Every use, activity, process or operation located or occurring with the city shall comply with the performance standards prescribed in this section, and no such existing use, activity, process or operation shall hereafter be altered or modified so as to conflict with, or further conflict with, these performance standards. If, as of the date of adoption of this Code, the operations of any lawful existing use violates these performance standards, such operations shall not be varied or changed in any way as to increase the degree of such violation. The operation of any existing conforming use in violation of these performance standards shall not in itself make such use subject to the nonconforming use provisions of this Code.

(Sec. 7.1.1)

No use shall discharge or store beyond its lot or site boundaries any toxic matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or business.

(Sec. 7.1.2)

Any operation producing glare or heat shall be performed within a completely enclosed building in such manner as not to create a public nuisance or hazard beyond the boundaries of the lot on which such building is located.

(Sec. 7.1.3)

Sound levels and impulsive type noises shall comply with St. Clair County Noise standards as established and enforced by the St. Clair County Department of Health.

(Sec. 7.1.4)

(a)

The release of radioactive gases and particulate matter shall not exceed the maximum allowable concentration permitted the general population in applicable federal, state and local laws and regulations when measured at or beyond the lot lines at ground level or habitable elevation.

(b)

No activity involving radiation hazards shall be permitted which causes exposure to persons at or beyond the lot lines in excess of the maximum allowable concentration permitted the general population in applicable federal, state and local laws and regulations.

(Sec. 7.1.5)

(a)

The storage or utilization of solid materials ranging from incombustible to moderate burning is permitted.

(b)

The storage or utilization of solid materials ranging from free or active burning to intense burning is permitted provided the following conditions are met:

(1)

The materials shall be stored or utilized within completely enclosed buildings or structures having incombustible exterior walls and handled in accordance with the standards and regulations of the fire department and the National Fire Protection Association or its successors.

(2)

All such buildings shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the fire department and the National Fire Protection Association or its successors.

(3)

Such materials, if stored outdoors, shall be no closer than 150 feet to the nearest lot line or in conformance with the standards and regulations of the fire department and National Fire Protection Association or its successors.

(c)

The storage or utilization of flammable liquids or materials which produce flammable or explosive vapors shall be permitted in accordance with the following limitations, exclusive of storage in underground tanks, and storage of finished products in original sealed containers.

(1)

Such materials or products shall be stored or utilized within completely enclosed buildings having incombustible exterior walls and handled in accordance with the standards and regulations of the fire department of the National Fire Protection Association or its successors, and, in addition, all such buildings shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the fire department and the National Fire Protection Association or its successors.

(2)

The above ground storage of flammable liquids is prohibited, except as allowed by regulations of the fire department and the National Fire Protection Association or its successors.

(3)

The total of all flammable liquids permitted on any tract shall not exceed 5,000 gallons unless approved by the fire department and the development administrator.

(Sec. 7.1.6)

(a)

Location limitations. The installation of any new or additional mobile home within the city shall be limited to mobile home parks that have been lawfully created.

(b)

Compliance with state and federal regulations. All mobile homes moved into the city after the effective date of this Code shall be constructed in compliance with specifications set forth by the National Fire Protection Association under the Association's Code of Specifications for Mobile Homes and Travel Trailers and all applicable state and federal regulations.

(c)

Dangerous mobile homes prohibited. No mobile home constructed prior to June 30, 1976, nor any mobile home not constructed in compliance with the Federal "National Manufactured Housing Construction and Safety Standards Act of 1974", nor any mobile home which is deemed by the development administrator to be a hazard to the public health or safety shall be moved into, erected or installed in the city.

(d)

Installation criteria.

(1)

Each mobile home space shall have a stand to provide adequate support for the placement and tie-down of the mobile home. The stand shall extend the length of the supports of the mobile home, and shall consist of either six-inch thick reinforced concrete runners or a four-inch thick reinforced concrete slab. Concrete piers may be permitted only after review and consultation of the building official.

(2)

Each mobile home shall be anchored in a manner to meet or exceed the standards prescribed by the Federal Department of Housing and Urban Development.

(3)

No mobile home shall be immobilized, but anchors capable of withstanding a vertical tension force of 4,800 pounds shall be installed at the corners of each stand or as otherwise necessary for protection against high winds. Every mobile home shall be securely tied down to such anchors.

(4)

The minimum first floor elevation shall be at least 18 inches, but not more than 36 inches, above the crown of the nearest street or road.

(5)

The frame, axles, wheels, crawl space storage area and utility connection of all mobile homes shall be concealed from view through the use of durable all-weather materials manufactured specifically for the purpose of covering the undercarriage area. Such skirting shall be fastened in accordance with manufacturers instructions and shall provide for adequate ventilation.

(6)

All mobile home spaces shall abut upon an all-weather surface driveway of not less than 22 feet in width, which shall have unobstructed access to a city street.

(7)

Mobile homes may only be placed in designated and approved mobile home subdivisions. Mobile homes may not be placed in any zoning district other than the RMH, mobile home residential district.

(8)

To inhibit the spread of fire, no mobile home shall be erected or placed within 20 feet of another mobile home.

(e)

Permits and fees required. After the effective date of this Code, every mobile home park in the city shall be subject to an annual license fee of $50.00. No mobile home shall be placed within the city until a permit for such placement has been issued by the development administrator.

(Sec. 7.2.1)

(a)

Lessors of miniwarehouses and self-storage units (uses within NAICS Code 53113) are allowed in the "LI", "GI" and "AP" districts based on meeting the following performance standards:

(1)

There shall be a minimum of one parking space for each employee.

(2)

No gasolines, flammables, explosives or other dangerous materials and no motor vehicles may be stored inside a storage building.

(3)

Such facility may contain a surfaced lot for the outside storage of motor vehicles, trailers and watercraft as an accessory use. Motor vehicles, trailers and watercraft include boats, boat trailers, camping trailers, materials trailers and recreational vehicles, and automobiles and light trucks of less than 10,000 pounds gross weight. All such vehicles shall be registered and in operating condition, and shall be screened from the view of adjoining properties. No derelict vehicles shall be allowed. No repair, maintenance and/or upgrading of motor vehicles, trailers or watercraft shall be permitted on site.

(4)

All storage facilities shall be separated by walls and ceilings.

(5)

There shall be a minimum of 24 feet between buildings for purposes of ingress and egress to storage facilities.

(6)

Each individual storage facility shall not exceed a width of 12 feet, a length of 30 feet and a height of nine feet.

(7)

The storage facilities shall be screened from streets and surrounding residentially-zoned properties.

(8)

Additional reasonable requirements including, but not limited to, access ways, billing locations, hours of operation, and on-site resident manager may be imposed for the protection of adjoining landowners.

(Sec. 7.2.2)

(a)

Size of accessory buildings in residential districts. In residential (R) zoning districts, accessory buildings may not exceed the size of the principal building on any lot or parcel.

(b)

Materials for accessory buildings in residential districts. Portions of garages and similar sized accessory buildings in residential (R) zoning districts that face the street shall be constructed of building materials that are similar to or consistent with the building materials of the principal building on the lot.

(Sec. 7.3.1)

(a)

Applicability. In residential (R) zoning districts, home occupations shall be limited to those uses listed as permitted home occupations or which receive approval as a conditional home occupation.

(b)

Permitted home occupations. Home occupations are permitted in any dwelling unit subject to the requirements of this section and the respective zoning district regulations. Authorized home occupations shall include the following:

(1)

Artists and sculptors.

(2)

Authors and composers.

(3)

Child care for not more than three children not related to the occupant of the home.

(4)

Data entry and similar computer work.

(5)

Dressmakers, seamstresses and tailors.

(6)

Home crafts, such as model making, rug weaving, lapidary work, and ceramics.

(7)

Office facility of a minister, priest or other similar person associated with a religious organization.

(8)

Office facility of a salesman, sales representative, or manufacturers representative, provided no retail or wholesale transactions are made on the premises.

(9)

Renting of not more than one room for rooming or boarding persons who are not transients.

(10)

Telephone sales and similar telephone-related uses.

(11)

Similar uses which do not involve retail or wholesale sales transactions on the premises, employment of persons other than occupants of the dwelling, any greater assembly, processing, or fabrication operations.

(c)

Home occupation standards. Any proposed home occupation must meet the following criteria:

(1)

The home occupation shall be conducted within the dwelling which is the bona fide residence of the principal practitioner or in any building accessory thereto which is normally associated with a residential use.

(2)

No stock in trade shall be displayed or sold on the premises.

(3)

No alterations to the exterior appearance of the principal residential building or premises shall be made which changes the character thereof as a residence.

(4)

No outside display of goods or outside storage of equipment or materials used in the home occupation shall be permitted.

(5)

No persons other than a member of the immediate household occupying such dwelling shall be employed on the premises.

(6)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall under no circumstances change the residential character thereof.

(7)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street.

(8)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.

(9)

No signs accessory to such home occupation shall be displayed.

(10)

A home occupation shall be subject to all applicable city occupational licenses and permits.

(Sec. 7.3.2)

A communication antennae, as defined in article II, may be placed on any lot or within any public or utility right-of-way in any zoning district if such antenna meets all of the following criteria:

(a)

The antenna is a single whip antenna not exceeding six feet in height/length and not more than two inches in diameter or the antenna is in the shape of a rectangle or similar shape and not more than one cubic foot in size.

(b)

No separate on-site support building is necessary for operation of the antenna.

(c)

Other equipment necessary for the operation of the antenna is relatively small and can be mounted on or within a utility pole or light pole or similar structure.

(Sec. 7.3.3)

(a)

Motor vehicle parts (used) wholesalers (uses within NAICS Code 421140) and recyclable material wholesalers (NAICS Code 421930) may be allowed as a conditional use in the "GI" district based on meeting the following performance standards:

(1)

Shall be located on a site of at least 40,000 square feet.

(2)

All wreckage shall be stored inside a building or within an area screened from the view of the street and surrounding properties by landscaping, fencing or a combination of materials that provides an opaque screen at least six feet in height.

(3)

Additional criteria necessary to protect the public health, safety and welfare as determined by the city council.

(Sec. 7.4.1)

(a)

Communication towers may be allowed as a conditional use in the "AG", "GC", "LI", "GI" and "AP" zoning districts based on meeting the following performance standards:

(1)

The height of the tower shall not exceed 200 feet.

(2)

The tower shall be set back from property lines a minimum of one foot for every foot of tower height.

(3)

Owners and operators of every communication tower approved after the effective date of this Code may be required to provide for the collocation of other communications providers on their tower for reasonable compensation.

(4)

Prior to approval of a communication tower by the city council, the applicant shall document their efforts to locate their antenna on an existing communication tower within the city or in close proximity to the city. Such documentation shall also indicate why collocation on any existing tower is not feasible.

(5)

Additional reasonable requirements designed to protect the safety and general welfare of adjoining landowners and other residents of the city.

(Sec. 7.4.2)