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Proposed Form based Zoning Ordinance User Guide
Form-Based Zoning Ordinance User Guide The breadth and details of the City of Lansing Form-Based Zoning Ordinance can be a bit intimidating for first time users not familiar with municipal regulations;even for veteran code users. This User Guide is intended to explain the structure of the Ordinance and hopefully make it easier to navigate. THE BASICS: Planning • Zoning 10 The Design Lansing Comprehensive Plan is the The Zoning Map is generally based on the Comprehensive framework for this Ordinance, think of it as the City's Plan's future land use plan and related policies. The zoning map "blueprint". The Comprehensive Plan describes policies, classifies the City into different zoning districts. The Ordinance expectations and recommendations for the future. One key describes what uses are allowed and the standards for building element is a future land use map (shown on the following page) and site design in that district(see page 5). that illustrates the intended arrangement of land uses and their Authority. This Ordinance was adopted pursuant to the density. authority by the Michigan Zoning Enabling Act(P.A. 110 of 2006). Some key features in the Plan are recommendations to promote Process to Create and Amend the Ordinance. Lansing's placemaking, housing diversity and improve Lansing's physical ordinances that regulate development go back several decades. appearance. Details are provided for future improvements to The Ordinances have been amended from time to time to the transportation system,with a goal of giving people choices respond to changes in state law,federal law and administrative to travel by auto,truck,walking,bike or transit. rule, and case law. In addition, the City occasionally makes amendments to improve the Ordinance, address new The Design Lansing vision is for Lansing to become the premier Midwest city- opportunities,and to be consistent with changes to the City's residentsa city of which Michigan areveryproud, ,, recognized planning and policies. Any amendment follows that process,a entrepreneurs,and sought out by residents public hearing at both the Planning Board and City Council. This Ordinance was adopted by the City Council after a public hearing and upon the recommendation of the Planning Board The Plan is occasionally amended, a process typically led by which also held a public hearing. the Planning Board at the direction of City Council. The last major overhaul was in 2012. The Plan can also be amended by If you have a hard copy of the ordinance, it is suggested you Chapter,to change specific policies or to change the future land write the date of receipt on the cover of first page.Thereafter, use designation for a particular area. refer to this date when asking City staff about any Ordinance For more information on how the Comprehensive Plan relates amendments since that date (particularly to the zoning map). to this ordinance,see page 2. What's Regulated? The City of Lansing Zoning Ordinance This ordinance differs from previous ordinances. A regulations cover aspects of the built environment,including form-based code (FBC) is a zoning approach that focuses more - what different types of land uses can be constructed(single on a building's form and appearance,and less on its use. family,stores,offices etc.), - Conventional zoning emphasizes which land uses are - size,height and placement of buildings, permitted in which locations,often callingforthe separation - how much parking is needed and standards for its design, of uses. It gives limited direction on the design and form and of development,generally addressing only building setback - design standards for landscape,lighting and signs. minimums,and height and density maximums. - In contrast,form-based zoning focuses on what the desired u L___J u look,feel and character of a place should be. It addresses the relationship between buildings and the street,the form I - -- -- b l and mass of buildings in relationship to one another,the pattern of blocks and streets and the location and type of public spaces. II =— __ The FBC is intended to: - More effectively transform land use patterns 91� - More adequately rotect neighboring ro erties and desirable community character. Zoning Ordinance User Guide- DRAFT Page I Effective XX 2017 Relation • Design Lansing Comprehensive R U R A L I I I I I I I I [ IITRANSE +CTIIIIIIIIIIIIIURBAN RURALZONES URBAN ZONES 61STRICTS f 0 o v al.K t � C ax CL O L - ,.�'. -n] T1 p nu= T2 �, T3 CM. T4 IE,�„H` T5 ,.Bair"€a T6 LtRenx DIS RPC The Zoning Ordinance reflects the land use planned during codified in this ordinance through form-based zoning comprised the Design Lansing comprehensive planning process. The of three main components: districts, building types, and street comprehensive plan identified existing character based on things types.The districts generally relate to the land use categories like street patterns,building placement,and age of buildings and as identified in the transect graphic above from Design Lansing, then recommended how to further enhance the desired patterns where development characteristics shift from suburban-style through redevelopment. development to more urban and downtown styles.These districts The Design Lansing Plan was formed using a standard descriptor are identified on the Zoning Map.The district regulations in the known as"the transect",which was also used in developing this following chapters 1243: Commercial Mixed Use Zones, 1244 code.The transect is essentially a continuum of development and Residential Zones and 1245: Special District Zones identify community character patterns from rural to urban. The transect allowable uses and site and building placement requirements. is the organizing principle for the FBC, because it is based on Each district has certain building types that are recommended to development patterns and community character,and is intended meeting the district regulations.The building types are identified to protect and improve the appearance of the city. in Chapter 1246. The transect approach established during Design Lansing is ILI Tr 1,p" UN $ i �y ,k� k 31 I — ................... ` STREETWMLOGIES CITY OF LANSING i � —' —se°ma wmeors meir(a,leor: Pnme(onnenon F,q8V F.tLand W,,MR FORM BASED CODE .. rvmgneomam rva-wto,a¢ea ql-RaaJ&eenway(ornGoss DESIGN-SING 2012 COMPREHENSIVE PLAN Future Land Use Map:a guide for planned future land use Street Typology Map:first conceptualized in the Master Plan, now adopted separately,this governs the hierarchy of streets and their associated frontages Zoning Ordinance User Guide- DRAFT Page 2 Effective XX 2017 Zoning Map: regulates use of the property today. *This map is for illustrative purposes. Please refer to the current zoning map for the zoning district for specific properties. P!' LINK> YIL i r._,fit r Lansing Form-Rased(nde AN ZaningMap ""• .,'� 11 7.. w mod. a. 4111, v 1J o V00 n,oao FM N r R41 i rri 7 - �4 m� .,r _ � n 2L_ 15 Aj I r_ i � I How this OrdinanceOrganized Chapter 1 240 Describes the state statues that authorize the Zoning Ordinance,defines generally where and how the Ordinance Purpose and applies,and describes some of the legal framework. Definitions Terms used in Zoning,Subdivision Ordinances and Building Codes do not always match up with what is commonly understood.This Chapter defines the meaning of a host of terms used in the Zoning Ordinance. For example, what an"accessory use"to a home is or what is meant by different use terms like"Child Care Center." This Chapter also describes how standards are interpreted. One example is building height:in this code it is measured differently depending upon the type of roof,and often is not measured at the peak of the roof. Another example is how setbacks are measured,especially for lots that are not simple squares or rectangles. Chapter 1 242 This chapter lists the districts and how they are mapped on the Zoning Map which depicts the geographic location Districts Generally and arrangement of the various zoning districts.. and Zoning Map Also included here are descriptions of how the Street Typologies from Design Lansing relate to frontages. Chapters 1243- This chapter relates to the Zoning Map.It describes the uses allowed in each zoning district and directs you to any 1245 Form-Based specific standards applicable to that use. Zoning Districts Building placement(i.e.setbacks) Built frontage(i.e.street wall) Lot coverage Block size(maximums) Permitted uses Zoning Ordinance User Guide- DRAFT Page 3 Effective XX 2017 Chapter 1246 Each district has certain building types that are recommended.The building types are identified in Chapter 1246, Form-Based which governs architectural and building characteristics: Building Types Building access Open space Architecture Materials Chapter 1250 Includes site standards that may apply,depending upon property location,such as General Provisions antennas fences and hedges accessory buildings floodplain control Chapter 1252 Includes requirements for landscaping,screening,and buffering. Landscaping Chapter 1254 Includes requirements for off-street parking and bicycle parking. Parking Chapter 1260 Site Outlines the process and expectations for submitting site plans for review by the City. Plan Review Chapter 1262 This chapter outlines the procedures for applying for a Special Land Use. Details on what Special Land Uses are Special Land Use permitted where are found in each zoning districts use table.A Special Land Use may be permitted only if it meets the conditions described in the district chapter.A Special Land Use requires a public hearing. Chapter This chapter describes the application process, requirements, uses, and design standards for planned residential 1264 Planned developments,intended to promote flexibility and innovative design. Residential Developments Chapter 1270 In some cases,a use or structure was developed in compliance with the standards applicable at the time of construction, Nonconformities but due to amendments made over time,does not comply with current standards. If that construction was approved by the City (i.e.was legal at one point in time),it is referred to as"nonconforming." New regulations are generally written with the intent of gradually eliminating nonconforming situations;in other cases,some level of improvement or change is allowed.This Chapter describes the rights and limitations of various nonconforming situations, what improvements or changes are allowed,or not allowed,and who has authority to approve them. Chapter 1 272 Explains who is responsible for administering various regulations in the code. This includes establishment and roles Administration, for the City Council,and its appointed boards commissions like the Planning Board,Board of Zoning Appeals and Enforcement and Historic Preservation Commission.The Authority provided to the Zoning Administrator is also described. Penalty This Chapter outlines the procedures for notification and action by the City if there is a violation of this Ordinance, i.e. someone knowingly or unknowingly does not comply with regulations set forth in the Zoning Ordinance. Chapter 1 274 The roles,responsibilities,of the Board of Zoning Appeals and the considerations for variances are delineated. Board of Zoning Appeals Chapter 1285 Procedures for the rezoning of property are addressed in this chapter. Amendments Associated Documents.The Zoning Ordinance is supported by three documents: Street Design CHAPTER 1020.- STREETS AND SIDEWALKS GENERALLY Standards ay be CHAPTER 1236.- DESIGN STANDARDS amended through CATA "Shaping the Avenue" 1238.04.- Streets. project) Subdivision Title 4 of Part 12 of the City of Lansing Ordinances Ordinance Applications There are separate submittal forms and checklists for different types of requests, such as a rezoning, development plan or variance. Application forms and checklists are available at the Planning and Neighborhood Development Department,or on the web at http://www.lansingmi.gov/planforms Zoning Ordinance User Guide - DRAFT Page 4 Effective XX 2017 What uses are • - • • . • apply? A. Check the Zoning District Map:What is permitted in parking spaces, are consistent throughout the City and are one district may not be permitted in another. First look at the regulated in Chapter 1286 and higher. adopted Zoning District Map to see how it is zoned. This map A list of uses allowed can be found for each district at is on the City's website. <LINK>The published zoning map is the beginning of each chapter.These tables list uses in three periodically amended,such as when a property owner receives classifications: approval for rezoning their land. The Planning Office maintains the official current map. I. "Permitted" uses, meaning if you meet the standards,that The zoning designation will point to the applicable district use is allowed. regulations, which identify the allowable uses and site and 2• "Conditional" uses are permitted uses but must meet the building requirements.These districts are described in Chapters specific standards for particular uses outlined in the table. 1243-1245 and are illustrated by colors on the Zoning Map. 3. "Special Land Use"uses are reviewed by the Planning Board These districts include: and permitted by City Council using the standards outlined Commercial/Mixed-Use Zones (1243) in Chapter 1262. Suburban Commercial 4. If a use is not listed,it is not permitted in that zoning district. MXC Mixed Use Urban Corridor See the following page for a summary table of uses by district. MXI Mixed Use Neighborhood Center I�MjP6 . Jx, Mixed Use Community Center Mixed Use District Center Urban Edge Urban Flex - .t.•-� I Downtown Core Residential Zones (1244) - R-I Suburban Residential bWa "'w`•J.& `ft"—` PTA.h JI&FAA'-` R-2 Suburban Residential R-3 Suburban Residential 144mm mWL R-4 Urban Edge Residential -WT R-5 Urban Residential R-6A Urban Residential Urban Residential B. Determine your street type: Find the applicable Multi-family Campus Residential street type(s) bordering your property, as defined in the Mixed Residential Comprehensive Plan. (Links: Transportation Street Typologies R-AR Adaptive Reuse Residential map,Transportation Street Typologies table). C. Determine applicable building types:Within the zoning Special District Zones ordinance,find the applicable buildingtypes based on the zoning Suburban Industtriariall® classification and street type. The building types play a major General Industrial Urban Industrial role in defining community character,so they are an important element in the form-based code.Building types are provided in Suburban Institutional Chapter 1246. ® Urban Institutional Each district includes text that describes the intent (the City's STREET TYPE objectives) and references to other chapters of the Ordinance for design standards. Some of those design standards, like minimum lot width, lot side, and building setbacks vary from e one zoning district to another and are delineated in the section o 0 0 titled Site Layout Requirements. Others, like the size of 12430803 H%-3 SITE LAYOUT REQUIREHEHTS pI� Townhouse - - - - x x ®Hinimam Hdght is i vnn ' Flats/Lofts - - x x x ®H.imum Height W 6 w Storefront Mixed-Use x x x x x x mr me eleen aa� o -_ Mid-Rise/High-Rise x x x x x - In, Parking Structure x rno�d 1�vhd be ~� ®Required Upper H.,Bep Razks dent-Wd w 1h.the �>� Gas&Service x -wM1en adjarent ro A-I rhrougM1 nigien poim elm Stations RA dktdcn building s rctbxY has dle>�rml red,.A e11—JI[T.ner V leu[equal re dn•heir[ of die buildup;. Zoning Ordinance User Guide- DRAFT Page 5 Effective XX 2017 R-bl R-MX RESIDENTIAL USES Single-family detached dwelling Two-family dwelling 0000000000_ Multiple-family dwelling HUMAN CARE FACILITIES Adult day care facility Adult foster care family home(6 or fewer adults) Adult foster care small group home(12 or fewer adults) 0000000000_ Adult foster care large group home(13 to 20 adults) Adult Foster Congregate Care Facility Convalescent or Nursing Home Foster family home(6 or fewer children 24 hours per day) Family day care home(6 or fewer children less than 24 hours per day) Group day care home l7 to 12 children less than 24 hours per day) Child care centers,preschools and commercial day care 000000000__ 000000000__ 00000000000 INSTITUTIONAL Places of Assembly ©©©©©©©©©0© 0000©00000_ 00000000000 0000000000_ Op 00000000000 Trade school COMMERCIAL/OFFICE Retail sales and service Restaurant,bar,tavern Professional and business offices(e.g.doctor,lawyer,architect) Animal hospital Funeral home Laundromat or coin-operated dry cleaner Motor vehicle service station Nursery,commercial greenhouse Parking structure Self-storage rental Studio,such as dance,health,music or other similar place of instruction Vehicle sales,vehicle leasing,and other outdoor sales facility Drive-thru as an accessory use INDUSTRIAL MXC MXI MX2 MX3 DTIA DT2 DT3 ® IND-2 IND-3 ® INST-2 RESIDENTIAL USES Single-family detached dwelling Two-family dwelling 0000000___00 HUMAN CARE FACILITIES Adult day care facility Convalescent or Nursing Home aaaaoo����aa INSTITUTIONAL Places of Assembly aaaa©a©aaaaa Trade school ooa0000���oo ����00000000 000000000000 000000000000 COMMERCIAL/OFFICE Retail sales and service Restaurant,bar,tavern Animal hospital ME Funeral home Golf courses Motor vehicle service station Nursery,commercial greenhouse Parking structure Self-storage rental Drive-thru as an accessory use 000aaoo���oo 000000000��� 0000000����� 0000000���00 0000�o�oo��� ��oo�oo��000 0000000����� INDUSTRIAL Dry cleaning plants Lumber yards Metal forming Power plants Research laboratory Salvage yards Sanitary land fill Too],die and machine shops Truck terminals aaaaao�o�000 What are my options if my intended use is not listed as a permitted, conditional, or • - • Please contact the Planning Office if you have any questions or need assistance. Pre-application conferences with City staff are always welcome,and can prevent problems and misunderstandings before they occur. If your proposed use is not listed as an allowed use on your property,you have several options,including: I. Find an alternative use for your property which is permitted. 2. Find a site in the City which is properly zoned for your intended use. 3. If your use is not listed anywhere in the Zoning Ordinance,you could request that the Zoning Administrator consider your intended use based on its similarity to other uses permitted under the ordinance.In some cases,the Zoning Administrator may take the request to the Planning Board for input prior to making a determination. The Board of Zoning Appeals is the authority for appealing decisions of the Zoning Administrator. 4. Request the City rezone the property,which requires public hearings before both the Planning Board and the City Council. These factors are considered when reviewing a rezoning request: - Is the existing zoning already reasonable? - Is the request consistent with the master plan? - Is the site capable of accommodating the allowed uses? - Are all the permitted uses compatible with the surrounding area? 5. Request a Conditional Rezoning.Michigan law allows an applicant to put conditions on a rezoning to restrict uses allowed (may only allow some uses permitted in the district) or design standards to make the rezoning more consistent with city policies,the master plan,and compatibility of the area.See Section 1240.04 (f) 6. Request the City amend the Zoning Ordinance to add your proposed use,either as a Permitted,Conditional or Special Land Use in the particular zoning district.Note:The City of Lansing does not allow"use variances",a variance to allow a use that is not allowed within a zoning district. What is the next • when the proper z• place? nce proper zoning is in place there are several factors - Expanding building or parking lot: if the use is to consider during the early stages of project planning.The permitted, it can typically be reviewed administratively by list below highlights some of the more distinct options and Zoning Administrator procedures. - Historic District Commission approval is required by - Site Plan: Most projects, other than construction of a Chapter 1220 of the City Code for projects in local Historic single family home,require a Site Plan.Approval of lots and Districts. See the Planning Office website http://www. related infrastructure requires submission and approval of Iansingmi.gov/planforms for further information. a Subdivision Plan. Most of the design standards are found in the Zoning Ordinance though other City regulations, - Planned Residential Development: If there are like the Building Code,also apply. Submittal requirements significant natural features on your site or you want for those procedures are described in Chapter 1260. An flexibility in arrangement of buildings or to mix different application form along with a description of the review fees, types of residential, the Zoning Ordinance has an option timelines and required submittal information is available called "Planned Residential Development (PRD). PRD's allow a greater degree of flexibility in designing a site, online. such as clustering buildings on the most buildable part of - Reoccupying building or change in use: If the use is a site. In return for the flexibility,the City looks for special permitted, it can typically be reviewed administratively by provisions to preserve key features or to promote energy the Zoning Administrator;may need to confirm adequate conservation.Provisions are mutually agreed upon between parking, may require upgrades to site to be in greater the developer and the City. Descriptions of PRD's are conformity with current standards.It may still need Building provided in Chapter 1280. Safety Office approval. If zoning approval is secured, next step is plan review by building department for compliance - Transportation Impact Analysis: If your project is with the building code and other construction and expected to generate a significant amount of traffic or is engineering standards. located on a congested corridor, you may be required to submit a transportation impact analysis (TIA). A TIA must be prepared by a certified traffic engineer or transportation planner. Zoning Ordinance User Guide - DRAFT Page 8 Effective XX 2017 What is the approval process for my project? I. Check the Zoning Map and related District text to confirm your use is allowe`. ---------------- 2. Determine which approvals are needed: This may include Rezoning, Special Land Use, Site Plan, Certificate of Appropriateness, Planned Residential Development,Variance,etc. Lossio 3. Obtain the applicable Application: Application forms are available on the City's web site or in the Planning and . Neighborhood Development Department office,316 N.Capitol Ave. There you will find application forms and information on the steps in the review and approval process. In some cases,City staff will meet with the applicant to review the procedures and requirements. Once you feel you have a complete application, submit it to the " Planning Office at the same address. Depending on the type of review, when the application is determined to be complete, th Zoning Administrator will forward your requests to the Plannin Board, Historic District Commission, Board of Zoning Appeals, or City Council as appropriate. Board of Historic Zoning Planning Zoning District Building ApprovalAuthority Administrator Board Appeals City Council Commission Safety Office Site Plan ✓ Reoccupancy/Change in Use ✓ Special Land Use ✓ Planned Residential Development Rezoning ✓ ✓ Variance ✓ Certificate of Appropriateness ✓ Building Permit ✓ What if my property lies within a new Form-Based Code7,1f_�O_u_ - - - • - - district, but was completely legal before the FBC came into effect? have questions on the use or interpretation of the Properties in form-based zoning districts that were lawfully ni Ordinance, procedures, submittal deadlines, or other established prior to the enactment of the Form-Based Code are information contact known as "nonconformities". The Form-Based Code was enacted to affect development patterns according to the Comprehensive Plan, not to put people out of business. The Code offers some Planning Office flexibility in its applicability and administration to prevent hardship. 316 N.Capitol Ave.,Suite D-I For example: Lansing,MI 48933-1236 (517) 483-4066 - Changes in the use of a property to another permitted use, www.LansingMi.gov 483-40.6 increases in parking to meet the minimum number of spaces required,or building maintenance or facade changes that do not alter the building footprint or require site improvements, How to submit a development proposal: are permitted in the FBC, provided that standards of other Pick up/pull off the website the Application packet.This will applicable city codes and ordinances are met. explain what needs to be submitted and when. It includes an - With additions that are less than half the size of the original application form that requires information on the property buildings,only the additions are required to comply with the owner, the developer and the subject site; a checklist of all new provisions. required submittal items and a description of the procedures for each particular development process. It is always advised - For a new development and or substantial addition (greater that you contact City staff to discuss your project in advance than half the square footage of the existing building), the so that proper guidance and feedback can be provided in the entire site must be brought into compliance with the FBC formative stages of your project. requirements. Zoning Ordinance User Guide - DRAFT Page 9 Effective XX 2017 Zoning Ordinance User Guide - DRAFT Page 10 Effective XX 2017 l4 Y h City of Lansing Zon *lng OCTO BER 2017 DRAFT effective xx/xx i Back Lo.C. Defin. Map Uses Part 1: Districts Chapter 1240 Purpose and Definitions C: 1240.01 Short Title.....................................................................................................................................................................................................40-2 1240.02 Enabling authority........................................................................................................................................................................................40-2 U 1240.03 Purpose.........................................................................................................................................................................................................40-2 O1240.04 Definitions.....................................................................................................................................................................................................40-2 L Chapter 1242 Districts Generally and Zoning Map 1242.01 Establishment of districts.............................................................................................................................................................................42-2 1242.02 Official zoning map......................................................................................................................................................................................42-2 1242.03 Street Typologies...........................................................................................................................................................................................42-3 1242.04 Interpretation of District Boundaries..........................................................................................................................................................42-3 Chapter 1243 Commercial Mixed-Use Districts 1243.01 Applicability...................................................................................................................................................................................................43-2 1243.02 Administration...............................................................................................................................................................................................43-2 1243.03 Commercial Mixed-Use Permitted Uses........................................................................................................................................................43-4 1243.04 S-C Suburban Commercial............................................................................................................................................................................43-8 1243.05 MX-C Mixed Use Urban Corridor...............................................................................................................................................................43-11 1243.06 MX-I Mixed-Use Neighborhood Center......................................................................................................................................................43-14 1243.07 MX-2 Mixed-Use Community Center..........................................................................................................................................................43-17 1243.08 MX-3 Mixed-Use District Center.................................................................................................................................................................43-20 1243.09 DT-I Urban Edge........................................................................................................................................................................................43-23 1243.10 DT-2 Urban Flex.........................................................................................................................................................................................43-26 1243.11 DT-3 Downtown Core.................................................................................................................................................................................43-29 Chapter 1244 Residential Districts 1244.01 Applicability...................................................................................................................................................................................................44-2 1244.02 General Development Requirements for Dwelling Units.............................................................................................................................44-2 1244.03 Administration...............................................................................................................................................................................................44-2 1244.04 44-3 Residential Permitted Uses........................................................................................................................................................................... 1244.05 R-I Suburban Residential.............................................................................................................................................................................44-6 1244.06 R-2 Suburban Residential.............................................................................................................................................................................44-8 1244.07 R-3 Suburban Residential...........................................................................................................................................................................44-10 1244.08 R-4 Urban Edge Residential......................................................................................................................................................................44-12 1244.09 R-5 Urban Residential................................................................................................................................................................................44-14 1244.10 R-6 Urban Residential................................................................................................................................................................................44-I6 1244.11 MFR Multi-family Campus Residential........................................................................................................................................................44-18 ._ 1244.12 R-MX Mixed Residential..............................................................................................................................................................................44-20 1244.13 R-AR Adaptive Reuse Residential...............................................................................................................................................................44-22 Chapter 1245 Special Districts 1245.01 Applicability...................................................................................................................................................................................................45-2 10 1245.02 Administration...............................................................................................................................................................................................45-2 1245.03 Industrial and Institutional Permitted Uses................................................................................................................................................45-4 1245.04 IND-1 Suburban Industrial...........................................................................................................................................................................45-7 1245.05 IND-2 General Industrial............................................................................................................................................................................45-10 1245.06 IND-3 Urban Industrial..............................................................................................................................................................................45-13 City of Lansing Zoning Ordinance Back � Artie e LO,C. !]efin. Mep Uses 1245.07 INST-1 Suburban Institutional....................................................................................................................................................................45-I6 1245.08 INST-2 Urban Institutional.........................................................................................................................................................................45-19 Chapter 1246 Building Types C 1246.01 Introduction..................................................................................................................................................................................................46-2 O 1246.02 Applicability...................................................................................................................................................................................................46-2 D 1246.03 Appeals..........................................................................................................................................................................................................46-2 -O 1246.04 Architectural Regulations..............................................................................................................................................................................46 3 } 1246.05 Example Building Types...............................................................................................................................................................................46-7 Part 11: General Provisions Chapter 1250 General Provisions 1250.01 Scope of Application.....................................................................................................................................................................................50-2 1250.02 Use-Related Regulations...............................................................................................................................................................................50-2 1250.03 Supplemental Dimensional Regulations........................................................................................................................................................50-9 1250.04 Site Development Regulations....................................................................................................................................................................50-10 1250.05 Antenna,Communications,and Energy Structures....................................................................................................................................50-21 1250.06 Floodplain Regulation.................................................................................................................................................................................50-34 1250.07 Vested Rights...............................................................................................................................................................................................50-37 Chapter 1252 Landscaping 1252.01 Applicability...................................................................................................................................................................................................52-2 1252.02 Planting plan specifications.........................................................................................................................................................................52-2 1252.03 Plant material sizes and spacing................................................................................................................................................................52-2 1252.04 Species...........................................................................................................................................................................................................52-2 1252.05 Interior Site Landscaping ...........................................................................................................................................................................52-4 1252.06 Non-residential Right of Way and Front Setback Planting........................................................................................................................52-4 1252.07 Parking lot landscaping...............................................................................................................................................................................52-4 1252.08 Buffering and Screening...............................................................................................................................................................................52-5 1252.09 Maintenance ................................................................................................................................................................................................52-5 1252.10 Waivers & Implementation.......................................................................................................................................................................... - . , . Chapter 1254 Parking 1254.01 Off-Street Parking.........................................................................................................................................................................................54-2 1254.02 Bicycle parking...........................................................................................................................................................................................54-14 Part lll:Approval Chapter 1260 Site Plan Review 1260.01 Intent.............................................................................................................................................................................................................60-2 1260.02 Uses Subject to Review................................................................................................................................................................................60-2 1260.03 Standards for Approval.................................................................................................................................................................................60-2 1260.04 Submittal Requirements ..............................................................................................................................................................................60-4 1260.05 Compliance and Construction with Approved Site Plan.............................................................................................................................60-5 City of Lansing Zoning Ordinance Ei�r_k Pori roe I.J.C. -Uefin L?Y�p Uses Chapter 1262 Special Land Use Permits 1262.01 Compliance required ...................................................................................................................................................................................62-2 1262.02 Applications; review procedures .................................................................................................................................................................62-2 O1262.03 Conditions on special land uses ................................................................................................................................................................62-3 Chapter 1264 Planned Residential Developments O1264.01 Intent ...........................................................................................................................................................................................................64-2 1264.02 Application and approval procedures ........................................................................................................................................................64-2 1264.03 Contents of preapplication and development plans .................................................................................................................................64-2 1264.04 Principal uses permitted..............................................................................................................................................................................64-4 1264.05 Design standards;bonus density..................................................................................................................................................................64-4 1264.06 Amendments to approved developments.....................................................................................................................................................64-6 Part MAdministrative Chapter 1270 Nonconformities 1284.01 Purpose and Intent......................................................................................................................................................................................70-2 1284.02 Non-Conforming Lots of Record..................................................................................................................................................................70-2 1284.03 Non-conforming Buildings or Structures.....................................................................................................................................................70-2 1284.04 Non-Conforming Uses...................................................................................................................................................................................70-3 1284.05 Non-conforming Sites....................................................................................................................................................................................70-3 Chapter 1272 Administration, Enforcement and Penalty 1272.01 Enforcement by Planning Office,Code Compliance Office and Building Safety Office;violations; reviews ...........................................72-2 1272.02 Fees ..............................................................................................................................................................................................................72-2 1272.04. Penalty;notice to abate violations;equitable remedies.............................................................................................................................72-2 Chapter 1274 Board of Zoning Appeals 1274.01 Establishment................................................................................................................................................................................................74-2 1274.02 Composition;terms of office;vacancies.......................................................................................................................................................74-2 1274.03 Powers and duties........................................................................................................................................................................................74-2 1274.04 Appeal procedures. ......................................................................................................................................................................................74-2 1274.05 Hearings........................................................................................................................................................................................................74-3 1274.06 Variances.......................................................................................................................................................................................................74-3 1274.07 Vote required................................................................................................................................................................................................74-4 1274.08 Conditions for approval................................................................................................................................................................................74-4 1274.09 Appeals to Circuit Court..............................................................................................................................................................................74-4 Chapter 1276 Amendments 1276.01 Application for Amendment..........................................................................................................................................................................76-2 1276.02 Approval........................................................................................................................................................................................................76-2 1276.03 Conditional rezoning.....................................................................................................................................................................................76-3 Appendix ZoningMap........................................................................................................................................................................................................................A-2 StreetTypes Map...............................................................................................................................................................................................................A-3 UseTable ........................................................................................................................................................................................................................A-4 IV City of Lansing Zoning Ordinance W; I-k T,4, , efin. iuya ' Chapter Purpose and Definitions AWL DRAFT OCTOBER 2017 City of Lansing Zoning Ordinance — Back Article TO.C. Defin. Map Uses 1240.01 Short Title This Ordinance establishes comprehensive zoning regulations for the City of Lansing, and provides for the administration, enforcement, and amendment of those regulations, in accordance with the provisions of the Michigan Zoning Enabling Act (Public Act 110 of 2006, as amended).This Title Six of Part Twelve of these Codified Ordinances shall be known and may be cited as the "Zoning Ordinance of the City of Lansing" or just the "Zoning Ordinance" c 1240.02 Enabling authority N a This Zoning Code is enacted pursuant to Michigan Zoning Enabling Act (Act 110 of 2006), as amended, being M.C.L.A. 125.581 to 125.592, and Public Act 285 of 1931, as amended, being M.C.L.A. 125.31 to 125.45. 1240.03 Purpose The purpose and intent of this Zoning Ordinance is to: (a) Protect the public health, safety,general welfare and investment-backed expectations of property owners by ensuring some level of certainty in the land use pattern, arrangement and compatibility of uses. (b) Be consistent with the Michigan Zoning Enabling Act. (c) Implement the vision for development as specified in the Design Lansing Comprehensive Plan ("the Plan"). (d) Maintain consistency with the development patterns of architecture, setbacks and intensity of development that are already in conformance with the Plan. (e) Create incentives to encourage additional preservation and development quality than is required in this ordinance. (f) Treat places of assembly that have similar characteristics consistently and to recognize that some, such as religious and educational places of assembly, may generate pedestrian activity sporadically,and thus be more appropriate in or near residential districts;while others, such as theaters, are more appropriately located near other commercial businesses to enhance economic vitality. 1240.04 Definitions 1240.04.01 CONSTRUCTION OF LANGUAGE The following rules of construction apply to the text of this Ordinance: (a) The particular shall control the general. (b) In case of any difference of meaning or implication between the text of this Ordinance and any caption or illustration, 109 the text shall control. (c) The word "shall" is always mandatory and not discretionary.The word "may" is permissive,with the decision made by the Zoning Administrator or any other city staff noted, Planning Board, City Council or Board of Zoning Appeals; as indicated. (d)Words used in the present tense shall include the future and words used in the singular number shall include the plural, 0 and the plural the singular, unless the context clearly indicates the contrary. (e) The word "building" includes the word "structure"The word "build" includes the words"erect" and "construct"A"building" or"structure" includes any part thereof. (f) The phrase "used for" includes"arranged for,""designed for,""intended for,""maintained for,"or"occupied for." 40-2 City of Lansing Zoning Ordinance (g) The term"including" means "including, but not limited to"and the term "such as" means"such as, but not limited to" unless otherwise noted. 0 (h) The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity recognizable as a"person" under the laws of Michigan. o (1) Unless the context clearly indicates the contrary,where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and,""or,""either...or,"the conjunction shall be interpreted as follows. e (1) "And" indicates that all the connected items, conditions, provisions or events shall apply. M (2) "Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination (i.e. Q "or" also means "and/or"). a (3) "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. (j) The terms "abutting"or"adjacent to" include contiguous property along the lot lines of the subject site including those in another community.The first lot may be directly across a public right-of-way from the second lot. (k) The word "days"shall mean calendar days and include all week-end days and holidays. (1) Terms not herein defined shall have the meaning customarily assigned to them. In an instance where graphics are used in the ordinance, text prevails over graphics which are shown to assist the reader. For ease of use, some terms are defined in the sections containing the regulations to which they apply. 1240.04.02 DEFINITIONS As used in this Zoning Ordinance, unless otherwise provided: ACCESSORY BUILDING OR STRUCTURE.A detached structure on the same lot with, and of a nature customarily incidental and subordinate to, a principal structure, and occupied or devoted exclusively to an accessory use. ACCESSORY USE.A use which meets all of the following criteria: A. It is clearly incidental to the principal use. B. It is customarily found in connection with the principal use. C. It is subordinate to the principal use. D. It is located on the same lot as the principal use, except as otherwise permitted in this Zoning Code. ADJACENT RESIDENTIAL DISTRICT.The residential district to which the majority of the subject site is contiguous, abutting or located directly across a public right-of-way. ADULT CARE FACILITIES: (a) 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. (b) 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. City of Lansing Zoning Ordinance 40-3 Back Article Tt7.C. 17efin. Map Uses (c) Adult Foster Care Family Home: means a private home with the approved capacity to receive 6 or fewer adults to be 1 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 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. 0 (d) Adult Foster Care Large Group Home:A private home with approved capacity to receive at least thirteen (13) but not o 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. N (d) Adult Foster Care Small Group Home:A private home with the approved capacity to receive more than six (6) but not more a 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. (f) 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. (g) 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. ADULT USES. See definitions related to Adult Uses in Chapter 1250. ALLEY.Any dedicated public right-of-way affording a secondary means of access to abutting property. ANIMAL HOSPITAL.A structure or lot where animals are given medical or surgical care or treatment. APPLICANT.A person having a legal, equitable or leasehold interest in a lot, or a representative of such person,who is making a request pursuant to this Zoning Code. ARCHITECTURAL ELEMENTS: Physical features that relate to building architecture and character such as, but not limited to: belt courses, a cornices/moldin s, ® columns —�— or recesses, 0 awnings/canopies, and step-backs. per: ARTICULATION.Architectural variations in a building wall that accentuates details of the building design and can define a buildingbase, middle and top, and variety along the facade. P Y g Horizontal and vertical articulation is achieved by using changes in architectural elements to promote varied front building lines and interesting, non-uniform and non-repetitive facade designs. 0 BAR. See"RESTAURANT: BAR/TAVERN" BASEMENT OR CELLAR.That portion of a structure between floor and ceiling which is partly below and partly above grade.A basement is so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling.A cellar is that portion of a structure between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. BED AND BREAKFAST INN:Any dwelling in which overnight accommodations are provided or offered for transient guest for compensation, including provision for a morning meal only for the overnight guest only.A bed and breakfast is distinguished from a motel in that a bed and breakfast establishment shall have only one set of kitchen facilities, employ only those living in the house or up to one additional employee, and have facade style consistent with surrounding homes. 40-4 City of Lansing Zoning Ordinance Back Article ' Tt7C. D julep Uses BEDROOM.A room within a dwelling unit which meets the following criteria: A. It is intended to be used, or is used,for sleeping purposes. B. It contains a floor area of not less than 10 square feet. C. It is not the only room in the dwelling unit (i.e. an efficiency dwelling unit). Space and occupancy standards for a bedroom shall be as mandated by the Housing Code of the City, being Chapter 1460 of o these Codified Ordinances. cz BERM.An earthen mound designed to separate one area from another. o rZ BLOCK FACE.The cumulative property on one side of a street exhibiting one of the following characteristics: a A. The property lying between two intersecting streets or public rights-of-way; B. The property lying between an intersecting street and railroad right-of-way, river or stream; or C. The property lying between a public right-of-way, railroad right-of-way, river or stream and the corporate boundaries of the City. BREWPUB.A tavern or restaurant which contains an on-premises alcohol beverage production facility that produces up to 10,000 barrels of fermented malt beverages, 100,000 gallons of vinous spirits or 15,000 gallons of distilled spirits annually, primarily for on-site consumption or retail sale. BUFFER.A land area that separates one land use from another. Such area may be landscaped and may also contain a berm, fence or other screening material. BUILDING.An independent structure having a roof supported by columns or walls, intended and/or used for shelter or enclosure of persons or chattels.When any portion of a structure is completely separated from every other part by division walls from the ground up, and without openings, each portion of such structure shall be deemed a separate structure.This refers to both temporary and permanent structures, and includes tents, sheds, garages, stables, greenhouses or other accessory structures.A building does not include such structures with interior areas not normally accessible for human use,such as gas holders, tanks, smoke stacks,grain elevators, coal bunkers, oil cracking towers or similar structures. BUILDING CODE.The Stil le-De rossett-Hale- Single State Construction Code Act,Act 230 Of 1972, known as the Michigan Building Code,with amendments, adopted by referenced as part of these Codified Ordinances. BUILDING FRONTAGE.The percentage of the building faSade that adjoins the front setback or build-to line. BUILDING HEIGHT.The vertical distance from the grade at the front of a structure to the highest point of the coping of a flat roof;the average height between the eaves and a ridge or to the deckline of a mansard roof; or the average height between the plate and ridge of a gable, hip or gambrel roof. BUILD-TO LINE.The building line to which a building must be constructed. Similar to setback, a build-to line runs parallel to Min.and Max. ql Height o vl measured to 1/2 story Min.clear height top wall plate �i g Min.and Max. 40 Height measured z ?l Min.clear height to gable midpoint Min.Second of 1 _ Min.clear height Story Elevation _measured Ground Min.clear height floor finish r sidewalk to floor I JII, floor I � Setback easured ram Build-to measured from street curb or m property line,whichever is greater(see district) property line{see district) Building Height - Flat Roof Building Height - Pitched Roof City of Lansing Zoning Ordinance 40-5 Lod, , Back Article TO.C. Defin. Map Uses the right-of-way and is established to create a generally consistent building line along a street. The build-to line designates the 1 specific location or range within which the front building line must be located. BUSINESS.An office, commercial or industrial use entered into for the purpose of financial gain, earning a livelihood or improving o a person's economic conditions and desires. CANOPY.An ornamental or roof-like structure which is fastened to a structure and used for protection. CARPORT.An accessory structure used primarily to shelter private motor vehicles.A carport is attached to the principal structure d and is completely open on not less than two sides. N CHILD CARE/RESIDENTIAL CARE FACILITIES: a (a) 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. (b) 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. (c) 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. (d) 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 12 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. (e) 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 week,for two or more consecutive weeks, unattended by a parent or legal guardian. (f) Foster Family Home:A private home in which one but not more than six 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. CHURCH. See "PLACES OF ASSEMBLY" 109 CLEAR HEIGHT.Within a structure, the distance between the floor and ceiling. For entrances and other external building features, the unobstructed distance from the ground to the bottom of the lowest element above. CLINIC.An establishment where human patients who are not lodged overnight are admitted for examination and treatment by a 0 group of physicians, dentists, or similar professionals. A medical clinic may incorporate customary laboratories and pharmacies incidental to or necessary for its operation or to the service of its patients, but may not include facilities for overnight patient care or major surgery. • COMPREHENSIVE PLAN.A master plan described by Public Act 33 of 2008, as amended. 40-6 City of Lansing Zoning Ordinance Back Article TCS,C. �efin. lulap Uses CONSTRUCTION.The putting together of materials to build a new structure or to restore, reconstruct, extend, enlarge or repair an existing structure.This definition does not apply to section 1250.06. 1 CONSTRUCTION, START OF.The first placement of permanent construction of a structure, other than a mobile home, on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation."Permanent construction" does not include land preparation, such as clearing, grading and filling; the installation of streets and/or walkways; excavation for a basement, cellar, footings, piers or foundations or for the erection of temporary forms; or the installation on the property of accessory structures, c such as garages or sheds, not occupied as dwelling units or part of the main structure. cz For a structure, other than a mobile home,without a basement, cellar or poured footings,"start of construction" includes the first Q permanent framing or assembly of the structure or any part thereof on its piling or foundation. a For premanufactured homes,"start of construction" means the affixing of the premanufactured home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions,"start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed, including, at a minimum,the construction of streets, either final site grading or the pouring of concrete pads and the installation of utilities is completed. CONTIGUOUS.Abutting. CUMULATIVE. Increasing or enlarging by successive addition through all points in time. DAMAGED.An item that still functions as it was intended, but is missing parts or has parts that have suffered some degree of destruction. DETERIORATED.An item which still functions as it was intended, but is missing parts or requires substantial maintenance. DEVELOPMENT AGREEMENT.A contract between a local jurisdiction and a property owner within the jurisdiction detailing a development plan for the property. DISTILLERY. See "PRODUCTION FACILITIES". DRIVE-THROUGH BUSINESS:A business establishment so developed that its retail or service character is wholly or partly dependent on providing a driveway approach and service windows or facilities for vehicles in order to serve patrons food and beverages in a ready-to-consume state from a drive-through window to patrons in motor vehicles.A drive-through restaurant may or may not also have indoor seating. DUPLEX. See "DWELLING,TWO-FAMILY". DWELLING, MULTIPLE.A structure or portion of a structure which contains three or more dwelling units, including fraternities and sororities. DWELLING, ONE-FAMILY.A structure designed and/or used exclusively for residential purposes for one family only and containing one dwelling unit. DWELLING,TWO-FAMILY.An attached or semidetached structure used for residential occupancy by two families living independently of each other. Such dwelling is also known as a"duplex dwelling." DWELLING UNIT.A structure or a portion of a structure on a permanent foundation with one or more rooms, including a bathroom and complete kitchen facilities,which rooms are arranged, designed or used as living quarters for one family. DWELLING UNIT, EFFICIENCY.A dwelling unit of not more than one room in addition to a kitchen and bathroom. ELEVATION, SECONDARY.The building elevation built along the build-to line on the Secondary Frontage. City of Lansing Zoning Ordinance 40-7 Back Article i c. 17efin. Irtap Uses EMERGENCY SERVICES FACILITY. Includes, but is not limited to, public or private civil defense, ambulance or fire service. EXCAVATION.Any breaking of ground, except for agricultural purposes,ground care and landscaping. o EXTENSION.An addition to the floor area of an existing structure, an increase in the intensity of a use, an enlargement of land area utilized by a specific use or an increase in the activity of a use. FACADE, PRIMARY.The building elevation built along the build-to line on the Primary Frontage. FAIR MARKET VALUE.An estimate of the actual worth of a lot,structure or combination thereof,which estimate is made by a licensed real estate broker experienced and qualified in the appraisal of real estate using appropriate appraisal techniques. a FAMILY. One of the following: (a) An individual or group of two or more persons related by blood, marriage or adoption, together with foster children and servants of the principal occupants,with not more than one additional unrelated person,who are domiciled together as a single, domestic, housekeeping unit in a dwelling unit; or (b) A collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing nontransient domestic character and who are cooking and living as a single nonprofit housekeeping unit.This definition does not include any society, club,fraternity, sorority, association, lodge, coterie, organization, or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or other similar determinable period. FENCE.Any wall (except a retaining wall), screen, partition or similar structure existing on a yard or parcel of land,which structure encloses land, divides land into distinct portions, separates contiguous properties, obstructs the passage of light or air into adjacent land or obstructs the vision of motorists on or near public roads. Barbed wire shall not be considered part of a fence for purposes of determining the height thereof. FENESTRATION. Openings in the building wall, including windows, doors and open areas.When measuring fenestration,framing elements (such as muntins) with a dimension less than I inch are considered part of the opening. FILLING.The permanent depositing or dumping of any matter onto or into the ground, except for agricultural purposes, ground care or landscaping. FLOOR AREA.The sum of the horizontal areas of each story of a structure measured from the exterior faces of the exterior walls. FLOOR AREA, USABLE. For the purpose of computing parking,that A A area used for or intended to be used for the sale of merchandise or Bathroom Bathroom services, or for use to serve patrons, clients or customers. Such floor U, ,Y Utility area which is used or intended to be used for hallways, stairways, S,arage Storage elevator shafts, utility or sanitary facilities or the storage or processing of merchandise shall be excluded from this computation of"usable 109 B floor area" Measurement of usable floor area shall be the sum of Sa as&Servfae Sales&Service the horizontal areas of each story of a structure measured from the interior faces of the exterior walls. 0 FOOTCANDLE.A unit of luminance amounting to one lumen per square lsahl(AFN B,Area Gros(ANooBrA ea foot. Floor Area 0 FRONTAGE, MINIMUM.The minimum percentage of the frontage that the facade must occupy. 40-8 City of Lansing Zoning Ordinance Back Article ` TC?,C. �efin. lutap Uses FRONTAGE, PRIMARY.The primary frontage applies to parcels that front on more than one street. The primary frontage shall be considered the property line that abuts the street that either: 1 (a) Is envisioned to be the most pedestrian-oriented, according to the Street Typologies described in the Comprehensive Plan and defined in this ordinance (see "STREET TYPES"). In these cases the primary frontage should be considered the more active street type per the list in 1242.03. (b) Or, in the case where the above is not clear or where both streets are the same type, the street to which the majority of principal structures face within 500 feet of the M subject site, subject to zoning administrator's approval. FRONTAGE, SECONDARY.Applies to parcels that front on a more than one street.The secondary property lines are Corner Lot those which are not the Primary Frontage (see"FRONTAGE, PRIMARY"). FRONTAGE TYPES.The design for the front facade of a building type, as described below: (a) Porch:A porch is a frontage type applicable to lower Frontages density residential buildings and designed to provide covered, outdoor seating space for residents. Porches can project beyond the setback line towards the right-of-way and/or can wrap around the side of the building.An "enclosed porch" is surrounded on all sides by glass, screen,wood, brick, plastic, or other materials permitted by the Building Code.An "open porch" is one that is not enclosed. (b) Stoop: A stoop is a small elevated landing space above the sidewalk level which provides entry into the building. Stoops may be covered or uncovered and may project beyond the building setback line towards the right-of-way. (c) Storefront:A frontage type appropriate for the ground floor of commercial / retail buildings. Storefronts provide large windows with transparent views into the building interior. Awnings may be incorporated into the frontage design, projecting beyond the building setback line. FUNERAL HOME.A structure used and occupied by a professional licensed mortician for burial preparation and funeral services. GARAGE.An accessory structure for the storage of motor vehicles. GARAGE, PRIVATE.An accessory structure which is used primarily for the parking of private motor vehicles operated as accessory uses.A private garage has access through an overhead door and has a hard-surfaced driveway leading to the structure from a property line. GARAGE, PUBLIC.Any garage other than a private garage. GARDEN. the growing of plants for human consumption, including berries, herbs,vegetables,seeds, or other similar products incorporated into, and used as food and flowers, but not including plants grown for commercial sale or purposes. Gardens that are accessory to a primary permitted use are allowed by right in all residential districts. Gardens that are the primary use of a lot are permitted in all residential districts,subject to compliance with all applicable standards of the Lansing zoning ordinances and sign ordinance, including, but not limited to setback, building height, placement and lot coverage, landscape, screening and buffering and sign restrictions; and also subject to all other applicable state laws and city ordinances, including, but not limited to noise and other nuisances as defined by city ordinance, except that vegetation as described in a defined garden may exceed 8" in height. GARDEN STRUCTURE. a structure used for the purpose of enclosing a garden, including the incidental use and storage of gardening implements, machinery, equipment and appurtenances used in the onsite gardening activities. Garden structures are City of Lansing Zoning Ordinance 40-9 Brick Article TO.C. Defin. Map Uses permitted in all residential districts, subject to compliance with setback, lot coverage, building height and all other applicable 1 requirements of the zoning ordinance and building codes. GARDENING. The growing of a garden or the act of working in a garden. 0 GOLF COURSE.A comparatively large, unobstructed acreage involving enough room over which to walk or ride, point to point, c over a generally prescribed course, and to strive to send a ball long distances with variable accuracy, all without unreasonably endangering other players or intruding upon them. a GOVERNMENTAL ENTITY.The Federal Government,this State or any of its instrumentalities; a County, City,Township,Village, school district, community college district or community hospital district; any agency authorized to exercise a governmental function in a a limited geographical area or other political subdivision; any instrumentality of one or more of such units; or any of such units and one or more other States or political subdivision of such States. GRADE.The lowest point of elevation within the area between the exterior surface of the structure and the property line. If the property line is more than five feet from the exterior surface of the structure,"grade" means the lowest point of elevation between the exterior surface of the structure and a line five feet from the exterior surface of the structure. GREEN BUILDING.A structure that uses practices and materials that are environmentally responsible and resource-efficient throughout a building's life-cycle, from siting to design, construction, operation, maintenance, renovation, and demolition. Although new technologies are constantly being developed to complement current practices in creating greener structures,the common objective is that green buildings are designed to reduce the overall impact of the built environment on human health and the natural environment by: (a) Efficiently using energy,water, and other resources (b) Protecting occupant health and improving employee productivity (c) Reducing waste, pollution and environmental degradation Greenhouse, commercial."Commercial greenhouse" means a glass or less than opaque enclosure which exceeds 150 square feet in floor area and is designed or used for the cultivation or protection of plants; or a glassed enclosure, regardless of size, designed or used for the cultivation or protection of plants for commercial purposes. HEDGE.A dense row of low branching trees, shrubs,vines or other plants which encloses land, divides land into distinct portions, separates contiguous properties, obstructs the passage of light and air into adjacent land or obstructs the vision of motorists on or near public roads. HOME OCCUPATION.A business conducted in a dwelling unit by a person of legal or equitable interest in the dwelling unit. HOSPITAL.A health facility offering in-patient, overnight care and services for observation, diagnosis and active treatment of human patients with a medical, surgical, obstetric, chronic or rehabilitative condition requiring the daily direction or supervision of a physician. 109 HORIZONTAL MIXED-USE. See "MIXED-USE, HORIZONTAL". HOTEL: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.A hotel may include a restaurant or cocktail lounge, 0 public banquet halls, or meeting rooms. INCENTIVE. Regulatory flexibility, reductions, or rewards that may be granted to a development or project that provides certain Recognized Benefits or elements that go beyond the minimum requirements. The level of Incentive granted is relative to the 40-1 0 City of Lansing Zoning Ordinance Back Article TC?,C. Defin. Map Uses extent of the Recognized Benefit provided. INTEGRATED PARKING.A feature of a building that utilizes a portion of the ground level for vehicle storage and parking. INTENSITY OF USE.The amount of activity associated with a specific use. Intensity of use shall be determined by the Planning and o Neighborhood Development Department based on the following criteria: A. Amount of vehicular traffic generated; B. Amount of pedestrian traffic generated; C. Noise, odor and air pollution generated; Q— a D. Potential for litter or debris; E. Type and storage of materials connected with the use; F. Total residential units and density if residential; and G. Total structure coverage and structure height on the parcel. JUNK.Any of the following products which are stored in the open and which are damaged or deteriorated or are in such a condition that the product cannot be used for the purpose for which it was manufactured: A. Motor vehicles; B. Machinery; C. Appliances; D. Merchandise with missing parts; E. Scrap metal; and F. Scrap materials, including, but not limited to, rags, paper or building materials. JUNKYARD.A lot used to store or process junk. 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. LOADING SPACE OR AREA.An off-street space on the same lot with a structure or group of structures for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials, and having direct and unobstructed access to a public street or alley."Unobstructed" does not preclude the use of security devices. LOT.A parcel of land consisting of one or more lots of record occupied or intended to be occupied by a principal structure or use and any accessory structure or by any other use or activity permitted on the parcel of land."Lot" includes the open spaces and yards required under this Zoning Code and has its frontage on a public street or road either dedicated to the public or designated Fron[laifne J Fron1b,line on a recorded subdivision plat. Corner, interior and through lots are �p..•La m.�e L� A.eNLa described as follows: Mokiple M1�age Lot A. CORNER LOT.A lot where the interior angle of two adjacent sides Comer Lp, Me� a =,de er Lot at the intersection of two streets is less than 135 degrees.A lot abutting upon a curved street is a corner lot if the radius of the arc is less than 150 feet and the tangents to the curve at the two points where the lot lines meet the curve or the Lot Types City of Lansing Zoning Ordinance 40-1 1 6 Back Article TO.C. Defin. Map Uses straight street line extended form an interior angle of less than 135 degrees. B. INTERIOR LOT.A lot other than a corner lot. THROUGH LOT.An interior lot having frontage on two more or less parallel streets. LOT AREA. Means the total horizontal area within the lot lines of the lot. o LOT COVERAGE.The part or percentage of lot area, not including right-of-way, occupied by buildings, structures and hard-surfaced parking areas. d LOT DEPTH.The horizontal distance between front and rear lot lines, measured along the median between the side lot lines. a LOT LINE, FRONT.The line separating a lot from the right-of-way line of a street. LOT LINE, REAR.A lot line which is opposite the front lot line. In the case of a corner lot, the rear lot line may be opposite either front lot line, but there shall be only one rear lot line. In the case of a lot converging toward the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet Ion and wholly within the lot. t t t g / Rear Lot Rear Lot Rear Lot Line Line Line LOT LINE, SIDE.Any lot line not a front lot line or a rear lot line. Side Lot side Lot side Lot Line Line Line LOT LINES.The lines boundin a lot. Front Lot Front Lot g Line Line Front Lot Line LOT OF RECORD.A parcel of land which is part of a subdivision, the dimension and configuration of which has been recorded on a map in the office of the Register of Deeds for the appropriate county, or a parcel described by metes and bounds in any instrument of conveyance Lot Lines recorded at the County Register of Deeds. LOT WIDTH.The horizontal distance from one side lot line to the opposite lot line. LOW IMPACT DEVELOPMENT. Land development that uses nature, through preserving or recreating natural landscape features and minimizing effective imperviousness,to manage stormwater. ".d.F <" .` v ax. ..... / MAINTENANCE OF STRUCTURE.To keepup, to keepfrom thane to i } ; l preserve, to hold or keep in any particular state or condition or to -Lot Width support what has already been brought into existence. Lot Width MID-RISE AND HIGH-RISE.A mid-rise or high-rise building is a medium- 0 to large-size structure that can incorporate a mixture of uses and may often have integrated parking. Mid-rise buildings are typically 4-8 floors in height, and high-rise buildings are 9 or more floors in height. MIXED-USE.A development that blends a combination of residential and nonresidential where those functions are physically and functionally integrated. Mixed-use development typically uses a combination of vertical and horizontal mixed-use development practices. (a) MIXED-USE, HORIZONTAL. Horizontal mixed-use refers to development patterns where uses within a development site or along a block are mixed along the extent of the building and/or development. Horizontal mixed-use can be combined with vertical mixed-use. (b) MIXED-USE,VERTICAL.Vertical mixed-use refers to development patterns where uses within a building are mixed, often with 40-12 City of Lansing Zoning Ordinance b. Artir e L?C. Uelin.., Map.. retail or active commercial uses on the ground and lower floors, and office or residential uses on the upper floors. MOBILE HOME.A structure, transportable in one or more sections,which is built on a chassis and designed to be used as a dwelling without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in the structure."Mobile home" includes a manufactured home, but does not include o a trailer. a MOBILE HOME PARK.A parcel or tract of land under the control of a person upon which three or more mobile homes are located o on a continual nonrecreational basis and which is offered to the public for that purpose, regardless of whether a charge is made therefor, together with any structure, building, enclosure, street, equipment or facility used or intended for use incidental to the o occupancy of a mobile home, and which is not intended for use as a temporary trailer park. MOTEL.A series of attached, semidetached or detached rental units containing a bedroom and a bathroom.A motel shall provide for overnight lodging which is offered to the public for compensation and shall cater primarily to the public traveling by motor vehicle. MOTOR VEHICLE REPAIR STATION.A use where minor repairs (as defined in "Motor Vehicle Service Station") are performed and any of the following major repairs are performed: bumping, vehicle painting, replacement of body parts and collision service, engine repair, engine rebuilding or replacement, replacement of transmission or internal transmission parts, and rebuilding or reconditioning of motor vehicles. MOTOR VEHICLE SERVICE STATION.A use for supplying gasoline, oil and minor accessories at retail directly to the customer and which performs minor repairs."Minor repairs" means: engine tune up, alternator or generator replacement, battery replacement, fan belt replacement, radiator hose replacement, radiator repair or replacement, tire and strut repair or replacement,wheel balancing, oil change,windshield repair or replacement, brake repair or replacement, muffler and exhaust system replacement, front end alignment., and auto detailing. NONCONFORMITY.A use, structure or lot which does not conform with a use or dimensional provision or any combination of a use or dimensional provision of this Zoning Code, but which use, structure or land was lawfully established prior to the effectiveness date of such use or dimensional provision. NONRESIDENTIAL USE.Any use not a residential use. NURSERY.Any land used to raise trees, shrubs,flowers and other plants for sale or for transplanting. NURSING HOME. See "ADULT CARE FACILITIES." OCCUPANT.A person who takes or enters upon possession of a lot. OFF-STREET PARKING FACILITY.An off-street parking surface lot or an off-street parking structure. OFF-STREET PARKING STRUCTURE.A structure which provides for vehicular parking spaces, along with drives and aisles for maneuvering, so as to provide access for entrance and exit for the parking of two or more vehicles. OFF-STREET PARKING SURFACE LOT. The use of an area for vehicular parking spaces, along with drives and aisles for maneuvering, so as to provide access for entrance and exit for the parking of more than two vehicles on the surface of a lot. OFFICE.A structure in which a person transacts his or her business or carries on his or her stated occupation. OPEN SPACE. The ground area, and the space above such ground area,which is unimpeded from the ground to the sky by any structure, except that the area may be used for landscaping, gardening or recreational purposes such as swimming, shuffleboard, tennis or similar uses. Parking lots and storage areas for vehicles and material shall not be considered as open space. OPEN STORAGE.Any of the following items which are stored in the open and which are inoperable, damaged and/or deteriorated in such a condition that any such item cannot be used for the purpose for which it was manufactured, or is not reasonably associated with the principal use of the lot itself, including, but not limited to motor vehicles, machinery, appliances, motor vehicle parts; and other materials, including, but not limited to, metal, pipes, rags, papers or building materials. City of Lansing Zoning Ordinance 40-13 Back Article TO.C. Defin. Map Use3 OUTDOOR PLAY SPACE.The outside area on a lot reserved at a day care or group day care home for outside exercise, large 1 motor skill development and play space of children. OUTDOOR STORAGE:The keeping, in an unroofed area, of any goods,junks, material, merchandise or vehicles in the same place for o more than twenty-four hours. PANELIZED STRUCTURE.A structure consisting of preconstructed two-dimensional units for walls, roofs and floors,which may include c structural framing,windows, doors, exterior finishes, interior wall finishes, installed wiring, plumbing and insulation,which is brought on-site and erected thereon on a permanent foundation. a PARKING SPACE.An area of defined length and width for the parking of motor vehicles. Such area shall be exclusive of drives, a aisles or entrances giving access thereto. PEAK HOUR PARKING DEMAND.The number of parking spaces required during the highest intensity of use. PERIMETER LINE OR BOUNDARY LINE.The exterior limits of a lot. PERSON.An individual, agent, association, corporation, partnership, sole proprietorship,joint apprenticeship committee,joint stock company, labor organization, legal representative, mutual company, receiver,trust, trustee in bankruptcy, unincorporated organization, personal representative of an estate,the State, a political subdivision of the State, an agency of the State or any other legal or commercial entity. PERSONAL SERVICE ESTABLISHMENT.A business that performs services on the premises for persons residing in nearby residential areas including but not limited to shoe repair,tailoring, beauty parlors, nail salons, or barbershops. PLACES OF ASSEMBLY.Any structure wherein persons regularly gather for religious activity, entertainment, or political purposes including, but not limited to, churches, theaters, fraternal organizations, and trade union halls.A"Church" 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 DEVELOPMENT.An office, commercial or industrial complex developed as a single entity by one person,which complex contains more than one structure on a lot, not including accessory structures. PLANNED RESIDENTIAL DEVELOPMENT.A lot on which all the following conditions apply: A. The lot has more than one structure on it which is used for residential purposes. B. The lot is planned and developed as an integral unit in a single development operation according to the requirements of Chapter 1264. PLOT PLAN.A diagram depicting the existing and proposed structures, lot lines, setbacks, parking areas and the location of any known wells. PORCH.See "FRONTAGE TYPE". PREMANUFACTURED UNIT.An assembly of materials or products intended to comprise all or part of a building or structure, 0 and that is assembled at other than the final location of the unit of the building or structure by a repetitive process under circumstances intended to ensure uniformity of quality and material content. PRIMARY FACADE. See "FACADE, PRIMARY". PRIMARY FRONTAGE. See "FRONTAGE, PRIMARY". PRINCIPAL USE.The primary, major, main, leading, outstanding or chief use which a lot serves or is intended to serve. PROBATE."Probate" means the period of probate, as defined in Public Act 642 of 1978, as amended, being M.C.L.A. 700.1 et seq. PRODUCTION FACILITIES. Production facilities for the production of consumer goods such as food, beverages, art, clothing, textiles, etc. and have a minimum of 20% floor area dedicated to retail sales. PUBLIC UTILITY. Electric light and power companies,whether private, public, corporate or cooperative; gas companies;water, 40-14 City of Lansing Zoning Ordinance Back telephone,telegraph, oil,gas and pipeline companies; motor carriers; and all public transportation and communication agencies other than railroads and railroad companies. 1 REAL PROPERTY is a lot, plot or parcel of land recorded and located in the City of Lansing. N RECOGNIZED BENEFIT.The provision of certain elements or improvements that are desired by the City, as either expressed in the s Comprehensive Plan or as stated in the zoning ordinance, or that go beyond the minimum requirements. RECONSTRUCTION.The act of rebuilding a structure to meet the standards of the Building Code or Housing Code. RECREATIONAL FACILITY.A structure or open space which provides activities, including, but not limited to, swimming, racquet sports, N exercise and fitness rooms or areas and gymnasiums. REPAIR.To restore to a sound or good state after decay, injury, dilapidation or partial destruction. a RESIDENTIAL USE.A use of a lot as a single-family,two-family or multifamily residence, boarding or lodging house or residential care facility, and accessory uses thereto. RESTAURANTS:An establishment serving foods and/or beverages to a customer in a ready-to-consume state. The method of operation may be characteristic of a carry-out, drive-in, drive-through, fast food, standard restaurant, or lounge/tavern, or combination thereof, as defined below: (a) Restaurants with Outdoor Seating. A use that involves the sale or delivery of any prepared food or beverage for consumption in a defined area on premises but outside of the building in which it is prepared. Examples of defined areas include an external deck, patio, mall, garden, balcony or sidewalk. (b) Carry-Out Restaurant. A use that involves the sale of food, beverages, and/or desserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption mainly off the premises. A carry out restaurant differs from a drive through restaurant in that a customer must park and walk up to the restaurant or an employee must exit the restaurant and deliver the food to a customer in a parked car. (c) Drive-In Restaurant. A use that involves delivery of prepared food so as to allow its consumption within a motor vehicle while parked on the premise. (d) Drive-Through Restaurant. 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. (e) Standard Restaurant. A standard restaurant is a use that involves either of the following: (I) The delivery of prepared food by waiters and waitresses to customers seated at tables within a completely enclosed building. (2) The prepared food is acquired by customers at a cafeteria line and is subsequently consumed by the customers within a completely enclosed building. f. Bar/lounge/Tavern. A bar, lounge or tavern is a type of restaurant that is operated primarily for the dispensing of alcoholic beverages. The preparation and sale of food or snacks to customers may be permitted. RESTORATION.To put back into original or historic condition. RESUMPTION.To begin the use of a nonconformity after it has been previously discontinued from use. RETAIL STORE.An establishment which primarily serves the surrounding neighborhood and includes, but is not limited to, the following: limited service food store, drug store, hardware store, laundry or cleaners pickup,jewelry store,florist,gift shop, book store, clothing store, photographer, and bakery whose products are sold only on the premises. SALVAGE YARD.A lot where any product, including, but not limited to, any of the following, is taken apart in such a way that the usable parts are separated from the nonusable: motor vehicles, machinery, appliances,fixtures, goods, and merchandise. SETBACK:The minimum horizontal distance measured from the lot line, as required under this ordinance, for the front, side, or City of Lansing Zoning Ordinance 40-15 Back Article TO.C. Defin. Map Uses rear property line as appropriate. SHARED PARKING.A parking facility that serves two or more parcels of land or multiple uses under different ownership.A recorded shared parking n front yard 'rear yard! o agreement is generally used. SHOPPING CENTER.A grouping of two (2) or more business establishments required required :.� front yard rear yard! a� (min.setback) (m in,! e developed in accordance to an overall plan and designed and built as an setback)! interrelated project. Buildings constructed on outlots shall not be considered - - - - i H part of the shopping center unless access and parking easements are side yard requireside yard(min.setback) ! _._._.._.._._.. .._.._.._.._.._.._.._.................... provided. .—i a Setback SITE PLAN.A plan that conforms to the requirements contained in Chapter 1260. STABLE.A structure used to keep horses for commercial purposes. STOOP. See "FRONTAGE TYPES". STORAGE.The holding or safekeeping of goods to await the happening of some future event or contingency which will call for the removal of the goods. STOREFRONT. See"FRONTAGE TYPES". STREET.A a public thoroughfare, avenue, road, highway, boulevard, parkway,way, drive, lane or court which affords the principal means of access to abutting property. STREET, PRIVATE.A street which is not public. STREET TYPE.A classification or typologies for streets that considers the characteristics of vehicle travel (speed and volume),the streets function in the transportation network (types of travel accommodated:through traffic, cross-town, connections to highways or local),the extent of pedestrian and bicycle accommodation,typical types of land uses served,the design context (block length, building setbacks), and access system design. In many cases, a streets classification may change as it traverses different zoning districts. The following street types are illustrated on the official Street Typology Map: (a) Expressway: Restricted access divided Interstate and U.S. highways for motor vehicle use only that are typically under the jurisdiction of the State of Michigan or the Federal Highway Administration. (b) Non-Local Streets: (1) Activity Corridor:An arterial or major street that traverses an area that typically is designed to promote a multi-modal balance between vehicle, pedestrian and bicycle travel. Such streets may have more frequent traffic signals, a higher level of service of public transit, on-street parking, and more abundant locations for pedestrian crossings to encourage activity along the sidewalks. (2) Prime Connector: Major collector streets that link higher class streets with local streets. Prime Connector typically traverse residential districts and are designed for moderate traffic speeds and volumes, often with special design features to bicyclists.09 (3) Suburban Corridor:A class of arterial or Major Streets that are similar in traffic function as Arterial Corridors, but typically are lined with more suburban style auto-oriented development with lower density and deeper setbacks. (4) Arterial Corridor: Major Streets that, compared to most other types of streets, are designed accommodate higher volumes 0 of vehicle traffic and often are"cross town" routes that are, or may connect with,state trunklines or roads in adjacent communities. May also be referred to as Principal or Major Arterials. (1) Neighborhood Connector: Minor residential collector streets that link local streets with higher classes of streets. • Neighborhood Connectors are designed for lower traffic volumes and speeds to complement the character of the neighborhoods served. Dedicated bike facilities may be provided. 40-16 City of Lansing Zoning Ordinance Back Article TC?,C. Defin. Map I Uses (c) Local Street: Lowest traffic streets providing access to residents. Lanes are typically unmarked with on-street parking and stop-controlled intersections. 0 STRUCTURAL ALTERATION.Any change in the supporting members of a building,such as bearing walls, columns, beams or girders, or any substantial changes in the roof and exterior walls. o STRUCTURE.That which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. c STRUCTURE, MINOR.A structure having a replacement cost of not more than $5,000.00. M 0 STRUCTURE,TEMPORARY.A structure which is located on a lot for less than one year, or, if the structure is connected with a construction activity on a lot, until the construction activity is completed. a SUBSTITUTION.To put in place of another. TAVERN. See "RESTAURANT: BAR/TAVERN" TEMPORARY USE.Any use that is not permitted as a principal use, accessory use or a conditional use in a zoning district, and which is limited in its duration. TOWNHOUSE.A group of dwellings having party walls with each other and located side by side. TRAILER.A vehicle standing on wheels or rigid supports which is used for temporary living or sleeping purposes."Trailer" includes a recreational vehicle. UPPER FLOOR STEPBACKS. For the elevation adjacent to a residential district, (R-I through R-6) the floors above the second story shall be Total height — tiered-back so that the highest point of the building is setback from stepped-back distance the adjacent residential district a distance at least equal to the height of the building. USE. (a) Any purpose for which a structure or lot may be designed, Residential District arranged, intended, maintained or occupied; or Upper Floor Stepback (b) Any activity, occupation, business or operation carried on in a structure or on a lot. VERTICAL MIXED-USE. See"MIXED-USE,VERTICAL". YARD.A space on a lot with a structure,which space is unobstructed and unoccupied from the ground upward, except as occupied or obstructed as permitted in this Zoning Code. Front, rear and side yards are illustrated in Appendix III following the text of this Zoning Code. `."o "e Re H' �.. .. (a) "Front yard" means a yard extending across the full width of sideyard a lot between the front lot line of the structure containing the principal use and the front lot line. „ frontyard rearyard "Rear Rear yard means a yard extending the full width of a lot i between the rearmost structure containing the principal use and the rear lot line, the depth of which is the least distance between I ! the rear lot line and the rear of the structure containing the side yard ! principal use. (c) "Side yard" means a space within a lot between a side lot line Yards . and a structure containing the principal use or an attached accessory structure,whichever is closer to the side lot line.A City of Lansing Zoning Ordinance 40-17 Back Article 'f.CJ.C. 1?efin. Map U5e5 side yard extends on each side of a lot from the front lot line to the rear lot line of the lot. ZONING VARIANCE.A modification of the strict letter of this Toning Code granted by the Board of Zoning Appeals when, by reason of exceptional conditions, the strict application of this Zoning Code results in peculiar, exceptional or practical difficulties or o unnecessary hardship to the owner of the lot. 0 d N L 1 109 0 40-1 8 City of Lansing Zoning Ordinance ram--1 — Back TO.C. cefin. Maur Uses: Chapter Districts Generallyand ZoningMap DRAFT AUGUST 2017 City of Lansing Zoning Ordinance Back Article Tt7.C. Defin. Map t 1242.01 Establishment of districts The City is hereby divided into the following zoned districts: >z (a) Commercial/Mixed-Use Zones 0.0 S-C Suburban Commercial 0 MX-C Mixed Use Urban Corridor a:- MX-I Mixed Use Neighborhood Center MX-2 Mixed Use Community Center MX-3 Mixed Use District Center H DT-I Urban Edge c DT-2 Urban Flex DT-3 Downtown Core (b) Residential Zones R-I Suburban Residential R-2 Suburban Residential R-3 Suburban Residential R-4 Urban Edge Residential R-5 Urban Edge Residential R-6A Urban Residential R-613 Urban Residential MFR Multi-family Campus Residential R-MX Mixed Residential R-AR Adaptive Reuse Residential (c) Special District Zones IND-1 Suburban Industrial IND-2 General Industrial IND-3 Urban Industrial INST-I Suburban Institutional 109 INST-2 Urban Institutional 1242.02 Official zoning map (a) The boundaries of the districts described in Section 1242.01 are established as shown upon the official Zoning Map of the City,which Map is incorporated by reference and made a part of this Zoning Code as if fully set out herein. (b) The official Zoning Map shall be kept on file in the office of the Planning Office. (c) Whenever a district boundary is amended pursuant to Chapter 1276, the Planning Office shall,within 30 days, make the correlative change in the official Zoning Map so as to reflect the change of the district boundary. (d) If a territory is annexed to the City, or comes under City jurisdiction for zoning purposes under 1984 PA 425, a map of 42-2 City of Lansing Zoning Ordinance Back Article TCD,C. Defin. Map Uses the annexed or 1984 PA 425 territory shall be prepared by the Planning Office and shall be included as part of the official Zoning Map. 0 (e) If a street, alley or public way is vacated, it shall take the zoning of the land to which it is attached, pursuant to Section 227a of Public Act 288 of 1967, as amended, being M.C.L.A. 560.227a. (f) A conformed copy of the official Zoning Map shall be made available by the Planning Office to a person requesting a copy, if the person pays a fee set by Council,which fee covers costs involved in preparing the copy. ,r M 1242.03 Street Typologies The Design Lansing Comprehensive Plan identified a hierarchy of street typologies that are codified in this ordinance and shown on the official Street Typology Map (in order from most active street type to least active): (a) Non-Local Streets: 0 (1) Activity Corridor (2) Prime Connector (3) Suburban Corridor (4) Arterial Corridor (5) Neighborhood Connector (b) Local Street The Design Lansing Street Typologies map shall be used in conjunction with the zoning map to regulate street design and frontage character. 1242.04 Interpretation of District Boundaries Where uncertainty exists with respect to the boundaries of any of the districts established in this Ordinance as shown on the zoning map, the following rules shall be applied: (a) Centerline or Right-of-way of Streets. Where district boundaries are indicated as approximately following the center lines of street or highway rights-of-way,street lines, or highway right-of-way lines,such center lines, street lines, or highway right-of- way lines shall be construed to be such boundaries. (b) Parallel to Streets. Where district boundaries are so indicated that they are approximately parallel to the center lines of streets or rail rights-of-way, such district boundaries shall be construed as being parallel thereto and at such distances there from as indicated on the zoning map. If no such distance is given, such dimension shall be determined by the use of the scale shown on the zoning map.The Official Zoning Map maintained by the City shall be used to determine such dimensions in the case of any multiple interpretations. (c) Lot Lines. Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be such boundaries. (d) Waterways. Where the boundary of a district follows, or terminates at, a stream, lake, or other body of water, the boundary line shall be deemed to be at the center line of such feature, or terminated at the limit of the adjacent jurisdiction unless otherwise indicated. (e) Subdivisions. Where the boundary of a district follows a subdivision boundary line, such boundary line shall be construed to be the district boundary line. (f) Determination. The Board of Zoning Appeals shall make a determination, upon written application or upon its own motion, City of Lansing Zoning Ordinance 42-3 Back Article T.t7.C. 17�-efi�n. tap U,eS in those situations where un-zoned property may exist, or where, due to the scale, lack of detail, or illegibility of the zoning map there is any uncertainty, contradiction or conflict as to the intended location of any district boundaries shown thereon or interpretation concerning the exact location of district boundary lines. ,z 0-0 0 N _ (Cf a:- f� 109 0 i CJ _ CJ H C 42-4 City of Lansing Zoning Ordinance Chapter Commercial Mixed-Use Districts DRAFT OCTOBER 2017 City of Lansing Zoning Ordinance Back Article TO.C. Defin. Map Uses 1243.01 Applicability (1) Incentives 4 A B c D � See above for details (a) The standards of this chapter shall apply to all proposed development within the zoning districts contained herein, J �, and shall be considered in combination with the standards (2) Recognized Benefit J o in CHAPTER 1246 — BUILDING TYPES and other applicable See below for details a chapters of this zoning ordinance. If there is a conflict �, o s Lt. J � between any standards,the stricter standards shall apply. W m L o (b) Exempt Expansions. Changes of use to another permitted v' use or to increase parking to meet the minimum number p Open Space X X E of spaces required, building maintenance or faSade B Low Impact Development X X changes that do not alter the building footprint or C Mixed-Use X require site improvements, shall be permitted according D Green Building X X X to CHAPTER 1260 — SITE PLAN REVIEW, provided that E Additional Landscape Elements X X standards of other applicable city codes and ordinances F Pedestrian Amenities X X are met. G Shared Access X X 1243.02 Administration H Shared Parking X (2) Recognized Benefits. Additional building height or (a) Site Plan Review. Applications shall be reviewed according flexibility may be granted during the project review to CHAPTER 1260 — SITE PLAN REVIEW. when one or more of the following recognized (b) Incentives. benefits are provided: (1) Types of Incentives. To promote redevelopment and A. Open Space. Inclusion of 5% open space stimulate reinvestment in the City, the Planning above what may be required for the building Office may grant additional flexibility or development type. Open space must meet the following options where one or more of the Recognized standards to be counted toward the minimum Benefits, listed below, are provided. The following requirement: incentives may be granted: 1. Open space may be public or private but A. Dimensional Flexibility. Flexibility may be must be accessible to the public along granted of the minimum lot coverage, building with employees or residents or visitors. frontage, or setbacks provided the resulting 2. Dimensions,grading and design of the layout will not negatively impact nearby open space shall provide useable area residences. for seating,gathering, recreation or other B. Additional Building Height.The maximum activities. building height may be increased by one 3. Required open space shall not include additional story. wetlands, required setbacks, required 109 C. Reduced Minimum Parking. Reduced parking may landscape areas,water bodies, easements be allowed consistent with Section 1254.01.04. for private roads or overhead utilities, D. Flexibility for Stormwater/Utility Calculations. stormwater control facilities as required Where endorsed by the City's Public Service by Chapter 1219,floodplain area or public Department, reduced user and benefit fees may right-of-way, provided that where additional be granted. public right-of-way is desired by the city, it may be included. 43-2 City of Lansing Toning Ordinance Back Article TC?,C. Defin. lulap Uses 4. Required open space shall be functional G. Shared Access. Removal of a driveway or use of (not isolated remnant parcels) and shared driveway for access from public streets. provided to supplement public space along This may require an access easement approved a sidewalk, provide pedestrian or greenway by the city attorney. connections, pocket parks to serve nearby H.Shared Public Parking.See Section 1254.01.04 H uses, located and designed to terminate Factors to Permit a Reduction from the Amount o views along streets, or otherwise provide of Parking Required an amenity that would not be provided X in a project that just met minimum code (c) Allowed Flexibility. It is recognized that certain existing requirements site conditions may prohibit full compliance with this Section.The Director of Planning and Neighborhood B. Low Impact Development (LID, e.g.green Development, upon recommendation of the Zoning o roof, on-site stormwater retention). Use of Administrator, is authorized to approve modifications alternative stormwater management design to the standards of this Section, after considering the that may include green roofs, natural retention criteria and standards below.Any request for relief from systems, porous pavement alternatives, or other a required standard other than those listed below shall energy or water conserving applications above be made through the variance procedures set forth in and beyond the requirements of Chapter 1219 - Chapter 1274 — Board of Zoning Appeals. Post-Construction Stormwater Management. (I) Criteria for Modification C. Provision for Mixed-Use. Proposals that include i A. Demonstration by the applicant that there is a a mix of different but compatible use types within the same building, such as first-floor unique situation with the property that makes retail with offices or residential units on upper it impractical to fully comply with the standards floors. herein. D. Green Buildings. Significant use of sustainable B. The proposed development is consistent with the building and site design features such as: Design Lansing Comprehensive Plan, as amended. water use reduction,water efficient landscaping, C. The proposed development is consistent with the innovative wastewater technologies, low impact Intent of this District. stormwater management, optimize energy D. The proposed modification will not prevent performance, on-site renewable energy,solar or complicate logical extensions of streets, heating, reuse/recycled/renewable materials, infrastructure, parking, open space, or indoor air quality or other sustainable elements. development of adjacent properties. E. Additional Landscape Elements. Exceeding E. The modification is the minimum necessary to minimum quantities or sizes required in allow reasonable development that is consistent CHAPTER 1252 — LANDSCAPING. Or additional with the intent of the Zoning Ordinance and plantings or decorative fence or wall where the Design Lansing Comprehensive Plan. needed to help reduce impacts on neighboring properties. Native species, larger caliper F. The proposed development will not impair public safety. plantings, F. Pedestrian Amenities. Provision of public G. The modification is not simply for convenience plazas,walkways or pedestrian-oriented features, of the development. such as street trees or benches beyond those H. The design will not be detrimental to adjacent required or enhancements to a transit stop, residential uses. such as a shelter, large pad size or similar (2) Modification Standards improvements endorsed by CATA. ' A. Height City of Lansing Zoning Ordinance 43-3 Back r Article T.U.C. Defin. Map Uses I. Minimum and maximum height - up to ten 4. Entrances (maximum average spacing) — up percent for any cumulative increase or to ten percent increase in spacing. decrease in building height. (d) Conditions and Phasing. Where deemed necessary,the 2. Clear height — up to ten percent. Zoning Administrator, or Planning Board and Council for .i c B. Building Placement special uses, as applicable, may: I. Build-to line — up to one foot. (1) Require a phasing plan that explains how new -a development and infrastructure, meeting the 2. Frontage — reduction of up to ten percent of requirements of this section,will be constructed, required length. and elements of the site not in compliance will be 3. Street wall requirements — up to ten percent phased out over time. This may require temporary of the height/ fenestration/access gate or permanent easements or commitments through a requirements. written agreement and performance guarantee. d. Upper floor step-backs — up to ten percent. (e) Agreement. The City may require a written agreement e. Street wall/fence/screening requirements — up if flexibility is granted through incentive or to ensure to ten percent. compliance with conditions of approval.An agreement with the City shall be prepared in a form acceptable C.Architectural Regulations (per Chapter 1246) to the City Attorney that specifies the required I.Windows (minimum and maximum fenestration improvements, commitments and obligations of the percentage) — up to ten percent. development. The agreement shall specify any recognized 2. Projections (stoops, porches, awnings, balconies) benefits provided by the developer,flexibility granted — up to ten percent. by the City, and maintenance provisions for all site 3 Required open space — up to ten percent. improvement. 1243.03 Commercial Mixed-Use Permitted Uses In the Commercial Mixed-Use Districts, the following principal uses are permitted. Permitted uses shall be subject to site plan review. Conditional uses shall adhere to the Conditions noted in the Section referenced. Special Land Uses may be permitted by Council in accordance with the procedures and conditions described in CHAPTER 1262 — SPECIAL LAND USE PERMITS if the conditions described in this section for each use are met, and if all Federal,State and local laws are met. Permitted and approved uses may be mixed both horizontally and vertically, subject to conditions and regulations in the district sections that follow. P = Principal Permitted Use C = Conditional Use Conditions S = Special Land Use 00 . Single family detached dwelling P Two-family dwelling P Multiple-family dwelling P P C C C P P P For MX-I,MX-2,MX-3,ground floor multiple-family dwelling not permitted on Arterial Corridor,Suburban Corridor,and Activity Corridor street types HUMAN (ARE FACILITIES Adult day care facility P P Adult foster care small group home (12 P P 0 or fewer adults) 43-4 City of Lansing Zoning Ordinance Back Article ' TC},C. l7 lulap Uses P = Principal Permitted Use C = Conditional Use — _ _ Conditions S = Special Land Use N Adult foster care large group home (13 S S v to 20 adults) H 'c Child care centers,preschools and C C C C C C C At least one property line abutting an arterial,suburban or activity a, commercial day care corridor I.The facility provides and maintains on the lot not less than 900 X_ square feet of outdoor play space. 2.The use of the structure as a group day care home shall be clearly incidental to the principal residential use. E 3.One person,other than a member of the family residing in the �o Group day care home (1 to 12 children dwelling,may be employed,so long as that person is not the primary less than 24 hours per day) C C C C C C C caregiver. 4.No change occurs in the outside appearance of the dwelling. 5.No signs are permitted. 6.The outdoor play space shall be fenced.This requirement can be waived by approval of the Planning Office if the specified outdoor area is common open space shared with other dwelling units. INSTITUTIONAL Places of Assembly S S S S S S S S Hospital C C C C C C C C At least one property line abutting an arterial,suburban or activity corridor Museum P P P Library P P P I P I P I P P I P Park,open space,plaza (public or P P P P P P P P private) Schools C C C C All education facilities,except elementary or middle schools,must have at least one property line abutting and all points of ingress/egress directly Trade school C C C C C C C C to an arterial,suburban or activity corridor 1 � 1 Retail sales and services C C C C C C C Permitted on non-local streets Permitted on local street only within 50'of a non-local street Permitted on non-local streets Restaurant,bar,tavern C C C C C C C Permitted on local street only within 50'of a non-local street Professional and business offices (e.g. P P P P P P P P doctor,lawyer,architect) Animal hospital C C C C C C C C No kennels Bank P P P P P P P P Permitted on non-local streets Brewpub C C C C C C C Permitted on local street only within 50'of a non-local street Cemetery S Clinic C C C C C C C C At least one property line abutting and all points of ingress/egress directly to an arterial,suburban or activity corridor City of Lansing Zoning Ordinance 43-5 Back Article T.U.C. Defin. Map Uses P = Principal Permitted Use C = Conditional Use q Conditions S = Special Land Use Vf c I.Assembly area for funeral procession shall be provided in addition to off-street parking requirements Funeral home C C C C C C C 2.At least one property line abutting and all points of ingress/egress directly to an arterial,suburban or activity corridor i E Hotel P P F, P P P E I.Structures must be setback at least 50 feet from each adjacent residential lot line 2.Lot size of at least 3 acres for a kennel having an outside exercise Kennel C C C C C C run or treatment area 3.Outside exercise run or treatment area must be located at least 100 feet from all lots lines and at least 400 feet from an adjacent residential lot line Laundromat or coin-operated dry cleaner P P P Mini-golf P I The building shall meet the district placement standards. 2.For a building located on a corner lot,the secondary front facade may occupy no less than 50% of the frontage.The remainder of the frontage not occupied by the building shall be screened per the parking standards of the district. 3.The fueling pumps shall be located a minimum of 20 feet behind the Motor vehicle service station C C C C S C build-to line. 4.The canopy over the fueling pumps shall have a roof with the same slope as the principal building.Canopy clearance should not exceed 14' from the ground to the bottom of the canopy. Maximum canopy height is limited to 20'. 5.No more than one curb cut shall be provided per street.Corner lots may have one curb cut on each frontage.A secondary access drive is permitted for shared access with adjacent parcels. I.The lot on which the nursery or commercial greenhouse is located contains not less than three (3) acres. 2.The lot on which the nursery or commercial greenhouse is located has not less than one property line which abuts and has primary access to a Nursery and commercial greenhouse C C P major or minor arterial. 109 3. The outdoor storage of landscape materials,other than plants,shall be screened from view of all public right-of-ways and residential parcels of land by a six (6) foot high opaque wood or vinyl fence,decorative screen 0 wall or landscaped berm. 43-6 City of Lansing Toning Ordinance Back Article TU,C. L7efin. Map Uses P = Principal Permitted Use C = Conditional Use _ _ Conditions S = Special Land Use 0 N I.Parking structures are encouraged to be lined on exterior elevations by 'i non-parking uses. H 'c 2.On Activity Corridors,the first floor shall have a minimum depth of 20 feet to be occupied by commercial uses permitted in the district. 3.Access drives shall be permitted on the ground level,provided they are X collectively no more than 25% of the frontage. Parking Structure C C C C C C 4.The facade of the parking structure shall be integrally designed with the architecture of the overall building,utilize the same building E materials,provide an architectural treatment at the top of the structure, �o such as a cornice,and have wall openings with proportions that comply with the fenestration requirements in Section 1246.04 5.New parking structures shall be designed with a upper story minimum clear height of 9'. Studio,such as dance,health,music or P P P P P P P P other similar place of instruction I.The area of the lot on which the items described in this subsection are located shall be covered with Portland cement or asphaltic concrete. 2.Each point of vehicular ingress and egress to the lot shall be not less than sixty feet from the intersection of any two streets. 3.Any repair or refinishing which is done on the lot shall be done within the confines of an enclosed structure. Vehicle sales,vehicle leasing,and other S S S S S S 4.Lighting shall be confined within and directed onto the parking area outdoor sales facility only. 5.The portion of the lot on which the items described in this subsection are located shall have a buffer zone of at least eight (8) feet from all lot lines adjacent to the public right-of-way,excluding approved driveways, and any residentially zoned property.The buffer zone shall be landscaped, screened and buffered in accordance with the requirements of Section 1252.09 Research laboratory S S S S S S P I.The drive-thru window shall be on the side or rear of the building.The side of the building with the drive-thru lane shall be setback a minimum of twenty five (25) feet from any lot line. 2.The site will be adjacent to a Suburban Corridor,Arterial Corridor,or Prime Connector,and all points of ingress and egress will be directly onto said street type. Drive-thru as an accessory use C S S S 3.Adequate waiting or standing areas for vehicles shall be provided on-site so that no vehicle is required to wait,stand,or be stored within a right-of-way,in accordance with the parking requirements of Chapter 1254. 4.Methods to minimize the impact of noise from outdoor speakers on adjacent residential are required. Accessory uses customarily incidental to any of the above principal uses are allowed provided the Zoning Administrator may require additional parking or compliance with other standards upon a determination that such use may impact site operations beyond that of the Principal Use. 4D City of Lansing Zoning Ordinance 43-7 7� T B�tk Artie' 7.O.C. � 17efin. Map U5e5 0 Illustrative example of the intent of this district ;_ E s = -C - .v i 1243.04 S-C Suburban Commercial Architectural regulations and Building Types are further described in CHAPTER 1246 — BUILDING TYPES. 1243.04.01 S-C INTENT S-C STREET TYPE The purpose and intent of the S-C district is to provide a location for suburban style commercial developments that rely largely on customers arriving by vehicle. Development is o 0 characterized by larger single-tenant or strip style commercial o o 0 development with ample parking and setbacks from adjacent o o z o roads. Development in this district is less integrated with others, a m o 0 so screening, setbacks and transitions from residential districts SUGGESTED mQV are needed to ensure uses blend into the surroundings. However, BUILDING TYPE Q a Z o a mixture of uses both vertically and horizontally is still Attached Residential X X X X X encouraged, including multi-family residential, commercial, and Urban Mixed-Use X X X X 109 service-oriented land uses. Parking Structure X X X X Suburban Commercial X X X 1243.04.02 S-C BUILDING TYPES The following building types are suggested to meet the intent of this district. The table at right shows which building types are suggested along the various street types in this district. 43-8 City of Lansing Zoning Ordinance Back Arti a TC?,C. t]efin. lutep Suburban Office Research X X X Gas & Service Stations X X X X 1243.04.03 S-C SITE LAYOUT REQUIREMENTSoy ;; a= BUILDING - Minimum Height 16' 1 story Maximum Height 40' 3 stories O 41 See Section 1250.03.02 for height exceptions PRIM1IARY SIRLE� 1 For the elevation adjacent to a ® residential district,the floors above Required Upper floor the second story shall be tiered- Step-Backs back so that the highest point e d of the building is setback from when adjacent to R I the adjacent residential district a through R-6 districts distance at least equal to the height of the building. ; V Minimum Frontage, 0% Primary Street o ® Minimum Frontage, 0% 0 Secondary Street 1 i BUILDING PLACEMENT ! i 8'minimum width required on all O `' Sidewalks non-local street types. 5'minimum ; width required on local streets. 11 Suburban Corridor 30'build-to line from curb. An a .r Y additional 10-20'may be allowed Build-to line (with approval) for outdoor public M- ---'CURBEPGE PHIMAR''5T4tW Activity space. (from street Corridor curb) An additional 70'of setback for a double-loaded aisle of parking or 50'setback for a single-loaded aisle Prime of parking is permitted. Connector ® Minimum Side Setback 0'when adjacent to another S-C zone;otherwise 10' ® Minimum Rear Setback 10'building Width equal to rear setback of Minimum Setback from adjacent residential district ® Adjacent Residential 6'opaque screenwall / fencing Districts required along edge of residentially zoned or used property. City of Lansing Zoning Ordinance 43-9 1-r Beck Artie a T.O.[. ❑efin. flapESSEN Uses ®Maximum Lot Coverage 1 Y{, � R F, 1 See Section 1250.04.01 for placement of accessory buildings. E (c) PARKING �c Front,side or rear yards;max.Front ' _ Allowed Surface Parking yard parking limited to one double- ' Locations loaded bay of parking. i ® Side and Rear Parking `" Lot Setback / Screening 8'landscape buffer. y ® Front Parking Lot 8'landscape buffer which may be �- PalrnaRvsrReeT N reduced to 5'with a 3'masonry o Setback / Screening knee wall at Build-to Line. a Parking per Chapter 1254 Required Parking Spaces Section 1254.01.04 for parking E reductions 0 v Loading Bays Not permitted in front yard Trucl( turning templates and See Section 1254.01.17 access to loading must be delineated on site plan See also CHAPTER 1250 GENERAL PROVISIONS. riftk 109 0 43-10 City of Lansing Zoning Ordinance B�[k Artie e TC?,C. Defin. rutap' Uses 1243.05 MX-C Mixed Use Urban Corridor Illustrative example of the intent of this district I 0 Qj _ _ V a� ►y � t N Y \ Q I� -o x V Ci CC C O V 1243.05.01 MX-C INTENT The purpose and intent of the MX-C Mixed Use Urban Corridor district is to provide for a vertical and horizontal mix of uses, typically with retail or commercial space on the ground floor and office or residential uses on upper floors. Development is characterized by buildings located closer to the street to promote walking and biking, and to create a character that is more"place" based than auto-oriented. However, in recognition of the Arterial and Suburban corridors that dominate the STREET TYPE district frontages, this district is likely to contain some single- use buildings, so some variation in development is expected. W Z d Z 1243.05.02 MX-C BUILDING TYPES o o Q o � o OC Q d W Q The following building types are suggested to meet the intent o Z o of this district. The table at right shows which building types SUGGESTED W are suggested along the various street types in this district. BUILDING TYPE a a a Z o Architectural regulations and Building Types are further Attached Residential X X X X X X described in CHAPTER 1246 — BUILDING TYPES. Urban Mixed-use X X X X X Suburban Commercial X X X - Gas & Service Stations X X X X Parking Structure X X X - - - City of Lansing Zoning Ordinance 43-1 1 Bask Article T.CS.C. �efin, Map. 1243.05.03 MX-C SITE LAYOUT REQUIREMENTS BUILDING Minimum Height 25' I story 0 Maximum Height 60' 5 stories - See Section 1250.03.01 for height exceptions For the elevation adjacent p p No x to a residential district, 0 �� Q the floors above the p second story shall be ® Required Upper floor Step-Backs tiered-back so that the Q highest point of the 'RIMARYsT EET when adjacent to R-I through building is setback from R 6 districts the adjacent residential H_ a district a distance at least equal to the height —b of the building. d ®i Minimum Frontage, Primary Street 75% ® Minimum Frontage,Secondary o ; 25/o Street f •~" •�F = (b) BUILDING PLACEMENT 8'minimum width required on all non-local Sidewalks street types. 5'minimum width required on local streets. r . 0 Front property line or 15'from street curb,whichever is greater. Planning Office may approve a seback equal to the average setback of 50% of the buildings to be retained $¢ ® within the blockface. The applicant shall provide a map with those measurements. CURBEDGE Build-to �R1�nPrvstuEE, line Suburban Corridor An additional 50'setback for a single-loaded Arterial aisle of parking is permitted. Corridor ® Minimum Side Setback o' ® Minimum Rear Setback 10'building ® Minimum Setback from Adjacent R-I through 25' R-6 districts ® Maximum Lot Coverage 80% See Section 1250.04.01 for placement of accessory buildings. 43-12 City of Lansing Toning Ordinance Back Arfide i.:. Uarir, ` +,p ; ' ��T—yj_`y `iiiirr'r•rr Municipal Parking On Street Parking �t`� r ral.r�,•.rienrr.....elir.enienu`e'r'r Allowed Surface Parking On-site:Side or rear yard Locations One bay of front yard only on Suburban o and Arterial Corridors �--' c 8'landscape buffer. Rear OR Side setback ®Side and Rear Parking may be reduced to 5'with 6'opaque Lot Setback / Screening fence or screen wall when adjacent to R-1 ! through R-6 districts _ x ® 8'landscape buffer which may be reduced Front Parking Lot z v to S'with a 3'masonry knee wall at ° x< Setback / Screening Build-to Line. , PRfMRRYSTREFT H V Y No parking required if adequate on-street c and municipal parking is available a, Required Parking Spaces a x_ Section 1254.01.04 for parking reductions V i N Parking Incentives / Shared parking,cross-access,driveway E E Bonuses removal CDSee also CHAPTER 1250 GENERAL PROVISIONS. City of Lansing Zoning Ordinance 43-13 77 Back Article TO.C. Defin. Irtap U5e5 1243.06 MP Mixed-Use Neighborhood Center Illustrative example of the intent of this district a _ I 7 1 - t i x N V N_ 0 d X \ c� V 5_ Cd GC G O V 1243.06.01 MX-I INTENT STREET TYPE The purpose and intent of the MX-I district is to provide for o a vertical and horizontal mix of uses, typically with retail or commercial space on the ground floor and office or residential W uses on upper floors. Development is characterized buildings located closer to the street to promote walking and biking, and o s o o z o J Q to create a character that is more"place" based than auto- m Q m CD J oriented. Development in this district needs to be appropriately W CC = H CC W Q scaled to adjacent residential areas. Multiplex X X X X X 1243.06.02 MX-I BUILDING TYPES Townhouse X X X Flats / Lofts X X X The following building types are suggested to meet the intent Storefront Mixed-Use X X X X X - 109 of this district. The table at right shows which building types Urban Office - - - X X X are suggested along the various street types in this district. Gas & Service Stations X X - X X - Architectural regulations and Building Types are further described 0 in CHAPTER 1246 — BUILDING TYPES. 4a 43-14 City of Lansing Toning Ordinance Back Arricle Tt7,C. Defin. lutap 1243.06.03 MX-I SITE LAYOUT REQUIREMENTS (a) BUILDING MASSING Minimum Height 25' I story Maximum Height 40' 3 stories ] '•r-._ See Section 1250.03.02 for height exceptions For the elevation , eo adjacent to a , z residential district, the floors above the shall be uR,M ® Required Upper floor Step-Backs second story tiered-back so that O 4 � - when adjacent to R-I through R-6 the highest point of districts the building is setback from the adjacent residential district a distance at least equal c to the height of the See also CHAPTER 1250 GENERAL PROVISIONS. d building. ®i Minimum Frontage, Primary Street 75% aJ Arterial Corridor Primary entrance E must face frontage, E unless site also fronts v Prime Connector or Neighborhood ® Entrances Suburban Corridor Connector Prime Connector At least one entrance must face primary Neighborhood Connector frontage. Minimum Frontage,Secondary Street 25% When site is a corner lot,the primary and secondary frontages at the corner must be Required Corner Massing occupied by building elevations for the first 20 feet of each frontage from the corner. City of Lansing Zoning Ordinance 43-15 Back Attica efin, Map. Uses I BUILDING 8'minimum width required on all non- J 7-1.— -/-- Y ® Sidewalks local street types. 5'minimum width r r vrequired on local streets oFront property line or 15'from street r � 17 rJ curb,whichever is greater. Planning ao Office may approve a setback equal i z ® Build-to line to the average setback of 50% of the ! a, buildings to be retained within the ! - blockface. The applicant shall provide a i -a map with those measurements. ., � � n Lq V. ® Minimum Side Setback 0' T CUR13EDGE .. ® Minimum Rear Setback 10'building P"'MARYgrREEr H Minimum Setback from o Adjacent R-I through 25' R-6 districts ® Maximum Lot Coverage 85% V i d 1 1= vArterial Side or rear yards with one row in front See Section 1150.04.01 for placement of ® Allowed yard accessory buildings. Surface Suburban Front,side and rear yards Parking Prime Connector On-street and rear yard Locations Neighborhood Side or rear yards Connector Iy �rrrarru+�irgi„�..''•r,.w.rrr,►.,rt�• ... ®Side and Rear Parking L7�' �',�' j � �, �r�r'�,,,,,•�5��„# Lot Setback / Screenin 6'landscape buffer. Rear OR Side g setback may be reduced to 5'with 3' !� when adjacent to R-I opaque masonry wall -" through R-6 districts i 8'landscape buffer which may be it Front Parking Lot Setback / w reduced to 5'with a 3'masonry knee Screening � wall at Build-to Line. } 85% of parking required per Chapter z 1254109 Required Parking Spaces Section 1254.01.04 for parking `•r.,.� reductions Parking Incentives / Bonuses Shared parking,cross-access,driveway RR"WARYsrnrEr removal 43-16 City of Lansing Toning Ordinance J� J- Back Artic e Tt7,C. Defin. rulep_ Uses 1243.07 MX-2 Mixed-Use Community Center Illustrative example of the intent of this district I Vk r d - tir151y tilt �� iirrr� � 13l y+ti tits,l�� III .��r ii f 1tt #off r }Ill H x H N 1 X .v L �C CG G 1243.07.01 MX-2 INTENT The purpose and intent of the MX-2 district is to provide for both a horizontal and vertical mix of uses,typically with retail or commercial space on the ground floor and office or residential uses on upper floors. Development is characterized by buildings located closer to the street to promote walking and biking, and to create a character that is more "place" based STREET TYPE than auto-oriented.Taller buildings and less required parking o are allowed in this district to create the density needed to help support the urban places within the district. Development in this o o o district needs to maintain a consistency in character and form o o with adjacent sites to create the type of neighborhood centers o 0 o z desired. _:Xm SUGGESTED ;2 � � a 1243.07.02 MX-2 BUILDING TYPES BUILDING TYPE a a 0.- Z o 0 Attached Residential - - X X X The following building types are suggested to meet the intent Urban Mixed-use X X X X X X of this district. The table at right shows which building types Parking Structure X Xx X X X are suggested along the various street types in this district. Gas & Service Stations X X X X - 0 Architectural regulations and Building Types are further described in CHAPTER 1246 — BUILDING TYPES. *first floor must be lined with non parking uses. See Section 1243.03 City of Lansing Zoning Ordinance 43-17 Back Article fcJ.C. Defin. Map Uses 1243.07.03 MX-2 SITE LAYOUT REQUIREMENTS BUILDING Minimum Height 25' 2 stories d Arterial Corridor 60' 5 stories Activity Corridor 60' 5 stories vMaximum Prime Connector 40' 3 stories •'r Q g Height : N ! Neighborhood Connector 40' 3 stories Local Street 40' 3 stories ��,NFlkWS,AFFT 0 For the elevation adjacent to a residential district,the y floors above the second ® Required Upper floor Step-Backs story shall be tiered-back o so that the highest point h when adjacent to R-1 through of the building is setback R-6 districts from the adjacent residential x district a distance at least equal to the height of the building. V ®i Minimum Frontage, Primary Street 75% ® Minimum Frontage, Secondary 25% Street When site is a corner lot, the primary and secondary frontages at the corner must Required Corner Massing be occupied by building elevations for the first 20 feet of each frontage from riftk the corner.. 00 0 See Section 1250.04.01 for placement of accessory buildings. 43-18 City of Lansing Zoning Ordinance Back n'►t��! '' Ta,e. fl� neap I 1 BUILDING 8'minimum width required on all Sidewalks non-local street types. 5'minimum width required on local streetsv Front property line or 15'from street ,i1iN •c curb,whichever is greater. Planning 4 �p Office may approve a setback equal h ® Build-to line to the average setback of 50% of the z a, buildings to be retained within the blockface. The applicant shall provide a map with those measurements. X ti:® r�,a L7i�_� f Minimum Side Setback 0' r.i X ® PRIMARYSTRREET Minimum Rear Setback 10'building , N ® Minimum Setback from Adjacent Residential 25' o Districts N ®Maximum Lot Coverage 80% E ;_ (c) PARKING ki P arng Allowed Surface Parking Municipal On-Street Parking Locations On-site:Side or rear yard Side and Rear Parking ; Lot Setback / Screening 6'landscape buffer. Rear OR Side setback may be reduced to 5'with - when adjacent to R I 3' opaque masonry wall through R-6 districts ® Front Parkin 8'landscape buffer which may be r g Lot reduced to 5'with a 3'masonry t __ �•..�• Setback / Screening knee wall at Build-to Line. PRIMARY STREET No parking required if adequate on-street and municipal parking is available Required Parking Spaces Section 1254.01.04 for parking reductions Parking Incentives / Shared parking,cross-access, Bonuses driveway removal See also CHAPTER 1250 GENERAL PROVISIONS. City of Lansing Zoning Ordinance 43-19 s Back Article TO.C. 17efin. lutap U5e5 1243.08 MX-3 Mixed-Use District Center Illustrative example of the intent of this district a C - H Y ``lit III o `•e �} `'! �! X�� ! ° III ��I _ X - � 1 V 1 X_ (Cf _ d O V 1243.08.01 MX-3 INTENT The intent and purpose of the MH-3 district is to provide primarily a vertical mix of uses with higher density residential. Ground floor uses should be active and pedestrian focused. Development in this district is characterized by tall buildings lining urban streets near the City core. This district represents one of the City's highest intensity and density development STREET TYPE because of its location near downtown and the pedestrian activity expected and desired. o V W Z 1243.08.02 MX-3 BUILDING TYPES o o 0 The following building types are suggested to meet the intent o o Z 09 of this district. The table at right shows which building a m types are suggested along the various street types in this SUGGESTED BUILDING m district. Architectural regulations and Building Types are further TYPE a N a a Z o described in CHAPTER 1246 — BUILDING TYPES. Attached Residential X X Urban Mixed-use X X X X X X 0 Parking Structure X Xx X X X Gas & Service Stations X ` 'First floor must be lined with non-parking uses. See Section 1143.03 43-20 City of Lansing Toning Ordinance Back Article TC3,�. lulap Uses' 1243.08.03 MX-3 SITE LAYOUT REQUIREMENTS BUILDINGp Minimum Height 25' 1 story f{ Maximum Height 60' 4 stories For the elevation adjacent c to a residential district, the floors above the second story shall be ® Required Upper floor Step-Backs tiered-back so that the - when adjacent to R-I through highest point of the R-6 districts building is setback from the adjacent residential N district a distance at least equal to the height of the building. N ®i Minimum Frontage, Primary Street 85% ® Minimum Frontage,Secondary 75% Street Required Corner Massing When site is a corner lot,the primary and c secondary frontages at the corner must be occupied by building elevations for the first 20 feet of each frontage from the corner. See CHAPTER 1246 — BUILDING TYPES for dimensional standards See also CHAPTER 1250 GENERAL PROVISIONS. City of Lansing Zoning Ordinance 43-21 B�tk 7trtic' 7.O.C. t?efin. Map they I 1 BUILDING PLACEMENT r'.�..,�•. 8'minimum width required on all dSidewalks non-local street types. 5'minimum ' width required on local streets. c Front property line or 15'from street curb,whichever is greater. dPlanning Office may approve a "�''• - I x setback equal to the average ®Build-to line _ setback of 50% of the buildings to 40 x be retained within the blockface. pR1��Pr SrREFr The applicant shall provide a map / with those measurements. V 'i N o ®Minimum Side Setback 0' x ®Minimum Rear Setback 0' ®Maximum Lot Coverage 100% Minimum Setback from 25 Adjacent Residential 6'opaque screenwall / fencing Districts required along edge of residentially zoned or used property. See Section 1250.04.01 for placement of accessory buildings. (c) PARKING Municipal Parking ® Allowed Surface Parking On-Street Parking On-site:Side or rear yard,front yard •��:.;;,;,r, Locations only when corner lot on secondary �6 streets ` 0 Side and Rear Parking Lot Setback / Screening 6'landscape buffer. Rear OR Side r setback may be reduced to 5'with when adjacent to R I 3' opaque masonry wall through R-6 districts e ® Front Parking Lot PR1M�RYS `4 5'with a 3'masonry knee wall at rRE�r Setback / Screening on Build-to Line. 109 Secondary Street Corners No parking required if adequate on-street and municipal parking is available 0 Required Parking Spaces Section 1254.01.04 for parking reductions 4a Parking Incentives / Shared parking,cross-access, Bonuses driveway removal 43-22 City of Lansing Toning Ordinance i� Back Arti a T.O.C. l7efin. Map.. 1243.09 DT-1 Urban Edge 00 ao % W �0Cz rx 1j A# l H r� aU `t i d E O V 1243.09.01 DT-I URBAN EDGE DISTRICT INTENT The DT-I district permits a mixture of office and residential uses complimentary to the Downtown Core but lower in intensity. Urban Edge areas are intended to retain elements of the historic residential character such as short block lengths and existing front-yard setbacks. One purpose of this district is to permit homes to be converted to offices provided the historic residential character is maintained. STREET TYPE 1243.09.02 DT-I BUILDING TYPES 0 The following building types are suggested to meet the intent L J Z of this district. The table at right shows which building types o o o 0 are suggested along the various street types in this district. o o oc � ,.. o Architectural regulations and Building Types are further described o o Z o Z in CHAPTER 1246 — BUILDING TYPES. a m o SUGGESTED u; g S2 Q 0 BUILDING TYPE a Q a Z o Detached Residential X X X X X X Attached Residential X X X X X X Urban Mixed-use X X X X X X City of Lansing Zoning Ordinance 43-23 � I Back Article T.U.C. . Defin. iutap U5e5 1243.09.03 DT-I SITE LAYOUT REQUIREMENTS BUILDING -a Minimum Height 25' 2 stories W ,y� Maximum Height 40' 4 storiesCIS See Section 1250.03.02 for height exceptions y 0 c ® Required Upper floor For the elevation adjacent to a Step-Backs residential district,the floors above X. the second story shall be tiered- hest P ;! N back so that the hi point - when adjacent to g `'•-•. o R-I through R 6 of the building is setback from f) a, the adjacent residential district 0 districts a distance at least equal to the 0 height of the building. Minimum Frontage, 50% Primary Street ® Minimum Frontage, 25% Secondary Street Required Corner When site is a corner lot,the Massing primary and secondary frontages at the corner must be occupied by building elevations for the first 20 feet of each frontage from the corner. (b) BUILDING PLACEMENT Sidewalks 8'minimum width required on — " all non-local street types. 5' r'� fi minimum width required on local i streets. ®Build-to Ilse Front property line or 15' from street curb,whichever is �'V i greater. Planning Office may ! approve a setback equal to the average setback of 50% of the ;F` buildings to be retained within +Q the blockface. The applicant ! shall provide a map with those aerMaersreer measurements. ®Minimum Side Setback 10'.The Planning Office may 109 allow a reduction to 5'if minimum 10'from adjacent building or appurtenance and side facade has windows and quality materials. ®Minimum Rear Setback 10'building ®Maximum Lot Coverage 50% See Section 1250.04.01 for placement of accessory buildings. 43-24 City of Lansing Toning Ordinance Back Arti a TCS,C. De�in. rlhap Uses �� .- _ �•�.. yuw�ywr�yu�wi ®Allowed Surface Parking Municipal Parking Locations On-Street Parking On-Site side or rear yard. -a ®Front Parking Lot Setback 8'landscape buffer which may be g` M / Screening on Secondary reduced to 5'with a 3'masonry knee Street Corners wall at Build-to Line. ? � Side and Rear Parking Lot 6'landscape buffer. Rear OR Side + e ® Setback / Screening when setback may be reduced to 5'with 3' V opaque masonry wall ��� - _--- - �� ; ----- ___ • • adjacent to R-I through R-6 — � , districts PRIMARYst���r Required Parking Spaces Parking per Chapter 1254 Section 1254.01.04 for parking -X reductions Shared parking,cross-access,driveway Parking Incentives Bonuses p g, y •i removal E E 0 v See also CHAPTER 1250 GENERAL PROVISIONS. City of Lansing Zoning Ordinance 43-25 Back Article T.cS.C. n: r�lap 'Uses'; 1243.10 DT-2 Urban Flex - r N N d X 7 a� E E a O V Illustrative example of the intent of this district 1243.10.01 DT-2 INTENT STREET TYPE The intent and purpose of the DT-2 district is to foster a o mixture of residential, commercial, and industrial uses that complement the nearby Downtown Core and Mixed-Use Corridors. o 0 The Urban Flex districts generally are areas transitioning from o 0 0 older industrial and auto-oriented uses with pockets of residential o 0 o Z = to higher density modern infill and adaptive reuse.These areas a m are characterized by an eclectic mixture of entertainment, retail, SUGGESTED m residential, and lower intensity industrial uses in a warehouse BUILDING TYPE Q N a a Z o setting.Along Activity Corridors,ground floor uses should be Attached residential X X X X X X those that generate pedestrian activity along the street front Urban Mixed-use X X X X X X through the location of doors,windows, and displays. Commercial Flex X X X X X X Parking Structure X X X X X 1243.10.02 DT-2 BUILDING TYPES Gas & Service Stations X - - X X 109 The following building types are suggested to meet the intent 'First floor must be lined with non-parking uses. See Section of this district. The table at right shows which building types 1243.03 are suggested along the various street types in this district. Architectural regulations and Building Types are further described in CHAPTER 1246 — BUILDING TYPES. 43-26 City of Lansing Toning Ordinance Back Article TC3,�. lutap Uses' 124310.04 DT-2 SITE LAYOUT REQUIREMENTS BUILDING Minimum Height 25' 1 story -- , Maximum Arterial Corridor 60' 6 stories Height Activity Corridor 60' 6 stories < 0 Prime Connector 40' 3 stories \y Local Street 40' 3 stories � �� e See Section 1192.03.02 for height exceptions ® Required Upper floor Step-Backs For the elevation adjacent to a when adjacent to R I through residential district,the floors above ST�zT R-6 districts the second story shall be tiered-back so that the highest point of the d building is setback from the adjacent residential district a distance at least equal to the height of the building. Minimum Frontage, Primary Street 75% E ® Minimum Frontage,Secondary 25% v Street Required Massing When site is a corner lot,the primary and secondary frontages at the corner must be occupied by building elevations for the first 20 feet of each frontage. UILDING ' ,Sidewalks PLACEMENT 8'minimum width required on all non-local street types. 5'minimum width required on local streets. ® Build-to line Front property line or 15 feet from street curb,whichever distance is The Planning Office may revise the setback in consideration of greater. a The setback may not be more than o •' j • the front setback of adjacent buildings 50% of the median setback of and those across the street buildings within 500'of the subject • the depth of the lot site.The applicant shall provide a Hy! • adjacent uses and the need for buffering map with those measurements. """""""°'-,,,P,,,,,; • the type of activities anticipated in the PRIMARY STREET rear of the lot Minimum Side Setback 10, ® Minimum Rear Setback 10'building Maximum Lot Coverage 15% ® Minimum Setback from Adjacent 10, Residential Districts City of Lansing Zoning Ordinance 43-27 Back Article T.t7.c. Defin. Map Uses I ®Allowed Surface Parking On-Street Parking Locations On-Site side or rear yard.Front yard O parking limited to one single-loaded bay of parking. Side and Rear Parking Lot 6'landscape buffer. Rear OR Side r-4 ® Setback / Screening when setback may be reduced to 5'with 3' a c adjacent to R-I through R-6 opaque masonry wall f districts Front Parking Lot Setback/ 8'landscape buffer which may be f c Screening reduced to 5'with a 3'masonry knee �"� d wall at Build-to Line. P�IMARYSTREE7 d Required Parking Spaces Parking per Chapter 1254 X Section 1254.01.04 for parking 76 reductions d Parking Incentives / Bonuses Shared parking,cross-access,driveway E removal E 0 `-' (d) ACCESSORY OUTDOOR STORAGE Outdoor storage of equipment,vehicles,or materials shall be associated with the principal use. Accessory outdoor storage shall be screened from adjacent residential and public streets and shall not be located in the front yard.See Section 1252.09 The Zoning Administrator may require the area identified on the site plan. See Section 1250.04.01 for placement of accessory buildings. See also CHAPTER 1250 GENERAL PROVISIONS. 109 0 43-28 City of Lansing Zoning Ordinance i� Back Artic a T.O.C. rSefin, ilhap 1243.11 DT-3 Downtown Core AIR, - ; strfj°' elle ,t tasslad rr'esf � ... ���� a C Si s.s ess r. G yy,tt'a�l� °r tt tag ai e s rte tr °. � � . C s t' 111 Y Y try r - s t ill �s l 91 8t rrJ. fr r 4* t 111e" ell ��Id°, ! of ill pl � � 1'• 1 ! s *! �$i ee , ! st !es ells 4 1f iii ,r Ye, l oil I oil d 1 L dik ysli°.11 ° ld � 's�' = —p ■ i e lk' k■■f 111sy! 1 {i i�#� f S►� 11 CD •, 4� yj41��` F � � to s � d 1243.11.01 DT-3 INTENT STREET TYPE The intent and purpose of the DT-3 district is to provide o primarily a vertical mix of uses with higher density residential L~j housing and office buildings. Ground floor uses should be those o 0 sr V that generate pedestrian activity along the street front through o o the location of doors,windows, and displays. Development in o 0 o Z = this district is characterized by tall buildings lining urban streets a m Y with most or all parking provided on street or in municipal SUGGESTED u; � Q lots or structures. This district accommodates the City's highest BUILDING TYPE a N a a Z o intensity and density development. Urban Mixed-use X X X X X X Tower & Podium X X X X X X 1243.11.02 DT-3 BUILDING TYPES Parking Structure X X k X X X The following building types are suggested to meet the intent "First floor must be lined with non-parking uses. See Section of this district. The table at right shows which building types 1243.03 are suggested along the various street types in this district. Architectural regulations and Building Types are further described in CHAPTER 1246 — BUILDING TYPES. City of Lansing Zoning Ordinance 43-29 Back Article T.t7.C. ❑eFI R. I�ap U5P5? 1243.11.04 DT-3 SITE LAYOUT REQUIREMENTS BUILDING0 � (a) S~ i Minimum Height 25' 2 stories 3 t Minimum Frontage, Primary 85% Street c ®Minimum Frontage, Secondary 75% q Street r— a c Required Corner Massing When site is a corner lot,the primary and secondary frontages ""'A �! q��'�' " at the corner must be occupied by 'R�srRE � !i�.o` ' ' building elevations for the first 20 feet of each frontage from the corner. ,y X c� V i GCJ CG G O V 109 0 4a 43-30 City of Lansing Toning Ordinance J� T Back Arti a Tt7,G l7efin. rulep_ Uses See also CHAPTER 1250 GENERAL PROVISIONS. (b) BUILDING PLACEMENT Sidewalks 8'minimum width required on all non-local street types. 5'minimum width required on local streets. 0 � Build-to line Front property line or 15'from street v curb,whichever is greater. Planning c Office may approve a setback equal C to the average setback of 50% of the c buildings to be retained within the blockface. The applicant shall provide a map with those measurements. � 0 ®Minimum Side Setback 0' ®Minimum Rear Setback 0, pQy i G 9 +1 ® Maximum Lot Coverage 100% f a See Section 1250.04.01 for placement of accessory buildings. PARKING fMARY STgpE7................. V i G.7 laAllowed Surface Parking Municipal Parking m Locations On-Street Parking v On-Site Rear Yard Rear Parking Lot Setback / 5'with 3'opaque masonry wall Screening Required Parking Spaces No parking required if adequate on-street and municipal parking is available Section 1254.01.04 for parking iLr *�.., �► reductions +. Parking Incentives / Bonuses Shared parking,cross-access,driveway o removal s € f City of Lansing Zoning Ordinance 43-31 Back Artie' #.O,C:' n: 1�lap 'Uses'; This page intentionally left blank. N V .i N N �a X X (; �V i a� E E O V 43-32 City of Lansing Toning Ordinance Chapter Residential Districts DRAFT JULY 2017 City of Lansing Zoning Ordinance 6A Back Article TO.C. Defin. Map t 1244.01 Applicability conventionally on-site constructed homes. For purposes of compatibility, all structures shall: The standards of this chapter shall apply to all proposed development within the zoning districts contained herein, I. Have not less than two exterior doors with one door and shall be considered in combination with the standards being in front of the structure and the other being c in CHAPTER 1246 — BUILDING TYPES and other applicable in either the rear or on the side of the structure; chapters of this zoning ordinance. If there is a conflict 2. Have permanently attached steps connected to between any standards,the stricter standards shall apply exterior door areas or porches connected to exterior N door areas where required by a difference in 1244.02 General Development elevation; Requirements for Dwelling Units 3. Have siding firmly affixed to the exterior walls of the structure constructed of conventional materials such Any dwelling unit, including a structure or portion of a as wood,vinyl, aluminum or brick; structure constructed on-site, a mobile home not located in a 4. Have a shingled roof constructed of conventional mobile home park, a premanufactured unit, a precut structure material,which roof is permanently attached to the or a panelized structure,whether erected above and/or below structure and has a minimum 3:12 pitch and an ground, shall comply with the following standards: overhang of at least one foot; and A. It shall conform with the minimum residential lot 5. Not have wheels,towing mechanisms, undercarriages dimensional requirements and building types for the or chassis that are visible from the outside of the district in which it is located. structure. B. On lots 40 feet or greater in width, it shall contain a This paragraph shall not be construed to prohibit innovative core area of living space of at least 24 feet by 24 feet in design concepts involving such matters as solar energy,view, size and shall have a minimum internal height of seven unique land contour or architectural design. and one-half feet. For single-family dwellings on lots less than 40 feet in width in R-5 and R-6 Residential Districts, 1244.03 Administration it shall contain a core area of living space of at least 20 feet by 20 feet in size and shall have a minimum internal (a) Residential construction for single-family detached homes height of seven and one-half feet. and duplexes are not required to follow the site plan C. It is firmly attached to a permanent foundation review process in Chapter 1260 but must adhere to the constructed on the site in accordance with the Building regulations of this zoning ordinance and other applicable Code of the City and has a wall of the same perimeter city codes and ordinances. dimensions as the structure which is constructed of such (b) Any other residential use not listed in subsection (a) materials and type as required in the Building Code. above shall be reviewed according to CHAPTER 1260 — If the structure is a mobile home not located in a SITE PLAN REVIEW. 0 mobile home park, it shall be installed pursuant to the manufacturer's set-up instructions,shall be secured to the premises by an anchoring system or device complying with all State and Federal rules and regulations governing the same and shall have a perimeter wall as required in this paragraph which is aesthetically compatible in design and appearance with conventionally on-site constructed homes. D. If it is not a structure constructed on site, it shall be aesthetically compatible in design and appearance with 44-2 City of Lansing Toning Ordinance Back Article TC?,C. �efin. Map Uses 1244.04 Residential Permitted Uses In the Residential Districts, the following principal uses are permitted. Permitted uses shall be subject to site plan review. , Conditional uses shall adhere to the Conditions noted in the Section referenced. Special Land Uses may be permitted by Council Y in accordance with the procedures and conditions described in CHAPTER 1262 — SPECIAL LAND USE PERMITS if the conditions y described in this section for each use are met, and if all Federal, State and local laws are met. Permitted and approved uses may o be mixed both horizontally and vertically. d -o P = Principal Permitted Use C = Conditional Use '~ `�' a Conditions S = Special Land Use01 RESIDENTIAL Single-family detached dwelling P P P P P P P P P P Two-family dwelling ( P P P For R-613: I. Must maintain the appearance of a medium- sized home and is appropriately scaled to fit within Multiple-family dwelling C P P P primarily single-family neighborhoods. 2. Located on non-local streets or adjacent to non- residential uses. Mobile Home S HUMAN (ARE FACILITIES Adult day care facility S S Adult foster care family home (6 P P P P P P P P P P or fewer adults) Adult foster care small group S S S S S S S P P home (12 or fewer adults) Adult foster care large group S S S home (13 to 20 adults) Adult Foster Congregate Care S S S Facility Convalescent or Nursing Home S S S Foster family home (6 or fewer P P P P P P P P P children 24 hours per day) Family day care home (6 or fewer children less than 24 hours per P P P P P P P P P day) City of Lansing Zoning Ordinance 44-3 Back 3 Article TO.C. Defin. Map Uses P = Principal Permitted Use C = Conditional Use L � - Conditions S = Special Land Use N 'i Group day care home (1 to 12 I.The facility provides and maintains on the lot not o children less than 24 hours per less than 900 square feet of outdoor play space. day) 2.The use of the structure as a group day care home shall be clearly incidental to the principal residential N use. 3. One person, other than a member of the family residing in the dwelling, may be employed, so long as C C C C C C C C C C that person is not the primary caregiver. 4. No change occurs in the outside appearance of the dwelling. 5. No signs are permitted. 6.The outdoor play space shall be fenced.This requirement can be waived by approval of the Planning Division if the specified outdoor area is common open space shared with other dwelling units. Child care centers, preschools and S S S S S S S S commercial day care INSTITUTIONAL Places of Assembly S S S S S S S S S C At least one property line abutting an arterial, suburban or activity corridor Hospital C At least one property line abutting an arterial, p suburban or activity corridor Museum C C C C C C C C C C I. Front, rear and side yards are not less than 25 feet, except as provided below. 2. If a front, rear or side yard abuts a Commercial Mixed-Use District, then the yard which abuts such Library C C C C C C C C C C District shall meet the dimensional requirements of the District which abuts such front, rear or side yard. 3. No parking exists in the front yard. 4. No accessory structure is located in the front yard. Park, open space, plaza (public or P P P P P P P P P P 109 private) School C C C C C C C C C C All education facilities, except elementary or middle schools, must have at least one property line abutting 0 Trade school C and all points of ingress/egress directly to an arterial, suburban or activity corridor COMMERCIAL/OFFICE Cemetery S 44-4 City of Lansing Zoning Ordinance g�4k Artier T.O,C. Defin. iAlap Uses P = Principal Permitted Use C = Conditional Use - Conditions S = Special Land Use 0 N At least one property line abutting and all points 'i Clinic C of ingress/egress directly to an arterial,suburban or c activity corridor Golf course S S S -o Personal service use (e.g. barber P shop, beauty parlor, shoe repair) Professional and business offices P (e.g. doctor, lawyer, architect) I.The lot on which the nursery or commercial greenhouse is located contains not less than three (3) acres. 1.The lot on which the nursery or commercial greenhouse is located has not less than one property Nursery, commercial greenhouse C line which abuts and has primary access to a major or minor arterial. 3. The outdoor storage of landscape materials, other than plants, shall be screened from view of all public right-of-ways and residential parcels of land by a six (6) foot high opaque wood or vinyl fence, decorative screen wall or landscaped berm. INDUSTRIAL Research laboratory S Accessory uses customarily incidental to any of the above principal uses are allowed provided the Zoning Administrator may require additional parking or compliance with other standards upon a determination that such use may impact site operations beyond that of the Principal Use. City of Lansing Zoning Ordinance 44-5 7 � T Back m Article TO.C. 17efin. Map U5e5 „ 1244.05 R-1 Suburban Residential t i * *wi 0 _- r: 'i H - k �+0 r 7 W 72 In w — , Via° 1244.05.01 R-I INTENT The R-1 Suburban Residential district is intended for the largest, lowest-density single-family development in the city.These neighborhoods feature large lots, large homes with attached garages, significant landscaping and curvilinear streets and cul-de-sacs.These houses are intended to each be unique with significant architectural detail and quality.Typical character types include Contemporary and Neo-Eclectic. 1244.05.02 R-I BUILDING TYPES Detached Houses are the only building type intended to meet the intent of this district.Architectural regulations and Building Types are further described in CHAPTER 1246 — BUILDING TYPES. 44-6 City of Lansing Zoning Ordinance Back Article T,C?,C. Defin. lutap Uses 1244.05.03 SITE LAYOUT REQUIREMENTS See CHAPTER 1246 — BUILDING TYPES for architectural (a) MASSING standards. 0 BUILDING Minimum Height 20' 2 stories a��t ^h.� Maximum Height 35' 2.5 stories Maximum Dwelling Units per lot I (b) BUILDING PLACEMENT Sidewalks 5' minimum ® Minimum Front The average setback on block face Setback N Minimum Side Setback 5.; total of two side yards 15 d Minimum Rear 30' x •, Setback ° . Minimum Lot Size 6000 sq. ft. Min 60' Lot Width Max 200' O `O Min 100' — Lot Depth Max 200' ' Impervious i o Maximum Lot Surfaces 55/0 .•_.._.._.._.,_.._.,_.._.._. Coverage O STREET Building 40% See Section 1250.04.01 for placement of accessory buildings. BUILDING i SERVICES See Chapter 1254 for parking standards. Parking Parking permitted in rear yard or side yard. Garages may be attached but may not Garages project in front of the front building facade. Side entry garage preferred. City of Lansing Zoning Ordinance 44-7 moonsBack Article Ti7.C. Defin. Map 1244.06 R-2 Suburban Residential lustrative example of the intent of this district 6 - d -a � T - —a_ 1244.06.01 R-2 INTENT The R-1 Suburban Residential district is intended for mid- century to modern subdivisions.These neighborhoods feature medium-sized lots, often attached garages, curvilinear streets and cul-de-sacs., and a variety of housing types and sizes.Typical character styles include ranch, split level, minimal traditional, and contemporary, often with side-facing gables or hip roofs. 1244.06.02 R-2 BUILDING TYPES Detached Houses are the only building type intended to meet the intent of this district.Architectural regulations and Building Types are further described in CHAPTER 1246 — BUILDING TYPES. 109 0 44-8 City of Lansing Zoning Ordinance Back Article TC?,C. Defin. lulap Uses 1244.06.03 SITE LAYOUT REQUIREMENTS See CHAPTER 1246 — BUILDING TYPES for architectural (a) MASSING standards. 0 BUILDING Minimum Height 15, 1 story . Maximum Height 35' 2.5 stories Maximum Dwelling Units per lot I(b) BUILDING PLACEMENT \ \ a+Q Sidewalks 5' minimum , ® Minimum Front 25' or the average setback on block Setback face c Minimum Side Setback 5'.; total of two side yards 15' ® Minimum Rear 30' i Setback Minimum lot Size 5000 sq. ft. f' ; ® Lot Width Min 50 Max 100' i Min 100' f, ® Lot Depth Max 175' Impervious 55% Maximum Lot Coverage Surfaces Building 40% See Section 1250.04.01 for placement of accessory buildings. BUILDING See Chapter 1254 for parking standards. Parking Parking permitted in rear yard or side yard. Garages may be attached but may not ® Garages project in front of the front building facade. If attached,side entry garage preferred. City of Lansing Zoning Ordinance 44-9 ]�,kArticle T.t7.C. �eIIR. Map,„ Uses 1244.07 R-3 Suburban Residential 0 Illustrative example of the intent of this distric i - -a d= - — M GC � r' Vf � — 72 V - •i a H d � � 1244.07.01 R-3 INTENT The R-3 Suburban Residential district is intended to accommodate a more flexible rural character in the city. Deep lots are typical with variable setbacks.Typical character types include Ranch and Minimal Traditional, often with side-facing gable roofs. 1244.07.02 R-3 BUILDING TYPES Detached Houses are the only building type intended to meet the intent of this district.Architectural regulations and Building Types are further described in CHAPTER 1246 — BUILDING TYPES. 00 0 0 44-10 City of Lansing Zoning Ordinance Back Article TC?,C. Defin. lulap Uses 1244.06.03 SITE LAYOUT REQUIREMENTS See CHAPTER 1246 — BUILDING TYPES for architectural standards. � � t i Minimum Height 15, 1 story •R g ® Maximum Height 25' 2 stories ®Maximum Dwelling Units per lot ,w 1 BUILDING - PLACEMENT Sidewalks 5 minimum Min 25' or the average setback on block Front face c Setback Max 50, d ® Minimum Side � Setback 5;total of two side yards 15, ® Minimum Rear ' Setback 30' ® ' Minimum Lot Size 4000 sq.ft. ® Lot Width Min 40 Max 150' < Min 100 Lot Depth O , ® Max none Impervious ° Maximum Lot Surfaces 60%Coverage Building 45% See Section 1250.04.01 for placement of accessory buildings. BUILDING See Chapter 1254 for parking standards. Parking Parking permitted in rear yard or side yard. ®Garages Rear City of Lansing Zoning Ordinance 44-1 1 Back m Article T.t7.C. � Defin. � lutap +'��'; 1244.08 RA Urban Edge Residential Must t five d - 72 LLA ,a N N \�. A C — d \\ .2 1244.08.01 R-41NTENT The intent of the R-4 Urban Edge Residential district is to preserve the character of Lansing's most historic neighborhoods. These neighborhoods were originally designed in the style of the City Beautiful/Garden City movement,with a variety of high-style historic single-family homes.Any modifications or new construction in this district should respect the high-style character types of the early 20th century.Typical Character types include Tudor, Colonial Revival, and Craftsman. 1244.08.02 R-4 ALLOWED BUILDING TYPES Detached Houses are the only building type intended to meet the intent of this district.Architectural regulations and Building 109 Types are further described in CHAPTER 1246 — BUILDING TYPES. 0 4a 44-12 City of Lansing Zoning Ordinance Back Article' TC?,C. Defin. y dap' Uses 1244.08.03 SITE LAYOUT REQUIREMENTS See CHAPTER 1246 — BUILDING TYPES for architectural (a) MASSING standards. 0 BUILDING Minimum Height 20' 2 stories _d Maximum Height 35' 2.5 stories Maximum Dwelling Units per lot I `l � C 1 BUILDING / l Sidewalks 5' minimum q ® Minimum Front Lesser of 20' or the average setback Setback on the block face. Minimum Side G5', total of two side yards 15' Setback — ® Minimum Rear 30' -o Setback Minimum Lot Size 4000 sq. ft. ®Lot Width Min 40 t Max 80' © � � � © '• ®Lot Depth Min 100 Max 150 Impervious o ---------- Maximum Lot Coverage Surfaces 60% O Building 45% See Section 1250.04.01 for placement of accessory buildings. BUILDING i SERVICES See Chapter 1254 for parking standards. Parking Parking permitted in rear yard or side yard. ®Garages Garages shall be located in rear yard or along alley. City of Lansing Zoning Ordinance 44-13 Back Article T.O.C. n: A�lap ,,Uses 1244.09 R-5 Urban Residential Illustrative exai d 72 .N _ _ G a-+ _ 2 •'y d 1244.09.01 R-5 INTENT The R-5 Urban Residential district is intended to preserve a lower density urban district than R-6. Homes in this district are primarily mid-century 1 1/2 story bungalows and any new constructions should match that smaller scale rather than the larger, more historic two-story homes in R-4 and R-6.Typical character types include Minimal Traditional, Cape Cod, and Neocolonial. Front- or side-facing gables with dormers are typical roof styles. 1244.09.02 R-5 ALLOWED BUILDING TYPES Detached Houses are the only building type intended to meet the intent of this district.Architectural regulations and Building 109 Types are further described in CHAPTER 1246 — BUILDING TYPES. 0 4a 44-14 City of Lansing Zoning Ordinance Back � Article T�,C. De�in. dap Uses 1244.09.03 SITE LAYOUT REQUIREMENTS See CHAPTER 1246 — BUILDING TYPES for architectural standards. � � c 1 Minimum Height 15, 1.5 stories _d Maximum Height 25' 2 stories Maximum Dwelling Units per lot I (b) BUILDING PLACEMENT Sidewalks 5' minimum �l � - ' - " ®Minimum Front Lesser of 20' or the average setback p+O c Setback on the block face _ d ®Minimum Side 72 1 Setback 5.;total of two side yards 15 ®Minimum Rear 30' Setback p ------.._.._--_---------------.._.._.._.._--_.._.._---------------------.._.._ Minimum Lot Size 4000 sq.ft. .. Min 40' ® lot Width Max 10', or average of adjacent lots, ? - ................___.__.._ _,_____ whichever is less m Lot Depth Max 200' Impervious a Maximum Lot Surfaces 60% Coverage Building 45% See Section 1250.04.01 for placement of accessory buildings. BUILDING1 SERVICES See Chapter 1254 for parking standards. Parking Parking permitted in rear yard or side yard. ®Garages Garages shall be located in rear yard or along alley. City of Lansing Zoning Ordinance 44-15 Flack Article T.U.C. Defin. Map 11=,e5', 0 „ 1244.10 R-6 Urban Residential 76 oc oc H G iV C - a� 72 d _ 4 R 1244.10.01 R-6 A & B INTENT The intent of the R-6 Urban Residential district is to preserve the historic character of Lansing's most urban neighborhoods maintaining the scale of medium-density single-family detached residences.These neighborhoods feature small lots, early 20th century-built homes often with alleys and rear loading garages. Infill development in this district should respect the historic single-family character.Typical character types include Four- Square, Craftsman, and Queen Anne vernacular types. Front-facing gable and hip roofs are typical. The intent of sub-district R-613 is to integrate attached residential units into appropriate locations at the perimeter of established residential neighborhoods.Attached residential units are intended o v to provide a physical transition from the adjacent busier street Z types, and/or non-residential uses to the purely residential o 0 0 0 o � o 109 neighborhood. o Z o W V O Z or_, me 1244.10.02 R-6 BUILDING TYPES Q m oC 7 W S J W � C~C tJ GC W Q Q Q d Z J The following building types are suggested to meet the intent of this district. The table at right shows which building types Detached house X X X X X are suggested along the various street types in this district. Attached Residential X X X X Architectural regulations and Building Types are further described (R-613 only) in CHAPTER 1246 — BUILDING TYPES. 44-16 City of Lansing Zoning Ordinance Back Article TC?,C. Defin. lutap Uses 1244.10.03 SITE LAYOUT REQUIREMENTS See CHAPTER 1246 — BUILDING TYPES for architectural (a) MASSING standards. 0 BUILDING Minimum Height 20' 2 stories Maximum Height 35' 2.5 stories R-6A I " Maximum Dwelling Units per lot it r ■/ R-6B 6 Q+0 V, BUILDING A V Sidewalks 5' minimum width Y c ® Minimum Front Setback Lesser of 20' or the average setback on the block face -o .y d Minimum Side Setback 5'.;total of two side yards 15' f� ® Minimum Rear Setback 30' R-6A 4000 sq. ft ® ` R-6B Efficiency: 2200 � - - ?�-..-.-.-. Minimum Lot Size Sq.Ft. I-bdrm: 2600 sqft, 2 bdrm: 3000 sqft, 3+ bdrms: 3800 sqft. m ® Lot Width Max 60 Min 100, ® Lot Depth Max 200' See Section 1250.04.01 for placement of Impervious Surfaces 60% accessorybuildings. Maximum Lot Coverage Building 45% BUILDING See Chapter 1254 for parking standards. Parking Parking permitted in rear yard or side yard. ®Garages Garages shall be located in rear yard or along alley. City of Lansing Zoning Ordinance 44-17 PM 41 4 cle 1 _ B7ack I_ii... Ahap Use3 _ 1244.11 MFR Multi-family Campus Residential ` 4 Illtrative example of the intent of this district 75 a z - V iEl{ry_ - i r r Y 1 d 1244.11.01 MFR INTENT The MFR Multiple Family Residential district is applied to areas of Lansing that are appropriate for the highest range of residential densities to accommodate multiple family dwellings. The MFR zone is suitable as a transition from the residential districts into mixed-use commercial areas. MFR complexes should be designed with a campus-like character, providing shared open space, landscape buffering, and consistent site design features. 1244.11.02 MFR BUILDING TYPES Attached Residential is the only building type intended to meet the intent of this district.Architectural regulations and Building —' Types are further described in CHAPTER 1246 — BUILDING TYPES. Ice, 0 la 44- 18 City of Lansing Zoning Ordinance Back Article TC?,C. Defin. y dap' Uses 1244.1 1.03 SITE LAYOUT REQUIREMENTS See CHAPTER 1246 — BUILDING TYPES for architectural (a) MASSING standards. BUILDING Minimum Height 15, 1 story _d Maximum Height 45' 4 stories ®. y e � 1 BUILDING - V Sidewalks 5' minimum width O Cz bldg height y 20' <35' ® Minimum Front Setback 35' 35'-15' ------------- 50' >75' i I H Minimum Side Setback 10% up to a maximum of 25' rl i ° dL � i ® Minimum Rear Setback 25 I , + Efficiency 2200 sq.ft. i ® Minimum One bedroom 2600 sq.ft. * ............ Lot Size Two bedroom 3000 sq.ft Per unit Three+ Bedroom 3800 sq.ft Impervious 60% Maximum Lot Coverage Surfaces Building 40% See Section 1250.04.01 for placement of accessory buildings. (c) BUILDING ACCESS i SERVICES Building Access & Entrances may face interior parking but Entrances should have pedestrian connections to the public right-of-way sidewalks. See Chapter 1254 for parking standards. Parking Parking permitted in rear yard or side yard. City of Lansing Zoning Ordinance 44-19 Back � Article T.U.C. D�-efi�n. tap lhe5 1244.12 R-MX Mixed Residential �� a Rrh►s dr N E 1 1244.12.01 R-MX INTENT The R-MX Mixed Residential district is intended to accommodate a mixture of housing types along corridors and near the Downtown. Historically, these areas were single-family neighborhoods that have transitioned over time to include a mixture of housing types. Historic single-family houses should be retained where possible for their character and infill housing should respect the established scale and massing. Denser housing along corridors is intended to provide a transition to the adjacent established single-family neighborhoods. 1244.12,02 R-MX BUILDING TYPES Detached Houses and Attached Residential are the only building types intended to meet the intent of this district.Architectural regulations and Building Types are further described in CHAPTER 1246 — BUILDING TYPES. 44-20 City of Lansing Zoning Ordinance Back Article' TU,C. Defin. y dap_ Uses 1244.1 1.03 SITE LAYOUT REQUIREMENTS See CHAPTER 1246 — BUILDING TYPES for architectural (a) MASSING standards. 0 BUILDING Minimum Height 20' 2 stories '=: Maximum Height 45, 4 stories Maximum Dwelling Units per lot 6 _ BUILDINGPLACEMENT Sidewalks 5' minimum width `•, ' ® Minimum Front Setback 20' •c Minimum Side Setback 5'.; total of two side Y yards 15' ® Minimum Rear Setback 30' Efficiency 2400 sq. ft. _-----_------_--_--_-._.._--_-.._.._.._.._.._.._.._.._.._..,,,.� Minimum One bedroom 2800 sq. ft. ? Lot Size 41 Per unit Two bedroom 3200 sq. ft Three+ Bedroom 4000 sq. ft T Min 30' % - ® Lot Width ' Max 60' ' ® Lot Depth Min 150, p Max 200' Maximum Lot Coverage Impervious Surfaces 60% a Building 40% (c) BUILDING ACCESS i SERVICES See Chapter 1254 for parking standards. Parking Parking permitted in rear yard or side yard. Garages Garages shall be located in rear yard or along alley. City of Lansing Zoning Ordinance 44-21 Back Article TO.C. Defin. Irtap U5e5 1244.13 R-AR Adaptive Reuse Residential I Illustrative example of the intent of this district 76 72 j , Y a Q • s .sski , lit RON - V f� C .y - d _ 1244.13.0I R-AR INTENT 1244.12.02 R-AR BUILDING TYPES The purpose and intent of the R-AR district is to: The following building types are suggested to meet the intent of this district. The table below shows which building types are suggested (a) Promote the appropriate reuse or redevelopment of along the various street types in this district. Architectural regulations former institutional sites that is compatible in scale and intensity with the previous use or character of and Building Types are further described in CHAPTER 1246 — BUILDING TYPES. the area. (b) Minimize impacts on and ensure proper transitions STREET TYPE from taller buildings and more intense uses to adjoining residential neighborhoods and less intense o W uses. pC Z d O Z (c) Provide for recreational, pedestrian and open space o needs that may be displaced by redevelopment of o o vacant institutional sites Q m 109 (d) Regulate building height and require appropriate o Q of Q d Z J landscaping and screening to achieve appropriate Urban Mixed-Use X X X X scale along streetscapes and ensure proper transition 0 to nearby residential neighborhoods. Attached Residential X X X X X X Detached house X X X X X X 4a 44-22 City of Lansing Toning Ordinance Back Art+��e . TC?,C. D lutep Uses 1244.13.03 SITE LAYOUT REQUIREMENTS See CHAPTER 1246 — BUILDING TYPES for architectural standards. BUILDING Minimum Height 15, 1 story A: Equal to adjacent "- �.. 2 residential district; or B: Equal to existing height ` O ` ® Maximum Height or maximum in adjacent residential district,whichever is greater, for sites where ,� — = �� more than 75% of original {` _p Q structure is preserved. ® Required Upper floor Equal to each story height, Building Step-Backs for each story above the -when adjacent to residential o districts maximum Minimum Built Frontage, o Primary Street 60% maximum on any street 72 ® Minimum Built Frontage, Secondary Street (for 60% maximum on any street corner lots) BUILDING PLACEMENT 8' minimum width required on all Sidewalks non-local street types. 5' minimum width required on local streets. Whichever is Greater: A:Allow extension of established ;I ® Front Setback setback along frontage; or (from street curb) B: Match to double the setback in adjacent residential district; or C: Equal to building height ® Minimum Side Whichever is greater: it 4 Setback A: Double setback in adjacent ® Minimum Rear residential district ' Setback B: Equal to building height Equal to double the front setback in }y' = ® Minimum Setback adjacent residential district tt from Adjacent Residential Landscaping per Chapter 1252; Districts or screening wall or fence where adequate buffer cannot be provided ® Maximum Lot Equal to adjacent residential district Coverage (see INCENTIVES coverage bonuses) See Section 1250.04.01 for placement of accessory buildings. City of Lansing Zoning Ordinance 44-23 Back Article T.O.[. n: Alap .ilhes PARKING 1uuww.uuuaw.uuiwrnuxnu�i..,ux+xa..uxa■xx � Rear yards only; it III Allowed Surface Parking Side yard parking may be �` F—jF I-T[1 1-TJ T1 fl T1 T1Tv extended where transitions Locations72 and buffers will exceed ' " b requirements , _ 8' landscape buffer. Either t � Side and Rear Parking p # � ® setback may be reduced to 5 Lot Setback / Screening with b opaque screen wall. Required Parking Spaces Parking per Chapter 1254 NRB EDGE 'PRIMARY STREET N V N C c; 00 0 0 a� .y d 44-24 City of Lansing Zoning Ordinance ram--1 — Back TO.C. cefin. Maur Uses: Chapter Special Districts DRAFT OCTOBER 2017 00 City of Lansing Zoning Ordinance Back Article TO.C. Defin. Map Uses 1245.01 Applicability (1) Incentives A B C D � See above for details (a) The standards of this chapter shall apply to all proposed Y development within the zoning districts contained herein, and shall be considered in combination with the standards x Y y (2) Recognized Benefit J c in CHAPTER 1246 — BUILDING TYPES and other applicable See below for details ; o chapters of this zoning ordinance. If there is a conflict o s = � between any standards, the stricter standards shall apply. m o (b) Exempt Expansions. Changes of use to another permitted s use or to increase parking to meet the minimum number A Open Space X X of spaces required, building maintenance or faSade B Low-Impact Development X X changes that do not alter the building footprint or require site improvements, shall be permitted according C Mixed-Use X to CHAPTER 1260 — SITE PLAN REVIEW, provided that D Green Building X X X standards of other applicable city codes and ordinances E Additional Landscape Elements X X are met. F Pedestrian Amenities X X G Shared Access X X 1245.02 Administration H Shared Parking X (a) Site Plan Review. Applications shall be reviewed according (2) Recognized Benefits. Additional building height or to CHAPTER 1260 — SITE PLAN REVIEW. flexibility may be granted during the project review (b) Incentives. when one or more of the following recognized (1) Types of Incentives. To promote redevelopment and benefits are provided: stimulate reinvestment in the City, the Planning A. Open Space. Inclusion of 5% open space Office may grant additional flexibility or development above what may be required for the building options where one or more of the Recognized type. Open space must meet the following Benefits, listed below, are provided. The following standards to be counted toward the minimum incentives may be granted: requirement: A. Dimensional Flexibility. Flexibility may be I. Open space may be public or private but granted of the minimum lot coverage, building must be accessible to the public along frontage, or setbacks provided the resulting with employees or residents or visitors. layout will not negatively impact nearby 2. Dimensions, grading and design of the residences. open space shall provide useable area B. Additional Building Height.The maximum for seating, gathering, recreation or other building height may be increased by one activities. additional story. 3. Required open space shall not include 109 C. Reduced Minimum Parking. Reduced parking may wetlands, required setbacks, required be allowed consistent with Section 1254.01.04. landscape areas,water bodies, easements D. Flexibility for Stormwater/Utility Calculations. for private roads or overhead utilities, Where endorsed by the City's Public Service stormwater control facilities as required Department, reduced user and benefit fees may by Chapter 1219,floodplain area or public be granted. right-of-way, provided that where additional public right-of-way is desired by the city, it may be included. 45-2 City of Lansing Toning Ordinance Back Article TC?C. �e�in. Map Uses 4. Required open space shall be functional G. Shared Access. Removal of a driveway or use of (not isolated remnant parcels) and shared driveway for access from public streets. provided to supplement public space along This may require an access easement approved a sidewalk, provide pedestrian or greenway by the city attorney. connections, pocket parks to serve nearby H.Shared Public Parking.See Section 1254.01.04 uses, located and designed to terminate Factors to Permit a Reduction from the Amount c views along streets, or otherwise provide of Parking Required an amenity that would not be provided in a project that just met minimum code (c) Allowed Flexibility. It is recognized that certain existing requirements site conditions may prohibit full compliance with this Section.The Director of Planning and Neighborhood B. Low Impact Development (LID, e.g.green Development, upon recommendation of the Zoning roof, on-site stormwater retention). Use of Administrator, is authorized to approve modifications alternative stormwater management design to the standards of this Section, after considering the that may include green roofs, natural retention criteria and standards below.Any request for relief from systems, porous pavement alternatives, or other a required standard other than those listed below shall energy or water conserving applications above be made through the variance procedures set forth in and beyond the requirements of Chapter 1219 - Chapter 1274 — Board of Zoning Appeals. Post-Construction Stormwater Management. (I) Criteria for Modification C. Provision for Mixed-Use. Proposals that include i A. Demonstration by the applicant that there is a a mix of different but compatible use types within the same building, such as first-floor unique situation with the property that makes retail with offices or residential units on upper it impractical to fully comply with the standards floors. herein. D. Green Buildings. Significant use of sustainable B. The proposed development is consistent with the building and site design features such as: Design Lansing Comprehensive Plan, as amended. water use reduction,water efficient landscaping, C. The proposed development is consistent with the innovative wastewater technologies, low impact Intent of this District. stormwater management, optimize energy D. The proposed modification will not prevent performance, on-site renewable energy,solar or complicate logical extensions of streets, heating, reuse/recycled/renewable materials, infrastructure, parking, open space, or indoor air quality or other sustainable elements. development of adjacent properties. E. Additional Landscape Elements. Exceeding E. The modification is the minimum necessary to minimum quantities or sizes required in allow reasonable development that is consistent CHAPTER 1252 — LANDSCAPING. Or additional with the intent of the Zoning Ordinance and plantings or decorative fence or wall where the Design Lansing Comprehensive Plan. needed to help reduce impacts on neighboring properties. Native species, larger caliper F. The proposed development will not impair public safety. plantings, F. Pedestrian Amenities. Provision of public G. The modification is not simply for convenience plazas,walkways or pedestrian-oriented features, of the development. such as street trees or benches beyond those H. The design will not be detrimental to adjacent required or enhancements to a transit stop, residential uses. such as a shelter, large pad size or similar (2) Modification Standards improvements endorsed by CATA. A. Height City of Lansing Zoning Ordinance 45-3 �l Back Article TO.C. Defin. neap� Uses I. Minimum and maximum height - up to ten 3 Required open space — up to ten percent. percent for any cumulative increase or 4. Entrances (maximum average spacing) — up decrease in building height. to ten percent increase in spacing. 2. Clear height — up to ten percent. (d) Conditions and Phasing. Where deemed necessary, the c B. Building Placement Zoning Administrator, or Planning Board and Council for c° I. Build to line — up to one foot. special uses, as applicable, may: 2. Frontage — reduction of up to ten percent of (1) Require a phasing plan that explains how new required length. development and infrastructure, meeting the 3. Street wall requirements — up to ten percent requirements of this section,will be constructed, and elements of the site not in compliance will be of the height/ fenestration/access gate phased out over time. This may require temporary requirements. or permanent easements or commitments through a d. Upper floor step-backs — up to ten percent. written agreement and performance guarantee. e. Street wall/fence/screening requirements — up (e) Agreement. The City may require a written agreement to ten percent. if flexibility is granted through incentive or to ensure C.Architectural Regulations (per Chapter 1246) compliance with conditions of approval.An agreement with the City shall be prepared in a form acceptable to the I.Windows (minimum and maximum City Attorney that specifies the required improvements, fenestration percentage) — up to ten commitments and obligations of the development. The percent. agreement shall specify any recognized benefits provided 2. Projections (stoops, porches, awnings, by the developer,flexibility granted by the City, and balconies) — up to ten percent. maintenance provisions for all site improvement.. 1245.03 Industrial and Institutional Permitted Uses In Industrial and Institutional Districts,the following principal uses are permitted. Permitted uses shall be subject to site plan review. Conditional uses are permitted if the Conditions noted in the Section referenced are met. Special Land Uses may be permitted by Council in accordance with the procedures and review standards described in CHAPTER 1262 — SPECIAL LAND USE PERMITS. P = Principal Permitted Use N C = Conditional UseI ZZ S = Special Land Use Conditions i Cleaning, processing, servicing, or repair of P P any product or vehicle Dry cleaning plants P P P 109 Industrial scrap metal processing P Lumber yards P P Manufacture of already processed P P P 0 components (bakeries, cosmetics, candies) Manufacture of automobile parts and car P assembly Manufacture of toys, furniture, appliances P P P Metal forming P P P Mining S 45-4 City of Lansing Zoning Ordinance ' Back Ar� Y,O,C. Defin. iulap Uses P = Principal Permitted Use C = Conditional Use _ S = Special Land Use Conditions Motor vehicle repair station RCC I.All activities shall be conducted within an enclosed structure. 'i 2.Any vehicle stored on the lot shall be stored in an enclosed c structure or within a completely fenced area. Power plants P Q Production of consumer goods,with 20% P P P GFA retail sales Research laboratory P P P P Salvage yards C I.The materials are enclosed by a structure or a fence, not less than eight feet in height,that obstructs vision. 2.The materials stored within 20 feet of the fence shall not exceed the height of the fence. 3.A plan is submitted to and approved by the Planning Division,which plan shows the type and location of the fence. 4. No outdoor burning occurs on the lot on which the salvage yard is located. Sanitary land fill S Tool, die and machine shops P P P Truck terminals P P Wholesale and warehouse activities P P P INSTITUTIONAL Places of Assembly S S S S S Hospital P P Museum C C C P P I. Front, rear and side yards are not less than 25 feet, except Library C C C P P as provided below. 2. If a front, rear or side yard abuts a Commercial Mixed-Use District,then the yard which abuts such District shall meet the dimensional requirements of the District which abuts such front, rear or side yard. 3. No parking exists in the front yard. 4. No accessory structure is located in the front yard. Parks, Open Space, Plaza (public or private) P P Schools C C All education facilities, except elementary or middle schools, Trade school C C C C C must have at least one property line abutting and all points of ingress/egress directly to an arterial, suburban or activity corridor COMMERCIAL Clinic C C At least one property line abutting and all points of ingress/ egress directly to an arterial,suburban or activity corridor Professional and business offices (le., doctor, P P lawyer, architect) City of Lansing Zoning Ordinance 45-5 Back Article TIC. Defin, lutap Uses P = Principal Permitted Use N C = Conditional Use d Z ZZ S = Special Land Use Conditions N i Animal Hospital C C No kennels cKennel C C I.Structures must be setback at least 50 feet from each adjacent residential lot line V 2. Lot size of at least 3 acres for a kennel having an outside exercise run or treatment area 3. Outside exercise run or treatment area must be located at least 100 feet from all lots lines and at least 400 feet from an adjacent residential lot line Golf courses S Parking Structure C C C I. Parking structures are encouraged to be lined on exterior elevations by non-parking uses. 2. On Activity Corridors, the first floor shall have a minimum depth of 20 feet to be occupied by commercial uses permitted in the district. 3.Access drives shall be permitted on the ground level, provided they are collectively no more than 25% of the frontage. 4.The facade of the parking structure shall be integrally designed with the architecture of the overall building, utilize the same building materials, provide an architectural treatment at the top of the structure, such as a cornice, and have wall openings with proportions that comply with the fenestration requirements in Section 1246.04 5. New parking structures shall be designed with a upper story minimum clear height of 9'. Mini-golf P Self-storage rental P P P RESIDENTIAL Multiple-family dwelling P P Two-family dwelling P P HUMAN (ARE FACILITIES 109 Child care centers, preschools and C C At least one property line abutting an arterial,suburban or commercial day care activity corridor Adult foster care large group home (13 to S S 20 adults) Accessory uses customarily incidental to any of the above principal uses are allowed provided the Zoning Administrator may require additional parking or compliance with other standards upon a determination that such use may impact site operations beyond that of the Principal Use. All activities shall take place within a completely enclosed building unless otherwise indicated. 45-6 City of Lansing Zoning Ordinance Back Ar� Y,O,C. Defin. --ilolep Uses 1245.04 IND-I Suburban Industrial Illustrative exam le of the intent of this district 76 ,t N Cz i ■ i r i'F C Z_ N V j f 01 H_ G IN 'v a� a 1. 1245.04.01 IND-I SUBURBAN INDUSTRIAL DISTRICT 1245.04.02 IND-I SITE LAYOUT REQUIREMENTS INTENT BUILDING The IND-1 district is intended for light-to-medium intensity Minimum Height 16' industrial uses including Research & Development, manufacturing, warehousing and similar uses. IND-I districts are distinct Maximum Height 45' from other industrial districts in that the setting is of a more See Section 1250.03.02 for height exceptions suburban style industrial park with low rise buildings,with ® Required Upper For the elevation adjacent to a relatively larger lots with expansive lawns. floor Step-Backs residential district,the floors above - when adjacent the second story shall be tiered-back to R-1 through so that the highest point of the R-6 districts building is setback from the adjacent residential district a distance at least equal to the height of the building. Minimum 50% Frontage, Primary p Street ®Minimum 25% C� �., •' T Frontage, �. `'': Secondary Street These standards apply to principal and accessory buildings. Q \ . 0 City of Lansing Zoning Ordinance 45-7 Emmons Article TU.C. Defin. Map Uses 1 BUILDING Sidewalks 8' minimum width required on all a O non-local street types. 5' minimum 4 width required on local streets. : ®Front Setback Arterial Corridor Min. 25' a O Suburban Min. 25' (include Corridor 20 landscape N greenbelt) ?® Activity Corridor Min. 25'/max 40' c Z Prime Connector Min. 25' (include 20' landscape greenbelt) N o Neighborhood Min. 25' Connector d Local Street Min. 25' ®Minimum Side Setback 10, ®Minimum Rear Setback 10, ®Minimum Setback from Whichever is Greater:A: Match to Adjacent Residential double the setback in adjacent Districts residential district; or B: Equal to (adjacent residential includes building height directly abutting residential or across the street from residential) ® Maximum Lot Coverage 45% See Section 1250.04.01 for placement of accessory buildings. 109 0 4a 45-8 City of Lansing Zoning Ordinance Back Article TU,C. © tap Uses PARKING/LOADING ®Allowed Surface Parking One single-loaded bay in front i Locations g Side or rear parking allowed. 76 ® Side and Rear Parking Lot 8' landscape buffer , p Setback / Screening from non-industrial districts - C Required Parking Spaces See Table 1254.01.03 and Section 1254.01.04 for parking reductions c Loading Bays Not permitted in front yard Z Trucl( turnip templates and g p See Section 1254.01.17 access to loading must be H delineated on site plan o ACCESSORYOUTDOOR STORAGE Outdoor storage of equipment, vehicles, or materials shall be associated with the principal use. See Section 1250.02.07 for more on Vehicle Storage. Accessory outdoor storage shall be screened from adjacent residential and public streets and shall not be located in the front yard. See Section 1252.09(e) The Zoning Administrator may require the area identified on the site plan. See also CHAPTER 1250 GENERAL PROVISIONS. City of Lansing Zoning Ordinance 45-9 Back Article T.CS.�. �efin, lutap Uses 1245.05 IND-2 General Industrial H - 75 ti,ey ' �. y � H � �+ W •i r { , r .F 1245.05.01 IND-2 GENERAL INDUSTRIAL DISTRICT INTENT The IND-2 district is intended for a wide range of industrial uses ranging from medium intensity,such as contractor yards and warehousing, to larger scale heavy industrial uses such as vehicle manufacturing plants, processing or storage and distribution of raw materials,trucking terminals and similar uses. This district also provides for higher intensity extractive uses and landfills, though given the urban character of the city, those types of uses have extensive regulations to ensure compatibility with surrounding land uses and the environment. 109 0 4a 45-10 City of Lansing Zoning Ordinance J� T Back Artic e TU,C. Defin. dap_ 1245.05.02 IND-2 SITE LAYOUT REQUIREMENTS (a) BUILDING MASSING Minimum Height 16' i Maximum Height 60' 76 - - See Section 1250.03.02 for height exceptions • ®Required Upper floor Step-Backs For the elevation adjacent - when adjacent to residential to a residential district, the 0 districts or uses floors above the second Z story shall be tiered- H back so that the highest N point of the building is c setback from the adjacent V residential district a distance at least equal to i the height of the building. • ``,� � r Minimum Frontage, Primary Street 0% _ I ® Minimum Frontage,Secondary 0% Street These standards apply to principal and accessory buildings.(b) BUILDING PLACEMENT k Sidewalks 8' minimum width required on all non-local street types. 5' minimum width required on local streets. ®Minimum Front Setback 25' (if less than 50% of buildings on blockface to be retained are residential, may be 0') ® Minimum Side Setback 0' allowed provided meet building code for firewall, otherwise, minimum 10, ®Minimum Rear Setback 0' ® Minimum Setback from Whichever is Greater:A: Match to Adjacent Residential double the setback in adjacent Districts residential district; or B: Equal to (adjacent residential includes building height directly abutting residential or across the street from residential) ® Maximum Lot Coverage 60% See Section 1250.04.01 for placement of accessory buildings. See also CHAPTER 1250 GENERAL PROVISIONS. City of Lansing Zoning Ordinance 45-1 1 Emmons Article T.O.C. n: Alap uses (c) PARKING/LOADING Allowed Surface Parking Side or rear only m -- - Locations 75 qm ® Side and Rear Parking Lot 8' landscape buffer. E p Setback / Screening from 75 non-industrial districts Front Parking Lot Setback / 8' landscape buffer Screening = _.�._.._�.._.._. c Required Parking Spaces Parking per Chapter 1254 Z See Table 1254.01.03 and Section 1254.01.04 for parking H reductions 'c Loading Bays Not more than 50% of front Truck turning templates and yard frontage access to loading must be See Section 1254.01.17 delineated on site plan OUTDOOR Outdoor storage of equipment,vehicles, or materials shall be associated with the principal use. Accessory outdoor storage shall be screened from adjacent residential and public streets and shall not be located in the front yard. See Section 1252.09(e) The Zoning Administrator may require the area identified on the site plan. 109 0 45-12 City of Lansing Zoning Ordinance Back Article ' Tt7,C. D , julep �ses 1245.06 IND-3 Urban Industrial T . y 1 ' WIN (R l y � .fir- _ k ! •t.-.. ___ � �yy ■ +• p 4 \ Z 1 p C� %v v CU C� V) 1245.06.01 IND-3 URBAN INDUSTRIAL DISTRICT INTENT The IND-3 district generally applies to areas in the city that have long been used for a variety of industrial uses. A distinction of the IND-3 District is that it includes many older multi-story industrial buildings in a more urban setting with shallow building setbacks often nestled into areas adjacent to older residential neighborhoods. Uses permitted range from office and research to manufacturing,with some uses offering goods or services for sale directly to the general public, such as heavy auto repair and lumber yards. City of Lansing Zoning Ordinance 45-13 Back Article T.C.C. x Defin. Map Uses 1245.06.02 IND-3 SITE LAYOUT REQUIREMENTS BUILDING Minimum Height 16' -a Maximum Height 60' � See Section 1250.03.02 for height exceptions i M ® Required Upper floor Step- For the elevation adjacent to r �r c Backs a residential district,the floors Z - when adjacent to above the second story shall residential districts or uses be tiered-back so that the y highest point of the building o is setback from the adjacent residential district a distance at least equal to the height of the building. Minimum Frontage, Primary 75% Street -O_# �.._•- ;" ®Minimum Frontage, Secondary 25% 1 © a Street _ These standards apply to principal and accessory buildings. ', O Q ¢ 1 BUILDING Sidewalks 8' minimum width required on all non- local street types. 5' minimum width — required on local streets. ® Front Setback Arterial Corridor 0' min/15' max Activity Corridor 0' min/15' max Local Street 0' min/30' max ® Minimum Side Setback 0' allowed provided meet building code for firewall, otherwise, minimum 10' ® Minimum Rear Setback 0' ® Minimum Setback from 10' + I'setback for each I' height Adjacent Residential above 10' Districts (adjacent residential includes directly abutting residential or across the 109 street from residential) ® Maximum Lot Coverage 75% 0 See Section 1250.04.01 for placement of accessory buildings. 4aSee also CHAPTER 1250 GENERAL PROVISIONS. 45-14 City of Lansing Toning Ordinance Back (c) PARKING/LOADING ®Allowed Surface Parking Side or rear only Locations ti ®Side and buffer. Buffer may Rear Parking Lot 8' landscape 1 N Setback / Screening from non- be reduced to 5'with 6' opaque 41 -a industrial districts fence or screen wall when adjacent to R-I through R-6 districts r- . Front Parking Lot Setback / 8' landscape buffer which may Z Screening be reduced to 5'with a 3' masonry knee wall at Build-to Line. c Required Parking Spaces Parking per Chapter 1254 See Table 1254.01.03 and Section 1254.01.04 for parking reductions Loading Bays Not permitted in front yard Truck turning templates and access See Section 1254.01.17 to loading must be delineated on site plan (d) ACCESSORY OUTDOOR Outdoor storage of equipment, vehicles, or materials shall be associated with the principal use. Accessory outdoor storage shall be screened from adjacent residential and public streets and shall not be located in the front yard. See Section 1252.09 The Zoning Administrator may require the area identified on the site plan. City of Lansing Zoning Ordinance 45-15 Back � Article Tt7.C. Defin. Map ,,,iJse3 ,- 1245.01 INST-I Suburban Institutional Illustrative example of the intent of this district IL 00, 00 cc3 xl 00 go Z ,'t 4%p 0 1 , 00 00 1245.07.01 INST-I SUBURBAN INSTITUTIONAL 1245.07.02 INST-I BUILDING TYPES DISTRICT INTENT The following building types are suggested to meet the intent The INST-I Suburban Institutional Campus district is established of this district. The table below shows which building types for the development of major educational, governmental, and are suggested along the various street types in this district. medical facilities and other complementary and supporting Architectural regulations and Building Types are further uses such as office developments and attached residential.The described in CHAPTER 1246 — BUILDING TYPES. Suburban Institutional district encourages campus-type character, which includes landscaped open space between buildings, a green STREET TYPE buffer at the perimeter, and uniform site design and details. 0 C o CC CC W_ d C 0 O Z � V LAJ v cD CD ,.. CD m C m V oC CD Q = Q S to V' W 109 Z Flats / Lofts X X X X X Storefront Mixed-Use X X X X X Mid-Rise / High-Rise X X X X X 0 Tower & Podium X X X X X Urban Office X X - X X X Parking Structure X X X X - Parking structures must be lined on Activity Corridors with commercial uses per Table 45-16 City of Lansing Toning Ordinance gatk Article' TCS,C. De�in. dap 1245.07.02 INST-I SITE LAYOUT REQUIREMENTS (a) BUILDING MASSING Minimum Height 16' o '` O 0 Maximum Height 60' O Buildings of greater than the maximum height may be allowed provided side and o rear yards are increased above the minimum required yards N by one foot for each foot of Z building height that exceeds the maximum height allowed. See Section 1250.03.02 for c height exceptions. %J d See Section 1250.03.02 for height exceptions. , ® Required Upper floor Step- For the elevation adjacent to Backs a residential district, the floors - when adjacent to R-I above the second story shall through R-6 districts 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. ® Minimum Frontage, Primary 75% Street _ ® Minimum Frontage,Secondary 25% Street , These standards apply to principal and accessory buildings. O(b) BUILDING PLACEMENT i Sidewalks 8' minimum width required on all non-local street types. 5' minimum width required on local streets. — ®Setbacks 30' min. ® Maximum Lot Coverage 75% See Section 1250.04.01 for placement of accessory buildings. City of Lansing Zoning Ordinance 45-17 Back Article 'fCJ.C. Defin. Map Uses (c) PARKING/LOADING ®Allowed Surface Parking Arterial Front/Side/rear Locations Corridor �, ry °� ' Suburban Front/side/rear Corridor Activity Side/rear Corridor Prime Front/side/rear Connector Neighborhood Front/side/rear Z Connector Local Street Front/side/rear V N_ ®Side and Rear Parking Wherever an off-street parking c Lot Setback / Screening area is adjacent to a residential from non-industrial district, there shall be a minimum districts 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. Required Parking Spaces Parking per Chapter 1254 See Table 1254.01.03 and Section 1254.01.04 for parking reductions Loading Bays Not permitted in front yard Truck turning templates and See Section 1254.01.17 access to loading must be delineated on site plan Drop-Off Zones Permitted at the rear, side or front of the building 109 0 45-18 City of Lansing Zoning Ordinance Back Article ' Tt7,C. D , julep Uses 1245.08 INST-2 Urban Institutional 9l% +tom_ to to {oll { fV klq N * Y �..1 INS 1245.08.01 INST-2 URBAN INSTITUTIONAL DISTRICT 1245.08.02 INST-2 BUILDING TYPES INTENT The following building types are suggested to meet the intent The INST-2 Urban Institutional Campus district is established of this district. The table below shows which building types for the development of major educational, governmental, and are suggested along the various street types in this district. medical facilities and other complementary and supporting uses Architectural regulations and Building Types are further such as office developments and attached residential.The Urban described in CHAPTER 1246 — BUILDING TYPES. Institutional district encourages a walkable character, uniform site design and details, and integration into the neighboring STREET TYPE urban mixed-use districts. 0 O o CC CC W To help ensure any future expansion of this district is consistent W o C o o z o � Z with the intent of this code,the applicant shall demonstrate o Z r..V o o Z o the following during a rezoning application: o Z o 0 J Z y V o OJ Q m ~ W = y eC 7 OG A. The expansion is a logical extension that abuts an existing m = m district boundary at least 200 feet in length. a a aQV Z B. The expansion has frontage along a non-local street or Flats / Lofts X X X X X all access must connect to a non-local street through the Storefront Mixed Use X X X X X existing district. - C. A conceptual design for the lot(s) must be described Mid-Rise / High-Rise X X X X X as part of a campus plan associated with the rezoning. Tower & Podium X X X X X X The concept plan shall demonstrate adequate buffering Urban Office X X - X X X from any adjacent residential use. The City may require Parking Structure X X *x X X X additional setback, landscaping or other design elements to help ensure compatibility with the adjacent land uses. City of Lansing Zoning Ordinance 45-19 Back � Article T.t7.C. � Defin. � Map U5e5 1245.08.03 INST-2 SITE LAYOUT REQUIREMENTS BUILDING Minimum Height 16' p o, i, 11 ,l;.,,of 01+j1 Maximum Height 60, 1 1, jo go See Section 1250.03.02 for height exceptions �` r ® Required Upper floor Step- For the elevation adjacent to o Backs a residential district,the floors N Z - when adjacent to R-I above the second story shall through R-6 districts be tiered-back so that the highest point of the building is setback from the adjacent c residential district a distance at least equal to the height of the building. Minimum Frontage, Primary 75% Street I ® Minimum Frontage, Secondary 25% 1 Street These standards apply to principal and accessory buildings. 1 BUILDING Sidewalks 8' minimum width required on all non-local street types. 5' minimum width required on local streets. " "" PRp rY 4 ®Setbacks Activity Corridor 0' min/15' max w�n,n�YS�FE All other street Whichever is types Greater:A: Allow extension of established setback along frontage; or B: Match to double the setback in adjacent residential district 109 ®Maximum Lot Coverage 100% See Section 1150.04.01 for placement of accessory buildings. 45-20 City of Lansing Zoning Ordinance Back Arti a TC?,C. Defin. dap_ Uses PARKING/LOADINGSee also CHAPTER 1250 GENERAL PROVISIONS. ®Allowed Surface Parking Arterial Front/Side/rear Locations Corridor 1 •�», ,,,,;,,�,� Suburban Front/side/rear o Corridor .Y Activity Side/rear Corridor Prime Front/side/rear + Connector r I.L Neighborhood Front/side/rear Z Connector Local Street Front/side/rear ®Side and Rear Parking Lot 42"screen wall e Setback / Screening from non-industrial districts Required Parking Spaces Parking per Chapter 1254 See Table 1254.01.03 and Section 1254.01.04 for parking reductions Loading Bays Not permitted in front yard Truck turning templates and See Section 1254.01.17 access to loading must be delineated on site plan Drop-Off Zones Permitted at the rear, side or front of the building City of Lansing Zoning Ordinance 45-21 This page intentionally left blank. 45-22 City of Lansing Zoning Ordinance Chapter BuildingTypes DRAFT OCTOBER 2017 City of Lansing Zoning Ordinance Back Article TO.C. Defin. Map Uses 1246.01 Introduction • This Chapter sets forth the standards applicable to the various building types allowed in the City of Lansing. These standards supplement those stated for each Zoning District. These standards are intended to result in construction and development that ,_i— reinforces the vision established in the Design Lansing Comprehensive Plan. 1246.02 Applicability 1246.02.01 RESIDENTIAL, SERVICE, RETAIL,ACCESSORY,AND INDUSTRY, MANUFACTURING & PROCESSING USES The requirements of this Chapter shall apply to all proposed development with Residential,Service, Retail,Accessory, and Industry, Manufacturing & Processing uses and shall be considered in combination with the standards for the applicable Zoning District and the rest of the zoning ordinance. 1246.02.02 RECREATION, EDUCATION, PUBLIC ASSEMBLY, TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE USES Development with Recreation, Education, Public Assembly,Transportation, Communications and/or Infrastructure uses shall comply with the standards for the applicable Zoning District, but shall not be required to meet the standards in this Chapter. 1246.02.03 ADDITIONS OR MODIFICATIONS TO EXISTING BUILDINGS Building additions to buildings built prior to the adoption of this form-based code shall apply the building type that most closely matches the existing building, as determined by the Zoning Administrator. 1246.03 Appeals The Zoning Administrator shall consider what is planned for the district, location of parking, compatibility of materials, massing, windows, setbacks, and functionality of use in building in determining whether it is consistent with the existing building and surroundings. 109 0 46-2 City of Lansing Zoning Ordinance Back Article TU,C. Defin. Map Uses 1246.04 Architectural Regulations 1246.04.01 General Architectural Standards a (a) No part of any building may project forward of the build-to line except overhanging eaves, awnings, shopfronts, bay windows, ~tX0 stoops, steps, balconies, or handicapped ramps approved by the Zoning Administrator. E (b) Stoops and Front Porches m (1) Shall not extend into the public right-of-way. (2) All required front porches shall be completely covered by a roof. (3) Front porches may be screened (insect screening) when all architectural elements (columns, railings, etc.) occur on the outside of the screen facing the street-space (4) Finished floor height shall be no more than 8 inches below the first interior finished floor level of the building. (c) Awnings/Overhangs When an awning or overhang is incorporated into a building, the following requirements must be met: (1) Minimum 10 feet clear height above sidewalk, minimum 5 feet depth out from the facade. Maximum projection to within I foot of back of curb where there are no street trees, or I foot into the tree-planting strip. (2) Canvas cloth or equivalent (no shiny or reflective materials). (3) Metal and glass are permitted,when configured as a marquee over an entrance. (4) No internal illumination through the awning/overhang. (5) Lettering on awnings limited to 6 inches tall on vertically hanging fabric at curb side of awning. (6) No one-quarter cylinder configurations. (7) Awnings and overhangs shall complement the fenestration pattern of the building facade. (d) Balconies: (1) Shall not be located within 5 feet of any common lot line and shall not encroach into the public right-of-way. (2) Balconies may be a single level or multiple balconies stacked vertically for multiple stories. (3) Where Residential Districts include balconies as a method for achieving the required private open area,the balcony: a. Shall be enclosed by balustrades, railings, or other means that block at least half of the view through them; b. Shall not otherwise be enclosed above a height of 42 inches, except with insect screening and/or columns/posts supporting a roof or connecting with another balcony above; and (e) Windows (1) Glass shall be clear,with light transmission at the ground story at least 90 percent and for the upper stories 15 percent (modification as necessary to meet any applicable building and energy code requirements). (2) Ground story windows may not be made opaque by window treatments (excepting operable sunscreen devices within the conditioned space). (3) A minimum of 80 percent of the ground story window surface shall allow a view into the building interior for a depth of at least 12 inches. City of Lansing Zoning Ordinance 46-3 Back Article T.CS.C. Uefin, lutap Uses 1246.04.02 RESIDENTIAL BUILDING First Floor Clear Height 8' min. Upper Floors Clear Height 8' min. a Ground Floor Finish Elevation minimum 18"with stairs.ADA accessible units with ramp access permitted with approval. Above/Below Sidewalk Where the first floor is occupied by a lobby, office, or common space and no dwelling are located on the first floor along the front of the building, then the first floor may be at the m same grade as the sidewalk Porch or Stoop Each residential unit with a separate entrance shall include a stoop of not more than 5' deep and 6'wide (not including steps or ramp) or a porch between 1' and 9' deep that projects no more than 1' into the front setback and with a width of not less than 65% of each unit with a separate entrance.Where the first floor is occupied by a lobby, office, or common space and no dwelling are located on the first floor along the front of the building,then a stoop or porch is not required. Building Access At least one entry must face onto and connect to the primary street. Secondary entries permitted from the side or rear. Maximum recessed entry of 5'. Minimum Primary Ground Floor 20% Fenestration Facade Upper Floors 20% Percentage Secondary 10% per floor Elevations Allowed building materials on Brick or stone siding,wood siding,vinyl siding,fiber clapboards. Material must be consistent primary facades (i.e. facing with adjacent residential character. Other materials as determined by Zoning Administrator onto a street) Allowed building materials on Same as primary facades, but also including decorative metal,wood; EIFS (on upper floors secondary facades (i.e. those only); other similar materials as determined by Zoning Administrator. not facing onto a street) Roof Types Pitched: between 4:12 and 12:12 slope Flat roof:with cornice and parapet All rooftop mounted HVAC and mechanical equipment shall be screened from view on all sides of the building. Roof Materials Primary Material Asphalt,fiberglass, tile, slate (for pitched Accent Material Standing seam metal roofs) (up to 25%) Primary Facade Articulation Walls over 30' in length must include design articulation,windows or recesses Primary Facade Ground Floor Ground floors shall be differentiated from the floors above by a horizontal expression line such Articulation as a string course, change in material or textures, awnings or canopies, or sign band. Service Services and utility hookups shall not be visible from the primary street frontage, preferably located in the rear yard. Required Open Space (outside of Private space. Minimum 100 square feet per unit. Minimum dimensions 10'x 10'. Private Frontage and setback areas.) open space may be accommodated by balconies, decks or terraces. 46-4 City of Lansing Zoning Ordinance I �l 1246.04.03 COMMERCIALMIXED-USE Second Floor Finish Elevation 14' min. Upper Floors Clear Height 8' min. a Ground Floor Finish Elevation Max of 6" above adjacent sidewalk with ramp Above/Below Sidewalk wo s= Minimum Fenestration Storefront 60% Percentage Non-storefront Ground Floor 40% m Upper Floors 20% Allowed building materials on Brick (masonry);stone; other similar materials as determined by Zoning Administrator primary facades (i.e. facing onto a street) Allowed building materials on Same as primary facades, but also including decorative metal,wood; EIFS (on upper floors secondary facades (i.e. those only); other similar materials as determined by Zoning Administrator not facing onto a street) Roof Types Pitched: between 4:12 and 12:12 slope Flat roof:with cornice and parapet All rooftop mounted HVAC and mechanical equipment shall be screened from view on all sides of the building. Roof Materials Primary Material Asphalt,fiberglass, tile, slate (for pitched Accent Material Standing seam metal roofs) (up to 25%) Primary Facade Articulation Walls over 30' in length must include design articulation,windows or recesses Primary Facade Ground Floor Ground floors shall be differentiated from the floors above by a horizontal expression line such Articulation as a string course, change in material or textures, awnings or canopies, or sign band. Building Access At least one entry must face onto and connect to the primary street. Secondary entries permitted from the side or rear. Maximum recessed entry of 5'. Service Services. Services and utility hookups shall not be visible from the primary street frontage, preferably located in the rear yard. ftk 00 City of Lansing Zoning Ordinance 46-5 Back Article T.i7.C. Uefin, Map Uses BUILDING1246.04.04 INDUSTRIAL Second Floor Finish Elevation 14' min. Ground Floor Finish Elevation Max of 6" above adjacent sidewalk with ramp Above/Below Sidewalk Minimum fenestration on 30% primary facade Allowed building materials on Brick (masonry); stone; other similar materials as determined by Zoning Administrator primary facades (i.e. facing onto a street) Allowed building materials on Same as primary facades, but also including decorative metal,wood; EIFS (on upper floors secondary facades (i.e.those only); other similar materials as determined by Zoning Administrator not facing onto a street) Roof Types Pitched: between 4:12 and 12:12 slope Flat roof:with cornice and parapet All rooftop mounted HVAC and mechanical equipment shall be screened from view on all sides of the building. Primary Facade Articulation Walls over 30' in length must include design articulation,windows or recesses Primary Facade Ground Floor Ground floors shall be differentiated from the floors above by a horizontal expression line. Articulation Building Access At least one entry must face onto and connect to the primary street. Secondary entries permitted from the side or rear. Service Services, utility hookups, loading docks and trash/recycling containers shall not be located on the front of the building, and must be screened if visible from the street. 109 0 46-6 City of Lansing Zoning Ordinance Back Article T.O.C. l7efin. Map' Uses 1246.05 Example Building Types The following sections illustrate how different types of buildings can meet the intent of the districts in Chapters 1243-1245 and • the Architectural Standards of Section 1246.04 a 1246.05.01 Detached House Illustrative examples of the intent of this building m �.'' r (a) DESCRIPTION A Detached House is a dwelling unit typically occupied by a single-family household. Detached Houses include one-, one- and-a-half, and two-story dwellings. In the DT-I district, Detached Houses have been converted to offices.The design and character of a detached house in a given location should be consistent with and reinforce the character of the surrounding neighborhood. (b) APPLICABILITY A Detached House is the suggested building type in all residential districts and applicable to most road types.While compatible as"grandfathered in" historic structures, new Detached Houses within higher density residential districts (R-MX and MFR), DT-I, and fronting Arterial,Suburban, and Activity corridors are not generally encouraged. See also Section 1244.02 - General Development Requirements for Dwelling Units. City of Lansing Zoning Ordinance 46-7 Back m Article #.O,C:' n: 1�lap 'Uses'; 1246.05.02 Attached Residential N d uQ m Illustrative examples of the intent of this building io it � b Ali— ' ll C� (a) DESCRIPTION Attached residential building types may take the form of small apartment buildings or duplexes integrated into an urban neighborhood or townhouses.Attached Residential buildings should be designed to complement the size,scale, character, and architecture of the surrounding residential district. Attached residential buildings may be designed as side-by-side and/or stacked units and provide a dedicated point of entry for each residential unit or common entry. (b) APPLICABILITY Attached residential buildings are applicable in higher density 00 residential and mixed-use districts that serve as a transition between commercial or mixed-use districts and residential 0 neighborhoods: R-MX, R-AR, MFR, S-C, MX-C, MX-1, DT-1, DT-2. See also Section 1244.02 - General Development Requirements for Dwelling Units. 46-8 City of Lansing Zoning Ordinance ] T i� Back krti a T.O.C. De�in. dap_ Uses 1246.05.03 Urban Mixed-Use Illustrative example of the intent of this building I tX0 i '1 v 1 1 t (a) DESCRIPTION The purpose and intent of the Urban Mixed-Use building type is to provide a high character pedestrian scaled building that is flexible and mixed in its uses. Typically, ground floor uses include retail, entertainment, dining, and professional services with high transparency window areas creating a connection between the sidewalk and building interiors. Upper floor uses typically includes a mixture of residential and office space. The building form and mass is intended to reinforce pedestrian comfort, walkability, and activity. Larger buildings shall be broken up into multiple store-fronts each with their own entries. (b) APPLICABILITY Urban mixed-use buildings are a key building type for urban zones that provide pedestrian scaled buildings oriented on the street. They are less likely to be appropriate along local streets. City of Lansing Zoning Ordinance 46-9 Emmons Antic' T.O.C.; n: Ivl3p ,,.Uses 1246.05.04 Tower & Podium Illustrative example of the intent of this building r WRAI Who- IN (a) DESCRIPTION Tower & Podium buildings are buildings that consist of a large footprint base, typically 2-3 stories tall, and one or more towers that project upwards from a portion of this base. Tower & Podium type buildings are often used for hotel convention centers, hospitals, and other institutional or commercial activities. The base (podium) levels of the Tower & Podium buildings are intended to be pedestrian oriented facades that encourage an active street frontage. 109 (b) APPLICABILITY Tower & Podium buildings are applicable to the most dense commercial districts (Downtown (ore) as well as designated 0 institutional districts (INST-1 and INST-2). 46-10 City of Lansing Zoning Ordinance Back Article T•U•C. �efin. Map Uses 1246.05.05 Commercial Flex Illustrative example of the intent of this building 1 � a bo - r lop r r Jam• �ri �y PA i n I i J (a) DESCRIPTION Commercial Flex buildings provide opportunities for diverse buildings types - to accommodate a diverse range of uses - in medium density urban environments while retaining a building facade that supports the downtown character. Commercial Flex buildings are 1-3 floors in height and may include high bay spaces to accommodate light industrial or other non-storefront oriented commercial uses. Building facades are oriented towards the street and designed in a pedestrian friendly manner with adequate window transparency and articulation. (b) APPLICABILITY Commercial Flex buildings are suggested in the Urban Flex (DT-2) and Urban Industrial (IND-3) districts. City of Lansing Zoning Ordinance 46-1 1 Back Artie' #.O,C:' n: 1�lap 'Uses'; 1246.05.06 Parking Structure a n d n 111 mple of th its building ------- _ 10 r p ��+ (a) DESCRIPTION Parking Structures provide multiple levels of vehicle parking in higher density locations. Parking Structures are designed to fit the architectural character and context of the urban environment. Open air openings into the parking area and other horizontal or vertical elements should provide an attractive facade that reinforces the pedestrian experience. Parking structures are encouraged to be lined on the exterior by residential, office, and retail, and are required to have the first floors occupied for the first 20 feet by commercial uses along Activity Corridors. (b) APPLICABILITY 0 Parking garages are applicable in higher density districts where there is not sufficient space or desire for surface parking lots. 46-12 City of Lansing Toning Ordinance ] T i� Back Arti a T.O.C. Defin. Map' Uses 1246.05.07 Suburban Commercial Illustrative example of the intent of this building I N d Q� Vn. �a L y (a) DESCRIPTION Suburban Commercial buildings are designed to balance the needs of automobile access to commercial uses (stores, retail, etc.) while still retraining a strong design character and relationship to the street environment that is welcoming to pedestrians and creates an effective transition to non-commercial areas. Commercial buildings are typically 1-2 floors in height, and can accommodate big-box style commercial uses if needed. Individual storefronts within a building should be clearly defined and distinct and sidewalks connect front entrances to the public sidewalk. Suburban commercial buildings can incorporate a mixture of non-residential uses. (b) APPLICABILITY Suburban commercial buildings are the primary building type for the Suburban Corridor district (SC) and are used along Arterial, Suburban, and Prime Connector streets.This type of building is not intended for Activity Corridors, Neighborhood Connectors, or Local Streets. City of Lansing Zoning Ordinance 46-13 Back � Article T.t7.C. D�-efi�n. tap lhe5 1246.05.08 Suburban Office / Research Illustrative example of the intent of this building tX d - 'n11-1g7j� r (a) DESCRIPTION Suburban Office/Research buildings are typically multi-story buildings with a primary entrance into a lobby space for accessing office, research, or institutional type uses. Buildings can be designed for a single tenant or for multiple different tenants to provide a mixture of uses within the building. (b) APPLICABILITY Suburban commercial buildings are a common building type for the Suburban Corridor district (SC) and can be used along a variety of roadway types. They can be used to transition away from more intense commercial activity towards neighborhood 109 residential areas. 0 46-14 City of Lansing Zoning Ordinance i� Back Artice T,O,C. l7Qfin. Map: 1246.05.09 Motor Vehicle Service Stations �. -- ///ustr fi"veJ exa ple Of t e. ote7rt aft 's butfdi , Q i (a) DESCRIPTION STREET TYPE Traditional suburban-style gas station design places the filling o pumps and canopy structure in the front or front corner of the o o W lot and the shop at the rear of the lot,which breaks the street o edge experience and disconnects the storefront from the sidewalk. o o Z o New gas stations should adopt a"gas backwards"approach along m urban corridors (MX-I, -2, -3, DT-2 where permitted),where filling m pumps and canopy are placed to the side or rear or the lot and the shop building occupies the front or front corner of the lot. Z Traditional configurations are acceptable in S-C and MX-C districts S-C X X X X X as long as the building form and conditional use standards are MX-C X X X X met. In both urban and suburban districts, the building should MX-I X X X X be designed to fit within the district's context and aesthetics. MX-2 X X - X X - - - - - - (b) APPLICABILITY MX-3 XDT-2 X X X Motor vehicle service stations are permitted with conditions in commercial mixed-use districts as described in Table 1245.03. They are less desirable for use along Activity Corridors and Local Streets. City of Lansing Zoning Ordinance 46-15 This page intentionally left blank.. N C1 �T taA C CG 46- 16 City of Lansing Zoning Ordinance ram--1 — Back TO.C. cefin. Maur Uses: Chapter 1 General Provisions DRAFT OCTOBER 2017 40D City of Lansing Zoning Ordinance Back Article T.i7.C. 1?efin. Map Uses 1250.01 SCOPE OF APPLICATION The standards and regulations listed in this Chapter shall apply to all uses, buildings and structures within all zoning except 0 where it is specified to be district- or use-specific. .N 1250.02 USE-RELATED REGULATIONS 7R d 1250.02.01 USES Determination of"Similar Uses": Since every type of potential use cannot be addressed in the Zoning Ordinance,the Zoning Administrator shall be authorized to permit"similar uses"which closely resemble the uses listed for a given zoning district. In making this determination,the Zoning Administrator shall use criteria including, but not limited to the nature of the use, scale, aesthetics, traffic generated, parking, potential impact on property values, noise,vibration, dust, smoke, odor, glare and other objectionable impacts in terms of health, safety and welfare, provided that the proposed use would not constitute a violation of any other Federal, State or local law or regulation. Once a proposed similar use is permitted,the proposed use shall comply with all standards and conditions that apply to that zoning district. 1250.02.02 HOME OCCUPATIONS A home occupation which meets all of the following conditions shall be permitted as an accessory use to any single family residential use or residential unit in a duplex: (a) No person, other than a member of the family residing in the dwelling unit, shall engage in the home occupation and no more than one primary caregiver, as that term is defined in the Michigan Medical Marihuana Act, being MCL 333.26421 et seq., as amended, shall engage in the activities of a primary caregiver on any lot. (b) The use of the dwelling unit as a home occupation shall be clearly incidental and subordinate to its use for residential purposes. (c) Not more than 20 percent of the gross floor area of the dwelling unit is used in any way for the home occupation. (d) No change occurs in the outside appearance of the dwelling. (e) No signs shall be posted on the lot advertising any home occupation. (f) The sale of goods does not occur in the dwelling unit or on the lot on which the dwelling unit is located. (g) No equipment is used, except equipment which is normally used for purely domestic or household purposes. Equipment not normally used for purely domestic or household purposes or any portion of the dwelling unit where energy use and heat generation resulting from the growth of marihuana exceeds levels reasonably attributable to residential uses are permitted if the Board of Zoning Appeals approves such use.The Board shall approve of such use if it is satisfied that the intensity of 109 use will not be increased to a level that will adversely impact any lot within 300 feet of the lot seeking Board approval and that any energy use and heat generation resulting from the growth of marihuana exceeding levels reasonably attributable to residential uses has been approved by the Fire Marshal or his or her designee and the Building Safety Office. (h) No activity related to the occupation occurring on the premises including clients, customers, or pickup and delivery vehicles shall adversely impact the surrounding neighborhood or the right of surrounding residents to quiet enjoyment of their property, including but not limited to,the creation of noise,vibrations, odors, heat, glare, unnatural light, or electrical interference detectable beyond the property line; or have any pickup or delivery by motor vehicle before 7:00 a.m. or after 7:00 p.m. and not more than a total of five (5) pickups, deliveries or customer/client visits each day during the permitted 50-2 City of Lansing Zoning Ordinance Back Article TC?,C. Defin. lutap Uses time. (i) For purposes of this subsection, any term defined by 21 USC 860(e) shall have the meaning given to it by 21 USC 860(e). No person who engages in the activities of a primary caregiver as a home occupation shall engage in the transfer, distribution, or administration to any patient: o N (1) Within 1,000 feet of the real property comprising a public or private elementary,vocational, or secondary school; a public or private college,junior college, or university; a playground; a church or other structure in which religious a 76 services are conducted; a facility at which substance abuse prevention services or substance abuse treatment and rehabilitation services, as those terms are defined in part 61 of PA 368 OF 1978, being MCL 333.6101 et seq., are offered; or (2) Within 100 feet of a public or private youth center, public swimming pool, or video arcade facility. (j) All marihuana plants shall be kept in an enclosed, locked facility, as that term is defined in the Michigan Medical Marihuana Act. (k) This section shall apply to every person engaging in the activities of a primary caregiver as a home occupation, regardless of whether or not the activities commenced prior to the enactment of this section. 1250.02.03 TEMPORARY BUILDINGS, STRUCTURES, USES AND EVENTS (a) Temporary Construction Buildings and Storage Trailers.Temporary construction buildings, structures, uses and storage trailers may be permitted, after review and approval of the building official,subject to the following conditions: (1) Temporary Construction Buildings a. Temporary buildings and structures may only be used for the storage of construction materials,tools, supplies and equipment for construction management and supervision offices, and for temporary on-site sanitation,solid waste or fuel facilities, related to construction activity on the same lot. b. No temporary building or structure shall be used as a dwelling unit. (2) Temporary Trailers a. Enclosed trailers may be used for the temporary storage of materials only in commercial and Industrial zoning districts and when such materials are in the process of being received or shipped. b. The trailer(s) shall not be used for permanent storage of materials. c. Each trailer shall be equipped with a current trailer license as issued by a state and be in proper operating condition to be used upon the streets and roadways of this state. d. The use of trailer(s) for temporary storage shall be limited to three trailers for the permitted principal use. (b) Temporary Outdoor Uses,Activities and Special Events (1) Temporary outdoor uses and activities, such as but not limited to art shows, sidewalk sales, carnivals, auto shows, and boat shows, may be approved for a period not to exceed 10 consecutive days; provided,the proposed use or event is found to be:temporary in character; not detrimental to adjacent property; not disturbing to the public peace; and will not create undue traffic congestion or hazards. Temporary events, accessory to and on the same lot as a principal permitted use, may be approved by the building official. Any temporary event that is conducted on public right-of-way or city owned property shall require city council approval. (2) Tent sales in a parking lot for individual businesses shall be permitted in all commercial and industrial zoning districts as an accessory use to a primary permitted use. All merchandise sold shall be that of the regular retail use in the principal building of the site. Each business shall be limited to one tent sale per calendar year for a maximum of 10 consecutive days. The area occupied by the tent sale shall not exceed 10% of the floor area of the permanent retail City of Lansing Zoning Ordinance 50-3 MMMMELAX� ►ticle Tt7.C. Defin. Map Uses space of the business and the longest dimension of the tent shall not exceed the width of the permanent retail space 1 of the business. Tent sales shall be located in a manner that does not conflict with site circulation for vehicles or pedestrians. A site plan shall be provided for administrative approval by the building official showing the location of the proposed tent, existing structures, sufficient off-street parking, utilities, lighting and signs prior to initiation of such 0 N activity 0 (c) Residential Temporary Uses and Structures (1) A temporary structure or a temporary use which meets all of the following conditions shall be permitted in a residential district: a. In the case of a temporary structure, a permit has been issued by the Building Safety Office authorizing the temporary structure. b. In the case of a temporary use, a permit has been issued by the Planning Division. In determining whether to issue a permit, the Planning Division shall review a request in accordance with the standards outlined in Section 1262.02(f)(1) to (9) and shall approve the request, deny it or approve it with conditions. c. The person issued a permit under subsection (c)(1) or (2) hereof agrees in writing to remove the temporary structure or cease temporary use pursuant to the permit. d. Permits issued under subsection (c)(1) or (2) hereof shall be for a period not to exceed two weeks, and upon request may be extended twice for a period not to exceed two weeks for each extension. (2) The temporary use of a permanent structure as a real estate office for the purpose of marketing new residential development which meets all of the following conditions shall be permitted in a residential district: a. The temporary use of the permanent structure is located within the residential development. b. The temporary use of the permanent structure shall be removed after three years, or after 90 percent of the residential development is sold,whichever comes first. 1250.02.04 (RESERVED) 1250.02.05 KEEPING OF ANIMALS (a) Definitions: WILD ANIMAL: Any animal not domesticated by humans or any animal which a person is prohibiting from possessing by Iaw.Wild animals shall include, but shall not be limited to,the families of the following: alligator, deer, opossum, badger,wild dog, dog-wolf, coyote,weasel, primate excluding humans, bear, raccoon, skunk,wild cat, lemur, marten, poisonous spider, poisonous lizard,snakes. LIVESTOCK: Horses, cattle,sheep, goats, poultry, pigs and other useful animals normally kept or raised on a farm, including pygmy goats and potbelly pigs. (b) Household pets. 109 (1) The keeping of household pets, including dogs, cats,fish, birds, hamsters and other animals generally regarded as commonly housed inside human dwellings as household pets, is permitted as an accessory use in any zoning district. (2) No more than three dogs,four months of age and older, shall be kept or housed in or at one dwelling unit. 0 (c) Wild animals.The keeping of wild animals, as defined in this ordinance, shall be prohibited in any residential zoning district: (d) livestock. No livestock or poultry shall be owned, kept, possessed, harbored or kept charge of except as provided for below: (1) No more than five (5) hens may be kept on any one- or two-family residential property, and no roosters, ducks, peacocks,turkeys or emus shall be allowed; 50-4 City of Lansing Zoning Ordinance Back Article Tt7,C. Defin. lulap Uses (2) Hens must be kept in an enclosure so constructed or repaired as to keep the hens confined on the owner's property, and to prevent rats, mice, or other rodents from being harbored underneath,within, or within the walls of the enclosure; 1 (3) A covered enclosure or fenced enclosure shall not be located closer than 10 feet from the property line of any adjacent property, nor closer than 40 feet from any residential structure on an adjacent property, unless the adjacent o property owner consents in writing; o (4) All feed and other items associated with the keeping of hens that are likely to attract or to become infested with or76 a infected by rats, mice, or other rodents, shall be protected so as to prevent rats, mice, or other rodents from gaining access to or coming into contract with them. (5) No person shall slaughter any hens. 1250.02.06 RESTRICTIONS ON DEMOLITION AND REUSE OF LOTS No permit for demolition of a primary structure may be issued if the intended use is for non-required parking or if the property on which the structure is located is zoned for nonresidential purposes and the intended use is for open space, unless the request satisfies one of the following: (a) The structure is being demolished to accommodate construction of a development plan approved by the City. A demolition permit being authorized under this condition shall not be issued until a site plan has been submitted to the City for review and approval in accordance with the requirements of Section (b) A special land use permit for parking has been approved by the Lansing City Council. (c) The owner of the property can demonstrate,to the satisfaction of the Director of the Planning & Neighborhood Development Department that: (1) Demolition of the structure will not disrupt the established land use/development pattern in the area in which it is located. (2) Redevelopment or reuse of the site will have no negative impacts on the adjoining property owners. (3) Redevelopment or reuse of the site will be consistent with the land use pattern being advanced in the master plan. (4) The additional parking is necessary to accommodate the parking needs of the use that it is intended to serve during a typical day and no other options for providing said parking are reasonably available. (5) The structure proposed for demolition is deemed to be a threat to the health, safety and welfare of the community by the City of Lansing Building Safety Office or Fire Department. 1250.02.07 VEHICLE PARKING, SERVICE,AND STORAGE (a) All Districts: (1) Commercial vehicles used as signs are prohibited. No commercial vehicle may be parked for a time period exceeding 48 hours for the intended purpose, as determined by the building official, of advertising a product or serving as a business sign. (2) All vehicles must be incidental to the primary use. (3) An accessory use on a lot shall not include the storage of junk or junk vehicles. (a) Residential Districts: (1) The parking or storage of the following shall not be permitted in a residential district within a completely enclosed building: a. A vehicle with three or more axles,with or without a trailer; City of Lansing Zoning Ordinance 50-5 0 0 Llx� icle TO.C. Defin. Map Uses b. A bus/motor coach, box truck,flat-bed truck,wrecker, semi-tractor/trailer, construction vehicle, farm vehicle or 1 equipment including, but not limited to, a trailer, backhoe or dump truck, c. A vehicle with a gross weight exceeding 10,000 pounds; and N s d. A vehicle which exceeds 12 feet in height or 35 feet in length. •N (2) The parking or storage of essential public service vehicles (e.g., ambulance) where the vehicle is operated by the 7R homeowner or the occupant of the dwelling is exempt from these provisions. d (3) An accessory structure shall not be used to service or repair a motor vehicle owned by a person other than a person residing on the premises on which the accessory structure is located. (4) An accessory use on a residential lot shall not include motor vehicle repair. "Motor vehicle repair"does not include minor motor vehicle service on a vehicle owned by a person residing on the premises,which is completed within a 24-hour period and is limited to: a. Changing oil or other fluids; b. Minor tuneup; c. Tire rotation; and d. Changing brake pads if the vehicle is supported in a safe manner. (5) No accessory structure may be a public garage. (6) An accessory use of a lot may include the parking of up to four operable vehicles or one operable vehicle for each licensed driver residing in the dwelling,whichever is greater. 1250.02.08 RECREATIONAL VEHICLE AND EQUIPMENT PARKING AND STORAGE IN RESIDENTIAL DISTRICTS Recreational vehicles and equipment shall include but not be limited to: travel trailers; camp trailers; tent trailers; campers and pickup campers;folding tent trailers; utility trailers; snowmobiles, boats and boat trailers;jet skis,floats and rafts, including transportation equipment; and manufactured motor homes and motorbuses, all designed to be used as a temporary dwelling for travel, recreational and vacation use or periodical and occasional recreational and vacation use. The following standards shall apply in all residential districts: (a) Recreational vehicles shall not be connected to sanitary facilities, shall not be occupied, and shall be locked at all times. (b) Recreational vehicles and equipment greater than eight feet in width or 32 feet in length shall not be parked or stored on any residential lot, except as otherwise permitted in this ordinance. (c) Recreational vehicles may be parked or stored in a rear yard only, except that one recreational vehicle, not exceeding 25 feet in length, may be parked or stored on an approved driveway within the front or side yard of a residential lot. (d) Except as otherwise permitted in this Section, recreational vehicles must be parked on a paved surface in the rear yard and 109 must be setback as least 3 feet from the side and rear property lines. (e) No more than two recreational vehicles shall be stored on a residential lot and in no case shall recreational vehicles occupy more than 10% of a rear yard. (f) Regardless of size, one recreational vehicle may be temporarily parked anywhere on a paved surface for up to 12 hours within a seven (7) day time period for the purpose of loading and unloading or for normal maintenance and cleaning. (g) Recreational vehicles and equipment may not be stored or parked on a residential lot for the purpose of making major repairs, refurbishing, or reconstruction of the recreational vehicle or equipment. 50-6 City of Lansing Zoning Ordinance Back Arfide TC?,C. Defin. lotap I Uses 1250.02.09 RESTAURANTS AND TAVERNS WITH OUTDOOR SEATING. 1 Outdoor seating areas accessory to a restaurant or bar are permitted subject to the following requirements: N (a) The seating area shall be delineated with railings or ornamental walls that are a minimum of three (3) feet tall. o N (b) Pedestrian circulation and access to the building entrance shall not be impaired.Access to the outdoor seating shall be provided only through doors leading into the building. a 76 (c) The seating area shall be kept free of debris and litter.Written procedures for cleaning and trash containment and removal d must be submitted. (d) Outdoor amplification shall be prohibited. (e) Additional signage shall not be permitted. (f) There shall be no outdoor preparation of food or beverages. (g) Confirmation of appropriate liquor licenses shall be submitted to the City, if proposed. (h) Requests for outdoor seating shall include submission of a site plan in accordance with Chapter 1260 to determine compliance with the above requirements. 1250.02.10 MEDICAL MARIHUANA (RESERVED) 1250.02.11 ADULT BUSINESSES (a) Intent. In the development and execution of this chapter, 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 deleterious effects upon the adjacent areas. Special regulations of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood.These 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 or next to residential zones. (b) Definitions.As used in this section, the following terms shall have the meanings indicated: ADULT BOOKSTORE.An establishment which excludes minors, as defined in M.C.L.A. 722.51 et seq., and has, as a significant portion of its stock in trade, books, periodicals, magazines, newspapers, pamphlets, pictures, photographs, motion picture films and/ or videotapes, or novelty items or paraphernalia 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 which exceeds 35 percent of the floor area of the establishment. ADULT BUSINESS.Adult bookstores, adult movie theaters, adult personal service businesses, adult cabarets, adult novelty businesses, massage parlors and nude modeling studios, or any combination thereof, as defined in this section,which meets one or more of the criteria defined in ADULT BUSINESS, SIGNIFICANT PORTION. ADULT BUSINESS, SIGNIFICANT PORTION.A business where a significant portion of the stock in trade or services provided meets at least one of the following criteria: (1) Thirty-five percent or more of the stock, materials, novelties or services provided are classified as adult materials and/or services as defined herein. (2) Thirty-five percent or more of the usable floor area of the building, is used for the sale, display and/or provision of services classified as adult materials and/or services, as defined herein. (3) The advertising (on signs, in publications, on television or radio and/or other media forms) associated with the business depicts, describes or relates to specified sexual activities and/or specified anatomical areas. City of Lansing Zoning Ordinance 50-7 r, - , i-E� "- -.7 , 0 Liz X .C. Defin 0 . Map Uses ADULT PERSONAL SERVICE BUSINESS.A business having as its principal activity a person,while nude or while displaying specified 1 anatomical areas, as defined herein, providing personal services for another person. Such businesses include, but are not limited to, modeling studios, body painting studios,wrestling studios and conversation parlors. o ADULT MOTION PICTURE THEATER.An establishment, in a completely enclosed building or room,which excludes minors,with a capacity for more than 50 or persons as defined in M.C.L.A. 722.51 et seq., and offers, for an admission fee, membership fee or other valuable consideration,the viewing of motion picture films,videotapes, pictures or photographs, cable television, satellite transmissions or other visual media,which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas, as defined herein,for the observation of patrons therein. ADULT MINI-MOTION-PICTURE THEATER.As defined above with a capacity for 50 or fewer persons. ADULT CABARET.An establishment (which may or may not include the service of food or beverages) having as an activity the presentation or display of male or female impersonators, dancers, entertainers,waiters,waitresses or employees who display specified anatomical areas, as defined herein. ADULT NOVELTIES. Objects, items, and/or devices offered for sale which are designed for sexual stimulation or which simulate human genitals. BUTTOCK. Includes the perineum and anus of any person. MASSAGE PARLOR.An enterprise of a nonmedical nature specializing in the manipulation of body tissues for remedial or hygienic purposes, as by rubbing, stroking, or kneading with the hand or instrument. MASSAGE. Offering for sale through the use of physical, mechanical or other devices,the manipulation of body muscle or tissue by rubbing, stroking, kneading, tapping or vibrating of the body of another. NUDE MODELING STUDIO.A place which offers as its principal activity the providing of models to display specified anatomical areas, as defined herein, for artists and photographers for a fee. OFFERED FOR SALE. Offered in exchange for money, a membership fee or any other valuable consideration. 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. (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES. Human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, fondling or other erotic touching of human genitals, pubic region or buttock or female breast. SODOMY. Sexual bestiality. SEXUAL INTERCOURSE. Genital coitus,fellatio, cunnilingus, anal intercourse or any other intrusion, however slight, of any person's body, or of any object into the genital or anal openings of another's body. (c) Location of Uses. 109 Any existing building or land, or new building hereafter erected, converted or structurally altered, used for an adult business,shall meet all of the following conditions: (1) No adult business, as defined herein,shall be permitted within a 1,000 foot radius of an existing adult business. Measurement of the 1,000 foot radius shall be made from the outermost boundaries of the lot or parcel upon which the proposed adult use will be situated. (2) No adult business, as defined herein,shall be permitted within a 110 foot radius of any residentially used or zoned land as depicted on the official Zoning Map and defined in this Zoning Code. Measurement of the 300 foot radius shall be made from the outermost boundaries of the lot or parcel upon which the proposed adult use will be situated. 50-8 City of Lansing Zoning Ordinance Back Article Tt7,C. t7efin. lutap Uses (3) No adult business, as defined herein,shall be permitted within a 300 foot radius of a school, library, park, playground, licensed group day care center, church, convent, monastery, synagogue or similar place of worship or other place of 1 public congregation. Measurement of the 300 foot radius shall be made from the outermost boundaries of the lot or parcel upon which the proposed adult use will be situated. 0 (4) No adult business, as defined herein,shall be permitted within the Capitol Center District, as defined in Section 1442.23(b) of the Building and Housing Code. a 76 (d) Miscellaneous Requirements. d (1) No person shall reside in or permit any person to reside in the premises of an adult business. (2) The provisions of this section regarding massage parlors shall not apply to hospitals, sanitariums, nursing homes, medical clinics or the offices of a physician,surgeon, chiropractor, osteopath, psychologist, clinical social worker or family counselor who is licensed to practice his or her respective profession in the State of Michigan, or who is permitted to practice temporarily under the auspices of an associate or an establishment duly licensed in the State of Michigan, clergymen, certified members of the American Massage and Therapy Association and certified members of the International Myomassethics Federation who have a current massage therapist license through the Lansing City Clerk. 1250.03 SUPPLEMENTAL DIMENSIONAL REGULATIONS 1250.03.01 PROJECTIONS INTO YARDS Certain architectural features may project into the required yards as follows: (a) PERMITTED PROJECTIONS INTO REQUIRED YARDS Projection front Yard Rear Yard Interior Side Corner Side Yard Yard Air conditioning equipment shelters Not permitted in a front yard Permitted up to 3 feet from any side or rear lot line Arbors and trellises Permitted up to 4 feet from any lot line Awnings and canopies 3 ft. 5 ft. 0 ft. 3 ft. Bay windows 3 ft. 5 ft. 0 ft. 3 ft. Eaves,overhanging 3 ft. 5 ft. 3 ft. 3 ft. Flagpoles Permitted up to 4 feet from any lot line Gutters 3 ft. 5 ft. I ft. 3 ft. Light standard,ornamental Permitted in any yard Mechanical equipment such as HVAC 1 5 ft. 3 ft. Paved terraces Permitted up to 3 feet from any lot line Unroofed porches and stoops* 3 ft. 5 ft. I ft. 3 ft. Stairways,open unroofed 3 ft. 5 ft. I ft. 3 ft. Steps 3 ft. 5 ft. I ft. 3 ft. Window air conditioning units 3 ft. 5 ft. I ft. 3 ft. * See additional regulations in this ordinance. 1250.03.02 SUPPLEMENTARY HEIGHT REGULATIONS The following structural appurtenances may be permitted to exceed the height limitations for the authorized use, as follows: City of Lansing Zoning Ordinance 50-9 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillillilIlI 11 Back Article fCJ.C. 17efin. Irtap Uses (a) Mechanical equipment, including water and gas meters, elevator shafts, stairways, tanks, heating,ventilation and air 1 conditioning equipment, and other similar equipment, located on the roof of any building shall comply with the following standards: o (1) All such equipment shall be screened by a solid wall, fence, landscaping and/or architectural feature that is constructed 0 of the same material and compatible in appearance with the principal building. (2) Roof-mounted equipment shall not exceed a height of ten (10) feet above the surrounding roof surface, and shall occupy no more than fifteen percent (15%) of the total roof area.When roof-mounted equipment is located on a building that is adjacent to a residential use or is in view from the adjacent roadway, appropriate architectural screening shall be required. (b) Structural extensions appropriate to the building design,such as cornices,shall be limited to five feet above the allowable height limit. 1250.03.03 SIGHT VISIBILITY AT CORNERS AND DRIVEWAYS (c) Corner Clearance at Street Intersections. No fence,wall, shrubbery, sign or other obstruction to vision above a height of three feet from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines at a distance along each line of 25 feet from their point of intersection, nor shall such obstruction to vision be permitted at the intersection of any driveway or alley and a street right-of-way line within a triangular area formed at such intersection by a straight line drawn between the driveway or alley line and the street right-of-way line at a distance along each line of 10 feet from their point of intersection. In those instances where such triangular area cannot be constructed on the property in question, a 10-foot setback shall be required between the property line and the driveway or alley. (d) Visibility at Driveways. No fence or hedge shall materially obstruct the vision of motorists entering any street or other public way open to vehicular traffic from a driveway adjacent thereto.The area of a lot to which this applies is the area within a triangle joining the point of the intersection of the lot line and the side edge of the driveway, a point on the driveway edge line 10 feet from such intersection (away from the right-of-way) and a point on the lot line 10 feet from such intersection (away from the driveway). 1250.04 SITE DEVELOPMENT REGULATIONS 1250.04.01 ACCESSORY BUILDINGS AND STRUCTURES (a) In General,Applies to All Districts (1) Accessory buildings and structures are permitted only in connection with and incidental to a principal building or use permitted within the zoning district in which it is located. (2) No accessory building or structure shall be occupied or utilized unless the principal structure to which it is accessory is 109 occupied or utilized. (3) An accessory building or structure must be located in the same zoning district as the principal building or structure on a lot. 0 (4) Where the accessory building or structure is structurally attached to a principal building or structure, it shall be subject to all the regulations of this chapter applicable to principal buildings and structures except as otherwise noted in this section. (5) Accessory buildings and structures shall not be occupied for dwelling purposes. 4a (6) Detached accessory structures shall not be permitted in a front yard and shall be set back at least three (3) feet from 50-1 0 City of Lansing Zoning Ordinance Back Article TC?,C. Defin. lutap Uses any side or rear lot line. Detached accessory structures that are 1,000 square feet or more in area shall be set back not less than six (6) feet from any side or rear lot line. If an accessory structure is attached to a structure containing 1 the principal use, it shall meet all dimensional requirements imposed upon the structure containing the principal use, except as provided in this section. 0 (b) Applies to Residential Districts (1) Single family residential lots shall have no more than one storage shed and one garage or detached carport. 76 a Residential lots that contain a legally conforming duplex may have one (1) accessory structure,which may be a garage, carport or storage building,for each unit. Multiple family residential lots may have one accessory building,which may be a garage, carport or storage building, for each legally conforming, multiple family residential building on the property. (2) The maximum floor area of an accessory structure, for each unit in a duplex,shall be 600 square feet on a lot less than 10,000 square feet in size and 720 square feet on a lot greater than 10,000 square feet in size. (3) The following size limitations shall apply to buildings that are accessory to a sin le farridy residential dwelling: Lot Size Maximum Square Footage Footage Footage (square foot) Detached Accessory Garagesl All Accessory Buildings Attached Garages Less than 5,000 600 800 600 5,000-7,800 720 1,000 800 7,801-10,800 110 1,050 800 10,801-21,780 840 1,200 1,000 21,181-43,560 1,000 1,200 1,000 43,560+ 1,200 1,400 1,200 (4) Accessory buildings and structures combined shall cover no more than 35% of a rear yard. (5) The floor area of additions and structures attached to the private garage, including, but not limited to, covered patios, decks,storage areas and carports,shall be included in calculating the total allowable floor area of that garage. (6) The floor area of a garage or carport space in a Planned Residential shall not exceed 110 square feet, per unit. (7) On through lots, an accessory structure located behind the principal structure shall conform to the front yard setback of the district in which it is located. (8) Uncovered and unenclosed decks, patios,terraces and porches elevated six (6) inches or more above grade in any residential district shall be set back a minimum of three (3) feet from any side lot line and may encroach eight (8) feet into the required front and rear yard setbacks. (9) An accessory structure shall not involve the operation of a business. (c) Applies to Non-residential Districts (1) The maximum building height of any detached accessory building shall be 15, as defined in Chapter 1240. (2) The design and building materials of any accessory building shall be consistent with the character of the principal building on the property. (3) The floor area of an accessory building shall not exceed the ground floor area of the principal building. (4) Accessory structures for an approved nonresidential use shall comply with the setback requirements for the principal structures and shall provide landscaping, screening and buffering in accordance with Chapter 1252. City of Lansing Zoning Ordinance 50-1 1 L iI MENEELIXAC, .c. Defin. Map Uses 1250.04.02 MECHANICAL EQUIPMENT 1 (a) Ground- and building-mounted mechanical equipment including, but not limited to, heating units, cooling units, air handling units, refrigeration units, blowers,ventilating fans,water and gas meters, elevator housing and tanks are subject to the following regulations: (1) Mechanical equipment and utilities located on or around any non-residential or multiple-family building shall be i screened from public view. Such screening shall be of a height sufficient to screen the equipment. d (2) Alternatives for screening materials for ground-mounted mechanical and utilities shall include a solid wall,fence, evergreen plantings, berms and/or other decorative features compatible with the principal building. In a non-residential zoning district,ground-mounted mechanical equipment shall not be located within 20 feet of any residential district. (b) Roof-mounted equipment shall not exceed a height of 10 feet above the surrounding roof surface, and shall occupy no more than 15% of the total roof area. (c) All roof-mounted equipment shall be screened by parapet walls or a pitched roof of sufficient height to screen rooftop equipment and the screening shall be integrated into the architectural design of the building meeting the standards noted in Section 1246 Building Types. Screening is not required where such equipment is not visible from a distance of not less than 200 feet at grade level from the front entrance of the building. Where adjacent to any residential district, all roof-mounted mechanical units must be setback a minimum of 20 feet from the side of the building facing the residential district and screened using solid architectural materials that meet the standards noted in Section 1246 Building Types and that provide sound attenuation. 1250.04.03 EXTERIOR LIGHTING (a) Definitions: CANOPY STRUCTURE:Any overhead protective structure which is constructed in such a manner as to allow pedestrians/vehicles to pass under. FLOOD OR SPOT LIGHT:Any light fixture or lamp that incorporates a reflector or refractor to concentrate the light output into a directed beam in a particular direction. GLARE: Direct light emitted by a lamp, luminous tube lighting or other light source. LAMP:The component of the luminaire that produces the actual light including luminous tube lighting. 0 LIGHT FIXTURE:The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and a refractor or lens.A light fixture also includes the assembly for luminous tube and fluorescent lighting. LIGHT POLLUTION:Artificial light which causes a detrimental effect on the environment, enjoyment of the night sky or causes undesirable glare or unnecessary illumination of adjacent properties. LIGHT TRESPASS:The shining of light produced by a luminaire beyond the boundaries of the property on which it is located. 109 LUMINAIRE:The complete lighting system including the lamp and light fixture. LUMINOUS TUBE LIGHTING: Gas filled tubing which, when subjected to high voltage, becomes luminescent in a color characteristic of the particular gas used, e.g., neon, argon, etc. 0 OUTDOOR LIGHT FIXTURES: Outdoor artificial illuminating devices, outdoor fixtures, lamps and other similar devices, permanently installed or portable, used for flood lighting,general illumination or advertisement. SHIELDED FIXTURE: Outdoor light fixtures shielded or constructed so that light rays emitted by the fixture are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted, e.g."shoebox-type"fixtures.A 50-12 City of Lansing Toning Ordinance Back Article TCS,C. ,+lap I Uses luminaire mounted in a recessed fashion under a canopy or other structure such that the surrounding structure effectively shields the light in the same manner is also considered fully shielded for the purposes of this article. 1 (b) Lighting standards. Unless otherwise exempted by this Section, all lighting must comply with the following standards: N (1) Freestanding pole lighting. s N a. Exterior lighting shall be fully shielded and directed downward to prevent off-site glare. Fixed (not adjustable), a downward-directed fixtures shall be used in an effort to maintain a unified lighting standard throughout the city 76 and prevent"sky glow" b. The intensity of light shall not exceed 5 footcandles within any site. For sites abutting a residential district or use, the intensity of light cannot exceed 0.5 footcandles at the property line. A maximum of 10 footcandles is permitted within a site for gasoline stations and automobile dealerships as long as the light intensity does not exceed the allowable intensities at the property line. c. The Zoning Administrator may approve decorative light fixtures as an alternative to shielded fixtures when it can be proven that there will be no off-site glare and the proposed fixtures are necessary to preserve the intended character of the site. d. The maximum height of parking lot light fixtures shall be 20 feet, except that the Zoning Administrator may permit a maximum height of 30 feet within commercial, mixed use, industrial, research and office zoning districts and for institutional uses in residential districts when the poles are no closer than 150 feet to a residential district or use. (2) Building-mounted lighting. a. Building-mounted lighting shall be fully shielded and directed downward to prevent off-site glare. Fixed (not adjustable), downward-directed fixtures shall be used in an effort to maintain a unified lighting standard throughout the city and prevent"sky glow." b. The intensity of light shall not exceed 5 footcandles within any site. For sites abutting a residential district or use, the intensity of light cannot exceed 0.5 footcandles at the property line. A maximum of 10 footcandles is permitted within a site for gasoline stations and automobile dealerships as long as the light intensity does not exceed the allowable intensities at the property line. c. The Zoning Administrator may approve decorative light fixtures as an alternative to shielded fixtures when it can be proven that there will be no off-site glare and the proposed fixtures will improve the appearance of the site. d. Luminous-tube and exposed-bulb fluorescent lighting is prohibited as an architectural detail on all buildings, e.g. along the roof line and eaves, around windows, etc.The Zoning Administrator may approve internally illuminated architectural bands when it can be shown that the treatment will enhance the appearance of the building or is necessary for security purposes. (3) Window lighting. a. Any light fixtures visible through a window must be shielded to prevent glare at the property line. b. luminous tube and exposed bulb fluorescent lighting (visible from the property line) is prohibited unless it is part of a sign that meets the requirements of Section 220-78, Signs. (c) Exemptions. The following are exempt from the lighting requirements of this article, except that the Zoning Administrator may take steps to eliminate the impact of the exempted items when deemed necessary to protect the health, safety and welfare of the public: (1) Sports field lighting, in use no later than 11:00 p.m. Other sports field lighting may be approved by the Zoning Administrator after a determination that compliance with the standards in this Section have been met to the greatest City of Lansing Zoning Ordinance 50-13 . 641 .r g Back Article TO.C. Defin. Map Uses extent possible, and that all efforts possible were made to minimize any negative impacts to surrounding uses. (2) Swimming pools. (3) Holiday decorations. (4) Window displays without glare. 0 (5) Shielded pedestrian walkway lighting. (6) Residential lighting with no off-site glare. a (7) Street lights. 1250.04.04 WASTE RECEPTACLES AND ENCLOSURES (a) Waste receptacles may be permitted as accessory to any use except single or 2-family residential uses, subject to the following conditions: (1) Waste receptacles must be clearly accessible to servicing vehicles. (2) A concrete pad, at least two feet greater than the dimension of the waste on all sides,shall be provided. (3) Waste receptacles shall be screened on all sides. Such screening shall be constructed of an earth mound, brick or decorative concrete block or an opaque wood or vinyl fence with a minimum height of six feet or one foot above the height of the enclosed dumpster,whichever is greater. (4) Access gates must provide screening and may be of wood construction or chain-link with screen slats. (5) Waste receptacles and their screening enclosures shall be located as far from residential districts/uses as practical. (6) Waste receptacles and their screening enclosures shall be located in such a manner as to minimize impacts on adjacent properties by not obstructing or impeding views from windows, doorways, or outdoor gathering areas. (7) The location of waste receptacles shall be indicated on the site plans and the location and screening shall be subject to approval of the Zoning Administrator. (8) Detail drawings or a note shall be provided on the plan to assure that the above requirements are met. (b) The above requirements shall not apply to portable trash containers intended for curbside pick-up. Curbside containers may not be placed near the curb or in the public right-of-way before 5:00 p.m. the day before they are to be collected and must be removed from the curb not later than 10:00 p.m.the day of collection. 1250.04.05 COLLECTION BINS (a) Purpose.The purpose of this section is to regulate collection bins in the City of so that they remain clean,safe and do not create hazards to pedestrians or to vehicular traffic. 0 (b) Definitions. As used in this Section, unless otherwise provided: COLLECTION BIN means any container, receptacle, or similar device that is located on any parcel or lot of record within the City and that is used for soliciting and collecting the receipt of clothing, household items, or other salvageable personal property.This term does not include recycle bins for the collection of recyclable material, any rubbish or garbage receptacle. CODE COMPLIANCE OFFICE means the Code Compliance Supervisor or his or her authorized representative. COLLECTION BIN OPERATOR means a person who owns, operates,supervises or otherwise is in control of collection bins to solicit collections of salvageable personal property. PROPERTY OWNER means any person, agent,firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the State, county or municipality as holding title to the property. 50-14 City of Lansing Zoning Ordinance Back Article T�,C. �efin. Map I Uses PUBLIC SERVICE DEPARTMENT means the Director of Public Service or his or her authorized representative. (c) Permit required. 0 No person or entity shall cause or permit the installation or placement of a collection bin upon any real property located within the City of Lansing,whether public or private,without first obtaining an annual permit from the City Clerk. s N (d) Permit application. 76 a An application for a collection bin permit, as required by this Section shall be made to the City Clerk upon forms provided by the City. Such application shall be filed with the City Clerk not less than 30 days prior to date that the collection bin is placed on real property. One annual permit is required for each collection bin.The application shall contain the following information: (1) An affidavit and acknowledgment from the property owner,giving written permission to place a collection bin on the property owner's real property, as well as an acknowledgment of receipt of a copy of this chapter, and a signed statement agreeing to obey all of its requirements. (2) A site plan indicating the placement of the collection bin, in compliance with the requirements of this Section. (3) The name, address,telephone number and e-mail address of the applicant, property owner and collection bin operator. (4) The name, address,telephone number and e-mail address of the agent or person who will be available during regular business hours and will be responsible for compliance. (5) A photograph of the collection bin to be installed. (6) The number to a 24-hour hotline for overflow events. (7) A nonrefundable fee determined by resolution as set by City Council. (8) A copy of the license and registration from the State of Michigan under the Michigan Consumer Protection Act and the Charitable Organizations Solicitations Act if statutorily required. (9) In order to bring existing collection bins into compliance with this section, collection bin operators, of existing collection bins, shall have 30 days from the adoption of this chapter to submit a permit application to the City Clerk. (e) Permit form, effective periods and renewal. The City Clerk shall issue a permit for compliant collection bins that conform to the following: (1) A collection bin permit is valid for a one-year period.The renewal application must be filed not later than 30 days before the current permit expires. (2) If the permit expires and the permit is not renewed, the collection bin must be removed from the real property within a maximum of ten days after expiration of the permit. (f) Permitted locations. (1) Collection bins are allowed in all commercial and industrial districts. (2) Collection bins shall not be located within 1,000 feet from another collection bin as measured along a straight line from one box to the other. (g) Standards for bin and surrounding area. Collection bins shall conform to the following standards: (1) Collection bins shall be maintained in good condition and appearance with no structural damage, holes or visible rust and shall be free of graffiti. (2) Collection bins are required to be placed on a paved or concrete surface. Collection bins must be level and stable. City of Lansing Zoning Ordinance 50-15 #� MENEELAIL3L. fin. Map Uses (3) Collection bins shall be locked and be equipped with a secure safety chute so contents cannot be accessed by anyone 1 other than those responsible for the retrieval of the contents. (4) The collection bins shall be emptied with such frequency and regularity as to ensure that it does not overflow and o materials do not accumulate outside the collection bin. .N o (5) The collection bin operator and property owner shall maintain, or cause to be maintained, the area surrounding the 7R bins free from any overflow collection items,furniture, rubbish, debris, hazardous materials, and noxious odors.To extent provided by law, the collection bin operator and/or property owner shall be jointly and severally responsible for the City's cost to abate any nuisance. (6) Collection bins shall be located on a parcel where there is a functioning and permitted use. Collection bins shall not be permitted: a. On any land used or zoned residential; b. On any unimproved parcel; c. Where the principal use of the land has been closed or unoccupied for more than 30 days. (7) One collection bin on a single lot of record is allowed. (8) The total size of a collection bin is limited to a maximum dimension of 5 x 5 x 1. (9) Collection bins shall not cause a visual obstruction, as determined by the Transportation Engineer, City Engineer or Director of Public Service Department,to vehicular or pedestrian traffic. (10) No collection bin shall be placed closer than ten feet from: a. A public or private sidewalk except that this provision does not apply to a private sidewalk as long as the sidewalk maintains a five-foot clearance; b. A public right-of-way; c. A driveway; or d. A side or rear property line of adjacent property used for purposes. (11) Collection bins shall not be placed in a designated fire lane, in or adjacent to a handicap parking space, or block a building entrance or exit. (12) Collection bins shall be made of durable metal or UV resistant molded hard plastic or fiberglass material that is fire resistant or fire proof. (h) Identification of collection bins. (1) Collection bins shall have signage on each bin that identifies the name, mailing address, email address,website and phone number of the collection bin operator.The collection bin signage may include a company logo.Total sign area on the collection bin signage may not exceed 6 square feet per side.The font size used on the sign shall not be less than I inch in height. 109 (2) The collection bin must prominently display at all times a readable permit identification sticker provided by the City. (1) Permit revocation, removal of collection bins and liability. (1) If the Public Service Department and/or Code Compliance Office determines that a collection bin has been placed or 0 is being maintained in violation of this chapter, a correction notice shall be sent by regular United States Mail to the collection bin operator and property owner of the real property on which the collection bin has been placed, as shown on the most recent permit application. In the event there is not on file a permit application made for the collection bin within 24 months immediately preceding the date of violation,the correction notice shall be sent to the real property tax payer of record in the Assessor's Office.The correction notice shall describe the offending condition and the 50-16 City of Lansing Zoning Ordinance Back Article Tt7C. �efin. iulap Uses actions necessary to correct the condition.The correction notice shall provide that the offending condition be corrected or abated within 1 calendar days after mailing. 1 (2) If the offending condition is not corrected or abated within this 1 calendar days after mailing,the City or the City's contractor shall clean-up the collection bin area. o N (3) All costs incurred by the City or the City's contractor associated with the correction or abatement of a collection bin shall be the responsibility of the property owner and collection bin owner. If such obligation is not paid within 30 days a after mailing of a billing of costs to the property owner, the City may place a lien upon such real property enforceable as a tax lien in the manner prescribed by the general laws of this State against the property and collected as in the case of general property tax. If the same is not paid prior to the preparation of the next assessment roll of the City, the amount shall be assessed as a special tax against such premises on the next assessment roll and collected thereunder. (4) The City Clerk shall have the right to revoke any permit issued hereunder if: a. Offending conditions cited in a correction notice are not corrected or abated within seven days after mailing; b. Placement or conditions of the bin or surrounding area violate any applicable State or Federal law; c. Any governmental authority or agency determines that the collection bin has violated the Michigan Consumer Protection Act and/or the Charitable Organizations and Solicitations Act or other statute enacted to regulate or govern collection bins. (5) Upon revocation of permit issued pursuant to this chapter, the collection bin shall be removed from the real property within ten calendar days and, if not so removed within the time period, the City or the City's contractor may remove, store or dispose of the collection bin. (6) All costs incurred by the City or the City's contractor associated with removal, storage or disposal of a collection bin shall be the responsibility of the property owner and collection bin owner. If such obligation is not paid within 30 days after mailing of a billing of costs to the property owner, the City may place a lien upon such real property enforceable as a tax lien in the manner prescribed by the general laws of this State against the property and collected as in the case of general property tax. If the same is not paid prior to the preparation of the next assessment roll of the City, the amount shall be assessed as a special tax against such premises on the next assessment roll and collected thereunder. (7) If a collection bin permit is revoked, the collection bin operator shall not be eligible for a new permit for I year from the date of revocation. (j) Appeal to City Council. Any person aggrieved by the decision rendered by the City Clerk in granting or denying an application for a permit under this article or in revoking a permit issued under this article may appeal that decision to the City Council.The Public Service Department shall make written findings of fact in support of any license revocation.The appeal shall be made by filing a written request with the City Clerk setting forth the grounds for the appeal not later than ten days after receiving notice of the revocation by the City Clerk. In the event that the written request is filed with the City Clerk, Council shall hold a public hearing on the revocation, and shall have the power to reverse, affirm or modify the decision of the City Clerk. Council shall, in its determination, make written findings of fact supporting its decision.The determination by Council shall be final, subject to appeal to a court of competent jurisdiction. (k) Penalty and remedies. (1) In addition to revocation of permit pursuant to this Section any person violating the provisions of this article is guilty of a municipal civil infraction. 4a City of Lansing Zoning Ordinance 50-17 MMMMML1X6WL77j.C Defin. Map Uses (2) In addition to the penalty provided in subsection (a) of this section, any condition caused or permitted to exist in 1 violation of the provisions of this chapter, or any ordinance,shall be deemed a new and separate offense for each day that such condition continues to exist. o (3) In addition to the penalty provided in subsection (a) of this section, any condition caused or permitted to exist in violation of the provisions of this chapter, or any ordinance,shall be deemed a new and separate offense for each day that such condition continues to exist. 7R (4) Nothing in this chapter shall prevent the City from pursuing any other remedy provided by law in conjunction with or in lieu of prosecuting persons under this section for violation of this chapter. The collection bin operator and real property owner shall be jointly and severally liable for each violation and for payment of any fines and costs. 1250.04.06 FENCES AND HEDGES (a) Purpose; application. In order to protect the use and enjoyment of properties by providing for the passage of air and light;to protect the public welfare and safety by providing for the safe movement of motor vehicles and pedestrians; and to facilitate efficient police and fire-fighting services, no person shall erect, construct, modify, maintain, plant or grow any fence, hedge,tree, shrub, plant or vine or cause or permit the same to be done in violation of this chapter. (b) Definitions. As used in this chapter: MINOR REPAIR Repairs dealing primarily with nonstructural portions of the fence, as well as appearance. MAJOR REPAIR. Repairs directly connected to the structural portion of the fence. SAFETY HAZARD.Any fence which is not in conformity with this section. (c) Limitations. (1) Front Yard. a. No fence or hedge shall exceed a height of three feet within a front yard. b. In front yard corner lots, an unobstructed clear vision corner shall be maintained as specified in 1250.03.03 c. For driveways not on a corner, see Section 1250.03.03 (b) d. A fence within the front yard may be erected or maintained to a height above three feet, but not to exceed a height of four feet, if the fence meets all of the following requirements: I. The fence consists of at least 50 percent of open spaces uniformly distributed along its surface above a height of three feet. 109 2. Vision through the fence is not materially obstructed from any angle so as to obstruct the view of vehicular traffic on adjacent streets or public ways or of pedestrian traffic on adjacent sidewalks. e. Chain-link,wire, cyclone or similar fences are prohibited in front yards in all non-industrial zoning districts. 0 f. A hedge within a front yard may be planted, grown or maintained to a height above three feet if the hedge meets all of the following requirements: I. The property owner prepares and submits to the Zoning Administrator a written plan which complies with the requirements for landscaping, screening and buffering plans as set forth in this Section. 50-1 8 City of Lansing Zoning Ordinance Back Article TC?,C. Defin. Map Uses 2. The abutting road is not a Local Street as defined the Comprehensive Plan, or the abutting property is used for industrial purposes. 1 3. The hedge does not obstruct the vision of motorists and complies with paragraphs (1)(b) and (1)(c) hereof. N 4. All abutting property owners submit a written statement that they do not object to the plan. s N 5. The plan is approved by the Zoning Administrator. a (2) Side and Rear Yard 76 d a. No fence or hedge within a side yard or rear yard shall exceed 6 feet in height but may be permitted to a maximum height of 8 feet, if all of the following requirements can be met: I. The property is zoned for commercial or industrial land use, or in the case of properties zoned for residential or office uses,the abutting property is zoned for commercial or industrial land use. 2. The topography of the subject property is generally one or more feet lower than the abutting property, or the health or safety of the owner or occupant of the subject property is endangered by uses of the abutting property. 3. The fence is approved by the Zoning Administrator. (d) Materials. (1) Fences shall be constructed of one or more of the following materials: Chain-link,wood, brick, poured concrete,wrought- iron,vinyl or similar material that is approved by the Zoning Administrator. (2) For all fences less than 8 feet in height and for all fences, regardless of height,which are less than 30 feet from a neighboring parcel of land which is being used residentially, barbed wire on fences may be utilized only upon the written request of the applicant and written approval by the Zoning Administrator. Approval of such request shall be based on demonstrated need, safety and reasonableness. For all fences 8 feet in height and 30 feet or more away from a neighboring parcel of land which is being used residentially, barbed wire on fences shall be allowed without prior approval of the Zoning Administrator. Under no circumstances will any fence 6 feet in height or less be permitted to use barbed wire. Barbed wire shall not extend more than 3 vertical feet above the top of the fence. (3) No fence shall contain razor wire, concertina wire or similar type of wire, or carry any electrical current. (4) Berms. If earth berms are to be constructed, they shall have a maximum slope of 3:1 and shall be sodded or seeded or utilize other ground cover. Berm height,width, location and materials must be approved by the Department. (e) Swimming pool fences. (1) Except as otherwise provided in this chapter, every swimming pool with a depth of 24 inches at any point and/or a volume of 150 cubic feet or more must be maintained within an adequate enclosure surrounding the pool area that complies with the following provisions: a. The pool enclosure shall extend not less than four feet above the ground. All enclosures shall be self-closing and self-latching with latches placed at least four feet above the ground. No opening in a pool enclosure fence or gate shall be designed or maintained so as to permit access to the pool except under the supervision of the pool owner or by his permission. b. Pool enclosure fences shall be constructed so as to prohibit the passage of a sphere larger than four inches in diameter through any opening or under the fence. Pool enclosure fences shall be designed to withstand substantial (200 pounds per square foot) concentrated horizontal loads at any point in the fence. (f) Unsafe or dangerous fences;failure to maintain. (I) No owner, occupant or agent in charge shall keep or maintain any fence which is unsafe or dangerous.A fence shall be City of Lansing Zoning Ordinance 50-19 I iiiiiiiiiiiij Ej MENEE " Back 3 Article To, Detin. Map Uses deemed unsafe or dangerous whenever: (2) More than 50 percent of the fence area is in need of paint or other minor repair. (3) Any portion has been damaged by wind,flood,fire or other cause in such a manner that structural strength or stability s is appreciably less than it was previous to such event. .N (4) Any portion of any structural member of the fence is likely to fall,to become detached or dislodged or to collapse and 7R thereby injure persons or damage property. d (5) More than ten percent of the fence area is in need of major repair. (g) Repair or removal; remedies of city. The Department of Planning and Neighborhood Development may order repaired or removed any fence which is hazardous to the health or safety of the community.Sections 1250.04.06 (c) and (f) shall be utilized as the basis for making such decision. Upon finding a fence which is a health or safety hazard,the Department shall adhere to the following process: (1) The Department, upon finding a fence that is a health or safety hazard, shall notify the property owner of the problem in writing by mail or, if possible, in person.The property owner shall be given ten working days to resolve the identified problem. (2) If the health or safety hazard still exists after ten working days, the Department shall post the fence as being a health or safety hazard.A certified letter, return receipt requested, shall also be sent to the property owner notifying the owner of the health or safety hazard and of the actions necessary to correct the hazard and what the City will do if it is not corrected by a certain date.The owner shall be given 30 days to resolve the identified problem. (3) The Department shall re-inspect the property after 30 days. If the identified problem still exists,the Department shall have the fence, or that portion of the fence causing the problem, repaired or removed with the cost of such repair or removal being attached to the tax rolls for the property. (h) Appeals. Appeals from rulings by the Zoning Administrator or requests for variances based on hardship or practical difficulties can be made to the Board of Zoning Appeals. (1) Conflict of laws. All ordinances or parts of ordinances in these Codified Ordinances which require fences that are inconsistent with this chapter shall remain effective and nothing in this chapter shall be construed to limit the authority or power granted elsewhere in these Codified Ordinances to any City department, board or commission to require fences in appropriate circumstances which deviate from the requirements of this chapter. (j) Limitations on enforcement. Real property may be subject to building and use restrictions, covenants and conditions which run with the land and which may regulate fences and hedges. Such regulations are not enforceable by the City, but may be enforced by similarly regulated property 109 owners through court action. 0 1250.04,06 PEDESTRIAN AND BICYCLE ORIENTED DESIGN FEATURES (a) Sidewalks a minimum 5 feet wide and consistent with city design standards shall be provided along the street frontage. (b) A continuous pedestrian walkway shall be provided from any adjacent street sidewalk and CATA bus stop to public building entrances.The city may require marked crosswalks, islands within parking lots or other design features to provide a more distinct and safe on-site pedestrian system. 50-20 City of Lansing Zoning Ordinance Back Article TIC. �efin. Julep Uses ' (c) The city may require on-site bicycle facilities, particularly to provide a direct connection between on-site bicycle parking and bikeways in the public right-of-way. 1 1250.05 ANTENNA, COMMUNICATIONS, AND ENERGY STRUCTURES 0 N 1250.05.01 RECEPTION ANTENNA FACILITIES 76 (a) In all single-family zoning districts, the installation and/or use of a reception antenna facility having a diameter in excess of d three (3) feet shall be permitted only as an accessory use and only as authorized in this section. (b) A ground-mounted reception antenna facility shall be located in the rear yard only and shall be located no closer than six (6) feet from a side or rear lot line. (c) A roof-mounted reception antenna facility shall be located on that portion of the roof adjacent to the rear yard of the property and a structure-mounted facility shall be located in the rear yard only. (d) Excluded from the regulations of this section are conventional VHF and UHF television. 1250.05.02 WIRELESS COMMUNICATIONS TOWERS AND ANTENNAS (a) Purpose. The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this ordinance [chapter] are to: (1) protect residential areas, property values, and land uses from potential adverse impacts of towers and antennas; (2) strongly encourage the location of towers in nonresidential areas; (3) minimize the total number of towers throughout the community; strongly encourage the appropriate placement of new and existing towers (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) strongly encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) strongly encourage users of towers and antennas to configure them in a way that minimizes displeasing aesthetics of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider,to the extent permitted by law,the public health and safety impacts of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering, design, and careful siting of tower structures. In furtherance of these goals, the city shall give due consideration to the city's comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. (b) Definitions. For the purposes of this chapter,the following words and phrases shall have the meanings set forth below: ALTERNATIVE TOWER STRUCTURE. Clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. ANTENNA.Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals),wireless telecommunications signals or other communication signals. FAA.The Federal Aviation Administration. FCC.The Federal Communications Commission. HEIGHT.When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna. City of Lansing Zoning Ordinance 50-2 1 a.--'. — "1 L ck Article TO.C. Defin. Map Uses .4 �ii PREEXISTING TOWERS AND PREEXISTING ANTENNAS.Any tower or antenna for which a building permit or special land use permit 1 has been properly issued prior to the effective date of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. o TOWER.Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers,guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.The term includes the structure and any support thereto. (c) Applicability. (1) New towers and antennas.All new towers or antennas in the city shall be subject to these regulations, except as provided in subsections 1250.05.02 (c)(2) through 1250.05.02 (c)(4), inclusive. (2) Amateur radio station/receive only antennas.This chapter shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for those antennas defined in 47 Code of Federal Regulations 1.4000. (3) Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of subsections 1250.05.02 (d)(6) and 1250.05.02 (d)(7). (4) AM array. For purposes of implementing this chapter, an AM array, consisting of one or more tower units and supporting ground system which functions as one am broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right. (d) General requirements. (1) Principal or accessory use.Antennas and towers may be considered either principal or accessory uses.A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. (2) Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas and/or towers may be located on leased parcels within such lot. (3) Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the zoning administrator an inventory of its existing towers, antennas, or sites approved for towers or antennas,that are either within the jurisdiction of the City or within one mile of the border thereof, including specific information about the location, height, and design of each tower. Information submitted to the zoning administrator shall be considered public information. The zoning administrator may share such information with the public and other applicants applying for special land use permits under this ordinance or other organizations seeking to locate antennas within the jurisdiction of the City, provided, however that the zoning administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. 109 (4) Aesthetics.Towers and antennas shall meet the following requirements: a. Except as otherwise required for an alternative tower structure, towers shall either maintain a galvanized steel 0 finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. b. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings. c. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with,the color of the supporting 50-22 City of Lansing Toning Ordinance Back Amide ' Tt7,C. D � Usesy structure so as to make the antenna and related equipment as visually unobtrusive as possible. (5) Lighting.Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required,the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. Lighting may be provided on an alternative tower structure to enhance its camouflaging or concealing effect.All lighting must be o approved by the City. o (6) State or federal requirements.All towers must meet or exceed current standards and regulations of the FAA, the FCC, a 76 and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed,then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. (7) Building codes; safety standards.To ensure the structural integrity of towers,the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the electronic industries association, as amended from time to time. If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense. (8) Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the City irrespective of municipal and county jurisdictional boundaries. (9) Not essential services.Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities. (10) Public notice. For purposes of this chapter, any special land use request,variance request, or appeal of a special land use shall require public notice to the LPD neighborhood watch coordinators, and all neighborhood associations, property owners, neighborhood associations, neighborhood watches, and all property owners and occupants of properties that are located within 1,000 feet of the parcel that is the subject of the request, in addition to any notice otherwise required by the Zoning Code. lift (11) Signs. No signs shall be allowed on an antenna or tower. (12) Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Section 1250.05.02 (h). (13) Multiple antenna/tower plan.The City encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites.Applications for approval of multiple sites shall be given priority in the review process. (14) Height. No tower shall exceed the maximum allowable height of the zoning district in which it is location, unless a variance is approved by the Board of Zoning Appeals. (e) Permitted use. The following use is deemed to be a permitted use and shall not require a special land use permit: antennas or towers located on property owned, leased, or otherwise controlled by the City provided a license or lease authorizing such antenna or tower has been approved by the Council. (f) Administratively approved uses. City of Lansing Zoning Ordinance 50-23 � _ r MEMMELk Article Ti7.C. D � tap Uses (1) General.The following provisions shall govern the issuance of administrative approvals for towers and antennas. a. The zoning administrator may administratively approve the uses listed in this section. b. Each applicant for administrative approval shall apply to the zoning administrator providing the information set s forth in subsections 1250.05.02 (g)(2)a. and 1250.05.02 (g)(2)c. of this section and a refundable fee as established .N o by resolution of council to reimburse the city for the costs and expenses incurred in reviewing the application. No 7R application for an administratively approved use shall be considered by the zoning administrator until all conditions required in the resolution of council shall have been met. a c. The zoning administrator shall respond to each such application within 60 days after receiving it by either approving or denying the application. If the zoning administrator fails to respond to the applicant within said 60 days,then the application shall be deemed to be approved. d. In connection with any such administrative approval, the zoning administrator may, in order to encourage shared use, administratively waive any zoning district setback requirements in section 1250.05.02 (g)(2)d. or separation distances between towers in section 1250.05.02 (g)(2)e. by up to 50 percent . e. In connection with any such administrative approval, the zoning administrator may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction. f. If an administrative approval is denied, the applicant shall file an application for a special land use permit pursuant to section 1250.05.02 (g) prior to filing any appeal that may be available under the Zoning (ode. (2) list of administratively approved uses.The following uses may be approved by the zoning administrator after conducting an administrative review: a. Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any heavy industrial zoning district, provided that there is no residential property adjacent to the district. b. Locating antennas on existing structures or towers consistent with the terms of subsections I and 2 below. I. Antennas on existing structures.Any antenna which is not attached to a tower may be approved by the zoning administrator as an accessory use to any commercial mixed-use or residential multi-family structure of eight or more dwelling units, provided: i. The antenna does not extend more than 30 feet above the highest point of the structure; ii. The antenna complies with all applicable FCC and FAA regulations; and iii. The antenna complies with all applicable building codes. 2. Antennas on existing towers.An antenna which is attached to an existing tower may be approved by the zoning administrator and,to minimize the displeasing aesthetics associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with 00 the following: i. A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the zoning administrator allows reconstruction as a monopole. 0 ii. Height: A. An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the collocation of an additional antenna. B. The height change referred to in subsection A above may only occur one time per communication 50-24 City of Lansing Zoning Ordinance Back Article ' TU,C. '. D iulep Uses tower. C. The additional height referred to in subsection A above shall not require an additional distance separation as set forth in Section 1250.05.02 (g).The tower's premodification height shall be used to calculate such distance separations. o N iii. Onsite location. o a A. A tower which is being rebuilt to accommodate the collocation of an additional antenna may be 76 moved onsite within 50 feet of its existing location. B. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site. C. A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to subsection 1250.05.02 (g)(2)e.The relocation of a tower hereunder shall in no way be deemed to cause a violation of subsection 1250.05.02 (g)(2)e. D. The onsite relocation of a tower which comes within a location that is less than the separation distances to residential units or residentially zoned lands as established in subsection 1250.05.02 (g) (2)e shall only be permitted when approved by the zoning administrator. (3) Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers. (g) Special land use permits. (1) General.The following provisions shall govern the issuance of special land use permits for towers or antennas by the Council following review and recommendation by the Planning Board: a. If the tower or antenna is not a permitted use under Section 1250.05.02 (e) of this chapter,then a special land use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts. b. Applications for special land use permits under this section shall be subject to the procedures and requirements of Chapter 1262,Special Land Use Permits, of the Zoning Code, except as modified in this section. c. In granting a special land use permit,the Council may impose conditions to the extent the Council concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. In addition to any other conditions, Council may require an applicant to post with the City Clerk cash, a certified check, an irrevocable letter of credit issued by a bank, or a surety bond in an amount sufficient to pay for the removal of the tower in case the tower is abandoned as set forth in section 1250.05.02 (1).The surety bond shall be open ended and shall be executed by the applicant and a United States based corporate surety authorized to do business in this state as a surety.Any surety bond or irrevocable letter of credit shall be in a form approved by the City Attorney, and shall be made payable to the City. In the event that an abandoned tower is removed at the applicant's expense, the bond, instrument of credit, cash deposit or certified check shall be released to the applicant. d. Any information of an engineering nature that the applicant submits,whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. e. An applicant for a special land use permit shall submit the information described in this section,the information described in section 1250.05.02 (d), and, in addition to any other fee required by law, a refundable fee as established by resolution of the Council to reimburse the City for the costs and expenses incurred in reviewing the application. No application for a special land use permit shall be considered by the Planning Board until all conditions required in the resolution of council shall have been met. City of Lansing Zoning Ordinance 50-25 . . MENEEBack Article 'fOC 1?efin. Map Uses (2) Towers. a. Information required. In addition to any information required for applications for special land use permits pursuant to Chapter 1262, Special Land Use Permits, of the Zoning Code, applicants for a special land use permit for a o tower shall submit the following information with the application or,with respect to other information deemed by o the zoning administrator to be necessary to assess compliance with this chapter pursuant to subsection I. below, as soon as reasonably practicable as determined by the zoning administrator: 7R I. A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), comprehensive plan classification of the site and all properties within the applicable separation distances set forth in subsection 1250.05.02 (g)(2)e, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures,topography, parking, and other information deemed by the zoning administrator to be necessary to assess compliance with this ordinance. 2. Legal description of the parent tract and leased parcel (if applicable). 3. The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties. 4. The separation distance from other towers described in the inventory of existing sites submitted pursuant to subsection 1250.05.02 (d)(3) shall be shown on an updated site plan or map.The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known. 5. A landscape plan showing specific landscape materials. 6. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination. 1. A description of compliance with subsections 1250.05.02 (d)(3), (4) (1), (11), and (12), 1250.05.02 (g)(2)d, 1250.05.02 (g)(2)e and all applicable federal, state or local laws. 8. A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users. 9. Evidence at the time of application of a lease or an option to lease by a telecommunications provider with the owner of the property in question. 10. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower, including specifics as to why such towers,structures or alternative technologies are not suitable or feasible in lieu of a tower. 11. A description of the feasible location(s) of future towers or antennas within the city based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected. b. Factors considered in granting special land use permits for towers. In addition to any standards for consideration 00 of special land use permit applications pursuant to Chapter 1262, Special Land Use Permits, of the Zoning Code, the Council may consider the following factors and any other factors allowed by law in determining whether to issue a special land use permit, although the Council may waive or reduce the burden on the applicant of one or more of these criteria if the Council concludes that the goals of this chapter are better served thereby: 0 I. Height of the proposed tower; 2. Proximity of the tower to residential structures and residential district boundaries; 3. Nature of uses on adjacent and nearby properties; 4. Surrounding topography; 50-26 City of Lansing Zoning Ordinance Back Article y Tt7,C. D � iulep � Uses 5. Surrounding tree coverage and foliage; 6. Design of the tower,with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; N 1. Proposed ingress and egress; s 8. Evidence at the time of application of a lease or an option to lease by a telecommunications provider with a the owner of the property in question; and 76 d 9. Availability of suitable existing towers, other structures, or alternative technologies not requiring construction c� of a new tower, as discussed in subsection 1250.05.02 (g)(2)c of this chapter. c. Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Council that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna.An applicant shall submit information requested by the council related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following: I. No existing towers or structures are located within the geographic area which meets the applicant's engineering requirements. 2. Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements. 3. Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment. 4. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. 5. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. 6. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. 1. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable. d. Setbacks.The following setback requirements shall apply to all towers for which a special land use permit is required; provided, however, that the Council may reduce the standard setback requirements if the goals of this chapter would be better served thereby: I. Towers must be set back a distance equal to at least 15 percent of the height of the tower from any adjoining lot line. 2. Guys and accessory buildings must satisfy the minimum zoning district setback requirements. e. Separation.The following separation requirements shall apply to all towers and antennas for which a special land use permit is required; provided, however, that the Council may reduce the standard separation requirements if the goals of this chapter would be better served thereby: City of Lansing Zoning Ordinance 50-27 n 6 A4 MENEM Back Article TOC. Defin. Map Uses I. Separation from off-site uses/designated areas. i. Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/ or designated areas as specified in Table I, except as otherwise provided in Table 1250.05.A. N s ii. Separation requirements for towers shall comply with the minimum standards established in Table •N 1250.05.A. 7R Table 1250.05.A d tff-Site Use/Designated Area Separation Distance Single-family or duplex residential units' 100 feet or ISO percent height of tower whichever is greater Vacant single-family or duplex residentially zoned land which is either platted or has preliminary 100 feet or ISO percent height of towerZ subdivision plan approval which is not expired whichever is greater Vacant unplatted residentially zoned lands' 100 feet or 100 percent height of tower whichever is greater Existing multifamily residential units greater than duplex units 100 feet or 100 percent height of tower whichever is greater Nonresidentially zoned lands or nonresidential uses None;only setbacks apply footnotes. I.Includes modular homes and mobile homes used for living purposes. 2.Separation measured from base of tower to closest building setback line. 3.Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multifamily residentially zoned land greater than duplex. 2. Separation distances between towers. i. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers.The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower.The separation distances (listed in linear feet) shall be as shown in Table 1250.05.13. Table 1250.05.13 Monopole 75 feet in height or ole less than 75 feet *in Existing Towers—Types greater height Lattice 5,000 5,000 1,500 750 Guyed 5,000 5,000 1,500 750 Monopole 75 feet in height or 1,500 1,500 1,500 750 greater Monopole less than 75 feet in 750 750 750 750 109 height f. Security fencing.Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the council may waive such requirements, 0 as it deems appropriate. g. Landscaping.The following requirements shall govern the landscaping surrounding towers for which a special land use permit is required; provided, however, that the Council may waive such requirements if the goals of this • chapter would be better served thereby: I. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the 50-28 City of Lansing Zoning Ordinance Back Article T,C?,C. Defin. lutap Uses tower compound from property used for residences.The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound. 1 2. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced, deferred, or waived. o N 3. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases,such as towers sited on large,wooded lots, natural growth around the property a 76 perimeter may be a sufficient buffer; in these cases, landscaping may be deferred during the time period that the natural growth provides a sufficient buffer. (h) Building or other equipment storage. (1) Antennas mounted on structures or rooftops.The equipment cabinet or structure used in association with antennas shall comply with the following: a. The cabinet or structure shall not contain more than 36 square feet of gross floor area or be more than seven feet in height. In addition, for buildings and structures which are less than 65 feet in height,the related unmanned equipment structure, if over 36 square feet of gross floor area or seven feet in height, shall be located on the ground and shall not be located on the roof of the structure. b. If the equipment structure is located on the roof of a building,the area of the equipment structure and other equipment and structures shall not occupy more than five percent of the gross roof area. c. Equipment storage buildings or cabinets shall comply with all applicable building codes. (2) Antennas mounted on utility poles or light poles.The equipment cabinet or structure used in association with antennas shall be located in accordance with the following: a. In all residential districts, the equipment cabinet or structure may be located: I. In a front or side yard provided the cabinet or structure is no greater than six feet in height or 12 square feet of gross ground area, including foundation pad and the cabinet/ structure is located a minimum of ten feet from all lot lines, and the cabinet/structure is screened by an evergreen hedge with a height of at least 36 inches. 2. In a rear yard, provided the cabinet or structure is no greater than seven feet in height or 36 square feet in gross ground area, including foundation pad.The cabinet/ structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. b. In industrial and commercial mixed-use districts,the equipment cabinet or structure shall be no greater than seven feet in height or 42 square feet in gross ground area, including foundation pad.The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence 6 feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. (3) Antennas located on towers.The related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 12 feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which it is located. (4) Modification of building size requirements.The requirements of subsections 1250.05.02 (h)(1) through 1250.05.02 (h)(3) may be modified by the council to encourage collocation. (1) Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner City of Lansing Zoning Ordinance 50-29 rin Lip Back Article TO.C. Defin. Map U5e3 of such antenna or tower shall remove the same within 90 days of receipt of notice from the City notifying the owner of such 1 abandonment. Failure to remove an abandoned antenna or tower within said 90 day period shall be grounds for the city to remove, or cause the removal of, the tower or antenna at the owner's expense. If there are two or more users of a single tower, o then this provision shall not become effective until all users cease using the tower. .N o (j) Nonconforming uses. 7R (1) Not expansion of nonconforming use.Towers that are constructed, and antennas that are installed, in accordance with the provisions of this ordinance [chapter] shall not be deemed to constitute the expansion of a nonconforming use or structure. (2) Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter. 1250.05.03 WIND ENERGY CONVERSION SYSTEMS (WECS) (a) Intent and Purpose The purpose of this section is to establish guidelines for siting wind turbines and wind energy facilities.This section's goals are as follows: (1) To promote the safe, effective, and efficient use of wind energy systems installed to reduce the on-site consumption of electricity supplied by utility companies. (2) To lessen potential adverse impacts wind energy systems may have on residential areas through careful design, siting, noise limitations, and other techniques. (3) To avoid potential damage to adjacent properties from turbine failure through engineering and proper siting of turbine structures. (b) Definitions COMMERCIAL WIND ENERGY CONVERSION SYSTEM.Any WECS that is designed and built to provide electricity to the electric utility power grid as an ongoing commercial enterprise or for commercial profit. DECIBEL.The unit of measure used to express the magnitude of sound pressure and sound intensity. ROOF-MOUNTED WIND ENERGY CONVERSION SYSTEM.A single wind energy conversion system that is mounted to the roof of any structure. SHADOW FLI(KER.Alternating changes in light intensity caused by the moving blade of a wind energy system casting shadows on the ground and stationary objects, such as a window at a dwelling. TEMPORARY METEOROLOGICAL TOWERS (TMT).A tower of monopole design which is designed and built to hold wind resource 109 testing devices such as anemometers,wind vanes and accessory equipment and which is to remain in place for no more than 18 months. WIND ENERGY CONVERSION SYSTEM (WE(S).Any device such as a turbine,windmill or charger that converts wind energy to a usable form of energy. 0 (c) Permitted Uses (1) Permitted Accessory Use. Each parcel of property may contain one of the following which shall be considered lawful accessory uses in all zoning districts: a. One TMT, up to the maximum allowable height of the zoning district in which it is located. 50-30 City of Lansing Toning Ordinance Back • A�tide Tt7,C. `. D ,.julep Uses b. One WECS, up to the maximum allowable height of the zoning district in which it is located. c. One Roof-Mounted WECS, per building,with may extend no more than ten (10) feet above the area of the roof structure to which it is attached. N (2) Special Land Use. All Commercial WECS's regardless of height, a WECS's or TMT's that exceeds the maximum height s N allowed within the zoning district in which it is located, up to a maximum height of 150 feet, buildings with more than one roof mounted WECS and parcels of land with more than I freestanding WECS shall be permitted as a special land76 a use in all industrial zoning districts, and shall be subject to the provisions of Section 1282,Special Land Use Permits. d (d) Application Application Process:The following information shall be provided with all applications for WECS's and TMT's (1) Applicant Information. Name, address and contact information. (2) Legal Description.A legal description of the property on which the system would be located. (3) Plot Plan and Documentation. The Plot Plan shall include maps showing the physical features and land uses of the project area, both before and after construction of the proposed wind energy system.The plot plan shall include: a. The project area boundaries. b. The location, height and dimensions of all existing and proposed and fencing. c. Distance of proposed structure from all property lines and structures. d. The location and dimensions of all temporary and permanent access roads. e. All new infrastructure above ground related to the project. f. The location of all overhead utility wires. (4) Additional Documentation. a. Insurance: Proof of the applicant's appropriate liability insurance. b. Sound Pressure Level: Documentation of the manufacturers designed sound pressure levels (decibels) for unit to be installed. c. Certifications: Certification that applicant has complied or will comply with all applicable state and federal laws and regulations. d. Grant of Authority:The applicant shall provide evidence of ownership of the land which the WECS or TMT is to be located and the written consent of the land owner if different from the applicant. If the applicant is leasing land the applicant shall provide a copy of the lease agreement and the land owner s written authorization for the applicant to construct the structure. (e) Standards and Requirements All WECS's and TMT's shall comply with the following standards and requirements: (1) Property setbacks. a. The distance between a freestanding WECS or TMT and the nearest property line shall be at least the 1.5 times the height of the tower. b. part of a freestanding WECS or TMT, including guy wire anchors, may extend closer than ten (10) feet to the owner's property line. (2) Height. a. Freestanding WECS's and TMT's shall have a height not greater than 150 feet. 4a City of Lansing Zoning Ordinance 50-31 Back Article Ti7.C. Defin. Irtap Use3 b. Roof-Mounted WECS's shall not exceed a height of ten (10 feet above the uppermost peak of the roof to which it 1 is attached. c. For freestanding WECS's and TMT's,the height shall be measured from the existing grade to the tip of the turbine o blade at its highest point. .N d. The applicant shall demonstrate compliance with all FAA lighting regulations and the Michigan Tall Structures Act as 7R part of the approval process, if applicable. a (3) Location & Other Required Setbacks. a. No freestanding WECS or TMT shall be located within a front yard of any residential, commercial or office zoning district. b. Roof-mounted wind energy systems shall be setback from the building edge a distance equal to 1/2 the diameter of its rotor and blades. c. The distance between a WECS or TMT and any road or public right-of-way shall be at least 1.5 times the height of the WECS or TMT. d. Distance Between - The distance between a freestanding and any other freestanding WECS shall be at least 1.5 times the height of the taller of the two WECS's. (4) Noise. a. Audible noise or the sound pressure level of a WESC or TMT shall not exceed 55 decibels at any property line. b. No WESC or TMT shall create, regardless of decibel levels, any ticking, humming, or other sound which annoys, c. Noise and sound pressure levels may be temporarily exceeded short-term events such as utility outages and/or severe wind storms. (5) Lighting.WECS and TMT shall not be artificially lighted unless required by the FAA or other applicable authority.Where FAA lighting is required, minimum FAA lighting standards shall not be exceeded.All FAA lighting shall be shielded to the extent possible to reduce glare and visibility from the ground. The tower shaft shall not be illuminated unless required by the FAA. (6) Shadow Flicker. No WECS or TMT shall cause shadow flicker upon any building on a neighboring property. riftk (1) Vibrations. No WECS or TMT shall produce vibrations through the ground that are humanly perceptible beyond the parcel on which it is located. (8) Construction Codes,Towers & Interconnections Standards. I. WECS and TMT shall comply with all applicable State construction codes and local building permit requirements. 2. WECS and TMT shall comply with Federal Aviation Administration requirements, the Michigan Airport Zoning Act (PA 23 of 1950),The Michigan Tall Structures Act (PA 259 of 1959), and any other applicable State or Federal 00 laws or regulations. 3. A WECS that is tied to the electrical grid shall comply with Michigan Public Service Commission and utility interconnection requirements. (9) Safety. a. Design Safety Certification.The safety of the design of every WECS or TMT shall be certified by the applicant's professional engineer, or certified installer/technician. The standard for certification shall be included with the permit application. If WECS or TMT construction is approved, the professional engineer shall that the construction and installation of the WECS or TMT meets or exceeds the manufacturer's construction and installation standards, 50-32 City of Lansing Zoning Ordinance Back Article Tt7,C. Defin. Map Uses and any applicable State and Federal laws and regulations prior to operation. b. Controls and Brakes. Every WECS or TMT shall be equipped with manual and automatic controls/braking systems to limit rotation speeds to the designed limits of the WECS or TMT.The applicant's professional engineer, installer or technician must certify that the rotor and overspeed controls conform to applicable design standards. No changes o or alterations from the certified design shall be permitted unless accompanied by a professional engineer's, installer or technician's statement of certification approved by the City. 76 a c. Lightning. Every WECS or TMT shall have lightning protection. d d. Guy Wires. If a TMT is supported by guy wires, the wires shall be clearly visible to a height of a least six (6) feet above the guy wire anchors. All permanent WECS must be of a freestanding monopole design and guy wires shall not be used. e. Grade Clearance.The minimum vertical blade tip clearance from grade shall be 20 feet for any WECS or TMT employing a horizontal axis rotor. f. Ice Throw. Every WECS or TMT shall be designed so that ice throw or ice shedding does not cross the property lines of the site or impinge on any right-of-way or overhead utility line. g. Interference. Every WECS or TMT shall be designed and operated to minimize or mitigate interference with electromagnetic communications,such as radio, telephone, microwave or television signals. h. Climb Prevention. Every freestanding WECS or TMT must be protected by anti-climbing devices such as: I. Fences with locking portals at least eight (8) feet high; 2. Anti-climbing devices twelve (12) feet from base of pole; and 3. Anchor points for TMT guy wires shall be enclosed by a fence at least six (6) feet in height or shall be located within the confines of a yard that is completely surrounded by a fence at least six (6) feet in height. i. Warnings.A visible warning sign of High Voltage shall be placed at the base of every Commercial WECS. The sign must have at six (6 ) inch letters with %-inch stroke.Such signs shall be located at all points of site ingress and egress. In addition to warning signs and signs required by law, every Commercial shall be equipped with a sign containing owner identification and contact information. No other signs or are permitted. (f) Appearance AM All WECS's and TMT's shall comply with the following standards and requirements: (1) All permanent freestanding WECS's must be of monopole design and guy wires shall not be used. (2) Color.Towers and blades shall be painted a non-reflective neutral color approved by the City or as otherwise required by law. (3) Visual Appearance; Powerlines.The design of the WECS buildings and related structures shall,to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend WECS components with the natural setting and existing environment. The electrical collection system shall be placed underground within the interior of each parcel at a depth designed to accommodate any existing land use to the maximum extent practicable.The collection system may be placed overhead adjacent to public roadways, at points of interconnection to the electric grid or in other areas as necessary. (g) Abandonment and Removal The following regulations shall apply to all WECS's and TMT's: (I) A WECS or TMT that has not been in operation for 12 consecutive months shall be deemed to have been abandoned. City of Lansing Zoning Ordinance 50-33 MMMMMBack Article TO.C. Defin. Map Uses The Zoning Administrator shall issue a notice of abandonment to the owner of a WECS or TMT, giving the owner 30 1 days to respond. If the owner provides information demonstrating that the system has not been abandoned and is still in compliance with all requirements of this ordinance and the Building Code, the notice of abandonment shall be o withdrawn. If the tower is determined to be abandoned, the owner shall be given 60 days to remove the WECS or TMT. N If the owner fails to comply,the Zoning Administrator shall have the WECS or TMT removed at the owner's expense 0 (2) The city may require that a tower be removed in accordance with the above standards if any portion of the system d becomes a nuisance, is damaged or is in any way deemed to be detrimental to the public health, safety and welfare as determined by the City Building Inspector. (h) Insurance and Maintenance The following requirements shall apply to all WECS's and TMT's (1) Liability Insurance.The owner or operator of a Commercial WECS shall maintain (2) a current commercial liability and property damage insurance policy with coverage limits acceptable to the City pertaining to installation and operation of the Commercial WECS.The amount and terms of the policy shall be established as a condition of special land use permit approval.The City and land owner shall be named as additional insured. Certificates of insurance shall be provided to the City annually. (3) Annual Inspection; Maintenance.The WECS and surrounding area shall be maintained in accordance with industry standards. Every Commercial WECS must be inspected annually by a professional engineer or authorized installer/ technician to certify that the WECS is in good working condition and is not a hazard to persons or property. Certification records shall be submitted annually to the City. 1250.06 FLOODPLAIN REGULATION (a) Intent. It is the intent of this Ordinance to protect human life, health, and property from flood conditions,to preserve the ability of floodplains to carry and discharge a base flood, and to significantly reduce potential hazards as a result of flood conditions within the City of Lansing. Further, it is the purpose of this Ordinance to comply with the statutory and regulatory requirements of the National Flood Insurance Program. (b) Definitions. AREA OF SPECIAL FLOOD HAZARD.The land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. BASE FLOOD.The flood having a one percent chance of being equaled or exceeded in any given year; also known as the 100 year flood. DEVELOPMENT.Any man made modification to unimproved or improved real estate, including but not limited to: buildings, pools, decks or other structures, mining, dredging,filling,grading, paving, excavation, or drilling operations or storage of equipment or materials. 109 ENCROACHMENT. Development or a structure which is located within the area of special flood hazard. FLOOD or FLOODING: (1) A general and temporary condition of partial or complete inundation of normally dry land areas from: 1) the overflow 0 of inland or tidal waters, 2) the unusual and rapid accumulation or runoff of surface waters from any source, 3) mudflows, and (2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an 50-34 City of Lansing Zoning Ordinance Back Article TC?,C. Defin. Map Uses unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which 1 results in flooding, as defined in the Section. FLOOD DAMAGE.Any damage to persons, materials, supplies, property or real estate caused by and as a direct result of flooding o and /or the influence of flood conditions. 0 FLOODPLAIN.Any land area susceptible to being inundated by water from any source (see definition of flooding). a 76 FLOODPLAIN and FLOODWAY BOUNDARIES.The boundaries of the floodplain and floodway that coincide with the boundaries of d the areas indicated as such in the most current report entitled "Ingham County, Michigan (All jurisdictions)"dated 8/16/11 and the Flood Insurance Rate Map (FIRMS) panel number(s) of 26065C; 0013D, 0014D, 0018D, 0020D, 0108D, 0126D, 0121D, 0128D, 0129D, 0 13 1 D, 0132D, 0133D, 0134D, 0136D, 0131D, 0139D, 0 14 1 D, 0142D, 0143D, 0144D, 0 15 1 D, 0153D, 0154D, 0161 D, 0162D, and 0110D, dated 8/16/1 I. FLOOD INSURANCE RATE MAP (FIRM).An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. FLOODWAY OR REGULATORY FLOODWAY.The designated area of a river or other watercourse and the adjacent land areas that must be reserved from development or construction activity in order to discharge the base flood without cumulatively increasing the water surface elevation beyond these areas. NEW CONSTRUCTION. Structures and/or development for which the"start of construction"commenced on or after the effective date of this ordinance, and includes any subsequent improvements to structures. STRUCTURE.A walled and roofed building that is principally above ground. SUBSTANTIAL IMPROVEMENT.Any repair, reconstruction, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, (1) Before the improvement or repair is started; or (2) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition,"substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences,whether or not that alteration affects the external dimensions of the structure.The term does not, however, include either: (1) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are the minimum necessary to assure safe conditions, or (2) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. WATERCOURSE.Any natural or artificial drainage way wherein waters flow either continuously or intermittently, including any adjacent areas subject to flooding.Watercourses include both natural and manmade open ditches, streams, enclosed storm drains, lakes, and ponds. (c) General Standards for Flood Hazard Reduction All new construction and substantial improvements within an area of special flood hazard, shall be constructed by methods and practices that minimize flood damage including, but not limited to: (1) Be designed and anchored to prevent flotation, collapse, or lateral movement of the structure; (2) Be constructed with materials and utility equipment resistant to flood damage; (3) All new and replacement water supply systems shall not allow infiltration of flood waters into the systems; (4) All public utilities and facilities shall be designed, constructed and located to minimize or eliminate flood damage. City of Lansing Zoning Ordinance 50-35 Back Article Tt7.C. I]efin. AA- Uses (5) Drainage shall be provided to reduce damage to structures created by flood hazards. (d) Specific Base Flood Elevation Standards (1) On the basis of the most recent available base flood elevation data the following standards shall apply in the area of s special flood hazard: .N a. All new construction and substantial improvements of residential structures shall have the lowest floor, including 7R basement, elevated to a minimum of one (1) foot above the base flood level. d b. All new construction and substantial improvements of structures shall have either: I. The lowest floor, including basement, elevated to a minimum of one (1) foot above the base flood elevation; or 2. Be constructed such that below base flood elevation,together with attendant utility and sanitary facilities: i. The structure is watertight,with walls impermeable to the passage of water; and ii. Is constructed with structural components having the ability to neutralize hydrostatic and hydrodynamic loads; and iii. The effects of buoyancy must be resisted. A registered professional engineer or architect shall certify that the standards of this subparagraph are satisfied, and that the flood proofing methods employed are adequate to withstand the flood depth, pressures,velocities, impact and uplift forces and other factors associated with a base flood in the location of the structure. Such certification shall be submitted to the Building Safety Office, and shall indicate the elevation to which the structure is flood proofed. (2) The most recent base flood elevation data received from the Federal Emergency Management Agency shall take precedence over data from other sources. (e) Construction. (1) Any use permitted by right or by special conditions for the zoning district applicable to the land in question, as governed by this Zoning Ordinance,shall be permitted in a designated floodplain,subject to compliance with all rules and regulations of the Federal Emergency Management Agency's National Flood Insurance Program and all applicable requirements of the City and the State Department of Natural Resources/Environmental Quality. (2) Where topographical data, engineering studies or other studies are needed to determine the effects of flooding on a structure and/or the effects of the structure on the flow of water,the applicant shall submit such data or studies.All such data shall be prepared by a registered professional engineer, architect or land surveyor. (3) No construction shall be allowed within a 100 year floodplain without obtaining the necessary permits from all City, State and Federal authorities. (4) Encroachments, new construction, substantial improvements and development shall be prohibited within the floodway. 109 Exception to this prohibition shall only be made upon certification by a registered professional engineer and the Michigan Department of Environmental Quality that the proposed development will not result in any increases in the base flood elevation during a base flood discharge. (5) Dumping or backfilling with any material or excavation in any manner is prohibited, unless: 0 a. Through compensating excavation and shaping of the floodplain,the flow and impounding capacity of the floodplain will be maintained or improved,will not cause an increase in the flood hazard or damage from floods and will not allow water to collect in pools that will stagnate. b. No significantly measurable reduction in the flow or capacity of the floodplain thereby results. 50-36 City of Lansing Zoning Ordinance c. Adequate site plans and engineering drawings shall be submitted to effectively show the final results of all dumping, backfilling or excavation. 1 d. Alteration of any floodplain area shall be subject to approval by the State of Michigan Department of Natural Resources/Environmental Quality. o N (6) The construction or location of bridges, outdoor play equipment, bleachers and similar outdoor equipment and o appurtenances and the storage of materials or equipment is prohibited in a floodplain, unless such elements would not a 76 cause any significant obstruction to the flood or reduction in the impoundment capacity of the floodplain and would not suffer flood damage. (f) Special Permit Required. A special permit is required for use of the floodplain on parcels of one-half acre or more in size. Such requests shall be made in writing,to the Planning Office,with the data required by section 1250.06 (e)(3) and (5)(c). Requests for special permits under this Section shall be submitted to the Planning Board for recommendation,to the Public Service Department for its technical report and to the Building Safety Office for compliance with all applicable building codes relative to construction in a 100 year floodplain, before final action is taken by the City Council. (g) Nonliability of City. The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based upon National and State regulations and standards. Larger floods and increased flood elevations may occur on occasions.Approval of the use of land, construction and/or development under this Ordinance shall not be considered a guarantee or warranty of safety or damage from flood events.This Ordinance does not imply that areas outside the area of special flood hazard will be free from flood damage, nor does this Ordinance create liability on the part of the City of Lansing or any officer or employees thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. 1250.07 VESTED RIGHTS (a) Nothing in this chapter shall be interpreted or construed to give rise to permanent vested rights in the continuation of any particular use, density,Zone District, neighborhood classification or permissible activity therein,. All land, buildings, structures, uses and designations are hereby declared to be subject to such subsequent amendment, change or modification as may be necessary for the reservation or protection of the public health, safety and welfare. City of Lansing Zoning Ordinance 50-37 Back Artie' #.O.C:' n: 1lap 'Uses'; This page intentionally left blank.. 1 N .N L 7R L d d 50-38 City of Lansing Toning Ordinance ram--1 — Back TO.C. cefin. Maur Uses: Chapter Landscaping DRAFT JULY 2017 00 City of Lansing Zoning Ordinance 4Ej I1 , ,� Back ArXCI�- 1252.01 . Defin. Map Uses Applicability (a) Landscaping for all districts in the city shall comply with the standards of this section. (b) An approved landscape, screening and buffering plan that meets the requirements of this Section is required prior to issuance prior to approval of a site plan for activities listed in Section 1260.02, Site Plans Required. CZ 1252.02 Planting plan specifications (a) A planting plan shall be provided to include the following: (1) Minimum scale of one inch equals 50 feet. (2) Existing and proposed contours with contour interval not to exceed two feet. (3) The planting plan shall indicate, to scale,the location, spacing and starting size for all proposed landscape material within the required buffer or landscaped area. (4) Typical straight cross section including slope, height and width of berms and type of ground cover or height and type of construction for all proposed walls, including footings. (5) Significant construction details to resolve specific site conditions, e.g.,tree wells to preserve existing trees, culverts to maintain natural drainage patterns. (6) Planting and staking details in either text or drawing form to insure proper installation and establishment of proposed plant materials. (7) A tree survey identifying the location and species of existing trees twelve (12) inches or greater in caliper, measured at 12 inches off the ground, and identifying which trees are to be preserved.The zoning Administrator may require an evaluation of the quality of the trees for purposes of determining which trees should be removed or preserved. (b) The requirements of an approved landscape, screening and buffering plan shall remain in force, unless written revision is approved by the Zoning Ordinance. (c) The landscaping shown on the approved landscape, screening and buffering plan shall be maintained according to Section 1252.09.Any plants in the approved plan that die shall be replaced within a reasonable time, but in no case shall such time exceed 4 months.The replacement plants shall meet the purpose of the original specifications of an approved landscape, screening and buffering plan. 1252.03 Plant material sizes and spacing (a) Trees and woody shrubs shall not be placed closer than 3 feet to the fence line or property line as measured from the center of root ball. Branches of trees may extend over property line but shrubs must be properly trimmed at the property line. Adjacent property owners reserve the right to trim branches of vegetation extending onto their property. (b) Evergreen trees shall have a minimum starting size of at least 5 feet in height. 00 (c) Deciduous trees shall have a minimum starting size of at least 2 caliper inches. (d) Shrubs shall have a minimum starting size of at least 24 inches in height and spread and spaced a distance apart equal to or less than 15% of the shrub's mature spread diameter. 1252.04 Species (a) Mixing of Species.The overall landscape plan shall not contain more than 33% of any one plant species.The use of trees native to the area, and mixture of trees from the same species association, is encouraged in all landscaped area. 52-2 city of Lansing Zoning Ordinance g�,Ck Arti�3e TCDC. �e�in. lulap Uses (b) Prohibited Species.The following invasive plant species shall not be planted: Common Name Scientific Name Common Name Scientific Name tw Black Swallow-wort Cynanchum louiseae / Q Norway Maple Acer platanoides Vincetoxicum nigrum Tree of Heaven Ailanthus altissima Pale Swallow-wort Cynanchum rossicum / Black Alder Alnus glutinosa Vincetoxicum rossicum Russian Olive Elaeagnus angustifolia Leafy Spurge Euphorbia esula Black Locust Robima pseudoacacia Baby's Breath Gypsophila paniculata I Eli Giant Hogweed Heracleum mantegazzianum Japanese Barberry Berberis thunbergii Dame's Rocket Hesperis matronalis Autumn Olive Elaeagnus umbellata Lyme-grass Leymus arenarius Glossy Buckthorn Frangula alnus/Rhamnus Purple Loosestrife Lythrum salicaria frangula White Sweet Clover Melilotus alba Privet Ligustrum vulgare Yellow Sweet Clover Melilotus officinalis Amur Honeysuckle Lonicera maackii Japanese Stilt Grass Microstegium viminium Morrow's Honeysuckle Lonicera morrowii Wild Parsnip Pastinaca sativa Tartarian Honeysuckle Lonicera tatarica Reed Canarygrass Phalaris arundinacea Bell's Honeysuckle Lonicera xbella Phragmites Phragmites australis Common Buckthorn Rhamnus cathartica Japanese Knotweed Polygonum cuspidatum Black Jetbead Rhodotypos scandens Giant Knotweed Polygonum sachalinense Multiflora Rose Rosa multiflora Mile-a-minute Weed Polygonum perfoliatum Woody Vines Narrow-leaved Cat-tail Typha angustifolia Oriental Bittersweet Celastrus orbiculatus - Aquatic Plants Japanese Honeysuckle Lonicera japonica Flowering Rush Butomus umbellatus Kudzu Pueraria lobata Water-hyacinth Eichornia crassipes Herbaceous Plants Hydrilla Hydrilla verticillata Garlic Mustard Alliaria petiolata European Frog-bit Hydrocharis morsus-ranae Narrow-leaved Bitter-cress Cardamme impatiens Eurasian Water Milfoil Myriophyllum spicatum Spotted Knapweed Centaurea stoebe/Centaurea Curly Pondweed Potamogeton crispus maculosa - For more information on invasive species: https://mnfi.anr.msu. Canada Thistle Cirsium arvense edu/invasive-species/factsheets.cfm European Swamp Thistle Cirsium palustre City of Lansing Zoning Ordinance 52-3 ..7 . p _ Back Article 'fCJ.C. 1?efin. Irtap U5e3 1252.05 Interior Site Landscaping Areas of lot coverage that are not paved or occupied by building footprint must be landscaped with grass lawn, ground covers, .Q perennial / shrub beds, or a combination thereof. Non-organic ground covers (e.g. stone chips, rock) must be arranged in a deliberate manner and may not exceed more than 25% of the site landscape area. Rubber pellets or other freely migrating materials require Zoning Administrator Approval. 1252.06 Non-residential Right of Way and Front Setback Planting (a) Street yard landscaping within the public rights-of-way (1) Public rights-of-way shall be planted with grass.Trees, shrubs, or other ground covers may be planted within the right- of-way with permission from the City Forester and other appropriate authorities with jurisdiction over the street. (2) Yards abutting Activity Corridors shall incorporate decorative paving and streetscape elements. Plant material shall be located in tree wells, bioswales, and above ground planters. (b) Between sidewalk and parking (1) Setback landscaping between the edge of sidewalk and parking lot edge shall consist of lawn and landscape planting beds. (2) Landscape planting beds shall be a minimum of 25% of the landscape setback area. (3) Setback areas greater than 20 feet in depth must plant at least one deciduous tree for every 30 feet of frontage or part thereof and a minimum of one shrub shall be planted for each ten lineal feet of frontage, or portion thereof. (4) These landscape requirements are in addition to other screening or buffer requirements as indicated in the applicable zoning district section. (c) Between sidewalk and building (1) Non-residential setback landscaping between the edge of sidewalk and building face shall consist of lawn, landscape planting beds, and paved pedestrian areas. (2) Landscape planting beds shall be a minimum of 25% of the landscape setback area. This may be reduced to 0% in areas where the public sidewalk is immediately to adjacent to the building face. (3) Setback areas greater than 20 feet in depth must plant at least one deciduous tree for every 30 feet of frontage or part thereof and a minimum of one shrub shall be planted for each ten lineal feet of frontage, or portion thereof. (4) (5) These landscape requirements are in addition to other screening or buffer requirements as indicated in the applicable zoning district section. 00 1252.07 Parking lot landscaping Parking lot landscaping shall be arranged in a manner that improves the safety of pedestrian and vehicular traffic,guides traffic movement, improves the environment and improves the appearance of the parking area and site. Parking lot landscaping shall be provided in accordance with the following standards: (a) In all industrial districts, one tree for each 6,000 square feet of the total of the paved driveway and parking lot surface is required. (b) In all other districts, one tree shall be required for each 4,000 square feet of paved driveway and parking lot surface, 52-4 City of Lansing Zoning Ordinance Back Article TCS,C. �efin. Map Uses provided that no fewer than 2 trees are provided. (c) All of the required parking lot trees and landscape areas shall be placed within landscape islands inside of the parking lot or the area within 10 feet surrounding the parking lot. tw (d) Each tree shall be provided with an open land area of not less than 150 square feet to provide area for infiltration and ev with a minimum diameter of 6 feet at the trunk of the tree for protection. If a sprinkled irrigation system is provided,the open land areas can be reduced to no less than 75 square feet.Tree plantings shall also be protected from automobiles with curbing or other suitable device. (e) landscaping shall be installed such that,when mature, it does not obscure traffic signs,fire hydrants, lighting, drainage patterns on site or adjacent properties, or obstruct vision for safety of ingress or egress. 1252.08 Buffering and Screening (a) A landscaped buffer shall be provided between the subject site and all adjacent properties as regulated in the district chapters. (b) At least I tree for each 30 linear feet, or fraction of buffer area shall be provided. (c) Landscape buffers shall consist of woody shrubs, evergreens,fencing/screen walls (75% or more opaque), or any combination thereof that forms a contiguous visual buffer at the required buffer height by district and at least 40% of the overall area must be covered by plant materials at the time of planting. (d) The Zoning Administrator may allow a consistent 75% or more opaque screen wall or fence for the entire length of the buffer to provide buffering that meets the intent of this section. If a screen wall or fence is used for all of the buffer area, the overall landscape buffer width may be reduced to 5 feet in depth. The remaining landscape buffer area must be covered at least 40% by plant materials at the time of planting. (e) Where a screen wall or fence is not otherwise required,the Zoning Administrator may require an opaque screening within the buffer area, to block views and contain materials. Screening shall be provided in the form of a 6 foot tall ornamental fence or wall, capable of keeping paper and other debris from blowing off the premises. 1252.09 Maintenance (a) Plant materials, including lawn,shall be kept trimmed and maintained so as to promote proper growth and a neat and orderly appearance. (b) Trees and shrubs shall be trimmed to avoid conflicts with pedestrian use of the sidewalk. (c) Landscaping at corner properties shall be planted to provide the clear vision required in Section 1250.003.03. Landscaping in the clear vision triangle shall not contain obstructions greater than 18" in height. (d) Weeds shall be kept under control. (e) Buffer strips shall be properly maintained according to the types of materials utilized. Cover materials shall be maintained in a manner as specified at the time of the plan's approval. (f) Landscape/buffer areas shall be kept free from refuse and debris. (g) No buildings or parking or storage of materials or vehicles shall be allowed in any designated buffer strips, unless approved by the Zoning Administrator. 1252.10 Waivers & Implementation (a) If the Zoning Administrator, upon inspection, determines that suitable landscaping, screening and buffering on a site already • City of Lansing Zoning Ordinance 52-5 Back Article C. Defin. Map Uses exists or that such landscaping, screening and buffering should not be required, then the provisions requiring landscaping, screening and buffering may be waived in whole or in part. However, such waiver shall not apply to the maintenance portion of this chapter. .Q (b) Criteria which shall be used when considering a waiver shall include, but shall not be limited to: (1) Existing natural vegetation; C (2) Topography; (3) Existing wetland,floodplain and poor soils areas; (4) Existing and proposed building placement; (5) Building heights; (6) Adjacent land uses; (7) Distance between land uses; (8) Dimensional conditions unique to the parcel; (9) Traffic sight distances; (10) Traffic operational characteristics on and off site; (11) Visual, noise and air pollution levels; (12) Presence of utility easements and adjacent utility corridors (13) Health, safety and welfare of the township; (c) The Zoning Administrator may consider fewer plantings than otherwise required if larger plantings are proposed. (d) If, in the determination of the Zoning Administrator, the weather makes it impossible or impractical to implement or maintain the landscape, screening and buffering plan prior to issuance of a certificate of occupancy or approval of the completed building or site improvements, the Zoning Administrator may grant an extension of up to 6 months to fully implement the landscape plan. Failure to implement the landscape plan shall be considered a violation of this Zoning Ordinance and subject to the enforcement procedures contained herein. 00 0 52-6 City of Lansing Zoning Ordinance ram--1 — Back TO.C. cefin. Maur Uses: Chapter Parking DRAFT OCTOBER 2017 00 City of Lansing Zoning Ordinance 0 0 LIZ- icle TO.C. Defin. Map U5e3 , 1254.01 OFF-STREET PARKING 1254.01.01 PARKING REQUIREMENTS IN GENERAL (a) Purpose. Off-street parking and loading areas are to be designed, maintained and operated in a manner that will ensure a adequate parking is provided, provide uncongested access for emergency vehicles, limit interference with the pedestrian realm and,where appropriate, protect surrounding uses from undesirable impacts of traffic and parking. Site access standards are intended to reduce the potential for crashes and congestion through a reduction of conflict points associated with traffic movements at other access points or street intersections.The standards of this section apply at the time of erection, enlargement or change in use, of any principal building or structure. (b) Compliance required. In each zoning district the off- street parking requirements for the storage or parking of a motor vehicle for the use of occupants, employees or patrons, in a structure which is erected, constructed, substituted, resumed or extended after the effective date of this Zoning Code (Ordinance 636, passed March 1, 1983), shall be as prescribed in this chapter.The determination of the required number of off-street parking spaces and the regulation of such spaces shall be as described in this chapter. (c) Ownership of Parking Lot.All off-street parking shall be under the direct control, either by ownership or lease, of the beneficial user of the property. If the off-street parking is controlled by lease and the lease is discontinued, it shall be the obligation of the beneficial user of the property served to provide replacement parking that meets the requirements of this chapter. (d) All off-street parking shall be under the direct control, either by ownership or lease, of the beneficial user of the property. If the off-street parking is controlled by lease and the lease is discontinued, it shall be the obligation of the beneficial user of the property served to provide replacement parking that meets the requirements of this chapter. (e) The storage of inoperable vehicles is prohibited in the off-street parking area required by Section 1250.02.07. 1254.01.02 LOCATION; EXPANSION; ENCROACHMENTS. Except as provided in subsections (a) to (c) hereof, all required off-street parking for a principal use, conditional use, special land use or nonconforming use shall be located on the same lot on which such principal use, conditional use, special land use or nonconforming use is located. Permitted locations for off-street parking are marked with an "Y in the following table and also described by district in Chapters 1243-45. District Front Side Rear R-I X X R-2 X X R-3 X X R-4 X X 109 R-5 X X R-6A X X X X X X X X extended where transitions and buffers will exceed requirements X 54-2 City of Lansing Zoning Ordinance District Front Side Rear S4 11 Du MXI ArterialI row ©© Suburban ©©© Prime Connector Neighborhood Connector MX2 -©© MXC -©© MX3 -©© DTI -©© I single- loaded bay x x DT2 DT3 --© I single- loaded bay x x IND= IND-2 -©© IND-3 -©© INST Arterial ©©© Suburban ©©© Activity - Prime Connector General Neighborhood Provisions Connector Local Street ©©© INST 2 Site Plan Review Arterial ©©© Suburban ©©© ACtlVlty -©© Special Prime land use Connector Neighborhood Connectorx x x �+ Local Street ©©© OrdinanceCity of Lansing Zoning i I J I I I I I I I I'll Ej, ,- Back Article To.c. Defin. Map Uses Uses, (a) The off-street parking for a lot which is zoned IND-I or IND-2 be located on a separate lot, if the following 3 conditions ' are met: (1) The lot does not contain a cabaret, as defined by Section 808.01. (2) The separate lot is zld IND-I or IND-2. a (3) The separate lot is not more than 5,280 feet, measured from the closest point on the closest lot line of the separate lot to the closest point on the closest lot line of the lot served, provided that is said parking is more than 1,000 feet from the Principal Use then a shuttle service shall be provided. (b) Off-street parking for nonresidential uses on a lot which is zld a Commercial Mixed-Use District may be located on a separate lot if the following 3 conditions are met: (1) The lot does not contain a cabaret, as defined by Section 808.01. (2) The separate lot is z I d a Commercial Mixed-Use District. (3) The separate lot is not more than 300 feet, as measured from the closest point on the closest lot line of the separate lot to the closest point on the closest lot line of the lot served. (c) Valet parking, approved as noted in Section 1254.01.04 may be on another lot.. 1254.01.03 PARKING REQUIRED (a) Factors for Calculation of Parking: (1) Gross Floor Area. Where floor area is the unit for determining the required number of off-street parking and loading spaces,said unit shall mean the gross floor area (GFA), unless otherwise noted. (2) Gross Leasable Floor Area. Where the floor area measurement is specified as gross leasable floor area (GLA), parking requirements shall apply to all internal building areas excluding the floor area used for incidental service, storage, mechanical equipment rooms, heating/cooling systems and similar uses, and other areas nor intended for use by the general public.Where these areas are not yet defined, leasable floor area shall be considered to be eighty-five percent (85%) of the gross floor area. (3) Bench Seating. In calculating bench seating for places of assembly, each twenty-four (24) inches of benches, pews or other such seating shall be counted as one seat. (4) Employees. Where the number of spaces required is based on the number of employees, calculations shall be based upon the maximum number of employees likely to be on the premises during the peak shift. (5) Fractional Requirements. When units of measurements determining the number of required parking or loading spaces result in a fractional space, any fraction up to and including One-half shall be disregarded and fractions over one-half shall require one additional parking space 0 (1) Similar uses. If a use is not specifically described in Table 1254.01.03,the minimum number of spaces for the use shall 10 be determined by the Zoning Administrator by requiring the minimum number of spaces for a use which is listed and is similar to the use in question. (b) Table 1254.01.03 Parking Requirements Vehicle parking spaces shall be provided in accordance with the following table. The required parking shall included barrier free parking as required per 1254.01.05, bike parking per 1254.02.02 and loading/unloading zones per 1254.01.05. 54-4 City of Lansing Zoning Ordinance B�[k; krti a T(7,C. -U?rin Mai j Use Minimum Number of Parking Spaces Residential Single-family detached dwellings 2 for each dwelling unit. I parking space may be in a private garage on the property. Parking spaces may be on an approved driveway but only Two-family dwellings the part of the driveway outside of the public street right-of-way may be included. Multiple dwelling 1.0 spaces per each efficiency 1.5 spaces per I bedroom dwelling unit, 2.0 spaces per each unit with 2 or more bedrooms Mobile home park 2 spaces per lot, at least I of which to be provided on the lot.To provide the balance of this requirement, parking may be provided within 300 feet of all lots it is intended to serve.All parking areas shall be clearly defined and hard surfaced. Bed and breakfast inn 2 for the permanent residents plus I for each room rented Human Care Facilities Child care facility I for each employee and I for each 10 children, plus 3 passenger vehicle spaces for loading and unloading of children Group day care and foster care group homes I employee parking space, plus 3 passenger vehicle spaces for loading and unloading of children, either on-site or in legal parking areas along the street adjacent to the house. Housing for the elderly Senior independent units 1.0 spaces per unit plus .25 spaces per unit for visitor parking. Senior "interim care" and" intermediate care" units retirement villages .5 spaces per unit or 2 beds plus .25 spaces per unit for visitor/employee parking. Nursing care .25 per unit or bed plus .5 spaces per unit for visitor/ employee parking Institutional, Recreational, and Public Gathering Venues Places of Public Assembly I space per each 3 seats or 6 feet of bench seating. Calculations shall be based on the occupancy for all assembly areas combined. Hospital 2 spaces per each inpatient room or exam or outpatient procedure/ operating room plus I space per laboratory or recovery room plus I space for each patient or procedure room for employee parking plus Parking for any medical offices is in addition. to the above. Museum or library I parking space per 250 square feet plus separate parking for school or charter buses Elementary and middle schools I space for each teacher or administrator or staff person plus separate loading/unloading areas for buses. Adequate and distinct parking and drop-off/pick-up zones for parents shall be specifically marked. Additional parking shall be provided for any auditorium or athletic fields, as required for "places of public assembly". 44 00 City of Lansing Zoning Ordinance 54-5 Back Article i C. Defin. Map Uses Use Minimum Number of Parking Spaces High Schools, Colleges and Universities I for each I teacher or administrator or staff person plus I for each 5 students For High Schools: a Separate areas for any bus drop-off and pick-up zones. Additional parking shall be provided for any auditorium or athletic fields as noted under "Places of Public Assembly" provided the Zoning Administrator may reduce that additional parking if activities are during the school day (such as a cafeteria) or will occur during non-school times when adequate parking is available. Bowling alley. 5 for each bowling lane, plus parking required by this section for any bar, restaurant or assembly space attached to a bowling alley Dance hall, pool or billiard parlor, roller or ice I for each 3 persons allowed within the maximum occupancy load as skating rink,fitness center or gym, exhibition hall established by the local, County or State fire, building or health codes or assembly hall without fixed seats. Golf courses (except a miniature or par 3 course) 6 for each hole and I for each employee Miniature or par 3 golf course 3 for each hole and I for each employee Parks, Open Space, Plaza (public or private) as determined by the Zoning Administrator in consideration of types of activities,facilities and potential for walking and bicycling visits Community or Senior Centers I space per each 200 sq feet, provided the Zoning Administrator may modify the requirements based on the types of activities provided, level of programming, and potential for trips to be via transit,walking, bicycle or shared ride Professional and business offices (non-medical) I per 300 square feet. For any building or percentage of building used for medical or clinic, additional parking shall be required for that use, as noted above. Clinic/Medical Office I for every 200 square feet Bank I for every 250 square feet of gross floor area plus 3 parking or stacking spaces for each ATM machine plus 3 stacking spaces for each drive-in window General Retail Uses Retail use Up to 300,000 square feet of shopping area: I space per 250 square feet plus parking required for any areas used as a grocery or sit-down type restaurant. 109 For part of building over 300,000 square feet: I per 300 square feet provided a parking management system is in place for employee parking for peak holiday shopping days. Parking for a theater shall be calculated separately. Shopping center (which may include a grocery and I space per 200 square feet for up to 100,000 sq.ft,. then I per 250 sq. restaurants) ft. for the remainder of the building(s) Grocery store, liquor or beverage store I space per 200 square feet 54-6 City of Lansing Zoning Ordinance g�Ck Article t T, ,C. [7efin. Map Uses Use Minimum Number of Parking Spaces Showroom or repair shop for the display or repair 4 for each establishment plus of goods such as bathroom and kitchen fixtures, I for every 800 square feet of usable floor area tw shoes, plumbing and heating/cooling equipment, machinery, and similar goods a Outdoor sales facility (not including specific types I for every 500 square feet of lot area used for retail sales or retail use such as vehicle sales addressed separately) Food and Beverage Sales Restaurant (General sit-down types not including I space per 125 square feet restaurant categories with specific uses below) Coffee, tea and beverages (may include bakery I space per 100 square feet plus items) At least 10 stacking spaces for any drive thru Carry-out restaurant (with no or limited seating 6 per service or counter station plus for eating on premises) I for each employee (minimum of 3) Drive-in restaurant I space for each customer order station Parking for employees (minimum of 6) Parking required for any indoor seating Bars, taverns, brewbubs etc. I space per each 60 square feet of useable floor area or I per 2 seats, whichever is greater Commercial Services Animal hospital or kennel I per 500 square feet Dry Cleaners I per 100 square feet of area open to the public (minimum of 2) Employee parking (minimum of 2) Personal Service Use 2 for each chair, booth, or bed Hotel I per room plus additional parking for any meeting rooms, banquet facilities and restaurants as determined by the Zoning Administrator Nursery, commercial greenhouse I per 500 square feet Funeral home I for each 50 square feet of assembly, parlor or chapel room floor area Laundromat or coin-operated dry cleaner I space for each three washing or dry cleaning machines Studio, such as dance, health, music or other I for every 40 square feet of usable floor area similar place of instruction Self-storage rental I space for each employee, plus one space for each 50 storage rental units Auto-Related Uses Motor vehicle service station I space at each fueling station plus at least 3 spaces for employees plus I space per each tow truck, plus I space for each 500 square feet devoted to sales of automotive goods or convenience items Motor vehicle repair station I space for each 250 square feet plus one space for each service bay Vehicle sales,vehicle leasing I for each 300 square feet of usable floor space in the salesroom 2 for each auto service stall in the service area Spaces shall be distinct from, and shall not include, spaces for display or storage of vehicles for sale or lease City of Lansing Zoning Ordinance 54-7 Back Artie a 7.O.C. l7efih. Map. Uses Use Minimum Number of Parking Spaces Auto wash I space for each employee plus 5 stacking spaces for the storage of waiting vehicles plus 4 waiting spaces per wash rack for self-serve auto washes a "Wholesalewarehouse activities 5 spaces plus I space for each employee in the shift which has the greatest number of employees, or one for each 1,500 square feet, whichever is greater. Manufacturing, Processing and other types of I space per 400 square feet or 1.2 spaces per employee at peak shift, industrial uses whichever is greater; plus I space for each corporate vehicle (c) Limits on Excessive Parking. In order to minimize excessive areas of pavement which reduces aesthetic standards and contribute to high rates of storm water runoff, exceeding the minimum parking space requirements by more than twenty percent (20%) shall only be allowed with approval by the Zoning Administrator. In granting such additional space, the Zoning Administrator shall determine that such parking will be required, based on documented evidence, to accommodate the use on a typical day. Except in industrial districts or an institutional use, the spaces exceeding the 20% minimum must be made available for public parking. 1254.01.04 FACTORS TO PERMIT A REDUCTION FROM THE AMOUNT OF PARKING REQUIRED (a) Shared Parking on the Same Lot. Where two or more uses are present on the premises, parking requirements shall be calculated for each use, based on the Table 1254.01.03. However,the Zoning Administrator may permit a reduction for shared parking between two or more uses where the applicant can document that the amount of parking provided will meet the peak needs of the uses collectively as noted in (d) below. (b) Shared Parking on Adjacent Lots.Two (2) or more buildings or uses may collectively provide the required off-street parking, in which case the required number of parking spaces for the uses calculated individually may be reduced by the Zoning Administrator by up to 25%, provided a parking study is provided as noted in (d) below and a signed agreement is provided by the property owners in a form acceptable to the City Attorney. (c) Parking Reductions.The Zoning Administrator may permit a reduction of required parking by up to 20% provided that a parking study is provided as noted in (d) below. (1) Owner provides a parking study as noted in (d) below that demonstrates the amount of parking provided will be sufficient for the nature of the use as determined by the City Transportation Engineer. Such parking study shall be based upon publications of research and/or actual parking counts for the particular use. In such case, the city may require the owner provide a program to provide the amount of required parking if the actual parking needed exceeds the parking provided. (2) Owner demonstrates that there is available shared parking available, either in a municipal lot, parking structure, or 109 shared with another property. For shared use of a private lot, the owner shall demonstrate that there will be sufficient parking available for all users during the time of peak shared demand. (3) Owner provides incentives for employees to use public transit, bicycle or live within walking distance of the use. In such case the applicant shall provide information on the program that demonstrates effectiveness to the city.This could 0 include priority on-site bicycle parking, stipends for use of transit, employee reward programs for non-single occupant vehicle commutes or similar incentives.The accepted parking reduction program would be a condition of zoning approval. (4) The amount of required parking may be reduced if a shared car or program is provided. The amount of the reduction 54-8 City of Lansing Zoning Ordinance shall be determined by the Zoning Administrator,with input from the Transportation Engineer, in consideration of the number of shared vehicles provided and the level of availability. (d) Parking Study.A parking study to support a parking reduction shall be prepared by a qualified professional based on methodologies of recognized parking organizations such as the Urban Land Institute or the Institute of Transportation Engineers. a (e) Valet Parking.The Zoning Administrator may allow a reduction in on-site parking required for valet parking provided the valet parking area is under the same ownership as the Principal Use or is leased and that a shared parking agreement has been approved by the City Attorney. Such parking agreement shall be considered as part of the permitted use such that, if the parking agreement is no longer valid, the city may restrict the use to the scale of parking available. (f) Exceptions in DT-3 and MX-3 Districts. The Zoning Administrator may reduce or waive required parking for businesses in recognition of the presence of public on-street parking spaces and municipal parking lots. 1254.01.05 BARRIER FREE PARKING REQUIREMENTS (a) Barrier Free Parking. Within each parking lot, signed and marked barrier free spaces measuring twelve (12) feet in width shall be provided at a convenient location, in accordance with the following table. Barrier Free Parking Space Requirements shall be in accordance with the Michigan Department of Labor, Construction Code Commission, Barrier Free Design Division. SpacesTotal p. - 25 1 101 150 5 26 - 50 2 151 200 6 51 - 75 3 201 300 8 76 - 100 4 301 400 12 over 400 12 plus 2 for every 250 or fraction thereof over 400 (b) Barrier Free Route. Where a curb exists between a parking lot surface and a sidewalk entrance, an inclined approach or curb cut with a gradient of not more than a 1:12 slope and width of a minimum four (4) feet shall be provided for wheelchair access. 1254.01.06 VARIANCES If the following conditions are met, the Board of Zoning Appeals may grant a variance to the minimum number of required off- street parking spaces: (a) More than I type of use operates out of I structure, or more than I structure jointly uses the same off-street parking facility. (b) The peak operating hours of each use do not overlap. 1254.01.07 STORAGE OF MERCHANDISE AND INOPERABLE VEHICLES. ftk (a) The storage of merchandise, motor vehicles for sale and trucks, or the repair of vehicles, is prohibited in the off-street parking area required by Table 1254.01.03, if such activity reduces the number of off-street parking spaces available below the number required by Table 1254.01.03. 1254.01.08 PARKING SPACE DIMENSIONS (a) Except for I-family or two-family dwellings, required off-street parking shall be designed pursuant to this section. 0 City of Lansing Zoning Ordinance 54-9 Back Article T.i7.C. � 17efin. Map U5e5 (b) Dimensions. All parking spaces and maneuvering aisles shall be designed and marked with minimum dimensions described below. (1) Perpendicular 90 bo ( gree) parking 2-way 24 ft. r a �Aisle Width I-way 18 ft. Stall Depth 18 ft. min.' 0 �=� O ® Stall Width 9 ft. ` !► Overall Width (double- 2-way 60 ft. loaded bay) I-way 54 ft. ®Corner Radius 5 ft. I. Space length may be reduced by up to two feet if an unobstructed overhang of not less than two feet is provided, such as a landscaped area or sidewalk.A sidewalk shall have a minimum width of seven feet where abutting a parking area. 2-way 20 ft. 40000, � Aisle Width -way 15 ft. 0 ,ram t Stall Depth 18 ft. min.' ® Stall Width 9 ft. ' 0 varies depending on the _mk Overall Width (double- angle of the parking loaded bay) and I-way or 2-way traffic (3) Parallel parking ■ ! Stall Length 20 ft. min. ' 05' Stall Width 1 ft. min., 8 ft. typical00 ® Aisle Width 10 ft. min., 12 ft. max. ® Overall Width ( le sin �x loaded bay) g 18 ft. min (4) Islands A f O (1) Mid-bay islands: minimum of 9'wide (2) Between facing bays: minimum of 6'wide (3) End-cap islands: minimum of 6'wide 54-10 City of Lansing Zoning Ordinance Back Article TC?,C. Defin. Map Uses (c) If requested by an applicant,the width of a parking space and any dimension described in (b) above may be varied by the Transportation Engineer, based upon all of the following criteria: (1) The size of vehicles which use the lot; tw (2) The turnover rate; (3) The shape of the lot; a (4) Sound traffic flow principles; (5) The use of the lot; and (6) Adequacy of signs that provide information or restrict parking in certain spaces. 1254.01.09 SURFACING (a) Except as provided for in subsections (b) and (c) hereof, off-street parking and loading areas, including access drives, shall be hard-surfaced with either Portland cement or asphalt. (b) An alternative surface, including, but not limited to, gravel, may be approved by the Zoning Administrator, if circumstances exist which justify the alternative surface, and if the City Engineer believes the alternative surface will not result in an unreasonable amount of sediment being deposited in the sewers, and so long as the alternative surface is maintained in a dust-controlled condition. (c) A lot used temporarily for off-street parking may be surfaced with gravel, so long as the temporary use does not extend for more than two years, and so long as the surface is maintained in a dust-controlled condition. 1254.01.10 GRADING AND DRAINAGE (a) The City Engineer shall approve the grading of required off-street parking areas, based upon the design standards promulgated by the American Association of State and Highway Transportation Officials. (b) The City Engineer shall approve drainage of required off-street parking areas, if the drainage may adequately be served by an existing storm sewage system. 1254.01.1 I SIGNS, STRIPING,AND MAINTENANCE (a) The City may require the installation of pavement markings and signs to direct circulation, provide information, and identify restrictions on use of parking spaces and loading areas. (b) Except for one-family or two-family dwellings parking spaces shall be striped and such striping shall be maintained. (c) Maintenance of Parking Lot. All off-street parking and loading facilities required by this Chapter shall be maintained free of accumulated snow, debris or other materials which prevent full use and occupancy of such facilities except for temporary periods of no more that five (5) days in the event of heavy rainfall or snowfall. 1254.01.12 INGRESS AND EGRESS (a) The number and location of points of ingress and egress to off-street parking areas developed after the effective date of this Zoning Code (Ordinance 636, passed March 1, 1983) shall be approved by the Transportation Engineer. (b) The number of access points shall be the minimum necessary to provide reasonable access as determined by the City Transportation Engineer. (c) To reduce conflicts which can contribute to congestion and crash potential, access shall be located as far from signalized intersections as is practical. City of Lansing Zoning Ordinance 54-1 1 MMMMM ,4 Back Article TO.C. Defin. Map U5e3 (d) Access shall be located to minimize conflicts with through traffic, pedestrians, bicyclists and movements into access points ' adjacent to the property or across the street. To confirm this, a site plan shall include driveways across from the property frontage and adjacent access points. (e) The City Transportation Engineer may require redesign, relocation, easements for a shared access system or restrict some a movements at an access point to provide safe and efficient operations. (f) Each ingress and egress to and from any off-street parking area located in an area zoned for other than single-family residential use shall be at least 5 feet from any adjacent property located in any Single-Family Residential District. (g) All parking spaces shall be provided adequate access by means of maneuvering lanes. Backing directly into a street is prohibited. 1254.01.13 UNOBSTRUCTED ACCESS (a) Except as provided in subsection (b) or (c) hereof, each required off-street parking space shall be arranged in a way which provides for unobstructed access to a public right-of-way. Unobstructed access shall not be construed to prohibit security devices. (b) In the case of a lot used as a single-family dwelling, I of the two off-street parking spaces required by Table 1254.01.03 may be obstructed from access to a public right-of-way by another parking space, if all of the following conditions are met: (1) The obstructed space is located on an approved driveway. (2) The obstructed space is not in the front yard. (3) The driveway is surfaced pursuant to the requirements of Section 1254.01.09 (4) The unobstructed space is directly behind the obstructed space. (c) In the case of a lot used as a two-family dwelling,two of the four off-street parking spaces required by Table 1254.01.03 may be obstructed from access to a public right-of-way by another parking space, if all of the following conditions are met: (1) The obstructed space is located behind the front line of the dwelling. (2) The obstructed space is not in the front yard. (3) The driveway is surfaced pursuant to the requirements of Section 1254.01.09. (4) The unobstructed space is directly behind the obstructed space. 1254.01.14 LIGHTING. All lighting used to illuminate any off-street parking area shall be so installed as to be confined within and directed onto the parking area only. 0 1214,01,11 VEHICLE STOPS (a) A vehicle stop shall be provided for any parking space if the space abuts a public right-of-way, sidewalk, or landscaping or screening required by Chapter 1252, and shall either be one of the following or be approved by the Transportation Engineer: (1) A concrete curb; (2) A concrete, or similar durable material, stop properly anchored; or (3) A steel or concrete post at least 3 feet in height. 54-12 City of Lansing Toning Ordinance Back Article TU,C. Defin. Map Uses 1254.01.16 CHANGES TO A PARKING LOT (a) An area designated as required off-street parking may be changed to another use or encroached upon, so long as the , minimum requirements of Table 1254.01.03 continue to be met. tw s= (b) Changes to parking areas other than for single family detached homes or duplexes on individual lots shall be approved as part of a site plan. Minor changes to the parking layout, such as a reconfiguration, as determined by the Zoning a Administrator, shall require submittal of a parking plan which indicates property lines, existing and proposed ground elevations at two (2) foot contour intervals, the number of spaces, calculations for meeting the minimum space requirements of this Article, dimensions of aisles, driveways and typical parking stalls, location of curbs and curb blocks, location and size of signs, existing and proposed landscaping, existing and proposed lighting and drainage facilities. (c) Reduction prohibited.A substitution, alteration or deletion of any off-street parking shall not have the effect of reducing the off-street parking below the number required in Table 1254.01.03. 1254.01.17 LOADING When on premise space for standing, loading and unloading vehicles is necessary for uses involving the receipt or distribution of goods, the following provisions shall apply: (a) Traffic Flow. The size of the loading area shall be sufficient to prevent undue interference with adjacent required parking spaces, maneuvering aisles, or traffic flow on public streets. (b) Alleys. Where an alley exists at the rear of the building, the loading area may be computed from the centerline of the alley. (c) Location. Loading/unloading areas and docks shall not be provided in the front yard or on any building side facing and directly visible to a public street. Where possible, loading areas shall be integrated into the design of the building to minimize visibility. (d) Screening. Loading docks and loading areas facing a residential district shall be adequately screened by a wall and/or landscaping. (e) Not Included with Parking. Required loading areas shall not be included in calculations for off-street parking space requirements. (f) Size. The size of all required loading/unloading spaces shall be at least ten (10) feet by fifty (50) feet or five-hundred (500) square feet in area,with a clearance of at least fourteen (14) feet in height. The Zoning Administrator may modify this requirement for uses that will involve smaller delivery trucks such as offices. (g) Pavement. Loading dock approaches shall be constructed of an asphalt or Portland cement binder with a base sufficient to accommodate expected vehicle weight. 1254.01.18 FRONT YARD PARKING (a) Prohibitions; Exceptions. (1) In Residential districts described in Chapter 1244 no person shall park or place a motor vehicle, trailer or watercraft in a front yard. However,this section shall not apply: a. To vehicles parked or placed in a driveway; b. While engaged in actual loading or unloading; c. Where permitted pursuant to any other provision of these Codified Ordinances; d. Where parking areas were legally established by designating front yard parking on plot plans in connection with plans submitted for building permits which were issued prior to the effective date of this chapter City of Lansing Zoning Ordinance 54-13 Back Article TU.c. Defin. AA— Uses (2) Where prior to such effective date, parking areas were established in front yards as an accessory use to a lawful ' conforming use by the development of hard-surfaced parking areas. (b) Notice of violation Whenever any motor vehicle,trailer or watercraft is found parked in violation of this chapter,the personnel authorized by a Council resolution shall take the registration number and any other information displayed which may identify its user and shall conspicuously affix to such motor vehicle, trailer or watercraft a notice, in writing, on a form provided by the City Controller and approved by the City Controller and the Director of the Department of Planning and Municipal Development,for the driver or operator to answer the charge against him or her within 3 days, Saturdays, Sundays and holidays excepted, during the hours and at the place specified in the notice. (c) Failure to comply with notices If a violator of any of the provisions of this chapter does not appear in response to the notice affixed pursuant to subsection (b) above within a period of 5 days, Saturdays, Sundays and holidays excepted, a final notice shall be sent to the owner of the motor vehicle,trailer or watercraft to which the notice was affixed, informing him or her of the violation and warning him or her that if such notice is disregarded, a complaint will be filed and a warrant of arrest issued in the same manner provided for parking tickets in the Traffic Code. (d) Presumption in reference to illegal parking In any prosecution under this chapter, proof that the particular motor vehicle, trailer or watercraft described in the complaint was parked in violation of this chapter, together with proof, as disclosed by the records of the Secretary of State, that the defendant named in the complaint was, at the time of such parking,the registered owner of such motor vehicle,trailer or watercraft, shall constitute in evidence a prima-facie presumption that the registered owner thereof was the person who parked or placed such motor vehicle,trailer or watercraft at the point where, and for the time during which, such violation occurred. 1254.02 BICYCLE PARKING 1254.02.01 DEFINITIONS. For purposes of this chapter: APBP GUIDELINES.The 2nd edition of the bicycle parking guidelines issued by the Association of Pedestrian and Bicycle Professionals. BICYCLE LOCKER.A locked compartment for the storage of a single bicycle. BICYCLE PARKING SPACE.A secure structure designed and available exclusively for the storage of a bicycle. BICYCLE ROOM.A room with controlled access for users of bicycles to be stored in the room. EXEMPT PROPERTY. Is property: 109 (e) For which the Zoning Administrator, per Section 1254.01.04(f), reduces or eliminates the off-street parking requirements of Table 1254.01.03 and (f) For which the property owner does not actually provide off-street parking. Non-exempt property in a DT-3 or MX-3 district is property: (g) For which the Zoning Administrator, per Section 1254.01.04(f), reduces or eliminates the off-street parking requirements of Table 1254.01.03; and • (h) For which the property owner does actually provide off-street parking. 54-14 City of Lansing Zoning Ordinance Back A� TIC. � L7efin. y iulap Uses LONG-TERM BICYCLE PARKING SPACE. Bicycle parking that is covered and enclosed on all four sides. SHORT-TERM BICYCLE PARKING SPACE.Any bicycle parking space that is not a long-term bicycle parking space. 1254.02.02 REQUIRED BICYCLE PARKING SPACES. t Bicycle parking spaces shall be provided for the benefit of any structure identified in Section 1254.02.04 or Section 1254.02.05 if, a after the effective date of this chapter: (a) A site plan for the property on which the structure is located must be submitted to the Planning Office; (b) The property on which the structure is located is re-zld to a district other than a Residential District; or (c) A special land use permit is granted for the property on which the structure is located. 1254.02.03 BICYCLE PARKING GUIDELINES. (a) To the extent feasible and unless otherwise provided by this chapter or the City of Lansing Bicycle Parking Guidelines promulgated by the Zoning Administrator, property owners are encouraged to conform to the APBP Guidelines, copies of which are available in the Planning Office and the City Clerk's Office. (b) During the operating hours of the structure identified in Sections 1254.02.04 and 1254.02.05, bicycle parking spaces required by this chapter shall be lit at an illumination level of at least .4 footcandles. (c) Bicycle parking spaces shall be located within 100 feet of an entrance to the structure or inside the structure. (d) Bicycle parking spaces shall be adequately maintained and kept free of mud, debris, ice, and snow. (e) Each short-term bicycle parking space provided pursuant to the provisions of this chapter shall support a bicycle in an upright position; allow both the bicycle frame and the front wheel to be locked; be securely anchored; have a hard surface, such as asphalt, concrete, or brick pavers,with dimensions of at least b feet by two feet; be constructed of materials that resist cutting, rusting, bending, and deformation; and be installed in accordance with the City of Lansing Bicycle Parking Guidelines promulgated by the Zoning Administrator based on the APBP Guidelines, maintenance of uniformity among Michigan communities, and other best practices. (f) Long-term bicycle parking spaces provided pursuant to the provisions of this chapter must be provided in (1) bicycle lockers that ensure adequate clearance for simultaneous users; (2) bicycle racks in locked cages; or (3) bicycle rooms. 1254.02.04 SHORT-TERM BICYCLE PARKING REQUIREMENTS BASED ON LAND USE. (a) For purposes of this section: (1) Every 24 inches of bench seating shall be counted as I seat. (2) Numbers resulting from the prescribed formulas shall be rounded up from %Z to the next whole number in calculating the number of required bicycle parking spaces. (b) Short-term bicycle parking is not required on exempt property. On non-exempt property in a DT-3 or MU district the property owner shall provide a number of short-term bicycle parking spaces that is at least 5 percent of the number of off-street parking spaces actually provided. (c) Except as otherwise provided in subsection (b), property owners shall provide the following number of short-term bicycle parking spaces for the benefit of the corresponding specified structures: City of Lansing Zoning Ordinance 54-15 Back Artie' #.O.C:' rr Map Structure Required Number of Bicycle Parking Spaces I Multifamily Residential 2 for every 10 dwelling units Churches and Other Places of Worship 2 for every 50 seats in the main unit of worship Lodging 2 for every 50 units Athletic Clubs and Fitness Centers Libraries and Museums Planned Developments and Shopping Centers Retail Stores not Otherwise Identified 2 for every 500 square feet of usable floor area,with a maximum of Banks and Financial Institutions 30 Offices of Medical Professionals, Health Clinics, and Medical Centers Gas Stations Sports Arenas and Stadiums 2 for every 250 seats,with a maximum of 30 Theaters and Auditoriums 2 for every 100 seats,with a maximum of 30 Eating and Drinking Establishments 2 for every 24 seats 2 for every 5,000 square feet of usable floor area,with a minimum Commercial Property not Otherwise Identified of 2 Industrial, Manufacturing,Wholesale, and Research 2 for every 20,000 square feet of usable floor area,with a minimum Establishments of 2 Commercial Off-Street Parking Facilities 2 for every 20 vehicle parking spaces,with a maximum of 30 Consumer Repair Service Establishments 2 for every 3,000 square feet of usable floor area,with a minimum of 2 and a maxim um of 30 Cemeteries, Mausoleums, and Parks 2 for every 20,000 square feet of land, with a maximum of 10 1254.02.05 LONG-TERM BICYCLE PARKING REQUIREMENTS BASED ON EMPLOYMENT AND TRANSIT. (a) For purposes of this section, numbers resulting from the prescribed formulas shall be rounded up from % to the next whole - number in calculating the number of required long-term bicycle parking spaces. (b) Except as otherwise provided in subsection (c), in addition to any requirements imposed by Section 1254.02.04: (1) Property owners are not required to provide long-term bicycle parking spaces for the benefit of structures other than bus stations in which no more than 40 employees work at any given time. (2) Property owners shall provide two bicycle parking spaces for every 40 employees that work in a structure other than a bus station at any given time. (3) Property owners shall provide two bicycle parking spaces for every bus bay in a bus station. (c) Long-term bicycle parking is not required on exempt property. On non-exempt property in a DT-3 or MX-3 district, in addition to any requirements imposed by Section 1254.02.04, the property owner shall provide a number of long-term bicycle parking spaces that is at least 5 percent of the number of off-street parking spaces actually provided. 1254.02.06 OFFSET OF REQUIRED OFF-STREET PARKING SPACES. The number of off-street parking spaces required by section 1254.01 will be reduced by I space, with a maximum reduction of 20 percent of the number of off-street parking spaces required by Table 1254.01.03, for each of the following: (a) Every 6 bicycle parking spaces provided in excess of those required by this chapter; 54- 16 City of Lansing Zoning Ordinance Back (b) Every 6 short-term bicycle parking spaces covered by a permanent structure approved by the Zoning Administrator. 1254.02.07 VARIANCES. 0 tw (a) A property owner may seek a variance from the requirements of this section by submitting a written application to the Board of Zoning Appeals and paying a fee set by Council resolution.The application must: a (1) Identify I of the following: a. Demonstrable financial burden that would substantially impair the property owner's financial ability to construct or structurally alter the structure; or b. Measurable and demonstrable lack of demand for the bicycle parking spaces required by this chapter, as demonstrated by a consumer survey or other method acceptable to the Board of Zoning Appeals. (2) Specify the extent to which, and the manner in which, the property owner is capable of and willing to fulfill the objectives of this chapter by partial compliance with its requirements or alternative methods of fulfilling its objectives. (b) Upon receipt of an application meeting the requirements of subsection (a), the Board of Zoning Appeals shall either grant or deny the variance, including any conditions for partial compliance. In determining whether to grant or deny the variance or grant the variance subject to the condition of partial compliance, the Board of Zoning Appeals shall consider the extent to which the applicant has demonstrated I of the bases for a variance required by subsection (a)(1);the extent to which the applicant has demonstrated good faith by offering partial compliance or alternatives pursuant to subsection (a)(2); the character of the structure and its surroundings; and the impact of the variance on the character of the structure's surroundings and owners of other property in the vicinity. City of Lansing Zoning Ordinance 54-17 This page intentionally left blank. a 54- 18 City of Lansing Zoning Ordinance ram--1 — Back. TO.C. cefin. Maur Uses: Chapter . 1 Site Plan Review DRAFT APRIL 2017 109 City of Lansing Zoning Ordinance MENNELIX1LO. C. Defin. Map Uses 1260.01 Intent It is the intent of this article to require site plan review and approval prior to issuance of a zoning compliance permit for certain buildings, structures and uses to ensure that the arrangement, location, design and materials within a site are consistent with the character of the city and the goals and design guidelines in the Design Lansing Master Plan,the regulations in this Zoning Ordinance, and compliance with other City Ordinances related to development. In particular,the standards herein are a intended to minimize negative impacts on natural resources, utility systems, public service delivery, traffic operations, pedestrian Y and bicyclist safety, adjacent neighborhood or district character, and the character of future development. It is further the intent of this article to bring existing sites that do not conform with current standards of this chapter into greater conformity when uses change or an exterior renovation or expansion is proposed. 1260.02 Uses Subject to Review (a) Except for individual single or two-family principal or accessory structures, a site plan shall be submitted to the Planning Office for all of the following activities: (I) Construction of a new building or building addition that is 1,000 square feet or greater in area; (2) Structural alteration of an existing structure or a change of use when the effect of the alteration or change is to increase the intensity of the land use; (3) Excavation or filling of ground within the boundaries of the 100-year base floodplain; (4) The installation of 1,000 square feet or more of new impervious surface; (5) A manufactured housing community; (6) An activity which relocates a structure from one lot to another lot or within the same lot; and (7) Mass grading of topography and/or grading that alters the existing site drainage patterns. (b) The Planning Office may waive the requirement of site plan review when the Planning Office and all other City departments that are charged with reviewing site plans, including the Board of Water & Light, are in agreement that there is no reasonable need for site plan review under the circumstances involved. 1260.03 Standards for Approval The Zoning Administrator may deny, approve, or approve with conditions the plan based on the following design standards that apply in addition to the applicable use and dimensional regulations: (a) Site Design Characteristics. All elements of the plan shall be designed to take into account the site's topography; the size and type of lot;the character of adjoining property;the type and size of buildings; pedestrian circulation and the traffic operations of adjacent streets.The site shall be developed so as not to impede the normal and orderly development or 109 improvement of surrounding property for uses permitted in this ordinance. (b) Building Design. The building design shall relate to the surrounding area in regard to texture, scale, mass, and proportion. 0 The quality of building design and construction materials shall be in accordance with the requirements of Chapter 1246 — Building Types. Buildings shall be designed to take advantage of natural heating, cooling, and buffering opportunities and incorporate energy efficient fixtures. (c) Change of Use and Redevelopment. For changes of use and site alterations or building expansions,the Zoning Administrator shall determine the extent of improvement required in relation to the extent of change proposed. In particular the Zoning Administrator may require changes to improve public safety; closure or redesign of driveways; redesign or resurfacing of 60-2 City of Lansing Zoning Ordinance Back Article TC?,C. Defin. lutap Uses parking and loading areas; installation of curbing; replacement or additions to landscaping or screening; upgrades to lighting; relocation and enclosure of waste receptacles; and upgrades to the building exterior. . 1 (d) Preservation or Conservation of Significant Natural Features. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, alteration to the natural drainage courses, and the amount of cutting, filling and grading.Views of the river shall be preserved and protected. Insofar as practical, natural features and the site topography shall be incorporated into the proposed site design. a (e) Preservation of Capital Views.The design shall be considerate of existing public views of Michigan's State Capitol. Y (f) Streets. All streets shall be developed in accordance with the City of Lansing engineering standards. All streets shall be designed to accommodate multiple modes of transportation (autos, trucks,transit pedestrians and bicyclists). Street connections shall be provided where necessary to enhance vehicular, pedestrian and bicycle connectivity to surrounding neighborhoods. (g) Access, Driveways and Circulation. Safe, convenient, uncongested and well defined vehicular circulation within and to the site shall be provided and shall meet the following criteria: (1) Drives, streets, parking 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. (2) The number of access points shall be the minimum necessary to provide reasonable access to the property. (3) Access to the site shall be designed to minimize conflicts with traffic on adjacent streets, particularly to avoid conflicts with traffic operations at street intersections and associated with left turns into and from the site. The city may require closure or relocation or redesign of access points, or a redesign of on-site parking and circulation, to improve operations and safety. (4) For uses having frontage and/or access on a major street, the number, design, and location of access driveways and other provisions for vehicular circulation shall comply with the provisions of Chapter 1254 — Parking.The city may require shared access with adjacent parcels with a shared access agreement, especially where safe access spacing from intersections or other driveways cannot be provided on a site. (5) All driveways shall meet the design and construction standards of the city or the MDOT for access along state routes. (h) Emergency Vehicle Access. Site circulation, parking lot design, and buildings or groups of buildings shall be arranged so as to permit emergency vehicle access as required by the fire department and police department. (1) Sidewalks, Pedestrian and Bicycle Circulation. Safe pedestrian circulation and access to building entrances shall be provided. Conflicts between pedestrian pathways and traffic circulation shall be minimized to the extent practical. In locations where transit is available, convenient pedestrian access shall be provided from the building entrance to the transit stop. Pedestrian circulation shall be as provided in 1250.04.06 Pedestrian and Bicycle Oriented Design Features. (j) Parking. The number and dimensions of off-street parking spaces shall be sufficient to meet the minimum required by Chapter 1254 parking. Parking lots shall be designed to minimize the amount of impermeable surface. Bicycle parking shall be provided as required in Section 1254.02. (k) Loading. All loading and unloading areas and outside storage areas, including waste receptacles, shall be accessed and screened in accordance with Section 1254.01.17 Loading. (1) Waste Receptacles. Waste receptacles shall be provided as required in 1250.04.04 Waste Receptacles and Enclosures. (m) Lighting. Exterior lighting shall be arranged so that it is deflected away from adjacent properties and so that it does not impede the vision of traffic along adjacent streets in accordance with Section 1250.04.03 Exterior lighting. (n) Mechanical Equipment and Utilities. Mechanical equipment and utilities, including roof-, building- and ground-mounted,shall be screened in accordance with the requirements of Section 1250.04.02 Mechanical Equipment. City of Lansing Zoning Ordinance 60-3 MMMMMiXX77 ap Defin. Irtap Uses (o) Landscaping. Landscaping, landscape buffers and greenbelts shall be provided and designed in accordance with the provisions . 1 of Chapter 1252 — Landscaping. Potable water consumption for irrigation shall be minimized to the extent practical through utilization of plant species that minimizes the need for irrigation, irrigation efficiency, use of captured rainwater or use of recycled wastewater. (p) Utilities and Storm Water Management. Public water and sewer facilities shall be available or shall be provided for by the developer as part of the site development. All utilities and storm water management facilities shall be reviewed and approved by the city engineer. Low impact stormwater management techniques shall be used wherever possible such as pervious pavement, bio-swales, rain gardens and green roofs. (q) Noise.The site has been designed, buildings so arranged, and activities/equipment programmed to minimize the emission of noise, particularly for sites adjacent to residential districts and to comply with the city's noise ordinance. (r) Other Agency Reviews.The applicant has provided documentation of compliance with other appropriate agency review standards, including, but not limited to,the Board of Water & light,the Michigan Department of Environmental Quality (MDEQ), Michigan Department of Transportation (MDOT) and other federal, state and county agencies, as applicable. 1260.04 Submittal Requirements A site plan shall be dated, submitted in electronic format, drawn to a scale of not less than one inch equals 50 feet, if the subject property is less than three acres, and one inch equals 100 feet, if three acres or more. The site plan shall contain all of the following information, provided that the Zoning Administrator may waive certain submittal requirements for a reoccupancy or minor change on an existing site where it is determined such information is not necessary to determine compliance with this Ordinance: (a) The names, addresses, telephone number and email address of the applicant, owner and the architect, engineer, or other design professional who prepared the plan; (b) The parcel numbers, addresses and legal descriptions of all parcels that are related to the project for which site plan approval is being sought; (c) Location map and north arrow; (d) Existing and proposed lot lines, acreage and dimensions of the site including width, length and frontage; (e) Locations and dimensions for all existing and proposed easements, sidewalks,fire lanes, streets/alley right-of-ways, (f) Location of existing access points (driveways) adjacent to, and across the street from,the site including the spacing from the proposed access points. (g) Location and dimensions (width, radii, grades) of proposed access points and existing or proposed acceleration/deceleration tapers or lanes along or adjacent to the site; (h) Location of all existing and proposed buildings; (i) Required and proposed setbacks for all buildings and parking lots; 109 (j) The height of all proposed buildings and structures; (k) The location and dimensions of all bicycle parking spaces,vehicular parking spaces/aisles, loading and unloading areas and driveways on or within 120 feet of the site; (1) Number of required and proposed vehicular and bicycle parking spaces; (m) The location of all existing and proposed right-of-way trees and a landscaping, screening and buffering plan that demonstrates compliance with the requirements of Chapter 1252 — Landscaping; (n) The location and enclosure details for all waste receptacles; 60-4 City of Lansing Zoning Ordinance Back (o) A photometric plan and a detail of the proposed exterior lighting poles/fixtures; (p) Existing and proposed land elevations and/or contours to appropriately illustrate and direction of drainage flow; (q) The location and elevations of existing water courses and water bodies, including county drains and manmade surface 3 drainage ways,floodplains, and wetlands; (r) A soil erosion and sedimentation control plan unless no earth changes are proposed as part of the site plan (an associated permit may also be required consistent with the requirements of City of Lansing Ordinance 1218.06.); s— (s) Where required consistent with City of Lansing Ordinance 1219.04, a proposed, post-construction storm water management plan consistent with the requirements of Chapter 1219 of the City Code, including design of storm sewers, stormwater outlets, and stormwater retention or detention ponds; (t) The location and status of any floor drains in existing or proposed structures on the site.The point of discharge for all drains and pipes shall be specified on the site plan; (u) Location of any on-site wastewater treatment and disposal systems; (v) Location of existing and proposed public water mains, public and private drinking water wells, monitoring wells, irrigation wells, test wells or wells used for industrial processes; (w) Inventory of hazardous substances (including include CAS numbers) to be stored, used or generated on-site, presented in a format acceptable to the City Fire Marshal; (x) Descriptions of type of operations proposed for the project and drawings show size, location, and description of any proposed interior or exterior areas of structures for storing, using, loading or unloading of hazardous substances, hazardous wastes, and/or polluting materials; (y) Description and location for any existing or proposed above ground and below ground storage tanks; (z) Delineation of areas on the site which are known or suspected to be contaminated, together with a report on the status of cleanup or closure. 1260.05 Compliance and Construction with Approved Site Plan. (a) Property which is the subject of site plan approval must be developed in strict compliance with the approved site plan including any approved revisions, amendments or modifications made thereto. Failure to conform to the approved site plan shall constitute a violation of this Chapter. In order to assure compliance with the approved site plan, a completion bond equivalent to the value of the site work shall be submitted to the Planning Office prior to commencement of construction. If construction and development does not conform to the approved plan, the approval thereof shall be revoked by the zoning administrator by written notice of such revocation. Upon revocation of such approval, all further construction activities shall cease upon the site, other than for the purpose of correcting the violation. If necessary based upon continued non- compliance, the City may also elect to invoke the provisions of the completion bond for the purposes of mobilizing forces to correct any non-compliant aspects of the development.The completion bond shall be released by the Planning Office upon confirmation that the development is compliant with the approved site plan including any approved revisions, amendments or modifications made thereto. (b) For all approved site plans, as-built drawings for all site work and utility construction shall be submitted to the Public Service Department within fourteen (14) days of completion of construction. (c) The approval of any site plan under this provision shall expire one year after the date of such approval, unless actual construction and development have been commenced in accordance with said site plan prior thereto. If such construction and development is commenced within said one year period, then such approval shall continue for a period of two years from the date thereof, provided, however, that should a lapse of more than six months in continuous substantial construction and development not occur, said approval shall expire. City of Lansing Zoning Ordinance 60-5 Back Artie' #.O,C:' n: 1�lap 'Uses'; The page intentionally left blank. 0 3 a, a, c c� a a, 60-6 City of Lansing Zoning Ordinance ram--1 — Back. TO.C. cefin. Maur Uses: Chapter Special Land Use Permits DRAFT APRIL 2017 00 City of Lansing Zoning Ordinance =-� MEMME Back Article Tt7.C. s Defin. Map Uses 1262.01 Compliance required • Special land uses shall be permitted as provided in this Zoning Code if the requirements of this chapter are met. N 1262.02 Applications; review procedures (a) An application for a special land use permit may be made by an applicant on forms provided by the Planning Division.The application shall be filed with the City Clerk and shall be accompanied by the fees established by Council and the documents required by Chapter 1260. (b) The City Clerk shall refer the application described in subsection (a) hereof to the Planning Board for consideration and recommendation to Council. (c) The Board, upon receipt of an application from the City Clerk, shall publish one notice in a newspaper of general circulation in the City that a request for a special land use approval has been received.The Board shall also send a notice by first class mail to all persons to whom real property is assessed, according to the records maintained in the office of the City Assessor, within 300 feet of the boundary of the lot. If the name of the occupant is not known,the term"occupant" may be used in making notification. (d) The notice described in subsection (c) hereof shall be given not less than ten days and not more than 15 days before the public hearing described in subsection (f) hereof. (e) The notice shall: (1) Describe the nature of the special land use request; (2) Indicate the lot which is the subject of the special land use request; (3) State when and where the special land use request will be considered; (4) Indicate when and where written comments concerning the request will be received; and (5) Indicate that a public hearing will be held by the Board on the special land use request and give the date,time and location of the public hearing described in subsection (f) hereof. (f) The Board shall hold a public hearing for the purpose of considering the special land use request and recommend to Council whether it should approve, approve with conditions or deny the special land use. In making its recommendation, the Board shall consider each of the following standards: (1) If the special land use is designed, constructed, operated and maintained in a manner harmonious with the character of adjacent property and the surrounding area; (2) If the special land use changes the essential character of the surrounding area; (3) If the special land use interferes with the general enjoyment of adjacent property; (4) If the special land use represents an improvement to the use or character of property under consideration and the 109 surrounding area in general and also is in keeping with the natural environment of the lot; (5) If the special land use is not hazardous to adjacent property, or does not involve uses, activities, materials or equipment which are detrimental to the health,safety or welfare of persons or property through the excessive production of traffic, noise, smoke, odor, fumes or glare; 0 (6) If the special land use is adequately served by essential public facilities and services, or it is demonstrated that the person responsible for the proposed special land use is able to continually provide adequately for the services and facilities deemed essential to the special land use under consideration; (7) If the special land use does not place demands on public services and facilities in excess of current capacity; 62-2 City of Lansing Zoning Ordinance Back Article ' TC?,C. D julep Uses ' (8) If the special land use is consistent with the intent and purpose of this Zoning Code and the objectives of any currently adopted Comprehensive Plan; and 0 (9) If the special land use meets the dimensional requirements of the district in which the property is located. N (g) The Board shall state to Council, in writing, its recommendations as to each special land use request and the reasons for its E recommendation. a (h) Council, upon receiving the recommendation from the Board,shall hold a public hearing for the purpose of a de novo review of the recommendation of the Board and deciding whether to concur in such recommendation. J (i) A notice that a request for special land use approval has been received by Council and that a public hearing will be held shall be published in a newspaper of general circulation in the City. Notice shall also be sent by first class mail to those persons described in subsection (c) hereof. (j) The notice described in subsection (1) hereof shall meet all of the requirements described in subsections (d) and (e) hereof. (k) Council may deny, approve or approve with conditions a request for special land use approval, based upon the standards described in subsection (f) hereof. If conditions are imposed,they shall meet the requirements of Section 1262.03.The decision of Council shall be reduced to writing.The writing shall state Council's decision and shall specify the basis for the decision and conditions imposed upon the special land use, if any. 1262.03 Conditions on special land uses (a) Council may impose conditions on its grant of a special land use to achieve any of the following findings: (1) Compatibility of the special land use with existing adjacent land uses; (2) Protection of the natural environment and natural resources; (3) Energy conservation; (4) Accommodation of increased public service needs likely to result from the special land use; (5) Protection of the health, safety, and welfare of the property owner and the community; (6) Accommodation of considerations listed in section 1262.02(f). (b) A new building or building addition, that is 1,000 square feet or more in area, and on a parcel of land for which a special land use permit has been granted on or after the effective date of this ordinance, shall require an amendment to the special land use permit after review and approval by the City Council in accordance with the following procedure: (1) Within five days upon receipt of a site plan for a new building or building addition 1,000 square feet or greater in area, the planning office shall refer the matter to the City Council which shall schedule a public hearing on amending the special land use permit. Notification of the public hearing, in accordance with requirements of section 1262.02(e) shall be sent by first class mail to the following, not less than seven days prior to the hearing: a. All property owners within 500 feet of the subject property; b. The applicable neighborhood watch officer, if any; and c. The applicable neighborhood association, if any. (2) Following the public hearing,the Council shall review the site plan for compliance with the criteria contained in this chapter for evaluating special land use permits and shall deny, approve or approve with conditions the amendment to the original special land use permit. (3) The Council shall complete its review and render its decision within 60 days from the date that the site plan was referred by the planning office. Failure to act shall be deemed approval of the amended special land use permit. City of Lansing Zoning Ordinance 62-3 Back � Article T.t7.C. � �erlrl. Map. Uses (c) Conditions of approval, if any, shall be recorded in the written decision described in section 1262.02(k) and shall remain unchanged, except upon the mutual consent of the applicant and Council. N E 00 0 0 d d N J (C3 V r� 62-4 City of Lansing Zoning Ordinance ram--1 — Back TO.C. cefin. Maur Uses: Chapter Planned Residential Developments DRAFT APRIL 2017 City of Lansing Zoning Ordinance MEMMELIX- icle TO.C. Defin. Map Uses 1264.01 Intent • , The intent of this chapter is to permit flexibility in the regulation of land development;to encourage innovation in land use, design and type of structures constructed;to achieve economy and efficiency in the use of land, natural resources and energy and in the providing of public services and utilities; to encourage useful open space; and to provide better housing developments which a are particularly suited to the needs of the residents of the City. 0 y 1264.02 Application and approval procedures a (a) Before submitting an application for approval of a planned residential development, a person may request a preapplication conference with the Planning Division.A person who requests a preapplication conference may submit to the Division a preapplication plan,which plan shall meet all of the requirements described in Section 1264.03(a). a (b) If a preapplication plan is submitted which meets the requirements of Section 1264.03(a),then the Division shall furnish the person with written comments which inform and assist the person in preparing the planned residential development application. (c) A written application for a planned residential development shall be made, on forms provided by the Division, by an applicant.The application shall be filed with the City Clerk and shall be accompanied by the following: (1) The fees established by Council; and (2) Four copies of a development plan which meets the requirements of Section 1264.03(b). (d) Upon submission of a written application as described in subsection (c) hereof, the Planning Board shall follow the procedures described in Section 1282.02(f) and (g). (e) Upon following the procedures described in Section 1282.02(f) and (g), the Board shall recommend to Council to approve, approve with conditions or disapprove the development plan contained in the written application. (f) Council, upon receiving a recommendation from the Board as described in subsection (e) hereof, shall approve, approve with conditions or disapprove the development plan. (g) Approval by Council of an application for a planned residential development pursuant to this section shall expire two years after the date of approval by Council, unless within such two-year period the applicant has either started construction or has filed a preliminary plat for tentative approval pursuant to Public Act 288 of 1967, as amended, being M.C.L.A. 560.101 to 560.293. If the start of construction for a planned residential development has not begun or the filing of a preliminary plat for tentative approval has not occurred within the time period permitted by this subsection, then the Board may, upon written request, extend approval for two years beyond the time permitted by this subsection. If one extension is granted by the Board, then any further extensions shall be granted with Council approval after approval by the Board. 1264.03 Contents of preapplication and development plans 109 (a) A preapplication plan shall contain all of the following: (1) A written statement which includes all of the following information: A. The name, mailing address and telephone number of each person having a legal or equitable interest in the lot; 0 B. The legal description of the lot; C. A statement outlining the proposed planned residential development, including, but not limited to,the objectives to be achieved by the development; D. A tentative development schedule; and 64-2 City of Lansing Toning Ordinance Back +�� ' TC},C. D� .julep Uses E. A statement which includes the proposed density which shall be based on a bedroom count and types of dwellings to exist within the planned residential development; and (2) A reproducible site plan, drawn to scale,which includes all of the following information: N Y A. General location and arrangement of dwelling types; B. Generalized vehicular, pedestrian and other traffic circulation and off-street parking concepts; and o C. Open spaces, recreational and landscape areas, natural features to be preserved and general service areas. c (b) A development plan shall contain all of the following information: d (1) A written statement which includes all of the following: A. The name, mailing address and telephone number of each person having a legal or equitable interest in the lot; B. The legal description of the property and the address, if an address has been assigned, of the lot; a C. If a preapplication plan was prepared, any changes between the preapplication plan and the development plan; D. Quantitative data, including, but not limited to, the following: I. The total number of dwelling units by type and bedroom count; 2. The lot size; 3. The proposed lot coverage for structures; 4. The proposed lot coverage for streets; 5. The proposed lot coverage for parking; 6. Gross and net residential density; 1. Total square footage of open space; 8. Total square footage of usable open space; 9. Total number of off-street parking spaces; 10. The proposed structure heights; and 11. The average square footage for each unit type; and E. The applicant's proposal with regard to each of the following: I. Subdivision and dedication of public streets, alleys and other public ways; 2. Utilization of private streets and easements; and 3. Dedication of public park land or recreational facilities and preservation of open space; and (2) A reproducible site plan, drawn to scale,which includes all of the following: A. Existing site conditions, including, but not limited to,topographic contours at two-foot intervals,watercourses, floodplain and floodways, unique natural features and forest cover; B. Existing and proposed lot lines; C. The location,shape, size, arrangement and groupings of all existing and proposed structures; D. Identification of existing and proposed public or private streets and pedestrian walkways; E. Identification of existing and proposed utility easements; F. Existing grade elevations and proposed contours; G. Identification of adjacent land uses; City of Lansing Zoning Ordinance 64-3 Back Article TU.c. Defin. Map Uses H. Location of adjacent vehicular and pedestrian access, both public and private; • I. Location and type of proposed dwelling units and density per dwelling type; J. location of proposed off-street parking; E K. Location of proposed trash storage areas; a L. Location and type of proposed recreational facilities; o M. Identification and location of proposed exterior lighting; a N. Location and concept of proposed signage; and 0. Any other information which is necessary to complete review of the proposal. 1264.04 Principal uses permitted The principal uses permitted in a planned residential development are as follows: (a) A one-family dwelling; (b) A two-family dwelling; (c) A townhouse; (d) A multiple dwelling; (e) An accessory building; (f) A public park or playground and recreational facility; and (g) Off-street parking. 1264.05 Design standards; bonus density (a) A planned residential development shall comply with the design standards described in this section. (b) The site perimeter shall be as follows: (1) A planned residential development shall meet the dimensional requirements which are required in the district in which the planned residential development is located, except as provided in paragraph (b)(2) hereof. (2) If the height of a structure in a planned residential development is greater than the maximum allowable height of structures permitted by right in a district, then the minimum front, side and rear yard setbacks shall be increased by one foot for each foot that the structure in the planned residential development exceeds the maximum allowable height permitted by right in the district. However, in no case shall the maximum height exceed the maximum height described in subsection (d) hereof. (c) The site interior shall be such that each structure in a planned residential development is located not less than the 109 minimum distance from each other structure as is permitted by right in the district in which the planned residential development is located, except that this distance may be reduced if Council determines that adequate ventilation, light, landscaping, screening, buffering,fencing, building orientation, emergency vehicular access and utility easements have been provided in a manner which promotes harmonious utilization of the land. 0 (d) The height of structures shall be such that the maximum height of a structure in a planned residential development shall not exceed the maximum height permitted in the zoning district in which the planned residential development is located, unless perimeter yard requirements are increased in accordance with paragraph (b)(2) hereof. However, the maximum height of a structure in a planned residential development shall not exceed 150 percent of the maximum height allowed in the 64-4 City of Lansing Zoning Ordinance Back Article Tt7,C. Defin. lulap Uses zoning district in which the planned residential development is located. (e) Open space shall be provided as follows: 0 (1) Open space, except ball fields, tennis courts, basketball courts, swimming pools and floodplain areas, shall be as evenly Y distributed as possible throughout the planned residential development and shall be readily accessible to all residential E units. fl- 0 (2) If natural site features, including, but not limited to,woodlots, trees, ponds, lakes, streams, rivers,vistas and unique c topographical features, exist,then such features shall be preserved,when practical. .Y (f) Soil erosion and sedimentation control shall be regulated by the Public Service Department.The Department shall issue permits therefor pursuant to Public Act 347 of 1972, as amended, being M.C.L.A. 282.101 to 282.117. (g) A planned residential development shall provide adequate public services and facilities. Public services and facilities shall include, but not be limited to, storm and sanitary sewers, electric service,water service,gas service, telephone service and fire a protection. (h) A planned residential development,where applicable, shall meet the safety standards for lighting of the Board of Water and Light and shall provide lighting which does not shine directly onto adjacent property. (1) Parking shall be provided as follows: (1) A planned residential development shall provide parking as required by Chapter 1284. (2) Parking spaces shall be conveniently located in relation to the residential units served. (j) In a planned residential development, the permitted density of residential units shall be the net density permitted by right in the district in which the planned residential development is located. (k) Bonus density options shall be as follows: (1) An increase in the density of residential units permitted in a planned residential development as provided in subsection (j) hereof only if all of the following conditions occur: A. Each increase permitted by this subsection does not exceed 25 percent of the density provided in subsection (j) hereof. B. The cumulative increases permitted by this subsection do not exceed 25 percent of the density provided in subsection 0) hereof, except as provided in paragraph (k)(4) hereof. C. The utility and facility capacity is sufficient to accommodate the increased density. (2) Preservation of existing tree growth areas: A. As used in this paragraph,"tree" means a usually tall woody plant characterized by a single trunk with a two-inch diameter measured three feet from the base of the tree at the time the development plan is submitted, and which is on the recommended tree list maintained by the City Forester. B. As used in this paragraph,"tree growth area" means the square footage area of all trees on a lot, using the dripline of each as the circumference. C. Density under this paragraph may be increased by the following percentage: One-half of tree growth area of the trees to be preserved divided by the total lot area; (3) Promoting energy conservation through the use of renewable and nonrenewable natural resources: A. As used in this paragraph,"renewable resource" means a resource which occurs in a continuous flow and continues regardless of whether or not it is used. Renewable resources include, but are not limited to, precipitation,water in streams and lakes, sunlight,wind,tides and climate. ' City of Lansing Zoning Ordinance 64-5 MMMMMLAX6WL77j- L . Map Uses B. As used in this paragraph,"nonrenewable resource" means a resource, the total supply of which is fixed. Nonrenewable resources include, but are not limited to, metals, mineral fuels, coal,stone,gravel, sand and peat soils. C. Density under this paragraph may be increased in the following manner:The total number of units containing heating or air conditioning systems based wholly or in part on renewable resources divided by the total number of a units permitted in the district in which the planned residential development is located. 0 D. The percentage figure calculated from the process described in paragraph (k)(3)C. hereof indicates the percentage c increase allowed.The Building Safety Office shall inspect and approve plans for the heating and air conditioning systems which are based on renewable resources to determine their potential of operation prior to each of the following: N d I. Approval of the development plan by Council; 2. Issuance of a building permit by the Building Safety Office; and a 3. Issuance of a certificate of occupancy. E. Density under this paragraph may be increased in the following manner: I. The density of the total number of units containing heating or air conditioning systems based wholly or in part on nonrenewable resources may be increased in this paragraph by exceeding the building envelope transmittance values as determined from procedures set forth in the Michigan Energy Code and in the Code for Energy Conservation in New Building Construction.The density may be increased by the following method. Determine the building envelope thermal transmittance value for each building type within the proposal and the percentage that that value is over the value required by the Code; then add the percentages obtained from the above to determine the percentage density increase allowed. 2. To qualify for this bonus, the building envelope thermal transmittance values for all proposed building types must exceed those set forth in the Codes. In addition, the developer must prepare a report indicating which sections of the Code for Energy Conservation in New Building Construction were used to determine the building envelope thermal transmittance values. Such report shall show, in sufficient detail, the necessary calculations indicating that the various building types meet or exceed the Code requirements.A licensed architect or engineer must certify that the report is accurate and that the building envelope thermal transmittance values of the various building types meet or exceed the Code requirements. Such report shall be submitted to the Building Safety Office, along with the necessary plans, prior to obtaining a building permit.The Building Safety Office and Planning Division shall review and approve the report and plans before a building permit is issued.The Building Safety Office will be responsible for performing the necessary field inspections to ensure that the buildings are constructed according to the approved plan. (4) Promoting residential development: A. Density under this paragraph may be increased if the planned residential development is a"blighted area" as defined in Public Act 344 of 1945, as amended, being M.C.L.A. 125.71 to 125.84, by 25 percent of the number of 109 units permitted. B. If an applicant uses the bonus density provided in this paragraph, then he or she may utilize an additional ten percent bonus as provided in paragraph (k)(2) or (3) hereof, or both. 0 C. The density increase under this paragraph shall not exceed 35 percent of the density provided in this subsection. 1264.06 Amendments to approved developments (a) An amendment to a planned residential development which has been approved pursuant to the procedures described in Section 1264.02 may be sought by an applicant if all the provisions of this section are met. 64-6 City of Lansing Zoning Ordinance Back (b) "Major amendment" means a modification to the planned residential development which significantly increases density,which alters the criteria used to obtain a density bonus pursuant to Section 1264.05 or which, by the decision of the Planning Division, significantly changes any of the following: (1) The size, location or type of any building in the planned residential development; E (2) The number of parking spaces or location of parking facilities; o (3) The location and dimension of any street; or c (4) The size, location or type of open space. .Y (c) "Minor amendment" means an amendment which is not a major amendment. N (d) A person seeking an amendment to a planned residential development shall submit a development plan which meets all of the requirements of Section 1264.03(b) to the Planning Division.The Division shall determine whether the proposed amendment is a major or a minor amendment. a (e) If the proposed amendment is a minor amendment, then upon review, the Division shall either approve or reject the minor amendment. If the Division rejects the minor amendment, it shall state, in writing, its reasons for rejection.The Planning Board may review a decision of the Division to reject a minor amendment, upon request of the applicant seeking the minor amendment. (f) If the amendment is a major amendment, then the request shall be processed as a new application in accordance with Sections 1264.02 and 1264.03(a). City of Lansing Zoning Ordinance 64-7 Back Artie' #.O.C:' n: 1�lap 'Uses'; This page intentionally left blank. N Cd C _0 d d d N d �a 64-8 City of Lansing Zoning Ordinance ram--1 — Back 7,O.C. cefin. Maur Uses: Chapter 1 Nonconformities DRAFT APRIL 2017 109 City of Lansing Zoning Ordinance MENEM Back Article Ti7.C. Defin. Map Uses 1284.01 Purpose and Intent (a) Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures uses of land, and sites which were lawful before this chapter was passed or amended but which would be prohibited, regulated or E restricted under the terms of this chapter or future amendment. It is the intent of this Chapter to permit non-conforming lots, buildings, structures, uses, and sites to continue until they are removed, but not to encourage their continued use or S survival. 0 Z (b) No Expansion of Nonconformities. Non-conforming lots, buildings, structures, uses, and sites are hereby declared to be incompatible with the zoning districts in which they are located. It is the intent of this Chapter that these nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other buildings, structures or uses prohibited elsewhere in the zoning district, except as may be provided for in this Chapter. (c) Required upgrades to Nonconforming Sites. Similar to other types of non-conforming situations noted herein, there exist sites that were developed consistent with an approved site plan and other site regulated standards applicable at that time said use or site plan was approved, but that do not fully meet the requirements of this ordinance. Those site design features include parking space and aisle sizes, access, parking lot, landscaping/buffering,waste receptacle screening, lighting and similar standards. One purpose is this chapter is to define the extent to which a site plan must be upgraded to meet the current site plan related standards when changes or minor modifications to a conforming use and/or conforming building are proposed for a lot that does not fully meet the current standards.The intent is to require a level of upgrade that is reasonable to improve compliance given the nature of the existing nonconforming site features and extent of the changes proposed on the lot. (d) Construction Prior to Effective Date of this Chapter. Nothing in this Chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of this Chapter, or an amendment thereto, and upon which actual building construction has been diligently conducted. 1284.02 Non-Conforming Lots of Record If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record and if all or part of the lots do not meet the requirements for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter. 1284.03 Non-conforming Buildings or Structures (a) Continuation of Non-conforming Buildings or Structures.Where a lawful building or structure exists prior to the effective date of this Chapter, or an amendment hereto, that does not comply with the requirements of this Chapter because of restrictions such as parking, lot area, coverage,width, height, or yards,that building or structure may be continued so long as it remains 109 otherwise lawful, subject to the following provisions: (I) No such structure may be enlarged or altered in a way which increases its nonconformity. (2) Should such structure be destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. The owner shall provide the necessary information to make a determination as to whether or not repairs to the structure will exceed 50% of the replacement cost, exclusive of the foundation. (3) Should a non-conforming building or structure be destroyed to an amount equal to or less than fifty (50) percent of its estimated replacement cost, exclusive of the foundation, it may be reconstructed in its previously non-conforming location. 70-2 City of Lansing Zoning Ordinance Back Article TC?C. julep Uses 1284.04 Non-Conforming Uses (a) Enlargement or Increase of Non-conforming Use. No non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied prior to the effective date of this Chapter, or an amendment thereto, except as may be permitted by the Board of Zoning Appeals in determining that the proposed enlargement, increase, or E greater area shall: 0 (1) Not have a substantial detrimental effect on the use and enjoyment of adjacent uses or lots; o Z (2) Comply with all parking,sign, or other applicable regulations for accessory uses for the area affected by the proposed enlargement, increase, or greater area; (3) Comply with any reasonable conditions imposed by the Board of Zoning Appeals that are necessary to ensure that the proposed enlargement, increase, or greater area shall not prove detrimental to adjacent properties, the neighborhood, or the community. (b) Extension within a Building.Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for that use at the time of adoption or amendment of this Chapter and would have been permitted by right, but the use shall not be extended to occupy any land outside the building. (c) Reduction in Non-conforming Use. If any part of a non-conforming use is moved or reduced in size by action of the owner, the part of the non-conforming use that is moved or reduced in size shall be considered to be abandoned and any subsequent use shall conform to the requirements of this Chapter. (d) Abandonment of a Non-conforming Use. If a non-conforming use is abandoned for any reason for a period of more than twelve (12) calendar months, any subsequent use shall conform to the requirements of this Chapter. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. (e) Extensions. Upon request,the Zoning Administrator may approve an administrative extension of up to an additional six (6) calendar months where a property owner can demonstrate a good faith effort to sell or lease the premises to another, similar use prior to determining abandonment. Requested extensions beyond the six (6) months must be approved by the Board of Zoning Appeals. (f) Change to Other Non-conforming Use.A non-conforming use may be changed to another non-conforming use provided the Zoning Administrator makes all of the following determinations: (1) The proposed use shall be as compatible as, or more compatible with, the surrounding area than the previous non- conforming use. (2) The proposed non-conforming use shall not be enlarged or increased, nor extended to occupy a greater area of land than the previous non-conforming use, except as may otherwise be permitted by this Article. (3) That appropriate conditions of approval and safeguards are provided that ensure compliance with the intent and purpose of this Chapter. 1284.05 Non-conforming Sites This section applies when a change in use or a site plan is proposed on a site that does not conform with the current ordinance standards, (a) New development or a replacement of the existing building(s). Where a new building is being constructed,full compliance with the current ordinance standards shall be required. (b) Building Fa4ade Renovations. Renovations to a building that does not include changes to the site, shall not be required to • City of Lansing Zoning Ordinance 70-3 MMMMML11 �ck Article fCJ.C. Defin. Map Uses be brought into compliance with the ordinance, except for conforming features that impact safety such as building code 1 compliance. (c) Change in use, expansion or reconstruction on part of the site. The Zoning Administrator 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 0 the relationship to the extent of the change proposed for the lot. In making such a determination,the Zoning Administrator may require an upgrade to the site based upon the following standards. Z (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. The Zoning Administrator may allow for continued us 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 Zoning 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 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 Administrator 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. 109 0 70-4 City of Lansing Zoning Ordinance ram--1 — Back 7,O.C. cefin. Maur Uses: Chapter Administration, Enforcement and Penalty DRAFT APRIL 2017 00 City of Lansing Zoning Ordinance MENEELAX1LO. C. Defin. Map Uses 1272.01 Enforcement by Planning Office, Code Compliance Office and Building Safety Office; violations; reviews (a) The Planning Division, the Code Compliance Office and the Building Safety Office are hereby authorized and directed to a enforce this Zoning Code, and for such purpose the authorized representatives of such Division and such Offices shall have the powers of a law enforcement officer.The Director of Planning and Neighborhood Development, the Zoning Administrator, the Planning Manager and all code compliance officers are designated as the authorized City officials to issue Municipal civil infraction citations (directing alleged violators to appear in court) or Municipal civil infraction violation notices (directing oalleged violators to appear at the Municipal Ordinance Violations Bureau) as provided in Chapter 203 of these Codified Lu Ordinances.As used in this section and throughout these Codified Ordinances,"Planning Division","Code Compliance Office" and "Building Safety Office" means the Division and the Office within the Department of Planning and Neighborhood Development. N (b) Whenever necessary to make an inspection to enforce any provision of this Zoning Code, or whenever the Planning Division, athe Code Compliance Office and the Building Safety Office or their authorized representatives have reasonable cause to believe that there exists in any structure or upon any lot a violation of this Zoning Code, any authorized City representative may, if entry would not otherwise be lawful, enter the structure or upon the lot to inspect the same, after obtaining the consent of the owner or person having charge or control of the structure or lot, or after obtaining a warrant authorizing entry. (c) The Planning Division,the Code Compliance Office and the Building Safety Office and their authorized representatives charged with enforcement of this Zoning Code, acting in good faith and without malice in the discharge of their duties, shall be indemnified and held harmless by the City against any liability for any damage that may accrue to persons or property as the result of any act or by reason of any act or omission in the discharge of their duties.Any suit brought against the Planning Division, the Code Compliance Office and/or the Building Safety Office and/or any employee of the Planning Division, the Code Compliance Office or the Building Safety Office, because of such act or omission performed by the employee in the enforcement of any provision of this Zoning Code,shall be defended by legal counsel provided by the City. (d) No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building, structure or lot, or cause or permit the same to be done, in violation of this Zoning Code. (e) Any building,structure or lot erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, demolished, equipped, used, occupied or maintained in violation of this Zoning Code shall be a nuisance per se.The City may enjoin or abate any violation of any of the provisions of this Zoning Code by appropriate action. 1272.02 Fees Fees required by this Zoning Code shall be set by resolution of Council. 109 1272.04. Penalty; notice to abate violations; equitable remedies (a) Except as otherwise provided in this Zoning Code,whoever violates any of the provisions of this Zoning Code is responsible for a Municipal civil infraction and shall be subject to the civil fine provided in Section 203.06 of these Codified Ordinances, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided in Section 202.99(c)(2). (b) In all cases where penalties or forfeitures are provided for any act or omission,they shall be held to apply to each and every such act or omission. Each and every day the violation exists shall be a separate act or omission. In addition to the foregoing penalties,the City may enjoin or abate any violation of any of the provisions of this Zoning Code by appropriate action. 72-2 City of Lansing Zoning Ordinance ram--1 — Back 7,O.C. cefin. Maur Uses: Chapter Board of ZoningAppeals DRAFT APRIL 2017 City of Lansing Zoning Ordinance Back Article TU.C. Defin. Map Uses 1274.01 Establishment There is hereby established a Board of Zoning Appeals as provided in Section 5 of Public Act 207 of 1921, as amended, being M.C.L.A. 125.585. d txo a 1274.02 Composition; terms of office; vacancies 0 (a) The Board of Zoning Appeals shall consist of nine members who are appointed by the Mayor with the advice and consent of Council.To be eligible for appointment, each person shall possess the qualifications required by the City Charter for holding Cd office. 0 m (b) After the effective date of this Zoning Code (Ordinance 636, passed March 7, 1983), each subsequent appointment to the Board shall be for one,two or three years, respectively, so as to provide for the appointment of an equal number of members each year.Thereafter, each member shall be appointed for a full three-year term.The Mayor shall attempt to appoint at least one member to the Board who is serving as a member of the Planning Board.The Chairperson of the Board of Zoning Appeals shall be elected annually by the membership of the Board. (c) Members may be removed at the pleasure of the Mayor,with the advice and consent of Council.Appointments to fill vacancies shall be made upon the occurrence of the vacancy and each person so appointed shall take office immediately upon the confirmation of Council, to serve for the remainder of the unexpired term. If a vacancy is not filled within 60 days after the occurrence of the vacancy, Council shall appoint a committee of three of its members to act instead of the Mayor in the making of such appointment. 1274.03 Powers and duties (a) The Board of Zoning Appeals shall hear and decide appeals from, and review any order, requirement, decision or determination made by, the Planning Division related to the Zoning Code. (b) The Board of Zoning Appeals shall determine if a Class A nonconformity may be restored or reconstructed pursuant to Section 1270.06(c). (c) If requested by an applicant, the Board of Zoning Appeals shall review any decision of the Planning Board,which decision is made under Chapter 1270. (d) The duty to alter or change the Zoning Code or the Zoning Map is reserved to Council in the manner provided by law. (e) The Board of Zoning Appeals shall hear and determine requests for variances in accordance with Section 1274.06. 1274.04 Appeal procedures. (a) Either of the following may take an appeal to the Board of Zoning Appeals pursuant to the procedures described in this section: 00 (1) A person aggrieved by a Planning Division decision regarding this Zoning Code; or (2) Any officer, department, board or bureau of the City aggrieved by a Planning Division decision regarding this Zoning Code. 0 (b) An applicant shall file with the Planning Division all of the following: (1) A notice of appeal on forms provided by the Division.The notice of appeal shall specify the grounds for the appeal. (2) A drawing which, by a decision of the Division, reasonably reflects the factors involved in the appeal. • c The Division shall, upon the proper filing of the notice of appeal, immediate) transmit to the Board of Zoning Appeals all ( ) P P P g PP Y g PP 74-2 City of Lansing Zoning Ordinance Back Article T�,C. Defin. Map Uses the papers constituting the record of the appeal. (d) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Division certifies to the Board, after the notice of appeal is filed, that by reason of facts stated in a Division certification, a stay would, in the opinion of the Division, cause imminent peril to life or property. If the Division so certifies, proceedings shall not be stayed, otherwise than by a restraining order which may be granted by the Board or by the Circuit Court by giving notice to the Division and a showing due cause. 0 1274.05 Hearings (a) The Board of Zoning Appeals shall fix a reasonable time for the hearing of an appeal filed pursuant to Section 1274.04. o m (b) The Board shall give notice of the appeal to the persons to whom real property within 300 feet of the lot in question is assessed, according to the records held in the office of the City Assessor.The board shall also give notice to the occupants of single-family and two-family dwellings within 300 feet of the lot. If the occupant's name is not known, the term "occupant" may be used. (c) The notices described in subsection (b) hereof shall be delivered personally or by mail at the address given in the last assessment roll. (d) The Board shall decide an appeal within a reasonable time. (e) At the hearing a party may appear in person, by agent or by attorney. (f) The Board may reverse or affirm,wholly or partly, or may modify,the order, requirement, decision or determination appealed from, and shall make an order, requirement, decision or determination as in its opinion ought to be made on the lot, and to that end shall have all the powers of the officer or body from whom the appeal is taken. 1274.06 Variances (a) The Board of Zoning Appeals may authorize a variance described in subsection (b) hereof. For the purposes of this section, "variance" means a modification of the strict letter of this Zoning Code,granted when strict enforcement of this Zoning Code would cause practical difficulties or unnecessary hardship. (b) The Board may grant variances for the following: (I) Modification of the dimensional requirements as may be necessary to secure appropriate improvement of a lot,which lot is of such shape or so located with relation to surrounding development or physical characteristics that it cannot otherwise be appropriately improved without such modification; and (2) Modification of zoning requirements for additions or enlargements to existing structures, provided that all requirements for the particular use in the zoning district where such use is first permitted cannot be met without physical hardship pertaining to the shape of the lot and adjacent land uses or topography. (c) When considering a variance described in subsection (b) hereof, the Board shall consider the following criteria in determining if a practical difficulty or unnecessary hardship exists: (1) If the owner of the lot complies with this Zoning Code, he or she can secure no reasonable return from, or make no reasonable use of, his or her property. (2) The hardship results from the application of this Zoning Code to his or her lot, rather than from some other factor. (3) The hardship is not the result of his or her own actions. (4) The hardship is peculiar to the lot of the applicant. (d) The procedure for obtaining a variance in accordance with this section shall be the same as that outlined in Section • 1274.04. City of Lansing Zoning Ordinance 74-3 MMMMMBack Article TO.C. Defin. Map Uses (e) In considering a proposed variance from this Zoning Code,the Board shall first, in each specific case, determine that practical difficulties or unnecessary hardships exist, according to the following standards: (1) The proposed use will be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood. a (2) The proposed use will 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 off-street parking and provisions for pedestrian traffic,with particular attention to minimizing child-vehicle contacts in residential districts. ed (3) The location,size, intensity, site layout and periods of operation of any such proposed use will be designed to eliminate a possible nuisance emanating therefrom,which nuisance might be noxious to the occupants of any other nearby permitted use,whether by reason of dust, noise, fumes,vibration, smoke or lights. (4) The location and height of structures and joint driveways and the location, nature and height of walls and fences will be such that the proposed use will not interfere with or discourage the appropriate development and use of adjacent land and structures or unreasonably affect their value. 1274.07 Vote required The concurring vote of a majority of the members serving on the Board of Zoning Appeals shall be necessary to reverse an order, requirement, decision or determination of the Planning Division or to decide in favor of the applicant a matter upon which it is required to pass under an ordinance, or to effect a variance of such ordinance. 1274.08 Conditions for approval The Board of Zoning Appeals, in acting favorably in connection with an appeal or variance, may attach any condition to its approval which it finds necessary to accomplish the reasonable application of the standards described in Section 1214.06(e). 1274.09 Appeals to Circuit Court (a) The decision of the Board of Zoning Appeals shall be final. However, a person having an interest affected by this Zoning Code may appeal to the Circuit Court. Upon appeal,the Court shall review the record and decision of the Board to ensure that the decision: (1) Complies with the Constitution and laws of the State; (2) Is based upon proper procedure; (3) Is supported by competent material and substantial evidence on the record; and (4) Represents the reasonable exercise of discretion granted by law to the Board. 00 (b) If the Court finds that the record of the Board is inadequate to make the review required by this section, or that there is additional evidence which is material and with good reason was not presented to the Board, the Court shall order further proceedings before the Board on conditions which the Court considers proper.The Board may modify its findings and decision as a result of the new proceedings, or may affirm its original decision.The supplementary record and decisions shall 0 be filed with the Court. (c) As a result of the review required by this section, the Court may affirm, reverse or modify the decision of the Board. 74-4 City of Lansing Zoning Ordinance P.:r 1. !(:;,:. U�in ',•.: Uses Chapter Amendments DRAFT APRIL 2017 City of Lansing Zoning Ordinance MEMMELAX6 rticleL77jCL_ . Map Uses 1276.01 Application for Amendment • (a) An application to amend, supplement or change the regulations and boundaries of zoning districts may be made by any of the following persons: a E (1) A person having a legal or equitable interest in the property; a (2) The authorized representative of a person having a legal or equitable interest in the property; or (3) Council. (b) The application described in subsection (a) hereof shall be made on forms provided by the Planning Division and shall be filed with the City Clerk and accompanied by the fees required by Council. (c) Within one day after receipt of the application,the City Clerk shall refer the application to the Planning Board. Simultaneously,the City Clerk shall place the application on the agenda for the next Council meeting. (d) After the City Clerk refers the application to the Board,the Board shall hold not less than one public hearing before submitting a final report to Council and shall provide notice of the public hearing as described in subsection (e) hereof. (e) Not less than 15 days' notice of the time and place of the public hearing described in this subsection shall first be published in an official paper or a paper of general circulation in the City. In addition, not less than 15 days' notice of the time and place of the public hearing shall be given by mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, if the public utility company or railroad registers its name and mailing address with the City Clerk for the purpose of receiving the notice.An affidavit of mailing shall be maintained by the Planning Division. In addition, the Planning Division shall provide not less than 15 days' notice of a public hearing on a proposed amendment to a zoning district boundary to the owner of the property in question, as represented on the tax records held in the office of the City Assessor.A hearing shall be granted an interested person at the time and place specified on the notice. 1276.02 Approval (a) After the public hearing described in subsection 1276.01(d),the Board shall make its final report to Council.A summary of the comments submitted at the public hearing shall be transmitted with the report of the Board to Council. Council shall hold at least one public hearing and shall provide notice of a public hearing as described in subsection 1216.01(e). (b) Council shall not determine the boundaries of districts nor impose regulations until after the final report of the Board, nor shall this Zoning Code or the maps be amended after they are adopted in the first instance until the proposed amendment has been submitted to the Board and it has held at least one hearing and made a report. In either case, Council may adopt the ordinance and maps,with or without amendments, after receipt of the Board's report, or refer this Zoning Code and maps again to the Board for a further report. (c) Upon presentation of a protest petition meeting the requirements of this subsection, an amendment to this Zoning Code which is the object of the petition shall be passed only by a two-thirds vote of Council.The protest petition shall be 109 presented to Council before final legislative action on the amendment, and shall be signed by one of the following: (1) The owners of at least 20 percent of the area of land included in the proposed change; or (2) The owners of at least 20 percent of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change. (d) For purposes of subsection (b) hereof, publicly owned land shall be excluded in calculating the 20 percent land area requirement. (e) Following the adoption of this Zoning Code and following the adoption of subsequent amendments to this Zoning Code by 76-2 City of Lansing Zoning Ordinance Back Article TU,C. Defin. lulap Uses Council, one notice of adoption shall be published by the City Clerk in a newspaper of general circulation in the City within 15 days after adoption.The notice shall include the following information: 0 (1) In the case of a newly adopted zoning ordinance, the following statement:"A zoning ordinance regulating the development and use of land has been adopted by Council;" (2) In the case of an amendment to an existing ordinance, either a summary of the regulatory effect of the amendment, E including the geographic area affected, or the text of the amendment; E a (3) The effective date of the ordinance; and (4) The place and time where a copy of the ordinance may be purchased or inspected. 1276.03 Conditional rezoning (a) Intent. It is recognized that there are certain instances when it would be in the best interests of the City, as well as advantageous to land owners seeking a change in zoning boundaries, if specific conditions were to be proposed by the land owner as part of a request for a rezoning. It is the intent of this section to provide a process consistent with MCL Section 125.3405 by which a land owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request. (b) Application and offer of conditions. (1) A land owner or a land owner's agent may voluntarily offer in writing conditions relating to the use and/or development of land for which a rezoning is requested.This offer may be made either at the time the application for rezoning is filed or at a later time during the rezoning process. (2) The required application and process for considering a rezoning request with conditions shall be the same as that for considering rezoning requests made without any offer of conditions, except as modified by the requirements of this section. (3) The land owner's offer of conditions may not purport to authorize uses or developments not permitted in the requested new zoning district. (4) Any use or development proposed as part of an offer of conditions that would require a special land use permit under the terms of this ordinance may only be commenced if a special land use permit for such use or development is ultimately granted in accordance with the provisions of this ordinance. (5) Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this ordinance may only be commenced if a variance for such use or development is ultimately granted by the zoning board of appeals in accordance with the provisions of this ordinance. (6) Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this ordinance may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the provisions of this ordinance. (7) The offer of conditions may be amended during the process of rezoning consideration provided that any amended or additional conditions are offered voluntarily by the owner. an owner may withdraw all or part of its offer of conditions any time prior to final rezoning action of the City Council provided that, if such withdrawal occurs subsequent to the Planning Board's public hearing on the original rezoning request,then the rezoning application shall be referred to the Planning Board for a new public hearing with appropriate notice and a new recommendation. (c) Planning Board review.The Planning Board, after public hearing and consideration of the factors for rezoning set forth in this ordinance, may recommend approval, approval with recommended changes or denial of the rezoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the land owner. City of Lansing Zoning Ordinance 76-3 MMMMMLAX� icle TO.C. Defin. Map U5e3 (d) City Council review. after receipt of the Planning Board's recommendation,the City Council shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request.The City Council's deliberations shall include, but not be limited to a consideration of the factors for rezoning set forth in this ordinance. (e) Approval. (1) If City Council finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated ainto a formal written statement of conditions acceptable to the land owner and conforming in form to the provisions of this ordinance.The statement of conditions shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by City Council to accomplish the requested rezoning. (2) The statement of conditions shall: a. Contain a legal description of the land to which it pertains. b. Contain a statement acknowledging that the statement of conditions runs with the land and is binding upon successor owners of the land. c. Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the land owner that are necessary to illustrate the implementation of the statement of conditions. If any such documents are incorporated by reference, the reference shall specify where the document may be examined. d. (Contain the notarized signatures of all of the land owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the statement of conditions. (3) Upon the rezoning taking effect, the zoning map shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with a statement of conditions.The City Clerk shall maintain a listing of all lands rezoned with a statement of conditions. (4) The City Council shall have authority to require that the statement of conditions be recorded with the register of deeds If it determines that,given the nature of the conditions, the recording of such a document would be of material benefit to the City or to any subsequent owner of the land. (5) Upon the rezoning taking effect, the use of the land so rezoned shall conform thereafter to all of the requirements regulating its use and development as contained in the statement of conditions. (f) Compliance with conditions. (1) Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the statement of conditions.Any failure to comply with a condition contained within the statement of conditions shall constitute a violation of this zoning ordinance and be punishable accordingly.Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law. (2) No permit or approval shall be granted under this ordinance for any use or development that is contrary to a statement of conditions. 109 (g) Time period for establishing development or use. Unless another time period is specified in the ordinance rezoning the subject land, the approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within 18 months (or shorter if specified) after the rezoning takes effect and thereafter proceed diligently to completion.This time limitation may, upon written request, be extended by the City Council if. (1) It 0 is demonstrated to the City Council's satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion and (2) the City Council finds that there has not been a change in circumstances that would render the zoning with statement of conditions incompatible with other zones and uses in the surrounding area or otherwise renders it inconsistent with zoning policy. 76-4 City of Lansing Zoning Ordinance Back Arfide Tt7,C. Defin. Map Uses (h) Reversion of zoning. If approved development and/or use of the rezoned land does not occur within the time frame specified under subsection (g) above, then the land shall revert to its former zoning classification as set forth in MCL § I25.3405. (i) Subsequent rezoning of land.When land that is rezoned with a statement of conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no statement of conditions,whether as a result of a reversion of zoning or otherwise,the statement of conditions imposed under the former zoning classification shall E cease to be in effect. Upon the land owner's written request, the City Clerk shall record with the register of deeds a notice that the statement of conditions is no longer in effect. a (j) Amendment of conditions when extension requested. If a conditional zoning has been approved and the applicant requests an extension of time for commencement of the development, the City Council may add to, delete or modify the conditions in the previously approved statement of conditions as part of its decision to grant the requested extension so long as the changes are proposed by the developer. (k) City's right to rezone. Nothing in the statement of conditions nor in the provisions of this section shall be deemed to prohibit the City from rezoning all or any portion of land that is subject to a statement of conditions to another zoning classification.Any rezoning shall be conducted in compliance with City Ordinances and City Charter. (I) Failure to offer conditions.The City shall not require a land owner to offer conditions as a requirement for rezoning.The lack of an offer of conditions shall not affect a land owner's rights under this ordinance. City of Lansing Zoning Ordinance 76-5 This page intentionally left blank. Cv a E E Q 76-6 City of Lansing Zoning Ordinance • Appendix Map and Use Table DRAFT APRIL 2017 City of Lansing Zoning Ordinance :ter i:Ni.. 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Site Plan INDUSTRIAL ReviewDry cleaning plants Lumber yards Special Land Use Metal forming Power plamt, Research laboratory Salvage yards Sanitary land fill Truck terminal, . . . . . . . . . . . - A MXC MXI MX2 1X3 DTI DT2 DT3 IND-1 IND-2 IND-3 INST-I INST-2 RESIDENTIAL USES Two-family dwelling Multiple-family dwelling oa00000���oo HUMAN CARE FACILITIES Convalescent or Nursing Home 000000����00 INSTITUTIONAL Places of Assembly ©©©©©©©©©©©© 0000000___00 ____00000000 000000000000 i . 0000000___00 000000000000 COMMERCIAL/OFFICE Retail sales and service Restaurant,bar,tavern Animal hospital Funeral home Motor vehicle service station Nursery,commercial greenhouse 0000000___00 000000000___ 0000000_____ 0000000___00 0000�o�oo��� General Parking structure Provisions Self-storage rental 0000000_____ INDUSTRIAL Site Plan Review Dry cleaning plants Lumber yards Metal forming Land Use Motor vehicle repair station Research laboratory Salvage yards Truck terminals