Municipal buildings, uses and utility substations shall not include storage yards.

A.

All activities shall primarily take place in a fully enclosed building. Areas designated for outdoor social, recreational, and/or worship activities shall be designated on the site plan.

B.

There shall be no outdoor loudspeakers or amplified sound outside of a totally enclosed building, except for church bells, call to prayer, or other similar purposes.

C.

Facilities incidental to religious institutions, when located in residential districts, must be used for worship or religious education purposes, in a manner which is consistent with residential zoning and compatible with adjacent residential property. No buildings shall be used, leased, or rented for commercial purposes.

D.

All front, side and rear yard space shall be a minimum of fifty (50) feet each from adjoining lot lines.

A.

General Standards. It is the intent of this Section to establish standards for schools that will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

B.

Pre-Schools. All nursery, kindergarten, and pre-schools are subject to the same regulations as day care centers, as set forth in Section 13.07.

C.

Elementary Schools.

1.

The minimum lot width shall be two hundred (200) feet.

2.

All buildings shall be set back a minimum of fifty (50) feet from any perimeter property boundary.

D.

Middle and High Schools.

1.

The minimal lot width shall be four hundred (400) feet.

2.

All buildings shall be set back a minimum of seventy-five (75) feet from any perimeter property boundary.

A.

The following are the types of vendors and/or products permitted at an artisan and/or farmers' market include the following:

1.

Agricultural products (i.e., fruits, vegetables, herbs, flowers, or nursery crops from seed or purchased "starters") that are personally cared for, cultivated, and harvested.

2.

Agricultural products that are processed for pre-packaged sale (i.e., milk, cheese, oils, vinegars, meats, poultry, eggs, honey, soap, and herbal preparations).

3.

Sale of fresh food products that have been personally prepared (i.e., juice, baked goods, jams, etc.).

4.

Produce purchased from local farmers and resold directly to the customer.

5.

Craft objects made by hand from "raw" materials (i.e., wax, clay, wood, metal, leather, etc.).

6.

Food trucks operating in support of a market or as a special event.

B.

The hours of operation, parking, dimensional requirements, signage, lighting, etc. shall be evaluated as a part of the special land use request.

A.

Filling Stations and Repair Garages.

1.

All activities related to automobile service and repair equipment shall be entirely enclosed within a building located not less than forty (40) feet from any street lot line, and not less than ten (10) feet from any side lot line.

2.

The curb cuts for ingress and egress to a filling or service station shall not be permitted at any location that create congestion and/or traffic hazards on the streets immediately adjacent thereto. Entrances shall conform to specifications of the Village of Dundee engineering standards.

3.

Outdoor storage of trash, including new or discarded vehicle parts, shall be contained within a solid, unpierced enclosure located within the rear of the property.

4.

Motorized vehicle sales shall not be permitted on the premises when the principal use is an automobile filling station, repair garage, service station, and automobile wash.

5.

Storage of vehicles rendered inoperative, either through damage or disrepair or any other cause, and vehicles without current license plates, shall be limited to a period of not more than thirty (30) days and then only for the purpose of temporary storage pending transfer to a junkyard. Such storage shall not occur in front of the building line. Such inoperative vehicles shall not be sold or advertised for sale on the premises.

6.

All coverings of the service or filling station gasoline pumps shall be no taller than the principal structure and constructed of compatible materials. Such canopies shall not be lit internally for signage purposes. All proposed lighting shall be fully recessed.

7.

Gasoline pumps shall be located not less than fifteen (15) feet from any lot line and shall be arranged so that motor vehicles do not park upon or overhang any public sidewalk, street or right-of-way while waiting for or receiving fuel service.

8.

A filling or service station shall have no more than eight (8) pump stations and two (2) enclosed stalls for servicing, lubricating, greasing and/or washing motor vehicles. An additional two (2) pump stations and/or one (1) enclosed stall may be included for each additional two thousand (2,000) square feet of lot area above the minimum twenty thousand (20,000) square feet.

9.

A convenience store or restaurant, with or without a drive-through may be located within the station providing it complies with parking standards set forth in Article 16.

B.

Automobile Wash Facilities.

1.

Coin-operated/Self-Service Establishments.

a.

All buildings shall have a front yard setback of not less than thirty (30) feet.

b.

All washing facilities shall be within an enclosed shelter.

c.

Vacuuming and drying areas may be located outside the building but shall not be closer than fifteen (15) feet to any residential district.

d.

All cars required to wait for access to the facilities shall be provided space off the street right-of-way.

e.

Ingress and egress points shall be located at least sixty (60) feet from the intersection of any two (2) streets.

f.

A five (5) foot completely obscuring brick, stone, or similar material wall shall be provided along the property line were abutting a residential district.

2.

Full-Service Establishments.

a.

All buildings shall have a front yard setback of not less than sixty (60) feet.

b.

All washing facilities shall be within a completely enclosed building.

c.

Vacuuming and drying areas may be located outside the building but shall not be closer than twenty-five (25) feet to any residential district.

d.

All cars required to wait for access to the facilities shall be provided space off the street right-of-way.

e.

Ingress and egress points shall be located at least sixty (60) feet from the intersection of any two (2) streets.

f.

A five (5) foot completely obscuring brick, stone, or similar material wall shall be provided along the property line were abutting a residential district.

A.

No vehicle shall be parked within twenty (20) feet of any street right-of-way.

B.

All repair and maintenance activities shall meet the standards set forth in Section 13.05.

A.

General:

1.

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

2.

A state licensed family day care home of six (6) or fewer children shall be considered a residential use of property.

B.

Child day-care centers are subject to the following standards:

1.

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

2.

A separate drop-off and pick-up area shall be provided adjacent to the main building entrance, located off a public street 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.

3.

There shall be an on-site outdoor play area of the greater of one thousand five hundred (1,500) square feet or seventy-five (75) square feet for each child. Said play area shall not be located within the front yard. This requirement may be waived by the Planning Commission if a public play area is available within five hundred (500) feet from the subject parcel.

4.

All outdoor play areas shall be enclosed by a fence that is designed to discourage climbing and is at least four (4) feet in height, but no higher than six (6) feet.

5.

For each child, a center shall have a minimum of fifty (50) square feet of indoor activity space for use by, and accessible to, the child, exclusive of all of the following: hallways, storage areas and cloakrooms, kitchens and reception and office areas.

6.

Appropriate licenses with the State of Michigan shall be maintained.

C.

Child Group Day Care Homes:

1.

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located;

2.

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

3.

There is provision of an outdoor play area that is at least five hundred (500) square feet, and which is not part of the front yard setback. This requirement may be waived by the Planning Commission if a public open space is within five hundred (500) feet of the subject parcel;

4.

All outdoor play areas shall be enclosed by a fence that is designed to discourage climbing, and it at least four (4) feet in height, but no higher than six (6) feet;

5.

The hours of operation do not exceed sixteen (16) hours within a twenty-four (24) hour period, with a limitation on activity between the hours of 10:00 p.m. and 6:00 a.m.;

6.

One (1) off-street parking space per employee not a member of the group day care home family shall be provided.

A.

All storage shall be contained within a building.

B.

Other than the rental of storage units, no commercial, wholesale, retail, industrial, or business use shall be permitted on or operated from the premises.

C.

The storage of any toxic, explosive, corrosive, or hazardous material shall be prohibited.

D.

On-site management and/or controlled access shall be provided during hours of operation.

E.

All storage units shall be served by paved access drives between buildings. Access drives shall also provide for continuous traffic circulation around all storage buildings. The minimum width of access drives serving storage units shall be twenty-four (24) feet when storage units open onto one (1) side of the access drive and thirty-six (36) feet with storage units open onto both sides of the access drive.

A.

The funeral home shall be a licensed facility by the State of Michigan.

B.

A funeral home may contain a dwelling unit for the owner and/or caretaker.

A.

Storage shall not be located within the required front yard. Stored materials shall not be located in any required parking or loading space(s). Storage of any kind shall not interfere with ingress and egress of fire and emergency vehicles and apparatus.

B.

Open storage of building materials, sand, gravel, stone, lumber, open storage or construction contractor's equipment and supplies shall be permitted, provided such storage is screened on those sides abutting any residential district or public thoroughfare in accordance with the requirements of Section 14.05.C.

C.

The location and size of areas for storage, nature of items to be stored therein, and details of the enclosure, including a description of materials, height, and typical elevation of the enclosure, shall be provided as part of the information submitted under Article 8, Site Plan Review.

D.

The loading and unloading of equipment shall be conducted entirely within the site and shall not be permitted within a public right-of-way.

A.

Minimum lot area shall be no less than two thousand (2,000) square feet per bed.

B.

Perimeter setbacks shall be no less than fifty (50) feet from a property line.

C.

The lot location shall be such that at least one (1) property line abuts a collector street, secondary thoroughfare, or primary thoroughfare. More than one (1) point of vehicle ingress and egress shall be provided directly from said thoroughfare.

D.

Ambulance entrances shall be screened from adjacent residentially areas in accordance with the standards set forth in Section 14.05.C.

Shall be subject to the following:

A.

Hotels and motels may be permitted in the B-1 Central Business District as a special land use provided that lodging rooms are not located on the ground floor level of the building.

B.

Hotels and motels that include a restaurant, bar/lounge, exhibition, or meeting space shall provide parking to accommodate all uses in accordance with the standards set forth in Article 16 Parking.

A.

The minimum lot size shall be one and one-half (1.5) acres.

B.

Structures or pens shall not be located less than two hundred (200) feet from a public right-of-way or less than fifty (50) feet from a side or rear lot line.

C.

Kennels shall not be located less than three hundred (300) feet from any residential dwelling or Residential District.

D.

The kennel shall be established and maintained in accordance with the applicable County licensing regulations.

These provisions are intended to regulate retail establishments of greater than thirty thousand (30,000) square feet of floor area, whether located as an individual use on a single site or as part of a shopping center with a grouping of attached and/or detached buildings. Such stores are primarily focused on attracting consumers from a market area larger than the Village. Specific standards are required to ensure that large scale retail stores can be adequately served by, and do not create an inordinate impact upon roads, utilities, storm drainage and police and fire services, and are subject to the following standards:

A.

Building Design Standards.

1.

Façades and exterior walls:

a.

Façades greater than one hundred (100) feet in length, measured horizontally, shall incorporate projections or recesses extending at least twenty (20%) percent of the length of the facade. No uninterrupted length of facade shall exceed one hundred (100) horizontal feet.

b.

Ground floor façades that face public streets shall have arcades, display windows, entry areas, awnings, or other such features along no less than fifty (50%) percent of their horizontal length.

c.

Building façades must include a repeating pattern that includes no less than two (2) of the following elements: color change; texture change; and an expression of architectural or structural bays through a change in plane no less than twelve (12) inches in width, including, but not limited to, an offset, reveal or projecting rib.

2.

Roofs. Roofs shall have no less than two (2) of the following features:

a.

Parapets concealing flat roofs and rooftop equipment including, but not limited to, HVAC units from public view are required. Parapets shall not exceed one-third (⅓) of the height of the supporting wall at any point. Such parapets shall feature three-dimensional cornice treatment.

b.

Overhanging eaves, extending no less than three (3) feet past the supporting walls.

c.

Sloping roofs with an average slope greater than or equal to one (1) foot of vertical rise for every three (3) feet of horizontal run and less than or equal to one (1) foot of vertical rise for everyone (1) foot of horizontal run; and

d.

Three (3) or more roof slope planes.

3.

Materials and Colors.

a.

Predominant exterior building materials shall be high quality material, including, but not limited to, brick, stone, and integrally tinted/textured concrete masonry units.

b.

Facade colors shall be low reflectance, subtle, neutral or earth tone colors. The use of high-intensity colors, metallic colors, black or fluorescent colors shall be prohibited.

c.

Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas.

d.

Exterior building materials shall provide texture to at least fifty (50%) percent of the facade and shall not be completely made up of smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels.

4.

Entryways. Each principal building on a site shall have clearly defined, highly visible customer entrances.

B.

Site Design Standards.

1.

Parking lot location. No more than fifty (50%) percent of the off- street parking area devoted to the large-scale retail establishment shall be located between the front facade of the principal building and the abutting streets.

2.

Connectivity. The site design must provide direct connections and safe street crossings to adjacent land uses. Pavement/material changes at drive crossings should be installed where possible to better define pedestrian crosswalks.

C.

Pedestrian circulation.

1.

Internal pedestrian walkways, no less than six (6) feet in width, shall be provided connecting the public sidewalk to the principal customer entrance of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity including, but not limited to, transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flowerbeds, ground covers or other such materials for no less than fifty (50%) percent of the length of the walkway.

2.

Sidewalks, no less than eight (8) feet in width, shall be provided along the full length the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalks shall be located at least ten (10) feet from the facade of the building to provide planting beds for foundation landscaping, except where features including, but not limited to, arcades or entryways are part of the facade.

3.

All internal pedestrian walkways which cross or are incorporated with vehicular driving surfaces shall be distinguished from such driving surfaces through the use of durable, low maintenance surface materials including, but not limited to, pavers, bricks or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways. Surface materials used for internal pedestrian walkway shall be designed to accommodate shopping carts.

D.

Central features and community space. Each large scale retail establishment subject to these standards shall contribute to the establishment or enhancement of community and public spaces by providing at least two (2) of the following: patio/seating area, pedestrian plaza with benches, transportation center, window shopping walkway, outdoor playground area, kiosk area, water feature, clock tower or other such deliberately shaped area and/or a focal feature or amenity that, in the judgment of the Village, adequately enhances such community and public spaces. Any such areas shall have direct access to the public sidewalk network, and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape.

E.

Outdoor storage areas shall be prohibited.

A.

All drive through facilities for permitted and special land uses including, but not limited to, restaurants, banks, etc. are restricted to the side or rear elevations of all structures that provide drive through services.

B.

A setback of at least sixty (60) feet shall be maintained from an existing or proposed right-of-way.

C.

Ingress and egress points shall be located at least sixty (60) feet from the intersection of any two (2) streets measured from the road right-of-way lines.

D.

A five (5) foot high completely obscuring wall, fence, berm, landscaping, or combination thereof, compatible with the surrounding area shall be provided where abutting residential zoning districts.

Sites for private service clubs, fraternal organizations and lodge halls shall have at least one property line abutting a major thoroughfare.

A sidewalk cafe service operated by a restaurant or other food establishment that sells food for immediate consumption may be permitted in the B-1, B-2, and B-4 District, subject to the following standards, except where such standards may be modified in relationship to a Social District established by the Village:

A.

An outdoor cafe shall be allowed only during normal operating hours of the establishment.

B.

If a sidewalk cafe is located on a public sidewalk (only permitted in the B-1 zoning district), a minimum of five (5) feet of unobstructed, pedestrian access along the sidewalk shall be maintained. Otherwise, all sidewalk cafes shall be located outside of the public sidewalk.

C.

All food preparation shall be inside the establishment.

D.

No music, intercom or other noise shall be permitted that impacts adjacent properties.

E.

Appropriate screening and/or fencing shall be provided as determined to be necessary and advisable by the Planning Commission in the course of its site plan review process.

F.

Cafe service areas shall comply with all regulations and provisions required for the establishment/building.

G.

The exterior of the premises, including the sidewalks, shall be kept clean, orderly, and maintained or the permit may be revoked. All food preparation shall be inside of the premises.

H.

The Village shall not be held liable or responsible for any type of damage, theft or personal injury that may occur as a result of a sidewalk cafe operation.

A.

All activities (such as injections, examinations, surgeries, and other similar activities) must take place inside of a building.

A.

Front, side and rear setbacks for veterinary hospitals or clinics serving Class II or Class III animals are as follows:

1.

Front Yard: No less than twenty-five (25) feet unless specific district require more.

2.

Side Yards: Each side twenty (20) feet unless specific district requires more.

3.

Rear Yard: Thirty-five (35) feet unless the specific district requires more.

Slaughterhouses shall only be permitted when operating in accordance with the provisions of the Michigan Department of Agriculture and the Monroe County Health Department for on-site waste treatment and water supply.

Production of fuels shall only be permitted subject to the Crude Oil Windfall Profit Tax Act of 1980 (P.L. 96-233), which regulates and encourages the production of alcohol fuel through the Bureau of Alcohol, Tobacco and Firearms, Department of Treasury, and in accordance with applicable state and/or national fire code regulations.

Facilities for the dismantling, wrecking, and disposing of junk and/or refuse material and agricultural and automotive vehicles, subject to the standards set forth below.

A.

Such facilities shall be located on a public arterial street, or equivalent major public street as defined in the adopted Village of Dundee Master Plan.

B.

Travel routes for trucks entering and leaving the shall not pass-through residential areas.

C.

The site plan shall contain a description of the location and nature of any materials processing operations to be conducted within the junkyard, and the location and nature of equipment for such operations.

D.

Material shall be stored in organized rows with open intervals at least twenty (20) feet wide between rows for purposes of fire protection access and visitor safety.

E.

Material shall not be stored in piles higher than the top of the fence surrounding the junkyard. Automobiles, trucks, and other vehicles shall not be stacked so as to prohibit fire protection and to protect safety of visitors.

F.

The facilities shall be maintained in such a manner as to prevent the breeding or harboring of rats, insects, or other vermin.

G.

The facility, when established and located within one thousand (1,000) feet of any existing residential district, as measured on a straight-line distance between lot lines, shall not be open for business and shall not be operated at any time other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and Saturdays, and shall not be open for business or otherwise operate on Sundays or legal federal holidays.

H.

Burning shall be prohibited except within an enclosed incinerator, and only if the burning operation and incinerator are approved by the Village Fire Marshal or other designated fire official, the Zoning Enforcement Officer, and the County Health Department.

I.

All flammable liquids contained in automobiles and other vehicles shall be drained immediately after such vehicles are brought to the junkyard. Such liquids are to be stored in containers approved by the Fire Chief or other designated fire officials.

J.

All drives, parking areas, and loading/unloading areas shall be paved, oiled, watered or chemically treated so as to limit nuisances caused by windborne dust on neighboring properties and on public roads.

K.

There shall be not more than one (1) entrance way from each public street which adjoins the facility.

L.

Fencing shall be required as follows:

1.

A solid, opaque fence or wall, seven (7) feet high as measured from grade at each post in the case of a fence, or at ten (10) feet intervals in the case of a wall, shall be provided along each public street frontage. The fence or wall shall be located at the required front setback line. Gates shall also be made of solid, opaque material. The front yard shall be landscaped and continuously maintained as a lawn.

2.

Where the junkyard is adjacent to a rural or urban residence, or commercial district, a solid, screen type fence or wall seven (7) feet high shall be provided on any side or rear property line or portion thereby, adjoining such lots.

3.

The fence or wall shall be continuously maintained in such a manner that breakages, decay, etc., are repaired within an appropriate period of time and routine maintenance, such as painting, etc., will also be performed within an appropriate period of time.

4.

Strips of metal, plastic or other materials inserted into wire fences shall not be permitted for any fence enclosing a junk yard.

M.

Wrecking and processing operations are permitted in material recovery facilities but shall be described in the application for the special land use approval.

A.

Intent and Rationale. In the development and execution of this Article, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable, operations characteristics, particularly when several of them are concentrated under certain circumstances, thereby having deleterious effect upon adjacent areas. Special regulations of these uses are necessary to ensure that these adverse effects will not contribute to the blighting, deteriorating and/or downgrading of the area, and that area adjacent thereto. These special regulations are itemized in this subsection. The Village believes that control or regulation is for the purpose of preventing a concentration of these uses in any one area, i.e., not more than one (1) such use within three thousand (3,000) feet of another such use.

It is further recognized in the development of this subsection that the prohibition against the establishment of more than one (1) adult entertainment use within three thousand (3,000) feet of each other serves to avoid the clustering of a blighted or deteriorated area frequented by vagrants, and the like; such prohibition further serves to avoid the deleterious effects of blight and devaluation of both business and residential property values resulting from the establishment of Adult Entertainment Uses (as defined in this Article) immediately adjacent to residential neighborhoods; such prohibition further serves to prevent the deleterious effect of blight and devaluation of recreational, educational and/or religious uses.

It is further recognized in the development of this Ordinance and this Section that concern for, and pride in, the orderly planning and development of the neighborhood and area should be encouraged and fostered in those persons who comprise the business and residential segments of that neighborhood and area.

B.

Prohibition. Unless and until approval is first sought and obtained hereunder, it shall be unlawful to hereafter establish any Adult Entertainment Use (as defined herein). Such application for approval shall be reviewed in accordance with the provisions and standards of this section and Article 13, Special Land Uses, provided that the Special Land Use approval shall be granted by the Village Board of Trustees based upon a recommendation by the Planning Commission following a public hearing.

C.

Requirements:

1.

The nearest point of any adult entertainment use building shall be at least three thousand (3,000) feet from the nearest property line of any of the following, except as provided in Section 13.22.D.2 below:

a.

public, private, or parochial school;

b.

library;

c.

park, playground, or other recreational facility which admits minors;

d.

day-care center, or nursery schools;

e.

church, convent, monastery, synagogue, or other similar place of worship;

f.

"any "Class C" establishment licensed by the Michigan Liquor Control Commission;

g.

specially designated dealers or specially designated merchant's establishments;

h.

pool or billiard halls;

i.

arcades;

j.

pawn shops;

k.

hotels, motels or bed and breakfast inns;

l.

dance clubs catering primarily to teenagers, ice or roller-skating rinks, movie theaters and other similar uses which typically cater to or admit minors;

m.

another existing or approved Adult Entertainment Use except as provided in Section 13.22.D.2below; and

n.

any residential zoning district.

2.

Such distance shall be measured along the centerline of the street between the two (2) fixed points on the centerlines determined by projecting straight lines at right angles from the part of the above listed use nearest to the contemplated location of the structure containing the Adult Entertainment Use and from the contemplated location of the structure containing the Adult Entertainment Use nearest to a use listed in Section 13.22.C.1 above.

3.

The site and building of any Adult Entertainment Use shall be designed to meet the following standards:

a.

Maximum size of the building shall be five thousand (5,000) square feet of gross floor area.

b.

Building Architectural Design: Architectural design and materials must be compatible with the character of the surrounding area. Design compatibility includes complementary building style, form, size, color, and materials. The erection of new structures shall not be grossly dissimilar (obviously different) to the exterior design and appearance of existing structures in the district or those found in the M-1 or M-2 District and surrounding area.

c.

Exterior Finish Material. Exterior finish material of all building facades, exclusive of window areas, shall consist of high-quality building materials consistent with buildings in traditional urban environment, including brick or stone. Concrete masonry units may be permitted on the rear of the building upon approval by the Planning Commission.

d.

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 ordinance) cannot be observed by pedestrians, motorists on a public right-of-way or from an adjacent land use. No exterior door or window on the premises shall be kept open at any time while the business is in operation.

e.

Adult entertainment uses shall be located within a freestanding building. A shared or common wall structure or shopping center is not considered to be a freestanding building.

f.

The building shall provide sufficient sound-adsorbing insulation so noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way.

g.

The Planning Commission shall determine the type of buffer zone to be required and maintained along the side and rear lot lines, based on the site conditions, views from public streets, and distance and type of surrounding land uses.

h.

The sign(s) and exterior building color(s) shall be reviewed and approved by the Village Board of Trustees.

i.

The hours of operation shall be approved by the Village Board of Trustees.

j.

Access to the site shall be from a major thoroughfare.

k.

Any Adult Entertainment Use which allows customers to remain on the premises while viewing live, filmed, or recorded entertainment, or while using or consuming the products or services supplied on the premises shall provide at least one (1) security guard on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is in operation.

D.

Application and Review. Any person desiring to establish an Adult Entertainment Use shall submit an application for special land use approval in accordance with Article 9.

1.

The Planning Commission shall conduct a public hearing and thereafter make a recommendation to the Village Board of Trustees based on the following criteria:

a.

All locational and design requirements of this Section are met.

b.

The site layout and its relation to streets giving access to it, shall be such that vehicular and pedestrian traffic to and from the use or uses, and the assembly of persons in connection therewith, will not be clearly hazardous, endangered, or inconvenient to the neighborhood. In applying this standard, the Village shall consider, among other things: convenient routes for pedestrian traffic, the relationship of the proposed use to main vehicular traffic thoroughfares and to streets and road intersections, and the general intensity of the existing and potential development of the neighborhood. The Village Board of Trustees shall determine that the proposed use will not have a clear detrimental effect.

c.

The proposed use will not clearly cause a nuisance, and/or harm the public health, safety, and general welfare and/or an unreasonable diminution to the value of other property in the immediate area.

d.

The application meets all standards for Special Land Uses contained in Article 9.

2.

The Village Board of Trustees may waive the location provision requiring minimum distances between Adult Entertainment Uses and those uses identified in Section 13.22.C.1 above, in accordance with the following:

a.

Location provisions may not be waived from any Residential District, public, private, or parochial school or church, convent, monastery, synagogue, or other similar place of worship;

b.

The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this Article will be observed;

c.

The proposed use will not contribute to, create, enlarge and/or encourage a blighted or deteriorated area;

d.

That all applicable regulations of this Article will be observed; and,

e.

There is no other reasonable location in the Village at which the use is suited.

3.

In accordance with Section 13.22.C, it shall be unlawful to hereafter establish any entertainment use if the proposed entertainment use will be within a three thousand (3,000) foot radius of any single-family residential zoning district, public, private, or parochial school or church, convent, monastery, synagogue, or other similar place of worship.

4.

Prior to granting a permit for any Adult Entertainment Use, the Village Board of Trustees may impose any such conditions or limitations authorized by law in connection with the grant of special uses.

A.

Commercial Recreation:

1.

Indoor uses shall include but not be limited to the following: batting cages, bowling alleys, courts and fields for activities including football, baseball, soccer, tennis, and basketball, driving ranges, go-carts, archery ranges, paint ball, laser tag, skating rings and arenas, swimming pools, athletic fitness clubs, dance studios and other similar uses as approved by the Planning Commission.

2.

Outdoor uses shall be limited to non-motorized recreational activities such as football, baseball, soccer, tennis, and basketball, driving ranges, skating rinks, swimming pools, and other similar uses as approved by the Planning Commission.

3.

The expected traffic generated by such uses and proposed circulation pattern shall not impede the traffic flow of the surrounding uses.

4.

The use must be located within eight hundred (800) feet of a public arterial street, or equivalent major public street as defined in the adopted Village of Dundee Master Plan.

5.

The front, side and rear yard minimum building setbacks shall be fifty (50) feet.

6.

Maximum height shall be thirty (30) feet. However, additional height may be allowed for inflatable or domed recreational facilities as approved by the Planning Commission.

7.

No less than a one hundred (100) foot setback for buildings or parking areas shall be retained along all parcel perimeters abutting a residentially zoned or used parcel.

8.

Building design and materials must be compatible with the existing or intended character of the surrounding area, as determined by the Planning Commission.

9.

The hours of operations shall be limited to between 9:00 a.m. and midnight.

10.

Outside storage shall be prohibited.

B.

Private Recreation Uses: Private parks, country clubs, golf courses and recreational areas shall meet the following requirements:

1.

Private parks, country clubs, golf courses and recreational areas shall be located on a contiguous parcel of five (5) or more acres of land.

2.

Structures associated with uses such as private parks, country clubs, golf courses, golf driving ranges, and other similar recreational facilities operated for a profit shall be located at least two hundred fifty (250) feet from a lot line or any adjacent residence or residential district, and all ingress and egress from the parcel shall be directly onto a major thoroughfare. Structures associated with gun clubs shall be situated a minimum of one thousand (1,000) feet from the edge of a public thoroughfare and/or residence or residential district.

3.

All primary activities associated with these uses conducted out-of-doors or in a manner that would create significant or undue disturbance to adjacent uses shall be limited to hours of operation of 7:00 a.m. to 10:00 p.m., unless approval for an extension of that period is obtained from the Board of Appeals.

A.

Purpose and Intent. The regulations of this Section are intended to conform with federal laws and administrative rules governing facilities needed to operate wireless communication systems and to set forth procedures and standards for review and approval for the location of such facilities within the Village of Dundee. It is the Village's intent to reasonably regulate the location and design of such facilities to retain the integrity of neighborhoods and the character, property values and aesthetic quality of the Village. Given the increase in the number of wireless communication facilities requested as a result of the new technology and the Federal Telecommunications Act of 1996, it is the policy of the Village that all users co-locate on Attached Wireless Communication Facilities and Wireless Communication Support Structures. Co-location is proposed in order to assure the most economic use of land and to prevent the proliferation of duplicative services. In recognition of the Village's concern that technological advances may render certain Wireless Communication Facilities obsolete or unnecessary in the future, requirements are set forth for the removal of unused or unnecessary facilities in a timely manner and provide security for their removal.

B.

Zoning Districts and the Approval Process for Wireless Communication Facilities. Wireless Communication Facilities may be located within the Village in accordance with the Table set forth below.

1 Height may be increased ten (10) feet were determined necessary to provide future co-location.

C.

Application Requirements. The following information shall be provided with the application, in addition to other submittal requirements for sketch plan or site plan.

1.

Signed certification by a professional engineer licensed by the State of Michigan with regard to the manner in which the proposed structure will fall in the event of damage, accident, or injury (i.e., "fall zone"), and that the setback area provided accommodates the structure should it fall or break and provide a reasonable buffer in the event the structure fails.

2.

A description of performance guarantee to be posted at the time of receiving site plan or administrative sketch plan approval, as applicable, for the facility to ensure removal of the facility when it is abandoned or is no longer needed. The applicant shall demonstrate that funds will be available to the Village for removal of any structure used for wireless communication in an amount that reasonably reflects the cost of removal of the facility and restoration of the property or structure upon which the facility is located or placed. Adequate funds shall also be provided to cover the Village's administrative costs in the event that the applicant or its successor does not remove the Wireless Communication Facility in a timely manner.

3.

The security shall, at the election of the Village Board of Trustees, be in the form of: (1) cash; (2) security bond; or (3) an agreement in a form approved by the Village Attorney and recordable at the office of the County Register of Deeds, establishing a promise of the applicant and owner of the property, or their successors, to remove the facility in a timely manner as required under this Section. It shall further be provided that the applicant, owner, or successor, shall be responsible for payment of any costs or attorney fees incurred by the Village in securing removal.

4.

A map that illustrates existing and known proposed wireless communication facilities within the Village of Dundee and Dundee Township, which are relevant in terms of potential co- location or to demonstrate the need for the proposed facility. To the extent the information in question is on file with the Village, the applicant shall be required only to provide an update as needed. Any such information that 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 (MCL 15.243(1)(g)). This Section 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 Village.

5.

For all new facilities, in recognition of the Village policy to promote co-location, a written agreement, transferable to all assessors and assigns, that the operator shall make space available on the facility for co-location.

6.

The name, address, and phone number of the person to contact for engineering, maintenance, and other notice purposes. This information shall be continuously updated during all times the facility is on the premises.

D.

Design Standards Applicable to All Facilities. In addition to the Criteria of Site Plan Review and Special Land Use Review, all wireless communication facilities shall be constructed and maintained in accordance with the following standards:

1.

Facilities shall be located and designed to be harmonious with the surrounding areas. The Planning Commission may require a unique design for the structure to either diminish the visual impact or to create an architectural feature that will contribute to or enhance community character.

2.

A permit for the construction and use of a new wireless communication facility shall not be granted until the applicant demonstrates a feasible co-location is not available for the coverage area and capacity needs.

3.

All new and modified wireless communication facilities shall be designed and constructed to accommodate co-location, with a written agreement in a format approved by the Village Attorney.

4.

Landscaping shall be provided to screen the structure base, accessory buildings and enclosure from adjacent uses and public rights-of-way.

5.

Elevations of the accessory buildings shall be provided. All accessory buildings shall be constructed of brick, provided the Planning Commission may waive this requirement for a building that is located in the M-1 Manufacturing or M-2 Heavy Manufacturing Districts and is not visible from a public right-of-way or all other zoning districts.

6.

Fencing shall be provided for protection of the support structure and security from unauthorized person to prevent access to the facility.

7.

Any non-conforming situations on the site, such as outdoor storage, signs, inadequate landscaping, unpaved parking, lack of a sidewalk, improper lighting or similar conditions shall be brought into conformance prior to the erection of the wireless communication facility. If existing buildings or structures are not in conformance with the current standards of this Article, improvements shall be made to decrease the non-conformity or additional landscaping shall be provided to reduce the impact of the non-conformity and the wireless facility.

8.

The operator shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.

9.

The applicant shall demonstrate that the requested height of the new or modified support structure and antenna shall be the minimum height necessary for reasonable communication by the applicant, including additional height to accommodate future co-location, where appropriate.

10.

Minimum required setbacks for a new facility or support structure.

a.

From any Residential District - The height of the structure, plus twenty-five (25) feet, provided the engineering information required is provided. The person or body with authority to approve the facility may decrease this setback to that provided in Section 13.24.D.10.c upon a finding that no residential use exists or is expected on the adjacent site.

b.

From any existing or proposed rights-of-way or other publicly traveled roads or non-motorized improved pathways - one-half (0.5) the height of the structure, plus twenty-five (25) feet, provided the engineering information required is provided; otherwise, the setback shall be the height of the facility.

c.

From Non-Residential Districts - one-half (0.5) the height of the structure, plus ten (10) feet, provided the engineering information required demonstrates such setback is adequate.

11.

Accessory buildings shall be a maximum of fourteen (14) feet high and shall be set back in accordance with the requirements for principal buildings in that zoning district.

12.

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.

13.

Where an attached wireless communication facility is proposed on the roof of a building if the equipment enclosure is proposed as a roof appliance or penthouse on the building, it shall be designed, constructed, and maintained to be architecturally compatible with the principal building. Antennas shall be concealed by means such as a radio-transparent shield, disguised, painted, or otherwise designed to blend into the façade or roof of the structure. 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.

14.

The support system shall be constructed in accordance with all applicable building codes and shall include the submission of a soils report from a geo-technical 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.

15.

The requirements of the Federal Aviation Administration, Federal Communication Commission, Michigan Aeronautics Commission and Michigan Tall Structures Act shall be noted. Any aviation hazard lighting shall be detailed on the plans.

16.

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.

E.

Removal. As a condition of every approval of a wireless communication facility, adequate provision shall be made for removal of all or part of the facility by users and owners upon the occurrence of one (1) or more of the following events:

1.

When the facility has not been used for one hundred-eighty (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.

2.

Six (6) months after new technology is available at reasonable cost, as determined by the Village Board of Trustees, which permits the operation of the communication system without the requirement of the support structure.

3.

The situations in which removal of a facility is required, as set forth in paragraph (a) above, may be applied and limited to portions of a facility.

4.

Upon the occurrence of one (1) or more of the events requiring removal, specified in paragraph (a) 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 Zoning Enforcement Officer.

5.

If the required removal of a facility or a portion thereof has not been lawfully completed within sixty (60) days of the applicable deadline, and after at least thirty (30) days written notice, the Village 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.

F.

Co-Location.

1.

Statement of Policy. It is the policy of the Village to minimize the overall number of newly established locations for Wireless Communication Facilities and Wireless Communication Support Structures within the Village and to encourage the use of existing structures for Attached Wireless Communication Facilities. If a provider fails or refuses to permit co-location on a facility owned or controlled by it, where co-location is feasible, the result will be that a new and unnecessary additional structure will be required, in contradiction with Village policy. Co-location shall be required where feasible, as determined by (b) below.

2.

Feasibility of Co-Location. Co-location shall be deemed "feasible" for the purpose of this Section where all of the following are met:

a.

The wireless communication provider or property owner where co-location is proposed will accept market rent or other market compensation for collocation and the wireless communication provider seeking the facility will pay such rates.

b.

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

c.

The co-location being considered is technically reasonable, e.g., the co-location will not result in unreasonable interference, given appropriate physical and other adjustments in relation to the structure, antennas, and the like.

G.

Nonconforming Facilities and Penalties for Not Permitting Co-Location. If a party who owns or otherwise controls a wireless communication facility shall fail or refuse to alter a structure to accommodate a proposed and otherwise feasible co-location, 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. In addition, if a party refuses to allow co-location in accordance with the intent of this Section, and this action results in construction of a new tower, the Village may refuse to approve applications for a new wireless communication support structure from that party for a period of up to five (5) years. 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 (5) 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.

H.

Variances. The Zoning Board of Appeals may consider a variance from the standards of this Section, based upon a finding that one (1) or more of the following factors exist, as appropriate for the type of variance requested:

1.

For location, the applicant has demonstrated that a location within a district or location in accordance with the standards of this Section cannot reasonably meet the coverage or capacity needs of the applicant.

2.

For variances from the co-location requirement, the applicant must demonstrate that a feasible co-location is not available for the coverage area and capacity needs because existing structures cannot support the facility, that co-location would result in unreasonable interference, or that reasonable financial terms are not available for co-location.

3.

For setback variances, the applicant shall provide engineering information that documents that the tower is self-collapsing, and that the setback area provided shall accommodate the structure should it fall or break and provide a reasonable buffer in the event the structure fails.

4.

For height variances, the height requested is due to signal interference due to topography, tall buildings, masses of trees, or other obstructions, or would reduce the number of towers to the benefit of the Village.

5.

For all variances, the applicant has proposed means to mitigate any negative impacts through provision for future co-location, if found to be appropriate by the Village, and special design of the facility and site.

6.

For all variance requests, the wireless communication and accessory facilities shall be designed to be compatible with the existing character of the proposed site, neighborhood, and general area, such as a steeple, bell tower, or similar form.

A.

Intent: It is the intent of Village of Dundee to promote the effective and efficient use of Wind Energy Conversion Systems (WESC) by regulating the siting, design, and installation of such systems to protect the public health, safety, and welfare. In no case shall this ordinance guarantee the wind rights or establish access to the wind.

B.

Approval Required: Except where noted in this Section, it shall be unlawful to construct, erect, install, alter, or locate any WECS project within the Village of Dundee unless approval for a special land use has been obtained pursuant to Article 9 and this Section.

C.

General Standards: The following standards shall apply to all private and commercial wind energy conversion systems in the Village of Dundee:

1.

Design Safety Certification. The safety of the design of all private and commercial WECS structures shall comply with all current applicable State of Michigan guidelines and standards.

2.

Fire Suppression, Controls and Brakes. All commercial WECS structures shall be equipped with manual and automatic controls to limit rotation of blades to a speed below the designed limits of the WECS. All commercial WESC structures shall also be installed with automatic fire suppression in the generator housing. The Professional Engineer must certify that the rotor and overspeed control design and fabrication and fire suppression system conform to applicable design standards. No changes or alterations from certified design shall be permitted unless accompanied by a Professional Engineer's statement of certification. Brakes are not required on private WECS structures.

3.

Setbacks. All private and commercial WECS structures must be setback from property lines at a distance equal to or greater than one and one half (1.5) times the height of the structure, measured from the base of the structure to the highest reach of its blade.

4.

Climb Prevention. All commercial WECS structures must be protected by anti-climbing devices such as:

a.

Fences with locking portals at least six (6) feet high;

b.

Anti-climbing devices twelve (12) feet from base of pole; or

c.

Anchor points for guy wires supporting tower shall be enclosed by a six (6) foot high fence or shall be located within the confines of a yard that is completely fenced.

5.

Interference. All private or commercial WECS structures shall be designed and operated to minimize or mitigate interference with existing electromagnetic communications, such as radio, telephone, microwave, or television signals.

6.

Noise Levels. The noise level for either a private or a commercial WECS structure shall comply with the standards set forth in Section 19.06.E Noise.

D.

Additional Standards for Commercial WECS Structures: The following additional standards shall apply to all commercial wind energy conversion systems in the Village of Dundee:

1.

Color. Towers and blades shall be painted a non-reflective neutral color that is approved by the Village of Dundee or otherwise required by law.

2.

Compliance with FAA. It shall be the responsibility of the applicant to obtain the appropriate FAA permits for the WECS structure, or to obtain a determination of no significant impact to air navigation from the FAA.

3.

Warnings. A visible warning sign of High Voltage may be required to be placed at the base of all commercial WECS structures. The sign must have at a minimum six (6) inch letters with three-fourths (¾)inch stroke. Such signs shall be located a maximum of three hundred (300) feet apart and at all points of site ingress and egress.

4.

Performance Bond. The Village shall have on file a performance bond for removal of a commercial structure. The value of the bond shall be in the amount given prior to construction for the cost of removal and any other costs deemed necessary by the Village for inspections.

5.

Removal. A condition of every approval of a commercial WECS structure shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of one (1) or more of the following events:

a.

When the WESC structure has not been used for one hundred-eighty (180) days or more. For purposes of this section, the removal of equipment, or the cessation of operations shall be considered as the beginning of a period of non-use. The applicant shall notify the Village upon cessation of operations or removal of equipment.

b.

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

c.

Upon the occurrence of one (1) or more of the events requiring removal, specified in paragraph a. 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 Village.

d.

If the required removal of a facility or a portion thereof has not been lawfully completed within sixty (60) days of the applicable deadline, and after written notice, the Village 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 from the security posted at the time application was made for establishing the facility.