The city is hereby divided into 20 classes of districts known as follows:

(Ord. No. 68-15, § 3.01, 10-22-1968)

(a)

The boundaries of these districts are shown upon the map this chapter, which map is designated as the zoning map of the city. The zoning map is on file in the office of the clerk of the city and all notations, references, and other information shown thereon are a part of this chapter and have the same force and effect as if said zoning map and all such notations, references, and other information shown thereon were fully set forth or described herein.

(b)

Except where reference on said map to a street or other designated line by the dimensions shown on said map, the district boundary lines follow lot lines or the centerlines of the streets or alleys or such lines extended and the corporate limits of the city, as they existed at the time of the adoption of this chapter.

(c)

Where a district boundary line, as established in this section or as shown on the zoning map, divides a lot which was in a single ownership and of record at the time of enactment of this chapter, the use authorized thereon and the other district requirements applying to the least restricted portion of such lot, under this chapter, shall be considered as extending to the entire lot, provided that the more restricted portion of such lots is entirely within 25 feet of said dividing district boundary line. The use so extended shall be deemed to be conforming.

(d)

Questions concerning the exact location of district boundary lines shall be determined by the zoning board of appeals after recommendation from the city planning commission, according to rules and regulations which may be adopted by it.

(Ord. No. 68-15, § 3.02, 10-22-1968)

The R-1A and R-1B, single-family residential districts are established as districts in which the principal use of land is for single-family dwellings. For the single-family residential districts, in promoting the general purpose of this chapter, the specific intent of this section is:

(1)

To encourage the construction of, and the continued use of the land for single-family dwellings;

(2)

To prohibit business, commercial or industrial use of the land, and to prohibit any other use which would substantially interfere with development or maintenance of single-family dwellings in the district;

(3)

To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter;

(4)

To discourage any land use which would generate traffic on minor or local streets, other than normal traffic to serve the residences on those streets; and

(5)

To discourage any use which, because of its character or size would create requirements and costs for public services such as fire and police protection, water supply, and sewerage, substantially in excess of such requirements and costs if the district were developed solely for single-family dwellings.

(Ord. No. 68-15, § 7.01, 10-22-1968; Ord. No. 95-15, § 1, 5-16-1995)

The following are permitted uses in the R-1A and R-1B, single-family residential districts:

(1)

Single-family detached dwellings.

(2)

State licensed residential facilities, as required by section 206 of Public Act No. 110 of 2006 (MCL 125.3206).

(3)

Municipally and publicly owned parks and parkways.

(4)

Public utility buildings, telephone equipment building, electric transformer stations and substations, and gas regulator stations, with limited areas for personnel, and only when such must be located within the district to serve the immediate vicinity. Service or storage yards are prohibited.

(5)

Temporary buildings incidental to construction work may be allowed by special permit issued by the building inspector provided all of the following requirements are met:

a.

The building is not used as a dwelling unit;

b.

The use of the building is limited to 180 days;

c.

The maximum size does not exceed 200 square feet; and

d.

The building is totally removed within 15 days after completion of work.

(6)

Accessory buildings or uses customarily incidental to any of the permitted uses, when located on the same lot and not involving any business, profession, trade or occupation. This shall include one private garage for each residential lot which shall not contain space for more than three vehicles; provided further, that all accessory buildings shall conform and be located as required in section 52-158.

(7)

Home occupations as limited and defined in section 52-167.

(8)

Off-street parking in accordance with the requirements of article IX of this chapter.

(9)

The following uses shall be allowed as a special use:

a.

Churches and other facilities normally incidental to churches, provided all of the following requirements are met:

1.

The proposed site is not less than two acres;

2.

There is adequate access to all required off-street parking areas;

3.

There is no parking in the required front yard except as allowed in article IX of this chapter; and

4.

The site is adjacent to a major thoroughfare as defined in the city's master plan.

b.

Public, parochial and private elementary, intermediate, and/or high schools offering courses in general education, and not operated for profit, and municipally, and publicly owned and operated buildings, libraries, parks, parkways and recreational provided all of the following requirements are met:

1.

The proposed site is not less than two acres;

2.

There is adequate access to all required off-street parking areas; and

3.

There is no parking in the required front yard except as allowed in article IX of this chapter.

c.

Child care centers, provided all of the following requirements are met:

1.

There is a minimum of 100 square feet of outdoor play area for each child;

2.

A total outdoor play space of not less than 1,000 square feet is maintained;

3.

An off-street loading and unloading area is provided; and

4.

The site is adjacent to a major thoroughfare as defined in the city's master plan.

d.

Private noncommercial recreational areas.

(Ord. No. 68-15, § 7.02, 10-22-1968; Ord. No. 95-15, § 1, 5-16-1995)

All permitted uses, except single-family detached dwellings, shall require mandatory site plan review pursuant to section 52-904.

(Ord. No. 95-15, § 1(7.03), 5-16-1995)

(a)

Only one principal building shall be erected, constructed or maintained on a lot of record.

(b)

No residential dwelling shall be constructed in the rear yard or on the rear of any lot or upon a lot with another dwelling.

(c)

Every principal building shall front upon a public street or permanent easement of access which provides access to a public street. Such permanent easement shall be constructed to the same standards as a public street.

(d)

The combined lot coverage for principal and accessory buildings on the lot shall not exceed 35 percent of the total lot area. Public easements other than front or side street rights-of-way, shall be included in computing lot coverage. An additional five percent of lot coverage shall be allowed for coverage by a wood deck as long as the area below the deck is not concrete, patio stones or similar hard surface.

(e)

The rear yard shall have a 50 percent open space. Patio stones, brick pavers, concrete slabs, or a similar solid or hard surface shall not be considered open space. Public easements shall be included in the lot area for this computation. A wood deck without a hard surface below shall be considered part of the open space.

(f)

A nonenclosed porch or paved terrace may occupy the front yard, provided that it does not project more than six feet beyond the front line of the building.

(g)

A bay window shall not project more than three feet beyond the front line of the building.

(h)

No principal building shall be erected or altered to exceed the height, area or setback requirements as set forth in division 19 of this article, pertaining to the schedule of regulations.

(Ord. No. 95-15, § 1(7.04), 5-16-1995)

The following conditions shall apply to all accessory buildings:

(1)

If physically attached to the principal building, the accessory building shall conform to all regulations applicable to principal buildings.

(2)

Shall not be erected:

a.

In any required yard except a rear yard;

b.

Closer than two feet to any adjoining side lot line and one foot to any rear lot line;

c.

On any public easement or right-of-way; and

d.

Closer than ten feet to the principal building or any deck attached to the principal building.

(3)

If not attached to principal building, it shall not exceed a height of:

a.

One story; or

b.

15 feet if constructed with a sloped roof.

(4)

Shall not exceed the total ground floor area of the principal building.

(5)

In the cases of double frontage lots, or corner lots, accessory buildings shall observe the front yard requirements on both street frontages.

(Ord. No. 95-15, § 1(7.05), 5-16-1995; Ord. No. 2003-03, § 1, 4-27-2004)

(a)

A decorative deck shall be permitted in the required rear yard or open space, subject to all of the following conditions:

(1)

The deck does not encroach into any easement by more than 25 percent of the width of the easement;

(2)

The deck conforms with the applicable side yard setback requirements; and

(3)

Additional structures attached to the deck, such as a gazebo or shed, are not closer than ten feet to the principal building.

(b)

A decorative deck that is not attached to the principal dwelling shall be considered an accessory use or building and shall be treated as such.

(c)

Construction and use shall be pursuant to the state construction code, article II of chapter 10.

(Ord. No. 95-15, § 1(7.06), 5-16-1995)

(a)

Since exterior appliances are installed for an owner's convenience and comfort, it is the intent of this section to burden the property owner where the unit is located with the noise and other nuisances associated with such appliances. A central air conditioning condenser unit, heat pump or any other noise-producing mechanical system components which are typically required to be located on the exterior of a house, shall be located in the rear yard within three feet of the principal building, and clear of side yard setbacks. Such components may be located in a side yard at the discretion of the building inspector if all of the following conditions are complied with:

(1)

Placement in the rear yard is not possible due to structural interferences, as determined by the building inspector;

(2)

The unit is provided with air discharge outlet directed vertically upwards or is directed to the rear yard;

(3)

The unit is screened by a decorative wood fence or similar structure, four feet high, to conceal the unit from view from the side yard and front yard;

(4)

The unit shall not be located adjacent to an adjoining property owner's living or sleeping area where windows or doors are directly exposed to the unit;

(5)

The unit shall not be located closer than four feet from any property line.

(b)

Existing units located in side yards at the time of adoption of the ordinance from which this chapter is derived shall not be replaced in the same location unless the unit complies with the conditions of this section.

(Ord. No. 95-15, § 1(7.07), 5-16-1995)

(a)

The entire area designated for the parking or storage of vehicles and any driveway or maneuvering lane shall be provided with asphaltic or concrete surfacing. Upon special approval of the building inspector, an alternative hard surfacing material, such as brick pavers, may be utilized for single-family detached dwellings.

(b)

Driveways, approaches and parking pads of gravel construction that were in existence as of April 30, 1999, shall be permitted as a continued use. However, such driveway, approach and parking pad shall not be enlarged, altered or modified.

(c)

A person's first or second violation of this section shall be a municipal civil infraction with a civil fine as established in section 1-14(b). A person's subsequent violations of this section shall be a misdemeanor and subject to the penalties of section 1-14(a).

(d)

All requirements for off-street parking shall be provided as required in article IX of this chapter.

(Ord. No. 95-15, § 1(7.08), 5-16-1995; Ord. No. 99-3, § 1, 3-9-1999)

Signage shall be allowed as provided in section 52-899.

(Ord. No. 95-15, § 1(7.09), 5-16-1995)

Basement dwellings and garage dwellings are prohibited and shall not be erected or occupied as a dwelling.

(Ord. No. 95-15, § 1(7.10), 5-16-1995)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Boundary fences means any four-foot or higher structure or partition constructed or erected parallel to and on or within four feet of any lot line.

Decorative fences means any structure, partition or chain dividing a piece of land into distinct portions or into two separate contiguous parcels of land, other than a boundary fence.

(b)

Boundary fences shall only be installed and erected as follows:

(1)

Shall not be installed in the front yard which shall include any part of the lot or space in front of the house or structure that is the farthest from the sidewalk or street.

(2)

Shall not be brick, masonry, wood or any other material which results in a solid-type fence, unless the fence is along a commercial alley, expressway, open drainage ditch, railroad or parking facility.

(3)

Shall not exceed six feet in height, not including decoration or ornaments at the top of posts, which may extend an additional six inches.

(4)

If the lot is adjacent to a commercial alley, the fence may be extended along the alley line toward the front sidewalk or street but the fence shall be reduced to four feet at the front line of the house and then reduced to two feet within six feet of the front sidewalk and stopped two feet from the sidewalk.

(5)

A gate of the same permitted height may be installed along any of the fence lines.

(c)

Decorative fence shall be allowed only if installed as follows:

(1)

Not on any property line.

(2)

Not closer than three feet to any driveway of an abutting property owner.

(3)

If installed in the front yard, the fence shall not be constructed or installed parallel to the city sidewalk for a distance of more than four feet and shall not be installed closer than three feet from the edge of the sidewalk, or if installed elsewhere in the front yard, shall not be constructed or installed at a distance greater than four feet from the front of the principal building.

(4)

Shall not exceed a height of 30 inches.

(5)

Shall not be constructed of brick, masonry, wood, or any other material, which results in a solid type fence.

(6)

Shall not enclose any area and shall not have any gate.

(d)

A zoning permit shall be obtained prior to the installation of any fence, pursuant to section 52-25, zoning permits.

(e)

Construction shall be pursuant to state construction code, article II of chapter 10.

(Ord. No. 95-15, § 1(7.11), 5-16-1995; Ord. No. 2003-01, § 1, 4-27-2004)

(a)

There shall be a minimum floor area for all single-family dwelling units of 1,200 square feet for R-1A districts and 900 square feet for R-1B zoned districts.

(b)

There shall a minimum floor to ceiling height of 7.5 feet.

(c)

There shall be a minimum width throughout the entire length of the dwelling of 24 feet measured between the exterior part of the walls having the greatest length.

(d)

There shall be foundation around the entire exterior perimeter of the dwelling of concrete or block with a minimum depth of 42 inches with a minimum of eight inches exposed foundation above grade of the same design as required by the state construction code.

(e)

As a minimum, there shall be a crawlspace below the entire bottom of the dwelling with a depth of two feet with a vapor barrier consisting of two inches of concrete on the floor of the crawlspace. The crawlspace shall be provided with adequate drains to drain any accumulation of water. The building inspector may allow an alternative building plan to be utilized if consistent with the state construction code.

(f)

The dwelling shall be firmly attached to the foundation, so as to be watertight, and shall be anchored to said foundation by an anchor system designed and constructed in compliance with the United States Department of Housing and Urban Development regulations entitled, Mobile Home Construction and Safety Standards, or as required by the state construction code.

(g)

If applicable, any wheels, pulling mechanism, and tongues shall be removed.

(h)

The dwelling shall be connected to a public sewer and water supply.

(i)

There shall be permanently attached to the foundation, steps and/or port areas where an elevation differential exists between any door and surrounding grade.

(j)

There shall be no additions to the living space of the dwelling unless it meets all the requirements hereof and is built according to the same minimum standard as provided in the state construction code and as approved by the building inspector.

(k)

There shall be a minimum of two doors to provide means of ingress and egress from the dwelling.

(l)

Plans, floor plan layouts, certification of meeting HUD mobile home standards (if applicable) and foundation shall be presented along with a site plan showing compliance with all standards, the state construction code and all other requirements of this chapter, including, but not limited to, the requirement of the district in which it is located, to the building inspector prior to issuance of a building permit.

(m)

A mobile home must meet standards for mobile home construction as contained in the United States Department of Housing and Urban Development regulations entitled, Mobile Home Construction and Safety Standards, effective June 15, 1976, as amended. All other dwellings must meet the requirements of the state construction code.

(Ord. No. 95-15, § 1(7.12), 5-16-1995)

(a)

A home occupation shall be allowed by special permit issued by the building inspector if all of the following conditions are met:

(1)

It is conducted by the permanent residents of the dwelling;

(2)

It is solely confined within the principal building with no outdoor storage of anything associated with the business;

(3)

No article or service is sold or offered for sale on the premises, except as is produced on the premises by the residents;

(4)

No internal or external alterations or construction features or equipment, not customarily found in residential areas, are required;

(5)

The occupation is incidental to the residential use;

(6)

Storage space for the occupation does not occupy more than 400 square feet;

(7)

No sign advertising the occupation shall be displayed;

(8)

No outdoor display of product sold;

(9)

The occupation does not generate traffic or a need for parking beyond that required for the residential unit;

(10)

The occupation does not generate excessive dust, noise or odors offensive to the neighborhood;

(11)

The occupation does not interfere with the permitted uses in the neighborhood or make the premises unsuitable for the permitted uses;

(12)

The occupation will not cause a reduction in property values in the area; and

(13)

The occupation does not involve the sale or storage of explosive, flammable, toxic or hazardous materials, products or supplies.

(b)

No home occupation shall commence until the special permit has been obtained and the required annual fee, as set by council resolution, has been paid.

(Ord. No. 95-15, § 1(7.13), 5-16-1995)

State Law reference— Single-family residence, use for instruction in craft or fine art as home occupation, MCL 125.3204.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Private pool means any portable or nonportable structure or container, either above or below grade, whether enclosed or not, having a depth of two feet or more feet at any point and a total water surface area exceeding 250 square feet.

(b)

A private pool shall be permitted in the side or rear yard if all of the following requirements are met:

(1)

A distance of not less than six feet from the lot lines to the pool wall is provided;

(2)

The pool is not within 35 feet of any street right-of-way; and

(3)

The pool is not within six feet of the principal building.

(c)

Construction and security enclosure shall be pursuant to state construction code and regulations.

(Ord. No. 95-15, § 1(7.14), 5-16-1995)

Erection and placement shall be provided and allowed in accordance with the requirements of article VII of this chapter.

(Ord. No. 95-15, § 1(7.16), 5-16-1995)

The R-2, two-family and multiple dwelling residential district is established as a district in which the principal use of land is for single-family and two-family dwellings and certain multiple dwellings based upon a plan to make the most appropriate use of scattered parcels of land within neighborhoods or on major thoroughfares. The specific intent of this article is to ensure that only such residential uses as can be properly designed and built will be allowed in this district so as not to overcrowd the land, cause parking or traffic congestion, or to have injurious effects on adjacent single-family residential property.

(Ord. No. 68-15, § 8.01, 10-22-1968)

(a)

In all R-2 districts, no building or land, except as otherwise provided in this chapter, shall be erected or used except for one or more of the following specified uses:

(1)

Any use permitted in the R-1A and R-1B, single-family residential districts, as enumerated in section 52-156, subject to all requirements for such uses.

(2)

Two-family dwellings.

(3)

Multiple dwellings including:

a.

Apartment houses.

b.

Rowhouse or townhouse dwellings.

c.

Efficiency units.

(4)

Hospitals, sanitariums, rest homes, residences for aged persons and orphanages subject to the following requirements:

a.

Buildings designed for or occupied by any of these uses shall be located at least 50 feet from any exterior property line and shall be located on a site having at least two acres of area.

b.

The building height shall be limited to 2½ stories or 35 feet.

c.

The proposed site shall front upon a major street of not less than 120-foot right-of-way and provide direct access to all parking and loading areas directly from said street.

(5)

Off-street parking and loading in accordance with the requirements of article IX of this chapter.

(b)

In connection with all of the uses in subsection (a) of this section, the following requirements shall be complied with before any building permit is issued:

(1)

The developer shall furnish the building inspector with two copies of the letter of intent and the development plans for any use permitted in the R-2 district, drawn to scale, showing the general location of all buildings, roads, parking areas, open areas, sidewalks, and street lighting. Typical elevations of all four sides of the proposed buildings and proposed number of dwelling units by type (e.g., number of bedrooms) shall be submitted.

(2)

Two copies of the proposed protective covenants shall also be submitted whereby the developer proposed to regulate the development if the property is to be subdivided or if requested by the building inspector.

(3)

The developer shall submit to the city engineer for his approval three copies of the utility plans drawn to a scale not less than one inch equals 50 feet showing proposed sanitary sewers, storm sewers, water mains, street pavements, parking areas and other required engineering data.

(4)

The city shall install and construct all such municipal utilities and improvements as may be required by the city at the expense of the developer or owner of the multiple dwelling developments exceeding and including five acres of total land area.

(5)

The developer or owner, prior to final approval of the plans, shall dedicate to the city the required public easements for the maintenance and operation of sewer lines and water lines and necessary street rights-of-way for the maintenance and operation of all pavements.

(6)

The developer or owner shall also deposit with the city all monies necessary, in an amount as determined by the city, for the cost and payment by the city for all construction, including engineering, inspection, legal and miscellaneous contingency costs incurred by the city in the construction of said municipal utilities and improvements.

(c)

Only those uses specifically permitted in this section shall be allowed in an R-2 district. In order to clarify the type of permitted uses, the following uses, among others, are specifically prohibited:

(1)

Rental offices, as accessory to a multiple dwelling, rowhouse or townhouse dwelling or efficiency unit project.

(2)

Tourist home, lodginghouse, or boardinghouse.

(3)

Motel, hotel, or mobile home park.

(4)

A residential structure for a home for children of other than those residing therein, or for the aged, indigent, or physically handicapped; or a rest or convalescent home, except for state licensed residential facilities required to be permitted uses in all residential districts in section 206 of Public Act No. 110 of 2006 (MCL 125.3206).

(Ord. No. 68-15, § 8.02, 10-22-1968)

The area, height, bulk and placement requirements shall be in accordance with division 19 of this article, pertaining to the schedule of regulations.

(Ord. No. 68-15, § 8.03, 10-22-1968)

The RM and RMA, multiple dwelling residential districts are designed to permit residential use of land with various types of multiple dwellings and related uses. These areas would be located near major streets for good accessibility and be designed to complement adjacent single-family areas. Various types and sizes of residential accommodations, for ownership or rental, would thereby be provided to meet the needs of the different age and family groups in the community without overtaxing existing community facilities, utilities, or services.

(Ord. No. 68-15, § 9.01, 10-22-1968)

(a)

In all RM and RMA districts, no building or land, except as otherwise provided in this chapter, shall be erected or used except for one or more of the following specified uses:

(1)

All uses permitted in the R-2 district, subject to all requirements for such uses in zoning districts where first permitted.

(2)

Multiple dwellings including:

a.

Apartment houses.

b.

Rowhouse or townhouse dwellings.

c.

Efficiency units.

(3)

Community garages serving the principal residential building, containing space for no more than two passenger vehicles for each dwelling unit in the principal building on the lot.

(4)

Maintenance and management buildings to serve the multiple dwellings.

(5)

Private swimming pool designed and operated only for occupants of the principal building and their personal guests.

(6)

Signs when located on the same lot pertaining to the use of the particular building or buildings, provided that they shall not overhang any public right-of-way; shall not be illuminated; shall not exceed 12 square feet in area; shall not project higher than one story or 20 feet above the level of the ground, whichever is lower; and shall not indicate any other information except the name or address of the building or management thereof. For community facility uses, a bulletin board with an area not exceeding 16 square feet in area nor located closer than eight feet to any property in a single-family residential zone is also permitted. Signs for off-street parking areas, open or enclosed, are permitted, providing they do not exceed two square feet in area and are not higher than seven feet above curb level.

(7)

Off-street parking and loading in accordance with the requirements of article IX of this chapter.

(b)

In connection with all of the uses in subsection (a) of this section, the following requirements shall be complied with before any building permit is issued:

(1)

The developer shall furnish the building inspector with two copies of the letter of intent and the development plans for any use permitted in the RM or RMA district, drawn to scale, showing the general location of all buildings, roads, parking areas, open areas, sidewalks, and street lighting. Typical elevations of all four sides of the proposed buildings and proposed number of dwelling units by type (e.g., number of bedrooms) shall be submitted.

(2)

Two copies of the proposed protective covenants shall also be submitted whereby the developer proposed to regulate the development if the property is to be subdivided or if requested by the building inspector.

(3)

The developer shall submit to the city engineer for his approval three copies of the utility plans drawn to a scale not less than one inch equals 50 feet showing proposed sanitary sewers, storm sewers, water mains, street pavements, parking areas and other required engineering data.

(4)

The city shall install and construct all such municipal utilities and improvements as may be required by the city at the expense of the developer or owner of the multiple dwelling developments exceeding and including five acres of total land area.

(5)

The developer or owner, prior to final approval of the plans, shall dedicate to the city the required public easements for the maintenance and operation of sewer lines and water lines and necessary street rights-of-way for the maintenance and operation of all pavements.

(6)

The developer or owner shall also deposit with the city all monies necessary, in an amount as determined by the city, for the cost and payment by the city for all construction, including engineering, inspection, legal and miscellaneous contingency costs incurred by the city in the construction of said municipal utilities and improvements.

(c)

Only those uses specifically permitted in this section shall be allowed in an RM or RMA district. In order to clarify the type of permitted uses, the following uses, among others, are specifically prohibited:

(1)

Rental offices, as accessory to a multiple dwelling, rowhouse or townhouse dwelling or efficiency unit project.

(2)

Tourist home, lodginghouse, or boardinghouse.

(3)

Motel, hotel, or mobile home park.

(4)

A residential structure for a home for children of other than those residing therein, or for the aged, indigent, or physically handicapped; or a rest or convalescent home, except for state licensed residential facilities required to be permitted uses in all residential districts in section 206 of Public Act No. 110 of 2006 (MCL 125.3206).

(Ord. No. 68-15, § 9.02, 10-22-1968)

The area, height, bulk and placement requirements shall be in accordance with division 19 of this article, pertaining to the schedule of regulations.

(Ord. No. 68-15, § 9.03, 10-22-1968)

The C-1, neighborhood business district is intended to permit retail business and service uses which are needed to serve the nearby residential areas. In order to protect the abutting residential neighborhood, uses are prohibited which would create hazards, offensive and loud noises, vibration, smoke, glare, heavy traffic or late hours of operation. The intent of this district is also to encourage the concentration of small local business in isolated service areas to the mutual advantage of both the consumers and merchants and thereby promote the best use of land at certain strategic locations and avoid the uncontrolled expansion strip business development.

(Ord. No. 68-15, § 10.01, 10-22-1968; Ord. No. 2004-05, § 1(10.1), 3-8-2004)

(a)

Retail classification. The following are permitted uses in the retail classification:

(1)

Bake shops, subject to the following restrictions:

a.

At least 75 percent of all baked goods produced on the premises are sold on the premises at retail; and

b.

Floor area used for bakery production shall be limited to 500 square feet per establishment.

(2)

Household appliance, bicycle and small motorized lawn service equipment repair shops with no outdoor storage or service area.

(3)

Laundromats or dry cleaning dropoff sites without dry cleaning plants.

(4)

Retail stores of not more than 4,000 gross square feet for the sale of art supplies, bicycles, clothing and tailoring shops, collectibles, confections, delicatessen, drugs, flowers, groceries including liquor if other nonalcohol items are sold and are the majority of the products offered for sale, gifts, hardware, household appliances, notions, periodicals, (excluding adult book or video stores), small motorized lawn service equipment, stationery, sundry small household articles, tobacco, and other similar items.

(5)

Video rental or sale, provided:

a.

There is no on-site viewing area; and

b.

Adult videos shall be no more than one percent of the inventory.

(b)

Food service. Permitted uses are regulated uses only. See section 52-239.

(c)

Personal service. The following are permitted uses in the personal service classification:

(1)

Barbershop.

(2)

Beauty shop.

(d)

General office. Permitted uses in the general office classification are all nonmedical offices.

(e)

Medical. The following are permitted uses in the medical classification:

(1)

Dental offices and clinics.

(2)

Medical offices and clinics without emergency room and overnight facilities.

(f)

Residential. Single-family and multiple-family dwellings, subject to the following conditions:

(1)

Shall be constructed above a permitted business or other nonresidential use;

(2)

Shall have a separate entrance; and

(3)

Shall meet the density requirements for the R-2 zoning district.

(g)

Other.

(1)

Uses similar to those permitted uses within the neighborhood business district, in this subsections (a) through (f) of this section, subject to the following restrictions:

a.

All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced; and

b.

All business, servicing or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings.

(2)

Off-street parking facilities.

(h)

Accessory uses. Accessory structures and uses, customarily incidental to the uses permitted in this section, subject to the following restriction: garages to be used exclusively for the storage of vehicles, which are to be used in connection with a business or other permitted use located on the same parcel of property.

(Ord. No. 68-15, § 10.02, 10-22-1968; Ord. No. 2004-05, § 1(10.2), 3-8-2004)

The following uses shall be permitted after obtaining approval from the planning commission and the mayor and council as a special use under article VII of this chapter and upon compliance with the terms provided in this section:

(1)

Uses.

a.

Day care facilities, with and without outdoor activity areas.

b.

Eating or drinking places subject to the following restrictions:

1.

No liquor license;

2.

No more than 1,600 gross square feet; and

3.

No drive-through facilities.

c.

Nursing homes.

d.

Public utility buildings, telephone exchange buildings, electric transformer stations and substations and gas regulator stations when required to service the immediate area and shall not contain any outdoor storage and all outdoor activity and equipment areas shall be screened as required by and specified by the planning commission.

(2)

Requirements.

a.

All parking required by article IX of this chapter, shall be provided and no special parking permit shall be allowed; and

b.

All outdoor activity areas and/or storage areas shall be screened as required by and as specified by the planning commission.

(Ord. No. 2004-05, § 1(10.3), 3-8-2004)

Those sides of a lot or parcel that are adjacent to or near residential districts shall be screened as required by section 52-901.

(Ord. No. 68-15, § 10.03, 10-22-1968; Ord. No. 2004-05, § 1(10.4), 3-8-2004)

Off-street parking shall be provided as required in article IX of this chapter.

(Ord. No. 2004-05, § 1(10.5), 3-8-2004)

Signage shall be allowed as provided in section 52-899.

(Ord. No. 2004-05, § 1(10.6), 3-8-2004)

Landscaping shall be provided as required in the approved site plan.

(Ord. No. 2004-05, § 1(10.7), 3-8-2004)

Dumpsters shall be placed and enclosed pursuant to division 2 of article II of chapter 38.

(Ord. No. 2004-05, § 1(10.8), 3-8-2004)

The area, height, bulk and placement requirements shall be in accordance with division 19 of this article, pertaining to the schedule of regulations.

(Ord. No. 68-15, § 10.04, 10-22-1968; Ord. No. 2004-05, § 1(10.9), 3-8-2004)

The C-2, general business district established in this article is intended to be that permitting retail business and service uses which are needed to serve the nearby residential areas. In order to promote such business development so far as is possible and appropriate in each area, uses are prohibited which would create hazards, offensive and loud noises, vibration, smoke, glare, heavy truck traffic, or late hours of operation. The intent of this district is also to encourage the concentration of local business areas in locations proposed in the master plan to the mutual advantage of both the consumers and merchants and thereby promote the best use of land at certain strategic locations and avoid the continuance of encouraging marginal strip, business development along major streets.

(Ord. No. 2004-05, § 1(10A.1), 3-8-2004)

(a)

Retail classification. The following are permitted uses in the retail classification:

(1)

Bake shops, subject to the following restrictions:

a.

At least 75 percent of all baked goods produced on the premises are sold on the premises at retail; and

b.

Floor area used for bakery production shall be limited to 500 square feet per establishment.

(2)

Household appliance, bicycle and small motorized lawn service equipment repair shops with no outdoor storage or service area.

(3)

Laundromats or dry cleaning dropoff sites without dry cleaning plants.

(4)

Video rental or sale, provided:

a.

There is no on-site viewing area; and

b.

Adult videos shall be no more than one percent of the inventory.

(5)

Retail stores of not more than 4,000 gross square feet for the sale of art supplies, bicycles, clothing and tailoring shops, collectibles, confections, delicatessen, drugs, flowers, groceries including liquor if other nonalcohol items are sold and are the majority of the products offered for sale, gifts, hardware, household appliances, notions, periodicals, (excluding adult book or video stores), small motorized lawn service equipment, stationery, sundry small household articles, tobacco, and other similar items.

(b)

Food services. Permitted uses are regulated uses only. See section 52-271.

(c)

Personal services. The following are permitted uses in the personal services classification:

(1)

Banking facilities without drive-through service.

(2)

Barbershop.

(3)

Beauty shop.

(d)

Professional services. Permitted uses in the professional services classification are nonmedical offices.

(e)

Medical. The following are permitted uses in the medical classification:

(1)

Dental offices and clinics.

(2)

Medical offices and clinics without emergency and overnight facilities.

(f)

Residential. The following are permitted uses in the residential classification: single-family and multiple-family dwellings subject to all of the following conditions:

(1)

They shall be constructed above a permitted business or other nonresidential use;

(2)

They shall have a separate entrance; and

(3)

They shall meet the density requirements for the R-2 zoning district.

(g)

Other.

(1)

Uses similar to those permitted uses within the general business district, in this subsections (a) through (f) of this section, subject to the following restrictions:

a.

All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced; and

b.

All business, servicing or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings.

(2)

Off-street parking facilities.

(h)

Accessory use. Accessory structures and uses customarily incidental to the permitted uses in subsection (a) through (f) of this section subject to the following restrictions: garages to be used exclusively for the storage of vehicles, which are to be used in connection with a business or other permitted use located on the same parcel of property.

(Ord. No. 2004-05, § 1(10A.2), 3-8-2004)

The following uses shall be permitted after obtaining approval from the planning commission and the mayor and council as a special use under article VII of this chapter and upon compliance with the terms provided in this section:

(1)

Uses.

a.

Churches and other facilities normally incidental to churches, provided that:

1.

The proposed site is not less than two acres;

2.

There is adequate access to all required off-street parking areas;

3.

There is no parking in the required front yard except as allowed in article IX of this chapter; and

4.

The site is adjacent to a major thoroughfare as defined in the city's master plan or by the city's motor vehicle fund.

b.

Eating or drinking places, subject to the following restrictions:

1.

No liquor license;

2.

No more than 1,600 gross square feet; and

3.

No drive-through facilities.

c.

Mortuary establishments, funeral homes or chapels.

d.

Private club, provided:

1.

No liquor license; and

2.

No more than 1,000 gross square feet.

e.

Public utility buildings, telephone exchange buildings, electric transformer stations and substations and gas regulator stations when required to service the immediate area and shall not contain any outdoor storage and all outdoor activity and equipment areas shall be screened as required by and specified by the planning commission.

(2)

Requirements.

a.

All parking requirements of article IX of this chapter, shall be provided and no special parking permit shall be allowed; and

b.

All outdoor activity areas and/or storage areas shall be screened as required by and specified by the planning commission.

(Ord. No. 2004-05, § 1(10A.3), 3-8-2004)

Those sides of a lot or parcel that are adjacent to or near residential districts shall be screened as required by section 52-901.

(Ord. No. 2004-05, § 1(10A.4), 3-8-2004)

Off-street parking shall be provided as required in article IX of this chapter.

(Ord. No. 2004-05, § 1(10A.5), 3-8-2004)

Signage shall be allowed as provided in section 52-899.

(Ord. No. 2004-05, § 1(10A.6), 3-8-2004)

Landscaping shall be provided as required in the approved site plan.

(Ord. No. 2004-05, § 1(10A.7), 3-8-2004)

Dumpsters shall be placed and enclosed pursuant to division 2 of article II of chapter 38.

(Ord. No. 2004-05, § 1(10A.8), 3-8-2004)

The area, height, bulk, and placement requirements shall be in accordance with division 19 of this article, pertaining to the schedule of regulations.

(Ord. No. 2004-05, § 1(10A.9), 3-8-2004)

The C-3, commercial district is intended to permit retail business and service uses which are needed to serve the nearby residential areas as well as limited regional traffic. In order to protect the nearby residential neighborhoods and promote the business development so far as is possible and appropriate, uses are prohibited which would create hazards, offensive and loud noises, vibration, smoke and glare. The intent of this district is also to encourage the concentration of business in these locations that require greater accessibility thereby promoting the best use of land at certain strategic locations and avoid the further expansion of such business locations into the residential districts.

(Ord. No. 2004-05, § 1(10B.1), 3-8-2004)

(a)

Retail classification. The following are permitted uses in the retail classification:

(1)

Grocery stores.

(2)

Laundromats or dry cleaning dropoff sites without dry cleaning plants.

(3)

Rental shops with no outdoor storage or display of products.

(4)

Retail stores of not more than 20,000 gross square feet for the sale of art supplies, bicycles, clothing and tailoring shops, collectibles, confections, delicatessen, drugs, flowers, gifts, hardware, household appliances, liquor/beer/wine sales, notions, periodicals, small motorized lawn service equipment, stationery, sundry small household articles, tobacco and other similar items.

(5)

Video rental or sale, provided:

a.

There is no on-site viewing area; and

b.

Adult video shall be no more than one percent.

(b)

Food service. The permitted uses are regulated use only. See section 52-305.

(c)

Personal service. The following are permitted uses in the personal service classification:

(1)

Banking facilities, including drive-through servicing.

(2)

Barbershop.

(3)

Beauty shop.

(d)

Professional service. The permitted uses in the professional service classification are regulated use only. See section 52-305.

(e)

Medical. The permitted uses in the medical classification are regulated uses only. See section 52-305.

(f)

Residential. Residential uses are not allowed.

(g)

Other.

(1)

Uses similar to those permitted uses within the C-3, commercial district, as set forth in subsections (a) through (f) of this section, subject to the following restrictions:

a.

All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced; and

b.

All business, servicing or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings.

(2)

Off-street parking facilities.

(h)

Accessory uses. Accessory uses are not allowed.

(Ord. No. 2004-05, § 1(10B.2), 3-8-2004)

The following uses shall be permitted after obtaining approval from the planning commission and the mayor and council as a special use under article VII of this chapter and upon compliance with the terms provided in this section:

(1)

Uses.

a.

Automobile, light truck and trailer rental facilities, either conducted alone or in conjunction with another use.

b.

Automotive service centers, including facilities that provide and/or perform any service work on any automobile, motorcycle or truck, including, but not limited to, oil changes, tune-ups, vehicle washing, tire sales and repair, exhaust systems, or collision service.

c.

Dental office and clinic.

d.

Eating or drinking places, including fast food restaurant, but excluding catering facilities, banquet halls and private clubs with on-site consumption.

e.

Medical office and clinic with limited emergency services and no overnight facilities.

f.

Nonmedical professional offices.

g.

Public utility buildings, telephone exchange buildings, electric transformer stations and substations and gas regulator stations when required to service the immediate area and shall not contain any outdoor storage and all outdoor activity and equipment areas shall be screened as required by and specified by the planning commission.

(2)

Requirements.

a.

All parking requirements of article IX of this chapter, shall be provided and no special parking permit shall be allowed; and

b.

All outdoor activity areas and/or storage areas shall be screened as required by and specified by the planning commission.

(Ord. No. 2004-05, § 1(10B.3), 3-8-2004)

In addition to the other requirements of this division, automotive service centers shall conform to the following regulations:

(1)

All repair or service activity, except the fueling of a vehicle, shall be conducted within completely enclosed buildings; and

(2)

No vehicle shall be stored or parked outside when the business is closed unless either of the following apply:

a.

The vehicle is stored or parked in an area enclosed by a screen wall of a type and height as specified by the planning commission; or

b.

An outdoor storage permit has been obtained pursuant to section 52-307.

(3)

All provisions of sections 52-886 and 52-1011 shall be met.

(Ord. No. 2004-05, § 1(10B.4), 3-8-2004)

(a)

Any use seeking to store any item, including motor vehicles, boats, machine parts or other items outdoors when such storage is not a permitted use, shall only store those items after having obtained an outdoor storage permit from the city council.

(b)

The application for the outdoor storage permit shall indicate all of the following:

(1)

The items that will be stored on the site;

(2)

The reason for the outdoor storage;

(3)

The length of time the business desires the storage;

(4)

The number of items to be stored;

(5)

The proposed location of the storage, with a detailed drawing showing the actual dimensions of the storage space; and

(6)

The proposed manner of screening.

(c)

The city council, after considering the petition at a regularly scheduled council meeting, may approve, deny or condition the approval of the permit. The council may, at its option, schedule the petition as a public hearing do to the proposed location and proximity to residential property and require the cost of such hearing be paid by the petitioner. The fee for such shall be the same fee scheduled for other public hearings before the zoning board of appeals. An approved or conditioned permit for outdoor storage shall specify all of the following:

(1)

The name of the business and business owner;

(2)

The address of the location;

(3)

The items allowed to be stored;

(4)

Any conditions imposed by the council for the storage; and

(5)

Any termination date imposed by the council.

(d)

The outdoor storage permit shall automatically expire upon the happening of any of the following and notice of such shall be forwarded by the city clerk or building official to the business at the address contained in the petition:

(1)

The business is sold or transferred to a new owner or entity;

(2)

The business is closed for more than six months;

(3)

Any violation of the outdoor storage permit by the business; or

(4)

The permit expires by the terms of its issuance.

(e)

No outdoor storage permit shall be allowed for items or materials not customarily used or serviced by the type of business petitioning for the storage and all items stored shall be stored solely in conjunction with the business being conducted on the site. Motor vehicles for which there is no current work order shall be presumed not to be used or stored in conjunction with the business.

(Ord. No. 2004-05, § 1(10B.5), 3-8-2004)

Those sides of a lot or parcels that are adjacent to or near residential districts shall be screened as required by section 52-901.

(Ord. No. 2004-05, § 1(10B.6), 3-8-2004)

Off-street parking shall be provided as required in article IX of this chapter.

(Ord. No. 2004-05, § 1(10B.7), 3-8-2004)

Signage shall be allowed as provided in section 52-899.

(Ord. No. 2004-05, § 1(10B.8), 3-8-2004)

Landscaping shall be provided as required in the approved site plan.

(Ord. No. 2004-05, § 1(10B.9), 3-8-2004)

Dumpsters shall be placed and enclosed pursuant to division 2 of article II of chapter 38.

(Ord. No. 2004-05, § 1(10B.10), 3-8-2004)

The area, height, bulk, and placement requirements shall be in accordance with division 19 of this article, pertaining to the schedule of regulations.

(Ord. No. 2004-05, § 1(10B.11), 3-8-2004)

The general business district is intended to permit a wider range of business and entertainment activities. The permitted uses would serve not only nearby residential areas, but also people further away for types of businesses and services usually found in major shopping centers and along principal streets. These uses would generate larger volumes of vehicular traffic, would need more off-street parking and loading, and would require more planning to integrate such districts with adjacent residential areas.

(Ord. No. 2004-05, § 1(10C.1), 3-8-2004)

(a)

Retail classification. The following are permitted uses in the retail classification:

(1)

Carpet, rug, linoleum, or other floor covering stores provided all sales and services are performed indoors.

(2)

Clothing, tailoring or costume rental establishments.

(3)

Furniture stores of not more than 10,000 gross square feet.

(4)

Interior decorating establishments.

(5)

Musical instrument sales, rental and repair shops, with or without practice rooms.

(6)

Office or business machine stores, sales or rental.

(7)

Photographic developing or printing establishments, without wholesale plants, and studios.

(8)

Repair shops for computers, household appliances, small business machines, bicycle and small motorized lawn service equipment with no outdoor storage or service area.

(9)

Retail stores of not more than 10,000 gross square feet for the sale of art supplies, bicycles, collectibles, confections, delicatessen, drugs, flowers, groceries including liquor if other nonalcohol items are sold and are the majority of the products offered for sale, gifts, hardware, household appliances, notions, periodicals (excluding adult book stores where such products are more than ten percent of the merchandise offered for sale), small motorized lawn service equipment, stationery, sundry small household articles, tobacco, and other similar items.

(10)

Studios for music, dancing, or theatrical instruction.

(11)

Taxidermist shops.

(12)

Upholstering shops dealing directly with consumers and not servicing automotive or marine vehicles.

(13)

Venetian blind, window shade, or awning shops, custom shops, including repairs, limited to 2,500 square feet of floor area per establishment.

(14)

Video rental or sale, provided:

a.

There is no on-site viewing area; and

b.

Adult videos shall be no more than one percent of the inventory.

(b)

Food service. The following are permitted uses in the food service classification:

(1)

Catering establishments without on-site consumption.

(2)

Eating or drinking establishments, with entertainment, except those having the principal character of a drive-in facility wherein food is served to a customer in vehicle for on-site consumption.

(c)

Personal service. The following are permitted uses in the personal service classification:

(1)

Banking facilities, including drive-through servicing.

(2)

Barbershop.

(3)

Beauty shop.

(4)

Other uses similar to subsections (a) through (c) of this section and subject to the following regulations:

a.

All business establishments shall be retail or service establishments dealing directly with consumers. All goods provided on the premises shall be sold at retail on the premises where produced; and

b.

All business, servicing, or processing, except for off-street parking, loading, and those open air uses indicated as being permissible in the subsections of this section shall be conducted within completely enclosed buildings.

(d)

Professional service. Permitted uses in the professional service classification are nonmedical offices.

(e)

Medical. The following are permitted uses in the medical classification:

(1)

Dental offices and clinics.

(2)

Medical offices and clinics without emergency and overnight facilities.

(f)

Residential. Single-family and multiple-family dwellings subject to all of the following conditions:

(1)

Shall be constructed above a permitted business or other nonresidential use;

(2)

Shall have a separate entrance; and

(3)

Shall meet the density requirements for the R-2 zoning district.

(g)

Other.

(1)

Business schools and colleges, or private schools operated for a profit.

(2)

Equipment rental facilities without outdoor storage or display area.

(3)

Governmental office or other governmental use, including libraries.

(4)

Public utility offices, exchanges, transformer stations, pump stations, and service yards, but not including outdoor storage yards.

(5)

Monument sales establishments, with incidental processing to order, but not including the shaping of headstones, excluding outside display, preparation or storage yards.

(6)

Mortuary establishments, funeral homes or chapels.

(7)

Moving or storage offices, without storage and no outdoor storage of rental equipment or vehicles.

(8)

Office showroom of any service establishment of an electrician, decorator, dressmaker, tailor, shoemaker, baker, printer, upholsterer, or an establishment doing radio, television or home appliance repair, photographic reproduction, and similar establishments that require a retail adjunct and of no more objectionable character than the aforementioned subject to the following provision:

a.

No more than five persons shall be employed at any time in the fabrication, repair, and other processing of goods; and

b.

The repair area or workshop area does not exceed 20 percent of the building.

(9)

Off-street parking and loading facilities in accordance with article IX of this chapter.

(10)

Sign fabricating shops and printing establishments of not more 5,000 gross square feet and without painting facilities.

(11)

Veterinary facilities.

(12)

Wedding chapels of not more than 3,000 gross square feet.

(h)

Accessory uses. Accessory structures and uses, customarily incidental to the permitted uses in this section subject to the following restriction: garages to be used exclusively for the storage of vehicles, which are to be used in connection with a business or other permitted use located on the same parcel of property.

(Ord. No. 2004-05, § 1(10C.2), 3-8-2004)

The following uses shall be permitted after obtaining approval from the planning commission and the mayor and council as a special use under article VII of this chapter and upon compliance with the terms provided in this section:

(1)

Regulated uses.

a.

Automotive service centers, including facilities that provide and/or perform any service work on any automobile, motorcycle or truck, including, but not limited to, oil changes, tune ups, vehicle washing, tire sales and repair, exhaust systems, or collision service, subject to the regulations of section 52-348.

b.

Bowling alley.

c.

Catering establishments and banquet halls.

d.

Contractors' offices or display rooms, with or without outside storage yards.

e.

Drive-in establishment wherein the services are rendered to the patron while in their vehicle, provided that:

1.

The entrance or exit from any such use is located at least 50 feet from the intersection of any two streets; and

2.

All such uses shall have direct access to a major thoroughfare as defined in the city's master plan.

f.

Equipment rental with outdoor displays or storage, subject to an outdoor storage permit in section 52-349.

g.

Exterminators.

h.

Inns, motels and hotels.

i.

Medical office and clinic with limited emergency services and no overnight facilities.

j.

Medical or dental laboratories for research or testing, not involving any danger of fire or explosion, nor of offensive noise, vibration, smoke, odorous matter, heat, humidity, glare, or other objectionable effects.

k.

Outdoor storage or display areas, subject to an outdoor storage permit in section 52-349.

l.

Physical culture or health establishment, including athletic and fitness centers, gymnasiums, reducing salons, masseurs, or steam baths of not more than 10,000 gross square feet.

m.

Printing and sign fabricating shops of any size, with or without painting facilities.

n.

Private clubs with on-site consumption of food and/or liquor license.

o.

Radio and television studios.

p.

Theater, dance halls, assembly halls or similar places of assembly.

q.

Public utility buildings, telephone exchange buildings, electric transformer stations and substations and gas regulator stations when required to service the immediate area and shall not contain any outdoor storage and all outdoor activity and equipment areas shall be screened as required by and specified by the planning commission.

r.

Open air business uses, not including the seasonal sale of plants where the total display area does not exceed 200 square feet, subject to the following regulations:

1.

The minimum area of the site shall be:

(i)

10,000 square feet for motor vehicle sales of any type;

(ii)

6,000 square feet for the sale of nursery stock and landscaping materials.

2.

There shall be provided around all sides of the outdoor activity conducted on the site a screen wall as specified by the planning commission, in order to intercept windblown trash and other debris and to screen the stored materials from view from outside the property. Where the outdoor activity abuts any residentially zoned district, the minimum requirements for protective screening shall be as specified in section 52-901.

3.

Lighting shall be installed in a manner which will not create a driving hazard on abutting streets or which will not cause direct illumination on adjacent properties.

4.

All open air business uses shall comply with all city and county health regulations regarding sanitation and general health conditions.

(2)

Requirements.

a.

All parking requirements of article IX of this chapter, shall be provided and no special parking permit shall be allowed; and

b.

All outdoor activity and/or storage areas shall be screened by a decorative wall or fence of a type and height as specified by the planning commission.

(Ord. No. 2004-05, § 1(10C.3), 3-8-2004)

In addition to the other requirements of this chapter, all automotive service centers shall conform to the following regulations:

(1)

All repair or service activity, except the fueling of a vehicle, shall be conducted within completely enclosed buildings; and

(2)

No vehicle shall be stored or parked outside when the business is closed unless either of the following apply:

a.

The vehicle is stored or parked in an area enclosed by a screen wall of a type and height as specified by the planning commission; or

b.

An outdoor storage permit has been obtained pursuant to section 52-349.

(3)

All provisions of sections 52-886 and 52-1011 shall be met.

(Ord. No. 2004-05, § 1(10C.4), 3-8-2004)

(a)

Any use seeking to store any item, including motor vehicles, boats, machine parts or other items outdoors when such storage is not a permitted use, shall only store those items after having obtained an outdoor storage permit from the city council.

(b)

The application for the outdoor storage permit shall indicate all of the following:

(1)

The items that will be stored on the site;

(2)

The reason for the outdoor storage;

(3)

The length of time business desires the storage;

(4)

The number of items to be stored;

(5)

The proposed location of the storage, with a detailed drawing showing the actual dimensions of the storage space; and

(6)

The proposed manner of screening.

(c)

The city council, after considering the petition at a regularly scheduled council meeting, may approve, deny or condition the approval of the permit. The council may, at its option, schedule the petition as a public hearing due to the proposed location and proximity to residential property and require the cost of such hearing be paid by the petitioner. The fee for such shall be the same fee scheduled for other public hearings before the zoning board of appeals. An approved or conditioned permit for outdoor storage shall specify all of the following:

(1)

The name of the business and business owner;

(2)

The address of the location;

(3)

The items allowed to be stored;

(4)

Any conditions imposed by the council for the storage; and

(5)

Any termination date imposed by the council.

(d)

The outdoor storage permit shall automatically expire upon the happening of any of the following and notice of such shall be forwarded by the city clerk or building official to the business at the address contained in the petition:

(1)

The business is sold or transferred to a new owner or entity;

(2)

The business is closed for more than six months;

(3)

Any violation of the outdoor storage permit by the business; or

(4)

The permit expires by the terms of its issuance.

(e)

No outdoor storage permit shall be allowed for items or materials not customarily used or serviced by the type of business petitioning for the storage and all items stored shall be stored solely in conjunction with the business being conducted on the site. Motor vehicles for which there is no current work order shall be presumed not to be used or stored in conjunction with the business.

(Ord. No. 2004-05, § 1(10C.5), 3-8-2004)

Those sides of a lot or parcel that are adjacent to or near residential districts shall be screened as required by section 52-901.

(Ord. No. 2004-05, § 1(10C.6), 3-8-2004)

Off-street parking shall be provided as required in article IX of this chapter.

(Ord. No. 2004-05, § 1(10C.7), 3-8-2004)

Signage shall be allowed as provided in section 52-899.

(Ord. No. 2004-05, § 1(10C.8), 3-8-2004)

Landscaping shall be provided as required in the approved site plan.

(Ord. No. 2004-05, § 1(10C.9), 3-8-2004)

Dumpsters shall be placed and enclosed pursuant to division 2 of article II of chapter 38.

(Ord. No. 2004-05, § 1(10C.10), 3-8-2004)

The area, height, bulk, and placement requirements shall be in accordance with division 19 of this article, pertaining to the schedule of regulations.

(Ord. No. 2004-05, § 1(10C.11), 3-8-2004)

The C-5, central business district is intended to permit smaller, specialized retail and mixed uses which are primarily pedestrian orientated. This district is designed to allow a higher concentration of uses in a smaller area, promote shared vehicle parking and common areas and outdoor civic uses. Those uses which are consistent with this purpose and are complimentary and do not adversely effect pedestrian travel and nearby residential units.

(Ord. No. 2004-05, § 1(10D.1), 3-8-2004)

(a)

Retail classification. The following are permitted uses in the retail classification:

(1)

Antique shops without refurbishing facilities.

(2)

Art galleries.

(3)

Bake shops, subject to all of the following restrictions:

a.

At least 95 percent of all baked goods produced on the premises are sold on the premises at retail;

b.

The floor area used for bakery production shall be limited to 500 square feet per establishment; and

c.

No drive-through facilities.

(4)

Bookstores, excluding adult book stores.

(5)

General retail of not more than 15,000 gross square feet on the ground floor for the sale of art supplies, confections, delicatessen, drugs, flowers, furniture, groceries including liquor if other nonalcohol items are sold and are the majority of the products offered for sale, gifts, hardware, notions, periodicals, collectibles, stationery, sundry small household articles, tobacco.

(6)

Photographic studios and developing, and general printing establishments, without wholesale plants and servicing the general public.

(b)

Food service. The following are permitted uses in the food service classification:

(1)

Cafes and coffee houses, without drive-through facilities.

(2)

Eating or drinking places without drive-through facilities and excluding private clubs, catering halls and banquet halls when located on the ground floor.

(c)

Personal service. The following are permitted uses in the personal service classification:

(1)

Banks without drive-through service facilities.

(2)

Barbershops.

(3)

Beauty shops.

(d)

Professional service. Offices of not more than 2,000 gross square feet on the ground floor.

(e)

Medical. The following are permitted uses in the medical classification:

(1)

Dental offices of not more than 2,000 gross square feet on the ground floor.

(2)

Medical offices of not more than 2,000 gross square feet on the ground floor and no emergency and/or overnight facilities.

(f)

Residential. Single-family residential and multiple-family dwellings, subject to all of the following conditions:

(1)

Shall be constructed above a permitted business or other nonresidential use.

(2)

Shall have a separate entrance.

(3)

Shall meet the density requirements for the R-2 zoning district.

(g)

Other.

(1)

Governmental buildings, excluding garages and storage facilities.

(2)

Theater and movie houses, not including adult entertainment facilities.

(h)

Accessory uses. Accessory uses are not allowed.

(Ord. No. 2004-05, § 1(10D.2), 3-8-2004)

The following uses shall be permitted after obtaining approval from the planning commission and the mayor and council as a special use under article VII of this chapter and upon compliance with the terms provided in this section:

(1)

Uses.

a.

Automotive service centers, including facilities that provide and/or perform any service work on any automobile, motorcycle or truck, including, but not limited to, oil changes, tune-ups, vehicle washing, tire sales and repair, exhaust systems, or collision service, subject to section 52-387.

b.

Banks with drive-through facilities.

c.

Catering establishments and banquet halls with on-site consumption.

d.

Coffee shops with drive-through facilities.

e.

Eating establishments with drive-through facilities.

f.

Medical office and clinic with limited emergency services and no overnight facilities.

g.

Private clubs, with or without, on-site consumption of food and/or liquor license.

h.

Public utility buildings, telephone exchange buildings, electric transformer stations and substations and gas regulator stations when required to service the immediate area and shall not contain any outdoor storage and all outdoor activity and equipment areas shall be screened as required by and specified by the planning commission.

i.

Residential dwellings when located on the first floor or below.

(2)

Requirements.

a.

All parking requirements of article IX of this chapter, shall be provided and no special parking permit shall be allowed; and

b.

All outdoor activity areas shall be screened by a decorative wall or fence of a type and height as specified by the planning commission.

(Ord. No. 2004-05, § 1(10D.3), 3-8-2004)

In addition to the other requirements of this code, all automotive service centers shall conform to the following regulations:

(1)

All repair or service activity, except the fueling of a vehicle, shall be conducted within completely enclosed buildings; and

(2)

No vehicle shall be stored or parked outside when the business is closed.

(3)

All provisions of sections 52-886 and 52-1011 shall be met.

(Ord. No. 2004-05, § 1(10D.4), 3-8-2004)

A business may use the outdoor areas of the property, including the abutting public space, for outdoor seating and dining, subject to all of the following conditions:

(1)

The surface of the area used must be hard surfaced with concrete, pavers, bricks or other such materials as approved by the planning commission; and

(2)

If the front public space is used, a six-foot-wide clear pathway shall be maintained through the area for the public pedestrian traffic and the clear pathway area shall be no closer to any roadway than two feet.

(Ord. No. 2004-05, § 1(10D.5), 3-8-2004)

A business shall maintain a public entranceway open to the general public during its normal business hours:

(1)

On the side of its building that carries its street address, as assigned by the building department; or

(2)

On a side of the building with the entrance being within ten feet of the side of the building that carries its street address, as assigned by the building department.

(Ord. No. 2004-05, § 1(10D.6), 3-8-2004)

Those sides a lot or parcel that are adjacent to or near residential districts shall be screened as required by section 52-901.

(Ord. No. 2004-05, § 1(10D.7), 3-8-2004)

(a)

Off-street parking shall not be required for the following nonregulated use classifications:

(1)

Retail;

(2)

Personal service;

(3)

Professional service; and

(4)

Residential.

(b)

Off-street parking shall be provided, as required in article IX of this chapter, for all other listed uses, regulated uses and automotive service centers.

(Ord. No. 2004-05, § 1(10D.8), 3-8-2004)

Signage shall be allowed as provided in section 52-899.

(Ord. No. 2004-05, § 1(10D.9), 3-8-2004)

Landscaping shall be provided as required in the approved site plan.

(Ord. No. 2004-05, § 1(10D.10), 3-8-2004)

Dumpsters shall be placed and enclosed pursuant to division 2 of article II of chapter 38.

(Ord. No. 2004-05, § 1(10D.11), 3-8-2004)

The area, height, bulk, and placement requirements shall be in accordance with division 19 of this article, pertaining to the schedule of regulations.

(Ord. No. 2004-05, § 1(10D.12), 3-8-2004)

The RD, research and development district is designed to primarily accommodate office, scientific, business, technological research operations, related testing operations, and other related uses where office, technology and scientific research activities are mutually dependent or developmental in nature in a spacious, open type environment devoid of nuisance factors commonly present in nonresidential districts; and to permit uses which support and complement permitted principal uses enumerated in this district, or which are vital to such principal uses and required to be located close to them; and the result shall be development planned in a coordinated manner, according to an approved site plan. It is further the intent of this district to continue all activities within an enclosed building with no outdoor activities allowed.

(Ord. No. 2004-05, § 1(12.1), 3-8-2004)

All uses permitted in this district shall be conducted completely within a building in accordance with the standards of this article and limited to those listed on the approved site plan. No other uses shall be permitted.

(1)

Corporate headquarters offices, administrative, professional, and/or business offices of permitted principal uses, legal, engineering, surveying, accounting, architectural, and similar professional offices.

(2)

Data processing and computer centers, including incidental service and maintenance of electronic data processing equipment.

(3)

Educational and design facilities whose principal function is the research and development of new products and processes and technical training.

(4)

Medical and dental clinics, including emergency services, but not including overnight facilities.

(5)

Research, development, and testing facilities for technological, scientific and business establishments, including the development of prototype equipment, products or materials for experimental purposes which are not available for sale.

(6)

Technological, medical and dental clinics; medical, optical, pharmaceutical and dental laboratories.

(7)

Similar uses as determined by the planning commission.

(Ord. No. 2004-05, § 1(12.2), 3-8-2004)

The following uses shall be permitted after obtaining approval from the planning commission and the mayor and council as a special use under article VII of this chapter and upon compliance with the terms provided in this section:

(1)

Hospitals or extended stay medical facility.

(2)

Large warehouse style consumer retail stores.

(3)

Professional sports arena and practice facilities.

(4)

Public utility buildings, telephone exchange buildings, electric transformer stations and substations and gas regulator stations when required to service the immediate area and all outdoor activity and equipment areas shall be screened as required by and specified by the planning commission.

(Ord. No. 2004-05, § 1(12.3), 3-8-2004)

The following conditions shall apply to all uses within this district:

(1)

Only two exterior loading docks shall be allowed per site and shall be screened as required by the planning commission; and

(2)

Exterior storage shall only be conducted as approved by the planning commission and shall be centrally located and screened as required by the planning commission.

(Ord. No. 2004-05, § 1(12.4), 3-8-2004)

Accessory structures and uses, customarily incidental to the uses permitted in section 52-506 shall be allowed subject to the following restriction: garages to be used exclusively for the storage of vehicles, which are to be used in connection with a business or other permitted use located on the same parcel of property.

(Ord. No. 2004-05, § 1(12.5), 3-8-2004)

Those sides of a lot or parcel that are adjacent to or near residential districts shall be screened as required by section 52-901.

(Ord. No. 2004-05, § 1(12.6), 3-8-2004)

Off-street parking shall be provided as required in article IX of this chapter.

(Ord. No. 2004-05, § 1(12.7), 3-8-2004)

Signage shall be allowed as provided in section 52-899.

(Ord. No. 2004-05, § 1(12.8), 3-8-2004)

Landscaping shall be provided as required in the approved site plan.

(Ord. No. 2004-05, § 1(12.9), 3-8-2004)

Dumpsters shall be placed and enclosed pursuant to division 2 of article II of chapter 38.

(Ord. No. 2004-05, § 1(12.10), 3-8-2004)

The area, height, bulk, and placement requirements shall be in accordance with division 19 of this article, pertaining to the schedule of regulations.

(Ord. No. 2004-05, § 1(12.11), 3-8-2004)

The RO-1, restricted office district is intended to permit those office and restricted business uses which will provide opportunities for local employment close to residential areas, thus reducing travel to and from work; and which will provide clean, modern office buildings in landscaped settings; which will provide, adjacent to residential areas, appropriate districts for uses which do not generate large volumes of traffic, traffic congestion, and parking problems; and which will promote the most desirable use of land in accordance with the master plan.

(Ord. No. 2004-05, § 1(12A.1), 3-8-2004)

The following uses are permitted in the RO-1, restricted office district:

(1)

Accounting offices.

(2)

Administrative office support.

(3)

Architect, engineer or drafting.

(4)

Attorneys.

(5)

Financial management.

(6)

General office.

(7)

Medical or dental offices, without overnight or emergency room care.

(8)

Mortgage or banking offices without tellers.

(9)

Publishing, without printing.

(10)

Real estate.

(11)

Veterinary facilities.

(12)

Other similar uses.

(Ord. No. 2004-05, § 1(12A.2), 3-8-2004)

The following conditions shall apply to all uses within this district:

(1)

No product shall be sold or manufactured on the premises;

(2)

All services shall be conducted completely within an enclosed building;

(3)

There shall be no outdoor storage of any goods, inventory or equipment;

(4)

There shall be no indoor warehousing or storage of goods or materials beyond that normally incidental to the permitted use;

(5)

Any interior display shall not be visible from the exterior of the building;

(6)

The total internal area devoted to a display and the floor space set aside for person viewing the display shall not exceed 25 percent of the gross floor space;

(7)

All parking required by article IX of this chapter, shall be provided and no special parking permit shall be allowed; and

(8)

None of the required parking shall be provided in the front yard setback.

(Ord. No. 2004-05, § 1(12A.3), 3-8-2004)

Along any property line of an RO-1 district abutting a residentially zoned district, the area between the required setback and the property line shall be sodded, planted and shrubbed to form a permanent screen which shall be maintained at a height of not less than four feet or more than seven feet and provide materials specified in section 52-901.

(Ord. No. 2004-05, § 1(12A.4), 3-8-2004)

Off-street parking shall be provided as required in article IX of this chapter.

(Ord. No. 2004-05, § 1(12A.5), 3-8-2004)

Signage shall be allowed as provided in section 52-899.

(Ord. No. 2004-05, § 1(12A.6), 3-8-2004)

Landscaping shall be provided as required in the approved site plan.

(Ord. No. 2004-05, § 1(12A.7), 3-8-2004)

Dumpsters shall be placed and enclosed pursuant to division 2 of article II of chapter 38.

(Ord. No. 2004-05, § 1(12A.8), 3-8-2004)

The area, height, bulk, and placement requirements shall be in accordance with division 19 of this article, pertaining to the schedule of regulations.

(Ord. No. 2004-05, § 1(12A.9), 3-8-2004)

The SD, service district is designed to primarily group those business that offer services to consumers, travelers and industry that require larger areas for operations and can be mutually dependent and support and complement the principal uses enumerated in the district. It is further the intent of this district to serve regional traffic and provide ease of access into and out of the area from major arteries.

(Ord. No. 2004-05, § 1(12B.1), 3-8-2004)

The following uses are permitted in the SD, service district:

(1)

Automotive service centers, including facilities that provide and/or perform any service work on any automobile, motorcycle or truck, including, but not limited to, oil changes, tune-ups, vehicle washing, tire sales and repair, exhaust systems, or collision service.

(2)

Distribution plants.

(3)

Eating or drinking establishments.

(4)

Equipment and vehicle rental and leasing services with outdoor storage.

(5)

Garaging and equipment maintenance centers.

(6)

Hotels.

(7)

Motor freight terminals.

(8)

Packing and crating services.

(9)

Public utility buildings, telephone exchange buildings, electric transformer stations and substations and gas regulator stations when required to service the immediate area and shall not contain any outdoor storage and all outdoor activity and equipment areas shall be screened as required by and specified by the planning commission.

(10)

Warehousing and storage services.

(11)

Wholesale stores.

(Ord. No. 2004-05, § 1(12B.2), 3-8-2004)

Those sides of a lot or parcel that are adjacent to or near a residentially zoned district shall be screened as required by section 52-901.

(Ord. No. 2004-05, § 1(12B.3), 3-8-2004)

Off-street parking shall be provided as required in article IX of this chapter.

(Ord. No. 2004-05, § 1(12B.4), 3-8-2004)

Signage shall be allowed as provided in section 52-899.

(Ord. No. 2004-05, § 1(12B.5), 3-8-2004)

Landscaping shall be provided as required in the approved site plan.

(Ord. No. 2004-05, § 1(12B.6), 3-8-2004)

Dumpsters shall be placed and enclosed pursuant to division 2 of article II of chapter 38.

(Ord. No. 2004-05, § 1(12B.7), 3-8-2004)

The area, height, bulk, and placement requirements shall be in accordance with division 19 of this article, pertaining to the schedule of regulations.

(Ord. No. 2004-05, § 1(12B.8), 3-8-2004)

The GI, general industrial district in intended to provide a desirable industrial environment that consists of uses that are slightly more intense than the commercial districts. In order to protect the abutting residential neighborhood, uses are prohibited which would create excessive hazards, offensive and loud noises, vibration, smoke, glare, heavy traffic or late hours of operation. The intent of this district is also to encourage the concentration of small incidental industrial uses in an isolated service area to the mutual advantage of both the consumers and merchants and thereby promote the best use of land at certain strategic locations and avoid the uncontrolled expansion of industrial uses into other residential and business districts.

(Ord. No. 2004-05, § 1(13.1), 3-8-2004)

The following uses are permitted in the GI, general industrial district:

(1)

Automotive service centers, including facilities that provide and/or perform any service work on any automobile, motorcycle or truck, including, but not limited to, oil changes, tune-ups, vehicle washing, tire sales and repair, exhaust systems, or collision service, subject to the following requirements:

a.

All repair or service activity, except the fueling of a vehicle, shall be conducted within completely enclosed buildings; and

b.

No vehicle shall be stored or parked outside when the business is closed unless either of the following apply:

1.

The vehicle is stored or parked in an area enclosed by a screen wall of a type and height as specified by the planning commission; or

2.

An outdoor storage permit has been obtained pursuant to section 52-611.

c.

All provisions of sections 52-886 and 52-1011 shall be met.

(2)

Off-street parking facilities.

(3)

Public utility buildings, telephone exchange buildings, electric transformer stations and substations and gas regulator stations when required to service the immediate area and all outdoor activity and equipment areas shall be screened as required by and specified by the planning commission.

(4)

Single-family and multiple-family dwellings subject to all of the following conditions:

a.

Shall be constructed above a permitted business or other nonresidential use;

b.

Shall have a separate entrance; and

c.

Shall meet the density requirements for the R-2 zoning district.

(5)

Small parts and tool fabrication plants, machine shops, processing shops or plants and woodworking and cabinet shops of not more than 10,000 gross square feet per building and not more than 20,000 gross combined square feet for more than one building, subject to the following conditions:

a.

Employing not more than 25 employees;

b.

Noise shall not exceed 60 decibels as measured at the street or property line;

c.

There shall be no emission of odors, smoke or dust; and

d.

All activities shall be conducted indoors.

(6)

Small parts storage and warehousing of not more than 10,000 gross square feet, without loading docks and all activities conducted indoors.

(Ord. No. 2004-05, § 1(13.2), 3-8-2004)

(a)

Any use seeking to store any item, including motor vehicles, boats, machine parts or other items outdoors when such storage is not a permitted use, shall only store those items after having obtained an outdoor storage permit from the city council.

(b)

The application for the outdoor storage permit shall indicate all of the following:

(1)

The items that will be stored on the site;

(2)

The reason for the outdoor storage;

(3)

The length of time business desires the storage;

(4)

The number of items to be stored;

(5)

The proposed location of the storage, with a detailed drawing showing the actual dimensions of the storage space; and

(6)

The proposed manner of screening.

(c)

The city council, after considering the petition at a regularly scheduled council meeting, may approve, deny or condition the approval of the permit. The council may, at its option, schedule the petition as a public hearing do to the proposed location and proximity to residential property and require the cost of such hearing be paid by the petitioner. The fee for such shall be the same fee scheduled for other public hearings before the zoning board of appeals. An approved or conditioned permit for outdoor storage shall specify all of the following:

(1)

The name of the business and business owner;

(2)

The address of the location;

(3)

The items allowed to be stored;

(4)

Any conditions imposed by the council for the storage; and

(5)

Any termination date imposed by the council.

(d)

The outdoor storage permit shall automatically expire upon the happening of any of the following and notice of such shall be forwarded by the city clerk or building official to the business at the address contained in the petition:

(1)

The business is sold or transferred to a new owner or entity;

(2)

The business is closed for more than six months;

(3)

Any violation of the outdoor storage permit by the business; or

(4)

The permit expires by the terms of its issuance.

(e)

No outdoor storage permit shall be allowed for items or materials not customarily used or serviced by the type of business petitioning for the storage and all items stored shall be stored solely in conjunction with the business being conducted on the site. Motor vehicles for which there is no current work order shall be presumed not to be used or stored in conjunction with the business.

(Ord. No. 2004-05, § 1(13.3), 3-8-2004)

Those sides of a lot or parcel that are adjacent to or near a residentially zoned district shall be screened as required by section 52-901.

(Ord. No. 2004-05, § 1(13.4), 3-8-2004)

Off-street parking shall be provided as required in article IX of this chapter.

(Ord. No. 2004-05, § 1(13.5), 3-8-2004)

Signage shall be allowed as provided in section 52-899.

(Ord. No. 2004-05, § 1(13.6), 3-8-2004)

Landscaping shall be provided as required in the approved site plan.

(Ord. No. 2004-05, § 1(13.7), 3-8-2004)

Dumpsters shall be placed and enclosed pursuant to division 2 of article II of chapter 38.

(Ord. No. 2004-05, § 1(13.8), 3-8-2004)

The area, height, bulk, and placement requirements shall be in accordance with division 19 of this article, pertaining to the schedule of regulations.

(Ord. No. 2004-05, § 1(13.9), 3-8-2004)

The intent of the M-1, light industrial district is to permit certain industries which are of a light manufacturing character to locate in planned areas of the city. So that such uses may be integrated with land uses, such as commercial and residential areas, limitations are placed upon the degree of noise, smoke, glare, waste, and other features of industrial operations so as to avoid adverse effects. It is further intended that these light industrial uses act as a transition between heavier industrial uses and nonindustrial uses and not necessarily require railroad access or major utility facilities.

(Ord. No. 68-15, § 14.01, 10-22-1968)

The following uses are permitted in the M-1, light industrial district:

(1)

Bakeries.

(2)

Bottling or packaging of cleaning compounds, polishes, seeds, etc.

(3)

Carpenter and cabinet-making shops.

(4)

Cold storage plants.

(5)

Confection manufacturing.

(6)

Creameries.

(7)

Dental, surgical and optical goods manufacturing.

(8)

Dry cleaning and carpet cleaning.

(9)

Electric and gas service buildings.

(10)

Food products manufacturing.

(11)

Jewelry manufacturing.

(12)

Laboratories, research and testing.

(13)

Laundries.

(14)

Patternmaking shops.

(15)

Pharmaceutical products manufacturing.

(16)

Printing, engraving, and bookbinding shops.

(17)

Produce markets.

(18)

Soda water and soft drink bottling establishments.

(19)

Toiletries and cosmetic manufacturing.

(20)

Tool, die, gauge, and machine shops manufacturing small parts.

(21)

Warehouse, storage and transfer and electric and gas service buildings and yards and public utility buildings; telephone exchange buildings and substations; gas regulator stations; railroad transfer and storage tracks; heating and electric power generating plants, and all necessary uses; water and gas tanks and/or freight terminals, railroad rights-of-way.

(22)

Off-street parking and loading in accordance with the requirements of article IX of this chapter.

(23)

The following uses may be permitted by the city in accordance with the procedures and standards established by article VII of this chapter:

a.

Those uses permitted in the C-2, general business district but not including uses which may be included by reference to other zoning districts.

b.

Those uses permitted in the C-3, commercial district but not including uses which may be included by reference to other zoning districts.

c.

Those uses permitted in the RO-1, restricted office district but not including uses which may be included by reference to other zoning districts.

(Ord. No. 68-15, § 14.02, 10-22-1968; Ord. No. 89-3, § 1(II), 9-26-1989)

(a)

Automatic screw machines. Permitted only when operated with noise silencers, and when located not less than 300 feet from any zoned residential district.

(b)

Stamping machines, punch presses, and press brakes. Must be placed on shock absorbing mountings and on a suitable reinforced concrete footing. No machine shall be loaded beyond the capacity as prescribed by the manufacturer.

(1)

For punch and stamp presses, other than hydraulic presses, up to 20-ton capacity permitted when 200 feet from the nearest residential zone.

(2)

For hydraulic presses, up to 150 tons capacity permitted when 200 feet from nearest residential zone.

(3)

All press brakes must be located at least 300 feet from nearest residential zone.

(c)

Hot forgings, steam or board hammers. Hot forgings, steam or board hammers uses are not permitted.

(d)

Noise. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, or shrillness. Noise as measured at the street or property line may not exceed 60 decibels, and must comply with requirements of this Code.

(e)

Odor. The emission of obnoxious odors of any kind shall not be permitted.

(f)

Gases, smoke, dust, dirt, and fly ash. The emission of gases, smoke, dust, dirt, and fly ash shall in no manner be unclean, destructive, unhealthful, hazardous or deleterious to the general welfare. Such emission shall be in strict conformance with all applicable state and county health laws as pertaining to air pollution and smoke abatement.

(g)

Glare and heat. Glare and heat from arc welding, acetylene torch cutting or similar processes shall be performed behind solid walls or frosted glass not less than 15 feet high as measured from the ground level adjacent to the structure concerned.

(h)

Fire and safety hazards. The storage and handling of flammable liquids, liquefied petroleum gases, and explosives shall comply with all state rules and regulations, and as established by the fire prevention act, Public Act No. 207 of 1941 (MCL 29.1 et seq.). Further, all storage tanks of liquid materials above ground shall be located not less than 150 feet from all property lines, and shall be completely surrounded by earth embankments, dikes, or other type of retaining wall which will contain the total capacity of all tanks so enclosed. Bulk storage tanks of flammable liquids below ground shall be located not closer to the property line than the greatest depth to the bottom of the buried tank.

(i)

Sewage wastes. No industrial sewage wastes shall be discharged into sewers that will cause chemical reaction, either directly or indirectly, with the materials of construction, or to impair the strength or durability of sewer structures; cause restriction of the hydraulic capacity of sewer structures; cause placing of unusual demands on the sewage treatment equipment or process; cause limitation of the effectiveness of the sewer treatment process; cause danger to public health and safety; or cause obnoxious conditions inimical to the public interest. Specific conditions controlling sewage wastes are as follows:

(1)

Acidity or alkalinity must be neutralized to a pH of 7.0 as a daily average on a volumetric basis with a maximum temporary variation of pH 5.0 to 10.0.

(2)

Must not contain more than ten ppm of the following gases: hydrogen sulphide, sulphur dioxide, oxides or of nitrogen, or any of the halogens.

(3)

Must not contain any flammable substance with a flash point lower than 187 degrees Fahrenheit.

(4)

Must not contain any explosive substance.

(5)

Must have a temperature within the range of 32 to 150 degrees Fahrenheit.

(6)

Must not contain grease or oil or other substance that will solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit.

(7)

Must not contain insoluble substance in excess of 10,000 ppm, or exceeding a daily average of 500 ppm.

(8)

Must not contain total solids (soluble and insoluble substance) in excess of 20,000 ppm, or exceeding a daily average of 2,000 ppm.

(9)

Must not contain soluble substance in concentrations that would increase the viscosity to greater than 1.1 specific viscosity.

(10)

Must not contain insoluble substance having a specific gravity greater than 2.65.

(11)

Must not contain insoluble substance that will fail to pass a No. 8, standard sieve, or having any dimension greater than one-half inch.

(12)

Must not contain gases or vapors, either free or occluded, in concentrations toxic or dangerous to humans or animals.

(13)

Must not have a chlorine demand greater than 15 ppm.

(14)

Must not contain more than 100 ppm of any antiseptic substance.

(15)

Must not contain phenols in excess of 0.05 ppm.

(16)

Must not contain any toxic or irritating substance which will create conditions hazardous to public health and safety.

(17)

Must not contain in excess of 100 ppm or exceed a daily average of 25 ppm of any grease or oil or any oily substance.

All of the standards and regulations set forth in this section are to apply at the point where industrial or commercial type wastes are discharged into a public sewer, and all chemical and/or mechanical corrective treatment must be accomplished to practical completion before this point is reached.

(Ord. No. 68-15, § 14.03, 10-22-1968)

Those sides of a lot or parcel in an M-1 district which abut an R-1A, R-1B, R-2, RM and RMA district shall be provided with protective screening as specified in section 52-901.

(Ord. No. 68-15, § 14.04, 10-22-1968)

The area, height, bulk, and placement requirements shall be in accordance with division 19 of this article, pertaining to the schedule of regulations.

(Ord. No. 68-15, § 14.05, 10-22-1968)

The intent of the M-2, medium industrial district is to permit certain industrial uses to locate in desirable areas of the city, based upon the master plan, which uses are primarily of a manufacturing, assembling, and fabricating character, including large-scale or specialized industrial operations requiring good access by road and/or railroad, and needing special sites or public and utility services. Reasonable regulations apply to uses in this district, so as to permit the location of industries which will not cause adverse effects on residential and commercial areas in the city.

(Ord. No. 68-15, § 15.01, 10-22-1968)

The following uses are permitted in the M-2, medium industrial district:

(1)

All permitted uses in a M-1 district.

(2)

Automobile accessory manufacturing, not including tires.

(3)

Bump shops where primary use is such.

(4)

Cigar and cigarette manufacturing.

(5)

Electrical fixtures, batteries, and other electrical apparatus manufacturing.

(6)

Furniture and upholstering manufacturing.

(7)

Hardware and cutlery manufacturing.

(8)

Leather goods and luggage manufacturing.

(9)

Machine shops.

(10)

Mattress manufacturing.

(11)

Metal buffing, plating, and polishing.

(12)

Metal molding and extrusion.

(13)

Millwork, lumber and planing mills.

(14)

Painting and varnishing shops.

(15)

Manufacturing of paper and/or paper products.

(16)

Plastic molding and extrusion.

(17)

Railroad yards and terminals.

(18)

Rustproofing shops.

(19)

Tinsmith and sheet metal shops.

(20)

Wearing apparel manufacturing, including shoes, handbags, etc.

(21)

Welding shops.

(22)

Off-street parking and loading in accordance with the requirements of article IX of this chapter.

(Ord. No. 68-15, § 15.02, 10-22-1968)

Under such reasonable conditions as imposed by the city council, after public hearing and recommendation from the city planning commission and in harmony with the purposes of the M-2 district, the following uses may be permitted by the city council in accordance with procedures established by article VII of this chapter:

(1)

Automobile or other machinery assembly plants.

(2)

Body plants.

(3)

Brewing or distillation of malt beverages or liquors.

(4)

Canning factories.

(5)

Chemical plants.

(6)

Drive-in theaters.

(7)

Lumber or planing mills.

(8)

Metal stamping and pressing plants.

(9)

Open storage yards of building and construction contractors.

(10)

Junkyards.

(11)

Other types of heavy industry not listed in section 52-674.

(12)

Those uses permitted in the C-2, general business district but not including uses which may be included by reference to other zoning districts.

(13)

Those uses permitted in the C-3, commercial district but not including uses which may be included by reference to other zoning districts.

(14)

Those uses permitted in the RO-1, restricted office district but not including uses which may be included by reference to other zoning districts.

(Ord. No. 68-15, § 15.03, 10-22-1968; Ord. No. 89-3, § 1(III), 9-26-1989)

(a)

Automatic screw machines. Permitted only when operated with noise silencers, and when located not less than 300 feet from any zoned residential district.

(b)

Stamping machines, punch presses. Must be placed on shock absorbing mountings and on a suitable, reinforced concrete footing. No machine shall be loaded beyond the capacity as prescribed by the manufacturer.

(1)

For punch and stamp presses, other than hydraulic presses:

a.

Up to 50 tons capacity when located at least 250 feet from nearest residential zone.

b.

Up to 100 tons capacity when located at least 300 feet from nearest residential zone.

c.

Up to 150 tons capacity when located at least 500 feet from nearest residential zone.

(2)

For hydraulic presses:

a.

Up to 500 tons capacity when located at least 250 feet from the nearest residential zone.

b.

Up to 750 tons capacity when located at least 300 feet from nearest residential zone.

(c)

Hot forgings, steam or board hammers. Hot forgings, steam or board hammers uses are not permitted.

(d)

Noise. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, or shrillness. Noise as measured at the street or property line may not exceed 65 decibels, and must comply with requirements of this Code.

(e)

Odor. The emission of obnoxious odors of any kind shall not be permitted.

(f)

Gases, smoke, dust, dirt, and fly ash. The emission of gases, smoke, dust, dirt, and fly ash shall in no manner be unclean, destructive, unhealthful, hazardous or deleterious to the general welfare. Such emission shall be in strict conformity with all applicable state and county health laws as pertaining to air pollution and smoke abatement, and to this Code.

(g)

Glare and heat. Glare and heat from arc welding, acetylene torch cutting or similar processes shall be performed behind solid walls or frosted glass not less than 15 feet high, as measured from the ground level adjacent to the structure concerned.

(h)

Fire and safety hazards. The storage and handling of flammable liquids, liquefied petroleum gases and explosives, shall comply with all state rules and regulations and, as established by the Fire Prevention Act, Public Act No. 207 of 1941, as amended MCL 29.1 et seq. Further, all storage tanks of liquid materials above ground shall be located not less than 150 feet from all property lines, and shall be completely surrounded by earth embankments, dikes or other type of retaining wall which will contain the total capacity of all tanks so enclosed. Bulk storage tanks of flammable liquids below ground shall be located not closer to the property line than the greatest depth to the bottom of the buried tank.

(i)

Sewage waste. No industrial sewage waste shall be discharged into sewers that will cause chemical reaction, either directly or indirectly, with the materials of construction to impair the strength or durability of sewer structures; cause mechanical action that will destroy or damage the sewer structures; cause restriction of the hydraulic capacity of sewer structures; cause restriction of the normal inspection or maintenance of the sewer structures; cause placing of unusual demands on the sewage treatment equipment or process; cause limitation of the effectiveness of the sewage treatment process, cause danger to public health and safety; or cause obnoxious conditions inimical to the public interest. Specific conditions controlling sewage waste are as follows:

(1)

Acidity or alkalinity must be neutralized to a pH of 7.0 as a daily average on a volumetric basis with a maximum temporary variation of pH 5.0 to 10.0.

(2)

Must not contain more than ten ppm of the following gases: hydrogen sulphide, sulphur dioxide, oxides of nitrogen or any of the halogens.

(3)

Must not contain any explosive substance.

(4)

Must not contain any flammable substance with a flash point lower than 187 degrees Fahrenheit.

(5)

Must have a temperature within the range of 32 degrees and 150 degrees Fahrenheit.

(6)

Must not contain grease or oil or other substance that will solidify or become viscous at temperatures between 32 degrees and 150 degrees Fahrenheit.

(7)

Must not contain insoluble substance in excess of 10,000 ppm or exceeding a daily average of 500 ppm.

(8)

Must not contain total solids (soluble and insoluble substance) in excess of 20,000 ppm or exceeding a daily average of 2,000 ppm.

(9)

Must not contain soluble substance in concentrations that would increase the viscosity to greater than 1.1 specific viscosity.

(10)

Must not contain insoluble substance having a specific gravity greater than 2.65.

(11)

Must not contain insoluble substance that will fail to pass a No. 8, standard sieve, or having any dimension greater than one-half inch.

(12)

Must not contain gases or vapors either free or occluded, in concentrations toxic or dangerous to humans or animals.

(13)

Must not have a chlorine demand greater than 15 ppm.

(14)

Must not contain more than 100 ppm of any antiseptic substance.

(15)

Must not contain phenols in excess of 0.05 ppm.

(16)

Must not contain any toxic or irritating substance which will create conditions hazardous to public health and safety.

(17)

Must not contain in excess of 100 ppm or exceed a daily average of 25 ppm of any grease or oil or any oily substance.

All of the standards and regulations are to apply at the point where industrial or commercial type wastes are discharged into a public sewer, and all chemical and/or mechanical corrective treatment must be accomplished to practical completion before this point is reached.

(j)

Open storage. All storage of building materials, sand, gravel, stone, lumber, equipment, and other supplies shall be located within an area not closer than 50 feet from any street right-of-way line. The storage of lumber, coal or other combustible material shall not be less than 20 feet from any interior lot line, and a roadway shall be provided, graded, surfaced, and maintained from the street to the rear of the property to permit free access of fire trucks at any time. All such open storage shall be screened from all streets, and on all sides which abut any R-1A, R-1B, R-2, RM, RMA, C-1, C-2, C-3, or RO-1 district by a solid eight-foot masonry wall sufficient to serve as a permanent retaining wall. Junkyards, when permitted, shall be entirely enclosed on all sides by said eight-foot wall or fence, and junk or other scrap material shall be piled no higher than the height of the required wall or fence.

(Ord. No. 68-15, § 15.04, 10-22-1968)

Those sides of a lot or parcel in an M-2 district, which abut an R-1A, R-1B, R-2, or RM and RMA district, shall be provided with protective screening in accordance with section 52-901 in addition to those requirements as may be necessary as set forth in section 52-676(j), for open storage and junkyards.

(Ord. No. 68-15, § 15.05, 10-22-1968)

The area, height, bulk, and placement requirements shall be in accordance with division 19 of this article, pertaining to the schedule of regulations.

(Ord. No. 68-15, § 15.06, 10-22-1968)

The floodplain zoning district is intended to control the placement of buildings and structures and the use of land in areas subject to periodic inundation. These areas have been identified by Federal Emergency Management Agency as special flood hazard areas and are set forth in the flood insurance rate map dated May 6, 1996, which shall be the official map for determinations and regulations related to this division. In order to protect the public health, safety and welfare, development in these areas is regulated to reduce flood hazard potential.

(Ord. No. 82-1, § 1(15B.01), 2-9-1982; Ord. No. 96-9, § 1, 4-23-1996)

In the floodplain district, no buildings shall be erected or converted for any use, or under any condition other than the following:

(1)

Residential supportive uses such as lawns, gardens, parking areas or play areas.

(2)

Parks and playgrounds.

(3)

Parking lots, loading areas and storage areas for machinery and equipment easily moved or not subject to flood damage.

(4)

Structures designed and constructed to accommodate a 100-year flood which will occur in the area as shown on the flood insurance rate map or calculated from other available official data without material damage to the structure and without material obstruction of the floodplain to the detriment of other properties. Permissible construction hereunder shall include, among others, all structures in which the lowest floor area (including basement floors, manufactured home floors and attached garage floors, but excluding detached garages or storage buildings when constructed and designed in a floodproof manner) is above the documented base 100-year flood elevation. The building inspector of the city is authorized and directed to determine the acceptability of any proposed construction hereunder, subject to appeal to the zoning board of appeals by an aggrieved applicant, which board shall be governed in its decision by the criteria that the proposed construction complies with the spirit and intent of the purposes of the floodplain district, is not contrary to public health and safety, and would afford substantial justice to all parties involved, including the general public. Any such proposed structure shall also be subject to site plan review by the planning commission of the city.

(Ord. No. 82-1, § 2(15B.02), 2-9-1982; Ord. No. 96-9, § 1, 4-23-1996)

No building or structure shall exceed 35 feet in height.

(Ord. No. 82-1, § 3(15B.03), 2-9-1982)

All lot and area sizes, setbacks and off-street parking requirements shall apply as set forth in the ordinances for the particular zone use where the real estate is presently located.

(Ord. No. 82-1, § 4(15B.04), 2-9-1982)

The schedule of regulations by districts is as follows:

Numbers are given in feet, except where indicated otherwise.

The term "A" means acre.

Footnotes to schedule of regulations.

^a In cases where 25 percent or more of the frontage in any one block between two adjacent streets has been built upon, the minimum front yard shall be established by using the average depth of the front yards provided on the lots built upon.

;sup\sup; A permitted nonresidential use shall provide 25 feet on both sides of the building.

^c The required rear yard for any lot of record in an R-2 or RM district of less than 100 feet in depth may be reduced by the number of feet in difference between the depth of the lot and 100 feet.

^d Required lot area, lot width and other regulations for single-family residences in an R-2, RM and RMA district shall be the same as required for the single-family district abutting on said R-2, RM and RMA district at the nearest distance from the lot or lots in question.

^e For multiple dwellings designed in a planned unit development of more than one building on a given site, the minimum horizontal distance between buildings used for dwelling purposes shall be as follows: 1. Front to front, front to rear, or rear to rear: 30 feet for buildings one story in height, and 60 feet for buildings two stories in height. 2. End to end: 20 feet. 3. End to front or end to rear: 30 feet. 4. Exterior to outer courts shall have a dimension in any horizontal direction equal to the height of the building. 5. Rear yard shall not be less than 35 feet deep. 6. Side yards shall be increased by one foot for each ten feet or part thereof by which the length of the multiple dwelling exceeds 40 feet in overall dimension along the adjoining side lot line.

^f The minimum floor area per dwelling unit shall not include area of basements, porches, attached garages or utility rooms.

^g Corner lots in an R-1B district shall have a minimum width of 55 feet.

^h For R-2, RM and RMA districts, the following additional schedule shall apply for lot size:

⁽¹⁾ Base unit includes a kitchen, bathroom, living room and the specified number of bedrooms. The required lot area shall be increased by 300 square feet for each additional room beyond the base unit. A bathroom shall not be considered an additional room.

;sup\sup; Height may be increased by ten feet to provide a sloped or peaked roof. There shall be no use of this interior space except for heating, cooling and ventilation equipment.

^j For RM and RMA districts, the following additional schedule shall apply for the minimum ground floor area:

(Ord. No. 68-15, art. XVI, 10-22-1968; Ord. No. 2007-02, § 1, 6-12-2007)

The C-6A and C-6B, regional shopping districts are intended to permit retail business and service uses which are needed to serve and draw clientele from regional traffic. In order to protect the nearby residential neighborhoods and promote the business development so far as is possible and appropriate, uses are prohibited which would create hazards, offensive and loud noises, vibration, smoke and glare. The intent of this district is also to encourage the concentration of business in these locations that require greater accessibility thereby promoting the best use of land at certain strategic locations and avoid the further expansion of such business locations into the residential districts.

(Ord. No. 68-15, § 11.01, 10-22-1968; Ord. No. 2004-05, § 1(11.0), 3-8-2004)

The following are permitted uses in C-6A, Fairlane Green District:

(1)

Health clubs.

(2)

Hotels and/or motels, including extended stay or executive motels.

(3)

Multi-screen movie theaters.

(4)

Office uses.

(5)

Retail, entertainment/restaurant and commercial land uses typically found in a retail shopping center, including, but not limited to:

a.

Coffee shops.

b.

Department stores, including both conventional, junior department stores, and value oriented department stores.

c.

Open air business uses; excluding new and used automobile, boat and recreational show places, stores or lots.

d.

Pharmacies.

e.

Restaurants, both drive-through and sitdown and other establishments that sell food products for consumption on or off the premises or for takeout.

f.

Shops or stores for the sale of:

1.

Art and craft supplies.

2.

Books and/or music.

3.

Clothing and/ or footwear.

4.

Electronic merchandise, including goods using wireless technology.

5.

Home improvement.

6.

Household goods, such as furniture and accessories and/or household appliances.

7.

Office supplies.

8.

General soft goods not covered by any specific category of soft goods listed.

g.

Supermarkets, and/or specialty or gourmet food stores, or fruit and vegetable markets as a primary use or accessory to a value oriented department store.

(Ord. No. 68-15, § 11.02, 10-22-1968; Ord. No. 2004-05, § 1(11A.1), 3-8-2004)

All accessory structures and uses customarily incidental to the specially approved uses in section 52-437 shall be allowed, including, but not limited to:

(1)

Drive-through lanes for restaurants, banks, pharmacies and other businesses.

(2)

Open air garden centers when attached to a building and enclosed on all sides.

(3)

Outdoor display and sales areas in the parking lots and common areas of the development, including within any required setback area, so long as no permanent structures are constructed therein.

(4)

Outdoor seating areas which are accessory seating for a restaurant, food service, or other retail use, so long as:

a.

Such areas are adjacent or in close proximity to the principal use;

b.

The floor area devoted to such use does not exceed 50 percent of the useable floor area of the principal use; and

c.

The conduct of such use does not materially interfere with pedestrian circulation to or from adjacent uses or on sidewalks. Outdoor seating areas may be located within any required setbacks so long as no permanent structures are constructed therein.

(5)

Public utility buildings, telephone exchange buildings, electric transformer stations and substations and gas regulator stations when required to service the immediate area and shall not contain any outdoor storage and all outdoor activity and equipment areas shall be screened as required by and specified by the planning commission.

(6)

Service stations (which include, without limitation, the sale of gasoline), so long as ancillary to a principal use within the development.

(7)

Sidewalk display and sales areas on the sidewalks adjacent to a restaurant, food service or retail use, including within any required setback area, so long as no permanent structures are constructed therein.

(Ord. No. 2004-05, § 1(11A.2), 3-8-2004)

Permitted uses may operate 24 hours per day, seven days per week.

(Ord. No. 2004-05, § 1(11A.3), 3-8-2004)

Those sides of a lot or parcel that are adjacent to or near residential districts shall be screened as required by section 52-901.

(Ord. No. 68-15, § 11.04, 10-22-1968; Ord. No. 2004-05, § 1(11A.4), 3-8-2004)

Off-street parking shall be provided as required in article IX of this chapter.

(Ord. No. 2004-05, § 1(11A.5), 3-8-2004)

(a)

District signage.

(1)

Pylon signs.

a.

The total district, as defined upon the adoption of the ordinance from which this division is derived, shall have not more than four pylon signs identifying the development and containing occupant panels. Two pylon signs may be located along I-94, but no closer than 200 feet to Outer Drive, two signs along the Southfield Freeway Service Drive.

b.

The total display area on each pylon sign identifying the development and the occupant panels, shall be no larger than 300 square feet in size.

c.

The sign structure shall be no higher than 40 feet.

(2)

Monument signs.

a.

The total district, as defined upon the adoption of the ordinance from which this division is derived, shall have not more than two monument signs identifying the development and containing occupant panels along Outer Drive and two monument signs identifying the development and containing occupant panels along Oakwood Boulevard.

b.

The district shall be allowed four additional monument signs along Fairlane Drive, with two signs at or near internal drive entrances for the east side of Fairlane Drive and two signs at or near internal drive entrances for the west side.

c.

The total display area on each monument sign identifying the development and the occupant panels, shall be no larger than 130 square feet in size.

d.

The monument sign structure shall be no higher than 12 feet.

(3)

Illumination time period. District signage may be illuminated 24 hours a day.

(b)

Occupant signage.

(1)

Each occupant which owns or leases:

a.

Less than 15,000 gross square feet, shall be permitted signage, including secondary signage, of ten percent of the number of linear feet of frontage multiplied by the height of the building, but not to exceed 200 total square feet of signage for the entire building, including secondary signage, within which that occupant is located. Such signage shall only be placed upon those sides of the building that contain a patron or customer entrance for that occupant.

b.

Between 15,000 square feet and 50,000 gross square feet, shall be permitted 300 square feet of signage for the entire building, including secondary signage, within which that occupant is located. Such signage shall only be placed upon those sides of the building that contain a patron or customer entrance for that occupant.

c.

More than 50,000 gross square feet, shall be permitted 400 total square feet of signage for the entire building, including secondary signage, within which that occupant is located. Such signage shall only be place upon those sides of the building that contains a patron or customer entrance for that occupant.

(2)

In addition to the signage allowed in subsection (b)(1) of this section, each occupant shall be allowed one sign of not more than 12 square feet on any one side of the building that it occupies that does not contain a general public, customer entrance.

(3)

Occupant signage shall only be illuminated during the business hours of the occupant.

(c)

Restaurant outlot signage.

(1)

In addition to the signage allowed in subsection (b) of this section, each freestanding restaurant building shall each be allowed one low mount monument sign on its respective portion of the development. Each sign shall have only one two-sided occupant panel on each such sign identifying only the restaurant occupant on the lot.

(2)

The occupant panel shall be no larger than 40 square feet in size.

(3)

The monument sign structure shall be no higher than five feet.

(4)

Restaurant outlot signage shall only be illuminated during the business hours of the occupant.

(5)

Should a restaurant no longer occupy the outlot, the monument sign shall be removed upon the earlier of either the occupancy of the outlot by another type of tenant or within six months of the closing of the restaurant.

(d)

Directional signage. Customary and appropriate directional signage, without tenant identification, may be installed throughout the development.

(Ord. No. 2004-05, § 1(11A.6), 3-8-2004)

Landscaping shall be provided as required in the approved site plan.

(Ord. No. 2004-05, § 1(11A.7), 3-8-2004)

Dumpsters shall be placed and enclosed pursuant to division 2 of article II of chapter 38.

(Ord. No. 2004-05, § 1(11A.8), 3-8-2004)

The area, height, bulk, and placement requirements shall be in accordance with division 19 of this article, pertaining to the schedule of regulations.

(Ord. No. 68-15, § 11.05, 10-22-1968; Ord. No. 2004-05, § 1(11A.9), 3-8-2004)

The following uses are permitted in the C-6B, marketplace district:

(1)

Health clubs.

(2)

Multi-screen movie theaters, provided no other such facility is constructed or previously site planned by the city for this or any other developer within one-quarter mile of the proposed development site.

(3)

Retail, entertainment/restaurant, and commercial land uses typically found in a retail shopping center, including, but not limited to:

a.

Coffee shops.

b.

Department stores, including both conventional, junior department stores, and value oriented department stores.

c.

Open air business uses; excluding new and used automobile, boat and recreational show places, stores or lots.

d.

Pharmacies.

e.

Restaurants, both drive-through and sitdown, and other establishments that sell food products for consumption on or off the premises or for takeout.

f.

Shops or stores for the sale of:

1.

Art and craft supplies.

2.

Books and/or music.

3.

Clothing and/or footwear.

4.

Electronic merchandise, including goods using wireless technology.

5.

Home improvement center, which may include the retail sale of lumber and building supplies and material and an enclosed garden center.

6.

Household goods, such as furniture and accessories and/or household appliances.

7.

Office supplies.

8.

General soft goods not covered by any specific category of soft goods listed.

g.

Supermarkets, and/or specialty or gourmet food stores, or fruit and vegetable markets as a primary use or accessory to a value oriented department store.

(Ord. No. 2004-05, § 1(11B.1), 3-8-2004)

All accessory structures and uses customarily incidental to the above specially approved uses shall be allowed, including, but not limited to:

(1)

Drive-through lanes for restaurants, banks, pharmacies and other businesses.

(2)

Open air garden centers when attached to a building and enclosed on all sides by screening as required by and specified by the planning commission.

(3)

Outdoor seating areas which are accessory seating for a restaurant, food service, or other retail use, so long as:

a.

Such areas are adjacent or in close proximity to the principal use;

b.

The floor area devoted to such use does not exceed 50 percent of the useable floor area of the principal use; and

c.

The conduct of such use does not materially interfere with pedestrian circulation to or from adjacent uses or on sidewalks.

(4)

Public utility buildings, telephone exchange buildings, electric transformer stations and substations and gas regulator stations when required to service the immediate area and shall not contain any outdoor storage and all outdoor activity and equipment areas shall be screened as required by and specified by the planning commission.

(5)

Service stations (which include, without limitation, the sale of gasoline), so long as ancillary to a principal use within the development.

(6)

Temporary sidewalk display and sales areas on the private sidewalks immediately adjacent to a restaurant, food service or retail use, so long as no permanent structures are constructed therein and such is not displayed for more than one week in a calendar year.

(Ord. No. 2004-05, § 1(11B.2), 3-8-2004)

Permitted uses may operate 24 hours per day, seven days per week.

(Ord. No. 2004-05, § 1(11B.3), 3-8-2004)

Outdoor display of merchandise for sale and the outdoor storage of materials, supplies and products shall be prohibited, except as provided for in section 52-475.

(Ord. No. 2004-05, § 1(11B.4), 3-8-2004)

Those sides of a lot or parcel that are adjacent to or near residential districts shall be screened as required by section 52-901.

(Ord. No. 2004-05, § 1(11B.5), 3-8-2004)

Off-street parking shall be provided as required in article IX of this chapter.

(Ord. No. 2004-05, § 1(11B.6), 3-8-2004)

(a)

District signage.

(1)

The total district, as defined upon the adoption of this chapter, shall have one monument sign identifying the development contained within the district and containing occupant panels along Outer Drive and one monument sign identifying the development contained within the district and containing occupant panels along the Southfield Freeway service drive.

(2)

The sign identifying the district and occupants along Southfield Road shall be no larger than 120 total square feet in size and the sign structure shall be no taller than 20 feet.

(3)

The sign identifying the district and occupants along Outer Drive shall be no larger than 80 total square feet in size and the sign structure shall be no taller than 12 feet.

(4)

District signage may be illuminated 24 hours a day.

(b)

Occupant signage.

(1)

Each occupant which owns or leases:

a.

Less than 15,000 gross square feet, shall be permitted signage, including secondary signage, of ten percent of the number of linear feet of frontage multiplied by the height of the building, but not to exceed 200 total square feet of signage for the entire building, including secondary signage, within which that occupant is located. Such signage shall only be placed upon those sides of the building that contain a patron or customer entrance for that occupant.

b.

Between 15,000 square feet and 50,000 gross square feet, shall be permitted 300 square feet of signage for the entire building, including secondary signage, within which that occupant is located. Such signage shall only be placed upon those sides of the building that contain a patron or customer entrance for that occupant.

c.

More than 50,000 gross square feet, shall be permitted 400 total square feet of signage for the entire building, including secondary signage, within which that occupant is located. Such signage shall only be place upon those sides of the building that contains a patron or customer entrance for that occupant.

(2)

In addition to the signage allowed in subsection (b)(1) of this section, each occupant shall be allowed one sign of not more than 12 square feet on any one side of the building that it occupies that does not contain a general public, customer entrance.

(3)

Occupant signage shall only be illuminated during the business hours of the occupant.

(c)

Restaurant outlot signage.

(1)

In addition to the signage allowed in subsection (b) of this section, each freestanding restaurant building shall each be allowed one low mount monument sign on its respective portion of the development. Each sign shall have only one two-sided occupant panel on each such sign identifying only the restaurant occupant on the lot.

(2)

The occupant panel shall be no larger than 40 square feet in size.

(3)

The monument sign structure shall be no higher than five feet.

(4)

Restaurant outlot signage shall only be illuminated during the business hours of the occupant.

(5)

Should a restaurant no longer occupy the outlot, the monument sign shall be removed upon the earlier of either the occupancy of the outlot by another type of tenant or within six months of the closing of the restaurant.

(d)

Lowe's special signage.

(1)

In addition to the signage allowed in subsection (b) of this section, Lowe's, and successor occupants of the Lowe's structure if occupied by no more than one sole tenant, shall be allowed one low mount monument sign along the Southfield Freeway service drive on its portion of the development with just its name on the sign.

(2)

The sign may be double faced and shall have a sign panel not larger than 40 square feet.

(3)

The monument sign structure shall be no higher than five feet.

(4)

The monument sign may be illuminated 24 hours a day.

(e)

Directional signage. Customary and appropriate directional signage, without tenant identification, may be installed at each entrance to the development and throughout the development.

(Ord. No. 2004-05, § 1(11B.7), 3-8-2004)

Landscaping shall be provided as required in the approved site plan.

(Ord. No. 2004-05, § 1(11B.8), 3-8-2004)

Dumpsters shall be placed and enclosed pursuant to division 2 of article II of chapter 38.

(Ord. No. 2004-05, § 1(11B.9), 3-8-2004)

(a)

Setback. There shall be no minimum setback from the front lot line, side yard lot line and rear yard lot line of each and every parcel comprising the development; provided, however, all buildings shall be at least 40 feet from the Southfield Freeway and Outer Drive.

(b)

Height limitations. Retail buildings within the development shall be limited to a maximum height of 40 feet for one-story buildings and 50 feet for two-story buildings, not including parapet, mechanical and architectural features. For buildings with frontages of 200 linear feet or less the parapet, mechanical and/or architectural features may add an additional five feet in height for either a one-story or two-story building. Any building with a frontage of more than 200 linear feet may add an additional five feet in height for either a one-story or two-story building plus an additional five feet over no more than five percent of the building's linear front footage.

(c)

Lot size and coverage. There are no maximum or minimum requirements for lot coverage, floor area ratios, or minimum and maximum lot sizes.

(Ord. No. 2004-05, § 1(11B.10), 3-8-2004)

The intent of the M-3, heavy industrial district is to permit location in limited areas of the city of heavy industrial facilities of large-scale manufacturing, assembling, processing and fabricating character, which require extensive sites and specific rail and utility services. Land use in this district shall be in compliance with the master plan, with the intent that heavy industry not cause adverse effects on residential and commercial areas in the city.

(Ord. No. 68-15, § 15A.01, 10-22-1968)

The following uses are permitted in the M-3, heavy industrial district:

(1)

All uses permitted in M-1 and M-2 districts, including uses permitted in such districts after special approval.

(2)

Automobile, aircraft and other machinery plants, including all enameling, painting and welding operations which comprise a part thereof.

(3)

Automotive parts plants.

(4)

Electroplating.

(5)

Galvanizing.

(6)

Miscellaneous manufacturing and assembly operations, including calculators, typewriters, computers, major consumer appliances and electronics products.

(7)

Miscellaneous metal products manufacturing.

(8)

Machining and assembly plants, including manufacture of engines, transmissions, etc.

(9)

Metal stamping and casting plants.

(10)

Open storage yards for manufactured products and raw materials, including coal, ore and stone.

(11)

Plastics products manufacturing and processing.

(12)

Warehousing.

(Ord. No. 68-15, § 15A.02, 10-22-1968)

Certain other uses may be permitted by the city council after public hearing and recommendation by the city planning commission. Such uses shall be subject to the specific terms and conditions of the approving resolution, shall be in harmony with the purposes of the M-3 district, and shall not be in any way injurious to the health, safety, welfare and property of persons in the vicinity of such use.

(Ord. No. 68-15, § 15A.03, 10-22-1968)

(a)

Automatic screw machines. Permitted only when operated with noise silencers, and when located not less than 300 feet from any zoned residential district.

(b)

Stamping machines, punch presses. Stamping machines and punch presses must be placed on shock absorbing mountings on a suitable, reinforced concrete footing. No machine shall be loaded beyond the capacity prescribed by the manufacturer. Displacement at the property line shall not exceed 0.003 inch.

(c)

Noise. Noise emanating from the plant shall be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness. Noise as measured at the street or property line may not exceed 80 decibels, and must comply with requirements of this Code.

(d)

Odor. The emission of odors having an obnoxious effect outside the property lines shall be prohibited.

(e)

Gases, smoke, dust, dirt and fly ash. Such emissions shall be in strict conformity with all applicable state and county laws pertaining to air pollution and to this Code.

(f)

Glare and heat. Glare and heat from arc welding, acetylene torch cutting or similar processes shall be performed behind solid walls or frosted glass not less than 15 feet high, as measured from the ground level adjacent to the structure concerned.

(g)

Fire and safety hazards. The storage and handling of flammable liquids, liquefied petroleum gases and explosives shall comply with all state rules and regulations, and as established by the fire protection act, Public Act No. 207 of 1941 (MCL 29.1 et seq.). Further, all storage tanks of hazardous liquid materials above ground shall be located not less than 150 feet from all property lines, and shall be completely surrounded by earth embankments, dikes or other type of retaining wall which will contain the total capacity of all tanks so enclosed, when such dikes are required under state law. Bulk storage tanks of flammable liquids below ground shall be located not closer to the property line than the greatest depth to the bottom of the buried tank.

(h)

Sewage waste. No industrial sewage waste shall be discharged into sewers that will cause overloading or chemical reaction, either directly or indirectly, with the materials of construction to impair the strength or durability of sewer structures; cause mechanical action that will destroy or damage the sewer structures; cause restriction of the hydraulic capacity of sewer structures; cause restriction of the normal inspection or maintenance of the sewer structures, cause placing of unusual demands on the sewage treatment equipment or process; cause limitation of the effectiveness of the sewage treatment process, cause danger to public health and safety; an overloading of the sewage system; or cause obnoxious conditions inimical to the public interest. Specific conditions controlling sewage waste in the city shall be as outlined by the City of Detroit ordinance, entitled, Standards and Regulations Controlling Discharge of Industrial or Commercial Type Wastes Into the Detroit Sewer System and must also meet all current requirements of the county health department, state health department, and state department of environmental quality. Such conditions shall automatically be altered or amended to conform to any revisions which may, from time to time, be made in the Detroit ordinance. Specific conditions of the City of Detroit ordinance presently in effect, dated November 20, 1961, are as follows:

(1)

Acidity or alkalinity must be neutralized to a pH of 7.0 as a daily average on a volumetric basis with a maximum temporary variation of pH 5.0 to 10.0.

(2)

Must not contain more than ten ppm of the following gases: hydrogen sulphide, sulphur dioxide, oxides of nitrogen or any of the halogens.

(3)

Must not contain any explosive substance.

(4)

Must not contain any flammable substance with a flash point lower than 187 degrees Fahrenheit.

(5)

Must have a temperature within the range of 32 degrees and 150 degrees Fahrenheit.

(6)

Must not contain grease or oil or other substance that will solidify or become viscous at temperatures between 32 degrees and 150 degrees Fahrenheit.

(7)

Must not contain insoluble substance in excess of 10,000 ppm or exceeding a daily average of 500 ppm.

(8)

Must not contain total solids (soluble and insoluble substance) in excess of 20,000 ppm or exceeding a daily average of 2,000 ppm.

(9)

Must not contain soluble substance in concentrations that would increase the viscosity to greater than 1.1 specific viscosity.

(10)

Must not contain insoluble substance having a specific gravity greater than 2.65.

(11)

Must not contain insoluble substance that will fail to pass No. 8, standard sieve, or having any dimension greater than one-half inch.

(12)

Must not contain gases or vapors either free or occluded, in concentrations toxic or dangerous to humans or animals.

(13)

Must not have a chlorine demand greater than 15 ppm.

(14)

Must not contain more than 100 ppm.

(15)

Must not contain phenols in excess of 0.05 ppm.

(16)

Must not contain any toxic or irritating substance which will create conditions hazardous to public health and safety.

(17)

Must not contain in excess of 100 ppm or exceed a daily average of 25 ppm of any grease or oil or any oily substance.

All of the standards and regulations set forth in this section are to apply at the point where industrial or chemical type wastes are discharged into a public sewer, and all chemical and/or mechanical corrective treatment must be accomplished to practical completion before this point is reached.

(i)

Open storage. All open storage shall be located within an area not closer than 300 feet from any street right-of-way line. The storage of lumber, coal or other combustible material shall not be less than 20 feet from any interior lot line. All portions of a site utilized for open storage shall be accessible from a public street by fire trucks at all times. All such open storage shall be screened from all streets and on all sides by a solid masonry material as required by the planning commission. No material shall be piled any higher than a height of 30 feet or a height equal to ten percent of the distance from the street right-of-way line whichever is greater.

(Ord. No. 68-15, § 15A.04, 10-22-1968)

The area, height, bulk, and placement requirements shall be in accordance with division 19 of this article, pertaining to the schedule of regulations.

(Ord. No. 68-15, § 15A.05, 10-22-1968)

The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Hazardous waste means any material defined by the Michigan Department of Environmental Quality, state statutes, and federal laws and regulations, including those of the Environmental Protection Agency and the federal and state Departments of Transportation.

Waste disposal manifest means any document which complies with the manifest system for transporting hazardous wastes as developed by the state.

(Ord. No. 82-15, § 3(15A.07), 10-14-1982)

If the planned use of the M-3 district is for a nonhazardous or hazardous waste disposal site or landfill, then the regulations in this subdivision shall apply to said use.

(Ord. No. 82-15, § 2(15A.06), 10-14-1982)

The minimum size for the site or disposal area shall be 25 acres, including any required greenbelt areas.

(Ord. No. 82-15, § 4(15A.08), 10-14-1982)

(a)

The hours of operation for the site, including, but not limited to, dumping, excavating and regrading, shall be 7:00 a.m. to 7:00 p.m., unless special permission is granted by the city council, upon the recommendation of the city environmental commission and the city planning commission.

(b)

A waste disposal manifest or a copy thereof shall be kept at the site for each load or cargo containing hazardous wastes that are to be deposited, or stored in or on the waste disposal site. Said manifest or copy thereof shall be open for verification by the city police and the city inspectors.

(c)

As disposal is completed, the site area shall be restored, as near as possible, to its prior condition. This includes the replacement of topsoil and a suitable ground cover, as approved by the city environmental commission, the city planning commission, and the city council, to control soil erosion.

(d)

Any change in the natural contour of the land, both during disposal and closure, shall be maintained in a condition that is safe for persons on the site premises.

(Ord. No. 82-15, § 5(15A.09), 10-14-1982)

(a)

Dust and fly ash shall in no manner be destructive, unhealthful, hazardous or deleterious to the general welfare. Such emissions shall be kept to a minimum, and waste or runoff water from the disposal site shall not be used for control of such emissions.

(b)

All surface water at the disposal site shall be controlled by the use of holding ponds. The water collected in these ponds shall be transported from the site by truck or, if approved by the authority in control of the local sewage system and the city council, may be metered and discharged into the sewer system. Water discharged into the sewer system shall be considered as sewage waste.

(Ord. No. 82-15, § 6(15A.10), 10-14-1982)

There shall be no burning of debris, waste or other material on the disposal site. This section shall not prohibit the installation of incinerators at the site which have met all federal, state and local rules and regulations and which have been approved by the city environmental commission, the city planning commission and the city council.

(Ord. No. 82-15, § 7(15A.11), 10-14-1982)

(a)

Each vehicle transporting a hazardous waste shall maintain a waste disposal manifest. This manifest or copy of it shall be kept on or in the vehicle while said vehicle is transporting a hazardous waste either to or from the disposal site.

(b)

Vehicles transporting a hazardous waste shall use only Southfield Road (M-39), Pelham Road, Oakwood Road, the Ford Freeway (I-94) and I-75. Vehicles transporting nonhazardous waste shall use the most direct route to their destinations, but may not use residential streets. This shall not preclude the collection of domestic debris and refuse from residential streets.

(c)

Any spillage, dropping, sifting or leaking of the contents of the vehicle and/or any debris dropping or falling from the vehicle itself shall be removed and cleaned up at the expense of the person, firm or company responsible for transporting the waste material.

(Ord. No. 82-15, § 8(15A.12), 10-14-1982)

In order to provide adequate protective screening for adjacent and nearby properties, the following regulations shall apply:

(1)

A landscaped greenbelt, not less than 100 feet in depth, enclosing the entire perimeter of the site shall be provided and maintained by the users. Such greenbelt shall be planted with deciduous trees, evergreens, flowering trees and/or ornamental trees set not closer than six feet to any fence or wall. Other landscaping materials would include flowering shrubs such as spirea, forsythia, yellow and red twig crocuses, Euonymous alatus and Althaea rosea of a height of not less than four feet. The remainder of the landscaped area which is not planted with the aforementioned stock shall be in well-kept lawns. All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance. All planting and zoning plans shall be first submitted to the city planning commission, the city environmental commission, and the city council for approval as to the suitability of planting materials and arrangements thereof in accordance with the provisions of the preceding sections and provisions of this chapter.

(2)

A chainlink fence, at least eight feet in height, with at least three strands of barbed wire above the fence, shall enclose the entire perimeter of the site. Said fence shall include at least one gate of similar chainlink design capable of being securely closed and locked during hours of nonoperation at the site.

(3)

Where the site is adjacent to an R-1A or R-1B district, a suitable noise barrier may be required. The city planning commission, the city environmental commission and the city council shall determine whether or not said barrier is necessary and the type of barrier required. Construction and maintenance of said barrier, if required, shall be the responsibility of the person, firm or company operating and/or owner of the site premises.

(4)

Warning signs shall be posted and/or displayed on the site premises. The type, wording and location and/or placement of these signs shall be determined by the city environmental commission, the city planning commission and the city council.

(Ord. No. 82-15, § 9(15A.13), 10-14-1982)

Any federal, state or county regulation or statute which is more stringent than the sections in this subdivision shall apply in place of or in addition to the sections in this subdivision.

(Ord. No. 82-15, § 10(15A.14), 10-14-1982)

The city hereby elects to administer and enforce the sections in this subdivision and designates the inspectors of the city, the city police department and the city fire department with such responsibility.

(Ord. No. 82-15, § 11(15A.15), 10-14-1982)