Each use listed in this article, whether permitted by right or subject to approval as a special land use, shall be subject to the site and use standards specified, in addition to applicable standards and requirements for the district where the use is located. These standards are intended to:

(1)

Alleviate any adverse impacts of a use that is of an area, intensity or type unique or atypical for the district in which the use is allowed.

(2)

Mitigate the impact of a use that possesses characteristics unique or atypical for the district in which the use is allowed.

(3)

Ensure that such uses will be compatible with surrounding land uses.

(4)

Promote the orderly development of the district and the city as a whole.

Conformance with these standards shall be subject to site plan review. Unless otherwise specified, each use listed in this article shall be subject to all applicable yard, bulk and other standards for the district in which the use is located.

(Ord. No. H-07-01, § 6.001, 7-24-07)

For the purposes of clarity and ease of use, the provisions of this article have been organized into the following divisions:

(1)

Division 1—Residential uses

(2)

Division 2—Commercial uses

(3)

Division 3—Automobile-oriented uses

(4)

Division 4—Industrial uses

(5)

Division 5—Institutional and recreation uses

(6)

Division 6—Other uses

(Ord. No. H-07-01, § 6.001, 7-24-07)

(a)

Intent.

(1)

It is the intent of this section to permit accessory dwellings within principal single-family dwellings in residential zoning districts to provide a variety of housing options in the city and accommodate the desire of some senior citizens, family groups, and other persons with special needs for private housing close to relatives or caregivers.

(2)

It is further the intent of this section to permit accessory dwellings in commercial and office districts to provide additional housing options in the city and advance principles of mixed-use development in appropriate areas.

(3)

In all districts, the standards of the section are intended to preserve the predominant character of each zoning district.

(b)

General standards. The standards of this section are designed to prevent the undesirable proliferation of multiple-family buildings in predominantly single-family areas of the city, to preserve the single-family character and appearance of principal dwellings that may include an accessory dwelling, and to ensure that accessory dwellings in commercial and office areas are compatible with the primary commercial or office use of the building. Construction and alteration of an accessory dwelling shall be subject to the following standards:

(1)

Permit approval. In addition to any special approval and building permit requirements, the creation or alteration of an accessory dwelling unit shall be subject to review and approval of a zoning compliance certificate per section 36-4, Zoning compliance certificate.

(2)

Plans. The planning commission or building official shall require the submittal of floor plans, building elevation drawings, and a plot plan of the lot to verify conformance with the standards of this chapter.

(3)

Restrictions. An accessory dwelling shall not be added to any residential structure housing two (2) or more families.

(c)

Dwellings units accessory to detached single-family dwellings. The following shall apply to dwelling units accessory to detached single-family dwellings in the R1, single-family residential and RM, multiple dwelling residential districts:

(1)

A maximum of one (1) accessory dwelling shall be permitted on a residential parcel.

(2)

All accessory dwellings shall be located entirely within the principal residential structure on the parcel. Accessory dwellings shall be prohibited in any detached accessory structures.

(3)

Accessory dwelling units shall have a minimum gross floor area of three hundred fifty (350) square feet, and shall not occupy more than thirty (30) percent of the principal building's gross floor area.

(4)

The principal building on the parcel shall be the primary and permanent legal residence of the owner(s) of the property. A permitted accessory dwelling shall be clearly secondary to the use of the building as a single-family residence.

(5)

The design of the accessory dwelling shall not detract from the character and appearance of the principal building in which it is located or of the surrounding neighborhood. Access to an accessory dwelling in a residential district shall be limited to a front entrance common with the principal building or a separate entrance door on the side or rear of the principal building. When viewed from the adjacent street right-of-way, it shall appear that only one (1) household occupies the site.

(6)

In addition to required parking for the principal residence, one (1) additional off-street parking space shall be provided for the accessory dwelling. Parking for the accessory dwelling shall not be permitted in the front yard.

(d)

Dwelling units accessory to commercial or office uses. The following shall apply to dwelling units accessory to permitted uses in the C1, neighborhood business, C2, general business, CX, commercial-residential mixed use district, and O, office districts:

(1)

Accessory dwelling units shall be located within the principal building on the parcel and shall not be located on the ground floor or street level of the building. Private entrances, mailbox clusters, garages, and similar service areas for the accessory dwellings may be located on the ground floor or street level of the building.

(2)

Each accessory dwelling unit shall have separate kitchen, bath, and toilet facilities and a private entrance. Where there is more than one (1) accessory dwelling unit in a building, such entrances may be provided from a common hallway.

(3)

Accessory dwelling units shall have a minimum gross floor area as provided in subsection 36-109(h).

(4)

In addition to required parking for the principal use on the parcel, one (1) additional off-street parking space shall be provided for each accessory dwelling. Parking for an accessory dwelling shall not be permitted in the front yard.

(Ord. No. H-07-01, § 6.101, 7-24-07)

(a)

Accessory use. The bed and breakfast inn operations shall be clearly incidental to the principal residence on the parcel. Accordingly, the bed and breakfast inn operations shall be confined to the single-family dwelling unit which is the principal dwelling on the site. Not more than twenty-five (25) percent of the total floor area of the dwelling unit shall be used for sleeping rooms connected with the bed and breakfast inn.

(b)

Principal residence. The single-family dwelling unit on the parcel shall be the principal residence of the operator, and the operator shall live in the dwelling unit when the bed and breakfast inn is in operation.

(c)

Number of units. No more than two (2) bed and breakfast sleeping rooms shall be established in a single dwelling unit.

(d)

Kitchen facilities. There shall be no separate cooking facilities for the bed and breakfast inn, other than those that serve the principal residence. Food may be served only to those persons who rent a room in the bed and breakfast inn.

(e)

Length of stay. Guests shall be restricted to overnight or weekly stays, and may stay no longer than sixty (60) days in any one (1) calendar year.

(f)

Screening. Screening shall be provided between adjacent residences and any parking or outdoor eating area, in compliance with subsection 36-392(e), Screening.

(g)

Appearance. The exterior of the principal residence shall remain unchanged. The use of exterior stairways to provide primary access to upper floor sleeping rooms shall be prohibited.

(h)

Additional signs prohibited. Signage for the bed and breakfast inn shall be limited to signs permitted for residential uses, as described in chapter 26, Signs.

(i)

Parking. Adequate off-street parking shall be provided in accordance with article IX, Parking, Loading, and Access Management. Parking for the bed and breakfast inn shall not be permitted in the front yard.

(j)

Building requirements. A building used for bed and breakfast inn operations shall comply with the following minimum requirements:

(1)

There shall be at least two (2) exits to the outdoors.

(2)

Rooms used for sleeping shall have a minimum size of one hundred (100) square feet for two (2) occupants, plus an additional thirty (30) square feet for each additional occupant. Rooms shall be designed to accommodate no more than four (4) occupants.

(3)

Each sleeping room shall be equipped with an individual, working smoke detector.

(k)

Approval. Bed and breakfast inns shall be subject to site plan approval per article XIV, division 2, Site plan review. The site plan application shall include floor plans with the following additional information:

(1)

Dimensions and floor areas of all rooms and areas to be used by guests (sleeping rooms, bathrooms, dining areas, etc.).

(2)

Locations of required exits, emergency exit routes, tornado protection locations, and other emergency facilities and equipment, which shall be subject to review by the fire chief or designee.

(Ord. No. H-07-01, § 6.102, 7-24-07)

(a)

General standards. Any home occupation shall be subject to the following:

(1)

Intensity of use. Home occupations must be clearly incidental and secondary to the use of the dwelling as a residence. No more than fifteen (15) percent of the habitable floor area of each floor of the residence may be used for the home occupation. Habitable floor area of the residence does not include unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches. Home occupations may not utilize detached accessory buildings, except for incidental storage.

(2)

Customer or client visits. A home occupation shall not generate more than ten (10) customer or client visits per day and more than thirty (30) customer or client visits per week. No more than two (2) customers or clients may be present at any given time.

(3)

Parking and deliveries. Traffic generated by a home occupation shall not be greater in volume than that normally generated by a typical residence in the neighborhood. Delivery vehicles used to deliver goods to a home occupation are limited to automobiles and passenger vehicles, mail carriers, and express package carriers.

(4)

Hours of operation. Customer or client visits, and deliveries associated with the home occupation, shall be prohibited between the hours of 8:00 p.m. and 8:00 a.m.

(5)

Additional signs prohibited. Signage for the home occupation shall be limited to signs permitted for residential uses, as described in chapter 26, Signs.

(b)

Uses permitted accessory to residential use. The following uses shall be permitted as home occupations, subject to all other provisions of this section:

(1)

Home offices for such professionals as architects, doctors, brokers, engineers, insurance agents, lawyers, realtors, accountants, writers, salespersons and similar occupations.

(2)

Workshops for tailors, dressmakers, milliners, and craft persons; including weaving, lapidary, jewelry making, cabinetry, and woodworking.

(3)

Personal services, including barbershops, beauty parlors, manicure and pedicure shops, grooming, catering, and chauffeuring services.

(4)

Repair services for watches and clocks, small appliances, bicycles, computers, electronic devices, and similar small devices.

(5)

Tutoring, and studios for artists, sculptors, musicians, and photographers.

(6)

Home occupations not specifically listed in this subsection may be permitted as a special use, subject to all provisions of this section and article XIV, division 3, Special approval uses.

(c)

Prohibited uses. The following uses are expressly prohibited as a home occupation:

(1)

Adult regulated uses, as defined in this chapter.

(2)

Automobile-oriented uses, as defined in this chapter.

(3)

Kennels, animal shelters, and veterinary clinics.

(4)

Medical or dental clinics.

(5)

Mortuaries and funeral homes.

(6)

Restaurants, in general.

(7)

Retail sales of merchandise, other than as an incidental use to the primary permitted home occupation.

(8)

Uses similar to those listed in this subsection, or any use which would, in the determination of the city, result in a public nuisance.

(d)

Other prohibited activities. Home occupations shall not include:

(1)

Outdoor display or storage of materials, goods, supplies, or equipment used in the home occupation. No interior display shall be visible from the exterior of a home used for a home occupation.

(2)

Machinery, equipment, or facilities not commonly incidental or accessory to a residential dwelling.

(3)

Changes or alterations to the character or appearance of the residence, or other visible evidence of the conduct of such home occupation.

(4)

Parking of vehicles on the site or within the street right-of-way in excess of the amount customarily incidental to a single-family dwelling.

(e)

Violations. Failure to maintain a lawfully established home occupation in compliance with the standards of this section or any conditions of approval shall be a violation of this chapter. Failure by the operator to allow a zoning inspection or provide reasonable information to the city to verify compliance with this section shall be a violation of this chapter.

(Ord. No. H-07-01, § 6.103, 7-24-07)

(a)

Design. Each rental unit in a hotel or motel shall contain at least a bedroom and bathroom. The minimum gross floor area of each unit shall be two hundred fifty (250) square feet.

(b)

Services. A hotel or motel shall provide services customary to such facilities, including maid service, linen service, telephone and/or desk service, and the use of furniture.

(c)

Amenities. A hotel shall provide at least one (1) of the following amenities:

(1)

An attached dining room with seating capacity for at least twenty (20) occupants, serviced by a full service kitchen, or

(2)

An unattached standard restaurant, as defined in this chapter, with seating capacity for not less than fifty (50) occupants, located on the same site as the hotel or on a site contiguous with the hotel and developed simultaneously or in advance of the hotel site.

(d)

Off-street parking. Off-street parking shall be provided in accordance with article IX, Parking, loading, and access management.

(Ord. No. H-07-01, § 6.104, 7-24-07; Ord. No. H-13-04, § 1A, 10-8-13)

(a)

Plan review. Pursuant to Section 11 of Michigan Public Act 96 of 1987, as amended, a preliminary plan for any mobile home park shall be submitted to the city for review by the planning commission. The preliminary plan shall include the location, layout, general design, and general description of the project. The preliminary plan shall not include detailed construction plans.

In preparing the preliminary plan and when reviewing the plan, the following procedures and requirements shall apply, except where said procedures and requirements are superseded by requirements in Public Act 96 of 1987, as amended, or the Mobile Home Commission Rules.

(1)

Application filing. Any person requesting any action or review under the provisions of this chapter shall file an application on the forms provided by the city. The information required shall be typed or legibly written on the form or on separate sheets attached to the form.

(2)

Optional pre-filing conference. Applicants may request to meet with city staff, including any consultants designated by the city, to preliminarily review applications prior to filing. Such pre-filing conferences are intended to assist the applicant and facilitate the future review and approval of the application. However, no suggestions, recommendations, or other comments made by city officials, staff, or consultants at such conferences shall constitute approval of any application.

(3)

Processing and review. Applications accepted by the city shall be submitted to appropriate city staff and consultants for their written reviews and recommendations. The application shall be submitted along with all recommendations to the planning commission. Official receipt of the application is the time the complete plan arrives or is delivered to city hall.

The staff and consultants may advise and assist the applicant in meeting chapter requirements but shall have no power to approve or disapprove any application or in any way restrict an applicant's right to seek formal approval thereof.

(4)

Planning commission action. The planning commission shall review all applications at a public meeting. The planning commission shall consider all recommendations of the staff and consultants. Pursuant to Section 11 of Public Act 96 of 1987, as amended, the planning commission shall take action on the preliminary plan within sixty (60) days after the city officially receives the plan. All applications that the planning commission has been charged with the authority to approve under the provisions of this chapter shall be approved, denied, or approved subject to conditions. The planning commission may table an application for further study or to obtain additional information, provided that final action is taken within the sixty-day review period.

(5)

Filing fees. All applications shall be accompanied by a filing fee to cover the cost of processing and reviewing the application. The fee shall be established by resolution of the city council, in accordance with Section 406 of Public Act 110 of 2006, as amended. The filing fee and deposit shall be paid before the approval process begins. Upon notification of deficient payment of fees, administrative officials charged with enforcement of the chapter shall suspend further review of the application and shall deny any new permits related to the current application.

Any deposit toward the cost of review shall be credited against the expense to the city. Any portion of the deposit not needed to pay such expense shall be refunded without interest to the applicant within thirty (30) days of final action on the application.

A schedule of the current filing fees and deposit requirements is available in the office of the city clerk and the building department.

(6)

Disclosure of interest. The full name, address, telephone number, and signature of the applicant shall be provided on the application.

If the application involves real property in the city the applicant must be the fee owner, or have identified legal interest in the property, or be an authorized agent of the fee owner. A change in ownership after the application is filed shall be disclosed prior to any public hearing or the final decision on the application.

a.

Required disclosure when applicant is not fee owner. If the applicant is not the fee owner, the application should indicate interest of the applicant in the property, and the name and telephone number of all fee owners. An affidavit of the fee owner shall be filed with the application stating that the applicant has authority from the owner to make the application.

b.

Required disclosure when applicant is a corporation or partnership. If the applicant or fee owner is a corporation, the name and addresses of the corporation officers and registered agent shall be provided, and if a partnership, the names and addresses of the partners shall be provided.

c.

Required disclosure when applicant or owner is a land trust. If the applicant or fee owner is a trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary must be provided.

(7)

Records. The city shall keep accurate records of all decisions on all applications submitted pursuant to this chapter.

(b)

Minimum requirements. Mobile home parks shall be subject to all the rules and requirements of the Mobile Home Commission Act (P.A. 96 of 1987, as amended), the Manufactured Housing Commission General Rules, applicable standards of this chapter, and the following minimum requirements:

(1)

Minimum mobile home site size. Mobile home parks shall be developed with a minimum site size of five thousand five hundred (5,500) square feet. Individual sites may be reduced to as small as four thousand four hundred (4,400) square feet, provided that for every square foot of land gained through such reduction, at least an equal amount of land shall be dedicated as open space for the collective use and enjoyment of all manufactured housing park residents. This open space shall be in addition to the open space required under subsection (7), open space, below and the manufactured housing commission rules in effect at the time the proposal is submitted.

(2)

Roads. Roads shall satisfy the minimum dimensional, design, and construction requirements in the Manufactured Housing Commission Rules, except as follows:

a.

The main entrance to the park shall have access to a public thoroughfare or shall be connected to a paved public collector or arterial road (as defined in section 36-37 of this chapter) by a permanent easement which shall be recorded by the developers. Sole access to the park via an alley is prohibited.

b.

All roads shall be hard-surfaced and may be constructed with curbs and gutters.

(3)

Parking.

a.

All mobile home sites shall be provided with two (2) parking spaces per Manufactured Housing Commission Rules.

b.

In addition to required spaces for each mobile home site, a minimum of one (1) parking space for every three (3) mobile home sites shall be provided for visitor parking located convenient to the area served.

c.

No unlicensed or inoperable vehicle of any type shall be parked in this district at any time except within a covered building.

(4)

Common storage areas. Common areas for the storage of boats, motorcycles, recreation vehicles, and similar equipment may be provided in a mobile home park, but shall be limited to use only by residents of the mobile home park. If proposed, the location of such storage areas shall be shown on the preliminary site plan. No part of any such storage area shall be located in any required yard on the perimeter of the mobile home park. Such storage area shall be screened from view from adjacent residential properties with an opaque six-foot wooden fence, six-foot masonry wall with landscaping, or landscaped greenbelt. If a landscaped greenbelt is used, it shall consist of closely-spaced evergreen plantings (i.e., no farther than fifteen (15) feet apart) which can be reasonably expected to form a complete visual barrier that is at least six (6) feet above ground level within two (2) years of planting. Park owners who prohibit storage of boats, motorcycles, recreation vehicles and similar equipment are not required to construct common areas for storage and parking.

(5)

Sidewalks. Common sidewalks shall be installed along one (1) side of all internal collector roads within the mobile home park to the public right-of-way and to service all on-site facilities. Individual sidewalks shall be constructed to connect at least one (1) entrance to the home, patio, porch, or deck, and the parking spaces serving the home or a common sidewalk. All sidewalks shall have a minimum width of three feet and shall meet the standards established in Rule R125.1928.

(6)

Accessory structures and facilities.

a.

Accessory structures, including park management offices, storage buildings, laundry facilities or community facilities, shall be designed and operated for the exclusive use of park residents.

b.

Site-built buildings and structures within a mobile home park, such as a management office or clubhouse, and any addition to a mobile home that is not certified as meeting the standards of the U.S. Department of Housing and Urban Development (HUD) for mobile homes, shall be constructed in compliance with applicable state building, electrical, and fire codes and shall be subject to approval of appropriate permits and certificates of occupancy by the city.

c.

Storage. Each mobile home site shall be permitted one (1) storage shed or garage with a maximum area of one hundred forty-four (144) square feet for the storage of personal property. Such structures shall be constructed in accordance with applicable local, county, and state standards.

i.

Except as otherwise noted in this section, no personal property (including tires) shall be stored outside or under any mobile home, or within carports which are open on any side.

ii.

Bicycles and motorcycles may be parked in carports.

iii.

Seasonal outdoor storage of outdoor cooking grills is permitted, so long as they are kept on a finished wooden deck, a concrete or asphalt patio, or equivalent type of surface associated with the home.

(7)

Open space. Any mobile home park containing fifty (50) or more mobile home sites shall provide a minimum of twenty-five thousand (25,000) square feet or two (2) percent of the gross park acreage, whichever is greater, of dedicated and contiguous open space, which shall be shown on the preliminary plan. Any other open space areas or recreational improvements provided at the developer's option shall also be shown on the preliminary plan.

(8)

Perimeter screening.

a.

If a manufactured housing community abuts an existing residential development, the community shall be required to provide screening along the boundary abutting the residential development.

b.

If the community abuts a nonresidential development, it need not provide screening.

c.

In all cases, however, a community shall provide screening along the boundary abutting a public right-of-way.

d.

The landscaping shall consist of evergreen trees or shrubs at least three (3) feet in height at time of planting which are spaced so that they provide a continuous screen at maturity. Alternative screening devices may be utilized if they buffer the manufactured housing community as effectively as the required landscaping described above.

(9)

Site landscaping. Exposed ground surfaces in all parts of the community shall be paved or covered with ornamental stone or protected with grass, trees, or shrubs that are capable of preventing soil erosion. The ground surface and all parts of the community shall be graded and equipped to drain all surface water in a safe and efficient manner.

(10)

Parking lot landscaping. Off-street parking lots containing more than fifteen (15) spaces shall be provided with at least ten (10) square feet of interior parking lot landscaping per space. Such areas shall measure at least one hundred fifty (150) square feet and shall be at least fifty (50) percent covered by sod, shrubs, ground cover, or other live plant material. At least one (1) deciduous tree shall be planted per three hundred (300) square feet of parking lot landscaped area.

(11)

Signs. Each mobile home park shall be permitted either:

a.

Two (2) signs, each of which shall not exceed five (5) feet in height and sixteen (16) square feet in area and shall be set back a minimum of ten (10) feet from any property or right-of-way line; or,

b.

One (1) sign, which shall not exceed five (5) feet in height and thirty-two (32) square feet in area and shall be set back a minimum of ten (10) feet from any property or right-of-way line.

c.

Management offices and community buildings in a mobile home park shall be permitted one (1) identification sign not to exceed six (6) square feet in area.

(12)

Trash dumpsters. If proposed, trash dumpsters shall comply with the following requirements:

a.

Dumpsters shall be set back a minimum distance of fifty (50) feet from the perimeter of the mobile home park and at least fifteen (15) feet from any building, in a location that is clearly accessible to the servicing vehicle.

b.

Dumpsters shall be screened on three (3) sides with a decorative masonry wall or wood fencing, not less than six (6) feet in height. The fourth side of the dumpster screening shall be equipped with an opaque lockable gate that is the same height as the enclosure around the other three (3) sides.

c.

Dumpsters shall be placed on a concrete pad which shall extend a minimum of three (3) feet in front of the dumpster enclosure. Bollards (concrete filled metal posts) or similar protective devices shall be installed at the opening of the dumpster enclosure to prevent damage to the screening wall or fence.

(13)

Canopies and awnings. Canopies and awnings may be attached to any mobile home. Canopies and awnings shall comply with the setback and distance requirements set forth in section 36-110, MHP mobile home park district supplemental standards, and may require a building permit, pursuant to 1972 PA 230, as amended.

(14)

Water and sewer service. All lots shall be provided with public water and sanitary sewer service, or water and sanitary sewer services that shall be approved by the Michigan Department of Environmental Quality, pursuant to MDEQ Rules R325.3321 and R325.3331 through R325.3335. Water line connections shall meet the specifications contained in Rule R125.1603(a) and MDEQ Rule R325.3373. Water system meters shall comply with MDEQ Rule R325.3321 and Rule R125.1940a.

(15)

Telephone and electric service. All electric, telephone, cable TV, and other lines within the park shall be underground.

(16)

Natural gas and liquefied petroleum gas. The installation, maintenance, operation, and service of manufactured home community fuel and gas heating systems and connections shall comply with the standards contained and referenced in Rules R125.1603(b), R125.1710(1), R125.1934 through R125.1938, R25.1940(3), and MDEQ Rule R325.3373(2)(d).

(17)

Operational requirements.

a.

Permit. It shall be unlawful for any person to operate a mobile home park unless that individual obtains a license for such operation in compliance with the requirements of the Mobile Home Commission Act (P.A. 96 of 1987, as amended). The building official shall communicate recommendations regarding the issuance of such licenses to the director of the Bureau of Construction Codes, Michigan Department of Labor and Economic Growth.

b.

Violations. Whenever, upon inspection of any mobile home park, the building official finds that conditions or practices exist which violate provisions of this section, the building official shall give notice in writing by certified mail to the Director of the Bureau of Construction Codes, Michigan Department of Labor and Economic Growth, including the specific nature of the alleged violations and a description of possible remedial action necessary to effect compliance. Sections 17(2) and 36 of the Mobile Home Commission Act (P.A. 96 of 1987, as amended) shall govern this process.

The notification shall include such other information as is appropriate in order to fully describe the violations and potential hazards to the public health, safety and welfare resulting from the violation. A copy of such notification shall be sent by certified mail to the last known address of the park owner or agent.

c.

Inspections. The building official or other authorized city agent is granted the authority, as specified in the Mobile Home Commission Act, P.A. 96 of 1987, as amended, to enter upon the premises of any mobile home park for the purpose of determining compliance with the provisions of this chapter.

d.

License. A mobile home park shall not be operated until a license has been issued by the State of Michigan.

(18)

Sale of mobile homes. New or pre-owned mobile homes, which are to remain on-site in the mobile home park, may be sold by the resident, owner, or a licensed retailer or broker, provided that the mobile home park management permits the sale, as established in Section 28a of the Mobile Home Commission Act and Rules R125.2001a, R125.2005, R125.2006, and R125.2009(e).

(19)

Mailbox clusters. The United States Postal Service may require that mobile home parks be served by clusters of mailboxes serving several sites rather than individual mailboxes serving individual sites. If mailbox clusters are required, they shall be located at least fifty (50) feet from any intersection of a mobile home park road with a public road.

(Ord. No. H-07-01, § 6.105, 7-24-07)

(a)

General standards. Multiple-family dwellings and developments shall be subject to the following:

(1)

Building design and composition. The following standards shall apply to all new multiple-family dwellings:

a.

Side and rear facades. Walls visible from a street or other residential uses shall include windows and architectural features similar to the front facade of the building, including, but not limited to, awnings, cornice work, edge detailing, or other decorative finish materials.

b.

Roof. All buildings shall have pitched roofs, which may include functional dormer windows and varying lines customary with gable or hip style roofing.

c.

Maximum building length. No building shall exceed two hundred (200) feet in length.

(2)

Outdoor recreation. Passive or active outdoor recreation facilities shall be provided in accordance with the following standards:

a.

Outdoor recreation areas shall occupy a minimum of fifteen (15) percent of the gross lot area. The planning commission may waive this requirement upon determination that adequate public or private recreation facilities are available to serve the intended residents.

b.

Recreation facilities may include outdoor seating, playgrounds, swimming pools, walking paths and other recreational elements designed for the intended residents of the development.

c.

Outdoor recreation areas shall be physically and visibly accessible to residents, and shall not be located within any required yard setbacks or building separations.

(3)

Utilities. All multiple-family dwellings shall be connected to publicly owned and operated water and sanitary sewer systems.

(4)

Storage. Parking or storage of recreational vehicles, boats, utility trailers or similar items shall be prohibited, except in areas designated on an approved site plan. Such areas shall be screened per subsection 36-392(e), Screening.

(b)

Site circulation and parking. All developments of one (1) or more multiple-family dwellings shall be subject to the following:

(1)

Street design and dimensions. On-site streets and drives shall comply with the standards in section 8.02, Streets, roads, and other means of access.

(2)

Emergency access. Dual paved access throughout a multiple-family development shall be required. A boulevard with a minimum twenty-five-foot wide median strip may be used for dual access. Entrances to private roadways shall not have locked gates or barricades that would impede emergency access.

(3)

Maximum street length. No dead-end street shall be more than three hundred (300) feet in length and a suitable turning space shall be provided for vehicles at the terminus of all dead-end streets.

(4)

Connection to adjacent neighborhoods. Street connections shall be provided to adjacent neighborhoods and parcels in residential districts.

(5)

On-street parking prohibited. On-street parking shall not be permitted along any access drive within a multiple-family development.

(6)

Parking. The planning commission may give credit towards parking requirements where abutting on-street parking is available. All off-street parking spaces must be screened from abutting public streets and single-family residential uses per subsection 36-392(e), Screening.

(7)

Pedestrian circulation. Concrete sidewalks with a minimum width of five (5) feet shall be provided along both sides of interior streets, and from parking areas, public sidewalks and recreation areas to all building entrances. Public sidewalks shall be provided along abutting public streets per city standards.

(Ord. No. H-07-01, § 6.106, 7-24-07)

(a)

Lot area. The minimum lot size for a nursing home shall be two (2) acres.

(b)

Frontage and access. A nursing home shall front onto a paved major thoroughfare and the main means of access shall be via the thoroughfare. The planning commission may allow secondary access to the site via local streets.

(c)

Setbacks. The principal building and all accessory buildings associated with the nursing home shall be set back a minimum distance of fifty (50) feet from any residential zoning district.

(d)

Screening. Any ambulance bay, loading zone, or delivery area shall be screened from an adjacent parcel zoned for residential use. The required screening shall, at a minimum, consist of a five-foot high landscape screen or decorative masonry wall, according to the provisions of subsection 36-392(e), Screening or section 36-398, Obscuring walls and fences.

(e)

Open space. A nursing home shall provide a minimum of eight hundred (800) square feet of outdoor open space for every bed used or intended to be used. The open space shall be landscaped and shall include places for walking and sitting. Off-street parking areas, driveways, required setbacks, and accessory uses or areas shall not be counted toward the open space required by this subsection.

(f)

State and federal regulations. Nursing homes, convalescent homes, and rest homes shall be constructed, maintained, and operated in conformance with all applicable state and federal laws.

(g)

Accessory uses. Accessory retail, restaurant, office, and service uses may be permitted within the principal residential building. No exterior signs of any type are permitted for these accessory uses.

(Ord. No. H-07-01, § 6.107, 7-24-07)

(a)

General standards.

(1)

Compatibility with neighborhood. Any senior citizen housing facility and the property included therewith shall be maintained in a manner consistent with the typical scale, character, materials, and landscaping of the neighborhood in which it is located.

(2)

Compliance with construction codes. All construction of senior citizen housing facilities shall meet current applicable codes including Michigan Public Health Code Act 368 P.A. 1978 Part 129, as amended.

(3)

Eligibility. For purposes of this section, those eligible to be residents within any senior citizen housing development are defined as individuals who have attained the age of fifty-five (55) years, or couples of which either partner has attained the age of fifty-five (55) years.

(4)

Exclusion. Senior citizen housing facilities shall not include any state licensed residential facility, as defined by this chapter.

(b)

Assisted living facilities.

(1)

Basic amenities. Assisted living facilities shall consist of dwelling units containing private living/sleeping areas and sanitary facilities in addition to common service areas, including central dining room(s), recreational room(s), laundry service, housekeeping service, and a central lounge.

(2)

Resident meal service. Assisted living facilities shall provide at least two (2) common meals per day, seven (7) days a week. Meals must be prepared in a kitchen facility licensed by the state through the county health department.

(3)

Maximum density. The maximum density of assisted living facilities shall not exceed a maximum of two (2) assisted living units per dwelling unit permitted in the zoning district. Each assisted living unit shall have a minimum gross floor area of three hundred (300) square feet, not including kitchen and sanitary facilities.

(c)

Congregate housing.

(1)

Basic amenities. Congregate housing facilities shall consist of dwelling units containing private kitchen, sanitary, sleeping and living spaces in addition to common service areas, including central dining room(s), recreational room(s), and a central lounge.

(2)

Maximum density. The maximum number of congregate housing units on a site shall not exceed the density permitted in the zoning district.

(d)

Independent senior citizen living. Independent living facilities include senior apartments and senior housing complexes not otherwise defined in this chapter.

(1)

Unit types. Independent senior citizen living units may include attached or detached cottage-type dwellings, townhouses, or apartments consistent with all provisions of this chapter otherwise applicable to such dwellings.

(2)

Private outdoor living space. Private outdoor living space shall be provided for each independent senior citizen living unit. Such space shall be adjacent to the unit, and the total area shall equal or exceed ten (10) percent of the gross floor area of the unit.

(3)

Maximum density. The maximum number of independent senior citizen living units on a site shall not exceed the density permitted in the zoning district.

(e)

Accessory buildings and uses. The following accessory buildings and uses shall be permitted in conjunction with an approved senior citizen housing development.

(1)

General nursing facilities designed solely for the residents.

(2)

Attached or detached carports or garages.

(3)

Community and/or recreational buildings, not exceeding two stories in height and designed to serve the residents of the development.

(4)

Maintenance buildings and gatehouses for other than shared senior citizen living units not exceeding one story in height.

(5)

Meeting and activity facilities.

(6)

Dining room facilities.

(7)

Beauty shops or barbershops.

(8)

Laundry rooms.

(9)

Similar accessory facilities for facility residents, employees, and their guests.

(10)

Manager's quarters. For all senior citizen housing developments, there may be provided on-site living quarters and/or offices for a manager and activities director who is trained and knowledgeable of local resources relating to in-home support and other services beneficial to residents.

(f)

Additional required conditions.

(1)

Limitation on public use. All facilities of a senior citizen housing development, such as common service areas, central dining rooms, recreational rooms, and lounges, shall be solely for the use of the residents, employees and invited guests of the development, but not for the general public.

(2)

Site circulation.

a.

Access. All vehicular access to the site shall be from a public street classified as a collector, arterial, or thoroughfare by the city's master plan, or county or state road authorities. The planning commission may allow secondary access from local streets.

b.

Impact on traffic. The street upon which the senior citizen housing use will front shall be demonstrated to have sufficient capacity to accommodate expected traffic volumes from the use without detrimental impacts upon levels of safety, travel times, and overall level of service.

c.

Circulation. Vehicles shall be able to easily circulate within and through the site to a designated pick-up/drop-off area, without impeding circulation on the site or traffic on nearby roads.

d.

Sidewalk connections. Sidewalks shall be provided from main building entrances to sidewalks along adjacent streets.

(3)

Recreation and open space. Any assisted living or congregate housing facility shall provide at least twenty (20) square feet of indoor recreation space and at least fifty (50) square feet of usable outdoor open space for each dwelling unit in the facility. All indoor recreation space and outdoor open space shall be available and accessible to all residents of the development.

a.

Location. Usable outdoor open space may be located on the ground, on terraces, or on rooftops and shall be landscaped or developed for active or passive recreation.

b.

Site elements included as open space. The required outdoor open space may include patios, park benches, courtyards and landscaping, roofed recreation areas enclosed on not more than one (1) side, unenclosed porches, and swimming pools. Walkways and paved pedestrian plazas may be included as usable outdoor open space.

c.

Site elements not included as open space. Off-street parking areas, driveways, required setbacks, submerged lands, and loading/unloading areas shall not be counted toward the open space required by this subsection.

d.

Modification of requirements. Open space requirements may be modified by the planning commission where a development site abuts a public park or other suitable open space located within a reasonable walking distance for the occupants of said housing development.

(4)

Emergency systems. An emergency alert system for the entire senior citizen housing development shall be provided, which may include a bell entry system and an alarm system.

(5)

Barrier-free accommodation. In addition to the requirements of the State of Michigan's Barrier Free Code, all dwelling units and related facilities utilized by the tenants shall be specifically designed for use by the elderly including, but not limited to, provision for minimum thirty-two-inch clear door widths and assist bars at water closets, bathtubs, and showers. In one-story units, wherever steps are located, at least one (1) ramp shall be provided. Where there are two-story units, at least fifty (50) percent of the units of the building shall be accessible to handicapped individuals.

(6)

Timing of amenities. All site development amenities, such as common service areas (e.g., central dining rooms, recreational rooms, and central lounges) shall be provided in the first phase of any multi-phase project.

(g)

Review procedures. A proposed senior citizen housing development shall be subject to all review standards as provided in article XIV, Procedures and Standards, of this chapter, as well as the following additional standards.

(1)

Special considerations. Project applications for senior citizen housing developments shall take into account the needs of elderly persons for:

a.

Transportation.

b.

Shopping.

c.

Health facilities.

d.

Recreational facilities.

(2)

Restriction to approved use. Any approval of a proposed senior citizen housing use shall be restricted to senior citizen housing only.

(Ord. No. H-07-01, § 6.108, 7-24-07)

(a)

Intent. This section is not intended to discourage architectural variation, but shall seek to promote the reasonable compatibility of the character of dwelling units, thereby protecting the economic welfare and property value of surrounding residential uses and the city at large.

(b)

General standards. Detached single-family and two-family (duplex) dwellings, except mobile homes located in an approved and licensed mobile home park, shall comply with the following standards:

(1)

Exterior wall and roof configuration. Dwelling units shall be provided with an exterior building wall, foundation, and roof configuration that is similar to dwelling units on adjacent properties or in the surrounding residential neighborhood. The minimum width across any front, side, or rear elevation shall be twenty-four (24) feet, and the average width-to-depth or depth-to-width ratio shall not exceed three to one (3:1).

(2)

Exterior finish materials. Dwelling units shall be provided with exterior finish materials similar to and aesthetically compatible with the dwelling units on adjacent properties or in the surrounding residential neighborhood. Such materials shall include siding or wall materials, windows, porches, and shingles and other roofing materials.

(3)

Foundation. Dwelling units shall be permanently attached to a perimeter foundation, which shall have the same perimeter dimensions as the dwelling. Foundations and anchoring systems shall comply with all applicable local, county, and state building codes.

(4)

Utilities. All new dwellings shall be connected to a publicly owned and operated water and sanitary sewer system.

(5)

Storage. Each dwelling unit shall contain storage capability in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which shall be equal to a minimum of ten (10) percent of the square footage of the dwelling or one hundred (100) square feet, whichever is less.

(6)

Garages. A private, attached single-family residential garage shall not occupy more than fifty (50) percent of the linear frontage of the principal residential building and shall be set back a minimum of five (5) feet from the front facade of a principal residential building. Detached garages are permitted subject to section 36-251, Accessory structures. Garage doors, when visible from the street, shall not exceed nine feet in width for a one-car garage and sixteen (16) feet for a two-car garage. Where there are multiple garage doors, they shall be separated by a solid wall or jamb not less than eight (8) inches in width.

(7)

Distance between buildings. Each residential lot shall provide between principal residential buildings on adjacent lots a minimum distance of fourteen (14) feet or twenty (20) percent of the lot width, whichever is greater.

(8)

Determinations. The compatibility of design and appearance shall be determined by the building official or his designee, subject to appeal by an aggrieved party to the zoning board of appeals. The building official shall require the applicant to furnish such plans, elevations, and similar documentation as is deemed necessary to permit a complete review and evaluation of the proposal.

Any determination of compatibility shall be based upon a comparison to the character, design, and appearance of homes in the same neighborhood within three hundred (300) feet of the subject lot, excluding any manufactured housing park. If the area within three hundred (300) feet does not contain any such homes, then the nearest twenty-five (25) similar type dwellings shall be considered.

(Ord. No. H-07-01, § 6.109, 7-24-07)

(a)

In general. The following regulations shall apply to all state licensed residential facilities, as defined by this chapter and as licensed by the State of Michigan; and to all other managed or state licensed residential facilities.

(1)

Licensing. In accordance with applicable state laws, all state licensed residential facilities shall be registered with or licensed by the State of Michigan, and shall comply with applicable standards for such facilities.

(2)

Separation requirements. New state licensed residential facilities shall be located a minimum of one thousand five hundred (1,500) feet from any other state licensed residential facility, as measured between the nearest points on the property lines of the lots in question. The planning commission may permit a smaller separation between such facilities upon determining that such action will not result in an excessive concentration of such facilities in a single neighborhood or in the city overall.

(3)

Compatibility with neighborhood. Any state licensed residential facility and the property included therewith shall be maintained in a manner consistent with the visible characteristics of the neighborhood in which it is located.

(b)

Group day care homes. In addition to the preceding subsection, the following regulations shall apply to all group day care homes, as defined in this chapter.

(1)

Outdoor play area. A minimum of one hundred fifty (150) square feet of outdoor play area shall be provided and maintained per child at the licensed capacity of the day care home, provided that the overall play area shall not be less than five thousand (5,000) square feet. The play area shall be located in the rear yard area of the group day care home premises and shall be suitably fenced and screened.

(2)

Pick-up and drop-off. Adequate areas shall be provided for employee and resident parking, and pick-up and drop-off of children or adults, in a manner that minimizes pedestrian-vehicle conflicts and allows maneuvers without affecting traffic flow on the public street.

(3)

Hours of operation. Group day care homes shall not operate more than sixteen (16) hours per day.

(Ord. No. H-07-01, § 6.110, 7-24-07)

(a)

Access. All amusement arcades shall have frontage on, and direct vehicle access to, a public street classified as a collector, arterial, or major thoroughfare by the city's master plan, this chapter, or county or state road authorities.

(b)

Location. No amusement arcade shall be located within five hundred (500) feet of a school, place of worship, or any residentially-zoned parcel.

(c)

Floor area limitations. Amusement arcades located in the O, office district shall not exceed a maximum usable floor area of one thousand five hundred (1,500) square feet.

(d)

Outdoor amusement arcades. Outdoor amusement arcades and outdoor recreation establishments shall be subject to the standards of section 36-169, Open-air businesses.

(Ord. No. H-07-01, § 6.201, 7-24-07)

Automobile or vehicle dealers, including those establishments with repair facilities and/or outdoor sales space, shall be subject to the requirements of this section. These requirements shall apply to operations involved in the sale, lease or rental of new or used vehicles, house trailers, recreational vehicles, trucks, and other vehicles. Recreational vehicle dealers shall be further subject to the requirements of section 36-233:

(1)

Frontage. All automobile dealerships shall have a minimum frontage of sixty (60) feet along a major thoroughfare.

(2)

Setbacks. Outdoor sales lots, parking areas, and other vehicle maneuvering areas shall comply with the locational requirements for parking lots, as specified in section 36-363, General standards.

(3)

Landscaping adjacent to road. The required greenbelt for an automobile dealership may be sodded in lieu of other plantings required in section 36-398.

(4)

Grading, surfacing, and drainage. Outdoor sales lots, parking areas, and other vehicle maneuvering areas shall be hard-surfaced with concrete or plant-mixed bituminous material, and shall be graded and drained so as to dispose of surface waters. Grading, surfacing, and drainage plans shall be subject to review and approval by the city engineer.

(5)

Servicing of vehicles. Any servicing of vehicles shall be subject to the following requirements:

a.

Service activities shall be clearly incidental to the vehicle sales operation.

b.

Vehicle service activities shall occur within a completely enclosed building.

c.

Partially dismantled vehicles, damaged vehicles, new and used parts, and discarded parts shall be stored within a completely enclosed building.

d.

There shall be no external evidence of the service operations, in the form of dust, odors, or noise, beyond the service building.

(6)

Additional use standards.

a.

Broadcasting devices prohibited. Devices for the transmission or broadcasting of voice or music shall be prohibited outside of any building.

b.

Permanent building required. There shall be provided on the site a permanent building within which records of the dealership shall be stored.

c.

Any automobile dealership shall comply with applicable city and county health regulations.

(7)

In order to prevent the oversaturation of automobile dealerships within the local market, to help maintain an inventory of building sites suitable for diverse businesses within the city, and to promote the aesthetic appeal of the city's commercial corridors, no automobile dealership may be located closer than one thousand (1,000) feet from another automobile dealership located within the city borders unless both are part of a planned automotive mall. In keeping with the intent of this section, automobile dealerships located outside the City of Dearborn Heights shall not be considered in the application of this separation regulation.

(Ord. No. H-07-01, § 6.202, 7-24-07; Ord. No. H-13-04, § 1B, 10-8-13; Ord. No. H-16-01, § 1B, 10-11-16; Ord. No. H-18-08, § 1, 11-27-18)

(a)

Location. No bar or lounge shall be located within five hundred (500) feet of a school or place of worship. Screening shall be required where a bar, lounge, or restaurant is adjacent to any parcel in residentially use, in accordance with subsection 36-392(e), Screening.

(b)

Off-street parking. Off-street parking shall be provided in accordance with article IX, Parking, Loading, and Access Management.

(c)

Access and circulation. Vehicular circulation patterns shall be designed to eliminate potential conflicts between traffic generated by the site and traffic on adjacent streets, and the number and location of curb cuts shall be the minimum necessary to provide adequate access to the site.

(d)

Trash receptacle enclosure. Dumpsters and other trash receptacles shall be screened in accordance with section 36-253, Trash enclosures.

(Ord. No. H-07-01, § 6.203, 7-24-07)

(a)

Standards for use. Any commercial use with more than fifty thousand (50,000) square feet of total gross floor area (including 'big-box' stores, supermarkets, wholesale stores, and multi-tenant shopping centers with more than fifty thousand (50,000) square feet of total gross floor area in a single building footprint) shall be subject to the following:

(1)

Access and circulation. Vehicular circulation patterns shall be designed to eliminate potential conflicts between traffic generated by the site and traffic on adjacent streets, and the number and location of curb cuts shall be the minimum necessary to provide adequate access to the site.

a.

Sites shall have frontage on a public street classified as an arterial or major thoroughfare by the city's master plan, this chapter, or county or state road authorities. Vehicle access to local or collector streets shall be prohibited.

b.

A traffic impact study shall be provided, per subsection 36-395(11), Transportation impact studies.

c.

A retail market study demonstrating the need for the proposed facility shall be provided.

(2)

Outlots. The site design, circulation, parking layout, and building architecture of any outlots shall be complementary to and fully integrated with the design of the overall site. Separate curb cuts for any outlots shall be prohibited, except where determined to be necessary by the planning commission.

(3)

Screening. Screening shall be required from adjacent residential districts in accordance with subsection 36-392(e), Screening, along with adequate screening for all loading facilities, trash dumpsters, and mechanical equipment. In addition, front yard parking shall be screened in accordance with subsection 36-392(e), Screening.

(4)

Loading areas. Loading/unloading of merchandise or equipment, and trash disposal or compaction shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. Trucks or trailers parked at a loading dock may be unloaded onto the loading dock between the hours of 10:00 p.m. and 7:00 a.m., provided that all activity occurs inside the truck or trailer or within the building.

(5)

Pedestrian access. A six-foot wide concrete sidewalk shall be provided from public sidewalks to all public entrances of a big-box commercial use in a manner that effectively separates pedestrians from vehicular traffic. Driveway crossings shall be clearly delineated with pavement striping.

(Ord. No. H-07-01, § 6.204, 7-24-07)

Accessory use. In the C1, neighborhood business district and CX, commercial-residential mixed use district, catering and banquet hall facilities shall only be permitted as an accessory use located entirely within a permitted standard restaurant use.

(Ord. No. H-07-01, § 6.205, 7-24-07)

(a)

Licensing. In accordance with applicable state laws, all child care centers shall be registered with or licensed by the State of Michigan, and shall comply with the minimum standards outlined for such facilities.

(b)

Outdoor recreation area. A minimum of one hundred fifty (150) square feet of outdoor recreation area shall be provided and maintained per child at the licensed capacity of the child care center, provided that the overall area shall not be less than five thousand (5,000) square feet. The outdoor recreation area shall be suitably fenced, secured, and screened from abutting residential uses in accordance with subsection 36-392(e), Screening. The planning commission may approve the use of off-site outdoor recreational facilities to satisfy this requirement, in which case documentation citing state approval of such shall be provided.

(c)

Pick-up and drop-off. Adequate areas shall be provided for employee parking and pick-up and drop-off of children or adults in a manner that minimizes pedestrian-vehicle conflicts and disruption of traffic flow on the public streets.

(d)

Access and frontage. Child care centers shall have frontage on, and direct vehicle access to, a public street classified as a collector, arterial or thoroughfare by the city's master plan, or county or state road authorities. Vehicle access to local streets shall be limited to secondary access where necessary for health and safety purposes.

(e)

Hours of operation. Child care centers in residential districts or accessory to a residential use shall operate no more than sixteen (16) hours per day.

(Ord. No. H-07-01, § 6.206, 7-24-07)

Editor's note— Ord. No. H-13-04, § 1B, adopted Oct. 8, 2013, repealed § 36-167, which pertained to commercial greenhouses and derived from Ord. No. H-07-01, § 6.207, adopted July 24, 2007)

(a)

Assembly area. An adequate off-street assembly area shall be provided for funeral processions and activities. All maneuvering areas and exit aprons shall be located within the site and may be incorporated into the required off-street parking. Streets and alleys shall not be used for maneuvering or parking of vehicles.

(b)

Screening. The service and loading area shall be screened from adjacent residential districts or existing residential uses per subsection 36-392(e), Screening.

(c)

Crematories. Crematories in conjunction with funeral homes or mortuaries are not permitted.

(Ord. No. H-07-01, § 6.208, 7-24-07)

(a)

Applicability. Open air businesses and outdoor display areas for the sale, exhibition, rental or leasing of retail merchandise, manufactured or modular housing products, trailers, boats, building supplies, hardware, plant materials not grown on the site, lawn furniture, playground equipment, lawn and garden supplies, and similar items shall be subject to the following:

(1)

Site plan approval. Creation, expansion or alteration of an open air business and/or outdoor display area on a zoning lot shall be subject to site plan approval per article XIV, division 2, Site plan review.

(2)

Lot area. The minimum lot size for open-air businesses shall be five thousand (5,000) square feet.

(3)

Location requirements. All sales activity and outdoor display shall be limited to the areas specified on an approved site plan.

a.

No sales activity or display of merchandise shall be permitted within a street right-of-way or required setback area.

b.

Open air businesses and outdoor display areas shall be set back a minimum of ten (10) feet from any parking area, driveway or access drive, and twenty (20) feet from any residential district or use.

c.

The proposed activity shall be located so as to ensure safe vehicular and pedestrian circulation. A minimum of five (5) feet of sidewalk width to the entrance of the establishment shall be maintained free for pedestrian circulation.

(4)

Screening. Such uses shall be screened from street rights-of-way and abutting residential districts or uses in accordance with subsection 36-392(e), Screening.

(5)

Use standards. Open air businesses and outdoor display areas shall conform to the following use limitations:

a.

Such areas shall be kept clean and litter-free, with outdoor waste receptacles provided.

b.

Devices for the outdoor broadcasting of voice, telephone monitoring, music or any other amplified sound shall be prohibited.

c.

The storage of any soil, fertilizer or other loose, unpacked materials shall be contained so as to prevent any effects on adjacent uses.

d.

Operational hours for open air businesses, outdoor display area, and exterior lighting may be restricted by the planning commission to protect nearby residential districts.

(6)

Outdoor display of vehicles. Outdoor sales space for the sale of new or used motor vehicles, house trailers, boats, boat trailers and/or recreational vehicles may be permitted only if carried on in conjunction with a regularly authorized automobile or recreational vehicle dealership that is housed in a permanent building on the same parcel of land or on contiguous parcels of land, subject to section 36-162. This provision shall not prohibit a private individual, on his own property, from offering for sale not more than one (1) of his personally owned motor vehicles or boats at any one (1) time; but he shall not so offer for sale more than three (3) motor vehicles or boats per year without complying with the zoning requirements for the sale of used motor vehicles or boats.

(b)

Temporary outdoor displays in the CX, commercial-residential mixed use district. The standards of this section shall not apply to temporary outdoor display areas within the street right-of-way in the CX district. Such displays shall be subject to city council approval.

(Ord. No. H-07-01, § 6.209, 7-24-07; Ord. No. H-13-04, § 1B, 10-8-13)

(a)

Outdoor seating areas are allowed as an accessory use at restaurants, bars, taverns, coffee shops, cafes, bistros, bakeries, delicatessens, specialty food stores, and/or other similar establishments, and are subject to the following requirements:

(1)

Accessory to primary use. The outdoor seating area must be accessory to a fully-operational restaurant located on the same site.

(2)

Limits on nuisance. No music, speakers, intercoms, or similar devices shall be permitted. Operation of an outdoor seating area must not adversely impact adjacent or nearby residential, religious, educational, or commercial properties and must be in accordance with all applicable codes and regulations.

(3)

Outdoor food storage and preparation. Outdoor food storage is prohibited. Outdoor food preparation may be permitted, provided that the location and type of cooking equipment is shown on the site plan or sketch plan and is subject to any conditions that may be imposed by the city or Wayne County Health Department to minimize the off-site impact of such operations.

(b)

A temporary outdoor seating area may be approved administratively through the building official, with input from the city fire department, police department, engineer and planning consultant, according to the following guidelines and process.

(1)

Sketch plan required. A sketch plan must be submitted for review. The sketch plan must indicate the location of the outdoor seating area, proposed lighting, access, fences, landscaping, trash removal, setbacks from property lines, and other proposed improvements associated with the outdoor seating area.

a.

The capacity of the outdoor seating area must be considered along with the indoor seating for the purposes of determining compliance with required parking.

b.

The outdoor seating area must comply with the setback requirements for a principal building or structure in the zoning district.

c.

The sketch plan must specify the plans for storage of tables, chairs, and equipment during the periods when the outdoor seating area is not in use.

d.

The hours of operation for the outdoor seating area must be specified on the sketch plan. Hours of operation is subject to approval by the building official.

e.

The proposed dates for the temporary outdoor seating use must be specified. No temporary outdoor seating use may continue for more than five (5) months in any calendar year.

f.

A temporary outdoor seating use may be converted to a permanent outdoor seating use by site plan amendment, following the procedures described in section 36-170(c).

(4)

Agency approvals.

a.

Temporary outdoor seating and temporary outdoor food preparation areas are subject to applicable Wayne County Health Department requirements.

b.

A proposed temporary outdoor seating area must be reviewed and approved by the fire chief, police chief, building official, engineer, and planning consultant.

(5)

Permit required. A temporary outdoor seating permit issued by the building department is required for all outdoor seating areas that are not part of an approved site plan. Repeated violations of section 36-170(a) may result in the revocation of the temporary outdoor seating permit.

(c)

A permanent outdoor seating area use must be approved using the site plan review procedure located in article XIV of the City Zoning Ordinance. In addition to any other requirements set forth in the City Zoning Ordinance, the requirements of section 36-170(a) shall apply, and the proposed site plan must include the following:

(1)

The site plan must indicate the location of the outdoor seating, proposed lighting, access, fences, landscaping, trash removal, setbacks from property lines, and other proposed improvements associated with the outdoor seating.

(2)

The capacity of the outdoor seating area must be considered along with the indoor seating for the purposes of determining compliance with required parking.

(3)

The outdoor seating must comply with the setback requirements for a principal building or structure in the zoning district.

(4)

The site plan must specify the plans for storage of tables, chairs, and equipment during the months when the outdoor seating is not in uses.

(5)

The hours of operation for the outdoor seating must be specified on the site plan. Hours of operation is subject to approval by the planning commission.

(6)

The proposed dates for the outdoor seating use must be specified.

(7)

Agency approvals.

a.

Outdoor seating and outdoor food preparation areas are subject to applicable Wayne County Health Department requirements.

b.

Outdoor seating must be reviewed by the fire chief, police chief, building official, engineer, and planning consultant, with any comments submitted to the planning commission during the review of the site plan application.

(Ord. No. H-07-01, § 6.210, 7-24-07; Ord. No. H-20-03, § I, 11-24-20)

(a)

In commercial districts. In the C1, C2, or CX districts, retail bakeries (NAICS 311811) shall have a minimum of fifty (50) percent of the usable floor area, and the street level facade, used as sales and display areas for sales of products or services at retail on the premises.

(b)

In industrial districts. In the M1, M2, or MX Districts, retail bakeries (NAICS 311811) shall be limited to a maximum of twenty-five (25) percent of the usable floor area used as sales and display areas for sales of products or services at retail on the premises.

(Ord. No. H-07-01, § 6.211, 7-24-07)

(a)

Accessory use. Hospitals, sanitariums, nursing homes, medical clinics, or the offices of physicians, chiropractors, osteopaths, psychologists, clinical social workers, or family counselors licensed to practice in the state shall be permitted to provide massage therapy services as an accessory use. Beauty salons, barbershops, and retail stores selling physical therapy supplies shall also be permitted to provide massage therapy services as an accessory use.

(b)

Certification. All massage therapists shall be licensed, where such licenses are available, and shall be certified members of the American Massage and Therapy Association (AMTA) or Associated Bodywork and Massage Professionals (ABMP). Proof of such licenses or certifications shall be provided to the city.

(c)

Adult massage parlors prohibited. All activities that meet the definition of an adult regulated use shall be prohibited.

(Ord. No. H-07-01, § 6.212, 7-24-07)

(a)

Landscaping and screening. Outdoor enclosures or runs shall be screened from street rights-of-way and adjacent residential districts and uses per subsection 36-392(e), Screening.

(b)

Operating requirements. The clinic shall be operated by a licensed or registered veterinarian, and shall be subject to the following:

(1)

All boarding shall be limited to animals brought in for treatment or surgery, unless the site has also been approved as a kennel per section 36-232, Kennels.

(2)

Other than outdoor runs, all other activities shall be conducted within a completely enclosed building constructed to ensure that noise and odors shall not be perceptible beyond the lot boundaries.

(3)

Outdoor exercising is allowed, provided that the pet is accompanied by an employee and that all animal waste is immediately disposed of in a sealed container. Animals shall not be kept or quartered outside of the buildings between 8:00 p.m. and 8:00 a.m.

(4)

Other conditions. Veterinary clinics and hospitals shall be subject to all permit and operational requirements established by appropriate regulatory agencies. The planning commission may impose other conditions and limitations deemed necessary to prevent or mitigate possible nuisances related to noise or odor.

(Ord. No. H-07-01, § 6.213, 7-24-07; Ord. No. H-13-04, § 1B, 10-8-13)

(a)

Minimum lot size. All car wash establishments shall have a minimum lot area of twenty-one thousand seven hundred eighty (21,780) square feet (one-half acre).

(b)

Setbacks. All buildings shall maintain a twenty-foot setback from any residential district or use.

(c)

Use standards.

(1)

Washing. All washing activities shall be carried on within a fully enclosed building (or a covered vehicle bay for a self-service car wash).

(2)

Drying. Automatic drying equipment shall be provided within the wash facility, or adequate drying area shall be provided at the wash facility exit.

(3)

Vacuuming. Vacuuming activities must be located at least fifty (50) feet from adjacent residentially zoned or used property.

(d)

Layout and stacking spaces.

(1)

All maneuvering areas, stacking lanes, and exit aprons shall be located on the car wash parcel itself. Streets and alleys shall not be used for maneuvering or parking by vehicles to be serviced by the car wash.

(2)

Sufficient space shall be provided on the lot so that vehicles do not enter or exit the wash building directly from an adjacent street or alley.

(3)

Off-street stacking spaces shall be provided in accordance with subsection 36-365(c), Schedule of required parking by use.

(e)

Orientation of open bays. Buildings should be oriented so that open bays, particularly for self-serve car washes, do not face onto adjacent streets or residentially zoned or used property unless screened by landscaping.

(f)

Entrances and exits.

(1)

Entrances and exits to a car wash shall not face residentially zoned or used property.

(2)

Exit lanes shall be sloped to drain water back to the wash building or to drainage grates.

(3)

Drains shall be provided at all entrances and exits to prevent surface drainage from flowing across public sidewalks or into the street right-of-way.

(g)

Access. Curb openings for drives shall not be permitted where such drive would create a safety hazard or traffic nuisance for other ingress and egress drives, traffic generated by other buildings or uses, or adjacent pedestrian crossings.

(h)

Traffic impacts. A traffic impact study may be required by the planning commission, per subsection 36-395(11), Transportation impact studies.

(Ord. No. H-07-01, § 6.301, 7-24-07; Ord. No. H-13-04, § 1C, 10-8-13)

(a)

General provisions. The following provisions shall apply to all drive-in establishments:

(1)

Frontage. Drive-in businesses shall front onto a paved major thoroughfare and the main means of access shall be via the thoroughfare.

(2)

Screening. All drive-in businesses shall be screened from all street rights-of-way and abutting residential districts or uses in accordance with subsection 36-392(e), Screening. The standards of section 36-392 shall be a minimum; additional requirements for specific uses are detailed below.

(3)

Traffic. A traffic impact study may be required by the planning commission, per subsection 36-495(11), Transportation impact studies.

(b)

Drive-in theaters. In addition to the provisions of subsection (a), the following regulations shall apply to outdoor drive-in theaters:

(1)

Lot size. The minimum lot size for a drive-in theater shall be ten (10) acres.

(2)

Setbacks.

a.

Buildings or other structures associated with a drive-in theater shall be set back a minimum of one hundred (100) feet from any lot line.

b.

The face of the theater screen shall be constructed so it is not visible from any street or highway. No viewing areas may be located closer than forty (40) feet to any lot line.

(3)

Access drive design. The access drive shall be designed with separate entrance and exit lanes which shall be separated by a landscaped median strip at least twenty (20) feet in width. There shall be a minimum of three (3) entrance and three (3) exit lanes, and each lane shall be at least ten (10) feet in width.

(4)

Stacking space. A minimum of fifty (50) stacking spaces shall be provided on the premises for vehicles waiting to enter the theater.

(5)

Perimeter screening. The entire drive-in theater site shall be screened with an eight-foot high fence or screening wall, constructed according to the specifications in section 36-398, Obscuring walls and fences.

(6)

Road access. In no case shall access to a drive-in theater be off of a residential street.

(c)

Drive-in restaurants. In addition to the provisions of chapter 16, article III, of the City's Code of Ordinances and the provisions of subsection (a), the following regulations shall apply to all drive-in restaurants:

(1)

Frontage. All drive-in restaurants shall have a minimum frontage of sixty (60) feet along a major thoroughfare.

(2)

Access. Vehicular access to the site must be available from at least two (2) points at all times, and such access points must be kept clear to permit emergency egress and ingress.

(3)

Illumination. The parking area of any drive-in restaurant shall be adequately illuminated. Such illumination shall be arranged so as to reflect away from any adjoining residential area.

(4)

Control of sound level. Devices for the transmission of voices shall be so directed or muffled as to prevent sound from being audible beyond the boundaries of the site.

(5)

Prohibited uses. Sales of alcoholic beverages shall be prohibited at any drive-in service facility.

(Ord. No. H-07-01, § 6.302, 7-24-07; Ord. No. H-07-03, § 1C, 1-8-08; Ord. No. H-13-04, § 1C, 10-8-13)

(a)

General provisions. The following provisions shall apply to all establishments (restaurants, banks, pharmacies, cleaners, etc.) with a drive-through lane or lanes, in addition to any other requirements for the principal use:

(1)

Frontage. Drive-through businesses shall have a minimum of sixty (60) feet of frontage along a paved major thoroughfare and the main means of access shall be via the thoroughfare.

(2)

Access. Curb openings for drives shall not be permitted where the drive would create a safety hazard or traffic nuisance for other ingress and egress drives, traffic generated by other buildings or uses, or adjacent pedestrian crossings.

(3)

Off-street parking and stacking. Parking and stacking spaces shall be provided according to the provisions of article IX, Parking, loading, and access management.

(4)

Bypass lane. A bypass lane or similar means of exiting or avoiding the drive-through facility shall be provided, subject to planning commission approval.

(5)

Screening. All drive-through businesses shall be screened from all street rights-of-way and abutting residential districts or uses in accordance with subsection 36-392(e), Methods of screening and buffering. The standards of section 36-392 shall be a minimum; additional requirements for specific uses are detailed below.

(6)

Traffic. A traffic impact study may be required by the planning commission, per subsection 36-495(11), Transportation impact studies.

(7)

Control of sound level. Devices for the transmission of voices shall be so directed or muffled as to prevent sound from being audible beyond the boundaries of the site.

(8)

Prohibited uses. Sales of alcoholic beverages shall be prohibited through any drive-through window.

(9)

Drive-through window location. Any drive-through window, as defined in article II, shall be located at least thirty-five (35) feet from any lot line.

(b)

Drive-through restaurants. In addition to the provisions of chapter 16, article III, of the City's Code of Ordinances and the provisions of subsection (a), the following shall apply to all drive-through restaurants:

(1)

Illumination. The parking area of any drive-through restaurant shall be adequately illuminated. Such illumination shall be arranged so as to reflect away from any adjoining residential area.

(2)

Menu boards. Menu boards may be erected as an accessory use to a drive-through lane for a restaurant, subject to the following:

a.

Such signs shall be located on the interior of the lot and shall be shielded so that they are not visible from street rights-of-way and abutting residential districts or uses.

b.

The location, size, content, coloring, or manner of illumination of a menu board shall not constitute a traffic or pedestrian hazard, or impair vehicular or pedestrian traffic flow in any manner.

c.

Each menu board shall not exceed six (6) feet in height and forty-eight (48) square feet in sign area.

(Ord. No. H-07-01, § 6.303, 7-24-07; Ord. No. H-07-03, § 1D, 1-8-08; Ord. No. H-13-04, § 1C, 10-8-13)

(a)

Intent. In order to regulate and control the problems of noise, odor, light, fumes, vibration, dust, danger of fire and explosion, and traffic congestion which result from the unrestricted and unregulated construction and operation of gas stations, service stations, and automotive repair garages, and to regulate and control the adverse effects that these and other problems incidental to such uses may exercise upon adjacent and surrounding areas, the following regulations and requirements are provided herein for gas stations, service stations, and automotive repair garages located in any zoning district.

(1)

Applicability. All gas stations, service stations, and automotive repair garages erected after the effective date of this section or any amendment thereafter shall comply with all requirements of this section. No gas station, service station, or automotive repair garage existing on such date shall be structurally altered so as to provide a lesser degree of conformity with the provisions of this section than existed on such date.

(b)

Minimum lot width. A gas station, service station, or automotive repair garage shall be located on a lot having not less than sixty (60) feet of frontage along a major thoroughfare.

(c)

Separation from incompatible uses. No gas station, service station, or automotive repair garage shall be located nearer than five hundred (500) feet as measured from any point on the property line to any church, public or private school, or playground.

(d)

Setbacks. In addition to the requirements below, all canopies, fuel pumps, and pump islands shall be located no closer than forty (40) feet to property zoned or used for residential purposes.

(1)

All buildings shall comply with the setback requirements for the district in which the use is located.

(2)

Pump island canopies shall be set back a minimum of twenty (20) feet from any right-of-way line.

(3)

Fuel pump islands shall be set back a minimum of thirty (30) feet from any right-of-way line.

(e)

Layout. All lubrication equipment, motor vehicle washing equipment, hydraulic hoists, and pits shall be enclosed entirely within a building. All gasoline pumps shall be located not less than fifteen (15) feet from any lot line and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any landscaped area, sidewalk, street, or adjoining property.

(f)

Ingress and egress.

(1)

The nearest edge of any drive shall be located at least twenty-five (25) feet from the nearest point of any property zoned or used for residential purposes.

(2)

No driveway shall be located closer than thirty (30) feet, as measured along the property line, to any other access drive to the same site.

(3)

Curb openings for access drives shall not be permitted where the drive would create a safety hazard or traffic nuisance because of its location in relation to other ingress and egress drives, its location in relation to the traffic generated by other buildings or uses or adjacent to pedestrian crossings.

(g)

Curbs. Except for access drives, a curb of at least six (6) inches in height shall be installed to prevent vehicles from being driven onto or parked with any part of the vehicle extending within two (2) feet of abutting landscaped areas, sidewalks, streets, buildings, or adjoining property.

(h)

Lot paving. The entire lot, excluding the area occupied by a building, shall be hard-surfaced with concrete or a plant-mixed bituminous material, or, if any part of the lot is not so surfaced, then that area shall be landscaped and separated from all paved areas by a low barrier or curb.

(i)

Screening.

(1)

Adjacent to rights-of-way. Any gas station, service station, or automotive repair garage shall be screened from all street rights-of-way in accordance with subsection 36-392(e), Screening.

(2)

Adjacent to residential uses. Where a gas station, service station, or automotive repair garage adjoins any property located in any residential zone, or is separated from any such property by a public alley only, a decorative masonry wall six (6) feet in height shall be erected and maintained along the common lot line or along the alley lot line. All masonry walls shall be protected by a fixed curb or barrier to prevent vehicles from contacting the wall.

(j)

Overhead doors. Overhead doors shall not face residential districts or uses. The planning commission may modify this requirement upon determining that there is no reasonable alternative and that adequate screening has been provided per subsection 36-392(e), Screening.

(k)

Exterior lighting. All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from adjacent and neighboring property.

(1)

Pump island canopy lighting. All lighting fixtures under the canopy shall be fully recessed into the canopy structure. A maximum illumination intensity of 10.0 footcandles shall be permitted under the canopy.

(l)

Noise and odors. There shall be no external evidence of service and repair operations, in the form of dust, odors, or noise, beyond the interior of any automotive service building. Building walls facing any residential districts or uses shall be of masonry construction with soundproofing.

(m)

Temporary vehicle storage. The storage, sale, rental or display of new or used cars, trucks, trailers, and any other vehicles, vehicle components and parts, materials, commodities, supplies or equipment on the premises is prohibited except in conformance with the requirements of this section and ordinance.

(1)

Inoperable vehicles shall not be stored or parked outside of a service station. Inoperable vehicles may be stored or parked outside an automotive repair garage. Outdoor storage of inoperable vehicles shall be prohibited at any gas station.

(2)

Partially dismantled vehicles, damaged vehicles, new and used parts, and discarded parts shall be stored within a completely enclosed building.

(n)

Accessory uses. Accessory retail and restaurant uses shall conform to the standards for such uses, as specified in this ordinance.

(o)

Traffic. A traffic impact study may be required by the planning commission, per subsection 36-495(11), Transportation impact studies.

(p)

Use restrictions.

(1)

Approved containers. No gasoline or flammable liquid shall be kept or conveyed in open receptacles or in glass bottles or other breakable containers on the premises of a gas station, service station, or automotive repair garage, except in glass bottles of not more than eight (8) ounces capacity used for sample purposes, and shall not be used for cleaning purposes on such premises.

(2)

Pump location. No gasoline pump shall be installed in any building.

(3)

Approved fuel hoses. No fuel tank shall be filled at a gas station or service station except through a hose connected to a pump of a type approved by the Underwriters' Laboratories, Incorporated.

(4)

Disposal of hazardous materials. All combustible waste and rubbish, including crankcase drainings, shall be kept in metal receptacles fitted with a tight cover until removed from the premises. No gasoline, oil, grease, or flammable liquid shall be allowed to flow into or be placed in the drainage system. Oil and grease shall not be allowed to accumulate on the floor. Sawdust shall not be kept in any gas station, service station, automotive repair garage, or place of storage therein, and sawdust or other combustible material shall not be used to absorb oil, grease, or gasoline.

(5)

Compliance with city inspectors. All gas station, service station, or automotive repair garage proprietors and attendants, upon being notified by any city inspector of the presence of gasoline or volatile liquids in sewers, shall cooperate in ascertaining the reason therefor.

(6)

Fire protection. There shall be constantly maintained in good working order at least two (2) two-and-one-half-gallon fully charged portable foam-type fire extinguishers at each gas station, service station, or automotive repair garage.

(Ord. No. H-07-01, § 6.304, 7-24-07; Ord. No. H-10-07, § IVA, 11-23-10; Ord. No. H-13-04, § 1C, 10-8-13)

In certain businesses, the accessory use is an integral part of the overall business operation, such that the business takes on the character of a "mixed use". In these cases, the specific guidelines provided in this section determine if the accessory use is reasonable and should be permitted.

(1)

Accessory retail or service uses in industrial districts.

a.

Accessory retail or service uses that are intended to serve the occupants and patrons of the principal use shall be an incidental use occupying no more than five (5) percent of a building that accommodates a principal permitted use. Permitted accessory retail and service uses shall be limited to the following:

1.

Retail establishments that deal directly with the consumer and generally serve the convenience shopping needs of workers and visitors, such as convenience stores, drug stores, uniform supply stores, or similar retail businesses.

2.

Personal service establishments which are intended to serve workers or visitors in the district, such as dry cleaning establishments, travel agencies, tailor shops, or similar service establishments.

3.

Restaurants, cafeterias, or other places serving food and beverages for consumption within the building.

4.

Financial institutions, including banks, credit unions, and savings and loan associations.

b.

Accessory retail sales of products produced on the premises and products similar to those produced on the premises shall be permitted subject to the following conditions:

1.

Character of the principal use. The principal use on the site must be industrial in character. Accordingly, there shall be no outside displays of any kind.

2.

Percent of floor area. The retail activity shall occupy no more than twenty (20) percent of total floor area or five hundred (500) square feet, whichever is less.

3.

Ratio of products produced on-premises vs. off-premises. The volume of products offered for sale and produced on the premises shall exceed the volume of products offered for sale and produced off the premises. In making this determination, measurements can be based on total occupied floor area or total number of units offered for sale.

4.

Special land use. Accessory retail sales in an industrial district shall be subject to special land use approval, pursuant to article XIV, division 3.

(2)

Industrial uses in commercial districts. Industrial, processing, and warehouse uses shall be deemed acceptable accessory uses in commercial districts if the following criteria are met:

a.

Character of the "industrial" use. Assembly, fabrication, manufacturing, and warehouse activities shall be directly related to the specific products or services permitted as principal use on the site.

b.

Limits of industrial activity. Any products manufactured or produced shall not be for distribution to other retail stores or manufacturing facilities.

c.

Types of equipment. Heavy machinery typically found in manufacturing or industrial plants shall not be permitted. The machinery shall not create dust, noise, odor, vibration or fumes that would cause an adverse impact on neighboring properties.

d.

Percent of floor area. The industrial activity shall occupy no more than twenty (20) percent of total floor area.

e.

Compatibility of traffic. The type of and quantity of traffic generated by the industrial activity shall be compatible with permitted retail uses in the district.

f.

Outside activity prohibited. Industrial activity, if permitted, shall be located within a completely enclosed building. There shall be not outside storage, except as specifically permitted in the district in which the use is located.

(Ord. No. H-07-01, § 6.401, 7-24-07)

Hazardous materials storage facilities, including bulk fuel sales, shall be subject to the following:

(1)

Compliance with outside agency standards. Such uses shall comply with current standards established by the U.S. Environmental Protection Agency, the U.S. Department of Agriculture, State of Michigan, county health department, and other county, state or federal agencies with jurisdiction.

(2)

Application information. The applicant shall supply the following documentation with any plan submitted for review:

a.

Discharge. Description of all planned or potential discharge of any type of wastewater to a storm sewer, drain, lake, stream, wetland, other surface water body or into the groundwater.

b.

Data sheets. MSDS (material safety data sheet) information shall be provided to the city for all types of hazardous materials proposed to be stored on-site, including common name, name of chemical components, location, maximum quantity expected on hand at any time, type of storage containers or base material, and anticipated procedure for use and handling.

c.

Work with materials. Description of any transportation, on-site treatment, cleaning of equipment, and storage or disposal of hazardous waste or related containers.

d.

Containment. Description of any secondary containment measures, including design, construction materials and specifications, and security measures.

e.

Records. Description of the process for maintaining and recording of shipping manifests.

(3)

Setbacks and screening. Such uses shall be set back a minimum of five hundred (500) feet from any residential district or use. Such uses shall be screened from all street rights-of-way and abutting residential districts or uses in accordance with subsection 36-392(e), Screening.

(4)

Parking and loading. All parking, loading, and maneuvering space shall be contained within the site. Special consideration shall be given to any potential loading and unloading nuisances on surrounding properties.

(5)

Impact assessment. The proposed use may have significant impacts upon the environment, traffic, infrastructure, or demands for public services that potentially exceed anticipated impacts of other uses permitted in the district. All proposed establishments that include the storage of hazardous materials shall submit a complete, signed industrial activity statement, according to the provisions of section [36-342], industrial activity statement.

The industrial activity statement shall include proposed mitigation measures to be employed, which shall be subject to planning commission approval. The city reserves the right to hire experienced professionals to evaluate the industrial activity statement and prepare additional analyses to ensure public health and safety, with the cost borne by the applicant.

(Ord. No. H-07-01, § 6.402, 7-24-07)

Any industrial operation of unusual intensity or with the potential for significant negative impacts on surrounding uses shall be subject to the following:

(1)

C3, Commercial district standards. Any intensive industrial operation including automobile manufacturing, located in the C-3 district shall be limited to a maximum land area of five (5) acres.

(2)

Setbacks and screening. Such uses shall be set back a minimum of five hundred (500) feet from any residential district or use. Such uses shall be screened from all street rights-of-way and abutting residential districts or uses in accordance with subsection 36-392(e), Screening.

(3)

Parking and loading. All parking, loading, and maneuvering space shall be contained within the site. Special consideration shall be given to any potential loading and unloading nuisances on surrounding properties.

(4)

Impact assessment. The proposed use may have significant impacts upon the environment, traffic, infrastructure, or demands for public services that potentially exceed anticipated impacts of other uses permitted in the district. All proposed establishments that include the storage of hazardous materials shall submit a complete, signed industrial activity statement, according to the provisions of section 36-342, Industrial activity statement.

The industrial activity statement shall include proposed mitigation measures to be employed, which shall be subject to planning commission approval. The city reserves the right to hire experienced professionals to evaluate the industrial activity statement and prepare additional analyses to ensure public health and safety, with the cost borne by the applicant.

(Ord. No. H-07-01, § 6.403, 7-24-07; Ord. No. H-10-07, § IVB, 11-23-10)

(a)

Minimum lot size. The minimum lot size for any junkyard, salvage yard, outdoor junk storage, dismantling, or recycling areas shall be ten (10) acres.

(b)

Location. Such uses shall be located not less than one thousand (1,000) feet from any residential district.

(c)

Screening. Junkyards shall be screened on all sides with a fifty-foot wide greenbelt, planted according to subsection 36-392(d), Greenbelts. A six-foot-high obscuring masonry wall shall be located at the interior boundary of the greenbelt. The wall shall be uniformly painted and maintained in a neat appearance and shall not have any signs or symbols painted on it.

(d)

Surfacing. All roads, driveways, parking lots, and loading and unloading areas shall be paved and provided adequate drainage.

(e)

Permits. All required city, county, and state permits shall be obtained prior to establishing, expanding, or altering such uses.

(f)

Use standards. The applicant must demonstrate that the activities of the junkyard will comply with all state and federal regulations, the requirements of this chapter, and the following:

(1)

No junk vehicles or scrap materials shall be stored above the height of the required wall. Vehicle parts shall not be stored, loaded, unloaded, or dismantled outside the wall enclosing the yard.

(2)

Vehicles or vehicle bodies shall be stored in rows with a minimum twenty-foot wide continuous loop drive separating each row of vehicles.

(3)

All batteries shall be removed and all radiator and fuel tanks drained prior to placing the vehicle in the storage yard. A licensed disposal company shall remove salvaged batteries, oil, and other hazardous substances.

(4)

No vehicle, vehicle bodies, or other materials shall be stored in a manner as to be visible from any residence, business, or street.

(5)

The crushing of vehicles or any part thereof shall be limited to daylight hours. All processes involving the use of equipment for cutting or compressing shall be conducted within a completely enclosed building.

(6)

All junkyards and salvage yards shall be subject to periodic inspection by the city to ensure continuing compliance with the above standards.

(7)

There shall be no burning on site.

(8)

The total lot area occupied by on-site tire storage or disposal facilities shall be limited to a maximum of five (5) percent of the net lot area of the site. All tires stored on-site for more than seventy-two (72) hours shall be cut into pieces to prevent collection of stagnant water.

(Ord. No. H-07-01, § 6.404, 7-24-07)

(a)

Setbacks. Any outdoor storage area shall comply with the minimum setback requirements for the district in which the use is located, and no storage shall be permitted in the front yard.

(b)

Screening. Storage areas shall be screened from all street rights-of-way and abutting uses in accordance with subsection 36-392(e), Screening.

(1)

Additional height. The planning commission may permit the use of a screen wall up to ten (10) feet or fence up to eight (8) feet in height, upon determination that the additional height is necessary to adequately screen the proposed use.

(2)

Compatibility. All screening of outdoor storage areas must be compatible with the district in which the use is located.

(c)

Use standards. All outdoor storage areas shall further comply with the following:

(1)

No materials shall be stored above the height of the required wall or fence.

(2)

No junk or junk vehicles shall be stored, and no trailer, manufactured home, or truck trailer shall be stored or used for storage.

(3)

Stored materials shall be contained to prevent blowing of materials or dust upon adjacent properties and access by small animals. The planning commission may require stored materials to be covered and may impose additional conditions upon the use to minimize adverse impacts on adjacent uses.

(4)

The planning commission may require outside storage areas to be paved or surfaced with hard surface material and may require installation of a storm water drainage system.

(d)

In order to prevent the oversaturation of outdoor storage areas within the local market, to help maintain an inventory of building sites suitable for diverse businesses, and to promote the aesthetic appeal of the city's commercial corridors, no outdoor storage area may be located closer than one thousand (1,000) feet from another outdoor storage area.

(Ord. No. H-07-01, § 6.405, 7-24-07; Ord. No. H-16-01, § 1C, 10-11-16)

(a)

Minimum lot size. All rustproofing, undercoating, and similar automotive maintenance establishments shall have a minimum lot area of fourteen thousand (14,000) square feet.

(b)

Frontage. All rustproofing, undercoating, and similar automotive maintenance establishments shall have a minimum frontage of one hundred forty (140) feet along a major thoroughfare.

(c)

Screening. A six-foot high masonry wall shall be constructed along any rear or interior side lot line wherever vehicles are parked outdoors.

(d)

Use standards.

(1)

No refuse or waste material may be drained into a city sewer. All hazardous materials must be disposed of using customary approved methods and in such a manner as to protect the natural environment and public health.

(2)

All rustproofing, undercoating, and similar automotive maintenance establishments must comply with the performance standards of section 36-341, Performance standards.

(Ord. No. H-07-01, § 6.406, 7-24-07)

(a)

Lot size. The minimum size of a lot used for a self-storage facility shall be five (5) acres.

(b)

Lot coverage. The maximum coverage of all buildings on the lot may not exceed thirty-five (35) percent.

(c)

Access.

(1)

All ingress and egress from the site shall be directly onto a major thoroughfare.

(2)

Access to the self-storage facility premises shall be restricted to tenants only, by use of an attendant, mechanical or electronic locking devices or other entrance-control device.

(d)

Setbacks.

(1)

All buildings and structures shall be set back a minimum of twenty (20) feet from any lot line. Separation between self-storage buildings on the same site shall be at least twenty-five (25) feet in any direction.

(2)

No building or structure shall be located closer than one hundred fifty (150) feet from any abutting property zoned or used for residential purposes.

(3)

A self-storage facility shall not be directly adjacent to property zoned or used for residential purposes on more than one (1) side.

(e)

Circulation.

(1)

All access aisles, parking areas, and walkways on the site shall be graded, drained, hard-surfaced, and maintained in accordance with the standards and specifications of the city.

(2)

Driveways between buildings shall be designed with one (1) ten-foot wide loading/unloading lane and one (1) fifteen-foot travel lane. Other internal circulation routes shall be at least twenty-four (24) feet in width.

(f)

Building dimensions.

(1)

The maximum length of any self-storage building shall be two hundred fifty (250) feet.

(2)

No single-story self-storage building shall exceed fifteen (15) feet in height. One office building and/or caretaker's quarters may be allowed up to twenty-five (25) feet in height.

(g)

Exterior appearance. The exterior of any building associated with a self-storage facility, including storage buildings and a caretaker's residence, shall be of finished quality and design, subject to planning commission approval.

(1)

All buildings shall have pitched roofs with gables. Flat-roof building with appropriate architectural design considerations may be considered by the planning commission as an alternative.

(2)

Buildings shall be oriented so that doors to storage units do not face toward the road, unless such doors will be completely screened from view from the road.

(3)

If a manager's office or caretaker's residence is proposed, it shall be located in front to screen the storage units. Fences or walls shall project no closer to the front of the site than the front of any such office or residence.

(h)

Screening. The entire site shall be enclosed on all sides by a six-foot chain-link fence, except where adjacent to property zoned or used for residential purposes, in which case requirements at subsection 36-392(e), Screening apply. Any screening used must be sufficient to prevent access to the site except through a monitored gate or door.

(i)

Use standards. Except as provided herein, the use of the premises shall be limited to storage only and shall not be used for operating any other business; for maintaining or repairing of any vehicles, recreational equipment or other items; or for any recreational activity, hobby, or purpose other than the storage of personal items and business items.

(1)

Permitted uses.

a.

Storage of household goods and non-hazardous commercial goods.

b.

Retail sales. Limited retail sales to tenants of products and supplies incidental to the principal use, such as packing materials, packing labels, tape, rope, protective covers, and locks and chains shall be permitted on the site devoted to this use.

c.

Manager's office or caretaker's residence. A manager's office or caretaker's residence shall be permitted accessory to a self-storage warehouse, in accordance with the following:

1.

A manager's office shall be an integral part of either a storage building or a caretaker's residence.

2.

An accessory dwelling unit within the principal building shall be subject to the requirements of section 36-141, Accessory dwellings.

3.

A detached single-family dwelling located on the same lot with the principal use shall be subject to the requirements of section 36-149, Single-family and two-family dwellings, and the area, height, and bulk requirements for the R1-60, single-family residential district as specified in article V, district regulations.

(2)

Prohibited uses.

a.

Outdoor storage. No storage of property or vehicles outside of the self-storage buildings shall be permitted.

b.

Vehicle sales or rental. There shall be no retail sales or rental of vehicles either from within or outside of a storage building.

c.

Hazardous materials. No separate storage of combustible or flammable liquids, combustible fibers, toxic materials, or explosive materials as defined in the fire prevention code shall be permitted within the self-storage buildings or upon the premises.

1.

A lease agreement between the lessee and lessor shall state that no flammable, combustible or toxic material shall be stored or used on premises, and that the property shall be subject to periodic and unannounced inspections for flammable, toxic, and other hazardous materials by city officials.

(j)

Fire control. Fire hydrants and fire suppression devices shall be provided, installed, and maintained in compliance with the city's fire control measures.

(Ord. No. H-07-01, § 6.407, 7-24-07)

(a)

Access. Vehicle access to local streets shall be prohibited.

(b)

Setbacks. Truck terminals and any loading dock area shall be set back a minimum of two hundred (200) feet from any residential district or use.

(c)

Traffic. A traffic impact study may be required by the planning commission, per subsection 36-395(11), Transportation impact studies.

(d)

Parking and loading. All parking, loading, and maneuvering space shall be contained within the site. Special consideration shall be given to any potential loading and unloading nuisances on surrounding properties.

(e)

Screening. Truck and trailer parking areas shall be screened from all street rights-of-way and abutting uses, and screening shall be required on side or rear lot lines abutting a residential district or use, in accordance with subsection 36-392(e), Screening.

(Ord. No. H-07-01, § 6.408, 7-24-07)

(a)

Access. Sites shall have frontage on a major thoroughfare. Vehicle access to local streets shall be prohibited.

(b)

Screening. The cemetery shall be screened from abutting residential districts or existing residential uses, and secured by a continuous fence or wall, per subsection 36-392(e), Screening.

(c)

Setback. All crypts, mausoleums, and other buildings containing bodies or remains, other than a subterranean grave, shall be located at least one hundred (100) feet from the nearest lot boundary.

(d)

Continuity. The location of such facility shall not disrupt the convenient provision of utilities to adjacent lots.

(e)

Master plan. Any crematorium, mausoleum, columbarium, or other building shall be designed and located in accordance with a cemetery master plan, which shall be subject to planning commission approval.

(f)

Compliance. An approved cemetery shall comply with all federal, state and local laws, and applicable regulations of the State of Michigan.

(Ord. No. H-07-01, § 6.501, 7-24-07)

(a)

Minimum lot width and area. A church or other place of worship shall be located on a lot having a width of not less than one hundred fifty (150) feet and having an area of not less than two (2) acres.

(b)

Access. Sites shall have frontage on a major thoroughfare. Vehicle access to local streets shall be prohibited.

(c)

Parking setback. Off-street parking shall be prohibited in the front setback area and within fifteen (15) feet of the rear or side lot line.

(d)

Building setback. All buildings shall be set back a minimum of seventy-five (75) feet from the front lot line and twenty-five (25) feet from the side or rear lot line.

(e)

Landscaping. Churches and other places of worship shall comply with the landscaping requirements for nonresidential uses in residential areas.

(Ord. No. H-07-01, § 6.502, 7-24-07)

(a)

Lot size. Regulation length eighteen-hole golf courses shall have a minimum lot size of one hundred sixty (160) acres, of which a minimum of one hundred ten (110) acres of usable land shall be allocated in fairways, roughs, and greens. Nine-hole courses with regulation length fairways shall have a minimum lot size of ninety (90) acres. Eighteen-hole par-3 courses shall have a minimum lot size of fifty (50) acres.

(b)

Setbacks and fairway width. The principal and accessory buildings shall be set back at least one hundred (100) feet from all property lines. Fairways and driving ranges shall have sufficient width and shall be oriented in such a manner and set back a sufficient distance to prevent golf balls from being hit outside the perimeter of the golf course. The minimum width for fairways shall be one hundred (100) yards, subject to review by the planning commission. Fairways shall be designed so that existing or future dwelling units are located a minimum of two hundred (200) feet from the center of the fairway.

(c)

Access. Golf courses and country clubs shall have direct access onto a major thoroughfare.

(d)

Shelter buildings. At least one (1) shelter building with toilet facilities shall be provided per nine (9) holes. The shelter shall meet all applicable state and local health and building code requirements.

(e)

Special use requirements for outdoor recreation facilities. Golf courses shall comply with the requirements for outdoor recreation facilities in section 36-217.

(Ord. No. H-07-01, § 6.503, 7-24-07)

(a)

Lot size. The minimum lot size for a driving range shall be five (5) acres.

(b)

Minimum dimensions and setbacks. Driving ranges shall have sufficient width and length and shall be designed in such a manner as to prevent golf balls from being hit outside the perimeter of the driving range.

(1)

Range length. The minimum length of the driving range shall be three hundred fifty (350) yards, measured from the tee to the end of the range.

(2)

Tee setbacks. Tees shall be set back at least fifty (50) yards from each side property line, unless the applicant can demonstrate that golfers will be oriented toward the center of the range so that golf balls will not be hit beyond the side property lines.

(c)

Screening or slopes. The planning commission may require a landscaped buffer or fencing along the perimeter to screen the driving range from adjacent properties or to prevent balls from being hit outside of the driving range. Screening shall comply with the standards in subsection 36-392(e), Screening. The planning commission may also require that the sides of the driving range slope upward and be rough mowed so as to intercept stray golf balls.

(d)

Special use requirements for outdoor recreation facilities. Driving ranges shall comply with the requirements for outdoor recreation facilities in section 36-217.

(Ord. No. H-07-01, § 6.505, 7-24-07)

(a)

Minimum lot area. The minimum lot size for hospitals shall be two (2) acres.

(b)

Frontage and access. Hospitals shall have frontage on, and direct vehicle access to a major thoroughfare. In no case shall access to a hospital be off a residential street.

(c)

Setbacks. The principal building and all accessory buildings shall be set back a minimum of fifty (50) feet from all property lines. The minimum setback shall be increased twenty (20) feet for each story in excess of two (2) stories.

(d)

Accessory uses. Accessory uses, such as a pharmacy, gift shop, cafeteria, place of worship, and similar uses, shall be allowed within the principal building to serve the needs of patients, employees, and visitors.

(e)

Screening. Ambulance parking, emergency room and urgent care entrances, and loading areas shall be effectively screened from adjacent residential districts or existing residential uses per subsection 36-392(e), Screening.

(f)

State and federal regulations. Hospitals shall be constructed, maintained, and operated in conformance with applicable state and federal laws.

(Ord. No. H-07-01, § 6.505, 7-24-07)

(a)

Setbacks. Indoor recreation uses shall be set back a minimum of one hundred (100) feet from any property line.

(b)

Access. Indoor recreation uses shall have direct access onto a major thoroughfare.

(c)

Adverse impacts. The location, design, and operation of an indoor recreation use shall not adversely affect the continued use, enjoyment, and development of adjacent properties. In considering this requirement, particular attention shall be focused on the adverse impact resulting from loitering on the premises.

(d)

Arcades as accessory uses. Amusement arcades accessory to an indoor recreation facility shall comply with the following requirements:

(1)

The arcade facilities shall be clearly incidental to the principal use on the site.

(2)

The arcade facilities shall be accessible only from within the building which contains the principal use. The arcade shall have no direct means of access to the exterior of the building.

(3)

The arcade shall operate only during the hours when the principal use is open for business.

(4)

Where arcades are permitted as an accessory use to an eating or drinking establishment or private club or lodge, there shall be no more than one (1) arcade for each thirty (30) persons permitted at one (1) time, based on the occupancy load established by local code.

(Ord. No. H-07-01, § 6.506, 7-24-07)

(a)

General requirements.

(1)

Setbacks. Principal and accessory buildings shall be set back at least one hundred (100) feet from all property lines, unless otherwise specified herein.

(2)

Access. Outdoor recreation uses shall have direct access onto a major thoroughfare.

(3)

Impact on surrounding properties. The location, layout, design, or operation of outdoor recreation facilities shall not impair the continued enjoyment, use, and future orderly development of adjacent and nearby properties. The planning commission may specify the hours of operation in order to assure compatibility with adjacent uses.

(4)

Nuisance impacts. Outdoor recreation uses shall not generate excessive noise, odors, dust, or other impacts, such that the continued use and enjoyment of adjacent properties would be impaired.

(5)

Parking. All parking for outdoor recreation uses shall be provided in off-street parking lots, which shall be designed in accordance with section 36-366, Design requirements.

(6)

Lighting. Lighting for outdoor recreation uses shall comply with the requirements in article XII, Exterior lighting.

(7)

Screening. Outdoor recreation uses shall be screened from view from adjacent property zoned or used for residential purposes, in accordance with subsection 36-392(e), Screening.

(8)

Accessory retail facilities. Accessory retail or commercial facilities, such as food and beverage facilities or equipment shops, shall be designed to serve only the patrons of the outdoor recreation facility, unless otherwise listed as a permitted use in the district in which the facility is located.

(b)

Swimming pools. Any outdoor swimming pool shall be subject to the following:

(1)

Enclosure. Outdoor swimming pools in single-family districts shall be enclosed within a four-foot high fence; a six-foot high fence shall be required in all other districts. Entry shall be by means of a self-closing, self-latching gate. The latch shall be on the inside so that it is not readily available for children to open. Gates shall be securely locked when the pool is not in use.

(2)

Setbacks. Swimming pools in single-family districts shall comply with the front and side setback requirements for the district in which they are located, and shall be located no closer than ten (10) feet to the rear property line. In all other districts swimming pools shall be set back a minimum distance of sixty (60) feet from all property lines. In no case shall a swimming pool be located in an easement or right-of-way.

(3)

Distance from buildings. Swimming pools shall be located a minimum of four (4) feet from any building on the same parcel. Swimming pools in single-family districts shall be located a minimum of thirty-five (35) feet from the nearest edge of a residence on an adjoining lot.

(4)

Swimming pool clubs. Swimming pool clubs in residential districts shall be incorporated as nonprofit organizations and shall be maintained and operated for the exclusive use of members and their guests. Membership shall be limited by subdivision or another clearly-defined geographic area as specified in the club's articles of incorporation.

(Ord. No. H-07-01, § 6.507, 7-24-07)

(a)

Screening. The type and amount of screening required for public utility facilities, including telephone exchanges, electric transformer stations and substations, gas regulator stations, and water or wastewater treatment plants, shall be subject to approval by the planning commission based on an analysis of the potential effects of the use on surrounding property.

(b)

Outdoor storage. No outdoor storage yards shall be permitted in any residential or commercial district.

(c)

Necessity. The application for the public utility use must include evidence of the necessity for the use at the proposed location.

(Ord. No. H-07-01, § 6.508, 7-24-07)

(a)

Access. Sites shall have frontage on a major thoroughfare. Vehicle access to local streets shall be prohibited.

(b)

Screening. Screening shall be provided in accordance with subsction 36-392(e), Screening, where the site abuts a residential district or use.

(c)

Traffic impacts. A traffic impact study may be required by the planning commission, per subsection 36-395(11), Transportation impact studies, for facilities that have a seating capacity of over five hundred (500) persons.

(Ord. No. H-07-01, § 6.509, 7-24-07)

(a)

All adult regulated uses, as defined in section 36-37, Definitions, shall be subject to the following:

(1)

Site location. Adult regulated uses are prohibited from locating within one thousand (1,000) feet of a residential zoning district, a church or other place of worship, a school or licensed day care facility, or an existing adult regulated use within the city or surrounding jurisdictions. Measurement shall be made from the edge of the building in which the proposed adult regulated use will be operated.

(2)

Site development requirements.

a.

Compatibility with surroundings. The site layout, setbacks, structures, function, and overall appearance shall be compatible with adjacent uses and structures.

b.

Signs and displays. The building and premises shall be designed and constructed so that material depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined in section 36-37, Definitions, cannot be observed by pedestrians or from vehicles on any public right-of-way. This provision shall apply to any display, decoration, sign, show window, or other opening. All displays and signs shall be in conformance with this chapter.

c.

Doors and windows. All building entries, windows, and other such openings shall be located, covered, or screened in such a manner as to prevent viewing into the interior from any public or semi-public area as determined by the planning commission.

d.

Noise. No loudspeakers or sound equipment shall be permitted to project sound anywhere outside of a building or structure on the site.

e.

Notice of exclusion of minors. An adult regulated use shall clearly post notification at the entrance to the business, or any portion of the business utilized for adult only use, that minors are excluded.

f.

Freestanding building required. An adult regulated use shall be located in a freestanding building. A shared or common wall structure or shopping center is not considered to be a freestanding building.

g.

Cabaret stages. Adult cabarets (as defined in section 36-37, Definitions) are required to include a stage raised at least three (3) feet from the viewing floor, with a barrier of at least two (2) feet at the edge of the stage. A person is in violation of the ordinance if he or she permits an entertainer off of the stage or permits a customer on the stage.

(3)

Use regulations.

a.

Residential use prohibited. No person shall reside in or permit a person to reside in the premises of an adult regulated use.

b.

Posted notice of services. No person shall operate an adult regulated use unless there is conspicuously placed, in a room where such business is carried on, a notice indicating the process for all services performed therein. No person operating or working at such a place of business shall solicit or accept any fees except those indicated on any posted notice.

c.

Minors restricted. The owners, operators, or persons in charge of an adult regulated use shall not allow entrance into such building or any portion of a building used for such use to any person under the age of eighteen (18) years.

d.

Permits required. No person shall operate an adult entertainment use or sexually oriented business without obtaining a current zoning and building occupancy permit. Such licenses shall be issued by the city following an inspection to determine compliance with the relevant ordinances of the city. Such license shall be subject to all regulations of federal, state, and local governments.

e.

Leasing. No person shall lease or sublease, nor shall anyone become the lessee or sub-lessee of, any property for the purpose of using said property for an adult regulated use without the express written permission of the owner of the property for such use and only upon having obtained the appropriate licenses and permits from the city, the county, and the State of Michigan.

(4)

Limit on reapplication. No application for an adult regulated use that has been denied wholly or in part shall be resubmitted for a period of one (1) year from the date of the order of denial, except on the grounds of new evidence not previously considered or proof of a change in conditions from the original request.

(b)

Uses not interpreted as adult regulated uses. The following uses shall not be interpreted as included within the definition of adult regulated uses or sexually-oriented businesses:

(1)

Hospitals, nursing homes, medical clinics, or medical offices.

(2)

Establishments that provide services, as the principal use, by a licensed physician, chiropractor, physical therapist, nurse practitioner, or any similarly licensed or certified medical professional.

(3)

Establishments that offer massages performed exclusively by certified massage therapists, subject to section 36-172, Therapeutic massage.

(4)

Electrolysis treatment by a licensed operator of electrolysis equipment.

(5)

Gymnasiums, fitness centers, and health clubs.

(6)

Continuing instruction in martial arts, performing arts, or in organized athletic activities.

(7)

Adult photography studios whose business activity does not include the taking of photographs of "specified anatomical areas," as defined in section 36-37, Definitions.

(Ord. No. H-07-01, § 6.601, 7-24-07)

The following regulations shall apply to kennel establishments that are not part of a licensed veterinary/animal clinic operation:

(1)

Private kennels. Private kennels to house only the animals owned by the occupant of the dwelling unit shall be permitted subject to the following:

a.

Lot size. The lot on which any such kennel is located shall be a minimum of one (1) acre in size.

b.

Number of animals. No more than six (6) animals over the age of six (6) months shall be housed in a private kennel.

c.

Breeding. Breeding of animals shall be restricted to no more than two (2) litters per year.

d.

Setbacks. Buildings in which animals are kept, animal runs, and exercise areas shall not be located in any required front, side, or rear yard setback area, and shall be located at least one hundred (100) feet from any dwellings or buildings used by the public on adjacent property.

e.

Kennels prohibited in subdivisions. Regardless of lot size, private kennels shall not be permitted in platted subdivisions or site condominium developments.

(2)

Commercial kennels. Commercial kennels shall be permitted subject to the following:

a.

Operation. Any such kennel shall be subject to all permit and operational requirements established by county and state regulatory agencies.

b.

Lot size. The lot on which any such kennel is located shall be a minimum of two (2) acres in size. If more than four (4) animals are housed in the kennel, an additional one (1) acre shall be required for every additional ten (10) animals (or fraction thereof).

c.

Setbacks. Buildings in which animals are kept, animal runs, and exercise areas shall not be located in any required front, side, or rear yard setback area, and shall be located at least two hundred (200) feet from any property line.

d.

Sound control. All animals shall be contained in a building which is fully soundproofed, using insulation, soundboards, and acoustic tile.

e.

Odor control. Non-absorbent surfaces (such as sealed concrete or ceramic tile) shall be used throughout the kennel. Dog waste shall be power flushed or otherwise removed on a regular schedule, but no less than four (4) times daily.

f.

Kennels prohibited in subdivisions. Regardless of lot size, commercial kennels shall not be permitted in platted subdivisions or site condominium developments.

(3)

Screening. Structures where animals are kept, outdoor runs, and exercise areas shall be screened in accordance with subsection 36-392(e), Screening, and shall have impervious surfaces and an approved system for runoff, waste collection, and disposal.

(4)

Use standards. Animals shall not be kept or quartered outside of the buildings between 8:00 p.m. and 8:00 a.m. All structures and ventilation systems used for kennel purposes shall be constructed to prevent noise and odors from reaching the building exterior. Kennels shall be kept clean, and waste shall be treated and handled in such a manner as to control odor and flies.

(5)

Other conditions. Kennels and animal shelters shall be subject to all permit and operational requirements established by county and state regulatory agencies. The planning commission may impose other conditions and limitations deemed necessary to prevent or mitigate possible nuisances related to noise or odor.

(Ord. No. H-07-01, § 6.602, 7-24-07)

(a)

Lot size. The minimum lot size for RV storage yards shall be one (1) acre.

(b)

Enclosure. Any RV storage yard shall be enclosed by a five-foot-high fence to prevent unauthorized access to the yard.

(Ord. No. H-07-01, § 6.603, 7-24-07)

(a)

Permit required. All solar collectors which are to be constructed, placed, or established in the open and not contained within a building in any zoning district shall be considered structures subject to the provisions and terms of the zoning ordinance of the city; and a permit for such installation shall be obtained from the building and engineering department prior to the installation of any solar collector.

(b)

Application procedure. Applications for a permit to install a solar collector shall be submitted to the building and engineering department. The application shall include a site plan showing the following:

(1)

Size and proposed location of the solar collector, including location of any buildings on the site and on any contiguous lot,

(2)

A picture or sketch of all the elements of the solar collector which would be exposed to view from adjacent properties,

(3)

Dimensions of all buildings,

(4)

Lot lines, and

(5)

Setback lines as established in the zoning regulations.

(c)

Design standards. Only one (1) solar collector may be permitted per lot, subject to compliance with the following design standards:

(1)

Maximum size. Solar collectors may be not more than four (4) feet by eight (8) feet (except flush-mounted wall or roof collectors).

(2)

Maximum height. A solar collector shall comply with height limits of the zoning district in which it is located, with the exception of flush mounted solar collectors.

(3)

Location. A ground-mounted solar collector shall be located only in the rear yard space between the rear lot line and rear building line of the principal building on the site. A solar collector may not be located in any required side yard.

(4)

Roof mounting. Roof installation is permitted only if the solar collector and support structures are not visible from any part of the public street right-of-way abutting the front lot line at a six-foot height of vision. Flush-mounted wall or roof collectors are exempted from this requirement.

(5)

Screening. Ground installation on a pedestal or other type of support shall provide landscaping and fencing insofar as possible to screen the solar collector from adjacent properties.

(6)

Lot coverage. A ground-mounted solar collector shall be considered in calculating compliance with lot coverage limits in zoning ordinance.

(7)

Enclosure of solar collectors. All solar collectors mounted on a roof shall be totally enclosed to reduce wind dislocation and for efficiency of operation (e.g., heat loss).

(d)

Engineering approval required. No solar energy system shall be made operational until the building and engineering director shall certify in writing that both construction plans and final construction of the solar collector meet the requirements of this section and the building code and afford safety to the public at time of high winds.

(e)

Review procedure. All applications for installation of solar collectors shall be subject to administrative review as provided in subsection 36-493(b), Administrative review. Upon approval of the application, the building official shall issue a permit for the construction of the solar collector.

(f)

Prior nonconforming installation. Solar collectors in existence on the effective date of this ordinance (H-07-01) and not in compliance with the provisions of this section shall be deemed to be nonconforming and shall not be moved or relocated without securing a permit for installation as provided in this section.

(Ord. No. H-07-01, § 6.604, 7-24-07)

(a)

Subject to approval. Installation of temporary buildings, construction trailers, or temporary sales offices associated with construction or development projects shall be subject to zoning approval per section 36-4, Zoning compliance certificate.

(b)

Required provisions. Adequate provisions shall be made for emergency vehicle access, off-street parking and loading, drainage, and soil erosion control.

(c)

Timing. Temporary construction buildings shall not be erected for more than ninety (90) calendar days in any district unless a site plan has been approved by the city for the project. After site plan approval, such buildings shall not remain on the site for more than twelve (12) months. Such buildings shall be removed from the site before a final certificate of occupancy is issued for the primary building, or upon final completion of the development project as determined by the building official.

(d)

Performance guarantee. The applicant may be required to furnish a performance guarantee, per section 36-7, Fees and performance guarantees, in an amount equal to the estimated cost of removing and disposing of the temporary buildings, construction trailers, or temporary sales offices (five hundred ($500.00) minimum). The guarantee shall be returned upon verification by the building official that the temporary construction facilities have been removed from the premises.

(Ord. No. H-07-01, § 6.605, 7-24-07)

(a)

Intent. The purpose of this section is to establish guidelines for siting wind energy turbines (WETs). The goals are as follows:

(1)

To promote the safe, effective and efficient use of a WET in order to reduce the consumption of fossil fuels in producing electricity.

(2)

Preserve and protect public health, safety, welfare and quality of life by minimizing the potential adverse impacts of a WET.

(3)

To establish standards and procedures by which the siting, design, engineering, installation, operation and maintenance of a WET shall be governed.

(b)

Definitions. For purposes of this article, the following items shall be defined as stated:

(1)

Ambient sound level: The amount of background noise at a given location prior to the installation of a WET(s) which may include, but is not limited to, traffic, machinery, lawnmowers, human activity and the interaction of wind with the landscape. The ambient sound level is measured on the dB(A) weighted scale as defined by the American National Standards Institute.

(2)

Anemometer: Temporary wind speed indicator constructed for the purpose of analyzing the potential for utilizing a wind energy turbine at a given site. This includes the tower, base plate, anchors, cables and hardware, wind direction vanes, booms to hold equipments, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

(3)

Decommissioning: The process of terminating operation and completely removing a WET(s) and all related buildings, structures, foundations, access roads and equipment.

(4)

Medium Wind Energy Turbine (MWET): Tower-mounted wind energy system that converts wind energy into electricity through the use of equipment which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other components used in this system. The MWET has a nameplate capacity that does not exceed two hundred fifty (250) kilowatts. The total height exceeds one hundred (100) feet and the total capacity exceeds thirty (30) kilowatts. The total height does not exceed one hundred fifty (150) feet.

(5)

Nacelle: Refers to the encasement which houses all of the generating components, gear box, drive tram and other equipment.

(6)

Net-metering: Special metering and billing agreement between utility companies and their customers, which facilitates the connection of renewable energy generating systems to the power grid.

(7)

Operator: Entity responsible for the day-to-day operation and maintenance of a WET.

(8)

Rotor Diameter: Cross-sectional dimension of the circle swept by the rotating blades of a WET.

(9)

Shadow flicker: The moving shadow, created by the sun shining through the rotating blades of a WET. The amount of shadow flicker created by a WET is calculated by a computer model that takes into consideration turbine location, elevation, tree cover, location of all structures, wind activity and sunlight.

(10)

Small tower-mounted wind energy turbine (STMWET): Tower-mounted wind energy system that converts wind energy into electricity through the use of equipment which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other components used in this system. The STMWET has a nameplate capacity that does not exceed thirty (30) kilowatts. The total height does not exceed one hundred (100) feet.

(11)

Small structure-mounted wind energy turbine (SSMWET): Converts wind energy into electricity through the use of equipment which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other components used in this system. A SSMWET is attached to a structure's roof, walls or other elevated surface. The SSMWET has a nameplate capacity that does not exceed ten (10) kilowatts. The total height does not exceed fifteen (15) feet as measured from the highest point of the roof, excluding chimneys, antennae and other similar protuberances.

(12)

Total height: The vertical distance measured from the ground level at the base of the tower to the uppermost vertical extension of any blade, or the maximum height reached by any part of the WET.

(13)

Tower: Freestanding monopole that supports a WET.

(14)

Wind energy turbine (WET): Any structure-mounted, small, medium or large wind energy conversion system that converts wind energy into electricity through the use of a wind generator and includes the nacelle, rotor, tower and pad transformer, if any.

(c)

Applicability. This section applies to all WETs proposed to be constructed after the effective date of this section. All WETs constructed prior to the effective date of this section shall not be required to meet the requirements of this section; however, any physical modification to an existing WET that materially alters the size, type, equipment or location shall require a permit under this section.

(d)

Wind energy principal permitted uses. A small structure-mounted wind energy turbine (SSMWET) and a small tower-mounted wind energy turbine (STMWET) shall be considered a permitted use in all zoning districts and shall not be erected, constructed, installed or modified as provided in this section unless administrative approval from the planning division and appropriate building permits have been issued to the owner(s) or operator(s). All SSMWETs and STMWETs are subject to the following minimum requirements:

(1)

Siting and design requirements.

A.

"Upwind" turbines shall be required.

B.

Visual appearance.

1.

A SSMWET or STMWET, including accessory buildings and related structures shall be a non-reflective, non-obtrusive color (e.g. white, gray, black). The appearance of the turbine, tower and any ancillary facility shall be maintained throughout the life of the SSMWET or STMWET.

2.

A SSMWET or STMWET shall not be artificially lighted, except to the extent required by the FAA or other applicable authority, or otherwise necessary for the reasonable safety and security thereof.

3.

A SSMWET or STMWET shall not be used for displaying any advertising (including flags, streamers or decorative items), except for reasonable identification of the turbine manufacture.

C.

Ground clearance: The lowest extension of any blade or other exposed moving component of the SSMWET or STMWET shall be at least fifteen (15) feet above the ground (at the highest point of the natural grade within thirty (30) feet of the base of the tower) and, in addition, at least fifteen (15) feet above any outdoor surfaces intended for human use, such as balconies or roof gardens, that are located directly below the SSMWET or STMWET.

D.

Noise: Noise emanating from the operation of a SSMWET(s) shall not exceed, at any time, the lowest ambient sound level that is present between the hours of 9:00 p.m. and 9:00 a.m. at any property line of a residential use parcel or from the property line of parks, schools, hospitals or churches. Noise emanating from the operation of a SSMWET or STMWET shall not exceed, at any time, the lowest ambient noise level plus five (5) dBA that is present between the hours of 9:00 p.m. and 9:00 a.m. at any property line of a non-residential use parcel.

E.

Vibration: Vibrations shall not be produced which are humanly perceptible beyond the property on which a SSMWET or STMWET is located.

F.

Guy wires: Guy wires shall not be permitted as part of the SSMWET or STMWET.

G.

In addition to the siting and design requirements listed previously, the SSMWET shall also be subject to the following:

1.

Height: The height of the SSMWET shall not exceed fifteen (15) feet as measured from the highest point of the roof, excluding chimneys, antennae and other similar protuberances.

2.

Setback: The setback of the SSMWET shall be a minimum of fifteen (15) feet from the property line, public right-of-way, public easement or overhead utility lines if mounted directly on a roof or other elevated surface of a structure. If the SSMWET is affixed by extension to the side, roof or other elevated surface, then the setback from the property lines or public right-of-way shall be a minimum of fifteen (15) feet. The setback shall be measured from the furthest outward extension of all moving parts.

3.

Location: The SSMWET shall not be affixed to the side of a structure facing a road.

4.

Quantity: No more than two (2) SSMWETs shall be installed on any parcel of property.

5.

Separation: If more than one SSMWET is installed, a distance equal to the height of the highest SSMWET must be maintained between the base of each SSMWET.

H.

In addition to the siting and design requirements listed previously, the STMWET shall also be subject to the following:

1.

Height: The total height of a STMWET in any nonresidential district shall not exceed one hundred (100) feet. In any residential district, the total height of a STMWET shall not exceed sixty (60) feet. The total height of a STMWET in any residential district may be increased to a height not to exceed one hundred (100) feet upon submission of an approved wind resource study documenting a forty-seven (47) percent increase in the average wind speed at the proposed height over the average wind speed at the established total height limitation of sixty (60) feet. An approved study will require measurements taken at the proposed site of the STMWET spanning a time period of at least one (1) year.

2.

Location: The STMWET shall only be located in the rear yard of a property that has an occupied building. In the case of a double-frontage lot, the STMWET may be located in an interior side yard.

3.

Occupied building setback: The setback from all occupied buildings on the applicant's parcel shall be a minimum of twenty (20) feet measured from the base of the tower.

4.

Other setbacks: The setback shall be equal to the total height of the STMWET as measured from the base of the tower, from the property line, public right-of-way, public easement or overhead utility lines. This setback may be reduced if the applicant provides a registered engineer's certification that the WET is designed to collapse, fall, curl or bend within a distance or zone shorter than the height of the wind turbine.

5.

Quantity: No more than one (1) STMWET shall be installed on any parcel of property.

6.

Electrical system: All electrical controls, control wiring, grounding wires, power lines and system components shall be placed underground within the boundary of each parcel at a depth designed to accommodate the existing land use to the maximum extent practicable. Wires necessary to connect the wind generator to the tower wiring are exempt from this requirement.

(2)

Application requirements. The following information should be submitted with the proposed site plan.

A.

Documented compliance with the noise requirements set forth in this section. Said documentation shall require, at a minimum, data reflecting ambient sound measurements taken over a two-week period, which shall include the location on the property where the measurements were taken. The method of measuring ambient sound levels and the location on the property where the measurements will be taken shall be approved by the city prior to the collection of the data.

B.

Documented compliance with applicable local, state and national regulations including but not limited to, all applicable safety, construction, environmental, electrical, communications and FAA requirements.

C.

Proof of applicant's liability insurance.

D.

Evidence that the utility company has been informed of the customer's intent to install an interconnected, customer-owned generator and that such connection has been approved. Off-grid systems shall be exempt from this requirement.

E.

The STMWET application shall also include the following: A description of the methods that will be used to perform maintenance on the STMWET and the procedures for lowering or removing the STMWET in order to conduct maintenance.

(3)

Safety requirements.

A.

If the SSMWET or STMWET is connected to a public utility system for net metering purposes, it shall meet the requirements for interconnection and operation as set forth in the public utility's then-current service regulations meeting federal, state and industry standards applicable to wind power generation facilities, and the connection shall be inspected by the appropriate public utility.

B.

The SSMWET or STMWET shall be equipped with an automatic braking, governing or feathering system to prevent uncontrolled rotation, over-speeding and excessive pressure on the tower structure, rotor blades and other wind energy components unless the manufacturer certifies that a braking system is not necessary.

C.

A clearly visible warning sign regarding voltage shall be placed at the base of the SSMWET or STMWET.

D.

The structural integrity of the SSMWET or STMWET shall conform to the design standards of the International Electrical Commission, specifically IEC 61400-1, "Wind Turbine Safety and Design" and or IEC 61400-23 "Blade Structural Testing," or any similar successor standards.

(4)

Signal interference. The SSMWET or STMWET shall not interfere with communication systems such as, but not limited to, radio, telephone, television, satellite or emergency communication systems.

(5)

Decommissioning.

A.

The SSMWET or STMWET owner(s) or operator(s) shall complete decommissioning within twelve (12) months after the end of the useful life. Upon request of the owner(s) or assigns of the SSMWET of STMWET, and for a good cause, the city council may grant a reasonable extension of time. The SSMWET or STMWET will presume to be at the end of its useful life if no electricity is generated for a continuous period of twelve (12) months. All decommissioning expenses are the responsibility of the owner(s) or operator(s).

B.

If the SSMWET or STMWET owner(s) or operator(s) fails to complete decommissioning within the period prescribed above, the city council may designate a contractor to complete decommissioning with the expense thereof to be charged to the violator and/or to become a lien against the premises. If the SSMWET or STMWET is not owned by the property owner, a bond must be provided to the city for the cost of decommissioning each SSMWET or STMWET.

C.

In addition to the decommissioning requirements listed above, the STMWET shall also be subject to the following:

1.

Decommissioning shall include the removal of each STMWET, buildings, electrical components and any other associated facilities. Any foundation shall be removed to a minimum depth of sixty (60) inches below grade, or to the level of the bedrock if less than sixty (60) inches below grade.

2.

The site and any disturbed earth shall be stabilized, graded and cleared of any debris by the owner(s) of the facility or its assigns. If the site is not to be used for agricultural practices following removal, the site shall be seeded to prevent soil erosion.

(e)

Wind energy principal permitted uses subject to special conditions. A medium wind energy turbine (MWET) shall be considered a principal permitted use subject to special conditions in the following districts: I-1 (light industrial), I-2 (general industrial) and OST (office service technology). A MWET shall not be erected, constructed, installed or modified as provided in this section unless city council approval has been granted after a recommendation from the planning commission and appropriate building permits have been issued to the owner(s) or operator(s). All MWETs are subject to the following minimum requirements:

(1)

Siting and design requirements.

A.

"Upwind" turbines shall be required.

B.

The design of a MWET shall conform to all applicable industry standards.

C.

Visual appearance.

1.

Each MWET, including accessory buildings and related structures shall be mounted on a tubular tower and a non-reflective, non-obtrusive color (e.g. white, gray, black). The appearance of turbines, towers and buildings shall be maintained throughout the life of the MWET.

2.

Each MWET shall not be artificially lighted, except to the extent required by the FAA or other applicable authority, or otherwise necessary for the reasonable safety and security thereof.

3.

A MWET shall not be used for displaying any advertising (including flags, streamers or decorative items), except for reasonable identification of the turbine manufacture.

D.

Vibration: Each MWET shall not produce vibrations humanly perceptible beyond the property on which it is located.

E.

Shadow flicker: The MWET owner(s) and/or operator(s) shall conduct an analysis on potential shadow flicker at any occupied building with direct line-of-sight to the MWET. The analysis shall identify the locations of shadow flicker that may be caused by the project and the expected durations of the flicker at these locations from sun-rise to sun-set over the course of a year. The analysis shall identify situations where shadow flicker may affect the occupants of the buildings for more than thirty (30) hours per year and describe measures that shall be taken to eliminate or mitigate the problems. Shadow flicker on a building shall not exceed thirty (30) hours per year.

F.

Guy wires: Guy wires shall not be permitted as part of the MWET.

G.

Electrical system: All electrical controls, control wiring, grounding wires, power lines and all other electrical system components of the MWET shall be placed underground within the boundary of each parcel at a depth designed to accommodate the existing land use to the maximum extent practicable. Wires necessary to connect the wind generator to the tower wiring are exempt from this requirement.

H.

Location: If an MWET is located on an agricultural, commercial, industrial or public property that has an occupied building it shall only be located in the rear yard. In the case of a double frontage lot, the MWET may be located in an interior side yard. The MWET shall only be located in a general common element in a condominium development.

I.

Height: The total height of an MWET shall not exceed one hundred fifty (150) feet.

J.

Ground clearance: The lowest extension of any blade or other exposed moving component of a MWET shall be at least fifteen (15) feet above the ground (at the highest point of the grade level within fifty (50) feet of the base of the tower) and, in addition, at least fifteen (15) feet above any outdoor surfaces intended for human occupancy, such as balconies or roof gardens, that are located directly below the MWET.

K.

Noise: Noise emanating from the operation of a MWET shall not exceed, at any time, the lowest ambient sound level that is present between the hours of 9:00 p.m. and 9:00 a.m. at any property line of a residential or agricultural use parcel or from the property line of parks, schools, hospitals and churches. Noise emanating from the operation of a MWET(s) shall not exceed, at any time, the lowest ambient noise level plus five (5) dBA that is present between the hours of 9:00 p.m. and 9:00 a.m. at any property line of a non-residential or non-agricultural use parcel.

L.

Quantity: No more than one (1) MWET shall be installed for every two and one-half (2.5) acres of land included in the parcel.

M.

Setback and separation:

1.

Occupied building setback: The setback from all occupied buildings on the applicant's parcel shall be a minimum of twenty (20) feet measured from the base of the tower.

2.

Property line setbacks: With the exception of the locations of public roads (see below) and parcels with occupied buildings (see above), the internal property line setbacks shall be equal to the total height of the MWET as measured from the base of the tower. This setback may be reduced to a distance agreed upon as part of the special use permit if the applicant provides a registered engineer's certification that the WET is designed to collapse, fall, curl or bend within a distance or zone shorter than the height of the WET.

3.

Public road setbacks: Each MWET shall be set back from the nearest public road a distance equal to the total height of the MWET, determined at the nearest boundary of the underlying right-of-way for such public road.

4.

Communication and electrical lines: Each MWET shall be set back from the nearest above-ground public electric power line or telephone line a distance equal to the total height of the MWET, as measured from the base of the tower, determined from the existing power line or telephone line.

5.

Tower separation: MWET tower separation shall be based on industry standard and manufacturer recommendations.

(2)

Safety requirements.

A.

If the MWET is connected to a public utility system for net metering purposes, it shall meet the requirements for interconnection and operation as set forth in the public utility's then-current service regulations meeting federal, state and industry standards applicable to wind power generation facilities, and the connection shall be inspected by the appropriate public utility.

B.

The MWET shall be equipped with an automatic braking, governing or feathering system to prevent uncontrolled rotation, over-speeding and excessive pressure on the tower structure, rotor blades and other wind energy components unless the manufacturer certifies that a braking system is not necessary.

C.

Security measures need to be in place to prevent unauthorized trespass and access. Each MWET shall not be climbable up to fifteen (15) feet above ground surfaces. All access doors to MWETs and electrical equipment shall be locked and/or fenced as appropriate, to prevent entry by non-authorized person(s).

D.

All spent lubricants, cooling fluids and any other hazardous materials shall be properly and safely removed in a timely manner.

E.

Each MWET shall have one sign, not to exceed two (2) square feet in area, posted at the base of the tower and on the security fence, if applicable. The sign shall contain at least the following:

1.

Warning high voltage.

2.

Manufacturer's and owner(s)/operator(s) name(s).

3.

Emergency contact numbers (list more than one number).

F.

The structural integrity of the MWET shall conform to the design standards of the International Electrical Commission, specifically IEC 61400-1, "Wind Turbine Safety and Design," IEC 61400-22 "Wind Turbine Certification" and or IEC 61400-23 "Blade Structural Testing," or any similar successor standards.

(3)

Signal interference.

A.

The MWET shall not interfere with communication systems such as, but not limited to, radio, telephone, television, satellite or emergency communication systems.

(4)

Decommissioning.

A.

The MWET owner(s) or operator(s) shall complete decommissioning within twelve (12) months after the end of the useful life. Upon request of the owner(s) or assigns of the MWET and for a good cause, the city council may grant a reasonable extension of time. The MWET will presume to be at the end of its useful life if no electricity is generated for a continuous period of twelve (12) months. All decommissioning expenses are the responsibility of the owner(s) or operator(s).

B.

Decommissioning shall include the removal of each MWET, buildings, electrical components and roads to a depth of sixty (60) inches, as well as any other associated facilities. Any foundation shall be removed to a minimum depth of sixty (60) inches below grade, or to the level of the bedrock if less than sixty (60) inches below grade. Following removal, the location of any remaining wind turbine foundation shall be identified on a map as such and recorded with the deed to the property with the county register of deeds.

C.

All access roads to the MWET shall be removed, cleared and graded by the MWET owner(s), unless the property owner(s) requests in writing, a desire to maintain the access road. The city will not be assumed to take ownership of any access road unless through official action of the city council.

D.

The site and any disturbed earth shall be stabilized, graded and cleared of any debris by the owner(s) of the MWET or its assigns. If the site is not to be used for agricultural practices following removal, the site shall be seeded to prevent soil erosion.

E.

If the MWET owner(s) or operator(s) fails to complete decommissioning within the period described above, the city may designate a contractor to complete the decommissioning with the expense thereof to be charged to the violator and/or to become a lien against the premises. If the MWET is not owned by the property owner, a bond must be provided to the city for the cost of decommissioning each MWET.

(5)

Application requirements. The following information should be submitted with the proposed site plan.

A.

Documented compliance with the noise and shadow flicker requirements set forth in this section. Said documentation shall require, at a minimum, data reflecting ambient sound measurements taken over a two-week period, which shall include the location on the property where the measurements were taken. The method of measuring ambient sound levels and the location on the property where the measurements will be taken shall be approved by the city prior to the collection of the data.

B.

Engineering data concerning construction of the MWET and its base or foundation, which may include, but is not limited to, soil boring data.

C.

Anticipated construction schedule.

D.

A copy of the maintenance and operation plan, including anticipated regular and unscheduled maintenance. Additionally, a description of the procedures that will be used for lowering or removing the MWET to conduct maintenance, if applicable.

E.

Documented compliance with applicable local, state and national regulations including, but not limited to, all applicable safety, construction, environmental, electrical and communications. The MWET shall comply with Federal Aviation Administration (FAA) requirements, Michigan Airport Zoning Act, Michigan Tall Structures Act and any applicable airport overlay zone regulations.

F.

Proof of applicant's liability insurance.

G.

Evidence that the utility company has been informed of the customer's intent to install an interconnected, customer-owned generator and that such connection has been approved. Off-grid systems shall be exempt from this requirement.

H.

A written description of the anticipated life of each MWET; the estimated cost of decommissioning; the method of ensuring that funds will be available for decommissioning and site restoration; and removal and restoration procedures and schedules that will be employed if the MWET(s) become inoperative or non-functional.

I.

The applicant shall submit a decommissioning plan that will be carried out at the end of the MWET's useful life, and shall describe any agreement with the landowner(s) regarding equipment removal upon termination of the lease.

J.

The proposed plan shall conform to the requirements of Section 2516 of the Zoning Ordinance: Site Plan Review (All Districts).

(6)

Certification and compliance. The city must be notified of a change in ownership of a MWET or a change in ownership of the property on which the MWET is located.

(f)

Temporary uses related to wind energy turbines. The following is permitted in all zoning districts as a temporary use, in compliance with the provisions contained herein, and the applicable WET regulations.

(1)

Anemometers.

A.

The construction, installation or modification of an anemometer tower shall require a building permit and shall conform to all applicable local, state and federal safety, construction, environmental, electrical, communications and FAA requirements.

B.

An anemometer shall be subject to the minimum requirements for height, setback, separation, location, safety requirements and decommissioning that correspond to the size of the WET that is proposed to be constructed on the site.

C.

An anemometer shall be permitted for no more than thirteen (13) months for a SSMWET, STMWET or MWET.

(Ord. No. H-10-09, § I, 3-8-11)