Dexter, MI Zoning Ordinance

§ 65-14.01 Intent.

The intent of this article is to provide standards for specific uses, whether regulated as a principal permitted use, accessory use, or a special use.

§ 65-14.02 Single-family dwelling design standards.

Single-family dwellings, whether mobile homes, manufactured homes, modular homes, or site ("stick") built homes, located outside a mobile home park, shall conform to the standards of this section in addition to HUD standards or the County Building Code, as appropriate. In order to preserve the substantial investment of property owners in single-family neighborhoods, single-family homes erected in residential districts shall be similar in appearance to the exterior design and appearance of existing detached single-family homes in the surrounding area.

The standards herein are intended to prevent dissimilar dwelling designs which would adversely affect the value of dwellings in the surrounding area, adversely affect the desirability of an area to existing or prospective homeowners, impair the stability of the environment, prevent the most appropriate use of real estate, and lessen the opportunity to realize the development pattern envisioned in the Dexter Master Plan.

Code compliance: Each such dwelling unit shall comply with all pertinent building and fire codes. In the case of a mobile home, all construction and all plumbing, electrical apparatus, and insulation within and connected to said mobile home shall be of a type and quality conforming to the "Mobile Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, as amended. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements. Where there are conflicting applicable regulations, the more stringent shall apply.

Building permit: All construction required herein shall be commenced only after a building permit has been obtained in accordance with the County Building Code and other building regulations.

Certification: If the dwelling unit is a mobile home, the mobile home must either be 1) new and certified by the manufacturer and/or appropriate inspection agency as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as amended, or any similar successor or replacement standards which may be promulgated, or 2) used and certified by the manufacturer and/or appropriate inspection agency as meeting the standards referenced in Subsection A above, and found, on inspection by the Zoning Administrator or their designee, to be in excellent condition and safe

Dimensional standards: Each such dwelling unit shall comply with the minimum standards listed in Article IX or Article XI for the Zoning District in which it is located, including minimum lot area, minimum lot width, minimum floor area, required setbacks and maximum building height.

Foundation: Each dwelling unit shall be firmly attached to a permanent basement or crawl space foundation constructed on the site in accordance with the County Building Code and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for single-family dwellings. If said dwelling is a mobile home, the dwelling shall be securely anchored to the foundation to prevent displacement during windstorms.

Undercarriage: In the event that such dwelling unit shall be a mobile home, the wheels, tongue, hitch assembly and other towing appurtenances shall be removed before attachment to its permanent foundation. The foundation or skirting shall fully enclose the towing mechanism, undercarriage, and chassis.

Architectural compatibility: In the event that such dwelling unit shall be a manufactured, modular, or mobile home as defined herein, each such home shall be aesthetically compatible in design and appearance with other residences in similar zoning districts in the surrounding area. Surrounding area shall be defined as within 500 feet of the subject dwelling unit, with measurements made from the edge of the lot in each direction. The determination shall be made by the Zoning Administrator based on the following factors:

The residential floor area of the proposed dwelling shall be at least 75% of the average square footage of constructed single-family dwellings in the surrounding area.

The type of material used in the proposed dwelling is not grossly dissimilar to the type of materials used in single-family homes in the surrounding area, provided the reflection from such exterior surface shall be no greater than from white semi-gloss exterior enamel.

The design and position of windows shall not be grossly dissimilar in relation to other single-family homes in the surrounding area.

A roof overhang of not less than six inches on all sides shall be provided, or alternatively with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling.

A minimum of two exterior doors shall be provided with the second one being in either the rear or side of the dwelling.

The width across any front, side, or rear elevation shall be a minimum of 20 feet and comply in all respects with the City and County Building Code (BOCA).

An applicant may appeal to the Board of Zoning Appeals within a period of 15 days from the receipt of notice of said Zoning Administrator's decision.

The above standards shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.

Sewage disposal and water supply: Each such dwelling unit shall be connected to a public sewer and water supply.

Exceptions: The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in this Zoning Ordinance and pertaining to such parks. Mobile homes which do not conform to the standards of this section shall not be used for dwelling purposes within the City unless located within a mobile home park or a mobile home subdivision district for such uses, or unless used as a temporary residence as otherwise provided in this Zoning Ordinance.

§ 65-14.03 Accessory dwelling units.

[Ord. No. 2026-02, 4-27-2026]

General provisions.

Purpose and intent. It is the policy of the City of Dexter to promote and encourage the creation of legal accessory dwelling units (ADUs) in a manner that:

Supports the City's housing affordability goals;

Supports the efficient use of existing housing stock and public infrastructure;

Provides housing that responds to changing family need, smaller households, and increasing housing costs;

Meets the housing needs of residents;

Provides accessible housing for seniors and person with disabilities; and

Enhances residential neighborhoods.

Eligibility, permits, and application.

Eligibility.

Notwithstanding the regulations in § 65-21.03B, one accessory dwelling unit shall be permitted on a parcel that has one single-family dwelling as the principal permitted use, in any zoning district that permit a single-family dwelling on an individual lot as a principal permitted use, subject to administrative review and approval of the Zoning Administrator.

Owner-occupancy required. The property owner shall occupy either the accessory dwelling unit or the single-family dwelling for which the ADU is accessory, except for temporary absences not to exceed a combined total of six months in a calendar year.

Notwithstanding the regulations in § 65-21.03B, one accessory dwelling unit shall be permitted on a parcel that has a duplex/two-family dwelling as the principal permitted use, in the VR-1 form-based zoning district, subject to administrative review and approval of the Zoning Administrator.

Owner-occupancy required. The property owner shall occupy either the accessory dwelling unit or one of the units in a duplex for which the ADU is accessory, except for temporary absences not to exceed a combined total of six months in a calendar year.

Accessory dwelling units are not subject to restrictions in § 65-3.02B and C.

An ADU may be created through new construction, conversion of an existing structure, addition to an existing structure, or conversion of a qualifying existing house to a detached ADU, while simultaneously constructing a new primary dwelling or duplex on the site.

Permit.

No person shall create an accessory dwelling unit without first obtaining a Zoning Compliance Permit from the Zoning Administrator.

Application requirements.

All applications for a zoning compliance permit for an accessory dwelling unit shall be filed with the City of Dexter Zoning Administrator, on forms provided by the Zoning Administrator, subject to the requirements of Article XX.

Each applicant shall certify to the City that the proposed accessory dwelling unit included in the application is in compliance with the regulations in this chapter. No permit shall be issued unless the completed application form is accompanied by payment of the required fee, as established by the City Council.

Within 10 business days of receiving a complete application, the Zoning Administrator shall notify by mail notices all property owners within 300 feet of the property proposed for an accessory dwelling unit. The notice shall:

Describe the nature of request.

ii.

Identify the property that it the subject of the request, including by address or parcel identification number.

iii.

Indicate when and where written comments may be submitted concerning the request.

Development regulations.

Conversion of an existing accessory structure.

An accessory dwelling unit may be permitted in a legally non-conforming accessory structure that was constructed before June 30, 2021.

If the existing accessory building has a total area of at least 200 square feet, it may be replaced or modified for use as an accessory dwelling unit, provide the new or modified accessory building conforms to the standards and regulation of this chapter.

An illegal non-conforming accessory structure that was constructed before June 30, 2021, which has a total area of at least 200 square feet shall be replaced, or modified prior for use as an accessory dwelling unit, provided the new or modified accessory structure dwelling unit conforms to this chapter.

Short-term rental. Short-term rental of an accessory dwelling unit shall be prohibited.

Deed restriction. A deed restriction that runs with the land, on a form to be provided by the Zoning Administrator, shall be filed with the Washtenaw County Register of Deeds prior to occupancy, and it shall incorporate the following restrictions:

The accessory dwelling unit may not be sold separately from the principal dwelling unit to which it is an accessory.

The owner occupancy requirement, herein.

Minimum lot area.

The minimum lot area required for an ADU shall be 5,000 sq. ft.

Notwithstanding the provisions of § 65-3.02B and C, the maximum area of an ADU shall be as follows:

Lot Area (sq. ft.)	ADU Max. (sq. ft.)
5,000 to <7,800	600
7,800 to <12,000	700
≥12,000	800

Setbacks.

Attached ADU. An ADU that is structurally attached to a single-family dwelling, including, but not limited to, by a breezeway, shall be subject to the same setback requirements as the principal single-family structure.

Detached ADU.

A detached ADU shall be at least 10 feet from the single-family dwelling or duplex structure and other detached accessory structures; however, the setback may be reduced to five feet, if the ADU is constructed with fire rated walls, in accordance with building code requirements.

ii.

A detached ADU shall be at least five feet from any side or rear lot line, at least 50 feet from any shoreline and at least 10 feet from the boundary of a regulated wetland.

Lot coverage. Notwithstanding the maximum lot coverage regulations in § 65-10.02C and 65-11.03D.1.a (Form A-House) and b (Form B-Duplex/Two-Family), the maximum lot coverage for a detached ADU shall be as follows:

Zoning District¹	Max. Lot Coverage Detached ADU	Max. Lot Coverage All Structures on the Lot
R-1	8%	33%
VR-1 and VR-2	10%	40%

Notes:
¹ An ADU to a duplex shall be limited to the VR-1 Residential Form Based District.

Height.

Attached ADU. An ADU that is structurally attached to the single-family dwelling, including by a breezeway, shall be subject to the same height requirements, as the principal single-family structure to which it is attached. At no time shall the attached ADU exceed the height of the single-family dwelling to which it is attached.

Detached ADU.

The maximum height of a single-story detached accessory dwelling unit shall not exceed 20 feet, as measured from the established grade to the eaves (Figure 1).

ii.

The maximum height of a detached garage with an accessory dwelling unit above (i.e., second floor) shall not exceed 20 feet, as measured from the established grade to the eaves (Figure 1).

Figure 1

Public utilities. All ADUs must be served by municipal water and municipal sanitary sewer through connection with existing service for the principal dwelling or, if that is determined infeasible by the Superintendent of Public Services, a separate service connection shall be required, along with a tap fee, as established by Resolution of the City Council.

Design.

An ADU shall be designed to enhance the residential neighborhood in which it is located.

An ADU shall comply with the single-family design standards in § 65-14.02 of the chapter.

The orientation of the proposed ADU shall, to the extent practical, maintain the privacy of residents in adjoining dwellings, as determined by the physical characteristics surrounding the ADU, including landscape screening, fencing, and window and door placement.

§ 65-14.04 Home occupation.

A home occupation may be permitted in a single-family detached dwelling within a zoning district where such dwelling is permitted, subject to the following conditions.

Application and approval of the home occupation is received from the City of Dexter in accordance with this section.

Certain uses by the nature of their operation have a pronounced tendency to increase in intensity beyond the limits permitted for home occupations, thereby impairing the reasonable use and value of surrounding residential properties. This section is not intended to prohibit offices related to the administration of uses listed below, including construction contracting, landscaping, maintenance, and snow removal businesses. The following uses shall not be permitted as home occupations:

Medical care services (unless otherwise permitted by law and City ordinance).

Mortuaries or funeral homes.

Tea rooms (café's and coffee houses).

Antique shops.

Restaurants.

Private clubs.

Veterinary clinics or animal grooming establishments.

Barbers shops or beauty parlors with more than one stylist.

Medical clinics or hospitals.

10.

Commercial stables or kennels.

11.

Real estate offices.

12.

Vehicle repair or painting shops.

13.

Retail sales.

14.

Landscape installation and maintenance businesses, and snow removal businesses.

15.

Construction contractors.

16.

Trailer rentals.

17.

Nursing homes.

18.

Adult regulated uses.

19.

Repair shops in general.

20.

Use determined by the Zoning Administrator to have a pronounced tendency to increase in intensity beyond the limits permitted for home occupations, thereby impairing the reasonable use and value of surrounding residential properties.

The use of the dwelling unit for a home occupation shall be clearly incidental and subordinate to its use for residential purposes, and not more than 25% of the floor area of the dwelling unit may be used for the purposes of the home occupation or for storage purposes in conjunction with the home occupation.

A home occupation shall be conducted completely within the principal structure.

There shall be no change in the outside appearance of the structure or premises, or other visible evidence of conduct of such home occupation, and there shall be no external or internal alterations not customary in residential areas, including the expansion of off-road parking areas in excess of residential standards.

No article shall be sold or offered for sale on the premises except such as is primarily produced within the dwelling.

A home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, wireless communications interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be generated in a similarly zoned residential district.

Signs not customarily found in residential areas shall be prohibited. However, one non-illuminated name plate, not more than two sq. ft. in area, may be attached to the building, and which sign shall contain only the name, occupation,

There shall be no deliveries to or from a home occupation with a vehicle larger than a 15,000 pound truck with not more than two axles.

In no case shall a home occupation be open to the public earlier than 8:00 a.m., nor later than 7:00 p.m.

No outdoor display or storage of materials, goods, supplies, or equipment used in the home occupation shall be permitted on the premises. The home occupation shall not be visible from the road.

Bed and breakfast operations shall be permitted in Residential Districts as regulated in § 65-14.15 of this chapter.

No more than one other person shall be employed or involved with such activity on premises other than a member of the immediate family residing in the dwelling unit.

Services and transactions shall be conducted by appointment only, walk-in retail trade shall be prohibited.

§ 65-14.05 Medical use of marijuana.

The acquisition, possession, cultivation, use, delivery, or distribution of marijuana to treat or alleviate a debilitating medical condition is prohibited except in compliance with the Michigan Medical Marijuana Act ("MMMA") of 2008[1] and applicable provisions of the City Zoning Ordinance.

A registered primary caregiver, operating in compliance with the MMMA General Rules, the MMMA and the requirements of this subsection, shall be permitted as a home occupation, as regulated by this subsection. The City makes the following findings, in support of its determination that the regulation of registered primary caregivers as a permitted home occupation is consistent with the purposes and intent of the MMMA:

The MMMA does not create a general right for individuals to use, possess, or deliver marijuana in Michigan.

The MMMA's protections are limited to individuals suffering from serious or debilitating medical conditions or symptoms, to the extent that the individuals' marijuana use is carried out in compliance with the provisions of the MMMA, including the provisions related to the operations of registered primary caregivers.

The MMMA's definition of "medical use" of marijuana includes the "transfer" of marijuana "to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition," but only if such "transfer" is performed by a registered primary caregiver who is connected with the same qualifying patient through the registration process established by the Department of Licensing and Regulatory Affairs, and who is otherwise operating in strict compliance with the MMMA and the MMMA General Rules.

The MMMA provides that a registered primary caregiver may assist no more than five qualifying patients with their medical use of marijuana.

The MMMA does not, therefore, create a new vocation for entrepreneurs or others who wish to engage in the sale of marijuana to more than five persons in a commercial setting. Instead, the MMMA is directed at improving the health and welfare of qualifying patients.

The health and welfare of qualifying patients is improved by permitting the operations of registered primary caregivers as a home occupation, because this allows qualifying patients who suffer from serious or debilitating medical conditions or symptoms to obtain the benefits of the medical use of marijuana in a residential setting, without having to unnecessarily travel into commercial areas.

By permitting the operations of registered primary caregivers as a home occupation, rather than in a commercial setting, this promotes the MMMA's purpose of ensuring that:

A registered primary caregiver is not assisting more than five qualifying patients with their medical use of marijuana; and

ii.

A registered primary caregiver does not unlawfully expand its operations beyond five qualifying patients, so as to become an illegal commercial operation, in the nature of a marijuana collective, cooperative or dispensary.

The following standards and requirements shall apply to the location at which the medical use of marijuana is conducted by a primary caregiver.

The medical use of marijuana shall comply at all times with the MMMA and the MMMA General Rules, as amended.

A registered primary caregiver shall not possess marijuana, or otherwise engage in the medical use of marijuana, in a school bus, on the grounds of any preschool or primary or secondary school, or in any correctional facility.

Not more than two registered primary caregivers, who shall also be full-time residents of the dwelling, shall be permitted to operate at any one property.

The medical use of marijuana shall be conducted entirely within a dwelling or attached garage, except that a registered primary caregiver may keep and cultivate, in an "enclosed, locked facility" (as that phrase is defined by the MMMA), up to 12 marijuana plants for each registered qualifying patient with whom the registered primary caregiver is connected through the registration process established by the Department of Licensing and Regulatory Affairs, and up to 12 additional marijuana plants for personal use, if the primary caregiver is also registered as a qualifying patient under the MMMA.

A sign identifying the home occupation by word, image, or otherwise, or indicating that the medical use of marijuana is taking place on the premises, shall not be permitted; nor shall any vehicle having such a sign be parked anywhere on the premises.

Except for lighting, heating, watering, drying or other equipment, or fertilizers, herbicides or other chemicals directly related to the medical use of marijuana, no other materials or equipment not generally associated with normal ownership, use, and maintenance of a dwelling shall be permitted.

Distribution of marijuana or use of items in the administration of marijuana shall not occur at or on the premises of the primary caregiver. A qualifying patient shall not visit, come to, or be present at the residence of the primary caregiver to purchase, smoke, consume, obtain, or receive possession of any marijuana.

Except for the primary caregiver, no other person shall deliver marijuana to the qualifying patient.

No one under the age of 18 years shall have access to medical marijuana.

No on-site consumption or smoking of marijuana shall be permitted within the dwelling (or on the property) of a primary caregiver, except for lawful medical marijuana consumption by the primary caregiver if registered as a qualifying patient under the MMMA.

Medical marijuana shall not be grown, processed, handled, or possessed at the dwelling of the primary caregiver beyond that which is permitted by law.

All necessary building, electrical, plumbing, and mechanical permits shall be obtained for any portion of a building or structure in which equipment and devices that support the cultivation, growing or harvesting of marijuana are located or used.

If marijuana is grown or located in a room with windows, all interior lighting shall be shielded to prevent ambient light from creating a distraction for adjacent properties.

Related merchandise or products shall not be sold or distributed from the dwelling or property of the primary caregiver, apart from the permitted quantity of medical marijuana.

To ensure compliance with all applicable requirements and laws, the portion of a building or other structure, such as a cultivation room, where energy use and heating requirements exceed typical residential limits and chemical storage occurs, are subject to inspection and approval by the Zoning Administrator or other authorized official.

The property, dwelling, and all enclosed, locked facilities shall be available for inspection upon request by the Zoning Administrator, Building Official or law enforcement official.

The operations of a registered primary caregiver, as a home occupation, shall be permitted only with the prior issuance of a Zoning Compliance Permit.

A complete and accurate application shall be submitted on a form provided by the City and an application fee in an amount determined by resolution of the City shall be paid.

The permit application shall include the name and address of the applicant; the address of the property; proof, such as a driver's license, voter registration card, or similar record showing that the dwelling is the applicant's full-time residence; a current state registration card issued to the primary caregiver; a full description of the nature and types of equipment which will be used in marijuana cultivation and processing; and a description of the location at which the use will take place. The Zoning Administrator may require additional information necessary to demonstrate compliance with all requirements. The Zoning Administrator shall review the application to determine compliance with this Zoning Ordinance, the MMMA and the MMMA General Rules. A permit shall be granted if the application demonstrates compliance with this Zoning Ordinance, the MMMA and the MMMA General Rules.

The use shall be maintained in compliance with the requirements of this Zoning Ordinance the MMMA and the MMMA General Rules. Any departure shall be grounds to revoke the permit and take other lawful action. If a permit is revoked, the applicant shall not engage in the activity unless and until a new permit is granted.

Information treated as confidential under the MMMA, including the primary caregiver registry identification card and any information about qualifying patients associated with the primary caregiver, which is received by the City, shall be maintained separately from public information submitted in support of the application. It shall not be distributed or otherwise made available to the public and shall not be subject to disclosure under the Freedom of Information Act.[2]

[2]

Editor's Note: See 5 U.S.C. § 552.

It is unlawful to establish or operate a for-profit or nonprofit marijuana dispensary, collective, or cooperative within the City, even if such use is intended for the medical use of marijuana.

The use of the dwelling or other permitted facility of a qualifying patient to cultivate medical marijuana in accordance with the MMMA, solely for personal use, does not require a permit under this subsection; however, all applicable state and City ordinance requirements must be met.

The provisions of this subsection do not apply to the personal use and/or internal possession of marijuana by a qualifying patient in accordance with the MMMA, for which a permit is not required.

[1]

Editor's Note: See MCL 333.26421 et seq.

§ 65-14.06 Marihuana establishments prohibited.

Any and all types of a "marihuana establishment," as that term is defined and used in Michigan Initiated Law 1 of 2018, commonly known as the Michigan Regulation and Taxation of Marihuana Act,[1] are completely prohibited in the City, and may not be established or operated in any zoning district, by any means, including by way of a variance.

[1]

Editor's Note: See MCL 333.27951 et seq.

Any and all types of "marihuana facilities" as described in Act 281 of 2016, the Medical Marihuana Facilities Licensing Act,[2] are completely prohibited in the City and may not be established, licensed, or operated in any zoning district, by any means, including by way of a variance.

[2]

Editor's Note: See MCL 333.27101 et seq.

Nothing in this § 65-14.06 shall limit any privileges, rights, immunities, or defenses of a person as provided in the Michigan Medical Marihuana Act, Michigan Initiated Law 1 of 2008, MCL 333.26421, et seq.

§ 65-14.07 Live/work units.

Purpose. Live/work units are intended to provide the following:

Provide for the appropriate development of units that incorporate both living and working space;

Provide flexibility for the development of live/work units, particularly within existing buildings;

Provide locations where appropriate new businesses can start up;

Provide opportunities for people to live in mixed use commercial areas when it is compatible with existing uses;

Protect existing and potential commercial uses and nearby residential uses from conflicts with one another; and

Ensure the exterior design of live/work buildings is compatible with the exterior design of commercial and residential buildings in the area.

Location. Live/work units are allowed as a permitted use in the VC, Village Commercial district.

Uses. The commercial component of the live/work unit must be a use permitted by right or by special land use in the VC, Village Commercial district. If a special land use, the applicant must request approval from the Planning Commission and City Council, in accordance with Article VIII.

Requirements.

Parking. One off-road parking space shall be required for each dwelling unit proposed, as part of the live/work development.

Zoning compliance. At least one resident in each live/work unit shall maintain a valid zoning compliance permit for a business on the premises.

§ 65-14.08 Group day care homes.

Group day care homes shall be subject to the following requirements:

The minimum lot area required for a group day care home shall be the same as the minimum lot area required for the zoning district in which the use would be located.

An on-site drive shall be provided for drop off/loading. This drive shall be arranged to allow maneuvers without affecting traffic flow on the public road.

A minimum of outdoor play area as required by the State of Michigan Licensing requirements shall be provided. The outdoor play area shall be fenced and screened with landscaping on the exterior side of the fence. The outdoor play area shall not be located within a primary front yard.

§ 65-14.09 Adult foster care facilities.

Adult foster care facilities shall be subject to the following requirements:

Adult foster care small group homes serving between seven and 12 persons.

A site plan, prepared in accordance with Article XXI shall be submitted.

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of 2,000 sq. ft. per adult, excluding employees and/or caregivers.

The property is maintained in a manner that is consistent with the character of the neighborhood.

One off-road parking space per employee and/or caregiver shall be provided.

Appropriate licenses with the State of Michigan shall be maintained.

Adult foster care large group homes serving between 13 and 20 persons.

A separate drop-off and pickup area shall be required adjacent to the main building entrance, located off of a public road and the parking access lane, and shall be of sufficient size so as to not create congestion on the site or within a public roadway.

A site plan, prepared in accordance with Article XXI shall be submitted.

The property is maintained in a manner that is consistent with the character of the neighborhood.

One off-road parking space per employee and/or caregiver and one visitor be provided.

Appropriate licenses with the State of Michigan shall be maintained.

Adult foster care congregate facilities serving more than 20 persons.

A site plan, prepared in accordance with Article XXI shall be submitted.

The subject parcel shall meet the minimum lot area requirements for the zoning in which it is located, provided there is a minimum site area of 2,000 sq. ft. per adult, excluding employees and/or caregivers.

The property is maintained in a manner that is consistent with the character of the neighborhood.

One off-road parking space per employee and/or caregiver and one visitor shall be provided.

Appropriate licenses with the State of Michigan shall be maintained.

The building shall meet all design standards for the underlying zoning district. In addition, the maximum length of an uninterrupted building façade facing public roads and residentially zoned or used property shall be 30 feet. Façade articulation or architectural design variations for building walls facing the road are required to ensure that the building is not monotonous in appearance. Building wall offsets (projections and recesses), cornices, varying building materials, or pilasters shall be used to break up the mass of a single building.

Such facilities may include multi-purpose recreational rooms, kitchens, and meeting rooms. Such facilities may also include medical examination rooms and limited space for ancillary services for the residents of the facility, such as barber and beauty facilities.

§ 65-14.10 Senior assisted and independent living.

Dwellings may be provided for as single-family detached, two-family, or multiple-family units.

Height, lot coverage and setback requirements of the MF District as set forth in § 65-9.08 shall apply.

Parking is not allowed in any required front yard. Parking is permitted in the side and rear yards provided a minimum 20-foot setback is observed.

The maximum length of an uninterrupted building façade facing public roads and residentially zoned or used property shall be 30 feet. Façade articulation or architectural design variations for building walls facing the road are required to ensure that the building is not monotonous in appearance. Building wall offsets (projections and recesses), cornices, varying building materials, or pilasters shall be used to break up the mass of a single building.

A separate drop-off and pickup area shall be required adjacent to the main building entrance, located in a manner that will not create congestion on the site or within a public roadway.

§ 65-14.11 Nursing and convalescent homes.

There shall be provided on the site not less than 400 sq. ft. of land area for each occupant of the home. The 400 sq. ft. of land area shall provide for landscape setting, off-street parking, service drives, loading space, yard requirement and accessory uses, but shall not include the area covered by main or accessory buildings.

§ 65-14.15 Bed and breakfasts.

Requirements.

No person shall operate a bed and breakfast without first obtaining a Zoning Compliance Permit. Bed and breakfasts shall be exempt from site plan review by the Planning Commission and City Council.

The owner-operator shall reside on the premises of the bed and breakfast establishment.

Meal service or other services provided on the premises shall only be available to transient guests of the bed and breakfast.

Application requirements.

All applications for a bed and breakfast permit shall be filed with the City of Dexter Zoning Administrator on forms provided by the Zoning Administrator, subject to the requirements of § 65-22.04B.

Each applicant shall certify to the City that the bed and breakfast included in the application is in compliance with the provisions of this chapter. No permit shall be issued unless the completed application form is accompanied by payment of the required fee, as established by the City Council.

Structural and occupancy requirements.

Every guest bedroom shall contain not fewer than 70 sq. ft. Every guest bedroom occupied by more than one person shall contain not fewer than 50 sq. ft. of floor area for each occupant thereof.

Every guest bedroom shall have access to a bathroom, including a toilet, sink, and bathtub or shower, without going through another guest bedroom; and the bathroom must be on the same floor as the guest bedroom.

One private bathroom, exclusively for transient guests, shall be provided for every two guest bedrooms.

Accessory dwellings in existence as of the effective date of this section and located on the same parcel as a bed and breakfast may be utilized for guest bedrooms, in accordance with this section.

No separate cooking facilities shall be allowed in guest bedrooms.

Parking. At least one off-road parking space is required for the owner-operator. One parking space shall be required for each guest bedroom. The Zoning Administrator may permit existing, improved on-road parking spaces to be used for guest parking, for the purposes of this requirement. The Zoning Administrator may attach conditions to the permitted use of existing, improved on-road parking spaces as guest parking.

Signs. Only one ground sign or only one building sign shall be permitted per bed and breakfast. One additional ground sign or one additional building sign may be permitted if the bed and breakfast is located on a lot with more than one road frontage. Sign design and materials are to be compatible with the architecture of the building. Internal illumination is prohibited. The maximum height and area of ground signs shall comply with the zoning district requirements established in § 65-7.03, Table A. The maximum area of building signs shall be one square foot per one linear foot of building frontage, not to exceed a maximum sign area of 12 sq. ft. in the R-1A, R-1B, R-3, and VR Districts, and the maximum sign area permitted in § 65-7.05A, in the VC District, and the CBD. Building signs shall comply with the requirements established in § 65-7.04B and § 65-7.05A.2.b.

§ 65-14.16 Accessory short-term rental housing.

Permit required.

No person shall operate an accessory short-term rental without first obtaining a Zoning Compliance Permit.

Applicants must be a Permanent Resident of the proposed short-term rental. Permanent residency of a dwelling unit shall be established by providing the documentation required in § 65-3.27B.3.ii.

All short-term rental permits expire December 31st of the current year and must be renewed annually through administrative review. The annual permit fee for establishing and maintaining a short-term rental shall be established by City Council resolution.

Accessory short-term rental permits are not transferable. If a property is sold or transferred and the new owner wishes to continue the accessory short-term rental of the dwelling unit or any portion thereof, a new permit must be obtained.

Application requirements.

All applications for a new accessory short-term rental permit or permit renewal shall be filed with the City of Dexter Zoning Administrator on forms provided by the Zoning Administrator, subject to the requirements of § 65-22.04B.

Each applicant shall certify to the City that the accessory short-term rental included in the application is in compliance with the provisions of this chapter. No permit shall be issued unless the completed application form is accompanied by payment of the required fee, as established by the City Council.

The initial application for an accessory short-term rental permit shall contain the following:

The name, address, and contact information of the Permanent Resident. If the Permanent Resident is not the Property Owner, the application must also include the name, address, and contact information of the Property Owner, as well as the Property Owner's signature authorizing the use of the property as an accessory short-term rental.

Information sufficient to show that the applicant is the Permanent Resident of the accessory short-term rental. Permanent residency shall be established by showing that the dwelling is listed as the applicant's residence on at least two of the following: motor vehicle registration; driver's license; voter registration; tax documents showing the unit as the applicant's primary residence for a standard homestead credit; or utility bill.

The permit holder shall notify the City of any changes to the approved application within 30 days of the date of the change, including change of mailing address, or contract information.

Structural and occupancy requirements.

All lodging is to be exclusively within the dwelling unit and not in a recreational vehicle, camper, tent, or other temporary structure. Accessory dwellings in existence as of the effective date of this section and located on the same parcel as the Permanent Resident's principal dwelling, may be utilized for guest bedrooms, in accordance with this section.

Every guest bedroom shall contain not fewer than 70 sq. ft. Every guest bedroom occupied by more than one person shall contain not fewer than 50 sq. ft. of floor area for each occupant thereof.

One private bathroom, exclusively for transient guests, shall be provided for every two guest bedrooms.

Kitchens and non-habitable spaces shall not be used as guest bedrooms.

No separate cooking facilities shall be allowed in guest bedrooms.

Parking. At least one off-road parking space is required for the Permanent Resident of the dwelling unit. One parking space shall be required for each guest bedroom. The Zoning Administrator may permit existing, improved on-road parking spaces to be used for guest parking, for the purposes of this requirement. The Zoning Administrator may attach conditions to the permitted use of existing, improved on-road parking spaces as guest parking.

Violations. An accessory short-term rental permit may be revoked subsequent to its issuance by the Zoning Administrator or their designee upon findings that the accessory short-term rental dwelling(s) fails to comply with this section and/or for violations of the City's general code, fire code, Zoning Ordinance, or other applicable laws and regulations.

Conflicts. In the event that the provisions of this article conflict with any other provision within the City's Code of Ordinances, the provision that is more restrictive shall apply.

§ 65-14.17 Vacation rental housing.

Each vacation rental permit shall expire December 31st of the current year and must be renewed annually through administrative review. The annual permit fee for establishing and maintaining a vacation rental shall be established by City Council resolution.

All applications for a new vacation rental permit or a permit renewal shall be filed with the City of Dexter Zoning Administrator on forms provided by the Zoning Administrator. Each applicant shall certify to the City that the vacation rental included in the application is in compliance with the provisions of this article. No permit shall be issued unless the completed application form is accompanied by payment of the required fee, as established by the City Council.

Every vacation rental owner-operator shall appoint a local agent to manage the vacation rental.

In addition to the application requirements of this article, all applications for a new vacation rental permit or a permit renewal shall include a Local Agent Agreement reflecting the local agent's authority and acceptance of all responsibilities under this article.

The local agent shall:

Keep their permanent residence within 100 miles of the vacation rental, or if a property management company or similar business entity, have offices within 100 miles of the vacation rental;

Be authorized on behalf of the owner of the vacation rental, to accept service of all notices from the City or service of legal process relating to any and all matters relating to the vacation rental;

Be authorized to allow City officers, employees, or agents, to enter the owner's property for purposes of inspection and enforcement of this article or any other ordinance, statute, rule, or regulation the City may have the duty or authority to enforce;

Be authorized on behalf of the owner of the vacation rental in all matters relating to dealing with renters of the vacation rental;

Be authorized to undertake, or cause to be undertaken, any repair or act of maintenance of the vacation rental necessary to comply with any City ordinance, or any applicable state building regulations.

The permit holder shall notify the City of any changes to the approved application within 30 days of the date of the change, including change of mailing address, contract information, or appointed local agent.

One parking space shall be required for each guest bedroom. The Planning Commission may approve existing, improved on-road parking spaces to be used for guest parking, for the purposes of this requirement. The Planning Commission may attach conditions to the approved use of existing, improved on-road parking spaces as guest parking.

Structural and occupancy requirements.

All lodging is to be exclusively within the dwelling unit and not in a recreational vehicle, camper, tent, or other temporary structure. Accessory dwellings in existence as of the effective date of this section and located on the same parcel as the principal dwelling unit that is utilized as a vacation rental, may be utilized for guest bedrooms, in accordance with this section.

Every guest bedroom shall contain not fewer than 70 sq. ft. Every guest bedroom occupied by more than one person shall contain not fewer than 50 sq. ft. of floor area for each occupant thereof.

One bathroom shall be provided for every two guest bedrooms.

Kitchens and non-habitable spaces shall not be used as guest bedrooms.

No separate cooking facilities shall be allowed in guest bedrooms.

§ 65-14.18 Motels and hotels, including accessory convention/meeting facilities and restaurants.

Access shall be provided so as not to conflict with the adjacent business uses or adversely affect traffic flow on a major thoroughfare.

Each unit shall contain not less than 250 sq. ft. of floor area.

No guest shall establish permanent residence at a motel for more than 30 days within any calendar year.

§ 65-14.23 Cemeteries.

Cemeteries shall be subject to the following requirements:

New cemeteries shall have a minimum property size of 20 acres.

All grave sites, buildings, and structures, in new or existing cemeteries, shall be setback at least 25 feet from all property lines.

A cemetery with a memorial park setting may be allowed as an accessory use to a place of worship with City Council approval.

The use shall be so arranged that adequate assembly area is provided off-road for vehicles to be used in a funeral procession. This assembly area shall be provided in addition to any required parking.

Points of ingress and egress for the site shall be designed so as to minimize possible conflicts between traffic on adjacent major thoroughfares and funeral processions or visitors entering or leaving the site.

§ 65-14.24 Funeral homes.

All funeral homes shall provide an adequate off-street assembly area for a minimum of five vehicles to be used in a funeral procession. Such an assembly area shall be provided in addition to any required off-street parking area. Parking areas may be used for off-road assembly areas for more that the required five vehicle spaces if the maneuvering lanes in the parking area are at least 22 feet in width and can accommodate two-way circulation.

A residence may be provided within the main building of mortuary establishments.

§ 65-14.25 Places of worship.

Places of worship shall be subject to the following requirements:

Minimum lot area shall be one acre.

Buildings of greater than the maximum height permitted in Article IX may be allowed provided the front, side, and rear yard setbacks are increased above the minimum required by one foot for each foot of building height that exceeds the maximum permitted. For places of worship in the form-based districts, places of worship shall meet the height requirements for the Institutional Building Form (Form I).

All vehicular access to the site shall be onto an arterial or collector road, as classified in the Master Plan. The Planning Commission may allow secondary access onto local (residential) roads if the uses fronting the road which would be most impacted by traffic flow are predominantly two-family or multi-family housing.

Wherever an off-street parking area is adjacent to a residential district, a continuous obscuring wall, fence, landscaped area, or combination thereof, at least five feet in height, shall be provided. The Planning Commission may reduce this buffer based on the standards of Article VI, Landscaping.

§ 65-14.30 Recreation: Commercial outdoor recreation establishments (excluding golf related uses).

Uses accessory to commercial outdoor recreation use may include refreshment stands, retail shops selling related items, maintenance buildings, office for management functions, spectator seating, and service areas, including locker rooms and rest rooms.

The site shall be adequate to accommodate the intended use(s), parking, and adequate buffer areas without significant impact on nearby properties in terms of noise, traffic, lighting glare, views, odors, trespassing, dust, or blowing debris, as determined by the City Council. The applicant shall provide documentation that the site area is adequate using national facility standards.

No building or structure with spectator seating shall be located within 100 feet of any residential district or permitted use.

Commercial outdoor recreation establishments in the Central Business District shall not exceed 10,000 sq. ft. of gross floor area.

§ 65-14.31 Recreation: Commercial indoor recreation.

The principal and accessory buildings and structures shall not be located within 100 feet of any residential district or permitted use.

All uses shall be conducted completely within a fully enclosed building.

The buildings shall be soundproofed.

§ 65-14.32 Recreation: Private, noncommercial.

The proposed site shall have at least one property line abutting an arterial roadway as classified in the City Master Plan, and the site shall be so planned as to provide all ingress and egress directly onto or from said road.

Front, side, and rear yards shall be at least 80 feet wide and shall be landscaped in trees, shrubs, and grass. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in these yards, except required entrance drives and those walls used to obscure the use from abutting residential districts.

Off-street parking shall be provided so as to accommodate not less than one-third of the member families and/or individual members. The City Council may modify the off-street parking requirements in those instances wherein it is determined that the users will be pedestrian and originate from the immediately adjacent areas. Prior to the issuance of a building permit or zoning compliance permit, bylaws of the organization shall be provided in order to establish the membership involved for computing the off-street parking requirements. In those cases, wherein the proposed use or organization does not have bylaws or formal membership, the off-street parking requirements shall be determined by the City Council on the basis of usage.

§ 65-14.37 Kennels, commercial/pet day care regulations.

For kennels or pet day cares housing dogs, the minimum lot size shall be one acre.

A caretaker's quarters may be permitted.

Buildings wherein animals are kept shall be setback at least 100 feet from abutting residential districts, churches, or restaurants on the same side of the road; 50 feet from the front property line; and 50 feet from all other property lines.

Dog runs and/or exercise areas shall not be located nearer than 100 feet to property lines and shall not be located in any required front, rear or side yard setback area. Outdoor exercising is allowed when the animal is accompanied by an employee.

No animals shall be permitted outside of the buildings between 8:00 p.m. and 7:00 a.m.

Such facilities shall be subject to other conditions and requirements necessary to prevent possible nuisances (i.e., fencing, soundproofing, sanitary requirements). Such facilities adjacent to a residential district shall have the following construction features:

Walls are soundproofed to all a maximum transmission of 65 dB measured at any point on the outside of the exterior wall.

Doors must be solid core.

Ventilation must be forced air designed in such a fashion as to reduce odiferous effects on residential neighbors.

An operations/management plan shall be submitted, as part of the special use permit application, with a waste management plan and a plan for how noise will be attenuated.

Training classes shall be permitted only if specifically authorized in the Special Land Use Permit.

The kennel shall not be operated for breeding purposes, unless specifically authorized in the Special Use Permit.

The Special Land Use Permit shall establish a limit on the number of animals that may be boarded at one time. The permit may limit the specific species of animals that are permitted and on other measures of the intensity of use.

Pet grooming (including bathing, fur and nail trimming, brushing, flea and tick treatment, and similar treatment) shall be permitted for animals being boarded. For animals not being boarded, pet grooming shall be permitted if allowed in the zoning district.

The sale of pet and veterinary products shall be incidental to the kennel shall be permitted if allowed in the zoning district.

Veterinary care shall be incidental to the kennel unless specifically authorized in the Special Land Use Permit.

§ 65-14.38 Veterinary clinics and hospitals (small animal clinic, large animal clinic, small animal hospital, and veterinary hospital).

The following regulations apply to all animal clinics and hospitals:

The use shall be operated by a licensed or registered veterinarian.

Any indoor boarding shall be limited to that incidental to treatment or surgery.

Any veterinary clinic building or structure which is used for the treatment or holding of animals which is adjacent to a residential district shall have the following construction features:

Walls are soundproofed to all a maximum transmission of 65 dB measured at any point on the outside of the exterior wall.

Doors must be solid core.

Ventilation must be forced air designed in such a fashion as to reduce odiferous effects on residential neighbors.

A caretaker's quarters may be permitted.

Adequate on-site parking shall be required.

A minimum of 1,000 sq. ft. of green space (grass area) in the rear and/or side yard shall be required.

The following regulations apply to all small animal clinics in addition to items in Subsection A of this section:

Principal use activities shall be conducted within a totally enclosed principal building; no outdoor pet enclosures or runs are permitted.

Outdoor exercising is allowed when the pet is accompanied by an employee, provided no animals shall be permitted outside of the buildings between 8:00 p.m. and 7:00 a.m.

The following regulations apply to all large animal clinics in addition to Subsections A and B of this section:

The principal and all accessory buildings or structures used for the treatment or holding of animals shall be setback at least 200 feet from abutting residential districts, churches, or restaurants on the same side of the road; 50 feet from the front property line; and 50 feet from all other property lines.

All principal use activities shall be conducted within a totally enclosed principal building; no outdoor pet enclosures or runs are permitted.

Outdoor exercising is allowed when the pet is accompanied by an employee provided no animals shall be permitted outside of the buildings between 8:00 p.m. and 7:00 a.m.

The following regulations apply to all veterinary hospitals and small animal hospitals in addition to Subsections A, B, and C of this section:

Minimum one acre lot.

No dogs are permitted in outside boarding area between 8:00 p.m. and 7:00 a.m.

§ 65-14.39 Self-storage facilities.

Intent. In the I-1 and RD Districts, self-storage facilities are intended to be used to provide temporary storage on a self-service basis.

General provisions.

For sites consisting of drive-up self-storage facilities, the following use requirements shall apply:

Self-storage units shall not be used for warehousing and/or distribution.

Self-storage units shall not be used for the storage of goods needed or used on a regular basis as part of a business operation.

Drive-up self-storage facilities are not permitted adjacent to or across the street from residentially-zoned property.

All yard setbacks established in the I-1 and RD districts for buildings shall be complied with, except that setbacks between buildings on the same site may be 25 feet apart, side-to-side or front-to-rear, or larger, as required by fire code.

Maximum lot coverage of all buildings shall not exceed 40%.

Maximum length of any building shall be 150 feet.

Outdoor storage outside of the buildings shall not be permitted.

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 household appliances or other similar items; automobiles or vehicles, such as, but not limited to trucks, vans, trailers, recreational vehicles and boats, motorcycles, or other motorized transportation vehicles and equipment; or for any hobby or purpose other than the storage of personal items.

A landscape screen shall be provided in accordance with § 65-6.11A, Screen #3 of the Zoning Ordinance.

All exterior lighting shall be provided in accordance with § 65-3.11 of the Zoning Ordinance, with the additional requirement that LED color temperature shall not exceed 3500 Kelvins.

A security manager shall be permitted to reside on the premises to the extent required by such use and such residence shall be considered an accessory use as provided at § 65-2.02.

All access aisles, parking areas, and walkways on the site shall be graded, drained, hard-surfaced, and maintained in accordance with the City's Engineering Standards and Specifications.

Limited retail sales 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.

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

Fire hydrants and fire suppression devices shall be provided, installed and maintained in compliance with the fire prevention code and any other applicable ordinances.

The maximum height of buildings or structures shall not exceed 15 feet in height, with the exception of a security manager's quarters.

Self-storage facilities, including storage buildings and security manager's office and/or quarters, shall not have a flat roof.

For sites consisting of climate-controlled self-storage facilities, the following use requirements shall apply:

Mixed-use climate-controlled self-storage facilities may be permitted adjacent to residentially zoned property, if an adaptive reuse.

Building setbacks shall comply with the standards as set forth in the I-1, Limited Industrial or RD Research and Development district, as applicable. However, the Planning Commission may grant a waiver for an adaptive re-use.

Outdoor storage shall not be permitted, including, automobiles or vehicles, such as, but not limited to trucks, vans, trailers, motorcycles, recreational vehicles and boats, or other motorized transportation vehicles and equipment.

Except as provided herein, the use of the premises shall not be used for maintaining or repairing of any household appliances or other similar items; automobiles or vehicles, recreational vehicles, boats, and other similar equipment or other items.

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 within a building on the site devoted to this use.

A landscape screen shall be provided in accordance § 65-6.11A, Screen #3 of the Zoning Ordinance.

All exterior lighting shall be provided in accordance with § 65-3.11 of the Zoning Ordinance, with the additional requirement that LED color temperature shall not exceed 3,500 Kelvins.

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

Fire hydrants and fire suppression devices shall be provided, installed and maintained in compliance with the fire prevention code and any other applicable ordinances.

The maximum building height shall be consistent with the zoning district that the site is located within.

Exterior building walls shall be finished with brick or other high-quality masonry materials.

A demonstrated means of security and management shall be provided.

For sites consisting of both drive-up self-storage facilities and climate-controlled self-storage facilities, the minimum site size shall be five acres and each use will be subject to the conditions stated within this chapter.

§ 65-14.43 Essential public services.

Essential services buildings and structures shall be permitted as authorized under any franchise in effect within the City, subject to regulation as provided in any law of the State of Michigan the list of uses within each zoning district or in any other City ordinance. It is the intent of this section to ensure conformity of all buildings, structures uses and storage yards to the requirements of this Zoning Ordinance wherever such conformity shall be practicable, and not in conflict with the specific requirements of such franchise, state legislation, or City ordinance. In the absence of such conflict, the Zoning Ordinance shall prevail. Appeal from the application of this Zoning Ordinance in regard to any essential service may be made to the Board of Zoning Appeals.

Public and on-site utilities: Prior to issuance of a building permit under the terms of this Zoning Ordinance, the applicant shall obtain engineering approval from the City.

Wireless facilities: The location and installation of wireless communication towers, poles, and related facilities is not considered an essential public service as defined and regulated by this Zoning Ordinance. Regulations pertaining to the location, construction, and use of wireless communication facilities within the City may be found in § 65-14.51 of this Zoning Ordinance.

§ 65-14.44 Essential public service buildings and structures.

Essential public services buildings and structures shall be subject to the following requirements:

Operating requirements necessitate that the facility be located at the subject site to serve the immediate vicinity.

Electric or gas regulator equipment and apparatus shall be setback a minimum of 30 feet from all lot lines or equal to district setbacks, whichever is greater. They cannot be located in the district front yard setback.

Essential public service storage yards shall be screened from any adjacent residential district by a buffer strip (See § 65-6.05 and § 65-6.11).

The buildings or structures shall be architecturally compatible with the surrounding buildings and shall be of masonry construction.

§ 65-14.45 Essential public service storage yards.

Essential public service storage yards shall be subject to the following requirements:

The requirements of § 65-14.43, Essential public services buildings and structures, shall be met.

The minimum lot size shall be three acres.

A chain link fence 6' in height shall be constructed on the boundary property lines. The required fence shall be screened from any adjacent residential district by a buffer strip, as required in § 65-6.05 and § 65-6.11.

§ 65-14.50 Reception antennae.

In all zoning districts, the installation or use of a reception or transmission antenna facility shall be permitted only as an accessory use, and only when meeting the standards of this section. Upon review of the application, the Zoning Administrator shall grant approval if it is found that the plans comply in all respects with this Zoning Ordinance. It is the intent and purpose of this section to provide reasonable regulations for the mounting of reception antenna facilities.

Intent: The intent of this section is to regulate reception antenna facilities to achieve the objectives listed below.

Promote safety and prevent hazards to persons and property resulting from accidents involving antenna facilities which could fall from building or structural mountings due to wind load, snow load or other factors.

Promote utilization of ground mounting for antennae facilities where reasonably feasible.

Require screening of ground-mounted facilities and minimize visibility to roof or structure mounted facilities to maintain architectural integrity and aesthetic quality of property improvements and preserve property values.

Exclude from provisions of this section conventional VHF and UHF television antennae, FM reception antennae and short wave radio antennae used by amateur radio operators based upon the following findings: there is relatively minor concern for wind and snow load issues due to an established safety record; there has been an historical acceptance of such facilities from architectural and aesthetic standpoints; amateur radio operators provide benefits to emergency service providers, and the cost of complying with the procedure for application and review would be unreasonable in relation to the cost of purchasing and installing the facility.

Balance regulations on the placement and manner of reception antenna installation to the minimum required to achieve the objectives herein.

Promote and protect the public health, safety, and welfare by the exercise of City police powers in relation to a property owner's right to construct and use reception antennae to receive signals without reasonable restriction.

Ground-mounted facilities: Shall be subject to the conditions listed below.

The maximum diameter shall be 10 feet for a dish type receiver where diameter can be measured.

The maximum height of any part of the facility shall be 14 feet.

The antenna facility shall be located only in the rear yard and shall not be located in a required yard setback area.

An antenna facility within 50 feet of a residential property line or public road right-of-way shall be screened from view by a wall, fence, berm, evergreen plantings, or a combination of these elements, provided, if there is no conforming location on the property where the facility may be so obscured from view, screening shall be accomplished to the extent reasonably feasible, as approved by the Zoning Administrator or if the antenna is mesh type, screening need not exceed six feet in height.

The color of all antennae shall be of color tones similar to the surroundings. Ground-mounted antennae shall not be white unless they are of a mesh type or unless the background consists primarily of a white building. Bright colors shall not be used in any instance.

If a usable signal cannot be obtained by locating the antenna in the rear yard, the antenna may be located in the side yard of the property subject to the submission of a written affidavit and approval of the Board of Zoning Appeals, provided the placing of an antenna in a side yard shall remain subject to all other conditions set forth in this section.

All electrical and antenna wiring shall be placed underground, where applicable, and grounded to meet County Building Code requirements.

The antenna shall be located and designed to meet manufacturer specifications to withstand a wind force of 100 miles per hour.

No advertising or identification display shall be placed on any portion of the antenna or tower except the name and logo of the manufacturer and the serial number.

Roof or structure mounted facilities in residential districts: In one-family residential and Village Residential districts, reception antenna facilities mounted on a roof of a building, or on a structure more than three feet in height, shall be subject to the following regulations.

The antenna facility itself shall not be larger than 10 feet in height or diameter width. Moreover, the facility shall be of perforated, mesh, rod and/or pole construction, and shall not be of solid sheet or panel construction.

A roof-mounted antenna facility shall be located on that portion of the roof adjacent to the rear yard on the property, and a structure-mounted facility shall be located in the rear yard area but shall not be located in a required yard setback area.

No part of the antenna facility shall extend higher than three feet above the ridge and/or peak of the roof, but in no event higher than the maximum height limitation in the zoning district in the case of a building mounted facility; and/or 17 feet above grade in the case of a structure mounted facility.

Roof- or structure-mounted facilities not situated in residential districts.

Roof-mounted reception antenna shall be a maximum 10 feet in diameter.

The top of the antenna shall be within the maximum height for principal buildings permitted in the district.

Reception antennae shall be of a color to match the building.

No advertising may be applied or attached to the antenna.

Interpretation guidelines. The provisions of this section shall be interpreted to carry out the stated objectives of this section and shall not be interpreted so as to impose costs on the applicant which are excessive in light of the purchase and installation cost of the antenna facility and accessory equipment.

Exemption. Up to three conventional VHF or UHF television antennae, FM reception antennae and antennae, used by amateur radio operators licensed by the FCC, are exempt from the requirement of applying for and receiving approval under this section, when the following regulations are met:

Width and height dimensions of the antennae are not more than 135 inches and 10 feet, respectively;

The antennae are situated on that portion of the roof adjacent to the rear yard on the property;

The antennae do not extend higher than three feet above the ridge and/or peak of the roof or the maximum height limitation in a residential zoning district or 10 feet above the roof in a nonresidential district.

Variance. If a hardship or practical difficulty exists on a particular lot or parcel of land such that compliance with the provisions of this Zoning Ordinance is impossible because satellite reception signals are blocked, then a variance may be sought from the Zoning Board of Appeals.

§ 65-14.51 Wireless communication facilities.

It is the general purpose and intent of the City of Dexter to carry out the will of the United States Congress by authorizing communication facilities needed to operate wireless communication systems. However, it is the further purpose and intent of the City to provide for such authorization in a manner which will retain the integrity of neighborhoods and the character, property values, and aesthetic quality of the community at large. In fashioning and administering the provisions of this section, attempts have been made to balance these potentially competing interests and promote the public health, safety, and welfare.

Definitions

ATTACHED WIRELESS COMMUNICATIONS FACILITIES

Shall mean wireless communication facilities that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles, and the like. A wireless communication support structure proposed to be newly established shall not be included within this definition.

COLLOCATION

Shall mean the location by two or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, with the view toward reducing the overall number of structures required to support wireless communication antennas within the community.

WIRELESS COMMUNICATION FACILITIES

Shall mean and include all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices, and exchanges, microwave relay towers, telephone transmission equipment building, and commercial mobile radio service facilities. Not included within this definition are: citizen band radio facilities; short wave facilities; ham, amateur radio facilities; satellite dishes; and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority.

WIRELESS COMMUNICATION SUPPORT STRUCTURES

Shall mean structures erected or modified to support wireless communication antennas. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure.

Authorization. Subject to the standards and conditions set forth in this section, wireless communication facilities shall be permitted uses in the following circumstances. Towers and antennas shall be regulated and permitted pursuant to this Zoning Ordinance and shall not be regulated or permitted as essential services, public utilities, or private utilities.

Permitted uses by right. The following uses are specifically permitted:

Antennas or towers located on property owned, leased, or otherwise controlled by the City, provided a license or lease authorizing such antenna or tower has been approved by the City Council.

Administratively approved uses.

Locating a tower or antenna, including the replacement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any industrial zoning district.

Locating antennas on existing structures or towers consistent with the terms below:

Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Zoning Administrator as an accessory use to any commercial, industrial, professional, institutional, or multiple family structure of eight or more dwelling units, provided the antenna: does not exceed more than 30 feet above the highest point of the structure; complies with all applicable FCC and FAA regulations; and complies with all applicable building codes.

ii.

Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the Zoning Administrator, if tower is in compliance with this Zoning Ordinance or was legally approved by the City previously, and proposed collocation complies with the terms and conditions of any previous final approval of the tower. A tower which is modified or reconstructed to accommodate the collocation of additional antenna shall be of the same tower type as the existing tower unless the Zoning Administrator allows reconstruction as a monopole. The following conditions shall also be met for antennas on existing towers:

(1)

The overall height of the wireless communications support structure is not increased by more than 20 feet or 10% of its original height, whichever is greater.

(2)

The width of the wireless communications support structure is increased by no more than the minimum necessary to permit collocation.

(3)

The area of the existing equipment compound is increased to no greater than 2,500 sq. ft.

iii.

A tower which is being rebuilt to accommodate the collocation of an additional antenna. Such towers may be moved onsite within 50 feet of its existing location. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

Uses approved by special use permit. If a tower is not a permitted use or permitted administratively as defined in Subsection B.1 and 2 of this subsection, a special use permit shall be required for the construction of a tower or the placement of an antenna.

Standards for approval.

Administratively approved uses. The following provisions shall govern the issuance of administrative approval for towers and antennas:

The Zoning Administrator may administratively approve only those uses stipulated in this Zoning Ordinance.

Each applicant for administrative approval shall apply to the Zoning Administrator providing the information set forth in this Zoning Ordinance and a non-refundable fee as established by Resolution of the City Council to reimburse the City for the costs of reviewing the application.

The Zoning Administrator shall review the application for administrative approval and determine if the proposed use complies with § 65-14.51C.

The Zoning Administrator shall respond to each such application within 60 days after receiving it by either approval or denying the application. If the Zoning Administrator fails to respond to the applicant within said 60 days, then the application shall be deemed to be approved.

In connection with any such administrative approval, the Zoning Administrator may, in order to encourage shared use, administratively waive any zoning district setback requirements, up to 50%.

In connection with any such administrative approval, the Zoning Administrator may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.

If an administrative approval is denied on the basis of non-compliance with items i, ii, or ii of § 65-14.51B.2.b, the applicant may file an application for a special use permit pursuant to Article VIII prior to filing an appeal that may be available under this Zoning Ordinance. The City Council must approve or deny the application within 60 days after the application is considered to be administratively complete. If the City Council fails to approve or deny the application within this time period, the application shall be considered approved and the body or official shall be considered to have made any determination required for approval.

Special use permit procedure. Special use permit application shall follow the procedure below, in compliance with Section 514 of the Michigan Zoning Enabling Act.[1]

Fees. The fee required to accompany an application shall not exceed $1,000.00.

Zoning Administrator review. After an application for a special land use approval is filed with the City, the Zoning Administrator shall determine within 14 business days from when the application was received whether the application is administratively complete. If the Zoning Administrator finds that the application is incomplete, the Zoning Administrator shall notify the applicant, in writing or by electronic notification, that the application is not administratively complete, specifying the information necessary to make the application administratively complete. If the Zoning Administrator does not notify the applicant within 14 business days of the City's receipt of the application that the application is administratively incomplete, the application shall be considered complete.

Special use approval. The application shall be reviewed per the procedures and standards in Article VIII of this Zoning Ordinance and be approved or denied within 90 days after the application is considered to be administratively complete. If the City Council fails to approve or deny the application within this time period, the application shall be considered approved and the body or official shall be considered to have made any determination required for approval.

[1]

Editor's Note: See MCL 125.3514.

Special use permits.

Applications for special use permits under this section shall be subject to the procedures and requirements of Article VIII of this Zoning Ordinance. In granting a special use permit, the City Council may impose conditions to the extent the Council considers such conditions to be necessary to minimize any adverse effect of the proposed tower on adjoining properties.

In addition to any standards for consideration of special use permit applications pursuant to Article VIII, the Planning Commission and Council shall consider the following factors in determining whether to issue a special use permit, although the City Council may waive or reduce the burden on the applicant of one or more of these criteria if the City Council concludes that the goals of this Zoning Ordinance are better served thereby:

Height of the proposed tower;

ii.

Proximity of the tower to residential structures and residential district boundaries;

iii.

Nature of uses on adjacent and nearby properties;

iv.

Surrounding topography;

Surrounding tree coverage and foliage;

vi.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

vii.

Proposed ingress and egress;

viii.

Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures. No new towers shall be permitted unless the applicant demonstrates, to the reasonable satisfaction of the City Council, that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An application shall submit information requested by the Planning Commission and City Council related to the availability of suitable existing towers, other structures, or alternative technology. Evidence submitted to demonstrate that no exiting tower structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

(1)

No existing towers or structures are located within the geographic area which meets applicant's engineering requirements;

(2)

Existing towers or structures are not of a sufficient height to meet applicant's engineering requirements;

(3)

Exiting towers or structures do not have sufficient structural strength to support applicants proposed antenna and related equipment;

(4)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna;

(5)

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs which exceed new tower development or tower lease costs are presumed to be unreasonable;

(6)

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

ix.

The applicant for a special use permit shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of one or more of the following factors:

(1)

Proximity to an interstate or major thoroughfare.

(2)

Areas of population concentration.

(3)

Concentration of commercial, industrial, and/or other business centers.

(4)

Areas where signal interference has occurred due to tall buildings, masses of trees, or other obstructions.

(5)

Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate.

(6)

Other specifically identified reason(s) creating facility need.

In single-family residential neighborhoods, site locations may be permitted on the following sites (not stated in any order of priority), subject to application of all other standards contained in this section:

(1)

Municipally owned site.

(2)

Other governmentally owned site.

(3)

Religious or other institutional site.

(4)

Public park and other large permanent open space areas when compatible.

(5)

Public or private school site.

(6)

Other locations if none of the above is available.

General regulations. All applications for wireless communication facilities shall be reviewed in accordance with the following standards and conditions, and, if approved, shall be constructed, and maintained in accordance with such standards and conditions. In addition, if the facility is approved, it shall be constructed and maintained with any additional conditions imposed by the Planning Commission or City Council in its discretion:

Facilities shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare.

Facilities shall be located and designed to be harmonious with the surrounding areas.

Wireless communication facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.

Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights.

Height. The maximum height of a new or modified support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant (and by other entities to collocate on the structure). The accessory building contemplated to enclose such things as switching equipment shall be limited to the maximum height for accessory structures within the respective district.

Setback, residential. The setback of the support structure from any residential district shall be at least the height of the highest point of any structure on the premises. The setback of the support structure from any existing or proposed rights-of-way or other publicly traveled roads shall be no less than the height of the structure.

Setback, non-residential. Where the proposed new or modified support structure abuts a parcel of land zoned for a use other than residential, the minimum setback of the structure, and accessory structures, shall be in accordance with the required setbacks for main or principal buildings as provided in the Schedule of Regulations for the zoning district in which the support structure is located.

Access. There shall be unobstructed access to the support structure, for operation, maintenance, repair, and inspection purposes, which may be provided through or over an easement. This access shall have a width and location determined by such factors as: the location of adjacent thoroughfares and traffic and circulation within the site; utilities needed to service the tower and any attendant facilities; the location of buildings and parking facilities; proximity to residential districts; minimizing disturbance to the natural landscape; and the type of equipment which will need to access the site.

Property size requirements. The division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements and conditions are met.

10.

Roof-mounted equipment. Where an attached wireless communication facility is proposed on the roof of a building, it shall be designed, constructed, and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building. If proposed as an accessory building, it shall conform with all district requirements for principal buildings, including yard setbacks.

11.

Aesthetics. The Planning Commission shall, with respect to the color of the support structure and all accessory buildings, review and approve so as to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition.

12.

Code compliance. The support system shall be constructed in accordance with all applicable building codes and shall include the submission of a soils report from a geotechnical engineer, licensed in the State of Michigan. This soils report shall include soil borings and statements confirming the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communication Commission, and Michigan Aeronautics Commission shall be noted.

13.

Maintenance. A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure the long term, continuous maintenance to a reasonably prudent standard.

14.

Signs. No signs shall be allowed on an antenna or tower.

15.

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. The provisions of this section shall not prohibit security lighting for unmanned equipment shelters.

16.

Fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with appropriate devices to discourage climbing, provided however that the City Council may waive such requirements as it deems appropriate.

17.

Landscaping. Unless otherwise stipulated by this Zoning Ordinance, the following requirements shall govern the landscaping surrounding towers for which a special use permit is required.

Tower facilities shall be landscaped with a type 1 buffer as described in § 65-6.11.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer. This determination must be made by the City Council.

18.

Buildings or equipment storage.

Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

The cabinet or structure shall not contain more than 200 sq. ft. of gross floor area or be more than 12 feet in height;

ii.

If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment shall not occupy more than 10% of the roof area; and

iii.

Equipment storage buildings or cabinets shall comply with all applicable building codes.

Antennas mounted on utility or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

In residential districts, in a side or rear yard, provided the cabinet or structure is no greater than 12 feet in height or 50 sq. ft. of gross floor area and the cabinet/structure is located a minimum of five feet from all property lot lines. The cabinet/structure shall be screened by an evergreen hedge with a planted height of at least 36 inches.

ii.

In all other zoning districts, the equipment cabinet or structure shall be no greater than 15 feet in height or 400 sq. ft. in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. In all instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the road from the structure or cabinet by a solid fence six feet in height and an evergreen hedge as stipulated above.

Antennas located on towers. The related unmanned equipment structure shall not contain more than 400 sq. ft. of gross floor area or be more than 12 feet in height and shall be located in accordance with the minimum yard requirements of the zoning district in which it is located.

19.

Collocation. All proposals shall be reviewed in conformity with the collocation requirements of this Zoning Ordinance.

Application requirements for uses permitted by right, administratively approved uses, and uses requiring special use permit approval.

Site plan. A site plan prepared in accordance with Article XXI shall be submitted, including the location, size, screening and design of all buildings and structures, including fences and outdoor equipment.

Landscaping plan. The site plan shall also include a detailed landscaping plan where the support structure is being placed. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings, and enclosure.

Fencing. Fencing shall be shown on the plan, which is required for protection of the support structure and security from children and other persons who may otherwise access facilities.

Engineering statement. The application shall include a signed certification by a State of Michigan licensed professional engineer with regard to the manner in which the proposed structure will fall, which certification will be utilized, along with other criteria such as applicable regulations for the district in question, in determining the appropriate setback to be required for the structure and other facilities.

Security. The application shall also include a description of security to be posted at the time the facility is to be removed when it has been abandoned or is no longer needed. In this regard, the security shall, at the election of the applicant, be in the form of: 1) cash; 2) surety bond; 3) letter of credit; or 4) an agreement in a form approved by the attorney for the community and recordable at the office of the Register of Deeds, establishing a promise of the applicant and owner of the property to remove the facility in a timely manner as required under this section of the chapter, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorney's fees incurred by the community in securing removal.

Inventory.

The application shall include a map showing existing and known proposed wireless communication facilities within the City, and further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the City in the location, and in the area, which are relevant in terms of potential collocation or in demonstrating the need for the proposed facility. If and to the extent the information in question is on file with the community, the applicant shall be required only to update as needed.

Any such information which is trade secret and/or other confidential commercial information which, if released would result in commercial disadvantage to the applicant, may be submitted with a request for confidentiality in connection with the development of governmental policy, MCL 15.243(l)(g). This Zoning Ordinance shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the community.

Collocation statement. A notarized statement by the applicant as to whether construction of the owner will accommodate collocation of additional antennas for future users.

Collocation.

Statement of policy.

It is the policy of the City to minimize the overall number of newly established locations for wireless communication facilities and Wireless Communication Support Structures within the community and encourage the use of existing structures for Attached Wireless Communication Facility purposes. Each licensed provider of a wireless communication facility must, by law, be permitted to locate sufficient facilities in order to achieve the objectives promulgated by the United States Congress.

In light of the dramatic increase in the number of wireless communication facilities reasonably anticipated to occur as a result of the change of federal law and policy in and relating to the Federal Telecommunications Act of 1996, it is the policy of the City that all users should collocate on Attached Wireless Communication Facilities and Wireless Communication Support Structures in the interest of achieving the purposes and intent of this section. If a provider fails or refuses to permit collocation on a facility owned or otherwise controlled by it, where collocation is feasible, the result will be that a new and unnecessary additional structure will be compelled, in direct violation of and in direct contradiction to the basic policy, intent, and purpose of the City. The provisions of this subsection are designed to carry out and encourage conformity with this policy.

Feasibility of collocation. Collocation shall be deemed to be "feasible" for purposes of this section where all of the following are met:

The wireless communication provider entity under consideration for collocation will undertake to pay market rent or other market compensation for collocation.

The site on which collocation is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support.

The collocation being considered is technologically reasonable, e.g., the collocation will not result in unreasonable interference, given appropriate physical and other adjustment in relation to the structure, antennas, and the like.

The height of the structure necessary for collocation will not be increased beyond a point deemed to be permissible by the City, taking into consideration the several standards contained in this Zoning Ordinance.

Requirements for collocation.

A Special Land Use Permit for the construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that a feasible collocation is not available for the coverage area and capacity needs.

All new and modified wireless communication facilities shall be designed and constructed so as to accommodate collocation.

The policy of the community is for collocation. Thus, if a party who owns or otherwise controls a wireless communication facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible collocation, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded, or extended in any respect.

If a party who owns or otherwise controls a wireless communication facility fails or refuses to permit a feasible collocation, and this requires the construction and/or use of a new facility, the party failing or refusing to permit a feasible collocation shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of the City, and, consequently, such party shall take responsibility for the violation, and shall be prohibited from receiving approval for a new wireless communication support structure within the City for a period of five years from the date of the failure or refusal to permit the collocation. Such a party may seek and obtain a variance from the Zoning Board of Appeals if and to the limited extent the applicant demonstrates entitlement to variance relief which, in this context, shall mean a demonstration that enforcement of the five year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services, or that such enforcement would have the effect of prohibiting the provision of personal wireless communication services.

Offer of collocation required. An application for a new wireless communication support structure shall include a letter from the applicant to all potential users offering an opportunity for collocation.

Approval. Final approval for a wireless communication support structure shall be effective for a period of six months.

Incentive. Review of an application for collocation, and review of an application for a permit for use of an existing facility shall be expedited by the City.

Removal.

A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of one or more of the following events:

When the facility has not been used for 180 days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of non-use.

Six months after new technology is available at reasonable cost, as determined by the legislative body of the community, which permits the operation of the communication system without the requirement of the support structure.

The situations in which removal of a facility is required, as set forth in Subsection G.1 above, may be applied and limited to portions of a facility.

Upon the occurrence of one or more of the events requiring removal, specified in Subsection G.1 above, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the Planning Official.

If the required removal of a facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days written notice, the City may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected and/or enforced from or under the security posted at the time application was made for establishing the facility.

§ 65-14.52 Small cellular facilities.

All small cellular facilities proposed in the public right-of-way are governed by Article IV, Small Wireless Communications Facilities in the Public Right-Of-Way and Public Spaces, of Chapter 50, Telecommunications, of the General Code of Ordinances of the City of Dexter.

§ 65-14.57 Drive-through facilities.

Ingress and egress. Ingress and egress to a drive-through facility shall be part of the internal circulation of the site and integrated with the overall site design. Clear identification and delineation between the drive-through facility and the parking lot shall be provided. A drive-through facility shall be designed in a manner which promotes pedestrian and vehicular safety.

Traffic control. Projected peak hour traffic volumes which will be generated by the proposed drive-in or drive-through service shall not cause undue congestion during the peak hour of the road serving the site.

Location. A drive-through must be located behind the facade on the opposite side of the road (i.e., the back of the building) or detached from the principal building and shall be located in a manner that will be the least visible from a public thoroughfare.

Detached design requirements. If detached, the point-to-point tube transport system (pneumatic tubes) must be located underground to serve the drive-through kiosk or canopy.

Canopy design. Canopy design shall be compatible with the design of the principal building and incorporate similar materials and architectural elements.

Stacking space requirements. Each drive-through facility shall provide stacking space meeting the following standards:

Each stacking lane shall be one way, and each stacking lane space shall be a minimum of 10 feet in width and 20 feet in length.

If proposed, an escape lane shall be a minimum of 12 feet in width to allow other vehicles to pass those waiting to be served.

All stacking lanes must be clearly delineated through the use of striping, landscaping, curbs, or signage.

The number of stacking spaces per service lane shall be provided for the uses as listed in the table below. When a use is not specifically mentioned, the requirements for off-road stacking space for the use with similar needs, as determined at the discretion of the Zoning Administration, shall apply.

Use	Stacking Spaces per Service Lane*
Banks, Pharmacy, Photo Service, and Dry Cleaning	4
Restaurants with Drive-Through	10
Vehicle Use Quick Oil Change	2
Auto Washes (Self-Service)
Entry	2
Exit	1
Auto Washes (Automatic)
Entry	8
Exit	2

Notes:
*The Planning Commission, based on a recommendation from the Zoning Administrator, may require more stacking spaces for a specific user, if it is determined that said user, based on their specific operation requires additional stacking for a typical day.

§ 65-14.58 Automobile or vehicle dealerships.

Automobile or vehicle dealerships with repair facilities or outdoor display area shall be subject to the following requirements:

Outdoor display area. Outdoor display areas shall be subject to the regulations in § 65-14.72.

Outdoor storage. Outdoor storage shall be prohibited. All partially dismantled vehicles, damaged vehicles, new and used parts, and discarded parts shall be stored within a completely enclosed building.

Servicing of vehicles. Any servicing of automobiles or vehicles, including major motor repair and refinishing, shall be subject to the following requirements:

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

Automobile or vehicle service activities shall occur within a completely enclosed building.

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

The building containing service operations shall be set back a minimum of 50 feet from any property line.

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

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

Minimum lot area. The minimum lot area required for automobile or vehicle dealerships, including repair facilities and outdoor display areas, shall be 43,560 sq. ft.

§ 65-14.59 Automobile service centers and major automotive repair.

Automobile service centers (minor repair) and major automotive repair (such as body shops), not including those which are accessory to an automobile or vehicle dealership, shall be subject to the following requirements:

All principal and accessory structures shall be set back a minimum of 50 feet from a one-family residential district.

If the gas station has auto repair, there shall be a minimum lot frontage on a paved road of 100 feet.

Overhead doors shall not face a public road or residential district. The Planning Commission can modify this requirement upon determining there is no reasonable alternative, and the poor visual impact will be diminished through use of landscaping beyond that required in Article VI.

Only one driveway shall be permitted from any road unless the City Council determines additional driveways are necessary and will not increase potential for accidents or congestion.

Where adjoining a residential district, the landscape screening required in § 65-6.11 shall be erected along any common lot line. Any fence or wall erected as part of the required screening shall be continuously maintained in good condition.

All repair work shall be conducted completely within an enclosed building.

There shall be no outdoor storage or display of vehicle components and parts, materials, commodities for sale, supplies, or equipment.

Storage of wrecked, partially dismantled, or other derelict vehicles, or overnight parking of any vehicle except a wrecker is prohibited beyond one day.

The applicant shall submit a Pollution Incidence Protection Plan (PIPP). The PIPP shall describe measures to prevent groundwater contamination caused by accidental gasoline spills or leakage, such as: special check valves, drain back catch basins and automatic shut off valves, as approved by the Fire Department and Washtenaw County Water Resources Commission.

§ 65-14.60 Automobile service (gasoline) stations.

Automobile service (gasoline) stations, including those which are accessory to another use, shall be subject to the following requirements:

The minimum lot area for gasoline service stations shall be 15,000 sq. ft. for up to two service bays. There shall be added 3,000 sq. ft. for additional service bay and 1,500 sq. ft. for each additional pump island. At least one road lot line shall be at least one hundred 150 feet in length along one major thoroughfare. The lot shall be so shaped and the station so arranged as to provide ample space for vehicles which are required to wait.

Pump islands shall be a minimum of 40 feet from any public right-of-way or lot line. Tanks, propane, and petroleum products shall be set back at least 15 feet from any lot line.

Overhead canopies shall be setback at least 20 feet from the right-of-way with materials consistent with the principal building. The proposed clearance of any canopy shall be noted on the site plan.

Access driveways shall have access on an arterial road. Only one driveway shall be permitted from any road unless the City Council determines additional driveways are necessary and will not increase accident or congestion potential.

Where adjoining residential district, the landscape screening required in § 65-6.11.

All repair work shall be conducted completely within an enclosed building.

There shall be no outdoor storage or display of vehicle components and parts, supplies or equipment, except within an area defined on the site plan approved by the City Council and which extends no more than 10 feet beyond the building.

Storage of wrecked, partially dismantled, or other derelict vehicles is prohibited.

The applicant shall submit a Pollution Incidence Protection Plan (PIPP). The PIPP shall describe measures to prevent groundwater contamination caused by accidental gasoline spills or leakage, such as: special check valves, drain back catch basins and automatic shut off valves and approved by the Washtenaw County Water Resources Commission.

In the event that an automobile service station use has been abandoned or terminated for a period of more than one year, all underground gasoline storage tanks shall be removed from the premises, as per state requirements.

§ 65-14.61 Automobile washes, automatic or self-service.

Automobile washes, automatic or self-service, not including those which are accessory to an automobile or vehicle dealership shall be subject to the following requirements:

Only one ingress/egress driveway shall be permitted on any single road.

Where adjoining a residential district, a solid fence or wall six feet in height shall be erected along any common lot line. Such fence or wall shall be continuously maintained in good condition.

All washing facilities shall be within an enclosed building.

Vacuuming and drying may be located outside the building but shall not be in the required front yard and shall be set back at least 50 feet from any residential district.

All cars required to wait for access to the facilities shall be provided stacking spaces fully off the road right-of-way which does not conflict with vehicle maneuvering areas to access gasoline pumps or vacuums, and as required in Article V, Parking Standards, and § 65-14.57.

Truck wash must be at least 100 feet from all property lines and entirely screened using landscaping from residential

§ 65-14.66 Accessory use or storage of hazardous materials.

The applicant shall provide documentation for the following, with appropriate correspondence from the Michigan Department of Environment, Great Lakes, and Energy (EGLE), Michigan State Police, County Sheriff, Fire Marshall, the EPA, local fire department, and other applicable local codes and ordinances:

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

Description of storage of any salt, oil, or other potentially hazardous materials, 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.

Description of any transportation, on-site treatment, storage, or disposal of hazardous waste generated in quantities of at least 250 gallons or 2,200 pounds per month.

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

Name and phone number(s) of person(s) responsible for materials and available 24 hours, in case of detected spill.

§ 65-14.67 Adult regulated uses.

Purpose and preliminary statements:

Sexually oriented businesses require special supervision from the public safety agencies of the City in order to protect and preserve the health, safety, and welfare of the patrons of such businesses as well as the citizens of the City. There is convincing documented evidence that sexually oriented businesses, as a category of establishments, have deleterious secondary effects and are often associated with crime and adverse effects on surrounding properties. The City Council desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from crime; preserve the quality of life; preserve the character of surrounding neighborhoods; and deter the spread of urban blight.

Certain sexually oriented products and services offered to the public are recognized as not inherently expressive and not protected by the First Amendment. See, e.g., Heideman v. South Salt Lake City, 348 F.3d 1182, 1195 (10th Cir. 2003) ("[T]he Ordinance applies to all ‘sexually oriented businesses,' which include establishments such as ‘adult motels' and ‘adult novelty stores,' which are not engaged in expressive activity."); Sewell v. Georgia, 233 S.E.2d 187 (Ga. 1977) (upholding ban on commercial distribution of sexual devices), dismissed for want of a substantial federal question, 435 U.S. 982 (1978).

Sexually oriented businesses have often manipulated their inventory or business practices to avoid regulation while retaining their "adult" nature. See, e.g., Z.J. Gifts D-4, L.L.C. v. City of Littleton, No. 99-N-1696, Memorandum Decision and Order (D. Colo. March 31, 2001) (finding retail adult store's "argument that it is not an adult entertainment establishment" to be "frivolous at best"); People ex rel. Deters v. The Lion's Den, Case No. 04-CH-26, Modified Permanent In junction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005)(noting that adult store manager's testimony was "less than candid" and "suggested an intention to obscure the actual amount of sexually explicit material sold"); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999) (documenting manipulation of inventory to avoid regulation); Taylor v. State, No. 01-01-00505-CR, 2002 WL 1722154 (Tex. App. July 25, 2002) (noting that "the nonadult video selections appeared old and several of its display cases were covered with cobwebs"). The manner in which an establishment holds itself out to the public is a reasonable consideration in determining whether the establishment is a sexually oriented business. See, e.g., East Brooks Books, Inc. v. Shelby County, 588 F.3d 360, 365 (6th Cir. 2009) ("A prominent display advertising an establishment as an ‘adult store,' moreover, is a more objective indicator that the store is of the kind the Act aims to regulate, than the mere share of its stock or trade comprised of adult materials."); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 261 (1991) (Scalia, J., concurring in part and dissenting in part) ("[I]t is most implausible that any enterprise which has as its constant intentional objective the sale of such [sexual] material does not advertise or promote it as such."); Patterson v. City of Grand Forks, Case No. 18-2012-CV-00742 (Nov. 1, 2012) (upholding sex paraphernalia store location restriction which exempted stores in regional shopping malls because malls on are on large property that buffer sensitive land uses, have their own security personnel, and limit signage and hours of operation). The City intends to regulate such businesses as sexually oriented businesses through a narrowly tailored Zoning Ordinance designed to serve the City's content-neutral substantial interest in preventing the negative secondary effects of sexually oriented businesses, and its regulations shall be narrowly construed to this end. The purpose and intent of this section is to regulate sexually oriented businesses, in order to promote the health, safety, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this Zoning Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this Zoning Ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Zoning Ordinance to condone or legitimize the distribution of obscene material.

Findings and rationale:

Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the Board of Trustees, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); Sewell v. Georgia, 435 U.S. 982 (1978); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Dallas v. Stanglin, 490 U.S. 19 (1989); and Entm't Prods., Inc. v. Shelby County, 721 F.3d 729 (6th Cir. 2013); Lund v. City of Fall River, 714 F.3d 65 (1st Cir. 2013); Imaginary Images, Inc. v. Evans, 612 F.3d 736 (4th Cir. 2010); LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Ocello v. Koster, 354 S.W.3d 187 (Mo. 2011); 84 Video/Newsstand, Inc. v. Sartini, 2011 WL 3904097 (6th Cir. Sept. 7, 2011); Plaza Group Properties, LLC v. Spencer County Plan Commission, 877 N.E.2d 877 (Ind. Ct. App. 2007); Flanigan's Enters., Inc. v. Fulton County, 596 F.3d 1265 (11th Cir. 2010); East Brooks Books, Inc. v. Shelby County, 588 F.3d 360 (6th Cir. 2009); Entm't Prods., Inc. v. Shelby County, 588 F.3d 372 (6th Cir. 2009); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. 2008); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Peek-a-Boo Lounge v. Manatee County, 630 F.3d 1346 (11th Cir. 2011); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Heideman v. South Salt Lake City, 348 F.3d 1182 (10th Cir. 2003); Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007); Jacksonville Property Rights Ass'n, Inc. v. City of Jacksonville, 635 F.3d 1266 (11th Cir. 2011); H&A Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. 2007); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Fantasy Ranch, Inc. v. City of Arlington, 459 F.3d 546 (5th Cir. 2006); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Richland Bookmart, Inc. v. Knox County, 555 F.3d 512 (6th Cir. 2009); Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); DCR, Inc. v. Pierce County, 964 P.2d 380 (Wash. Ct. App. 1998); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999); Fantasyland Video, Inc. v. County of San Diego, 505 F.3d 996 (9th Cir. 2007); Bronco's Entm't, Ltd. v. Charter Twp. of Van Buren, 421 F.3d 440 (6th Cir. 2005); Charter Twp. of Van Buren v. Garter Belt, Inc., 258 Mich. App. 594 (2003); Jott, Inc. v. Clinton Twp., 224 Mich. App. 513 (1997); Michigan ex rel. Wayne County Prosecutor v. Dizzy Duck, 449 Mich. 353 (1995); Gora v. City of Ferndale, 456 Mich. 704 (1998); Rental Property Owners Ass'n of Kent County v. City of Grand Rapids, 455 Mich. 246 (1996); 15192 Thirteen Mile Road, Inc. v. City of Warren, 626 F. Supp. 803 (E.D. Mich. 1985); City of Warren v. Executive Art Studio, Inc., No. 197353, 1998 WL 1993022 (Mich. App. Feb. 13, 1998); Tally v. City of Detroit, 54 Mich. App. 328 (1974); Z.J. Gifts D-2, L.L.C. v. City of Aurora, 136 F.3d 683 (10th Cir. 1998); ILQ Investments, Inc. v. City of Rochester, 25 F.3d 1413 (8th Cir. 1994); Enlightened Reading, Inc. v. Jackson County, 2009 WL 792492 (W.D. Mo. March 24, 2009); MJJG Restaurant, LLC v. Horry County, 2014 WL 1314445 (D.S.C. Mar. 28, 2014); Cricket Store 17, LLC v. City of Columbia, --- F.Supp.2d ---, 2014 WL 526339 (D.S.C. Feb. 10, 2014); Taylor v. State, No. 01-01-00505-CR, 2002 WL 1722154 (Tex. App. July 25, 2002); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Z.J. Gifts D-4, L.L.C. v. City of Littleton, Civil Action No. 99-N-1696, Memorandum Decision and Order (D. Colo. March 31, 2001); People ex rel. Deters v. The Lion's Den, Inc., Case No. 04-CH-26, Modified Permanent Injunction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005); Reliable Consultants, Inc. v. City of Kennedale, No. 4:05-CV-166-A, Findings of Fact and Conclusions of Law (N.D. Tex. May 26, 2005); Warren Gifts, LLC v. City of Warren, No. 2:02-cv-70062, R. 26 (E.D. Mich. June 21, 2002) (denying motion for preliminary injunction); Patterson v. City of Grand Forks, Case No. 18-2012-CV-00742, Memorandum Decision and Order (Grand Forks Cnty. Dist. Ct. Nov. 1, 2012); and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, "Correlates of Current Transactional Sex among a Sample of Female Exotic Dancers in Baltimore, MD," Journal of Urban Health (2011); "Does the Presence of Sexually Oriented Businesses Relate to Increased Levels of Crime?" Crime & Delinquency (2012) (Louisville, KY); Metropolis, Illinois – 2011-12; Manatee County, Florida – 2007; Hillsborough County, Florida – 2006; Clarksville, Indiana – 2009; El Paso, Texas – 2008; Memphis, Tennessee – 2006; New Albany, Indiana – 2009; Louisville, Kentucky – 2004; Fulton County, GA – 2001; Chattanooga, Tennessee – 1999-2003; Jackson County, Missouri – 2008; Ft. Worth, Texas – 2004; Kennedale, Texas – 2005; Greensboro, North Carolina – 2003; Dallas, Texas – 1997; Houston, Texas – 1997, 1983; Phoenix, Arizona – 1995-98, 1979; Tucson, Arizona – 1990; Spokane, Washington – 2001; St. Cloud, Minnesota – 1994; Austin, Texas – 1986; Indianapolis, Indiana – 1984, 2009; Garden Grove, California – 1991; Los Angeles, California – 1977; Whittier, California – 1978; Oklahoma City, Oklahoma – 1986; New York, New York Times Square – 1994; the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota); Dallas, Texas – 2007; "Rural Hotspots: The Case of Adult Businesses," 19 Criminal Justice Policy Review 153 (2008); "Strip clubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota; "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000; Sex Store Statistics and Articles; and Law Enforcement and Private Investigator Affidavits (Adult Cabarets in Forest Park, GA and Sandy Springs, GA), the City Council finds:

Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects, including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation. Alcohol consumption impairs judgment and lowers inhibitions, thereby increasing the risk of adverse secondary effects.

Sexually oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one area.

Each of the foregoing negative secondary effects constitutes a harm which the City of Dexter has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the City's rationale for this Zoning Ordinance, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the City's interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the City. The City finds that the cases and documentation relied on in this Zoning Ordinance are reasonably believed to be relevant to said secondary effects.

The City hereby adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of sexually oriented businesses, including the judicial opinions and reports related to such secondary effects.

Uses regulated. The following uses are regulated by this section:

Adult book or supply store.

Adult model studio.

Adult motion picture arcade.

Adult motion picture theater or adult live stage performing theater.

Adult outdoor motion picture theater.

Adult physical cultural establishment.

Cabaret.

Massage Parlor except those licensed by the State of Michigan and meeting the criteria outlined in the definitions section (Article II).

Required spacing. The establishment of the types of adult regulated uses listed in Subsection C above shall meet all of the following space requirements with the distance between uses measured horizontally between the nearest point of each property line:

At least 500 feet from any other adult regulated use;

At least 500 feet from all churches, convents, temples, and similar religious institutions;

At least 500 feet from all public, private, or parochial nursery, primary or secondary schools, public parks, and hospitals;

At least 500 feet from any use defined as a "care organization";

At least 500 feet from any one-family or multiple-family residential district or use;

At least 500 feet from any pool or billiard hall, coin operated amusement center, indoor and outdoor recreation such as miniature golf; dance club catering primarily to teenagers, movie theaters, ice- or roller-skating rinks and similar uses frequented by children and teenagers.

Special site design standards:

Maximum size of the building shall be 5,000 sq. ft.

The building and site shall be designed, constructed, and maintained so material such as a display, decoration or sign depicting, describing, or relating to "specific sexual activities" or "specified anatomical areas" (as defined in this Zoning Ordinance) cannot be observed by pedestrians, motorists on a public right-of-way or from an adjacent land use.

Adult regulated uses shall be located within a free-standing building. A shared or common wall structure or shopping center are not considered to be a free-standing building.

The color of the building materials shall be reviewed by the Planning Commission and approved by the elected body.

A six-foot high brick or masonry wall shall be constructed to screen the parking lot. The Planning Commission may permit use of landscaping in place of the wall.

Access shall be from an arterial roadway.

Waivers. Upon denial of any application for an Adult Regulated Use, the applicant may appeal for a waiver of the location provisions above to the Zoning Board of Appeals consistent with the standards set forth below. The Zoning Board of Appeals may waive the location provisions set forth herein, after all the following findings are made:

Compliance with regulations: The proposed use will not be contrary to any other provision of these zoning regulations, or injurious to nearby properties;

Not enlarge district: The proposed use will not enlarge or encourage the development of a "skid row" or "strip";

Consistent with programs: The establishment of an additional regulated use will not be contrary to, or interfere with, any program of urban renewal or neighborhood development;

Consistent with law: All applicable City, state or federal laws and regulations will be observed.

Procedure for waiver. Prior to granting a waiver of the location restrictions set forth above, and no less than five, nor more than 15 days before the request for waivers is considered or a public hearing held pursuant to this section, the City Council shall publish, in a newspaper of general circulation in the City, one notice indicating that a request for waivers to establish a regulated use has been received, and shall send by mail or personal delivery a copy of that notice to the owners of the property for which waivers are being considered, and to all waivers are being considered, and to all persons to whom any real property is assessed within 500 feet of the boundary of the premises in question, and to the occupants of all structures within 500 feet. If the name of the occupant is not known, the term "occupant" may be used in making notification.

The notice of application shall further indicate that a public hearing on the proposed regulated use may be requested by a property owner or occupant, no less than 18 years of age, or the property owner or occupant, no less than 18 years of age, of a structure located within 300 feet of the boundary of the property being considered for the regulated use. The applicant, City Council, or Zoning Board of Appeals may request a public hearing.

Conditions of approval. Prior to the granting of approval for the establishment of any Adult Regulated Use, the Planning Commission may impose any conditions or limitations upon the establishment, location, construction, maintenance, or operation of the regulated use as in its judgment may be necessary for the protection of the public interest. Any evidence, bond, or other performance and guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.

Specific penalties. No person operating an adult entertainment business shall permit any person under the age of 18 to be on the premises of said business either as an employee or customer.

§ 65-14.72 Open air businesses.

The following regulations shall apply to permanent open-air businesses:

Generally.

The minimum lot size for open-air businesses shall be 21,780 sq. ft.

Notwithstanding the regulations in § 65-5.11, Access management, Subsection F.4, the minimum spacing requirements between a commercial driveway and an intersection shall be set on a case-by-case basis by the Planning Commission during site plan review, as recommended by the City engineer.

Parking shall be setback a minimum of 10 feet from any existing or planned road right-of-way line.

All loading, unloading, and parking areas for open-air businesses shall be confined within the boundaries of the site, and shall not be permitted to encroach into adjacent road rights-of-way.

Automobiles or vehicles dealerships shall comply with the requirements in § 65-14.58.

Nurseries and garden centers which deal with plant materials shall comply with the following:

Plant storage and display areas shall comply with the minimum setback requirements for the district in which the nursery or garden center is located.

ii.

The storage of soil, fertilizer, and similar loosely packaged materials shall be contained and covered to prevent it from blowing onto adjacent properties.

Outdoor display areas. The following regulations shall apply to outdoor display areas:

Grading, surfacing, and drainage. Outdoor display areas, 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.

Off-road parking, loading, and unloading.

Outdoor display areas, parking areas, and other vehicle maneuvering areas shall comply with the locational requirements for off-road parking spaces, as described in Article V.

All outdoor display areas, loading, unloading, and parking areas shall be confined within the boundaries of the site, and shall not be permitted to encroach into adjacent roads rights-of-way.

All outdoor display parking areas adjacent to residential and non-residential zoning districts shall provide landscape buffer and screening, as described in Article VI.

Access management. Notwithstanding the regulations in § 65-5.11, Access management, Subsection F.4, the minimum spacing requirements between a commercial driveway and an intersection shall be set on a case-by-case basis by the Planning Commission during site plan review, as recommended by the City engineer.

§ 65-14.73 Outdoor display areas, temporary.

Permit required.

No person shall operate a temporary outdoor display area without first obtaining a Zoning Compliance Permit.

All temporary outdoor display area permits shall expire on December 31st of the current year, unless another time frame is specified in the permit, or by the requirements of this section, and shall be renewed annually, by administrative review.

The application and annual permit fee for operating a temporary outdoor display area shall be established by Resolution of City Council.

Application requirements.

All applications for a temporary outdoor display area permit or permit renewal shall be filed with the City of Dexter Zoning Administrator on forms provided by the Zoning Administrator, subject to the requirements of § 65-22.04B.

All applications for a temporary outdoor display area permit or permit renewal shall include the following:

A location sketch that identifies the location and dimensions of the temporary outdoor display area, including the width of the sidewalk, as applicable, in relation to the business it will serve, the entrance to the business, adjacent properties (include addresses) and their building entrances, as well the location of existing landscaping, road, trees, catch basins, fire hydrants, and other utilities.

Photographs, drawings, or manufacturers brochures fully describing the appearance of all proposed merchandise display furnishings and fixtures for the temporary outdoor display area, including but not limited to shelving, tents, canopies, igloos, greenhouses, portable heaters, decorative lighting, and other fixtures used during colder weather, shall be included with the application.

A signed Hold Harmless Agreement as provided by the City.

In addition to the documents listed above, permit applications for a temporary outdoor display area proposed in a public right-of-way or on other public property shall be accompanied by a Certificate of Liability Insurance, in an amount acceptable to the City, including workers compensation, and naming the City as an additionally insured.

General regulations.

For a temporary outdoor display area located on a sidewalk, a minimum of 10 feet of sidewalk width must be provided, of which a minimum of five feet must be maintained free of any encumbrances, to allow for unobstructed pedestrian access along the sidewalk, as well as ingress/egress to the principal use for which the temporary outdoor display area is accessory.

The maintenance of an outdoor display area shall be the responsibility of the establishment, including, but not limited to, surface treatment and cleaning, litter control, sweeping, and snow and ice removal. The sidewalk and public property shall be kept neat and clean at all times and free from any substance that may cause damage to the sidewalk or public property or cause pedestrian injury.

Extended awnings or canopies attached to the building within which the temporary outdoor display area permittees principal use is located may be allowed and shall be complementary with the architecture and color of said building.

All temporary outdoor display area furnishings and fixtures shall be of substantial weight so that at no time shall the temporary outdoor display area present an obstruction or risk to public safety, especially during inclement weather.

All temporary outdoor display area furnishings and fixtures shall be maintained in a state of good repair. Any temporary outdoor display area furnishings and fixtures having broken, peeling, or rusting features or are showing other signs of disrepair shall be promptly removed and replaced.

The City of Dexter reserves the right to deny, revoke, or suspend a temporary outdoor display area permit, if the permittee has failed to correct violations of the temporary outdoor display area permit, within the time specified on the violation notice. If the City denies, revokes, or suspends the permit the City will notify the permittee in writing. The decision to deny, revoke, or suspend a permit may be appealed to the City Council. Variances from the temporary outdoor display area standards must be appealed before the Zoning Board of Appeals.

§ 65-14.74 Outdoor service areas.

Permit required.

No person shall operate an outdoor service area without first obtaining a Zoning Compliance Permit.

All outdoor service area permits shall expire on December 31st of the current year, unless another time frame is specified in the permit, or by the requirements of this section, and shall be renewed annually, by administrative review.

Permitted outdoor service areas may be operated all year; however, the use of public on-road parking spaces shall be limited to May 1st to November 1st.

The application and annual permit fee for operating an outdoor service area shall be established by Resolution of City Council.

Application requirements.

All applications for an outdoor service area permit or permit renewal shall be filed with the City of Dexter Zoning Administrator on forms provided by the Zoning Administrator, subject to the requirements of § 65-22.04B.

All applications for an outdoor service area permit or permit renewal shall include the following:

Sketch plan: A sketch plan (top-view drawing of the outdoor service area) shall include:

The location of an outdoor service area in relation to the business it will serve, the entrance to the business, adjacent properties (include addresses) and their building entrances, as well the location of existing landscaping, road, trees, catch basins, fire hydrants, and other utilities.

ii.

The dimensions of the outdoor service area footprint, including dimensions and total square footage. Identify the number of parking spaces to be combined, if using parking spaces, and include setback dimensions.

iii.

The location of the access ramps, platforms, and internal barriers such as planters, stanchions, or railing, if using parking spaces.

iv.

Any hardware such as fasteners to be used in the construction of ramps and platforms.

The location and dimensions of all road furniture and furnishings, including, but not limited to tables, chairs, trash receptacles, benches, and sun shading.

vi.

The location of outdoor lighting fixtures, as applicable, as well as the location of wiring and a description of how the wiring will be secured to prevent trip or electrical hazards.

vii.

Photographs, drawings, or manufacturers brochures fully describing the appearance of all proposed tables, chairs, umbrellas, awnings, canopies, or other furnishings/fixtures related to the outdoor service area, including but not limited to portable heaters, and other fixtures used during colder weather, shall be included with the application.

viii.

A signed Hold Harmless Agreement as provided by the City.

Temporary shelters. Outdoor service area permittees may be allowed to erect temporary shelters, such as tents, igloos, bubbles, garden sheds, or similar type from November 1st through April 30th, excepted as cited herein, with the submittal of a separate sketch plan that includes the following:

The location and dimensions of all temporary shelters within the permitted outdoor service area, and shall include a dimensioned interior seating layout, and the materials of which the shelters are fabricated.

The type, size and location of portable heating elements, fuel tanks, and decorative lighting. Non-electric heating elements are prohibited inside any temporary shelters.

Non-electric portable heating elements shall be a minimum of 10 feet from the temporary shelter for which it is used and 10 feet from all other permanent or temporary structures.

The type and location of decorative lighting to be used.

The power source for portable heating elements and decorative lighting.

In addition to the documents listed above, permit applications for an outdoor service area proposed in a public right-of-way or on other public property shall be accompanied by a Certificate of Liability Insurance, in an amount acceptable to the City, including workers compensation, and naming the City as an additionally insured. An outdoor service area in which alcohol is served shall also provide a liquor liability policy or certificate of insurance naming the City as an additionally insured.

General regulations. On-road parking spaces, parking lots, sidewalks, and similar areas may be closed for their current uses and made available for use by a nearby business for outdoor dining and beverage service, subject to the following regulations:

Use of sidewalks.

Sidewalk outdoor service areas shall only be permitted on sidewalks that are 10 feet in width or greater.

All outdoor services areas, whether located on a sidewalk or accessed from a sidewalk, must allow a minimum of five feet of unobstructed pedestrian access along the sidewalk, as well as ingress/egress to the principal use for which the outdoor service area is accessory.

Use of on-road or parking lot spaces.

A minimum of two parking spaces are required for use of public on-road or parking lots spaces as an outdoor service area.

Parking space outdoor service areas shall be setback at least two feet from adjacent auto traffic lanes and at least three feet from adjacent parking spaces not used as an outdoor service area.

Access. Outdoor service areas shall be Michigan Barrier Free Code compliant, including but not limited to the following:

Entrances must be a minimum of 48 inches wide.

Connections between platforms, ramps, sidewalks, or parking spaces must be flush, and must not leave a horizontal gap greater than a half (1/2) inch, or a vertical separation greater than a quarter (1/4) inch. 1:4 bevels are required for vertical differences that exceed a quarter (1/4) inch.

For outdoor service areas proposed on parking spaces with grades that exceed 5%, level platforms must be provided.

Ramps must be provided for parking space outdoor service areas that are accessed from curbed sidewalks.

Enclosures and railings.

A continuous rigid physical separation (enclosure) is required to separate outdoor service areas from vehicular traffic. Such enclosures are required along the curb separating a sidewalk outdoor service area from the roadway, and on all three sides of parking space outdoor service areas that are adjacent to vehicular parking spaces or roadway.

All enclosures shall be a minimum of 42 inches in height.

Railings shall be a minimum height of 36 inches in height and not exceed 42 inches in height.

Enclosures and railings shall be constructed of wrought iron, cast aluminum, steel, or other substantial metal material and painted/colored black or the primary color of the building. Enclosure and railing spacing shall not exceed four inches in width. Opaque enclosures are prohibited.

Bolting of ramps and platforms into the road or penetrating the surface of the road/parking space is prohibited. Ramps and platforms may be bolted to the existing curb. Curbs must be restored to the satisfaction of the Superintendent of Public Services, for the City of Dexter.

Ramps and platforms shall be designed and constructed to maintain unobstructed drainage flow along the gutter.

Platform and ramp substructures must be made of quality materials: i.e., wood, treated wood, or composite materials. Platform and ramp surfaces must be of a non-slip, composite material (not wood).

The maintenance of an outdoor service area shall be the responsibility of the establishment, including, but not limited to, surface treatment and cleaning, litter control, sweeping, and snow and ice removal. The sidewalk and public property shall be kept neat and clean at all times and free from any substance that may cause damage to the sidewalk or public property or cause pedestrian injury.

Outdoor service area furniture and enclosures shall not block the view of traffic, including pedestrian traffic, or block the view of traffic control devices such as traffic signs, traffic signals, and other traffic warning devices. It should not obstruct motorists' visibility of traffic signals from 200 feet away (about half a block).

10.

Hanging or overhead objects, including umbrellas, must have a clearance of at least seven feet (or 84 inches), and cannot exceed 10 feet (including poles, posts, canopies, wires, signs) from the ground.

11.

Alcohol service.

Alcoholic beverages may be served in an outdoor service area, as licensed by the state, for consumption by customers of the licensee.

The City may restrict the hours of operation for an immediately adjacent to residential uses.

The outdoor service area shall be no more than 25 feet from the licensed premises.

The maximum size of an outdoor seating area shall not exceed 20,000 sq. ft.

The outdoor service area shall not be separated from the license premises by a public road, road, or alley.

The outdoor service area shall not be located on a balcony or rooftop.

The outdoor service area shall include a removable enclosure, such as, but not limited to planters, posts with ropes, or other decorative equipment to define and secure the outdoor service area for consumption.

12.

Street furniture and furnishings.

Extended awnings or canopies attached to the building within which the outdoor service area permittees principal use is located may be allowed and shall be complementary with the architecture and color of said building.

Sun shading in public spaces shall be limited to umbrellas; sun shading in private spaces may include umbrellas, shelters, and tents. All sun shading shall be constructed of fire-retardant materials.

Tables, chairs, umbrellas, planters, trash receptacles, and other elements of road furniture/fixtures shall be of high-quality materials that are consistent with the character of the district in which the outdoor service area is located.

Decorative outdoor lighting may be permitted, provided such lighting shall be limited to the hours of operation of the outdoor seating area and shall not create glare that negatively impacts public safety or adjacent properties and shall be secured in a manner to prevent trip or electrical hazards.

All outdoor service area road furniture/fixtures shall be of substantial weight so that at no time shall the outdoor service area furniture present an obstruction or risk to public safety, especially during inclement weather. All umbrellas shall be closed or removed each evening.

All outdoor service area furniture/fixtures shall be maintained in a state of good repair. Any outdoor service area furniture/fixtures having broken, peeling, or rusting features or are showing other signs of disrepair shall be promptly removed and replaced.

13.

Violations. The City of Dexter reserves the right to deny, revoke, or suspend an outdoor service area permit, if the permittee has failed to correct violations of the permit, within the time specified on the violation notice. If the City denies, revokes, or suspends the permit, the City will notify the permittee in writing. The decision to deny, revoke, or suspend a permit may be appealed to the City Council. Variances from the outdoor service area standards must be appealed before the Zoning Board of Appeals.

§ 65-14.75 Tasting rooms.

Tasting rooms shall meet the following requirements:

A tasting room shall be accessory to a wine, beer, and/or other alcoholic beverage manufacturing facility, licensed as such by the State of Michigan.

The square footage of the tasting room shall not exceed 15% of the gross floor area of the principal facility in the R-D or I-1 Zoning Districts.

A tasting room licensee may be permitted to operate an outdoor service area, subject to § 65-14.74 and the following additional regulations:

The consumption of alcoholic beverages outside of the outdoor service area enclosure shall be prohibited.

Hours of operation shall be consistent with the hours of operation of the tasting room.

All other federal, state, and local approvals.

Dexter City Zoning Code

ARTICLE XIV

§ 65-14.01 Intent.

§ 65-14.02 Single-family dwelling design standards.

§ 65-14.03 Accessory dwelling units.

§ 65-14.04 Home occupation.

§ 65-14.05 Medical use of marijuana.

§ 65-14.06 Marihuana establishments prohibited.

§ 65-14.07 Live/work units.

§ 65-14.08 Group day care homes.

§ 65-14.09 Adult foster care facilities.

§ 65-14.10 Senior assisted and independent living.

§ 65-14.11 Nursing and convalescent homes.

§ 65-14.15 Bed and breakfasts.

§ 65-14.16 Accessory short-term rental housing.

§ 65-14.17 Vacation rental housing.

§ 65-14.18 Motels and hotels, including accessory convention/meeting facilities and restaurants.

§ 65-14.23 Cemeteries.

§ 65-14.24 Funeral homes.

§ 65-14.25 Places of worship.

§ 65-14.30 Recreation: Commercial outdoor recreation establishments (excluding golf related uses).

§ 65-14.31 Recreation: Commercial indoor recreation.

§ 65-14.32 Recreation: Private, noncommercial.

§ 65-14.37 Kennels, commercial/pet day care regulations.

§ 65-14.38 Veterinary clinics and hospitals (small animal clinic, large animal clinic, small animal hospital, and veterinary hospital).

§ 65-14.39 Self-storage facilities.

§ 65-14.43 Essential public services.

§ 65-14.44 Essential public service buildings and structures.

§ 65-14.45 Essential public service storage yards.

§ 65-14.50 Reception antennae.

§ 65-14.51 Wireless communication facilities.

§ 65-14.52 Small cellular facilities.

§ 65-14.57 Drive-through facilities.

§ 65-14.58 Automobile or vehicle dealerships.

§ 65-14.59 Automobile service centers and major automotive repair.

§ 65-14.60 Automobile service (gasoline) stations.

§ 65-14.61 Automobile washes, automatic or self-service.

§ 65-14.66 Accessory use or storage of hazardous materials.

§ 65-14.67 Adult regulated uses.

§ 65-14.72 Open air businesses.

§ 65-14.73 Outdoor display areas, temporary.

§ 65-14.74 Outdoor service areas.

§ 65-14.75 Tasting rooms.