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New Buffalo City Zoning Code

ARTICLE 4

Use Specific Standards

Section Z4-01 Residential use-specific standards.

A. 
Single-family detached dwellings and duplexes.
1. 
Duplexes shall be oriented with their primary entrances toward the designated front lot line.
2. 
Attached garages located on a front facade shall be set back as follows.
a. 
At least 20 feet from the front lot line; and
b. 
At least five feet behind the front facade of the principal building.
B. 
Multifamily, all units.
1. 
Parking location.
a. 
All off-street parking provided for multifamily uses with between two and eight dwelling units shall be located in the rear and/or interior side yard.
b. 
All off-street parking provided for multifamily uses with more than eight dwelling units shall be sited to minimize the visual impact from any right-of-way.
C. 
Residential, above ground floor retail use.
1. 
No commercial uses, including storage, shall be located on the same floor of the building as the dwelling unit.
2. 
Access to the upper-floor dwelling unit(s) shall be from outside of the building separate from any retail or nonresidential use.
D. 
Townhome.
1. 
The primary entrance to a townhome or rowhome shall face the front lot line unless otherwise approved.
2. 
Attached garages shall be located on rear or side facades unless otherwise approved.
3. 
The maximum width of a townhome cluster shall be 200 linear feet.
4. 
The maximum width of a rowhome cluster shall be 300 linear feet.

Section Z4-02 Residential services use-specific standards.

(Reserved)

Section Z4-03 Institutional and place of assembly use-specific standards.

A. 
Cemetery.
1. 
The minimum lot size for a cemetery shall be three acres.
2. 
All structures shall be set back at least 100 feet from any lot line.
3. 
Cemeteries shall comply with all applicable state and local laws and regulations.
B. 
Educational facility.
1. 
A minimum lot width of 200 feet shall be required. The front lot line shall abut a paved public street.
2. 
Athletic fields shall not be located closer than 100 feet to any lot line abutting a residential district.
C. 
Place of assembly, commercial and non-commercial.
1. 
The operating hours of place of assembly uses located outdoors shall be limited to between 7:00 am and 10:00 pm.
2. 
The location of entrances, exits, exterior lighting, speakers, service areas, and parking and loading facilities shall be designed to minimize traffic congestion and hazards to pedestrians and adverse impacts on adjoining properties.

Section Z4-04 Lodging use-specific standards.

A. 
Campground.
1. 
One hundred square feet of recreation area shall be provided per campsite.
2. 
All public utilities shall be placed underground.
3. 
Every campground shall provide at least one sanitary garbage pickup area on the site.
4. 
All campgrounds shall have direct access to an arterial street; however, no direct access to an individual site shall be permitted from a public street.
B. 
Bed-and-breakfast establishments.
1. 
The establishment shall be located on property with direct access to a public street.
2. 
A residence must contain a minimum of 2,400 square feet of living space to qualify for conversion to a bed-and-breakfast.
3. 
Such uses shall only be established in a single-family detached dwelling.
4. 
Parking shall be located to minimize negative impacts on adjacent properties.
5. 
The number of guest rooms in the establishment shall not exceed three. One additional guest room is allowed for each 3,000 square feet or fraction thereof by which the lot area of the use exceeds 12,600 square feet, not to exceed six guest rooms in any case.
6. 
Exterior refuse storage facilities beyond what might normally be expected for a single-family detached dwelling shall be prohibited.
7. 
The establishment shall contain the principal residence of the operator.
8. 
Accessory retail or service uses to a bed-and-breakfast establishment shall be prohibited, including but not limited to gift shops, antique shops, restaurants, bakeries, and similar uses.
9. 
Meals shall be served only to the operator's family, employees, and overnight guests.
10. 
The maximum stay for any occupant, excluding the owner, shall not exceed 30 days in any twelve-month period. A guest register shall be maintained by the proprietors and shall be made available to the City for inspection upon request.
11. 
No exterior evidence that the facility is a bed-and-breakfast shall be permitted, other than one nonilluminated sign attached flat against the building or placed in the front yard, not to exceed six square feet and no higher than six feet above the ground, if freestanding.
12. 
No guest parking shall be permitted in the front yard and no parking area shall be lighted, except for a residential porch light.

Section Z4-05 Retail use-specific standards.

A. 
Adult uses.
1. 
The lot or parcel on which the use is located shall not be closer than 1,000 feet to any residential use or zoning district, school, church, or park, measured from the lot line.
2. 
The use is not located within a 1,000-foot radius of two other such uses, measured from lot line to lot line.
3. 
No adult use shall remain open at any time between the hours of 11:00 pm and 10:00 am and no such use shall be open on Sundays.
4. 
No alcohol shall be served at any adult use.
5. 
No adult use shall permit any person under the age of 18 years to enter the premises. Signs shall be conspicuously posted that such minors are not allowed.
6. 
All parking areas and the building shall be well lighted to ensure the safety and security of patrons. These areas shall remain lighted for one hour after closing each night.
B. 
Nursery retail.
1. 
The overall area of any outdoor sales accessory use shall not exceed the area of the principal enclosed building.

Section Z4-06 Service use-specific standards.

A. 
Animal boarding facility/kennel and/or veterinary service.
1. 
The use shall be conducted primarily within a fully enclosed building.
2. 
All litter and waste shall be contained and controlled on site by having appropriate flushing drains and other physical elements to properly dispose of cleaning waste from the boarding area.
3. 
Drainage from outdoor areas shall be directed to gravel, grassed, or other planted areas in a manner that prevents direct discharge to storm drain inlets and surface waters.
4. 
Outdoor areas shall be setback at least 150 feet from any lot line adjoining a residential property. All outdoor areas shall be screened with a solid opaque fence or wall at least six feet in height.
5. 
Solid waste will be removed from the outdoor area after each use of the area.
6. 
Use of outdoor areas between the hours of 10:00 pm and 7:00 am is prohibited.

Section Z4-07 Eating and drinking use-specific standards.

A. 
Food truck court.
1. 
The maximum number of food trucks allowed on site shall depend on the size of the lot and the site's ability to provide required electrical access and parking. Site plans shall be provided to the City for review before permitting.
2. 
A minimum of 10 feet of clearance shall be provided between all individual food trucks.
3. 
The area for a food truck court shall be clearly defined and separated from all patron parking with an enclosure. Any use of fencing or planters to separate the food truck park from parking shall provide visibility into the site and shall not exceed four feet in height.
4. 
Food truck courts are encouraged to create an inviting and attractive aesthetic environment and shall include seating and shade elements.
5. 
Any food truck court shall not be located less than 1,500 feet from any other food truck court, as measured from the facility's property line.
6. 
Hours of operation for a food truck court shall be as recommended by the Planning Commission and approved by City Council through the special use permit as deemed appropriate due to the site's location within the City, adjacent land uses, or other factors determined by the Planning Commission.
7. 
A minimum of one trash receptacle and one recycling receptacle shall be provided per food truck. The food truck court shall also provide a commercial dumpster outside of the designated patron area for waste disposal. The dumpster shall be screened in accordance with Section 5-04(A).

Section Z4-08 Vehicle-related use-specific standards.

A. 
Auto, recreational vehicle, or watercraft sales/rental.
1. 
All outdoor display areas for sales, rental, and service shall be improved with all-weather surfaces.
2. 
Parking lots used for the outdoor display of motor vehicles for sale and/or rent shall be exempt from the landscape spacing requirements for the parking area perimeter zone, as detailed in Section Z5-03F and instead may cluster required landscape elements to preserve views to motor vehicles offered for sale and/or rent.
3. 
No vehicles shall be parked within the public right-of-way.
4. 
Repair bays shall not front adjacent public rights-of-way or face a parcel with a residential use or in a residential district.
5. 
No more than one elevated display shall be used, raising the vehicle no more than three feet off the ground.
6. 
Accessory uses and structures, such as car wash facilities and their incidental functions (vacuums and air compressors) shall be set back at least 50 feet from public rights-of-way or a residential use or district.
7. 
No existing buildings shall be occupied or re-used for vehicle sales, rental and service unless all requirements of this Ordinance are met. The use shall operate in accordance with all other applicable federal, state, and local laws. If additional permits are required, such permits shall be obtained prior to the operation's approval.
8. 
Drainage from outdoor storage and/or activity areas shall be directed to gravel, grassed, or other planted areas in a manner that prevents direct discharge to storm drain inlets and surface waters.
9. 
Measures for containment of potentially contaminated runoff from vehicle-related activities shall be incorporated into the site plan to ensure that contaminated runoff does not reach storm drains or surface waters.
B. 
Carwash.
1. 
Hours of operation shall be restricted to between 7:00 am and 10:00 pm.
2. 
All carwash facilities and accessory equipment such as vacuums, dryers, and accessory uses shall be enclosed within a building, except for self-service vacuum units.
3. 
If self-service vacuum facilities are provided, a minimum of one parking space for each vehicle capable of being serviced at any one time at such vacuum facility shall be provided.
4. 
Operations shall not create obstructions to traffic circulation on public streets.
5. 
Accessory equipment such as vacuum facilities shall be set back a minimum of 15 feet from all property lines.
6. 
All full-service or conveyor-based carwash facilities shall be equipped with a water recycling system that shall recycle a minimum of 50% of the water being used by the facility.
7. 
Drainage from outdoor storage and/or activity areas shall be directed to a catch basin with an oil separator.
C. 
Major automotive repair.
1. 
A Type C transition area, as detailed in Section Z5-03I, shall be required along lot lines adjacent to any parcel in a nonresidential or mixed-use district.
2. 
A Type D transition area, as detailed in Section Z5-03I, shall be required along lot lines adjacent to any parcel in a residential district.
3. 
All vehicle repair activities shall be within a completely enclosed building.
4. 
Service bay entrances shall not front a public right-of-way unless specifically approved.
5. 
Drainage from major automotive repair areas shall be directed to gravel, grassed, or other planted areas in a manner that prevents direct discharge to storm drain inlets and surface waters.
6. 
Measures for containment of potentially contaminated runoff from vehicle-related activities shall be incorporated into the site plan to ensure that contaminated runoff does not reach storm drains or surface waters.
D. 
Vehicle fuel sales.
1. 
A minimum lot area shall be 1/2 acre and minimum lot width of 150 feet shall be required.
2. 
Fuel pump canopies shall have a maximum height of 17 feet.
3. 
All fuel pump canopies shall be located a minimum of 20 feet from the property lines.
4. 
All fuel pumps shall be located a minimum of 25 feet from any residential district or residential use boundary line.
5. 
Fuel pump canopy columns shall be clad in masonry, stucco, fiber cement, or stone veneer systems with a minimum thickness of three inches, for a minimum of four feet from the base of the column.
6. 
All equipment and activities associated with vehicle service operations, except incidental uses such as air hoses, shall be kept within an enclosed building.
7. 
The storage of vehicle components and parts, trash, supplies, or equipment outside of a building is prohibited.
8. 
If retail sales of convenience goods are conducted on the premises, parking for the retail component on-site shall be computed separately from the vehicle fuel sales requirement.
9. 
Access driveways shall be located no less than 100 feet from the right-of-way line of any street or 75 feet from the nearest edge of any other driveway.
10. 
Fuel pump canopies shall be lit with only fully recessed lighting.
11. 
Drainage from outdoor storage and/or activity areas shall be directed to a catch basin with an oil separator.

Section Z4-09 Industrial use-specific standards.

A. 
Self-service storage facility.
1. 
Doors serving individual self-storage units accessed directly from the outside shall not be visible from any public right-of-way.
2. 
Lighting and security cameras shall be provided to ensure safe operations on the site.
3. 
Use limitations.
a. 
Storing hazardous or toxic materials is prohibited.
b. 
No self-storage space shall be used for residential occupancy, business sales or operation, the storage of commercial or industrial inventory or raw materials or the operation of machinery.
c. 
Outdoor storage and/or activity is prohibited.
B. 
Wireless communication towers.
1. 
The lot size shall be a minimum of 20,000 square feet.
2. 
The tower shall be of a monopole design.
3. 
The tower shall be set back from all lot lines a minimum distance equal to 1/2 the height of the tower. All other buildings and structures shall meet the minimum setback requirements of the zoning district.
4. 
A security fence at least six feet in height shall be constructed around the tower and supports.
5. 
Where possible, joint use of tower facilities, including City elevated storage tanks or other elevated structures, shall be required to minimize the number of separate towers and individual locations throughout the City. As a condition of approval, the applicant shall agree to permit future users to share the tower facility and shall demonstrate that it is not feasible to locate the proposed tower on public lands or co-locate on an existing tower.
6. 
Unless located on the same site or tower with another user, no new tower shall be erected within a one-half-mile radius of an existing radio, television, cellular, or wireless communications tower.
7. 
No signs, except warning or other cautionary signs, shall be permitted on the site.

Section Z4-10 Utility and transportation use-specific standards.

(Reserved)

Section Z4-11 Accessory use-specific standards.

A. 
Accessory retail.
1. 
The total area devoted to retail activity shall not exceed 25% of the total area of the building in which the accessory retail activity shall be located.
2. 
Restroom facilities, if provided, shall be directly accessible from the accessory retail sales area.
3. 
Accessory retail sales areas shall be physically separated from other activity areas by a wall.
B. 
Accessory dwelling unit.
1. 
Quantity. One detached, attached, or internal accessory dwelling unit shall be allowed per lot.
2. 
Location.
a. 
Accessory dwelling units located within a detached accessory structure shall be located within the buildable area of the lot and adhere to the lot coverage requirements for the governing district in Section Z3-01.
b. 
Attached or internal accessory dwellings shall comply with all regulations applicable to the principal building on the lot.
c. 
Architectural features that are structurally part of the accessory dwelling unit shall be allowed to encroach subject to the regulations of Section Z3-03.
3. 
Dimensions.
a. 
The minimum size of an accessory dwelling unit shall be 220 square feet.
b. 
The maximum size of the internal accessory dwelling shall be 25% of the floor area of the principal building.
c. 
Accessory dwelling units located within a detached garage shall comply with the size and dimensional standards for detached accessory structures in Section Z4-11D.
4. 
Access. The principal dwelling and accessory dwelling shall be served by a common driveway.
5. 
Design. The accessory dwelling shall have architectural features and exterior materials compatible with the principal building. Accessory dwelling units shall go before the Planning Commission for review and final approval, approval with conditions, or denial.
6. 
Off-street parking. Off-street parking for the accessory dwelling unit may or may not be required by the Planning Commission. The Planning Commission shall consider site conditions, location and context to determine the need for off-street parking to serve the accessory dwelling unit.
7. 
Use. No accessory dwelling unit shall be used as a short-term rental as defined in this Ordinance.
8. 
Special use permit application. An applicant for a special use permit as detailed in Article 11 for an accessory dwelling unit shall also provide an explanation regarding the intent for the unit and how it will be used.
9. 
Ownership. An accessory dwelling must be kept in common ownership with the principal dwelling on the property.
C. 
Accessory structure, ground-mounted.
1. 
General requirements.
a. 
No accessory structure shall be constructed on a site without a principal building.
b. 
Attached accessory structures shall be made structurally a part of the principal building and shall conform to the dimensional standards of the district in which the structure is located.
c. 
Location. Detached accessory structures shall be permitted only in the side or rear yard and not over an easement.
2. 
Detached accessory structures - residential districts.
a. 
Setback. Accessory structures shall be set back a minimum of:
[1] 
Two feet from a side or rear property line;
[2] 
Ten feet from the primary structure; and
[3] 
Six feet from a lot line abutting an alley.
b. 
Number of buildings. Up to two accessory structures shall be permitted; however, their combined area shall not exceed the maximum permitted area for detached accessory buildings. A swimming pool shall be permitted in addition to any detached accessory structure located on a lot or parcel.
[1] 
Maximum permitted area.
[a] 
Lots of 10,000 square feet in area or less: 960 square feet shall be permitted.
[b] 
Lots greater than 10,000 square feet in area, up to one acre: 1,500 square feet shall be permitted.
[c] 
Lots greater than one acre: 2,000 square feet shall be permitted.
[2] 
Maximum rear yard coverage. Detached accessory structures shall not cover more than 40% of the rear yard area.
[3] 
Permitted height. No detached accessory building shall exceed a height of 22 feet.
c. 
Detached accessory structures - nonresidential and mixed-use districts.
[1] 
Detached accessory buildings having 1,000 square feet of area or more shall be approved through the site plan review process.
[2] 
Detached accessory buildings of less than 1,000 square feet may be approved through a zoning permit.
[3] 
Detached accessory structures in nonresidential or mixed-use districts shall be set back six feet from all side and rear lot lines.
[4] 
Accessory structures in nonresidential districts shall have a maximum area of 1,200 square feet or 75% of the gross floor area of the primary building, whichever is more.
3. 
Carports.
a. 
A carport shall shelter not more than three vehicles and shall not exceed 24 feet on its longest dimension.
b. 
Carports shall be used for motor vehicle parking only. The storage of a boat or other watercraft under a carport shall be prohibited.
c. 
Carports must be constructed out of durable materials, match the architecture of the primary structure, and be built on a permanent foundation.
d. 
Carports must meet all setback and other applicable requirements of the governing zoning district.
e. 
Carports are permitted in the rear and interior or exterior side yards only and shall not be constructed or installed in a front yard.
4. 
Swimming pools.
a. 
Every swimming pool, spa, hot tub, or similar device that contains 24 inches or more of water in depth at any point, shall provide a fence or enclosure surrounding the device as follows, unless specifically exempted under the Michigan Building Code.
[1] 
Such side walls, fence, or enclosure, including the gates, shall not be less than four feet or greater than six feet above grade.
[2] 
All gates shall be self-latching with latches placed no less than four feet above grade or otherwise made inaccessible from the outside to small children.
b. 
Swimming pools shall be located at least 10 feet from any interior side or rear lot line, which are the only yards where they are permitted.
c. 
No pool, spa, hot tub, or similar device regulated by this section shall be constructed, installed, enlarged, or altered until a permit has been obtained from the Zoning Administrator.
D. 
Accessory structure, rooftop.
1. 
Rooftop accessory structures may be located on a principal building only.
2. 
Rooftop accessory structures may exceed the building height maximum by no more than 15 feet.
3. 
Rooftop accessory structures shall be set back a minimum of 10 feet from any building facade.
4. 
The rooftop accessory structure may have an area of up to 15% of the area of the roof to which it is affixed only.
5. 
The roof shall contain sufficient space for future necessary operational installations such as mechanical equipment.
E. 
Donation drop box.
1. 
Donation drop boxes shall be on properties that contain a legally existing and operating use.
2. 
No more than two donation drop boxes shall be permitted on a lot.
3. 
Each donation drop box shall not exceed seven feet in height and 25 square feet in ground area.
4. 
Donation drop boxes shall only be located in exterior or interior side or rear yard setbacks.
5. 
Donation drop boxes shall be located on an asphalt or concrete paved surface.
6. 
Donation drop boxes shall not locate in a driveway or drive aisle and shall not reduce the width of paved clear space for the passage of pedestrians to less than five feet. Boxes shall not locate in such a way as to disrupt the flow of vehicular or pedestrian traffic.
7. 
Donation drop boxes shall not be located nearer than 40 feet from an adjoining lot in a residential district or with a residential use.
8. 
Donation drop boxes shall be located to the side or rear of the primary facade of the building.
9. 
A notice must be permanently affixed to each donation drop box in a highly visible location prohibiting the placement of items outside of the box. The name and twenty-four-hour telephone number of the owner/operator must be permanently affixed to each donation drop box.
F. 
Drive-throughs.
1. 
Any structural element of a drive-through, including pavement, speaker boxes, or menu boards shall be located at least 500 feet from the parcel boundary of a residentially zoned parcel or with a residential use, unless otherwise approved through the special use permit process.
2. 
Parking areas shall have a front yard setback of 20 feet and side and rear yard setbacks of 10 feet unless a greater setback is required by this section. Access driveways shall be located no less than 100 feet from the right-of-way line of any street or 75 feet from the nearest edge of any other driveway.
3. 
Speakers shall be oriented away from adjoining residentially-zoned parcels or residential uses to minimize the potential nuisance effects of sound transmission and shall not be audible beyond the boundaries of the parcel.
4. 
Stacking spaces and lanes for drive through stations shall not impede on- and off-street traffic movement, shall not cross off-street parking areas or drive aisles and shall not impede pedestrian access to a public building entrance.
5. 
Drive-through lanes shall be separated from off-street parking areas. Individual lanes shall be striped, marked, or otherwise delineated.
6. 
The hours of operation for a drive through adjoining a parcel with residential zoning or use shall be limited to between 7:00 am and 11:00 pm daily.
7. 
Drive-through facilities shall be provided with a bypass lane with a minimum width of 10 feet.
8. 
Stacking lanes shall have a minimum depth of 20 feet per stacking space and the following minimum lane widths:
a. 
One lane: 12 feet.
b. 
Two or more lanes: 10 feet per lane.
9. 
Drive-through facilities shall be required to provide a minimum number of stacking spaces as detailed in Table Z4-11H(9).
Table Z4-11H(9): Drive-Through Stacking Requirements
Use
Minimum Stack
Measure From
Automated teller machine
3 per machine
Teller machine
Bank teller lane
2 per lane
Teller or window
Restaurant
6 per order box
Order box (1)
Carwash stall, automatic
5 per stall
Stall entrance
Carwash stall, manual
3 per stall
Stall entrance
Oil change shop
3 per service bay
Service bay entrance
Pharmacy
4 per lane
Machine or window
Notes:
(1) Four of the required stacking spaces shall be located between the order box and pick-up
G. 
Electric vehicle charging stations.
1. 
Equipment.
a. 
Electric vehicle charging stations that are accessory to all mixed-use, multifamily, and nonresidential uses shall be a level 2 charging capacity.
b. 
Electric vehicle charging station equipment shall be protected by a wheel stop, curb, or bollards.
c. 
In parking lot applications, all connections of the charging station to electrical utility equipment shall be underground.
d. 
All electric vehicle charging station equipment shall comply with the National Fire Protection Association/National Electrical Code and be approved by the Underwriters Laboratory.
e. 
All equipment should be made of low-maintenance, durable materials and shall be vandal-proof to the extent possible.
f. 
All equipment shall provide a cord management system that minimizes tripping hazards for pedestrians. Charging cords may not cross sidewalks, walkways, or driveways.
2. 
Design considerations.
a. 
Electric vehicle charging station equipment shall be located in a manner that will not obstruct pedestrian walkways. A minimum of three feet of clear area shall be maintained.
b. 
Electric vehicle charging stations shall be located to optimize ease of use for all potential users.
c. 
Electric vehicle charging station shall provide a safe and clearly delineated area for maneuvering around the vehicle for connecting to the equipment.
d. 
A sign indicating that the electric vehicle parking is for use while charging only shall be provided.
e. 
All charging stations shall be illuminated. Lighting shall comply with the limitations in Section Z5.08.
3. 
Electrical equipment siting and screening.
a. 
Electric vehicle charging stations shall be located to minimize the distance to electrical supply equipment.
b. 
When locating the electrical supply equipment blind spots and visibility obstructions for drivers and pedestrians shall be considered.
c. 
To the extent practical, electrical supply equipment shall be screened by walls, fences, landscaping, or a combination thereof to be effective year-round.
4. 
Accessibility. A minimum of one accessible charging station is required with any installation of electric vehicle charging stations. The accessible charging station shall provide equipment, reach, clear area, route, and other applicable building blocks to comply with the current 2015 Michigan Building Code and federal accessibility recommendations.
5. 
Maintenance.
a. 
The owner of a property on which electric vehicle charging stations are located is responsible for ensuring that the equipment is intact and will not pose a hazard to any visitors to the property. This shall include ensuring that cords are hung to prevent tripping hazards.
b. 
All electric vehicle charging station equipment shall be maintained to working condition. Equipment that is no longer functional must be decommissioned within 60 days.
H. 
Home occupations.
1. 
Home occupations shall be conducted entirely within the primary residential structure or within a detached accessory building on the same lot as the dwelling;
2. 
A home occupation shall not alter the exterior appearance of the principal residential structure or change the site's residential character.
3. 
The maximum area devoted to the home occupation shall not exceed 20% of the finished floor area of the dwelling.
4. 
Home occupations shall not require more than four client trips or deliveries to the dwelling in any eight-hour period.
5. 
Home occupations shall not require any regular deliveries by semi-trucks.
6. 
Home occupations shall not involve any equipment or operations which create noise, vibration, odors, or other nuisance conditions beyond the lot lines of parcel.
7. 
Home occupations shall not involve any outdoor storage or retailing of supplies, equipment, goods, or merchandise.
8. 
Home occupations shall not involve the storage or use of explosive materials.
9. 
Home occupations shall not employ any individual not residing on-site.
10. 
Home occupations shall not involve any commercial vehicles other than vans or pickups of less than 21 feet in length.
11. 
Signage shall be limited to one sign not more than two square feet in area, to be mounted flat to the residential dwelling, and nonilluminated.
12. 
The following occupations shall be prohibited as home occupations:
a. 
Autobody repair;
b. 
Motor vehicle service;
c. 
Small engine and equipment repair;
d. 
Animal training, breeding, and boarding;
e. 
Landscape contracting;
f. 
Pickers/junkers.
I. 
Keeping of animals.
1. 
The keeping of household pets, including dogs, cats, fish, birds, hamsters, and other animals generally regarded as household pets is permitted as an accessory use in any residential district.
2. 
The keeping of animals not normally considered household pets, including, but not limited to, horses, pigs, sheep, cattle, and poultry is prohibited in all zoning districts.
3. 
Any area where such permitted animals are kept shall be maintained in a safe and sanitary condition.
J. 
Outdoor activity/operation/storage.
1. 
All outdoor storage shall be located in the rear yard only.
2. 
All outdoor storage yards shall be paved or provided with a durable, dustless surface approved by the Planning Commission.
3. 
All outdoor storage shall be enclosed with a solid wall six feet in height consisting of similar materials as the principal building's exterior.
4. 
Screening of outdoor storage yards shall be provided with a Type B Transition yard as specified in Section Z5-03I and shall be located in front of the required screening wall.
5. 
No flammable or explosive liquids, solids, or gases shall be stored in bulk above ground.
K. 
Outdoor dining.
1. 
The outdoor dining area shall be located on an approved hard paved surface.
2. 
Outdoor dining areas may utilize a maximum area equal to maximum of 20% of the parking spaces required for the operation of the principal use or 2,000 square feet, whichever is less.
3. 
Outdoor dining areas shall not block a pedestrian walkway or public sidewalk in a manner which reduces the width of that walkway or sidewalk to less than five feet.
4. 
The outdoor dining area shall be at least 30 feet from a lot in a residential district or with a residential use.
5. 
A fence, landscape hedge, or wall with a height of four feet shall be utilized to segregate the outdoor dining area.
6. 
Use of outdoor dining areas shall be limited to the posted operational hours of the associated eating and drinking use.
L. 
Outdoor display/sale of merchandise, permanent.
1. 
Only goods associated with the principal use of the lot may be displayed or sold on-site.
2. 
The area used for outdoor display and sale of merchandise shall be limited to 10% of the gross floor area of the principal building.
3. 
The lot area used for parking, display, or storage shall be paved or surfaced with a durable, dustless surface approved by the Planning Commission and shall be graded and drained to dispose of all surface water.
4. 
Access driveways shall be located no less than 100 feet from the right-of-way line of any street or 75 feet from the nearest edge of any other driveway.
5. 
Any display materials or equipment shall not extend into any required yard or occupy any required parking or maneuvering areas for vehicles.
M. 
Solar energy collection system, canopy.
1. 
Canopy solar energy collection systems are permitted over any parking area.
2. 
The height of canopy solar energy collection systems shall not exceed the height of the primary building that the parking area serves.
3. 
The minimum height of solar energy collection systems shall allow clearance for emergency and service vehicles.
N. 
Solar energy collection system, ground-mounted.
1. 
Ground-mounted solar energy collection systems shall be permitted in the rear yard setback only.
2. 
The maximum height of ground-mounted solar energy collection systems shall be five feet in height, measured from the grade at the base of the pole to the highest edge of the system.
3. 
Minimum clearance between the lowest point of the system and the surface on which the system is mounted shall be 12 inches.
4. 
Ground-mounted solar energy collection systems shall be exempt from the lot coverage limits if the ground directly under the solar panel is planted with native plantings and groundcover.
5. 
All parts of the freestanding system shall be set back five feet from the side and rear lot lines and shall not be located in a public utility easement.
O. 
Solar energy collection system, roof-mounted.
1. 
Roof-mounted solar energy collection systems may be located on any roof face of principal or accessory buildings. Systems should be flush mounted when possible.
2. 
Systems on residential structures shall not extend beyond 12 inches parallel to the roof surface of a pitched roof or flat roof.
3. 
Systems on nonresidential structures shall not extend beyond 36 inches parallel to the roof surface of a pitched roof or flat roof.
4. 
Systems on all structures shall not extend above the highest peak of a pitched roof.
5. 
Height is measured from the roof surface on which the system is mounted to the highest edge of the system.
6. 
All materials used for racking, mounts, mounting clamps, and flashings shall be of a color consistent with the color of the roof surface to minimize visibility.

Section Z4-12 Temporary use-specific standards.

A. 
Construction-related.
1. 
Mobile offices, tool sheds, storage trailers, and other construction-related buildings shall be permitted during the time of actual construction provided they are located pursuant to the location requirements for accessory structures in Section Z4-11C and comply with the County Health Department Sanitary Code.
2. 
Construction related structures shall be removed within 12 working days after the completion or abandonment of construction work on the property.
B. 
Food trucks.
1. 
Food trucks shall locate solely on a space paved with hard-surfaced pavement.
2. 
At least one trash and one recycling receptacle shall be provided for the general public in the vicinity of the food truck. All litter and debris must be removed from site within 48 hours after use.
3. 
Food trucks and any associated seating or tables shall maintain a minimum ten-foot setback from all driveways, public sidewalks, utility boxes and vaults, ramps for barrier-free access, building entrances, and exits or emergency access ways.
4. 
Food trucks may only be located within any required side or rear yard.
5. 
Food trucks shall not occupy or obstruct the use of any off-street parking required in Section Z5-01, landscaped area required in Section Z5-03, or create a traffic or safety hazard as determined by the Zoning Administrator.
6. 
Permanent connections to water and sanitary sewer mains shall be prohibited.
7. 
Electrical service may be provided only by a temporary service or other connection provided by an electric utility, or by an on-board generator, subject to compliance with all other codes and ordinances.
8. 
Hours of operation for a food truck shall be as recommended by the Planning Commission and approved by City Council through the special use permit as deemed appropriate due to the site's location within the City, adjacent land uses, or other factors determined by the Planning Commission.
9. 
When not in operation, a food cart or truck shall be stored off-site.
C. 
Outdoor display/sale of merchandise, temporary.
1. 
Only goods associated with the principal use of the lot may be displayed or sold on-site.
2. 
The maximum duration of outdoor display or sale of merchandise shall be 90 days per calendar year.
3. 
The lot area used for parking, display, or storage shall be paved or surfaced with a durable, dustless surface approved by the Planning Commission and shall be graded and drained to dispose of all surface water.
4. 
Any display materials or equipment shall not extend into any required yard or occupy any required parking area.
D. 
Portable temporary storage container.
1. 
Only one portable temporary storage container may be located on a lot at a time.
2. 
No portion of any container may extend onto the public right-of-way, including but not limited to sidewalks, parkways, streets, or alleys.
3. 
The portable temporary storage container shall not exceed eight feet in width, 12 feet in length, eight feet in height, and 768 cubic feet.
4. 
The portable temporary storage container must be located on an impervious surface.
5. 
Placement of a portable temporary storage container shall be limited to 30 days per calendar year.
6. 
Every portable temporary storage container must be locked and secured when not being loaded or unloaded.
E. 
Seasonal sales.
1. 
Seasonal sales shall be permitted for a period not to exceed 90 days per calendar year, unless otherwise approved.
2. 
Seasonal sales areas may use a maximum of 20% of the parking spaces required for the operation of the principal use or 2,000 square feet, whichever is less.
3. 
Seasonal sales areas shall not block pedestrian walkways in a manner which reduces the width of that walkway to less than five feet.