In addition to specific regulation of uses by district, there is a need to regulate supplemental or accessory uses, including parking and sign regulations. Nonconforming uses of land, nonconforming buildings and structures and nonconforming lots may be considered legal yet nonconforming subject to other restrictions on their use or redevelopment. Special uses are those permitted in a district upon compliance with conditions related to obtaining a special use permit.

(Ord. No. 227, art. 6, 9-4-2001)

(a)

Owner to maintain and provide parking spaces. Every property owner shall provide and maintain at all times the required number of off-street parking spaces, and the necessary loading and unloading facilities associated thereto, in each district for all occupants, employees and patrons of said property.

(b)

Parking plan. A plan showing the required parking and loading spaces including the means of access and interior circulation except for one-family and two-family dwellings, shall be provided at the time of application for a building permit for the erection or enlargement of any building.

(c)

Manner and location of parking spaces. Parking space shall be provided in the manner and location herein specified:

(1)

No parking area, parking space or loading space which exists at the time Ordinance No. 134 became effective or which subsequent thereto is provided for the purpose of complying with the provisions of this chapter shall thereafter be relinquished or reduced in any manner below the requirements established by this chapter, unless additional parking area or space is provided sufficient for the purpose of complying with the provisions of this chapter within 300 feet of the proposed or existing uses for which such parking will be available.

(2)

Parking of motor vehicles in residential zones, except those used for farming, shall be limited to passenger vehicles, and not more than one commercial vehicle of the light delivery type. The parking of any other type of commercial vehicles, or buses, except for those parking on school property; is prohibited in a residential zone.

(d)

Parking space and lot requirements. Requirements for all parking spaces and parking lots:

(1)

Each automobile parking space shall be not less than nine feet wide and 20 feet in length exclusive of driveway and aisle space.

(2)

All off-street parking facilities shall be drained so as to prevent damage to abutting properties or public streets and shall be constructed of materials which will have a dust-free surface resistant to erosion.

(3)

Any lighting fixtures used to illuminate any off-street parking area shall be so arranged as to reflect the light downward and onto the property itself and away from any adjoining residential lots.

(4)

An area equivalent to five percent of the minimum parking requirement for all nonresidential parking shall be added and maintained as a landscaped area. The planning commission may require additional landscaping where deemed necessary to maintain the desirability of adjoining properties.

(5)

Off-street parking facilities in nonresidential zones shall be effectively screened on any side which adjoins or faces property in any residential zone by a wall, fence, or compact planting not less than four feet or more than eight feet in height. Plantings shall be maintained in good condition and not encroach on adjoining property. Screening shall not be so placed or maintained as to provide a traffic hazard through obstruction of visibility.

(6)

All off-street parking areas that make it necessary for vehicles to back out directly into a public road are prohibited. This prohibition shall not apply to off-street parking areas of one or two-family dwellings.

(7)

Space for all necessary loading and unloading operations must be carried on entirely within the lot area of the use it serves and shall not interfere with pedestrian or vehicular movement.

(8)

The number of parking spaces required for land or buildings used for two or more purposes, shall be the sum of the requirements for the various individual uses, computed in accordance with this section; parking facilities for one use shall not be considered as providing the required parking facilities for any other use.

(9)

Shared Parking: Except for in residential areas common, shared parking facilities are encouraged in the city. The development and use of a parking area shared between two or more uses shall be permitted where peak activity for each use will occur at different periods of the day or week.

a.

Shared facilities shall submit a signed shared parking agreement, subject to acceptance by the city attorney.

b.

The collective off-street parking area shall not be located farther than 300 feet from any building or use being served. For the purposes of this regulation, a collective parking area shall be considered conforming if at least 20 percent of a contiguous parking area is located within 300 feet of the building(s) being served.

c.

After a parking study and documentation from the applicant (if necessary), the planning commission may reduce the required number of parking spaces based on the peak hour demand and may require a shared parking agreement.

(10)

The requirements of this article may be met by participation in a municipal or community parking development designed to serve a larger area, provided the plans for such parking areas have been approved by the Planning Commission.

(e)

Minimum required spaces. Minimum required parking spaces:

(1)

Apartment houses. Two parking spaces per dwelling unit.

(2)

Office buildings. One parking space for each 250 square feet of floor space utilized for workspace of employees.

(3)

Retail stores, supermarkets, department stores, personal service shops and shopping centers. One parking space for each 500 square feet area in the basement and on the first floor used for retail sales and one space for each 750 square feet of floor area on the second floor used for retail sales, and one space for each 1,000 square feet of floor area on the third floor and any additional floors used for retail sales.

(4)

Manufacturing buildings. One parking space for each two employees on the maximum shift.

(5)

Libraries, museums, and post offices. One parking space for each 400 square feet of floor area

(6)

Bowling alleys. Three parking spaces for each alley.

(7)

Motels and hotels. One parking space for each separate unit.

(8)

Theaters, auditoriums, stadiums and churches. One parking space for each four seats.

(9)

Dance halls, assembly halls and convention halls without fixed seats. One parking space for each 50 square feet of floor area if it is to be used for dancing and assembly.

(10)

Restaurants and nightclubs. One parking space for each 400 square feet of floor area.

(11)

Bicycle parking. A bicycle parking space means allocation to allow for the temporary placement of a bicycle. This means an area designated for bicycle parking which includes the use of bicycle rack(s). Bicycle parking spaces shall be located in an area that is visible, safe, and convenient with adequate lighting provided. Bicycle parking spaces shall be located to maximize accessibility to building entrances or be located within a building area that is accessible to the public. In off-street parking areas with 35 or more automobile parking spaces, one bicycle parking space may be substituted per 25 spaces of automobile parking spaces.

(f)

Parking waiver. Where it can be demonstrated that the requirements of this section would provide an unnecessary amount of parking area for the specific needs of a particular use, the planning commission may, on a case-by-case basis, approve a site plan with lesser parking area required provided the following conditions are considered:

(1)

Said use provides only limited service to the general public.

(2)

The maximum number of employees and visitors during any working period can be demonstrated.

(3)

An agreement to provide additional parking is legibly stated on said site development plan if an increase in employees or visitors shall occur at a future time.

(4)

The parking area proposed accommodates one car for each stated employee or visitor plus ten percent more than such number.

(5)

Said site plan approval of lesser requirements shall be valid only for the stated use. An occupancy permit for a new use shall not be issued unless a new site plan is reviewed and approved.

(Ord. No. 227, § 5.130, 9-4-2001; Ord. No. 284, 9-13-2021)

Editor's note— Ord. No. 0256, adopted Nov. 2, 2009, repealed § 82-87, which pertained to sign regulations. Sign regulations have been redesignated to Ch. 14, Art. V. See the Code Comparative Table for complete derivation.

The following regulations shall control nonconforming uses and structures:

(1)

Continuance of nonconforming use or structure. The lawful use of any land or structure as such existed at the time of enactment of Ordinance No. 134 may be continued, although such use or structure does not conform with the provisions of this chapter. Structures or uses which are nonconforming by reason of height, yards or area, or parking and off-street loading provisions only, may be altered, remodeled or modernized, provided that no additional encroachment of the height, yard, area or parking provisions are occasioned thereby.

(2)

Change of use. The use of a nonconforming building may be changed to another nonconforming use if the board of appeals finds that such new use would markedly decrease the degree of nonconformance and would enhance the desirability of adjacent conforming uses. This shall not be construed to permit the conversion of a nonconforming use to a prior nonconforming use nor to waive the other provisions of this section.

(3)

Restoration and repairs. Such repairs and maintenance as are required to keep a nonconforming building or structure in a sound condition may be made. If the cost of reconstruction of a nonconforming building or structure which has been destroyed by fire, flood, windstorm or other calamity exceeds 75 percent of the value of the structure as determined by its assessed value as equalized, its reconstruction and subsequent use shall conform to the provisions of this chapter. A nonconforming building damaged to a lesser extent may be restored to its size at the time prior to such damage and its use resumed. Any such restoration must be started within a period of one year of the time of such damage and diligently pursued to completion within one year of the issuance of a building permit.

(4)

Extensions, enlargements, moving. A nonconforming use of any land or structure shall not hereafter be enlarged or extended unless such extension does not increase its nonconformity. No conforming building or structure shall be moved in whole or in part to another location unless such structure or use conforms to district regulations.

(5)

Nonconforming use discontinued. Where a nonconforming use has ceased for more than one year it shall not again be devoted to a nonconforming use except as provided in subsection (3) above. Where a nonconforming use has been changed to a permitted use it shall not again be devoted to a nonconforming use.

(6)

Plans already filed. In any case where plans and specifications for a building or structure have been filed which would conform with zoning regulations effective at the date of such filing but not with the regulations of this chapter, and where a building permit for such a building or structure has been issued and construction work started at the effective date of said change, such work may proceed provided it is diligently pursued to completion.

(7)

Nonconforming signs. All nonconforming signs shall be permitted to continue until such time as the sign structure, sign background or sign support is replaced, changed or strengthened. At such time the nonconforming sign shall be changed to a conforming sign or removed.

(Ord. No. 227, § 5.132, 9-4-2001)

State Law reference— Nonconforming uses and structures, MCL 125.583a.

(a)

Accessory uses. Only uses which comply with all of the following conditions may be operated as an accessory use:

(1)

Is operated and maintained under the same ownership and on the same zoning lot as the permitted use(s).

(b)

Accessory buildings, in general. An accessory building shall comply with all applicable setback, height, and lot coverage requirements set forth in this chapter and the zoning district in which the property on which it is constructed is located and the following standards and requirements:

(1)

Accessory buildings which are accessory to the principal permitted use of land may be erected if located in accordance with the yard requirements for the district in which they are located.

(2)

No accessory building is permitted on a lot on which there is no principal building.

(3)

Accessory buildings are prohibited in any front yard.

(4)

Accessory buildings may be located in the side yard setback provided that the location is not less than ten feet from the rear or side property line and not less than ten feet from any other principal or accessory building.

(5)

No buildings shall be constructed within ten feet of any existing building on the same or any adjoining lot.

(6)

A lot or parcel shall not be reduced to a size or configuration that would result in nonconforming accessory building square footage or setback violations.

(7)

No accessory building or structure shall include residential or living quarters for human beings. No bathing, showering or kitchen (stove, oven, dishwasher) facilities shall be permitted in accessory buildings. A toilet may be permitted and must be in compliance with the building code and plumbing code.

(8)

A limit of three accessory buildings or sheds (see below) or a combination thereof shall be allowed on a property.

(c)

Accessory building size limitations. In all zoning districts, the total combined floor space of the accessory building(s) is based in the parcel size and shall not exceed the following limits:

(d)

Yard and setback requirements for accessory buildings in residential zoning districts. When an accessory building is not structurally attached to a residence, it shall be located in the side or rear yard. The definition of "lot line, front" set forth in section 82-3 shall determine the "front yard."

(e)

Sheds. The following rules shall apply to "sheds" as defined in this chapter:

(1)

No shed shall be allowed on a lot that does not have a principal structure located on the lot.

(2)

A maximum of three sheds or accessory buildings or combination thereof will be allowed on a lot with a principal structure

(3)

Sheds shall be placed ten feet from any other structure.

(4)

The maximum size of a shed will be 200 square feet with a height of no more than 15 feet.

(5)

A shed may be erected without a building permit if it is under 200 square feet in size. Any shed over 200 square feet will be considered an accessory building (see accessory building guidelines, infrastructure).

(6)

A shed may be erected within five feet of the lot line, but must be placed in the side or rear yards. Section 82-3 of this chapter shall determine the "front yard."

(7)

The total combined number and size of accessory buildings and sheds shall not exceed that allowed in section 82-89(c) above.

(f)

Building and construction standards for all accessory buildings and sheds.

(1)

Type of construction.

a.

Accessory buildings and sheds shall be stick built, post framed, or steel panel material.

b.

Well-maintained canvas-and-frame structures are allowed, as well as carports made of steel. If in disrepair, covering must be replaced with material to look similar to the original.

c.

A lean-to may be added to an existing structure with required permitting.

d.

Commercially supplied temporary containers shall be allowed for temporary use on a property.

e.

Must meet standards of the 2018 Property Maintenance Code.

(2)

Items which shall not be used as sheds or accessory buildings. Packing, shipping or storage crates or containers, parts or all of a semi-trailer and similar converted structures do not constitute buildings or sheds and shall not be used as accessory structures or sheds.

(Ord. No. 227, § 5.133, 9-4-2001; Ord. No. 298, § 2, 2-5-2024)

Hereafter every commercial or industrial use occupying land immediately adjacent to a residential district shall have a screening area separating the said commercial or industrial use from adjoining residential districts. The screen shall be in the form of either a wall, fence, or evergreen planting which is compact and maintained in good condition at all times. The height of the screen shall not be less than five feet, except where the screen would interfere with traffic safety, in which case it may be reduced to, but not less than, three feet in height.

(Ord. No. 227, § 5.134, 9-4-2001)

Any building constructed on a lot abutting a stream or river shall be set back at least 100 feet from the high-water line, except:

(1)

Those buildings in existence at the time of passage of Ordinance No. 134.

(2)

Where the majority of the property abutting said water line within 500 feet of a vacant lot has been built upon at the time of passing of Ordinance No. 134, the setback of any building hereafter erected on said vacant lot shall not be required to be greater than, nor shall it be less than, the average setback of the improved properties.

(3)

One story boat houses used exclusively for boating and bathing facilities may be constructed at the high-water shore line, but not over the water, provided that docks, together with temporary boat shelters which are dismantled during the winter months, may be constructed out into the water beyond the said high-water shore line not more than ten feet from said shore line.

In the event of a controversy concerning the location of the high-water shoreline for the purposes herein set forth, the determination of the board of appeals established under the statute and this chapter shall be conclusive on such questions.

(Ord. No. 227, § 5.135, 9-4-2001)

Special exception uses shall refer to such uses as require permission by the zoning board of appeals. On application, supplementing an application for zoning compliance permit, the zoning board of appeals may grant a permit for such uses as are specified under article III, zoning districts, as special exception uses. In granting such permit, the board shall specify appropriate conditions and safeguards. The zoning board of appeals, in arriving at this decision relative to any application for a special exception uses, shall apply the following general standards:

(1)

The proposed use or uses shall be of such location, size and character as to be in harmony with the appropriate and orderly development of the zoning district in which situated and shall not be detrimental to the orderly development of adjacent zoning districts.

(2)

The location and site of the proposed use or uses, the nature and intensity of the principal use and all accessory uses, the site layout and its relation to streets giving access to it, shall be such that traffic to and from the use or uses, and the assembly of persons in connection therewith, will not be hazardous or inconvenient to the neighborhood nor unduly conflict with the normal traffic of the neighborhood. In applying this standard the zoning board of appeals shall consider among other things: convenient routes for pedestrian traffic, particularly of children; the relationship of the proposed use to main traffic thoroughfares and to streets and road intersections; and, the general character and intensity of the existing and potential development of the neighborhood. The board shall determine that the proposed use will not have a detrimental effect upon the neighboring property or the neighboring area in general not impair the value of neighboring property.

(3)

Unless a variance is granted, the standards of density and required open spaces for the proposed use shall be at least equal to those required by this chapter in the zoning district in which the proposed use is to be located. After granting a special exception, the board shall have the power to grant variances as provided herein.

(4)

In addition to compliance with the general standards for approval, the zoning board of appeals may require that specific conditions be met that will allow the special exception use to become more compatible with abutting land use. The special exception uses are listed and shall adhere to the specific conditions applied to that use as well as any other conditions imposed by the zoning board of appeals in their approval. The zoning board of appeals may also interpret the ordinance and establish conditions for a use where the proposed use is not specifically listed or where specific conditions have not been imposed.

(Ord. No. 227, § 5.136, 9-4-2001)

State Law reference— Special land uses, MCL 125.584a, 125.584c.

In addition to the general standards outlined under section 82-92 and the parking and sign regulations within this article, there shall be additional specific conditions required for the following list of special exception uses:

(1)

Junk yards. In addition to and as an integral part of development, the following provisions shall apply:

a.

Junk yards shall be established and maintained in accordance with applicable state statutes.

b.

It is recognized by this chapter that the location in the open of such materials included in this chapter's definition of "junk yard" will cause the reduction of the value of adjoining property. To the end that the character of the district shall be maintained and property values conserved, an opaque fence or wall at least seven feet in height, and not less in height than the materials located on the lot on which a junk yard shall be operated, shall be located on said lot no closer to the lot lines than the yard requirements for buildings permitted in this district. All gates, doors and access ways through said fence or wall shall be of solid, unpierced material. In no event shall any materials included in this chapter's definition of "junk yard" be located on the lot on which a junk yard shall be operated in the area between the lines of said lot and the opaque fence or wall located on said lot. In addition to the foregoing requirements, the zoning board of appeals may require a greenbelt in accordance with those provisions.

c.

All traffic ingress or egress shall be on major streets, and there shall be not more than one entrance way to the lot on which a junk yard shall be operated from each public road on which said lot abuts.

d.

On the lot on which a junk yard shall be operated, all roads, driveways, parking lots, and loading and unloading areas within any yard shall be paved, or chemically treated so as to limit on adjoining lots and public roads the nuisance caused by windborne dust.

(2)

Gasoline service, convenience store, laundry and dry cleaning establishments. Gasoline service, convenience store, laundry and dry cleaning establishments shall conform at least to the following regulations. Where the site development regulations for any district in which such use is located are more restrictive than the regulations contained herein, all gasoline service, convenience stores or similar uses shall conform to the more restrictive dimensional requirements.

a.

Construction standards. All vehicle service areas shall be constructed to conform to the following standards:

i.

Suitable separation shall be made between the pedestrian sidewalk and vehicular parking or moving area with the use of appropriate bumper, wheel guards or traffic islands. Where the portion of the property used or vehicular traffic abuts a street, said portion shall be separated from the street line by a curb at least six inches high.

ii.

The entire area used for vehicle service shall be paved, with any unpaved area landscaped and protected from vehicle use by a low barrier or curb.

iii.

Hydraulic hoist, lubricating, greasing, automobile body repair and painting, washing, and repair equipment shall be entirely within a building.

iv.

The maximum widths of all driveways at the sidewalk shall be no more than 30 feet.

v.

Minimum angle of driveway intersection with the street from the curb line to lot line shall be no less than 60 degrees.

vi.

The minimum distance between curb cuts shall be no less than 40 feet.

b.

Lighting. All lighting shall be accomplished in a manner such that no illumination source causes nuisance to adjacent properties.

(3)

Churches, private schools or other nonprofit facilities. Churches, private schools or other nonprofit facilities shall conform at least to the following regulations:

a.

Parking areas shall be screened from any adjacent residence through the installation of an opaque fence of at least six feet in height or a natural landscape screen of equal density and height.

b.

Lighting shall be directed away from adjacent residences and clearly shown on a required site plan.

c.

The approval may be conditioned on the use of such facilities and the hours of operation. Changes or alterations in the use of such facilities may require a rehearing on the permit and the assignment of additional conditions.

(4)

Private recreational facilities. Private recreational facilities including golf courses, athletic fields or similar uses that retain open space for active or passive recreation shall at least conform to the following regulations:

a.

Where abutting a residential zone or use, buildings or structures and parking areas shall be screened by natural plantings or fencing, or a combination of such unless located more than 50 feet from the residential property line or district boundary.

b.

Lighting shall be directed away from adjacent residences.

(5)

Planned unit developments. Planned unit developments are allowed only within residential districts and shall at least conform to the provisions for special uses and the conditions for PUD approval under article VII.

(6)

Shopping centers. Shopping centers are allowed only within the C-1 District and shall at least comply with the following provisions:

a.

Uses permitted. Any use permitted in the C-1 and C-2 Districts, subject to the following:

i.

Temporary exhibitions and special civic events, provided that they shall be conducted in spaces designed for such purposes, and that they shall not be operated for profit.

ii.

Recreational facilities incidental to the principal operation of the center and operation of the center and of the nature normally out-of-doors, provided that there shall be no admission charge for such activities.

b.

Site development.

i.

Such development shall occupy a site of not less than five acres with a minimum street frontage of 1,000 feet.

ii.

No building shall be located nearer to any property line of the center than a distance equal to twice the height of said building, provided that no building shall be located nearer to any street or highway right-of-way line than 50 feet.

c.

Screening and transition. Where such development is located in or adjacent to a Residential District, or when located adjacent to a school, hospital, church or other public institution, open space or a landscaped strip of land not less than 100 feet in width shall be provided and maintained on those sides of the site with the listed uses. This strip shall serve as a transition between the shopping center and adjacent properties, and no part of which shall be utilized for any functions of the shopping center. Such landscape strip shall be occupied by plant materials and/or approved fences or masonry wall not exceeding six feet in height. The plans and specifications for the development shall include the proposed design of said transition strip.

d.

Lighting. All lighting shall be accomplished in a manner such that no illumination source causes a nuisance to adjacent properties.

e.

Signs. All signs shall conform to the provisions of section 82-87.

f.

Vehicular approach. Driveways and approaches shall be so designed and located as to create minimum interference with traffic on the surrounding public streets. No more than two driveways each not to exceed 30 feet in width at the property line shall be permitted on each street frontage of the property. Such access shall be provided from major streets and highways which are fully capable of accommodating the maximum traffic anticipated to be generated by the center without undue interference with through traffic on such streets or highways. Driveways shall be located as far from street intersections as practicable, but in no case less than 100 feet.

g.

Parking and circulation.

i.

There shall be provided no less than four square feet of parking and circulation space for every one square foot of leaseable floor area within the center. Specific standards for such uses are listed within section 82-87.

ii.

Any individual parking space in the center shall be accessible by clearly demarcated pedestrian walks from the shopping area, which shall not intersect a vehicular way more than once.

iii.

Automobile and truck service traffic shall be separate from one another to the fullest possible extent.

iv.

On-site circulation facilities shall be designed so that there shall be no backing of traffic into public streets.

v.

All areas accessible to vehicles shall be paved and maintained so as to provide a smooth, dustless and well-drained surface.

vi.

Parking areas shall be lighted for those hours of darkness during which establishments within the center are open for business.

(7)

Residential care facilities. Residential care facilities include family care homes, group care homes, limited residential care facilities and full residential care facilities (See Definition). Beyond the requirements established for each type of facility by definition, the use shall at least comply with the following:

a.

Group care homes are established as special exception uses in the R-2, R-3 and R-4 Districts. Limited residential care facilities are established as a special exception use in the R-4 District and as a permitted use in the C-1 District, subject to these same regulations. Full residential care homes are established as a special exception use in the C-1 District.

b.

The intent of this chapter is to regulate a wide range of such facilities, both licensed and unlicensed, through incorporation into those districts deemed most compatible based upon density of residents and the need for outside employment assistance. The following conditions shall apply for such uses:

i.

Where abutting a residence, such use should establish screening where such site development varies from compatibility within the residential setting. This shall include parking areas, trash receptacles or other amenities expanded from the traditional residential use.

ii.

Lighting of the site shall be contained on site or controlled in order to reduce or mitigate any negative impacts from adjacent properties.

c.

Sign regulations shall be subject to the district in which the use is located.

d.

The use shall be subject to any state or federal regulations, with failure to comply subject to revocation of the special use permit.

(8)

Essential services and associated buildings. Essential services and their associated buildings shall be allowed in all districts subject to approval of a special use permit and submission of a site plan in order for the city to maintain an accurate record of such services in the community. No building shall be used for residential purposes. Approval may require a security fence, an opaque fence or landscape screening when deemed necessary to enhance compatibility with such use in a given zoning district.

(9)

Agri-business. Agri-business shall only be permitted as a special exception use in the I-1 Industrial District subject to the following:

a.

An Agri-Business shall be defined as and include buildings, structures, lots, parcels or parts thereof which provide services, goods, storage, transportation or other activities directly related to the production or distribution of agricultural commodities more consistent with an industrial use.

b.

The application for a special exception use shall state specifically the scope of the intended use, identifying through a detailed sketch plan the location of access, storage and production facilities and relationship to agricultural operations.

(10)

Home occupations. Home occupations include customary occupations such as hairdressing, millinery, dressmaking, bookkeeping and accounting services, real estate and insurance sales, professional offices for not more than one physician, surgeon, dentist, attorney, architect, engineer, or similar professional practitioner provided that such home occupation shall satisfy the following conditions:

a.

That such home occupation is incidental to the residential use to the extent that no more than 20 percent of the usable floor area of the principal building, and 50 percent of the floor area of an accessory building shall be occupied by such occupation.

b.

That no article or service is sold or offered for sale on the premises except those produced by such occupation.

c.

That such occupation shall not require internal or external alterations or construction features or equipment not customarily located in residential areas.

d.

That there is no more than one employee other than residents of the home.

(11)

Temporary offices. Temporary building or trailer offices shall be permitted in all districts provided the lot area is sufficient to meet setback requirements for both the temporary building as well as the principal building under construction. In addition, the following regulations shall apply:

a.

The permit shall be limited to a period of no more than one year, with reapplication required for an extension beyond that time period.

b.

The building or office shall be connected to a public water and wastewater system unless the extension of such systems is occurring at the same time as the construction.

c.

The applicant for a temporary building or office shall have received the necessary local approvals, including site plan review and approval, prior to placement of the temporary building on site.

(12)

Telecommunications towers. Telecommunications towers shall be permitted as a special exception use in the I-1 District only subject to the following:

a.

Purpose. Regulation of commercial wireless communication service towers is necessary to protect the public health, safety and welfare while meeting the communications needs of the public. The intent of this chapter is to minimize adverse visual effects of towers, avoid damage to adjacent properties while adequately serving the community.

b.

General standards. All towers shall be subject to the following general standards for approval:

i.

In order to contain falling ice or debris from tower failure on site, and to minimize conflict with adjacent properties, the base of a freestanding (lattice or monopole) or guy-wired (lattice) tower shall be set back 110% of the height of the tower from any property line or road right-of-way as measured from the tower base.

ii.

For leased sites, a legally described parcel shall be established which provides suitable location and size to meet the requirements of this chapter.

iii.

The maximum tower height shall be 250 feet as measured from the ground elevation.

iv.

The tower base shall be enclosed by a security fence, consisting of a six foot tall chain link fence topped with three strands of barbed wire or an eight foot tall chain link fence. All towers shall be equipped with an anticlimbing device.

v.

A six-foot tall landscape screen is required to screen around the exterior perimeter of the fenced area.

c.

Guy wires. The use of guy wires is strictly prohibited unless required for safety purposes. Approval shall be based upon the wire anchors for guyed towers being set back 75 feet from all property lines, that they be located on the same parcel as the tower and that these provisions are subject to approval of the site plan.

d.

Lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. If lighting is required, a dual lighting system shall be employed to minimize the impact at night.

e.

Signs. The use of any portion of a tower for signs other than warning or equipment information is prohibited.

f.

Application requirements. Application must be made for a building permit, and the following information must be submitted:

i.

A site plan of the proposed tower location showing all existing and proposed features of the site. This shall identify all buildings which are on the subject property as well as any buildings and residences on all properties within 330 feet of the tower base. The site plan shall also identify the location of the maintenance buildings, which are to be located within the secured fence area, including the pads needed to support such facilities for any future carrier needs. The site plan shall also indicate the height of the proposed tower above grade, and any other improvements.

ii.

Documentation of the purpose of the tower, the number and type of joint users to be served at this site, Federal Aviation Administration approval and an engineer's certification of structural and electrical safety. The city may request that any information that is submitted be certified by a licensed professional engineer.

iii.

A description of the appearance and color of the tower, with the intent to camouflage the tower to an extent possible to reduce the visual impacts of the tower.

g.

Location/separation requirements. All commercial wireless telecommunications towers erected, constructed or located shall comply with the following requirements:

i.

A new commercial wireless telecommunications tower shall not be approved unless the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or similar building within the city. The applicant must provide information related to their investigation of the potential for collocation on all other towers (or alternative mounting structures) within the city and within a one-mile area surrounding the city. This provision may be waived should the applicant produce and justify data related to the tower's or building's structural inadequacy, negative impact from other communications devices or services, insufficient height or other verifiable reason.

ii.

Any proposed commercial wireless telecommunications service tower shall be designed to accommodate both the applicant's equipment and that of at least two other users. Any developer of a tower site must have a firm commitment (lease agreement) from the property owner and from at least one carrier to locate on the tower at the time of the application.

h.

Abandonment or unused towers or portions of towers. Abandoned or unused towers or portions of towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the zoning board of appeals. A copy of the relevant documents (including the signed lease, deed or land contract restrictions) which requires the applicant to remove the tower and associated facilities upon cessation of the operations shall be submitted at the time of application. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities shall be removed by the city and the costs of removal assessed against the real property. The city clerk shall be notified of any change in the status of the tower, including a change in ownership, terms of the lease or removal of a carrier collocating on that tower.

i.

Location. Antennas or towers may be located on property owned, leased, or otherwise controlled by the city within any zoning district provided a license or lease authorizing such antenna or tower has been approved by the city.

(13)

Adult entertainment uses. Adult entertainment uses shall only be permitted as a special exception use in the I-1 Industrial District and subject to the following regulations:

a.

Purpose. Regulation of adult entertainment uses is directed at protection of the health, safety and welfare of residents through the establishment of conditions by which such use may be approved. The intent is to minimize the negative impacts of such use, including potential blight and possible nuisance activity associated with such adult uses. It is not the intent of this chapter to regulate the content of materials associated with the use, rather the separation of incompatible uses that may result in loss of property value.

b.

Uses deemed incompatible. Adult entertainment uses are deemed to be incompatible with uses permitted within the residential and commercial districts and the site development regulations provide for increased setback and lot area in the I-1 District to further reduce such incompatibility.

c.

Uses defined. Such uses defined are not intended to be an exclusive list of adult entertainment. Any such use required to be licensed or inspected shall be included within this definition of adult entertainment even if not specifically listed under this subsection:

Adult booth, arcade, motion picture or mini-motion picture theater or similar use that presents material which displays images emphasizing matter depicting or describing "Specified Sexual Activities" or "Specified Anatomical Areas" as defined. Such uses shall be within an enclosed building or enclosed room within the building and shall not be viewed or displayed immediately upon entering said building or room.

Adult book store, adult novelty store or adult video store or similar use which offers for rent or sale material which displays images emphasizing matter depicting or describing "Specified Sexual Activities" or "Specified Anatomical Areas" as defined. Such stores that limit the concentration of such material to an "adult only" section, encompassing less than 25 percent of the usable floor area and less than 25 percent of the gross receipts from sales or rentals, shall not be considered under this definition or regulated as "adult entertainment."

Adult cabaret, nightclub, theater or similar establishment which features live performances by dancers (topless, go-go or exotic as examples), strippers or similar entertainers, where the performers feature live display of "specified anatomical areas" or describe "specified sexual activities."

Adult motel or adult lodging establishment or similar use that provides materials for sale or rent, including in-room videos, which displays images emphasizing matter depicting or describing "specified sexual activities" or "specified anatomical areas". Such facilities shall clearly advertise the availability of such adult entertainment.

Adult personal service or physical culture business or similar uses including massage parlors, health spas, saunas or steam baths where the person providing the service is nude or partially nude as defined as having attire which reveals "specified anatomical areas."

Specified anatomical areas are areas of the body, less than completely or opaquely covered, including human genitals, the pubic region, buttock or female breast area below a point immediately above the top of the areola. This definition shall also include human male genitals in a discernibly turgid state even if completely and opaquely covered.

Specified sexual activities include human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse, sodomy or fondling or other erotic touching of human genitals, the pubic region, buttock or female breast.

d.

Conditions. In order to reduce or mitigate the incompatibility of such uses with surrounding uses, the following conditions shall apply for adult entertainment:

i.

All such facilities shall meet any state licensing requirements, fire regulations or other state or local requirements for operation.

ii.

All such facilities shall provide for separate male and female restrooms and such restrooms shall be free to the public.

iii.

The entrance to such facilities shall be clearly posted "For Adults Only" and anyone entering the facility shall be asked for permanent identification to determine that no person under the age of 18 is allowed.

iv.

Signage shall adhere to the sign regulations and no advertisement shall be visible from the exterior of the facility related to the display or description of materials defined as "specified sexual activities" or specified anatomical areas" or any language considered slang providing for the same description.

v.

A site plan shall be submitted which meets the standards for site plan review, including landscaping and lighting that will decrease the incompatibility with surrounding uses. The site plan shall also indicate any existing uses, buildings or structures within 500 feet of the property.

vi.

The site for such adult entertainment use shall not be located within 500 feet of any community facilities, including churches, schools or other public buildings.

vii.

The site for such adult entertainment use shall not be located within 300 feet of any residence or from a residential zoning district.

viii.

The site for such adult entertainment use shall not be located within 1,000 feet of any other adult entertainment use as defined in this chapter.

ix.

Parking areas shall be well lit and no loitering or congregation of patrons outside of the facility shall be allowed by the proprietor of the business.

e.

Exempt uses. Any use that is licensed or certified for purposes of other professional service, including barbers or beauticians, massage or physical therapists, athletic trainers or other professions where bodily contact is anticipated as part of the service, shall be exempt from these provisions so long as the use does not extend to providing services similar to those identified under this section.

(14)

Lumber yards, contractor's establishments, etc. Lumber yards, contractor's establishments, storage facilities or similar uses with outdoor storage of materials and equipment subject to the following regulations and conditions:

a.

The entire site perimeter shall be secured with a fence at least six feet in height. Where the site abuts a residential zone, there shall be screening through use of an opaque fence or a combination of landscaping and a chain link fence where the landscaping is placed around the perimeter of the site.

b.

Drive aisles and parking areas shall be paved and properly drained, with storm water managed on site. There shall be no outside storage permitted in the front yard.

c.

Adequate lighting shall be installed in a manner to provide for required security, with no stray illumination onto any adjoining properties. No use of storage facilities shall be allowed for retail purposes.

(15)

Bed and breakfast inn. Bed and breakfast inn subject to the following regulations and conditions:

a.

There shall be a minimum of two parking spaces for the owner occupants, one space for each nonresident employee per shift and one space per guest room.

b.

There shall be alighted entry for the residence and any guest room that is accessed directly from the exterior of the residence.

c.

There shall be no more than one sign advertising the Inn, with such sign no more than six square feet in area and attached to an exterior wall or, if a free standing sign, placed no closer than one-half the required yard setback.

(16)

Hotel or motel. Hotel or motel subject to the following regulations and conditions:

a.

Where such use abuts a single-family or two-family residence, a greenbelt buffer shall be established that includes an opaque fence of at least six feet in height.

b.

In addition to the required one parking space per unit, there shall be one space for each employee per shift and at least two spaces adjacent to the (registration) entry identified for temporary parking.

(Ord. No. 227, § 5.137, 9-4-2001)

State Law reference— Special land uses, MCL 125.584a, 125.584c.