(a)

The establishment of regulations of land use activities in the city ranges from general provisions in article IV of this chapter which apply to all land in the city; to general environmental provisions in article V of this chapter, regulating the extent of use and development in certain areas which are environmentally sensitive to the zoned districts; and article III, regulating the types of uses to be made of land in various districts of the city.

(b)

Article III, division 19, of this chapter imposes certain minimum open space, setback, building size and acreage requirements before land use may be used for the purposes allowed (principal uses) or permitted (special uses permitted).

(c)

This article (VIII) singles out certain land uses which can cause complaints from adjacent landowners, or are designed to protect the long-range development interests of the city by imposing these conditions on specific land uses, some of which can be found in several use districts. Where a land use is generally found in only one district, the conditions of use and site development for those uses will be specified in those districts.

(d)

Rather than repeating the conditions each time the specific use is mentioned either as a principal or permitted use, this article has accumulated specific conditions which must be followed, whether the use is a principal or permitted use. In addition, these regulations are also designed for implementation in site plans where site plan review is necessary by the planning commission. They are mandatory, and will be in addition to discretionary decisions to be made by any agency of the city in carrying out the duties imposed on the agency in carrying out the requirements of this chapter.

(e)

Some regulations in this article are designed to be minimum development regulations, while others are intended to be conditions governing future conduct of the activities on the land being used for a specified purpose. These regulations are in addition to other general, environmental, or district regulations.

(f)

Where any provision herein conflicts with any dimensional requirement of section 48-773, the specific provision contained herein shall apply.

(g)

Due to the fact that the PUD, SUD and the PURD will not be duplicated in other districts, and due to the special nature of their optional uses, their general conditions shall be treated separately. However, where a specific land use regulated by this article is included in a proposed plan in one of the above special use districts, then both sets of conditions shall apply.

(Ord. No. 369, § 15.680(10.100), 6-26-1981)

The following conditions shall apply to animal hospitals and clinics:

(1)

No animal hospital or clinic may be located adjacent to a residential lot on any side.

(2)

No animal may be left outside between 9:00 p.m. and 7:00 a.m.

(3)

All pens must be a minimum of 150 feet from any adjacent property line.

(4)

Waste material may not be disposed of on the premises unless the parcel is five acres minimum, and such method of handling and disposal shall not cause a threat of polluting the undergroundwater table, or create a nuisance caused by odor, runoff, or like acts.

(Ord. No. 369, § 15.690(10.102), 6-26-1981)

It is the intent of this section to provide standards for automotive service body shops and commercial garages. Generally, the auto service body shops and garages will be located near high volume arterial highways.

(1)

Uses included. The following uses may be permitted in conjunction with automotive service body shops and commercial garages:

a.

Automobile towing, including parking of a wrecker and inoperative vehicles waiting for immediate repair;

b.

Parking and storage of inoperative vehicles, providing that such parking or storage shall be within an enclosed building or shall be screened by an opaque fence not less than six feet in height and in no case shall the material stored exceed the height of the screen or be visible from any roadway; and

c.

Major automobile repair.

(2)

Site development.

a.

There shall be 300 square feet of site area for each space intended for storage of inoperable vehicles.

b.

The minimum site width shall be 200 feet, with a minimum site area of 20,000 square feet.

c.

Commercial garages shall have an additional 1,000 square feet of site area for each additional service bay over two. There shall also be 300 square feet of additional site area for each space intended for storage of inoperable vehicles.

d.

All equipment including automobile washing, dismantling, repairing equipment and body or mechanical repair shall be entirely enclosed within a building. Any portion of a building containing an auto body shop or washing areas shall consist of a solid exterior masonry wall or equivalent, approved by the building and zoning administrator with no openings other than those required for access. There shall be no outdoor storage of merchandise such as tires, lubricants and other accessory equipment except that outdoor trash storage may be provided in a properly screened container.

e.

All vehicles upon which work is performed shall be located entirely within a building.

f.

No automobile which is left for repair may remain on the premises longer than 30 days. Any inoperable automobile which is involved in a collision, and may not be repaired at that location, because of the nature or extent of repairs, may not be left on the premises for a period exceeding three days.

g.

The automobile service body shop or commercial garage shall provide one parking space for each person employed during any given period of the day. Each required parking space shall be no less than 200 square feet in area.

(Ord. No. 369, §§ 15.696(10.103(1)), 15.697(10.103(2)), 15.698(10.103(3)), 6-26-1981)

It is the intent of this section to provide standards for automobile engine repair facilities within C-2 classification.

(1)

Uses included. The following uses may be permitted in conjunction with automobile engine repair facilities: the general automotive repair, rebuilding or reconditioning of engines, not to include body work.

(2)

Site development standards. The uses listed in subsection (1) of this section shall comply with the following site development standards:

a.

All repairing equipment shall be entirely enclosed within a building. There shall be no outdoor storage of new merchandise or used parts and outdoor trash storage must be provided in a properly screened container.

b.

All vehicles upon which work is being performed shall be located entirely within a building.

c.

In addition to the parking required by section 48-1266, one paved parking space shall be provided for each person employed at the facility during any given period of the day.

(Ord. No. 493, §§ 15.699.1(10.103(a)(1)), 15.699.2(10.103(a)(2)), 15.699.3(10.103(a)(3)), 4-12-1991)

It is the intent of this section to provide standards for automobile service stations. Generally, automobile service stations will be located adjacent to arterial or collector streets and intended to serve residential neighborhoods.

(1)

Uses included. The following uses may be permitted in conjunction with automobile service stations:

a.

Retail sales of gasoline, oil and similar products;

b.

Automobile washing; and

c.

Automobile maintenance, including minor mechanical repairs.

(2)

Site development standards. The uses listed in subsection (1) of this section shall comply with the following site development standards:

a.

Gasoline service stations shall have 500 square feet of additional site area for each additional pump over four.

b.

All equipment including hydraulic hoist, pits and oil lubrication, greasing and automobile washing, and repairing equipment shall be entirely enclosed within a building. Any such portion of a building containing washing areas shall consist of a solid exterior masonry wall or equivalent, approved by the building and zoning administrator, with no openings other than those required for access. There shall be no outdoor storage of merchandise such as tires, lubricants and other accessory equipment except that outdoor trash storage may be provided in a properly screened container.

c.

All activities, except those required to be performed at the fuel pump, shall be carried on inside a building. All vehicles upon which work is performed shall be located entirely within a building.

d.

There shall be no aboveground tanks for the storage of gasoline, liquified petroleum gas, oil or other inflammable liquids or gas.

e.

The automobile service station shall provide one parking space for each person employed at the station during any given period of the day. Each required parking space shall be no less than 200 square feet in area. No outdoor storage or parking of vehicles other than those used by employees while on duty, will be permitted.

(Ord. No. 369, §§ 15.701(10.104(1)), 15.702(10.104(2)), 15.703(10.104(3)), 6-26-1981)

The following conditions shall apply to billiard parlors and game rooms:

(1)

Children under 16 years of age may not remain on the premises after 9:00 p.m.

(2)

No betting or gambling shall be allowed an the premises.

(3)

The above uses shall not be allowed adjacent to residential areas, other than AR-7 or AR-8.

(Ord. No. 369, § 15.705(10.105), 6-26-1981)

The following conditions shall apply to convalescent homes:

(1)

Adequate off-street parking to the side or rear of any building shall be provided for employees and guests.

(2)

No material of any kind may be stored on the exterior of the building.

(3)

An area of 1,000 square feet of yard space shall be provided for every available patient space.

(4)

The perimeter of the land upon which the home is located shall have a ten foot buffer strip with continuous screening bushes or plants which shall attain a minimum height of five feet, except as regulated by article XII of this chapter, relating to fences.

(5)

Outdoor yard facilities of a recreational nature shall be installed, such as shuffleboard or horseshoe pits.

(6)

The yard space shall be flat and maintained with grass.

(Ord. No. 369, § 15.715(10.107), 6-26-1981)

The following conditions shall apply to day care centers:

(1)

No more than ten children may be accommodated in any house located in a single-family residential area.

(2)

A separate room or rooms containing a minimum of 150 square feet per child must be available for use by the children.

(3)

Adequate driveway space to accommodate four cars must be available.

(4)

No employees may be hired in a day care center located in a residential neighborhood.

(5)

All other provisions pertaining to any home occupation applicable to a day care center shall be observed.

(Ord. No. 369, § 15.720(10.108), 6-26-1981)

It is the intent of this section to provide development regulations for drive-in restaurants, outdoor theatres, miniature golf, go-kart and amusement parks and other similar exterior commercial enterprises which potentially present particular problems in their relationships to adjacent uses and traffic patterns in which they are permitted. Drive-in restaurants, outdoor theatres, miniature golf, go-kart and amusement parks and other commercial uses shall comply with the following site development standards:

(1)

The minimum site size shall be one acre.

(2)

The minimum lot width at the building line shall be 200 feet.

(3)

The outdoor space used for parking shall be hard surfaced, dust-free and adequately drained.

(4)

All areas used for the storage of trash and rubbish shall be screened by a vertical screen consisting of structural or plant materials no less than six feet in height, with a view-obstructing door.

(5)

The management of drive-in restaurants, outdoor theatres, miniature golf, go-kart and amusement parks and other commercial establishments shall provide adequate trash and litter containers, and the policing for the parking lot and the shoulders of adjacent roadways. These areas shall be completely cleared of accumulated debris as often as necessary.

(6)

Exterior lighting shall be so installed that the surface of the source of light shall not be visible from any bedroom window, and so arranged as far as practical to reflect light away from any residential use, and in no case shall more than one foot candle power of light cross a lot line five feet above the ground into a residential district.

(Ord. No. 369, §§ 15.726(10.109(1)), 15.727(10.109(2)), 6-26-1981)

No junk, salvage or auto reduction yards shall be permitted in any district in the city.

(Ord. No. 369, § 15.740(10.112), 6-26-1981)

The following conditions shall apply to farms containing animals:

(1)

No barn may be located closer than 200 feet from the road right-of-way, or 150 feet from the nearest adjacent lot line.

(2)

No farming operations using equipment shall be allowed after 10:00 p.m. or before 6:00 a.m.

(3)

No refuse, offal or manure may be spread within 200 feet of any adjacent residential dwelling.

(4)

Farm animals shall be fenced or penned with materials sufficient to contain the animals. Any animals running at large shall be prima facie evidence that the enclosure was not sufficient.

(5)

No farm animal may be fenced or penned within 200 feet of any adjacent dwelling, or at any point closer than 150 feet of a road right-of-way unless in a pasture. A definable front, side or back yard shall not be considered a pasture.

(6)

Adjacent property owners may use a common fence, but where a property owner having a preexisting fence objects, the other property owner shall provide his own enclosure not closer than one foot from the other fence.

(Ord. No. 369, § 15.730(10.110), 6-26-1981; Ord. No. 653, 5-17-2002)

It is the intent of this section to provide standards for riding stables. The general intent is to permit such activities where the location, structures and trails will not cause significant environmental damage and adjoining properties and districts will not be adversely affected.

(1)

Roadways shall be adequate to service guests but no more extensive than is necessary and shall be maintained in a passable condition adequate for access of ingress, egress and on-site movement of emergency vehicles.

(2)

Water supply and wastewater disposal and treatment systems and facilities shall be approved by the county health department.

(3)

The location and improvement of the proposed trail system must be reasonably safe and not cause significant environmental damage.

(4)

The system for trail maintenance is capable of implementation and is maintained.

(5)

The proposed trail system will not unreasonably affect adjoining property.

(6)

The proposed plan for operating the trail system, including hours of the day for use, safety, emergency facilities, regulation and control of trails and off-trail areas, trail relationship to available toilet and waste disposal facilities, is found by the planning commission to be adequate for environmental protection, health, safety of trail users and the general community.

(7)

Assembly and rest areas shall include adequate parking areas, toilet facilities and solid waste containers and the planning commission may impose other limitations and requirements found necessary to fulfill the purposes of this chapter.

(Ord. No. 369, §§ 15.736(10.111(1)), 15.737(10.111(2)), 6-26-1981)

It is the intent of this section to provide development and operational regulations for kennels which potentially present particular problems to adjacent uses.

(1)

The structure and fenced in area which will house the kennelled animals shall be placed no closer than 150 feet from the front lot line and 100 feet from the rear and side lot lines, and no closer than 300 feet to any residence other than the owner's.

(2)

Adequate buffering measures shall be provided to reduce irritants to the sensory perceptions. The intensity level of sounds shall not exceed 55 decibels (dBA) at the common lot line when adjacent to residential uses and residential districts. The sound levels shall be measured with a type of audio output meter approved by the United States Bureau of Standards.

(Ord. No. 369, §§ 15.746(10.113(1)), 15.747(10.113(2)), 6-26-1981)

The following conditions shall apply to all uses found in the C-2 district (general retail):

(1)

Site and performance standards.

a.

All buildings shall front on an arterial collector street.

b.

Snow storage in parking lots shall not be placed to obstruct a clear vision for ingress or egress for a distance of less than 75 feet.

(2)

Site development requirements.

a.

Any setback, sign, buffer strip, parking and other applicable provisions of this chapter shall be observed.

b.

Lighting which causes glare to adjoining properties, to motorists, or is of a similar nature to traffic safety devices, or blinking or flashing shall be prohibited.

c.

Parking lots with more than 100 spaces shall install proper ingress and egress signs, and shall install a red-and-white-lettered "STOP" sign at exit driveways.

d.

Parking lots must be paved and be adequately drained.

e.

At least 50 percent of the floor area must be devoted to retail sales as opposed to wholesale sales or warehousing storage floor area requirements.

(Ord. No. 369, §§ 15.750(10.114), 15.751(10.114(1)), 15.752(10.114(2)), 6-26-1981)

The following conditions apply to all uses allowed in a neighborhood commercial (C-1):

(1)

All business, servicing or processing, except for off-street parking, shall be conducted within a completely enclosed building.

(2)

All business establishments shall be retail or service establishments dealing directly with customers. All goods produced on the premises shall be sold at retail on premises where produced.

(Ord. No. 369, §§ 15.755(10.115), 15.756(10.115(1)), 6-26-1981)

The following conditions shall apply to private parks/winter sports areas:

(1)

All improvements, buildings and structures shall be found by the planning commission to not pose any health or safety hazard nor to pose significant damage to the environment.

(2)

Proposed plans for the operation, use and maintenance of the property and facilities do not pose hazards, adversely affect adjoining properties and districts, nor adversely affect the environment.

(3)

Proposed plans adequately provide for water supply, wastewater treatment and disposal, solid waste disposal, fire and police protection.

(4)

No building, structure, parking area or other improvement shall be placed closer than 100 feet from adjoining public or private right-of-way, property lines or waterway.

(5)

When a trail system is proposed, a plan shall show the location of the trail system and include hours of the day or night use, safety and emergency facilities, regulation and control of trails and off-trail areas, trail relationship to available toilet and waste disposal facilities, and said plan must be found by the planning commission to be adequate for environmental protection, health and safety of trail users and the general community.

(6)

Assembly areas shall include adequate ingress and egress roads, parking areas, toilet facilities and solid waste containers.

(Ord. No. 369, §§ 15.760(10.116), 15.761(10.116(1)), 6-26-1981)

The following conditions shall apply to shooting ranges, gun clubs and skeet clubs:

(1)

Minimum lot area of 40 acres;

(2)

Minimum front, side and rear yards of 250 feet;

(3)

Hours of operation shall be 9:00 a.m. until 4:00 p.m.;

(4)

Separation from residential dwellings and districts; the shooting range shall not be closer than one-quarter mile from all dwellings, residentially zoned districts and farm animals; and

(5)

Rifle and pistol ranges shall have adequate backstops that meet the approval of the planning commission.

(Ord. No. 369, §§ 15.765(10.117), 15.766(10.117(1)), 6-26-1981)

It is the intent of this section to provide regulations for wholesaling establishments with indoor and outdoor storage and transportation terminals.

(1)

The outdoor space for parking and storage shall be hard surfaced and adequately drained.

(2)

All areas used for outdoor storage shall be screened by a vertical screen consisting of structural or plant materials no less than six feet in height.

(3)

The planning commission shall review all plans and reach decisions concerning the following:

a.

The size and character of the proposed use;

b.

The extent of traffic congestion or hazard which would be occasioned by the proposed use;

c.

The total effect of the proposed use on adjoining properties and the surrounding neighborhoods; and

d.

The frequency of use, hours of operation, parking requirements, ingress and egress, lighting and maintenance of any parking lots.

(Ord. No. 369, §§ 15.771(10.118(1), 15.772(10.118(2)), 6-26-1981)

(a)

Intent. It is the intent of this section to provide standards for two-family dwellings which may potentially present particular problems in their relationship to single-family residential uses.

(b)

Site development standards.

(1)

Two-family dwellings shall only be located on property zoned R-1 or R-2 single-family residential provided the property abuts on or across the street from a zoning district other than an R-1 through R-5 single-family residential district.

(2)

The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential property.

(3)

The structure will be so located on the lot as to provide adequate separation by distance from adjacent residential properties so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land.

(4)

If the site is located in an area where sanitary sewer is not available, then the site must be of sufficient size and width to provide on-site sewage disposal facilities that will not cause a potential health problem to adjacent property owners.

(5)

All two-family dwellings will be so constructed as to provide side-by-side dwellings with substantial first floor living areas for each individual dwelling.

(6)

The use, in the opinion of the planning commission and city council, is reasonably related to the overall needs of the community and to the existing land use.

(Ord. No. 369, § 15.775(10.119), 6-26-1981; Ord. No. 380, 5-14-1982)

(a)

Requirements. The city may require a development impact assessment, or traffic impact assessment or study, or market study of the potential impact of any development encompassing a total of five acres or more for site plan review. special land use review, or rezoning. The assessments will be in conformance with the requirements below and prepared by persons qualified by education and experience.

(b)

Development impact assessment.

(1)

A development impact assessment may be required to permit the city to determine the potential impact of the proposed development on:

a.

Municipal services (fire, police, sewer, water, library, roads, solid waste disposal and parks);

b.

Natural environment (soils, wildlife, vegetation, stormwater, air and water quality and natural watercourses); and

c.

Adjacent land uses (noise, property values and compatibility in bulk, height, design and open space).

(2)

The development impact assessment will contain information adequate to allow a determination as to the overall effect of the proposed development on the area affected by the proposed development and to the city as a whole. The community development director shall determine the level of detail and the elements required in the development impact assessment. The extent to which the development conforms with the city's master plan shall be considered in determining the necessity and elements of the development impact assessment.

(3)

The planning commission or city commission, upon review of the submitted development impact assessment, may require additional information it deems necessary to adequately assess the overall effect of the development.

(c)

Traffic impact assessment, traffic impact study.

(1)

The level of detail required for either a traffic impact assessment or study is based upon the expected amount of traffic to be generated by the proposed use, based on generally accepted traffic engineering sources such as the Michigan Handbook entitled "Evaluating Traffic Impact Studies."

(2)

A traffic impact assessment shall be required for projects expected to generate either between 50-99 directional trips during peak hour traffic or 500-750 directional trips during a typical day. The assessment shall evaluate current and future inbound and outbound traffic operations at site access points and shall support and describe proposed access design and other mitigation measures that will positively affect traffic operations at these points.

(3)

A traffic impact study shall be required for projects expected to generate either 100 or more directional trips in the peak hour or over 750 trips on an average day. The impact study shall evaluate current, background and future traffic operations at site access points and major signalized or non-signalized intersections in proximity to the site. The impact study must also describe and support proposed access design and other mitigation measures that will positively affect traffic operations at the site and nearby intersections. The traffic impact study must take into account the master plan in analyzing future traffic developments.

(d)

Market study.

(1)

When required by the community development director, planning commission or city council, an applicant shall detail and address the financial impact of a proposed special use, including but not limited to whether and how the proposed special use will now and in the reasonably foreseeable future:

a.

Impact the general objectives of the master plan as amended;

b.

Be operated and maintained so as to be harmonious and appropriate in appearance with existing or intended characters located in the general vicinity;

c.

Disturb existing or future neighboring uses;

d.

Create additional requirements at public cost for public facilities and services; and

e.

Be a detrimental impact to the economic welfare of the city.

(2)

The city may, at the applicants expense, chose to have the market study evaluated by a competent firm, person or corporation, so as to advise the city as to the appropriateness of the conclusions rendered in the market study.

(Ord. No. 653, § 15.780(10.120), 5-17-2002)

(a)

General requirements. The provisions of this section apply to cemeteries.

(1)

A detailed, scaled site plan addressing the following additional requirements must be submitted for review and approval by the planning commission and city council.

(2)

Cemeteries shall be located on unplatted land, on a site of at least 10 acres.

(3)

Notwithstanding the minimum lot area for any zone, there shall be not more than 1,500 plots per net acre (less walkways, driveways and buffers).

(4)

No crematoriums shall be permitted.

(b)

Access requirements.

(1)

All access shall be provided from a public or secondary thoroughfare, having a right-of-way of 66 feet or more. The entrance driveways must be constructed to city specifications and all interior roadways must be completed with a concrete or asphaltic surface with a minimum width of 20 feet.

(2)

Adequate off-street waiting space shall be provided for funeral processions so that no vehicle stands or waits in a dedicated right-of-way.

(3)

The site proposed for a cemetery shall not interfere with the development of a system of collector and larger streets.

(c)

Site development requirements.

(1)

All sides of the cemetery shall be screened from any residential view, as well as the street, by providing a screen consisting of natural and/or new vegetation, initially not less than 6 feet in height, measured from the surface of the ground.

(2)

All cemeteries shall maintain a minimum 50 foot landscaped strip on all property lines abutting residential property as well as along all streets, measured from the property/right-of-way line. All graves or burial plots shall be set back at 50 feet from any property line and any street bounding the cemetery, measured from the property/right-of-way line. All buildings and structures, including mausoleums, shall be set back at 100 feet from any property line and any street bounding the cemetery, measured from the property/right-of-way line.

(3)

Approval of the site plan shall be contingent on a satisfactory drainage plan approved by the city's department of public works.

(4)

No interments shall be made within 150 feet of any well used for drinking water purposes. Written assurances must also be provided that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery.

(5)

No burial plots or facilities shall be permitted within an established floodplain land.

(6)

No burial plots shall be established where interment would occur below the groundwater table.

(7)

The plan shall include an approved public water supply and/or well for site irrigation.

(8)

No approval for cemetery use will be issued until written final approval has been obtained from the county health department.

(d)

Completion requirements. No interments shall be made until paved streets, basic landscaping and all stormwater retention facilities have been constructed.

(Ord. No. 657, § 15.781(10.121), 3-14-2003)

The provisions of this section apply to multiuse inside self-storage facilities.

(1)

A market study must be submitted addressing:

a.

How the project would impact the general objectives of the master plan;

b.

How it would be operated so as to be harmonious and appropriate in appearance with the existing character of the surrounding area or intended land uses;

c.

Whether it would create additional requirements at public cost for public facilities and services;

d.

Whether it would disturb existing or future neighborhoods; and

e.

If it would be a detriment to the economic welfare of the city.

(2)

All units in the proposed structure must be equipped with an interior/indoor access.

(3)

The units will be used primarily for industrial and commercial storage.

(4)

All buildings will be entirely climate controlled.

(Ord. No. 688, § 3(15.782(10.122)), 6-6-2006)

The provisions of this section apply to parcels zoned R-1, R-2, R-3, R-4, R-5, and CR-6 which contain two detached, single-family principal structures at the time of this chapter's adoption. When one of the principal structures is destroyed or removed from the premises, the following standards shall apply to the replacement of this structure:

(1)

The replacement principal structure will meet all setback, height and lot coverage requirements of the corresponding zoned district as defined in article III, division 19, schedule of regulations.

(2)

The replacement principal structure shall not exceed by more than ten percent the first floor area of the previous principal structure.

(3)

There shall be provided for each new replacement principal structure an unoccupied, unobstructed 25-foot recorded easement or right-of-way granting right of ingress and egress for public vehicles and/or public utilities.

(Ord. No. 735, § 6, 7-5-2011)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alternative tower structure means manmade trees, clock towers, bell steeples, church spires, light poles, elevator bulkheads and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless communications signals or other communication signals.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height means the distance measured from the finished grade of the parcel at the center of the front of the building or structure to the highest point on the tower or other building or structure, including the base pad and any antenna, when referring to a tower or other building or structure upon which an antenna is mounted.

Lattice tower means a support structure constructed of vertical metal struts and cross braces, forming a triangular or square structure which of ten tapers from the foundation to the top.

Preexisting towers andpreexisting antennas means any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of the amendment to the ordinance from which this division is derived, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers or monopole towers, used for the transmission or reception of radio, telephone, cellular telephone, television, microwave or any other form of telecommunication signals. The term includes the structure and any support for the structure.

(Ord. No. 585, § 15.710(10.106(2)), 10-21-1997; Ord. No. 653, 5-17-2002)

(a)

Purpose. The purpose of this division is to establish general guidelines for siting wireless communications towers and antennas.

(b)

Goals. This division's goals are to:

(1)

Protect residential areas and land uses from potential adverse impacts of towers and antennas;

(2)

Encourage the location of towers and antennas in nonresidential areas;

(3)

Minimize the total number of towers and antennas throughout the city;

(4)

Promote the joint use of existing tower sites rather than the construction of additional towers;

(5)

Promote the location of towers and antennas in areas where the adverse impact on the city is minimal;

(6)

Promote the configuration of towers and antennas to minimize their adverse visual impact through careful design, siting, landscape screening, and innovative camouflaging techniques;

(7)

Promote telecommunications services in the city which are quick, effective, and efficient;

(8)

Protect the public health and safety of the city and its residents; and

(9)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

To further these goals, the city shall consider its land use plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

(c)

Applicability.

(1)

New towers and antennas. All new towers and new antennas in the city shall be subject to this section, except as otherwise provided in this section.

(2)

Amateur radio station operators/receive only antennas. This section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally-licensed amateur radio station or is used exclusively for receive only antennas.

(3)

Preexisting tower and antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of subsections (e)(6) and (e)(7) of this section.

(d)

Locations for special use permits. Special use permits for towers and antennas shall only be granted for the following locations:

(1)

Municipal building complex;

(2)

Public works garage;

(3)

Mona Shores High School stadium;

(4)

Elks Park;

(5)

Oakridge golf course/WKBZ radio station;

(6)

Grand Haven Road industrial areas, including a city-owned lot at the southwest corner of Farr and Grand Haven Roads where the lift station is located;

(7)

Jack Loeks'/radio station property at the southeast corner of Getty and Summit;

(8)

3530 Henry Street (27-107-100-0016-00);

(9)

2850 Lincoln Street (27-002-100-0023-00); and

(10)

455 Ellis Road (27-120-100-0013-00).

(e)

General requirements.

(1)

Principal accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of or on the same lot shall not preclude the installation of an antenna or tower on that lot.

(2)

Lot size. Even though antennas or towers may be located on leased portions of a lot, the dimensions of the entire lot shall be used to determine if the installation of a tower or antenna complies with the regulations of the applicable zoning district, including but not limited to setback requirements, lot-coverage requirements and other such requirements.

(3)

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the zoning administrator an inventory of its existing towers, antennas or sites approved for towers or antennas, that are either within the jurisdiction of the city or within one mile of the city borders, including specific information about the location, height, and design of each tower or antenna.

(4)

Tower finish. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

(5)

Tower site. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.

(6)

Antenna color. An antenna and its supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(7)

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

(8)

State or federal requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised and applicable standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to comply with such revised and applicable standards and regulations shall constitute grounds for the city to seek a court order, authorizing the city or its designee to remove the tower or antenna at the owner's expense.

(9)

State construction codes; safety standards. The owner of a tower or antenna shall ensure its structural integrity by maintaining it in compliance with standards contained in applicable state construction codes and applicable standards published by the Electronic Industries Association, as amended from time to time. If the city suspects that a tower or an antenna does not comply with such codes and standards and constitutes a danger to persons or property, then the city may proceed under applicable state law (i.e. Public Act No. 144 of 1992 (MCL 125.538 et seq.)) or common law to bring the tower or antenna into compliance or to remove the tower or antenna at the owner's expense.

(10)

Measurement. Tower setbacks and separation distances shall be measured and applied to facilities located in the city without regard to municipal and county jurisdictional boundaries.

(11)

Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section. They shall not be regulated or permitted as essential services, public utilities or private utilities.

(12)

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the city have been obtained; they shall file a copy of ail required franchises with the public works director.

(13)

Signs. No signs shall be allowed on an antenna or tower.

(f)

Permitted uses.

(1)

Generally. The uses listed in this section are deemed to be permitted uses by right in any zoning district and shall not require a special use permit.

(2)

Permitted uses.

a.

Antennas or towers located on property owned, leased, or otherwise controlled by the city are permitted uses, provided a license or lease authorizing such antenna or tower has been approved by the city.

b.

Antennas not more than 30 feet in height and located upon legally-existing lattice electric transmission towers are permitted uses.

(g)

Special use permits.

(1)

Generally. The following provisions shall govern the issuance of special use permits for towers or antennas.

a.

If the tower or antenna is not a permitted use under subsection 5. of this section, then a special use permit shall be required for the construction of a tower or the placement of an antenna in any zoning district.

b.

Applications for special use permits under this section shall be subject to the general procedures and requirements of this zoning ordinance for specified uses, except as modified in this section.

c.

In granting a special use permit, the planning commission and city council may impose such conditions that they conclude are necessary to minimize any adverse effect of the proposed tower or antenna on adjoining properties.

d.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

(2)

Processing special use applications.

a.

Applicants for a special use permit for a tower or an antenna shall submit the following information, in addition to any other information required by this chapter.

1.

A scaled site plan showing the location, type and height of the proposed tower or antennas; on site land uses and zoning; adjacent land uses and zoning (even if adjacent to another municipality); land use plan classification of the site and all properties within the applicable separation distances set forth in subsection (g)(2)e. of this section; adjacent roadways; proposed means of access, setbacks from property lines, elevation drawings of the proposed tower or antenna and any other structures; topography; parking; and other information deemed necessary by the public works director, planning commission, or city council to assess compliance with this chapter;

2.

Legal description of the lot and the leased portion of the lot (if applicable);

3.

The setback distance between the proposed tower or antenna and the nearest dwelling, platted residentially zoned properties, and unplatted residentially zoned properties;

4.

The separation distance from other towers or antennas described in the inventory of existing sites submitted pursuant to subsection (e)(3) of this section, the type of construction of those existing towers or antennas, and the owners/operators of those existing towers and antennas, if known;

5.

A landscape plan showing specific landscape materials;

6.

Method of fencing, finished color and, if applicable, the method of camouflage and illumination;

7.

A description of compliance with the requirements of this section, and of all applicable federal, state, county or city laws, rules, regulations and ordinances;

8.

A notarized statement by the applicant for a tower, indicating if the tower will accommodate additional antennas for future users;

9.

A description of the services to be provided by the proposed new tower or antenna, and any alternative ways to provide those services without the proposed new tower or antenna; and

10.

A description of the feasible locations of future towers or antennas within the city based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower or antenna is erected.

b.

Factors considered in granting special use permits for towers or antennas. In addition to any other standards specified in this division for considering special use permit applications, the planning commission and city council shall consider the following factors in determining whether to issue a special use permit under this chapter:

1.

Height of the proposed tower or antenna;

2.

Proximity of the proposed tower or antenna to residential structures and residential district boundaries;

3.

Nature of uses on adjacent and nearby properties;

4.

Surrounding topography;

5.

Surrounding tree coverage and foliage;

6.

Design of the proposed tower or antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

7.

Proposed ingress and egress to the proposed tower or antenna;

8.

Availability of suitable existing towers or antennas, alternative tower structures, alternative locations, other structures, or alternative technologies not requiring the use of towers or antennas or other structures, as discussed below in this section;

9.

The effect of the proposed tower or antenna on the surrounding neighborhood; and

10.

Whether or not the proposed tower or antenna is located in zoning districts or on structures where the city intends at least most towers and antennas in the city to be located, as subsequently described in this section.

c.

Availability of suitable existing towers, antennas, alternative tower structures, other structures or alternative technologies. No new tower or antenna shall be permitted unless the applicant demonstrates that no existing tower, antenna, alternative tower structure or alternative technology or alternative location can provide the services sought by the applicant without the erection of the applicant's requested new tower or antenna. Evidence that no existing towers, antennas, alternative tower structures, other structures or alternative technologies can provide the services sought by the applicant may consist of the following:

1.

The applicant could demonstrate that no existing towers, antennas, alternative tower structures, alternative technology or other structures are available within the geographical area which meet the applicant's engineering requirements.

2.

The applicant could demonstrate that existing towers, antennas, alternative tower structures or other structures are not of sufficient height to meet the applicant's engineering requirements, and that their height cannot be increased to meet such requirements.

3.

The applicant could demonstrate that existing towers, alternate tower structures or other structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment, and that their strength cannot practically be increased to provide that support.

4.

The applicant could demonstrate that the proposed antenna would cause electromagnetic interference with existing towers or antennas, or that existing tower or antennas would cause interference with the applicant's proposed antenna.

5.

The applicant could demonstrate that the costs to collocate an antenna exceed the costs of erecting a new tower or antenna.

6.

The applicant could demonstrate that there are other limiting factors that render existing towers, antennas, alternative tower structures, and other structures or locations are unsuitable.

7.

The applicant could demonstrate that an alternative technology that does not require the use of towers or antennas is cost-prohibitive or unsuitable.

d.

Setbacks. The following setback requirements shall apply all towers for which a special use permit is required:

1.

Towers must be set back a distance equal to at least 75 percent of the height of the tower from any adjoining lot line.

2.

Guys and accessory buildings must satisfy the minimum setback requirements for the applicable zoning district.

e.

Separation. The following separation requirements shall apply to all towers for which a special use permit is required:

1.

Separation of towers from off-site uses/designated areas.

(i)

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

(ii)

Separation requirements for towers shall comply with the minimum standards established in Table 1.

TABLE 1

2.

Separation distances between towers.

(i)

Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower.

(ii)

Separation distances between towers shall comply with the minimum distances (listed in linear feet) established in Table 2.

f.

Security fencing. Towers for which a special use permit is required shall be enclosed by security fencing not less than six feet in height and shall also be equipped with appropriate anticlimbing devices.

g.

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required.

1.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences or included in a residential zone, The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.

2.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible, in some cases, such as towers sited on large wooded lots, the planning commission and city council may conclude that natural growth around the property perimeter may be a sufficient buffer.

(h)

Accessory utility buildings. All utility buildings and structures accessory to a tower or an antenna shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground-mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood.

(i)

Removal of abandoned antennas and towers. Notwithstanding anything to the contrary elsewhere in this zoning ordinance, any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the city notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within the 90 days shall be grounds for the city to proceed under applicable state law to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(j)

Expansion of nonconforming use. Notwithstanding any other provisions of this division to the contrary, towers that are constructed and antennas that are installed in accordance with this chapter shall not be deemed to be the expansion of a nonconforming use or structure.

(k)

Amateur radio station operator/receive only antennas. Antennas and towers less than 70 feet in height may be erected in the designated rear yard in any zoning district if in compliance with the following restrictions:

(1)

No part of any tower or antenna shall be constructed, located or maintained at any time, permanently or temporarily, in or upon any required setback area for the district within which the antenna or tower is located.

(2)

The required setback for antenna and tower not rigidly attached to a building, shall be equal to the height of the antenna and tower. Those antenna and towers rigidly attached to a building and whose base is on the ground, may reduce this required setback by the amount equal to the distance from the point of attachment to the ground.

(3)

No tower shall be in excess of height equal to the distance from the base of the antenna and tower to the nearest overhead electrical power line which serves more than one dwelling or place of business, less five feet.

(4)

Metal towers shall be constructed of, or treated with, corrosive resistant material. Wooden poles shall be impregnated with rot-resistant substances.

(5)

No part of any antenna or tower, nor any lines, cables, equipment or wires or braces in connection with either, shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk or property line.

(6)

Towers with antenna shall be designed to withstand a uniform wind loading as prescribed by the applicable state construction code, the provisions of which are hereby incorporated by reference.

(7)

Antenna and metal towers shall be grounded for protection against direct strikes by lightning and shall comply as to electrical wiring and connections with all applicable local statutes, regulations and standards.

(8)

Every tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons.

(Ord. No. 585, § 15.710(10.106(1), (3)—(10)), 10-21-1997; Ord. No. 611, 4-16-1999; Ord. No. 653, 5-17-2002; Ord. No. 728, § 1, 8-2-2010; Ord. No. 729, § 1, 1-4-2011; Ord. No. 764, § 1, 5-2-2005; Ord. No. 766, § 1, 5-4-2015)

The following conditions shall apply to motion picture and broadcasting or recording studios:

(1)

Motion picture and broadcasting or recording studios shall be entirely contained within an enclosed building.

(2)

No on-site housing of personnel and talent is permitted.

(Ord. No. 740, § 4, 11-1-2011)