The intent of this subchapter is to provide for those regulations which apply to those specific land uses, which may be treated either as permitted or special land use in certain zoning districts.

(Ord. 285, passed 12-8-2003)

   The open space development option may be applied for as a special use in R-1, R-2, and R-3 Districts subject to the standards set forth in § 154.023 and this section.

   (A)   Intent. The intent of the open space development option is to permit the development of residential patterns which, through design innovation, will: allow greater flexibility; encourage a more creative approach to the development of single-family residential areas; encourage a more efficient, aesthetic, and desirable use of the land; provide a more desirable living environment through the preservation and conservation of natural features such as topography, wetlands, woodlands, bodies of water, and other natural assets; and encourage the provision of open space so that benefits may accrue directly to the residents of the development.

   (B)   Qualification of parcels. The parcel must be located in a district zoned for residential use and must meet one or more of the following characteristics listed below. Requests for qualification under these conditions must be supported by documented evidence supplied by the applicant in either narrative or graphic form:

      (1)   The parcel contains natural assets, which would be preserved through the use of a clustered development. Such assets may include natural stands of large trees, land which serves as a natural habitat for wildlife, wetlands, bodies of water, unusual topographic features, or other natural assets, which should be preserved;

      (2)   The parcel contains major topographic conditions which would require mass grading resulting in loss of significant natural features; and/or

      (3)   The parcel contains substantial portions of floodplain and wetlands.

   (C)   Site design requirements. All developments submitted under this option shall conform to the following site design requirements.

      (1)   Development is permitted as either attached or detached dwelling units, provided the number of attached units shall not exceed 20% of the total number of units.

      (2)   (a)   When completed, the development shall have 20% of the gross acreage in the development devoted to open space, which shall remain in its natural state and/or be restricted to active and/or passive outdoor recreational purposes. Dedication of open space shall comply with the standards set forth in § 154.087. Designated open space shall include area within any greenbelts required by divisions (C)(3) and (C)(4) below, subject to the restrictions contained herein.

         (b)   The computation of designated open space shall not include: rights-of-way or easements designated for road purposes; areas within the minimum setbacks of a dwelling unit; land which is underwater (lakes, streams, watercourses, and other similar bodies of water); any area to be improved into a lake or pond; and/or more than 25% of the area of regulated wetlands.

      (3)   (a)   In addition to any required minimum setback specified in division (C)(6) below, a greenbelt, the minimum width as set forth below, shall be required along any adjacent public street. The greenbelt shall be measured from the street right-of-way. The Planning Commission, at its discretion, may permit either reductions or variations in width of the greenbelt taking into consideration topographic and/or other natural resource conditions, density of existing vegetation to be preserved, and size and shape of the development site.

         (b)   The following minimum greenbelt from adjacent public streets shall be applied.

 

 

      (4)   In order to provide an orderly transition of density when an open space development abuts a single-family residential district of equal or lower density, the Planning Commission, at its discretion, may require one or more of the following measures: designation of open space along the common boundaries; screening in accordance with the requirements of § 154.111(E); and/or an area or row of lots of commensurate size as neighboring residential lots.

      (5)   The number of dwelling units within any development permitted hereunder shall not exceed the number of dwelling units permitted in the zoning district in which the proposed development is located without application of the open space development option. The applicant must submit a concept plan that illustrates a site layout without the open space development option and all applicable ordinances and laws observed.

      (6)   Minimum setback requirements are established in a manner which permits variation in the siting of individual dwelling units in order to encourage creativity in design and compatibility with natural resource features. The minimum setback requirements for each dwelling unit shall be shown on the site plan as follows.

         (a)   In the case of single-family detached dwellings, the following minimum setbacks shall be applied.

 

 

 

 

      (7)   Any lot contained within an open space development shall have frontage on and direct access to a public street which has been accepted for maintenance by the city. The extent of street frontage shall be determined by the Planning Commission, at its discretion, taking into consideration topographic and/or other natural resource considerations, size, and shape of the development site, and public safety factors.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   (A)   (1)   Whenever the preservation of open space is required by this chapter, the applicant shall provide a demonstrated means that all open space portions of the development will be maintained in the manner approved. Documents shall be presented that bind all successors and future owners in fee title to commitments made as a part of the proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the city and the land uses continue as approved in the open space development plan.

      (2)   The dedicated open space shall be set aside by the applicant through an irrevocable conveyance that is found acceptable to the City Attorney, such as:

         (a)   Recorded deed restrictions; and/or

         (b)   Covenants that run perpetually with the land.

   (B)   Such conveyance shall assure that the open space will be protected from all forms of development, except as shown on an approved site plan, and shall never be changed to another use. Such conveyance shall:

      (1)   Indicate the proposed allowable use(s) of the dedicated open space;

      (2)   Demonstrate to the satisfaction of the city that dedicated open space shall be maintained;

      (3)   Provide standards for scheduled maintenance of the open space; and/or

      (4)   Provide for maintenance to be undertaken by the city in the event that the dedicated open space is inadequately maintained, or is determined by the city to be a public nuisance, with the assessment of costs upon property owners within the proposed development.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   (A)   The Mobile Home Code, as established by the Mobile Home Commission and the State Department of Public Health Rules under the authority of the Mobile Home Commission Act, Public Act 96 of 1987, being M.C.L.A. §§ 125.2301 through 125.2350, as amended, regulates development of mobile home parks. All mobile home parks must be constructed according to the standards of the Code.

   (B)   In addition to the rules and standards of the state, the city imposes the following conditions:

      (1)   Mobile home parks shall be constructed, licensed, operated, and managed in accordance with the provisions of the Mobile Home Commission Act, Public Act 96 of 1987, being M.C.L.A. §§ 125.2301 through 125.2350, as amended, and subsequently adopted rules and regulations governing mobile home parks;

      (2)   Mobile home parks shall not be permitted on parcels less than ten acres in size;

      (3)   Individual mobile home sites within a mobile home park shall have a minimum lot size of 5,500 square feet per mobile home being served. This 5,500 square foot minimum may be reduced by 20%, provided that the individual site shall be equal to at least 4,400 square feet. For each square foot of land gained through this reduction of the site below 5,500 square feet, an equal amount of land shall be dedicated as open space. In no case shall the open space requirements be less than that required under R125.1946, Rule 946 of the M.A.C.;

      (4)   The on-site storage of boat trailers, boats, camping units, horse trailers, and similar recreational equipment shall be prohibited on mobile home sites and in designated open space areas. The mobile home park may provide, within the confines of the park, a common outdoor storage area for the storage of the above mentioned equipment;

      (5)   (a)   Mobile home parks shall be landscaped as follows:

            1.   If the mobile home park abuts an existing residential development, the park shall be required to provide screening along the park boundary abutting the residential development;

            2.   If the park abuts a non-residential development, the park need not provide screening; and

            3.   In all cases, however, a park shall provide screening along the park boundary abutting a public right-of-way.

         (b)   The landscaping shall consist of evergreen trees or shrubs a minimum three feet in height, which are spaced so they provide a continuous screen at maturity. Alternative screening devices may be utilized if they conceal the mobile home park as effectively as the required landscaping described above.

      (6)   Mobile home parks shall be subject to preliminary plan review requirements and overseen by the Planning Commission in accordance with Public Act 96 of 1987, being M.C.L.A. §§ 125.2301 through 125.2350, as amended; and/or

      (7)   A permit shall not be required for the construction or erection of canopies or awnings which are open on three sides. A building permit shall be required, however, before the construction or erection of any screened, glassed-in, or otherwise enclosed awning or canopy.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   (A)   Intent. It is the intent of this section to establish standards for day care facilities, which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

   (B)   Application of regulations.

      (1)   A state licensed family day care home shall be considered a residential use of property and a permitted use in all residential districts.

      (2)   The Planning Commission may, by issuance of a special use permit, authorize the establishment of group day care homes and day care centers as specified in district regulations and subject to the standards herein.

   (C)   Standards for group day care homes. Group day care homes shall be considered as a special land use subject to the requirements and standards of § 154.023 and the following additional standards:

      (1)   The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located and shall be connected to public sewer and water, where available;

      (2)   The property is maintained in a manner that is consistent with the character of the neighborhood;

      (3)   An outdoor play area of at least 500 square feet shall be provided on the premises. Said play area shall not be located within the front yard setback. This requirement may be waived by the Planning Commission if a public play area is within 500 feet of the subject parcel;

      (4)   All outdoor play areas shall be enclosed by a fence that is designed to discourage climbing, and is at least four feet in height, but no higher than six feet;

      (5)   The hours of operation do not exceed 16 hours within a 24-hour period. Activity between the hours of 10:00 p.m. and 6:00 a.m. shall be limited so that the drop-off and pick-up of children is not disruptive to neighboring residents;

      (6)   One off-street parking space per employee not a member of the group day care home family shall be provided; and

      (7)   Appropriate licenses with the state shall be maintained.

   (D)   Standards for day care centers. Day care centers shall be considered as a special land use subject to the requirements and standards of § 154.023 and the following standards:

      (1)   The day care center shall be served by public sewer and water, where available;

      (2)   A separate drop-off and pick-up area shall be provided adjacent to the main building entrance, located off of a public street and the parking access lane, and shall be of sufficient size so as to not create congestion on the site or within a public roadway;

      (3)   Off-street parking shall be provided at a rate of one space per employee plus one space for every five children enrolled at the facility;

      (4)   A fenced outdoor play area of at least 1,000 square feet shall be provided on the premises. Said play area shall not be located within the front setback. This requirement may be waived by the Planning Commission if public play area is available 500 feet from the subject parcel; and

      (5)   Appropriate licenses with the state shall be maintained.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   (A)   Intent. It is the intent of this section to establish standards for adult foster care facilities, which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

   (B)   Application of regulations.

      (1)   A state licensed adult foster care small group home serving six persons or less and adult foster care family home shall be considered a residential use of property and a permitted use in all residential districts.

      (2)   The Planning Commission may, by issuance of a special use permit, authorize the establishment of adult foster care small group homes serving between six and 12 persons and adult foster care large group homes serving between 13 and 20 in the following zoning districts: R-1; R-2; R-3; R-4; and R-5.

      (3)   The Planning Commission may, by issuance of a special use permit, authorize the establishment of an adult foster care congregate facility serving more than 20 adults in the R-4 District.

   (C)   Standards for adult foster care small group homes serving between six and 12 persons and adult foster care large group homes. Such homes shall be considered as a special land use subject to the requirements and standards of § 154.023 and the following additional standards:

      (1)   A site plan, prepared in accordance with § 154.024, shall be required to be submitted;

      (2)   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 1,500 square feet per adult, excluding employees and/or care givers;

      (3)   The property is maintained in a manner that is consistent with the character of the neighborhood;

      (4)   One off-street parking space per employee and/or caregiver shall be provided;

      (5)   At its sole discretion, the Planning Commission may determine that landscape screening in accordance with § 154.111(E) is required; and

      (6)   Appropriate licenses with the state shall be maintained.

   (D)   Standards for adult foster care congregate facilities. Such facilities shall be considered as a special land use subject to the requirements and standards of § 154.023 and the following standards:

      (1)   A site plan, prepared in accordance with § 154.024, shall be required to be submitted;

      (2)   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 1,500 square feet per adult, excluding employees and/or care givers;

      (3)   Parking requirements as required for convalescent homes and similar facilities, set forth in §§ 154.175 through 154.184 shall be met;

      (4)   All landscape requirements set forth in § 154.111 shall be met; and

      (5)   Appropriate licenses with the state shall be maintained.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   Self-storage facilities shall be subject to the following requirements and conditions.

   (A)   No activity other than rental of storage units and the rental of outside storage space for recreational vehicles shall be allowed. No commercial, wholesale, retail, industrial, or other business use on, or operated from, the facility shall be allowed, other than those sales conducted to liquidate stored items as performed by owner.

   (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)   Other than the storage of recreational vehicles, all storage shall be contained within a building. All recreational vehicle storage shall be screened from the view of neighboring properties and public roads in accordance with § 154.111.

   (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 access drives clearly marked to distinguish traffic flow. A minimum 24-foot wide drive shall be provided between buildings. Site circulation shall be designed to accommodate fire trucks, as well as trucks that will customarily access the site.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   Sales for new and used automobiles, boats, mobile homes, farm machinery, and other vehicles shall be subject to the following provisions.

   (A)   No strings of flags, pennants, or bare light bulbs shall be permitted.

   (B)   No vehicles or merchandise for sale shall be displayed or stored within any required front yard setback.

   (C)   No broadcast of continuous music or announcements over any loudspeaker or public address system shall be permitted.

   (D)   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.

   (E)   All activities related to vehicle washing, service, and repair equipment shall be entirely enclosed within a building.

   (F)   Driveways shall be designed to accommodate the type and volume of vehicular traffic using the site and located in a manner which is compatible with uses located adjacent to and across the site.

   (G)   Inoperative or unlicensed vehicles or discarded or salvaged materials shall not be stored outside.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   (A)   A contractor’s office building shall be of permanent construction. Temporary construction trailers shall be permitted only during the duration of a construction project, in accordance with § 154.067(B). Outdoor storage shall be strictly and clearly accessory to the contractor’s principal office use of the property. Only products, materials, and equipment owned and operated by the principal use shall be permitted for storage.

   (B)   Storage shall not be located within the required front yard. Such storage shall not be located in any required parking or loading space.

   (C)   Storage shall be screened from the view of public street, and adjacent properties zoned either residential, commercial, or office. Screening measures shall meet the requirements of § 154.111(E).

   (D)   The location and size of areas for storage, nature of items to be stored therein, and details of the enclosure, including description of materials, height, and typical elevation of the enclosure shall be provided as part of the information submitted under § 154.024.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   Automobile service stations and washes shall be subject to the following standards.

   (A)   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.

   (B)   All activities related to vehicle washing, service, and repair equipment shall be entirely enclosed within a building.

   (C)   Driveways shall be designed to accommodate the type and volume of vehicular traffic using the site and located in a manner which is compatible with uses located adjacent to and across from the site.

   (D)   Inoperative or unlicensed vehicles shall not be stored outside for more than seven days. Such storage shall not occur in front of the building front line.

   (E)   Vehicle sales shall not be permitted on the premises of any automobile service station or wash.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   Automobile repair and collision shops shall be subject to the following standards.

   (A)   The outside storage of automobiles to be repaired shall be screened from off-site view by walls (including building walls) or fences at least eight feet in height. However, a screening wall or fence less than eight feet high, but not less than six feet high, existing on the date of enactment of this provision may serve in lieu of such eight-foot wall or fence. Fences or walls of six feet in height is permitted in the front yard so long as it does not inhibit the vision of drivers entering or exiting the site. All outside storage areas, including the material and surface of screening walls or fences, shall be specifically shown on the site plan, and be approved by the Planning Commission.

   (B)   Wrecked, damaged, or otherwise inoperable motor vehicles shall be stored in said parking/storage area for a period not to exceed 96 hours. No more than a total of three such vehicles per service bay shall be stored at any time.

   (C)   Storage of materials, supplies, equipment, or similar items shall be in an enclosed building.

   (D)   Dismantling and/or salvaging of vehicles for parts recovery is prohibited.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   A sidewalk café service operated by a restaurant or other food establishment which sells food for immediate consumption may be permitted in the Central Business District (CBD), subject to the following conditions.

   (A)   A site plan depicting the location and layout of the café facility shall be required. Approval for the use is to be done administratively by the Zoning Administrator. A permit shall remain in effect, unless a change in ownership occurs or the operation of the café fails to meet the standards contained herein.

   (B)   A sidewalk café may be located in the front yard of or adjacent to the establishment. A sidewalk café that extends beyond the property lines of the applicant shall require the permission of the affected property owners.

   (C)   If a sidewalk café is located on a public sidewalk, a minimum of five feet of unobstructed, pedestrian access along the sidewalk shall be maintained. Adequate space shall be provided for vehicle entry between on-street parking spaces and the sidewalk café.

   (D)   A sidewalk café shall be allowed only during normal operating hours of the establishment.

   (E)   The exterior of the premises shall be kept clean, orderly, and maintained or the permit may be revoked. All food preparation shall be inside of the premises.

   (F)   The city shall not be held liable or responsible for any type of damage, theft, or personal injury which may occur as a result of a sidewalk café operation.

   (G)   All sidewalk cafés shall comply with applicable regulations of the County Health Department and the state.

   (H)   Use of sidewalks for other than sidewalk café service, particularly for sidewalk sales, is also permitted in the CBD, subject to the above conditions and the following: the time limit for sidewalk sales and other such uses shall be limited. The sidewalk sales shall not exceed 48 hours. In addition, the use of the sidewalk for such at a particular location shall be limited to three times a year.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   (A)   Each premises must be occupied and operated by its owner.

   (B)   The proposed use shall not cause a nuisance to adjoining residences due to noise, odor, lighting, or traffic.

   (C)   No bed and breakfast sleeping room shall be permitted that does not comply with the construction code.

   (D)   No separate cooking facilities shall be used for bed and breakfast stay.

   (E)   The stay of bed and breakfast occupants shall be no more than 14 consecutive days and not more than 30 days in any one calendar year.

   (F)   The operator of each facility shall keep a list of the names of all persons staying at the bed and breakfast; the list shall be available for inspection by the Zoning Administrator.

   (G)   One bathroom for every three sleeping rooms shall be provided, with a minimum of two bathrooms.

   (H)   One hard surface parking space such as asphalt or concrete shall be provided off-street in the side or rear yard area for each bed and breakfast bedroom.

   (I)   One non-illuminated wall sign made of wood shall be permitted, not to exceed six square feet in display area.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   (A)   Findings.

      (1)   The Federal Telecommunications Act of 1996 (“the Act”), being 47 U.S.C. Ch. 5, Subchs. I, II and VI, grants the Federal Communications Commission (FCC) exclusive jurisdiction over:

         (a)   The regulation of the environmental effects of radio frequency (RF) emissions from telecommunications facilities; and

         (b)   The regulation of radio signal interference among users of the RF spectrum.

      (2)   The city’s regulation of WCEC, WCE and WCSS in the city will not have the effect of prohibiting any person from providing wireless telecommunications services in violation of the act.

   (B)   Purposes. The general purpose of this section is to regulate the placement, construction, and modification of WCEC, WCE and WCSS in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the city. Specifically, the purposes of this chapter are:

      (1)   To regulate the location of WCEC, WCE, and WCSS in the city;

      (2)   To protect residential areas and land uses from potential adverse impact of WCEC, WCE, and WCSS;

      (3)   To minimize adverse visual impact of WCEC, WCE, and WCSS through careful design, siting, landscaping, and innovative camouflaging techniques;

      (4)   To promote and encourage the collocation of WCE as a primary option rather than construction of new WCSS;

      (5)   To promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new WCSS structures to support WCE;

      (6)   To avoid potential damage to property caused by WCEC, WCE, and WCSS by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or are determined to be structurally unsound; and

      (7)   To ensure that WCEC, WCE, and WCSS are compatible with surrounding land uses.

   (C)   Collocation of wireless communications equipment (WCE).

      (1)   To encourage collocation and to minimize the number of WCSS within the city, WCE shall be considered a permitted accessory use and not subject to local zoning approval by the city when all of the following criteria are met:

         (a)   The WCE will be collocated on an existing WCSS or an existing equipment compound;

         (b)   The existing WCSS or existing equipment compound is in compliance with local zoning requirements or received prior approval by the city;

         (c)   The proposed collocation will not:

            1.   Increase the overall height of the WCSS by more than 20 feet or 10% of its original height, whichever is greater;

            2.   Increase the width of the WCSS by more than the minimum necessary to permit collocation; and

            3.   Increase the area of the existing WCEC to greater than 2,500 square feet.

         (d)   The proposed collocation complies with the terms and conditions of any previous final approval of the WCSS or equipment compound by the city.

      (2)   WCE installations that are part of a proposed collocation activity that meet the requirements of divisions (C)(1)(a) and (C)(1)(b) above, but do not meet the requirements of division (C)(1)(c) above or division (C)(1)(d) above, shall be subject to special use approval procedures outlined in § 154.023. The Zoning Administrator shall determine that the special use permit application is administratively complete within 14 business days of its receipt. The Planning Commission shall also approve or deny the application not more than 60 days after the application is considered to be administratively complete.

      (3)   WCE installations that are part of a proposed collocation activity and which also fully meet the requirements of division (C)(1) above shall be considered a permitted use of property and not subject to special use procedures or any other zoning approval by the city. Plans for such installation shall be administratively reviewed by the Zoning Administrator to verify compliance with such requirements. The Zoning Administrator shall complete his or her administrative review of the proposed installation plans within 14 business days of his or her receipt of such plans.

   (D)   Installation of wireless communications equipment (WCE) not part of a proposed collocation activity.

      (1)   The installation of a new WCE not part of a proposed collocation activity shall comply with the following provisions.

         (a)   WCE shall require no personnel on the premises except as is necessary for maintenance and repair of the WCE and/or supporting WCSS.

         (b)   Equipment shelters, cabinets, and similar structures located within a WCEC shall not be greater than 15 feet in height and shall meet all requirements for accessory buildings specified in § 154.061.

         (c)   All WCE shall be designed to blend into or meet the aesthetic character of the principal (primary) structure where reasonably practical, taking into consideration the location of the WCE and the line of sight angle and its visibility and distance from the right-of-way and neighboring uses.

         (d)   WCE proposed to be located on a historic landmark or in a designated historic district may be denied if the WCE would visually detract from the historic character of the historic landmark or district.

         (e)   This section shall not exempt the applicant from such other government review and permitting procedures (i.e., FCC, FAA, and the like).

      (2)   The installation of WCE not part of a proposed collocation activity meeting the requirements of division (D)(1) above shall be considered to be a permitted use of property not subject to special use permit approval or any other zoning approval by the city. Plans for such installation shall be administratively reviewed by the Zoning Administrator to verify compliance with such requirements. The Zoning Administrator shall complete his or her administrative review of the proposed installation plans within 14 business days of his or her receipt of such plans.

   (E)   Development of a new wireless communication equipment compound (WCEC) and wireless communication support structure (WCSS).

      (1)   A WCEC and WCSS shall be allowed as a special use of land in the General Commercial and Limited Industrial zoning districts subject to the approval procedures of § 154.023 and additional requirements herein.

      (2)   WCSS are exempt from the maximum height restrictions of the districts where located. WCSS shall be permitted to a height of 150 feet.

      (3)   The applicant must include a statement in the application of its good faith intent to allow the collocation of the WCE of other entities, provided that the cost of modifying the WCEC and WCSS to accommodate the collocation WCE is borne by the collocating entity.

      (4)   An application to develop a WCEC and WCSS shall include:

         (a)   The name, address, and telephone number of the owner and lessee of the parcel of land upon which the WCEC is situated. If the applicant is not the owner of the parcel of land upon which the WCEC is situated, the written consent of the owner shall be evidenced in the application;

         (b)   The legal description, parcel number, and address of the parcel of land upon which the WCEC is to be situated;

         (c)   The application shall include a map showing existing and known proposed WCSS within the city, and further showing existing and known WCSS within areas surrounding the borders of the city in the location, and in the area, which are relevant in terms of potential collocation or in demonstrating the need for the proposed facility;

         (d)   A description of the design plan proposed by the applicant in the city. Applicant must identify its utilization of the most recent technological design, including micro-cell design, as part of the design plan. The applicant must demonstrate the need for a WCSS and why design alternatives, such as the use of micro-cell, cannot be utilized to accomplish the provision of the applicant’s telecommunications services;

         (e)   An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to obtain permission to install or collocate the WCE on city-owned WCSS located within the city limits and/or a one-half mile radius of the proposed WCEC site;

         (f)   An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to install or collocate the WCE on WCSS owned by others located within the city limits and/or a one-half mile radius of the proposed WCEC site;

         (g)   Written technical evidence from a licensed engineer(s) that the proposed WCE cannot be installed or collocated on another person’s WCSS owned by other persons located within the city limits and/or a one-half mile radius of the proposed WCEC site;

         (h)   A written statement from a licensed engineer(s) that the construction and placement of the WCSS will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and non-residential properties;

         (i)   Written, technical evidence from a licensed engineer(s) that the proposed structure will be structurally sound and, at minimum, in conformance with the Building Code, and any other standards outlined in this chapter;

         (j)   Written, technical evidence from a licensed engineer(s) acceptable to the Fire Chief and the Building Official that the proposed site of the WCEC does not pose a risk of explosion, fire, or other danger to life or property due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals;

         (k)   In order to assist city staff and the Planning Commission in evaluating visual impact, the applicant shall submit color photo simulations showing the proposed site of the WCSS with a photo-realistic representation of the proposed WCSS as it would appear viewed from the closest residential property and from adjacent roadways;

         (l)   The Act gives the FCC sole jurisdiction of the field of regulation of RF emissions and does not allow the city to condition or deny on the basis of RF impacts the approval of any telecommunications facilities (whether mounted on towers or antenna support structures) which meet FCC standards. In order to provide information to its citizens, the city shall make available upon request copies of ongoing FCC information and RF emission standards for telecommunications facilities transmitting from towers or antenna support structures. Applicants shall be required to submit information on the proposed power density of their proposed telecommunications facilities and demonstrate how this meets FCC standards; and

         (m)   Written documentation demonstrating compliance with the Bishop International Airport Joint Airport Zoning Ordinance 98-1 and copies of any permits required under such ordinance. For a tower in the vicinity of any other airport, copies of permits from the MDOT Office of Aeronautics as may be required under the state’s Tall Structure Act, Public Act 259 of 1959, being M.C.L.A. §§ 259.481 through 259.493, as amended.

      (5)   The Planning Commission may require an applicant to supplement any information that the Commission considers inadequate or that the applicant has failed to supply. The Commission may deny an application on the basis that the applicant has not satisfactorily supplied the information required in this division (E). The Zoning Administrator shall determine whether the special use permit application is administratively complete within 14 business days of its receipt. The Planning Commission shall approve or deny the application not more than 90 days after the application is considered administratively complete.

   (F)   Setbacks.

      (1)   All WCSS up to 100 feet in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district. WCSS in excess of 100 feet in height shall be set back one additional foot per each foot of tower height in excess of 100 feet.

      (2)   Setback requirements for WCSS shall be measured from the outermost edge of the WCEC to the property line of the parcel of land on which it is located.

      (3)   Setback requirements may be modified, as provided in division (P) below, when placement of a WCSS in a location which will reduce the visual impact can be accomplished. For example, adjacent to trees which may visually hide the WCSS.

      (4)   WCEC shall be separated from all residentially zoned lands by a minimum of 200 feet or 200% of the height of the proposed WCSS, whichever is greater.

      (5)   Proposed WCEC must meet the following minimum separation requirements from existing WCEC or WCEC which have a special use permit but are not yet constructed at the time a special use permit is granted pursuant to this code.

         (a)   Monopole WCSS shall be separated from all other WCSS, whether monopole, self-supporting lattice, or guyed, by a minimum of 750 feet.

         (b)   Self-supporting lattice or guyed WCSS shall be separated from all other self-supporting or guyed WCSS by a minimum of 1,500 feet.

         (c)   Self-supporting lattice or guyed WCSS shall be separated from all monopole WCSS by a minimum of 750 feet.

   (G)   Method of determining WCSS height. Measurement of WCSS height for the purpose of determining compliance with all requirements of this section shall include the WCSS structure itself, the base pad, and any other telecommunications facilities attached thereto. WCSS height shall be measured from natural grade.

   (H)   Illumination. WSS shall not be artificially lighted except as required by the Federal Aviation Administration (FAA).

   (I)   Exterior finish. WCSS not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent land uses, as approved by the appropriate reviewing body.

   (J)   Landscaping. All landscaping on a parcel of land containing WCEC, WCE, and WCSS shall be in accordance with the applicable landscaping requirements in the zoning district where the facilities are located. The city may require landscaping in excess of the requirements in this code of ordinances in order to enhance compatibility with adjacent land uses. Landscaping shall be installed on the outside of any fencing.

   (K)   Access. A parcel of land upon which a WCEC is located must provide access to at least one paved vehicular parking space on site.

   (L)   Stealth design. All towers shall be of stealth design.

   (M)   Modification of wireless communication support structures (WCSS).

      (1)   A WCSS existing prior to the effective date of this chapter, which was in compliance with the city’s zoning regulations immediately prior to the effective date of this chapter, may continue in existence as a nonconforming structure. Such nonconforming structures may be modified or demolished and rebuilt and shall comply with all of the requirements of this chapter including:

         (a)   The WCSS is being modified or demolished and rebuilt for the sole purpose of accommodating, within six months of the completion of the modification or rebuild, additional WCE comparable in weight, size, and surface area to the WCE of any company currently installed on the WCSS;

         (b)   An application for a special use permit is made to the Planning Commission. The Zoning Administrator shall determine that the application for approval is administratively complete within 14 business days of its receipt. The Planning Commission shall approve or deny the application not more than 90 days after the application is considered administratively complete. The granting of a special use permit pursuant to this section allowing the modification or demolition and rebuild of an existing nonconforming WCSS shall not be considered a determination that the modified or demolished and rebuilt WCSS is conforming; and

         (c)   The height of the modified or rebuilt WCSS attached thereto does not exceed the maximum height allowed under this chapter.

      (2)   Except as provided in this section, a nonconforming structure or use may not be enlarged, increased in size, or discontinued in use for a period of more than 180 days. This chapter shall not be interpreted to legalize any structure or use existing at the time this chapter is adopted which structure or use is in violation of this code of ordinances prior to enactment of this chapter.

   (N)   Inspections.

      (1)   The city or its agents shall have authority to enter onto the property upon which a WCEC is located to inspect the WCSS for the purpose of determining whether it complies with the Building Code and all other construction standards provided by this code of ordinances and federal and state law.

      (2)   The city reserves the right to conduct such inspections at any time, upon reasonable notice to the WCEC owner. All expenses related to such inspections by the city shall be borne by the WCEC owner.

   (O)   Maintenance.

      (1)   WCEC owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.

      (2)   WCEC owners shall install and maintain WCSS, WCE, wires, cables, fixtures, and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property.

      (3)   All WCSS and WCE shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person.

      (4)   All maintenance or construction of WCSS and WCE shall be performed by licensed maintenance and construction personnel.

      (5)   All WCSS shall maintain compliance with current RF emission standards of the FCC.

      (6)   In the event that the use of a WCSS is discontinued by the WCEC owner, the WCEC owner shall provide written notice to the city of its intent to discontinue use and the date when the use shall be discontinued and the WCSS and WCE removed.

   (P)   Criteria for site plan development modifications.

      (1)   Notwithstanding the requirements provided in this section, a modification to the requirements may be approved by the Planning Commission as a special use. In requesting such modification, the following information shall be provided:

         (a)   A description of how the plan addresses any adverse impact that might occur as a result of approving the modification;

         (b)   A description of off-site or on-site factors which mitigate any adverse impacts which might occur as a result of the modification;

         (c)   A technical study that documents and supports the criteria submitted by the applicant upon which the request for modification is based. The technical study shall be certified by an engineer and shall document the existence of the facts related to the proposed modifications and its relationship to surrounding rights-of-way and properties;

         (d)   For a modification of the setback requirement, the application shall identify all parcels of land where the proposed WCSS could be located, attempts by the applicant to contract and negotiate an agreement for collocation, and the result of such attempts; and

         (e)   The Planning Commission may require the application to be reviewed by an independent licensed engineer under contract to the city to determine whether the study supports the basis for the modification requested. The cost of review by the independent licensed engineer shall be reimbursed to the city by the applicant.

      (2)   The Planning Commission shall consider the application for modification based on the following criteria:

         (a)   The WCSS as modified will be compatible with and not adversely impact the character and integrity of surrounding properties;

         (b)   Off-site or on-site conditions exist which mitigate the adverse impacts, if any, created by the modification; and

         (c)   In addition, the Planning Commission may include conditions on the site where the WCEC and WCSS is to be located if such conditions are necessary to preserve the character and integrity of the neighborhoods affected by the proposed facility and mitigate any adverse impacts which arise in connection with the approval of the modification.

      (3)   In addition to the requirements of division (P)(1) above, in the following cases, the applicant must also demonstrate, with written evidence, the following:

         (a)   In the case of a requested modification to the setback requirement, division (F) above, that the setback requirement cannot be met on the parcel of land upon which the WCSS is proposed to be located and the alternative for the person is to locate the WCSS at another site which is closer in proximity to a residentially zoned land;

         (b)   In the case of a request for modification to the separation and buffer requirements from other WCSS of division (F) above, that the proposed site is zoned General Commercial or Limited Industrial and the proposed site is at least double the minimum standard for separation from residentially zoned lands as provided for in division (F) above;

         (c)   In the case of a request for modification of the separation and buffer requirements from residentially zoned land of division (F) above, if the applicant provides written technical evidence from a licensed engineer(s) that the proposed WCSS and WCE must be located at the proposed site in order to meet the coverage requirements of the applicant’s wireless communications system and if the person is willing to create approved landscaping and other buffers to screen the WCEC and WCSS from being visible to residentially zoned property; and

         (d)   In the case of a request for modification of the height limit for WCSS, that the modification is necessary to:

            1.   Facilitate collocation of WCE in order to avoid construction of a new WCSS; or

            2.   To meet the coverage requirements of the applicant’s wireless communications system, which requirements must be documented with written, technical evidence from an engineer(s) that demonstrates that the height of the proposed WCSS is the minimum height required to function satisfactorily, and no WCSS that is taller than such minimum height shall be approved.

   (Q)   Abandonment.

      (1)   If any WCSS shall cease to be used for a period of 270 consecutive days, the Zoning Administrator shall notify the owner, with a copy to the applicant, that the site will be subject to a determination by the Planning Commission that such site has been abandoned. The owner shall have 30 days from receipt of said notice to show, by a preponderance of the evidence, that the WCSS has been in use or under repair during the period. If the owner fails to show that the WCSS has been in use or under repair during the period, the City Council shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the owner shall, within 75 days, dismantle and remove the WCSS.

      (2)   To secure the obligation set forth in this section, the applicant, and/or owner, shall post a bond, at the time of issuance of the building permit, in the minimum amount of $50,000. Said bond shall be renewed annually. Such amount shall be determined by the Planning Commission based on the anticipated cost of removal of the WCSS.

(Ord. 285, passed 12-8-2003; Ord. 369, passed 6-8-2015) Penalty, see § 154.999

   (A)   Purpose. This section provides standards for the development of new work/live units and for the reuse of existing commercial structures to accommodate work/live opportunities where allowed by the applicable zoning district regulations of the Local Service District (LS). A work/live unit shall function predominantly as work space with incidental residential accommodations that meet basic habitability requirements.

   (B)   Design and development standards.

      (1)   Work/live units shall be subject to the following criteria, as well as all standards of the LS District.

      (2)   General prerequisites include the following: at the time of application approval and for the reasonable foreseeable future, the commercial site and surrounding area are suitable for joint residential and commercial use; the project is designed to provide flexible work space in conjunction with living areas that are conducive to work environment; and residential and commercial uses are integrated in such a manner as to address noise, hazardous materials, and other health and safety issues on-site as well as off-site.

   (C)   Space requirements.

      (1)   The project site must remain primarily in commercial use. At no time shall more than 50% of the combined floor area of buildings identified for reuse or new buildings constructed on a project site be dedicated or used for work/live units. All remaining floor area on a project site shall be dedicated and reserved exclusively for other commercial and uses allowable in the LS District.

      (2)   All designated work space shall be designed to accommodate commercial uses as evidenced by the provision of flooring, interior storage, ventilation, storefront windows, roll-up doors, and/or other physical improvements of the type commonly found in exclusively commercial facilities used for the same work activity.

      (3)   The living area of the work/live unit shall be at least 500 square feet and shall not be occupied so that each person residing therein shall have less than 200 square feet of living space.

      (4)   The living area of the work/live unit shall be attached to or part of the primary building in which a business is normally operated.

   (D)   Integration of commercial and living space. The commercial use shall be the primary focus of the front of the building. Living space shall be physically integrated into the work/live unit and shall not be separately rented, leased, or sold. Mezzanines and lofts within the unit may be used as living space subject to compliance, with the other provisions of this section.

   (E)   Parking requirements. Work/live units shall comply with the parking standards set forth in §§ 154.175 through 154.184. A minimum of two spaces for the residential use shall be included as part of the parking calculation. The Planning Commission may modify this requirement to decrease or increase the required parking as appropriate to allow for the reuse of existing structures with limited parking or to accommodate authorized employees and/or customer or client visits.

   (F)   Operating requirement.

      (1)   A work/live unit shall be occupied and used only by the owner of the business within the unit and his or her immediate family (specifically defined as spouse and children/stepchildren).

      (2)   The owner or developer of any structure containing work/live units shall provide written notice to all work/live occupants and users that the surrounding area may be subject to levels of dust, fumes, noise, or other effects associated with commercial uses at higher levels than would be expected in more typical residential areas. Noise and other standards shall be those applicable to commercial properties in the LS District.

      (3)   An ongoing business must exist to allow residential occupancy of the work/live unit. If the business ceases to operate, the special land use permit shall end and the living area must be vacated within six months of the last day of business.

      (4)   The business and residential areas must be maintained separately and no business activity inclusive of, but not limited to, storage of any inventory or servicing or maintenance of any product shall be allowed in the residential area.

      (5)   Special use permits under this section shall be issued for a period of one year and must be renewed annually by application of the occupants. No fee shall be required for this renewal.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   Alcohol manufacturing facilities shall be subject to the following standards:

   (A)   Such facilities may contain retail sales, banquet rooms, tasting rooms, bars, restaurants and similar commercial activities. Within the CBD and GC Districts, one or more of the above listed commercial activities shall be required as a component of the operation.

   (B)   Outdoor seating may be allowed in the CBD District subject to § 154.096.

   (C)   Except within the CBD District, off-street parking shall be provided for each component of the operation (i.e., manufacturing, retail sales, restaurant) as required by § 154.178.

   (D)   Off-street loading space shall be provided as required by § 154.180.

   (E)   All production activities (brewing, wine-making or distilling) shall be conducted within an enclosed structure. Within the CBD and GC Districts, the floor space dedicated to production activities shall not exceed 50% of the total building floor space.

   (F)   Within the CBD District, the outdoor storage of machinery, equipment, barrels, kegs, or similar materials associated with the operation shall be prohibited. Within the GC and LI Districts, outdoor storage shall only be allowed within an area in the rear yard surrounded by a solid, unpierced fence or wall not less than six feet in height. No materials may be stored to a height greater than the height of the fence or wall.

   (G)   Appropriate licenses with the State of Michigan shall be maintained.

(Ord. 403, passed 6-27-2022)

   (A)   The office building shall be of permanent construction. Outdoor storage shall be strictly and clearly accessory to the principal office use of the property. Only products, materials, and equipment owned and operated by the principal use shall be permitted for storage.

   (B)   Storage shall not be located within the required front yard. Such storage shall not be located in any required parking or loading space.

   (C)   Storage shall be screened from the view of public street, and adjacent properties zoned either residential, commercial, or office. Screening measures shall meet the requirements of § 154.111(E).

   (D)   The location and size of areas for storage, nature of items to be stored therein, and details of the enclosure, including description of materials, height, and typical elevation of the enclosure shall be provided as part of the information submitted under § 154.024.

(Ord. 411, passed 3-25-2024)