ORION TWP. ZONING ORDINANCE ARTICLEXXXIV BROWN ROAD INNOVATION ZONE (BIZ)

NOTICE
CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 78-259
AMENDMENT TO ORD. 78,
ZONING ORDINANCE
ARTICLEXXXIV
BROWN ROAD INNOVATION ZONE (BIZ)
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, July 17, 2017, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion,Michigan 48360, adopted an ordinance amending the Zoning Ordinance No. 78, ArticleXXXIV, for the Charter Township of Orion, Michigan; providing for repeal of conflicting ordinances and portions thereof; and providing an effective date.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
SECTION 1 of Ordinance
Pursuant to the provisions of the Michigan Zoning Enabling Act, pursuant to all applicable provisions of law, ArticleXXXIV is amended by adding the herein after language in the Article as follows:
ARTICLE XXXIV –Brown Road Innovation Zone
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Section 34.01 – Uses Permitted
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D. Special Land Uses. Ancillary uses requiring special land use approval as listed in Table 34-1 shall be subject to the standards and approval requirements set forth within Section 34.02 and as provided in Section 30.02.
Table 34-1
GROUPS EXAMPLES OF USES
Type A Residential, Child Care, Health Care, and Public Uses (including or similar to the following):
Single-family residential
Multi-family residential
Child care centers
Senior assisted living
Public/Semi-public/parks
Essential public services
Essential public service buildings
Hospitals, medical office, clinics
Radio, TV, Telephone Trans. Towers
Colleges/Commercial Schools
Churches
Ancillary or Support Uses Allowed:
Restaurants
Banks / Credit unions (with drive-thru)
Convenience store (without gas sales)
Upper floor residential
Outdoor Patio
Ancillary Uses requiring Special Land Use Approval:
Drive-thru uses
Auto service/ Body repair
Convenience store (with gas sales)
Auto Wash
Outdoor Café
Type B Commercial (including or similar to the following):
Ancillary or Support Uses Allowed without Special Land Use Approval:
Restaurants
Banks / Credit Unions
Convenience Store (with or without gas sales)
Upper Floor Residential
Office and Retail Uses
Multi-tenant Shopping Centers
Outdoor Patio
Ancillary Uses requiring Special Land Use Approval:
Drive-thru Uses
Convenience Store (with gas sales)
Auto Wash
Outdoor Café
Type C Regional Commercial (including or similar to the following):
Auto dealerships
Large-scale retail establishments (over 55,000 sq. ft.)
Multi-tenant shopping centers (over 55,000 sq. ft.)
Building & lumber supply / Garden centers
Office buildings
Hospitals / Medical complexes
Hotels / Motels with conference rooms, banquet facilities and/or a restaurant with a combined minimum area of five thousand (5,000) square feet
Ancillary or Support Uses Allowed without Special Land Use Approval:
Restaurants
Office and Retail Uses
Banks / Credit unions (with drive-thru)
Convenience store (without gas sales)
Upper floor residential
Outdoor Patio
Ancillary Uses requiring Special Land Use Approval:
Drive-thru uses
Auto service / Body repair
Convenience store (with gas sales)
Auto wash
Dog kennels/Dog boarding or day care/Grooming
Outdoor Café
Type D Research and Development/Industrial (including or similar to the following):
Computer/Information Technology and Design, Data Processing, and other Computer-Related Services
Corporate Offices
Experimental Research, Development & Testing Labs
Life Science Technology and Medical Laboratories
Incubator Workshops
Manufacturing, Processing, Stamping, etc.
Printing
Tool & Die, Gauge & Machine Shops
Truck Rental / Truck Terminal / Distribution
Warehousing / Wholesale
Indoor mini-storage facilities with centralized access
Indoor Commercial Recreation
Ancillary Uses requiring Special Land Use Approval:
Contractor’s Equipment Storage / Storage Yards
RV Storage
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Section 34.03 – Required Conditions / Flex Zoning
All activities and uses in this District shall comply with the following required conditions, except where an existing building is legally in nonconformance, or where a variance from the conditions has been legally granted by the Zoning Board of Appeals.
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E. General Design Standards. All proposed development and construction within the Brown Road Innovation Zoning District shall comply with the following standards:
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3. Access Management, Parking, and Loading. Overall street and/or driveway design and layout shall be an integral component of site design providing for both internal access to service the development of properties and cross-access between individual properties (Figure 34.1). Developments shall meet the access management standards set forth in Section 27.14 while, parking, and loading shall meet the standards set forth in Article 27.04.
4. Off-street parking shall be located predominantly within the side or rear yard areas, unless waived by the Planning Commission. The Planning Commission may allow parking in the front yard, subject to traffic safety, visibility, convenience, landscape buffering, or other site factors. If parking is allowed within the front yard as provided above, and the parking area is proposed within two-hundred (200) feet of a public road right-of-way, only a one-way or two-way maneuvering lane with two rows of parking stalls may be provided in the front yard. The remainder of parking shall be located in the side or rear yard unless waived by the Planning Commission. All parking must meet the setback standards of Section 34.03.D and the greenbelt requirements as shown in Figure 34.4 or 34.6.
In an effort to reduce impervious surfaces and roadway conflict points due to multiple driveway access points, where possible, shared parking and common access drives are required unless waived by the Planning Commission for all properties within the BIZ District. Waivers may be requested due to topographic or use incompatibility between properties. See Figure 34.1 for example access management and shared parking layout.
Figure 34.1
Access Management / Shared Parking

5. Pedestrian Pathways and Sidewalks. Emphasis shall be placed on providing a pedestrian circulation system which promotes safety and connects mixed use areas. Vehicular access and circulation shall be planned to ensure safe pedestrian movement by means of safety paths within the development.
6. General Site Design/Architectural Guidelines. It is the intent of the District to provide an environment of high quality and complementary building architecture and site design. Special emphasis shall be placed upon methods that tend to reduce the visual impact of large buildings, to encourage tasteful, imaginative design for individual buildings, and to create a complex of buildings compatible with the Brown Road corridor. Large-format retail centers shall comply with Section 27.16.
7. Specific Site Design/Architectural Guidelines for properties frontingBrown Road. In an effort to provide a transition and continuity from Brown Road to the Gingellville area to the north, the following architectural guidelines shall be incorporated into the design of principal and ancillary structures along Brown Road.
a. Architectural interest shall be provided through the use of repetitious patterns of color, texture and material modules, at least one of which shall repeat horizontally. Each module should repeat at intervals of no more than fifty (50) feet. Plain 8″ x 16″ concrete masonry units shall be avoided. Textured, split face or patterned masonry units shall be used.
b. Building facades greater than one hundred (100) feet in length shall incorporate recesses, projections and or windows along at least twenty percent (20%) of the length of the façade. Varying roof lines, projections/recesses etc. are encouraged. Windows, awnings, and arcades must total at least sixty percent (60%) of a façade length abutting a public street.
c. Standardized, pre-engineered metal sided industrial buildings shall be prohibited unless approved by the Planning Commission.
d. Primary building entrances should be clearly defined and recessed, or framed by a sheltering element such as an awning, arcade or portico in order to provide shelter from the summer sun and winter weather.
e. Greenbelts for Use Group A, B, and C shall be 20’ in width. The greenbelt for Use Group D shall be 30’ in width.
8. Landscaping/Greenbelts/Buffers/Screening Elements. All landscape features of the site shall conform to the requirements set forth in Section 27.05 as well as the regulations listed in Section 34.02 R.
9. Site plan applications shall comply with the submittal requirements of Section 30.01.
10. Interior Access Roads. New roads providing interior access to two (2) or more lots shall provide a right of way of at least sixty-six (66) feet. Interior access roads having connections with either Joslyn Road, Brown Road or Jordan Road shall be provided with entry area improvements including enhanced landscaping (Figure 34.4) and masonry knee walls as depicted in accompanying figures (Figure 34.2 and 34.3). Each side of the entry area and designated right of way shall contain a minimum of the following features:
a. 4 ornamental or shade/street trees
b. 12 shrubs
c. 24 lineal feet of 30″ high knee wall
d. Knee wall and landscaping shall comply with the sight visibility and corner clearance requirements of Section 27.03G.
Figure 34.2
Interior Road Entrance Area Example

Figure 34.3
Representative Interior Access Road
With Knee Wall and Landscaping

Figure 34.4
Interior Road Entrance Area

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G. Lighting Regulations.
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4. Ornamental lighting shall be provided within the greenbelt adjacent to Brown Road. Specifically, lights within this area shall be compatible with the DTE “North Yorkshire” poles (Figure 34.5 ) and fixtures. Compatibility shall be determined during site plan review. All lights shall be spaced 125’ apart and shall be 18.5’ in height.
5. Lighting fixtures within the interior portion of the BIZ district and not within the greenbelt of Brown, Joslyn or Jordan Roads shall be bronze color, shoebox style LED on a square pole.
Figure 34.5
BIZ (Brown Rd.) Fixture Standards

H. Knee Wall. Where required, a 30″ high knee wall as illustrated in Figures 34.2 and 34.3 shall be installed. The knee wall shall adhere to the following standards.
· Decorative knee wall shall be located within the greenbelt, parallel to the R.O.W. and adjacent to the entry planting.
· Columns shall be located at each end of the fence with a brick base and limestone cap.
Item Material Description
Brick Column Belden, Face Brick, Century Reds
Limestone Cap Limestone Cap, 4″ thick
· Columns shall be have an overall height of 36 inches with a wall height of 2 feet 6 inches.
· Maintenance and repair of the knee wall shall be the responsibility of the property owner.
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T. Landscaping. Landscaping and screening shall comply with the following:
1. Landscaping Adjacent to Roads.
a. Where a use type A, B, or C abuts a public road, a twenty (20) foot greenbelt shall be provided with one (1) shade tree per 30 lineal feet, and one (1) shrub per ten (10) lineal feet (Figure 34.6). A 24″-30″ berm or 30″ high knee wall shall be required to screen parking areas fronting on public roadways. The berm or knee wall shall be required to block headlight glare and screen parking lot areas. For the purposes of computing length of road frontage, openings for driveways and sidewalks shall not be counted.
b. Where a use type D abuts a public road, a thirty (30) foot greenbelt shall be provided with one (1) evergreen tree per fifty (50) lineal feet, one (1) ornamental tree per seventy-five (75) lineal feet and one (1) shrub per ten (10) lineal feet. Parking areas fronting a public road shall be screened by a 24″-30″ high berm or 30″ high knee wall. Outdoor storage shall be screened from views from a public right-of-way. For the purposes of computing length of road frontage, openings for driveways and sidewalks shall not be counted.
c. Landscaping of street trees and ornamental trees shall be comprised of the following varieties or other species as approved by the Township.
Table 34-4
Landscape Requirements
Street Tree Plant List
Street Tree Location Common Name Latin Name
Between Back of Armstrong Red Acer x freemanii
Curb to Front of Maple ‘Armstrong’
Sidewalk or safety path Between Back of Frontier Elm Ulmus ‘Frontier’
Sidewalk/safety path
to R.O.W.
Entryway Landscape:
· Ornamentals trees shall be located on each side of the entrance drive.
· All ornamental trees shall not be located within the sight triangle limits.
· All ornamental trees at entry landscape shall be the same type per entry landscape.
· Ornamental trees can be selected from the following plant list or other species approved by the Township:
Ornamental Tree List
Common Name Latin Name
Autumn Brilliance Amelanchier x grandiflora
Serviceberry ‘Autumn Brilliance’ Milky Way Dogwood Cornus kousa chinesis
‘Milky Way’
Japanese Tree Lilac Syringa reticulata ‘Ivory Silk’
Tricolor Beech Fagus sylvatica ‘Tricolor’
· All understory landscape shall be located in front of the ornamental trees.
· All understory landscape shall have a maximum height of 30 inches.
Figure 34.6
Street Frontage Landscape Requirements

REMOVE Figure 34.1 Landscaping Adjacent to Roads – Use Types A, B, and C
REMOVE Figure 34.2 Landscaping Adjacent to Roads – Use Type D
2. Screening Between Uses.
a. Where a residential use abuts a non-residential use, a thirty (30) foot buffer shall be provided with one (1) shade tree per thirty (30) lineal feet, one (1) flowering tree per seventy-five (75) lineal feet, and a combination of shrubs at one (1) shrub per five (5) lineal feet, wall, fence, or berm at a height of six (6) feet as approved by the Planning Commission (Figure 34.7).
b. Where a use type D abuts any other use type including residential, a thirty (30) foot buffer shall be provided with one (1) shade tree per thirty (30) lineal feet, one (1) evergreen tree per fifty (50) lineal feet, one (1) flowering tree per seventy-five (75) lineal feet, and a combination of shrubs at one (1) shrub per five (5) lineal feet, wall, fence, or berm at a height of six (6) feet as approved by the Planning Commission (Figure 34.8).
c. For screening between any other uses, a twenty (20) foot buffer shall be provided with one (1) shade tree per thirty (30) lineal feet, and a combination of shrubs at one (1) shrub per ten (10) lineal feet, wall, fence, or berm at a height of six (6) feet as approved by the Planning Commission (Figure 34.9).
CHANGE NUMBERING Figure 34.7 Buffering between Residential and Non-residential Uses
CHANGE NUMBERING Figure 34.8 Buffering Between Use Type D and All Other Use Types
CHANGE NUMBERING Figure 34.9 Buffering Between All Other Use Types
U. General Landscaping Requirements.
1. General Site Requirements. All undeveloped portions of the site shall conform to the following general landscaping standards, except where specific landscape elements, such as greenbelts, berms, parking lot landscaping, landscaping along roadways, or screening, are required:
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c. The site plan shall indicate the proposed method of watering landscaped areas. Landscape areas along the frontage of Brown Road, Joslyn Road or Jordan Road shall be irrigated.
d. The landscape requirements as illustrated in Figures 34.4 and 34.6 through 34.9 are representative. The required number of trees and shrubs may be grouped or clustered within a flexible design arrangement, as long as the minimum quantity of plant materials is provided.
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V. Zoning Boundaries for the Brown Road Innovation Zone.
Figure 34.10 Zoning Map for the Brown Road Innovation Zone Area

SECTION 2 of Ordinance
All other ordinances or parts of ordinances which are inconsistent or in conflict herewith are hereby repealed to the extent of such inconsistency or conflict.
SECTION 3 of Ordinance
The various parts, sections and clauses of this Ordinance are declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected.
SECTION 4 of Ordinance
This Ordinance shall be published in full in a newspaper of general circulation in the Charter Township of Orion, qualified under State law to publish legal notices, and shall become effective upon publication, as provided by law.
SECTION 5 of Ordinance
This Ordinance is hereby declared to have been adopted by the Board of Trustees of the Charter Township of Orion at a meeting thereof duly called and held on the 17thday of July2017, and ordered to be given publication in the manner prescribed by the Charter of the Township of Orion.
Complete copies of the Ordinance can be viewed on the Township’s website, www.oriontownship.org and also are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, where they may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.
Penny S. Shults, Clerk
Charter Township of Orion
Publish: 07.26.17

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