A.

General requirements.

1.

Except as otherwise noted in this section, accessory structures, buildings and uses shall be subject to all of the regulations of this article applicable to main buildings, structures and uses.

2.

No detached accessory building or structure shall be located closer than five feet to a main building or other accessory building or structure on the same lot unless the minimum fire separation requirements of the last adopted edition of the building code are met.

3.

Except as noted in (4), below, accessory buildings, structures and uses shall be located in the same zone and on the same zoning lot as the main building and/or principal use.

4.

Accessory buildings, structures and uses shall be located in the same zone and on the same zoning lot as the main building and/or principal use except on property zoned P-1, vehicular parking or if the use is in the nature of a private utility, such as a private water supply or water impoundment area (but not including parking or access drives). These exceptions shall be subject to the review and approval of the planning commission and shall be specifically subject to site plan review. In addition, the developer shall provide the commission with impacts statements and information that the commission deems necessary to review potential adverse impacts on surrounding properties. The commission may attach requirements to such accessory buildings, structures and uses which it deems necessary to avoid or mitigate adverse impacts on surrounding properties.

B.

Accessory buildings—Residential zoning districts.

1.

Non-lakefront lots: The following applies to accessory buildings and uses on non-lakefront lots in the R-1A one-family residential, R-1B one-family residential, R-1C one-family residential, R-1D one-family residential, or R-1T attached residential districts. These requirements shall also apply to one-family dwellings constructed in the RM-1 and RM-2 districts.

a.

No detached accessory building shall exceed 16 feet in height except, after a public hearing, the height of the building may be increased if the planning commission determines that the topography, natural features or other land use characteristics, including the distance of the proposed building from adjacent residential structures, adequately mitigate adverse impacts upon any adjacent single-family residential use.

b.

Maximum floor areas:

(1)

Except as noted in (2) and (3) below, each detached accessory building shall have a maximum floor area not greater than 20 percent of the rear yard. Accessory buildings in the rear or side yard shall be setback from the side or rear property lines a distance of five feet. Accessory buildings in the front yard shall meet the setbacks required for the main building.

(2)

The total floor area of all accessory buildings, including those attached to the main building, shall not exceed the ground floor area of the main building plus 50 percent of the second story, provided that breezeways or enclosed porches are not counted in computing the total floor area of an accessory(s) or main building.

(3)

The floor area of accessory buildings may exceed the ground floor area of the main building plus 50 percent of the second story when the residential lot or parcel has an area of two acres or more. However, when the floor area of the accessory building exceeds the ground floor area of the main building plus 50 percent of the second story, the accessory building and use shall be subject to the approval of the planning commission after a public hearing. To ensure harmonious relationships and to minimize conflicts between adjacent uses, the commission shall consider the proposed characteristics and uses of the building in relation to existing land uses and to the future land uses as shown in the comprehensive plan. The commission may attach requirements to such accessory building and use when it deems necessary to avoid or mitigate adverse impacts on surrounding properties. This section does not apply to agricultural uses.

2.

Lakefront lots: The following applies to accessory buildings on lakefront lots in any residential district.

a.

The total floor area of all accessory buildings shall not exceed the ground floor area of the main building plus 50 percent of the second story, provided that breezeways or enclosed porches are not counted in computing the total floor area of a detached accessory(s) or main building.

b.

Not more than one detached accessory building is permitted in the rear (lake side) yard and shall not exceed 80 square feet in area and eight feet in height, measured from the average grade at the accessory building location to the highest point of the accessory building. The permitted accessory building shall be located not closer than ten feet to any side property line and three feet to the rear property line in the rear (lake side) yard.

c.

Boathouses, docks and other similar structures that are situated in whole or in part in the water are not regulated by this section.

d.

All buildings and structures, including fences, that were in existence in the rear (lake side) yard prior to January 30, 1987, shall be allowed to continue and shall be considered to be nonconforming structures and buildings.

3.

RM-1 and RM-2 districts: A detached accessory building accessory to uses permitted in these districts may be located within a required rear yard not closer than five feet to any side or rear lot line, except that community recreation or meeting facilities shall meet the setback requirements applicable to main buildings for the district. One-family dwellings shall comply with the provisions of section 42-121 B.1.

4.

Swimming pool location. Swimming pools shall meet the following setbacks:

a.

Front yard setback of the applicable zoning district;

b.

No closer than eight feet from the required rear or side property line; and

c.

No closer than ten feet from any structures as measured from the nearest vertical wall enclosure (not including support columns with dimensions of less than 12 inches).

C.

Accessory uses.

1.

Accessory uses may include, but are not necessarily limited to, the following:

a.

Residential accommodations for servants and caretakers within the principal dwelling and not as a separate household.

b.

A swimming pool for the use of the occupants of a residence or their guests.

c.

Storage of merchandise normally carried in stock or goods used in or produced by industrial uses in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations.

d.

Off-street parking, open or enclosed, and loading subject to the provisions of division 6, subdivision 1, Off-street parking and loading of this chapter.

e.

Signs, subject to the provisions of division 6, subdivision 2, signs, of this chapter.

f.

Home occupations, subject to the provisions of section 42-129, home occupations.

g.

Accessory antennas, subject to the provisions of section 42-131, accessory antennas.

h.

Private stables, if all of the following are satisfied:

(1)

The private stable is being used for the enjoyment of the persons occupying the premises.

(2)

The private stable is outside of the boundaries of platted land.

(3)

Two acres of land are provided for the first horse and one additional acre of land is provided for each additional horse. The zoning board of appeals may reduce the area requirements when it is affirmatively shown that the reduction will not interfere with the rights of neighboring landowners to the enjoyment of their premises.

(4)

Stables, feeding areas and other confinement areas are located at least 125 feet from neighboring residences.

(5)

Manure from stables is located at least 125 feet from any property boundary line.

(6)

No electrical fencing exceeding 12 volts is used on the premises.

(7)

The stables, feeding areas and other confinement and/or manure storage areas do not produce noise, odor, dust, fumes or comparable nuisances.

i.

A residential dwelling unit subject to the provisions of section 42-137, work/live accommodations.

D.

Keeping of chickens as an accessory use.

1.

Definitions. All definitions, unless otherwise specifically stated shall, for the purposes of this section, have the meaning as follows:

a.

Animal, domestic. Any animal normally and customarily kept for pleasure and companionship, that has adapted to human interaction, typically resides within a dwelling and is commonly considered to be domesticated. This category includes those animals typically kept as household pets exclusively by the person(s) occupying the premises. Examples include a dog, cat, rabbit, small domesticated rodent such as hamster, gerbil, ferret and chinchilla, guinea pig, caged bird, non-venomous reptile, amphibian and common aquarium fish, excluding however, exotic animals, farm animals (whether kept for commercial profit or for pleasure and companionship) and animal ferae naturae.

b.

Animal, farm or livestock. Any animal that is commonly raised or kept in an agricultural setting, for commercial profit and primarily utilized for the production of food or fiber products. This category includes those animals typically referred to as livestock but not including a domestic animal. Examples include cattle, sheep, goats, pigs, donkeys, mules, poultry and other fowl.

c.

Animal, exotic. Any animal that may be dangerous or vicious or that is not customarily kept, confined or cultivated by humans as a domestic animal, or farm animal, but may be used for display with appropriate permits. Examples include marsupials such as kangaroos and opossums, non-human primates such as a monkeys and gorillas, canines and felines (not including domestic dogs and cats), poisonous reptiles and amphibians, and the like.

2.

Household pets. Domestic animals that are normally and customarily kept for pleasure and companionship as household pets as defined in section 42-121(D)(1)(a) and do not conflict with or violate any other law or regulation of the state, county or city applicable to the keeping of such animal is permitted as accessory to a residential use.

3.

Chickens (hens). The purpose of this section is to provide standards and requirements for the keeping of chickens. Roosters are not permitted. It is intended to enable residents to keep up to six chickens on a non-commercial basis while limiting and mitigating any potential adverse impacts on surrounding properties and neighborhood. The keeping of up to six chickens that are utilized exclusively by the person(s) occupying a one-family dwelling as a locally grown food source for the consumption of eggs or meat, is permitted as accessory to the residential use if all of the following are satisfied:

a.

Chickens shall be kept only in the rear yard secured within a coop and attached pen during non-daylight hours. During daylight hours, chickens may be allowed to roam outside of the coop and pen, if supervised, and only within an area completely enclosed by a fence with a minimum height of four feet.

b.

The accessory use, coop and pen shall be designed to provide safe and healthy living conditions for chickens while minimizing adverse impacts on other residents and the neighborhood. The coop and pen shall meet the following additional requirements:

(1)

The coop and pen shall be setback a minimum of ten feet from all property lines of adjacent property and be located a minimum of 30 feet from the nearest wall of any adjacent dwelling. Additionally, a coop and pen located on a lake front lot shall have a 40-foot rear yard setback. Public streets and public easements shall not be considered adjacent property lines for purposes of this section.

(2)

The coop and pen shall be a maximum of six feet in height and shall not exceed a total of 80 square feet.

(3)

The use of corrugated metal/fiberglass, sheet metal, plastic tarps, scrap lumber or similar materials is prohibited. The coop and pen must be completely enclosed with a top and/or cover.

(4)

The coop and pen may be movable only if the dimensional/setback restrictions contained in this section are satisfied.

c.

All feed and other items associated with the keeping of chickens that are likely to attract or to become infested with or infected by rats, mice or other rodents shall be protected so as to prevent rats, mice or other rodents from gaining access or coming into contact with them.

d.

The outdoor slaughter of chickens is prohibited.

e.

The accessory use shall comply with all provisions of the City of Portage Code of Ordinances pertaining to noise, odors, dust, fumes, sanitation and health or other comparable nuisances to ensure the public health, safety and welfare.

f.

No person shall keep chickens without first securing a permit from the city on a form provided and without paying a permit fee as prescribed by the Portage City Council by resolution. The permit shall be issued by the director. Such permit may be revoked by the director if it is determined that any provision of this section is violated.

g.

Establishment of an accessory use and/or accessory building under this section shall not confer a vested right in the provisions contained herein or a right to continue such use. Further, a permit granted under this section is personal to the applicant occupying the dwelling and is not transferable.

h.

This section shall not regulate the keeping of chickens in those areas where a form of agriculture is a permitted principal use or special land use under other sections of this zoning code.

i.

All licensing required by the State of Michigan and Kalamazoo County, as well as all other statutes, ordinances and codes, shall be satisfied.

j.

No permit shall be issued by the director without the written authorization from an owner of the property (if different from the applicant) consenting to the application on a form provided. Once authorization is obtained it shall continue for as long as the applicant is in possession of the property.

(Ord. No. 03-01 (Exh. A, § 42-301), 2-18-2003; Ord. No. 01-06, 2-14-2006; Ord. No. 11-07, 4-12-2011; Ord. No. 11-13, 8-23-2011; Ord. No. 19-04, 10-15-2019; Ord. No. O-9-2024 meeting, 10-22-2024)

A.

Not more than one principal use shall be allowed on a lot of record zoned for one-family residential purposes.

B.

If a valid nonconforming use exists on a zoning lot or lot of record zoned for purposes other than one-family residential, no other principal use is permitted.

(Ord. No. 03-01 (Exh. A, § 42-302), 2-18-2003; Ord. No. 01-06, 2-14-2006)

A.

Essential services:

1.

Essential services serving the city are permitted as authorized and regulated by law and other ordinances of the city.

2.

It is intended to exempt such essential services from the application of this article, except as noted in 3, below.

3.

Overhead electrical transmission lines and necessary poles and towers to be erected in the city shall be reviewed by the zoning board of appeals.

a.

Prior to rendering a decision, the board shall conduct a public hearing.

b.

Notice of the hearing shall be mailed to the applicant and to all owners and residents of real property within 300 feet of the premises in question at least seven days prior to the day of the scheduled hearing.

c.

The board, in reaching its decision, shall consider, among other things, abutting property and uses as they relate to easements, rights-of-way, overhead lines and towers, and, further, shall consider injurious effects on property abutting or adjacent thereto and on the orderly appearance of the city.

B.

Voting places: This article shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

C.

Building height exceptions: The height limitations of this article do not apply to farm buildings, chimneys, church spires, flagpoles, or public monuments.

(Ord. No. 03-01 (Exh. A, § 42-303), 2-18-2003)

A.

Porches, terraces and decks.

1.

Except as noted in 2, below, an open, unenclosed and uncovered porch, paved terrace, or deck may project into a required front yard, and in all residential districts into a required rear yard, for a distance not exceeding ten feet.

2.

Any porch, terrace or deck enclosed or covered by a fixed canopy or other structure shall be required to meet the setbacks for main buildings for the district in which it is located.

3.

A porch, terrace, or deck located within any front yard or rear yard setback area may be enclosed with ornamental railings, handrails or other similar guardrails not higher than 42 inches from the walking surface of the deck, slab or other similar construction.

4.

Ramps for the purpose of providing barrier free access to a dwelling can project to within ten feet of the front property line.

B.

An architectural feature, such as a chimney but not including a cantilevered wall, may extend or project into a required side yard not more than two inches for each one foot of width of the side yard, and may extend or project not more than three feet into a required front yard or rear yard.

C.

In the one-family residential districts, a landing and stairs for egress purposes less than 30 inches above grade may project into the side yard not more than 36 inches or as regulated by the last adopted edition of the city's building code.

D.

For the purpose of this article, an access drive may be placed in a required front or side yard so as to provide access to the rear yard and/or an accessory or attached structure. These drives shall be considered a permitted encroachment into a front or side yard.

E.

For the purpose of this article, any walk, terrace or other pavement serving a similar function, not in excess of nine inches above the grade upon which placed, shall not be considered a structure and shall be permitted in any required yard.

(Ord. No. 03-01 (Exh. A, § 42-304), 2-18-2003; Ord. No. 19-04, 10-15-2019)

A.

Any parcel of land which is to be occupied by a use or building shall meet at least one of the following street frontage requirements:

1.

Maintain a minimum of 60 feet of public street frontage, or a minimum of 50 feet of public street frontage on a cul-de-sac, to the front setback or building setback line, whichever is greater. The public street shall be paved and adequate drainage provided therefor; or

2.

For a parcel that does not have the above required frontage on a public street, an access and utility easement with a width of not less than 20 feet to the front setback or building setback line, whichever is greater, shall be recorded with the Kalamazoo County Register of Deeds. Such recorded easement shall be provided to the director simultaneously with the register of deeds filing. The access easement shall be a perpetual, irrevocable easement appurtenance over the burdened property, providing unobstructed access to the public street for the benefitting parcel. The utility easement shall also be perpetual, irrevocable and provide any public utility the ability and right to install all utilities on the burdened property. The 20 foot easement shall be improved with asphalt, concrete or other approved driving surface capable of supporting the imposed load of a fire apparatus weighing at least 75,000 pounds. If the access and utility easement is shared by more than one parcel or owner, a maintenance agreement shall also be recorded providing for the rights and obligations of the parties regarding installation, maintenance and repair as well as apportionment of costs and expense for infrastructure and/or improvement on the easement.

B.

A parent parcel cannot be divided to create more than four resulting parcels without the required frontage on a public street. Each parcel shall further meet the lot width and setback requirements for the zoning district in which it is located.

C.

Residential, commercial or industrial developments which result in land divisions with public infrastructure improvements, except lands divided pursuant to the Land Division Act (MCL 560.101 et seq., MSA 26.430(101) et seq.) and article V, subdivision and land division requirements, of this chapter, shall be subject to subsection B of this section and to the following conditions:

1.

Proposals for developments under this section shall be subject to review by the planning commission, and shall be subject, further, to review and approval by the council. All improvements must meet the approval of the council.

2.

Streets shall be provided with asphalt or concrete surfacing and shall be in accordance with specifications approved by the council. Drainage for the proposed roadway shall also be in accordance with specifications approved by the council.

3.

Water, sanitary sewers and all other improvements shall be provided as required by the council and shall be in accordance with at least the minimum standards as set forth by ordinances of the council.

(Ord. No. 03-01 (Exh. A, § 42-305), 2-18-2003; Ord. No. 19-04, 10-15-2019)

A.

It is the intent of this section to establish minimum standards of appearance and construction for all single-family dwellings placed in the city, whether constructed on a lot or a manufactured home. Construction and/or placement of a one-family dwelling on any lot or parcel shall be permitted only if the dwelling complies with all of the standards of this section.

B.

Manufactured home: If the dwelling unit is a manufactured home, the manufactured home must either be:

1.

New and certified by the manufacturer and/or appropriate inspection agency as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as amended, or any similar successor or replacement standards which may be promulgated; or

2.

Used and certified by the manufacturer and/or appropriate inspection agency as meeting the standards referenced in subsection A. above, and found, on inspection by the building inspector or his designee, to be in excellent condition and safe and fit for residential occupancy.

C.

Compliance with codes: The dwelling unit shall comply with all applicable building, electrical, plumbing, fire energy and other similar codes which are or may be adopted by the city, and with applicable federal or state standards or regulations for construction. Appropriate evidence of compliance with these standards or regulations shall be provided to the building inspector.

D.

Zoning compliance: The dwelling unit shall comply with all restrictions and requirements of this article, including, without limitation, the lot area, lot width, residential floor area, setback, and building height requirements of the district in which it is located.

E.

Foundation: The dwelling unit shall be firmly attached to a permanent continuous foundation which complies with applicable provisions of the building code adopted by the city.

F.

Installation: If the dwelling unit is a manufactured home, the manufactured home shall be installed with the wheels and towing mechanism removed.

G.

Water and sanitary: The dwelling unit shall be connected to public sewer and water supply systems, or to private facilities for potable water and disposal of sewage approved by the city.

H.

Roof pitch: All single-family dwellings that are erected in, constructed in, or moved into any of the zoning districts that allow such a residential use shall have a minimum width and roof pitch equal to that required in districts that allow such a use and a minimum width of 24 feet throughout the entire length as measured between the exterior part of the walls having the greatest length, and a double pitched roof of not less than three feet of rise for each 12 feet of run, unless 20 percent of the dwellings within one-half mile has less pitch, then the roof pitch may equal the average of dwellings in the area. The roof shall be covered by asphalt, cedar shake, or slate shingles or standing seam metal.

I.

Manufactured home community: The standards of this section shall not apply to a manufactured home located in a manufactured home community licensed by the Michigan Manufactured Home Commission and approved by the city according to the provisions of this article except to the extent required by state or federal law.

J.

An improved driveway may include a surfaced turnabout area, a circular driveway or an accessory parking space and shall meet the following criteria:

1.

For non-lakefront property:

a.

It does not exceed an average width of 24 feet from edge to edge in the front yard, except that an average width of 30 feet from edge to edge in the front yard is permitted for lots or parcels of 100 feet in width or more.

b.

It does not occupy in excess of 50 percent of the area included in the front yard.

2.

For lakefront property:

a.

Max. average width: 30 feet, regardless of front yard coverage standards.

b.

Drainage plan to guide stormwater to a natural waterbody or an approved stormwater infrastructure.

c.

For substandard lot width, driveways between 50 and 60 percent front yard area require professional engineer drainage plan.

(Ord. No. 03-01 (Exh. A, § 42-306), 2-18-2003; Ord. No. O-6-2024 meeting, § 3, 7-9-2024)

A.

Intent and findings:

1.

In the development and execution of this section, it is recognized that there are some uses that, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby causing a deleterious effect upon the adjacent areas. These uses are referred to in this section as "adult regulated uses."

2.

The proximity of adult regulated uses to certain uses considered particularly susceptible to the negative impacts or the concentration of adult uses tends to erode the quality of life, adversely affect property values, disrupt business investment, encourage residents and businesses to move or avoid the community, increase crime and contribute a blighting effect on the surrounding area.

3.

This section describes the uses regulated and the specific standards needed to ensure that the secondary adverse effects of these uses will not contribute to the deterioration of the surrounding neighborhood, to prevent undesirable concentration of these uses and to require sufficient spacing from uses considered most susceptible to negative impacts. Such deleterious secondary effects of the uses so regulated have been recognized and documented in other communities in the form of studies and reports reviewed and considered by the council.

4.

It is the purpose of this section to regulate adult regulated uses to promote the health, safety, morals and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the continued deleterious location and concentration of adult regulated uses within the city. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this section to condone or legitimize the distribution of obscene material.

B.

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

Adult arcade and mini motion picture theater: Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Adult bookstore, adult novelty store and adult video store: A commercial establishment which offers for sale or rental for any form of consideration, and which has as a substantial or significant portion of its stock in trade, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides or other visual representations, recordings, other audio matter, and novelties or devices which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. The adult bookstore, adult novelty store or adult video store may have other principal business purposes that do not involve the offering for sale or rental of materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such establishment from being categorized as an adult bookstore, adult novelty store or adult video store so long as a substantial or significant portion of its business includes the offering for sale or rental for consideration of the specified materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Adult booth: A small enclosed or partitioned area inside an adult regulated use which is:

a.

Designed or used for the viewing of books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes, slides or other visual representations, recordings, and novelties or devices which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas by one or more persons; and

b.

Accessible to any person, regardless of whether a fee is charged for access.

c.

The term "adult booth" does not include a foyer through which any person can enter or exit the establishment, or a restroom.

Adult cabaret: A nightclub, cafe, restaurant, lounge, bar or similar establishment (which may or may not include the service of food or beverages), where male or female impersonators, dancers, entertainers, waiters, waitresses or employees regularly provide live performances which are distinguished or characterized by their emphasis on specified anatomical areas or specified sexual activities for observation by or entertainment of patrons, guests and/or members.

Adult model studio: Any place where a person who displays specified anatomical areas is regularly provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. Such an establishment includes but is not limited to the following activities and services: modeling studios, body painting studios, wrestling studios, individual theatrical performances or dance performances, barbershops or hair salons, carwashes and/or convenience stores. An adult personal service establishment shall not include a proprietary school licensed by the state or a college, junior college or university supported entirely or in part by public taxation, or a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation, or in a structure:

a.

That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing;

b.

Where in order to participate in a class a student must enroll at least three days in advance of the class; and

c.

Where no more than one nude or semi-nude model is on the premises at any one time.

Adult motel: A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration, and provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, and has a sign visible from the public right-of-way, which advertises the availability of this adult type of photographic reproductions, or offers a sleeping room for rent for a period of time that is less than ten hours, or allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

Adult motion picture theater: A commercial establishment where, for any form of consideration, films, motion pictures, videos, slides or other photographic reproductions are regularly shown in which a substantial portion of the total presentation is devoted to the showing of material which is distinguished or characterized by its emphasis on the depiction, description or relation to specified sexual activities or specified anatomical areas for observation by or entertainment of patrons, guests and/or members.

Adult outdoor motion picture theater: A commercial establishment having an open lot or part thereof with appurtenant facilities devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions for any form of consideration to persons in motor vehicles or in outdoor seats, and presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by or entertainment of patrons, guests and/or members.

Adult physical culture business: Any commercial establishment, club or business, by whatever name designated, which regularly offers or advertises or is equipped or arranged to provide massages, body rubs, alcohol rubs, physical stimulation, baths or other similar treatment by any person. An adult physical culture business may include but is not limited to establishments commonly known as massage parlors, health spas, sauna baths, Turkish bathhouses, and steam baths. The following uses shall not be included within the definition of an adult physical culture business:

a.

Businesses which routinely provide such services by a licensed physician, a licensed chiropractor, a licensed osteopath, a licensed physical therapist, a licensed practical nurse practitioner, a professional massage therapist or any other similarly licensed medical professional, pursuant to section 14-72;

b.

Fitness and recreation centers;

c.

Electrolysis treatment by a licensed operator of electrolysis equipment;

d.

Continuing instruction in martial or performing arts, or in organized athletic activities;

e.

Hospitals, nursing homes, medical clinics or medical offices;

f.

Barbershops or beauty parlors and salons which offer massages to the scalp, the face, the neck or the shoulders only; and

g.

Adult photography studios whose principal business does not include the taking of photographs of specified anatomical areas.

Adult regulated use: An adult physical culture business, adult bookstore, adult novelty store, adult video store, adult theater, adult cabaret, adult motion picture theater, adult outdoor motion picture theater, adult arcade or mini motion picture theater, adult motel, adult booth, or adult personal service establishment.

Adult theater: A commercial establishment which is a theater, concert hall, auditorium or similar commercial establishment, either indoor or outdoor in nature, which, for any form of consideration, regularly features live performances which are distinguished or characterized by their emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by guests, patrons and/or members. An adult theater does not include a theater, concert hall, auditorium or similar establishment which, for any fee or consideration, regularly features live performances which are not distinguished or characterized by their emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the primary purpose of the performance.

Commercial establishment: Any business, location or place which conducts or allows to be conducted on its premises any activity for commercial gain.

Employee: A person who performs any service on the premises of an adult regulated use on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise, and whether or not the person is paid a salary, wage or other compensation by the operator of the adult regulated use. The term "employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises or for the delivery of goods to the premises.

Establishment: The site or premises on which an adult regulated use is located, including the interior of the establishment or portions thereof, upon which certain activities or operations are being conducted for commercial gain.

Nude and partially nude: Having attire which reveals specified anatomical areas.

Specified anatomical areas: A portion of the human body defined as follows:

a.

Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below the point immediately above the top of the areola.

b.

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified sexual activities: The explicit display of one or more of the following:

a.

Human genitals in a state of sexual stimulation or arousal.

b.

Acts of human masturbation, sexual intercourse or sodomy.

c.

Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.

C.

Special land use permit required; standards for operation:

1.

Adult regulated uses are permitted as a special land use after approval by the planning commission. The planning commission shall provide notice and hold a public hearing as required by section 42-461.

2.

The planning commission's review shall be limited to the determination as to whether the conditions and requirements of this section concerning adult regulated uses are met. If the applicant has met all of the conditions contained in this section, the planning commission shall approve the conditional use permit. The planning commission shall hold a public hearing and approve or deny the issuance of a conditional use permit within 30 days after receipt of a completed application for an adult regulated use. The following requirements and conditions shall apply:

a.

No person shall operate or maintain an adult regulated use except in the B-3 general business district.

b.

No person shall operate or maintain or cause to be operated or maintained an adult regulated use within 500 feet of:

(1)

A church, synagogue, mosque, temple or other building which is used primarily for religious worship and related religious activities.

(2)

A public or private educational facility, including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. For purposes of this subsection, the term "school" shall include the schoolgrounds, but does not include facilities used primarily for another purpose and only incidentally as a school.

(3)

Family day care homes or group day care homes.

(4)

An entertainment use which has as its principal use children or family entertainment.

(5)

A zoning lot devoted to a residential use.

(6)

Any other adult regulated use.

(7)

A public park or recreational area which has been designated for park or recreational activities, including but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis court, wilderness area or other similar public land within the city which is under the control, operation or management of the city department of parks and recreation.

(8)

The zoning district boundary of a residential district as defined in this article.

c.

For purposes of the uses listed in subsections b(1) through (6) of this subsection, the distance limitations shall be measured in a straight line without regard to intervening structures or objects from the zoning lot occupied by the adult regulated use to the nearest point of the zoning lot occupied by any of the uses so listed in subsections b(1) through (6) of this subsection.

d.

For purposes of subsections b(7) and (8) of this section, the distance limitations shall be measured in a straight line without regard to intervening structures or objects from the zoning lot occupied by the adult regulated use to the nearest point of the property line occupied by the public park or other recreational areas so listed in subsection b(7) of this subsection or the zoning district boundary of the residential district as provided in subsection b(8) of this subsection.

e.

No building, premises, structure or other facility that contains any adult regulated use shall contain any other kind of adult regulated use.

f.

Adult regulated uses shall comply with all sign requirements under this article. Where inconsistencies exist between the provisions of this section and the sign requirements in this article, the provisions of this section shall control.

g.

No advertisement, display of product or entertainment on the premises, signs or other exhibits which depict, describe or relate to specified sexual activities and/or specified anatomical areas shall be displayed in window areas or any other area where they can be viewed by pedestrians and motorists on any street, sidewalk or other public place.

h.

No person shall reside in, or permit any person to reside in, the premises of an adult regulated use.

i.

No person operating an adult regulated use shall permit any person under the age of 18 to be on the premises of the business either as an employee or customer.

j.

No person shall become the lessee or sublessee of any property for the purpose of using the property for an adult regulated use without the express written permission of the owner of the property for such use and appropriate approvals from the city.

k.

The building and site, including building openings, entries, exits and windows, shall be designed, constructed and maintained so that material, entertainment and/or performances which depict, describe or relate to specified sexual activities and/or specified anatomical areas cannot be observed by pedestrians and motorists on any street, sidewalk or public right-of-way, or from an adjacent land use.

l.

The adult regulated use shall satisfy all landscaping requirements of this article. The adult regulated use shall also demonstrate that the site meets all of the traffic and access management standards of the city. The site shall include a diagram that shows all land use zoning districts and any of the uses described in subsection C.2(b) of this section which are located within 500 feet of the proposed adult regulated use. The diagram shall be drawn to a scale of not greater than one inch equals 20 feet.

D.

Change of use by lessee: No lessee or sublessee of any property shall convert that property from any other use to an adult regulated use without the express written permission of the owner of the property for such use and the appropriate approvals from the city.

E.

Reapplication for special land use permit after denial:

1.

No application for an adult regulated use which has been denied wholly or in part shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence not previously known or available or evidence of changed conditions.

2.

If, subsequent to denial of the special land use permit, the applicant demonstrates that the basis for the denial has been corrected or abated, the planning commission may grant a special land use permit if at least 90 days have elapsed since the date the denial of the special land use permit became final.

F.

Expansion:

1.

Adult regulated uses shall not be enlarged, increased or expanded in any manner without first applying for and receiving the approval of the planning commission as provided in this section.

2.

Further, if a use subject to the control of this section is discontinued or abandoned, the use may not be reestablished without applying for and receiving the approval of the planning commission as provided in this section.

3.

For purposes of this section, enlarging, increasing or expanding an adult regulated use shall mean an increase in floor areas occupied by the establishment or business by more than 25 percent as the floor areas exist on the date the special land use permit is granted.

G.

Revocation or modification of special land use permit:

1.

The planning commission may revoke or modify a special land use permit granted to an adult regulated use after a public hearing noticed pursuant to the requirements of the Zoning Act for special land uses, and upon finding by a preponderance of the evidence that one or more of the conditions required by this section has been violated.

2.

Additionally, no special land use permit under this section shall be revoked or modified by the planning commission unless both the owner of record of the zoning lot occupied by the adult regulated use and the owner or operator of the adult regulated use have been sent written notice by first class mail of the basis for the revocation not less than five and not more than 15 days before the public hearing. If, subsequent to revocation, the applicant demonstrates that the basis for the revocation has been corrected or abated, the planning commission may reissue a special land use permit if at least 90 days have elapsed since the date the revocation became effective.

H.

Judicial review: After denial of an application under this section, or denial of a reapplication of an application, or revocation or modification of any special land use permit, the applicant may seek prompt judicial review of such administrative action in any court of competent jurisdiction. The action shall be promptly reviewed by the court in accordance with all applicable statutes and court rules.

(Ord. No. 03-01 (Exh. A, § 42-307), 2-18-2003)

A.

On lakefront lots, the rear yard shall be considered as the portion of the lot facing the waterfront.

B.

See section 42-121.B.2 for requirements for accessory buildings on lakefront lots.

C.

Fences on lakefront lots may be erected, but only chain link, wire, wrought iron, split rail, or other similar fence design as determined by the director; not higher than four feet are permitted in the rear (lakeside) yard.

D.

Pergolas, arbors and similar structures over nine inches in height above grade are permitted in the lakeside yard provided there are no walls, only support posts, and the structures do not exceed eight feet in height.

E.

Lakefront property driveways shall be governed by the requirements under section 42-126, division 3 general provisions.

(Ord. No. 03-01 (Exh. A, § 42-308), 2-18-2003; Ord. No. 19-04, 10-15-2019; Ord. No. O-4-2023 meeting, 8-8-2023; Ord. No. O-6-2024 meeting, § 4, 7-9-2024)

A.

A passive home occupation on a zoning lot conducted by the occupant that meets the following requirements is allowed as an accessory use with no permit being required:

1.

The occupation is conducted as a subordinate use by a member of the family occupying the dwelling unit.

2.

The occupation, or any part thereof, shall be conducted wholly within the dwelling unit and shall not be conducted in any attached or detached accessory building or structure nor on any patio, deck or lawn area.

3.

No person outside the family is employed in the home occupation.

4.

Not more than 25 percent of the total floor area of any one floor of the dwelling unit, or 25 percent of the basement, is used for the home occupation.

5.

The home occupation does not require interior or exterior alterations of the dwelling unit or the use of mechanical or electronic equipment not customarily used in a dwelling unit.

6.

There shall be no sign of any nature identifying the home occupation. The use of window displays are not permitted.

7.

The home occupation does not produce or generate, in any way, noise, odor, dust, fumes, smoke, glare or comparable nuisances which would cause negative effects on surrounding property. No passive home occupation shall be permitted to use, store or produce any hazardous materials in excess of quantities permitted in residential structures.

8.

The home occupation does not generate pedestrian or vehicular traffic beyond that normally generated by a dwelling unit.

9.

Off-street parking shall be provided on an improved driveway that fulfills the requirements of Article 5, Section 24-111, Definitions, and there shall be no other vehicular parking other than the off-street parking facilities normally required for the residential use.

10.

The storage of goods, materials or equipment which is incidental to the services of the home occupation is permitted only within the enclosed sections of the one-family dwelling unit. The storage of goods, materials or equipment in any attached or detached accessory building or structure is not permitted.

11.

No goods or products shall be directly sold or delivered to customers on the premises of the one-family dwelling except goods and products which are incidental to the services of the home occupation.

12.

No condition or requirement stated for passive home occupations shall prohibit the growing of fruits, vegetables or flowers, or any other farm product, protected by the Michigan Right to Farm Act, Act 93 of 1981, as amended, provided that the farm produce is grown, raised or produced on the zoning lot occupied by the home occupation and is for commercial purposes and meets all other applicable laws and rules, including the Generally Accepted Agricultural and Management Practices ("GAAMPs") as promulgated by the Michigan Department of Agriculture.

B.

An active home occupation on a zoning lot where there is a one-family residential dwelling unit may be conducted by the occupant if approved by the Planning Commission after a public hearing in accordance with the requirements of Section 103 of the Michigan Zoning Enabling Act, MCLA 125.3101 et seq., as amended, and finding that the application of the occupant meets the following requirements:

1.

No more than one person other than the full-time occupant(s) of the one-family dwelling unit shall be engaged in the conduct of the active home occupation on the zoning lot. The Planning Commission may allow two full-time non-occupant employees upon request. In making its determination, the Planning Commission shall make a finding that the increase to two full-time non-occupant employees does not adversely impact adjacent residential uses, shall consider the standards contained in section 42-129.B.11. and may impose conditions under section 42-129.B.12. The home occupation is personal to the full-time occupant engaged in the conduct of the active home occupation and is not transferrable without Planning Commission approval.

2.

Not more than 25 percent of the total floor area of any one floor of the one-family dwelling unit, or 25 percent of any basement, and provided that no more than 400 square feet of the dwelling unit is occupied by the active home occupation. The Planning Commission may allow an increase in the floor area of the existing dwelling unit to be used for the home occupation not to exceed a maximum of 50 percent of the floor area of any one floor or basement of the dwelling unit. The Planning Commission shall make a finding that the increase of floor area used for the home occupation does not adversely impact adjacent residential uses and the increase in floor area used for the home occupation complies with the requirements contained in section 42-129.B.11.a. through f. below.

3.

There shall be no alterations or exterior treatments to the zoning lot or structures on the zoning lot which would, in any way, change its residential character or appearance.

4.

Off street parking provided for the active home occupation shall be provided on an improved driveway that fulfills the requirements of Article 5, Section 24-111, Definitions. There shall be no other vehicular parking other than the off-street parking facilities normally required for the residential use.

5.

No goods or products shall be directly sold or delivered to customers on the premises of the one-family dwelling except goods and products which are incidental to the services of the home occupation.

6.

Storage of materials, equipment and goods which is incidental to the services of the home occupation shall be permitted only within the enclosed sections of the one-family dwelling unit or within not more than 50 percent of the total floor area of a completely enclosed accessory building.

7.

The active home occupation, or any part thereof, shall not be conducted in any attached or detached accessory building or structure nor on any patio, deck or lawn area, except outdoor areas may be used for instruction in recreational activities customarily associated with residential uses including, but not limited to, swimming lessons and tennis lessons.

8.

Materials, equipment and goods shall not be visible from adjacent properties.

9.

There shall be no sign of any nature identifying the home occupation except a non-illuminated wall signage (maximum of six square feet) identifying the name of the active home occupation may be affixed to the one-family dwelling unit. The use of window displays are not permitted.

10.

The active home occupation shall not produce or generate excessive or undue noise, odor, dust, fumes, smoke, glare or comparable nuisances which would cause negative effects on surrounding property. No active home occupation shall be permitted to use, store or produce any hazardous materials in excess of quantities permitted in residential structures.

11.

The Planning Commission shall consider whether the use and the expected conduct of the use associated with the active home occupation application submitted by the occupant is within an acceptable range of compatibility appropriate for the surrounding area and does not present undue safety hazards. In its determination, the Planning Commission shall consider whether the use and expected conduct of the use specified in the application by the occupant:

a.

Promotes the intent and purpose of this section;

b.

Sufficiently mitigates adverse impacts on the surrounding residential uses of land. The Planning Commission may consider factors including, but not limited to, the following:

i.

The proximity of the surrounding uses to the active home occupation;

ii.

The size of the zoning lot, location of driveways, topography, vegetation, location of structures and other features of the zoning lot;

iii.

The seasonal nature of the active home occupation;

iv.

The size and weight of vehicles to be used in the active home occupation; and

v.

The number of trips the vehicle to be used in the home occupation is expected to make to and from the property;

c.

Does not unduly affect the capacities of public services or facilities;

d.

Is consistent with the public health, safety and welfare;

e.

Is harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan; and

f.

Is planned and designed to ensure that the nature and intensity of the use and the site layout and its relation to the streets giving access to it, is not hazardous to the area and does not unduly conflict with normal traffic.

12.

The Planning Commission may attach conditions to the application by the occupant to conduct an active home occupation deemed necessary for the general welfare, for the protection of individual property rights, to mitigate any negative impacts on the surrounding residential uses of land including the number of customers allowed on the zoning lot at any one time, hours of operation, and similar factors, and any condition allowed by MCLA 125.3504(4) of the Michigan Zoning Enabling Act, as amended.

13.

No condition or requirement stated for active home occupations shall prohibit the growing of fruits, vegetables or flowers, or any other farm product, protected by the Michigan Right to Farm Act, Act 93 of 1981, as amended, provided that the farm produce is grown, raised or produced on the zoning lot occupied by the home occupation and is for commercial purposes and meets all other applicable laws and rules, including the Generally Accepted Agricultural and Management Practices ("GAAMPs") as promulgated by the Michigan Department of Agriculture.

C.

Medical marihuana home occupation. A primary caregiver acting in compliance with the General Rules of the Michigan Department of Licensing and Regulatory Affairs ("general rules"), the Michigan Medical Marihuana Act, MCL 333.26421 et seq., (the "Act") and the requirements of this section, may be allowed as a home occupation. The conditions and requirements contained in section 42-129.A and B (passive and active home occupations) shall not be applicable to medical marihuana home occupations under this section and no permit under the Portage Zoning Code is required for a medical marihuana home occupation. The following requirements for a primary caregiver as a home occupation shall apply:

1.

A primary caregiver shall comply at all times and in all circumstances with the Act and the general rules of the department as they may be amended from time to time.

2.

The home occupation may be conducted in a dwelling unit (as defined by the Zoning Code), in an accessory building, or outdoors, where no more than one primary caregiver:

a.

Cultivates up to the maximum number of marihuana plants permitted by the Act (12 for each qualifying patient);

b.

Possesses up to the maximum amount of marihuana or marihuana-infused products permitted by the Act;

c.

Assists no more than the maximum number of qualifying patients permitted by the Act (maximum of five) who have been issued and possess a registry identification card and who are connected with the primary caregiver through the department's registration process for the medical use of marihuana. Assistance to a qualifying patient by someone other than his or her designated primary caregiver is prohibited;

d.

Does not separate marihuana resin from marihuana plants by butane extraction on the premises of the medical marihuana home occupation; and

e.

Does not store any chemicals such as herbicides, pesticides, and fertilizers inconsistent with the provisions of the Portage Code of Ordinances including but not limited to the International Fire Code as adopted by the code.

f.

Does not produce or generate, in any way, noise, odor, dust, fumes, smoke, glare or comparable nuisances which would cause negative effects on surrounding property.

3.

The following shall apply to a primary caregiver conducting a home occupation under this section:

a.

Considering the federal "Drug Free School Zone" requirements, the medical marihuana home occupation shall not be located:

i.

Within 500 feet from the real property comprising a public or private elementary, vocational or secondary school or a public or private college, junior college or university, a childcare center, a playground, a housing facility owned by a public housing authority; or

ii.

Within 100 feet of a public or private youth center, public swimming pool, or video arcade facility.

b.

Measurements for purposes of subsection C.3.a.i and ii. above shall be made from the property boundary of the zoning lot occupied by the home occupation to the nearest point of the property occupied by any of the uses listed above, using an uninterrupted straight line without regard to intervening structures or objects. "Zoning lot" is defined by article 42, section 42-112, definitions, of the Portage Code of Ordinances, as amended. A map showing the uses and facilities listed in subsection C.3.a above, as well as the protected areas, is available for review in the department of community development at the Portage City Hall and on the city's website under the department of community development.

c.

The distance provisions of this subsection do not apply to a primary caregiver whose qualifying patient(s) (up to the maximum permitted under the Act) are permanent residents of the primary caregiver's household and whose residence is shared with the primary caregiver.

4.

If the primary caregiver is not an owner of the premises, nothing contained in this section shall limit an owner of the premises from prohibiting the home occupation on the premises occupied by the primary caregiver nor limit an owner's right to pursue any private right of action allowed by law.

5.

All medical marihuana plants and medical marihuana-infused products shall be contained in an enclosed, locked facility inaccessible on all sides and equipped with locks or other security devices that permit access only by the primary caregiver or qualifying patient. Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either a registered qualifying patient or the primary caregiver for the registered qualifying patient or patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the structure is located.

6.

The home occupation shall be conducted consistent with the Portage Code of Ordinances including but not limited to securing all building, electrical, plumbing and mechanical permits for any portion of the residential structure in which electrical wiring, lighting, and/or watering devices are located, installed or modified that support the cultivation, growing or harvesting of marihuana, compliance with article 4, chapter 24, noise, article 5, chapter 24, safety, sanitation and health, as well as article 14, chapter 42, Housing/Property Maintenance Code. If a room with windows is utilized as a marihuana growing location, any lighting methods that exceed usual residential use between the hours of 11:00 p.m. and 6:00 a.m. shall employ shielding methods, without alteration to the exterior of the residence, to prevent ambient light spillage that causes or creates a distraction or nuisance to adjacent residential properties.

7.

Qualifying patients may visit the site for the purposes permitted under the Act only during the hours of 8:00 a.m. to 8:00 p.m. No more than five qualifying patients may visit the site at any one time.

8.

Off street parking provided for the home occupation shall be provided on an improved driveway that fulfills the requirements of article 5, section 24-111, definitions, of the Portage Code of Ordinances, as amended. There shall be no other vehicular parking other than the off street parking facilities normally required for the residential use.

9.

There shall be no sign of any nature identifying the home occupation and the use of window displays is not permitted.

10.

The location and operation of a marihuana facility pursuant to the provisions of the Michigan Medical Marihuana Facilities Licensing Act, Public Act 281 of 2016, MCL 333.27101 et seq., as a home occupation is prohibited.

11.

Nothing in this section, or in any companion regulatory provision adopted in any other provision of this Code is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with the Act and the general rules and this section. To this end, the sale, distribution, cultivation, manufacture, possession, delivery or transfer of marihuana to treat a qualifying patient shall only be conducted as a home occupation, and shall not be permitted in any other zoning classification of this Zoning Code. Also, since federal law is not affected by the Act or the general rules, nothing in this section, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law. Neither this section nor the Michigan Medical Marihuana Act protects users, caregivers or the owners of properties on which the medical use of marihuana is occurring from federal prosecution, or from having their property seized by federal authorities under the Federal Controlled Substances Act.

12.

Definitions. As used in this section:

a.

Marihuana. This term shall have the meaning given to it in Section 7601 of the Michigan Public Health Code, 1978 PA 368, MCL 333.7106, as is referred to in Section 3(d) of the Michigan Medical Marihuana Act, PA 2008, Initiated Law, MCL 333.26423(d).

b.

Marihuana-infused product. A topical formulation, tincture, beverage, edible substance, or similar product containing any usable marihuana that is intended for human consumption in a manner other than smoke inhalation.

c.

Primary caregiver. A person who is at least 21 years old who has agreed to assist with a patient's medical use of marihuana, who has never been convicted of a felony involving illegal drugs and who has been issued and possesses a registry identification card.

d.

Qualifying patient. A person who has been diagnosed by a physician as having a debilitating medical condition.

e.

Registry identification card. A document issued by the department that identifies a person as a registered qualifying patient or a registered primary caregiver or a document or its equivalent that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana by a visiting qualifying patient, or to allow a person to assist with a visiting qualifying patient's medical use of marihuana.

(Ord. No. 03-01 (Exh. A, § 42-309), 2-18-2003; Ord. No. 11-04, 3-8-2011; Ord. No. 11-11, 7-12-2011; Ord. No. 18-02, 2-27-2018)

A.

The requirements of this section are intended to limit the number of users of lake frontage in order to preserve the quality of the waters, to promote safety, and to preserve the quality of recreational use of all waters within the city.

B.

The restrictions of this section shall apply to all lake front lots and parcels, as defined in division 2 of this article, regardless of whether access to the lake waters shall be by easement, park, common-fee ownership, single-fee ownership, condominium arrangement, license, lease, or similar method.

C.

The restrictions of this section shall also be applicable to any planned development or special land use projects or developments approved under the provisions of this article. Where a planned development or special land use project or development is considered, the planning commission and city council shall consider, in addition to the approval standards applicable to the proposed project that the use will not lead to conflicting waterfront use or additional water surface overcrowding.

D.

Lakefront lots reserved for the use of owners of riparian rights shall conform, in all respects, to the minimum lot area and width requirements of the districts in which they are located.

E.

Use of lakefront lots for the purpose of providing access to such body of water for nonriparian property owners or the occupants/tenants thereof shall not be permitted in any district.

F.

In all zoning districts, no lake access, boat ramps, dock, boat launch, or shoreline abutting a lake shall be utilized for commercial purposes, outdoor recreation (or entertainment) facilities, institution or nonresidential uses or purposes unless such use is authorized under the provisions of the zoning district in which such facilities are to be located.

G.

In addition to the limitations imposed by this section, the nonriparian access and use of lake front lots is prohibited pursuant to section 42-121.A.

(Ord. No. 03-01 (Exh. A, § 42-310), 2-18-2003)

A.

Intent and purpose:

1.

The city finds that the regulation of certain accessory antennas is necessary to serve the public health, safety and welfare.

2.

The city further finds that the location and height of certain accessory antennas over one meter in diameter and over 50 feet high can cause safety hazards to persons and property on the site, as well as to persons and property adjoining the site, to the traveling vehicular and pedestrian public, and can negatively affect property values.

B.

Private accessory antennas, satellite dish antennas, amateur radio antennas and antenna support structures are permitted in any zoning district as an accessory use under the conditions stated in this section. This section shall not apply to the following antennas:

1.

A satellite earth station antenna that is two meters or less in diameter and is located or proposed to be located in any commercial or industrial district as referenced in 47 CFR 25.104(b)(1)(i).

2.

A satellite earth station antenna that is one meter or less in diameter in any zoning district as referenced in 47 CFR 25.104(b)(1)(ii).

3.

Any antenna that is one meter or less in diameter and is designed to receive direct broadcast satellite service, video programming services via multipoint distribution services, instructional television fixed services, and local multipoint distribution services as referenced in 47 CFR 1.4000(a)(1).

4.

An antenna that is designed to receive television broadcast signals (TVBS) as referenced in 47 CFR 1.4000(a)(1).

C.

The following conditions and requirements shall apply to all accessory antennas permitted under this section, and not excluded under B, above. No installation of an antenna or support structure shall commence before the department of community development has issued a permit.

1.

An antenna in any residential district shall not extend more than ten feet above the roof line or be greater than 50 feet in height from grade, except that an antenna erected for the purpose of receiving or transmitting communications by an amateur radio station described in 47 USC § 153Q, or ham radio, and operated under a license issued by the Federal Communications Commission, may be erected to a height of 70 feet above grade.

2.

No antenna of greater than five feet in diameter may be placed on the roof of a principal or accessory building in any residential district. These antennas produce an adverse impact on surrounding dwellings and views therefrom.

3.

Structures controlled under the provisions of this section, including guys, are prohibited in any front yard of a lot or parcel in any residential or commercial district.

4.

No antenna attached to a building or structure shall be mounted higher than necessary to receive an acceptable quality signal.

5.

Except as modified by the requirements of this section, antennas shall comply with setback requirements of the district in which they are located, provided that antennas shall be set back from the nearest property line a distance equal to the height of the structure, with the exception of amateur radio antennas.

6.

Antennas shall not be permitted in front yards.

D.

Antennas requiring special land use approval:

1.

The following accessory antennas and support structures must be reviewed by the planning commission as a special land use subject to the requirements of this subsection.

a.

Antennas over ten feet above the roofline of a building or structure (whether roof mounted or ground mounted).

b.

Antennas greater than 50 feet above grade.

c.

A ham radio antenna operated under a license issued by the FCC, or an amateur radio station, either being more than 70 feet above grade.

2.

Antennas receiving a special land use approval shall meet the general standards of section 42-462 and the following:

a.

The antenna shall be accessory to a principal use on the lot and will not be used for commercial activity.

b.

The support structure and facilities shall meet the construction, design and safety requirements imposed upon towers and/or roof mounted structures pursuant to the provisions of this section, where such provisions can be reasonably applied considering the location, surrounding uses and structures, and other features of the site;

c.

The planning commission may consider any other condition that may affect adjoining property or create any other adverse impacts.

E.

Variances: A proposed antenna or support structure that does not comply with the requirements of this section may be the subject of a variance request to the zoning board of appeals. In addition to the variance review standards of section 42-622, the board shall apply the standards imposed by any applicable federal statutes and FCC regulations.

F.

Satellite dish antennas and structures in existence at the date of the adoption of this section which do not comply with the provisions of this section, are considered to be nonconforming uses and/or structures, subject to the restrictions imposed on nonconforming structures and/or uses by section 42-133, unless pre-empted or limited by the Federal Communications Commission rules.

G.

The accessory antennas regulated herein are intended to be consistent with FCC regulation 47 CFR 25.104 and FCC regulation 47 CFR 1.4000. Any provision herein that materially limits transmission reception or imposes more than minimal cost on users of a regulated satellite transmission or receiving dish antenna is determined by the city to be reasonable since it has a health, safety or aesthetic objective and does not unnecessarily burden access to services or fair competition.

(Ord. No. 03-01 (Exh. A, § 42-311), 2-18-2003)

A.

Special events may be permitted on any zoning lot in a B-1, B-2, B-3, CPD or PD zoning district, except those on which the main use is a one-family detached or two-family dwelling, subject to the conditions of this section.

B.

Permit requirements.

1.

A permit for the special event shall be obtained from the department of community development prior to the event.

2.

An application for the permit shall be submitted at least 15 days prior to the planned event.

3.

The department of community development shall review the application for consistency with the requirements of this section and upon approval, the applicant will be given a special event permit listing all conditions of the approval.

4.

The application shall include the following:

a.

An application fee, as established by the city council.

b.

A sketch of the property at a scale of one inch equals 20 feet showing the location of any proposed structures, signs, parking areas, or other activity/use areas.

c.

A written description of the special event indicating activities, dates of the event, time period of the event, and safety precautions for pedestrians and traffic.

d.

A signed letter from the property owner, business owner and/or property manager, granting permission for the special event to be conducted on the property.

5.

The director of community development may impose any conditions deemed necessary to protect the public health, safety and welfare. The conditions shall serve to carry out the requirements of this section as well as conditions that mitigate adverse impacts on the subject property, adjoining property, traffic and the neighborhood, but the conditions shall not involve permanent improvements to the zoning lot.

6.

Any denial of a permit or condition required by the director may be appealed to the zoning board of appeals pursuant to section 42-622.A.

C.

Any activity areas related to the special event shall be set back at least ten feet from all property lines and 50 feet from any abutting residential district (except the RM-1 or RM-2 districts) property line.

D.

Any temporary structure utilized in conjunction with the special event must meet the setback requirements of the zoning district.

E.

Adequate measures must be indicated to delineate/separate pedestrian and/or vehicle traffic in relation to the special event.

F.

During the special event, an existing changeable copyboard and/or electronic message display sign on the site of the special event may be utilized. In addition, one 40 square foot temporary sign may be displayed during the event. An electronic message display may be utilized provided such signs comply with the provisions of section 42-542(I). The sign shall be setback ten feet from any property line and shall not exceed the height specified for signs in the zoning district in which it is located. The sign shall not require a separate sign permit provided information regarding the proposed sign is submitted with the application for the special event and is approved by the city prior to display of such sign.

G.

No more than four special events annually shall be held on any zoning lot. The special events may not total more than 28 days annually. (For example, a business may have one 28-day event, two 14-day events, or four seven-day events, but may not have ten two-day events.)

(Ord. No. 03-01 (Exh. A, § 42-312), 2-18-2003; Ord. No. 14-03, 3-11-2014)

A.

General requirements.

1.

It is the intent of this article to permit nonconforming lots, buildings, structures or uses to continue until they are removed, but not to encourage their survival.

2.

It is recognized that there exist, within the districts established by this article, lots, buildings, structures and uses of land and structures which were lawful before this article was adopted or amended, which would be prohibited, regulated or restricted under this article or future amendments thereto. Nonconformities are declared by this article to be incompatible with permitted uses in the districts involved.

3.

It is further the intent of this article that nonconformities shall not be enlarged upon, expanded or extended or used as grounds for adding other structures or uses prohibited elsewhere in the same district.

4.

The following are declared to be an extension or enlargement of a nonconformity and are hereby prohibited:

a.

Attachment on a nonconforming structure, building, or use of additional signs intended to be seen from off the premises.

b.

The addition of other uses to an existing nonconforming use of a nature that would be prohibited generally in the district involved.

5.

To avoid undue hardship, nothing in this article shall be deemed to require a change in the plans, construction or designated use of a building on which actual construction was lawfully begun prior to December 14, 1965, or prior to the effective date of amendment of this article, and upon which actual building construction has been diligently carried on. As used in this section, the term "actual construction" includes the placing of construction materials in a permanent position and fastening them in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall also be deemed to be actual construction, provided that work is diligently carried on until completion of the building involved.

B.

Nonconforming lots.

1.

Any nonconforming lot existing and of record on December 14, 1965, may be used for any principal permitted use or special land use, (after approval in accordance with division 5, subdivision 1) in the district in which it is located, provided that any specific lot area requirements for a special land use are satisfied.

2.

Except as noted in division 4, subdivision 10, Schedule of Regulations, any use established on a nonconforming lot shall meet all other requirements of division 4, subdivision 10, Schedule of Regulations, other than lot area and width, of the district in which it is located. Yard requirement variances may be applied for through the zoning board of appeals.

3.

If there exists two or more nonconforming lots or combinations of nonconforming lots and portions of lots with continuous frontage and in single ownership, the lands involved shall be considered to be an undivided parcel for the purposes of this article.

4.

No division of a nonconforming parcel shall be made which leaves remaining any lot with a width or area below the requirements stated in this article.

C.

Nonconforming uses.

1.

No nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than was occupied at the time it became nonconforming.

2.

No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by the use.

3.

A nonconforming use may be extended throughout any part of a building manifestly arranged or designed for the use, but no nonconforming use shall be extended to occupy any land outside the building.

4.

Changes to a nonconforming use in business or industrial districts.

a.

If no structural alterations are made, a nonconforming use may be changed to another nonconforming use of the same or a more conforming nature; To determine that the use is the same or more conforming the zoning board of appeals shall find that:

(1)

The proposed use is equally appropriate or more appropriate to the district in terms of intensity of use, operational characteristics, parking requirements, or other similar factors, than the existing nonconforming use;

(2)

The request will not unreasonably extend the duration of the nonconforming use, and

(3)

The proposed use will not adversely affect neighboring properties.

b.

In permitting the change, the board may require appropriate conditions and safeguards in accordance with the purpose and intent of this article.

c.

In any district where a nonconforming use is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use.

5.

Except for seasonal uses, if a nonconforming use is abandoned for any reason for a period of not less than 90 days, any subsequent use shall conform to the requirements of this article. A nonconforming use shall be considered abandoned if a combination of the following conditions exists that is deemed by the director to constitute an intent on the part of the property owner to abandon the nonconforming use:

a.

Utilities and other public services, such as water, gas and electricity to the property, have been discontinued;

b.

The property, buildings, and grounds, have fallen into disrepair;

c.

Sign structures or other indications of the existence of the nonconforming use have been removed;

d.

Removal of equipment or fixtures that are necessary for the operation of the nonconforming use; or

e.

Other actions, which constitute an intention of the part of the property owner or lessee to abandon the nonconforming use.

f.

Failure to institute procedures to rebuild facilities and buildings necessary to conduct the nonconforming use, such as submission of building plans for a building permit, within 90 days from the time the use is discontinued shall also be considered as an intent to abandon the nonconforming use.

6.

There may be a change of tenancy, ownership or management of any existing nonconforming use, provided that there is no change in the nature or character of the nonconforming use.

7.

Any time a nonconforming use is superseded by a use permitted in the district in which it is located, the use shall thereafter conform to the regulations of the district in which it is located, and a nonconforming use may not thereafter be resumed.

8.

Any use for which a special land use or use variance is granted shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in the district.

D.

Nonconforming buildings and structures.

1.

No nonconforming building or structure may be enlarged or altered in a way that increases its nonconformity.

2.

Should a nonconforming building or structure be destroyed by an act of God or the public enemy to an extent of more than 60 percent of its replacement cost, exclusive of the foundation, it shall be reconstructed in conformity with the provisions of this article unless it is reconstructed to its original location within 18 months of the date destroyed.

3.

Should a nonconforming building or structure be moved any distance for any reason, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

4.

The intentional removal or destruction of the nonconforming portion of a building or structure by the property owner or his/her agent shall eliminate the nonconforming status of the building or structure.

5.

Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official, provided that the area of the building as it existed on December 14, 1965, or at the time of amendment of this article is not increased.

6.

Notwithstanding any other standards in this section, within one year of demolition an existing residential detached garage which does not meet the front yard setback may be rebuilt if it faces the street and is located at least 20 feet away from front property line (ROW) or at least 15 feet from the front property line (ROW) if it does not face the street.

(Ord. No. 03-01 (Exh. A, § 42-313), 2-18-2003; Ord. No. O-6-2024 meeting, § 3, 7-9-2024)

State Law reference— Nonconforming uses and structures, MCL 125.583a, MSA 5.2933(1).

A.

Intent: Because helistops service an area larger than the city, require sizable land areas, have the potential to create problems with uses established on abutting lots, and possess unique operational characteristics, it is impractical to include them in a specific use district classification.

B.

Helistops may be reviewed by the planning commission as a special land use after application and under the requirements and conditions specified in this section, and the requirements of division 5, subdivision 1 of this article, including the required public hearing.

C.

In addition to the procedures and requirements of division 5, subdivision 1, the planning commission may impose those conditions deemed necessary for the protection of adjacent residential neighborhoods and property owners, the city's interest in safety, and protection of property values.

D.

Helistops:

1.

It shall be unlawful to take off and land helicopters anywhere within the city except at an approved helistop for which a special land use permit has been issued as provided in this section, unless such landing or takeoff is done:

a.

In conjunction with a one-time special event, such as an athletic contest, holiday celebration, parade or similar activity, after reasonable advance notice has been given to the city police department.

b.

When necessary for on-site emergencies.

2.

Helistops are not permitted on property used for residential purposes, or in any residential zoning district.

3.

Helistops shall meet the following conditions:

a.

The helistop shall be located at least 500 feet from any property line and 1,000 feet from any existing residentially used structure, any residential zoning district, or any property designated as a residential planned development or residential area of any planned development district.

b.

The setbacks of 3, a, above, may be increased or decreased by the planning commission after consideration of the number of flights, hours of operation, types of aircraft, number of aircraft, types of existing land uses in the area, topography, proximity to natural corridors, and other factors relevant to the protection of adjacent property.

c.

All takeoff, landing and parking areas of the helistop shall be surfaced with a dustproof material made of concrete or asphalt and maintained to ensure that dust, dirt or other matter will not be blown onto adjacent property by aircraft operations.

d.

In addition to the site plan required by division 5, subdivision 1 of this article, a detailed site plan of the helistop must be provided, showing the layout of the helicopter landing and parking areas, fire suppression equipment and access, fences, landscaping, lights, walkways, adjacent streets and other details which relate to development standards, as well as proposed flight path locations, slopes and other necessary details.

e.

A copy of Federal Aviation Administration Form 7480-1, Notice of Landing Area Proposal, and evidence that it has been filed with and approved by the Federal Aviation Administration, is required.

4.

Safety standards.

a.

All helistops must meet the most stringent safety standards, since pilots of varying familiarity with the flight path locations, wind effects and facility layouts use them. To meet this highest level of safety, such facilities must meet all recommended standards of the Federal Aviation Administration Heliport Design Guide, Advisory Circular 150/5390-2A, and any amendment thereto. Any condition of approval in the Federal Aviation Administration Heliport Design Guide is hereby included as a condition of any special land use approval.

b.

All helistops must meet the safety standards as required by any state law or agency regulations of the state.

c.

All helistops must meet fire suppression and safety standards of the city fire marshal.

(Ord. No. 03-01 (Exh. A, § 42-314), 2-18-2003)

A.

Purpose: The purpose of this section is to establish general and specific resolutions for the siting of wireless communications towers and antennas. The goals of this section are to:

1.

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

2.

Encourage the location of towers in nonresidential areas;

3.

Minimize the total number of towers throughout the community;

4.

Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

5.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

6.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques;

7.

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;

8.

Consider the public health and safety aspects of communication towers; and

9.

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

B.

In furtherance of these goals, the city shall give due consideration to the comprehensive plan, zoning map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.

C.

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

Abandonment:

a.

To cease operation for a period of 60 or more consecutive days;

b.

To reduce the effective radiated power of an antenna by 75 percent for 60 or more consecutive days; or

c.

To reduce the number of transmissions from an antenna by 75 percent for 60 or more consecutive days.

Adjacent lot:

a.

A zoning lot which borders upon or abuts the subject lot at any point; or

b.

A zoning lot which is separated from the subject zoning lot by a street, alley or other public or private easement even if its property line does not abut or touch the subject zoning lot.

Alternative tower structure (ATS) or stealth tower: Manmade trees, clock towers, bell steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Ancillary facilities: The buildings, cabinets, vaults, closures and equipment required for operation of telecommunication systems including but not limited to repeaters, equipment housing, and ventilation and other mechanical equipment.

Antenna: 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 telecommunications signals or other communication signals, including, but not limited to, directional antenna or panel antenna, omni-directional antenna, or whip antenna.

Antenna structure or support: Any pole, telescoping mast, tower, tripod or other structure which supports a device used in the transmitting or receiving of radio frequency signals.

Application: The process by which the owner of a parcel of land submits a request to develop, construct, build, modify or erect a transmission tower upon such parcel of land. Application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the city concerning such a request.

Backhaul network: The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

Construction of an ATS: The erection, installation or modification of an ATS or the attachment of an antenna to an existing alternative-design mounting structure.

Collocation: Placement of an antenna or other equipment for more than one provider on an existing transmission tower, building, light or utility pole or other similar facility where the antenna and all supports are located on the existing structure.

FAA: The Federal Aviation Administration.

FCC: The Federal Communications Commission.

Height or tower height: When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

Person: Means any natural person, firm or partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.

Personal wireless service, personal wireless service facilities and facilities: The meanings assigned in 47 USC § 332(c)(7)(C), as amended, and includes facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications services, enhanced specialized mobile radio, and any other wireless services licensed by the FCC and unlicensed wireless services.

Provider: A person in the business of designing and using telecommunication facilities, including cellular, radio, telephones, personal communication services, and hand/specialized mobile radios, and commercial paging services.

Telecommunications facilities: Any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a transmission tower or antenna support structure. However, the term telecommunications facilities shall not include any satellite earth station antenna one meter or less in diameter, regardless of zoning category.

Tower: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term encompasses personal wireless service facilities as provided in 47 USC § 332, as amended, including radio and television towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. For the purposes of this section, amateur radio transmission facilities are not transmission towers.

D.

Applicability:

1.

No telecommunication facility, tower or antenna, as defined in this section, may be constructed, modified to increase its height, installed or otherwise located within the city unless the provisions in this section are satisfied.

2.

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

3.

This section shall not govern the following:

a.

Any tower, or the installation of any antenna, that is less than 70 feet in height and is owned and operated by a federally licensed amateur radio station operator.

b.

Mobile services providing public information coverage of news events of a temporary nature.

c.

All residential and commercial accessory antennas and their necessary support structures permitted and regulated under section 42-131.

4.

Preexisting towers or antennas. A tower and/or antenna existing on July 27, 1999, shall be allowed to continue as it presently exists, and shall not be required to meet the requirements of this section, other than the requirements of subsection E.6 and 7 (state or federal requirements, building codes, and safety standards), and shall be considered nonconforming use pursuant to section 42-133.C (Nonconforming uses). Routine maintenance shall be permitted on an existing tower and/or antenna.

5.

AM array. For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

E.

General requirements: All applications for telecommunication facilities and towers shall comply with the following unless specifically excluded.

1.

Principal or accessory uses: Towers may be considered either principal or accessory to nonresidential uses.

2.

Lot size: For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire zoning lot shall control, even though the antennas or towers may be located on leased property within the zoning lot.

3.

Inventory of existing sites: Each applicant for an antenna and/or tower shall provide an inventory of all existing towers, antennas, or sites approved for towers or antennas, that is either within the jurisdiction of the city and within one mile of the border thereof, including specific information about the location, height and design of each tower and coverage of each antenna. The director may share such information with other applicants applying for special land use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the city; provided, however, that the director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

4.

Aesthetics: Towers and antennas shall meet the following requirements:

a.

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.

b.

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.

c.

If an antenna is installed on a structure other than a tower, the antenna and 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.

5.

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. In cases where there is a residential use located within a distance which is 300 percent of the height of the tower from the tower and required by federal law, dual mode lighting shall be requested from the FAA.

6.

State or federal requirements: All towers 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 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 bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

7.

Building codes; safety standards: To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

8.

Measurement: For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city, irrespective of municipal boundary lines.

9.

Franchises: Owners and/or operators of towers or antennas shall certify that all franchises and permits required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required franchises with the office of the city clerk.

10.

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

11.

Noise reduction: In all residential districts and in other zoning districts when the adjacent property is a residential district or occupied by a residential use, hospice, school, library, park, church or nursing home, noise generating equipment shall be sound buffered by means of baffling, barriers, or other suitable means to reduce sound level measured at the property line to 45 dba. In all other locations, noise shall be regulated by applicable city ordinances.

F.

Principal permitted uses: The uses listed in this section are deemed to be principal permitted uses and shall not require a special land use permit pursuant to this section, but shall require a building permit.

1.

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

2.

Placement or collocation of an antenna on a conforming tower or conforming building, light pole, utility pole, or other similar facility in an I-1, or I-2 district.

3.

Placement or collocation of an antenna on a consumer's energy transmission tower in any district, except any single-family residential district.

G.

Special land uses:

1.

The provisions of this subsection shall govern the issuance of special land use permits for towers and/or antennas by the planning commission in accordance with the requirements of this section as well as division 5, subdivision 1, Special Land Uses. Special land use permits shall be required for the following:

a.

Construction of a new tower or modification of an existing tower in the B-2, B-3, CPD, I-1, or I-2, district. [See subsection H of this section.]

b.

Construction of an alternative tower structure in all zoning districts. [See subsection H of this section.] An ATS is required in all residential districts as well as in PD, OS-1, OTR and B-1 (see Table I).

c.

Placement or collocation of an antenna on an existing conforming tower or conforming building, light pole, utility pole or other similar facility, in all districts except I-1 and I-2. (See subsections N and O of this section. For I-1 and I-2 see subsection F.2.)

d.

Placement or collocation of an antenna on an existing nonconforming tower in all zoning districts. (See subsection P of this section.)

e.

Placement or collocation of an antenna on a consumer's energy transmission tower in any single-family residential district (See subsection Q of this section.)

2.

In addition to any information required for applications to division 5, subdivision 1, Special Land Uses, of this article, applicants for a special land use permit for a tower under this section shall submit the following information:

a.

A scaled plot plan clearly indicating the location, type and height of the proposed tower; on-site land uses and zoning; adjacent land uses, zoning, and comprehensive plan classification (including when adjacent to other municipalities); the required setbacks set forth in subsection J of this section; the applicable separation distances set forth in subsection K of this section; adjacent roadways; proposed means of access; setbacks from property lines; elevation drawings of the proposed tower and any other structures; topography, parking, and other information deemed by the director to be necessary to assess compliance.

b.

Legal description of the zoning lot and leased parcel if applicable, as well as all adjoining lots.

c.

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

d.

The separation distance from the towers described in the inventory of existing sites submitted pursuant to subsection E.3 shall be shown on an updated site plan or map.

e.

A landscape plan showing specific landscape materials and method of fencing.

f.

Finished color and, if applicable, the method of camouflage and illumination.

g.

A description of compliance with subsections E.4 (Aesthetics), E.5 (Lighting), E.7 (Building codes; safety standards), and all applicable federal, state or local laws.

h.

A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

i.

Identification of the entities providing the backhaul network for the tower described in the application and other cellular sites owned or operated by the applicant in the city.

j.

A scaled plan of any ancillary facilities showing their location, type and height.

3.

A licensed professional engineer, recognized in the state, shall certify any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical.

4.

An applicant for a special land use permit shall submit the information required by this section and a nonrefundable fee as established by resolution of the city council to reimburse the city for the costs of reviewing the application.

5.

In addition to any standards for consideration of special land use permit applications pursuant to division 5, subdivision 1 of this article, the planning commission shall consider the following factors in determining whether to issue a special land use permit.

a.

Height of the proposed tower;

b.

Proximity of the tower to residential structures and residential district boundaries;

c.

Nature of uses on adjacent and nearby properties;

d.

Surrounding topography;

e.

Surrounding tree coverage and foliage or lack thereof;

f.

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

g.

Proposed ingress and egress;

h.

Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures;

i.

Whether the tower complies with the alternative tower structure requirements of this section, if required in the zoning district; and

j.

Any other factor and/or consideration relevant to the protection of surrounding property and/or uses and to the general health, safety and welfare.

6.

In granting a special land use permit, the planning commission may impose conditions to the extent the planning commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

7.

The planning commission may deny any application even if the minimum requirements of Table I and Table II of subsection K of this section are satisfied if any of the factors listed above produce substantial negative impacts that cannot be eliminated or minimized by the imposition of reasonable conditions. The planning commission shall state the reasons for the denial on the record.

H.

Construction and design requirements: Every tower erected, constructed or modified within the city, and all wiring therefore, shall comply with the requirements of this Code. Further, a new or modified tower shall meet the following design requirements:

1.

A tower shall be a monopole design unless the planning commission determines that an alternative design is acceptable. In its consideration the planning commission shall consider the number of providers on the tower, the location of the tower, the height of the tower, the need of the applicant or other providers for a tower of another design and any other factor that is relevant.

2.

Every tower constructed on the ground shall be protected to discourage climbing of tower by unauthorized persons and be fitted with anti-climbing devices as approved by the manufacturer. Additionally, towers shall be enclosed by security fencing not less than six feet in height.

3.

Towers shall be constructed to the EIA (Electronic Industries Association) standards, which may be amended from time to time, and to all applicable construction building codes. Further, any improvements or additions to existing towers shall require submission of site plan, stamped by a professional engineer, which demonstrates compliance with the EIA standards and all other good industry practices. The plans shall be submitted and reviewed at the time building permits are requested.

4.

The applicant shall demonstrate that the support structure is safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris or interference.

5.

Adequate parking shall be required for maintenance vehicles and workers.

6.

The following requirements shall govern landscaping surrounding towers; provided, however, that the planning commission may modify such requirements if the intent of this section would be better served thereby and the modification does not reduce protection of adjacent properties from the impact of the tower.

a.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residential use and/or from the public right-of-way. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound and shall include at least one row of six-foot evergreen and deciduous trees of no more than 25 feet apart.

b.

The planning commission may consider the visual impact of the tower in determining the appropriate landscaping.

c.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. The planning commission may consider natural growth around the property perimeter to be a sufficient buffer of towers sited on a wooded lot.

I.

Tower necessity, alternative technology and accommodations:

1.

To minimize adverse visual impacts associated with the proliferation of towers, collocation of antennas on existing or new towers or on existing buildings, light poles, utility poles, or other similar facility is encouraged.

2.

No new tower shall be approved unless the applicant demonstrates to the satisfaction of the planning commission that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna.

3.

As part of the application for a tower, the names, addresses and telephone numbers of all owners of other towers or usable antenna support structures within a one-mile radius for towers over 120 feet, one-half-mile radius for towers under 120 feet, and one-quarter-mile radius for towers under 80 feet, including towers located on city owned property, shall be submitted.

4.

Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of one or more of the following:

a.

No existing towers or structures are located within the geographic area that meets the applicant's engineering requirements.

b.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

c.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna, which cannot be resolved through re-engineering.

e.

The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

f.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

g.

An affidavit attesting to the fact that the applicant made diligent, but unsuccessful efforts for permission to collocate on antenna support structures located within a one-mile radius for antennas over 120 feet, one-half mile radius for antennas under 120 feet, and one-quarter-mile radius for antennas under 80 feet, of the proposed tower site.

h.

Written, technical evidence from an engineer that the proposed antenna cannot be collocated on another tower or usable antenna support structure located within a one-mile radius for towers over 120 feet, one-half-mile radius for towers under 120 feet, and one-quarter-mile radius for towers under 80 feet, because of the coverage requirements of the applicant's communications system.

i.

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wire line system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

5.

New towers shall be designed to accommodate collocation of additional providers either outright or through modification of the existing tower. The number of co-locators shall be determined by the planning commission after consideration of the type of tower, structure of a tower, height of tower, and information submitted by the applicant. Further, a request to collocate antennas on a tower shall not be unreasonably refused. No provider or lessee or agent thereof shall fail to cooperate in good faith to accommodate collocation with competitors. If a dispute arises about the feasibility of collocating, the director may require a third party technical study, at the expense of either or both parties, to resolve the dispute.

6.

No provider or lessee shall fail to assure that its antenna complies at all times with the current applicable FCC standards. After installation, but prior to putting the antenna in service, each provider shall submit a certification by an independent professional engineer to that effect. In the event that an antenna is collocated with another antenna, the certification must provide assurances that FCC approved levels of electromagnetic radiation will not be exceeded by the collocation.

J.

Setbacks:

1.

Setbacks shall apply to all towers as provided in Table I, Setback and Separation Requirements for New Telecommunication Tower Construction (Minimum Setbacks) of subsection K unless a waiver is granted pursuant to the provisions of subsection X.

2.

No tower, antenna structure or ancillary facility may be located on any lot closer to any lot line, street right-of-way line or centerline (whichever provides the greatest setback), than is allowed by Table I of subsection K.

3.

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

4.

Towers shall not be permitted in the required front yard of any zoning lot in any zoning district. However, where a zoning lot has more than one front yard, the planning commission may allow placement in one of the yards as long as the setback and separation requirements are met.

K.

Separation:

1.

Separation requirements shall apply to all towers as provided in Table I and Table II unless a waiver is granted by the planning commission under subsection X.

2.

Separation from uses on adjacent lots or designated zoning districts:

a.

Tower separation from uses on adjacent zoning lots or zoning districts as specified in Table I shall be measured from the base of the tower to the lot line of the off-site use or of the zoning district boundary, whichever provides greater separation.

b.

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

¹ Alternative tower structure required: Alternative design mounting structures that camouflage or conceal the presence of antennas and/or towers, see Section 42-135 C for definition.

L.

Distances between towers.

1.

Distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The 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. The distances (listed in linear feet) are shown in Table II, Distance between towers.

2.

There is no minimum distance between alternative tower structures.

M.

Height: The height of an antenna and/or tower shall be determined by measuring the vertical distance from the tower's point of contact with the ground, rooftop, or other structure to which it is attached, to the highest point of the tower, including all antennas or other attachments. When an antenna and/or tower is mounted upon another structure, the height shall be considered the combined height of the structure and tower and/or antenna.

N.

Placement or collocation of antennas on existing conforming structures (not including towers) in all districts, except I-1 and I-2. Any antenna which is proposed to be attached to a conforming structure, building, light pole, utility pole or other similar facility may be approved as a special land use by the planning commission for any commercial, industrial, professional, institutional, or multifamily structure provided that:

1.

The applicant submits additional information as required by this section and division 5, subdivision 1, Special Land Uses.

2.

The antenna does not extend more than 30 feet above the roof line of the structure.

3.

The antenna complies with all applicable FCC and FAA regulations.

4.

The antenna complies with all applicable building codes.

5.

The antennas and ancillary facilities comply with all applicable building codes and the color of the antennas blends in with the existing structure and surroundings.

6.

Placement or collocation of antennas under this subsection shall not be permitted in any single-family residential district.

O.

Placement or collocation of antennas on existing conforming towers in all districts except I-1 and I-2. An antenna which is proposed to be attached to an existing conforming tower may be approved as a special land use by the planning commission. To minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one provider on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

1.

The applicant submits additional information as required by subsection T of this section.

2.

A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower.

3.

Height.

a.

An existing tower may be modified or reconstructed to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the collocation of an additional antenna.

b.

The height change referred to in subsection a, above may only occur one time per communication tower.

c.

The additional height referred to in subsection a above shall comply with the setback requirements in subsection J of this section and separation distance requirements in subsection K of this section unless waived by the planning commission per subsection X (Waiver).

4.

Onsite location.

a.

A tower that is being reconstructed to accommodate the collocation of an additional antenna may be moved onsite within 50 feet of its existing location.

b.

After the tower is reconstructed to accommodate collocation, only one tower may remain on the site.

c.

A relocated on-site tower shall comply with the setback requirements in subsection J of this section and separation distance requirements in subsection K of this section, unless waived by the planning commission per subsection X (Waiver).

P.

Placement or collocation of an antenna on an existing nonconforming tower in all zoning districts may be approved as a special land use when, after review of items submitted pursuant to subsection T of this section such placement is found to be in compliance with subsection U (Antenna criteria).

Q.

Placement or collocation of an antenna on a consumer's energy transmission tower in all single-family residential districts may be approved as a special land use after review of items submitted pursuant to subsection T of this section and that placement is found to be in compliance with subsection U (Antenna criteria).

R.

Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

S.

Building and other equipment storage associated with an application for a special land use, including buildings, cabinets, vaults, closures and equipment required for operation of telecommunication systems, including, but not limited to, repeaters, equipment housing, ventilation and other mechanical equipment shall be reviewed by the planning commission. All buildings and equipment shall comply with all codes of the city. In addition, all buildings and equipment located in any residential district or within 200 feet of a residential district or use must be located underground to the maximum extent possible, as determined by the planning commission. An accessory equipment shelter must blend with the surrounding buildings in architectural character and color.

T.

Additional submittal requirements: In addition to any information required to be submitted under this section, an applicant for the collocation of antennas on existing towers or on existing buildings, light poles, utility poles, or other similar facilities shall submit the following information.

1.

A description of the proposed antenna's location, design and height.

2.

Documentation from an engineer demonstrating compliance with non-ionizing electromagnetic radiation (NIER) emissions standards as set forth by the FCC, particularly with respect to any habitable areas within the structure on which the antennas are collocating on or in structures directly across from or adjacent to the antennas.

3.

Documentation from an engineer that placement of the antennas is designed to allow future collocation of additional antennas if technologically possible.

4.

Documentation from an engineer that the ancillary facilities will not produce sound levels in excess of those standards specified in subsection E.11, or designs showing how the sound is to be effectively muffled and reduced pursuant to those standards.

5.

Plans showing the connection to utilities, right-of-way cuts required, ownership of utilities and easements required.

6.

Documents demonstrating that necessary easements have been obtained.

7.

Plans showing how vehicle access will be provided.

8.

If ancillary facilities will be located on the ground, a plot plan and landscape plan drawn to scale showing proposed structures and existing and proposed landscaping, including type, spacing, size and irrigation methods.

9.

Documents demonstrating that the FAA has reviewed and approved the proposal. The permit process may proceed and approval may be granted for the proposal as submitted, subject to FAA approval. However, if FAA approval requires any changes involving increased height or additional lighting other than as initially approved, then the initial permit approval shall be void. A new application will need to be submitted, reviewed and approved through an additional permit process. No building permit application shall be submitted without documents demonstrating FAA review and approval.

U.

Antenna criteria: In addition to all other requirements of this section, all antenna placed on or above a structure or on a tower shall be subject to the following:

1.

The antenna shall be architecturally compatible with the building and wall on which it is mounted, and shall be designed and located so as to minimize any adverse aesthetic impact.

2.

If the antenna is mounted on a wall of an existing building, it shall be mounted as flush to the wall as technically possible or camouflaged as windows or another portion of the building and shall not project above the wall on which it is mounted unless it must be for technical reasons.

3.

The antenna shall be constructed, painted, or fully screened to match as closely as possible the color and texture of the tower, building or wall on which it is mounted.

4.

The antenna may be attached to an existing conforming mechanical equipment enclosure which projects above the roof of the building, but may not project any higher than permitted in subsection O.

V.

Abandonment and removal of facilities:

1.

All towers, antennas, tower substructures and ancillary facilities shall be removed within six months of the time that the facilities have been abandoned. The responsibility to remove shall be borne by the owner and operator of the tower, antenna, substructure or facility and by the real property owner upon which the tower, antenna, substructure or facility is located.

2.

The site must be restored with appropriate landscaping to its pre-transmission tower appearance. The city manager may grant one six-month extension where a written request has been filed, within the initial six-month period, to reuse the tower or antennas.

3.

The city may require the posting of a bond acceptable to the city attorney before building permit issuance to ensure removal of the tower, substructure or antennas after the facility no longer is being used.

W.

Nonconforming towers/antennas:

1.

Towers and/or antennas which do not conform or comply with this section are considered nonconforming uses and shall be allowed to continue as they presently exist. Routine maintenance shall be permitted on a nonconforming tower/antenna, but may not be structurally altered without complying in all respects with this section.

2.

Legally nonconforming towers and/or antennas that are damaged or destroyed may be rebuilt without having to first obtain approval or a special land use permit if work is completed within 30 days of the damage upon obtaining a building permit therefor. The type, height and location of the tower on site shall be of the same type, height and location as the original facility approval. Building permits for the construction or repairs required shall comply with the then-applicable building codes and shall be obtained within 30 days from the date of the damage or destruction. If no permit is obtained or if such permit expires, the tower or antenna shall be deemed abandoned pursuant to subsection V.

3.

Nonconforming towers which are modified and antennas which are installed thereon, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

X.

Waiver: Any section of this section which indicates a waiver is needed to vary requirements of this section shall be reviewed by the planning commission as part of the public hearing only pursuant to the following provisions:

1.

Consideration of a waiver shall be based on the standards in section 42-622.B, Variances, of this article, the factors in subsection 2, below, as well as the factors in subsection G.5.

2.

A waiver to the setback requirements of subsection J, the separation requirements of subsection K, and the requirements of Table I and Table II of subsection K may be granted by the planning commission upon finding that the proposed landscaping, configuration of the site, use of neighboring properties, or the presence of mature trees and other features obviates the need for compliance or permits a reduction of the strict requirements of this section.

3.

Since it is the intent of this section that the neighboring residential uses and districts protected in Tables I and II of subsection K are shielded from any adverse external affects and negative impacts of towers and antennas, and ancillary facilities, the planning commission shall not waive or reduce the requirements where it finds that it is impossible to avoid such adverse or negative impacts.

4.

If a waiver or reduction of these strict requirements is granted, the planning commission may impose requirements and conditions that are deemed necessary to mitigate adverse impacts, essential to protect the public health, safety and general welfare, and are consistent with the spirit and purpose of this section.

5.

In a case where the planning commission is authorized to approve a waiver hereunder, the applicant shall furnish surveys, plans or other information as is reasonably required by the planning commission for the proper consideration of the matter, in addition to any other material required by this section.

6.

An applicant may apply to the zoning board of appeals for a variance to any subsection of this section not covered by the planning commission authority to grant a waiver.

(Ord. No. 03-01 (Exh. A, § 42-315), 2-18-2003; Ord. No. 19-04, 10-15-2019)

A.

Intent. The intent of this section 42-136 is to promote the safe, effective and efficient use of small on-site wind energy systems to reduce the consumption of utility supplied electricity. The city finds that wind energy can be an abundant, renewable, and nonpolluting energy resource and that its conversion to electricity will reduce the dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources. Distributed small on-site wind energy systems can also enhance the reliability and power quality of the power grid, reduce peak power demands, and help diversify the state's energy supply portfolio. Small wind systems also make the electricity supply market more competitive by promoting customer choice.

B.

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

1.

Anemometer. Instrument used to measure wind speed, usually measured either from the rotation of wind-driven cups or from wind pressure through a tube pointed into the wind.

2.

Anemometer tower. A freestanding tower containing instrumentation such as anemometers that is used to conduct a wind site assessment for possible installation of a small on-site wind energy system.

3.

Ambient. The sound pressure level exceeded 90 percent of the time or L ₉₀ .

4.

dB(A). The sound pressure level in decibels. It refers to the "a" weighted scale defined by ANSI. A method for weighting the frequency spectrum to mimic the human ear.

5.

Decibel. Unit of measure used to express the magnitude of sound pressure and sound intensity.

6.

Nacelle. The body/shell/casing of a propeller-type wind turbine, covering the gearbox, generator, blade hub, and other parts.

7.

Rotor. An element of a wind energy system that acts as a multi-bladed airfoil assembly, thereby extracting through rotation, kinetic energy directly from the wind.

8.

Small on-site wind energy system or wind energy system. A wind energy system is an electrical generating facility comprised of a wind turbine, rotor, support structure and related electrical equipment that operate by converting the kinetic energy of wind into electrical energy. A wind energy system is intended to serve electrical needs of the principal use and is not designed nor intended to principally provide electricity to the electric utility grid. A wind energy system can be erected as:

a.

One freestanding tower of 60 feet in height or less.

b.

Up to two roof-mounted structures of ten feet in height or less.

9.

Sound pressure. An average rate at which sound energy is transmitted through a unit area in a specified direction. The pressure of the sound measured at a receiver.

10.

Sound pressure level. The sound pressure mapped to a logarithmic scale and reported in decibels (dB).

11.

Total tower height. The highest point above ground level reached by a rotor blade in the vertical position, or any other part of the tower structure.

12.

Total roof-mounted structure height. The highest point above the main roof structure, not including architectural features such as a chimney, cupola and similar type features, reached by a rotor blade in the vertical position, or any other part of the structure.

13.

Tower. Any structure that is designed and constructed primarily for the purpose of supporting one small on-site wind energy system including self-supporting lattice towers, guyed towers, tilt-down towers or mono-pole towers. The term includes the structure and any support thereto.

14.

Wind site assessment. An assessment to determine the wind speeds at a specific site and the feasibility of using that site for construction of a wind energy system.

15.

Wind turbine. Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.

C.

Accessory use. One wind energy system mounted on a freestanding tower 60 feet in height or less above the ground or up to two roof-mounted wind energy systems mounted ten feet or less above the main roof structure are permitted in all zoning districts except P-1, vehicular parking, as an accessory use subject to director's review and approval, intended to serve the electrical needs of the principal use subject to the following standards:

1.

Small on-site wind energy systems shall meet the following design requirements:

a.

A freestanding tower shall be a monopole or tilt-down design. The applicant may request that the planning commission review and approve an alternative design. In its review, the planning commission shall consider the location of the tower, the height of the tower, the need of the applicant for a tower of another design and any other factor that is relevant. To ensure harmonious relationships and to minimize conflicts between adjacent uses, the commission shall consider the proposed characteristics and the uses of the alternate design in relation to existing land uses and to future land use as shown in the comprehensive plan. The commission may attach requirements to the wind energy system as it deems necessary to avoid or mitigate adverse impacts on surrounding properties.

b.

All wind energy systems shall be white, grey or other non-obtrusive color. Blades may be black to facilitate deicing. Finishes must be matt or non-reflective.

c.

Wind energy systems shall not be artificially lighted.

d.

Except for warning signs and placement of the name of the manufacturer and/or logo on the nacelle, no signs or other forms of advertising shall be allowed on a wind energy systems.

e.

Every wind energy system shall be designed to prevent climbing by unauthorized persons.

f.

The applicant shall demonstrate that the wind energy system and support structures are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris or interference.

g.

All wiring between the wind energy system and the main use or electrical grid shall be underground.

h.

If the wind energy system will be interconnected to the local utility distribution system, the interconnection and operation shall meet the requirements of the local electric utility applicable to wind power generation facilities.

2.

Construction codes, towers, and interconnection standards: Wind energy systems shall comply with all applicable state construction and electrical codes and local building permit requirements. Wind energy systems shall comply with Federal Aviation Administration requirements, the Michigan Airport Zoning Act (Public Act 23 of 1950, MCL 259.431 et seq.) and the Michigan Tall Structures Act (Public Act 259 of 1959, MCL 259.481 et seq.) and any other applicable state or federal code, regulation or law. A wind energy system connected to the local electrical grid system shall comply with Michigan Public Service Commission and Federal Energy Regulatory Commission standards. A wind energy system not connected to the local electrical grid system is exempt from this requirement.

3.

Property setback:

a.

The minimum distance between a tower mounted wind energy system and a property line shall equal one and one-half times the total height of the tower. If a tilt down tower is erected, the structural support system, including guy wire anchors, may extend into the fall zone but shall not be closer than one-half the height of the tower from the property line.

b.

The minimum distance between a roof-mounted wind energy system and a property line shall be equal to or greater than the minimum front, side or rear yard setback applicable to the main building.

4.

Safety: A wind energy system shall have automatic braking, governing, or a feathering system to prevent uncontrolled rotation or over speeding, if required by the manufacturer. All towers shall have lightning protection. If a tilt down tower is supported by guy wires, the wires shall be clearly visible to a height of at least six feet above the guy wire anchors. The minimum vertical blade tip clearance from grade shall be 20 feet for a wind energy system employing a horizontal axis rotor.

5.

Sound pressure level: Noise level shall be regulated by the applicable city ordinance (chapter 24, article 4).

6.

Electromagnetic interference: No wind energy system shall be installed or operate in any location where its proximity with fixed broadcast, retransmission or reception antenna for radio, television or wireless telephone or other personal communications systems would produce electromagnetic interference with signal transmission or reception.

D.

Special land use.

1.

Review by planning commission: Two or more freestanding towers and/or three or more roof-mounted wind energy systems on one zoning lot shall require the review and approval of a special land use application by the planning commission. To ensure harmonious relationships and to minimize conflicts between adjacent uses, the planning commission shall consider the proposed characteristics and uses of the wind energy system in relation to each other and to existing land uses and to future land uses as shown in the comprehensive plan. The planning commission may attach requirements to the wind energy systems deemed necessary to avoid or mitigate adverse impacts on surrounding properties.

2.

Freestanding tower height: A freestanding tower height of 60 feet or less above the ground shall be permitted in all zoning districts. A freestanding tower may exceed 60 feet in height only if it is located on a zoning lot that is five acres or greater and obtains special land use approval from the planning commission. To ensure harmonious relationships and to minimize conflicts between adjacent uses, the planning commission shall consider the proposed characteristics and use of a tower over 60 feet in relation to existing land uses and to future land uses as shown in the comprehensive plan. The planning commission may attach requirements to the wind energy system deemed necessary to avoid or mitigate adverse impacts on surrounding properties.

3.

Additional requirements: All applications for a special land use under this section are further subject to the provisions of division 5, subdivision 1, being section 42-460 et. seq.

E.

Application requirements. All wind energy system applications shall be submitted to the director of the department of community development. An application must include the following information:

1.

A completed application.

2.

Standard drawings of the wind turbine structure including the tower, base and footings, engineering analysis and certification of the tower showing compliance with the applicable building codes.

3.

Name plate generating capacity (kW) of the turbine.

4.

Location and means of interconnecting to the electrical grid, if applicable.

5.

A scaled plot plan clearly indicating the following:

a.

Date, north arrow, scale and name of person who prepared the plot plan;

b.

Address and legal description of the property;

c.

Location, type, color and finish and height of the proposed tower and ancillary facilities;

d.

Elevation drawings of the proposed tower;

e.

Location of electrical wires;

f.

Property lines;

g.

Proposed setbacks from property lines and any other structures;

h.

On-site land uses, existing buildings and zoning;

i.

Adjacent land uses, existing buildings and zoning;

j.

Adjacent roadways;

k.

Proposed means of access; and

l.

Other information deemed by the director to be necessary to assess compliance.

F.

Maintenance and removal: A wind energy system determined to be unsafe by the department of community development shall be repaired by the owner to meet applicable code requirements or removed within 90 days. Any wind energy system that has not produced electrical power for six or more months shall be considered abandoned. A wind energy system shall be removed within 90 days of abandonment unless a plan is submitted to the director outlining the steps and schedule for returning the wind energy system to service and operation which is filed within the 90 days after abandonment.

(Ord. No. 08-07, 12-16-2008)

A.

Intent. The intent of this section is to permit an on-site accessory residential dwelling unit to a commercial use as living quarters for the owner or employee of the commercial use. This section is further intended to:

1.

Encourage a diversity of uses that contribute to the city's total employment base and provide the services needed by the city's residents and businesses;

2.

Provide start-up locations for appropriate new business;

3.

Allow the reuse of existing buildings or the construction of new buildings designed for live/work activities; and

4.

Ensure that the exterior design of work/live buildings is compatible with the exterior design of existing commercial and residential buildings in the area.

B.

Applicability.

1.

Work/live buildings are permitted as special land uses in the OS-1, office service; B-1, local business; B-2, community business; B-3, general business; and CPD, commercial planned development zoning districts subject to review and approval by the planning commission pursuant division 5, subdivision 1.

2.

Any commercial use permitted in the zoning district applicable to the property is permitted in the work/live building.

3.

Residential dwelling units unrelated to commercial activities are prohibited as work/live uses.

4.

Home occupations are prohibited in residential dwelling units of a work/live building.

C.

Site development standards.

1.

Zoning district site development requirements. Unless otherwise permitted by this section, development of work/live buildings and associated site improvements shall meet all the site development requirements applicable to the zoning district in which the work/live buildings are located.

2.

Live/work buildings. The work/live building must meet applicable building and fire code requirements. Any existing approved live/work locations may continue to be used as approved, but cannot be changed to a design in conflict with building/fire code requirements.

(Ord. No. 11-13, 8-23-2011; Ord. No. O-9-2024 meeting, 10-22-2024)

A.

Intent. A mural is permitted as a means to create a sense of place and community within the city. A mural is not regulated as a sign. It is intended that the mural be solely related to artistic expression and the graphics and illustrations used not advertise or promote any product, service or business.

B.

Defined. A noncommercial message, picture, illustration, painting or scene applied or affixed on the exterior wall of a building or structure through the use of paint, canvas, tile, panels or similar materials such that the mural is made an integral part of the exterior wall and does not identify, depict or otherwise advertise a commercial or noncommercial product, service, or business.

C.

Murals shall be subject to the following conditions and provisions:

1.

Murals are not permitted to cover windows or door openings, with the exception of emergency exit doors, provided however that the mural will in no way prohibit or restrict the use of the emergency exit door for its intended purposes.

2.

Murals are not permitted to project more than six inches from the building wall or structure on which they are affixed.

3.

Murals shall not have moving or animated parts, including light elements.

4.

Murals shall not be located on or project above the building roof line.

5.

Murals shall not include representations that imitate or appear to imitate any official traffic sign or device.

6.

Murals are not permitted on a building located within a historic district unless reviewed and approved by the Historic District Commission.

7.

Murals shall not have a detrimental effect on the structural integrity of the wall or structure on which it is applied or affixed.

8.

Except for murals or combination of murals under section 42-138C.10., not more than one mural is permitted on a wall and the total area of the mural shall not exceed 50 percent of the total size of the wall or 1,000 sq. ft., whichever is greater.

9.

Murals shall not contain obscene or offensive content. For the purposes of this section, material is obscene or offensive if applying contemporary community standards, and may include but is not limited to:

i.

A reasonable, average person would find the material depicts or describes sexual content in a patently offensive way;

ii.

A reasonable, average person would find the material lacks serious literary, artistic, political or scientific value.

10.

Any mural or combination of murals measuring less than a total of 100 square feet on a single wall shall not be regulated by this section.

D.

Maintenance. Murals shall be maintained in good condition and repair for the life of the mural and shall be kept clean, and free from fading, decay, corrosion and graffiti which was not an original integral part of the message displayed.

E.

Permits and appeal process. No mural shall be installed prior to the issuance of a permit. The director shall approve a completed application for a mural if the conditions contained in this sections 42-138 are satisfied. A completed application shall be deemed approved if the director fails to approve or deny such completed application within five business days of its receipt by the city sent to the applicant by first class mail. If denied, the applicant may appeal such denial to the planning commission in writing no later than 30 days after the date of the denial. Such appeal shall be heard by the planning commission at its next regular or special scheduled meeting which is no less than ten business days from the date of receipt of the applicant's written appeal. The applicant shall have the right to submit relevant documentary and testimonial evidence in support of the appeal and the director shall have the burden of proof to show that the denial was based on the applicant's failure to comply with one or more of the conditions in section 42-138C. The planning commission shall decide the appeal within the five business days of the hearing either by motion made at the planning commission meeting or in writing. The hearing date may be adjourned to another regular or special planning commission meeting if requested by the applicant. An appeal shall be deemed granted and the permit approved if the planning commission fails to decide the appeal in the time so required by this section. The applicant shall have the right to appeal any planning commission decision as provided by law or equity.

(Ord. No. 14-04, 3-11-2014)

Required yard space, as determined by the minimum setback requirements, shall be at an elevation to ensure surface water drains away from the foundation walls in accordance with the last adopted edition of the residential building code. Yards shall be graded and maintained to prevent the accumulation of surface water on the property outside of designated storm water detention areas and not increase the natural flow or runoff of surface water onto adjacent properties.

(Ord. No. 19-04, 10-15-2019)

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