Whenever any provision of this chapter imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, the provisions of this chapter shall govern.

(Ord. No. 442, § 4.1, 8-19-81)

No building or structure, or part thereof, shall hereafter be erected, constructed, or altered and maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this chapter.

(Ord. No. 442, § 4.2, 8-19-81)

Nothing in this chapter shall be deemed to require any change in the plans, construction or design use of any building upon which actual construction was lawfully begun prior to August 19, 1981, and upon which building actual construction has been diligently carried on, and provided further, that such building shall be completed within two years from such date.

(Ord. No. 442, § 4.3, 8-19-81)

The provisions of this chapter shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with municipal or other public election.

(Ord. No. 442, § 4.4, 8-19-81)

All streets, alleys, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such streets, alleys, or railroad rights-of-way. Where the centerline of a street or alley serves as a district boundary, the zoning of such street or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

(Ord. No. 442, § 4.5, 8-19-81)

No building shall be erected, converted, enlarged, reconstructed or structurally altered; nor shall any open spaces surrounding any building be encroached upon or reduced in any manner, except in conformity with the area regulations of the district in which the building is located.

(Ord. No. 442, § 4.6, 8-19-81)

No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, except that roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, smokestacks, individual domestic radio and television aerials and wireless masts, water tanks, or similar structures may be erected above the height limits herein prescribed. Except for commercial radio, television, and other transmitting or relay antenna towers, no such structure may be erected to exceed by more than 20 feet the height limits of the district in which it is located; nor shall such structure have a total area greater than 25 percent of the roof area of the building, nor shall such structure be used for any residential purpose or any commercial purpose other than a use incidental to the main use of the building. Commercial radio, television, and other transmitting or relay antenna towers shall be permitted in any commercial or industrial zoning district, subject to compliance with height limits and other standards of applicable federal, state and city ordinances. The minimum setbacks for such towers from all abutting streets or adjacent property shall be a distance equal to the height of the tower. The structural plans must be approved by the building inspector.

(Ord. No. 442, § 4.8, 8-19-81)

Space which has been counted or calculated as part of a side yard, rear yard, front yard, court, lot area or other open space to meet the requirements of this chapter for a building shall not be counted or calculated to satisfy or comply with a yard, court, lot area or other open space requirement for any other building.

(Ord. No. 442, § 4.9, 8-19-81)

Architectural features, such as eaves, overhangs, awnings, chimneys, and window bays, may extend or project into a required side yard not more than two feet for each required side yard, and may extend or project into a required front yard or rear yard not more than three feet, except that unenclosed terraces, platforms and steps may project up to seven feet into any required front yard in any residential district.

(Ord. No. 442, § 4.10, 8-19-81)

No building permit shall be issued for any construction located on any lot or parcel of land in the city that does not abut on a public street or highway; provided that this chapter shall not be the basis for preventing the issuance of a building permit for ordinary repair or maintenance of any building that is already erected before August 19, 1981.

(Ord. No. 442, § 4.11, 8-19-81)

No proposed plat of a new subdivision shall hereafter be approved by either the city council or the planning commission, unless the lots within such a plat equal or exceed the minimum size and width requirements set forth in the various districts of this chapter, and unless such plat fully conforms with the statutes of the state and all other provisions of this Code.

(Ord. No. 442, § 4.12, 8-19-81)

Essential services shall be permitted as authorized and regulated by law and other ordinances of the city in any use district, it being the intention hereof to exempt such erection, construction, alteration, and maintenance from the application of this chapter. The board of zoning appeals shall have the power to permit the erection and use of a building, or an addition to an existing building, of a public service corporation or for public utility purposes, in any permitted district to a greater height or of larger area than the district requirements herein established, and permit the location in any use district of a public utility building, structure or use, if the board shall find such use, heights, area, building or structure reasonably necessary for the public convenience and service; provided such building, structure, or use is designed, erected and landscaped to conform harmoniously with the general architecture and plan of such district.

(Ord. No. 442, § 4.13, 8-19-81)

(a)

Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of water to run away from the walls of the structures thereon. The balance of yard spaces shall be graded and adequate drainage provided where necessary to reflect proper drainage of surface waters from the premises. Drainage flow shall be to adjoining streets and alleys, wherever possible, and not to adjoining properties.

(b)

When a new building is constructed on a vacant lot between two existing buildings or adjacent to an existing building, the existing established grade shall be used in determining the grade around the new building and the yard around the new building shall be graded in such a manner as to meet existing grades.

(Ord. No. 442, § 4.14, 8-19-81)

Any building or structure which has been wholly or partially erected on any premises within or outside the city shall not be moved to and/or placed upon any premises in the city unless a building permit for such building or structure shall have been secured. Any such building or structure shall fully conform to all the provisions of this chapter, and all other applicable city ordinances in the same manner as a new building or structure.

(Ord. No. 442, § 4.15, 8-19-81)

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the building inspector or required compliance with his lawful order, except as specified in section 24-507.

(Ord. No. 442, § 4.16, 8-19-81)

The construction, maintenance or existence within the city of any unprotected, unbarricaded, open or dangerous excavations, holes, pits or wells, or of any excavations, holes, or pits which constitute or are reasonably likely to constitute a danger or menace to public health, safety or welfare, is hereby prohibited; provided, however, this section shall not prevent any excavation under a permit issued pursuant to this chapter or the Code of the city, where such excavations are properly protected and warning signs posted in such a manner as may be approved by the building inspector.

(Ord. No. 442, § 4.17, 8-19-81)

The use of land for the excavation, removal, filling or depositing of any type of earth material, topsoil, gravel, rock, sand, garbage, rubbish, or other wastes or by-products, is not permitted in any zoning district except under a certificate from, and under the supervision of, the building inspector in accordance with a topographic plan, approved by the city engineer, submitted by the fee-owner of the property concerned. The topographic plan shall be drawn at a scale of not less than one inch equals 50 feet and shall show existing and proposed grades and topographic features and such other data as may from time to time be required by the city engineer. Such certificate may be issued in appropriate cases upon the filing with the application of a cash bond or surety bond by a surety company authorized to do business in the state running to the city in an amount as established by the city engineer which will be sufficient in amount to rehabilitate the property upon default of the operator or such other reasonable expenses. This regulation does not apply to normal soil removal for basement or foundation work when a building permit has previously been duly issued by the building inspector.

(Ord. No. 442, § 4.18, 8-19-81)

Accessory buildings and uses, except as otherwise permitted in this chapter, shall be subject to the following regulations:

(1)

Accessory uses and buildings are permitted only in connection with, incidental to and on the same lot with a principal use or building which is permitted in the particular zoning district. Accessory buildings may not be constructed within a dedicated easement or right-of-way.

(2)

Where the accessory building is structurally attached to a main building, it shall be subject to and must conform to all regulations of this chapter applicable to main or principal buildings.

(3)

All accessory uses and buildings shall comply with the use regulations applicable to the zoning district in which they are located.

(4)

No accessory use shall be occupied or utilized unless the principal structure to which it is accessory is occupied or utilized.

(5)

Accessory buildings, except for parking attendants, guard shelters and gate houses, shall not be erected in any required yard except a rear yard, and shall not be closer than three feet to any side or rear lot line.

(6)

An accessory building shall not exceed one story or 15 feet in height and may not occupy more than 35 percent of any rear yard; provided, that in no instance shall the accessory building exceed the ground floor area of the main building.

(7)

No detached accessory building shall be located closer than ten feet to any main building.

(8)

In the case of double frontage lots, accessory buildings shall observe front yard requirements on both street frontages whenever there are any principal buildings fronting on such streets in the same block or adjacent blocks.

(9)

Private garages are accessory buildings and shall comply with all regulations applicable to accessory buildings and regulations applicable to the zoning district which the private garage is to be located. No more than one private garage is permitted in any single-family residential district. The garage may not exceed 768 square feet in area.

(10)

Accessory buildings such as a tool shed is only permitted if it conforms to all regulations of this chapter. There shall not be more than one tool shed not exceeding 120 square feet per lot or contiguous lots, if commonly owned by property owner.

(Ord. No. 442, § 4.19, 8-19-81; Ord. No. 680, art. I, 1-2-02)

All fences, walls and other protective barriers of any nature or description erected in the city shall comply with chapter ten of this Code governing the construction, maintenance and use of fences, except that section 24-412 shall supersede conflicting portions of such chapter.

(Ord. No. 442, § 4.20, 8-19-81)

All private swimming pools erected in the city shall comply with the BOCA National Building Code governing the construction, maintenance, operation and use of private swimming pools.

(Ord. No. 442, § 4.21, 8-19-81)

All signs erected in the city shall comply with appropriate ordinances of the city governing the construction, maintenance, operation and use of signs, and article XVIII of this chapter.

(Ord. No. 442, § 4.22, 8-19-81)

No structure, wall, fence, shrubbery or trees shall be erected, maintained or planted in the required yard spaces on any lot which will obstruct the view of the driver of a vehicle approaching an intersection, excepting that shrubbery and low retaining walls not exceeding two feet in height above the curb level and shade trees where all branches are not less than eight feet above the street level will be permitted. For residential corner lots, this unobstructed area will be a triangular section of land formed by the two street curb lines and a line connecting them at points 25 feet from the intersection of the curb lines.

(Ord. No. 442, § 4.23, 8-19-81)

The purpose of site plan review is to determine compliance with the provisions set forth herein and to promote the orderly development of the city, the stability of land values and investments and the general welfare, and to help prevent the impairment or depreciation of land values and development by the erection of structures or additions or alterations thereto without proper attention to siting and appearance. The following provisions in this section shall apply to all site plan review procedures unless otherwise provided in this article. The procedures of this section shall be minimum requirements, and additional procedures may be required by this article or by the planning commission.

(1)

Site plan review by the planning commission is required for all proposed new development including townhouse condominiums, except single-family and two-family housing. Additions to existing structures which would increase the gross floor area or change the size or design of parking or loading areas also require site plan review.

(2)

Every site plan submitted to the planning commission shall be in accordance with the requirements of this chapter. No site plan shall be approved until it has been reviewed by the police department, building department, fire department and engineering department for compliance with the standards of the respective departments.

(3)

Whenever site plan review is required by the planning commission under the provisions of this article, 12 copies of the site plan, including all items required together therewith, shall be submitted at a scale not less than one inch equals 50 feet if the property is less than three acres and one inch equals 100 feet if the property is three acres or more. The planning commission may prepare forms and require the use of such forms in site plan preparation.

(4)

The following information shall accompany all plans submitted for review:

a.

A legal description of the property under consideration.

b.

A general development plan with at least the following details shown to scale and dimensioned:

1.

Date, north point and scale.

2.

Location of each existing and each proposed structure in the development area, the use or uses to be contained therein, the number of stories, gross building areas, distances between structures and lot lines, setback lines, and approximate location of vehicular entrances and loading points.

3.

All streets, driveways, easements, service aisles and parking areas, including general layout and design of parking lot spaces.

4.

All pedestrian walks, malls and open areas for parks and recreation.

5.

Location and height of all walls, fences and screen planting, including a general plan for the landscaping of the development.

6.

Types of surfacing, such as paving, turfing or gravel, to be used at the various locations.

7.

A grading plan of the area.

8.

The location of all existing and proposed structures within 100 feet of the subject property.

9.

The names and addresses of the architect, planner, designer or engineer responsible for the preparation of the site plan.

c.

Plans and elevations of one or more structures, indicating proposed architecture and construction standards.

d.

Such other information as may be required by the city to assist in the consideration of the proposed development.

(5)

In order that buildings, open space and landscaping will be in harmony with other structures and improvements in the area, and to assure that no undesirable health, safety, noise and traffic conditions will result from the development, the planning commission shall determine whether the site plan meets the following criteria, unless the planning commission determines that one or more of such criteria are inapplicable:

a.

The vehicular transportation system shall provide for circulation throughout the site and for efficient ingress and egress to all parts of the site by fire and safety equipment.

b.

Pedestrian walkways shall be provided as deemed necessary by the planning commission for separating pedestrian and vehicular traffic.

c.

There shall be satisfactory and harmonious relationships between the development on the site and the existing and prospective development of contiguous land and adjacent neighborhoods.

d.

The site plan shall comply with the district requirements for minimum floor space, height of building, lot size, yard space, density and all other requirements as set forth in this chapter.

e.

Landscaping, fences and walks shall be provided as deemed necessary by the planning commission in pursuit of the objectives of compatible and harmonious relationships with adjoining properties and the general public.

f.

The site plan shall provide for adequate storage space for the use therein.

(6)

The site plan shall be reviewed by the planning commission with a recommendation to city council for approval, disapproval, or approval with any conditions the planning commission feels should be imposed. The city council may review the site plan or accept the recommendations of the planning commission without review. If the city council fails to act on the recommendations of the planning commission within 30 days, the recommendations of the planning commission shall be considered final and conclusive as to both the planning commission and the city council.

(7)

Site plan approvals shall be effective for a period of one year. If a building permit is not obtained within the year and if construction is not begun within three months after the building permit is obtained, then the site plan approval shall expire.

(8)

The building permit may be revoked by the building inspector in any case where the conditions of the site plan as approved by the planning commission or city council have not been complied with.

(9)

Any desired changes to the approved site plan must be reviewed and approved under the same procedure as indicated in this section.

(10)

In instances where specific requirements of this chapter are not satisfied on the site plan, requests for variance may be initiated by the petitioner to the board of zoning appeals, subject to planning commission recommendation on the proposed variance.

(Ord. No. 442, § 4.24, 8-19-81)

The planning commission shall have the following specific powers and duties concerning special approval uses:

(1)

Purpose. In hearing and deciding upon special approvals, the planning commission shall base its actions on the theory that the development and execution of a comprehensive zoning ordinance is founded upon the division of the city into districts within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are variations in the nature of special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two categories:

a.

Uses either municipally operated or operated by publicly regulated utilities or uses traditionally affected with a public interest; and

b.

Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(2)

Authorization. The special approval of specific land uses and activities, as listed under sections 24-183, 24-203, 24-223, 24-248, 24-293, 24-318, 24-363 and 24-388 may be authorized by the planning commission, after a public hearing by the planning commission, provided that the planning commission deems that the requirements of this section and other applicable sections of this chapter have been satisfied.

(3)

Application. An application for special approval for a land use shall be filed in such form and accompanied by such information as shall be established from time to time by the planning commission. Any application for special approval shall be filed simultaneously with an application for site plan review for the subject use.

(4)

Public hearing notice of request for special approval. Notice of a request for special approval of a land use shall be given in compliance with Act 110 of the Public Acts of 2006 (MCL 125.3103); and as hereinafter amended.

(5)

Standards. No special approval shall be granted by the planning commission unless the special use:

a.

Will promote the use of land in a socially and economically desirable manner for those persons who will use the proposed land use or activity, for those landowners and residents who are adjacent, and for the city as a whole.

b.

Is necessary for the public convenience at that location.

c.

Is compatible with adjacent uses of land.

d.

Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected.

e.

Can be adequately served by public services and facilities without diminishing or adversely affecting public services and facilities to existing land uses in the area.

f.

Will not cause injury to the value of other property in the neighborhood in which it is to be located.

g.

Will protect the natural environment and help conserve natural resources and energy.

h.

Is within the provisions of uses requiring special approval as set forth in the various zoning districts herein, is in harmony with the purposes and conforms to the applicable regulations of the zoning district in which it is to be located, and meets applicable site plan review requirements.

i.

Is related to the valid exercise of the city's police power and purposes which are affected by the proposed use or activity.

(6)

Approval. Requests for special use approvals shall be reviewed by the planning commission with a recommendation to city council for approval, disapproval, or approval with any conditions the planning commission determines to be appropriate. The city council may review the special use application or accept the recommendation of the planning commission without review. If the city council fails to act on the recommendation of the planning commission within 30 days, the recommendation of the planning commission shall be considered final and conclusive as to both the planning commission and the city council.

(7)

Record. The conditions imposed with respect to the special approval of a land use shall be recorded in the record of the special approval action and remain unchanged except upon the mutual, consent of the city council and the landowner.

(Ord. No. 442, § 4.25, 8-19-81; Ord. No. 574, § 1, 8-6-97; Ord. No. 748, art. I, 3-3-10)

Where in this chapter there is delegated to the city council, board of zoning appeals or the planning commission the function of establishing certain physical site improvements as a contingency to securing a zoning amendment, special approval, or variance, the city council, board of zoning appeals or the planning commission may, to ensure strict compliance with any regulation contained or required as a condition of the issuance of a permit, require the permittee to furnish a cash deposit, certified check, irrevocable bank letter of credit, or surety bond to be deposited with the city clerk in an amount determined by the city council, board of zoning appeals or the planning commission, taking into account the size and scope of the proposed improvement project, current prevailing cost of rehabilitating the premises upon default of the operator, estimated expenses to compel operator to comply by court decree, and such other factors and conditions as might be relevant in determining the sum reasonable in the light of all facts and circumstances surrounding each application. The performance guarantee shall be deposited at the time of the issuance of the permit authorizing the activity or project. The city may not require the deposit of the performance guarantee before the date on which the city is prepared to issue the permit. The city shall establish procedures under which a rebate of any cash deposits in reasonable proportion to the ratio of work completed on the required improvements will be made as work progresses. This section shall not be applicable to improvements for which a cash deposit, certified check, irrevocable bank letter of credit, or surety bond has been deposited pursuant to Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq.), as amended.

(Ord. No. 442, § 4.26, 8-19-81)

A single-family dwelling may be located on any lot in any district in which single-family dwellings are permitted if the lot was in single ownership or included in a subdivision which was of record in the office of the registrar of deeds of the county, on August 19, 1981, even though the lot does not have the minimum lot width or the minimum lot area specified for the district, provided that the minimum yard requirements are satisfied and provided that such lot on August 19, 1981, did not adjoin land under the same ownership and available for use in connection with the lot.

(Ord. No. 442, § 4.61, 8-19-81)

(a)

No person as owner or tenant shall perform mechanical or body work on any truck, automobile, camper, travel trailer, boat, or other motor vehicle in a residential district except under the following conditions:

(1)

Work may be done only on a vehicle used by the property owner or tenant, or his immediate family, as family transportation.

(2)

The property owner or tenant must have proof of ownership available for inspection.

(3)

The vehicle being repaired must be currently licensed by the state.

(4)

No work shall be done between the hours of 11:00 p.m. and 7:00 a.m.

(b)

No unlicensed, inoperable, partially dismantled, wrecked, junked or discarded vehicle nor any of the parts thereof, shall be parked, stored, or placed in the open, for longer than 48 hours, on any premise in any residentially zoned area.

(c)

No recreation vehicle, including but not limited to special purpose automobiles, boats, floats, rafts, camping or travel trailers, motorized homes or detachable travel equipment adaptable to light duty trucks, but excluding bicycles, motor bikes and motorcycles, shall be stored or parked anywhere on the public street or utility right-of-way or easements. These provisions shall also apply to utility trailers or trailers used for display by demonstration purposes.

(d)

No recreation vehicle, excluding bicycles, motor bikes and motorcycles, may be kept or stored out of doors on any property in any residentially used area under this section for a period of longer than one week except in compliance with all of the following conditions:

(1)

The recreation vehicle must be owned, rented or leased by the owners or occupants of the property on which the same is stored and must be currently state licensed.

(2)

Not more than one recreation vehicle may be kept or stored outdoors at one time. Recreation vehicle size for recreation vehicles kept or stored outdoors may not exceed eight feet in width or 32 feet in length.

(3)

Storage of the same shall be in the rear yard only and, in addition, shall conform to the yard space requirements for accessory buildings in the zoning district wherein located. In instances where the building inspector determines that there is no access available to the rear yard, they may be located in the side yard.

(4)

Such uses so kept or stored shall be in good repair. Open storage of partially or disassembled component parts of such uses is prohibited.

(5)

The storage of such uses shall be in such a manner as not to be objectionable in appearance when viewed from streets and other properties in the same neighborhood and as not to be detrimental to the general appearance of the neighborhood area.

(6)

Such uses shall not be used for living, lodging or housekeeping purposes.

(Ord. No. 442, § 4.62, 8-19-81)

A vehicle exceeding one ton load capacity and not primarily intended for private passenger use may not be parked or stored outdoors in residential districts, except for loading or unloading. For purposes of this section, a bus shall be considered a commercial vehicle, except that a school bus is exempted from these provisions when parked or stored at a school.

(Ord. No. 442, § 4.63, 8-19-81)

No single-family residential structure shall be erected upon a lot with another single-family residential structure.

(Ord. No. 442, § 4.64, 8-19-81)

The use and occupancy of a mobile home for residential purposes is permitted only in the MHP district, subject to the terms and conditions therein, except that temporary occupancy of a mobile home for residential purposes is permitted in accordance with the requirements of this Code.

(Ord. No. 442, § 4.65, 8-19-81)

An existing dwelling, located wholly within the rear one-half of a lot, existing on August 19, 1981, and located in a residential district, may be continued, repaired or altered; provided, however, when the following repairs, or alterations are made, the house must be moved to the front of the lot and made to conform with the yard requirements of the zoning ordinance:

(1)

When the cost of an improvement of a building, by the addition of an approved foundation and/or part basement, exceeds 100 percent of its then city assessed value of the building.

(2)

When a full basement is placed under a house, which has no basement.

(3)

When alterations and extension of a building increase the existing floor space by 40 percent or more.

(4)

When a building is damaged in any way by more than 100 percent of its then city assessed value above the foundation of the building.

(Ord. No. 442, § 4.66, 8-19-81)

All one and two story family dwellings shall have a front porch or a landing. The porch or landings shall be constructed of brick, stone, concrete or a combination of such materials. Materials specifically prohibited for front porch construction are wood or a wood composite. If an homeowner requests the use of materials not specifically prohibited but not noted as an approved material in this subsection, said materials may be reviewed for approval by the planning commission. The planning commission may approve alternative materials only when it determines that such materials will:

(1)

Be in direct harmony with the intent and purpose of this section and will stand to further promote the uniform and qualitative visual environment of the city;

(2)

Meet all applicable requirements of the city's Building Code; and

(3)

Notwithstanding the above prohibition, the planning commission may approve wood or wood composite material for a porch on a home originally constructed with a wood porch where such porch construction will further promote the uniform and qualitative visual environment of the city.

(Ord. No. 739, art. I, 5-20-09)

No dwelling unit shall be erected in nonresidential districts. However, the sleeping quarters of a watchman or a caretaker may be permitted in such districts when accessory to the principal use of the property.

(Ord. No. 442, § 4.86, 8-19-81)

All nonresidential uses shall comply with the performance standards established by applicable federal, state, county and city laws.

(Ord. No. 442, § 4.87, 8-19-81)

Editor's note— Ord. No. 591, art. I(b), adopted Aug. 19, 1998, repealed § 24-163 in its entirety. Formerly, said section pertained to uses having serious objectional operational characteristics. See the Code Comparative Table.

Freestanding industrial and commercial mechanical appurtenances, such as blowers, ventilating fans and air-conditioning units, are permitted only in the rear yard, and provided that they are located no closer than 20 feet to surrounding properties.

(Ord. No. 442, § 4.89, 8-19-81)

(a)

Except where otherwise regulated in this section, the exterior building walls of a non-residential building and any related accessory building in a C1, C2 or PB1 district shall consist of the exterior building wall materials and/or combinations of materials expressly permitted in this section.

(b)

The exterior building walls of a non-residential building shall consist of the following materials or combinations thereof:

(1)

Face brick defined as follows: material consisting of kiln-baked clay or shale masonry units, the exterior dimensions of which shall not exceed 12 inches in length and three and one-quarter inches in height and the individual shape of which shall be rectangular in appearance.

(2)

Glazed kiln-baked clay or shale ceramic masonry units, or cut stone or field stone, when these materials are used on not more than 20 percent of the building as accent materials.

(3)

Precast concrete in a form and pattern which may consist of its natural color or which may be treated (impregnated, not painted) with earth tone colors may be utilized on not more than 20 percent of the building as accent materials.

(4)

Finished cementitious materials, including finished systems and stucco, which shall be treated (impregnated, not painted) with earth tone colors may be utilized on not more than 20 percent of the building as accent materials.

(5)

Metal materials, including standing, seamed or ribbed panels and stainless steel may be utilized on not more than 20 percent of the building as accent materials.

(Ord. No. 740, art. I, 6-3-09)

(a)

Variety/small box stores are prohibited unless the proposed use is located more than 2,500 feet from another variety/small box store.

(b)

If located at least 2,500 feet from another variety/small box store, use is permitted by conditional use permit only.

(c)

When reviewing a request for a conditional use permit (CUP) for a variety/small box store use, the city shall consider;

(1)

Whether the variety/small box store will likely have a detrimental impact on the development of grocery stores and other businesses that sell fresh and healthy food items in the area to be served by the proposed use.

(2)

The availability of healthy food options in the area of the proposed use, including the proximity of full service grocery stores within one half mile of the proposed use, and effect of the use on the retail food environment.

(3)

A CUP approved under this section must stipulate that a minimum of 15 percent of the floor area of the variety/small box store must be dedicated to fresh produce, meat, and dairy products.

(Ord. No. 775, 11-6-19)