The intent is to establish planned unit development provisions which permit flexibility in the regulation of land development to allow planned unit developments (PUDs) in all zoning districts which may be affected, subject to the requirements and standards for special land use now existing in each affected district, as well as the uses not otherwise included within a particular zoning district, provided the proposed PUD meets the requirements of this chapter.

It is also deemed necessary to the preservation of health, safety and welfare that the certain uses hereinafter set forth be specially controlled because they serve an area, market and/or purpose considerably beyond the borders of the city and/or create particular problems of control in relation to adjoining uses, districts, public health, safety and welfare. These uses, because of their unique characteristics and/or effects upon public health, safety and welfare, are deemed to be impractical to be permitted without planned unit development (PUD) or special land use approval, and then only as specifically allowed.

(Ord. No. 279, § 12.00, 12-12-96)

The following planned unit development requirements are designed to accomplish the objectives of the zoning chapter through a land development project review process based on the application of site planning criteria to achieve integration of the proposed land development project with the characteristics of a project area.

(1)

Purpose.

a.

To encourage innovation in land use and variety in design, layout and type of structure constructed.

b.

To achieve economic and efficient use of land, natural resources, energy and the provision of public services and utilities.

c.

To encourage the provision of useful open space, where appropriate.

d.

To provide better housing, employment and commercial opportunities particularly suited to the needs of the city.

(2)

Planned unit developments (PUDs) shall be submitted in a two-step process. The initial step shall include a preliminary application and plan in accordance with the following outline. The plan for final approval shall include a public hearing and follow the standards and requirements listed in subsequent subsections. The filing of a preliminary plan will provide an opportunity for the applicant and the planning commission to become generally acquainted with the proposed project and conduct discussions about the features of the proposed PUD. An application for preliminary plan consideration shall comply with and include the following requirements and standards:

a.

The applicant shall submit an understandable plan showing the entire PUD area in a preliminary form and at a clearly understandable scale, indicating proposed land use area(s), their relationship to each other, circulation patterns, and existing site characteristics.

b.

The existing topography shall be depicted at two (2) foot contour intervals for the PUD area and all nearby areas; if the land is generally flat, grade shots shall be provided at intervals necessary to any grade differential.

c.

A map of the city indicating the PUD area and its relationship to existing roads, streets and use districts within, and immediately adjacent to, the city.

d.

Existing utilities, including storm drain facilities, shall be located and noted.

e.

Preliminary architectural plans for all buildings, including basic building planning and number of units per building, shall be clearly set forth.

f.

Intensity of office, commercial or industrial uses and number of units by type shall be clearly set forth.

g.

Adequacy of public and private services/infrastructure shall be described.

h.

Existing and proposed land use and development features as they impact neighboring properties.

If the planning commission agrees that the proposal has merit and has potential to meet the requirements of this chapter and the applicable PUD requirements (see subsection (3) below), an application may be filed for final PUD review in conformance with the requirements of the following subsections. If the planning commission does not agree with the proposed plan or approach, it shall deny the request at this point and provide the reasons for denial in the commission minutes.

(3)

An Application for final PUD review may be made after the planning commission has agreed by motion that the preliminary plan has potential to meet the requirements of this chapter. Upon receipt of an application for final approval, the planning commission shall hold a public hearing. The applicant's presentation at said hearing shall include drawings, exhibits, narratives and draft covenants and agreements identified for reference by letter or number. If the application for final approval application complies with the applicable special land use section(s) as set forward in the zoning district(s) being affected, as well as the special land use approval requirements and uses not otherwise included within a particular zoning district are found acceptable, and the planning commission further finds the following standards to have been met, the application shall be approved.

a.

All applicable provisions of this section shall have been met. If any provision of this section is in direct conflict with the provisions or authority of any other section of this chapter, the provisions included within this section shall apply to land included within the PUD area.

b.

All minimum requirements pertaining to residential, commercial, institutional, industrial or other uses shall be subject to the requirements of each individual classification hereinafter referenced, except as may be specifically varied by the planning commission and city council, where applicable, in granting and establishing a PUD.

c.

Adequate, well-designed and properly planned areas shall be provided for all walkways, recreation, parking, access, screening and isolation, and other open areas to be used by the public and/or residents of the city.

d.

Adequate sanitary sewer disposal, water supply, and road and other stormwater drain systems. Water, sewer and storm drains shall be subject to applicable city standards and ordinances.

e.

Efficient and desirable use of open areas in keeping with the physical character of the city and surrounding areas.

f.

Assurances that areas shown on the plan for use by the public and occupants shall be, or have been, irrevocably committed for that purpose. The city reserves the right to require conveyances or other documents to be placed in escrow.

g.

Assurance of financial support for and maintenance of all improvements indicated on the plan for open space areas and common use areas. Assurances may require posting of bonds as determined by the city planning commission and approved by the city council.

h.

The planning commission, upon recommendation of the city engineer, may waive or modify requirements for underground installation of all utilities with respect to all or part of a particular PUD plan when strict application would result in practical difficulties.

(4)

Final review application shall include, in addition to compliance with the applicable requirements for site plan review contained in Article VII, the following:

a.

A boundary survey of exact acreage requested and performed by a registered land surveyor or civil engineer (Scale: 1" equals 100').

b.

A physical features map of the area and its vicinity, including topography drawn as contours with an interval of at least two (2) feet (or grade shots, where applicable). Map shall indicate all trees, bodies of water and unbuildable areas due to soil conditions, wetlands, topography or similar conditions (Scale: 1" equals 200').

c.

A legal description of the property.

d.

An aerial photograph of the area not more than five (5) years old (Minimum scale: 1" equals 100').

e.

Existing and proposed streets and other developments within and surrounding the proposed PUD area shall be shown.

f.

A plan for the entire PUD area indicating the functional use areas and dwelling unit types being requested; densities proposed; thoroughfare, road, traffic and pedestrian circulation plan; public utilities plan; building locations, driveways, walkways, parking areas, natural areas (streams, drains, woodlands); sites reserved for public facilities and service activities; playgrounds, recreation areas and other open spaces; areas used for public and/or residents of the PUD. Such plan shall designate each land use category in contrasting colors or other means.

g.

A preliminary estimate of contemplated total stormwater flow and sanitary sewage volume. Each utility shall be shown as a one-line diagram with flow direction indicated on the proposed street layout and shown on the topographic map as indicated in subsection (4)b. above.

h.

A schedule indicating the proposed timing of the development, including phasing and parcelization, if appropriate.

i.

A written impact statement, detailing the intent of the developer and types of dwelling units contemplated, resultant population, and expected number of elementary school children. The impact statement shall also include support documentation, such as soil surveys; supporting land use requests; changes in traffic volume on adjacent streets; impact of proposed development on wetlands, soil erosion, shoreline protection, wildlife habitat, air and water quality (ground and surface); noise; and scale of development and surrounding environment.

j.

Statement of covenants, grants of easements and other restrictions to be imposed upon the uses of land and structures.

k.

Any other data, plans or drawings considered by the planning commission to be necessary for the consideration of the proposal.

All materials required to be submitted as part of the application shall be submitted in required number of copies for distribution to the planning commission and appropriate reviewing agencies.

(5)

The planning commission shall review the application materials and reviewing agencies' comments. In the process of review, the planning commission shall consider:

a.

Specific development requirements set forth in this chapter.

b.

The location and design of service roads or drives and driveways providing vehicular ingress to and egress from each building site, in relation to streets giving access to the site and in relation to pedestrian traffic.

c.

The traffic circulation features within the site and location of automobile parking areas; and may make such requirements with respect to any matters as will assure:

1.

Safety and convenience of both vehicular and pedestrian traffic, both within the site and in relation to access streets.

2.

Satisfactory and harmonious relationships between the development on the site and the existing and prospective development of contiguous land and adjacent parcels and districts.

3.

Accessibility afforded to emergency vehicles.

d.

The arrangement of use areas on the site in relation to functional, efficient and compatible arrangements within the site and also to adjacent uses.

1.

The treatment of public space.

2.

The availability of sewer and water capacity and the capacity of other utilities.

3.

The impact on air quality.

4.

The potential noise from development and traffic sources.

e.

The proposal's conformity with, and compatibility to, the character of the surrounding property and that it will not substantially interfere with the safety, light, air and convenience of the surrounding private and public property.

f.

Any other matters that are within the city departments' or the commission's jurisdiction.

Only applications properly prepared and submitted with all required fees, deposits and/or bonds paid in full will be processed. Review and processing of the application shall be subject to the requirements and procedures contained within this chapter and as administered and finally approved by the planning commission. Initial approval shall be valid for a period of two (2) years, with one (1) year extensions possible with the approval of the planning commission upon proper application. If development of the site has lapsed for a period exceeding one (1) year, the owner/applicant or his successors, shall be required to return to the city for reconsideration of the plan, following the procedure outlined for original approval in this section.

(6)

Wherever the applicant proposes to provide and set out by plat, deed, dedication, restriction or covenant, land or space to be used as commons, greenways, or open areas, the planning commission may consider and vary the applicable minimum requirements of these as well as the zoning district regulations. Such exceptions may include, but not necessarily be limited to, use, arrangement, height, setback, lot and building area.

(7)

In the course of instituting the plan, minor plan adjustments, including the minor shifting of buildings, service areas and other features requested by the developers may be authorized by the planning commission and processed as site plan applications. The city planner shall make the determination as to whether a change is minor or if an amendment is required. Amendments that significantly impact factors considered by the planning commission in approving the PUD plan, such as changes to circulation systems, densities and major building rearrangements, shall require the applicant, or the applicants' successors, to return to the planning commission for approval of an amended plan. The procedure outlined for original approval shall be followed when submitting an amended plan.

(8)

Rezoning and plan amendments may be further processed by the planning commission. All PUDs shall then be properly zoned to the applicable basic zoning district with a "P" planned designation before final PUD approval. The "P" planned overlay district shall, in each instance, be limited to uses, arrangements and improvements contained in the companion PUD plan. The planning commission shall hold required hearing for such rezoning upon proper filing by the owner/applicant. After approval of the rezoning and PUD, the zoning shall limit development use of the "P" planned district. In the course of instituting the plan, minor plan adjustments and/or amendments may be authorized by the planning commission as outlined in subsection (6) above.

(9)

Once a PUD is approved by the planning commission, no zoning board of appeals requests shall be permitted. Any requested changes in the development plans shall conform to the revision procedures contained within this section.

(9)

It is expressly understood that a PUD project will not be allowed to proceed until approval of the final PUD plan or subsequent amended plan shall have received official approval of the planning commission and city council, where applicable, at one of its regular meetings.

(Ord. No. 279, § 12.01, 12-12-96)

In all cases, the power to grant special land use approval is vested in the planning commission. All applications for special land use approval shall first be forwarded by the building department to the planning commission for review and processing. The application shall be submitted in the number of copies required and accompanied by the same number of site plans, all prepared and filed to meet the requirements of Article VII.

The planning commission shall review the application after proper notice has been given as required by state law and approve or deny the application. Approval may require conditions the Commission may find necessary; disapproval of the application will be accompanied by reasons in writing. If a public hearing is to be held as provided by state law, then the planning commission, after proper notice, shall hear any person wishing to express an opinion on the application.

At its next regular meeting after the public hearing, the planning commission shall consider the application for special land use approval or disapproval in accordance with the provisions of this section.

The planning commission shall review each case individually as to its applicability and must find affirmatively to each of the following standards of the proposed land use if it is to be approved.

(1)

Standards.

a.

The proposed use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood and applicable regulations of the zoning district in which it is to be located.

b.

The proposed use shall be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing pedestrian-vehicle interfaces in residential districts.

c.

The proposed use shall be designed as to the location, size, intensity, site layout and periods of operation of any such proposed use to eliminate any possible nuisance emanating therefrom which might be offensive to the occupants of any other nearby uses permitted, whether by reason of dust, noise, fumes, vibration, smoke or lights.

d.

The proposed use shall be such that the proposed location and height of buildings or structures and location, nature and height of walls, fences and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.

e.

The proposed use shall relate harmoniously with the physical and economic aspects of adjacent land uses as regards prevailing shopping habits, convenience of access by prospective patrons, continuity of development, and need for particular services and facilities in specific areas of the city.

f.

The proposed use is necessary for the public convenience at the proposed location.

g.

The proposed use is so designated, located, planned and to be operated that the public health, safety and welfare will be protected.

h.

The proposed use shall not cause substantial injury to the value of other property in the neighborhood in which it is to be located and will not be detrimental to existing and/or other permitted land uses in the zoning district.

(2)

Approval. If the planning commission determines that the particular special land use(s) should be allowed, it shall endorse its approval thereof on the written application and clearly set forth in writing thereon the particular use(s) which shall be allowed. Thereafter, the building department may issue a building permit in conformity with the particular special land use so approved. In all cases where a particular special land use has been granted as provided herein, application for a building permit in pursuance thereof must be made and received by the city not later than two hundred seventy (270) days thereafter, or such approval shall automatically be revoked, provided, however, the planning commission may grant an extension thereof for good cause shown under such terms and conditions and for such period of time not exceeding another two hundred seventy (270) days as it shall determine to be necessary and appropriate.

(3)

Denial. If the planning commission shall determine that the particular special land use(s) requested does not meet the standards of this chapter or otherwise will tend to be injurious to the public health, safety, welfare or orderly development of the city, it shall deny the application by a written endorsement thereon which clearly sets forth the reason for such denial.

(4)

Record. The decision on a special land use shall be incorporated in a statement of conclusions relative to the special land use under consideration. The decision shall specify the basis for the decision and any conditions imposed.

(5)

Hearings. The planning commission shall investigate the circumstances of each such case and give notice of the time and place of any hearing, meeting or review which may be held relative thereto as required by state law and/or its rules or procedure.

(6)

Conditions. The planning commission may impose such conditions or limitations in granting approval as may be permitted by state law and this chapter which it deems necessary to fulfill the spirit and purpose of this chapter. The conditions may include conditions necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall do all of the following:

a.

Be designed to protect natural resources, the health, safety and welfare, as well as the social and economic well being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

b.

Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.

c.

Be necessary to meet the intent and purpose of the zoning regulations; be related to the standards established in this chapter for the land use or activity under consideration; and be necessary to insure compliance with those standards.

The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the approving authority and the landowner. The planning commission shall maintain a record of changes granted in conditions.

Once a special land use has been approved, no zoning board of appeals requests shall be permitted. Any changes in the development plans must be made in accordance with revision procedures contained herein.

Notwithstanding the other provisions of this section, the city council (and not the planning commission) shall have the authority to consider, approve, or deny special land uses which are proposed to be developed under a conditional rezoning as part of city council's review and approval of a conditional rezoning agreement under section 32-261.

(Ord. No. 279, § 12.02, 12-12-96; Ord. No. 391, § 2, 10-11-18)

(a)

May be allowed in the CG commercial general district.

(b)

Specific requirements and conditions.

(1)

Bowling alleys, hockey arenas, tennis houses, racquetball and soccer facilities, and similar forms of indoor commercial recreation, provided that no such use within the building or on the site shall be located within one hundred (100) feet of any residential district.

(2)

The site shall be so located as to abut a major thoroughfare right-of-way and all ingress and egress to the site shall be directly from said major thoroughfare.

(3)

The building, or part thereof, devoted to such use shall be designed and constructed in such a manner that no audible sound may be heard by adjoining uses or at the lot line.

(4)

The area devoted to food service shall not exceed the area devoted to amusement or recreation uses.

(5)

The use shall be located at least five hundred (500) feet from any school, playground or public park.

(6)

All patron entrances shall be at least two hundred (200) feet from any residential district, measured by the shortest walking distance between the patron door and the property line.

(7)

Such uses shall be conducted in accordance with all applicable regulatory ordinances of the city.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(Ord. No. 279, § 12.03, 12-12-96)

(a)

May be allowed in the CBD community business and CG commercial general districts.

(b)

Specific requirements and conditions.

(1)

The site shall not be contiguous to a one-family residential district and shall not be located within five hundred (500) feet of the property line of any church, public or parochial school, or playground.

(2)

The site shall be so located as to abut a major thoroughfare right-of-way and all ingress and egress to the site shall be directly from said major thoroughfare.

(3)

The building, or part thereof, devoted to such use shall be designed and constructed in such a manner that no audible sound may be heard by adjoining tenants or at the lot line.

(4)

Such uses shall be conducted in accordance with all applicable regulatory ordinances of the city.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(Ord. No. 279, § 12.04, 12-12-96)

(a)

Auto wash or motor vehicle laundry may be allowed in the CN commercial neighborhood district.

(b)

Specific requirements and conditions.

(1)

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

(2)

All vehicles waiting or standing to enter the facility shall be provided off-street waiting space, and no vehicle shall be permitted to wait on the public right-of-way as part of the traffic approach.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(Ord. No. 279, § 12.05, 12-12-96)

(a)

May be allowed in the CG commercial general district.

(b)

Specific requirements and conditions.

(1)

All repair activities shall be confined to the interior of the building.

(2)

No outdoor storage is permitted.

(3)

An adequate means of waste disposal shall be provided.

(4)

Adequate measures shall be taken to ensure that any noise, dust, smoke, odor, fumes or other negative environmental impacts are confined to the site.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(Ord. No. 279, § 12.07, 12-12-96)

(a)

May be allowed in the CG commercial general district.

(b)

Specific requirements and conditions.

(1)

All buildings shall observe the front or street-side setbacks, as specified in section 32-135(3)b., area, height and placement requirements, plus twenty-five (25) feet.

(2)

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

(3)

Devices for the transmission or broadcasting of voices shall be so directed or muffled as to prevent said sounds or music from being audible beyond the boundaries of the site.

(4)

All driveway approaches, road drainage, curbs and curb-cuts shall meet the requirements of the city and of other agencies having jurisdiction thereof.

(5)

All adjacent properties shall be zoned for non-residential use.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(Ord. No. 279, § 12.09, 12-12-96)

(a)

May be allowed in the CN commercial neighborhood and in the CBD community business districts when part of a sit-down restaurant business.

(b)

Specific requirements and conditions.

(1)

Adequate ventilation shall be provided to ensure that any odors associated with any food preparation will be confined to the site so as not to create a nuisance for any residential parcels.

(2)

All ventilation systems shall be maintained in good working order at all times. Evidence of the type and adequacy of any such system shall be provided and approved by the city building department and the Macomb County Health Department.

(3)

Side and rear yard setbacks for restaurants may be increased by the planning commission when adjacent to residential zoning districts on a finding that the use may tend to produce effects uncharacteristic impacts for this type of use.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(Ord. No. 279, § 12.10, 12-12-96)

(a)

May be allowed in both one-family residential zoning districts.

(b)

Specific requirements and conditions.

(1)

A greenbelt and a masonry wall (as both of these are described under section 32-82 of this zoning chapter) shall be installed along the perimeter of the site, but not closer to the front site line than established as the front setback line for buildings in the zoning district in which the use is proposed.

(2)

Suitable gates for ingress and egress shall be provided, and the principal entrance shall not be closer than two hundred (200) feet to an adjoining residential site.

(3)

If the applicant desires to install a cyclone wire fence (or other type of fencing) instead of a masonry wall, this shall be described on the application, and it may be approved in the discretion of the planning commission if the fence will be substantially compatible and harmonious with existing, adjacent types of installations.

(4)

No building shall be erected closer than one hundred (100) feet to an adjacent site line, nor such building cover more than ten (10) percent of the site on which it is to be constructed.

(5)

Any such use shall not be permitted in a floodplain.

(6)

The applicant shall show with reasonable certainty that the elevations of the site when finished will provide adequate drainage.

(7)

The proposed roads and parking areas shall be adequate for the use, and shall be paved.

(8)

The greenbelt and wall (fence included) shall be maintained as required under section 32-82 of this chapter, and the city may require a bond for the installation as set forth under section 32-104(d).

(9)

Minimum cemetery site shall be ten (10) acres. Where a state law specifically permits a smaller size, or sets a maximum size less than ten (10) acres, this regulation shall not apply to an addition to the site of a use existing at the time of adoption of this chapter.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(Ord. No. 279, § 12.11, 12-12-96)

(a)

May be allowed in all residential districts.

(b)

Site requirements.

(1)

Minimum site shall be two (2) acres on a continuous parcel.

(2)

The site shall abut a public road having a right-of-way of not less than that of a collector thoroughfare (86 feet) or the proposed right-of-way of a secondary or major thoroughfare on the city's master plan.

(c)

Yard and placement requirements.

(1)

Minimum yard setback per lot: Front and street-side setbacks shall be measured from the centerline of each road right-of-way (R.O.W.) in accordance with the city's master plan, as follows:

Distance from centerline (in feet):

** In the case of private roads, the front yard setback shall be measured from the road easement or common usage line abutting the subject lot.

Parking shall not be permitted in the required front or street side setback.

(2)

Side yard: Equal to the building height, not less than twenty (20) feet.

(3)

Rear yard: Fifty (50) feet minimum.

(4)

Maximum lot coverage: Same as for the district in which the use is requested.

(d)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Article V and VI, respectively.

(Ord. No. 279, § 12.12, 12-12-96)

Editor's note— Ord. No. 319, § 3, adopted Jan. 9, 2003, deleted § 32-164 which pertained to cluster housing and derived from Ord. No. 279, § 12.13, adopted Dec. 12, 1996.

Cross reference— Provisions applicable to residential districts., § 32-121(l).

(a)

May be allowed in the RH residential high density district.

(b)

Specific requirements and conditions.

(1)

Any use permitted herein shall be developed on sites of at least fifteen (15) acres in area.

(2)

All ingress to and egress from the site shall be directly or by means of a boulevard onto a major or secondary thoroughfare having an existing or planned right-of-way width of at least one hundred twenty (120) feet, as indicated on the master plan.

(3)

No building shall be closer than fifty (50) feet to any property line when said property line abuts or is adjacent to land zoned for residential purposes.

(4)

The site shall consist of a minimum area of two hundred (200) square feet per pupil.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(Ord. No. 279, § 12.14, 12-12-96)

(a)

May be allowed in the RH residential high density district.

(b)

Specific requirements and conditions.

(1)

All such facilities shall have ingress and egress from a site directly onto a major, secondary or collector thoroughfare having an existing or planned right-of-way of at least eighty-six (86) feet, as indicated in the master plan.

(2)

All such facilities shall be developed only on-sites consisting of at least five (5) acres in area.

(3)

There shall be provided at least one thousand (1,000) square feet of lot area per bed.

(4)

No building on the site shall exceed thirty (30) feet in height, or two (2) stories.

(5)

Licensing shall be in accordance with the State of Michigan and/or appropriate authority or jurisdiction.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(Ord. No. 279, § 12.15, 12-12-96)

(a)

May be allowed in both one-family residential and the OS office service districts.

(b)

Site requirements.

(1)

The site shall contain a minimum of one hundred fifty (150) square feet of outdoor play area for each child and shall not be less than five thousand (5,000) square feet in total.

(2)

Any such use shall not be permitted in the interior of any residential block and shall be located adjacent to a multiple or non-residential district.

(3)

Licensing shall be in accordance with the State of Michigan and/or appropriate authority or jurisdiction.

(c)

Yard and placement requirements. Front, side and rear yards shall comply with yard restrictions of the residential or OS district on which they are located.

(d)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(1)

The use shall be screened from existing or zoned adjacent residential properties by five (5) foot poured concrete decorative wall.

(Ord. No. 279, § 12.16, 12-12-96)

(a)

May be allowed in the OS office service district.

(b)

Specific requirements and conditions.

(1)

The site shall not be contiguous to a one-family residential district and shall not be located within two hundred (200) feet of the property line.

(2)

The site and use shall be located on a major or secondary thoroughfare having a right-of-way equal to, or greater than, one hundred twenty (120) feet, as specified by the master plan.

(3)

All vehicles waiting or standing to enter the facility shall be provided off-street waiting space, and no vehicle shall be permitted to wait on the public right-of-way as part of the traffic approach.

(4)

Drive-thru services shall be located in a manner that a satisfactory traffic pattern for the drive-thru lane can be established to prevent traffic congestion and the impairment of vehicular circulation for the remainder of the development. Vehicle stacking lanes shall not cross any maneuvering lanes, drives or sidewalks.

(5)

The building, or part thereof, devoted to such use shall be designed and constructed in such a manner that no audible sound may be heard by adjoining tenants or at the lot line.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(Ord. No. 279, § 12.17, 12-12-96)

(a)

May be allowed in the CN commercial neighborhood district.

(b)

Specific requirements and conditions.

(1)

Such use shall be limited to serving customers of the specific establishment only, and shall not be used to service other pick-up stations.

(2)

The total useable floor area of the use shall not exceed one thousand eight hundred (1,800) square feet.

(3)

The operation and all materials and processes used in the dry cleaning business shall be conducted in accordance with all applicable statutes, rules, regulations and standards established by any federal, state or local government or authority.

(4)

Adequate ingress and egress shall be provided from a major or secondary thoroughfare of at least one hundred twenty (120) feet of right-of-way, as indicated in the master plan.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(Ord. No. 279, § 12.18, 12-12-96)

(a)

May be allowed in the CG commercial general district.

(b)

Specific requirements and conditions.

(1)

The site and use shall be located on a major or secondary thoroughfare having a right-of-way equal to, or greater than, one hundred twenty (120) feet, as specified by the master plan.

(2)

Adequate ingress and egress to handle the traffic anticipated to be generated by the use shall be provided.

(3)

Any fast-food restaurant located in a shopping center shall be aesthetically compatible in design and appearance with the other buildings, tenant spaces, and uses located in the shopping center. In making this determination, the planning commission shall consider the architectural design of the building, the signage and the landscaping to ensure that the design and appearance of the developed fast-food restaurant use is compatible with the design and appearance of the remainder of the shopping center.

(4)

Drive-thru service shall be permitted only if a satisfactory traffic pattern for the drive-thru lane can be established to prevent traffic congestion and the impairment of vehicular circulation for the remainder of the development. Vehicle stacking lanes shall not cross any maneuvering lanes, drives or sidewalks.

(5)

Devices and controls adequate to ensure that no smoke, odor or gases are emitted so as to constitute a nuisance to adjoining tenants or to the public shall be provided.

(6)

Devices for electronically amplified voices or music shall be directed or muffled to prevent any such noises from being audible at any lot line.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(Ord. No. 279, § 12.19, 12-12-96; Ord. No. 387, § 1, 1-14-21)

(a)

May be allowed in the one-family residential, the OS office service, and the CN commercial neighborhood districts.

(b)

Specific requirements and conditions.

(1)

Sufficient off-street automobile parking and assembly area is provided for vehicles to be used in a funeral procession. The assembly area shall be provided in addition to any required off-street parking area.

(2)

The site shall be located so as to have one property line abutting a major or secondary or collector thoroughfare of at least eighty-six (86) feet of right-of-way, existing or proposed.

(3)

Adequate ingress and egress shall be provided to said major, secondary or collector thoroughfare.

(4)

No building shall be located closer than fifty (50) feet to the outer perimeter (property line) of the district when said property line abuts any single-family residential district.

(5)

Loading and unloading area used by ambulances, hearses or other such service vehicles shall be obscured from all residential view by a wall six (6) feet in height.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(Ord. No. 279, § 12.20, 12-12-96)

(a)

May be allowed in the CG commercial general district.

(b)

Specific requirements and conditions.

(1)

The site for the gasoline self-service station shall have one hundred fifty (150) feet of frontage on the principal street serving the station.

(2)

The site shall contain an area of not less than twenty-one thousand (21,000) square feet.

(3)

All buildings shall observe front or street-side setbacks, as specified in section 14.40.C. [32-133(3)], area and placement requirements, plus fifteen (15) feet. For purposes of this section, canopies, gasoline pumps and pump islands shall not be considered buildings, but shall observe the setbacks of the CG district.

(4)

Curbs, curb-cuts, driveway widths (and) acceleration or deceleration lanes shall meet the requirements of the city or other agencies having jurisdiction thereof.

(5)

In order to facilitate safe pedestrian circulation and safety, no parking or standing of customer vehicles shall be permitted in the area immediately adjacent to any customer entrance or payment window.

(6)

Canopies used to shelter pump islands and adjacent service lanes shall be required, provided such canopies do not encroach into the required front yard, and provided, further, that such canopies shall have a minimum height of fourteen (14) feet and be located to ensure clearance for and access to the site by fire-fighting equipment.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(Ord. No. 279, § 12.21, 12-12-96)

(a)

May be allowed in the CN commercial neighborhood and CBD community business districts.

(b)

Specific requirements and conditions:

(1)

The site for the gasoline self-service station shall have one hundred fifty (150) feet of frontage on the principal street serving the station.

(2)

The site shall contain an area of not less than twenty-one thousand (21,000) square feet.

(3)

All buildings shall observe front or street-side setbacks, as specified in section 32-133(3), site area and placement requirements, plus fifteen (15) feet.

(4)

In order to facilitate safe pedestrian circulation and safety, no parking or standing of customer vehicles shall be permitted in the area immediately adjacent to any customer entrance or payment window.

(5)

Curbs, curb-cuts, driveway widths and acceleration or deceleration lanes shall meet the requirements of the city or other agencies having jurisdiction thereof.

(6)

Pump islands used for the sale or distribution of petroleum products and service lanes shall observe the front or street-side setback requirements, as specified in section 32-133(3), site area and placement requirements. Service lanes in which automobiles are temporarily parked shall be no less than twelve (12) feet in width.

(7)

Canopies used to shelter pump islands and adjacent service lanes shall be required, provided such canopies do not encroach into the required front yard, and provided further that such canopies shall have a minimum height of fourteen (14) feet and be located to ensure clearance for and access to the site by fire-fighting equipment.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(Ord. No. 279, § 12.22, 12-12-96)

(a)

May be allowed in both one-family districts.

(b)

Specific requirements and conditions.

(1)

Any use permitted herein shall be developed on-sites of at least one (1) acre in area and contain a minimum of five hundred (500) square feet of land area for each student.

(2)

No building shall be located, nor activity take place, within fifty (50) feet of the perimeter of the site.

(3)

All activities shall be adequately screened from abutting residential or residentially zoned property by means of a protective wall or greenbelt as described in section 32-82 of this chapter.

(4)

Licensing shall be in accordance with the State of Michigan and/or appropriate authority or jurisdiction.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Article V and VI, respectively.

(Ord. No. 279, § 12.23, 12-12-96)

(a)

May be allowed in the RH residential high density district.

(b)

Specific requirements and conditions.

(1)

All such hospitals shall be developed only on sites consisting of at least ten (10) acres in area and providing a minimum of one thousand five hundred (1,500) square feet of lot area per bed.

(2)

All ingress and egress from the site shall be directly onto a major or secondary thoroughfare having an existing or planned right-of-way width of at least one hundred twenty (120) feet, as indicated on the master plan.

(3)

Ambulance delivery and service areas, when visible from adjacent land zoned for residential purposes, shall be obscured from view by a wall at least six (6) feet in height and a greenbelt.

(4)

The minimum distance between any structure and a property line shall be seventy-five (75) feet.

(5)

Maximum lot coverage shall not exceed thirty (30) percent.

(6)

Site requirements. If a use is proposed under this section in any residential district, the structure must be located either on a major thoroughfare or on the boundary line of the residential district and some other zoning district.

a.

Size. No hospital shall be permitted unless its size is at least fifty (50) in-patient beds.

b.

Licensing. All applicants for a use under this section shall show evidence of procurement of a license to operate a hospital under the statutes of the State of Michigan and the regulations of any administrative agency required thereby.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(Ord. No. 279, § 12.24, 12-12-96)

(a)

May be allowed in all residential districts, subject only to the standards contained in this section.

(b)

Location. The proposed use shall not be located closer than one thousand five hundred (1,500) feet to any of the following facilities, as measured along a street, road or other thoroughfare, excluding an alley:

(1)

Another licensed group day-care home.

(2)

Another adult foster care small group home or large group home, licensed by the State of Michigan.

(3)

A facility offering substance abuse treatment and rehabilitation service to seven (7) or more people, whether or not it is licensed by the State of Michigan.

(4)

A community correction center, resident home, halfway house, or other similar facility which houses an inmate population, under the jurisdiction of the department of corrections or a similar governmental authority.

(c)

Yard and placement requirements.

(1)

Front, rear and side yard minimums shall be the same as the residential district in which it is requested.

(2)

Maximum lot coverage. Same as for the district in which the use is requested.

(d)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(1)

On-site parking shall be provided for all employees, in addition to the required off-street parking for the residence. No required off-street parking shall be permitted in the required front yard space.

(2)

Fencing shall be required next to residential uses or districts in accordance with section 32-82 and enclose all outdoor play areas.

(e)

Character of development. The requested site and building shall be consistent with the visible characteristics of the neighborhood. The group day-care home shall not require the modification of the exterior of the dwelling nor permit the location of any equipment in the front yard.

(f)

Signage. The proposed use, if approved, may have one (1) non-illuminated sign that complies with section 32-85 and shall display only the name and address of the family day-care home.

(g)

Hours of operation. Operating hours shall be limited from 7:00 a.m. to 11:00 p.m. daily.

(h)

Inspection. The proposed use, if approved, shall be inspected for compliance with these standards prior to occupancy and at least once each year thereafter within ten (10) days of the anniversary of the certificate of occupancy.

(Ord. No. 279, § 12.26, 12-12-96)

(a)

May be allowed in the RH residential high density district.

(b)

Specific requirements and conditions.

(1)

Parking. One (1) off-street space for each dwelling unit.

(2)

Density. The number of units shall not exceed twice those permitted for standard development for the RH district.

(3)

All housing for the elderly shall be constructed on parcels of at least five (5) acres and may provide for the following:

a.

Cottage-type dwellings and/or apartment-type dwelling units.

b.

Common services containing, but not limited to, central dining rooms, recreational rooms, central lounge and workshops.

(4)

All dwellings shall consist of at least three hundred fifty (350) square feet per unit (not including kitchen and sanitary facilities).

(5)

Total coverage of all buildings (including dwelling units and related service buildings) shall not exceed twenty-five (25) percent of the total site, exclusive of any dedicated public right-of-way.

(6)

Accessory buildings. Those customarily incidental to the above uses permitted.

(c)

Business uses shall be permitted on the site when developed as retail or service uses clearly accessory to the principal use, within the walls of the main structure, and totally obscured from any exterior view. No identifying sign for any such business or service use shall be visible from any exterior view. Such businesses or services shall not exceed twenty-five (25) percent of the floor area at grade level.

(d)

All proposals for housing for the elderly shall be reviewed against the standards for such housing as published by the Michigan State Housing Development Authority. The MSHDA standards shall be used only as a general guide for the review to assure minimum adequacy and shall not limit the requirements placed on the use by the city.

(e)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(Ord. No. 279, § 12.27, 12-12-96)

(a)

Commercial or noncommercial establishments which allow or permit either the playing of live music or the playing of amplified music where a cover charge, admission charge or other special charge or price increase on either goods or services is imposed are subject to the provisions of this section.

(b)

No speakers and no live performances shall be permitted in any area other than completely within the fully-enclosed and permanent main structure.

(c)

No speakers or other devices for amplifying music shall be permitted upon the exterior of any building or otherwise situated so as to project out of any opening from within any building.

(d)

Both sound and vibration shall be controlled and limited so that it is of a character and nature no more noticeable than ordinary conversational tones between two (2) persons speaking to each other within a distance of three (3) feet from each other. This sound and vibration standard shall be enforceable at the property edge for all residentially-zoned districts or districts occupied with residential uses and for all other zoning districts during periods of time when such nonresidential zoning districts are either occupied or used.

(Ord. No. 326, § 2, 10-14-04)

(a)

May be allowed in all zoning districts (except office district) based on compatibility with the district and any abutting district.

(b)

Specific criteria.

(1)

Where the nursery and/or greenhouse operation grows stock for sale on the premises or elsewhere and does not engage in selling items not produced on the site the use may be considered generally compatible in all zoning districts as cited in subsection (a) above.

(2)

Where the nursery and/or greenhouse operation engages in the sale of small item merchandise clearly accessory to the sale of products raised on the site, the use may be considered generally compatible in sparsely developed residential districts and in all other districts.

(3)

Where the nursery and/or greenhouse operation engages in the sale of medium to large trees and items not produced on the site, including the selling of patio block, loose yard and building materials as a principal part of its business, such use may be considered generally compatible with the CG and IC districts.

(c)

Requirements and conditions.

(1)

All such uses shall be located on a paved major or secondary road as designated on the city master plan.

(2)

Site and yard requirements shall be as provided for the districts in which the use is located. The planning commission may establish such conditions as it deems necessary to insure the compatibility of the development with surrounding uses or districts.

(d)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles V and VI, respectively.

(Ord. No. 279, § 12.29, 12-12-96)

(a)

The following requirements shall apply to the location, installation, drilling and operation of any well for the commercial extraction of oil, gas or other hydrocarbons in the city:

(1)

May be allowed only in the industrial controlled district IC.

(2)

It shall be situated on a minimum lot size of three acres.

(3)

Spacing and well setbacks. In addition to the spacing and setback requirements of the State of Michigan and regulations of its supervisor of wells, the drilling completion or operation of oil or gas wells, or well sites shall not be located within three hundred (300) feet from any road right-of-way, five hundred (500) feet of a residentially zoned or used property, or any property used for religious facility, public or private school, hospital, hospital clinic or healthcare facility and one hundred (100) feet from any other property line. The proponent seeking to engage in activity shall also demonstrate to the city, a legal entitlement to drill on adjacent properties through mineral right acquisition or other means. Measurement of setback shall be made from the edge of the well site (in a straight line, without regard to intervening structures or objects), to the closest exterior point of the adjacent parcel.

(4)

Height. The completed well head structure shall not exceed twenty-two (22) feet in height. Any temporary drilling derrick or other facility shall not exceed one hundred ten (110) feet in height. Temporary drilling derricks and rigs shall not be in place for longer than sixty (60) days. A permit for an additional thirty (30) days may be secured upon presentation to the city manager of sufficient documentation demonstrating that reasonable progress has occurred throughout the initial sixty-day period and that operations can be completed within an additional thirty (30) days.

(5)

Fencing, landscaping and lighting. An oil or gas well site shall be completely enclosed with a six-foot high fence with materials compliant with ordinances. Staggered six feet tall evergreen trees shall be placed around the perimeter of the fence with a minimum landscape greenbelt buffer of twenty-five (25) feet in depth. This landscaping buffer shall be in place within thirty (30) days of the removal of the temporary drilling deck/rig. Exterior lighting shall comply with the provisions of the city's ordinances and shall be shielded so as not to be disruptive to adjoining parcels.

(6)

Nuisance mitigation. The drilling, completion, or operation of oil or gas wells or other wells drilled for oil and gas exploration purposes shall comply with the additional site requirements of the ordinance section 32-144(5) and any other applicable ordinance provisions. Such standards address potential nuisances such as noise, smoke, dust, and the like. To the extent this chapter is more restrictive the provisions of this chapter shall control.

(7)

Dust, noise, vibration, and odors. All operations shall be conducted in a manner so as to minimize, as far as practicable dust, noise, vibration or noxious odors and shall be in accordance with the best accepted practices defined by the Michigan Department of Environmental Quality for the production of oil, gas, or other hydrocarbon substances in urban areas. All equipment used shall be constructed and operated so that vibration, dust, odor or other harmful or annoying substances or effects will be minimized by the operations carried on at any time, or from anything incidental thereto, and to minimize the annoyance of persons living or working in the vicinity. Additionally, the site or structures on the property shall not be permitted to become dilapidated, unsightly, or unsafe. The city may impose additional reasonable restrictions upon such operations as to reduce adverse impacts upon adjacent properties.

(8)

Oil and gas processing facilities. Associated processing facilities that separate oil, gas and brine and hold said products for transport off-site for further refinement and processing are not permitted.

(9)

Compliance with laws and permit issuance. The drilling, completion, or operation of oil and gas wells or other wells drilled for the purpose of oil or gas exploration shall be done in conformity with all state and federal laws, statutes, rules, and regulations pertaining thereto and particularly with the State of Michigan and regulations of its supervisor of wells. This shall include obtaining the required permit from the supervisor of wells which permit shall be provided to the city prior to the city issuing special use approval under this section. This requirement applies to, but is not limited to the plugging of wells, the exploring for, producing, marketing and transportation of petroleum products and the disposition and removal of any byproducts utilized and associated with said activities.

(10)

Associated permits and approvals. Special use approval for the drilling, completion, or operation of oil or gas wells or other wells drilled for oil or gas exploration purposes is in addition to and not in lieu of any permit or plan which may be required by any other provision of the City of Fraser Zoning Ordinance, Building and Fire Codes, or by any other governmental agency, unless expressly outlined.

(11)

Operations.

a.

Permitted construction activity hours. Site preparation and construction of well sites are limited to the hours of 8:00 a.m. to 8:00 p.m. Construction activities associated with establishing of well sites may be eligible for an exception by the building department if such activities are in compliance with applicable laws and permits and is demonstrated that noise and disturbance from such activities will not be annoying or disturbing to surrounding uses.

b.

The movement of drilling rigs, tanker trucks or heavy equipment used in connection with drilling or operation of oil or gas wells over city roads and streets, shall require the approval of the city manager in conjunction with a review by the city engineer. A proposed traffic route and the axel weight, vehicle weight and description shall be submitted in advance to the city by the applicant.

c.

All brine, mud, slush, saltwater, chemicals, wastewater, chemical fluids or waste produced or used in the drilling of production of oil or gas shall be safely, lawfully and properly disposed of to prevent infiltration of or damage to any fresh water well, groundwater, watercourse, pond, lake or wetland. Such materials shall be promptly removed from the site and shall not be continuously stored upon the site.

d.

The oil or gas well site shall be kept in a clean and orderly condition, free of trash and debris, with vegetation cut. Machinery which is not expected to be used on the site within a two-week period, shall not be kept or stored at the well site.

e.

An oil or gas well shall include measures or controls satisfactory to the city engineer to prevent migration, run-off or discharge of any hazardous materials, including but not limited to chemicals, oil or gas produced or used in the drilling of production of oil or gas, to adjoining property, or to the sanitary sewer system, storm water system or any natural or artificial watercourse, pond, lake, or wetland. There shall be no off-site discharge of storm water except to an approved drainage system in accordance with the City's engineering requirements.

(12)

Inspection. The building official and any other designee of the city manager shall have the right and privilege at any time during the construction phase and any drilling operation to enter upon the premises subject to special land use approval for the purpose of making inspections to determine if the requirements of this section and other applicable ordinances are complied with.

(13)

Injection wells. Injection wells used for brine disposal or other chemicals from production of wells or from other sources are prohibited within the city.

(14)

Pipelines. No operator shall excavate or construct any lines for the conveyance of fuel, water, oil, gas or petroleum liquids under or through the streets, alleys or other properties owned by the city without an easement or right-of-way issued by the city.

(15)

Submittal requirements. In addition to the requirements for a site plan and other submittal requirements under the general provisions of special land use, the following information shall be submitted as part of the application:

a.

Environmental impact study. Applicant shall submit an environmental impact statement filed with the Michigan Department of Environmental Quality in connection with a well permit under the applicable provisions of the Natural Resources and Environmental Protection Act, MCL 524.61501 et seq. or as otherwise amended and administrative rules promulgated thereunder.

b.

Hydrogeological analysis.

c.

Emergency response plan. Pursuant to state and federal law, the operator shall provide any information necessary to assist the city emergency services department with an emergency response plan and hazardous materials survey establishing written procedures to minimize any hazard resulting from the operation. The emergency response plan shall include emergency contact information.

d.

Reclamation plan. A written statement describing how the land will be returned to a stable and productive condition post drilling operations shall be furnished. Time for completion of reclamation shall be provided. The city may require a bond calculated at the estimated cost of reclamation procedures which shall be returned following reclamation or may be drawn upon in the event reclamation is not completed if provided in a timely fashion.

e.

The operations plan shall include identification of site ingress and egress, a haul route map, hours of operation, soil erosion, mud and dust control plan, noise control plan, identification of operational noise impacts including documentation of establishing noise levels and mitigating noise levels, shall provide topography, shall provide an odor and fume control plan, pollution prevention plan, impact mitigation plan, monitoring and control plan.

(Ord. No. 378, § 3, 4-14-16)

(a)

May be allowed in the CG commercial general district.

(b)

Specific requirements and conditions.

(1)

The lot or area shall be provided and maintained with a permanent, durable and dustless surface paved with either asphalt or concrete and shall be so graded and drained as to dispose within the site of all surface water accumulated within the area.

(2)

The location of the site shall be upon a street with a right-of-way of at least one hundred twenty (120) feet (existing or proposed) and shall contain no fewer than forty thousand (40,000) square feet.

(3)

Such use shall be located no closer than five hundred (500) feet from any single-family zoning district.

(4)

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

(5)

No vehicle repair, bumping, painting or refinishing shall be done on the site. Cleaning and refurbishing of vehicles or units shall be permitted if done completely within an enclosed building.

(6)

Devices for the transmission or broadcasting of voices and/or music shall be prohibited.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles V and VI, respectively.

(1)

If such a use abuts a street of less than one hundred twenty (120) feet of right-of-way located abutting a residential district, a berm and landscaping in the front yard on such street shall be provided to screen all outdoor facilities, including storage and display areas, from adjacent residential property. In addition, all other areas of the site shall be fully landscaped.

(2)

Display areas, storage areas and all other vehicle parking contained on the site shall comply with the parking design and layout requirements of section 32-52 of this chapter. All required customer parking shall be reserved for that purpose only and not occupied by vehicles on display or for sale.

(Ord. No. 279, § 12.30, 12-12-96; Ord. No. 378, § 3, 4-14-16)

Editor's note— Ord. No. 378, § 3, adopted April 14, 2016, set out provisions intended for renumbering § 32-181 as § 32-182. For purposes of classification, and at the editor's discretion, § 32-181 has been renumbered as § 32-181.1.

(a)

No patio, deck, tent, or other outdoor service area may be added to any facility furnishing beverage or food service and no outdoor beverage or food service may be furnished unless special land use has been issued pursuant to these provisions.

(b)

In addition to other special land use provisions, the following provisions shall apply:

(1)

Determination of whether the proposed area for such service is compliant with all applicable fire codes, building codes or other laws and ordinances.

(2)

Review of the amount and nature of recorded police calls, liquor enforcement activity and other complaints within the preceding twelve-month period during ownership by the current liquor licensee, see the nature of the anticipated use of the outdoor service area, including anticipated crowd size and anticipated noise levels associated.

(3)

Whether the configuration of the outdoor service area, driveways and parking areas result in any greater interference with the safety and convenience of vehicular and pedestrian traffic and otherwise would exist.

(4)

Whether a satisfactory and harmonious relationship is likely to be maintained between the proposed site and the existing and prospective development of contiguous land and adjacent neighborhoods.

(5)

Whether noise, light, odors, or visual appearance from the proposed outdoor service area is likely to detrimentally impact upon the quiet, peaceful enjoyment of surrounding properties, their values or the likelihood of their development.

(c)

All permits issues shall be subject to periodic review and potential modification based on activities occurring with the first such a review to occur no later than six (6) months after issuance.

(d)

No outdoor service area shall be permitted which exceeds twenty-five (25) percent of the gross floor area of the fully enclosed permanent structure in which the facility offering outdoor beverage or food service is situated.

(e)

No outdoor service area shall include any attachment or appurtenance exceeding the height of one (1) story and no such area shall be located other than in an elevation equal to or less than the elevation of the lowest floor elevation of the facility, excluding the basement.

(f)

No flags, balloons, banners, or other similar attachments shall be affixed to any outdoor service area and advertising upon such outdoor service area is prohibited.

(g)

Adequate parking for rated occupancy providing one (1) space for each thirty-five (35) square feet of gross floor area for the outdoor service area shall be provided.

(h)

No outdoor service area shall be permitted where there is no building or other structure between the outdoor service area and a residentially-zoned or residentially-used area unless such outdoor service area is at least five hundred (500) feet from the closest boundary of the outdoor service area to the closest boundary of the residential zoning district or residential use.

(i)

A minimum of twenty (20) feet shall exist between any outdoor service area and any maneuvering lane or service drive.

(j)

A site plan properly scaled with dimensions of lot lines and property lines and locating all existing and proposed structures and surrounding property lot lines and surrounding property structure shall be provided which shall show all existing drives and parking areas, as well as all proposed parking areas.

(Ord. No. 326, § 3, 10-14-04)

(a)

May be permitted in all zoning districts.

(b)

Qualification requirements and application(s) for approval. A PUD application shall follow the qualifications and requirements of section 32-152 and shall comply with the requirements and standards of this section.

(c)

Site plan/specific zoning district requirements. The site plan, subdivision and use of land in a PUD must contain a minimum land area that, in the opinion of the planning commission, meets the purposes of a PUD listed in section 32-152(1) and the standards of this chapter, and must be planned as an integral unit combining one or more primary land uses listed below, with ancillary open space, recreation, park and common use areas. Each major use classification shall be governed by the following standards:

(1)

Residential.

a.

All RM residential medium density district standards shall apply to an area of approximately one (1) row of lots or units surrounding the outer boundaries of the area proposed for a residential PUD area abutting a one-family district. The row of units shall be developed as one-family detached residential structures, provided the strip may be penetrated by park, golf course or other related open space, subject to approval of the planning commission. All other uses permitted in a one-family district are prohibited, except as provided above or by modification of the planning commission, when practically necessary.

b.

Maximum density permitted within a residential PUD shall not exceed 4.5 dwelling units per acre. Overall density of the PUD shall be averaged for the entire PUD area within the proposed plan. Street rights-of-way, non-residential use areas, and subaqueous or submerged bottom land of lakes or streams shall be excluded in parcel density area computation. In residential PUD areas, the applicable common areas, open space and recreation facilities may be included in average density. Land area used in computing density for one project or use area shall not be used to compute another. Except as set forth above, all yards for one-family in the buffer strip of the development may be reduced from the requirements set forth in this chapter as follows:

1.

Front yards may be reduced five (5) feet, but shall not be less than twenty-five (25) feet.

2.

Side yards may be reduced up to five (5) feet, provided at least ten (10) feet of combined side yards shall be provided between buildings. No reduction will be allowed in side setbacks on corner lots.

3.

Minimum lot areas may be reduced up to ten (10) percent.

c.

Areas designed multiple-family residential shall meet the requirements of the RH residential high density district with common areas, open space and recreation facilities included in the density computation.

d.

Carports may be located on side or rear lot line, with appropriate screening.

e.

Ancillary areas designed as commercial or office development shall meet requirements of the CN district (commercial neighborhood) in commercial developments, or OS (office service) in office developments. Non-residential uses shall not exceed ten (10) percent of the total residential PUD area and shall meet all other requirements of the codes and ordinances of the city. CG district (commercial general and IR and IC (industrial) districts or uses shall not be allowed in a residential PUD.

f.

The percentage of one-family lots or units in relation to the number of multiple-family dwelling units shall be at least in proportion to the ratio between total number of one-family units and total number of multiple-family units planned for the entire PUD site. Site condominium subdivisions and open space plan regulated by this chapter may be used in conjunction with a PUD project. Approved non-residential uses may not be constructed prior to initiation of residential development.

(2)

Office.

a.

All OS office service district standards shall apply to proposed PUD areas with landscaped or buffers where the area abuts any residential district. Development shall conform with the OS zoning requirements and the requirements of this section, except as may be modified by the planning commission.

b.

Office uses shall be as prescribed by the planning commission. Uses not compatible with the overall intent of this district and which detract from the design or function of this district are prohibited. Building coverage is limited to thirty (30) percent of gross lot area.

c.

Building setbacks shall be measured from the centerline of each road right-of-way in accord with the city's master plan as follows:

Distance from centerline:

1.

Major .....110 feet

2.

Secondary .....110 feet

3.

Collector .....93 feet

4.

Local .....85 feet

5.

Cul-de-sac .....110 feet

6.

Private roads .....50 feet*

* Front yard setback shall be measured from the road easement or common usage line abutting the subject lot.

The following minimum yard requirements shall be provided for each lot which is not subject to the preceding requirements.

1.

Rear yard setback from rear property line for buildings and other uses as provided in this paragraph shall be thirty-five (35) linear feet or greater.

2.

Side yard width shall be ten (10) feet. Every lot with a structure shall be provided with a side yard on each side of the lot. Each side yard shall be increased by one (1) foot for each ten (10) feet, or part thereof, by which the width of the structure exceeds fifty (50) feet in overall dimension facing the street lot line.

d.

Minimum yard requirements shall apply to all buildings and structures, drives and loading areas. Drives may cross required yards. Larger minimum yards may be required by the planning commission at time of PUD plan approval for a building exceeding two (2) stories or thirty (30) feet in height. Requirements shall be based on consideration of natural light, air circulation, solar access and other effects on adjacent buildings or properties.

e.

All front or street-side yards shall be landscaped and permanently maintained. Yards between this district and neighboring residential districts shall be as provided in paragraph c. above and be increased by forty (40) feet and landscaped to function as a buffer. Environmentally sensitive areas, such as woodlands, wetlands, enclosed drainage areas and island portions of landscaped boulevards, may be included in the calculation for yards and buffers. All landscaped areas shall be continuously maintained in a livable condition.

f.

All Office PUD properties shall abut a major or secondary thoroughfare as shown on the city's master plan or have direct access to such thoroughfares by means of a street that serves the PUD adequately.

g.

All buildings shall be constructed of aesthetically pleasing brick and/or stone building materials or other similar durable decorative building materials as may be approved by the planning commission.

h.

Lighting shall be appropriate to the building(s) and surroundings in terms of style, scale and illumination intensity (see section 32-86).

i.

Signs shall be governed by a signage scheme approved as part of the PUD plan.

j.

Trash and other waste materials shall be stored within a principal or accessory building or shall be screened from view from the street and adjacent properties. They shall not be located in front, street facing or on a side yard. Utility meters and control devices shall also be so located and screened.

(3)

Commercial.

a.

All standards of the CG general commercial district shall be applied to the proposed PUD area, with landscaped or constructed buffers where PUD area abuts a residential district. Development shall conform with CG zoning requirements and requirements of this section, except as modified by the planning commission.

b.

Commercial uses shall be as prescribed by the planning commission. Uses which are not compatible with overall intent of this district, which may include activities that would detract from design or function, are prohibited. Outdoor storage and display of merchandise or equipment is prohibited. Lot coverage shall not exceed eighty (80) percent of gross lot area, including all buildings and paved areas. Building coverage is limited to thirty (30) percent of gross lot area.

c.

Minimum distance of any accessory building from boundary lot lines shall be at least fifty (50) feet for front and rear yards, and twenty-five (25) for side yards (see below). Accessory buildings shall not be less than one hundred (100) feet from any property line abutting residentially zoned lands. Building setbacks shall be measured from centerline of each road right-of-way in accordance with the city's master plan as specified below:

Distance from centerline:

1.

Major .....135 feet

2.

Secondary .....135 feet

3.

Collector .....118 feet

4.

Local .....105 feet

5.

Cul-de-sac .....135 feet

6.

Private roads .....75 feet*

* Front yard setback shall be measured from the road easement or common usage line abutting the subject lot.

d.

The PUD project area land shall not provide less than ten (10) percent of common open space. Computation shall exclude right-of-way area devoted to streets. Open space shall be planned as a contiguous area, located in accordance with the approved PUD plan for maximum benefit of the area. Environmentally sensitive areas, such as woodlands, wetlands, enclosed drainage areas, and fifty (50) percent of the island portions of landscaped boulevards, may be included in the calculation of common open space.

e.

Portions of the PUD area not used for parking, driveway, buildings or plazas shall have landscaping and lawn approved by the planning commission as required in section 32-84, landscaping requirements.

f.

Buildings shall be constructed of aesthetically pleasing brick and/or stone materials or other similar durable decorative building materials as approved by the planning commission. Evaluation of project appearance shall be based on quality of design, relationship to surroundings, sensitive integration of form, texture and colors with the landscape and setting.

g.

Parking area lighting shall not allow rays and illumination to be cast upon neighboring residents and shall not glare into nearby buildings or streets. Illumination shall not exceed one (1) foot-candle measured four (4) feet from the parking surface and one-half (½) foot-candle at the property line. Lighting shall be appropriate to building and surroundings in terms of style, scale and illumination intensity. Site floodlights, building mounted or otherwise, and "freeway type" fixtures are prohibited. Low wattage systems are recommended and all lighting shall be shielded. Lighting of pedestrian walkways and plazas may include either shielded or exposed sources, but heights shall be restricted and intensity of light shall be subdued.

h.

Signs shall be governed by the signage scheme approved as part of the PUD plan.

i.

Screening between development features, parking, truck maneuvering and loading areas and abutting districts shall be either a landscaped berm (maximum slope of 1:4), poured decorative concrete wall, or massed plantings of sufficient height to obscure view.

j.

Outdoor storage of materials and/or equipment shall not be allowed. Solid waste, rubbish and trash storage areas shall be screened by decorative poured concrete wall of six (6) feet in height enclosing three (3) sides.

(4)

Industrial.

a.

All standards of the IR industrial restricted district shall be applied to the proposed PUD area with landscaped or constructed buffers where said area abuts a residential district. Development shall conform with IR zoning requirements and requirements of this section, except as may be modified by the planning commission.

b.

Industrial uses shall be as prescribed by the planning commission. Uses not compatible with overall intent of this district and which detract from the design or function of this district are prohibited. Outdoor storage of merchandise or equipment is prohibited. Lot coverage, including all buildings and paved areas, shall not exceed eighty (80) percent of the gross lot area. Building coverage is limited to forty (40) percent of gross lot area.

c.

Building setbacks shall be measured from the centerline of each road right-of-way in accord with the city's master plan as follows:

Distance from centerline:

1.

Major .....110 feet

2.

Secondary .....110 feet

3.

Collector .....93 feet

4.

Local .....85 feet

5.

Cul-de-sac .....110 feet

6.

Private roads .....50 feet*

* Front yard setback shall be measured from the road easement or common usage line abutting the subject lot.

The following minimum yards shall be provided for each lot which is not subject to preceding requirements:

1.

Side, interior: Twenty (20) feet one side; zero (0) feet other side if fire rated.

2.

Side, corner: Fifty (50) feet.

3.

Rear: Twenty (20) feet.

d.

Minimum yard requirements shall apply to all buildings, structures, drives, parking and loading areas. Drives may cross required yards.

e.

All yards shall be landscaped and permanently maintained. Yards between this district and neighboring residential districts shall be increased by fifty (50) feet and landscaped to function as a buffer. Environmentally sensitive areas, such as woodlands, wetlands, enclosed drainage areas and island portions of landscaped boulevards, may be included in the calculation for yards and buffers. All landscaped areas shall be continuously maintained in a livable condition.

f.

All industrial PUD properties shall abut a major thoroughfare as shown on the city's master plan or have direct access to such thoroughfare by means of a street that exclusively serves the industrial PUD.

g.

Buildings shall be constructed of aesthetically pleasing brick and/or stone materials or other similar durable decorative building materials as approved by the planning commission. Evaluation of project appearance shall be based on quality of design, relationship to surroundings, sensitive integration of form, texture and colors with the landscape and setting.

h.

Parking area lighting shall not allow rays and illumination to be cast upon neighboring residents and shall prevent glare into nearby buildings or onto nearby streets. Lighting shall be appropriate to building and surroundings in terms of style, scale and illumination intensity (see section 32-86).

i.

Signs shall be governed by a signage scheme approved as part of the PUD plan.

j.

Screening between development features, parking, truck maneuvering and loading areas and abutting districts shall be a landscaped berm (maximum slope of 1:4), poured decorative concrete wall or massed plantings of sufficient height to obscure view.

k.

Outdoor storage of vehicles, equipment, supplies or products; outdoor processing, assembly, repair or other operations; and outdoor display of goods, materials, products, equipment or processes is prohibited. No display is permitted in a window or in any other location visible from a street or an adjacent lot. Trash and other waste materials shall be stored within a principal or accessory building or shall be screened from street view and adjacent lots. It shall not be located in a front or side yard. Utility meters and control devices shall also be so located and screened.

(d)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(Ord. No. 279, § 12.32, 12-12-96)

(a)

May be allowed in both one-family residential districts and the OS office service district.

(b)

Specific requirements and conditions.

(1)

All such uses shall have ingress and egress directly onto a major or secondary thoroughfare having an existing or planned right-of-way width of at least one hundred and twenty (120) feet, as indicated on the master plan.

(2)

All activities, other than parking of motor vehicles and loading and unloading, shall be conducted within a completely enclosed building, except for outdoor activity specifically approved and/or licensed by the city.

(3)

No building shall be closer than fifty (50) feet to any property line.

(4)

Maximum lot coverage shall not exceed thirty (30) percent.

(5)

No such uses shall abut an existing residential district on more than one side.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(Ord. No. 279, § 12.33, 12-12-96)

(a)

The following noncommercial recreation uses may be permitted in both one-family residential districts and the OS office service district. Private noncommercial recreation areas, institutional or community recreation centers, nonprofit swimming pools are all included under this section.

(b)

Site requirements. The proposed site for any of the community-servicing uses permitted herein (i.e., those which would attract persons from beyond the immediate neighborhood) shall have one property line abutting a major or secondary thoroughfare, and the site shall be so planned as to provide vehicular ingress and egress directly onto said major or secondary thoroughfare.

(c)

Yard and placement requirements. No building shall be located, nor activity take place, within fifty (50) feet of the perimeter of the recreation area. All such activities shall be adequately screened from abutting residentially zoned property by means of a protective wall or greenbelt as described in section 32-82 of this chapter.

(d)

Other requirements. Whenever a swimming pool is to be provided, said pool shall be provided with a protective fence six (6) feet in height and entry shall be by means of a controlled gate or turn-style.

(e)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(Ord. No. 279, § 12.34, 12-12-96)

(a)

May be allowed in both of the one-family residential districts and the CBD district.

(b)

Specific requirements and conditions.

(1)

Adequate ingress and egress to handle the traffic anticipated to be generated by the use shall be provided.

(2)

No building shall be located, nor activity take place, within fifty (50) feet of the perimeter of the site.

(3)

All activities shall be adequately screened from abutting residential or residentially zoned property by means of a protective wall or greenbelt, as described in section 32-82 of this chapter.

(4)

The requested site and building shall be consistent with the visible characteristics of the neighborhood.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Article V and VI, respectively.

(Ord. No. 279, § 12.35, 12-12-96)

(a)

Public utility buildings, including telephone exchange buildings and repeater stations, electric transformer sub-stations and stations, gas regulator stations (all without storage yards) and cable television, may be permitted in any district when operating requirements necessitate their locating within the district in order to serve the immediate area.

(b)

Site requirements.

(1)

Minimum site size: Two (2) acres.

(2)

The site shall abut a public road having a right-of-way of not less than that of a collector thoroughfare (eighty-six (86) feet) or a proposed right-of-way of major or secondary thoroughfare.

(c)

Yard and placement requirements.

(1)

All development features shall be enclosed within a building or enclosure.

(2)

Maximum height of any structure: Twenty-five (25) feet.

(3)

Minimum yard requirements:

a.

Front: Fifty (50) feet.

b.

Side: Thirty (30) feet each side with one (1) additional foot for each five (5) feet the nonresidential structure exceeds forty (40) feet in length along the adjoining property line.

c.

Rear: Fifty (50) feet.

(4)

Maximum lot coverage of all buildings: Ten (10) percent.

(d)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(1)

No off-street parking shall be permitted in the required front yard space.

(Ord. No. 279, § 12.36, 12-12-96)

(a)

[Defined.] Smoking lounges are hereby defined as establishments where patrons share a lawful product, including tobacco product, smoked from a communal device.

(b)

Specific requirements and conditions.

(1)

All such uses shall ingress and egress directly onto a major or secondary thoroughfare, having an existing or planned right-of-way of at least one hundred twenty (120) feet as indicated on the master plan.

(2)

All activities other than the parking of motor vehicles and loading or unloading shall be conducted within a completely enclosed building except for an outdoor activity specifically approved and/or licensed by the city.

(3)

No buildings shall be closer than fifty (50) feet to any property line.

(4)

Maximum lot coverage will not exceed thirty (30) percent.

(5)

No uses shall abut an existing residential district on more than one (1) side.

(6)

No such business shall operate earlier than 11:00 a.m. nor later than 12:00 midnight. No persons shall be present on the premises earlier than one (1) hour before permitted morning hours of operation and later than one (1) hour following permitted evening hours of operation.

(7)

No person under eighteen (18) years shall be permitted to be present, including, but not limited to as a patron or employee upon the premises.

(8)

Such facilities shall comply with all other county health laws and other applicable federal, state or local laws.

(9)

Such uses shall be permitted only in the General Business (CG) District by special land use.

(10)

No building allowing such use shall be located within one thousand two hundred fifty (1,250) feet of any public or private school property.

(Ord. No. 338, § 1, 9-13-07)

(a)

Transitional uses may be permitted in the RL residential low density and RM residential medium density districts when proposed on property either across the street from or immediately beside any non-residential district, provided the provisions of this chapter and the following special conditions and requirements are met.

(b)

Specific requirements and conditions.

(1)

Site requirements. The transitional use shall not extend unreasonably into the residential district in which it may be permitted. This shall mean that the use shall not extend deeper than half a block deep when fronting nonresidential district, or more than one typical lot width when beside a nonresidential district, unless it is proven that the typical lot width is not adequate to provide space for a unified and attractive development.

(2)

Transitional uses.

a.

RL residential low density district. Across the street from a nonresidential district:

1.

Two-family;

2.

Multiple-family;

3.

Professional office.

b.

RM residential medium density district. Across the street from or beside a nonresidential district:

1.

Two-family;

2.

Multiple-family;

3.

Professional office;

4.

Noncommercial club or lodge.

(3)

Area, height, yard and placement requirements. Same as for use in its own use district.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(Ord. No. 279, § 12.38, 12-12-96)

(a)

May be allowed in all zoning districts except residential. Twenty-four-hour operation is defined as any business or service dealing directly with the public operating anytime between the hours of midnight and 6:00 A.M.

(b)

Specific requirements and conditions.

(1)

The site shall not be contiguous to any residence or residential district and shall not be located within three hundred (300) feet of the property line of any public or private school, or playground.

(2)

The site shall be so located as to abut a major or secondary thoroughfare right-of-way and all ingress and egress to the site shall be directly from said thoroughfare.

(3)

The building, or part thereof, devoted to such use or activity shall be designed and constructed in such a manner that no audible sound may be heard by adjoining tenants or at the lot line.

(4)

Such uses shall be conducted in accordance with all applicable regulatory ordinances of the city.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(Ord. No. 279, § 12.39, 12-12-96)

(a)

May be allowed in the RM residential medium density one-family district.

(b)

Site and building requirements.

(1)

Building requirements. The two-family side-by-side attached or semi-detached dwellings shall be new and shall not tend to adversely affect the normal development of the adjacent properties or the neighborhood, and the buildings shall be in harmony with the character of the district in which they will be located (brick, facing material and the like).

(2)

Site requirements.

a.

The property shall abut a public road designated as a major thoroughfare on the city's thoroughfare plan.

b.

The construction or placing of a two-family structure in this district shall be on a single or a series of single platted or officially recorded lots, or on a larger tract where each structure shall face upon a public street. In the latter instance, each structure shall be considered as occupying one (1) lot for yard and placement requirements.

c.

All structures shall be connected to a public sewer and water supply.

(3)

Yard and placement requirements.

a.

Minimum size of lot for each two (2) dwelling units:

1.

Area: Nine thousand six hundred (9,600) feet.

2.

Width: Eighty (80) feet.

b.

Maximum height of any structure, minimum yard setback per lot, maximum lot coverage of all buildings, rules regarding accessory building and signs shall be the same as those for the RM residential medium density residential district.

c.

Minimum floor area.

1.

One bedroom unit: Six hundred (600) square feet.

2.

Two (2) or more bedroom units: An additional two hundred (200) square feet for each bedroom over one added to the minimum floor area requirement of six hundred (600) feet.

(c)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in Articles V and VI, respectively.

(1)

Off-street parking spaces shall consist of a parking strip, driveway, garage, or combination thereof, for each dwelling unit. Such parking spaces shall be equally accessible for all residents and shall be located on the premises they are intended to serve, subject to the provisions of subsection c.2. above.

(2)

Off-street parking shall not be provided in any required front or corner side yard.

(Ord. No. 279, § 12.40, 12-12-96)

(a)

May be allowed in the IR industrial restricted district.

(b)

Uses permitted. Retail uses which have a warehouse, or which have an industrial character by reason of outdoor storage requirements or activities such as, but not limited to: lumber yards, building materials, upholsterer, cabinet maker, outdoor boat, house trailer, automobile or agricultural implement sales, or uses serve the convenience needs of such IR industrial district, such as but not limited to: churches, eating and drinking establishments, banks, savings and loan associations, credit unions, automobile service stations, motels, bowling alleys, trade or industrial schools, medical or other offices serving such district, including an industrial medical clinic.

(c)

Site and yard requirements. The site and yard requirements shall be as provided for the district in which the use is located.

(d)

Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in articles V and VI, respectively.

(Ord. No. 279, § 12.41, 12-12-96)

(a)

Wireless communication towers, including their respective transmission towers, relay and/or receiving antennas, and normal accessory facilities involved in television, radio, microwave, cable systems, cellular, personal communication, and similar communication services and facilities, shall be permitted as a special land use in the IR (Industrial Restricted) district and in the IC (Industrial Controlled) district, when found to be essential or desirable to the public convenience or welfare or upon city-owned property. Such use shall be designed and located in such areas so as to have a limited visibility and impact on neighboring residential areas and shall be in conformance with the following requirements:

(1)

The applicant shall submit verification of FCC and FAA compliance.

(2)

A written explanation of the design characteristics and ability of the structure(s) and attendant facilities to withstand winds, ice and other naturally occurring hazards shall be submitted. This information shall also address the potential for the tower or other mounting structure and/or antennae to topple over or collapse, and what tower configuration should be expected in such an event. Technical documentation of any information regarding these concerns shall also be provided. Monopole (stealth or equivalent type) antenna structures shall be required where such are technologically feasible. Such towers shall be designed to accommodate at least three (3) additional co-locators antennae structures. In all cases, communication towers shall be designed to blend into the surrounding environment to the maximum extent feasible.

(3)

In order to maximize the efficiency of providing such services, while minimizing the negative impact of such facilities on the city, co-location of such facilities on an existing tower or other existing structure is required, when feasible. An applicant shall furnish written documentation as to why a co-location at another site is not feasible and whether they have, in fact, contacted the owners of existing facilities to determine if co-location is possible. Applicants shall provide the name, address and telephone number of contact persons for potential co-locations for verification purposes. Applicants shall also provide signal propagation maps which clearly convey the need for such tower at the proposed location and clearly shows that existing towers and preferred locations do not work. If the application represents a new tower/antenna facility, the applicant shall provide a letter of intent to lease any excess space on a tower facility and shall commit itself to:

a.

Promptly responding to any requests for information from a potential co-user of their tower/antenna;

b.

Negotiate in good faith and allow for leased, shared use of the facility, when it is technically practical; and

c.

Make no more than a reasonable charge for a shared use lease.

(4)

If the application involves co-location on an existing tower or structure, the public hearing requirements shall be waived and approval shall only include a site plan and documentation by the co-user as to their compliance with all of the terms and conditions required of the host applicant. Co-location may be permitted by the planning commission, after site plan review, on all existing towers and existing similar structures, regardless of the zoning district in which it is located.

(b)

Approval of a communication tower facility shall not be granted until such time that the applicant has demonstrated all of the following:

(1)

The proposed facility is needed because the telecommunications provider is unable to co-locate its facility with another provider or other structure; and

(2)

The proposed facility is needed to correct a significant gap in coverage.

The applicant shall also demonstrate that there are no suitable tower sites within the preferred industrial zoning districts or on city-owned properties.

(c)

The development of any such facility, together with accessory uses, shall be in such a location, size and character as to be compatible with the orderly development of the zoning districts in which it is situated and shall not be detrimental to the orderly and reasonable development or use of properties in the adjacent areas or the community at large. Furthermore, the location and improvement of facilities, as provided for herein, shall also be subject to the following additional requirements:

(1)

Towers shall be permitted in the IR and IC zoning districts upon site approval, and provided the location of such facilities do not represent a hazard to the use and/or development of other uses on the site and in the area. The development of new towers is specifically prohibited in all other zoning districts in the city, unless the applicant can demonstrate that no suitable site exists for a tower within the IR and IC districts. Upon such a finding, tower locations shall be sought based on the hierarchy listed below.

The applicant shall demonstrate that no suitable site exists in each zoning district listed, prior to requesting the next district on the list.

District Hierarchy:

1. OR Zoning District

2. CG Zoning District

3. CN Zoning District1

4. O-S Zoning District

5. REC Zoning District

6. RH Zoning District

7. Other Remaining Districts

(2)

The site shall be of such size and shape that the proposed tower facility may be developed in compliance with all requirements of the city, and any such tower/antenna shall not exceed one hundred twenty (120) feet in height above the average grade around the structure it is mounted upon.

(3)

The tower site shall meet all city standards relating to drainage, lighting, landscaping, general safety and other applicable standards. All landscaping shall be placed in an aesthetically pleasing and functional manner. Such landscaping shall be incorporated along access drives servicing the tower site and around fencing and all associated cabinets.

Maintenance of all landscaped areas associated with the construction of a tower or the co-location of an antenna shall be the sole responsibility of the tower owner. All landscaped areas shall be continuously maintained in a sound, weed-free, healthy and vigorous growing condition. All unhealthy and dead material shall be replaced within one (1) year.

(4)

All communication towers and facilities shall be surrounded by a six (6) foot high fence to prevent unauthorized access and vandalism. Two (2) staggered rows of six (6) foot high evergreen screening trees, as approved by the city, shall be placed outside of said fence to screen the tower base and ancillary facilities, unless the topography and elevation of the site permit another form of landscaping obscurement as determined by the planning commission. Each row of trees shall be planted at intervals of ten (10) foot on center. The fence surrounding the tower shall be a decorative vinyl coated chain-link material (earthen color) or other similar decorative fence determined appropriate by the commission.

(d)

Lighting associated with communication towers and facilities shall comply with all applicable FAA regulations. Such lighting shall not exceed FAA minimum standards. Where ground level lighting is required, it shall be shielded or directed to the maximum extent possible to minimize the amount of light that falls onto nearby properties. Ground level lighting shall operate on motion detectors to minimize any negative impacts.

(e)

A twelve (12) foot wide paved access road shall be provided and maintained in a good condition to provide access for service and emergency vehicles. Such access road shall meet all city engineering design requirements.

(f)

Setback requirements will be determined in relation to the tower/antenna design and collapse data previously required in this section. Minimum setback requirements, unless otherwise provided for, are as follows:

(1)

When adjacent to nonresidential zoning districts, the setback shall not be less than the overall height of the tower/antennas. This setback requirement shall also apply to any accessory buildings. If the design and collapse data for the tower properly documents its ability to collapse down upon itself, the setback requirements to any side or rear yard property line abutting a non-residential zoning district may be reduced to one-half (½) the overall height of the tower. In no instance shall any tower facility be located within a front yard. Accessory buildings shall be screened from view by an obscuring Greenbelt.

(2)

When adjacent to any residential zoning district, the tower setback shall not be less than the overall height of the tower/antennas, plus fifty (50) feet. If the design and collapse data for the tower properly documents its ability to collapse down upon itself, the setback requirement to any side or rear yard property line abutting any residential district may be reduced to the overall height of the tower/antenna. In no instance shall any tower be located within a required front yard. Accessory buildings and uses shall be screened in the same manner as communication towers and facilities. Accessory buildings shall be constructed of a brick material, the color selection as approved by the planning commission to provide for harmonization with the surrounding area. Roof design, i.e., gable or flat roof, shingled and color shall be determined and approved by the planning commission so as to provide harmony and obscurement in relation to the existing area and surrounding uses.

(3)

Further modifications to the side and rear yard setbacks may be considered when it is documented that the adjacent property is unbuildable due to wetlands, floodplains or other significant limitations. It shall also be found that no adverse effects on reasonable development patterns in the area would be created by developing the tower.

(g)

Cellular antennae and supporting structures shall be permitted to be attached to buildings and structures in all zoning districts whether or not they are accessory to the building use, subject to the following conditions.

(1)

The principal use is a conforming use and the building is a conforming structure.

(2)

If connected directly to the main building, antennae may be attached to any portion of the building. Such antennae or antennae with supporting structure may not exceed twenty (20) feet in height.

(3)

The structure that supports antennae may not exceed ten (10) feet in height.

(4)

Such antennae with supporting structure shall not be credited to the overall height of the building.

(5)

Any structure that supports antennae shall be setback from the outermost vertical wall or parapet of the building, a distance equal to at least two (2) times the height of such supporting structure.

(h)

In addition to site plan review, the planning commission, with a majority vote, may require an independent third party review of an application. Such review shall be conducted by a professional engineer specializing in this type of communication technology and will be paid for by the applicant. The requirement for such a review shall be based on one (1) or more of the following findings:

(1)

The applicant has not substantiated a need for a proposed tower to the satisfaction of the commission.

(2)

The applicant has been unable to disprove the ability to co-locate on an existing tower or structure to the satisfaction of the commission.

(3)

The applicant has not substantiated the structural safety of a structure to be commensurate with the requested setback.

(4)

The data supplied by the applicant is determined to be disorganized, confusing or misleading by the commission.

(i)

All structures, buildings and required improvements shall comply with all other applicable codes and ordinances and shall be continuously maintained in a safe, healthful and complying condition. Every telecommunication provider with sites located in Fraser shall provide the city with an annual report disclosing the radio frequency emissions of each tower or antenna it has within the city. The city may by resolution require annual inspections of radio frequency emissions of each tower or antenna by the city to insure that they are being operated within the requirements of the Telecommunications Act of 1996. The permit may include a requirement for periodic structural and safety inspections and reports, as deemed necessary by the city council. The city shall charge a fee for the annual inspection to cover its costs.

(j)

A condition of every approval of a wireless communication facility shall be adequate provision for the removal of the facility by users and owners when the facility has not been used for one hundred eighty (180) days or more. Removal of the tower/antenna and its accessory use facilities shall also include removing the top three (3) feet of the caisson upon which the tower is located and covering the remaining portion with top soil. For purposes of this section, the removal of towers, 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 nonuse.

(k)

The applicant shall deposit with the city, in a form which is satisfactory to the city, a performance guarantee in an amount established by the city council as security for the removal of tower if abandoned for three hundred sixty-five (365) days or more.

(Ord. No. 346, § 1, 1-8-09)