The village, in accordance with the enabling legislation for municipal zoning as provided in Public Act No. 110 of 2006 (MCL 125.3101 et seq.) and Public Act No. 33 of 2008 (MCL 125.3801 et seq.), hereby provides as follows: a zoning ordinance which shall be known as and may be cited as the "Village of Decatur Zoning Ordinance," as amended, and is referred to as the "zoning ordinance."

(Ord. No. 202, § 1.1, 11-6-2017)

The provisions of this chapter apply to all development, public and private, throughout the incorporated areas of the village, to the extent permitted by law.

(Ord. No. 202, § 1.2, 11-6-2017)

The purpose of this chapter is to promote the public health, safety, and general welfare of the residents of the village. This chapter shall serve the general good of the community in accordance with the adopted Village of Decatur Master Plan and any additions and amendments as may be approved by the village.

(Ord. No. 202, § 1.3, 11-6-2017)

In interpreting and applying the provisions of this chapter, these provisions must be held to be the minimum requirements for the promotion of public safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants, restrictions established by other ordinances or statutes, or agreements between private parties. However, where this chapter imposes a greater restriction upon the use of buildings or lots or upon the height of buildings, or requires larger open spaces than are imposed or required by any other applicable rule, covenant or law, the provisions of this chapter shall govern. The village has no responsibility or authority for enforcing private agreements or covenants.

(Ord. No. 202, § 1.4, 11-6-2017)

If the provisions of this chapter are inconsistent with those of the state or federal government, the more restrictive provisions will control, to the extent permitted by law.

(Ord. No. 202, § 1.5, 11-6-2017)

The boundaries of the zoning districts established by the zoning ordinance are shown on a map or series of maps designated the "Official Zoning Map." The official zoning map, including all notations, references, data and other information shown therein, is adopted and made a part of this chapter as fully as if it were contained within the pages of this chapter.

(1)

Location. The official zoning map is filed in the office of the village clerk.

(2)

Updates. The village planning commission is responsible for updating the official zoning map to reflect amendments adopted by the village board.

(3)

Zoning district boundaries. Where uncertainty exists with respect to the boundaries of the various districts, the following rules shall apply:

a.

The district boundaries are public rights-of-way including either streets, places or alleys unless otherwise shown; where the districts designated on the official zoning map are approximately bounded by street, road, place or alley lines, the same shall be construed to be the boundary of the district.

b.

Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines; where districts designated on the official zoning map are approximately bounded by lot lines, the same shall be construed to be the boundary of the districts, unless otherwise indicated on the official zoning map.

c.

Whenever any street, road, alley, place or other public way is officially vacated by the village or county road commission, the district adjoining each side thereof shall be automatically extended to the center of such vacation and all area included in the vacation shall thereafter be subject to all appropriate regulations of the extended districts.

d.

Where physical or natural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (3)a through c of this section, the zoning administrator shall interpret the boundaries.

e.

Any dispute in the determination of the zoning district boundaries shall be heard by the board of zoning appeals.

(Ord. No. 202, § 1.6, 11-6-2017)

This chapter in various parts, sections, subsections, sentences, paragraphs, phrases, and clauses thereof are hereby declared severable. If any part, sentence, paragraph, section, subsection, phrase or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of this chapter shall not be affected thereby. The village board hereby declares that it would have passed the ordinance from which this chapter is derived and each part, section, subsection, phrase, sentence and clause thereof irrespective of the fact that any one or more parts, sections, subsections, phrases, sentences or clauses be declared invalid.

(Ord. No. 202, § 1.7, 11-6-2017)

This chapter repeals and replaces any previous village zoning ordinance in its entirety.

(Ord. No. 202, § 1.8, 11-6-2017)

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

Accessory building means a subordinate building which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.

Accessory use means a subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.

Adult cabaret means a nightclub, bar restaurant, or similar commercial establishment that regularly features:

(1)

Persons who appear in a state of nudity;

(2)

Live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities;

(3)

Films, motion pictures, videocassettes, slides, other photographic reproductions or visual media that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

(4)

Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.

Alley means a way which affords only a secondary means of access to property abutting thereon.

Apartment means a room or suite of rooms intended, designed, or used as a residence by a single family.

Assemblyandmanufacturing means the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, including, but not limited to, oils, plastics, resins, etc.

Basement means a story having part but not more than one-half of its height below grade. A basement is counted as a story for the purpose of height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises.

Billboard means a sign which directs attention to a business, commodity, service, or entertainment conducted, sold or offered elsewhere than upon the same lot.

Boardinghouse. See Lodginghouse.

Buildable width means the width of the lot left to be built upon after the side yards are provided.

Building means any structure having a roof supported by columns or walls built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind, but not including any vehicle, trailer (with or without wheels), nor any moveable device, such as furniture, machinery, or equipment. The term "building" shall include the term "structure."

Building, height of, means the vertical distance from the grade to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or the mean height level between eaves and ridge for gable, bib, and gambrel roof.

Cellar means a story having more than one-half of its height below grade.

Clinic, medical, means an establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.

Club means a building or portion thereof or premises owned and operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Commercial medical marihuana facility (or facility) may include any of the following:

(1)

Provisioning center, as that term is defined in the Medical Marihuana Facilities Licensing Act (MMFLA) and authorize by Ordinance No. 2019-001.

(2)

Grower facility, as that term is defined in the Medical Marihuana Facilities Licensing Act (MMFLA) and authorized by Ordinance No. 2019-001.

(3)

Processor facility, as that term is defined in the MMFLA and authorized by Ordinance No. 2019-001.

(4)

Safety compliance facility, as that term is defined in the MMFLA and authorized by Ordinance No. 2019-001.

(5)

Secure transporter facility, as that term is defined in the MMFLA and authorized by Ordinance No. 2019-001.

Dwelling unit means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Dwelling, multiple, means a building designed for or occupied exclusively by more than two families living independently of each other.

Dwelling, single-family, means a building designed for or occupied exclusively by one family.

Dwelling, two-family, means a building designed for or occupied exclusively by two families living independently of each other.

Family means one or more persons related by blood, marriage, or adoption, occupying a dwelling unit as an individual housekeeping organization. A family may include not more than two persons not related by blood, marriage, or adoption.

Filling station means any building or premises used for the sale, at retail, of motor vehicle fuels, oils, or accessories, or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacement of motors, bodies, or fenders of motor vehicles, or painting motor vehicles, and excluding commercial garages.

Floor area means the total number of square feet of floor space within the exterior walls of a building, not including space in cellars or basements; however, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.

Frontage means all the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.

Garage, commercial, means any building or premises, except those used as a private or storage garage, used for equipping, repairing, hiring, selling, or storing motor driven vehicles. The term "repairing" shall not include the rebuilding, dismantling or storage of wrecked or junked vehicles.

Garage, private, means a detached accessory building or portion of the main building, housing the automobiles of the occupants of the premises.

General service and repair means an establishment primarily engaged in the repair or maintenance of motor vehicles, trailers, and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups, and transmission work, provided it is conducted within a completely enclosed building.

Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the building.

Grocery store means a retail establishment primarily selling prepackaged and perishable food as well as other convenience and household goods.

Home occupation means any occupation or profession carried on by a member of the immediate family, residing on the premises, in connection with which there is used no sign other than a name plate no larger than four square feet in area, or no display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling; there is no commodity sold upon the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except such as is permissible for domestic household purposes.

Hospital means an institution providing health services primarily for human inpatient or medical or surgical care for the sick or injured, and including the related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices which are integral parts of the facilities.

Hotel means a building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boardinghouse or lodginghouse as herein defined.

Institution means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

Kennel means an establishment where dogs or other pets are boarded for compensation or bred or raised on a commercial scale.

Laundromat means a business that provides home-type washing, drying, or ironing machines for hire to be used by customers on the premises.

Loading space means a space within the main building or on the same lot providing for the standing, loading, or unloading of trucks, having a minimum width of 12 feet, a minimum depth of 45 feet, and a vertical clearance of at least 14.5 feet, and connected with a street or road serving the premises.

Lodginghouse means a building or place where lodging and boarding is provided (or which is equipped regularly to provide lodging and boarding by prearrangement for definite periods), for compensation, for three or more, but not to exceed 12, individuals. Such lodginghouse or boardinghouse shall not be open to transient guests, in contradistinction to a hotel as is herein defined.

Lot means a parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, open spaces and parking spaces required by this chapter, and having its principal frontage upon a street.

Lot, corner, means a lot abutting upon two or more streets at their intersection.

Lot, depth of, means the mean horizontal distance between the front and rear lot lines.

Lot, double frontage, means a lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.

Lot of record means a lot or parcel of land, the plat or deed of which has been recorded in the office of the county register of deeds prior to the adoption of the ordinance from which this chapter is derived.

Marihuana establishment (or adult-use/recreational marihuana facility): the term may include any of the following:

(1)

Marihuana retailer, as that term is defined in the Michigan Regulation and Taxation of Marihuana Act (MRTMA) and authorized by Ordinance No. 2019-004.

(2)

Marihuana microbusiness, as that term is defined in the Michigan Regulation and Taxation of Marihuana Act (MRTMA) and authorized by Ordinance No. 2019-004.

(3)

Marihuana grower, as that term is defined in the MRTMA and authorized by Ordinance No. 2019-004.

(4)

Marihuana processor, as that term is defined in the MRTMA and authorized by Ordinance No. 2019-004.

(5)

Marihuana safety compliance facility, as that term is defined in the MRTMA and authorized by Ordinance No. 2019-004.

(6)

Marihuana secure transporter, as that term is defined in the MRTMA and authorized by Ordinance No. 2019-004.

Mobile home orhouse trailer means a structure, transportable in one or more sections, which is built or transported on a chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. A mobile home does not include a recreational vehicle. A mobile home can be classified as a dwelling or dwelling unit only after meeting the requirements and standards of article IX of this chapter and being approved by the village council.

Motel, motor court, motor lodge, ortourist court means any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used or intended wholly or in part for the accommodation of automobile transients.

Multiple-family. Multifamily residential is a classification of housing where multiple separate housing units for residential inhabitants are contained within one building or several buildings within one complex. Forms of multiple-family may include apartment buildings, stacked flats, cluster housing, and attached single-family residential units.

Nonconforming use means any building or land lawfully occupied by a use at the time of passage of the ordinance from which this chapter is derived or amendment thereto which does not conform after the passage of the ordinance from which this chapter is derived or amendment thereto with the use regulations of the district in which it is situated.

Parking space, off-street, means an area, enclosed or unenclosed, having an area of not less than 180 square feet, exclusive of driveways, permanently reserved for the temporary storage of one automobile, and connected with a street or alley or a surfaced driveway which affords ingress and egress for automobiles.

Patio orterrace means an area, improved with concrete, brick or other hard surface, adjacent to a dwelling and used by occupants of the dwelling for leisure time activities, but not used for vehicle parking or storage.

Retail use means the selling of goods, wares, or merchandise directly to the ultimate consumer or persons.

Sandand gravel operations means use involving on-site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operation, mining, and soil mining. Specifically excluded from this use is grading and removal of dirt associated with an approved site plan or subdivision.

Sign means an identification, description, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land and which directs attention to a product, place, activity, person, institution, or business.

Story means that portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.

Story, half, means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than 60 percent of the floor area is finished off for use. A half story may be used for occupancy only in conjunction with and by the occupancy of the floor immediately below.

Street means a public way which affords the principal means of access to abutting property.

Structural alterations means any change, except those required by law or ordinance, that would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances.

Structure means anything constructed or erected, the use of which requires permanent location on the ground or attached to something having permanent location on the ground and including, but not limiting, the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and pergolas.

Taverns, breweries, and distilleries means establishments that are licensed by the state for the production and on-site tasting and sales of alcoholic beverages.

Trailer ormobile home. See Mobile home.

Trailer or mobile home park means an area where one or more trailers can be or are intended to be parked and designed or intended to be used as living facilities for one or more families.

Yard means an open space on the same lot with a building unoccupied and unobstructed by any portion of the structure from the ground level upward, except as otherwise provided in this chapter.

Yard, front, means a yard across the full width of the lot extending from the front line of the main building to the front line of the lot.

Yard, rear, means a yard extending the full width of the lot from the rear line of the main building to the rear lot line.

Yard, side, means a yard between the main building and the side line of the lot, and extending from the front yard line to the rear yard line.

(Ord. No. 202, art. 2, 11-6-2017; Ord. No. 2019-002, § I, 9-9-2019; Ord. No. 2019-005 , § IA, 10-7-2019)

(a)

No building or structure shall be erected, converted, enlarged, reconstructed, moved, or structurally altered, nor shall any building or land be used, except for the uses permitted in the district in which the building or land is located.

(b)

No building or structure shall be erected, converted, enlarged, reconstructed, moved, or structurally altered, except in conformity with the height, yard, area per family, parking and other regulations prescribed herein for the district in which the building is located.

(c)

The minimum parking, yards, and other open spaces, including lot areas per family required by this chapter, shall be provided for each and every building or structure hereafter erected, and such minimum parking, yards, open spaces, and lot areas for each and every building of structure whether existing at the time of passage of the ordinance from which this chapter is derived or hereafter erected shall not be encroached upon or be considered as a yard or open space requirement for any other building or structure.

(d)

Where a lot has less area than the minimum requirements for the district within which the lot is located and was a lot of record at the time of passage of the ordinance from which this chapter is derived, that lot may be used for any purpose permitted in the district within which such lot is located.

(e)

Every building hereafter erected or structurally altered shall be located on a lot as herein defined, and in no case shall there be more than one main building on one lot unless otherwise provided in this chapter.

(f)

Every lot or other parcel of land which is occupied or intended for occupancy by a use permitted in this chapter shall adjoin and have direct access to a public street.

(g)

All dwelling units hereinafter erected in the village shall be erected with the front entrance of the dwelling unit facing the public street adjoining the lot or other parcel of land upon which the dwelling unit is erected.

(h)

All dwelling units or other buildings, hereinafter erected in the village, which require water and/or emanates sewage shall be connected to the village public water and sanitary sewer systems if same are available, and if not available, to such private water well and septic systems as shall be approved by the county health department.

(Ord. No. 202, art. 3, § 1, 11-6-2017)

All streets constructed in the village shall be public streets having a 66-foot right-of-way, the traveled portion of which shall be paved with bituminous asphalt, and said streets shall be constructed pursuant to the specifications of the village.

(Ord. No. 202, art. 3, § 2, 11-6-2017)

In the event public improvements for water and sanitary sewer systems and/or public streets must be constructed to serve a building, satisfactory performance guarantees or bonds shall be required from the developer of the land located in the village before any building permits for construction of such building shall be issued.

(Ord. No. 202, art. 3, § 3, 11-6-2017)

(a)

Authorized accessory buildings shall be erected only on the same lot as the principal building and may be connected to the principal building by a roofed porch, patio, breezeway or similar structure or may be completely detached from the principal building.

(b)

Where any accessory building is attached to the side or front of a principal building, such accessory building shall be considered part of the principal building for purposes of determining yard dimensions.

(c)

A detached accessory building shall be located no closer to a front, side or rear lot line than the permitted distance for the principal structure on the same lot.

(d)

An accessory building shall be allowed as a principal use provided it is not used for dwelling, lodging or sleeping purposes and the structure is located no closer to a front, side or rear lot line than the permitted distance for a principal structure on the same lot.

(Ord. No. 202, art. 3, § 4, 11-6-2017)

(a)

The erection, construction, alteration, maintenance, and operation by utilities or municipal departments or commissions, of overhead or underground gas, electrical, steam or water distribution, transmission systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, hydrants, structures, towers, poles, electrical substations, gas regulator stations, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utility or municipal department or commission, or for the public health or safety or general welfare, shall be permitted as authorized or regulated by any laws and the ordinances of the village in any use district.

(b)

Telecommunication towers, alternative tower structures, antennas, wind turbine generators, and anemometer towers shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities or private utilities.

(Ord. No. 202, art. 3, § 5, 11-6-2017)

The keeping of poultry, pigs, hogs, horses or other such livestock are prohibited within the village.

(Ord. No. 202, art. 3, § 6, 11-6-2017)

While the village recognizes that many residents feel the necessity to work at home, the village also recognizes the rights of all residents to be free from actual or potential nuisance which may be caused by nonresidential activities conducted in a residential zone. The intent of this section is to provide standards to ensure home occupations and cottage industries are compatible with other allowed uses in residential districts, and thus to maintain and preserve the residential character of the neighborhood.

(1)

Home occupations.

a.

Home occupations are permitted in all zoning districts in which single-family dwellings are permitted as a matter of right. A zoning permit is required.

b.

Home occupations shall be operated in their entirety within the dwelling (not within an attached or detached garage or accessory building) and shall occupy no more than 25 percent of the dwelling's ground floor area. Attached and detached residential garages may be used for incidental storage.

c.

Home occupations shall be conducted primarily by the persons occupying the premises as their principal residence. Not more than one nonresident person shall be employed to assist with the business.

d.

Additions to a dwelling for the purpose of conducting a home occupation shall be of an architectural style that is compatible with the architecture of the dwelling and shall be designed so that the addition can be used for dwelling purposes if the home occupation is discontinued.

e.

Home occupations shall be incidental and subordinate to the principal use of the dwelling for residential purposes and shall not detract from the residential character of the premises or neighborhood.

f.

Home occupations shall not result in the creation of conditions that would constitute a nuisance to neighboring property owners and the village as a whole. Any machinery, mechanical devices, or equipment employed in the conduct of a home occupation based business shall not generate noise, vibration, radiation, odor, glare, smoke, steam, or other condition not typically associated with the use of the dwelling for residential purposes.

g.

Traffic and delivery or pickup of goods shall not exceed that normally created by residential uses.

h.

The outdoor storage of goods and/or materials of any kind is prohibited. No goods or materials shall be sold that are not produced through the conduct of the home occupation.

i.

There shall be no parking permitted within any setback areas.

j.

No process, chemicals, or materials shall be used which are contrary to any applicable state or federal laws.

(2)

Cottage industries.

a.

Cottage industries may be permitted as a special use in any zoning district in which single-family dwellings are permitted, subject to review and approval by the planning commission. Cottage industries shall be allowed on the basis of individual merit, a periodic review of each cottage industry shall be performed to ensure the conditions of approval are adhered to. If a premises is sold, leased, or rented to a party other than the applicant, the permit shall be reviewed for compliance with the original permit by the zoning administrator. If any changes are necessary, the request will be reheard by the planning commission.

b.

Cottage industries shall be incidental and subordinate to the use of the premises for residential purposes and shall not detract from the residential character of the premises or neighborhood. There shall be no exterior evidence of such industry.

c.

A cottage industry shall occupy not more than one building. The floor area of such buildings shall not exceed 2,400 square feet.

d.

The outdoor storage of goods and/or materials of any kind is prohibited unless screened (by a tight-board wood fence, landscaped buffer, landscaped berm, etc.) from view from neighboring property and road rights-of-way. If required, the type of screening shall be determined at the discretion of the planning commission.

e.

Cottage industries shall not result in the creation of conditions that would constitute a nuisance to neighboring property owners and the surrounding zoning district. Any machinery, mechanical devices or equipment employed in the conduct of a cottage industry shall not generate noise, vibration, radiation, odor, glare, smoke, steam, or other condition not typically associated with the use of the premises for residential purposes.

f.

Traffic and delivery or pickup of goods shall not exceed that normally created by residential uses.

g.

Cottage industries shall be conducted only by the persons residing on the premises. The planning commission may allow up to two additional employees or assistants.

h.

To ensure that the cottage industry is compatible with surrounding residential use, a "not-to-exceed" number of vehicles that may be parked at any given time during business operations shall be established by the planning commission during the review and approval process.

i.

Hours of operation shall be approved by the planning commission.

(Ord. No. 202, art. 3, § 7, 11-6-2017)

Stormwater drainage in excess of natural conditions shall be retained on site. This provision may require stormwater retention ponds where appropriate and the use of low impact development techniques, such as rain gardens, green roofs, bioswales, pervious pavement, and native, non-invasive landscaping. An exception may be made for water leaving the site via an adequately sized existing stormwater ditch, stormwater pipe or through other stormwater facilities that will be developed at the same time as the proposed new use. Stormwater management efforts shall be consistent with the provisions of the Van Buren County Stormwater and Soil Erosion Control Program. In the case of conflicting regulations, between the village zoning ordinance and the Van Buren County Stormwater and Erosion Control Program, the more stringent of the two shall apply. Written approval from the Michigan Department of Transportation (MDOT) shall be required for an additional site run-off directed into a state trunkline ditch.

(Ord. No. 202, art. 3, § 8, 11-6-2017)

All businesses or industries that store, use or generate hazardous substances, as defined in this chapter, shall meet all state and federal requirements for storage, spill prevention, recordkeeping, emergency response, transport and disposal of said hazardous substances. No discharge to groundwater, including direct and indirect discharges, shall be allowed without required permits and approvals.

(Ord. No. 202, art. 3, § 9, 11-6-2017)

(a)

All outdoor lighting, whether for illuminating sites, parking areas, buildings, signs and/or other structures, shall be shielded, shaded, designed and/or directed away from all adjacent districts and uses; and further shall not glare upon or interfere with persons and vehicles using public streets. Lighting fixtures are to be of the full cut-off design with horizontally aligned flush mounted (non-protruding) lens, directing light on-site only, and no more than 20 feet in height.

(b)

The planning commission may permit taller or require shorter fixtures only when the planning commission determines that unique conditions exist and where a waiver would reduce the number or size of light fixtures; not adversely impact neighboring properties; and permit fixtures in proportion to height and bulk of nearby buildings and other fixtures. Site lighting shall not exceed 20 footcandles as measured three feet above the ground surface, directly under the fixture.

(Ord. No. 202, art. 3, § 10, 11-6-2017)