A.

Certain land uses require a flexible and equitable procedure for properly accommodating those activities within the community. It should be recognized that the forces that influence decisions regarding the nature, magnitude, and location of such types of land use activities are many and varied depending upon functional characteristics, competitive situations and the availability of land. Conditional use permits allow the Norway Area to provide controllable and reasonable flexibility in requirements for certain kinds of uses, but at the same time, provide for the health, safety, convenience and general welfare of the community's inhabitants.

B.

Provision is made in this Ordinance not only for flexibility in individual district regulations, but also for a more detailed consideration of certain specified activities as each may relate to proposed conditions of location, design, size, operation, intensity of use, generation of traffic movements, concentration of population, processes and equipment employed, amount and kind of public facilities and services required, together with many other possible factors. Land and structure uses possessing these particularly unique characteristics are designated as conditional uses and may be authorized by the issuance of a conditional use permit with such conditions and safeguards attached as may be deemed necessary for the protection of the public welfare. Conditional uses are those uses of land which are essentially compatible with the uses permitted in a zoning district, but possess characteristics or qualities which require individual review and restriction in order to avoid incompatibility with the character of the surrounding area, public services and facilities and adjacent land uses.

A.

Any person having an interest in a property may file an application for a conditional use permit.

B.

Applications shall be submitted through the zoning administrator to the planning commission. Each application shall be signed by the applicant and the property owner and accompanied by the payment of a fee in accordance with the duly adopted "Schedule of Fees" to cover costs of processing the application. No part of any fee shall be refundable.

C.

A completed application shall include:

1.

Site plan drawn to a readable scale and containing that information specified in section 1103 or 1104.

2.

A statement with supporting evidence regarding the required findings specified in section 1104.

D.

A public hearing shall be scheduled with notification as required by section 1403.

A.

The planning commission shall approve, approve with conditions, or reject the application within 60 days of the public hearing. The planning commission's action shall be based upon materials received and testimony recorded at the public hearing. The planning commission shall set forth the reasons for approval, denial, or modification of the conditional use permit application. All conditions shall be clearly specified in writing and be consistent with sections 1304 and 1402.

B.

If development in accordance with a conditional use permit has not commenced within one year from the date of issuance, the permit shall automatically expire. Upon request of the applicant, the zoning administrator may approve an extension for one additional year. Unless otherwise specified by the planning commission, compliance with the conditions shall occur prior to the issuance of a zoning compliance permit.

C.

The conditional use permit shall be valid regardless of change of ownership, provided that all terms and conditions of the permit are met by all subsequent owners.

D.

In instances where development authorized by a conditional use permit has essentially changed in nature, extent or character, the planning commission shall review the permit in relation to the applicable standards and requirements of this Ordinance. Upon finding that there has been a violation in the conditions of the conditional use permit granted under the provisions of this Ordinance, the planning commission may declare the permit null and void.

The planning commission shall review the particular facts and circumstances of each proposal in terms of the following standards and shall find adequate evidence showing that the proposed use:

A.

Will be harmonious with and in accordance with the general policies of the City of Norway or with any specific objectives of any adopted development plans;

B.

Will be designed, constructed, operated, and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that the use will not change the essential character of the same area;

C.

Will not be hazardous or disturbing to existing or future neighboring uses;

D.

Will not diminish the value of land, buildings, or structures in the district;

E.

Will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, water and wastewater, drainage structures, refuse disposal, and/or schools, and that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service;

F.

Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

G.

Will not involve uses, activities, processes, materials and equipment and conditions of operation that will be detrimental to any person, property, or the general welfare by reason of excessive production of noise, traffic, smoke, fumes, glare, odors, or electrical or communication interferences;

H.

Will protect the public health, safety and general welfare of the community; and

I.

Will be consistent with the intent and purpose of the specific zoning district in which it is located.

A.

Prior to granting any conditional use permit, the planning commission may impose conditions or limitations upon the establishment, location, construction, maintenance or operation of the use authorized by the conditional use permit as in its judgment may be necessary for the protection of the public interest. Conditions imposed shall further be designed to protect natural resources, the health, safety and welfare, as well as the social and economic well-being of those who will utilize the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity and the community as a whole; and be consistent with the general standards listed in section 1304 and therefore be necessary to meet the intent and purpose of the regulations.

B.

Conditions and requirements stated as part of conditional use permit authorization shall be a continuing obligation of permit holders. The zoning administrator shall make periodic investigations of developments authorized by conditional use permit to determine compliance with all requirements.

C.

A use that is clearly temporary in nature may have time limits or periodic reviews attached as conditions of approval.

D.

Conditional use permits may be issued for time periods as determined by the planning commission. Conditional use permits may be renewed in the same manner as originally applied for.

E.

In authorizing a conditional use permit, the planning commission may require that a cash deposit, certified check, bond or other financial guarantee acceptable to the city, of ample sum be furnished by the developer to insure compliance with such requirements as drives, walks, buffers or planting screens, utilities, parking, landscaping and the like. The financial guarantee shall be deposited with the city treasurer at the time of issuance of the permit authorizing the use or activity. As work progresses, the planning commission may authorize a proportional rebate of the financial guarantee upon completion of significant phases or improvements.

F.

Revocation of a conditional use permit by the planning commission shall be made at a public hearing following the same procedures as original approval to the effect that:

1.

Such conditions as may have been prescribed in conjunction with the issuance of the original permit included the requirement that the use be discontinued after a specified time period; or

2.

Violations of conditions pertaining to the granting of the permit continue to exist more than 30 days after an order to correct has been issued. Violations of any conditions set by the planning commission are violations of this zoning ordinance.

G.

All plans, specifications and written statements submitted by the applicant as part of the conditional use permit, and all changes made by the planning commission shall become part of the conditional use permit issued by the planning commission.

H.

The standards in section 1304 are basic to all conditional uses as identified in this Ordinance.

Recourse for a person aggrieved by a decision of the planning commission in the granting or denial of a conditional use permit shall be to the zoning board of appeals.

A.

The City of Norway desires to encourage and facilitate communication services within the City of Norway, in a manner that protects the health, safety and welfare of local residents, protects historic values, and minimizes environmental and visual impacts.

B.

The installation of a new antenna or other facilities on an existing, permitted tower shall be considered a permitted use, providing that the antenna(s) or other facilities are consistent with the design and construction of the permitted tower, and providing that such installation shall not have the effect of increasing the tower height.

C.

Wireless communication towers may be allowed in any district with the issuance of a conditional use permit.

D.

The planning commission shall use the following standards in reviewing the conditional use permit:

1.

Towers shall be designed and constructed in such a manner as to accommodate at least three antennas or other facilities, thus encouraging co-location. Towers must also be designed to allow for future rearrangement of antennas and to accept antennas mounted at different heights.

2.

An applicant for a new wireless communication tower must demonstrate that existing communication towers will not provide adequate coverage or capacity, thus encouraging co-location and minimizing the total number of towers.

3.

Wireless communication towers shall not exceed 250 feet in height.

4.

Towers shall be set back from any lot line a distance at least one and one-half times the tower height.

5.

All towers and alternate support structures must be certified by a professional structural engineer licensed in Michigan. All support structures must comply with all applicable federal, state and local standards.

6.

All wireless communication facilities shall be camouflaged to the extent possible, using compatible building materials and colors, screening, camouflage techniques, landscaping and/or placement within trees. Existing native vegetation and natural landforms shall be preserved to the extent possible.

7.

Wireless communication towers and antennas shall not be lighted, except as specifically required by the Federal Aviation Administration, and/or any other state or federal agency having jurisdiction in such cases. When flashing lights are required on a tower, red lights shall be used during night time hours unless white strobe lights or other lights are required by regulatory agencies. Lighting of equipment structures or other accessory structures is discouraged and shall not project beyond the property line.

8.

No advertising message shall be attached to any wireless communication facility. Signage shall be limited to that required by the Federal Communications Commission or other regulatory agencies.

9.

All metal towers shall be constructed of or treated with corrosion-resistant material.

10.

Security fencing shall be constructed to prevent access by unauthorized persons.

11.

All wireless communication facilities shall have legal documented access to a public road or street.

12.

Wireless communication facilities proposed for location in the Norway Area shall not interfere with existing local telecommunications and shall be Federal Communications Commission (FCC) compliant.

13.

No tower shall be constructed on a parcel within a platted residential subdivision. Concealed (stealth) antennas may be permitted under special condition within a platted residential subdivision.

14.

Where an equipment enclosure is proposed as a roof appliance or penthouse on an existing building, it shall be designed, constructed and maintained to be architecturally compatible with the principal building.

15.

Evidence that appropriate federal and/or state permits have been obtained shall be required prior to tower construction. The City of Norway may, at its discretion, require that a copy of all permit application materials be submitted.

16.

If a tower is proposed for construction on leased property, written acknowledgment of the landowner that he/she will abide by the terms and conditions of the permit in the event that the lessee is unable to do so is required.

17.

Wireless communication facilities shall be removed within 120 days of discontinuance or abandonment. A facility shall be considered abandoned when it has not been used for a period of one year. If an antenna on a tower is abandoned, removal shall consist of removing the abandoned antenna from the tower or alternate structure on which it is mounted and transporting it off the site. If a tower is abandoned, the tower and all antennas, equipment, accessory structures, fences, etc. shall be removed. The site must be returned to its original contours, and shall be covered with at least six inches of topsoil, seeded, and mulched. The site shall be free of litter, debris and/or abandoned equipment. To assure that such removal takes place, the City of Norway shall require a performance bond in an amount equal to the estimated cost of removal. The bond shall be issued by an acceptable bonding company authorized to do business in the State of Michigan. Any funds remaining after removal shall be returned to the owner upon the completion of removal of the facilities. If the cost of removal exceeds the amount of the bond, the owners shall be responsible for all additional costs. In the event that the owner fails to remove the facilities and/or restore the site, the City of Norway shall use the bond to pay for such removal and restoration no less than 60 days following written notification by certified mail to the owner of the facilities.

18.

In order that the City of Norway may provide due notice of the requirements of this Ordinance to any subsequent owner, the owner of any wireless communication facility in the City of Norway shall notify the city within 30 days of transfer of ownership, identifying the name, address, and phone number of an appropriate contact person for the new owner.

19.

If development in accordance with the conditional use permit issued for the wireless communication tower has not commenced within one year from the date of issuance, the permit will automatically expire. Upon request of the applicant, the zoning administrator may approve an extension for one additional year. Unless otherwise specified by the planning commission, compliance with the conditions shall occur prior to the issuance of a zoning compliance permit. Also see section 1303.

A.

The City of Norway desires to encourage and facilitate wind turbines and wind test towers within the city, in a manner that protects the health, safety and welfare of local residents, protects historic values and minimizes environmental and visual impacts.

B.

Wind turbines and wind test towers may be permitted in any district with the issuance of a conditional use permit.

C.

The planning commission shall use the following standards in reviewing the conditional use permit.

1.

The proposed wind turbine or test tower will not block, interfere or otherwise impair a scenic vista, corridor or the view of a neighboring residential structure.

2.

The primary purpose of a wind turbine will be to provide power for the principal use of the property whereon said wind turbine is to be located and shall not be the generation of power for commercial purposes unless permitted by the planning commission. This provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a wind turbine designed to meet the energy needs of the principal use.

3.

Towers shall be set back from any lot line a distance at least equal to one and one-half times the wind turbine height. Additional side and rear yard setbacks from the tower structure shall be determined by the planning commission and shall be based upon the height of the proposed wind turbine.

4.

No variance shall be granted in connection with a proposed wind turbine or test tower to permit a height greater than 175 feet of the placement of a wind turbine or test tower so close to a property line as to result in any portion of the wind turbine or test tower at any time, whether erect or in the event the wind turbine or test tower should fall or be toppled, to overhang, cross or otherwise extend beyond the property line.

5.

No wind turbine or test tower shall be located within the front yard area.

6.

Any proposed wind turbine or test tower shall produce sound levels no more than 50 decibels as measured on the db(A) scale at the property lines of the site in question. A noise report shall be prepared by a qualified professional and shall include the following, at a minimum: a description and map of the project's noise producing features, including the range of noise levels expected and a description of the project's proposed noise control features and specific measures proposed to mitigate noise impacts to a level of insignificance.

7.

Where feasible, as determined by the planning commission, all on-site electrical transmission lines connecting the wind turbine or test tower to the public utility distribution system shall be located underground.

8.

All wind turbines and test towers shall be constructed and operated so that they do not interfere with television, microwave, navigational or radio reception to neighboring areas.

9.

All structures must meet or exceed all applicable federal, state and local standards, including those of the FAA, the Michigan Public Service Commission, National Electric Safety Code and any other agency of the state or federal government with the authority to regulate wind turbines in effect at the time the conditional use permit is approved.

10.

The planning commission may add reasonable conditions.

11.

A grant of a zoning compliance permit constitutes an agreement between the land owner and the City of Norway that the zoning administrator at any reasonable time may enter the property, for the purpose of inspection to determine compliance with above conditions.

12.

No wind turbine or test tower shall be erected until final site plan approval has been granted and all necessary permits have been issued by all government agencies involved.

13.

The site plan, in addition to information required in article XI of this Ordinance, shall also show:

a.

Location of tower on-site and tower height, including blades;

b.

Underground utility lines within a radius equal to the proposed tower height, including blades;

c.

Dimensional drawings, installation and operation instructions;

d.

Design date indicating the basis of design, including manufacturer's dimensional drawings, installation and operation instructions;

e.

Certification by a registered professional engineer or manufacturer's certification that the tower design is sufficient to withstand wind load requirements for structures as established by the State of Michigan building codes;

f.

Any other information that the zoning administrator or planning commission deems necessary.

14.

Wind turbines and test towers shall be removed within 120 days of discontinuance or abandonment. A wind turbine or test tower shall be considered abandoned when it has not been used for a period of one year. If wind turbine or test tower is abandoned, removal shall consist of removing the abandoned wind turbine or test tower and transporting it off the site. The site must be returned to its original contours, and shall be covered with at least six inches of topsoil, seeded, and mulched. The site shall be free of litter, debris and/or abandoned equipment. To assure that such removal takes place, the City of Norway shall require a performance bond in an amount equal to the estimated cost of removal. The bond shall be issued by an acceptable bonding company authorized to do business in the State of Michigan. Any funds remaining after removal shall be returned to the owner upon the completion of removal of the facilities. If the cost of removal exceeds the amount of the bond, the owners shall be responsible for all additional costs. In the event that the owner fails to remove the facilities and/or restore the site, the City of Norway shall use the bond to pay for such removal and restoration no less than 60 days following written notification by certified mail to the owner of the facilities. The owner of any abandoned wind turbine or test tower may file for an extension with the City of Norway for a later removal date.

15.

In order that the City of Norway may provide due notice of the requirements of this Ordinance to any subsequent owner, the owner of any wind turbine shall notify the City of Norway within 30 days of transfer of ownership, identifying the name, address and phone number of an appropriate contact person for the new owner.

A.

There shall be two classes of home occupations. A home occupation class I shall be permitted in all districts by application for a zoning compliance permit. A class II home occupation may be allowed in all districts upon application for and issuance of a conditional use permit pursuant to article XIII conditional use permits.

B.

The following uses may be permitted as a class II home occupation by application for and issuance of a conditional use permit: animal boarding establishments, commercial garages, bump and paint shops, light manufacturing and commercial production.

C.

Uses that are engaged in the selling of goods and merchandise to the general public for personal or household consumption shall not be conducted as a home occupation.

D.

A home occupation in a single-family residence for instruction in craft or fine arts is allowed in all districts subject to the provisions of subsections 1309 E. and F.

E.

Class I and class II home occupations must be clearly incidental and subordinate to its use for residential purposes by its occupants.

F.

Class I and class II home occupations shall not permit equipment or processes to be used which create noise, vibration, glare, fumes, odors, or electrical interferences, which create an unreasonable interference with the enjoyment and use of adjoining properties and which are detectable by normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates unreasonable visual or audible interference in radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

G.

Class I home occupation shall:

1.

Employ only those members of the family residing on the premises and not more than one non-occupant employee,

2.

Be conducted within the principal dwelling and utilize not more than 25 percent of the usable floor space,

3.

Permit no outdoor storage nor exterior evidence of the conduct of home occupations, other than an approved sign,

4.

Permit no exterior display of merchandise produced by such home occupations,

5.

Not generate traffic in greater volumes than would normally be expected in that residential neighborhood,

6.

Provide for parking generated by the conduct of such home occupation in accordance with the requirements of section 802.

7.

Utilize only stock vehicles such as passenger cars and light utility vehicles such as pickups and vans. These vehicles may be parked outside,

8.

Allow a sign, not to exceed six square feet, to advertise the home occupation. The sign shall not be illuminated nor have working parts. It may be attached flush on the building or placed in the front of the lot or parcel. The sign location may be at the front lot line, but may not be placed so to interfere with traffic visibility. The sign shall not detract from the visual appearance of the neighborhood.

H.

Class II home occupation may:

1.

Employ not more than two non-occupant employees,

2.

Be conducted in an accessory building not exceeding 20 feet in height, and not more than 1,200 square feet,

3.

Utilize larger vehicles and heavy equipment provided they are stored in an enclosed building or are adequately screened from view of the street or adjoining neighbors,

4.

Utilize structures to store commercial vehicles which structure(s) shall not exceed twice the floor area of the principal structure,

5.

Permit outdoor storage or exterior evidence of the conduct of home occupations,

6.

Permit exterior display of merchandise produced by such home occupations,

7.

Provide for an illuminated sign greater than six square feet, except in the R-1 and R-2 Districts.

8.

The planning commission may place additional conditions upon class II home occupations to assure compliance with the intent of the zoning district.

Child care centers, nursery schools, and day nurseries (see definition) may be permitted in accordance with article III subject to the following conditions:

A.

The child care center shall be licensed by the Michigan Division of Child Day Care Licensing, which includes minimum outdoor play area requirements.

B.

Adequate ingress and egress, parking and circulation shall be provided on the site, including a drop-off/pick-up area for children, outside of any public right-of-way.

The following standards shall be used by the planning commission when considering a conditional use permit for group child day care facilities:

A.

Is located not closer than 1,500 feet to any of the following:

1.

Another licensed group day-care facility.

2.

An adult foster care small group home or large group home licensed under the adult foster care facility licensing act, Act No. 218 of the Public Acts of 1979, being Sections 400.701 to 400.737 of the Michigan Compiled Laws.

3.

A facility offering substance abuse treatment and rehabilitation service to seven or more people licensed under Article 6 of the public health code, Act No. 368 of the Public Acts of 1978, being Sections 333.6101 to 333.6523 of the Michigan Compiled Laws.

4.

A community correction center, resident home, halfway house, or other similar facility which houses an inmate population under the jurisdiction of the department of corrections.

B.

Has appropriate fencing for the safety of the children in the group day-care home as determined by the planning commission.

C.

Maintains the property consistent with the visible characteristics of the neighborhood.

D.

Does not exceed 16 hours of operation during a 24-hour period. The planning commission may limit, but not prohibit the operation of a group day-care home between the hours of 10:00 p.m. and 6:00 a.m.

E.

Meets regulations, if any, governing signs used by a group day-care home to identify itself.

F.

Meets regulations, if any, requiring a group day-care home operator to provide off-street parking accommodations for his or her employees.

G.

Other standards as amended by state statute.

The following standards shall be used by the planning commission when considering a conditional use permit for a bed and breakfast establishment:

A.

The use shall be confined to the single family dwelling unit which is the principal dwelling unit on the property. The dwelling unit in which the bed and breakfast establishment takes place shall be the principal residence of the operator who shall live on the premises during any times the bed and breakfast establishment is active.

B.

No premises shall be utilized as a bed and breakfast establishment unless there are at least two exits to the outdoors. Rooms utilized for sleeping shall have a minimum size of 100 square feet for two occupants, with an additional 30 square feet for each additional occupant to a maximum of four occupants per room.

C.

The minimum size of a dwelling unit for a bed and breakfast establishment shall be 2,000 square feet of residential space, exclusive of garages and storage sheds.

D.

Each room shall have a separate smoke detector alarm. Lavatories and bathing facilities shall be available to all persons using any bed and breakfast establishment.

E.

The maximum stay for any occupant shall be 14 consecutive days.

F.

The bed and breakfast establishment shall provide parking in accordance with the requirements of section 802.

G.

The impact of a bed and breakfast establishment shall be no greater than that of a private home with guests.

The following additional standards shall be used by the planning commission when considering a conditional use permit for, and if an accessory building may be used as a guest house:

A.

No more than two guest houses are permitted per lot.

B.

The size of the guest house cannot exceed 50 percent of the principle structure or 750 square feet, whichever is greater.

C.

The guest house will comply with all setback requirements of a principal structure.

D.

There is one ingress/egress point from the public road to the primary and guest house(s); however the planning commission may authorize a separate access points.

E.

The guest house shall be considered as an accessory structure to a principal single-family dwelling; there are no charges made for the accommodation provided and shall not be rented or leased.

F.

The guest house will not be used as a year-round dwelling, is occupied on an intermittent basis, not to exceed a total of 120 days over a 12 month period by the same person.

The following additional standards shall be used by the planning commission when considering a conditional use permit for, and if an accessory building may be used as a rental house:

A.

No more than two rental houses are permitted per lot.

B.

The size of the rental house cannot exceed 75 percent of the principle structure or 750 square feet, whichever is greater.

C.

The rental house will comply with all setback requirements of a principal structure. A site plan will show the rental house as located on a minimum lot size parcel of that district meeting the required set back requirements.

D.

There is one ingress/egress point from the public road to the primary and rental houses. However the planning commission may authorize a separate access points.

E.

The rental house shall be considered as an accessory structure to a principal single-family dwelling. However fees may be charged for the accommodation provided.

Public, private or commercial kennels may be permitted as a conditional use in accordance with article III subject to the requirements of this article and the following conditions:

Veterinary clinics may be permitted as a conditional use in accordance with article III subject to the requirements of this article and the following conditions:

A.

Kennels and veterinary clinics with outside kennels shall be located on a continuous parcel of land five acres or more in area.

B.

No building(s) or runs shall be closer than 100 feet to any abutting property line and all runs or breeding areas shall be enclosed by a chain link fence not less than six feet in height.

C.

For public or commercial kennels, one parking space shall be provided for every five kennel runs. For veterinary clinics parking requirements shall be in accord with those of professional offices of doctors, dentists or similar professions. All off-street parking shall be paved and constructed to the standards of this Ordinance.

D.

The planning commission may require adequate means of noise control, including, but not limited to buffering, use of berms, inside night time (also potentially day time) housing of animals, and any other reasonable means to insure adequate protection and enjoyment of neighboring properties. Failure by the developer of a proposed kennel to demonstrate within his proposal that adequate means to noise control will be provided, shall be grounds to deny a conditional use permit.

E.

In the B-1, B-2, B-3 and B-4 districts, the veterinary clinic and all related activities shall be conducted within a completely enclosed building.

Hotels, motels and resorts with overnight lodging may be conditionally permitted in accordance with article III subject to the following conditions:

A.

Vehicular ingress and egress from the site shall be directly onto a major thoroughfare having an existing or planned right-of-way of at least 66 feet in width.

B.

Each unit shall contain no less than 250 square feet of floor area.

C.

Units shall not be occupied as a place of permanent residence and a guest register shall be maintained.

Restaurants with drive-through facilities may be conditionally permitted in accordance with article III subject to the requirements of this article and the following conditions:

A.

Ingress and egress points shall be located at least 30 feet from the intersection of any two streets measured from the intersection of the street right-of-way to the nearest end of the curb radius and shall be directly from a major thoroughfare having an existing or proposed right-of-way of at least 66 feet in width.

B.

The minimum distance of any driveway to the property line shall be seven feet. The minimum distance between driveways on the site shall be 65 feet measured from the two closest driveway curbs.

C.

When a building or portion of building is used for said purposes, it must be located not less than 500 feet from an elementary, intermediate, or secondary school, and not less than 300 feet from a church, nursing home, or a home for the aged.

D.

Any unpaved area of the site shall be landscaped with lawn or other horticultural materials, maintained in a neat and orderly fashion at all times, and separated from the paved parking area by a raised curb or other equivalent barrier.

E.

Concrete curbing six inches in height shall be properly placed and maintained along or parallel to all property lines, except where bumper guards are required and except across approved driveways so as to prevent vehicular encroachment onto or over the adjoining property or vehicular damage to buildings.

F.

All outside trash receptacles (except those intended for use by the customer) shall be located within a six-foot high enclosure constructed of masonry material and covered with face brick and shall be provided with opaque gates of the same height. In addition, two trash receptacles for use by the customer shall be placed in a manner reachable by the customers from their car windows at each point where exit drives empty onto a public street; said receptacles shall be emptied as often as is necessary to insure their efficient and continued use by the customer.

G.

For drive-through restaurant facilities an off-street waiting area shall be provided. On the same premises with every building, structure or part thereof, erected and occupied for the purpose of serving customers in their vehicles by means of a service window, a set of service windows or similar arrangement, there shall be provided six off-street waiting spaces for each service window which shall not block parking spaces or loading space(s). A waiting space shall be a minimum of 23 feet long by ten feet wide.

Editor's note— At the direction of the city, in an email dated March 5, 2024, and pursuant to Ord. No. 454, adopted April 5, 2023, App. C, § 1319 is repealed. Said section pertained to marihuana facilities and derived from Ord. No. 444, adopted June 21, 2021. The user's attention is directed to marihuana establishments § 10-71 et seq.