Inkster City Zoning Code
SPECIAL LAND
USE STANDARDS
§ 155.111 INTENT.
(A) Each use 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 this section, in addition to applicable standards and requirements for the district in which the use is located. These minimum standards are intended to alleviate the impact from a use, which is of a size or type, or possesses characteristics, which are unique or atypical in the district in which the use is located. Special considerations are required to assure that such use will be compatible with surrounding uses and the orderly development of the district.
(B) Unless otherwise specified, each use listed in this subchapter shall be subject to all applicable yard, bulk and other standards and requirements for the district in which the use is located, §§ 155.071 through 155.082, General Development Standards, this chapter, and other applicable codes and regulations.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.112 CHILD AND ADULT FOSTER CARE FACILITIES.
(A) Site plan shall be required to be submitted.
(B) The facility shall not be attached to a multiple-family structure.
(C) The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of 1,000 square feet per person, excluding employees and/or caregivers.
(D) The property is maintained in a manner that is consistent with the character of the neighborhood.
(E) In its sole discretion, the city may determine that landscape screening is required.
(F) Appropriate licenses with the state shall be maintained.
(Ord. 792, passed 12-3-01)
§ 155.113 NURSERY SCHOOLS, DAY NURSERIES AND CHILD CARE CENTER (NOT INCLUDING DORMITORIES).
Petitioner shall comply with all state requirements of Act 47 of Public Acts of 1944, as amended.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.114 NURSING AND CONVALESCENT HOMES.
(A) Buildings of greater than the maximum height allowed in may be allowed, provided front, side and rear § 155.061, yards are increased above the minimum required yards by one foot for each foot of building height that exceeds the maximum height allowed.
(B) Wherever the off-street parking lot is adjacent to land zoned for residential purposes, a continuous and obscuring wall four and one-half feet in height shall be provided along the sides of the parking area adjacent to the residentially zoned land. The wall shall be further subject to the provisions of § 155.074.
(C) The site shall be so located as to have at least one property line abutting a major thoroughfare of not less than 86 feet of right-of-way width, either existing or proposed, and all ingress and egress to the site shall be directly onto said major thoroughfare or marginal access service drive thereof.
(D) Convalescent homes, currently abutting a thoroughfare of not less than 66 feet of right-of-way width, existing or proposed, may be allowed to expand or construct new facilities, provided other applicable portions of this chapter are complied with. All ingress and egress shall be directly onto said thoroughfare.
(E) The site shall be developed so as to create a land-to-building ratio on the lot or parcel whereby for each bed in the convalescent home there shall be provided not less than 1,500 square feet of open space. The 1,500 square feet of land area per bed shall provide for landscape setting, off-street parking, service drives, loading space, yard requirements, and space required for accessory uses. The 1,500 square feet requirement is over and above the building coverage area.
(F) No building shall be closer than 40 feet from any property line.
(G) Applicable licenses with the state shall be maintained.
(H) Review and approval of a site plan submitted to the Planning Commission pursuant to the conditions imposed under § 155.286, Site plan review.
(Ord. 792, passed 12-3-01)
§ 155.115 RELIGIOUS INSTITUTIONS.
The following conditions shall apply to all religious institutions, including religious institutions, synagogues, temples, and any associated structures utilized for educational purposes:
(A) Buildings of greater than the maximum height allowed in § 155.061 may be allowed, provided front, side and rear yards are increased above the minimum required yards by one foot for each foot of building height that exceeds the maximum height allowed.
(B) Wherever the off-street parking lot is adjacent to land zoned for residential purposes, a continuous and obscuring wall four and one-half feet in height shall be provided along the sides of the parking area adjacent to the residentially zoned land. The wall shall be further subject to the provisions of § 155.074.
(C) The site shall be so located as to have at least one property line abutting a major thoroughfare of not less than 86 feet of right-of-way width, either existing or proposed, and all ingress and egress to the site shall be directly onto said major thoroughfare or a marginal access service drive thereof.
(D) Religious institutions currently abutting a thoroughfare of not less than 66 feet of right-of-way width, existing or proposed, may be allowed to expand or construct new facilities, provided other applicable portions of the chapter are complied with. All ingress and egress shall be directly onto said thoroughfare.
(E) Religious institutions shall not be located within 1,000 feet of a second church facility to eliminate traffic and parking disruptions as well as large physical and pedestrian voids to its residential and business districts.
(F) The minimum lot width shall be 150 feet.
(G) The minimum lot area shall be two acres.
(H) Off-street parking shall be prohibited in the front setback area and within 15 feet of the rear or side property line.
(I) Buildings shall be setback according to the following dimensions:
(1) Front yard: 50 feet
(2) Side yards: 25 feet
(3) Rear yard: 50 feet
(K) Religious institutions, other religious institutions and associated educational facilities shall be the sole use of the site and shall not be located in a multi-tenant building.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.116 SENIOR HOUSING, ASSISTED LIVING FACILITY AND SIMILAR TYPES OF HOUSING FOR THE ELDERLY.
(A) Designed and constructed as a planned development of cottage-type dwellings and/or apartment-type dwellings consisting of at least three acres.
(B) Shall not exceed three stories in height.
(C) Contain common services, but not limited to, central dining rooms, recreational rooms, a central lounge and workshops.
(D) Consist of at least 150 square feet per unit with separate and distinct bedrooms (not including kitchen and sanitary facilities).
(E) Total coverage of all buildings (including dwelling units and related service buildings) shall not exceed 25% of the total site exclusive of any dedicated public right-of-way.
(F) Have at least one property line abutting a major thoroughfare of not less than 86 feet of right-of-way width, either existing or proposed, and all ingress and egress to the site shall be directly onto said major thoroughfare or marginal access service drive thereof.
(G) Contain a minimum site area of 2,000 square feet per bed.
(H) Have minimum yard setbacks from the perimeter property lines of 50 feet from any public road right-of-way, 75 feet from any adjacent property zoned R-1A, R-1B or R-1C, and 50 feet from all other property lines. Minimum spacing between buildings shall be as follows:
Distance Between Building | Feet |
Side/Side Orientation | 20 |
Side/Front, Side/Rear Orientation | 20 |
Front/Front, Front/Rear Orientation | 30 |
The Planning Commission, in their sole discretion, may reduce building spacing requirements where enclosed, heated walkways are provided and applicable building and fire code requirements are met.
(I) Designed and constructed according the following criteria:
(1) Maximum building height of three stories and 40 feet.
(2) No building shall exceed 250 feet in overall length, measured along any continuous elevation. The Planning Commission may permit buildings of greater length when it can be demonstrated that architectural design and natural and topographic features ensure that the building is in scale with the site and surrounding areas.
(3) Building facades of greater than 100 feet in length shall incorporate recesses or projections to break up the expanse of the building elevation.
(4) Architectural interest shall be provided through the use of repeating patterns of change in color, texture and material. All senior-housing facilities shall utilize residential exterior materials and design features.
(5) All roofs shall be sloped with a pitch of no less than 5:12. There shall be variations in rooflines to reduce the scale of the building and add interest.
(J) Lighting. All parking areas, building entrances, sidewalks, and ramps shall be illuminated to ensure the security of property and safety of persons using such areas, in accordance with the requirements set forth in § 155.076.
(L) Resident and emergency access. The drop off/pick up of residents shall be provided at the front entrance of the building with a covered canopy. Access to all entry/exit doors and all sides of a building shall be provided in a manner acceptable to the Planning Commission, based on a recommendation from the City Planner and Fire Department.
(M) Open space and recreational areas. Open space and recreation shall be provided in accordance with the following requirements:
(1) Total open space required shall be a minimum of 15% of the site exclusive of the land bank requirement of division (N) below.
(2) Recreation facilities including paved walkway and covered sitting areas shall be provided in a manner, which meet the needs of the resident population.
(O) Parking shall be calculated for a comparable multiple-family structure per requirements set forth in Table 5-2 in § 155.077, Off-street parking. The difference in land shall be banked as usable open space for the future parking needs to allow conversion to a standard multiple-family apartment use.
(P) The loading area shall be located in the side and rear yard areas only, screened from the view of any public thoroughfare and adjacent residential area and designed in a manner, which is appropriate for the function and vehicles it is intended to serve.
(Ord. 792, passed 12-3-01)
§ 155.117 PRIVATE NONCOMMERCIAL RECREATIONAL AREA; INSTITUTIONAL OR COMMUNITY RECREATION CENTERS.
(A) Any use permitted herein shall not be permitted on a lot or group of lots of record, except in those instances wherein 100% of the owners of property immediately abutting and 51% of the owners of property within 300 feet of any property line of the site herein proposed for development shall sign a petition indicating concurrence with the proposed use of said site. The petition shall be submitted to the City Council for its review.
(B) The proposed site for any of the uses permitted herein which would attract persons from, or are intended to serve, areas beyond the immediate neighborhood shall have at least one property line abutting a major thoroughfare of not less than 120 feet of right-of-way width, either existing or proposed, and the site shall be so planned as to provide all ingress and egress directly onto or from said major thoroughfare.
(C) Front, side and rear yards shall be at least 80 feet wide, and shall be landscaped in trees, shrubs and grass. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in these yards, except required entrance drives and those walls used to obscure the use from abutting residential districts.
(D) Off-street parking shall be provided so as to accommodate not less than one-half of the member families and/or individual members. Prior to the issuance of a building permit or zoning compliance permit, bylaws of the organization shall be provided in order to establish the membership involved for computing the off-street parking requirements.
(E) In those cases wherein the proposed use or organization does not have bylaws or formal membership, the Planning Commission on the basis of usage shall determine the off-street parking requirements. In all instances, off-street parking shall be subject to the provisions of § 155.077.
(Ord. 792, passed 12-3-01)
§ 155.118 GOLF COURSES.
(A) May be operated for profit or non-profit.
(B) The site shall be so planned as to provide all ingress and egress directly onto or from a major thoroughfare of not less than 120 feet of right-of-way width, either existing or proposed.
(C) The site plan shall be laid out to achieve a direct connection between a major thoroughfare and any proposed service roads, entrances, driveways and parking areas, which will encourage pedestrian and vehicular traffic safety.
(D) Development features including the principal and accessory buildings and structures shall be so located and sited so as to minimize the possibilities of any adverse affects upon adjacent property. This shall mean that all principal or accessory buildings shall be not less than 200 feet from any property line of abutting residentially zoned lands; provided that where topographic conditions are such that buildings would be screened from view, the Planning Commission may modify this requirement.
(E) The requirement of § 155.077 shall be met for the golf course plus individual requirements for all accessory users such as restaurants or bars.
(F) Whenever a swimming pool is to be provided, said pool shall be provided with a protective fence six feet in height, and entry shall be by means of a controlled gate.
(Ord. 792, passed 12-3-01)
§ 155.119 COLLEGES, UNIVERSITIES AND OTHER INSTITUTIONS OF HIGHER LEARNING, PUBLIC AND PRIVATE, OFFERING COURSES IN GENERAL, TECHNICAL OR RELIGIOUS EDUCATIONS AND NOT OPERATED FOR PROFIT.
(A) All ingress to and egress from said site shall be directly onto a major thoroughfare having an existing or planned right-of-way of at least 120 feet of width.
(B) No building other than a structure for residential purposes shall be closer than 80 feet to any property line.
(Ord. 792, passed 12-3-01)
§ 155.120 BUSINESS, TRADE, VOCATIONAL AND SIMILAR FOR PROFIT OR NON-PROFIT LEARNING INSTITUTIONS.
(A) All ingress to and egress from said site shall be directly onto a major thoroughfare having an existing or planned right-of-way of at least 120 feet of width.
(B) No building other than a structure for residential purposes shall be closer than 80 feet to any property line.
(Ord. 792, passed 12-3-01)
§ 155.121 TOWNHOMES AND DUPLEXES.
(A) Each dwelling unit shall have one floor and usable front porch at grade level per § 155.072 of this chapter, and two means of ingress/egress at grade level. All units shall be connected to a public or private sidewalk system.
(B) The site plan shall be so planned as to provide ingress and egress directly onto a major or secondary thoroughfare, except when the Planning Commission finds, upon review of the site plan, that ingress and egress directly onto an adjacent minor street will not be detrimental to the harmonious development of adjacent properties.
(C) No more than four dwelling units shall be attached in any construction group or contained in any single structure, except that where the roof ridge lines and building facades of any four consecutive units are staggered or offset by at least six feet. In such cases a maximum of eight units may be permitted.
(D) Access drives, parking areas, and maneuvering lanes shall be so located as to minimize their conflict with buildings and outdoor living areas. All parking and maneuvering lanes shall be at least 15 feet distance from any first floor dwelling unit window, doorway, or entranceway.
(E) The required parking spaces shall be well related to the building they are intended to serve.
(F) Any accessory buildings, uses or services shall be developed solely for the use of residents of the main buildings. Uses considered herein as accessory uses include: swimming pools, cabanas, pavilions, recreation areas, and other similar areas.
(G) The site plan shall be so planned as to recognize the front, rear, and side relationship of adjacent residential development. The Planning Commission may recommend physical features to be provided which will insure harmony in these yard relationships.
(H) All design and dimensional standards of this chapter shall be complied with.
(Ord. 792, passed 12-3-01)
§ 155.122 MULTIPLE-FAMILY DWELLING (THREE STORIES OF LESS).
(A) The entire area of the site shall be treated to service the residents of the dwelling units located thereon, and any accessory buildings, uses or services shall be developed solely for the use of residents of the main building. Uses considered herein as accessory uses include: swimming pools, cabanas, pavilions, recreation areas, and other similar uses.
(B) The site plan shall be so planned as to recognize yard and general development relationships with adjacent land uses. The Planning Commission may recommend physical features to be provided which will insure harmony in these relationships.
(C) The site plan shall be so planned as to provide ingress and egress directly onto a major or secondary thoroughfare, except when the Planning Commission finds, upon review of the site plan, that ingress and egress directly onto an adjacent minor street will not be detrimental to the harmonious development of adjacent properties.
(D) Access drives, parking areas and maneuvering lanes shall be so located as to minimize their conflict with buildings and outdoor living areas so as to encourage pedestrian and vehicular safety and convenience. The following requirements shall be considered by the Planning Commission in reviewing the site plan:
(1) Drives, maneuvering lanes and open parking spaces shall be a distance of at least 15 feet from any residential building wall with a window and/or door penetration at the ground floor level.
(2) The required parking spaces shall be well related to the building they are intended to serve.
(E) In order to provide continuity with abutting and/or adjacent public thoroughfares, the Planning Commission may recommend, and the City AV Council may require, dedication of a public right-of- way through the site area prior to site plan approval.
(F) Front building lines found on the balance of the block face shall be respected, except upon discretion of the Planning Commission as based upon the recommendation of the City Planner.
(G) All design and dimensional standards of this chapter shall be complied with.
(Ord. 792, passed 12-3-01)
§ 155.123 MULTIPLE-FAMILY DWELLINGS (FOUR STORIES OR GREATER).
(A) All such high-rise structures shall be developed only on a site or at least five acres in area.
(B) The proposed site for any such use shall have one property line abutting a major thoroughfare (at least 120 feet of right-of-way). The site shall be so planned as to provide ingress and egress directly onto or from said major thoroughfare.
(C) All design and dimensional standards of this chapter shall be complied with.
(D) Business uses shall be permitted on the site when developed as retail or service uses clearly accessory to the main use, within the walls of the main structure, and totally obscured from and exterior view. No identifying sign for any such business or service use shall be visible from any exterior view. Such businesses or services shall not exceed 25% of the floor area at grade level or 50% of subgrade level, and shall be prohibited on all floors above the first floor or grade level.
(Ord. 792, passed 12-3-01)
§ 155.124 MIXED-USE BUSINESS AND RESIDENTIAL BUILDINGS.
(A) All dimensional requirements as set forth in this chapter and other city codes, including, but not limited to, parking, loading, height, setbacks and lot coverage are met.
(B) All landscape, screening, site lighting and other ordinance requirements are met.
(C) The types of businesses as permitted as a principal use in the B-1 Business District may be permitted. Such uses shall be located on the grade level floor.
(D) Residential apartments meet the minimum space requirements as established by zoning and building codes.
(Ord. 792, passed 12-3-01)
§ 155.125 GENERAL HOSPITALS.
(A) No maximum height restrictions will apply when all conditions of this section are met.
(B) All such hospitals shall be developed only on sites consisting of at least ten acres in area.
(C) The proposed site shall have at least one property line abutting a major thoroughfare (a thoroughfare of at least 120 feet of right-of-way, existing or proposed). All ingress and egress to the off-street parking area, for guests, employees, staff, as well as any other uses of the facilities, shall be directly from a major thoroughfare.
(D) The minimum distance of any main or accessory building from abounding lot lines or streets shall be at least 100 feet for front, rear and side yards for all two-story structures. For every story above two, the minimum yard distance shall be increased by at least 20 feet.
(E) Ambulance and delivery areas shall be obscured from all residential view with a wall six feet in height, and said wall shall be further subject to the requirements of § 155.074. Ingress and egress to the site shall be directly from a major thoroughfare.
(F) Facilities treating criminal persons and those solely treating persons that are mentally ill or have contagious diseases are not permitted.
(Ord. 792, passed 12-3-01)
§ 155.126 AUTOMOBILE SERVICE STATIONS.
Automobile service station may provide for the sale of gasoline, oil and minor accessories only, and where no repair work is done other than incidental service, but not including steam cleaning or under coating, vehicle body repair, painting, tire recapping, engine rebuilding, auto dismantling, upholstery, glass work and such other activities whose external effects could adversely extend beyond the property line. Automobile service stations are permitted only in a B-3 District, subject to special land use.
(A) The minimum lot area shall be 15,000 square feet and so arranged that ample space is available for motor vehicles which are required to wait.
(B) Such uses shall have a minimum frontage along the principal street of 120 feet.
(C) No such use shall be located nearer than 500 feet from any church, public or private school, or playground, as measured from the property line.
(D) All driveways providing ingress to or egress from a filling or service station shall be not more than 30 feet wide at the property line. No more than one curb opening shall be permitted for each 50 feet of frontage or major fraction thereof along any street, maximum of two. No driveway or curb opening shall be located nearer than 25 feet to any corner or exterior lot line. No driveway shall be located nearer than 30 feet to any other driveway serving the site. The curb cuts for ingress and egress to a service station shall not be permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto.
(E) Separation shall be made between the pedestrian sidewalk and vehicular parking and maneuvering areas with the use of curbs, wheel stops, greenbelts or traffic islands. A raised curb of six inches in height shall be erected along all street lot lines, except for driveway openings.
(F) Gasoline pumps shall be located not less than 15 feet from any lot line, and shall be arranged so that motor vehicles do not park upon or overhang any public sidewalk, street or right-of-way while waiting for or receiving fuel service.
(G) A filling or service station shall have no more than eight gasoline pumps and two enclosed stalls for servicing, lubricating, greasing and/or washing motor vehicles. An additional two gasoline pumps and/or one enclosed stall may be included for each additional 2,000 square feet of lot area above the minimum area set forth in this section.
(H) A filling station shall provide a sprinkler system to extinguish a fire in an emergency situation.
(I) All lighting, including illuminated signs, shall be shielded from adjacent residential districts. Canopy lights shall be totally recessed into the lower ceiling plane. Provisions of § 155.076 shall be complied with.
(J) Automobile service stations at the date of this chapter may be allowed to expand to include vehicle laundries when located in a completely enclosed building, providing the following conditions are met:
(2) All conditions of § 155.077, Off-street parking, are met.
(3) There shall be a 25-foot setback where cars exit wash.
(K) Vehicle sales shall not be permitted on the premises.
(L) Outdoor storage or parking of vehicles, except for two private automobiles per indoor stall or service area of the facility, shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m.
(M) All such uses erected after the effective date of this chapter shall comply with all requirements of this section and with the fire prevention code.
(N) Owners and operators of service stations or garages providing for the self-service dispensing of flammable liquids by persons other than the owner, lessee, tenant, agent, servant, or authorized employees shall comply with all applicable provisions of the city adopted building code, the fire prevention code of the city, N.F.P.A. Standards, and the Michigan State Police Fire Marshal flammable liquid regulations. Wherever any conflict exists in the above codes, the stricter of the provisions shall apply.
(O) A restroom shall be provided for public use.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.127 VEHICLE WASHING FACILITIES.
(A) The minimum lot or parcel size shall be 10,000 square feet.
(B) The lot to be built upon shall be located on a street designated as a major or secondary thoroughfare and all means of vehicular ingress and egress shall be located on a major or secondary thoroughfare, not from an adjoining residential street or alley. A residential street or alley shall not be used as a maneuvering or parking area for vehicles using the facility.
(C) All portions of each area designed or used for the washing of motor vehicles shall be located a minimum of 25 feet from the boundaries of residential zoning districts.
(D) A hard surfaced driveway of one or more lanes shall be constructed on the property in such manner as to provide for a continuous movement of vehicles into the wash-rack.
(1) The driveway so provided shall not be less than ten feet wide for a single land and not less than ten additional feet in width for each additional lane.
(2) Where only a single lane is provided it shall be used for no other purpose than to provide access to the wash-rack. All lanes provided shall be suitably protected from incursions of other traffic.
(3) The total length of the required lane or lanes so provided shall be determined by the overall length of the wash line, measured from the point that washing or cleaning begins, to the end of the washing or drying operation. In any development where the washing operation moves in other than a straight line, the length of the building or wash line for purposes of this section shall be the distance measured along the center line of the conveyor or wash line. The greater of the above measurements shall be used in the determination of the length of the required lane or lanes. The overall length of the required lane or lanes, as measured along the center line, shall be determined in accordance with the following formula: where the building or total length of all wash lines is 80 feet or less in overall length, the total required lane or lanes exclusive of the wash line shall be not less than 200 feet in length. Where the building or total length of all wash lines exceed 80 feet in length, the length of the required lane or lanes exclusive of the wash line shall be increased 20 feet for each 10 feet or fraction thereof by which the building or wash lines exceed 80 feet in overall length.
(E) A barrier, a minimum of 18 inches in height, shall be constructed and maintained on all lot lines except where openings are needed to provide for permanent means of access and except where the above required masonry wall is constructed on the lot line.
(F) The operating equipment shall be located or buffered so as to lessen noise.
(G) Permitted hours of operation shall be from 7:00 a.m. until 10:00 p.m.
(H) There shall be no above-ground storage/dispensing tanks on the site.
(I) All washing activities shall be conducted within an enclosed structure, except for one designated tall vehicle washing area.
(J) Vacuuming activities shall be at least 25 feet from any lot line except where the property abuts a residential zoning district in which case a 50-foot separation shall be maintained.
(K) All drains shall be connected to a public sanitary sewer system.
(L) Such uses shall be graded and drained on conformance with the requirements of the city plumbing code so as to dispose of all surface water accumulation within the parking area.
(Ord. 792, passed 12-3-01)
§ 155.128 MINOR VEHICLE REPAIR FACILITI ES.
Vehicle repair establishments are subject to conditional use permits and shall be conducted in the following manner (see also § 155.029, definitions, vehicle repair facility, minor.):
(A) The minimum site area shall be 10,000 square feet.
(B) The site shall be entirely paved, except for structures and landscaping, so that vehicles are not parked in the dirt or an otherwise not fully improved area. The premises shall be kept neat and organized at all times.
(C) No outdoor overnight storage of vehicles permitted. All stored, damaged or wrecked vehicles shall be efficiently screened so as not to be visible from adjacent properties or public rights-of-w ay. All used or discarded automotive parts or equipment shall be permanently screened kept from public view.
(D) Service access shall be located at the rear or side of the structure(s) and as far as possible from adjoining residential uses.
(1) All repair activities and operations shall be conducted within an entirely enclosed structure.
(2) Outdoor hoists are prohibited.
(E) Exterior noise shall not exceed 65 dBA at the property line.
(F) Repair activities and vehicle loading and unloading shall be prohibited on adjoining streets and alleys.
(G) Service bays with individual access from the exterior of the structure(s) shall not face the public right-of-way.
(H) All on-site lighting shall be stationary and directed away from the adjoining properties and public rights-of-way.
(I) All hazardous materials resulting from the repair operation shall be properly stored and removed from the premises in a timely manner. Storage, use and removal of toxic substances, solid waste pollution, and flammable liquids, particularly gasoline, paints, solvents and thinners, shall conform to all applicable federal, state and local regulations prior to issuance of a certificate of occupancy, or certificate of re-occupancy.
(J) Subordinate retail, storage and office space, not to exceed 35% of the floor area of the main use, is allowed, provided that: it primarily services employees of the use; no exterior signs advertise the subordinate use; the subordinate use is physically separated from the primary use; any retail sales are limited to services provided on-site; commercial or retail/services support uses; and the primary use fronts on an arterial.
(K) Vehicle sales shall not be conducted on the premises.
(Ord. 792, passed 12-3-01; Am. Ord. 845, passed 9-17-12; Am. Ord. passed 2-20-17)
§ 155.129 MAJOR VEHICLE REPAIR FACILITIES.
(A) Major vehicle repair facilities offering repair for all vehicles whose external effects shall adversely extend beyond the property line.
(B) The curb cuts for ingress and egress shall not be permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be no less than 25 feet from a street intersection (measured from the road right-of-way) or from adjacent residential districts.
(C) The minimum lot area shall be 10,000 square feet and so arranged that ample space is available for motor vehicle parking and for vehicles awaiting service.
(D) No such use shall be located nearer than 500 feet from any church, public or private school, or playground, as measured from the property line.
(E) All driveways providing ingress to or egress from a filling or service station shall be not more than 30 feet wide at the property line. No more than one curb opening shall be permitted for each 50 feet of frontage or major fraction thereof along any street. No driveway or curb opening shall be located nearer than 25 feet to any corner or exterior lot line. No driveway shall be located nearer than 30 feet to any other driveway serving the site. The curb cuts for ingress and egress to a service station shall not be permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto.
(F) Separation shall be made between the pedestrian sidewalk and vehicular parking and maneuvering areas with the use of curbs, greenbelts or traffic islands. A raised curb of six inches in height shall be erected along all street lot lines, except for driveway openings.
(G) Vehicle sales shall not be permitted on the premises.
(H) All such uses erected after the effective date of this chapter shall comply with all requirements of this section and with the fire prevention code.
(I) Owners and operators of service stations or garages providing for the self-service dispensing of flammable liquids by persons other than the owner, lessee, tenant, agent, servant, or authorized employees shall comply with all applicable provisions of the BOCA Basic Building Code, the fire prevention code of the city, N.F.P.A. Standards, and the Michigan State Police Fire Marshal flammable liquid regulations. Wherever any conflict exists in the above codes, the stricter of the provisions shall apply.
(J) All lighting, including illuminated signs, shall be shielded from adjacent residential districts, and meet the provisions of § 155.076, Exterior lighting.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.130 CARRY-OUT, FAST-FOOD, DRIVE-THROUGH OR DRIVE-IN RESTAURANTS.
(A) No drive-in, fast food, or carry-out restaurant, as measured from the nearest property line shall be located within 500 feet from an elementary, junior or senior high school or from a public park.
(C) Points of vehicular ingress and egress shall be limited to an adjacent major thoroughfare only and site plans shall be reviewed by the Planning Commission for location and design of curb cuts and driveways and for layout of parking lots.
(D) The minimum width of driveways at the property line shall be 24 feet and not greater than 30 feet.
(E) The minimum distance of any driveway to a property line shall be 20 feet.
(F) The minimum distance between driveways on the site shall be 75 feet measured from the two closest driveways’ curbs.
(G) The minimum distance between a driveway and a street intersection shall be 60 feet measured from the intersection of the street right-of-way to the nearest end of the curb radius.
(H) Businesses adjacent to or integrated in a shopping center on cluster of commercial facilities shall use the common access with other business establishments in that center.
(I) The entire parking area shall be paved with a permanent surface of concrete or asphalt and shall be graded and drained in accordance with city engineering standards. Any unpaved area on the site shall be landscaped with lawn or other horticultural materials, maintained in a neat and orderly fashion at all times and separated from the paved parking or driveway area by a raised curb or other equivalent barrier.
(J) Concrete curbing, six inches in height, shall be properly placed and maintained along or parallel to all property lines, except where bumper guards are required and except across an approved driveway, so as to prevent vehicular encroachment onto or over the public right-of-way and to prevent vehicular encroachment onto or over the adjoining property, or vehicular damage to the adjoining buildings.
(K) Food consumption upon the premises outside the fast-food and carry-out restaurant building shall be prohibited unless permanent outside facilities are provided. The premises shall be properly posted with signs stating that the consumption of foods, frozen desserts or beverages within vehicles parked upon the premises is unlawful and that violators are subject to fines as prescribed by law. A minimum of two such signs shall be posted within the building near the checkout counter of the restaurant and a minimum of four such signs shall be posted within the parking area so as to be clearly visible from all vehicles on the premises.
(L) All outside trash receptacles, except those intended for use by the customer, shall be located within an enclosure constructed or opaque masonry materials a minimum or four feet and a maximum or six feet in height and shall be provided with opaque gates or the same height.
(M) During the period when a drive-in restaurant, fast-food restaurant, or carry-out restaurant is vacated, closed, or otherwise not opened for business for more than 30 consecutive days, the owner, franchise holder, or lessee shall be subject to complying with the following regulations:
(1) Vehicular parking and storage shall be prohibited at all times anywhere on the premises. The owner, franchise holder, or lessee shall post a sign or signs on the premises, giving notice that all parked or stored vehicles are subject to ticketing and removal by the city at the vehicle owner’s expense. In addition, the owner, franchise holder, or lessee, whoever is in possession, is subject to ticketing if unlawful parked or stored vehicles are permitted on the premises by consent of the owner, franchise holder, or lessee. The city shall have the right of entry to subject property for the purpose of accomplishing said ticketing and removal.
(2) The ground shall be kept free of rubbish and debris, and the grass, if any, shall be well kept and cut as necessary so as to present a neat and attractive appearance at all times.
(3) Within 50 days of such closing, all curb cuts across driveway entrances and all other points of ingress and egress to the premises shall be closed to vehicular traffic by properly placed and secure precast concrete wheel-stops or the equivalent, as may be approved by the city.
(N) A six-foot high completely obscuring wall shall be provided where abutting any residentially zoned district. The height of the wall shall be measured from the surface of the ground. Said wall shall further meet the requirements of § 155.074, Walls.
(Ord. 792, passed 12-3-01)
§ 155.131 MOTELS OR HOTELS.
(A) Each unit shall contain at least a bedroom and bath and a minimum gross floor area of 250 square feet.
(B) Both motels and hotels shall provide customary services associated with temporary lodging, such as maid service, linen service, the use of furniture, telephone, and/or desk service. In addition, hotels may offer room service, banquet halls, meeting rooms, and attached restaurant or lounge.
(C) Kitchen facilities may be provided in new motels or hotels upon demonstration by the applicant that the provisions of all applicable fire prevention and building codes have been met. No existing motel units shall be converted for use of cooking and/or kitchen facilities unless the applicant can demonstrate compliance with all applicable fire prevention and building codes and obtains a certificate of occupancy or certificate of re-occupancy for each unit being converted.
(D) No guest shall establish permanent residence for more than 30 days within any calendar year.
(E) A room cannot be rerented within a 24-hour period.
(F) Access shall be from a major thoroughfare.
(G) See § 155.029, Definitions, for definitions of hotel and motel.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.132 SELF-STORAGE FACILITIES.
(A) No activity other than rental of storage units shall be allowed. No commercial, wholesale, retail, industrial or other business activity shall be conducted from the facility.
(B) The storage of any toxic, explosive, corrosive, flammable or hazardous materials is prohibited. Fuel tanks on any motor vehicle, boat, lawn mower or similar property will be drained or removed prior to storage. Batteries shall be removed from vehicles before storage.
(C) All storage including vehicles of any kind shall be contained within a completely enclosed building.
(D) Exterior walls of the ends of all storage units shall be of masonry or face-brick construction.
(E) All storage units must be accessible by paved circular drives clearly marked to distinguish traffic flow. A minimum 24 foot drives shall be provided between buildings. Site circulation shall be designed to accommodate fire trucks, as well as trucks that will customarily access the site.
(F) A demonstrated means of security and management shall be provided.
(Ord. 792, passed 12-3-01)
§ 155.133 OUTDOOR SALES SPACE FOR EXCLUSIVE SALE OF NEW OR SECONDHAND VEHICLES OR HOUSE TRAILERS.
(A) The lot or area shall be provided with a permanent, durable and dustless surface, and shall be graded and drained so as to dispose of all surface water accumulated within the area.
(B) Ingress and egress to the outdoor sales area shall be at least 60 feet from the intersection of any two streets.
(C) No major repair or major refinishing shall be done on the premises.
(D) All lighting shall be shielded from adjacent residential districts.
(Ord. 792, passed 12-3-01)
§ 155.134 OUTDOOR SALES OF AUTOMOBILES AND OTHER VEHICLES.
(A) There shall be no strings of flags, pennants, inflatables, or bare light bulbs permitted.
(B) A landscaped greenbelt measuring a minimum of ten feet in width shall be provided. No vehicles or merchandise shall be displayed within the required greenbelt.
(D) There shall be no broadcast of continuous music or announcements over any loudspeaker or public address system.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.135 GREENHOUSE AND FLORIST OPERATIONS INVOLVING THE GROWING, WHOLESALE AND/OR RETAILING OF PLANT MATERIALS.
(A) Ingress and egress shall be provided so as not to conflict with adjacent business uses or adversely affect traffic flow on a major thoroughfare.
(B) Outdoor storage areas shall be screened from public view by an obscuring wall, the extent of which shall be determined by the Planning Commission on the basis of land usage, provided such wall shall not be less than four and one-half feet in height, and further subject to the provisions of § 155.074, Walls, or a planting screen at least 20 feet in width and subject to the provisions of § 155.073, Site design features.
(Ord. 792, passed 12-3-01)
§ 155.136 OPEN AIR BUSINESSES.
(A) Shall be developed in a planned relationship and accessory to a permitted use within the B-2 and B-3 Business Districts.
(B) Retail sales of plant material not grown on the site, and sales of lawn furniture, playground equipment and garden supplies are permitted provided that such uses shall be located in a side yard.
(C) Such area shall be enclosed with a decorative fence. The Planning Commission, upon recommendation of the City Planner, may permit exterior gates when plans demonstrate that pedestrian and vehicle hazards are addressed.
(D) Loose landscape and building material, such as sand, stone and other similar material shall be prohibited.
(E) The display or storage of for sale or rental equipment shall be prohibited.
(Ord. 792, passed 12-3-01)
§ 155.137 RESEARCH AND DEVELOPMENT FACILITIES.
(A) The research and development activities occur at the location or at an adjacent site.
(B) Development activities are confined to the assembly of technical equipment, remanufactured finished objects or components to be used for the development of prototype, non-routine production of innovative products or equipment. Machining shall be permitted on a limited basis for research and development activities, administration and/or training in enclosed areas.
(C) Assembly and machining operations, shipping and receiving, loading and unloading, development and demonstration laboratories, storage of inventory and refuse and any mechanical equipment must be completely enclosed.
(D) A minimum front yard setback of 35 feet or the established setback containing open space (left in its natural state or landscaped) shall be provided and contain no parking or other surface improvements except sidewalk or signage.
(E) A six-foot high obscuring wall, landscape berm and/or fence with evergreen plantings shall be provided between residential and nonresidential districts. If substantial natural vegetation or topographic features exist that provide a natural visual barrier, these features may qualify for screening if approved by the Planning Commission.
(F) No outside storage or any materials, equipment, trash or waste shall be permitted. The Planning Commission, upon recommendation of the City Planner, may modify this requirement where such storage area is not abutting a residentially zoned district, completely enclosed by a six-foot opaque masonry wall, strictly contain products ready for shipment and pre-packaged in closed containers or wrapping.
(G) Loading/unloading shall be permitted only with a completely enclosed building. No outside loading/unloading shall be permitted and all vehicles being loaded or unloaded must be entirely within the building.
(H) Building-mounted mechanical equipment shall be screened in a way that is compatible with the building’s design.
(I) Parking lot must be designed, located and screened with berm or landscaping to minimize the visual effect on adjacent properties and public streets.
(J) Security fences are permitted, provided they are screened where adjacent to residentially zoned land.
(K) Exterior materials shall be compatible with the overall building complex. Building and architectural design shall be subject to review by the Planning Commission.
(L) The minimum front yard setback is 35 feet for a building height of 35 feet. Any increases in building height above 35 feet shall require additional setback of ten feet in depth equal to the height of the structure is subject to a public hearing before the Planning Commission and approval by City Council.
(Ord. 792, passed 12-3-01)
§ 155.138 JUNK YARD.
(A) The minimum lot size for junk yards shall be ten acres.
(B) A minimum setback of 250 feet shall be maintained between the front property line and the portion of the lot on which junk materials shall be set back and at least 250 feet from any road right-of-way line.
(C) The entire junk yard site shall be screened with an eight-foot masonry obscuring wall. The wall shall be uniformly painted and maintained in neat appearance, and shall not have any signs or symbols painted on it.
(D) All roads, driveways, parking lots, and loading and unloading areas shall be paved or treated in a manner approved by the Building Official or other official responsible for code enforcement so as to confine any wind-borne dust within the boundaries of the site.
(E) All applications for junk yards must receive the approval of the City Council. The Planning Commission shall determine no such approval.
(Ord. 792, passed 12-3-01)
2002 S-10
§ 155.139 CONTRACTORS’ OFFICES AND YARDS.
(A) Buildings shall be permanently constructed. Temporary construction trailers shall not be occupied.
(B) Outdoor storage shall be clearly accessory to the principal office use.
(C) Only products, materials and equipment owned and operated by the contractor shall be stored. All motorized equipment shall be stored on a paved surface.
(D) Storage shall not be located within the required front yard.
(E) Materials shall not be stored within any required parking or loading spaces.
(F) Storage shall not impede the access of fire and emergency vehicles and personnel.
(G) Storage material shall not exceed 25 feet in height.
(H) All storage shall be screened from public streets and abutting property by an eight-foot tall masonry retaining wall or an eight-foot wide landscaped berm capped with evergreen material and secured with an eight-foot tall opaque fence located on the inside of the berm.
(I) The location and size of storage areas, thorough written description of materials of stored materials, plans, sections and elevations of the screening method describing in detail the material and height shall be submitted as part of the information required for site plan review.
(J) Loading and unloading of equipment shall not be permitted within the right-of-way or unenclosed portion of the site.
(Ord. 792, passed 12-3-01)
§ 155.140 MANUFACTURED HOUSING COMMUNITIES.
(A) Intent. The intent of this section is to provide an affordable housing alternative that is consistent with the general character of the city. In addition to the standards of this chapter, all manufactured housing developments shall comply with Act No. 96 of Public Acts of the State of Michigan of 1987 as amended. Some standards of this chapter are more stringent than the typical standards promoted by the Michigan Manufactured Housing Commission. These adopted standards are designed to foster and encourage development which:
(1) Locates communities in appropriate areas to complement specific needs;
(2) Compliments and protects the investment on adjacent properties; and
(3) Promotes preservation of important natural features.
Since the characteristics, densities and impacts of a manufactured housing development typically simulate those of multiple-family residential developments, and because they typically are served by private streets and utility systems which intercept the local street and utility systems, manufactured housing parks are not necessarily considered to be completely compatible with other types of residential neighborhoods. Therefore, manufactured housing development are intended to serve as a transitional use between residential and nonresidential districts and shall be restricted to M-1 Light Industrial Districts whereby the parcel is not isolated on more than three sides by the M-1 District.
(B) Principal uses permitted. No building, structure or land shall be used, and no building or structure shall be erected, except for one or more of the following specified uses unless otherwise provided in this chapter.
(1) Manufactured housing developments, which conform to the requirements of this section, and the Department of Housing and Urban Development (HUD) standards, or A.N.S.I standards.
(2) Community accessory uses, building and structures including one management office building, utility/laundry buildings, auxiliary storage space for manufactured housing development tenants, community buildings for use by the tenants, recreation areas, playgrounds and recycling stations. All such accessory uses and structures shall meet the standards provided in this chapter.
(3) State licensed adult and child care facilities in a manufactured home, which are permitted in the single-family zoning districts, subject to the approval of the development management.
(4) Accessory structures on manufactured home sites including decks, private garages, carports and enclosed or screened storage areas which meet the standards of this subchapter and the rules and regulations promulgated by the Michigan Manufactured Housing Commission, or its successor.
(5) The business of selling new or used manufactured homes in the development that are to remain on-site may be sold by the resident, owner or a licensed dealer or broker, provided the manufactured housing development management permits the sale.
(6) All electrical, telephone, cable TV and gas lines, located within the development, as an available service in the park, shall be placed underground, and shall be subject to the other related definition and use provisions of this chapter.
(7) Uses not specifically noted above are prohibited as permitted principal uses.
(C) Required conditions. Manufactured housing developments shall be subject to the review and approval of a site plan by the Planning Commission. The site plan shall consist of a manufactured housing development preliminary plan, as described in Section 11 of the Mobile Home Act, Act No. 96 of Public Acts of 1987, as amended. Such review of the site plan is required in order to minimize the possibility of adverse effects upon adjacent property and to find proper relationships in the development features as they relate to traffic safety, service roads, driveways, parking areas accessory buildings and uses, and planned open space.
(D) Special land use.
(1) Schools, school-related facilities, religious institutions, temples, and similar places of worship, connected with the operation of a licensed manufactured housing development or similar uses not included in this paragraph.
(2) Adult and child care facilities in a manufactured home or community building which are listed as special condition uses in the R-1A, R-1B and R-1C One-Family Zoning Districts, subject to the approval of the development management.
(3) Golf courses.
(E) Design standards for overall development.
(1) Minimum development size. A manufactured housing development shall be at least five acres in area, excluding adjacent parcels that may be proposed for expansion.
(2) Access.
(a) The main entrance to a development shall have access to a public thoroughfare. Access to the development via an alley is prohibited.
(b) Entranceway structures, including but not limited to, walls, columns and gates marking the entrance to a manufactured housing development, may be permitted, and may be located in a required yard, except as provided in this section. Such entranceway structures shall be designed to maintain a clear vision zone as described below and additionally required by this chapter and all applicable city, county, state and federal departments and agencies.
(c) The Clear Vision Zone is an unobstructed triangular area that shall be meet the requirements of § 155.073, Site design features.
(3) Perimeter setback. Manufactured homes shall be set back at least 50 feet from any public street right-of-way line. The setback shall include a minimum 20 foot wide greenbelt, which includes landscape and screening features as described below.
(4) Landscaping, screening and ground cover. A landscape and screening plan shall be incorporated in the preliminary plans submitted for site plan review to the Planning Commission. The plan shall indicate the type and size of landscape planting and screening improvements to be completed. A manufactured housing development shall be landscaped and screened as follows:
(a) Exposed ground surfaces shall be paved or protected with grass, trees, or shrubs that are capable of preventing soil erosion. The ground surface in all parts shall all be graded and equipped to drain all surface water in a safe, efficient manner.
(b) A manufactured housing development shall be screened from existing adjacent residences by either a six foot screen wall and/or a densely planted landscaped screen.
(c) A manufactured housing development abutting an R-1A, R-1B, R-1C, RM or RM-1 zoning district shall be required to provide a 20 foot wide greenbelt screening along the development boundary abutting the existing residential development. If a manufactured housing development abuts an O-1, B-1, B-2, B-3, M-1 or TCD zoning district, the developer shall provide screening in conformance to § 155.074, Walls.
(d) A manufactured housing development shall provide screening along the community boundary abutting a public right-of-way.
(e) Screen walls shall be constructed of face brick, decorative block, or poured concrete with a simulated brick or stone pattern. Required walls shall be placed inside and adjacent to the lot line except where underground utilities would interfere with the placement of the wall or where the wall would unreasonably obstruct the use of adjacent property.
(f) A landscape screen shall consist of evergreen trees capping a berm. The trees shall be a minimum of six feet in height at the time of planting, and spaced in a staggered pattern to provide a continuous screen.
(g) Landscaped berms measuring two and one-half feet in height may be required by the Planning Commission to be constructed along public roads. The berm shall be constructed with slopes no steeper than one foot vertical rise for each four feet horizontal run. Landscaping adjacent to the road shall comply with the requirements in Table 6-1 below.
Table 6-1 Manufactured Housing Community Landscape Requirements
| ||
Minimum Size | Type | Requirements |
2½” caliper | Deciduous street tree (as permitted by the Planning Commission) | 1 per 40 lineal feet of road frontage |
24" | Deciduous or evergreen shrubs | 1 per 3 lineal feet of road frontage |
6' | Evergreen Trees | 1 per 40 lineal feet of road frontage |
(h) A minimum of one deciduous or evergreen tree shall be planted per two manufactured home sites.
(i) Off-street parking lots containing more than 15 spaces shall be provided with at least 10 square feet of interior parking lot landscaping per space. Such areas shall measure at least 150 square feet and shall be covered by grass, ground cover, shrubs or other live plant material. At least one deciduous tree shall be planted per parking lot-landscaped area.
(j) Dead, damaged, and/or diseased landscape material shall be replaced, within a reasonable time frame, so as to maintain the approved and/or allowed screening technique originally put in place.
(5) Required open recreation space. A minimum of 10% of the development’s gross acreage shall be dedicated to well drained, useable open space, provided that a minimum of 8,000 square feet of open space shall be provided. Said open space may be developed with appropriate recreational facilities and play equipment. The location shape and development plan for said recreational area shall be reviewed and approved by the Planning Commission but in no case shall any required open space area be longer than two times its width. At least half of the open space area shall be graded, developed and sodded to provide recreation for the residents of the manufactured housing development. Open space shall be maintained by the manufactured housing development management and, shall be relatively accessible to all areas of the development.
(6) Street layout. Maximum cul-de-sac length shall be 1,000 feet. A dead end road shall terminate with an adequate turning area, which is to be approved by the local fire authorities. Adequate sight distance shall be provided at all intersections, in accordance with clear vision standards applicable to all areas of the city.
(7) Street width. Streets or drives within the manufactured housing development shall be constructed to in accordance with the general standards set forth by the Manufactured Housing Commission. In addition, two way circulation shall be required, with a minimum width of 21 feet with no on-street parking, 31 feet where parallel parking is permitted on one side and 41 feet where parallel parking is permitted on both sides. Streets not permitting parking shall be clearly marked or signed.
(8) Street names/signs. All streets and roads shall be clearly marked with appropriate identification and traffic control signs. For the protection of the public safety, the manufactured housing development owner shall establish an orderly street name and numbering system and a plan of this system shall be verified and approved by the Fire Department. Manufactured home space numbers shall be located uniformly on each space, manufactured home unit or identification marker, throughout the manufactured housing development and street names shall be adequately marked.
(9) Street geometry. The alignment and gradient of a street shall be graded for its full width to drain surface water. Specific standards set by MDEQ for the Manufactured Housing Commission shall be strictly adhered to.
(10) Street materials. All streets and drives shall be constructed with materials suitable for subgrades and hard surface in compliance with the standards of the American Association of State Highway and Transportation Officials, adopted herein by reference. Curbing may be installed on service drives. The development roadways shall be constructed as follows:
(a) Streets shall be crowned with drainage directed to gutters or outside edges.
(b) Centerline drainage shall be prohibited.
(c) Curbing shall be concrete, if used.
(d) If integral valley curbing and gutter or mountable curb and gutter are used, the height of the curb measured from the gutter line shall be between three and five inches.
(11) Sidewalks. A five foot wide concrete sidewalk shall be constructed along the public road(s) on which the manufactured housing development fronts. Such sidewalk shall be located within the road right of way or easement, beginning one foot inside the right of way or easement line. An internal sidewalk system meeting Mobile Home Commission design and construction standards shall be installed.
(12) Accessory buildings and facilities. Accessory buildings and facilities constructed within the manufactured housing development shall be designated and serviced consistent with the following requirements:
(a) Accessory buildings and structures, including development management offices and public works facilities, storage building, laundry facilities, recreation or community facilities, and other accessory facilities, shall be designed and operated for use by only residents, guests and employees of the manufactured housing development.
(b) Site-built buildings within a manufactured housing development shall be constructed in compliance with the city building code and shall require all applicable permits. Any addition to a manufactured housing unit that does not comply with the standards of the U.S. Department of Housing and Urban Development for manufactured homes shall comply with the city building codes. Site plan approval shall be required prior to construction of any on-site building within a manufactured home development, except for storage sheds or garages for individual manufactured homes. Storage sheds and garages shall require a building permit from the city prior to construction.
(c) Each manufactured home shall be permitted one storage shed and one garage. The installation of any such shed or garage shall comply with codes and ordinances of the city and shall require a building permit. Storage underneath a manufactured home or unscreened outdoor storage on any manufactured home site is prohibited. The owner of the manufactured housing development need not supply storage sheds. A storage shed shall not exceed a floor area greater than 144 square feet. A carport or garage shall not exceed 576 square feet.
(d) Maximum height of any community accessory buildings and structures shall be 30 feet.
(13) Storage. If the owner of the manufactured housing development shall permit storage of boats, motorcycles, recreation vehicles, and similar equipment in the manufactured housing development, common areas for the storage of that equipment shall be provided within the development. Such storage shall be limited to use only by residents of the manufactured housing development. If proposed, the location of such storage areas shall be shown on the preliminary site plan. No part of any such storage area shall be located in a required yard on the perimeter of the manufactured housing development. Such storage area shall be screened from view from existing residences adjacent to the manufactured housing development in accordance with the screening provisions described above.
(14) Drainage. A manufactured housing development shall provide sufficient storm water facilities, independent of sanitary sewers, to prevent flooding of streets, lot or recreation areas. On-site storm water detention facilities, if provided, may be required to be fenced for safety reasons. The street drainage system shall be designed in such a way so as to minimize ponding and icing conditions. All storm water drainage improvements shall be subject to review and approval by the County Drain Commissioner, the Michigan Department of Environmental Quality, in accordance with MDEQ Manufactured Home Park Standards, pursuant to 1987 P.A. 96, as amended.
(15) Waste receptacles. Waste receptacles shall be provided unless curbside pick-up is provided. An on-site recycling station for residents may be provided at a location approved by the Planning Commission and the Michigan Environmental Quality. Adequate screening shall be provided, as required for the department of placement of outdoor storage areas.
(16) Underground wiring. All local distribution lines for franchised utilities (telephones, electric service, cable television) shall be placed entirely underground throughout the manufactured housing development area. Mainlines and perimeter feed lines located on a section or quarter section line may be above ground if they are configured or installed within the state electrical code guidelines. Conduits or cables shall be placed within private easements provided to the service companies by the proprietor and/or developer or within public ways. Those telephones and electrical facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. All telephones and electrical facilities shall be constructed in accordance with standards of construction approved by the Michigan Public Service Commission.
(17) Mailbox clusters. The United States Postal Service may require that clusters of mailboxes servicing several sites rather than individual mailboxes serving individual sites serve manufactured housing development. If mailbox clusters are required, they shall be located at least 200 feet from any intersection of a manufactured housing development road with a public road.
(18) Swimming pools.
(a) Swimming pool shall mean any permanent, non-portable structure or container located either above or below grade designed to allow holding of water to a depth of greater than 24 inches, intended for swimming, bathing or relaxation. The definition of swimming pool includes spa, hot tubs and similar devices.
(b) A fence or similar enclosure shall be erected and maintained around any swimming pool. Such fence or enclosure shall be constructed of durable, weather resistant wood and/or chain link material and shall be approved by the Building Official or other official responsible for code enforcement and the manufactured housing development management.
(c) A swimming pool fence shall not be closer than 25 feet to any occupied dwelling if placed on a residential lot.
(d) Freestanding swimming pools, spas, hot tubs and similar devices shall not be located between any home and roadway.
(e) A slip resistant walk, at least four feet in width, shall surround all community swimming pools.
(f) Permits shall be applied for and issued from the Building Department and State Health Department prior to excavation or construction of any swimming pool requiring a fence as noted in divisions (a) and (b) above. The application shall be accompanied by a complete set of plans and specifications. A final inspection and approval from the Building Official or other official responsible for code enforcement must be obtained prior to use of the swimming pool.
(19) School bus stops. School bus stops shall be located in an area that is acceptable to the school district and the manufactured housing development developer.
(F) Design standards for individual lots/dwelling units. No manufactured home or mobile home shall be permitted to occupy any site or lot in the manufactured housing development if the home is either longer or wider than permitted by the following requirements.
(1) Site size. The manufactured home development shall be developed with individual sites averaging 5,500 square feet. This 5,500 square feet may be reduced by up to 20% provided that the individual site shall be equal to at least 4,400 square feet. For each square foot of land gained through the reduction of a site below 5,500 square feet, at least an equal amount of land shall be dedicated as open space. This open space shall be in addition to that required under R 125.1946, Rule 946 and R 125.1941 and R 125.1944, Rules 941 and 944 of the Michigan Administrative Code.
(2) Setbacks and spacing.
(a) For a home not sited parallel to an internal road, 20 feet from any part of an attached structure of an adjacent home that is used for living purposes.
(b) For a home sited at a 90º angle to an internal road, 15 feet from any part of an attached structure of an adjacent home that is used for living purposes.
(c) Ten feet from any attached or detached accessory structure of an adjacent manufactured home.
(d) Fifty feet from any permanent building.
(e) One hundred feet from any baseball, softball, or similar recreational field.
(f) Ten feet from the edge of an internal road provided that such road is not dedicated to the public. Manufactured homes and other structures shall be set back from the right-of-way line of a dedicated public road within the manufactured housing development, in compliance with Wayne County Road Commission requirements and standards.
(g) Seven feet from any parking bay.
(h) Seven feet from a common sidewalk.
(i) All manufactured homes, accessory buildings, and parking shall be set back not less than 20 feet from any manufactured housing development boundary line, except that a minimum setback of 50 feet shall be provided from existing right-of-way lines of abutting streets and highways.
(j) Fifty feet from the edge of any railroad right-of-way.
(3) Maximum height. The maximum height of a manufactured home shall be one story or 25 feet. However, storage sheds shall not exceed one story or 14 feet.
(4) Water meters. A development master meter shall be required and individual site metering may be utilized.
(5) Storage areas. No personal property shall be stored outside, under any manufactured home or within carports, which are open on any side. Storage sheds with a maximum area of 144 square feet may be placed on any individual manufactured home site.
(6) Standards for accessory structures. All accessory structures on a lot or site shall meet the following:
(a) Accessory buildings or structures, shall not be permitted in the front yard of any site (that is, they must be placed behind the front building line).
(b) Attached accessory buildings and structures shall consist of materials similar to the principal building and shall be approved by management.
(c) All detached accessory buildings shall be at least ten feet from an adjacent residential unit.
(d) All accessory buildings and structures shall require a permit issued by the city and shall be secured and anchored.
(e) Sheds and other detached structures shall be anchored.
(7) Parking.
(a) Each residential unit shall have a minimum of two on or off-street parking spaces, which do not block circulation along sidewalks.
(b) In addition, a minimum of one parking space for every three manufactured home sites shall be provided for visitor parking located convenient to the area served. Visitor parking spaces shall be counted and designated separately from all other parking spaces including those spaces required for employees and any community facility.
(c) In addition, parking in an amount determined by the Planning Commission, consistent with other zoning regulations, which apply to public access buildings in the city, shall be provided adjacent to any community buildings recreational facilities or office/maintenance buildings.
(8) Vehicle repair/inoperable vehicle storage. No vehicular repair or changing of oil or use of other potentially hazardous materials or procedures is permitted within the development. Further no vehicles that are inoperable for a period of 72 consecutive hours shall be stored and/or remain in any outdoor area associated with the developed property.
(G) Review standards. The Planning Commission shall consider the following when reviewing a rezoning application for a manufactured housing development:
(1) Whether the proposed development meets the design standards of this subchapter and the Rules of the Michigan Manufactured Housing Commission.
(2) Whether the proposed developments is adequately served by public, municipally maintained and operated infrastructure systems for sanitary sewer, and drinking water.
(3) The city may require the submission of a Traffic Impact Study, if the expected traffic would have a perceived adverse impact on the roadway system and/or the surrounding areas.
(4) Whether there is a demonstrated and documented regional and/or city demand for additional manufactured housing, taking into account such things as occupancy/vacancy rates in the parks located in Wayne County; the possibility for expansion of an existing park; and, parks and pads under construction and/or expansion.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.141 OUTDOOR THEATERS.
Because outdoor theaters possess the unique characteristic of being used only after darkness and since they develop a concentration of vehicular traffic in terms of ingress and egress from their parking area, they shall be permitted only within an M-1 or B-3 District and only when the site in question is surrounded by an M-1 or B-3 District. Outdoor theaters are further subject to the following conditions:
(A) The proposed internal design shall receive approval from the Building Official or other official responsible for code enforcement and the City Engineer as to adequacy of drainage, lighting, screening and other technical aspects.
(B) Outdoor theaters shall abut directly upon a major thoroughfare of not less than 120 feet of right-of-way.
(C) Points of ingress and egress shall be available to the outdoor theater only from abutting major thoroughfares of not less than 120 feet of right-of-way width and shall not be available from any residential street.
(D) All vehicles, waiting or standing to enter the facility, shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated right-of-way.
(E) The area shall be laid out so as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares. All lighting used shall be directed onto the premises of the outdoor theater site.
(F) Proposed outdoor theater shall be subject further to the review and approval of the City Council.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.142 FLOODPLAIN ZONES; NATIONAL FLOOD INSURANCE PROGRAM.
(A) Intent. The city desires to participate in the National Flood Insurance Program and comply with all applicable statutory and regulatory requirements for the purpose of significantly reducing all hazards to persons, property damage and public expenditures, and to provide for the availability of flood insurance and federal funds or loans.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASE FLOOD. The flood level having one percent chance of being equaled or exceeded in any given year.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, the unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD HAZARD AREA. Land, which on the basis of available floodplain information is subject to a one percent or greater chance of flooding in any given year.
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY. The official report provided by the Federal Insurance Administration. The report contains flood profiles, the water surface elevation of the base flood, and may include a Flood Boundary Floodway Map.
FLOODPLAIN. Any land area susceptible to being inundated by water from any source.
FLOODWAY. The channel of a river or other watercourse and the adjacent, land areas, which must be reserved in order to discharge the base flood.
REGULATORY FLOOD DATUM (RFD). The 100-year floodplain contour line synonymous with Base Flood Elevation.
STRUCTURE. A walled and roofed building that is principally above ground, gas or liquid storage facility, as well as a mobile home.
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged or is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
(C) Flood Insurance Rate Map. The map panels 26163C, 0240E, 0241E, and 0243E entitled Flood Insurance Rate Map of the City of Inkster, Wayne County, Michigan, dated February 2, 2012, as amended, shall be the official map for determination and regulation pursuant to this subchapter.
(D) Necessary permits shall be issued. Floodplain permit, approval or letter of no authority from the Michigan Department of Environmental Quality shall be required. The Building Official or other official responsible for code enforcement shall insure that all necessary permits have been issued, including a resources under authority of Act 230, of the Public Acts of 1972, as amended, State of Michigan.
(E) Code appendix enforced. Pursuant to the provisions of the state construction code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, Appendix G of the Michigan Building Code shall be enforced by the enforcing agency within the jurisdiction of the city.
(F) Areas of special flood hazard.
(1) Where an area of special flood hazard has been identified by the map referenced in this section, but no elevation data is available, the Building Official or other official responsible for code enforcement shall require new or substantially improved structures in the identified area to meet the standards of one of the Sections 401.2, 401.3, 401.4, 401.5, 612.2.1, 612.2.2, or 612.2.3, as applicable in the Army Corps of Engineers’ Flood Proofing Regulations.
(2) Where an area of special flood hazard has been identified by the map referenced in this section, and elevation data is available, the Building Official or other official responsible for code enforcement shall require new and substantially improved residential structures to meet the applicable standards of either Section 612.2.1, 612.2.2, or 612.2.3 the Army Corps of Engineers’ Flood Proofing Regulations, and new and substantially improved nonresidential structures to meet the applicable standards of either Section 612.2.1, 612.2.2, 612.2.3, 401.2 or 401.3 of the Army Corps of Engineers’ Flood Proofing Regulations.
(G) Flood elevation information - records. The Building Official or other official responsible for code enforcement shall obtain first floor elevation information and maintain a record of structures in the special flood hazard area identified by the map referenced in this section, indicate the elevation of lowest habitable floor, whether the structure contains a basement, and the elevation to which the structure has been flood proofed.
(H) Flood data from other sources. The Building Official or other official responsible for code enforcement shall obtain, review and reasonably utilize flood data available from other federal, state or other sources pending receipt of data from the Federal Emergency Management Agency. The most recent flood elevation data received from the Federal Emergency Management Agency shall take precedence over data from other sources.
(I) Designation of regulated flood prone hazard areas. The Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) entitled “Wayne County, Michigan (All Jurisdictions)” and dated December 3, 2013 and the Flood Insurance Rate Map(s) (FIRMS) panel number(s) of 26163C; 0241E dated February 2, 2012 and panel numbers 0240F and 0243F dated December 3, 2013 are adopted by reference for the purposes of administration of the Michigan Construction Code, and declared to be a part of Section 1612.3 of the Michigan Building Code, and to provide the content of the “flood hazards” section of Table R301.2(1) of the Michigan Residential Code.
(J) Agency designated. Pursuant to the provisions of the state construction code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, the Building Official of the city is hereby designated as the enforcing agency to discharge the responsibility of the city under Act 230, of the Public Acts of 1972, as amended, State of Michigan. The city assumes responsibility for the administration and enforcement of said Act throughout the corporate limits of the city.
(Ord. 792, passed 12-3-01; Am. Ord. 839, passed 2-20-12; Am. Ord. 846, passed 2-3-14)
§ 155.143 STANDARDS FOR PROCESSING BIO-DIESEL FUELS.
(A) Landscape buffering or screening shall be added, subject to the review and approval by the Planning Commission, adjacent to all areas owned or containing residential units.
(B) Applicable licenses with the State of Michigan and other governmental agencies shall be maintained at all times.
(C) The proposed facilities and processes shall be subject to the review and approval by the Fire Marshal and Building Official/Inspector.
(D) The hours of operation shall be reviewed and approved by the Planning Commission in consideration of potential negative impacts, including but not limited to, trucking in shipping operations, noise, order, glare, etc.
(E) Review and approval of the site plan submitted to the Planning Commission pursuant to the conditions imposed under § 155.286 Site Plan Review.
(F) If the site has to store any hazardous materials thus becoming a 302-regulated site, then the site shall obtain a use variance from the Zoning Board of Appeals and shall obtain any other approvals required from any federal, state or county agencies.
(G) No animal products or animal bi-products shall be used in the manufacturing and processing of bio-diesel fuels.
(H) Any other conditions that the City Council/Planning Commission may find relevant and applicable.
(Ord. 813, passed 6-6-07; Am. Ord. passed 2-20-17)
§ 155.144 TATTOO ESTABLISHMENTS.
(A) No tattoo establishment shall have an entrance or exit way providing a direct passageway to any type of business, residence or living quarters.
(B) All tattoo establishments subject to this article are declared to be public places, and shall not, during business hours, have the doors to the exits and entrances of such establishment locked or obstructed in any way so as to prevent free ingress and egress of persons; provided, however, that such doors may be closed.
(C) Federal, state and county regulations shall be complied with.
(Ord. 830, passed 12-21-09) Penalty, see § 155.999
§ 155.145 CHARITABLE GAMING ROOM.
(A) Such uses shall abut directly upon a major thoroughfare with not less than 86 feet of right-of-way width. All ingress and egress to the site shall be directly from said thoroughfare.
(B) All vehicles waiting or standing to enter the facility shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated right-of-way.
(C) A business license shall be required pursuant to Chapter 113 of the Code of Ordinances.
(D) An existing licensed non-profit qualified organization operating a gaming room in the city prior to the effective date of this section may continue to operate as permitted by such license. Any increase in the frequency of gaming events or the expansion of building area utilized for gaming activities shall require approval of a special land use permit as required by this Code.
(Ord. 836, passed 2-21-11; Am. Ord. passed 2-20-17)
§ 155.146 STANDARDS FOR ALL MEDICAL MARIJUANA FACILITIES.
Publisher's Note: This Section has been AMENDED by new legislation (Resolution No. 04-23-059R, adopted 4-17-2023). The text of the amendment will be incorporated below when the ordinance is codified.
(A) The medical use of marijuana shall comply at all times and in all circumstances with the Michigan Medical Marihuana Act, Medical Marihuana Facilities Licensing Act, State of Michigan regulations for the transfer of medical marijuana, and the General Rules of the Michigan Department of Community Health, as they may be amended from time to time.
(B) A state license and local business license is required for all medical marijuana facilities.
(C) Smoking and/or use of medical marijuana shall be prohibited at medical marijuana facilities.
(D)
Security cameras shall be installed and maintained; and are subject to approval by the City Police Chief. All security cameras shall have a minimum resolution of 1080p, and at least 14 concurrent days of digitally recorded documentation. The security cameras shall be in operation 24 hours a day, seven days a week, and shall be set to maintain the record of the prior 14 days of continuous operation. An alarm system is required that is operated and monitored by a recognized security company.
(E) Exterior lighting shall be required for security purposes, but in accordance with the provisions of the Zoning Ordinance.
(F) The premises shall be open for inspection upon request by the Building Official, the Fire Department and law enforcement officials for compliance with all applicable laws and rules, during the stated hours of operation/use and as such other times as anyone is present on the premises.
(G) Quarterly inspections may be made by the City Official’s designee to confirm the facility is operating in accordance with applicable laws including, but not limited to, state law and city ordinances.
(H) Any medical marijuana facilities shall not have exterior signage using the word “marihuana” and/or “marijuana” or any other word, phrase or picture commonly understood to refer to marijuana. Neon signs and non-functional decorative lighting shall be prohibited. Sign(s) shall be posted stating that “No loitering is permitted” on such property.
(I) If the medical marijuana facility ceases operation for a length of time of six months or greater, the special land use shall expire.
(Ord. 852, passed 3-16-15; Am. Ord. passed 2-20-17; Am. Ord. 862, passed 9-18-17; Am. Ord. 870, passed 4-5-18)
§ 155.147 COMMERCIAL WAREHOUSE, WHOLESALE OPERATIONS AND DISTRIBUTION.
(A) The minimum lot or parcel size shall be one acre.
(B) The type and quantity of traffic generated by the operation shall be compatible with the permitted retail uses in the district.
(C) Ingress and egress shall be provided so as not to conflict with adjacent business uses or adversely affect traffic flow on adjacent businesses.
(D) Planning Commission may require a traffic impact study and a traffic management plan.
(E) The hours of operation shall be reviewed and approved by Planning Commission in consideration of potential negative impacts, including but not limited to, trucking and shipping, noise, odor, air quality, dust, spillage, glare, etc.
(F) Open air storage is not permitted and truck parking is not permitted outside of designated loading spaces.
(G) Planning Commission may determine that landscaping and screening is required.
(H) A minimum of 10% of the floor area, or 1,000 square feet, whichever is less, shall be used for accessory retail and office uses, which shall be primarily accessed via the front yard.
(I) Adequate parking shall be provided based on the parking requirements for wholesale establishments and any other accessory uses. Planning Commission may modify parking standards based on a parking study.
(J) Wherever the off-street parking is adjacent to land zoned for residential purposes, a continuous obscuring wall of four and one-half feet in height shall be along the sides of the parking area adjacent to the residentially zoned land. The wall shall be further subject to the provisions of § 155.074.
(Ord. 853, passed 1-5-15; Am. Ord. passed 2-20-17)
§ 155.148 MEDICAL MARIJUANA PROVISIONING CENTERS.
Publisher's Note: This Section has been AMENDED by new legislation (Resolution No. 04-23-059R, adopted 4-17-2023). The text of the amendment will be incorporated below when the ordinance is codified.
(A)
A provisioning center shall not be located within a 500 foot radius of a school, measured as the shortest distance from front door to front door.
(B) A provisioning center shall not be located within a 1,000 foot radius of a lawfully existing medical marijuana provisioning center, measured as the shortest distance from front door to front door.
(C) A provisioning center shall not share office space with a physician.
(D) Growing, cultivating, manufacturing, or processing of medical marijuana is prohibited.
(E) All activity related to the provisioning center shall be done indoors.
(F) Any medical marijuana provisioning center shall maintain a log book and/or database identifying by date the amount of medical marijuana on the premises for each qualifying patient/caregiver, keeping the qualifying patient and caregiver information confidential. This log shall be available to law enforcement personnel to confirm that the medical marijuana provisioning center does not have more medical marijuana than authorized at the location and shall not be used to disclose more information than is reasonably necessary to verify the lawful amount of medical marijuana at the facility. The facility shall maintain the confidentiality of qualifying patients in compliance with the Michigan Medical Marihuana Act, as amended, and applicable State of Michigan rules and regulations.
(G) Provisioning center drive-through facilities shall be prohibited.
(H) All medical marijuana shall be contained within the main building in an enclosed, locked facility.
(I) Application for a medical marijuana provisioning center license shall be made to the City Clerk upon application forms provided by the Clerk for medical marijuana provisioning center license and signed by the applicant verifying the truth and accuracy of all information and representations in the application. Applications including information and documentation provided pursuant to an application shall be subject to the confidentiality rules under the Act. In addition to information and submittals, the application shall include payment of application fee in an amount set by the City Council.
(J) The sale, consumption, or use of alcohol or tobacco products on the premises shall be prohibited at the provisioning center.
(K) Provisioning centers may have more than one caregiver.
(Ord. passed 2-20-17; Am. Ord. 862, passed 9-18-17; Am. Ord. 870, passed 4-5-18)
§ 155.149 TEMPORARY POP-UP COMMERCIAL USE.
Retail services may be permitted as a temporary use when:
(A) The retail use must:
(1) Be located within an enclosed fire area, as defined by the Building Code, that does not require structural changes to accommodate the use; and
(2) Have an approved certificate of occupancy or temporary certificate of occupancy.
(B) The retail use may not exceed 12,000 square feet in area unless an approved sprinkler system has been installed in accordance with the Fire Code;
(C) Pop-up commercial uses that serve food will be required to obtain permits for the Health Department;
(D) The following uses and activities may not be permitted as a temporary commercial use under this section:
(1) Personal services;
(2) A portable toiler serving the commercial use, whether located inside or outside of the use; or
(3) Storage of hazardous materials as defined by the Fire Code.
(E) A permit for a temporary pop-up commercial use under this section may be issued for up to 30 days and renewed twice, for a total operating period not to exceed 90 days.
(Ord. passed 2-20-17)
§ 155.149A STANDARDS FOR ALL MOBILE FOOD VENDING UNITS.
(A) Mobile food vendors shall only operate between the hours of 8:00 a.m. and 10:00 p.m. unless a waiver for extended hours of operation is approved by the Chief of Police.
(B) Vendors shall provide appropriate waste receptacles at the site of the unit and remove all litter, debris and other wastes attributable to the vendor and/or customers on a daily basis.
(C) No food shall be sold, prepared or displayed outside of the food truck or mobile food vending unit while on location.
(D) Vendors shall not use any flashing, blinking or strobe lights or similar effects to draw attention to the food truck or mobile food vending unit; all exterior lights over 60 watts shall contain opaque hood shields to direct the illumination downward.
(E) A mobile food vendor may have one portable sign that is no more than six square feet in area or a sandwich board sign with two faces that are no more than six square feet in area. The portable sign must be located within five feet of the unit. Under no circumstances shall such sign be placed upon the sidewalk or impede pedestrian and/or vehicle traffic and/or safety.
(F) Mobile food vendors shall not use any electricity or power without the prior written authorization of the power customer; no power cable or similar device shall be extended at or across any city street, alley, or sidewalk except in a safe manner.
(G) A mobile food vendor must be set-up and must vend in an outdoor location.
(Ord. 872, passed 11-15-18)
§ 155.149B STANDARDS FOR ALL MOBILE FOOD COURTS/PARKS.
(A) All individual vendors must comply with § 155.149A, “Standards for All Mobile Food Vending Units.”
(B) Tables, chairs, and canopies or enclosed seating areas for mobile food court customers are permitted.
(C) Mobile food courts/parks must provide at least one handicap accessible bathroom facility with one hand-washing station for every five mobile food vendors.
(D) There must be access to potable water and sewage disposal facilities on-site.
(E) Applicants must submit a layout of the mobile vendor units.
(Ord. 872, passed 11-15-18)
§ 155.150 MEDICAL MARIJUANA PROCESSING FACILITIES.
(A)
Processing facilities shall have a minimum 300-foot radius, measured as the shortest distance from front door to front door, to any structure in residentially zoned districts, and a minimum 500 foot radius, measured as the shortest distance from front door to front door to any library, church, child care center, licensed day care facility, preschool program center, primary, intermediate or secondary school, or like facility.
(B) All medical marijuana shall be contained indoors within the main building in an enclosed, locked facility.
(C) All permit holders must ensure that any water emanating from the permitted facility meets or exceeds all applicable state and local environmental standards.
(D) Application for a medical marijuana processing facilities license shall be made to the City Clerk upon application forms provided by the Clerk for medical marijuana processing facilities license and signed by the applicant verifying the truth and accuracy of all information and representations in the application. Applications including information and documentation provided pursuant to an application shall be subject to the confidentiality rules under the Act. In addition to information and submittals, the application shall include payment of application fee in an amount set by the City Council.
(Ord. 862, passed 9-18-17; Am. Ord. 870, passed 4-5-18)
§ 155.150A MEDICAL MARIJUANA TESTING FACILITIES.
(A)
Testing facilities shall have a minimum 500 foot radius, measured as the shortest distance from front door to front door to any child care center, licensed day care facility, preschool program center, primary, intermediate or secondary school, or like facility.
(B) All testing facilities shall have a secured laboratory space that cannot be accessed by the general public.
(C) All medical marijuana shall be contained indoors within the main building in an enclosed, locked facility.
(D) All permit holders must ensure that any water emanating from the permitted facility meets or exceeds all applicable state and local environmental standards.
(E) Application for a medical marijuana testing facilities license shall be made to the City Clerk upon application forms provided by the Clerk for medical marijuana testing facilities license and signed by the applicant verifying the truth and accuracy of all information and representations in the application. Applications including information and documentation provided pursuant to an application shall be subject to the confidentiality rules under the Act. In addition to information and submittals, the application shall include payment of application fee in an amount set by the City Council.
(Ord. 862, passed 9-18-17; Am. Ord. 870, passed 4-5-18)
§ 155.150B MEDICAL MARIJUANA TRANSPORTATION FACILITIES.
(A) All medical marijuana shall be stored indoors within the main building in an enclosed, locked facility when not actively in transit.
(B) Application for a medical marijuana transportation facilities license shall be made to the City Clerk upon application forms provided by the Clerk for medical marijuana transportation facilities license and signed by the applicant verifying the truth and accuracy of all information and representations in the application. Applications including information and documentation provided pursuant to an application shall be subject to the confidentiality rules under the Act. In addition to information and submittals, the application shall include payment of application fee in an amount set by the City Council.
(Ord. 862, passed 9-18-17)
§ 155.150C MEDICAL MARIJUANA CULTIVATION FACILITIES.
(A)
Cultivation facilities shall have a minimum 300-foot radius, measured as the shortest distance from front door to front door, to any structure in residentially zoned districts, and a minimum 500 foot radius, measured as the shortest distance from front door to front door to any library, church, child care center, licensed day care facility, preschool program center, primary, intermediate or secondary school, or like facility.
(B) All activity related to the medical marijuana cultivation facilities shall be done indoors.
(C) All permit holders must ensure that any water emanating from the permitted facility meets or exceeds all applicable state and local environmental standards.
(D) Application for a medical marijuana cultivation facilities license shall be made to the City Clerk upon application forms provided by the Clerk for medical marijuana cultivation facilities license and signed by the applicant verifying the truth and accuracy of all information and representations in the application. Applications including information and documentation provided pursuant to an application shall be subject to the confidentiality rules under the Act. In addition to information and submittals, the application shall include payment of application fee in an amount set by the City Council.
(Ord. 862, passed 9-18-17; Am. Ord. 870, passed 4-5-18)