To provide additional use standards, or more discretion, to uses that may have a negative impact on the health, safety, and public welfare of the community. The additional use standards mitigate any adverse impact. Some accessory uses are listed in this section (e.g., pools, parking and storage of commercial vehicles), but the main source of uses is from Section 2.07, Table of permitted land uses by zoning district. The provisions of this article are the minimum requirement, or in some instances, the maximum permitted limitation.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

Roof-mounted systems on buildings or accessory structures are permitted by right, subject to the following:

1)

Flat or mansard roofs: The system may extend up to ten feet above the highest point of the roof, excluding chimneys, antennae and other similar protuberances.

2)

Pitched roofs: The system cannot exceed the peak height of the roof.

3)

Rooftop equipment classification: The system is not classified as rooftop equipment.

B)

Freestanding systems are permitted by right, subject to the following:

1)

Height and area: Each unit may be erected to a height not exceeding 15 feet and an area not exceeding 150 square feet. The units must be placed entirely in the rear yard within the area defined by the extended building lines and cannot exceed 25 percent of the rear yard area. The following exceptions are allowed:

a)

On waterfront lots, systems may be located in the yard facing the street.

b)

On thorough lots, systems may be located toward the street side of the principal building on the less traveled street, unless deemed impractical by the Director of Public Services.

2)

Setback and quantity: Systems must be set back at least 20 feet from side and rear property lines and are limited to two units per parcel. Guy wires are not allowed.

3)

Impervious surface requirements: Systems count towards the total lot coverage and must meet the impervious surface requirement.

C)

All systems, their casing and exterior finishes must be matte and designed and located to prevent reflective glare toward any inhabited structure on adjacent properties and adjacent street rights-of-way.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

In the NR-B Zoning District, duplexes and multiple-family units (up to four units) are permitted by right only in the following areas (the NR-B Overlay):

A)

Both sides of Harcourt Street from Jefferson Avenue to Windmill Pointe Drive.

B)

The northeast side of Trombley Street from Jefferson Avenue to Windmill Pointe Drive.

C)

Properties between Windmill Pointe Drive and Lakeview Court.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

The multiple-family dwelling must be located on a corner lot. This location requirement may be waived by the Planning Commission who may approve the placement of said dwelling anywhere within the NR-C District as a special land use.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

Must be located in the rear yard.

B)

The outside edge of the pool must be setback at least ten feet from any side street or alley right-of-way, or property line.

C)

Must be a distance of not less than four feet between the outside pool wall and any building located on the same lot.

D)

Must be located at least 35 feet from any front lot line and cannot be located in an easement.

E)

In accordance with the Michigan Building Code, all areas containing swimming pools must be completely enclosed by a fence not less than four feet in height. The gate must be of a self-closing and latching type, with the latch on the inside or above the gate, no less than four feet above grade and not readily available for children to open. Gates must be capable of being securely locked when the pool is not in use for extended periods. However, in the event the wall of a dwelling or structure serves as part of the barrier and where doors, gates, or windows provide direct access to the swimming pool, then the pool must be covered by a safety cover that is listed and labeled in accordance with ASTM F1346 when not actively in use, and an audible alarm of no less than 80db shall be provided at the doors or gates entering the pool area with the disabling controls no less than four feet above the floor.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

Application process. Applications are made to the Building Official and include the following:

1)

Scaled and dimensioned site plan of the property showing the following:

a)

Location of all structures on the property (principal and accessory structures);

b)

Proposed location of the ADU;

c)

Setbacks of the proposed ADU from the property lines and all structures;

d)

Designated parking area for the ADU;

e)

Landscaping or fencing for the ADU.

2)

Scaled and dimensioned floor plan. Showing the kitchen, bathroom, sleeping area, entry stairs, porches, or entrances, total square footage of the ADU, and the gross square footage of the principal dwelling.

B)

Standard for approval.

1)

Number allowed. One ADU maximum is permitted on a property.

2)

Location and setbacks. The ADU must comply with all setbacks for accessory buildings in the zoning district.

3)

Size and occupancy.

a)

Must have a floor area of no less than 400 square feet and no greater than 50 percent of the footprint of the principal dwelling.

b)

The maximum lot coverage must be met.

c)

Either the principal dwelling unit or the ADU must be owner-occupied.

4)

Height. Must comply with the height requirements for accessory buildings in the zoning district.

5)

Orientation. Windows facing an adjoining residential property must be designed to protect the privacy of neighbors, unless fencing or landscaping is provided as screening.

6)

Property requirements.

a)

An ADU counts towards the maximum number of permitted accessory structures on the lot.

b)

An ADU must be connected to an approved water and sewer system.

c)

An ADU cannot be sold separately.

d)

The ADU must have one dedicated parking space in addition to one parking space for the principal structure.

e)

A property with an ADU cannot have a short-term rental on the same property.

C)

Deed restrictions. After ADU construction is complete and a certificate of occupancy has been obtained, the property owner shall file with the County Register of Deeds a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner, which shall state the following:

1)

The use permit for the ADU shall be in effect only so long as either the main residence or the ADU is occupied as the principal residence by the applicant.

2)

The ADU is restricted to the approved size.

3)

The ADU shall not be sold separately.

4)

All above declarations shall run with the land and are binding upon any successor in ownership.

5)

The deed restrictions shall lapse upon the removal of the ADU.

D)

Review process.

1)

Approving authority. The Building Official shall be the approving authority and shall use the criteria listed in subsection B.

2)

Notice to adjacent property owners. After the Building Official receives a complete application for an ADU and determines that the application meets all the standards for approval, a notice shall be provided to all property owners within a 300-foot radius of the subject property with a description of the ADU request.

3)

Public hearing and Planning Commission review. A notified property owner may request a public hearing and review by the Planning Commission. To initiate a hearing by the Planning Commission, the noticed property owner shall provide a written request to the Building Official describing the specific reasons for the request. The due date for the public hearing request must be submitted to the Building Official within 15 days after the public notice is postmarked. The Planning Commission may approve an ADU with conditions if necessary to ensure compatibility with adjoining or nearby residential properties, or to protect the health, safety, and general welfare of the neighbors or the public.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

One additional structure less than 200 square feet is permitted.

B)

Accessory structures may be in a side yard provided they meet the minimum setback for the principal structure and the combined area of the principal and accessory structure cannot exceed the maximum allowable lot coverage.

C)

A minimum 5-foot side yard setback is required for all utility use structures without an exterior rated wall assembly as approved by the Code Official.

D)

Accessory structures not to exceed 25 feet (measured to the midpoint of the peak and eave) provided maximum rear yard coverage of 25 percent.

E)

The size of accessory structures, whether singular or cumulative, in residential districts is limited to the lesser of:

1)

35 percent of a required rear yard.

2)

1,000 square feet per structure.

3)

75 percent of the footprint of the principal structure.

F)

All accessory structures having a roof and walls must have a slab foundation and rat wall. Accessory structures of more than 400 square feet must have a footing that complies with the adopted Building Code.

G)

On any corner lot in a residential district, no part of any accessory structure can be closer to the exterior or street side lot line than the setback required for the principal structure.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

Approving authority:

1)

Home occupation: None;

2)

Home-based business type 1: Building Official;

3)

Home-based business type 2: Planning Commission special land use approval.

B)

Standards:

Footnotes to table:

1)

The delivery and pickup of goods and materials used and/or produced in the operation of the home occupation is limited to the customary delivery and pickup of mail and packages by the United States Postal Service, or by alternative private delivery service, that is common to other residential properties. Such deliveries and pickups shall not require a vehicle larger than a step-type van.

2)

Materials, supplies, and merchandise must be stored within a principal or accessory structure in a manner that does not pose a safety hazard to the dwelling, dwelling occupants, or adjoining properties and occupants, and cannot result in a change of use of the property or an activity prohibited by the Building Code.

3)

On-site pick-up of items is limited to arts and crafts produced on the premises; items commonly traded, such as coins, stamps, and antiques; incidental supplies related to the home-based business; and merchandise produced by the home-based business.

C)

Inspections. All type 1 and type 2 home-based businesses are subject to inspection per Chapter 10 of the City Code, and compliance is required before a home-based business permit will be issued.

D)

Performance standards for noise. The business shall not generate noise, vibrations, smoke, dust, odor, heat, or glare which are detectable beyond the property lines.

E)

Recreational lessons/instruction. May produce noise generated by a person's voice or noise produced by a person's recreational activity that is detectable beyond the property lines. Furthermore, the business shall not generate any electrical interference with radio or television transmission in the area that would exceed that which is normally produced by a residential dwelling unit.

F)

Exemptions.

1)

Garage and block sales. See Section 3.14, Temporary uses.

2)

The sale of horticultural products grown on the premises may be sold on the premises and is exempt from this section.

3)

Piano lessons and similar fine arts lessons are exempt per State law.

G)

Prohibited home occupations and home-based businesses:

1)

Any repair of motorized vehicles such as engine repair, painting, or body work to automobiles, trucks, trailers, boats, heavy equipment, and lawn or landscaping equipment.

2)

Exterior parking and storage of heavy equipment not typically found in residential areas.

H)

Enforcement. Violations of this section shall result in the penalties noted in the chart above. Whenever the Director of Public Services determines that there has been a violation of any provision of this section, they shall give notice of such violation to the person responsible as prescribed in Chapter 10 of the City Code. In case any violation is not remedied within the time set forth in the notice, the following action shall be taken:

1)

A home occupation is required to apply for a type 1 or type 2 home-based business.

2)

A type 1 home-based business permit will be revoked or required to apply for a type 2 home-based business.

3)

A type 2 home-based business must have a hearing before the Planning Commission.

4)

The person subject to a violation of a type 2 home-based business permit shall appear and present evidence in response to the enforcement notice to the Planning Commission. During the hearing, the Building Official or designated representative shall specify the violation(s) that exists, and the remedial action required. The Planning Commission shall then determine whether to revoke the home-based business permit, allow additional time to remedy the violation, or impose additional conditions to remedy the violation(s).

5)

In addition to revocation described above, a person who violates or fails to comply with any provision of this section is responsible for a municipal civil infraction and subject to the civil fines set forth in the schedule of fees and charges or any other relief that may be imposed by the court. Each act of violation and each day upon which such violation occurs shall constitute a separate violation.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

Commercial vehicles. In all zoning districts, the parking or storage of any commercial vehicle which contains or has affixed to it commercial hardware, including, but not limited to, a dump truck, snowplow, or towing equipment, is prohibited. However, a commercial vehicle parked or stored which contains or has affixed to it a snowplow shall be permitted between November 15 and April 1.

B)

Recreational vehicles. Recreational vehicles, including, but not limited to, boats, jet skis, snowmobiles, truck camper bodies, travel trailers, off-road or other altered vehicles, motor homes and utility trailers, as well as their trailers for carriage or storage, may be parked or kept on any lot or parcel in any residential district subject to the following requirements:

1)

Recreational equipment parked or stored cannot have fixed connections to electricity, water, gas or sanitary sewer, and at no time shall such equipment be used for living, sleeping or housekeeping purposes.

2)

All recreational vehicles must be parked or stored in a garage.

3)

Recreational vehicles may occupy a driveway for loading and unloading purposes, not to exceed 72 hours in any 30-day period.

4)

Recreational vehicles shall be fully operable, kept in good repair and must display the current license plate and/or registration as may be appropriate under state law for the particular type of vehicle.

5)

Recreational vehicles cannot be used to store any flammable or explosive fuels or material contrary to federal, state, or local regulations.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

Approving authority. The Zoning Board of Appeals as a special exception.

B)

Additional review process. Planning Commission site plan review per Article 9, Site Plan Review.

C)

Standards.

1)

The special land use standards must be met.

2)

The ZBA must determine the parking lot/structure is necessary to support nearby users.

3)

The ZBA must determine the parking lot/structure will not negatively impact the vibrancy, walkability, or historic character of the surrounding area.

4)

The applicable standards in Article 5, Parking, Loading and Access, must be met.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

Must be located 300 feet away from a residential district, measured by property line to the nearest gas station pump. This distance considers the possibility of spills, leaks, odors, and other accidents that can occur at a gas station.

B)

Must be located on a lot with at least 150 feet of frontage along arterial roads.

C)

Must be located on a lot with at least 15,000 square feet.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

Businesses where packaged liquors or alcoholic liquors are sold for consumption off the premises.

1)

Businesses where packaged liquors or alcoholic liquors are sold for consumption off the premises, being SDD (specially designated distributor) and SDM (specially designated merchant) licenses issued by the state shall be deemed a special land use within the NMU, CBD and CMU zoning districts and requires approval by the Planning Commission in accordance with Article 11, Text/Map Amendments (Rezonings).

2)

The Planning Commission shall not approve an SDD or SDM use within the NMU, CDB or CMU districts if such proposed use or establishment is within a 500-foot distance from:

a)

An existing SDD or SDM establishment;

b)

A place of worship; or

c)

An elementary, middle, or senior high school site.

3)

The distances required under subsection 2(a) are measured along a road, street or place maintained by the City and generally open to the public as a matter of right for the purposes of vehicular traffic, not including an alley.

4)

The Zoning Board of Appeals may waive the distances required under subsection 2(a) as a special exception.

B)

A drive-thru facility may be permitted only as an accessory use in combination with a financial institution, or a café/restaurant, subject to special land use review by the Planning Commission.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

An investor-owned short-term rental established in a residential zoning district prior to (effective date of zoning appendix) shall be considered a legal nonconforming use and may continue and be maintained subject to Section 8.06, Class B regulations, if the property owner obtains a license for the use with the City in accordance with Chapter 22, Article 5 of the City Code within 120 days of the adoption of this appendix. For the purpose of this section, "established" shall mean the property was being operated as a short-term rental and possessed a valid certificate of occupancy and landlord business license at the time this appendix was adopted. An investor-owned short-term rental shall provide documentation showing that the use has been established prior to the adoption of this appendix in conjunction with the license application submitted in accordance with Chapter 22, Article 5 of the City Code.

B)

A principal residence short-term rental established prior to (effective date of zoning appendix) shall be considered a legal nonconforming use and may continue and be maintained subject to Section 8.06, Class B regulations, if the property owner obtains a license for the use with the City in accordance with Chapter 22, Article 5 of the City Code within 120 days of the adoption of this appendix. For the purpose of this section, "established" shall mean the property was being operated as a short-term rental and possessed a valid certificate of occupancy and landlord business license at the time this appendix was adopted. A principal residence short-term rental shall provide documentation showing that the use has been established prior to the adoption of this appendix in conjunction with the license application submitted in accordance with Chapter 22, Article 5 of the City Code.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

Intent. To allow for the establishment of certain temporary uses of limited duration, provided that such uses do not negatively affect adjacent properties or municipal facilities, and provided that such uses are discontinued upon the expiration of a set time period. The construction or alteration of any permanent building or structure is not considered a temporary use.

The Director of Public Services may permit uses and the occupancy of structures that are consistent with the uses otherwise permitted in a zoning district, but which are temporary and do not require the construction of any capital improvement of a structural nature. In no case shall a use not otherwise allowable in a zoning district be permitted on a temporary basis.

B)

Overview of temporary uses. The following page details a table of temporary uses differentiating between those that require a temporary use permit from the Director of Public Services and those that do not require a permit.

C)

Process. Temporary use requests will be reviewed administratively by City staff. The staff will coordinate reviews by the City Police, Fire, Planning and Department of Public Services. The submittal requirements for a temporary use permit are as follows:

1)

Complete application. A completed application and required fee.

2)

Written description. A written statement describing the requested use and the proposed hours and days of operation.

3)

Illustrative plan. An illustrative plan that shows the following, plus any other information needed to demonstrate compliance with the specific use requirements contained within this article as requested by the Public Services Director:

a)

The site boundary.

b)

Location of fire hydrants.

c)

Existing and proposed buildings/structures.

d)

Boundaries of proposed sales or activity areas.

e)

Location and method of waste disposal.

f)

Any other information deemed necessary by Planning and the Department of Public Services.

4)

Signs. Temporary signs are permitted as part of a temporary use with the following standards:

a)

Signs must be in the same location as the vendor/display.

b)

Signs located on a canopy or vending unit must be banner.

c)

Signs located apart from a canopy or vending unit must be a yard sign or sandwich board sign.

d)

Signs must meet the standards listed in Article 7, Signage.

5)

Proof of ownership/property owner permission. Proof of ownership or, if the applicant is not the owner of the land, written permission from the owner to use the property for said use. If the activity is proposed to occur in public right-of-way, then the Public Services Director must provide written permission.

6)

Liability Insurance. Applicants must submit their insurance information, including company and policy number, with a temporary use application.

7)

Additional permits/Approvals. Applicant must acquire all outside agency permits and approvals, if necessary.

D)

Prohibited and violations.

1)

Alteration/construction of a permanent building. The construction or alteration of any permanent building or structure is not considered a temporary use.

2)

No negative impact on adjacent properties or municipal services. Temporary uses cannot negatively affect adjacent properties or municipal facilities.

3)

Use not allowed in zoning district. The temporary use must be consistent with the uses permitted in a zoning district.

4)

Violations. If a temporary use violates any of its standards, it must cease operations and receive approval from the Director of Public Services for subsequent operation.

E)

Types of temporary uses. Various temporary uses have different allowable durations and standards. See Article 15, Administration and Enforcement, for more information.

1)

Construction buildings, structures and storage. Temporary construction buildings, structures or storage require a permit and shall be reviewed in accordance with the following standards:

a)

Duration. Temporary construction buildings or structures or storage are permitted for a period of up to 12 months. An additional extension can be approved at the time of application submission by the Director of Public Services or their designee.

b)

Loading zone. Uses cannot be located within the designated loading zone.

c)

Landscaping. Landscaping may be required based on site location, visibility and duration of the temporary building, structure or storage.

d)

Electrical permit. If electricity is required, an electrical permit must be obtained.

e)

Trailer design standards. Trailers must meet the following requirements:

(1)

One trailer per builder or contractor.

(2)

Setback requirements for the zoning district must be met.

(3)

Trailer must be anchored per Department of Public Services requirements.

(4)

Trailer must have skirting.

(5)

Trailer must meet Michigan building code, Michigan OSHA, and Michigan barrier free requirements.

(6)

Trailer must have one ten-pound ABC fire extinguisher.

f)

Storage under trailer. Storage of materials under the trailer is not permitted.

g)

Circulation. Roads and parking areas within the construction site must have an all-weather surface capable of supporting a fire apparatus.

h)

Certificate of occupancy. All equipment, materials, goods, poles, wires and other items associated with the temporary building shall be removed from the premises within five days of issuing a final certificate of occupancy.

2)

Established business seeking special land use (three months). For established businesses that experience a change in ownership and no change in business use or building footprint, and that are required to pursue a special land use permit to continue operating, these businesses may operate with a temporary use permit at the discretion of the Public Services Director, or their designee. The temporary use permit expires three months after Department of Public Services approval. No extensions are allowed. The purpose of this temporary use is to allow established businesses to continue operating while they pursue their special land use and site plan obligations. This use is not for new businesses that are not established in the community. It is for businesses with a recent change in ownership.

3)

Mobile vending. Mobile vending is the act of selling items, usually food, from a vehicle that is not permanently affixed to the site of sale and can be readily transported to and from that site. Listed below are the types of mobile vendors and general standards. Mobile vendors must obtain a temporary use permit to operate. Permitted locations of operation are commercial, parks and parking lots. Vendors must abide by all general standards listed below.

a)

General standards. When applicable:

(1)

Property owner permission. The mobile vendor must provide evidence of written permission from the owner of the site. A vendor that extends beyond the property lines shall require the permission of the affected property owners. If the site is located on public property and in front of a storefront, then the vendor must receive the business owner's permission to operate at that location.

(2)

City permission (if public space). The mobile vendor must acquire an outdoor café permit if operating in public space and shall submit:

(a)

Proof of insurance with coverage and terms to be defined by the City Attorney.

(b)

A statement indemnifying the City from liability in a form deemed sufficient by the City Attorney.

(3)

Duration. Permits may be granted for special events on public or private property lasting no more than 24 hours with a maximum of six events per calendar year.

(4)

Maintain pedestrian walkway. If a vendor is located on a public sidewalk, a minimum of five feet of unobstructed, pedestrian access along the sidewalk shall be maintained. Sufficient room shall also be provided to allow car doors to open along the curbside.

(5)

Parking area. The use occupies less than 25 percent of the required business parking area. No vendor can obstruct or place their display within accessible, barrier-free parking spaces.

(6)

Traffic and motor vehicle code. Mobile vending shall be subject to City traffic ordinance.

(7)

Health code. Vendors must comply with all health requirements of the state or county health departments.

(8)

Noise control. Mobile vending shall be subject to city noise ordinance.

(9)

Contain materials. Vendors must contain all materials and supplies in the mobile vending unit and shall not store supplies or other materials on public property.

(10)

Unattended vending unit. A mobile vending unit cannot be left unattended for longer than 15 minutes.

(11)

Hours of operation. No mobile vendor can operate between the hours of midnight and 7:00 a.m.

(12)

Trash management. A mobile vending unit or mobile food vending unit must always keep the areas around its vending operation clean and free from litter, garbage and debris. A vendor shall remove all garbage and debris originating from its vending operation from the city and shall not dispose of its garbage and debris in city trash receptacles or city trash compactors unless authorized by the city. Unless authorized by the city or by a private entity via a shared dumpster agreement, a vendor must supply their own trash receptacle.

(13)

No outdoor cooking. A mobile food vendor shall at no time make use of any outdoor cooking facilities, including grills.

(14)

Public utilities. Vendors shall not connect a mobile vending unit or a mobile food vending unit to a source of city electricity, water, or sewer, unless permitted by the Director of Public Services.

(15)

Protect public property. Public property must not be altered, and permanent fixtures of any kind shall not be installed on public property by the vendor unless authorized by the city. A mobile vending unit shall not be secured or affixed to any public structure unless authorized by the city.

(16)

Outdoor dining. A mobile vendor may set up an outdoor dining area if the design complies with the general standards for mobile vending, including parking area standards, and the standards for outdoor dining.

4)

Outdoor dining. Outdoor dining, whether on private property or at public sidewalk cafés, improves the general business climate and activates exterior space. Outdoor dining is permitted immediately adjacent to, accessory to and abutting the principal use of a business. Outdoor Dining operations are subject to review by the Director of Public Services with the conditions below.

a)

Public outdoor dining/sidewalk café. Establishments must submit a statement indemnifying the City from liability in a form deemed sufficient by the Director of Public Services. Permits for public outdoor dining expire after 365 days.

b)

Maintain pedestrian walkway. If an outdoor café is located on a public sidewalk, a minimum of five feet of unobstructed, pedestrian access along the sidewalk must be maintained. Sufficient room must also be provided to allow car doors to open along the curbside.

c)

Hours of operation and site maintenance. All outdoor activity including cleaning, maintenance and closing procedures must cease at the close of business. The cafe must be free of debris and litter.

d)

Furniture design standards. The tables, chairs, fencing, and other aspects of the cafe must be designed to be architecturally compatible with existing structures on the subject property. The tables and chairs cannot be permanently anchored to the ground.

e)

Plot plan requirements. Reviews of outdoor dining facilities include, but are not limited to, the following elements: tables, chairs, umbrellas, portable heating elements, barriers, service stations, landscaping/plantings, utilities, awnings, canopies, lighting, host/hostess stands, entertainment, valet operations, and any other adjacent neighboring outdoor dining facilities.

f)

Storage. When not used in a daily fashion, the storage of the outdoor dining facility must be indoors and concealed from public view.

g)

Months of operation. Outdoor dining is only permitted during the months of May through November, unless the applicant sufficiently demonstrates to the Public Services Director that this period should be expanded based on the circumstances of the use, such as if weather permits or an individual specific event is planned.

h)

Codes. The cafe must meet all county, state, and federal requirements for food sales, liquor control, building, fire and other relevant regulations.

i)

Permit required. Outdoor dining at any location is not permitted without a city-issued permit.

5)

Outdoor sales. The outdoor display of products by a permanent business establishment or temporary retail operations including but not limited to farmer's market, sidewalk sales, seasonal sales (e.g., Christmas trees, pumpkins), art, vehicles. Outdoor sales do not include food or fireworks. Outdoor sales areas, except as otherwise provided in this appendix, are expressly prohibited. However, temporary outdoor sales may be approved by the Director of Public Services after obtaining a permit. Permits are not required for the outdoors sales by charitable organizations and non-profits (e.g., Girl Scout vendors). Permits are also not required for businesses that have an active business license if the sale is adjacent to their building. Listed below are the types of outdoor sales and general standards. Permitted locations of operation are commercial, parks and parking lots. Vendors must abide by all general standards listed below.

a)

General standards. When applicable:

(1)

Property owner permission. The vendor must provide evidence of written permission from the owner of the site. A vendor that extends beyond the property lines shall require the permission of the affected property owners. If the site is located on public property and in front of a storefront, then the vendor must receive the business owner's permission to operate at that location.

(2)

City permission (if public space). The vendor must provide evidence of written permission from the Office of the Director of Public Services if operating in public space.

(3)

Location. The items proposed to be sold outdoors are related to and displayed immediately adjacent to an existing licensed place of business.

(4)

Duration. Outdoor sales are limited to three per calendar year per business, for up to 90 days per occurrence.

(5)

Maintain pedestrian walkway. If a vendor is located on a public sidewalk, a minimum of five feet of unobstructed, pedestrian access along the sidewalk must be maintained. Sufficient room must also be provided to allow car doors to open along the curbside.

(6)

Parking area. The use occupies less than 25 percent of the required business parking area. No vendor can obstruct or place their display within accessible, barrier-free parking spaces.

(7)

Traffic and motor vehicle code. Vendors must abide by City ordinance.

(8)

Health Code. Vendors must comply with all health requirements of the state or county health departments.

(9)

Noise control. Vendors must abide by City ordinance.

(10)

Contain supplies. Vendors must contain all materials and supplies in the display and shall not store supplies or other materials on public property.

(11)

Unattended vending units. A vending display cannot be left unattended while on a public sidewalk for longer than 15 minutes.

(12)

Hours of operation. No vendor can operate between the hours of 11:00 p.m. and 7:00 a.m.

(13)

Trash management. A vendor must always keep the areas around its vending operation clean and free from litter, garbage and debris. A vendor shall remove all garbage and debris originating from its vending operation from the city and shall not dispose of its garbage and debris in city trash receptacles or city trash compactors unless authorized by the city.

(14)

Public utilities. Vendors cannot connect a pushcart or vending display to a source of city electricity, water or sewer, unless permitted by Director of Public Services.

(15)

Protect public property. Public property shall not be altered, and permanent fixtures of any kind shall not be installed on public property by the vendor unless authorized by the city. A pushcart or vending display cannot be secured or affixed to any public structure unless authorized by the city.

6)

Pop-Up. A pop-up is a use that activates a site, indoors or outdoors, with a temporary purpose. A pop up frequently takes over an existing building or use, for example a retail, restaurant or art gallery popup.

a)

General standards.

(1)

Property owner permission. The vendor must provide evidence of written permission from the owner of the site. A vendor that extends beyond the property lines shall require the permission of the affected property owners. If the site is located on public property and in front of a storefront, then the vendor must receive the business owner's permission to operate at that location.

(2)

City permission (if public space). The vendor must provide evidence of written permission from the Office of the Director of Public Services if operating in public space.

(3)

Maintain pedestrian walkway. If a vendor is located on a public sidewalk, a minimum of five feet of unobstructed, pedestrian access along the sidewalk shall be maintained. Sufficient room shall also be provided to allow car doors to open along the curbside.

(4)

Parking area. The pop-up use must occupy less than 25 percent of the required business parking area.

(5)

Traffic and motor vehicle code. Outdoor displays are subject to the traffic and motor vehicle code. Vendors must not block or impair vehicular or pedestrian travel.

(6)

Health code. Vendors must comply with all health requirements of the state or county health departments.

(7)

Noise control. Vendors must comply with City noise ordinance.

(8)

Contain supplies. Vendors must contain all materials and supplies in the pop-up and shall not store supplies or other materials on public property.

(9)

Hours of operation. No vendor can operate between the hours of 3:00 a.m. and 8:00 a.m.

(10)

Trash management. A vendor shall always keep the areas around its vending operation clean and free from litter, garbage and debris. A vendor shall remove all garbage and debris originating from its vending operation from the city and shall not dispose of its garbage and debris in city trash receptacles or city trash compactors unless authorized by the city.

(11)

Public utilities. Vendors shall not connect a pushcart or vending display to a source of city electricity, water, or sewer, unless permitted by the Director of Public Services.

(12)

Protect public property. Public property cannot be altered, nor shall permanent fixtures of any kind be installed on public property by the vendor unless authorized by the city. A pushcart or vending display cannot be secured or affixed to any public structure unless authorized by the city.

7)

Portable moving and storage containers and roll-off dumpsters. Portable moving and storage containers and roll-off dumpsters require a permit and shall be reviewed in accordance with the following standards:

a)

Portable on-demand storage structures may be allowed by the Public Services Director on any lot, subject to the following regulations:

(1)

The portable on-demand storage structure may be placed on a lot for a period not to exceed 60 days in a calendar year, or as approved by the Public Services Director.

(2)

Up to two portable on-demand storage pods may be located on-site if the Public Services Director has issued a building permit. The time period for the storage pod shall coincide with the effective dates of the building permit but may be extended for the storage pod by the Public Services Director if there is substantial progress or construction activity toward completion.

(3)

In the event of flood damage, fire damage, asbestos removal or similar catastrophes or emergency repairs, the Public Services Director may allow up to two portable on-demand storage structures during the period of emergency repair. Time extensions may also be granted by the Public Services Director.

(4)

The portable on-demand storage structure must be placed behind the front building line of the structure and in no case closer than 15 feet from the front lot line, as determined by the Public Services Director.

b)

Dumpster roll-off containers. A dumpster roll-off container may be allowed by the Public Services Director, subject to the following regulations:

(1)

In a residential zoning district, a dumpster roll-off container may be permitted by the Public Services Director for a maximum of five days. This may be extended by the Public Services Director if the site has been issued a building permit, and if there is substantial progress or construction activity.

(2)

The dumpster roll-off container must be placed on a driveway and be situated in order to maintain adequate sight distance from the public right-of-way. This does not apply to dumpster roll-off containers that are permitted under a right of way permit.

(3)

In non-residential zoning districts, a dumpster roll-off container may be permitted by the Public Services Director for a maximum of 10 days. This shall exclude any operations where the use of dumpster roll-off containers are related to manufacturing or processing.

8)

Tents/canopies/bounce houses. Public is defined as any space that is public or quasi-public, such as a park, parking lot, church and commercial property (areas where members of the public can access). Private is defined as private use within one's residential property.

a)

Tents or canopies, 10×10 SF or less. A permit is not required. Must meet general standards.

b)

Tents or canopies, greater than 10×10 SF. A special event permit is required. Must meet general standards.

c)

Bounce house, public. A temporary use permit is required. Additionally, a special event permit may be required. Must meet general standards.

d)

Bounce house/canopy/tent, private residential. No permit is required. Must meet general standards.

e)

General standards. When applicable:

(1)

Operation standards. Rental of membrane structures for the purpose of special events such as graduations, weddings, and other similar events or the use of membrane structures for temporary storage is permitted on residential properties for a period of time up to seven days.

(2)

Prohibited uses. Membrane structures used for the purpose of parking or storage of vehicles, recreation vehicles and/or equipment, maintenance equipment and utility trailers are prohibited.

9)

Yard sales, garage sales, estate sales, block sales, auctions, or other similar events.

a)

Yard sales. When the City declares a yard sale day, no permit is required. Use must meet general standards.

b)

Garage sales, estate sales, auctions. A permit is required.

(1)

A permit shall be obtained from the Department of Public Services, and a nominal fee shall be charged in an amount to be decided by resolution of the City Council from time to time.

(2)

The permit shall be valid for the length of the garage sale. No sale may operate for more than three consecutive days.

(3)

Individual residences are permitted to host a maximum of three garage sales per year, including participation in up to two block sales. Participation in a block sale counts toward the total number of sales permitted. In no instance shall any residence be involved in or host more than three garage sales per year.

c)

Block sales. A permit is required.

(1)

A block sale is a sale in which five or more homes on a block are participating.

(2)

A permit shall be obtained from the Department of Public Services, and a nominal fee shall be charged in an amount to be decided by resolution of the City Council from time to time.

(3)

The permit shall be valid for the length of the block sale. No sale may operate for more than three consecutive days.

(4)

Each residence participating in the block sale shall be listed on the permit application. Individual residences may participate in not more than two block sales per year.

d)

General standards. When applicable:

(1)

Hours of operation. No sale shall operate between the hours of 8:00 p.m. and 8:00 a.m.

(2)

Maintain pedestrian walkway. If a vendor is located on a public sidewalk, a minimum of five feet of unobstructed, pedestrian access along the sidewalk shall be maintained. Sufficient room shall also be provided to allow car doors to open along the curbside.

(3)

Noise control. Vendors must comply with Chapter 28 of the City Code.

(4)

Trash management. A vendor shall always keep the areas around its vending operation clean and free from litter, garbage and debris. A vendor shall remove all garbage and debris originating from its vending operation from the city and shall not dispose of its garbage and debris in city trash receptacles or city trash compactors unless authorized by the city.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

Location. Servicing and repair of vehicles is permitted only inside a fully enclosed building.

B)

Outside storage or parking of disabled, wrecked, inoperable, or partially dismantled vehicles cannot be permitted outside of specifically designated areas. All such areas must be screened from the rights-of-way.

C)

Vehicle sales associated with vehicle repair facilities must receive zoning approval for each use.

D)

City, county, state, and federal regulations for the storage, transportation, and disposal of oil, gasoline, and other flammable liquids must be met.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

Vehicle display parking, and circulation areas must be paved with an improved surface and include bumper guards or curbing that separates paved areas from landscaped and lawn areas. Another means may be approved by the Planning Commission.

B)

Outdoor display areas must be located a minimum of ten feet from all property lines. Display spaces must be clearly delineated on the site plan, and all display vehicles must be parked in display spaces. Display cars cannot be parked in required parking spaces.

C)

Vehicle repair association with vehicle sales must receive zoning approval for each use.

D)

A minimum 500 square foot permanent structure must be provided on the lot to serve as offices and restrooms for the vehicle sales use.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

Intent. To authorize communication facilities needed to operate wireless telecommunication systems and to provide for such authorization in a manner which will retain the integrity of neighborhoods and the character, property values, and aesthetic quality of the community at large. Recognizing the number of providers authorized to establish and operate such services and coverage, it is the further intent of this section to:

1)

Facilitate adequate and efficient provision of sites for wireless communication facilities.

2)

Establish zoning district for the establishment of wireless communication facilities, subject to applicable standards and conditions.

3)

Ensure that wireless communication facilities are situated in appropriate locations and relationships to other land use, structures, and buildings.

4)

Limit inappropriate physical and aesthetic overcrowding of land use activities and avoid adverse impact upon existing population, transportation systems, and other public services and facility needs.

5)

Promote the public health, safety, and welfare.

6)

Provide for adequate information about plans for wireless communication facilities, in order to permit the community to effectively plan for the location of such facilities.

7)

Minimize the adverse impact of technological obsolescence of such facilities, including a requirement to remove unused and/or unnecessary facilities in a timely manner.

8)

Minimize the negative visual impact of wireless communication facilities on neighborhoods, community landmarks, historic sites and buildings, natural beauty areas and public rights-of-way. This contemplates the establishment of as few structures as reasonably feasible, and the use of structures which are designed for compatibility, including the use of existing structures and the avoidance of lattice structures that are unnecessary.

9)

City Council finds that the presence of numerous support structures, particularly if located within residential areas, would decrease the attractiveness, and destroy the character and integrity of the community. This, in turn, would have an adverse impact upon property values. Therefore, it is necessary to minimize the adverse impact from the presence of numerous relatively tall support structures having low architectural and other aesthetic appeal to most persons, recognizing that the absence of regulation would result in a material impediment to the maintenance and promotion of property values, and further recognizing that this economic component is an important part of the public health, safety, and welfare.

B)

Existing wireless communication facilities are permitted as follows:

1)

An existing structure which serves as an attached wireless telecommunication facility within a nonresidential zoning district, where the existing structure is not, in the discretion of the Director of Public Services of the city, proposed to be either materially altered or materially changed in appearance.

2)

A proposed colocation upon an attached wireless telecommunication facility which had been preapproved for such colocation as part of an earlier approval by the city.

3)

An existing structure which will serve as an attached wireless telecommunication facility consisting of a utility pole located within a right-of-way, where the existing pole is not proposed to be modified in a manner which would materially alter the structure and/or result in an impairment of sight lines or other safety interests.

C)

New wireless communication facilities may be permitted as a special land uses in the CMU, Corridor Mixed Use District.

D)

All applications for wireless communication facilities must be reviewed in accordance with the following standards and conditions, and, if approved, constructed, and maintained in accordance with such standards and conditions. If the facility is approved, it must be constructed and maintained with any additional conditions imposed by either the Planning Commission or City Council in its discretion.

1)

Facilities must be:

a)

Found to not be injurious to neighborhoods or detrimental to the public safety and welfare.

b)

Located and designed to be harmonious with the surrounding areas.

c)

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

d)

Designed with the lowest height possible; the applicant must provide justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights.

2)

The following use standards must be also met:

a)

The maximum height of a new or modified support structure and antenna is the minimum height demonstrated necessary for a reasonable communication by the applicant and other entities to collocate on the structure, but not to exceed 120 feet in height. The accessory building contemplated to enclose such ground equipment is limited to the maximum height for accessory structures within the zoning district.

b)

The setback of the support structure from any residential district is at least the height of the highest point of any structure on the premises and the setback of the support structure from any existing or proposed rights-of-way or other publicly traveled roads is no less than the height of the structure.

c)

Where the proposed new or modified support structure abuts a parcel of land zoned for a use other than residential, the minimum setback of the structure, and accessory structures, must be in accordance with the required setbacks for main or principal buildings for the zoning district in which the structure is located.

d)

Unobstructed access to the support structure, for operation, maintenance, repair, and inspection purposes, which may be provided through or over an easement, must be secured. This access must have a width and location determined by such factors as the location of adjacent thoroughfares and traffic and circulation within the site; utilities needed to service the tower and any attendant facilities; the location of buildings and parking facilities; proximity to residential districts and minimizing disturbance to the natural landscape; and the type of equipment which will be needed to access the site.

e)

The division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements and conditions are met.

f)

Where an attached wireless communication facility is proposed on the roof of a building, if the equipment enclosure is proposed as a roof appliance on the building, it must be designed, constructed and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building. If proposed as an accessory building, it must conform with all district requirements for principal, building, including yard setbacks.

g)

The Planning Commission must, with respect to the color of the support structure and all accessory buildings, review and approve the same so as to minimize distraction and reduce visibility in its surroundings. It is the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition.

h)

The support system must be constructed in accordance with all applicable building codes and include the submission of a soils report from a geotechnical engineer licensed in the state. This soils report must include soil borings and statements confirming the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration (FAA), the Federal Communication Commission (FCC), and the state aeronautics commission, must be noted.

i)

A maintenance plan, and any applicable maintenance agreement, must be presented and approved as part of the site plan for the proposed facility, and designed to ensure long term, continuous maintenance to a reasonably prudent standard.

E)

Applications for wireless communication facilities which may be approved as special land uses must be reviewed, and, if approved, constructed, and maintained in accordance with the standards and conditions of this section, and in accordance with the following standards:

1)

The applicant must demonstrate the need for the proposed facility to be located as proposed based upon the presence of one or more of the following factors:

a)

Proximity to an interstate or major thoroughfare.

b)

Areas of population concentration.

c)

Concentration of commercial, industrial, and/or other business centers.

d)

Areas where signal interference has occurred due to tall buildings, masses of trees, or other obstructions.

e)

Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate.

f)

Other specifically identified reasons creating facility need.

2)

The proposal must be reviewed in conformity with the colocation requirements of this section.

F)

Application requirements.

1)

A site plan prepared in accordance with Article 9, Site Plan Review, must be submitted, showing the location, size, screening and design of all buildings and structures, including fences, and the location and size of outdoor equipment, and the location, number, and species of proposed landscaping. The site plan must include a detailed landscaping plan where the support structure is being placed at a location which is not otherwise developed, or where a developed area will be disturbed. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings and enclosure. In all cases, there must be shown on the plan, fencing, which is required for protection of the support structure and security from children and other persons who may otherwise access facilities.

2)

The application must include a signed certification by a state-licensed professional engineer with regard to the manner in which the proposed structure will fall, which certification will be utilized, along with other criteria such as applicable regulations for the district in question, in determining the appropriate setback to be required for the structure and other facilities.

3)

The application shall include a description of surety to be posted at the time of receiving a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed. In this regard, the surety shall, at the election of the applicant, be in the form of: cash; a surety bond; a letter of credit; or an agreement in a form approved by the attorney for the city and recordable at the office of the register of deeds, establishing a promise of the applicant and owner of the property to remove the facility in a timely manner as required under this section, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorneys' fees incurred by the community in securing removal.

4)

The application shall include a map showing existing and known proposed wireless communication facilities within the city, and further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the city in the location and in the area, which are relevant in terms of potential colocation or in demonstrating the need for the proposed facility. If and to the extent the information in question is on file with the city, the applicant shall be required only to update as needed.

5)

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

G)

Colocation.

1)

It is the policy of the city to minimize the overall number of newly established locations for wireless communication and wireless communication support structures within the community, and to encourage the use of existing structures attached wireless communication facility purposes, consistent with the statement of purpose and intent set forth in this appendix. Colocation is permitted when all the following are met:

a)

The wireless communication provider under consideration for colocation will undertake to pay market rent or other market compensation for colocation.

b)

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

c)

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

d)

The height of the structure necessary for colocation will not be increased beyond a point deemed to be permissible by the city, taking into consideration the several standards contained in this section.

2)

Requirements for colocation.

a)

A special land use permit for the construction and use of a new wireless communication facility cannot be granted unless and until the applicant demonstrates that a feasible colocation is not available for the coverage area and capacity needs.

b)

All new and modified wireless communication facilities must be designed and constructed so as to accommodate colocation.

c)

The policy of the community is for colocation. Thus, if a person who owns or otherwise controls a wireless telecommunication facility fails or refuses to alter a structure so as to accommodate a proposed and otherwise feasible colocation, such facility cannot be altered, expanded or extended in any respect. If a party who owns or otherwise controls a wireless communication facility fails or refuses to permit a feasible colocation, and this requires the construction and/or use of a new wireless communication support structure, the person failing or refusing to permit a feasible colocation shall be deemed to be in direct violation and contradiction of the policy, intent, and purpose of the city, and, consequently, such persons must take responsibility for the violation, and shall be prohibited from receiving approval for a new wireless communication support structure within the city for a period of five years from the date of the failure or refusal to permit the colocation. Such a person may seek and obtain a variance from the Zoning Board of Appeals if and to the limited extent the applicant demonstrates entitlement to variance relief, which, in this context, shall mean a demonstration that enforcement of the five-year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services, or that such enforcement would have the effect of prohibiting the provision of personal wireless communication services.

H)

Removal.

1)

A condition of every approval of a wireless communication facility is an adequate provision for removal of the facility by its users and owners upon the occurrence of one or more of the following events:

a)

When the facility has not been used for 180 days or more. For purposes of this subsection, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals), is considered as the beginning of a period of nonuse.

b)

Six months after new technology which is available at reasonable cost as determined by the City Council, which permits the operation of the communication system without the requirement of the support structure.

2)

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

3)

Upon the occurrence of one or more of the events requiring removal, as specified in this section, the property owner or person who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the Director of Public Services.

4)

If the required removal of a facility, or a portion thereof, has not been lawfully within 60 days of the applicable deadline, and after at least 30 days' written notice, the city may remove or secure the removal of the facility, or required portions thereof, with its actual costs and reasonable administrative charges to be drawn, collected and/or enforced from or under the security posted at the time application was made for establishing the facility, completed within 60 days of the applicable deadline, and after at least 30 days' written notice, the city may remove or secure the removal of the facility, or required portions thereof, with its actual costs and reasonable administrative charges to be drawn, collected and/or enforced from or under the security posted at the time application was made for establishing the facility.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)