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Garden City City Zoning Code

SITE DEVELOPMENT

STANDARDS APPLICABLE TO SPECIFIC USES

§ 154.135 INTENT AND SCOPE.

   Each use listed in this subchapter, whether permitted by right or subject to approval as a special land use, shall be subject to the site development standards specified, in addition to applicable standards and requirements for the district in which the use is located. These standards are intended to alleviate the impact from a use that is of an area, intensity or type, or that possesses characteristics that are unique or atypical for the district in which the use is allowed. These standards are intended to assure that the uses will be compatible with surrounding land uses and insure the orderly development of the district. Conformance with these standards shall be subject to site plan review. Unless otherwise specified, each use listed in this subchapter shall be subject to all applicable yard, bulk and other standards for the district in which the use is located.
(Ord. 92-005, passed 2-17-92)

§ 154.136 AUTOMOBILE OR VEHICLE SALES.

   Automobile and/or vehicle sales operations with repair facilities or outdoor sales space shall be subject to the requirements that follow. These requirements shall apply to any operation involving the sale, lease or rental of new or used vehicles, house trailers, recreational vehicles, trucks, and other vehicles.
   (A)   Grading, surfacing, and drainage. Outdoor sales lots, parking areas, and other vehicle maneuvering areas shall be hard-surfaced with concrete or bituminous material, and shall be graded and drained so as to effectively dispose of or retain. surface waters. Grading, surfacing, and drainage plans shall be subject to review and approval by the Director of the City DPS and/or City Engineer.
   (B)   Driveway location. The nearest edge of any driveway serving an outdoor vehicle sales area shall be located at least 60 feet from any street or road intersection, as measured from the nearest intersection right-of-way line.
   (C)   Servicing of vehicles. All servicing of vehicles shall be subject to the following requirements.
      (1)   Service activities shall be clearly incidental to the vehicle sales operation.
      (2)   Vehicle service activities shall occur within a completely enclosed building.
      (3)   Partially dismantled vehicles, damaged vehicles, new and used parts, and discarded parts shall be stored within a completely enclosed building.
      (4)   Buildings containing the service operations shall be located a minimum of 50 feet from any abutting residential property line.
      (5)   There shall be no external evidence of the service operations, in the form of dust, odors, or noise, beyond the interior of the service building.
      (6)   Buildings should be oriented so that open bays, particularly for self-serve automobile washes, do not face onto adjacent thoroughfares unless screened by an adjoining lot, building or obscuring wall per §§ 154.100 and 154.101.
   (D)   Broadcasting devices prohibited. Devices for the outdoor broadcasting of voice, telephone monitoring, music or any other amplified sound shall be prohibited outside of any building.
   (E)   Setbacks. Outdoor sales lots, parking areas, and other vehicle maneuvering areas shall comply with the requirements for parking lots, as specified in § 154.066(A).
   (F)   Minimum lot area. The minimum lot area required for such uses shall be two acres.
(Ord. 92-005, passed 2-17-92; Am. Ord. 08-004, passed 11-5-07) Penalty, see § 154.999

§ 154.137 AUTOMOBILE REPAIR AND FILLING STATIONS.

   The following regulations shall apply to automobile filling stations and automobile or vehicle service stations, including tire, battery, muffler and undercoating shops.
   (A)   Minimum lot area. The minimum lot area required for such uses shall be 20,000 square feet.
   (B)   Minimum lot width. The minimum lot width required for such uses shall be 150 feet.
   (C)   Minimum setbacks. Repair garages or other buildings shall comply with the setback requirements for the district in which the use is located. However, a minimum setback of 40 feet shall be maintained on all sides that abut property that is zoned or used for residential purposes. Pump islands and canopies shall comply with the following requirements
 
Minimum Setback From Right-of-Way Line
Nearest edge of pump island
25 feet
Nearest edge of unenclosed canopy
20 feet
   (D)   Ingress and egress. Ingress and egress drives shall be a minimum of 31 feet and a maximum of 40 feet in width. No more than one drive or curb opening shall be permitted for every 75 feet of frontage (or fraction thereof) along any street. The nearest edge of any such drive shall be located at least 25 feet from the nearest point of any property zoned or used for residential purposes. Curb openings for drives shall not be permitted where the drive would create a safety hazard or traffic nuisance because of its location in relation to other ingress and egress drives, its location in relation to the traffic generated by other buildings or uses or location near a vehicular or pedestrian entrances or crossings.
   (E)   Curbs. A curb of at least six inches in height shall be installed to prevent vehicles from being driven onto or parked with any part of the vehicle extending within two feet of abutting landscaped areas, sidewalks, streets, buildings, or adjoining property.
   (F)   Layout. All lubrication equipment, automobile wash equipment, hoists, and pits shall be enclosed entirely within a building. Gasoline pumps shall be located so that motor vehicles do not park on or extend over abutting landscaped areas, sidewalks, streets, buildings, or adjoining property while being served. Adequate vehicle parking and stacking spaces shall be provided as required in §§ 154.065 through 154.070.
   (G)   Orientation of open bays. Buildings should be oriented so that open service bays do not face onto adjacent major thoroughfares or arterial roads unless screened by an adjoining lot, building, or obscuring wall per §§ 154.100 and 154.101.
   (H)   Outside storage. Inoperable, wrecked or partially dismantled vehicles shall not be stored or parked outside for a period exceeding 48 hours, provided the vehicles are stored in the rear yard within a masonry screening wall that is not less than six feet in height.
   (I)   Vehicle sales and storage. The storage, sale, or rental of new or used cars, trucks, trailers, and any other vehicles on the premises is prohibited except in conformance with this chapter.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.138 CAR WASH ESTABLISHMENTS.

   The following regulations shall apply to automobile wash or car wash establishments.
   (A)   Minimum lot area. The minimum lot area required for automobile or car wash establishment shall be 10,000 square feet.
   (B)   Layout. All washing activities shall be carried on within a fully enclosed building. Vacuum activities shall be permitted in the rear yard only, provided the activities are located at least 25 feet from adjacent residentially zoned or used property. Entrances and exists shall not face abutting residentially zoned or used property. Adequate vehicle parking and stacking spaces shall be provided as required in §§ 154.065 through 154.070.
   (C)   Entrances and exits. Sufficient space shall be provided on the lot so that vehicles do not enter or exit the wash building directly from an adjacent street or alley. All maneuvering areas, stacking lanes, and exit aprons shall be located within the car wash property. Streets and alleys shall not be used for maneuvering or parking by vehicles to be serviced by the automobile wash.
   (D)   Orientation of open bays. Buildings should be oriented so that open bays, particularly for self- serve automobile washes, do not face onto adjacent thoroughfares unless screened by an adjoining lot, building or obscuring wall per §§ 154.100 and 154.101.
   (E)   Exit lane drainage. Exit lanes shall be sloped to drain water back to the wash building to drainage gates.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.139 DRIVE-IN ESTABLISHMENTS.

   (A)   Setbacks. Buildings or other structures used for the purpose of a drive-in establishment shall be set back a minimum of 60 feet from any street right-of-way line.
   (B)   Location of driveways. Driveways serving drive-in establishments shall provide direct access from a major thoroughfare or arterial road. The nearest edge of any entrance or exit drive shall be located no closer than 25 feet from any street or road intersection, as measured from the nearest intersection right-of-way line.
   (C)   Screening. An obscuring wall shall be provided along all property lines abutting property that is zoned for residential, commercial, or office use, subject to the requirements in §§ 154.100 and 154.101.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.140 FAST-FOOD/DRIVE-THROUGH RESTAURANTS.

   The following regulations shall apply to fast-food and drive-through restaurants.
   (A)   Minimum frontage. The site shall have a minimum of 150 feet of frontage on a major thoroughfare.
   (B)   Location of driveways. Ingress and egress points shall be located no closer than 25 feet from the intersection of any two streets, as measured from the nearest right-of-way line. Points of vehicular ingress and egress shall be limited to the thoroughfare having business-zoned frontage only. The minimum distance between driveways providing off-site ingress or egress shall be at least 65 feet measured from the two closest driveway curbs.
   (C)   Screening. An obscuring wall shall be provided along all property lines abutting property that is zoned for residential, commercial, or office use, subject to the requirements in §§ 154.100 and 154.101.
   (D)   Control of sound level. Devices for the transmission of voices shall be so directed or muffled as to prevent sound from being audible beyond the boundaries of the site.
   (E)   Stacking spaces. A restaurant with a drive-through window shall provide stacking spaces for each drive-through window, as required in the Schedule of Off-Street Parking, § 154.067(I).
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.141 FUNERAL HOMES.

   The following regulations shall apply to funeral homes and mortuaries.
   (A)   Assembly area. An adequate assembly area shall be provided off-street for vehicles to be used in funeral processions. All maneuvering areas and exit aprons shall be located within the site. Streets and alleys shall not be used for maneuvering or parking of vehicles.
   (B)   Screening. The service and loading area shall be obscured from adjacent residential areas in accordance with §§ 154.100 and 154.101.
   (C)   Caretaker’s residence. A caretaker's residence may be provided within the main building of the funeral home or as an approved accessory building on the site, subject to the provisions of this chapter.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.142 CHILD CARE CENTERS.

   The following regulations shall apply to Group Day Care Homes, Child Care Centers, Nursery schools, Day Nurseries, and Pre-Schools.
   (A)   Licensing. In accordance with applicable state laws, all child care facilities shall be registered with or licensed by the Department of Social Services and shall comply with the minimum standards outlined for those facilities.
   (B)   Outdoor play area. A minimum of 150 square feet of outdoor play area shall be provided, and maintained per child, provided that the overall area of the play area shall not be less than 5,000 square feet. The outdoor play area shall be suitably fenced and screened from abutting residentially zoned or used land by a greenbelt, which shall be landscaped in accordance with §§ 154.080 through 154.086.
   (C)   Frontage. Child care centers shall front onto a thoroughfare or collector road that is constructed to city standards.
   (D)   Setbacks. Child care centers shall have a minimum side yard setback of at least 25 feet.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.143 HOSPITALS.

   The following regulations shall apply to hospitals.
   (A)   Lot area. The minimum lot area for a hospital site shall be ten acres.
   (B)   Frontage and access. Hospitals shall front onto a major thoroughfare and the main means of access to the hospital for patients, visitors, and employees shall be via the thoroughfare. Secondary access to a hospital site may be off of a residential street.
   (C)   Setbacks. The principal building and all accessory buildings shall be set back a minimum distance of 50 feet from any property line. The Planning Commission may allow the placement of an eight-foot high obscuring masonry wall at the property line in lieu of the setback requirement.
   (D)   Screening. Ambulance, emergency entrance areas and loading areas shall be effectively screened from view from all adjacent residential uses by the building design, landscaping, or a masonry wall.
   (E)   State and federal regulations. Hospitals shall be constructed, maintained, and operated in conformance with applicable state and federal laws, including provisions of the Michigan Hospital Survey and Construction Act, Public Act 299 of 1947, as amended, being M.C.L.A. 331.501 et seq.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.144 JUNK YARDS.

   The following regulations shall apply to junk yards.
   (A)   Minimum lot area. The minimum lot area for a junk yard shall be five acres.
   (B)   Location. A parcel of land used for a junk yard shall abut only nonresidential or noncommercial land uses or zoning districts.
   (C)   Setbacks. A minimum setback of 100 feet shall be maintained between the front property line and the portion of the lot on which junk materials are placed or stored. All buildings, fencing, and junk materials shall be set back at least 100 feet from any road or highway right-of-way line, and at least 300 feet from any property line that abuts a residentially zoned or used district.
   (D)   Screening. The entire junk yard site shall be screened with an eight-foot obscuring masonry wall, constructed in accordance with §§ 154.100 and 154.101. The wall shall be uniformly painted and maintained in neat appearance, and shall not have any signs or symbols painted on it.
   (E)   Surfacing. All roads, driveways, parking lots, and loading and unloading areas shall be paved and provide adequate drainage.
   (F)   Regulated activities. All fluids shall be drained from vehicles and disposed of in a proper manner prior to the vehicles being stored on the site.
   (G)   Permits. All required city, county, and state permits shall be obtained prior to establishing a junkyard.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.145 KENNELS.

   The following regulations shall apply to kennels.
   (A)   Private kennels. Private kennels to house only the animals owned by the occupant of the dwelling unit shall be permitted subject to the following.
      (1)   The lot on which any private kennel is located shall have a minimum lot area of 19,000 square feet.
      (2)   No more than six animals over the age of six months shall be housed in a private kennel.
      (3)   Buildings in which animals are kept, animal runs, and exercise areas shall not be 1ocated in any required front, side, or rear yard setback area, and shall be located at least 100 feet from any dwellings or buildings used by the public on adjacent property.
   (B)   Commercial kennels. Commercial kennels shall be subject to the following standards.
      (1)   Any commercial kennel shall be subject to all permit and operational requirements established by county and state regulatory agencies.
      (2)   The lot on which any commercial kennel is located shall have a minimum lot area of one acre. If more than four animals are housed in an outdoor kennel, an additional one acre shall be required for every additional ten animals (or fraction thereof).
      (3)   Buildings in which animals are kept, animal runs, and exercise areas shall not be located in any required front, side, or rear yard setback area, and shall be located at least 100 feet from any dwellings or buildings used by the public on adjacent property.
(Ord. 92-005, passed 2-17-92; Am. Ord. 13-004, passed 5-20-13) Penalty, see § 154.999

§ 154.146 MINI-WAREHOUSES.

   The following regulations shall apply to mini-warehouses.
   (A)   Lot area. The minimum lot area for mini-warehouses shall be two acres.
   (B)   Permitted use. Mini-warehouse establishments shall provide for storage only. All storage must be completely contained within an enclosed building.
   (C)   Site enclosure. The entire site, exclusive of access drives, shall be enclosed with a six-foot high masonry wall, constructed in accordance with §§ 154.100 and 154.101. A six-foot chain link fence may be permitted along property lines that do not abut a residentially-zoned district or residential use.
   (D)   Orientation of open bays. Buildings must be oriented so that open service bays do not face adjacent major thoroughfares or arterial roads unless screened by an adjoining lot, building, or obscuring wall in compliance with §§ 154.100 and 154.101.
   (E)   Exterior appearance. The exterior of any mini-warehouse shall be of finished quality and design, compatible with the design of structures on surrounding property.
   (F)   Resident manager. A resident manager may be permitted on-site with the responsibility of maintaining the operation of the facility in conformance with the conditions of the approval. The manager's residence shall conform with the provision of this chapter.
   (G)   On-site circulation and parking.  
      (1)   All one-way driveways shall be designed with one 10-foot wide loading/unloading lane and one 15-foot travel lane.
      (2)   All two-way driveways shall be designed with one 10-foot wide loading/unloading lane and two 12-foot travel lanes.
      (3)   The parking lanes may be eliminated if the driveway does not serve storage units. Signs and painted lines shall be used to indicate parking and traffic direction throughout the site.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.147 MOTELS AND HOTELS.

   The following regulations shall apply to motels or hotels.
   (A)   Lot area. The minimum lot area for a motel or hotel shall be three acres.
   (B)   Accessory facilities. A motel or hotel must include at least one of the following amenities.
      (1)   An attached dining room with seating capacity for at least 20 occupants at the same time, serviced by a full service kitchen.
      (2)   An unattached standard restaurant, as defined in § 154.005, with a seating capacity for not less than 50 occupants, located on the same site as the motel or on a site contiguous with the motel and developed simultaneously or in advance of the motel site.
   (C)   Design. Each unit available for rental within a motel or hotel shall contain a bath and at least one bedroom and encompass a minimum gross floor area of 350 square feet.
   (D)   Service. A motel or hotel shall provide customary motel services, such as maid service, linen service, telephone and/or desk service, and the use of furniture.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.148 NURSING HOMES AND OTHER GROUP HOMES.

   The following regulations shall apply to nursing homes, convalescent homes, rest homes, orphanages, and half-way houses.
   (A)   Minimum lot area. The minimum lot area for such facilities shall be one acre.
   (B)   Frontage and access. Such uses shall front onto a major thoroughfare and the main means of access to the site for residents or patients, visitors, and employees shall be via the thoroughfare. In no case shall primary access to a nursing home, convalescent home, or rest home be limited to a residential street.
   (C)   Setback. The principal building and all accessary buildings shall be set back a minimum distance of 25 feet from any property lines.
   (D)   Open space. Any such facility shall provide a minimum of 500 square feet of outdoor open space for every bed used or intended to be used. The open space shall be landscaped and shall include places for walking and sitting. Off-street parking areas, driveways, and accessory uses or areas shall not be counted as required open space.
   (E)   State and federal regulations. Nursing homes, convalescent homes, rest homes, orphanages and halfway houses shall be constructed, maintained, and operated in conformance with applicable state and federal laws.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.149 OPEN-AIR BUSINESSES.

   The following regulations shall apply to permanent open-air businesses.
   (A)   Minimum lot area. The minimum lot area for open-air businesses shall be 10,000 square feet.
   (B)   Driveway location. The nearest edge of any driveway serving an open-air business shall be located at least 60 feet from any street or road intersection, as measured from the nearest intersection right-of-way, and at least 20 feet from any side property line.
   (C)   Parking setback. Parking shall be setback a minimum of ten feet from any road right-of-way line.
   (D)   Lot width. The minimum lot width for open-air businesses shall be 100 feet.
   (E)   Loading and parking. All loading and parking areas for open-air businesses shall be confined within the boundaries of the site, and shall not be permitted to spill over onto adjacent roads or alloys.
   (F)   Outdoor display of vehicles. The outdoor display of new or used automobiles, boats, mobile homes, recreational vehicles, trailers, trucks, or tractors that are for sale, rent, or lease shall comply with the requirements in § 154.136.
   (G)   Plant material nursery. Nurseries that deal with plant materials shall comply with the following.
      (1)   Plant storage and display areas shall comply with the minimum setback requirements for the district in which the nursery is located.
      (2)   The storage of soil, weed chips, fertilizer, and similar loosely packaged materials shall be contained and covered to prevent it from blowing onto adjacent properties.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.150 RESTAURANT SITE REQUIREMENTS.

   (A)   Access. Points of vehicular ingress and egress shall be limited to the thoroughfare having business-zoned frontage only.
   (B)   Screening. A restaurant with a rear or side yard abutting a noncommercial district shall provide a permanent obscuring wall, per the requirements of §§ 154.100 and 154.101, along the full length of each abutting property line.
   (C)   Vehicular storage. Parking and vehicular storage in excess of 24 consecutive hours shall be prohibited at all times on the premises, and the owner, franchise holder or lessee shall post a sign or signs giving notice that all parked or stored vehicles are subject to ticketing and removal at the owner's expense.
   (D)   Rubbish and debris. Each restaurant site shall be kept free of rubbish and debris and the grass and other landscaping shall be well maintained so as to present a neat and attractive appearance at all times.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.151 RADIO AND TV TOWERS.

   The following regulations shall apply to commercial and public radio and television towers, microwave towers, and other communication antennas/towers.
   (A)   Setbacks. Each tower shall be set back from all property lines a minimum distance equal to the height of the tower.
   (B)   Fencing. An open weave, six-foot high chain link fence shall be constructed around the entire perimeter, in accordance with § 154.037.
   (C)   State and federal regulations. Radio, television, and other types of communication towers shall be constructed, maintained, and operated in conformance with applicable state and federal laws.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.152 RECREATION FACILITIES.

   (A)   Outdoor recreation facilities. Outdoor recreation facilities, such as, but not limited to, ski facilities, courses for off-road vehicles and snowmobiles, campgrounds, baseball facilities and swimming pools, shall comply with the following regulations.
      (1)   Principal and accessory buildings shall be set back at least 25 feet from all property lines, unless otherwise specified herein.
      (2)   The location, layout, design, or operation of outdoor recreation facilities shall not impair the continued enjoyment, use, and future orderly development of adjacent and nearby properties. The Planning Commission may specify the hours of operation in order to assure compatibility with adjacent uses.
      (3)   Outdoor recreation uses shall not generate excessive noise, odors, dust, or other impacts, such that the continued use and enjoyment of adjacent properties would be impaired.
      (4)   All parking for outdoor recreation uses shall be provided in off-street parking lots, which shall be designed in accordance with §§ 154.065 through 154.070.
      (5)   Lighting for outdoor recreation uses shall be shielded to the greatest extent possible from adjoining properties.
      (6)   Outdoor recreation uses shall be screened from view from adjacent property zoned or used for residential purposes, in accordance with § 154.081(E).
      (7)   Accessary retail or commercial facilities, such as food and beverage facilities or equipment shops, shall be designed to serve only the patrons of the outdoor recreation facility, unless otherwise listed as a permitted use in the district in which the facility is located.
   (B)   Indoor recreation facilities. Indoor recreation facilities, such as, but not limited to, bowling establishments, indoor archery ranges, indoor tennis courts, indoor skating rinks, and similar indoor recreation uses shall comply with the following regulations.
      (1)   Indoor recreation uses shall be set back a minimum of 50 feet from any property line that abuts a residential district.
      (2)   The location, design, and operation of an indoor recreation use shall not adversely affect the continued use, enjoyment, and development of adjacent properties. In considering this requirement, particular attention shall be focused on the adverse impact resulting from loitering on the premises.
      (3)   Indoor recreation uses shall have direct access onto a major thoroughfare.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.153 RELIGIOUS INSTITUTIONS.

   The following regulations shall apply to all religious institutions, including churches, synagogues, temples, and related uses.
   (A)   Minimum site area. The minimum site area for a religious institution shall be 40,000 square feet. For the purpose of determining minimum site area, all contiguous land owned by the institution and any land area separated from the principal use by a public right-of-way other than a major thoroughfare may be included. Any land area separated by a right-of-way shall be considered to be an integral part of the site plan for review and approval purposes.
   (B)   Lot width. The minimum lot width for religious institutions shall be 200 feet.
   (C)   Parking setback. Off-street parking shall be prohibited in the front setback area required by this chapter for the underlying zoning district. No parking shall be allowed within 15 feet of any property line. Except for the above front yard setback requirement, the Zoning Board of Appeals may allow the substitution of a wall per §§ 154.100 and 154.101 in lieu of compliance with other setback requirements.
   (D)   Frontage and access. Religious institutions shall be located on a major thoroughfare. The primary vehicular access to the site shall be provided from a major thoroughfare.
   (E)   Landscaping. Religious institutions shall comply with the landscaping requirements set forth in § 154.082(C).
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.154 STAMPING PLANTS, PUNCH PRESSES, AND LIKE MACHINES

   The following regulations shall apply to stamping machines, punch presses, press brakes, and other like machines.
   (A)   General requirements. All such machines shall have shock absorbing mountings and be placed on a suitable reinforced concrete footing. No machine shall be loaded beyond the capacity prescribed by the manufacturer. All such machines shall comply with the noise and vibration standards in §§ 154.176.
   (B)   Automatic screw machine. Automatic screw machines shall be equipped with noise silencers, and shall not be located closer than 300 feet from any property zoned or used for residential purposes.
   (C)   Setbacks. Punch and stamp presses, other than hydraulic presses, shall comply with the performance standards in §§ 154.175 through 154.185.
   (D)   Power brakes. Press brakes shall be set back at least 300 feet from any property line zoned for residential use.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.155 VETERINARY CLINICS.

   Veterinary clinics shall comply with the following requirements.
   (A)   Enclosure. All activities shall be conducted within a completely enclosed building.
   (B)   Setbacks. All buildings shall be set back at least 50 feet from abutting land that is zoned for residential use.
   (C)   Treatment facilities. No veterinary clinic shall contain facilities for boarding of animals. Treatment shall be limited to domesticated animals considered as pets.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.156 VETERINARY HOSPITALS.

   Veterinary hospitals shall comply with the following requirements.
   (A)   Enclosure. All activities shall be conducted within a completely enclosed building.
   (B)   Setbacks. All buildings shall be set back at least 200 feet from abutting land that is zoned for residential use.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.157 ACCESSORY APARTMENT DWELLINGS.

   An accessory apartment dwelling as defined in § 154.005, shall comply with the following regulations.
   (A)   Incidental use to residence. The accessory apartment shall be clearly incidental to the principal residence on the site. Accordingly, the following conditions shall apply.
      (1)   Accessary apartments shall be established in owner-occupied residences only.
      (2)   Only one accessory dwelling shall be permitted on each zoning lot.
      (3)   The total floor area of the accessory dwelling shall not exceed 600 square feet.
   (B)   Setbacks and placement on the parcel. An accessory dwelling shall comply with all setback requirements for the district in which it is located.
   (C)   Compatibility with surrounding land use. The design of the accessory dwelling shall not detract from the single-family character and appearance of the principal residence or the surrounding neighborhood. The accessory dwelling shall not have a front entrance visible from the front yard, other than the entrance that serves the principal residence. When viewed from the outside, it shall not appear that more than one household occupies the site.
   (D)   Parking and access. In addition to required parking for the principal residence, one additional parking space shall be provided for the accessory dwelling.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.158 SENIOR CITIZEN HOUSING STANDARDS.

   As provided under Public Act 124 of 1992, being M.C.L.A. § 503, senior citizen housing facilities shall be permitted in any R-3, C-1, C-2, C-3 or PD district subject to the following requirements:
   (A)   Shared senior citizen living in a zoning district in which a maximum of four unrelated individuals over the age of 50, with or without spouses, may occupy a single dwelling structure specifically designed for such use. The dwelling shall provide for separate bedrooms and sanitary facilities for each occupant, (e.g. husband and wife constituting one occupant), together with a shared kitchen, dining and living space. A minimum of 250 square feet of private space (bedroom and sanitary facilities) shall be provided for each occupant, together with shared space (kitchen, dining and living) of 200 square feet per occupant. Each shared dwelling unit must be provided with adequate management services to maintain the premises. All dwellings must be compatible with abutting and surrounding single-family dwellings with respect to scale, character, materials and landscaping. “Shared senior citizen living” does not include adult foster care homes.
   (B)   Independent and congregate senior citizen living in any R-3, C-1, C-2, C-3 or PD zoning district as follows:
      (1)   Independent senior citizen living units may include attached or detached condominium dwellings, townhouses, or apartments consistent with all provisions of this section otherwise applicable to such dwellings.
      (2)   Congregate senior citizen living shall consist of dwelling units containing kitchen, sanitary, sleeping and living spaces in addition to common service areas, including, but not limited to, central dining room(s), recreational room(s) and a central lounge.
   (C)   Assisted senior citizen living and convalescent care in any R-3, C-1, C-2, C3 or PD zoning districts, as follows:
   Assisted senior citizen living units and convalescent care facilities shall consist of dwelling units containing living/sleeping areas and sanitary facilities in addition to common service areas, including, but not limited to, central dining room(s), recreational room(s), laundry service, housekeeping service and a central lounge. Such facilities shall provide at least two common meals per day seven days a week. Meals must be prepared in a kitchen facility licensed by the state through the County Health Department. All construction of these facilities must meet current applicable codes including State Public Health Code Act 368 P.A. 1978 Part 129, as amended.
   (D)   Accessory buildings and uses as follows, subject to all conditions and regulations provided in this section:
      (1)   General nursing facilities designed solely for the residents.
      (2)   Attached or detached carports or garages.
      (3)   Community and/ or recreational buildings for other than shared senior citizen living units, not exceeding two stories in height, which are designed to serve the residents of the development.
      (4)   Maintenance buildings and gatehouses for other than shared senior citizen living units not exceeding one story in height.
      (5)   On-site manager’s dwelling unit and/or office.
   (E)   Additional required conditions:
      (1)   Shared senior citizen living, congregate senior citizen living, and assisted senior citizen living and convalescent facilities shall front onto a primary major thoroughfare, or secondary major thoroughfare, with the capacity to accommodate expected traffic volumes from the use without detrimental impact upon levels of safety, travel times and overall level of service.
      (2)   All facilities of a senior citizen housing development, such as common service areas, central dining rooms, recreational rooms, and lounges, shall be solely for the use of the residents, employees and invited guests of the development, but not for the general public.
      (3)   For each dwelling unit in a congregate senior citizen living development (division (B)(2)) in an assisted senior citizen living development and in a convalescent care facility (division (C)), there shall be provided at least 20 square feet of indoor recreation space and at least 50 square feet of usable outdoor open space, which may include patios, park benches, courtyards and landscaping, with such space to be available and accessible to all residents of the development. Usable open space may be located on the ground, on terraces or on rooftops, and shall be landscaped or developed for active or passive recreation, and may include roofed recreation areas enclosed on not more than one side, unenclosed porches and swimming pools. Usable open space shall not include land used for required yard setbacks, driveways, parking lots or loading/ unloading areas. Walkways and paved pedestrian plazas may be included as eligible usable outdoor open space. Open space requirements may be modified by the Planning Commission where a development site abuts a public park or other suitable open space located within a reasonable walking distance for the occupants of said housing development.
      (4)   For all senior citizen housing developments other than independent senior citizen living units (division (B)(1)), there may be provided quarters for an on-site/live-in manager and activities director who is trained and knowledgeable of local resources relating to in-home support and other services beneficial to residents.
      (5)   Except for independent senior citizen living units, (division (B)(1)), an emergency alert system for senior citizen housing developments shall be provided, which may include a bell entry system and an alarm system.
      (6)   Except for independent senior citizen living unit (division (B)(1)), in addition to the requirements of the state’s Barrier Free Code, all dwelling units and related facilities utilized by the tenants shall be specifically designed for use by the elderly including, but not limited to, provision for minimum 32-inch clear door widths and assist bars at water closets, bathtubs and showers. In one-story units, wherever steps are located, at least one ramp shall be provided. Where there are two-story units, at least 50% of the units of the building shall be accessible to handicapped individuals.
      (7)   All units in a senior citizen housing development shall have a minimum of one bedroom and one living room, but shall not exceed two bedrooms. (See division (A) for shared senior citizen living units' special floor area requirements.)
      (8)   Adequate sidewalks shall be provided for all senior housing developments, subject to approval by the Planning Commission.
      (9)   Additional requirements:
         (a)   For purposes of this section, those eligible to be residents within any senior citizen housing development are defined as individuals who have attained the age of 50 years or older, or couples of which either partner has attained the age of 50 years.
         (b)   All site development amenities, such as common service areas (e.g. central dining rooms, recreational rooms, and central lounges) shall be provided in the project plan.
   (F)   Procedures. A proposed senior citizen housing use shall be subject to Planning Commission review and approval, after public hearing, pursuant to notice requirements at §§ 154.401 through 154.405, and subject to the following standards:
      (1)   The proposed use complies with all requirements of this section, including, but not limited to: §§ 154.020 through 154.039, General Zoning Regulations; §§ 154.065 through 154.070, Off-street Parking; §§ 154.080 through 154.086, Landscaping; and requirements for such use specified in each zoning district classification.
      (2)   Project applications for other than independent senior citizen living units (division (B)(2)), shall take into account the needs of elderly persons for:
         (a)   Transportation.
         (b)   Shopping.
         (c)   Health facilities.
         (d)   Recreational facilities.
      (3)   The proposed use will not unduly affect existing community resources and housing patterns.
      (4)   There is an established need for the proposed housing.
      (5)   The proposed use will not cause undue impact on existing thoroughfares in terms of overall volumes, capacity, safety, travel times and level of service.
      (6)   The proposed use will not cause undue impact on the capabilities of public services and facilities, including water service, sewer service, police and fire protection.
      (7)   The proposed use is planned and designed so as to minimize possible adverse effects upon adjacent properties.
      (8)   The development of the proposed use will not result in or contribute to an excessive concentration of senior citizen housing within the surrounding area.
      (9)   That approval of this use by the Planning Commission after site plan review and a public hearing shall be restricted to senior citizen housing only.
      (10)   The Planning Commission shall conduct or have conducted necessary field inspections and investigations to arrive at a proper decision. The Planning Commission shall then act to approve, approve with conditions or disapprove the site plan. Approval, or approval with conditions, of the site plan by the Planning Commission shall be effective for a period of one year absent the granting of an extension by the Planning Commission.
(Ord. 92-005, passed 2-17-92; Am. Ord. 02-009, passed 7-1-02; Am. Ord. 22-001, passed 1-24-22) Penalty, see § 154.999

§ 154.159 MANUFACTURED HOME PARK REQUIREMENTS.

   Manufactured home parks shall comply with the requirements of Public Act 419 of 1976, being M.C.L.A. § 125.2301 et seq., as amended. Further, manufactured home parks shall comply with the city zoning regulations, Michigan Manufactured Home Commission Rules, and any other lawfully adopted regulations of the city. Should any conflict in regulatory provisions occur, the provision that imposes the more restrictive or higher standard shall prevail.
   (A)   Location. Manufactured homes shall be located only in those zoning districts in whichmanufactured home land use is permitted by these regulations. Emergency or temporary parking of a manufactured home on any street, alley, or highway may be permitted by the Building Official for a period not to exceed 12 consecutive hours, subject to any other limitations imposed by traffic or parking regulations or ordinances for a particular street, alley or highway.
   (B)   Manufactured home standards. Each manufactured home shall be of contemporary design and shall contain sanitary waste disposal facilities, sleeping accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical connections designed for attachment to appropriate external system as commonly found in modern manufactured homes. Each manufactured home shall comply with the zoning regulations for the district in which it is located, regulations of the U.S. Department of Housing and Urban Development as adopted on June 15, 1976, and all subsequent amendments to such standards and regulations. Manufactured homes constructed prior to June 15, 1976 shall be in full compliance with NFPA 501B-1974/ANSI 119.1-1975 standards.
   (C)   Setbacks.
      (1)   Manufactured homes shall comply with the minimum distances specified in R125.1941, Rule 941 of the Michigan Administrative Code.
      (2)   No manufactured home unit shall be located within 50 feet of the right-of-way of a public thoroughfare, or within 35 feet of any other manufactured home park property line.
      (3)   No manufactured home unit exterior wall shall be located within 20 feet of any other manufactured home unit’s exterior wall surface.
   (D)   Permit. It shall be unlawful for any person to operate a manufactured home park unless that individual obtains a license for operation in compliance with the requirements of Public Act 419 of 1976, being M.C.L.A. § 125.2301 et seq., as amended. The Zoning Administrator shall communicate recommendations regarding the issuance of any license to the Director of theManufactured Housing Division, Corporation and Securities Bureau, Michigan Department of Commerce.
   (E)   Violations. Whenever, upon inspection of any manufactured home park, the Zoning Administrator finds that conditions or practices exist that violate provisions of these zoning regulations or other regulations referenced herein, the Zoning Administrator shall give notice in writing by certified mail to the Director of the Michigan Manufactured Housing Commission, including the specific nature of the alleged violations and a description of possible remedial action necessary to comply with this chapter or other regulations. The notification shall include such other information as is appropriate in order to fully describe the violations and potential hazards to the public health, safety and welfare resulting from the violation. A copy of the notification shall be sent by certified mail to the last known address of the park owner or agent.
   (F)   Inspections. The Zoning Administrator, or any delegated individual, is granted the authority, as specified in Public Act 419 of 1976, being M.C.L.A. § 125.2301 et seq. as amended, to enter upon the premises of any manufactured home park for the purpose of determining compliance with the provisions of these or other applicable city regulations.
   (G)   Park site development standards.
      (1)   Park area. A manufactured home park shall be at least ten contiguous acres in size.
      (2)   Access. All manufactured home parks shall have direct access to a major thoroughfare.
      (3)   Interior roadways.
         (a)   All interior roadways and driveways shall be hard-surfaced and provided with curbs and gutters. Roadway drainage shall be appropriately assigned such that storm water from the roadway will not drain onto the manufactured home lots.
         (b)   Main access drives shall be no less than 32 feet wide. Secondary access drives shall be no less than 26 feet in width. No parking shall be permitted on any main or secondary access drives.
      (4)   Sidewalks. Concrete sidewalks shall be constructed on the street side of each manufactured home lot in accordance with established engineering standards for the city. Sidewalks shall be placed not less than three feet from the edge of the curb of a main access drive, but may be placed contiguous to the curb of a secondary access drive. The areas between the sidewalk and curb shall be seeded or sodded with grass, although shade or street trees may be planted in the area.
      (5)   Water and sewer service. All manufactured home parks shall be connected to the city water supply system and city sanitary sewer system and shall meet the requirements of the Wayne County Health Department and the Michigan Department of Health. Water shall be continuously supplied to each manufactured home lot with a minimum available pressure of 20 pounds per square inch. The plumbing connections to each manufactured home site shall be constructed so that all lines are protected from freezing, accidental bumping, or from creating any nuisance or health hazard.
      (6)   Storm drainage. All developed portions of the manufactured home park shall be served by adequate storm drainage facilities, designed and constructed in accordance with applicable city, county, and state regulations, and shall be subject to review and approval by the City DPS Director.
      (7)   Telephone and electric service. All electric, telephone, and other lines within the manufactured park shall be underground.
      (8)   Television antennas; satellite dishes. Individual exterior television antennas or satellite dishes shall not be placed on any manufactured home unit or lot. The manufactured home park may provide a master exterior television antenna or dish for connection to individual mobile home units, or an underground cable television system may be installed.
   (H)   Skirting. Each manufactured home must be skirted within 90 days after establishment in a manufactured home park. In the event that skirting cannot be installed in a timely manner due to inclement weather, the Zoning Administrator may permit extension of the time period. All skirting shall conform to the installation and materials standards specified in the Michigan Administrative Code, R125.1604 Rule 604.
   (I)   Canopies and awnings.
      (1)   Canopies and awning may be attached to any manufactured home, provided they are in compliance with the Michigan Administrative Code, R125.1941, Rule 941(1)(b)(ii), and provided further that they shall not exceed 12 feet in width or exceed the length or the height of the manufactured home.
      (2)   A building permit shall be required for construction or erection of canopies or awnings, or for construction of any area enclosed by glass, screens, or other material, such that the enclosed area will be used for more than casual warm weather leisure.
   (J)   Landscaping. Manufactured home parks shall be landscaped in accordance with §§ 154.080 through 154.086.
   (K)   Open space. Each manufactured home park shall provide a minimum of 15,000 square feet of open space area. The open space area shall be increased by 250 square feet for each manufactured home site in excess of 50 manufactured home park sites.
   (L)   Accessory storage areas.
      (1)   A parking area surrounded by an obscuring wall, in accordance with §§ 154.100 and 154.101, shall be located within each manufactured home park for the storage of residents’ carrying trailers, boats, snowmobiles, motorized recreational vehicles, and other similar equipment. This equipment shall not be stored elsewhere in the park.
      (2)   Each manufactured home shall be provided with an accessory storage building having at least 80 square feet of floor area for the storage of household items, lawn equipment, and similar possessions.
   (M) Garbage and refuse collection. Garbage and refuse collection areas shall be screened and maintained in accordance with the provisions of this chapter and other city regulations.
(Ord. 92-005, passed 2-17-92; Am. Ord. 21-004, passed 2-8-21) Penalty, see § 154.999

§ 154.160 SINGLE-FAMILY CLUSTER OPTION.

   Except as stated within this section, an application for approval of a site plan for a residential cluster option shall follow the procedures and requirements established for a special use approval as stated in §§ 154.415 through 154.417. The following standards shall apply to single-family cluster projects.
   (A)   Intent. The intent of the single-family cluster option is to provide the opportunity for creative design in single-family residential districts to accomplish the following primary objectives.
      (1)   To promote a higher quality of development than could be achieved under conventional zoning regulations.
      (2)   To encourage innovation in land use and variety in design, layout, and type of structures constructed.
      (3)   To provide a feasible means of residential development on sites that would otherwise be difficult or impossible to develop because of the parcel size or shape, the character of surrounding land uses, or other constraints.
   (B)   Eligibility criteria.  
      (1)   In considering any proposal for the single-family cluster option, the Planning Commission shall determine that the proposal satisfies one or more of the following eligibility criteria.
         (a)   The overall impact of the development will provide a recognizable and substantial benefit to its ultimate residents and to the community.
         (b)   The parcel has narrow width, shallow depth, or a unusual configuration that is a substantial detriment to development as a conventional subdivision.
         (c)   A significant portion of the property's perimeter is bordered by a major or secondary thoroughfare, so that, if developed as a conventional subdivision, a substantial number of the lots would abut the thoroughfare and be impacted by negative traffic noise and lights.
         (d)   A substantial portion of the property's perimeter is bordered by land that is zoned or used for more intensive and potentially incompatible nonresidential development.
         (e)   The parcel contains natural assets that would be preserved or enhanced through the use of cluster development. Such assets may include stands of trees, land that serves as a habitat for wildlife, unusual topographic features, or other natural assets that should be preserved.
      (2)   An application for the single-family cluster option shall be accompanied by written and graphic documentation demonstrating to the Planning Commission that the proposal satisfies one or more of the listed eligibility criteria.
   (C)   Project density.  
      (1)   The overall density of development on a site that qualifies for cluster development shall not exceed the standards for density as established by the underlying zoning regulations for the district in which the site is located. The density of a development shall be computed by dividing the total number of units proposed by the allowable acreage. The quotient shall be rounded to the nearest tenth of an acre.
      (2)   For the purposes of computing density, allowable acreage shall include the following.
         (a)   All areas to be used for residential purposes, including off-street parking and private access roads, but excluding public street rights-of-way.
         (b)   Dedicated private parks and/or common open space devoted for use of residents of the single-family cluster development.
   (D)   Site design requirements. Single-family cluster developments shall comply with the following requirements.
      (1)   Clustering alternatives.
         (a)   Attachment of units. A maximum of four single-family dwelling units may be attached to each other, provided that measures are taken to avoid monotonous facade design or the appearance of massive buildings that are out-of-scale with surrounding single-family development. The attached units shall be offset from one another, and/or different design details (i.e., different building entrance designs, different building materials, and the like) shall be used for each unit.
         (b)   Detached clusters. A maximum of single-family detached units may be combined into a single cluster, provided that the units shall be spaced not less than ten feet apart. This spacing requirement may be waived or modified by the Planning Commission during site plan review, based upon a favorable recommendation of the Fire Chief.
      (2)   Open space.  
         (a)   General requirements. Single-family cluster developments shall provide and must maintain at least 15% of the site as dedicated common open space.
         (b)   Water bodies and basins. Up to 25% of the required open space may include the area of any created water bodies or water detention/retention basins.
         (c)   Conveyance of open space. The required open space shall be set aside by the developer through an irrevocable conveyance, such as a deed restriction(s) or covenant(s) that runs with the land, assuring that the open space will be developed, dedicated and continually maintained according to the site plan and never changed to another use.
      (3)   Setbacks.
         (a)    Setbacks between clusters. Each cluster of attached or detached dwelling units shall be set back a minimum distance of 50 feet from any other cluster, except that the minimum setback for adjoining clusters that have a side-to-side building relationship shall be 20 feet.
         (b)   Building setbacks. Buildings within each cluster shall comply with the following minimum setbacks.
            1.   Internal private road: 20 feet from edge of traveled roadway.
            2.   Public road right-of-way: 25 feet.
            3.   Property line (other than road right-of-way): 25 feet.
            4.   Utility easement (other than individual unit lead): 12 feet.
      (4)   Landscaping. Single-family cluster developments shall comply with the landscaping requirements specified in §§ 154.080 through 154.086
      (5)   Transition in density. Where the parcel proposed for use as a cluster development abuts a conventional single-family development, the cluster development shall be designed to provide an orderly transition between the two developments. Such a transition may be achieved by providing a buffer zone consisting of open space, additional landscaping, berms, changes in topography, or similar measures.
      (6)   Sidewalks. Sidewalks shall be provided along all public and private roads within the cluster development.
      (7)   Utility connections. Each dwelling unit shall be separately connected and metered for city water and sewer service.
   (E)   Determination of eligibility. The application for cluster development shall include documentation that the proposal satisfies one or more of the eligibility criteria set forth in division (B)(1) of this section. The Planning Commission shall make a preliminary determination whether the proposal qualifies for the cluster option, based on the submitted documentation.
   (F)   Effect of preliminary eligibility determination. Preliminary determination by the Planning Commission that a parcel qualifies for cluster development does not assure approval of the site plan. Such a determination, however, does give the applicant the opportunity to proceed further with site plan review.
   (G)   Site plan review. A cluster housing development shall be subject to the site plan review requirements in §§ 154.400 through 154.405 of this chapter, as well as the additional requirements in this section.
   (H)   Information required for site plan review. In addition to the information required in §§ 154.400 through 154.405 as a part of site plan review, the following information shall be included on all cluster option plans submitted for review.
      (1)   Acreage and density computations.
      (2)   Setbacks from all property lines and distances between all buildings and between buildings and roads.
      (3)   Proposed landscape screening along the perimeter and within the site.
      (4)   Specific locations of significant site features such as tree stands and water retention areas.
      (5)   Delineation of open space areas and detailed information concerning common access and proposed landscaping or other improvements within the open space.
   (I)   Recording of Planning Commission action. Each action taken with reference to a cluster development proposal, including the grounds for the action taken, shall be duly recorded in the minutes of the Planning Commission.
   (J)   Recording of documents. If the Planning Commission approves the cluster development proposal, all requirements and conditions upon which approval is based shall be included as part of the approved site plan. Easements, deed covenants or deed restrictions shall be drafted into recordable forms, reviewed and approved as to form by the City Attorney, and filed by the applicant with the appropriate county agency prior to the issuance of a building permit for any construction.
   (K)   Performance guarantee. A performance guarantee shall be deposited with the city to ensure faithful completion of improvements, in accordance with §§ 154.400 through 154.415.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.161 COMMERCIAL/INDUSTRIAL DEVELOPMENTS.

   In all commercial districts, a limited amount of storage is permitted where the storage is accessory to the principal retail use. Similarly, in industrial districts office and sales operations are permitted where such activities are clearly incidental to the principal industrial use. In certain businesses, the accessory use is an integral part of the overall business operation, such that the business takes on the character of a “mixed use.” In these cases, the specific guidelines provided in this section to determine if the accessory use is reasonable and should be permitted.
   (A)   Retail uses in industrial districts. Retail uses shall be deemed acceptable accessory uses in industrial districts if the following criteria are met.
      (1)   Character of the principal use. The principal use on the site must be industrial in character. The retail activity must be an integral part of the business such that separation of the manufacturing and retail activity would adversely affect operating and management procedures.
      (2)   Percent of floor area. The retail activity shall occupy no more than 30% of the total floor area or 1,000 square feet, whichever is less.
      (3)   Percent of gross value. The gross value of the retail sales shall not exceed 30% of the gross value of the products produced on the premises.
      (4)   Products offered for sale. Retail sales shall be limited primarily to products produced on the premises. If it is determined by the Zoning Administrator that the sale of limited specialty products not produced on the premises is essential to installation or use of the principal sold, then those sales may be permitted, provided that in total they represent less than 50% of the on-site retail sales.
      (5)   Compatibility of traffic. The type and quantity of traffic generated by the retail sales operation shall be compatible with permitted industrial uses in the district.
      (6)   Parking. Adequate parking shall be provided for the retail sales, as specified in §§ 154.065 through 154.069. Off-street parking shall be subject to the location and setback requirements for the district in which the use is located.
   (B)   Industrial uses in commercial districts. Industrial, processing, and warehouse uses shall be deemed acceptable accessory uses in commercial districts if the following criteria are met.
      (1)   Character of the industrial use. Assembly, fabrication, manufacturing, and warehouse activities shall be directly related to the specific products or services permitted as principal use on the site.
      (2)   Limits of industrial activity. Any products manufactured or produced shall not be for distribution to other retail stores or manufacturing facilities.
      (3)   Types of equipment. Heavy machinery typically found in manufacturing or industrial plants shall not be permitted. The machinery shall not create dust, noise, odor, vibration or fumes that would cause an adverse impact on neighboring properties.
      (4)   Percent of floor area. All industrial activity shall occur within a defined area and shall occupy no more than 30% of the total building floor area or 1,000 square feet, whichever is less.
      (5)   Compatibility of traffic. The type and quantity of traffic generated by the industrial activity shall be compatible with permitted retail uses in the district.
      (6)   Outside activity prohibited. Industrial activity, if permitted, shall be located entirely within an enclosed building. There shall be no outside storage, except as specifically permitted in the district in which the use is located.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.162 AUTOMOBILE AND/OR VEHICLE RENTAL ESTABLISHMENTS.

   Automobile and/or vehicle rental operations with outdoor rental space shall be subject to the requirements that follow. These requirements shall apply to any operation involving the lease or rental of automobiles and/or vehicles.
   (A)   Grading, surfacing, and drainage. Outdoor lots, parking areas, and other automobile and vehicle maneuvering areas shall be hard-surfaced with concrete or bituminous material, and shall be graded and drained so as to effectively dispose of or retain surface waters. Grading, surfacing, and drainage plans shall be subject to review and approval by the Director of the City DPS and/or City Engineer.
   (B)   Servicing of automobiles and/or vehicles. There shall be no servicing of automobiles and/or vehicles on site, except for the minor routine maintenance of the interior and exterior of the automobiles and/or vehicles, and checking of fluid levels. No servicing of any engine compartments.
   (C)   Broadcasting devices prohibited. Devices for the outdoor broadcasting of voice, telephone monitoring, music or any other amplified sound shall be prohibited outside of any building.
   (D)   Setbacks. Outdoor rentals lots, parking areas, and other automobile and vehicle maneuvering areas shall comply with the requirements for parking lots, as specified in § 154.066(A).
(Ord. 08-004, passed 11-5-07) Penalty, see § 154.999

§ 154.163 REGULATED USES.

   (A)   Scope of regulations. In the development and execution of this chapter, it is recognized that there are some uses that, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby causing a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that the adverse effects of these uses will not contribute to the deterioration of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area; i.e., not more than two such uses within 1,000 feet of each other. The establishment of the following kinds of uses is prohibited if the establishment of any one of the following uses constitutes the third such use within a 1,000-foot radius.
      (1)   Adult book or supply store.
      (2)   Adult model studio.
      (3)   Adult motion picture arcade.
      (4)   Adult motion picture theater or adult live stage performing theater.
      (5)   Adult outdoor motion picture theater.
      (6)   Adult physical cultural establishment.
      (7)    Bar/lounge/tavern.
      (8)   Boarding house or rooming house.
      (9)    Cabaret.
      (10)   Massage parlor or massage establishment.
      (11)   Pawn shop or collateral loan or exchange establishments.
      (12)    Public lodging house.
      (13)    Smoke shops.
      (14)    Specially designated distributor’s establishment.
      (15)    Specially designated merchant’s establishment.
      (16)    Hookah Lounge or Club.
   (B)   Application procedure. Application to establish any of the above regulated uses shall be made to the Zoning Administrator, who shall not approve any application if there are already in existence two or more regulated uses within a radius of 1,000 feet of the outermost boundaries of the lot upon which the proposed regulated use will be situated.
   (C)   Waivers. Upon denial of any application for a regulated use under division (B) of this section, the applicant may appeal for a waiver of the locational provisions above to the Zoning Board of Appeals consistent with the standards set forth below. The Board may waive the locational provisions set forth in division (B) of this section after all the following findings are made.
      (1)   Compliance with regulations. The proposed use will not be contrary to any other provision of this chapter, or injurious to nearby properties.
      (2)   Shall not enlarge district. The proposed use will not enlarge or encourage the development of a “skid row” or “strip.”
      (3)   Consistent with program. That the establishment of an additional regulated use will not be contrary to, or interfere with any program of urban renewal or neighborhood development.
      (4)   Consistent with law. That all applicable city, state, or federal laws and regulations will be observed.
   (D)   Procedure for waiver. Prior to granting a waiver of the locational restrictions set forth above, and not less than five nor more than 15 days before the request for waivers is considered or a public hearing held pursuant to this section, the Board shall publish, in a newspaper of general circulation in the city, one notice indicating that a request for waivers to establish a regulated use has been received, and shall send by mail or personal delivery a copy of that notice to the owners of the property for which waivers are being considered and to all persons to whom any real property is assessed within 300 feet of the boundary of the premises in question, and to the occupants of all structures within 300 feet. If the name of the occupant is not known, the term “occupant” may be used in making notification.
      (1)   Notification to manager. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each dwelling unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure.
      (2)   Notice contents.  
         (a)   The notice of application shall do the following.
            1.   Inform the recipient of the applicant's name.
            2.   Describe the nature and type of use proposed.
            3.   Indicate the local address, the lot number and subdivision name of the property in question.
            4.   Provide the section of the zoning chapter under which the proposal is being processed.
         (b)   This notice shall also invite written comments, statements, or opinions, and indicate the place and date upon which written comments concerning the proposed use must be received.
      (3)   Hearing requests. The notice of application shall further indicate that a public hearing on the proposed regulated use may be requested by a property owner or occupant, no less than 18 years of age, of a structure located within 300 feet of the boundary of the property being considered for the regulated use. If the applicant or the Board requests a public hearing under this section, any interested person may be represented by a person, firm, organization, partnership, corporation, board or bureau.
   (E)   Establishment prohibited near schools and residential zones.
      (1)   Restrictions. It shall be unlawful to hereafter establish any regulated use if the proposed regulated use will be within a 300-foot radius of a residentially-zoned district, or within a 500-foot radius of any nursery, primary, or secondary school. This prohibition relative to the establishment of a regulated use near residentially-zoned districts shall be waived upon the presentment to the Zoning Board of Appeals of a validated petition requesting the waiver, signed by at least 51% of all those persons owning, residing, or doing business within 300 feet of the proposed location. No waivers shall be given to permit a regulated use to locate within a 500-foot radius of any nursery, primary, or secondary school.
      (2)   Petitions for waiver. The Zoning Administrator shall adopt rules and regulations governing the procedure for securing any petition of waiver, which may be provided for this section. The rules shall provide that the circulator of the petition requesting a waiver shall be over 18 years, and subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with those rules, and that the circulator personally witnessed the signatures on the petition, and that the same were affixed to the petition by the persons whose names appeared thereon.
      (3)   Filing of waiver. The Board of Appeals shall not consider the waiver of locational requirements until the above described petition, if required, shall have been filed and verified by the Zoning Administrator.
      (4)   Conditions of approval. Prior to the granting of approval for the establishment of any regulated use, the Board of Appeals may impose any conditions or limitations upon the establishment, location, construction, maintenance, or operation of the regulated use as in its judgment may be necessary for the protection of the public interest. Any evidence, bond, or other performance and guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.
(Ord. 92-005, passed 2-17-92; Am. Ord. 96-01, passed 1-15-96; Am. Ord. 97-001, passed 4-7-97 ; Am. Ord. 08-004, passed 11-5-07; Am. Ord. 10-011, passed 10-26-09; Am. Ord. 20-003, passed 7-6-20) Penalty, see § 154.999

§ 154.164 HOME OCCUPATIONS.

   (A)    Home occupations may be permitted as an accessory use in the R-1, One-Family Residential and R-2, Two-Family Residential districts, subject to the following:
      (1)   No employees other than those living on the premises are allowed.
      (2)   Delivery vehicles used to deliver goods to a home occupation are limited to automobiles, passenger vehicles, mail carriers, and express package carriers. Deliveries are limited to an average of once a week.
      (3)   Home occupations are not allowed outside of the interior of a structure. An approved garage or accessory building may also be used for storage of materials, supplies, goods or equipment incidental to the home occupation.
   (B)    The following uses shall be permitted as home occupations:
      (1)   Home offices for such professionals as architects, doctors, brokers, engineers, insurance agents, lawyers, realtors, accountants, writers, salespersons, and similar occupations.
      (2)   Personal services, including hair or nail care, tutoring, music and art classes.
      (3)   Workshops for tailors, dressmakers, milliners, and craft persons, including weaving, lapidary, jewelry making, cabinetry, and wood working.
      (4)   Repair services, limited to watches and clocks, small appliances, computers, electronic devices, and similar small devices.
      (5)   Any home occupation not specifically listed as permitted, may be permitted as a special use subject to the provisions of this section and § 154.415.
   (C)   The following uses are expressly prohibited as a home occupation:
      (1)   Motor vehicle, recreational vehicle and/or boat repair, bump and paint shops, and salvage and/or storage yards.
      (2)   Kennels and/or veterinary clinics.
      (3)   Medical or dental clinics.
      (4)   Retail sales of merchandise.
      (5)   Eating or drinking establishments.
      (6)   Adult uses and sexually oriented businesses.
      (7)   Growing of medical marijuana as a qualified caregiver under the Michigan Marijuana Act, Initiated Law 1 of 2008, being M.C.L.A. §§ 333.26423 et seq.
      (8)   Uses similar to the above listed uses, or any uses that would in the determination of the Community Development Director result in nuisance factors as defined by this section.
   (D)   Home occupations shall not include:
      (1)   Outdoor displays or storage of materials, goods, supplies, or equipment used in the home occupation.
      (2)   The use of machinery or equipment not commonly incidental or accessory to a residential dwelling.
      (3)   Changes or alterations to the character or appearance of the residence.
      (4)   Parking that cannot be accommodated on the site.
      (5)   Signs unless expressly permitted by Chapter 153, Sign Regulations.
(Ord. 09-007, passed 4-20-09; Am. Ord. 11-001, passed 1-10-11)

§ 154.165 MEDICAL MARIJUANA FACILITIES AND ADULT USE MARIJUANA ESTABLISHMENTS.

   (A)   Purpose and intent. It is the intent of this section to provide appropriate locations with reasonable regulations for certain medical marijuana facilities allowed by the Michigan Medical Marihuana Facilities Licensing Act and certain adult use marijuana establishments allowed by the Michigan Regulation and Taxation of Marihuana Act. It is the intent of this section to protect the health, safety, and general welfare of persons and property by limiting medical marijuana facilities and adult use marijuana establishments to areas of the M-1 zoning district that are compatible with such uses. Additional regulations in this section are intended to provide reasonable restrictions so that these facilities do not compromise the health, safety, and general welfare of persons in the city, or other uses allowed in the M-1 zoning district or adjacent zoning district.
   (B)   Types of facilities prohibited. The following types of medical marijuana facilities and adult use marijuana establishments are prohibited in all zoning districts within the city of Garden City:
      (1)   Medical marijuana safety compliance facilities;
      (2)   Medical marijuana secure transporters;
      (3)   Adult use marijuana microbusiness;
      (4)   Adult use marijuana microbusiness Class A;
      (5)   Adult use marijuana secure transporter;
      (6)   Adult use marijuana safety compliance facility;
      (7)    Adult use marijuana event organizer;
      (8)    Adult use temporary marijuana event;
      (9)   Adult use designated consumption lounge; and
      (10)   Adult use excess marijuana grower.
   (C)   Types of facilities permitted with special land use approval. The following medical marijuana facilities provided for in the Michigan Medical Marihuana Facilities Licensing Act and adult use marijuana establishments permitted by the Michigan Regulation and Taxation of Marihuana Act may be permitted as a special land use in the M-1 zoning district, subject to the requirements of this section:
      (1)   Medical marijuana grow operations, Class A growers, Class B growers, and Class C growers. The maximum number of medical marijuana grow operations in Garden City is three, regardless of which class the three grow operations are. Grow operations previously granted a special land use permit by the city shall be counted among the three grow operations permitted by this section.
      (2)   Medical marijuana processing facilities. See division (F) of this section, which requires co-location in the same building with a grow operation.
      (3)   Medical marijuana provisioning centers. See division (G) of this section, which requires co-location in the same building with a grow operation and processing facility.
      (4)   Adult use marijuana growers, Class A growers, Class B growers and Class C growers.
      (5)   Adult use marijuana processors. See division (F) of this section, which requires co-location in the same building with an adult use grow operation.
      (6)    Adult use marijuana retailers. See division (G) of this section, which requires co-location in the same building with an adult use grow operation and an adult use processor.
   (D)   Requirements applicable to all medical marijuana facilities and adult use marijuana establishments. The following requirements apply to all medical marijuana facilities provided for in the Michigan Medical Marihuana Facilities Licensing Act and all adult use marijuana establishments provided for in the Michigan Regulation and Taxation Act (MRTMA), and as otherwise permitted in this zoning ordinance:
      (1)   Medical marijuana facilities and adult use marijuana establishments are only authorized in the M-1 zoning district with special use approval.
      (2)   Separation distance requirements. The following minimum setbacks apply to all medical marijuana facilities and adult use marijuana establishments:
         (a)   From residentially zoned districts. All lots containing a medical marijuana facility and/or an adult use marijuana establishment must be located at least 300 feet from a residentially zoned district (regardless of whether the residentially zoned district is located within the municipal boundaries of the City of Garden City), measured from the nearest lot line of the medical marijuana facility and adult use marijuana establishments to the nearest line of the residentially zoned district.
         (b)   From child care facilities, schools, and like facilities. All lots containing a medical marijuana facility and/or an adult use marijuana establishment must be located at least 500 feet from the nearest lot line of any child care center, licensed day care facility, preschool program center, primary, intermediate or secondary school, or like facility, established pursuant to and in accordance with the Revised School Code, P.A. 451 of 1976, being M.C.L.A. §§ 380.1 through 380.1853, as amended, and/or the State School Aid Act of 1979, P.A. 94 of 1979, being M.C.L.A. §§ 388.1601 through 388.1772, as amended.
         (c)   Public parks. All lots containing a medical marijuana facility and/or an adult use marijuana establishment must be located at least 500 from any public park, measured from the nearest lot line of the medical marijuana facility to the nearest lot line of the public park.
      (3)   Distance from Ford Road. The minimum setbacks of medical marijuana facilities and/or adult use marijuana establishments from the right-of-way of Ford Road are as follows:
         (a)   All buildings on a lot containing a medical marijuana facility and/or an adult use marijuana establishment must be located at least 300 feet from Ford Road, measured from the right-of-way of Ford Road to the nearest building.
         (b)   All lots containing a medical marijuana facility and/or an adult use marijuana establishment must be located at least 265 feet from Ford Road, measured from the right-of-way of Ford Road to the nearest lot line of the medical marijuana facility and/or an adult use marijuana establishment.
      (4)   State and local licensing and registration. Upon approval of a special land use permit, all owners, possessors, occupants, partnerships, corporations, and/or employees shall be subject to business license requirements of the city and must be at all times in compliance with the laws of the State of Michigan and ordinances of the city.
      (5)   Revocation and suspension. The city may suspend or revoke a special land use permit as authorized in § 154.416(R).
      (6)    Home occupation and accessory use prohibited. A medical marijuana facility, including any activities associated with the facility and/or an adult use marijuana establishment, including any activities associated with the establishment, may not be permitted as a home occupation or accessory use.
      (7)   Indoor activity only. All activities of a medical marijuana facility and/or an adult use marijuana establishment must be conducted indoors.
   (E)    Requirements applicable to all medical marijuana grow operations and/or adult use marijuana grow operations.
      (1)   The following requirements apply to all medical marijuana grow operations and/or adult use marijuana grow operations:
      (2)   Water/wastewater. All medical marijuana grow operations and/or adult use marijuana grow operations must submit and have approved a water/wastewater statement that describes the expected volume of water used and any on-site wastewater treatment, permits required for wastewater disposal, the expected volume of wastewater based on the number of plants permitted, and any other information required by the city.
   (F)   Requirements applicable to all medical marijuana processing facilities and/or adult use marijuana processing establishments. The following requirements apply to all medical marijuana processing facilities and/or adult use marijuana processing establishments:
      (1)   Water/wastewater. All medical marijuana processing facilities and/or adult use marijuana processing establishments must submit and have approved a water/wastewater statement that describes the expected volume of water used and any on-site wastewater treatment, permits required for wastewater disposal, the expected volume of wastewater based on the type of processing, and any other information required by the city.
      (2)   Co-location with grow operation. A medical marijuana processing facility may only be established if it is co-located in the same building with a medical marijuana grow operation in accordance with the State of Michigan's co-location requirements. An adult use marijuana processing facility may only be established if it is co-located in the same building with an adult use marijuana grow operation in accordance with the State of Michigan's co-location requirements. The facility and/or establishment must meet all applicable co-location requirements of the State of Michigan, including separation requirements between facilities and ingress and egress. When co-located, these two uses must remain co-located. If the processing facility and/or processing establishment is no longer co-located with a grow operation, the processing facility and/or processing establishment use must cease and the city may revoke the processing facility and/or processing establishment special land use. Not more than one medical marijuana processing facility can be co-located with a medical marijuana grow operation. Not more than one adult use marijuana processing facility can be co-located with an adult use marijuana grow operation.
   (G)   Requirements applicable to all medical marijuana provisioning centers and/or adult use marijuana retailers. The following requirements apply to all medical marijuana provisioning centers and/or adult use marijuana retailers:
      (1)   Co-location with grow operation and processing facility. A medical marijuana provisioning center may only be established if it is co-located in the same building with a medical marijuana grow operation and a medical marijuana processing facility in accordance with the State of Michigan's co-location requirements. An adult use retailer may only be established if it is co-located in the same building with an adult use grow operation and an adult use marijuana processing establishment in accordance with the State of Michigan's co-location requirements The medical marijuana provisioning center and/or the adult use retailer must meet the all applicable co-location requirements of the State of Michigan, including separation requirements between facilities and/or establishments and ingress and egress. When co-located, these three uses must remain co-located. If the medical marijuana provisioning center is no longer co-located with a medical marijuana grow operation and a medical marijuana processing facility, the medical marijuana provisioning center use must cease and the city may revoke the medical marijuana provisioning center special land use. Not more than one medical marijuana provisioning center may be co-located with a medical marijuana grow operation and medical marijuana processing facility. If the adult use marijuana retailer is no longer co-located with an adult use marijuana grow operation and an adult use marijuana processing facility, the adult use marijuana retailer use must cease and the city may revoke the adult use marijuana retailer special land use. Not more than one adult use marijuana retailer may be co-located with an adult use marijuana grow operation and an adult use marijuana processing facility.
      (2)   Hours of operation. The medical marijuana provisioning center and/or adult use retailer may only be open for business between the hours of 9:00 a.m. and 9:00 p.m. Monday through Thursday between the hours of 9:00 a.m. and 10:00 p.m. Friday and Saturday, and between the hours of 10:00 a.m. and 9:00 p.m. Sunday.
   (H)   Primary caregivers. Licensed medical marijuana primary caregivers as defined and authorized by the State of Michigan under Initiated Law 1 of 2008, that wish to grow medical marijuana for a qualifying patient other than themselves shall be required to comply with the following standards in order to conduct legal activities. Licensed medical marijuana primary caregivers growing 12 or less plants for their own use, not for use as a primary caregiver, and as authorized by the Michigan Regulation and Taxation of Marijuana Act, Initiated Law 1 of 2018, shall not be required to comply with the following standards.
      (1)   Location. Any site used by a licensed medical marijuana primary caregiver to grow marijuana for a qualifying patient other than themselves must meet all the following location requirements:
         (a)   Shall be located in the M-1, Light Industrial zoning district.
         (b)   Shall meet all the separation distance requirements of division (D)(1) of this section.
      (2)   Wastewater. The site and grow facility shall be designed and operated so as to minimize the amount of pesticides, fertilizers, nutrients, marijuana, and any other potential contaminants discharged into the public wastewater and/or stormwater systems.
      (3)   Odor. The site and grow facility must be equipped with an operable filtration, ventilation, and exhaust system that effectively confines odors to the interior of the building from which the odor is generated.
      (4)   Security. Marijuana grown by a registered primary caregiver or qualifying patient must be kept in an enclosed, locked facility (as defined under Initiated Law 1 of 2008) that permits access only by a registered primary caregiver or qualifying patient.
      (5)   Site plan application and review. A licensed medical marijuana primary caregiver seeking to grow marijuana for a qualifying patient other than themselves must apply for site plan approval in compliance with § 154.401. At the time of application for site plan review, the primary caregiver must provide a copy of their valid primary caregiver license and a copy of the photo registration for each qualifying patient for which they will be growing marijuana.
      (6)   State and local licensing and registration. All licensed medical marijuana primary caregivers growing marijuana for a qualifying patient other than themselves shall be subject to certificate of occupancy and business license requirements of the city and must be at all times in compliance with the laws of the State of Michigan and ordinances of the city.
   (I)   Design standards for all marijuana facilities. All development is subject to the following Design Guidelines and must comply with the following guiding principles. Each project shall include the complete renovation of an existing building to include the guiding principles for design. Any new construction shall conform to all of the following guiding principles. The Planning Department will provide feedback on the project's compliance with these principles and compliance during the approval process.
      (1)   Appropriate site design. All development should be appropriate for its context, with building height, setbacks, orientation, lighting, and signage all designed to fit with the surrounding area.
         (a)   For large developments, cluster buildings to allow for shared circulation and parking, easy access to common outdoor spaces and promote pedestrian safety.
         (b)   Building density should fit within the surrounding area.
         (c)   Create a strong street wall or comply with setback requirements of the district.
         (d)   Provide clear building and site signage. All signage (including wayfinding, directory and wall signs) shall have a unified design theme.
         (e)   Illuminate all parking areas, entrances and walkways to improve safety. All lighting shall be directed away from the street and avoid spillover impacts onto adjacent properties. Light sources should be integrated within the building and shielded to reflect down onto the ground.
      (2)   Site access and circulation. Provide adequate access and maneuverability for trucks and cars while paying special attention to the attractiveness of the street frontage and conflicts with streets and pedestrian paths.
      (3)   Parking, loading, and outdoor storage. Screen and locate parking, loading, and outdoor storage areas toward the side or rear of the property away from public streets. To mitigate negative impacts from industrial uses, sites should provide natural buffers to rights-of-way and adjacent uses. Parking Standards shall be met for each use (retailer, processor, grower) per § 154.065 (Off Street Parking and Loading Requirements).
      (4)   Building form and materials. Buildings shall be designed or remodeled to avoid the appearance of long, blank walls and use high-quality building materials to enhance key elements such as entrances and corners.
         (a)   All buildings shall be compatible in scale, massing and style with structures in the area.
         (b)   Vary and articulate all facades to avoid large monotonous walls. Where the building mass cannot be broken up, building walls may be articulated through the use of texture, color material changes or other façade treatments. Entrance facades shall have a high level of detail. Entranceways shall be emphasized through special design to highlight the entrance location to include, awnings, porches or porticos.
         (c)   Brick shall be the primary wall covering with variations of design and layout to enhance the exterior of the building.
         (d)   Use of quality building materials that convey a sense of permanence.
      (5)   Walls and fences and landscaping. Walls and fences are attractive, durable, and used to provide screening or security in certain areas of the site, rather than "wall off" the entire facility. Site landscaping is used to offset expanses of impervious surfaces and soften visual impacts of buildings, parking/loading, outdoor storage, and detention ponds.
         (a)   Parking areas shall have a three foot high (as measured from grade) brick walls that shield the parking lot from the public right of way.
         (b)   Any fencing on the lot shall not exceed six feet in height (as measured from grade) unless otherwise required by the Cannabis Regulatory Agency or its successors and be decorative aluminum or steel fencing. There shall be no razor wire or barbed wire on the site.
         (c)   All fencing shall be located in the rear or side of the lot and building. No front yard fences are permitted.
         (d)   Landscaping shall be compatible with and integrated with the building and suitable to the functions of the space. A narrow row of landscaping is prohibited. The site shall be maximized to include landscaped areas.
         (e)   Provide canopy trees in planting areas and parking areas.
         (f)   Foundation plantings are required and to include a mix of evergreen and perennial plantings.
         (g)   Automatic irrigation is required in all landscaped and grass areas.
         (h)   Landscape plans shall be completed by a registered Landscape Architect.
      (6)   Sustainable design. Site and building design should utilize design strategies that decrease energy use, reduce urban heat island effects, manage stormwater runoff, and naturally mitigate air pollution resulting from industrial operations and traffic.
         (a)   Orient buildings to take advantage of passive heating, cooling and daylighting opportunities.
         (b)   Integrate solar panels to offset on-site energy needs.
         (c)   Employ stormwater management solutions such as green roofs, permeable pavement, underground retention and bioswales.
      (7)   Safe site and design for community policing. Site layout should be designed to provide clear site distances and visibility for safety and approachability for Police Department interaction.
         (a)   Integrate Crime Prevention Through Environmental Design (CPTED) principles in the site and building design consistent with the Cannabis Regulatory Agency or its successor's guidelines. The design will include the five elements of CPTED:   
            1.   Natural access control;
            2.   Natural surveillance;
            3.   Territoriality;
            4.   Activity support; and
            5.   Maintenance.
(Ord. 10-016, passed 6-7-10; Am. Ord. 17-002, passed 9-25-17; Am. Ord. 18-002, passed 2-5-18; Am. Ord. 18-022, passed 9-24-18; Am. Ord. 18-024, passed 12-3-18; Am. Ord. 20-007, passed 11-23-20; Am. Ord. 24-010, passed 10-28-24; Am. Ord. 25-005, passed 7-21-25)

§ 154.166 OUTDOOR SEATING AND DINING.

   (A)   Location. Outdoor seating and dining areas shall be located immediately adjacent to the establishment with which it is associated. Outdoor seating and dining areas shall not encroach upon any public right-of-way. A minimum of five feet of sidewalk shall be maintained free of tables and other encumbrances.
   (B)   Defined area. If alcoholic beverages are to be served, outdoor seating and dining areas must be enclosed by a barrier, a minimum of three and one-half feet in height above the ground. The barrier must be decorative and cannot restrict visibility in or out of the area.
   (C)   Capacity. Outdoor seating and dining areas shall not exceed 25% of the total seating for the establishment.
   (D)   Furniture storage. Tables, chairs, table umbrellas, railings, planters, posts, and other items shall not be stored outside during the off-season.
   (E)   Noise. No music, intercom, or other noise shall be permitted that impacts adjacent properties per the standards of § 154.176.
   (F)   Patron entrance and exit. Patron entrance and exit from the enclosed outdoor seating and dining areas at establishments serving alcohol may only occur through the main establishment. The enclosed area shall have an approved fire emergency exit. The emergency exit shall have an alarm to alert the establishment in the event of unauthorized use when no emergency exists.
   (G)   Food and beverage service. All food and beverages shall be prepared within the main establishment. The service of alcoholic beverages is subject to the current state Liquor Control Commission rules and regulations.
(Ord. 11-002, passed 1-10-11)

§ 154.167 MASSAGE THERAPY AND SERVICES.

   Facilities and individuals offering therapeutic massage or unlicensed massage services shall be subject to the following conditions.
   (A)   Hospitals, sanitariums, nursing homes, medical clinics or the offices of physicians, surgeons, chiropractors, osteopaths, psychologists, clinical social workers or family counselors who are licensed to practice in the state shall be permitted to provide massage therapy services as an accessory use within the principal building.
   (B)   Therapeutic massage facilities and physical therapy facilities shall be deemed to be personal service establishments and may operate in any district in which personal service establishments are permitted as a principal permitted use or special use.
   (C)   Therapeutic massage facilities shall only offer massage therapies that are licensed pursuant to Public Act 471 of 2008, as amended. Unlicensed massage services and massage therapy practices for which a license is not required as identified in § 17957 of Public Act 471 of 2008, as amended, are prohibited.
   (D)   A licensed massage therapist may operate a home occupation, subject to the provisions of § 154.164.
   (E)   Massages administered only to the scalp, face, neck or shoulders shall be permitted within beauty salons or barber shops.
   (F)   Any unlicensed or unregistered individual not operating under a physician’s direction providing massage services to any area of the body other than the scalp, face, neck or shoulders shall only provide those services within an unlicensed massage parlor or establishment.
   (G)   Unlicensed massage parlors or massage establishments are deemed regulated uses and shall be subject to the provisions of § 154.163.
   (H)   All massage therapists shall be licensed in accordance with the requirements of Public Act 471 of 2008, as amended. Proof of such licenses shall be provided to the city and shall be posted in a location visible to customers. The licensee’s home address does not need to be visible.
(Ord. 12-010, passed 11-19-12; Am. Ord. 22-001, passed 1-24-22)

§ 154.168 HOOKAH CLUBS.

   Hookah clubs shall be subject to the following conditions.
   (A)   Hours of operation. Hookah clubs shall not operate past 2:00 a.m. any day of the week.
   (B)   Noise and sound systems. No speakers, live music or other forms of vocal performance or announcement shall be discernable at the property line of any adjacent residentially used or zoned lot. Any establishment that is providing such equipment or uses shall not have a door or window along a facade that is facing a residentially used or zoned lot.
   (C)   Air quality control. Hookah clubs shall abide by and continue to operate under all state standards for air handling and quality required to obtain a tobacco specialty retail store exemption from the state’s smoking prohibition enacted by Public Act No. 188 of 2009, as amended. No smoke or odor produced within the hookah club shall be discernable at the property line of any adjacent lot.
   (D)   Fire safety compliance. The operations within a hookah club, including, but not limited to, the heating or vaporizing of any product, shall comply with all safety and operational requirements of the National Fire Code and the City Fire Marshal.
   (E)   Area of operation. All activity related to the hookah club shall be located inside the primary building, except for the parking and loading of vehicles.
   (F)   Carry-out items. No disposable hookah pipes and or related products shall be offered as a to-go item to customers.
(Ord. 22-001, passed 1-24-22)

§ 154.169 CIGAR LOUNGES.

   Cigar lounges shall be subject to the following conditions.
   (A)   Setback requirement. A cigar lounge club shall be setback a minimum of 1,000 feet from another cigar lounge, as measured from the nearest point on a lot line of the cigar lounge property to the nearest point on the lot line of any other cigar lounge property.
   (B)   Air quality control. Cigar lounges shall abide by and continue to operate under all state standards for air handling and quality required to obtain a cigar bar exemption from the state’s smoking prohibition enacted by Public Act No. 188 of 2009, as amended. No smoke or odor produced within the cigar lounge shall be discernable at the property line of any adjacent lot.
   (C)   Fire safety compliance. The operations within a cigar lounge, including, but not limited to, the heating or vaporizing of any product, shall comply with all safety and operational requirements of the National Fire Code and the City Fire Marshal.
   (D)   Area of operation. All activity related to the cigar lounge shall be located inside the primary building except for the parking and loading of vehicles.
(Ord. 22-001, passed 1-24-22)