Macomb Town Center Regulating Plan and Conceptual Site Plan:

 
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Northwest Quadrant Detail:

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Northeast Quadrant Detail:

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Southwest Quadrant Detail:


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Southeast Quadrant Detail:


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Rendering of Macomb Street looking east towards Town Center:

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Rendering of Town Center looking west from Broughton Road:

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Macomb Township Zoning Ordinance

ARTICLE XXV TRADITIONAL NEIGHBORHOOD DEVELOPMENT CODE*

*Editor's note:  Ord. No. 10-13, adopted Oct. 10, 2001, amended Art. XXV in its entirety to read as herein set out. The former Art. XXV pertained to similar subject matter and derived from Ord. No. 10-7, adopted Dec. 20, 1999. 

Sec. 10.2501. Intent.

Sec. 10.2502. Applicable regulations.

Sec. 10.2503. Acknowledgements.

Sec. 10.2504. General provisions and signage.

Sec. 10.2505. Site allocation and general premise.

Sec. 10.2506. Land use and parking standards.

Sec. 10.2507. Lot and building standards.

Sec. 10.2508. Lighting standards.

Sec. 10.2509. Frontage types.

Sec. 10.2510. Building types and building definitions.

Sec. 10.2511. Building regulations (as required for procedural review).

Sec. 10.2512. Thoroughfare types.

Sec. 10.2513. Thoroughfare regulations (as required for procedural review).

Sec. 10.2514. Landscape regulations.

Sec. 10.2515. Administration.


Sec. 10.2501. Intent.

A.   The Traditional Neighborhood Development Code (TND) promotes the development of communities that embody the following attributes:

1.   A neighborhood structure limited in size by a five minute walk from the edge to center.

2.   Shops, workplaces, and an inclusive range of housing types in close proximity.

3.   A variety of thoroughfares that serve the pedestrian and the automobile equitably.

4.   Open space in the form of preserves, squares, parks, and playgrounds that provide places for gathering and recreation.

5.   Building frontages in a disciplined alignment to define public space.

6.   Sites reserved for Civic buildings that provide places of purposeful assembly.

B.   The Macomb Town Center (MTC) shall be comprised of four (4) neighborhoods that interconnect to form and complement the Town Core, Figure 1. It is the intent of the TND Code to promote the seamless development of Appendix B. All properties contained in the square mile of section 9 into a coherent urban area that will result in a socially, culturally, and economically diverse downtown for Macomb Township.

GRAPHIC LINK: Figure 1. The (4) Neighborhoods of Macomb Town Center


Sec. 10.2502. Applicable regulations.

A.   The advisory Town Center Concept Plan for Macomb Town Center prepared by Gibbs Planning Group, dated December 20, 1999, and subsequently revised to coordinate with the TND Code following shall be referenced as "Guidelines" for planning and development proposals for Macomb Town Center. Where conflicts occur, the TND Code shall prevail.

B.   The Architectural Code prepared by Gibbs Planning Group, dated December 20, 1999, and subsequently revised to coordinate with the TND Code following shall be adopted as mandatory regulations governing the architectural elements, design styles, and character of Macomb Town Center. Where conflicts occur, the provisions of the TND Code shall prevail. All parcels shall adhere to the minimum guidelines established under the Architectural Code for Macomb Township.

C.   The Charter of the New Urbanism, Appendix J[I], as published by the Congress for the New Urbanism is the assertion of a multi-disciplined national effort to re-think and re-define how we make our neighborhoods, towns, and regional metropolitan areas. The principles of The Charter for the New Urbanism shall further serve as guidelines for public policy, development practice, urban planning, and design of the Macomb Town Center.

D.   The Definition of Terms is required to establish common language and conventions as they specifically relate to Traditional Neighborhood Design. Some of the terms used herein are the same terms used in conventional planning and zoning ordinance language, however, where conflicts exist, the terms as they are defined herein and in Appendix K[J], Definition of Terms, shall take precedence and govern.


Sec. 10.2503. Acknowledgements.

The following sources served as models and/or resources for the Macomb Town Center TND Code and as such, are recommended reading for all parties involved with MTC.

1.   The Lexicon of New Urbanism by DPZ Architects, June 3, 1999.

2.   Towns and Town-Making Principles by Andres Duany and Elizabeth Plater-Zyberk, Second Edition, 1992.

3.   The Miami-Dade County TND ordinance, by DPZ Architects, September 10, 1998.

4.   Street Design Guidelines for Healthy Neighborhoods by Dan Burden, Center for Livable Communities, January 1999.

5.   TND Street Design Guidelines, by Chester E. (Rick) Chellman, P.E. of the Institute of Transportation Engineers (ITE), June, 1997.


Sec. 10.2504. General provisions and signage.

A.   The TND Code is applicable to the Macomb Town Center (MTC), generally known as Section 9 of Macomb Township. All development, change of land use and construction, reconstruction, alteration, or erection of any structure within the MTC shall be subject to the provisions of the TND Code.

B.   The Regulating Plan, as shown in Appendix B, shall define specific zoning categories for all specified areas within the MTC.

C.   Where conflicts occur, the health and safety provisions of the Macomb Township Building and Fire Codes shall take precedence over the TND Code.

D.   Where conflicts occur, the provisions of the Americans with Disabilities Act (ADA) and/or the Michigan Barrier Free Code shall prevail over the TND Code.

E.   Where the provisions of the TND Code conflict with the Macomb Township Zoning Ordinance, No. 10, and the Macomb Township Code of Ordinances, the provisions of the TND Code shall prevail.


Sec. 10.2505. Site allocation and general premise.

A.   The transect. 

1.   The Transect of the Neighborhood Structure utilizes the conceptual range of rural-to-urban to arrange in useful order the typical elements of urbanism. The transect is a natural ordering system as every physical element easily finds a place within its continuum. For example, a street is more urban than a road, a curb more urban than a swale, a brick garden wall more urban than a fence, and an avenue of trees more urban than a random cluster.

The method of Transect Zoning is implemented to provide a system of wider classification that allows for a variegated mix of uses in contrast to conventional, single use, segregated zoning classification. The transect zone categories are conceived as overlapping zones that are comprised of similar elements that step down in intensity from urban to rural as diagramed in Appendix A, The Neighborhood Transect.

2.   Five segments calibrate the transect of the neighborhood structure:

a.   Rural Preserve Zone.

b.   Neighborhood Edge Zone.

c.   Neighborhood General Zone.

d.   Neighborhood Center Zone.

e.   Downtown Core Zone.

Appendix C Zoning Categories correlates the following attributes to each zone:

a.   Use Types.

b.   Building Type.

c.   Frontage Type.

d.   Streetscape Type.

e.   Thoroughfare Type.

f.   Open space Type.

Appendix E, Building Types, describes building types.

3.   Three categories, Edge, General, and Center follow the natural internal structure of the neighborhood. The Core Downtown is assigned to the intensification that occurs where several neighborhoods conjoin. Neighborhood Center zones are intended to maintain average densities greater than those present in Neighborhood General zones, but less than those present in Core zones. The Rural Zone, or Neighborhood Edge, has the least density, and is associated with open space and the preservation of natural features.

4.   A mix of office-retail-commercial with residential is desired within the Neighborhood Center (NC) and Core Downtown (CD) Zones. It is probable that market forces will dictate the mix of uses, so the inclusion of convertible first floor office-retail-commercial space shall be encouraged.

Residential units are almost always built first as a majority of the total residential units are needed to support office-retail-commercial uses. A mix of uses is required in each zone, as a dearth of such produces single use zones that are counterproductive to the planning, development, construction, and continued evolution of the mixed use neighborhoods and the downtown core.

Commercial uses are defined and permitted as stated under the Local Commercial District (C-1) of the Macomb Township Zoning Ordinance and as referenced under Section 10.2506 Land use and Parking Standards. The Macomb Board of Trustees reserves the right to prohibit any commercial use that may be deemed to have a negative impact on the health, safety or welfare of the township.

B.   Density. 

1.   The Architectural Code is mandatory and specifies two levels of compliance for Macomb Town Center:

a.   Minimum Standards: applies to all parcels.

b.   Vernacular Style Standards: required for parcels developed at densities greater than 3.45 units per gross acre.

2.   Development shall correspond with the following density requirements:

a.   Each parcel shall be developed at a maximum of 3.45 dwelling units per gross acre.

b.   An exception to part (a.) above will be granted when any parcel is developed according to Vernacular Style Standards of the Architecture Code of Macomb Township. These parcels will be subject to a maximum density of 3.75 dwelling units per gross acre.

3.   The maximum gross residential density of dwelling units per acre shall be exclusive of other uses and not include accessory units under the same ownership as the principle residence. Temporary residential units per Section 10.2505B.3. shall not count toward the maximum density.

4.   The residential density maximums of 3.45 or 3.75 dwelling units per gross acre shall apply to all parcels except for portions of parcels located within the CD zones. Parcels that are entirely contained within CD zones will be exempt from density restrictions. Core downtown zones will still be subject to building types and height designations (as stated in Sec. 10.2507. Lot and Building Standards and Appendix F. Building Prototypes) and parking restrictions, Section 10.2506. Wetlands, woodlands, and proposed right of way's shall be used for the gross density calculation.

5.   The first floor of Commercial Building Types in the Neighborhood Center (NC) and Core Downtown (CD) Zones may contain a temporary residential use provided the following conditions are met:

a.   A minimum of 20% of the total potential office-retail-commercial space shall be used or made available for office-retail-commercial use every 3 years, starting at the frontage line, resulting in an accumulation of 100% office-retail-commercial use over 15 years.

b.   The temporary residential units shall be maintained as rentals.

c.   Parking shall be provided in the amount required for the future office-retail-commercial use.

d.   The architectural requirements for first floor office-retail-commercial use shall be applied.

e.   Provisions for privacy of temporary residential units along street frontages shall be limited to internal window screening devices.

C.   The regulating plan. 

1.   The Regulating Plan, Appendix B, which maps the zoning categories of Macomb Town Center. See Section 10.2505, Site Allocation for definition of the following zoning categories:

1.   Rural Preserve Zone (RP).

2.   Neighborhood Edge Zone (NE).

3.   Neighborhood General Zone (NG).

4.   Neighborhood Center Zone (NC).

5.   Downtown Core Zone (CD).

D.   General. 

1.   A TND proposal shall support the integrated development of two types of sectors: The Neighborhood Proper and the Rural Preserve sectors as defined by the Regulating Plan. In general, there shall be four Neighborhood Proper Sectors comprising MTC, see Figure I below.

GRAPHIC LINK: Figure I: Neighborhood Proper Sectors

2.   A TND proposal shall be structured as one complete Neighborhood Proper or a part of one of the four Neighborhood Proper Sectors of MTC. The Town Center Committee (TCC) shall coordinate and regulate the integration and connections between proposals.

3.   A TND proposal encompassing a partial Neighborhood Proper sector shall coordinate with, connect to, and complement adjacent proposals and/or developments in the order of first come first serve.

4.   A Neighborhood Proper sector shall consist of three principal zones: the Neighborhood Edge, Neighborhood General, and Neighborhood Center. The Rural Preserve sector shall consist of two zones: The Rural Preserve (RP) and Public Space (PS). For zone boundaries refer to the Regulating Plan in Appendix B.

5.   The Neighborhood Proper shall also contain overlay Open Space and overlay Civic Zones.

6.   Large scale recreational uses such as golf courses shall be located only within a Rural Preserve (RP) sector.

7.   Each proposal shall develop according to the regulations pertaining to each zone and according to zone boundaries indicated on the Regulating and Conceptual Site Plan (see appendix) and occurring within the proposal's boundary. Zones shall be correspondingly located as shown on the Regulating Plan.

8.   [Reserved.]

9.   The following provisions are mandatory and are not open to variance:

a.   All zones occurring within a proposal's boundary shall be developed according to the provisions of the TND Code.

b.   [Reserved.]

c.   [Reserved.]

d.   The maximum gross residential density per Sections 10.2502B.2. and 10.2505B.

10.   The proportional allocation of land to each zone is defined by the Regulating and Conceptual Site Plan, Appendix B, and by the following subsections. The following subsections also add additional requirements to some of the zones:

E.   Rural Preserve Zone. 

1.   Rural Preserve Zones are mandatory as shown on the Regulating Plan except that the locations of Rural Preserve Zones may be adjusted in an effort to preserve existing wetlands and/or woodlands. Justification for adjustments shall be based on developer funded surveys/studies and/or as more accurate documentation becomes available.

2.   Rural Preserve Zones shall be preserved in a naturalistic state. Any proposed improvements shall be subject to the regulations of the TND Code.

3.   Rural Preserve Zones shall be provided as either common or public spaces. Ownership and maintenance shall be transferred to either a condominium association (common) or a governmental authority (public) as may be established by the township.

F.   Open Space Overlay Zone. 

1.   A minimum of (3%) and a maximum (10%) of the gross area of a Neighborhood Proper shall be permanently allocated to Open Space Zone.

2.   Each Neighborhood Proper shall contain at least one large central Open Space tract designed as a plaza, square or green no less than (0.5) acres and no more than (6) acres. The location of this tract shall be within 500 feet of the geographic center of the Neighborhood Proper and generally as located on the Regulating plan.

3.   The remaining area of required Open Space shall be distributed such that no portion of the Neighborhood Proper is further than 600 feet from an Open Space tract used as a play area no less than (0.5) acres and no larger than (2) acres.

4.   Each Open Space tract shall have a minimum of (50%) of its perimeter fronting a thoroughfare.

G.   Civic Overlay Zone. 

1.   A minimum of (1) and a maximum of (3) building sites per Neighborhood Proper shall be identified and permanently dedicated to a Civic Zone.

2.   Civic tracts shall be within or adjacent to Open Space tracts or at the focus of a vista.

3.   Civic tracts shall be designated either common or public and the provisions of the dedication shall transfer ownership, maintenance, funding, and future development/construction responsibilities to either a private enterprise subject to the covenants of the condominium association (common), or a governmental authority (public) as may be established by the township.

(Ord. No. 10-15, 1.1, 4-24-02)


Sec. 10.2506. Land use and parking standards.

A.   Parking. 

1.   On street parking, where allowed on adjacent street frontage, shall count toward fulfilling the parking requirement of the use associated with any lot.

2.   The Shared Parking Standard shall be a policy wherein day/night or weekday/holiday schedules allow for the use of parking places by more than one building and/or use. There shall be between a 10% and 50% reduction of the parking requirement with the implementation of the shared parking policy. The percentage reduction shall be negotiated with the Macomb Township Board of Trustees, who will make a recommendation to the Board of Trustees, who will have final authority.

3.   Required parking shall be based on gross square footage of the building or area of use served.

4.   Minimum parking space dimensions shall be as follows:

a.   90 degree "head-in" spaces . . . 9' 19'

b.   Parallel spaces . . . 8' 23'

5.   Tandem parking is allowed within and in front of private residential garages to satisfy the required parking amount for the residential unit that belongs to the garage only. Tandem parking is expressly prohibited in all other applications and uses.

6.   For parking evaluation purposes, all initial land uses must be described for any proposed development by specifying the magnitude of each of the following land use categories:

a.   Residential 1.  One and/or two-family dwellings (estate and house types) on a single lot. Both dwelling units shall be under the same ownership and share a single set of utility connections. 

b.   Residential 2.  Generally being multi-family dwelling units attached as single buildings containing three or more units per building. 

c.   Lodging.  Premises available for short-term habitation, including daily and weekly letting. 

d.   Office.  Premises available for the transaction of general business, including professional information services but excluding medical, dental, retail sales, and artisan activity. 

e.   Retail.  Premises available for the commercial sale of merchandise and prepaid foods, but excluding artisan use. Allowable retail uses shall be restricted to the following: 

   Corner Store, Grocery Store

   Pharmacy, Convenience Store

   Hardware Store

   Book Store, Hobby, Card and/or Gift Shop, Florist, Antique Store

   Video Rental, Music Store, Electronic Store

   Bakery, Bagel and Coffee Shop, Cafe, Restaurant without Liquor

   Restaurant with Liquor

   Ice Cream Parlor

   Fast Food Restaurant without Drive Through

   Service Operations: Beauty Salon/Barber, Dry-Cleaners, Bank, Day Care, Financial and Insurance, Shoe Repair, Medical and Dental

Additional retail uses include those permitted under the Local Commercial District (C-1) of the Macomb Township Zoning Ordinance or as approved by the Board of Trustees except for: adult businesses (bookstores, clubs, etc.).

f.   Artisan.  The manufacture and sale of artifacts utilizing only household and/or table mounted electrical tools contained within an enclosed structure. Allowed uses include: Home Workshop, Artist Studio, Woodcraft, Furniture Refinishing, Bicycle Repair, Pottery Making. 

g.   Civic.  A use with a communal function. Civic buildings must remain open to public use and assembly. 

7.   Allowable uses for each zone and use category are listed below and in Appendix F, G and J.

8.   The modifiers of Restricted, Limited, and Open shall be applied to all use categories to further grade the intensity of each use.

9.   [Reserved.]

10.   The required number of parking spaces shall be according to Zone and Use as detailed below. This requirement may be reduced according to the Shared Parking Standard, Section 10.2504F.2. Parking shall not exceed the required amount.

11.   In all buildings containing a mix of uses, no other use shall be located over a residential use.

B.   Signage. 

1.   The following general provisions for signage shall apply throughout Macomb Town Center:

a.   Signage and lettering shall be dimensional in nature.

b.   Building facade signs shall be designed to be integral with and architecturally relate to the overall building, windows, door, and facade composition.

c.   The combined area of business identification signs shall not exceed one (1) square foot for each linear foot of building frontage.

d.   All exterior building signage must advertise a business transacted or goods sold or produced on the premises on which the sign is located; safety signage excluded.

e.   Address numbers shall be a maximum of eight inches (8") in vertical dimension. The quantity and location shall be as required for the United States Post Office purposes.

f.   Signage for home occupations shall be restricted to one professionally made sign mounted flat against the wall adjacent to the entrance to the area containing the home occupation and shall not exceed (2) square feet in area and shall not be illuminated. Any temporary and/or portable promotional signage, poster, or other graphic display is expressly prohibited for home occupations.

2.   The following provisions for signage shall apply to all office, commercial, and retail uses throughout Macomb Town Center:

a.   A single external sign band or zone may be applied to the facade of each building above the first-floor level, providing that it shall be a maximum of two feet (2') in vertical dimension by any length. The sign band or zone may contain multiple individual signs, but all must refer to a tenant of the building.

b.   Additional pedestrian, blade, projecting, or shingle signs may be attached to a building perpendicular to the facade, and extend up to four (4) feet from the facade. These signs shall be a maximum of one and one-half (1 1/2) feet in vertical dimension and four (4) feet in horizontal dimension and 6 square feet each side. There may be one individual pedestrian sign for each business located on the first or second floor, provided that such signs are placed at least 8 feet above the sidewalk and spaced no less than 20 feet apart horizontally and ten feet apart vertically.

c.   In addition, the storefront glass may be stenciled with signage not to exceed one and one-half feet (1 1/2') in vertical dimension and four feet (4') in horizontal dimension.

d.   The vertical drip of an awing may be stenciled with signage a maximum of eight inches (8") in vertical dimension by any length.

e.   Unless approved by the Macomb Board of Trustees, external signs shall not be translucent, but may be externally lit. Neon signs are permitted within the interior of shop fronts providing they are a maximum of four (4) square feet in area and pursuant to provisions of local ordinances and Macomb Board of Trustees approval.

f.   Store front windows and doors shall be limited to a maximum of two (2) square feet of coverage with stickers credits card decals, hours of operations signage, etc. Moving and/or flashing signage is prohibited.

g.   Temporary sale or promotional signage shall be permitted for up to 45 days per year when less than fifteen square feet (15') in total area. All temporary signage shall be attached to the inside of the storefront only. External posters and promotional signage are prohibited.

h.   Businesses shall be permitted (1) freestanding 'A' type sign boards of six (6) square feet (each side) for a total of four (4) days per month.

C.   Rural Preserve Zone. 

1.   Land designated Rural Preserve shall be subject to TCC review and conditions, and be restricted to passive recreational uses.

2.   Land designated Rural Preserve shall be preserved in a naturalistic state.

3.   The provision of adequate parking for Rural Preserve tracts shall generally be satisfied by on street parallel parking provided by adjacent street frontage and/or the implementation of the shared parking policy. Parking for Rural Preserve tracts is subject to the review and conditions of the TCC.

D.   Neighborhood Edge Zone. 

1.   Land designated Neighborhood Edge Zone is intended to harbor larger lots that architecturally reflect the rural character of the surrounding environment. Lots shall allow the following Uses and provide parking spaces as specified for each Use.

2.   Residential 1: The number of dwellings is restricted to one within the principal building and one within an ancillary building, and by the requirement of the two parking spaces for the principal dwelling and one parking space for the ancillary dwelling. Both dwellings shall be under single ownership, sharing a single set of utility connections. The habitable area of the ancillary dwelling shall not exceed nine hundred (900) square feet. The storage/parking area of the ancillary building shall not exceed one thousand (1,000) square feet.

3.   Lodging: Uses are prohibited.

4.   Office: Uses are prohibited.

5.   Retail: Uses are prohibited.

6.   Artisan: The area available for Artisan use is limited to 900 square feet within the first story of the ancillary building. Artifacts shall not be placed in the yard nor shall there be any retail sale of artifacts from the premises, the collection of fees for services being excepted. There shall be no person(s) employed on the premises that are not residents of the principle and/or ancillary dwelling. There shall be no parking requirement for this use in addition to the requirements of the dwelling(s).

E.   Neighborhood General Zone. 

1.   Land designated Neighborhood General Zone shall allow the following Uses and provide parking spaces as specified for each Use.

2.   Residential 1: The number of dwellings is restricted to one within the principal building and one within an ancillary building, and by the requirement of two parking spaces for the principal dwelling and one parking space for ancillary dwelling. Both dwellings shall be under single ownership, sharing a single set of utility connections. The habitable area in the ancillary dwelling shall not exceed nine hundred (900) square feet.

3.   Residential 2: Uses are prohibited.

4.   Lodging: Uses are prohibited.

5.   Office: Uses are prohibited.

6.   Retail: Uses are prohibited.

7.   Artisan: The area available for Artisan use is restricted to 500 square feet within the first story of the ancillary building. Artifacts shall not be placed in the yard nor shall there be any retail sale of artifacts from the premises, the collection of fees for services being excepted. There shall be no person(s) employed on the premises that are not residents of the principle and/or ancillary dwelling. There shall be no parking requirement assigned to this use in addition to the requirements of the dwelling(s).

F.   Neighborhood Center Zone. 

1.   Land designated Neighborhood Center Zone shall allow the following uses and provide parking spaces as specified for each use.

2.   Residential 1: The number of dwellings is open, allowing either one and two-family dwelling units on one lot or building site (condominium site) with the requirement of one parking space per bedroom per dwelling. Individual ownership and utility connections shall be allowed. In the case of two dwelling units, at least one unit shall face a frontage line of a thoroughfare or open space; the other dwelling unit may face a side street, open space, or alley/lane.

3.   Residential 2: Uses are permitted, with no minimum number of units per building, except as limited by a building length per Section 10.2507E.9. Parking shall be provided in the amount of one space for studio and one bedroom units and 2 spaces for 2 or more bedrooms.

4.   Lodging: Uses are prohibited.

5.   Office: Uses are permitted. The minimum requirement for parking is one parking space for each 400 square feet of gross office space unless located in a mixed building.

6.   Retail: Uses are only allowed where shown on the Regulating Plan. The area available for retail use within a Neighborhood Center is limited to a total of 2, 800 square feet per neighborhood center zone and is restricted to the first story of buildings. One parking space for each 350 square feet of gross retail space is required. Permitted retail uses include those listed under the Local Commercial District (C-1) Section 10.1502 of the Macomb Township Zoning Ordinance and Section 10.2506. Land use and Parking Standards. Retail uses must be of a neighborhood character and may not include bars, taverns, clubs, pool halls, adult businesses or any establishment harboring liquor or deemed to have a negative impact on the health, safety or welfare of the surrounding neighborhood, as determined by the Macomb Township Board of Trustees.

7.   Artisan: The area available for Artisan use is limited to the first floor of the building and a contiguous yard to its rear circumscribed by a solid masonry wall no less than 8 feet high. Artifacts shall not be placed in the front or side yards. Retail sale of artifacts from the premises and the collection of fees for services are permitted. Employment of persons other than residents of the principal or ancillary dwelling is permitted. The parking requirement shall be negotiated according to the specific Artisan activity and number of employees.

G.   Core Downtown Zone. 

1.   Land designated Core Zone shall allow the following Uses and provide parking spaces as specified for each Use.

2.   Residential 1: Appendix F summarizes prohibited housing prototypes from the Neighborhood Core Zone.

3.   Residential 2: Uses are open, with no limit on number of units per building. Parking shall be provided in the amount of eight tenths of one space per bedroom.

4.   Lodging: A permitted use with no limit more than 80 units per building. The requirement for parking is 1.1 parking spaces for each room, or per every (2) two beds, whichever is greater. Food service may be provided at all times.

5.   Office: Uses are permitted. The minimum requirement for parking is four parking spaces for each 1000 square feet of gross office space unless located in a multi-story building. In mixed-use buildings, parking of 3.5 spaces per 1000 square feet shall be required.

6.   Retail: Uses are permitted and include those listed in Section 10.2506. Land use and Parking Standards and the Local Commercial District (C-1) Section 10.1502 of the Macomb Township Zoning Ordinance, pending Macomb Township Board of Trustees approval (see page 13). The minimum requirement for parking is four parking spaces for each 1000 square feet of gross building space. Parking shall not exceed five parking spaces for each 1000 square feet.

7.   Artisan: Uses are open. The area available for Artisan use shall be confined to the interior of the building and a contiguous yard to its rear circumscribed by a solid masonry wall no less than 8 feet high. The parking requirement shall be negotiated according to the specific Artisan activity and number of employees.

H.   Open Space Overlay Zone. 

1.   A Civic Use shall be permitted subject to TCC review and conditions.

2.   Land designated Open Space shall be designed and developed as plazas, squares, greens, parks, or playgrounds as shown on the regulating plan in appendix B.

3.   The provision of adequate parking for Open Space tracts shall generally be satisfied by on street parallel parking provided by adjacent street frontage and/or the implementation of the shared parking policy. Parking for Open Space Zones and/or Civic Use is subject to the review and conditions of the TCC.

I.   Civic Overlay Zone. 

1.   Civic use shall be permitted as an overlay in all zones.

2.   Land use designated Civic may be either for-profit or non-profit and shall be restricted to the following uses: daycare, church, meeting hall, pool facility, and recreation and/or exercise facility.

3.   The provision of adequate parking for Civic Zone tracts shall generally be satisfied by on street parallel parking provided by adjacent street frontage and/or the implementation of the shared parking policy. Parking for Civic Uses is subject to the review and conditions of the TCC.

4.   There shall be at least one Civic building site reserved within each neighborhood. The TCC shall negotiate the details with the developer(s) of each neighborhood. The Instrument that transfers authority to the Homeowners Association shall be part of a proposal. The developer(s) may elect to construct a community building and donate it to the Homeowners Association. In such case, detailed site, building, and landscape plans, equivalent in detail to the appropriate phase of application, shall be provided as part of the total proposal documentation.

(Ord. No. 10-15, 1.2--1.8, 4-24-02)


Sec. 10.2507. Lot and building standards.

A.   Minimum building size. 

1.   Gross square footage requirements for a residential use shall be as follows:

TABLE INSET:


 

a.   

Residential 1:   

Minimum   

Maximum   

 

Principal Dwelling Unit   

1,200   

None   

 

Accessory Dwelling Unit   

400   

800   

b.   

Residential 2:   

Minimum   

Maximum   

 

Efficiency/Studio   

400   

900   

 

1 Bedroom   

600   

None   

 

2 Bedroom   

800   

None   

2.   All lots shall share a frontage line with a thoroughfare or an open space (see Appendix F).

GRAPHIC LINK: Building Prototypes

3.   [Reserved.]

4.   Where a choice of frontage setbacks is given for a zone and/or frontage setbacks differ for various building types on the same block face, the largest setback must be uniformly applied to an entire block face. Civic and commercial buildings may have a staggered setback of up to one half of adjacent residential frontage when there is at least 10' between side setbacks from property edge to building.

5.   Where mandatory first floor retail is required as shown on the Regulating Plan, this space may be utilized as temporary residential rental space subject to Section 10.2505B.3.

6.   All buildings, except outbuildings, shall have their principal entrance opening to a frontage line.

7.   Stoops, balconies, open colonnades, open and screened porches, and bay windows are permitted encroachments into frontage setbacks.

8.   Cantilevered fireplaces and box-out and oriel windows are permitted encroachments in side yards up to a maximum of 2 feet and rear yards up to a maximum of 2 feet.

9.   Roof overhangs are permitted encroachments into all yards up to 2 feet beyond the supporting wall.

10.   Parking lots shall be located at the rear of buildings. Where visible from a thoroughfare, parking lots shall be screened by a Street wall or Street hedge per Section 10.2514B.

11.   Parking lots and parking structures shall not be adjacent to thoroughfare intersections, or occupy locations at focused vistas.

12.   Adjacent parking lots shall have internal vehicular connections independent of the enfronting thoroughfare.

13.   Attics and raised basements shall not count against the building height limitations. See Building Height in Appendix K[J] and F for definition and diagram.

14.   Refer to Appendix F Building Prototypes for the following dimensioned items relative to each zone.

B.   Building Locations. 

1.   Changes in building types shall occur at mid block to allow for complementary streetscapes.

C.   Rural Preserve Zone. 

1.   The Rural Preserve shall remain undeveloped except for passive recreation purposes.

2.   Rural Preserve tracts may contain civic buildings subject to the review and conditions of the TCC.

3.   Rural Preserve tracts may contain paved parking lots and shall be graded, compacted, and landscaped, but may be left unpaved, subject to TCC review.

D.   Neighborhood Edge Zone. 

1.   Buildings shall be Estate and House Types.

2.   Building Frontages shall be Common Lawn and Porch and Fence types.

3.   Building placement (refer to Appendix F).

Dimension A: Buildings shall be set back from the Frontage Line a minimum of twenty-four (24) feet.

Dimension B: Buildings shall be setback from the Side Lot Line a minimum of twelve (12) feet (twenty-four (24) feet total between structures).

Dimension C: Principal Buildings shall be set back from the Rear Lot Line a minimum of thirty (30) feet.

Dimension D: Ancillary Buildings and/or Back buildings shall be setback minimum of six (6) feet from side and twenty-five (25) feet from Rear lot lines.

4.   Permitted encroachments.

See Section 10.2507A.6. through 10.2507A.8. for Permitted Encroachments.

Fence and garden wall locations shall be as shown in Appendix F for each building prototype.

Dimension A: Encroachments may extend up to 12 feet into a required Front Yard setback.

Dimension B: Encroachments shall be setback a minimum of 12 feet from a Frontage or Side Lot line.

5.   Parking. Off-Street parking shall include all open, covered, and enclosed parking and garage areas both attached and detached. All off-street parking shall be restricted to an area behind the rear elevation of the principle structure and as defined by the following dimensions:

Dimension A: A maximum of fifty percent (50%) of the lot width.

Dimension B: A maximum of sixty-five percent (65%) of the lot depth.

Dimension B1: A maximum of twenty-five percent (25%) of the lot depth.

Dimension C: Front facing garages are allowed on House Types only and shall be set back a minimum of twenty-five (25) feet from the Facade of the principal structure.

6.   Building height. Building heights shall be as follows:

Dimension A: A maximum of 2-stories, each not to exceed 12 feet, a minimum of 1-story and 6 feet except for civic buildings.

Dimension B: Minimum 2 feet, Maximum 4 feet.

Dimension C: 1 1/2-stories, not to exceed 12 feet.

Dimension D: 2-story, each not to exceed 10 feet. A habitable attic story is prohibited.

7.   Lots shall have a minimum width of 75 feet. A maximum of up to three lots may be consolidated for the purpose of constructing a single building.

8.   Building Facades shall extend for a maximum of 70% of the lot width.

9.   Building coverage (as defined in Appendix K[J]) shall be no more than 35% of the lot area.

10.   One Ancillary building is permitted on each lot and shall be restricted to the rear yard.

E.   Neighborhood General Zone. 

1.   Buildings shall be House, Cottage, and Side yard House.

2.   Building Frontages shall be Common Lawn, Porch and Fence, and Dooryard and Light Court.

3.   Building placement (see Appendix F).

Dimension A: Buildings shall be set back from the Frontage Line twenty (20) feet exactly for house, cottage, and side yard house; ten (10) feet exactly for townhouses; six (6) feet to twelve (12) feet for apartment buildings.

Dimension B: Buildings shall be setback from the Side Lot Line a minimum of six (6) feet (twelve (12) feet total between structures). For Side yard House types, Dimension B shall be twelve (12) feet and the elevation on the side lot line shall be windowless, except for glass block.

Dimension C: Principal Buildings shall be set back from the Rear Lot Line a minimum of twenty-five (25) feet.

Dimension D: Ancillary Buildings and/or Back buildings shall be setback a minimum of three (3) feet from Side and twenty-five (25) feet from Rear Lot Lines (a total of six (6) feet between structures).

4.   Permitted encroachments.

See Section 10.2507A.6. through 10.2507A.8. for Permitted Encroachments.

Fence and garden wall locations shall be as shown in Appendix F for each building prototype.

Dimension A: Permitted encroachments may extend to the Frontage or Side Lot line coincident with a thoroughfare right of way and/or an open space tract, except front porches, houses, side yard houses, and cottages which must be 10 feet from R.O.W.

5.   Parking. All off-street parking spaces shall be located to the rear or side of the building with access by a rear lane or alley and as defined by the following dimensions:

Dimension A: A maximum of one hundred percent (100%) of the lot width.

Dimension B: A maximum of fifty percent (50%) of the lot depth.

Dimension C: Front facing garages are allowed on House Types only and shall be set back a minimum of twenty-five (25) feet from the Facade of the principal structure.

6.   Building height. Building Heights shall be as follows:

Dimension A: A maximum of 2.5 stories, and a minimum of 1 story. The first story will not exceed 10 feet: second and third stories not to exceed 12 feet except for civic buildings.

Dimension B: Minimum 2 feet, Maximum 4 feet.

Dimension C: 1 1/2-stories, not to exceed 12 feet.

Dimension D: 2-story, each not to exceed 10 feet each, a habitable attic story prohibited.

Dimension E: Walls shall be a minimum 6 feet and a maximum of 8 feet high.

7.   Lots shall have a minimum width of 30 feet and a maximum width of 70 feet. A maximum of two lots may be consolidated for the purpose of constructing a single building.

8.   Building facades shall extend for a minimum of 50% of the lot width.

9.   Building coverage shall be no more than 60% of the lot area.

10.   One ancillary building and/or accessory apartment is permitted on each lot for all building types except apartments.

F.   Neighborhood Center Zone. 

1.   Buildings shall be Cottage, Side yard House, Townhouse, Apartment Building, Live-Work and Commercial Building Types.

2.   Building Frontages shall be Porch and Fence, Dooryard and Light Court, Forecourt, Stoop, and Shop front and Awning.

3.   Building placement (see Appendix F).

Dimension A: Buildings shall be set back from the Frontage Line either six (6) feet or twelve (12) feet.

Dimension B: Buildings shall be setback from the Side Lot Line a minimum of four (4) feet (eight (8) feet total between structures). For Side yard House types, Dimension B shall be twelve (12) feet and the elevation on the side lot line shall be windowless, except for glass block.

Dimension C: Principal Buildings shall be set back from the Rear Lot Line a minimum of twenty-five (25) feet.

Dimension D: Ancillary Buildings and/or Back buildings shall be setback a minimum of three (3) feet from Side and twenty-five (25) feet from Rear Lot Lines (a total of six (6) feet between structures).

4.   Permitted encroachments.

See Section 10.2507A.6. through 10.2507A.8. for Permitted Encroachments.

Fence and garden wall locations shall be as shown in Appendix F for each building prototype.

Dimension A: Permitted encroachments may extend to the Frontage or Side Lot line coincident with a thoroughfare right of way and/or an open space tract.

5.   Parking. All off-street parking spaces shall be located to the rear of the building with access by a rear lane or alley and as defined by the following dimensions:

Dimension A: A maximum of 100% of the lot width.

Dimension B: A maximum of 75% of the lot depth.

6.   Building height. Building Heights shall be as follows:

Dimension A: A maximum of 3-stories and a minimum of 2-stories. The first story will not exceed 14 feet-6 inches: second and third stories not to exceed 12 feet except for civic buildings.

Dimension B: Minimum 2 feet, Maximum 4 feet except Live-Work and Commercial Building types shall be 0 feet or have a ramped entry per ADA and/or Michigan Barrier Free Code.

Dimension C: 1 1/2-stories, not to exceed 12 feet.

Dimension D: 2-story, each not to exceed 10 feet. A habitable attic story is prohibited.

Dimension E: Minimum 6 ft. and a maximum of 8 feet.

7.   Building facades shall extend for a minimum of 75% of the lot width.

8.   Building coverage shall be no more than 75% of the lot area except Townhouse and Live-Work types which may exceed 75% lot coverage.

9.   Buildings of attached units shall not exceed 200 feet in width or length. A building with its facade parallel to a block end is permitted to exceed 200 ft, but shall not exceed the length of the block end.

10.   Lots shall have a minimum width of 14 feet and a maximum width of 40 feet. A maximum of two lots may be consolidated for the purpose of constructing a single building (apartment buildings excepted).

11.   [Reserved.]

12.   One ancillary building and/or accessory apartment is permitted on each lot. In the case of attached dwelling units, a residential use of the ancillary building is prohibited unless otherwise approved by the TCC.

G.   Core Downtown Zone. 

1.   Buildings shall be Apartment Building, Live-Work and Commercial Building Types.

2.   Building Frontages shall be Shop front and Awning, and Arcade.

3.   Building placement.

Dimension A: Buildings shall be set back from the Frontage Line either 0 feet or 6 feet.

Dimension B: Maximum side setback of 0 feet.

Dimension C: Principal Buildings shall be set back from the Rear Lot Line a minimum of 0 feet.

Dimension D: Ancillary Buildings and/or Back buildings shall be setback 0 feet.

4.   Permitted encroachments.

See Section 10.2507B. for Permitted Encroachments.

Fence and garden wall locations shall be as shown in Appendix F for each building prototype.

Dimension A: Permitted encroachments may extend to the Frontage or Side Lot line coincident with a thoroughfare right of way and/or an open space tract. Awnings, sills blade signs and other building projections may encroach into the right of way when projection is, at minimum, 8'-0" above sidewalk grade at frontages. Unsupported canvas or fabric portions of awnings may be lower.

5.   Parking. No less than 75% of the required parking spaces shall be located to the rear of the building with access by a rear alley and as defined by the following dimensions:

Dimension A: A maximum of 100% of the lot width.

Dimension B: A maximum of 85% of the lot depth.

6.   Building height. Building Heights shall be as follows:

Dimension A: A maximum of 3 stories, each above the first floor not to exceed 12 feet, a minimum of 2-stories or 24 feet. Measured from grade at the frontage line to an eave line or top of a parapet wall. First floor height is to be a maximum 16 feet 6 inches except for civic buildings.

Dimension B: 0 feet or have a ramped entry per ADA and/or Michigan Barrier Free Code.

Dimension D: Two story, each not to exceed 10 feet.

Dimension E: Walls are to be a minimum of 6 feet and a maximum of 8 feet in height.

7.   Building facades shall extend for a minimum of 75% of the lot width.

8.   Building coverage shall not be limited.

9.   Building length is not specifically limited in number of feet, but by the requirement of a pedestrian passage from rear parking areas to the frontage of uses of at least one passage per block face or as otherwise determined by the TCC. A passage may be an arcade, bridged over by upper stories of a building.

H.   Open Space Overlay Zone. 

1.   The mandatory Open Space Zone shall be developed as a plaza, a square, or a green.

2.   Open Space tracts may contain Civic buildings.

3.   Parking lots on Open Space tracts, shall be graded, compacted and landscaped, but may be left unpaved.

I.   Civic Overlay Zone. 

1.   Civic buildings shall not be subject to building height or setback limitations.

2.   Civic Buildings are subject to the requirements of Section 10.2507A.2. through and including 10.2507A.5.

3.   Civic Buildings are subject to the Architectural Codes for Civic Buildings as specified in the Architectural Code per Section 10.2502B.

(Ord. No. 10-15, 1.9, 4-24-02; Ord. No. 10-26, 1, 4-28-04)


Sec. 10.2508. Lighting standards.

A.   General. 

1.   Street lighting shall be provided by pole mounted street lamps of the "Acorn Style" fixture head offered by Detroit Edison. Final layout and design shall be in compliance with Detroit Edison Standards and be submitted for TCC review.

2.   The recommended streetlight spacing for each zone has been developed according to the following specifications which meet Detroit Edison and generally accepted lighting and design requirements. The spacing for each zone is listed in Section 10.2508 under the subsection for each zone.

a.   Acorn Fixture (Luminaire Catalog Number GVIAI00HP00XX3).

b.   Staggered Spacing on Both Sides of the Street or Road.

c.   Placement 3 Feet Back of Curb.

d.   Pole Mounting Height 12 feet.

e.   Lamp (1) 100 Watt Clear High Pressure Sodium.

f.   Total Test Lumens 9500.

g.   Fixtures are designed to be Unidirectional to Direct Light Towards Street.

3.   Street lighting that parallels an open space zone shall be a (2) two head fixture, with one head directing light towards the street or road, and one head directing light towards the adjacent open space.

4.   Street lighting shall be provided along all frontages on open space tracts according to the requirements of the underlying zone. This shall be where lots front directly on open spaces, with no street or road paralleling the frontage line of the lots. The fixture shall be a one (1) head fixture with light directed towards the open space.

5.   Lane and alley lighting shall be provided by either pole mounted fixtures or building mounted fixtures.

6.   The entire width of the lane or alley R.O.W. shall maintain a lighting level of (0.4) foot-candles average with an average to minimum ratio not greater than 6 to 1 for all zones except the Core Downtown Zone, which shall maintain a lighting level of (2.0) foot-candles average with an average to minimum ratio not greater than 3 to 1.

7.   All lane and alley lighting shall be directed towards the lane or alley easement and additionally be shielded from the adjacent lots and buildings. Pole mounted lighting shall be powered by a common source maintained by a private homeowners association. Building mounted lighting shall be directly connected to the building owners power source. All alley and lane lighting shall be on from dusk to dawn and controlled by a photocell switch.

B.   Rural Preserve Zone. 

1.   Thoroughfares fronting Rural Preserve tracts shall comply with the requirements of the Thoroughfare Plan and the corresponding provisions of the Thoroughfare prototypes, Appendix H.

2.   A minimum of 30% of a Rural Preserve Zone perimeter shall have frontage on a thoroughfare.

3.   Street lighting shall be provided in accordance with the adjacent zone.

C.   Neighborhood Edge Zone. 

1.   Thoroughfare types shall be Urban Roads and Lanes as specified in Appendix H.

2.   Lots may enfront external thoroughfares of the mile road grid at the edge of the neighborhood.

3.   Lots are not required to have street frontage if access is provided by a lane.

4.   Lots may have their rear lot lines coinciding with a lane R.O.W. 24 feet wide, which may be graded and compacted but is left unpaved.

5.   Street trees (deciduous canopy type) shall be installed on both sides of the road at irregular clusters equivalent to one for each 35 lineal feet of road.

6.   Street lighting shall be provided as follows:

a.   At Least one (1) fixture at each intersection.

b.   A fixture spaced every 260 to 280 feet on center.

c.   A minimum average of (0.5) foot-candles provided with an average to minimum ratio not greater than 6 to 1.

D.   Neighborhood General Zone. 

1.   Thoroughfare types shall be Two-way or One Way Residential Streets and Lanes as specified in Appendix H.

2.   Lots shall have their rear lot lines coinciding with rear lane R.O.W. 24 feet wide with a minimum vehicular pavement width of 12 feet (one-way) or 20 feet (two-way) travel. The lane or alley may have an additional utility easement (maximum 10 feet each side) in addition to the right of way width.

3.   Street trees shall be installed on both sides of thoroughfares in alignment no more than 35 feet on center.

4.   Street lighting shall be provided as follows:

a.   At least one (1) fixture at each intersection.

b.   A fixture spaced every 260 to 280 feet on center for a 28 foot wide street with 3 foot setback from curb.

c.   A minimum average of (0.7) foot-candles provided with an average to minimum ratio not greater than 4 to 1.

E.   Neighborhood Center Zone. 

1.   Thoroughfare types shall be Residential or Commercial Streets and Alleys as specified in Appendix H.

2.   Street trees shall be installed in alignment on both sides of thoroughfares at 35 feet average spacing. Tree location shall be based on shop front and stoop location.

3.   Lots shall have their two-way lot lines coinciding with an alley right-of-way 24 feet wide containing a minimum vehicular pavement width of 12 feet.

4.   Street lighting shall be provided as follows:

a.   At least one (1) fixture at each intersection.

b.   A fixture spaced every 125 to 145 feet on center for a 28 foot wide street or 105 to 125 feet on center for a 40 foot wide street with 3 foot setback from curb.

c.   A minimum average of (0.9) foot-candles provided with an average to minimum ratio not greater than 3 to 1.

F.   Core Downtown Zone. 

1.   Thoroughfare types shall be Market (Main) Streets, Avenues, or Boulevards and Alleys as specified in Appendix H.

2.   Lots may front external thoroughfares of the mile road grid at the edge of the core downtown.

3.   Street trees shall be installed in alignment on both sides of thoroughfares at 35 feet average spacing. Tree location shall be adjusted based on shop front and stoop location.

4.   Lots shall have their rear lot lines coinciding with an alley r.o.w. 24 feet wide, containing a minimum vehicular pavement width of 20 feet.

5.   Street lighting shall be provided as follows:

a.   At least one (1) fixture at each intersection.

b.   A fixture spaced every 80 to 100 feet on center for a 40 foot wide street with 3 foot setback from curb.

c.   A minimum average of (2.0) foot-candles provided with an average to minimum ratio not greater than 3 to 1.

G.   Open Space Overlay Zone. 

1.   Thoroughfares fronting Open Space tracts shall comply with the requirements of the underlying zone and the corresponding provisions of the Thoroughfare prototypes, Appendix H.

2.   A minimum of 45% of an Open Space Zone perimeter shall have frontage on a thoroughfare.

3.   Street lighting shall be provided in accordance with the underlying zone and Section 10.2508A.

H.   Civic Zone. 

1.   Thoroughfares fronting Civic tracts shall comply with the requirements of the underlying zone and the corresponding provisions of the Thoroughfare prototypes, Appendix H.

2.   A minimum of 45% of an Open Space Zone perimeter shall have frontage on a thoroughfare.

3.   Street lighting shall be provided in accordance with the underlying zone.


Sec. 10.2509. Frontage types.

A.   General. 

1.   Frontage Types shall be limited to those listed below and as shown in Appendix D.

2.   Frontage Types shall be related to appropriate Building Types and/or Zones as defined in each zone under Section 10.2507, Lot and Building Types.

B.   Frontage prototypes. 

1.   Arcade.  A colonnaded building facade with the upper stories of the building overlapping the sidewalk area below, the arcade shall be no less than 8 feet wide from wall to inside of column and no less than 10 feet tall for one story arcades, and no less than 20 feet tall for two story arcades. An awning, sign, and/or balcony may encroach within a two story arcade. 

2.   Shop front and Awning.  A facade located close to the frontage line with the entrance at sidewalk grade. This type is preferable for retail frontage. It is common to provide a cantilevered shed roof or awning. 

3.   Stoop.  A facade located close to the frontage line providing access to an elevated ground story securing privacy for the windows of a residence. This type is preferable for residential uses at close proximity to the sidewalk. 

4.   Forecourt.  A facade located close to the frontage line with a portion of the facade setback. The forecourt created is suitable for gardens, courtyards, and vehicular drop-offs. This type shall be used sparingly and in conjunction with the Shop front and Awning and Stoop frontage types. Trees within the forecourt shall have their canopies overhanging the sidewalk. 

5.   Dooryard and Light Court.  A facade is set back from the frontage line with an elevated garden or terrace, or a sunken light court in between. This type can effectively buffer ground story residential uses from the sidewalk while removing the private yard from public encroachment. The terrace is suitable for restaurant and cafes as the eye of a seated person is level with that of the passerby. The light court can give light and access to the basement level. 

6.   Porch and Fence.  A facade is setback from the frontage line with and allowed encroaching porch appended. The porch should be within conversation distance, (between 5 and 15 feet) of the sidewalk, with a fence or hedge at the back of the sidewalk to define the boundary between public and private space. A variety of porch sizes are possible, however, none shall be less than 6 feet wide. 

7.   Common Laws.  A facade set back from the frontage line creating a front yard area which shall remain un-fenced as a contiguous lawn area with adjacent yards. The intent is to simulate a rural setting with buildings placed in the landscape. A front porch is not warranted as social interaction is unlikely from such a distance. Common lawns are suitable for higher speed thoroughfares as the large setback provides a buffer from the traffic. 


Sec. 10.2510. Building types and building definitions.

A.   General. 

1.   Building Types shall be based on the prototypes defined and listed below and as shown in Appendix F.

2.   Building Types shall be located in appropriate zones as defined in each zone under Section 10.2507, Lot and Building Types and summarized in Appendix E.

3.   Lot and Building Standards of Section 10.2507 specify for each Zone the applicable quantitative items correlating to the following building prototypes for: Building Placement, Permitted Encroachments, Parking, and Building Height.

B.   Prototypes. 

1.   Estate.  A single-family dwelling on a very large lot of rural character, often supplemented with an outbuilding. The garage is located as a back building or is detached in the rear yard. 

2.   House.  A single-family dwelling on a separate lot, possibly with an outbuilding and/or back building. Garages are either recessed from the front facade or are located in the rear yard. Garages may be accessed by rear lanes. 

3.   Cottage.  A building type that is a single-family dwelling, smaller than a house, with yard space on all four sides, on a single lot or sharing a court with other cottages. A cottage is usually comprised of informal living spaces, often open one to another. Garages are located to the rear and are accessed by lanes. 

4.   Side yard House.  A building type that is a single-family dwelling on a single lot with one side of the structure placed on the side lot line. This side of the home is usually windowless and requires a maintenance easement for access to the side of the structure on the lot line. A side yard house usually has only a front and side yard, with little or no rear yard, and as such is a compact type compatible with house, cottage, and townhouse types. 

5.   Townhouse.  A building type that is a single-family dwelling and is attached to other units at the side lot lines and the facades reading as a continuous street wall, usually two stories in height. Garages are accessed by an alley. A townhouse may have a private rear yard screened and enclosed by the garage and/or a garden wall. 

6.   Apartment Building.  A building type containing multiple dwellings disposed above and beside each other, either sharing a common entry or with individual entries. Apartment buildings have various typological variations that allow them to be compatible with a variety of uses. They can be arranged as perimeter blocks, estate type buildings, or courtyard apartments, the later two being compatible with house, cottage, side yard house, and townhouse types. An apartment building may provide private open space in the form of balconies and porches. Shared yard space may be in the form of a common courtyard fronted by dwelling units. 

7.   Live-Work.  A flexible building type usually with a first floor office or retail use and residential use on upper floors. Common walls occur on the side lot lines and parking and garages are required to be to the rear of the lot and served by alleys. Live-work types may be located along mandatory retail frontages. 

8.   Commercial Building.  A single or mixed use building with retail, food service, and/or office uses required throughout the first floor. Office space and/or residential uses may occupy the upper floors of mixed use commercial buildings. The majority of the parking is required to be located to the rear of the building linked with pedestrians passageways to the front street. 


Sec. 10.2511. Building regulations (as required for Procedural Review).

A.   General. 

1.   Building Regulations shall specify in plan and section the following:

Building area(s)

Parking areas(s)

Encroachment area(s)

Building height

Stories and uses of each

Setbacks dimensioned

Build-to-lines shown

Street walls shown and dimensioned

Building Frontage (a percentage of lot width)

2.   Building Regulations shall be specified by the applicant for each Building Type of a proposal.

3.   Each Building Type Regulation shall demonstrate conformance with Section 10.2507, Lot and Building Standards for each applicable zone.


Sec. 10.2512. Thoroughfare types.

A.   General. 

1.   The Thoroughfare Plan, Appendix G, shall define the required thoroughfares. The locations, connections, and alignment for each thoroughfare shown shall be mandatory except that a thoroughfare location may be adjusted no more than one hundred (100) feet in either direction to accommodate existing site conditions such as a watercourse, wetlands, woodlands.

2.   A thoroughfare, a rear alley, or a rear lane, shall provide vehicular access to each tract and lot.

3.   All thoroughfares shall terminate at other thoroughfares within the Neighborhood Proper and connect to all existing and projected thoroughfares at the edges of the TND.

4.   The average perimeter of all blocks within the Neighborhood Proper shall not exceed three thousand five hundred (3,500) feet with the smaller blocks at the neighborhood center and the larger at the neighborhood edge. Block length shall be measured at the block perimeter frontage (or thoroughfare R.O.W.) lines.

5.   "Token" entry boulevards at entry points into a proposal shall be prohibited. All thoroughfares shall maintain a consistent width and cross section for their entire length except as required by the thoroughfare plan.

6.   A thirty (30) foot thirty (30) foot Clear View Area shall be maintained at all corner thoroughfare intersections measured along a line parallel with the face of curb and/or outermost edge of the travel lane in the case of striped on street parking. A line connecting these two points at a forty-five (45) degree angle shall define the Clear View Area required.

7.   Thoroughfare Types shall be based on the following prototypes defined and listed in Appendix H.

8.   Thoroughfare Types shall be located in appropriate zones as defined in Section 10.2513 Thoroughfare Regulations and Appendix H, Thoroughfare Prototypes.

9.   Thoroughfare Types shall be designed based on the requirement that all thoroughfares be spaces of shared use by both vehicle and pedestrian. Street designs that serve both pedestrian and automobile use shall apply the following principles (Summarized from Street Design Guidelines for Healthy Neighborhoods by Dan Burden, 1999):

a.   Neighborhoods shall be a walkable scale, 1/4 mile from center to edge.

b.   Interconnected street pattern that creates variety and interest for the pedestrian and disperses automobile traffic.

c.   Short block lengths reduce the speed of automobiles by causing more frequent stops.

d.   Proportion the street as an "Outdoor Room" and provide a street tree canopy to increase pedestrian comfort and use.

e.   Speed control through geometrics. Narrow street widths and small corner curb radiuses slow traffic and contribute to a safer pedestrian environment.

f.   Utilize Tee Intersections to provide terminated vistas, cause traffic to stop, and reduce the number of potential conflicts of turning vehicles and pedestrians.

g.   Limit Centerline curve radius to between 90 feet and 120 feet as most motorist are uncomfortable rounding curves of this dimension at speeds greater than 20 mph.

h.   On street parallel parking slows traffic by causing "side friction" and also serves as added protection barrier between moving lanes and the pedestrian walkway.

i.   Mark crosswalks to define areas acceptable for pedestrians to cross as well as alert motorists of possible pedestrian crossing.

j.   Plan for bicycles. Bicycles can mix comfortably with motorists where speeds are kept at or below twenty (20) mph. On streets with greater speeds bicycle lanes and/or paths shall be provided.

k.   Emergency vehicle access is improved by interconnected streets that provide multiple access routes and in addition, alleys provide access to two sides of a property. This is in contrast to conventional suburbs with single entry points, dead end cul-de-sacs, and no alley access.

10.   Thoroughfare Types shall additionally be designed based on the TND Street Design Guidelines, prepared by ITE Transportation Planning Council Committee 5P-8, A Proposed Recommended Practice for Institute of Transportation Engineers (ITE), June 1997.

ITE's language on resolving TND design conflicts states that: "Whenever a designer or policymaker associated with Traditional Neighborhood Design, after due consideration of all relevant factors, determines that an irreconcilable conflict occurs among vehicular and non-vehicular users of a TND street space, that the conflict shall be resolved in favor of the non-vehicular users, unless the public safety will truly be jeopardized by the decision." (Page 12)

11.   Thoroughfares acceptable to Macomb County Road Commission for assumed service and maintenance shall be dedicated as public streets.

12.   Thoroughfares not acceptable to Macomb County Road Commission for assumed service and maintenance shall become the property of a Neighborhood Association, to be organized by each proposal.

13.   Utilities shall generally be located as shown in the thoroughfare prototypes, all final coordination, design, and locations shall be the responsibility of the developer of each proposal.

B.   Prototypes. See Appendix H. 

1.   1/2 Mile Road or Drive, Tentatively acceptable to MCRC.

2.   Main or Market Street, Tentatively acceptable to MCRC.

3.   Alley, Commercial, Private.

4.   Street, Commercial, Tentatively acceptable to MCRC.

5.   Two-Way Lane, Residential, Private.

6.   Urban Road, Residential, Tentatively acceptable to MCRC.

7.   Two-Way Street, Residential, Tentatively acceptable to MCRC.

(Ord. No. 10-15, 1.10, 4-24-02; Ord. No. 10-26, 1, 4-28-04)


Sec. 10.2513. Thoroughfare regulations (as required for procedural review).

A.   General. 

1.   Thoroughfare types in Appendix H specify in plan and section the following:

Right-of-Way Width

Pavement Width

Corner Curb Radius

Parking and Dimensions

Drainage

Design Speed

Minimum Centerline Radius

Super elevation

Average Daily Traffic

Pedestrian Crossing Time

Walkway Types and Dimensions

Planter Type and Dimensions

Tree Placement

Tree Spacing

Tree Type/Species

2.   The applicant shall specify thoroughfare types from Appendix H for each street proposed.


Sec. 10.2514. Landscape regulations.

A.   General landscape requirements. 

1.   All thoroughfares shall have minimum sized (2 1/2" d.b.h.) deciduous Street Trees planted at a minimum of thirty-five feet (35') on center or as specified in the Thoroughfare Standards, Section 10.2508, with one species per thoroughfare and as appropriate for proposed site conditions. The TCC shall develop, regulate, and coordinate a Thoroughfare Street Tree Planting Plan to be included for final review.

2.   All front, side, and rear yards of each residential dwelling or building shall be seeded or sodded with grass, unless it is a natural area or unless the same is landscaped with shrubbery and other approved plant life.

3.   No hedge or shrubbery planting which obstructs sight-lines of streets and roadways shall be placed or permitted to remain on any building lot where such hedge or shrubbery interferes with traffic sight-lines. See Thoroughfare Prototypes for 30-foot clear view requirement, Section 10.2508A.7).

4.   No vegetable gardens or vegetable plants shall be planted or maintained in the front yards.

5.   All fences built of wood and vinyl shall be painted white when facing streets, sidewalks, parks, etc. All fences built of steel, aluminum, or wrought iron shall be painted black. Gates in fences shall be built of the fence material. All fence post shall be located on the inside face of the fence, except when posts are an integral and decorative feature of the fence design.

6.   In Neighborhood Center, Single-family homes shall be permitted 30" high fences, garden walls and hedges along streets, sidewalks, parks, etc. Side and rear yard fences behind the facade line of the dwelling may be 30" to 72" high.

7.   Fences and walls of a park, lake, wetland or other community open space are to be a height approved by the Macomb Township Board of Trustees.

8.   Garden walls shall be built of brick or stone to match the principal building at all front yards and side yards facing a street or path, and rear yards facing a street. Gates in garden walls may be of wood, steel or wrought iron.

9.   Brick Street walls shall be no less than 8" thick and capped. The cap shall overhang the wall no less than 1/2 inch on each side.

10.   Garden walls and Street walls of brick or stone shall be capped in a rowlock course of brick, cut brick or dressed coping stone 1 1/2" 3" thick.

11.   Retaining walls shall be brick or stone at all front yards and side yards facing a street or sidewalk. Retaining walls not visible from nearby streets may be of brick, stone, concrete or wood.

12.   Top of sidewalk must be at same elevation as adjacent lawn, landscape or paving.

13.   The Macomb Township Board of Trustees may add, delete, or otherwise amend the required species of plant material as needed due to limited availability, disease outbreak, or other unforeseen circumstances.

14.   All curbing must be straight 6" concrete curbing. Mountable curbs are prohibited along streets.

B.   Parking lot screening. 

1.   Parking lot screening and landscaping shall meet appropriate Macomb Township ordinances.

2.   A minimum 36 inches and a maximum 54 inches brick street wall or planting hedge shall screen all parking lots fronting a public right-of-way.

3.   A brick Street wall or planting hedge shall be contiguous with the frontage line. The material of the wall shall be made of the same material of the principle structure and shall be at least 30" in height and no more then 54" in height.

4.   A planting hedge shall be an evergreen species and shall be installed and maintained at a mature size and as a continuous group with no gaps between shrubs.

C.   Private lot planting requirements.  [Reserved.] 

D.   Planting size requirements. 

1.   Planting size requirements shall meet appropriate Macomb Twp. Ordinances except for all required street trees that shall be 2.5" caliper minimum dbh.

E.   Placement. 

1.   Frontage trees shall be located in the front yard and within 10 feet of the frontage line.

2.   Trees along alleys and private lanes shall be placed 4 feet minimum on either side of the R.O.W. line.

F.   Substitution. 

1.   One required Frontage Tree may be substituted by a hedge along the Frontage Line. For corner lots, a hedge along the Frontage Line of the side street may substitute two additional Frontage Trees.

G.   Tree species. 

1.   The tree species used for Street Trees and Frontage Trees shall be limited to the following:

a.   Sycamore: Plantus accidentalis

b.   Red Oak: Queros rubra

c.   Tulip Tree: Liriodendron tuilpifera

d.   Little Leaf Linden: Syringa meyeri

e.   Ginko: Ginko biloba

f.   [Reserved.]

g.   Ash: Fraxinus species

h.   Linden: Tilia americana

i.   Hickory: Carya species

j.   Japanese Zelkova: Zelkova serrata

k.   [Reserved.]

l.   Sugar Maple: Acer saccharum

m.   Horse Chestnut: Aesculus hippocastanum

2.   Tree species (a) thru (f) shall be used for trees located in the Neighborhood Center Zone.

3.   Tree species (a) thru (j) shall be used for trees in the Neighborhood General Zone.

4.   Tree species (g) thru (m) shall be used for street trees located in the Neighborhood Edge Zone.

5.   Tree species for the Core Downtown Zone are to be determined.

H.   Understory planting material. 

1.   The planting material species used for Understory Planting shall be limited to the following:

a.   Magnolia: Magnolia acuminata

b.   Dogwood: Cornus

c.   Musclewood: Carpinus carolina

d.   Red Bud: Cercis canadensis

e.   Ironwood: Ostrya virtginiana

f.   Viburnum: Viburnum

g.   Service Berry: Amelanchier arborea

h.   Witch Hazel: Hamamelis

2.   Tree Species (a) thru (c) shall be used for understory trees located in the Neighborhood Center Zone.

3.   Tree species (a) thru (e) shall be used for understory trees in the Neighborhood General Zone.

4.   Tree species (d) thru (i) shall be used for understory street trees located in the Neighborhood Edge Zone.

5.   Tree species for the Core Downtown Zone are to be determined.

I.   Groundcover planting species. 

1.   The groundcover species used in any zone shall be limited to the following:

a.   Fescue/Bluegrass: Fescuca

b.   Fern: Adiantum

c.   Ivy: Hedera helix

d.   Myrtle: Vina minor

(Ord. No. 10-15, 1.11--1.13, 4-24-02)


Sec. 10.2515. Administration (See Appendix K: Development Review Process).

A.   General requirements. 

1.   An "Information Required" checklist shall be prepared by the Township Clerk relating to the various steps of the review process and shall be made available at the township offices.

2.   The Township Clerk shall establish fees for the review process. The fees shall include the costs for outside consultants and shall be paid by the applicant.

3.   Site plans shall bear the seal of a registered architect, landscape architect, community planner, land surveyor, or professional engineer who prepared the site plan.

4.   Landscape plans shall bear the seal of a registered landscape architect.

5.   Illumination plans shall be prepared in accordance with the Illumination Engineering Society standards and Detroit Edison street lighting department.

6.   Site plans shall be submitted to the Township Clerk's office. The clerk shall coordinate the review process.

B.   Review procedure. 

1.   There shall hereby be established a Town Center Committee (TCC).

2.   The TCC shall review, regulate, enforce and recommend approval or disapproval of all proposals for the MTC as provided for herein.

3.   The TCC shall consist of the following members:

a.   A Town Architect. The Town Architect shall be either a licensed Architect or Landscape Architect and shall be appointed by the Macomb Township Board of Trustees.

b.   The Township Clerk.

c.   The Township Planning Consultant.

d.   The Township Sewer and Water Superintendent.

e.   The Township Building Official.

f.   The Township Fire Chief.

4.   The TCC shall make a recommendation to the Macomb Township Board of Trustees as to whether a proposal meets all applicable regulations.

5.   Reserved.

6.   The Macomb Township Board shall have authority to review and approve, approve with conditions, or disapprove a proposal.

7.   A variance from the provisions of the TND code shall be made to the Macomb Township Board of Trusteess. A variance shall be revised pursuant to the standards contained in sections 10.2404 and 10.2405 of the Township Zoning Ordinance.

8.   A TND proposal application shall be reviewed in the following steps (see Appendix L for procedural chart):

a.   pre-application conference per Section 10.2515C.

b.   preliminary review per Section 10.2515.D.

c.   final preliminary review per Section 10.2515.E.

C.   Pre-application conference. 

1.   Prior to the preliminary review application, the applicant shall participate in a pre-application conference with the TCC. The applicant may request more than one pre-application conference.

2.   A pre-application conference shall be required between the TCC, the developer, and the developer's design team coordinator.

3.   The following documentation and participation shall be required:

a.   twenty (20) copies of a preliminary site plan (in concept draft form, minimum 1" = 100' scale).

b.   a brief written narrative of the proposal shall be submitted in order to discuss the proposal concept, demonstrate a correct interpretation of the TND Code, and determine the general relationship of the proposal with contiguous parcels and/or other proposals.

4.   Reserved.

D.   Preliminary review. 

1.   The following documentation shall be required:

a.   a site plan with corresponding statistics and basic dimensions showing lot lines and/or building outlines, land use zones, unit counts, thoroughfare types, parking location, civic and open spaces, and noteworthy traces on the site and the surrounding conditions within 200 feet. The scale shall be not less than 1" = 100'.

b.   verification of the recorded legal property containing the legal description of the property including the total gross and net acreage.

c.   building standards showing graphically in plan and section for each of the zones, the typical location of buildings, outbuildings, and parking. The scale shall not be less than 1" = 20'.

d.   architectural standards describing typical materials and configurations expected for the building walls, roofs, windows, porches, columns, garden walls, fences, and etc. in accordance with the Architectural Code referenced in Section 10.2501B. The scale shall not be less than 1/8" = 1'0" for plans and elevations, and not less than 1/2" = 1'0" for details.

e.   thoroughfare standards showing in plan, section and spatial details the proposed thoroughfares. The scale shall not be less than 1" = 20'.

f.   landscape standards describing the planting within the thoroughfares, public tracts, and development zones. The scale of overall plans shall not be less than 1" = 100' and plan details not less than 1" = 30'.

g.   association documents that incorporate the building standards (Section 10.2507) and Architectural Standards and Codes (refer to Town Center Master Site Plan for Macomb Town Center, December 20, 1999) and provide for the maintenance of common open space areas into the legal covenants for the proposal. The proposed method of transfer of public space (PS), rural preserve (RP) and civic space (CS) shall accompany the submittal as well.

2.   On submittal of the required documents and payment of the appropriate fee(s) to the Township Clerk, the Clerk shall forward the application to the TCC.

3.   If the application does not meet all requirements of the TND Code, the clerk shall notify the applicant by letter, giving the earliest date for re-submission and additional information required.

4.   If the application does meet all requirements of the TND Code, the clerk shall forward the TCC recommendation to the Township Board.

5.   Reserved.

6.   The Township Board shall consider the preliminary application at its next regular meeting and shall within ninety (90) days from application, either reject the preliminary application and give its reasons in writing, or grant approval to the preliminary application.

7.   The Petitioner must file an application for final review within one year after receiving preliminary approval or the review process will be declared void. The Township Board may extend the time for one additional year upon request.

E.   Final review. 

1.   The following documentation shall be required:

a.   twenty (20) copies of a site plan with fully dimensioned lot lines and/or building outlines, thoroughfare locations and types, parking locations, proposed utilities, land use zones, unit counts, civic and open spaces, phases, existing and proposed topography at 2 foot contour intervals, benchmark elevations, and surrounding conditions within 200 feet. The scale shall be not less than 1" = 50'.

b.   three (3) copies of engineering plans showing details of all utilities, paving and grading.

c.   a location map shall be provided at a scale not less than 4" = 1 mile.

d.   The legal description of the proposal property including the total gross and net acreage.

e.   building standards showing graphically for each of the zones, the typical location of buildings, outbuildings, parking, and utility easements within the site. The scale shall not be less than 1" = 20'.

f.   architectural standards describing typical materials and configurations expected for the building walls, roofs, windows, porches, columns, garden walls, fences, and etc. in accordance with the Architectural Code referenced in Section 10.2501B. The scale shall not be less than 1/8" = 1'0" for plans and elevations, and not less than 1/2" = 1'0" for details.

g.   thoroughfare standards showing in plan and section the construction details of proposed thoroughfares, together with the locations of proposed utilities. The scale shall not be less than 1" = 20'.

h.   landscape standards and plan showing existing trees and vegetation (with notations for removed and preserved areas) and describing the proposed planting within the thoroughfares, public tracts, and private lots. The scale of overall plans shall not be less than 1" = 100' and plan details not less than 1" = 30'.

i.   illumination plan showing in plan and section all lighting on thoroughfares, including lanes and alleys. Plans shall be at a scale no less than 1" = 100' and sections no less than 1" = 20'.

j.   association documents that incorporated Building Standards (Section 10.2507) and Architectural Standards and Codes (refer to Town Center Master Site Plan for Macomb Town Center, December 20, 1999) and provide for the maintenance of common open space areas into the legal covenants for the proposal. The method of transfer of public open space and civic tracts shall accompany the submittal as well.

k.   A notice, in a form acceptable for recording with the Macomb County Register of Deeds, that the property is in Macomb Town Center and subject to the Town Center development code.

2.   A site plan shall include the entire site proposed for development with no unplanned area included on the particular site.

3.   On submittal of the required documents and payment of the appropriate fee(s) to the Township Clerk shall schedule a meeting of the TCC to review the application.

4.   If the application does not meet all requirements of the TND Code, the clerk shall notify the applicant by letter, giving the earliest date for re-submission and additional information required.

5.   If the application meets all requirements of the TND Code, the clerk shall forward a recommendation to the Township Board for approval, approval with conditions, or denial.

6.   The TCC shall give its report recommending final approval or denial to the Township Board prior to acting on the application.

7.   The Township Board shall consider the final application at its next regular meeting and shall within ninety (90) days from application, either reject the application and give its reasons in writing, or grant approval to the final site plan.

8.   Where it is determined by the TCC that certain requirements of Section 10.2515 of the TND Code are not necessary to the review and understanding of a site, the TCC may waive the requirements. Any and all waivers shall be conveyed in writing to the applicant together with a statement as to the unique circumstances and reasons for such waiver.

9.   Revisions and/or amendments to the site plan must be submitted to the TCC for its review and recommendation to the Township Board for Approval. Upon receipt of the revised site plan and appropriate fees, the Township Clerk shall forward the application to the TCC. The TCC shall review the changes which have been made to the site plan, make a recommendation to the Township Board, and, if approved, the building official shall be notified of the Board's approval of the revised plan.

10.   A technical change may be made to an approved site plan. A technical change is a minor revision to an approved site plan which does not change the character, nature, intent or use of the original plan. An application for a technical change may be reviewed and approved by the TCC without the necessity of approval by the Township Board. An amended site plan showing the technical change approved by the TCC must be filed with the Township.

11.   Final approval shall be valid for one year after the date of approval. If a valid building permit has not been obtained and construction started within one (1) year from the date of the Boards approval, the approval becomes null and void unless renewed or extended by specific Board action. If approval is not extended before expiration of the one-year period, then new site plan approval shall be required before a building permit may be issued.

12.   To ensure compliance with the TND Code and any conditions imposed hereunder, and to ensure faithful completion of the improvements within two (2) years from the date of the site plan approval the Township will require that a cash deposit, certified check, irrevocable bank letter of credit or surety bond acceptable to the Township be deposited with the Township Treasurer. The amount of the bond or deposit shall be determined by the TCC, but shall be in an amount sufficient to cover the cost of improvements associated with the project for which site plan approval has been granted.

13.   The financial guarantee shall be rebated to the land owner in reasonable proportion to the ratio of the work completed on the required improvement as work progresses. In order to obtain the final release of a bond, an "as built" drawing, sealed by a professional, registered and licensed by the State of Michigan, must be submitted for review by the TCC. The TCC will recommend to the Board of Trustees whether the bond or portion thereof shall be released.

(Ord. No. 10-15, 1.14, 4-24-02)