Adult Businesses provided that:

(1)

Districts Permitted. The following standards apply in the C-3 District as a waiver use.

(2)

Location. No adult business shall be located within one thousand (1,000) feet of any property which is either occupied or approved for an adult business or within five hundred (500) feet of any property which is either occupied or zoned for residential use as measured from any point on the property which is so occupied or zoned.

(3)

Access. The parcel of land on which the adult business is located shall have direct access to a major thoroughfare having an existing or planned width of one hundred twenty (120) feet or more as designated on the Future Transportation Map of the City of Livonia.

Residential homes for mentally or physically handicapped persons (as defined in Section 2.02, Section 2.02(2) of this Ordinance) for more than six (6) persons, provided that:

(1)

Districts Permitted. The following standards apply in the RUF District as a waiver use.

(2)

Lot Size. Residential homes for mentally or physically handicapped persons shall be located on a lot or parcel of no less than one-half (½) acre in area.

(3)

Maximum Capacity. Such residential home shall house no more than sixteen (16) mentally or physically handicapped persons plus such persons as may be required to provide supervision. There shall be no more than two (2) occupants per bedroom.

(4)

Outdoor Recreation. An outdoor recreation area shall be provided equal to five hundred (500) square feet per bedroom, and such recreation area shall be designed and oriented to fulfill the needs of all residents.

S.D.D. and S.D.M. licenses provided, however, that S.D.D. licenses which were approved and in use at locations prior to March 7, 1977, and S.D.M. licenses which were approved and in use at locations prior to April 11, 1983, may continue to be used to the extent and in the manner previously established at such locations without waiver use approval, provided further that:

(1)

Districts Permitted. The following standards apply in the C-1 and C-2 Districts as a waiver use and in the C-3 District as a permitted use.

(2)

Location.

A)

Such proposed S.D.D. licensed establishment shall be located at least one thousand (1,000) feet distant from any existing S.D.D. licensed establishment, as measured from the nearest point on the building proposed to be licensed to the building in which the existing licensed establishment is located; and further provided that such S.D.M. licensed establishment shall be located at least five hundred (500) feet distant from any existing S.D.M. licensed establishment, as measured from the nearest point on the building proposed to be licensed to the building in which the existing licensed establishment is located; provided, however, that the foregoing one thousand (1,000) foot and five hundred (500) foot limitations may be waived by action of the City Council.

B)

Such proposed S.D.D. or S.D.M. licensed establishment shall be located at least four hundred (400) feet distant from any church or school building, either public or parochial, as measured from the nearest point on the building proposed to be licensed to the existing church or school building.

(3)

Access. Access to such S.D.D. or S.D.M. licensed establishment shall be from a public street having a right-of-way width of at least one hundred twenty (120) feet, as indicated on the Future Transportation Map of the City of Livonia.

(4)

Locked Display Case. All S.D.D. licensees who sell alcoholic liquor other than beer and wine in their original package for consumption off the premises and whose total gross receipts derived from the sale of all alcoholic beverages do not exceed 35% of the total gross receipts of all sales, both alcoholic and non-alcoholic, shall display such alcoholic liquor behind a counter or in a locked display case in such a manner with no direct public access for a qualified employee at least eighteen (18) years of age to distribute to the customer.

(5)

Limitation on S.D.D. Retail Sales Area. Proposed S.D.D.-licensed establishments shall be limited to a maximum gross floor area of fifteen thousand (15,000) square feet. The maximum gross floor area shall be the sum of the portions of the establishment in which SDD and non-SDD merchandise are displayed and sold.

(Ord. of 2-14-2023)

(1)

Districts Permitted. The following standards apply in the NM2 District as a permitted use and in the NM1 District as a waiver use.

(2)

Studio. A dwelling unit containing a minimum net floor area of at least three hundred (300) square feet per unit, consisting of not more than one (1) room, in addition to kitchen and necessary sanitary facilities, and for the purposes of computing density shall be considered as a one (1) room unit.

(3)

One (1) Bedroom Unit. A dwelling unit containing a minimum net floor area of at least four hundred fifty (450) square feet per unit, consisting of not more than three (3) rooms, in addition to kitchen and necessary sanitary facilities, and for the purposes of computing density shall be considered as a three (3) room unit.

(4)

Two (2) Bedroom Unit. A dwelling unit containing a minimum net floor area of at least seven hundred fifty (750) square feet per unit, consisting of not more than four (4) rooms, in addition to kitchen and necessary sanitary facilities, and for the purposes of computing density shall be considered as a four (4) room unit.

(5)

Three (3) or More Bedroom Unit. A dwelling unit wherein for each room in addition to the four (4) rooms permitted in a two (2) bedroom unit, there shall be provided an additional area of three hundred (300) square feet to the minimum net floor area of seven hundred fifty (750) square feet. For the purpose of computing density, said three (3) bedroom unit shall be considered as a five (5) room unit and for each increase in a bedroom over three (3) there shall be an increase in the room count by one (1) over the five (5).

(6)

Common Recreation Area. In the case of multiple family projects comprising two (2) or more acres, there shall be provided a common recreation area equal to at least twenty-five (25) square feet per dwelling unit in the development with a minimum of twelve hundred (1,200) square feet. Such recreation area shall be designated and oriented to fit the needs of all tenants and may contain facilities such as but not limited to community buildings, swimming pools, tennis courts, and putting greens.

(Ord. of 2-14-2023)

New and used car lots and showrooms, new or used mobile home sales and automobile rental facilities (including repair and service facilities only when owned and operated in conjunction therewith by the same proprietor and located on the same property), provided that:

(1)

Districts Permitted. The following standards apply in the C-2 District as a waiver use and in the C-3 District as a permitted use.

(2)

Minimum Lot Size and Lot Width. Automobile sales and rental and mobile home sales shall be located on a parcel of land containing no less than one-half (½) acre and having a width of at least one hundred (100) feet at the front lot line.

(3)

Parking Setback. No vehicles shall be parked within twenty (20) feet from the front lot line or at the side lot line adjacent to the street.

(4)

Lighting. All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from the adjacent or neighboring residential property.

(5)

Number of Vehicles. The total number of vehicles proposed to be displayed or stored shall be subject to recommendation by the Planning Commission and approval by the City Council.

(6)

Access. Automobile sales and rental and mobile home sales shall have direct access to a major thoroughfare having an existing or proposed right-of-way width of one hundred twenty (120) feet or more as designated on the Future Transportation Map.

(7)

Outdoor Storage. Outdoor storage of disabled, damaged, or unlicensed vehicles is prohibited.

Automobile and light truck (one (1) ton gross vehicle weight) repair such as motor and electrical tune-up; replacement of shock absorbers, brakes, mufflers, exhaust and tailpipes; transmissions; and other similar repairs subject to the following:

(1)

Districts Permitted. The following standards apply in the C-2 District as a waiver use and in the C-3 District as a permitted use.

(2)

Repair Work. All repair work must be carried out within an enclosed building.

(3)

Light Truck Repair. Automobile and light truck repair shall not permit such repairs as bumping, painting, spraying or rustproofing.

(4)

Number of Vehicles. The total number of vehicles proposed to be stored shall be subject to recommendation by the Planning Commission and approved by the City Council.

(5)

Access. Automobile Repair shops shall have direct access to a major thoroughfare having an existing or proposed right-of-way width of one hundred twenty (120) feet or more as designated on the Future Transportation Map.

(6)

Outdoor Storage. Outdoor storage of disabled, damaged, or unlicensed vehicles is prohibited.

Auto-wash establishments and auto-wash establishments operated with accessory gasoline pumps, provided that:

(1)

Districts Permitted. The following standards apply in the C-2 District as a waiver use and in the C-3 District as a permitted use.

(2)

Enclosure. All washing facilities (except steaming) are to be enclosed within a building.

(3)

Side Yard Setback. The building is situated no closer than thirty-five (35) feet from one side property line.

(4)

Parking Lot Layout. The building and off-street parking (waiting) areas shall be so located and arranged so that motor vehicles shall not park upon or overhang any public sidewalk, street, or right-of-way.

(5)

Location. Auto-wash Establishments shall not be located nearer than one hundred fifty (150) feet as measured from any point on the property to any point on the property of any church, public or parochial school, or playground.

(6)

Minimum Lot Size and Lot Width. Auto-wash establishments shall be located on a parcel of land containing at least eight thousand (8,000) square feet and having a width of at least one hundred (100) feet at the front property line.

(7)

Screening. Where such a use adjoins any property located in any residential district or is separated from such property by a public alley, a protective wall shall be erected and maintained as provided in Article X of this Ordinance.

(8)

Lighting. All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from any adjacent or neighboring residential property.

(9)

Access. Ingress and egress shall be available from a public street having a right-of-way width of at least one hundred twenty (120) feet or more as indicated on the Future Transportation Map.

Bed and breakfast establishments provided that:

(1)

Districts Permitted. The following standards apply in the N1, N2, RUF, and NM1 Districts as a waiver use and in the C-1, C-2, C-3, and C-4 as a permitted use.

(2)

Minimum Lot Size and Lot Width. Bed and Breakfast Establishments shall be located on a lot or parcel of no less than one-half (½) acre in area or in a residential structure containing no less than two thousand (2,000) square feet of living space.

(3)

Parking Setbacks. Off-street parking shall be provided in the rear or side yard, behind the front building setback line. For parcels abutting an exterior side street, parking shall not be closer to the street than the principal structure.

(4)

Site Features. Such parking lot shall be improved with a minimum of four (4) inches of concrete or plant mixed asphalt. Natural screening by use of plant material or other screening by use of fencing shall be utilized to screen parking areas from adjoining residential properties.

(5)

Access. Bed and breakfast establishments shall have direct access to a public street having an existing or planned width of at least eighty-six (86) feet or more as designated on the Future Transportation Map.

(6)

Ownership. Such establishments shall be run by persons who own and occupy the premises for residential purposes.

(7)

Bedrooms. Not more than six (6) bedrooms in the bed and breakfast establishment shall be used for bed and breakfast sleeping rooms. No more than four (4) occupants per room shall be allowed. There shall be no cooking facilities for use by the occupants of the bed and breakfast sleeping rooms.

(8)

Accessory Structures. No accessory buildings shall be used for bed and breakfast sleeping rooms unless they were originally constructed to accommodate housing use. No garage shall be used for bed and breakfast sleeping rooms.

(9)

Signs. One (1) sign identifying the bed and breakfast establishment shall be permitted if such sign complies with the requirements of Section 11.08Section 11.08(1) of this Ordinance.

(10)

Maximum Stay. Guest occupancy shall be no longer than fourteen (14) consecutive days.

(11)

Restrooms. Lavatory and bathing facilities shall be available for all persons utilizing the bed and breakfast establishment.

(12)

Safety. The dwelling to be used as a bed and breakfast establishment shall have at least two (2) usable exits. A fire escape plan shall be developed and graphically displayed in each guest room. A smoke detector in proper working order shall be placed in every sleeping room and a fire extinguisher in proper working order shall be placed on every floor. The site shall be reviewed by the Fire Marshall pursuant to the standards contained in the Fire Prevention Code as to the necessity for fire lanes.

(13)

Compliance. All bed and breakfast establishments shall be required to obtain a business license under Chapter 5.42 of the Livonia Code of Ordinances and shall not conduct operations until such license has been obtained pursuant to that chapter. Such establishments shall comply with all applicable local, county, state, and federal ordinances, laws, rules, regulations, and codes. All bed and breakfast operations shall submit to annual inspections by the Building and Fire Departments. Renewal of a business license shall be contingent upon compliance with applicable codes, as verified by such inspectors.

(1)

Districts Permitted. The following standards apply in the C-1, C-2, and C-4 Districts as a waiver use and in the P-L, C-3, M-L, M-1, and M-2 District as a permitted use.

(2)

Location.

A)

Brewers, micro brewers, brewpubs, and distilleries shall not be located within one thousand (1,000) feet of any other such licensed establishment as measured from the actual premises being used or proposed for use of the respective properties; provided, however, that with respect to those licensed establishments which are utilized primarily as restaurants or for dining facilities, the foregoing one thousand (1,000) foot requirement may be waived by the City Council.

B)

Such proposed licensed establishment shall be located at least four-hundred (400) feet distant from any church or school building, either public or parochial, as measured from the nearest point on the building proposed to be licensed to the existing church or school building.

(3)

Compliance. Brewers, micro brewers, brewpubs, and distilleries shall comply in every respect with the Michigan Liquor Control Act.

(4)

In M-L, M-1, and M-2 Districts, waiver use approval shall be required for on-site consumption except from a hospitality room located on the premises for sampling by consumers as provided in the Michigan Liquor Control Act which provisions are made a part hereof and incorporated herein by reference, and further provided, no Brewer, Micro Brewer, Brewpub, or Distillery shall be located less than 250 feet from the nearest point on the boundary of a residential district.

(1)

Such use shall not be located within four hundred (400) feet of any residential district, place of worship, municipal or private park, public or private school or daycare facility, or public or private indoor recreational uses permitted pursuant to Section 6.32, as measured from the nearest point on the building within which the caregiver grow facility is operating and the property line of any of the uses.

(2)

Such use shall be limited to buildings in which there are no other uses other than caregiver grow facilities.

(3)

Such proposed Caregiver Grow Facility shall be located at least one thousand (1,000) feet distant from any existing Caregiver Grow Facility as measured from the nearest point on the building proposed to be occupied to the building in which the existing Caregiver Grow Facility is located.

(Ord. of 4-18-2022)

(1)

Districts Permitted. The following standards apply in the N1, N2, and RUF Districts as a waiver use.

(2)

Compliance. The owner or occupant of said residence is a licensee in good standing with the State of Michigan pursuant to PA 1973, No. 116, MCL 722.111 et seq., as amended. All health and safety requirements established by the State of Michigan shall be met.

(3)

Ownership. The owner or occupant of said residence has registered with the City Clerk. The facility must be the principal residence of the provider.

(4)

Drop-off/ Pickup Area. A drop-off/pickup area shall be provided where the residence is located on a major thoroughfare as defined in this Ordinance in order to prevent vehicles from backing onto the roadway.

(5)

Operating Hours. There shall be no dropping off or picking up of children between the hours of 10:00 p.m. and 6:00 a.m.

(6)

Exterior Alterations. No structural changes or exterior alterations shall be made which would alter the residential character of the dwelling except for those necessary to comply with the State of Michigan licensing rules applicable to family day care homes.

(7)

Outdoor Recreation. Family day care homes shall provide and maintain an outdoor play space as required by the State of Michigan.

(8)

Noise. Use will comply with all noise standards and other provisions contained in Section 8.01.

(9)

Signs. No sign shall be used on the premises.

(10)

Safety. All family day care homes shall be registered with the 911 dispatch center and the City of Livonia Public Safety Department.

(11)

Location. No new family day care home shall operate within one thousand (1,000) feet from any existing registered family day care home or group day care home, as measured from the nearest property line of the proposed use to the nearest property line of the existing registered use.

(1)

Districts Permitted. The following standards apply in the N1, N2, and RUF Districts as a conditional use.

(2)

Compliance. The owner or occupant of said residence currently operating as a group day care home is a licensee and has continuously remained a licensee in good standing with the State of Michigan pursuant to 1973 PA 116, as amended, since prior to November 14, 1999.

(3)

Requirements. Group day care homes not licensed and operating prior to November 14, 1999 in residential zones shall meet all of the following:

A)

The owner or occupant of said residence shall be a licensee and continuously remain a licensee in good standing with the State of Michigan pursuant to 1973 PA 116, as amended.

B)

The group day care home shall not operate within a distance of one thousand (1,000) feet from any existing registered family day care home or group day care home, as measured from the nearest property line of the proposed use to the nearest property line of the existing registered use.

C)

The owner or operator has registered with the City Clerk.

D)

The facility is the principal residence of the provider.

E)

Group day care homes shall not result in traffic congestion or hazardous traffic conditions.

F)

A drop-off/pickup area shall be provided if the residence is located on a major thoroughfare as defined in this Ordinance in order to prevent vehicles from backing onto the roadway.

G)

The use shall not involve an increase in on-street parking by more than two (2) additional vehicles at a time.

H)

All health and safety requirements of the State of Michigan shall be met.

I)

There shall be no dropping off or picking up of children between the hours of 10:00 p.m. and 6:00 a.m.

J)

No structural changes or exterior alterations shall be made which would alter the residential character of the dwelling except as required by the State of Michigan licensing rules.

K)

Group day care homes shall provide and maintain an outdoor play space meeting the minimum requirements of the State of Michigan.

L)

The residence shall have appropriate fencing which shall encompass the entire outdoor play space, unless same is prohibited by recorded private homeowner's restrictions/bylaws, or, in the alternative, relief from this requirement may be sought upon appeal to the Board of Appeals.

M)

The use shall comply with all noise standards and other provisions contained in Article VIII of this Ordinance.

N)

No sign shall be used on the premises.

O)

All group day care homes shall be registered with the 911 dispatch center and the City of Livonia Public Safety Department.

(Ord. of 2-14-2023)

(1)

Districts Permitted. The following standards apply in the NM2 and C-1 Districts as a waiver use and in the C-2, C-3, and C-4 Districts as a permitted use.

(2)

General Requirements. Day care nurseries if situated on a parcel of land at least ten thousand (10,000) square feet in area and abutting a street or thoroughfare which has an existing or planned width of eighty-six (86) feet or more as indicated on the Future Transportation Map , and further provided that there is provided and maintained a minimum of five thousand (5,000) square feet of outdoor play area; and further provided that buildings erected on the premises are in harmony with the adjacent buildings in the area; and further provided that appropriate fencing of at least five (5) feet in height encompass the entire outdoor play area. Any use permitted herein shall not be permitted in the interior of any residential block.

(1)

Districts Permitted. The following standards apply in the C-2 District as a waiver use and in the C-3 and C-4 Districts as a permitted use.

(2)

Residential Setback. Banquet facilities, dance halls and ballrooms, provided that such use shall not be located within three hundred (300) feet of any residential district or property used for church purposes as measured from any point on the property to be so used.

(Ord. of 2-14-2023)

Editor's note— An ordinance adopted April 18, 2022, repealed § 6.15, which pertained to Dwelling, Accessory Unit and derived from the original Zoning Regulations.

(1)

Districts Permitted. The following standards apply in the NM1, NM2, and NM3 Districts as a permitted use.

(2)

Minimum Size. The minimum size of condominium dwellings within the City, unless otherwise established and shown on the Zoning Map, shall be as follows:

(Ord. of 4-18-2022)

The placement of a mobile home or a modular home, as defined in Section 2.01, Section 2.01(7) of this Ordinance, on any lot or parcel in N-1, N-2, N-3, and NM1 districts shall comply with all the requirements and standards contained in such districts relating to one-family dwellings including, but not limited to, lot size, building setback and land coverage limitations and, in addition, shall comply with the requirements and standards set forth in Section 6.19 of this Ordinance relating to one-family dwelling size; provided, however, that said mobile home or modular home shall comply with the following additional standards:

(1)

Structure Width. Every mobile home or modular home shall have a minimum width across any main section of twenty (20) feet.

(2)

Attachment to Permanent Foundation. Every mobile home or modular home shall be attached to a permanent foundation co-extensive with the perimeter of the building, which foundation shall be approved by the Inspection Department.

(3)

Public Utilities. Every mobile home or modular home shall be connected to a public sanitary sewer, storm sewer, and water system.

(4)

Visual Appearance. Such mobile home, when in place, shall not have exposed wheels, towing mechanisms, undercarriage, or chassis. The mobile home or modular home shall contain no additions or rooms or other areas which are not constructed with similar materials and which are not similar in appearance and which shall have similar quality of workmanship as the original structure, including the above described foundation and permanent attachment to the principal structure.

(5)

Site Features. Every mobile home and modular home shall be aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of not less than six (6) inches on all sides, or alternatively, with window sills and roof drainage systems concentrating roof drainage along the sides of the dwelling; with not less than two (2) exterior doors with one being in the front of the dwelling and the other being in either the rear or side of the dwelling, containing permanently attached steps connected to said exterior door areas where a difference in elevation requires the same. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.

(6)

Compliance. Every mobile home or modular home shall comply with all pertinent City building and fire codes as well as, in the case of mobile homes, state and federal standards for mobile home construction. The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in any ordinance of the City of Livonia pertaining to such parks.

Editor's note— Ord. of February 14, 2023, repealed § 6.18, which pertained to dwelling, multi-family and apartments and derived from the original Zoning Ordinance.

(1)

Districts Permitted. The following standards apply in the N1, N2, RUF, NM1, and NM2 Districts as a permitted use.

(2)

Requirements in Multifamily Zones. In NM1 and NM2 Districts, one-family dwellings shall be subject to all of the regulations that apply in the N1 Neighborhood District, including the regulations pertaining to lot size and yard requirements.

(3)

Minimum Size. The minimum size of one-family dwellings within the City, unless otherwise established and shown on the Zoning Map, shall be as follows:

(Ord. of 4-18-2022)

(1)

Districts Permitted. The following standards apply in the NM1 and NM2 Districts as a permitted use.

(2)

Requirements in Multifamily Zones. In NM1 and NM2 Districts, two-family dwellings shall be subject to all of the regulations that apply in the N2 Neighborhood District, including the regulations pertaining to lot size and yard requirements.

(3)

Minimum Size of Two-Family Dwellings. The minimum size of two-family dwellings is hereby fixed as follows: Each living unit shall have not less than eight hundred (800) square feet of usable floor area, all on one floor, which shall not include common hall space or utility room space; provided, however, that where a living unit occupies more than one (1) floor, the aggregate usable floor area for the entire unit shall not be less than one thousand (1,000) square feet.

(Ord. of 4-18-2022)

Essential services shall be permitted as authorized and regulated by law and other ordinances, it being the intention hereof to exempt such essential services from the application of this Ordinance.

(1)

Districts Permitted. The following standards apply in the C-1, C-2, and C-4 Districts as a waiver use and in the C-3 and P-L Districts as a permitted use.

(2)

Location.

A)

Establishments having liquor licenses such as Class C, tavern, club, and small distiller shall not be located within one thousand (1,000) feet of any other such licensed establishment as measured from the actual premises being used or proposed for use of the respective properties; provided, however, that with respect to those licensed establishments which are utilized primarily as restaurants or for dining facilities, the foregoing one thousand (1,000) foot requirement may be waived by the City Council.

B)

Such proposed licensed establishment shall be located at least four-hundred (400) feet distant from any church or school building, either public or parochial, as measured from the nearest point on the building proposed to be licensed to the existing church or school building.

(3)

Compliance. Establishments having liquor licenses such as Class C, tavern, club, and small distiller shall comply in every respect with the Michigan Liquor Control Act.

Licensed and certified publicly or privately-owned facilities for the detention, incarceration, commitment, and/or rehabilitation of adults or minor children and psychiatric hospitals provided that:

(1)

Districts Permitted. The following standards apply in the P-L District as a waiver use.

(2)

Minimum Lot Size. Facilities for the detention, incarceration, commitment, and/or rehabilitation of adults or minor children and psychiatric hospitals shall be located on a parcel of land consisting of at least twenty-five (25) acres in area.

(3)

Access. Access to the site shall be directly from a major thoroughfare having an existing right-of-way width of one hundred twenty (120) feet or more.

(4)

Fencing. Facilities for the detention, incarceration, commitment, and/or rehabilitation of adults or minor children and psychiatric hospitals shall be completely enclosed with security fencing at least eight (8) feet in height; provided, however, that such fence shall be located no closer than twenty (20) feet from any side or rear lot line and no closer than eighty (80) feet from the front property line. In addition, perimeter fencing not to exceed four (4) feet in height may be provided in the front yard forward of the building; provided, however, that in all cases the fencing shall be exclusive of the minimum front yard setback requirement.

(5)

Surveillance. Such use shall have twenty-four (24) hour supervision and surveillance on site by experienced professional personnel in sufficient numbers as to ensure the security of the institution and surrounding properties as well as the safety of the general public.

(6)

Location.

A)

Facilities for the detention, incarceration, commitment, and/or rehabilitation of adults or minor children and psychiatric hospitals shall be separated from any school, playground, park, or church by a distance of at least one thousand (1,000) feet as measured from any point on the respective property lines.

B)

Facilities for the detention, incarceration, commitment, and/or rehabilitation of adults or minor children and psychiatric hospitals shall be located no closer than five hundred (500) feet from the intersection of two (2) major thoroughfares.

C)

Facilities for the detention, incarceration, commitment, and/or rehabilitation of adults or minor children and psychiatric hospitals shall be separated from any residential zoning district by a distance of at least five hundred (500) feet as measured from any point on the subject property to any point on the residential district line; provided, however, that the foregoing five hundred (500) foot restriction may be waived by the City Council.

(7)

Setbacks. The minimum distance of any main or accessory building from boundary property lines shall be at least one hundred (100) feet for front, rear and side yards.

(8)

Off-street Parking. Off-street parking shall comply with standards as set forth in Section 9.03 of this Ordinance and shall be provided in an amount equal to one (1) space for each employee, including administrators, plus visitor parking spaces equal to fifty (50) percent of the number of individuals being served by the facility.

Garages, repair shops, rustproofing, and similar highway services, provided that:

(1)

Districts Permitted. The following standards apply in the M-1 District as a waiver use and in the M-2 District as a permitted use.

(2)

Required Fencing. Except for the front yard setback, the lot area shall be enclosed with a fence of a type approved by the City Council which shall be located and maintained on the boundaries of such lot area, with only such openings therein as may be necessary for ingress and egress; provided, however, that in the case of a corner lot such fence shall be located on the side yard setback line abutting a public or private thoroughfare.

(1)

Districts Permitted. The following standards apply in the N1, N2, RUF, C-2, C-3, and C-4 Districts as a permitted use.

(2)

Sale of Nursery Stock. The sale of nursery stock and greenhouse product is permitted in the RUF, C-2, C-3, and C-4 Districts but prohibited in the N1 and N2 District.

In order to regulate and control the problems of noise, odor, light, fumes, dust, danger of fire and explosion, and traffic congestion which is likely to result from the unrestricted and unregulated construction and operation of gasoline service stations, and to avoid, if possible, and control the adverse effects which these factors and other characteristics incident to the gasoline service station may have upon adjacent and surrounding land and uses, the following special requirements and regulations governing the erection of gasoline service stations are hereby established:

(1)

Location. Gasoline service stations may, pursuant to the following standards, be erected in the C-2 District as a waiver use and in the C-3 District as a permitted use, provided that no more than two gasoline service stations may be located within 500 feet of any intersection. "Intersection," as used in this subsection, means any intersection of two (2) or more major thoroughfares, including boulevards, arterial highways, arterial streets, and city major roads, as indicated on the Future Transportation Map.

(2)

Minimum Lot Area and Lot Width. Gasoline service stations shall always be located on a plot of ground with frontage along a commercial street of not less than one hundred fifty (150) feet and which shall have a minimum area of not less than twenty-two thousand five hundred (22,500) square feet.

(3)

Setbacks. Gasoline service stations shall provide a setback (area between the adjacent road right-of-way line(s) and the building line) of sixty (60) feet from any road with a right-of-way width of one hundred twenty (120) feet or more and/or any freeway service drive as designated on the Future Transportation Map and at least one side yard of not less than twenty (20) feet. The area within the setback and side yards shall not be used for vehicular storage or for any other service facilities.

(4)

Maximum Height. Gasoline service stations including any part of the façade, shall not exceed thirty-five (35) feet in height; provided, however, that canopies shall not exceed eighteen (18) feet in height.

(5)

Access. Gasoline service stations when located on a corner lot shall provide vehicular entrances or exits (curb cuts) no less than a minimum of twenty-five (25) feet from the intersection of the property lines parallel to the two (2) streets pavement. All curb openings whether on a corner lot or not shall not exceed thirty-five (35) feet in width at the curb. There shall always be a minimum of thirty (30) feet measured along the property line between any series of driveways. On corner lots, no driveway from a side street shall be less than fifteen (15) feet from rear property line as measured along the side street property line. Curbs shall be provided to prevent ingress or egress except at the required locations.

(6)

Enclosure. All lubrication equipment, motor vehicle equipment, hydraulic hoists, and pits shall be enclosed entirely within the building. All gasoline pumps shall be located not less than twenty (20) feet from any lot line and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any public sidewalk, street or right-of-way.

(7)

Screening. Where a gasoline service station use adjoins any property located in any residential district or is separated from such property by a public alley, a protective wall shall be erected and maintained as provided in Article X of this Ordinance.

(8)

Lighting. All exterior lighting on the property, including illuminated signs, shall be erected and hooded, shielded and recessed so as to be deflected away from any adjacent or neighboring residential property.

(9)

Outdoor Storage. Outdoor storage of disabled, abandoned, junked, wrecked, and/or unlicensed vehicles is prohibited. Outdoor storage of rubbish and junked equipment or parts is prohibited unless such rubbish, junked equipment, or parts are stored adjacent and to the rear of the principal building and are enclosed by a masonry wall. When such a wall is provided, rubbish, junked equipment, or parts shall not be stored at a height exceeding the height of the wall; provided, further, that such rubbish and junked equipment or parts shall be removed from the property at least once every week.

(10)

Parking.

A)

No part of any parcel of land used for gasoline service station purposes shall be utilized for outdoor storage, placement, or display of merchandise; provided, however, that the foregoing prohibition shall not apply to the display, on a pump island only, of oil or oil-based products including, by way of example, but not limitation, motor oil, transmission oil, oil and gasoline additives, windshield solvent, and windshield wipers.

B)

No more than one (1) tow truck may be parked in the front or side yard abutting a street.

C)

Outside parking or storage of recreational equipment, or commercial vehicles or automobiles which are not used in the operation of the business is prohibited; provided, however, that such prohibition shall not apply to any equipment or vehicle which is temporarily on the premises for repair or service and which is stored or parked in a designated parking space; and provided, further, that no such equipment or vehicle shall be parked within one hundred (100) feet of the intersection of the property lines of two (2) intersecting public streets.

(11)

Free Air. Free air shall be provided at all times station is open for business. The free air shall be dispensed at the point of service without having to enter the station or the performance of any extra action in order to obtain the air without charge.

(12)

Compliance. Gasoline service stations must meet all the requirements of the Police and Fire Departments. The petitioner shall receive written approval by the Police and Fire Departments before the City Council can validly consider this use within a multi-story structure.

(13)

Signs. Gasoline service stations only may display the following type, size, and number of signs which are deemed customary and necessary to their respective business:

A)

One (1) ground sign per development site not to exceed a maximum area of forty (40) square feet at a maximum height above grade not to exceed twelve (12) feet and a minimum setback of five (5) feet from any right-of-way line.

B)

Wall signs and all window signage, including those signs attached to the service buildings or to the canopy fascia, shall not in sum total exceed two (2) square feet in area for each one (1) lineal foot of building frontage with a maximum total area of one hundred (100) square feet.

C)

Customary lettering or other insignia on a gasoline pump consisting of the brand of gasoline sold, lead warning information, and any other data not exceeding a total of three (3) square feet on each pump.

(14)

Alcohol Sales Prohibited. Alcohol sales (Specially Designated Merchant [SDM] and Specially Designated Distributor [SDD]) licenses shall be strictly prohibited in connection with the operation of a gasoline service station.

(Ord. of 2-14-2023; Ord. No. 3203, § 1, 5-20-2024)

No land, water, or building in the City of Livonia shall be used as a location for landing, take-off, storage, servicing, or fueling of any helicopter until the following standards have been adhered to:

(1)

Districts Permitted. The following standards apply in P-L as a permitted use and in the C-4, ML, M-1, and M-2 as a waiver use.

(2)

Compliance. The proposed heliport shall be constructed, operated, and maintained in accordance with the published rules and regulations of the Federal Aviation Administration (FAA), Michigan Aeronautics Commission, and the National Fire Protection Association governing the use of heliports.

(3)

Required Application. Each application for a heliport shall include:

A)

A copy of the Federal Aviation Administration Form #7480, "Notice of Landing Area Approval".

B)

A copy of a letter of "No Objection" from the FAA.

C)

A copy of an approved State of Michigan Aeronautics Commission application for licensing.

D)

An aerial photograph of a scale no less than one (1) inch equals four hundred (400) feet indicating the approach and departure routes, the location of all residences, schools, churches, hospitals and areas used for the open assembly of people as well as other noise sensitive areas within a radius of one-half (½) mile of the proposed heliport site.

E)

A statement of property ownership or authorization of owner for property proposed to be used as a heliport.

F)

A description of the purpose for which the heliport is being established and a schedule of proposed activities including:

i)

Number of monthly operations.

ii)

Hours of operation.

iii)

Support activities such as storage, maintenance, and refueling.

G)

A site plan which shall contain the following information:

i)

The location, nature, and height of proposed security fences, berms, landscaping, and other security and noise attenuation structures.

ii)

The location and type of firefighting equipment and materials.

iii)

The location and type of fuel storage facilities.

iv)

The location of all existing and proposed buildings.

v)

The location of all helicopter landing and take-off areas; parking areas; and the method of surface preparation or stabilization.

H)

A certificate of structural compliance attested to by registered professional engineer or architect shall be furnished with each application for a roof-top or other elevated heliport.

I)

An environmental report showing the expected noise levels and possible odors, fumes, and dust that may be caused by the operations of the heliport.

J)

Approval of the City of Livonia Department of Public Safety, Division of Fire, for the installation and location of firefighting equipment and materials; and the installation and location and method of use for refueling equipment and procedures.

K)

Approval of the City of Livonia Department of Public Safety, Division of Police, as to the location of a temporary heliport and the effect of the proposed operation on the safety and well-being of the public.

Home occupations, except where specifically prohibited, shall be permitted where incidental to residential use and meeting all the following criteria:

(1)

Districts Permitted. The following standards apply in the in the N1, N2, RUF, NM1, NM2, and NM3 Districts as a permitted use.

(2)

Usable Floor Area. The activity is conducted entirely within a completely enclosed dwelling unit and entails neither the use of more than 20% of the usable floor area of that dwelling unit nor any garage (detached or attached) or other building or structure accessory to the principal building.

(3)

Nuisances. The activity does not generate any noise, vibrations, smoke, dust, heat, glare, or interference with radio or television reception in the area that would exceed that normally produced by a dwelling unit in a residential district.

(4)

Advertisement. The activity does not entail any advertising, display, or other indications of a home occupation, business, professional, trade, or occupational use of the property, except as permitted by Section 11.08 of this Ordinance.

(5)

Outdoor Storage. There is no outdoor display or storage of materials, goods, supplies, or equipment.

(6)

Deliveries. There are no deliveries from commercial suppliers by any vehicle that exceeds Class 5 in the Federal Highway Administration classification system, and all deliveries are made between 9:00 a.m. and 5:00 p.m. on weekdays, provided further that such deliveries shall not restrict traffic circulation or occur so frequently as to interfere with the quiet character of the residential neighborhood.

(7)

Operating Hours. No clients, patrons, salespersons, or other commercial invitees visit the premises except between the hours of 8:00 a.m. and 9:00 p.m., and no more than ten (10) vehicles visit the premises during that period, with no more than two (2) vehicles visiting at one time; provided further, that massage establishments, as defined in Section 2.01, Section 2.01(8) of this Ordinance, shall be strictly prohibited in all N1 districts, as permitted or waiver uses.

(8)

Prohibited Use. The activity does not entail large-scale manufacturing or assembly; warehousing or distribution; or sales or rentals of any article or service except such as is produced by such occupation.

(9)

External Alterations. The activity does not require any internal or external alteration, construction feature, equipment, or machinery which is not customary in residential areas.

(10)

Employment. The activity does not entail employment of more than one person other than members of the resident family.

(11)

Safety. If chemical and/or toxic-based materials will be utilized in connection with said home occupation, the owner or occupant of the property shall register same with the Building Official, the Fire Department and the Livonia Emergency Planning Committee prior to use of the residence for said home occupation in order to ensure compliance with all local, state, and federal environmental regulations.

Hospitals are subject to the following regulations:

(1)

Districts Permitted. The following standards apply in the C-1, C-2, and C-4 Districts as a waiver use and in the C-3 and P-L District as a permitted use.

(2)

Minimum Lot Size. All such hospitals shall be developed on sites consisting of at least five (5) acres in area. Provided that there is a minimum of fifteen hundred (1,500) square feet of lot area per bed.

(3)

Access. Ingress and egress shall be available from public street having an existing or planned right-of-way width of at least eighty-six (86) feet as shown on the Future Transportation Map. All ingress to and egress from the off-street parking areas for guests, employees, staff, as well as any other users of the facility, shall be directly from a major thoroughfare.

(4)

Setbacks. The minimum distance of any main or accessory building from bounding lot lines or streets shall be at least one hundred (100) feet for front, rear, and side yards for all two (2) story structures. For every story above two (2), the minimum yard distance shall be increased twenty (20) feet.

(5)

Screening. Ambulance and delivery areas shall be obscured from all residential view with an obscuring wall or fence not less than six (6) feet in height.

(1)

Districts Permitted. The following standards apply in the C-2, C-3, and C-4 Districts as a permitted use.

(2)

Number of Dwelling Units. Any building containing primarily rooming units with the number of dwelling units being not greater than ten percent (10%) of the total number of rooming units and, with the exception of the unit occupied by the management staff, used only for the accommodation of transients.

(3)

Signs. Hotels having a minimum of two hundred (200) feet of property bordering on I-275 or I-96 rights-of-way may display additional wall signs on the basis of one (1) square foot of sign area in sum total for each one (1) lineal foot of building frontage facing I-275 or I-96. Wall signs exceeding thirty (30) square feet of sign area each shall consist exclusively of individually fabricated letters or symbols attached individually and flatly to the building.

(1)

Districts Permitted. The following standards apply in the NM3 and P-L Districts as a permitted use.

(2)

General Standards. A building or group of buildings which provides housing, and as to which at least eighty percent (80%) of the occupied units are rented to at least one (1) person who is fifty-five (55) years of age or older, and which otherwise meets the requirements of 42 USC 3607(b)(2). This may include any of the following: independent elderly housing, senior assisted living facilities, congregate elderly housing, and nursing homes; but shall not include hospitals, hotels, motels, tourist homes, rooming homes, condominiums, or site condominiums.

(1)

Districts Permitted. The following standards apply in the M-1 District as a waiver use and in the C-2, C-3, and C-4 Districts as a permitted use.

(2)

Nature of Use. Due to the nature of the use or its unique characteristics (e.g., requirement for higher ceilings), indoor recreational uses may be better suited or compatible in an industrial setting, including, but not limited to, gymnastics training facilities, martial arts and cheerleading schools, soccer facilities, tennis courts, racquetball and handball courts, baseball and softball practice areas, and archery ranges, provided that all parking and ingress/egress to the facility shall be designed so as not to interfere with industrial traffic in the area. In an M-1 District, such uses shall not include health and fitness clubs, swimming pools, bowling alleys, or billiard parlors and poolrooms.

A)

Skating Rinks. Skating Rinks, ice or roller are permitted by right in the C-2 and C-3 and prohibited in the M-1 District, provided that such use shall not be located within five hundred (500) feet of any Class C licensed establishment as measured from any point on the respective properties.

B)

Theaters. Enclosed theaters (not including drive-in theaters) are permitted by right in the C-2 and C-3 Districts and prohibited in the M-1 District. Such use must be carried on in a building properly designed and suitable for theater use and when such building is located on a parcel of land five (5) acres or more in size; provided further, that the parcel of land on which the theater building is located shall have direct access by means of at least two (2) separate entrances and exits to a major thoroughfare having an existing or planned width of one hundred twenty (120) feet or more as designated on the Future Transportation Map of the City of Livonia.

(1)

Districts Permitted. The following standards apply in the M-1 and M-2 Districts as a permitted use.

(2)

Parking and Storage of All Vehicles. No vehicles or parts thereof are displayed or stored outdoors, and that none of the vehicles stored or offered for sale within building(s) are visible from the surrounding streets or public places.

(3)

No Advertising. The site offers no advertising of vehicle sales/storage which is visible from the surrounding streets or public places

(4)

No Repair Services. There is no repair or reconditioning of vehicles on the premises.

(5)

Operating Hours. Hours of operation do not include any time on Saturday, Sunday, or holidays, nor after 6:00 p.m. on weekdays, except by appointment.

(6)

Inspections. All facilities for Internet-based Exotic Vehicle Sales shall be subject to annual inspection by the Department of Inspection.

(1)

Districts Permitted. The following standards apply in the RUF Districts as a permitted use.

(2)

Minimum Lot Size. Fowl and rabbits may be raised and kept for the owner's consumption only on one-half (½) acre or more; two (2) horses may be kept for the owner's use only on one (1) acre or more; two (2) horses and one (1) cow or three (3) horses may be kept for the owner's use only on two (2) acres or more. The raising of livestock shall conform to the Generally Accepted Agricultural and Management Practices (GAAMP) for the Care of Farm Animals.

(3)

Fowl and Rabbits Raised for Sale. Fowl and rabbits may be raised for sale on parcels five (5) acres or more in size if such animals are properly housed, maintained, and fenced so as not to become a nuisance or detrimental to public health, safety, or welfare.

(1)

Districts Permitted. The following standards apply in the RUF District as a waiver use.

(2)

Minimum Lot Size. Dog kennels may be operated on parcels five (5) acres or more in size if such animals are properly housed, maintained, and fenced so as not to become a nuisance or detrimental to public health, safety, or welfare.

(1)

Districts Permitted. The following standards apply in the M-1 and M-2 Districts as a waiver use.

(2)

Parking and Storage of All Vehicles. Parking and storage of all vehicles, equipment, and material must be enclosed wholly within a building.

(Ord. of 4-18-2022)

Massage establishments (as defined in Section 2.01, Section 2.01(8) of this Ordinance), provided that:

(1)

Districts Permitted. The following standards apply in the C-1, C-2, and C-4 Districts as a waiver use and in the C-3 District as a permitted use.

(2)

Compliance. Such facilities shall conform to the requirements, restrictions, and prohibitions contained within Mich. Admin. Code R 338.701 through R 338.727 inclusive, as amended, the provisions of which are made a part hereof and incorporated herein by reference.

(3)

Separation Requirements. No massage establishment shall be located within four hundred (400) feet of any property which is either occupied or approved for a massage establishment. No massage establishment shall be located within four hundred (400) feet of a preexisting school, place of worship, state-licensed day care facility, public library, playground, or public park, as measured from any point on the property to any point on the property of any school, place of worship, state-licensed day care facility, public library, playground, or public park.

(4)

Operating Hours. Daily hours of operation of any massage establishment shall be limited to the period of time from 8:00 a.m. to 10:00 p.m.

(1)

Districts Permitted. The following standards apply in the C-2 District as a waiver use and in the C-3 and C-4 Districts as a permitted use.

(2)

Setbacks. No building shall be any closer than twenty-five (25) feet to any side lot line and no closer than seventy-five (75) feet to the front lot line.

(3)

Separation. Separate buildings shall not be less than ten (10) feet apart.

(4)

Signs. Motels having a minimum of two hundred (200) feet of property bordering on I-275 or I-96 right-of-way may display additional wall signs on the basis of one (1) square foot of sign area in sum total for each one (1) lineal foot of building frontage facing I-275 or I-96. Wall signs exceeding thirty (30) square feet of sign area each shall consist exclusively of individually fabricated letters or symbols attached individually and flatly to the building.

(1)

Districts Permitted. The following uses and standards apply in the NP District as a permitted use.

A)

Outdoor Recreational Uses, such as:

i)

Nature trails, including the construction of new trails and any improvements necessary to meet barrier-free design standards, where feasible, provided such improvements are consistent with the City of Livonia Five-Year Parks and Recreation Master Plan and the City's nonmotorized transportation plan.

ii)

Appropriate forest management practices as determined by the Parks and Recreation Commission, including:

a)

The removal of invasive plant or animal species deemed to be harmful or damaging to the health of existing or desired native plant or animal species, or to the economy, environment, or human health.

b)

Introduction, reintroduction or promotion of native plant and animal species.

iii)

Hiking.

iv)

Educational laboratories.

v)

Day camping (overnight camping not permitted).

B)

Accessory Uses, necessary or incidental to the principal uses listed above in A).

(1)

Districts Permitted. The following standards apply in the C-1 and C-2 Districts as a waiver use and in the C-3 and C-4 Districts as a permitted use.

(2)

Minimum Lot Size. Provided nursing homes and convalescent homes are located on a parcel of land comprising at least one (1) acre plus five hundred (500) square feet of land per bed.

No oil well or natural gas well shall be drilled, established, or maintained in the City of Livonia, nor may any drilling rig or similar equipment be erected or constructed for the purpose of drilling, establishing or maintaining an oil or gas well without recommendation of the City Planning Commission and approval of the City Council.

(1)

Districts Permitted. The following standards apply in the C-1 and C-2 Districts as a waiver use and in the C-3 District as a permitted use.

(2)

General Standards. Open air sales, display, and/or rental of utility trailers and recreational equipment subject to the following:

A)

Minimum Lot Size. A minimum lot area of eight thousand (8,000) square feet shall be required.

B)

Minimum Building Size and Maximum Building Height. A building of not less than four hundred (400) square feet in area and not more than fifteen (15) feet in height shall be required to be located on said lot.

C)

Lighting. Adequate lighting facilities shall be provided and so arranged as to reflect light toward the trailer rental area and away from streets and residential uses adjacent to the area. During the hours when the open-air display area is closed to business, lighting shall be provided at a level of not less than one (1) watt per each square yard of display area and with a maximum of not more than one and one-half (1½) watts per each square yard of display area; provided, however, that such lighting shall be hooded or shielded so as to be deflected from adjacent residential property.

D)

Enclosure. The display area shall be enclosed with either a six (6) foot cyclone fence or a fence of a type approved by the Inspection Department which shall be located and maintained on the boundaries of such display area, with only such openings therein as may be necessary for ingress and egress.

E)

Display Area Setback. No utility trailers or recreational equipment shall be parked or displayed within twenty (20) feet from the front or side lot line abutting a public street.

(3)

Certain additional open-air business uses as herein specified:

A)

Operating Season. Retail sales and/or display of plant materials not grown on site and sales of lawn furniture, playground equipment, and other home garden supplies, providing such use is temporary and carried on between April 1 and November 1.

B)

Location. Open-air Businesses shall not be located within two hundred (200) feet of any intersection of two (2) or more major thoroughfares as indicated on the Future Transportation Map.

C)

Enclosure. Except for sales and/or display taking place on a pedestrian walkway, the sales and/or display area shall be enclosed with a fence of a type as recommended by the Planning Commission and approved by the City Council, which fence shall be located and maintained on the boundaries of such sales and display area.

D)

Pedestrian Access. Such retail sales and/or display taking place on any walkway providing pedestrian access to the adjacent building shall be limited to bedding plants (flowers and vegetables) and potted shrubs; provided, however, that such uses shall be conducted in a manner that will insure that the walkway is sufficiently free of obstructions at all times so as to provide safe and direct pedestrian access to and from the building.

(1)

Districts Permitted. The following standards apply in the C-1, C-2, C-3, and C-4 Districts as a permitted use.

(2)

General Standards. Open-air sales of Christmas trees shall be permitted upon approval of a special annual commercial license by the Department of Inspection to churches, public and parochial schools, and other bona fide charitable organizations. The Department of Inspection shall determine that there is safe and suitable ingress and egress to the premises; adequate off-street parking is provided; and shall contact the Fire Department to determine that all fire rules and regulations have been complied with.

Outdoor storage of Recreational Equipment provided that:

(1)

Districts Permitted. The following standards apply in the M-1 District as a waiver use and in the M-2 District as a permitted use.

(2)

Compliance. A site plan, as defined by Section 2.02Section 2.02(2) of this Ordinance, has been submitted therefor and has been reviewed and recommended by the Planning Commission and approved by the City Council.

(3)

Outdoor Storage. There shall be no recreational equipment parked or stored within the front yard or side yard abutting a public or private street as would be required therefor by Section 4.02.

(4)

Enclosure. The storage area shall be enclosed with either a six (6) foot cyclone fence or a fence of a type approved by the Inspection Department which shall be located and maintained on the boundaries of such storage area with only such openings therein as may be necessary for ingress or egress.

(5)

Lighting. Adequate lighting facilities shall be provided and so arranged as to reflect light toward the storage area and away from streets and residential uses adjacent to the area.

Pawn shops, provided that:

(1)

Districts Permitted. The following standards apply in the C-2 District as a waiver use and in the C-3 District as a permitted use.

(2)

Outdoor Storage. There shall be no outdoor sales, storage, or display of merchandise.

(3)

Access. Ingress and egress shall be available from a public street having an existing or planned right-of-way width of at least one hundred twenty (120) feet as shown on the Future Transportation Map.

(4)

Compliance. The business shall be properly licensed and bonded pursuant to Chapter 5.63 of the Livonia Code of Ordinances.

(5)

Separation. There is not a similar use within one thousand (1,000) feet measured from property lines.

Any business licensed pursuant to the Deferred Presentment Service Transactions Act, MCL 487.2121 et seq., provided that:

(1)

Districts Permitted. The following standards apply in the C-2 District as a waiver use and in the C-3 District as a permitted use.

(2)

Access. Ingress and egress shall be available from a public street having an existing or planned right-of-way width of at least one hundred twenty (120) feet as shown on the Future Transportation Map.

(3)

Separation. There is not a similar use within one thousand three hundred twenty (1,320) feet measured from property lines.

Personal Service Establishments within the NM2 and NM3 Districts must be developed in conjunction with the development of a planned residential community.

Privately owned and operated recreational uses subject to the following special requirements:

(1)

Districts Permitted. The following standards apply in the N1, N2, RUF, and NM1 Districts as a waiver use.

(2)

Minimum Lot Size. The use shall be erected and located on a satisfactory site that is at least four (4) acres in area.

(3)

Setbacks. Front, side, and rear yards shall each be at least twenty (20) feet wide. A swimming pool shall not be constructed within fifty (50) feet of any existing public street right-of-way as measured from the edge of the water. The pool shall not be constructed within three hundred (300) feet of any existing residence as measured from the edge of the water.

(4)

Access. A parking and traffic plan showing the planned provision for parking and ingress and egress for pedestrian and motor vehicle traffic approved by the Police and Fire Departments shall be filed with the Inspection Department as a condition precedent to the issuance of the permit.

(5)

Landscape Plan. A landscaping plan and time schedule approved by the Parks and Recreation Department shall be filed with the Inspection Department as a condition precedent to the issuance of the permit.

(6)

Maximum Building and Lighting Height. Buildings erected on the premises in connection with privately owned and operated recreational uses shall in no case exceed one (1) story in height except where, as a result of the peculiar topography of the premises, a lower level can be constructed entirely below the grade of the public street abutting or adjacent to such premises, in which case the same shall be permitted, and lighting facilities erected on the premises shall not exceed twenty (20) feet in height.

(7)

Compliance. Provided further, that privately owned and operated recreational uses comply with all other applicable rules, regulations, and ordinances of the City of Livonia. In order that the City Council might properly determine whether or not the requirements provided herein have and can be complied with, there shall be filed with the City Council a certified copy of the Articles of Incorporation and By-Laws of the private swimming pool club or organization; a plot plan drawn to scale showing the location of the premises on which the private swimming pool and related recreational facilities are to be situated, showing also the dimensions and area of such proposed area; the location of all residences and other buildings, structures, and public streets within one thousand (1,000) feet of such premises as measured from each of the property lines of the property site; and a separate development plan of the proposed site showing the size and location of all facilities to be situated thereon, and the size and location of all front, rear, and side yards and the length, width, and location of all driveways and parking facilities to be located on the proposed site. For the purpose of this Ordinance, the term "neighborhood," "community," or "club" pool shall mean that the pool is owned and operated by a private swimming club or similar organization for the sole and exclusive use of its members of such club, their families, and guests.

(1)

Districts Permitted. The following standards apply in the RUF District as a waiver use.

(2)

Minimum Lot Size. The raising of fur bearing animals shall be conducted on a farm of five (5) acres or more.

(3)

Setbacks. The pens or cages must be located at least one hundred (100) feet from any front, side, or rear property line.

(4)

Conformance. The raising of livestock shall conform to the Generally Accepted Agricultural and Management Practices (GAAMP) for the Care of Farm Animals.

(1)

Districts Permitted. The following standards apply in the N1, N2, RUF, and NM1 Districts as a waiver use, and in the C-1, C-2, C-3, and C-4 Districts as a permitted use.

(2)

Minimum Lot Size. In N1, N2, RUF, and NM1 Districts, Religious Institutions must be located on a parcel of land at least two (2) acres in area.

(3)

Signs. Religious institutions shall be permitted the following:

A)

One (1) identification ground sign not to exceed thirty (30) square feet of sign area or to exceed six (6) feet in height and shall have a minimum setback of ten (10) feet from any right-of-way line.

B)

One (1) freestanding bulletin board or identification ground sign not to exceed twenty (20) square feet of sign area and not to exceed five (5) feet in height and shall have a minimum setback of ten (10) feet from any right-of-way line.

C)

One (1) wall sign not to exceed twenty (20) square feet of sign area. Such sign shall consist of individual letters attached individually and flatly to the building.

(1)

Limited service and carry-out restaurants with or without outdoor dining areas subject to the following:

A)

Districts Permitted. The following standards apply in the C-1, C-2, C-3, and C-4 Districts as a permitted use.

B)

Access. Ingress and egress shall be available from a public street having an existing or planned right-of-way width of at least one hundred twenty (120) feet as shown on the Future Transportation Map.

C)

Drive-Up Window Facilities. Drive-up window facilities are prohibited.

D)

Outdoor Dining. Outdoor dining areas with seating for no more than six (6) persons when conducted in conjunction with a carry-out restaurant or twelve (12) persons when conducted in conjunction with a Limited Service Restaurant (as defined in Section 2.01Section 2.01(8) of this Ordinance) operating pursuant to a valid waiver use approval, provided that:

i)

The outdoor dining is conducted in accordance with a site plan illustrating the seating arrangement and capacity which has been approved by the Planning Department and Inspection Department.

ii)

That outdoor dining shall be restricted to sidewalk or patio areas adjoining the building.

iii)

That the outdoor dining shall be conducted in a manner that will ensure that sufficient clear space for pedestrian and handicapped circulation is provided, and that safe and direct access to and from the building is maintained.

iv)

If deemed necessary for public safety in instances where outdoor dining areas or drive aisles, decorative fencing (or other measures, such as bollards) shall be installed to demarcate and protect the outdoor seating areas.

v)

That trash receptacles shall be provided for the outdoor seating area and shall be emptied regularly as needed.

vi)

That the sound levels of any outdoor speakers shall be kept to a reasonable minimum so as to not become objectionable.

vii)

That all lighting equipment installed for the outdoor seating area shall be shielded or so arranged as to minimize stray light trespassing across property lines and glaring into adjacent roadway.

(2)

Full-service restaurants with or without outdoor dining areas subject to the following:

A)

Districts Permitted. The following standards apply in the C-1 and C-2 Districts as a waiver use and in the C-3 and C-4 Districts as a permitted use.

B)

Floor Area. At least one-half (½) of a restaurant's usable main floor area shall be devoted to a dining or eating and/or drinking area.

C)

Access. Ingress and egress be available from a public street by means of at least two (2) separate driveways at least forty (40) feet apart from one another.

D)

Lighting. Suitable lighting shall be provided and so arranged as to reflect away from any adjacent or abutting residential district and toward the commercial area.

(3)

Drive-in restaurants and restaurants with either drive-thru or drive-up window facilities; including food trucks subject to the following:

A)

Districts Permitted. The following standards apply in the C-2 District as a waiver use and in the C-3 District as a permitted use.

B)

Access. Ingress and egress shall be available from a public street having a right-of-way width of at least one hundred twenty (120) feet or more as indicated on the Future Transportation Map by means of at least two (2) separate driveways located at least thirty (30) feet apart from one another.

C)

Lighting. Suitable lighting shall be provided and so arranged as to reflect away from any adjacent or abutting residential district and toward the commercial area.

D)

Setback. No drive-in restaurant shall be located nearer than two hundred (200) feet as measured from any point on the property to any point on the property of a religious institution.

E)

Drive-Up Window Facilities. Drive-up window facilities shall comply with the following minimum standards:

i)

A restaurant with a drive-up window shall provide a separate customer ordering station.

ii)

The traffic lane serving the drive-up window shall be at least ten (10) feet wide.

iii)

The turning radius on any curve in the drive-up window traffic lane shall be no less than fifteen (15) feet.

iv)

A by-pass lane or other suitable means of access to a public street shall be provided for vehicles that do not use the drive-up window.

v)

Parking spaces located beyond drive-up windows shall be designated for use of drive-up window patrons.

vi)

Ingress and egress shall be available from a public street by means of at least two (2) separate driveways at least forty (40) feet apart from one another.

vii)

Suitable lighting shall be provided and so arranged as to reflect away from any adjacent or abutting residential district and toward the commercial area.

(1)

Buildings (single or multi-unit) for the purpose of retail sales and which contain a gross floor area of thirty thousand (30,000) square feet or more provided that:

A)

Districts Permitted. The following standards apply in the C-1, C-2 and C-4 Districts as a waiver use and in the C-3 District as a permitted use.

B)

Setbacks. The front yard shall be a least one hundred (100) feet; the rear yard shall be at least twenty-five (25) feet; the interior side yard(s) shall be at least twenty (20) feet; and a side or rear yard abutting a street shall be at least sixty (60) feet; provided, however, that when Retail Sales abuts a residential district, the required side and rear yards which abut such residential district shall be a least sixty (60) feet.

C)

Outdoor Storage. There shall be no outdoor sales, storage, or display of merchandise.

D)

Restaurants as an accessory use. Restaurant uses as defined in Section 2.01, Section 2.01(8) of this Ordinance shall be permitted as an accessory use to a single unit building only; provided, however, that the number of customer seats in the restaurant shall not exceed thirty (30). In the event that such building of thirty thousand (30,000) square feet or more was previously granted waiver use approval without providing for an accessory restaurant use, any restaurant use may not be added thereafter without first obtaining waiver use approval in accordance with the provision of this Ordinance.

E)

Single Unit. In the event that such building of thirty thousand (30,000) square feet or more is intended to be a single unit, the application for waiver use shall include a statement that the building as proposed will be attractive to other commercial tenants in the event the initial occupant ceases its occupancy of the building, including a description of the features of the building which will make it attractive to prospective replacement tenants. Such statement shall be revised, prior to final approval, to reflect any design changes recommended by City Council which affect the attractiveness of the proposed building to subsequent would-be occupants.

(2)

A workshop incidental to retail sales is permitted for servicing, repairing, or workshop activities. Up to 50% of the usable floor area can be used as a showroom in the commercial zoning districts. Up to 10% of the usable floor area can be used as a showroom in the industrial zoning districts. Such uses are detailed below:

A)

Air conditioning sales, service, and repair shops;

B)

Apparel alteration and repair shops;

C)

Electrical and lighting fixture sales, service, and repair shops;

D)

Furniture reupholstery and refinishing establishments;

E)

Lawnmower sales, service, and repair shops;

F)

Locksmith shops;

G)

Office equipment sales, service, and repair establishments;

H)

Plumbing and heating sales, service, and repair shops;

I)

Radio and television sales, service, and repair shops;

J)

Sign painting shops (no outside storage);

K)

Taxidermy shops;

L)

Motorcycle sales, service, and repair establishments; however, facilities for outdoor testing, display, or storage of merchandise are expressly prohibited.

(3)

Retail sales of new furniture when such use is accessory to a furniture warehouse establishment and located within a warehouse structure, and located in an M-1 District, such waiver use being expressly prohibited in an M-2 District, and provided that:

A)

Minimum Lot Size. The warehouse structure in any such case shall be located on a parcel of land containing four (4) acres or more.

B)

Floor Area. Such retail sales use and display areas combined shall not exceed thirty-five (35) percent of the entire floor area of the structure or such lesser percent as approved.

C)

Outdoor Storage. No outside storage, sales, or display of merchandise or promotional activity shall be permitted.

D)

Sales. All sales of merchandise shall be conducted wholly within the retail sales portion of the structure.

E)

Off-Street Parking. Off-street parking facilities shall be provided as hereinafter specified in Section 9.04 of this Ordinance, except that no parking of automobiles or other motor vehicles shall be permitted in the front yard setbacks and in the case of double frontage lots, the rear yard setbacks or side yard setbacks if such yard abuts a public or private street.

(Ord. of 4-18-2022)

The following standards shall apply to second-hand stores and rummage shops (not including antique stores as defined in Section 2.01(8) of this Ordinance):

(1)

Districts Permitted. The following standards apply in the C-2 District as a waiver use and in the C-3 District as a permitted use.

(2)

Outdoor Storage. There shall be no outdoor sales, storage, or display of merchandise.

(3)

Access. Ingress and egress shall be available from a public street having an existing or planned right-of-way width of at least one hundred twenty (120) feet as shown on the Future Transportation Map.

Climate controlled, indoor self-storage used to provide temporary storage needs for businesses and other individuals on a self-service basis, subject to the following:

(1)

Districts Permitted. The following standards apply in the C-2 District as a waiver use and in the C-3, ML, M-1, and M-2 Districts as a permitted use.

(2)

Minimum Lot Size. The minimum size of the site shall be not less than three (3) acres.

(3)

Maximum Number. Only one (1) climate-controlled building used in whole or in part for the purpose of providing storage on a self-service basis shall be permitted on the premises.

(4)

Outdoor Storage. There shall be no outdoor storage and no storage of flammable, explosive, radioactive, hazardous, toxic, or volatile substances within the self-storage buildings or upon the premises.

(5)

Access. Customer access to the self-storage units shall only be from the interior of a fully-enclosed, climate-controlled building.

(6)

Overhead Doors. Overhead doors to allow vehicles to enter or exit the building may be allowed provided they are controlled by means of electronic access devices or by an employee of the facility.

(7)

Operating Hours. The facility shall not be open for customer access to the storage units earlier than 7:00 a.m. nor later than 9:00 p.m.

(8)

Building Façades. Exterior building wall façades shall consist of maintenance-free materials, and the design and architectural appearance of the building shall be compatible to and in harmony with the surrounding commercial buildings in the area.

(9)

Use of Self-Storage Facility. Except as provided herein, the use of the self-storage facility shall be limited to the storage of personal and business items only, and no unit designed or intended for storage purposes shall be used for operating a business or recreational activity including, but not limited to, repairs, manufacturing, assembly, personal service, hobby, retail, or office.

(10)

Security Manager. A security manager shall be permitted to reside within the confines of the same building used in whole or in part for self-storage and such residence shall be considered an accessory use as provided in Section 2.01Section 2.01(4).

(11)

Accessory Uses. Office, retail, and other uses otherwise permitted under this Article may be allowed only where such use or uses are designed and provided as an integral part of the development, including, but not limited to, access, parking, lighting, and signage.

(1)

Districts Permitted. The following standards apply in all zoning districts as a permitted use.

(2)

Compliance. Per the provisions of the Small Wireless Communications Facilities Deployment Act, Public Act 365 of 2018, MCL 460.1301 et seq. ("Act 365"), the activities set forth in Code of Ordinances Section 12.06.050(D) are exempt from zoning review, except that replacement small cell wireless facilities shall require a permit if they exceed in size or weight the size or weight of the small cell wireless facility being replaced. Subsections (3) to (5) below apply to zoning reviews for the following activities that are subject to zoning review and approval, that are not a permitted use under Code of Ordinances Section 12.06.040(E), and that take place within or outside the public right-of-way:

A)

The modification of existing or installation of new small cell wireless facilities.

B)

The modification of existing or installation of new wireless support structures used for such small cell wireless facilities.

(3)

Application. Applications for zoning approval shall be filed with the City Engineer, or his or her designee ("Engineer"), and the processing of an application for a zoning approval is subject to all of the following requirements:

A)

Within 30 days after receiving an application under this section, the Engineer shall notify the applicant in writing whether the application is complete. If the application is incomplete, the notice shall clearly and specifically delineate all missing documents or information. The notice tolls the running of the 30-day period.

B)

The running of the time period tolled under subdivision (A) resumes when the applicant makes a supplemental submission in response to the authority's notice of incompleteness. If a supplemental submission is inadequate, the Engineer shall notify the applicant not later than 10 days after receiving the supplemental submission that the supplemental submission did not provide the information identified in the original notice delineating missing documents or information. The time period may be tolled in the case of second or subsequent notices under the procedures identified in subdivision (2)(A) above. Second or subsequent notices of incompleteness may not specify missing documents or information that was/were not delineated in the original notice of incompleteness.

C)

The application shall be processed on a nondiscriminatory basis.

D)

The Engineer shall approve or deny the application and notify the applicant in writing within 90 days after an application for a modification of a wireless support structure or installation of a small cell wireless facility is received or 150 days after an application for a new wireless support structure is received. The time period for approval may be extended by mutual agreement between the applicant and the Engineer. If the Engineer fails to comply with this subdivision, the application is considered to be approved subject to the condition that the applicant provide the City not less than 15 days' advance written notice that the applicant will be proceeding with the work pursuant to this automatic approval.

E)

The Engineer shall not deny an application unless all of the following apply:

i)

The denial is supported by substantial evidence contained in a written record that is publicly released contemporaneously.

ii)

There is a reasonable basis for the denial.

iii)

The denial would not discriminate against the applicant with respect to the placement of the facilities of other wireless providers.

(4)

Zoning Approval. Review of an application for a zoning approval is subject to all of the following requirements:

A)

An applicant's business decision on the type and location of small cell wireless facilities, wireless support structures, or technology to be used is presumed to be reasonable. This presumption does not apply with respect to the height of wireless facilities or wireless support structures. The Engineer may consider the height of such structures in its zoning review but shall not discriminate between the applicant and other communications service providers.

B)

The Engineer shall not evaluate or require an applicant to submit information about an applicant's business decisions with respect to any of the following:

i)

The need for a wireless support structure or small cell wireless facilities.

ii)

The applicant's service, customer demand for the service, or the quality of service.

C)

Any requirements regarding the appearance of facilities, including those relating to materials used or arranging, screening, or landscaping, shall be reasonable.

D)

Any spacing, setback, or fall zone requirement shall be substantially similar to a spacing, setback, or fall zone requirement imposed on other types of commercial structures of a similar height.

(5)

Fees. Application fees for zoning approval hereunder shall be:

A)

$1,000.00 for a new wireless support structure or modification of an existing wireless support structure.

B)

$500.00 for a new small cell wireless facility or modification of an existing small cell wireless facility.

Fees hereunder shall be adjusted as necessary to assure that such fees are the highest amounts permitted under Act 365, so long as such fees do not exceed the costs imposed on the City in connection with the permit application and zoning review.

(6)

Construction Commencement. Within 1 year after a zoning approval is granted, a wireless provider shall commence construction of the approved structure or facilities that are to be operational for use by a wireless services provider, unless the Engineer and the applicant agree to extend this period or the delay is caused by a lack of commercial power or communications facilities at the site. If the wireless provider fails to commence the construction of the approved structure or facilities within the time required, the zoning approval is void, and the wireless provider may reapply for a zoning approval. However, the wireless provider may voluntarily request that the zoning approval be terminated.

(7)

Moratorium. The City shall not institute a moratorium on either of the following:

A)

Filing, receiving, or processing applications for zoning approval.

B)

Issuing approvals for installations that are not a permitted use.

(8)

Failure to Meet Requirements. The Engineer may revoke a zoning approval, upon 30 days' notice and an opportunity to cure, if the permitted small cell wireless facilities and any associated wireless support structure fail to meet the requirements of the approval, applicable codes, or applicable zoning requirements.

(9)

Administration. The Mayor or his/her designee may provide forms and policies for administering this Section and Chapter 06 of Title 12 of the Code of Ordinances.

(10)

Written Appeal. Pursuant to MCL 460.1327, a person seeking to reverse a determination made under this Section or Chapter 06 of Title 12 of the Code of Ordinances may submit a written appeal to the Mayor, identifying the reason(s) for reversing the determination. Within 10 business days of receiving the written appeal, the Mayor shall render his/her decision whether to uphold, reverse, or uphold in part/reverse in part the determination under appeal.

(1)

Sidewalk and Tent Sales. Sidewalk and tent sales are permitted accessory uses for retail establishments in C-1 and C-2 Districts, provided that:

A)

The retail establishment submits a site plan to the Building Official and obtains a permit from the Building Official and complies with all permit conditions.

B)

No portion of any sale shall take place in a public right-of-way or the front or side yard required by this Ordinance for the retail establishment, except in cases where the building setback renders compliance with the yard requirement infeasible, in which case the sale shall be conducted at a setback which is, in the judgment of the Building Official, as near to a conforming setback as is feasible.

C)

The retail establishment does not conduct more than two sidewalk and/or tent sales in any calendar year per address or tenant.

D)

No such sale exceeds two (2) weeks in duration.

E)

The principal use is located on the same premises; and

F)

The premises upon which the sidewalk or tent sale is proposed is otherwise code compliant. If the Building Official has concerns or questions regarding safe access or the possibility of pedestrian and vehicular traffic conflicts that could occur in connection with the subject use, the Building Official will obtain a recommendation from the Traffic Bureau of the Police Department prior to issuance of a permit.

(2)

Temporary Buildings Incidental to the Construction of Residential Dwellings. The following standard applies in the N1, N2, and RUF Districts as a permitted use. Temporary buildings or structures for uses incidental to the construction of residential dwellings and improvements shall be removed immediately upon completion or abandonment of the construction work.

(3)

Carnivals. The following standard applies in the RUF, C-2, and C-4 Districts as a waiver use and in the P-L and C-3 Districts as a permitted use. Carnivals may be allowed for periods not normally to exceed two (2) weeks; however, they may request an optional time extension of up to two (2) weeks from the Planning Director.

(1)

Districts Permitted. The following standards apply in the C-2, M-1, and M-2 Districts as a waiver use and in the C-3 District as a permitted use.

(2)

General Standards. Ambulance services, local and suburban bus terminals, and taxicab terminals when exterior design, appearance, and location of any proposed building, structure, or premises and the location and design of any proposed parking facility or loading and unloading area to be used for above uses is consistent with the spirit, intent, and purpose of this Ordinance.

(Ord. of 4-18-2022)

(1)

Districts Permitted. The following standards apply in the M-1 District as a waiver use and the M-2 District as a permitted use.

(2)

Classification. Steel fabricators and special trade contractors where vehicles, trailers, equipment, and material are not wholly enclosed within a building, shall include, but are not limited to, the following:

A)

Bridge builders.

B)

Concrete contractors.

C)

Dredging contractors.

D)

Excavating contractors.

E)

Fence contractors.

F)

Foundation contractors.

G)

Grading contractors.

H)

Oil well contractors.

I)

Paving contractors.

J)

Pile driving contractors.

K)

Sewer excavators.

L)

Steel erectors.

M)

Underground contractors.

N)

Wrecking contractors.

O)

Septic tank installers and cleaners.

P)

Landscape contractors.

(3)

Fencing, Screening and Landscaping Requirements. The following requirements shall apply:

A)

Except for the front yard setback, the lot area shall be enclosed with a fence of a type approved by the Inspection Department which shall be located and maintained on the boundaries of such lot area, with only such openings therein as may be necessary for ingress and egress; provided, however, that in the case of a corner lot such fence shall be located on the side yard setback line abutting a public or private thoroughfare.

B)

Landscaping of the front yard and, in the case of a corner lot, also the side yard abutting a public or private thoroughfare, shall be required.

C)

The outside stacking or stockpiling of materials shall not exceed eight (8) feet in height above ground level.

D)

Notwithstanding any other provisions of this Ordinance, wherever the outside storage of equipment and/or material occurs on the site and is immediately adjacent to or abutting any residentially zoned property, there shall be provided a greenbelt which shall be at least twenty (20) feet in width, which shall consist of at least two (2) rows of appropriate live plant materials, so placed as to provide continuous screening over and above that which is provided by the protective wall, as is required by other provisions of this Ordinance and shall thereafter be permanently maintained; and further provided, that such greenbelt shall attain a minimum height of at least eight (8) feet after one full growing season.

(Ord. of 4-18-2022; Ord. of 2-14-2023)

Veterinary clinics, animal clinics, and animal hospitals, provided that such uses or clinics are hereby defined to mean the professional use of a building, by a licensed veterinarian for rendering professional services to household pets, and provided that:

(1)

Districts Permitted. The following standards apply in the RUF, C-1 and C-2 Districts as a waiver use and in the C-3 Districts as a permitted use.

(2)

Specified Use. Any building designed, constructed, or modified for veterinary clinics, animal clinics, and animal hospitals shall be used for the sole purpose of providing necessary medical care for sick or diseased household pets and shall not be constructed or used as a boarding establishment for household pets.

(3)

Attendant. A full-time duly qualified attendant or veterinarian shall be stationed in charge of such premises whenever any animals eligible for treatment at such establishment, as herein defined, are kept on the premises.

(4)

Enclosure. In no case shall such establishments have open or outdoor runways, kennels, or pens.

(5)

Disposal of Rubbish. In no case shall there be, in connection with the operation of such establishment, the disposal of rubbish and litter in such a manner as to be obnoxious or offensive. In no case shall there be any harboring of vermin or decaying matter on the premises, and effective provision shall be made to confine all noise, confusion, and odor, if any, to the premises.

(6)

Soundproof. The building housing veterinary clinics, animal clinics, and animal hospitals and the ventilating system used in connection therewith shall be so constructed as to be soundproof and soundproofing shall be installed to the extent necessary to ensure the elimination of all noise from the area used for the treatment and temporary keeping of such sick and diseased household pets.

(1)

Purpose and intent. It is the general purpose and intent of the City of Livonia to carry out the will of the United States Congress by authorizing communications facilities needed to operate wireless communications systems. However, it is the further purpose and intent of the City of Livonia to provide for such authorization in a manner which will retain the integrity of neighborhoods and the character, property values, and aesthetic quality of the community at large.

(2)

Compliance. Wireless communication facilities, provided that:

A)

Wireless Communication Facilities shall meet the requirements of Section 7.18 of the Zoning Ordinance.

B)

At least fifteen (15) days prior to the public hearing required by Section 13.13, Section 13.13(2) of the Zoning Ordinance with respect to such use, the City shall erect four foot by four foot (4' x 4') sign(s) at one (1) or more prominent locations around the premises leased or purchased for such wireless communication facility, in location(s) determined by the Building Official to be likely to give notice of the referenced proceedings to all interested parties. Such sign shall state the fact that a wireless communication facility has been proposed for a location near the sign, and name and address of the real party requesting the waiver use approval, and the telephone number at City Hall where interested persons can call for further information.

C)

Notice of the hearing shall be provided as required by law for public hearings concerning zoning matters, except that, due to the public nature of the property involved, the area in which notices are mailed will be expanded to include properties within six hundred (600) feet of the property which is the subject of the application or petition, as measured from the boundaries of the site leased or purchased for the purpose of erecting the wireless communication facility.

(3)

Definitions. The following definitions shall apply in the interpretation of this section:

A)

"Collocate" means to place or install wireless communications equipment on an existing wireless communications support structure or in an existing equipment compound. "Collocation" has a corresponding meaning.

B)

"Equipment compound" means an area surrounding or adjacent to the base of a wireless communications support structure and within which wireless communications equipment is located.

C)

"Wireless communications equipment" means the set of equipment and network components used in the provision of wireless communications services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cables, and coaxial and fiber optic cables, but excluding wireless communications support structures.

D)

"Wireless communications support structure" means a structure that is designed to support, or is capable of supporting, wireless communications equipment, including a monopole, self-supporting lattice tower, guyed tower, water tower, utility pole, or building.

E)

"Planning Official" shall mean the Director of Planning.

F)

"Building Official" shall mean the Chief Building Official.

G)

"Backhaul network" shall mean the lines that connect a wireless communications provider's wireless communications facilities to one or more cellular telephone switching offices, and/or long-distance providers, or the public switched telephone network.

(4)

Authorization. Except for paragraph A) below, no wireless communications equipment or support structures may be erected in the City of Livonia except upon application to the City for approval thereof, as set forth in paragraph (6) below; compliance with all other requirements of this section; and conformance of said equipment or support structure to one of the categories set forth in subparagraphs B) or D) below:

A)

Wireless communications equipment is a permitted use of property and is not subject to special land use approval or any other approval if all the following requirements are met:

i)

The wireless communications equipment will be collocated on an existing wireless communications support structure or in an existing equipment compound.

ii)

The existing wireless communications support structure or existing equipment compound is in compliance with this zoning ordinance or was approved by the Planning Commission and City Council.

iii)

The proposed collocation will not do any of the following:

a)

Increase the overall height of the wireless communications support structure by more than 20 feet or 10% of its original height, whichever is greater.

b)

Increase the width of the wireless communications support structure by more than the minimum necessary to permit collocation.

c)

Increase the area of the existing equipment compound to greater than 2,500 square feet.

iv)

The proposed collocation complies with the terms and conditions of any previous final approval of the wireless communications support structure or equipment compound by the Planning Official, Building Official, Planning Commission, or City Council.

B)

Wireless communications equipment that meets the requirements of subparagraph A)i) and A)ii) but does not meet the requirements of subparagraph A)iii) or A)iv) is a permitted use of property if it receives waiver use or special waiver use approval under paragraphs E) or F).

C)

Wireless communications equipment that meets the requirements of paragraph A) shall be required to comply with the requirements set forth in paragraph (5)A)i)a) through (5)A)i)c); paragraph (5)A)iii); paragraph (5)A)v)e) through (5)A)v)f); and paragraph (5)A)v)i) through (5)A)v)j).

D)

Other circumstances creating permitted use treatment. Subject to the standards and conditions set forth in subparagraph (5)A) below, wireless communications equipment or support structures shall be permitted uses in the following circumstances, and in the following zoning districts and zones, after approval by both the Planning Official and Building Official:

i)

An existing structure which will have wireless communications equipment attached to it within a non-residential zoning district where the existing structure is not proposed to be materially altered or materially changed in appearance.

ii)

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

iii)

A wireless communications support structure established within a right-of-way having an existing width of more than 204 feet (expressways), subject to collocation requirements as outlined in paragraph (8) below.

iv)

A wireless communications support structure established in any M-1, M-2, or commercially zoned district within Sections 25—30 and that portion of Section 19 bounded by Schoolcraft Road, Eckles Road, and the I-96 expressway, M-1, ML, and commercial zones which are contiguous with Eight Mile Road, and that zone which is west of the I-275/96 expressway, north of Six Mile Road, east of the western City boundary, and south of Eight Mile Road.

E)

Waiver Uses.

i)

Subject to the standards and conditions set forth below in Sections (5)A) and (5)B) and in Section 13.13, Section 13.13(6) of this Zoning Ordinance, wireless communications equipment and support structures may be authorized as waiver uses in C-1, C-2, C-3, C-4, PO, and OS zoning districts if not included in Paragraph A) or D) above upon a recommendation by the City Planning Commission and approval of the City Council.

ii)

Subject to the standards and conditions set forth below and in Section 13.13, Section 13.13(6) of this Zoning Ordinance, wireless communications equipment may be authorized as waiver uses in NM3 zoning districts upon a recommendation by the City Planning Commission and approval by the City Council.

iii)

Subject to the standards and conditions set forth below in Sections (5)A) and (5)B) and in Section 13.13, Section 13.13(6) of this Zoning Ordinance, wireless communications support structures may be authorized as a waiver use in any public land zone upon a recommendation of the City Planning Commission, approval of the Livonia City Council, and approval of the governing body which owns the land. Failure to receive approval from either the Livonia City Council or the governing body which owns the land shall result in a denial of the petition or application. In no case shall the wireless communications support structure in a public land zone be within 300 feet of a residence.

F)

Special Waiver Uses. If it is demonstrated by an applicant that wireless communications equipment or a wireless communications support structure may not reasonably be established as a permitted use under paragraph A) or D) above, and is required to be established outside of a zoning district identified in paragraphs D) and E) above, in order to operate a wireless communications service, then wireless communications equipment or a wireless equipment support structure may be permitted elsewhere in the City as a special waiver use subject to the criteria and standards of Section 13.13, Section 13.13(3) of this Ordinance and paragraphs (5)A) and (5)B) below.

(5)

General Regulations.

A)

Standards and Conditions. Applications for wireless communications equipment or support structures, if required, shall be reviewed in accordance with the following standards and conditions, and, if approved, shall be constructed and maintained in accordance with such standards and conditions. In addition, if the wireless communications equipment or support structure is approved, and is other than a permitted use, it shall be constructed and maintained with any additional conditions imposed by the findings of the Planning Commission and approved by the City Council in its discretion; provided, however, that waiver use or special waiver use approval of wireless communications equipment may be made expressly conditional only on the wireless communications equipment's meeting the requirements of City ordinances and of federal and state laws before the wireless communications equipment begins operation.

i)

Wireless communications equipment or support structures shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare.

a)

Annual Certification of Wireless Communications Equipment and Support Structures. Every operator and all collocators on all wireless communications equipment and wireless communications support structures shall no later than November 1st of each year certify to the Inspection Department by sworn statement of an authorized corporate officer that each of the facilities it operates in the City:

i.

are authorized to operate under a wireless license granted by the FCC;

ii.

are subject to the FCC's radiofrequency exposure rules; and

iii.

are operated in accordance with the FCC's radiofrequency rules.

Temporary remedial measures shall be promptly taken to bring equipment not certified to be compliant until permanent remedial measures have been made and compliance has been certified to the Inspection Department. Permanent remedial measures shall be made within thirty (30) days after the equipment was first deemed to be not in compliance with the FCC's radiofrequency rules. A late fee of One Hundred Dollars ($100.00) shall be imposed on any operator or collocator that has not provided this certification within ten (10) days of November 1st of each year.

b)

Penalty. Any person, persons, firm or corporation, or any others acting on behalf of said person, persons, firm, or corporation, violating or failing to comply with any of the provisions of a) above shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars ($500.00), or by imprisonment not exceeding five (5) days, or by both such fine and imprisonment at the discretion of the Court. Each act of violation and every day upon which such violation shall occur shall constitute a separate offense.

c)

Address and Change of Address. Each annual submission shall include the address of the facility assigned by the City and all pertinent information including the name, address, and telephone number of each operator and collocator. The operator and collocator of a cell tower or collocation equipment is hereby obligated to notify the Inspection Department in writing of any change of contact information or ownership within ten (10) days of any change. There shall be no charge for notification of the change of contact information or ownership if the notification is accomplished within the ten (10) day period. A late fee of one hundred dollars ($100.00) shall be imposed for failure to notify the Inspection Department of a change in contact information or ownership within the ten (10) day period. It is the responsibility of the owner and/or operator to verify that the city has received said notification.

ii)

Wireless communications equipment and support structures shall be located and designed to be harmonious with the surrounding areas, and if it is a new wireless communications support structure, shall be located no less than ½ mile from existing wireless communications support structures. The distance requirements shall not apply to applicants who have demonstrated that collocation is not feasible pursuant to paragraph (8)C)i) below.

iii)

Wireless communications equipment and support structures shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.

iv)

Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights.

v)

The following additional standards shall be met:

a)

The maximum height of the new or modified wireless communications support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communications by the applicant (and by other entities to collocate on the structure), but in no event shall the wireless communications support structure exceed 150 feet in height in all districts except in any M-1, M-2, or commercially zoned district within sections 25-30 and that portion of Section 19 bounded by Schoolcraft Road, Eckles Road, and the I-96 expressway, in which case the maximum height shall not exceed 250 feet. These height limitations shall not apply to those collocations which are a permitted use as set forth in paragraph (4)A) above. The accessory building contemplated to enclose such things as switching equipment shall be limited to the maximum height for accessory structures within the respective district.

b)

The setback of the new or proposed wireless communications support structure from any residential district or residential use shall be at least the height of the highest point of the structure plus 25 feet. The setback of the new or proposed wireless communications support structure from any existing or proposed rights-of-way or other publicly traveled roads shall be no less than the height of the structure unless the structure is placed within the right-of-way itself.

c)

Where the proposed new or modified wireless communication support structure abuts a parcel of land which is used for other than residential purposes, the minimum setback of the structure, and accessory structures, shall be in accordance with the required setbacks for main or principal buildings as provided in the schedule of regulations for the zoning district in which the support structure is located.

d)

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

e)

The division of property (lot splits or subdividing) for the purpose of locating wireless communications equipment or a wireless communications support structure is prohibited unless all zoning requirements and conditions are met.

f)

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

g)

Where the proposed wireless communications support structure is not a permitted use under section (4)D)i) above, the Planning Commission and City Council shall, with respect to the color of the support structure and all accessory buildings, review and approve so as to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless communications support structure in a neat and orderly condition.

h)

Before installing wireless communications support structures, the support system shall be constructed in accordance with all applicable building codes and shall include the submission of a soils report from a geotechnical engineer, licensed in the State of Michigan. This soils report shall include soil borings and statements confirming the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communications Commission, and Michigan Aeronautics Commission shall be noted. All applicants shall apply for and receive a permit from the Building Official prior to commencement of construction.

i)

A maintenance plan, and any applicable maintenance agreement, shall be presented and approved for the proposed wireless communications equipment or support structure. Such plan shall be designed to ensure long term, continuous maintenance to a reasonably prudent standard.

j)

The application, if required, or the operator of wireless communications equipment if same is a permitted use, shall provide a description of security to be posted at the time of receiving a building permit for, or the installation of, the wireless communications equipment or a support structure to ensure removal of the wireless communications equipment or support structure when it has been abandoned or is no longer needed, as provided in paragraph (8) below. In this regard, the security shall, at the election of the applicant or the operator, be in the form of:

i.

Cash calculated at $100.00 per vertical foot for wireless communications support structures.

ii.

Surety bond calculated at $100.00 per vertical foot for wireless communications support structures.

iii.

Letter of credit calculated at $100.00 per vertical foot for wireless communications support structures.

iv.

An agreement in a form approved by the attorney for the City of Livonia and recordable at the office of the Register of Deeds for all wireless communications equipment or support structures, establishing a promise of the applicant and owner of the property to remove the equipment or support structure in a timely manner as required under this section of the ordinance, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorney's fees incurred by the City of Livonia in securing removal and that any removal costs incurred by the City of Livonia will become a lien on the owner's property and enforceable against said landowner in a court of law of appropriate jurisdiction.

B)

Standards and Conditions Applicable to Waiver Uses and Special Waiver Uses. Applications for wireless communications equipment or support structures which may be approved as waiver uses and special waiver uses under subparagraphs (4)E) or (4)F) above shall be reviewed by the City Planning Commission with a submission of findings to City Council for its review and decision, and if approved, constructed and maintained in accordance with the standards and conditions in subparagraph A), and in accordance with the following standards:

i)

The applicant shall demonstrate the need for the proposed wireless communications equipment or support structure to be located as proposed based upon the presence of one or more of the following factors:

a)

Proximity to an interstate or major thoroughfare.

b)

Areas of population concentration.

c)

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

d)

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

e)

Topography of the proposed wireless communications equipment or support structure location in relation to other wireless communications equipment or support structures with which the proposed facility is to operate.

f)

Other specifically identified reason(s) creating need for the wireless communications equipment or support structure.

ii)

The proposal shall be reviewed in conformity with the collocation requirements of this section.

(6)

Application Requirements for Wireless Communications Equipment or Support Structures Requiring Approval.

A)

A site plan prepared in accordance with Section 13.13, Section 13.13(3) of this zoning ordinance shall be submitted, showing the location, size, screening, and design of all buildings and structures, including fences, and the location and size of outdoor equipment, and the location, number, and species of proposed landscaping.

B)

The site plan shall also include a detailed landscaping plan where the support structure is being placed at a location which is not otherwise developed, or where a developed area will be disturbed. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings, and enclosure. In all cases, there shall be shown on the plan fencing which is required for protection of the support structure and security from children and other persons who may otherwise access facilities.

C)

The application shall include a signed certification by a State of Michigan licensed professional engineer regarding the manner in which the proposed wireless communications support structure will fall, which certification will be utilized, along with other criteria such as applicable regulations for the district in question, in determining the appropriate setback to be required for the structure and other equipment.

D)

The application shall include a description of security to be posted at the time of receiving a building permit for the facility to ensure removal of the wireless communications equipment or support structure when it has been abandoned or is no longer needed, as provided in paragraph (9) below. In this regard, the security shall, at the election of the applicant, be in the form of:

i)

Cash calculated at one hundred dollars ($100.00) per vertical foot for wireless communications support structures.

ii)

Surety bond calculated at one hundred dollars ($100.00) per vertical foot for wireless communications support structures.

iii)

Letter of credit calculated at one hundred dollars ($100.00) per vertical foot for wireless communications support structures.

iv)

An agreement in a form approved by the attorney for the City of Livonia and recordable at the office of the Register of Deeds for all wireless communications equipment and support structures, establishing a promise of the applicant and owner of the property to remove the equipment and support structures in a timely manner as required under this section of the ordinance, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorney's fees incurred by the City of Livonia in securing removal and that any removal costs incurred by the City of Livonia will become a lien on the owner's property and enforceable against said landowner in a court of law of appropriate jurisdiction.

E)

The application shall include a map showing existing and known proposed wireless communications equipment and support structures within the City of Livonia, and further showing existing and known proposed wireless communications equipment and support structures within areas surrounding the borders of the City of Livonia in the location, and in the area, which are relevant in terms of potential collocation or in demonstrating the need for the proposed wireless communications equipment and support structures. If and to the extent the information in question is on file with the City of Livonia, the applicant shall be required only to update as needed. Any such information which is trade secret and/or other confidential commercial information which, if released, would result in commercial disadvantage to the applicant, may be submitted with a request for confidentiality in connection with the development of governmental policy MCL 15.243(1)(g). This Ordinance shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated to bring it to the attention of the City of Livonia.

F)

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

G)

The application shall include identification of the entities providing the backhaul network for the wireless communications equipment and support structure described in the application and other facilities owned or operated by the applicant in the municipality, including any lessees or users of the facilities.

(7)

Time Periods for Approvals.

A)

After an application for a waiver use or special waiver use approval is filed with the Planning Commission, the Planning Official shall determine whether the application is administratively complete. Unless the Planning Official proceeds as provided under subparagraph B) below, the application shall be administratively complete when the Planning Official makes that determination or 14 business days after the Planning Commission receives the application, whichever is first.

B)

If, before the expiration of the 14-day period under subparagraph A) above, the Planning Official notifies the applicant that the application is not administratively complete, specifying the information necessary to make the application administratively complete, or notifies the applicant that a fee required to accompany the application has not been paid, specifying the amount due, the running of the 14-day period under subparagraph A) is tolled until the applicant submits to the Planning Official the specified information or fee amount due. The notice shall be given in writing or by electronic notification.

C)

The Planning Commission and City Council shall approve or deny the application not more than 60 days after the application is considered to be administratively complete. If the Planning Commission and City Council fail to timely approve or deny the application, the application shall be considered approved and the Planning Commission and City Council shall be considered to have made any determination required for approval.

D)

If the wireless communications equipment does not meet the requirements of paragraph (4)A) or for a wireless communications support structure, subparagraphs A) through C) above apply to the waiver use and special waiver use approval process, except that the period for approval or denial under subparagraph C) above is 90 days.

(8)

Collocation.

A)

Statement of Policy: It is the policy of the City of Livonia to minimize the overall number of newly established locations for wireless communications equipment and wireless communications support structures within the City of Livonia and encourage the use of existing structures for attached wireless communications purposes, consistent with the statement of purpose and intent set forth in paragraph (1) of this section above. In light of the dramatic increase in the number of wireless communications equipment and support structures reasonably anticipated to occur as a result of the change of federal law and policy in and relating to the Federal Telecommunications Act of 1996, it is the policy of the City of Livonia that all users should collocate on wireless communications support structures in the interest of achieving the purposes and intent of this section, as stated above, and as stated in paragraph (1) of this section. If a provider fails or refuses to permit collocation on a facility owned or otherwise controlled by it, where collocation is feasible, the result will be that a new and unnecessary additional structure will be compelled, in direct violation of and in direct contradiction to the basic policy, intent, and purpose of the City of Livonia. The provisions of this subsection are designed to carry out and encourage conformity with the policy of the City of Livonia.

B)

Feasibility of collocation: Collocation shall be deemed to be "feasible" for purposes of this section where all the following are met:

i)

The wireless communications provider entity under consideration for collocation will undertake to pay market rent or other market compensation for collocation.

ii)

The site on which collocation is being considered, taking into consideration reasonable modification or replacement of a support structure, can provide structural support.

iii)

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

iv)

The height of the structure necessary for collocation will not be increased beyond a point deemed to be permissible by the City of Livonia taking into consideration the several standards contained in paragraph (5) of this section, above.

C)

Requirements for Collocation:

i)

A special land use permit for the construction and use of a new wireless communications support structure shall not be granted unless and until the applicant demonstrates that a feasible collocation is not available for the coverage area and capacity needs.

ii)

All new and modified wireless communications support structures shall be designed and constructed to accommodate collocation for a minimum of three (3) total users. The Planning Official and Building Official may reduce the number of required users if they are convinced that a total of three (3) users will be unfeasible.

iii)

The policy of the City of Livonia is for collocation. Thus, if a party who owns or otherwise controls a wireless communications support structure within the City of Livonia shall fail or refuse to alter a structure to accommodate a proposed and otherwise feasible collocation, such structure shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded or extended in any respect.

iv)

If a party who owns or otherwise controls a wireless communication support structure shall fail or refuse to permit a feasible collocation, and this requires the construction and/or use of a new wireless communications support structure, the party failing or refusing to permit a feasible collocation shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of the City of Livonia, and consequently, such party shall take responsibility for the violation, and shall be prohibited from receiving approval for a new wireless communications support structure within the City of Livonia for a period of five years from the date of the failure or refusal to permit the collocation. Such a party may seek and obtain a variance from the Board of Appeals if and to the limited extent the applicant demonstrates entitlement to variance relief which, in this context, shall mean a demonstration that enforcement of the five year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communications services, or that such enforcement would have the effect of prohibiting the provision of personal wireless communications services.

D)

Incentive. Review of an application for collocation (where required under this section) and review of an application for a permit for use of a facility permitted under paragraph (4)D)i) above shall be expedited by the City of Livonia.

(9)

Removal.

A)

A condition of the installation of any wireless communications equipment or a wireless communications support structure shall be adequate provision for removal of all or part of the wireless communications equipment and support structure by users and owners upon the occurrence of one or more of the following events:

i)

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

ii)

Six (6) months after new technology is available at reasonable cost as determined by the Livonia City Council, which determination shall be rebuttable by the support structure owner, which permits the operation of the communications system without the requirement of a support structure.

B)

The situations in which removal of wireless communications equipment or a wireless communications support structure is required, as set forth in paragraph A) above, may be applied and limited to portions of wireless communications equipment or a wireless communications support structure.

C)

Upon the occurrence of one or more of the events requiring removal specified in paragraph A) above, the property owner or persons who had used the equipment or support structure shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the Planning Official and Building Official.

D)

If the required removal of wireless communications equipment or a wireless communications support structure or a portion thereof has not been lawfully completed within sixty (60) days of the applicable deadline, and after at least thirty (30) days written notice to the equipment or support structure owner and property owner, the City of Livonia may remove or secure the removal of the equipment or support structure or required portions thereof, with its actual cost and reasonable administrative charge to be drawn, collected and/or enforced from or under the security posted at the time application was made for establishing the wireless communications equipment or support structure.

(10)

Application Fees. All applicants for wireless communications equipment (except where approval is not required pursuant to paragraph (4)A) above) and for a wireless communications support structure shall pay an application fee of $500.00 before a permit may be issued.

(11)

Signs on Towers/Antennas/Wireless Communications Support Structures. No signs shall be displayed on any cellular tower antennas or wireless communications support structure or equipment without a submission of findings of the City Planning Commission and approval of the City Council.

(12)

Franchise Fee.

A)

If a wireless communications equipment provider installs land-based equipment such as coaxial, wire, or fiber optic cables to transmit information or electric impulses to or from wireless communications equipment or support structures, such provider shall apply to the City of Livonia for a permit or franchise as required by law prior to installing said land-based equipment. The provider shall submit all information in its possession to the City of Livonia regarding any entity installing, providing, or using a backhaul network, and such entity shall also apply for a permit or franchise as required by law.

B)

Owners and/or operators of wireless communications equipment and support structures shall certify that all franchises required by law for the construction and/or operation of a wireless communications system in the City of Livonia have been obtained and shall file a copy of all required franchises with the Planning Official.