The intent of this article is to provide standards for special land uses, which are uses which under usual circumstances, could be detrimental to other land uses permitted within the same zoning district, but may be permitted because of circumstances unique to the location of the particular use. This article will provide standards for the planning commission to determine the appropriateness of a given special land use. Accordingly, special land uses should not be permitted without consideration of relevant restrictions or conditions being imposed which address their unique characteristics.

(Ord. No. C-746-2010, § 1, 4-19-10)

A.

Prior to approving a special land use application the planning commission shall require that the following general standards, in addition to the specific standards noted for individual uses in section 35-158, special land use specific requirements, be satisfied. The proposed use or activity shall:

1.

Be compatible and in accordance with the goals, objectives and policies of the City of Farmington Master Plan.

2.

Promote the intent of the zoning district in which the use is proposed.

3.

Be constructed, operated and maintained so as to be compatible with the existing or intended character of the general vicinity and so as not to change the essential character of the area in which it is proposed.

4.

Be served adequately by public facilities and services, such as traffic operations along streets, police and fire protection, drainage structures, water and sewage facilities and primary and secondary schools.

5.

Not involve uses, activities, processes, materials and equipment or conditions of operation that, in comparison to permitted uses in the district, will be detrimental to the natural environment, public health, safety or welfare by reason of excessive production of traffic, noise, smoke, odors or other such nuisance.

B.

Properties for which application for special land use approval is made shall also be subject to site plan review in accordance with the requirements of Article 13, Site Plan Review. Failure to obtain site plan approval will constitute denial of the approved special land use.

(Ord. No. C-746-2010, § 1, 4-19-10)

A.

Any person owning or having an interest in the subject property may file an application for one (1) or more special land use approvals as provided for in this article.

B.

The following materials shall be submitted to the city at least thirty (30) days prior to the meeting at which the planning commission first considers the special land use application:

1.

Payment of the required fee.

2.

Copies of completed application forms.

3.

Copies of a site plan meeting the requirements of Article 13, Site Plan Review.

4.

A written description of the use including an operations plan or other information for purpose of determining whether it is appropriate for the site based on subsection 35-152.A., standards for approval.

(Ord. No. C-746-2010, § 1, 4-19-10)

A.

Upon submission of a special land use application, a public hearing shall be scheduled before the planning commission. Notice of the hearing shall be given as required in the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended.

B.

Following the public hearing, the planning commission shall consider the criteria contained in section 35-152, standards for approval, and section 35-158, special land use specific requirements.

C.

The planning commission may require the submittal of an impact assessment; the analysis shall be carried out by qualified individuals and shall include, but need not be limited to, the impact on: natural features, stormwater management, surrounding land uses, public facilities/services, public utilities and traffic.

D.

After the consideration of the above criteria, the planning commission can either approve, approve with conditions, or deny the special land use application.

(Ord. No. C-746-2010, § 1, 4-19-10)

A.

Prior to granting any special land use approval, the planning commission may impose any additional conditions or limitations as may be necessary for protection of the public interest. Such conditions shall be related to and ensure that the review considerations of section 35-152, standards for approval, and the applicable specific regulations of section 35-158, special land use specific requirements, are met.

B.

The approval of a special land use, including conditions made as part of the approval, runs with the property described as part of the application and not to the owner of such property.

C.

A record of conditions imposed shall be maintained. The conditions shall remain unchanged unless an amendment to the special land use approval is approved.

(Ord. No. C-746-2010, § 1, 4-19-10)

A.

In cases where actual physical construction of a substantial nature of the structures authorized by a special land use approval has not commenced within one (1) year of issuance, and a written application for extension of the approval has not been filed as provided below, the approval shall automatically become null and void and all rights thereunder shall terminate.

B.

Upon written application prior to expiration, the building official may authorize an extension of the time limit of the special land use approval. The building official may elect to send the request to the planning commission.

C.

The granting of a special land use shall allow that particular use to be conforming on the subject property, as long as the standards of this article are maintained.

D.

Any use for which a special land use approval has been granted and which ceases to continuously operate shall be considered evidence as intent to abandon and may render the special land use approval null and void.

E.

No application for a special land use approval which has been denied wholly or in part shall be resubmitted for a period of one (1) year from the date of the order of denial, except on the grounds of new evidence or proof of changed conditions relating to any reason noted for the denial found to be valid by the planning commission.

(Ord. No. C-746-2010, § 1, 4-19-10)

A.

Amendments. Any person or agency who has been granted a special land use approval shall notify the building official of any proposed amendment to the approved site plan of the special land use. The building official shall determine whether the proposed amendment constitutes a minor or major amendment based on the determination standards for all site plans in accordance with the requirements of section 35-165, amendment to approved site plans. A major amendment to a special land use approval shall comply with the application and review procedures contained in this article.

B.

Expansions. An expansion of any use requiring a special land use approval that results in an increase of ten (10) percent or greater of the building, parking, paved areas or site area used for the special land use beyond the approved area, shall require resubmittal in the manner described in this article. A separate special land use approval shall be required for each use requiring special land use review on a lot, or for any expansions of a special land use which has not previously received special land use approval.

C.

Change in Use. The landowner or occupant shall be responsible for informing the building official of any significant change in approved use, operations or activities prior to such change. In this case "significant" refers to any departure from the operation or use described in the approved application or any change that may cause external impacts such as additional traffic, hours of operation, noise or additional outdoor storage or display. The building official shall forward any such information to the planning commission. The planning commission shall determine if a new special land use approval is required.

(Ord. No. C-746-2010, § 1, 4-19-10)

The general standards and requirements of section 35-152, standards for approval, are basic to all uses authorized by a special land use approval. However, certain special land uses, because of their unique character and potential impacts on the welfare of adjacent properties and the city, require additional specific requirements. Such uses are listed below with specific standards and regulations that must be met in addition to the general standards of section 35-152, standards for approval, and other sections of this chapter. Any deviation or waiver from these specific standards must be reviewed and approved by the city council.

A.

Adult Regulated Uses.

1.

Intent and Purpose.

a.

In the development and execution of this section, it is recognized that there are some uses which, because of their adult-oriented nature, have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or when one (1) or more of them are located in near proximity to a residential zone or other sensitive land uses, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects shall not contribute to the blighting or downgrading of the surrounding neighborhood or other sensitive land uses. These special regulations are itemized in this section. These controls are for the purpose of preventing a concentration of these uses within any one (1) area, or to prevent deterioration or blighting of nearby residential neighborhoods and other sensitive land uses. These controls do not legitimize activities, which are prohibited in other sections of the city Code.

b.

The provisions of this section are not intended to offend the guarantees of the First Amendment to the United States Constitution, or to deny adults access to these types of businesses and their products, or to deny such businesses access to their intended market. Neither is it the intent of this section to legitimize activities that are prohibited by city ordinance or state or federal law. If any portion of this section relating to the regulation of adult businesses is found to be invalid or unconstitutional by a court of competent jurisdiction, the city intends said portion to be disregarded, reduced, and/or revised so as to be recognized to the fullest extent possible by law. The city further states that it would have passed and adopted what remains of any portion of this section relating to regulation of adult businesses following the removal, reduction, or revision of any portion so found to be invalid or unconstitutional.

2.

Findings and Rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the city council, and on findings, interpretations, and narrowing constructions incorporated in the cases of California, et al v LaRue, et al (1972) (U.S. Supreme Court); City of Renton v Playtime Theatres, Inc. (1986) (U.S. Supreme Court); Coleman Young (Detroit) v American Mini Theatres, Inc. (1976) (U.S. Supreme Court); Michael Barnes, Prosecuting Attorney of St. Joseph County, Indiana, et al v Glen Theatre, Inc., et al (1991) (U.S. Supreme Court); City of Erie, et al v Pap's A.M., TDBA "Kandyland" (2000) (U.S. Supreme Court); Caren Cronk Thomas and Windy City Hemp Development Board v Chicago Park District (2002) (U.S. Supreme Court); Dennis O'Connor and United Theaters Incorporated v The City and County of Denver, et al (1990) (10th Circuit); Z.J. Gifts D-2, L.L.C. v City of Aurora (1998) (10th Circuit); Sundance Associates, Inc. v Janet Reno; United States Department of Justice (1998) (10th Circuit); American Target Advertising, Inc. v Francine A. Giani, et al (2000) (10th Circuit); ILQ Investments, Inc.; Excalibur Group, Inc. v City of Rochester (1994) (8th Circuit); Bamon Corporation v City of Dayton, et al (1991) (6th Circuit); East Brooks Books, Inc., et al v City of Memphis, et al (1995) (6th Circuit); DLS, Inc. d/b/a Diamonds and Lace Showbar, et al v City of Chattanooga, et al (1997) (6th Circuit); Triplett Grille, Inc., d/b/a The Back Door v City of Akron (1994) (6th Circuit); Richland Bookmart, Inc. d/b/a Town and Country v Randall E. Nichols (1998) (6th Circuit); Connection Distributing Co. v The Honorable Janet Reno (1998) (6th Circuit); In Re: State of Tennessee Public Indecency Statute. Déjà Vu, et al v Metro Government (1999) (6th Circuit); Déjà Vu of Nashville, Inc., et al v The Metropolitan Government of Nashville and Davidson County, Tennessee, et al (2001) (6th Circuit); Greyson Currence v City of Cincinnati (2002) (6th Circuit); Bronco's Entertainment, Ltd v Charter Township of Van Buren (2005) (6th Circuit); Sensations, Inc., et al v City of Grand Rapids, et al (2008) (6th Circuit); Richland Bookmart, Inc., v Knox County, Tennessee (2009) (6th Circuit); Grand Brittain, Inc., et al v The City of Amarillo, Texas (1994) (5th Circuit); Mom n Pops, Inc v City of Charlotte, North Carolina (1998) (4th Circuit); American Library Association, et al. v Janet Reno, et al (1994) (District of Columbia Circuit); Bright Lights, Inc., et al v City of Newport, et al (1993) (U.S. District Court, Eastern District Kentucky); Bigg Wolf Discount Video Movie Sales, Inc. v Montgomery County, Maryland (2002) (U.S. District Court, District of Maryland); Threesome Entertainment, et al v Jack Strittmather, et al (1998) USDC, Northern District of Ohio, Eastern Division); J. L. Spoons, Inc. v City of Brunswick (1999) (USDC Northern District of Ohio, Eastern Division); Broadway Books, Inc., et al v Gene Roberts, as Mayor for the City of Chattanooga, et al (1986 (USDC Eastern District of Tennessee, Southern Division); Truckor v Erie Township (2009) (MI Court of Appeals); Charter Township of Van Buren v Garter Belt, Inc. (2003) (MI Court of Appeals); City of Los Angeles v Alameda Books, Inc. (2002); and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Adult Business Study - Town and Village of Ellicottville, Cattaraugus County, New York (1998); Why and How our City Organized a Joint County-Wide Sexually Oriented Businesses Task Force - Cleburne, Texas (1997); The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard - Garden Grove, California (1991); Traverse City Ad Hoc Committee Report on SOBs (1996); Minnesota Attorney General's Report on SOBs (1989); Crime-Related Secondary Effects of Sexually Oriented Businesses, Report to the County Attorney, Palm Beach County, Florida (2007); Report on Adult Oriented Businesses in Austin (1986); Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles (1977); Houston City Council, Sexually Oriented Business Ordinance Revision Committee Legislative Report (1997); City of Phoenix Planning Department Adult Business Study (1979); City of Amarillo, Texas, Planning Department — A Report on Zoning and Other Methods of Regulating Adult Entertainment in Amarillo (1977); Whittier City Planning Commission Staff Report - Amendment to Zoning Regulations - Adult Businesses in C-2 Zone with Conditional Use Permit (1978); Seattle, Washington, Department of Construction and Land Use Director's Report and Recommendation - Proposed Land Use Code Amendment - Adult Cabarets (1989); Cleveland, Ohio, Police Department, "The Impact of Obscenity Upon the Total Community" (1977); St. Croix County Planning Department Regulation of Adult Entertainment Establishments in St. Croix County (1993); Newport News Department of Planning and Development Adult Use Study (1996); Report on the Secondary Effects of the Concentration of Adult Use Establishments in the Times Square Area (1994); An Analysis of the Effects of SOBs on the Surrounding Neighborhoods in Dallas, Texas (1997); City of Bellevue Memorandum - Location of Adult Entertainment Uses - Background Material (1988); Quality of Life: A Look at Successful Abatement of Adult Oriented Business Nuisances in Oklahoma City, Oklahoma (1984 - 1989); and the National Law Center Summaries of "SOB Land Use Studies" in 43 U.S. Cities (2005); as well as the following articles on adult regulated uses: "Local Regulation of Sexually Oriented Businesses" (2006); "Protecting Communities from Sexually Oriented Businesses" (Chapter 6, Appendices C and D) (2002); "Zoning and Free Speech: A Review of Adult Entertainment Case Law" (1991); "Local Regulation of Lawful Sex Businesses" (1999); "Zoning Ordinances and Free Speech" (2000); "Regulating Sexually Oriented Businesses" (1997); "Everything You Wanted to Know About Regulating Sex Businesses" (Chapters 2, 4 and 6); "Regulating Sex Businesses" (1996); "Sexually Oriented Businesses An Insider's View" (2002); and "Stripclubs According to Strippers: Exposing Workplace Sexual Violence" (1998): the City Council finds:

a.

Sexually oriented businesses and other adult regulated uses, 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, illicit drug use and drug trafficking, negative impacts on property values, urban blight, litter, and sexual assault and exploitation.

b.

Sexually oriented businesses and other adult regulated uses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other such uses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of such uses in one (1) area.

c.

Each of the foregoing negative secondary effects constitutes a harm which the city 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 ordinance, exists independent of any comparative analysis between sexually oriented and nonsexually oriented businesses. Additionally, the city's interest in regulating sexually oriented businesses and other adult regulated uses extends to preventing future secondary effects of either current or future adult regulated uses that may locate in the city. The city finds that the cases and documentation relied on in this section are reasonably believed to be relevant to said secondary effects.

d.

This section has neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. It is not the purpose or intent of this section to restrict or deny lawful access by adults to sexually oriented materials, nor to deny access by the distributors and exhibitors of sexually oriented materials to their intended markets. It is not the purpose or intent of this section to impose judgment on the content or merits of any constitutionally protected form of speech or expression.

3.

Regulated Uses. The following uses are regulated by this subsection:

a.

Sexually oriented businesses and adult motels.

b.

Massage parlors, except those defined as therapeutic massage or licensed by the State of Michigan and meeting the criteria outlined in Article 21, Definitions.

c.

Pawnshops.

d.

Pool and billiard halls, not accessory to a restaurant or bar principal use.

e.

Tattoo parlors.

4.

Requirements.

a.

Location. In addition to compliance with the other provisions of this section, the following separation and distancing requirements apply to regulated uses:

(1)

Regulated uses shall be permitted in the IND zoning district only, and shall be subject to in all respects the standards and use provisions applicable to the district in which it is located or proposed to be located.

(2)

No regulated use may be located within one thousand (1,000) feet from the property line of another regulated use or a secondhand dealer. For purposes of this subsection, the distance between any two (2) regulated uses shall be measured in a straight line, without regard to intervening structures or objects, from the property line of the proposed regulated use to the closest point of any structure associated with the existing regulated use.

(3)

No regulated use may be located within one thousand (1,000) feet from the property line of any school property, church or other place of worship, public park, public or private recreational facility, child care facility, nursery school, preschool or other use that is primarily oriented to youth (less than eighteen (18) years of age) activities. For the purpose of this subsection, measurement shall be made in a straight line, without regard to the city's boundary lines or intervening structures or objects, from the property line of the proposed regulated use to the nearest property line of any lot or parcel in residential use, school property, church or place of worship, public park, child care facility, nursery school, preschool or other use which is primarily oriented to youth (less than eighteen (18) years of age) activities.

(4)

All structures dedicated to any regulated use shall be located at least four hundred (400) feet from the nearest property line of a residential zoning district.

(5)

No regulated use shall be located in any principal or accessory structure already containing another regulated use.

b.

Site Design.

(1)

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

(2)

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 cannot be observed by pedestrians and motorists on a public right-of-way or from an adjacent land use.

(3)

A sexually oriented business shall be located within a freestanding building. A shared or common wall structure or shopping center is not considered to be a freestanding building.

(4)

The color of the building materials shall be reviewed and approved by the planning commission.

(5)

Access shall be from a major street only.

c.

Other Requirements.

(1)

The hours of operation of any adult cabaret shall be limited to 8:00 a.m. to 2:00 a.m. The hours of operation for all other sexually oriented businesses shall be 8:00 a.m. to 12:00 midnight.

(2)

No person operating a regulated use shall permit any person under the age of eighteen (18) years of age to be on the premises.

(3)

Alcohol is prohibited on the premises of any regulated use.

(4)

Entrances to a proposed sexually oriented business must be posted on both the exterior and interior walls, in a location clearly visible to those entering and exiting the business, and using lettering no less than two (2) inches in height that: a) "Persons under the age of 18 are not permitted to enter the premises," and b) "No alcoholic beverages of any type are permitted within the premises."

(5)

Regulated uses shall comply with all other laws and ordinances applicable to the particular type of use, including without limitation, certification and licensing laws.

(6)

Existing structures and/or uses which are in violation of this section shall be subject to the regulations set forth in this chapter, governing nonconforming structures and uses.

B.

Automobile Gasoline Stations.

1.

The planning commission shall establish the required setback for pump islands, tanks, display areas, overhead canopies and other structures based on site size, vehicular circulation needs and adjoining land uses.

2.

Only one (1) driveway shall be permitted from each street unless the planning commission determines additional driveways will be necessary to ensure safe and efficient access to the site.

3.

Any signs, logo or identifying paint scheme on a canopy shall be in accordance with Chapter 25, Signs, of the City of Farmington Code of Ordinances.

4.

Lighting on a canopy shall be recessed and shall comply with the requirements of section 35-48, exterior lighting.

5.

Outdoor storage or display of vehicle components and parts, supplies or equipment, beverages or other goods shall only be within an area defined on the site plan approved by the planning commission and which extends no more than five (5) feet beyond the building. Items displayed outdoors shall be customary and incidental to the automobile gasoline station's principal use of providing automobile service items used in operation of motor vehicles, such as windshield washer fluid. The outdoor display or storage of merchandise unrelated to automotive service, such as food, beverage, mulch or firewood, shall be prohibited. Outdoor display shall also comply with the accessory outdoor display, sales or storage regulations contained in the business district regulations.

6.

Any use involving maintenance, service or repair shall also meet the standards for automobile service/maintenance facilities.

C.

Automobile Service/Maintenance Facilities (Routine Maintenance and Minor Repair) and Automobile Repair Facilities.

1.

Overhead doors shall not face a public street or residential district. The planning commission can modify this requirement upon a determination that there is no reasonable alternative and the poor visual impact will be diminished through use of building materials, architectural features and landscaping beyond that required in Article 15, Landscape Standards.

2.

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

3.

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

4.

Storage of wrecked, partially dismantled or other derelict vehicles, or overnight parking of any vehicle except a tow truck shall be permitted up to four (4) weeks in a designated area. Such area shall be appropriately screened from public view as determined by the planning commission.

5.

Any use with gasoline sales shall also meet the standards for automobile gasoline stations.

D.

Automobile Wash Establishments.

1.

All washing facilities shall be within a completely enclosed building. Self-service facilities may be within a partially enclosed building.

2.

Vacuuming and drying may be located outside the building, but shall not be in the required front yard and shall be set back and screened as determined by the planning commission.

3.

Adequate stacking space shall be provided in accordance with the requirements of Article 14, Off-Street Parking and Loading Standards and Access Design. Such space shall not be permitted in the public right-of-way.

E.

Automobile and Vehicle Dealerships and Rental and Leasing Establishments.

1.

Automobiles, vehicles or other equipment on a site shall meet the building setback requirements of the zoning district.

2.

All parking and outdoor storage areas shall be paved with a permanent and durable surface and curbed in accordance with the requirements of the city.

[3.

Reserved.]

4.

Any use involving the maintenance, service or repair of vehicles shall also meet the standards for automobile service/maintenance facilities.

5.

An obscuring screen for any accessory storage areas consisting of a wall, fence or landscaping shall be required as determined by the planning commission.

6.

Fencing and lighting for security and aesthetic purposes may be required as determined by the planning commission. All lighting shall be shielded from adjacent residential areas in accordance with section 35-48, exterior lighting.

F.

Bed and Breakfasts.

1.

Not more than twenty-five (25) percent of the total floor area of the dwelling unit shall be used for bed and breakfast sleeping rooms.

2.

There shall be no separate cooking facilities used for the bed and breakfast stay.

3.

The establishment shall contain the principal residence of the operator and such operator shall live on the premises while the establishment is active.

4.

The use shall be conducted wholly within the principal building.

5.

The use shall not include the provision of room(s) for functions such as, but not limited to, weddings, seminars, parties and receptions and business meetings.

6.

The use shall be licensed pursuant to section 8-30 of Chapter 8, Registration and Licensing, of the Farmington City Code.

G.

Churches, Temples and Similar Places of Worship and Related Facilities.

1.

The board of zoning appeals may grant an exception to the height limitations for the zoning district for a building, architectural feature, spire, steeple or tower. The maximum height shall be established in consideration of the setback from lot lines, character of adjacent uses and design of the structure. The board may refer the plan to the planning commission to seek their recommendations on any conditions to such height modification to help ensure compatibility with the area.

2.

Adequate parking and circulation shall be provided for any accessory school, day care or other use.

H.

Commercial Buildings—Expansions into R1P District.

1.

An existing commercial building on an adjacent commercially zoned lot may be expanded into a lot that is zoned R1P single-family parking provided the expansion occupies no more than twenty-five (25) percent percent of total lot area zoned R1P single-family parking.

2.

The expansion must be compatible in design with the existing building.

3.

The design and construction of the expanded building, including the existing building, shall be reviewed by the planning commission for consistency with the area.

4.

Adequate buffering, as determined by planning commission, must be provided and may consist of walls, fencing, landscaping or a combination of these that will adequately protect adjacent residential districts and uses.

I.

Reserved for Future Use.

J.

Drive-Through Window Facilities for Banks, Restaurants, Pharmacies or Other Permitted Uses.

1.

Sufficient stacking capacity in accordance with Article 14, Parking and Loading Standards, for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way.

2.

A bypass lane shall be provided around the drive-through window.

3.

In addition to parking space requirements for restaurants and pharmacies, at least three (3) parking spaces shall be provided, in close proximity to the exit of the drive-through portion of the operation, to allow for customers waiting for delivery of orders.

4.

Direct vehicular access connections with adjacent commercial developments shall be provided where feasible as determined by the planning commission.

5.

The proposed clearance of any canopy shall be noted on the site plan. The canopy shall be no higher than the principal building.

6.

Outdoor speakers for the drive-through facility shall be located in a way that minimizes sound transmission toward neighboring properties and uses.

K.

Essential Public Service Buildings and Structures, Such as Electric Substations, Gas Regulators and Telephone Switching Stations.

1.

Such facilities shall not be located closer than one hundred fifty (150) feet from any residential lot or use.

2.

Electric or gas regulator equipment and apparatus shall be set back a minimum of fifty (50) feet from any public right-of-way and thirty (30) feet from all other lot lines.

3.

An obscuring screen consisting of a wall, fence, and/or landscaping around the entire perimeter of the facility shall be required as determined by the planning commission.

4.

An open-air fence six (6) feet in height shall be constructed for security purposes as determined by the planning commission.

L.

Funeral Homes and Mortuary Establishments.

1.

An off-street vehicle assembly area shall be provided to be used in support of funeral processions and activities. This area shall be in addition to the required off-street parking and its related maneuvering area.

M.

Garden Centers and Nurseries.

1.

The area where outdoor storage or materials display is permitted shall be determined by the planning commission, or city council in CBD and C-2 districts. Such areas shall meet all other yard setback requirements applicable to any building in the district.

2.

All loading activities and parking areas shall be provided on the same premises off-street.

3.

The storage of any soil, sand, mulch, rock or similar loosely packaged landscape materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties.

4.

Decorative fences, knee walls, and other architectural features may be required by the planning commission for outdoor sales, display and storage areas to assure compatibility with the existing or intended character of the general vicinity.

5.

All materials stored outdoors shall not be piled or stacked higher than the height of any garden center fencing or wall.

N.

Golf Courses, Par Three Golf Courses, Driving Ranges.

1.

The golf course or driving range shall be located and designed to reduce hazards for adjacent uses and vehicles.

2.

The golf course or driving range shall be designed to minimize the use of any netting.

3.

The principal and accessory buildings, including maintenance sheds, shall be set back at least seventy-five (75) feet from all property and street rights-of-way.

4.

Accessory buildings, structures and storage areas shall be screened on all sides from adjacent residential areas and street rights-of-way.

5.

Operational hours for maintenance vehicles, course maintenance and/or irrigation may be restricted by the planning commission to protect nearby residential districts.

O.

Storage Facilities, Including Mini-Storage or Self-Storage Warehouses.

1.

The front yard visible from a public right-of-way and any side or rear yards adjacent to residential districts shall include wrought iron or similar decorative fencing and landscaping as determined by the planning commission.

2.

Building design and materials shall be compatible with the existing and intended character of the area.

3.

No storage unit doors shall face a public right-of way.

4.

All storage shall be completely within enclosed buildings or structures, unless specific approval is granted for commercial outdoor storage on the premises and shown on the approved site plan. Outdoor storage areas may be allowed if the following are met:

a.

All stored materials or equipment, including loosely packaged materials, shall not be piled, stacked or stored higher than the height of the obscuring screen or the height of the building if stored along a building wall.

b.

The storage of pallets, soil, stone, sand, mulch, and similar loosely packaged materials shall be contained and covered to prevent blowing onto adjacent properties. The planning commission may require construction of a containment area for such uses, particularly when large quantities will be present.

c.

All outdoor storage areas shall be paved with a permanent, durable, and dustless surface and shall be graded and drained to dispose of all surface water.

d.

All loading and truck maneuvering shall be accommodated on site or on a dedicated easement.

e.

Fencing and lighting for security and aesthetic purposes may be required as determined by the planning commission. All lighting shall be shielded from adjacent residential areas in accordance with section 35-48, exterior lighting.

f.

Outdoor storage or display is allowed outside of the required yards where confined to areas shown on an approved site plan. The planning commission may require that areas where outdoor display, sales, or storage are permitted be clearly marked with pavement markings or other means for purposes of enforcement and ensure maintenance of fire lanes.

g.

Outdoor display, sales, or storage, including any structure or enclosure, shall be arranged and constructed to minimize risk of fire hazard and be structurally sound.

5.

A structure for a resident manager may be allowed on the site.

P.

Kennels.

1.

Such facilities shall be subject to other conditions and requirements necessary to ensure against the occurrence of any possible nuisance (i.e., fencing, soundproofing, sanitary requirements).

2.

All enclosures for breeding, rearing, shelter, or other uses in connection with harboring of animals, shall be hard surfaced and provided with proper drains for washing with water pressure.

3.

A kennel may be permitted as an accessory use to a veterinary office, clinic or hospital. Such accessory use shall be subject to the special land use standards of the veterinary use and not these specific requirements.

Q.

Off-Street Parking in R1P Districts.

1.

Off-street parking in the R1P single-family parking district may be permitted as an expansion of an existing parking lot or new construction in conjunction with an approved commercial use.

2.

A parking study must be provided demonstrating that parking on a nonresidentially zoned lot is not adequate.

3.

All access to the off-street parking area shall be provided from the commercial property and/or the street on which the commercial property fronts. Access from a residential or local street is prohibited.

4.

The parking area must be screened with walls, fencing, landscaping or a combination of these which will adequately screen vehicles and headlights from adjacent residential districts and uses, as determined by planning commission.

R.

Office Service District Uses. In recognition that the intent of the Office Service district is to serve as a transition between residential and nonresidential districts, the planning commission may approve limited retail or service establishments within the district when the following conditions are met:

1.

The design of any buildings or building expansions shall have a single-family residential appearance consistent with the character of the surrounding area including peaked rooflines, windows and similar features. The design and colors shall be approved by the planning commission.

2.

A traffic study shall be provided by the applicant to determine the potential traffic generated by the use and the impact of such use.

3.

All parking and loading shall be in the side or rear yard.

4.

A buffer area, a minimum twenty (20) feet in width, which includes walls, fencing, landscaping or a combination of these, must be provided adjacent to any residential district.

S.

Public or Private Primary and Secondary Schools.

1.

Bus and automobile drop-off and pickup drives must be provided and shall be separate from, and not conflict with, travel lanes of any public roadways.

2.

All play areas adjacent to a residential district must be fenced.

3.

Pedestrian connections to adjacent properties shall be provided as determined by the planning commission, with recommendations by the school district.

T.

Recreation Facilities and Indoor Entertainment and Amusement Establishments.

1.

Recreation uses, both indoor and outdoor shall include, but are not limited to: tennis courts, skating rinks, swimming pools, batting cages, driving ranges, and gymnasiums; community centers with recreation facilities; and similar uses, recreational fields; rinks or courts, including football, softball, soccer, tennis, basketball, ice skating, and similar activities; swimming pools; archery and shooting ranges; go-cart, automobile or motorcycle tracks; uses accessory to the above uses, such as refreshment stands, retail shops selling items related to the above uses, maintenance buildings, office for management functions, spectator seating and service areas, including locker rooms and rest rooms.

2.

Indoor entertainment facilities shall include, but are not limited to: bowling alleys; pool and billiard halls; video and coin-operated amusement arcades; laser and other tag games; and similar uses.

3.

The front, side and rear yard minimum setbacks shall be fifty (50) feet for all buildings and other outdoor components of the recreational facility; setbacks for any go-cart or vehicle track shall be a minimum of six hundred (600) feet from any residential district.

4.

The parking setback shall be twenty (20) feet in the front, side and rear yards in nonresidential zoning districts and fifty (50) feet in residential districts.

5.

Whenever any such use abuts a residential district, a transition buffer area of at least one hundred (100) feet in width, in addition to the setback requirement, shall be provided.

6.

The amount of on-site parking shall be that deemed sufficient by the planning commission.

7.

Building design and materials shall be compatible with the existing or intended character of the surrounding area.

8.

An operations plan describing the nature of the use, hours of operation, etc., shall be provided as determined by the planning commission.

9.

The planning commission may establish conditions to minimize negative impacts on nearby uses and traffic operations along public streets, such as, but not limited to, hours of operation, noise buffering and location of waste receptacles.

10.

The planning commission may require a performance bond or other form of financial guarantee to cover potential liability for death or injury to persons, or damage to property, which may result from the conduct of the activity. The bond shall be in an amount determined by the planning commission as necessary to cover any potential damage or clean up on the site or adjacent properties.

U.

Retail Businesses and Shopping Centers Exceeding 50,000 Square Feet.

1.

The design of buildings or shopping centers shall ensure that vehicular circulation patterns are appropriately designed and regulated to eliminate potential conflicts between traffic generated by the building or shopping center and traffic on adjacent streets and thoroughfares.

2.

The planning commission may require a traffic analysis that rates the projected trip-generating capacity of the proposed development to existing and projected traffic volumes and the carrying capacity of adjacent streets. The traffic analysis shall be prepared by a licensed traffic engineer or transportation planner.

3.

Outdoor storage of trucks shall be prohibited except at approved locations and in accordance with section 35-36, commercial vehicle parking and storage. All trucks parked on a site shall be in the process of delivery or receiving goods or shall be associated with a building occupant. Storage of trailers or delivery items shall be prohibited. The outdoor display, sale or storage or merchandise shall require a separate special land use approval.

4.

Any outlots shall have circulation and parking designed to complement the remainder of the site.

5.

An operations plan including uses, hours of operation, delivery times, truck routes, security provisions, maintenance procedures and other operations as determined by the planning commission may be required as part of special land use review to assure compatibility with the surrounding neighborhoods.

V.

Salvage Yards.

1.

The property shall include at least six (6) acres.

2.

The salvage yard shall be enclosed on all sides by a solid wall or fence at least six (6) feet in height. The wall or fence shall be maintained in good repair and shall be free of handbills or other advertising except for approved signs. Nontransparent gates not exceeding forty-eight (48) feet in width shall be permitted in the enclosure.

3.

A front obscuring fence shall be required, set back the same distance as a building in the Industrial zoning district, and all such fences shall be set back a minimum five hundred (500) feet from any residential use or district.

4.

Vehicles or vehicle bodies shall be stored in rows with a minimum of twenty (20) feet wide continuous loop drives separating each row of vehicles.

5.

Vehicle parts shall not be stored, loaded, unloaded, or dismantled outside the fence enclosing the salvage yard.

6.

No vehicle, vehicle bodies, or other materials shall be stored in a manner as to be visible from any residence, business, or street from a height at or below the top of the fence enclosing the yard.

7.

All batteries shall be removed from any vehicle, and all radiators and fuel tanks shall be drained prior to the vehicle being placed in the storage yard. Salvaged batteries, oil and other such substances shall removed by a licensed disposal company or be stored in a manner that prevent or contains leakage of fluids.

8.

The crushing of vehicles or any part thereof shall be limited to daylight hours, provided that such activities shall not be conducted on Sundays or federally recognized holidays.

9.

The applicant must demonstrate that the activities of the salvage yard will comply with all state and federal regulations.

10.

The planning commission may impose other conditions that have a reasonable relationship to the health, safety and general welfare of the city. These conditions can include a provision for periodic inspections by the building official to ensure continuing compliance with the above standards.

W.

Senior Housing.

1.

All dwelling units shall have a minimum of four hundred fifty (450) square feet per unit.

2.

Open space areas shall be provided at the rate of twenty-five (25) square feet per one hundred (100) square feet of living area.

3.

Retail and service uses may be permitted on the site if such uses are accessory to the senior housing use. All such uses shall be within the principal residential building. No exterior signs of any type are permitted for these accessory uses.

4.

Walkways shall be provided from the main building entrance(s) to any sidewalks along the adjacent public street.

[X.

Reserved.]

Y.

Theaters, Cinemas and Auditoriums.

1.

The principal and accessory buildings and structures shall not be located within two hundred (200) feet of any single-family residential district or use.

2.

Parking and other impervious surfaces shall be set back a minimum of one hundred (100) feet from any single-family residential district or use.

3.

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

4.

The design of building shall ensure that vehicular circulation patterns are appropriately designed and regulated to eliminate potential conflicts between traffic generated by the use, and traffic on adjacent streets and thoroughfares.

5.

The planning commission may require a traffic analysis that rates the projected trip-generating capacity of the proposed development to existing and projected traffic volumes and the carrying capacity of adjacent streets. The traffic analysis shall be prepared by a licensed traffic engineer or transportation planner.

Z.

Towers, Antenna and Other Communication Facilities.

1.

Towers and antennae for cellular telephone transmission and similar communication technology shall be permitted in the IND Industrial district only. Roof-mounted antenna are subject to the standards of section 35-47, roof-mounted cellular towers and antenna, of this chapter.

2.

Towers and antennae shall not exceed one hundred twenty (120) feet in height, measured from the grade at the base of the tower.

3.

The base of the tower any other structures connected therewith shall be separated from any other tower and structures by a minimum of one thousand (1,000) feet.

4.

The base of the tower and any other structures connected therewith shall provide the minimum setback required by the district, provided, however, the minimum front yard setback shall be not less than twenty-five (25) feet.

5.

If located on the same zoning lot with another permitted use, such tower and any other structure connected therewith shall not be located in a front yard or side yard abutting a street.

6.

If located adjacent to a single-family zoning district, the setback from the district boundary line shall be not less than twenty-five (25) feet. The base of the tower and equipment buildings used in connection therewith shall be screened from view by evergreen trees which shall be planted in such a manner as to become a solid screen within a four-year period. If located on the same site as other buildings or structures or vegetation which will screen the view effectively, the planning commission may alter or waive this requirement.

AA.

Veterinary Offices, Clinics, and Hospitals; Animal Grooming and Training Establishments.

1.

Such facilities shall be used only for domesticated animals. Nondomesticated, wild, exotic or vicious animals shall not be permitted.

2.

Veterinary and animal grooming uses may be permitted as accessory uses to retail pet supply establishments if approved by the planning commission.

3.

All principal use activities shall be conducted within a totally enclosed principal building; no outdoor animal enclosures or runs are permitted unless a separate special land use has been approved for a kennel.

4.

Any indoor boarding shall be limited to that incidental to treatment or surgery unless the use has also been approved as a kennel.

5.

Such facilities shall be subject to other conditions and requirements necessary to ensure against the occurrence of any possible nuisance (i.e., fencing, soundproofing, sanitary requirements).

BB.

Online Retail Delivery Storage and Pick-Up Facilities.

1.

Outdoor storage is prohibited.

2.

Hours of operation shall be no earlier than 7:00 am and no later than 11:00 pm.

3.

Shall have dedicated parking for pickup drivers.

4.

Shall submit a traffic and parking study.

5.

Loading shall be accommodated to the rear of the building.

6.

An operations plan including uses, hours of operation, delivery times, truck routes, security provisions, maintenance procedures and other operations as determined by the planning commission may be required as part of special land use review to assure compatibility with the surrounding neighborhoods.

7.

No greater than thirty (30) percent of the square footage within a shopping center may be used for online retail delivery storage and pick-up facilities.

(Ord. No. C-746-2010, § 1, 4-19-10; Ord. No. C-804-2022 , § 2, 7-18-22)