Each use listed in this Article, whether permitted by right or subject to approval as a special land use, shall be subject to the site development standards specified, in addition to applicable standards and requirements for the district in which the use is located. These standards are intended to:

1.

Alleviate any adverse impacts of a use that is of an area, intensity or type unique or atypical for the district in which the use is allowed.

2.

Mitigate the impact of a use that possesses characteristics unique or atypical for the district in which the use is allowed.

3.

Ensure that such uses will be compatible with surrounding land uses.

4.

Promote the orderly development of the district and the City as a whole.

Conformance with these standards shall be subject to site plan review. Unless otherwise specified, each use listed in this Article shall be subject to all applicable yard, bulk and other standards for the district in which the use is located.

For the purposes of clarity and ease of use, the provisions of this Article have been organized into the following divisions:

A.

Primary Residence.

The structure shall be the primary and permanent residence of the bed and breakfast inn operator. Meals or other services provided on the premises shall only be available to residents, employees and overnight guests of the establishment.

B.

Guests.

There shall be a maximum of five (5) rooms for lodging, with a maximum of 15 guests at any given time. Guests may stay no longer than 14 days in succession or a total of 60 days in any 12 month period. Off-street parking areas shall be provided for all guests and shall not be located in any required front yard. Stacking of more than two (2) vehicles in a driveway is prohibited.

C.

Landscaping.

Screening shall be provided between adjacent residences and parking areas or any outdoor eating area, in accordance with Article 14 (Landscaping and Screening).

The following regulations shall apply to group day care homes, child care centers, nursery schools, day nurseries, and pre-schools:

A.

Licensing.

In accordance with applicable state laws, all child care facilities shall be registered with or licensed by the State of Michigan, and shall comply with the minimum standards outlined for such facilities.

B.

Outdoor Play Area.

A minimum of 150 square feet of outdoor play area shall be provided, and maintained per child, provided that the overall area of the play area shall not be less than 5,000 square feet. The outdoor play area shall be suitably fenced and secured.

Outdoor play areas accessory to a child day care center, day nursery, nursery school or pre-school shall be screened from abutting residentially zoned or used land by a greenbelt, which shall be landscaped in accordance with Article 14 (Landscaping and Screening).

C.

Pick-up and Drop-off.

Adequate areas shall be provided for employee and resident parking, and pick-up and drop-off of children or adults, in a manner that minimizes pedestrian-vehicle conflicts, and allows maneuvers without affecting traffic flow on the public street.

All day care centers, day nurseries, nursery schools, and pre-schools shall have frontage on, and direct vehicle access to a public street classified as a collector, arterial or thoroughfare by the City's Master Plan, or county or state road authorities. Vehicle access from these uses to local streets shall be limited to secondary access where necessary for health and safety purposes.

D.

Separation Requirements.

New group child day care homes shall be located a minimum of 1,500 feet from any other state licensed residential facility, as measured between the nearest points on the property lines of the lots in question. The Planning Commission may permit a smaller separation between such facilities upon determining that such action will not result in an excessive concentration of such facilities in a single neighborhood, or in the City overall.

E.

Hours of Operation.

Day care facilities in residential districts or accessory to a residential use shall operate a maximum of 16 hours per day.

Home occupations shall be subject to the following:

A.

Use Standards.

1.

Intensity of use. Home occupations must be clearly incidental and secondary to the use of the dwelling as a residence. No more than twenty five percent (25%) of the habitable floor area of the residence and twenty five percent (25%) of the floor area of any accessory structure may be used for the home occupation.

2.

Employment. No persons shall be employed in the home occupation, other than the dwelling occupants.

3.

Customer or client visits. A home occupation shall not generate more than ten (10) customer or client visits per day, nor more than 20 customer or client visits per week. No more than two (2) customers or clients may be present at any given time.

4.

Commercial vehicle parking and deliveries. Home occupations shall be limited to the parking or storage of one (1) commercial vehicle on the premises not exceeding a three-quarter (¾) ton capacity, provided such vehicle is directly related to the home occupation. Delivery vehicles used to deliver goods to a home occupation are limited to automobiles, passenger vehicles, mail carriers and express package carriers.

5.

Hours of operation. Customer or client visits, and deliveries associated with the home occupation shall be limited to between the hours of 7:00 a.m. and 8:00 p.m.

B.

Permitted Home Occupations.

The following uses shall be permitted as home occupations.

1.

Home offices for such professionals as architects, doctors, brokers, engineers, insurance agents, lawyers, realtors, accountants, writers, salespersons and similar occupations.

2.

Personal services, including barber shops, beauty parlors, manicure and pedicure shops, grooming, catering, and chauffeuring services.

3.

Home office for a massage therapists, subject to the standards of Section 8.322 (Therapeutic Massage).

4.

Music, dance, art and craft classes, tutoring, and studios for artists, sculptors, musicians and photographers.

5.

Workshops for tailors, dressmakers, milliners, and craft persons, including weaving, lapidary, jewelry making, cabinetry, and wood-working.

6.

Repair services, limited to watches and clocks, small appliances, computers, electronic devices, and similar small devices.

7.

Any home occupation not specifically listed may be permitted as a special land use by the Planning Commission, subject to the provisions of this Section and Section 20.02 (Special Land Uses).

C.

Prohibited Uses and Activities.

1.

Prohibited uses. The following uses are expressly prohibited as a home occupation:

a.

Automobile truck, recreation vehicle, boat, motorcycle or small engine repair, bump and paint shops, salvage or storage yards.

b.

Kennels or veterinary clinics.

c.

Medical or dental clinics.

d.

Retail sales of merchandise, or eating and/or drinking establishments.

e.

Undertaking and funeral homes.

f.

Adult uses and sexually-oriented businesses.

g.

Uses similar to the above listed uses, or any use which would, in the determination of the Community Development Director, result in nuisance factors as defined by this Ordinance.

2.

Prohibited activities. Home occupations shall not include:

a.

Outdoor display and/or storage of materials, goods, supplies, or equipment used in the home occupation.

b.

The use of machinery, equipment or facilities not commonly incidental or accessory to a residential dwelling.

c.

Changes or alterations to the character or appearance of the residence.

d.

Use of any signs or outside displays on the premises, except as permitted for residential dwellings in Article 17 (Signs).

e.

Parking that cannot be accommodated on the site, plus one (1) on-street parking space.

D.

Home Occupation Permits.

A permit must be obtained to lawfully operate a home occupation. Applications for such a permit shall be submitted to the City for review by the Community Development Director and Building Official.

1.

If, in the written opinion of the Building Official and the Community Development Director, the proposed home occupation conforms with the standards of this Section, a permit to lawfully operate a home occupation shall be issued by the City.

2.

If the Community Development Director or Building Official determines that the proposed home occupation does not comply with the standards of this Section, the applicant may request the Community Development Director to refer the proposed home occupation to the Planning Commission for review as a special land use, subject to the provisions of this Section, and Section 20.02 (Special Land Uses).

3.

Should a lawfully established home occupation no longer meet the conditions outlined above or other conditions stipulated for approval, a violation shall be cited against the operator of the home occupation. The operator of the home occupation shall have ten (10) working days to correct the referenced violations. If the violations are not corrected within that time, the permit to operate the home occupation shall be revoked and all related activities must cease.

4.

Permits to operate a home occupation shall be reviewed on an annual basis in conjunction with issuance of a business license through the City Clerk.

5.

Home occupation permits shall be limited to the applicant who legally resides in the residence.

Manufactured housing parks shall be subject to all the rules and requirements of the Mobile Home Commission Act, P.A. 96 of 1987, as amended (MCLA 125.2301 et seq.), the Manufactured Housing Commission General Rules, and the following minimum requirements:

A.

Plan Review.

The preliminary plan for a manufactured housing park shall be submitted to the City and reviewed by the Planning Commission in accordance with the application requirements and procedures specified in Section 11 of the Mobile Home Commission Act, P.A. 96 of 1987, as amended. The Planning Commission shall take action to approve or deny the preliminary plan, or approve the preliminary plan subject to conditions, within 60 days after the City officially receives a complete and accurate application. The Planning Commission may table an application for further study, or to obtain additional information, provided that final action is taken within the 60 day review period. A copy of the state-approved final construction plan shall be submitted to the City prior to the start of construction on the site.

B.

Minimum Area for a Manufactured Housing Park.

The minimum parcel size for manufactured housing parks shall be 15 acres, excluding adjacent parcels proposed for expansion.

C.

Minimum Manufactured Housing Site Size.

Manufactured housing parks shall be developed with a minimum manufactured housing site size of 5,500 square feet. Individual sites may be reduced to as small as 4,400 square feet, provided that for every square foot of land gained through such reduction, at least an equal amount of land shall be dedicated as open space for the collective use and enjoyment of all manufactured housing park residents. This open space shall be in addition to the minimum open space required under Section 8.105K (Open Space), or the Manufactured Housing Commission rules.

D.

Setbacks.

Manufactured houses shall comply with the following minimum setbacks:

1.

For a home not sited parallel to an internal road, 20 feet from an adjacent home, including an attached structure that may be used for living purposes for the entire year.

2.

For a home sited parallel to an internal road, 15 feet from an adjacent home, including an attached structure that may be used for living purposes for the entire year if the adjacent home is sited next to the home on and parallel to the same internal road or an intersecting internal road.

3.

Ten (10) feet from an attached or detached structure or accessory of an adjacent home that may not be used for living purposes for the entire year.

4.

50 feet from any permanent building.

5.

100 feet from any baseball, softball or similar recreational field.

6.

Seven (7) feet from the back of curb or edge of pavement for an internal road.

7.

Seven (7) feet from an adjacent home site's parking space or off-site parking bay.

8.

Seven (7) feet from a common sidewalk.

9.

All mobile homes, accessory buildings and parking shall be set back not less than 20 feet from any manufactured housing park boundary line, except that a minimum setback of 50 feet shall be provided from the street rights-of-way of public streets abutting the park.

10.

50 feet from the edge of any railroad right-of-way.

E.

Maximum Height.

The maximum height of any community or similar building in a manufactured housing park shall not exceed two (2) stories or 35 feet, whichever is less. Storage or service buildings shall not exceed one (1) story or 15 feet.

F.

Roads.

Roads shall satisfy the minimum dimensional, design, and construction requirements in the Manufactured Housing Commission Rules. The main entrance to the park shall have access to a public street by a permanent easement which shall be recorded by the developers. All roads shall be hard-surfaced.

G.

Parking.

Each manufactured housing site shall be provided with two (2) parking spaces per the Manufactured Housing Commission Rules.

H.

Common Storage Areas.

If boats, boat trailers and utility trailers are permitted to be parked within the manufactured housing park, adequate parking spaces for such vehicles shall be provided in a central or collective parking area. This area shall be in addition to the automobile parking requirements of this Section, and shall be adequately locked, fenced and permanently buffered.

I.

Sidewalks.

Concrete sidewalks having a minimum width of three (3) feet shall be provided on at least one side of internal manufactured housing park streets. In addition, a five (5) foot wide concrete sidewalk shall be constructed along any public street abutting the manufactured housing park.

J.

Accessory Buildings and Facilities.

1.

Accessory buildings and structures, including park management offices, storage buildings, laundry facilities or community facilities, shall be designed and operated for the exclusive use of park residents.

2.

Site-built buildings and structures within a manufactured housing park, such as a management office or clubhouse, and any addition to a manufactured house that is not certified as meeting the standards of the U.S. Department of Housing and Urban Development (HUD) for manufactured houses, shall be constructed in compliance with applicable state building, electrical and fire codes and shall be subject to approval of appropriate permits and certificates of occupancy by the Township.

3.

Storage accessory to a manufactured home. Storage shed with a maximum area of 144 square feet may be placed upon any individual manufactured home site for the storage of personal property. Except as otherwise noted in this Section, no personal property (including tires) shall be stored outside or under any manufactured home, or within carports which are open on any side. Bicycles and motorcycles may be parked in carports. Seasonal outdoor storage of outdoor cooking grills is permitted, so long as they are kept on either a finished wooden deck, a concrete or asphalt patio, or equivalent type of surface associated with the home.

K.

Open Space.

Any manufactured housing park containing 50 or more manufactured housing sites shall provide a minimum of 25,000 square feet of dedicated and contiguous open space, which shall be shown on the preliminary plan. Any other open space areas or recreational improvements provided at the developer's option shall also be shown on the preliminary plan.

L.

Perimeter Screening.

Where a manufactured housing park abuts an existing residential development, screening shall be provided along the boundary abutting the residential development. If the manufactured housing park abuts non-residential development, screening shall not be required.

M.

Screening Along Public Rights-of-Way.

A landscaped screen shall be provided along all public streets abutting the manufactured housing park. This screen shall consist of evergreen trees or shrubs at least three (3) feet in height, planted so as to provide a continuous screen at maturity.

N.

Alternative Screening.

Alternative screening devices may be utilized if they conceal the manufactured housing park as effectively as the required landscaping elements described above.

O.

Parking Lot Landscaping.

Landscaped planting strips and islands shall be dispersed throughout all parking lots to direct traffic flow, create shade and break-up large expanses of pavement. Parking lot landscaping shall be subject to the following standards:

1.

All landscaped areas shall be designed to ensure proper protection of the plant materials. Where adjacent to streets, driveway aisles, or parking areas, shall be protected with concrete curbing. Plant materials used shall be hardy, salt-tolerant species characterized by low maintenance requirements.

2.

The size and number of planting islands and proposed plantings shall be in scale with the overall site, and shall clearly define the egress/ingress points, interior circulation system and fire lanes. Landscaping shall not obscure traffic signs or lighting, access to fire hydrants or motorist sight-distance.

3.

Planting islands shall have a minimum width of five (5) feet and a minimum area of 100 square feet. A minimum of one (1) deciduous shade tree shall be provided for each 100 square feet of planting area within the island. Ornamental trees, shrubs, mulch or groundcover shall be used to cover all unplanted areas of the island.

P.

Trash Disposal.

The proposed method(s) and location(s) of trash storage and disposal shall conform to the requirements of Part 5 of the Michigan Department of Environmental Quality (MDEQ) Manufactured Home Park Standards, and shall be identified on the preliminary plan.

Q.

Awnings.

Awnings may be attached to any manufactured house. Awnings shall comply with the setback and distance requirements set forth in this Section, and shall require a permit.

R.

Sewer Service.

Public sewer systems shall be required in a manufactured housing park, if available within 200 feet of the park boundaries at the time of preliminary plan approval. If a public sewer system is unavailable, the development shall connect to a state-approved sewage system.

S.

Water Service and Storm Drainage Systems.

Water supply and drainage systems shall conform to the requirements of Part 2 - 4 of the Michigan Department of Environmental Quality (MDEQ) Manufactured Home Park Standards.

T.

Telephone and Electric Service.

All electric, telephone, cable TV, and other lines within the park shall be underground per the Manufactured Housing Commission Rules.

U.

Fuel Oil and Gas.

Any fuel oil and gas storage shall be located in underground tanks, at a safe distance from all manufactured housing sites. All fuel lines leading to manufactured housing sites shall be underground and designed in conformance with the Manufactured Housing Commission Rules and other applicable local, county and state regulations.

V.

Operational Requirements.

1.

Permit. It shall be unlawful for any person to operate a manufactured housing park unless that individual obtains a license for such operation in compliance with the requirements of the Mobile Home Commission Act (P.A. 96 of 1987, as amended). The Zoning Administrator shall communicate recommendations regarding the issuance of such licenses to the Director of the Bureau of Construction Codes and Fire Safety, Michigan Department of Labor and Economic Growth.

2.

Violations. Whenever, upon inspection of any manufactured housing park, the Building Official finds that conditions or practices exist which violate provisions of this Section, the Building Official shall give notice in writing by certified mail to the Director of the Bureau of Construction Codes and Fire Safety, Michigan Department of Labor and Economic Growth, including the specific nature of the alleged violations and a description of possible remedial action necessary to effect compliance. This process shall be governed by Sections 17(2) and 36 of the Mobile Home Commission Act (P.A. 96 of 1987, as amended).

The notification shall include such other information as is appropriate in order to fully describe the violations and potential hazards to the public health, safety and welfare resulting from the violation. A copy of such notification shall be sent by certified mail to the last known address of the park owner or agent.

3.

Inspections. The Building Official or other authorized City agent is granted the authority, as specified in the Mobile Home Commission Act, P.A. 96 of 1987, as amended, to enter upon the premises of any manufactured housing park for the purpose of determining compliance with the provisions of this Section.

4.

License. A manufactured housing park shall not be operated until a license has been issued by the Michigan Department of Consumer and Industry Services.

W.

Sale of Mobile Homes.

The business of street selling new or pre-owned manufactured homes as a commercial operation in connection with the operation of a manufactured housing community shall be prohibited. The operator of a manufactured housing community, or designee, who is an authorized licensed manufactured home retailer or broker, is permitted to feature and sell in-park model homes to be located on a variety of sites within the manufactured housing community.

New or pre-owned manufactured houses located on sites within the manufactured housing park, to be used and occupied on that site, may be sold by an authorized licensed manufactured home retailer or broker, or by a resident of the manufactured housing park, provided the park's regulations permit such sale.

X.

Mailbox Clusters.

The United States Postal Service may require that manufactured housing parks be served by clusters of mailboxes serving several sites rather than individual mailboxes serving individual sites. If mail box clusters are required, they shall be located at least 200 feet from any intersection of a manufactured housing park road with a public road.

Multiple-family dwellings and developments shall comply with the following:

A.

Density.

All Multiple-Family units shall meet the minimum lot width and maximum lot percentage specified in Article 9 (Schedule of Regulations) for the zoning district in which the development is located.

B.

Architectural Details.

1.

Walls visible from a street or any other residential use shall include windows and architectural features similar to the front facade of the building, including, but not limited to awnings, cornice work, edge detailing or other decorative finish.

2.

All buildings shall have pitched roofs that may include functional dormer windows and varying lines customary with gable or hip style roofing. Standing seam metal roofing is prohibited.

3.

No more than four (4) dwelling units shall be attached in any construction group, or contained in any single structure, except that where the roof ridge line and building facades of any four (4) consecutive units are staggered or offset by at least ten (10) feet, then a maximum of eight (8) units may be permitted.

4.

The dwelling units shall contain storage capability in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to a minimum of ten (10) percent of the square footage of the dwelling unit, or 100 square feet, whichever is greater.

5.

Dwelling units shall be provided with an exterior building wall configuration that represents an average width to depth or depth to width ratio that does not exceed three to one (3:1), or is in reasonable conformity with the configuration of dwelling units on adjacent properties or in the surrounding residential neighborhood.

Dwelling units shall be permanently attached to a perimeter foundation and shall have the same perimeter dimensions as the dwelling.

All such dwellings shall be secured to the premises by an anchoring system or device that is in full compliance with all applicable codes and rules.

C.

Frontage, Access and Vehicle Circulation.

Multiple-Family developments shall have frontage on, and direct vehicle access to a public street classified as a collector, arterial or thoroughfare by the City's Master Plan, or county or state road authorities. Vehicle access to local streets shall be limited to secondary access where necessary for health and safety purposes.

1.

All interior roads, drives, and parking areas within a multi-family development shall be hard surfaced and provided with curbs and gutters. Roadway drainage shall be appropriately designed such that storm water from the roadway will not drain onto the adjacent lots.

2.

Ingress-egress to parking facilities shall be arranged to minimize curb cuts directly onto the major thoroughfares or collector streets.

3.

All buildings, uses, open spaces, and any service roads, driveways and parking areas shall be arranged and designed to minimize any adverse effects upon adjacent property, including but not limited to:

a.

Channeling excessive traffic onto local residential streets.

b.

Lack of adequate screening or buffering of parking or service areas.

c.

Building groupings or circulation route locations that interfere with police or fire equipment access.

D.

Pedestrian Circulation.

Public sidewalks shall be provided along collector and perimeter roads and streets in accordance with adopted City standards. Concrete sidewalks with a minimum width of five (5) feet shall be provided from all building entrances to adjacent parking areas, public sidewalks, and recreation areas.

E.

Parking.

The Planning Commission may give credit towards parking requirements where abutting on-street parking is available and parking use does not interfere with the needs of any other land uses. All off-street parking spaces must be screened from view of any public road, pedestrian path, or adjacent residential use in compliance with Article 14 (Landscaping and Screening).

F.

Recreation Areas.

Passive or active recreation areas (including but not limited to seating areas, playgrounds, swimming pools, walking paths and other recreational elements in accordance with the intended character of the neighborhood) shall be provided at a ratio of at least fifteen percent (15%) of the gross area of the development. The minimum size of each area shall be 5,000 contiguous square feet, and the length to width ratio of each area, as measured along the perimeter, shall not exceed four to one (4:1). Such areas shall be centrally and conveniently located to be physically and visibly accessible to residents, and shall not be located within any required yard setbacks or building separations.

G.

Utilities.

All multiple-family dwellings shall be connected to the public sewer and public water system.

H.

Other Requirements.

Adequate landscaping and screening shall be provided along all property lines that abut a residential district or use, and along all street frontages. Parking or storage of recreational vehicles, boats, utility trailers or similar items shall be prohibited, except in areas designated on an approved final site plan.

The following site development standards shall apply to housing for the elderly:

A.

Area and Lot Standards.

1.

Minimum Floor Area. Dwelling units within a building shall average 350 square feet in floor area (not including kitchen and sanitary facilities).

2.

Lot Coverage. Total coverage of the all buildings, including dwelling units and related service buildings, shall not exceed thirty-five percent (35%) of the total site, exclusive of any dedicated public right-of-way.

B.

Frontage and Access.

Senior housing developments shall have frontage on, and direct vehicle access to a public street classified as a collector, arterial or thoroughfare by the City's Master Plan, or county or state road authorities. Vehicle access to local streets shall be limited to secondary access where necessary for health and safety purposes.

C.

Pedestrian Circulation.

Public sidewalks shall be provided along collector and perimeter roads and streets in accordance with adopted City standards. Concrete sidewalks with a minimum width of five (5) feet shall be provided from all building entrances to adjacent parking areas, public sidewalks and recreation areas, along with barrier-free access ramps.

D.

Accessory uses.

Accessory retail, restaurant, office and service uses may be permitted within the principal building(s) for the exclusive use of residents, employees and their guests. No exterior signs of any type are permitted for these accessory uses.

Detached single-family dwellings, except manufactured housing units located in an approved and licensed manufactured housing parks, shall comply with the following standards:

A.

Architectural Details.

1.

Dwelling units shall be provided with an exterior building wall, foundation and roof configuration that are similar to the dwelling units on adjacent properties or in the surrounding residential neighborhood. The minimum width across any front, side or rear elevation shall be 24 feet, and the average width to depth or depth to width ratio shall not exceed three to one (3:1). The roof over-hang shall be a minimum of one (1) foot on all sides.

2.

Dwelling units shall be provided with exterior finish materials similar to and aesthetically compatible with the dwelling units on adjacent properties or in the surrounding residential neighborhood. Such materials shall include siding or wall materials, windows, porches, shingles and other roofing materials. Standing seam metal roofing is prohibited.

3.

Dwelling units shall be permanently attached to a perimeter foundation and shall have the same perimeter dimensions as the dwelling. All such dwellings shall be secured to the premises by an anchoring system or device that is in full compliance with all applicable codes and rules.

B.

Utilities.

All single-family dwellings shall be connected to the public sewer and public water system.

C.

Storage.

The dwelling units shall contain storage capability in a basement located under he dwelling, in an attic area, in closet areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which shall be equal to a minimum of ten percent (10%) of the square footage of the dwelling or 100 square feet, whichever is greater.

D.

Front Porch.

New dwellings shall be constructed with a primary entrance on the front facade and connected to the public sidewalk or right-of-way by a paved path, with a front porch or stoop that is at least six (6) feet in width and depth, and 70 square-feet in area.

E.

Determinations.

This Section is not intended to discourage architectural variation, but shall seek to promote the reasonable compatibility of the character of dwelling units, thereby protecting the economic welfare and property value of surrounding residential uses and the City at large.

1.

The compatibility of design and appearance shall be determined by the Building Official, subject to appeal by an aggrieved party to the Zoning Board of Appeals.

2.

The Building Official may require the applicant to furnish such plans, elevations and similar documentation as is deemed necessary to permit a complete review and evaluation of the proposal.

3.

Any determination of compatibility shall be based upon these standards, with a comparison to the character, design and appearance of homes in the same neighborhood within 300 feet of the subject lot, outside of any manufactured housing parks. If the area within 300 feet does not contain any such homes, then the nearest 25 similar type dwellings shall be considered.

The exterior of a two-family dwelling (or duplex) shall be designed, constructed and maintained in a manner that provides the appearance of a single-family dwelling as specified by Section 8.108 (Single-Family Dwellings, Detached). All other requirements of Section 8.108 shall apply.

Cemeteries and similar uses shall be subject to the following:

A.

Ingress and Egress.

All access shall be provided from a public street classified as a collector, arterial or thoroughfare by the City's Master Plan, or county or state road authorities.

B.

Screening.

All sides of the cemetery shall be screened from any residential districts or existing residential uses by a landscaped greenbelt in accordance with Article 14 (Landscaping and Screening), and secured by a continuous fence or wall in accordance with Article 15 (Walls and Fences).

C.

Setback.

A part of any crypt, mausoleum, or other building containing bodies or remains, other than a subterranean grave, shall be located at least 100 feet from the nearest lot line.

D.

Continuity.

The location of such facility shall not disrupt the convenient provision of utilities to adjacent properties, nor create disruption of the continuity of the street system for the area.

E.

Compliance.

An approved cemetery shall comply with all federal, state and local laws and requirements relating to cemeteries enacted by the State of Michigan.

The following regulations shall apply to hospitals:

A.

Frontage and Access.

Hospitals shall have frontage on, and direct vehicle access to a public street classified as a collector, arterial or thoroughfare by the City's Master Plan, or county or state road authorities.

B.

Setbacks.

The principal building and all accessory buildings shall be set back a minimum distance of 100 feet from any property line for all two (2) story buildings. For every story over two (2), the minimum yard distance shall be increased by 20 feet. The Planning Commission may reduce the setback requirements in exchange for enhanced screening.

C.

Screening.

Ambulance, emergency entrance areas, and loading areas shall be effectively screened from view from all adjacent residential uses by the building design, landscaping, or a masonry wall.

D.

Accessory Uses.

Accessory uses, such as a pharmacy, gift shop, cafeteria, place of worship, and similar uses shall be allowed within the principal building(s) for the exclusive use of patients, employees and their guests. No exterior signs of any type are permitted for these accessory uses.

The following shall apply to all educational, social and religious institutions, public and private elementary and secondary schools, institutions for higher education, auditoriums, and other places for assembly, and centers for cultural activities:

A.

Height of Structure.

The maximum height of the principal building shall be permitted to exceed the maximum height requirements of the district up to a maximum height of 45 feet, provided that the minimum required front, side and rear yard setbacks shall be increased to equal the height of the building wall abutting each yard.

The highest point of chimneys, stage towers of scenery lofts, church spires, cupolas, and domes may be erected to a height not exceeding twice the height of the building, provided that no such structure shall occupy a total area greater than twenty percent (20%) of the roof area of the building.

B.

Frontage and Access.

Institutional uses shall have frontage on, and direct vehicle access to a public street classified as a collector, arterial or thoroughfare by the City's Master Plan, or county or state road authorities. Vehicle access to local streets shall be limited to secondary access where necessary for health and safety purposes.

C.

Landscaping.

Institutional uses shall comply with the landscaping and screening requirements set forth in Article 14 (Landscaping and Screening). For landscaping purposes, all institutions in residential districts shall be treated as non-residential land uses.

The following regulations shall apply to nursing homes, convalescent homes, rest homes, orphanages, and halfway houses:

A.

Minimum Lot Area.

The minimum lot area for such facilities shall be three (3) acres.

B.

Frontage and Access.

Nursing and convalescent homes, foster care large group homes, and assisted living facilities shall have frontage on, and direct vehicle access to a public street classified as a collector, arterial or thoroughfare by the City's Master Plan, or county or state road authorities. Vehicle access to local streets shall be limited to secondary access where necessary for health and safety purposes.

C.

Setbacks.

The principal building and all accessory buildings shall be set back a minimum distance of 40 feet from any property lines.

D.

Open Space.

Any such facility shall provide a minimum of 500 square feet of outdoor open space for every bed used or intended to be used. The open space shall be landscaped and shall include places for walking and sitting. Off-street parking areas, driveways, basins, ponds, and accessory uses or areas shall not be counted as required open space.

E.

State and Federal Regulations.

Nursing homes, convalescent homes, rest homes, orphanages and halfway houses shall be constructed, maintained, and operated in conformance with applicable local, state, and federal laws.

F.

Accessory uses.

Accessory retail, restaurant, office and service uses may be permitted within the principal building(s) for the exclusive use of residents, employees and their guests. No exterior signs of any type are permitted for these accessory uses.

A.

Location.

Where feasible, utility structures and public service buildings shall be located so as to not hinder the development of the area or detract from the value of adjoining development. Operating requirements necessitate the location of the facility within the district to serve the immediate vicinity.

B.

Off Site Impacts.

Such uses shall not create a health or safety hazard, a nuisance, or have deleterious impact on the surrounding area either due to appearance or operation.

1.

Performance Standards. Public utility and essential service structures and uses shall conform with Article 23 (Performance Standards).

2.

Solid Waste Transfer Stations. In no case shall access to a solid waste transfer station be provided within or directly abutting the boundary line of a residential district.

C.

Site Development Standards.

1.

Design. All such uses shall be contained in structures that are architecturally compatible with structures in the vicinity. The Planning Commission may require screening in accordance with Article 14 (Landscaping and Screening).

2.

Security Fencing. Security fencing is permitted, subject to the requirements of Article 15 (Walls and Fences).

3.

Outdoor Storage. No outdoor storage is permitted unless expressly permitted in the district where the facility is located.

4.

Setbacks. A minimum setback of 50 feet is required from any lot line.

A.

Uses Specified.

Uses subject to these controls and regulations are herein defined as adult regulated uses of land, and the enterprises conducted within are classified as "adult only businesses." These uses and businesses are as follows:

1.

Adult related businesses.

2.

Adult motion picture theaters/arcades or adult live stage performing theater.

3.

Adult book or supply store and video stores.

4.

Adult cabarets.

5.

Adult model studio.

6.

Adult motel.

B.

Uses Not Interpreted as Adult Regulated Uses.

The following uses shall not be interpreted as adult regulated uses included within the definition of an adult only business:

1.

Establishments that routinely provide such services by a licensed physician, a licensed chiropractor, a licensed physical therapist, a licensed nurse practitioner, or any other similarly licensed or certified medical professional.

2.

Establishments that offer massages performed by certified massage therapists.

3.

Gymnasiums, fitness centers, and health clubs.

4.

Electrolysis treatment by a licensed operator of electrolysis equipment.

5.

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

6.

Hospitals, nursing homes, medical clinics, or medical offices.

7.

Barber shops, beauty parlors, hair stylists and salons which offer massages by certified massage therapists.

8.

Adult photography studios whose business activity does not include the taking of photographs of "specified anatomical areas," as defined in Section 25.02 (Definitions).

C.

Site Location.

1.

Adult only businesses are prohibited from locating within 1,500 feet of a: residential zoning district, existing residential dwelling or use, religious institution or place of worship, school, library, public park or playground, non-commercial assembly hall, public office building, arcade, or licensed day care facility as defined in the Child Care Organizations Act (P.A. 116 of 1973, as amended). Measurement shall be made from the outer most boundaries of the lot or parcel upon which the proposed adult only business will be situated.

2.

An adult only business shall not be permitted within a 1,000 foot radius of an existing adult only business. Measurement shall be made from the outer most boundaries of the lot or parcel upon which the proposed adult only business will be situated.

D.

Site Development Requirements.

1.

The site layout, setbacks, structures, function, and overall appearance shall be compatible with adjacent uses and structures.

2.

Windows, displays, signs, and decorative structural elements of buildings shall not include or convey examples of a sexual nature. All such displays and signs shall be in conformance with this Ordinance.

3.

All building entries, windows, and other such openings shall be located, covered, or screened in such a manner as to prevent viewing into the interior from any public or semi-public area as determined by the Planning Commission.

4.

No loud speakers or sound equipment shall be permitted to project sound outside of the adult only business.

5.

An adult only business shall clearly post notification at the entrance to the business, or any portion of the business utilized for adult only use, that minors are excluded.

6.

An adult only business shall be located in a freestanding building. A shared or common wall structure or shopping center is not considered to be a freestanding building.

7.

"Mainstream media outlets" carrying less than a "substantial portion" of "adult media" (all as defined herein) are not subject to the standards for adult only businesses. The conditions for mainstream media outlets include:

Adult media in a shop to which this Section is applicable shall be kept in a separate room or section of the shop, which room or section shall:

a.

Restrict access to any person under the age of 18;

b.

Shall be physically and visually separated from the rest of the store by an opaque wall of durable material, reaching at least eight (8) feet high or to the ceiling, whichever is less;

c.

Shall be located so that the main entrance is as far as reasonably practicable from media or other inventory in the store likely to be of particular interest to children;

d.

Shall have access controlled by electronic or other means to ensure that persons under age 18 will not gain admission and that the general public will not accidentally enter such room or section or provide continuous video or window surveillance of the room by store personnel; and

e.

Shall provide notification at all entrances stipulating that persons under 18 are not permitted inside.

8.

"Adult cabarets" (as defined herein) are required to include a stage raised at least three (3) feet from the viewing floor, with a barrier of at least two (2) feet at the edge of the stage. A person is in violation of the Ordinance if he or she permits an entertainer to leave the stage, or permits a customer on to the stage.

E.

Use Regulations.

1.

No person shall reside in or permit a person to reside in the premises of an adult only business.

2.

No person shall operate an adult only business unless there is conspicuously placed in any room where such business is carried on, a notice indicating the process for all services performed therein. No person operating or working at such a place of business shall solicit or accept any fees except those indicated on any posted notice.

3.

The owners, operators, or persons in charge of an adult only business shall not allow entrance into such building or any portion of a building used for such use, to any minors as defined by MCL 722.51 et seq., as amended.

4.

No adult only business shall posses, disseminate or permit persons therein to posses or disseminate on the premises any obscene materials as defined by MCL 752.361 et seq., as amended.

5.

No person shall operate an adult personal service business without obtaining a current zoning and building occupancy permit. Such licenses shall be issued by the Building Official or duly appointed designee following an inspection to determine compliance with the relevant ordinances of the City of Riverview. Such license shall be subject to all regulations of federal, state, and local governments.

6.

No person shall lease or sublease, nor shall anyone become the lessee or sublessee of any property for the purpose of using said property for an adult only business without the express written permission of the owner of the property for such use and only upon having obtained the appropriate licenses and permits from the City of Riverview, Wayne County, and the State of Michigan.

F.

Conditions and Limitations.

Prior to the granting of any permit herein provided, the Planning Commission may impose any such conditions or limitations upon the location, construction, maintenance or operation of the establishment or adult only business, as may in its judgment, be necessary for the protection of the public interest. Failure to follow such limitation or condition will act to immediately terminate any permit or license issued.

G.

Limit on Reapplication.

No application for an adult only business that has been denied wholly or in part shall be resubmitted for a period of 365 calendar days from the date of the order of denial, except on the grounds of new evidence not previously considered or proof of a change in conditions from the original request.

Amusement arcades that provide space for patrons to engage in the playing of mechanical amusement devices or similar activities, subject to the following:

A.

Access and Location.

All amusement arcades shall have frontage on, and direct vehicle access to a public street classified as a collector, arterial or thoroughfare by the City's Master Plan, or county or state road authorities. Such uses shall be located no closer than 500 feet to the property line of any elementary, intermediate or high school.

B.

Setbacks.

No building shall be located within 500 feet of any front, side, or rear yard line which abuts any residential district. No amusement arcade use shall be located within 500 feet of the property line of a similar business.

C.

Licensing.

The amusement arcade use shall comply with the applicable provisions of the City of Riverview Code of Ordinances regarding licensing and regulation of electronic/mechanical amusement devices and video games.

Outdoor sales or display areas for sales or rentals of motor vehicles, recreational vehicles, building supplies, equipment, boats, merchandise or similar items shall be subject to the following:

A.

Use Standards.

1.

Servicing of Vehicles. Vehicle service and repair activities shall be subject to the standards of Section 8.304 (Automobile Truck, and Heavy Equipment Repair Garage - Minor or Major Repairs).

2.

Broadcasting Devices Prohibited. Devices for the broadcasting of voice, telephone monitoring, music or any other amplified sound shall be prohibited outside of any building.

3.

Location. The location of all sales activity and the display of all merchandise shall be maintained in the area specified on an approved plan. No sales activity or display of merchandise shall be permitted in the public right-of-way or any required setback.

4.

Hours of Operation. Where the use abuts a residential district, the maximum hours of operation shall be limited to between the hours of 9:00 a.m. and 9:00 p.m., Monday through Friday; and between 10:00 a.m. and 5:00 p.m. on Saturdays.

B.

Site Standards.

1.

Setbacks. Outdoor sales or display areas shall be set back a minimum of ten (10) feet from any parking area, driveway or access drive, and 20 feet from any street right-of-way. No outdoor sales area shall be located within 50 feet of any residential district or use.

2.

Exterior lighting of outdoor sales or display area. The Planning Commission may permit a maximum intensity of 20.0 footcandles for lighting within the outdoor sales or display area, provided that site lighting is otherwise in compliance with Article 16 (Lighting).

3.

Signs. Additional signs shall not be permitted beyond those permitted for the principal use.

4.

Sidewalk standards. The proposed activity shall be located so as to ensure safe vehicular and pedestrian circulation.

5.

Grading, surfacing, and drainage. Outdoor sales lots, parking areas, and other vehicle maneuvering areas shall be hard-surfaced with concrete or bituminous material, and shall be graded and drained so as to effectively dispose of or retain surface waters. Grading, surfacing, and drainage plans shall be subject to review and approval by the City Engineer.

6.

Landscaping and screening. Such sales or display area shall be screened from adjacent residential districts by a landscaped greenbelt in accordance with Article 14 (Landscaping and Screening), or an obscuring wall in accordance with Article 15 (Walls and Fences).

7.

Driveway location. The nearest edge of any driveway shall be located at least 60 feet from any street or road intersection, as measured from the nearest intersection right-of-way line.

The following regulations shall apply to automobile, truck and other motor vehicle fueling (gas) stations, repair garages, and service centers:

A.

Use Standards.

1.

Repair and service use limitations. All equipment and service bays, hoists, pits, and other facilities shall be entirely within an enclosed building, and all repair work shall be conducted completely within an enclosed building. Repair stations shall not be permitted on sites immediately adjacent to any residential zoning district or use.

2.

Noise and odors. There shall be no external evidence of service and repair operations, in the form of dust, odors, or noise, beyond the interior of the service building. Buildings containing service and repair activities shall have appropriate filtering systems to prevent emission of odors. Building walls facing any residential districts or uses shall be of masonry construction with sound proofing.

3.

Traffic impacts and pollution prevention. The applicant shall submit a Pollution Incidence Protection Plan (PIPP) describing measures to prevent groundwater contamination caused by accidental gasoline spills or leakage, such as special check valves, drain back catch basins and automatic shut off valves. A traffic impact study may also be required by the Planning Commission.

4.

Storage. The storage, sale, rental or display of new, used, inoperable, wrecked or partially dismantled automobiles, trucks, trailers, and any other vehicles, vehicle components and parts, materials, commodities, supplies or equipment on the premises is prohibited except in conformance with the requirements of this Section and Ordinance:

a.

Outdoor storage shall be prohibited accessory to a fueling (gas) station, unless separate approval has been granted for a vehicle repair use.

b.

Suitable containers shall be provided and utilized for the disposal of used parts or materials, which shall be stored at least 18 inches above the ground and such containers shall be screened from public view.

c.

Inoperable vehicles shall not be stored or parked outside for a period exceeding ten (10) days for repair stations and 24 hours for service centers. Partially dismantled vehicles, damaged vehicles, new and used parts, and discarded parts shall be stored within a completely enclosed building.

B.

Pump Island Canopy.

1.

The proposed clearance of any pump island canopy shall be noted on the site plan, along with any signs, logo or identifying paint schemes on the canopy.

2.

All lighting fixtures under the canopy shall be fully recessed into the canopy structure. The Planning Commission may permit a maximum intensity of 20.0 footcandles for lighting under the canopy as part of site plan approval, provided that site lighting is otherwise in compliance with this Ordinance, including the provisions of Article 16 (Lighting).

C.

Lot and Setback Standards.

1.

Minimum Lot Area. The minimum lot area required for such uses shall be 15,000 square feet.

2.

Minimum Lot Width. The minimum lot width required for such uses shall be 150 feet.

3.

Minimum Setbacks. Buildings shall comply with the setback requirements for the district in which the use is located. However, a minimum setback of 40 feet shall be maintained on all sides that abut property that is zoned or used for residential purposes.

4.

Minimum Setback from Right-of-Way Line. Pump islands and canopies shall comply with the following requirements:

a.

Nearest Edge of Pump Island: 25 feet

b.

Nearest Edge of Unenclosed Canopy: 20 feet

D.

Ingress and Egress.

1.

Ingress and egress drives shall be a minimum of 31 feet and a maximum of 40 feet in width.

2.

No more than one (1) such drive or curb opening shall be permitted for every 150 feet of frontage (or fraction thereof) along any street.

3.

Curb openings for drives shall not be permitted where the drive would create a safety hazard or traffic nuisance because of its location in relation to other ingress and egress drives, its location in relation to the traffic generated by other buildings or uses, or its location near vehicular or pedestrian entrances or crossings.

4.

The nearest edge of any such drive shall be located at least 25 feet from a street intersection (measured from the road right-of-way), and from adjacent residential districts or uses.

E.

Screening.

1.

All wrecked or damaged vehicles shall be screened from public view, and shall not be parked or stored within any front yard area.

2.

Open service bays and overhead doors shall not face on to adjacent residential districts, or public or private roads unless screened by an adjoining lot, building, or obscuring wall in accordance with Article 15 (Walls and Fences).

3.

Outdoor storage of parts or materials shall be prohibited unless such storage is screened by an obscuring fence, in accordance with Article 15 (Walls and Fences), which meets all setback requirements. An obscuring wall shall be provided on those side and rear lot lines abutting a residential district or use.

4.

The Planning Commission can modify screening requirements upon determining that an alternative design or method would provide adequate screening.

Automobile car wash, subject to the following:

A.

Use Standards.

1.

All washing facilities shall be completely within an enclosed-building.

2.

Vacuuming facilities may be outside the building, but shall not be in the front yard and shall not be closer than 100 feet from any residential district. Where such facilities are located in a side or rear yard abutting a street, such use shall be screened consistent with the requirements of Article 14 (Landscaping and Screening).

3.

Exit lanes shall be sloped to drain water back to the wash building or to drainage grates.

4.

The use of steam in the cleaning process shall be permitted when confined within an enclosed building.

5.

A traffic impact study may be required by the Planning Commission, in accordance with Section 24.16 (Traffic Impact Studies).

B.

Lot and Setback Standards.

1.

Minimum Setback. All buildings shall have a front yard setback of not less than 40 feet, and shall be set back a minimum of 50 foot setback from any residential district or use.

2.

Lot size and frontage. A self-service car wash shall have a minimum lot area of 10,000 square feet, with a minimum of 100 feet of frontage along a major street. An automatic car wash shall have a minimum lot area of 20,000 square feet, with a minimum of 150 feet of frontage along a major street.

C.

Ingress/Egress.

Curb openings for drives shall not be permitted where the drive would create a safety hazard or traffic nuisance for other ingress and egress drives, traffic generated by other buildings or uses, or adjacent or pedestrian crossings.

1.

Streets and alleys shall not be used for maneuvering or parking by vehicles to be serviced by the automobile wash. Sufficient space shall be provided on the lot so that vehicles do not enter or exit the wash building directly from an adjacent street or alley.

2.

All maneuvering areas, stacking lanes, and exit aprons shall be located within the car wash property.

3.

Ingress and egress points shall be located at least 60 feet from the intersection of any two (2) streets. No more than one (1) such drive or curb opening shall be permitted per street.

4.

Adequate stacking space shall be provided for all cars required to wait for access to the facilities, in accordance with the standards of Section 13.02C (Number of Spaces Required), so that waiting vehicles do not block the street right-of-way.

D.

Screening.

1.

Screening shall be provided on those side and rear lot lines abutting a residential district or use in accordance with Article 14 (Landscaping and Screening).

2.

An obscuring wall shall be provided on those side and rear lot lines abutting a residential district or use in accordance with Article 15 (Walls and Fences).

3.

The Planning Commission can modify screening requirements upon determining that an alternative design or method would provide adequate screening.

Drive-in and drive-through lanes, facilities or establishments shall be subject to the following:

A.

Frontage and Setback Standards.

1.

Setbacks. Building or other structures proposing front yard parking for a drive-in establishment must meet the requirements for the zoning district in which it is located. A setback of at least 60 feet from the right-of-way line of any existing or proposed street must be maintained.

2.

Minimum Frontage. The site shall have a minimum of 120 feet of frontage on a public street.

B.

Driveways and Stacking Spaces.

1.

Ingress and egress points shall be located no closer than 60 feet from the intersection of any two (2) streets (measured from the nearest right-of-way line).

2.

The minimum distance between driveways providing off-site ingress or egress shall be at least 65 feet measured from the two closest driveway curbs.

3.

Stacking spaces shall be provided for each drive-through window as required in Section 13.02C (Number of Spaces Required).

C.

Screening.

An obscuring wall shall be provided along all property lines abutting lots zoned for residential or office uses, subject to the requirements in Article 15 (Walls and Fences).

The following regulations shall apply to funeral homes and mortuaries:

A.

Assembly Area.

An adequate assembly area shall be provided off-street for vehicles to be used in funeral processions. All maneuvering areas and exit aprons shall be located within the site. Streets and alleys shall not be used for maneuvering or parking of vehicles.

B.

Screening.

The service and loading area shall be obscured from adjacent residential areas in accordance with Article 14 (Landscaping and Screening).

C.

Caretaker's Residence.

A caretaker's residence may be provided within the principal building as an accessory dwelling unit, or on the site as a detached single-family dwelling subject to the following:

1.

The requirements of Section 8.108 (Single-Family Dwelling, Detached).

2.

The dimensional standards of the R-4 (Single-Family Residential) District, as specified in Section 9.101 (Table of Dimensional Standards by District).

Golf courses, which may or may not be operated for profit, subject to the following conditions:

A.

Access.

Primary vehicle access to all golf courses shall be from a public street classified as a collector, arterial or thoroughfare by the City's Master Plan, or county or state road authorities. Vehicle access from local streets shall be limited to secondary access where necessary for health and safety purposes. Service roads, entrances, driveways, and parking areas shall be designed to separate pedestrian and vehicular traffic.

B.

Design Standards.

1.

Development features (including structures, fairways and greens, waterbodies and service facilities) shall be arranged to minimize adverse impacts on adjacent properties and uses.

2.

All structures shall be set back a minimum of 100 feet from any property line abutting residentially zoned lands. Where topographic conditions are such that buildings would be screened from view, the Planning Commission may modify or waive this requirement.

The following regulations shall apply to greenhouses, nurseries, and garden centers:

A.

Setbacks.

Plant storage and display areas shall comply with the minimum setback requirements for the district in which the establishment is located.

B.

Storage.

The storage of soil, wood chips, fertilizer, and similar loosely packaged materials shall be contained and covered to prevent it from blowing onto adjacent properties and from access by small animals.

The following regulations shall apply to kennels and animal shelters:

A.

Regulatory Compliance.

Any such kennel or animal shelter shall be subject to all permit and operational requirements established by appropriate regulatory agencies.

B.

Minimum Lot Area.

The lot on which any such kennel or animal shelter is located shall have a minimum lot area of one (1) acre. If more than four (4) animals are housed in the kennel or animal shelter, an additional one (1) acre shall be required for every additional ten (10) animals.

C.

Screening.

Structures where animals are kept, outdoor runs and exercise areas shall be screened in accordance with Article 15 (Walls and Fences), and shall have impervious surfaces and an approved system for runoff, waste collection and disposal.

D.

Performance Standards.

The Planning Commission may impose other conditions and limitations deemed necessary to prevent or mitigate possible nuisances related to noise or odor.

E.

Setbacks.

Structures where animals are kept, outdoor runs and exercise areas shall not be located in any required yard setback areas, and shall also be set back at least 50 feet from existing residential uses or residentially zoned property.

Hotels and motels shall be subject to the following regulations:

A.

Location.

Hotels and motels shall have frontage on, and direct vehicle access to a public street classified as an arterial or thoroughfare by the City's Master Plan, or county or state road authorities.

B.

Accessory Facilities.

A motel or hotel may include the following amenities:

1.

An attached dining room with seating capacity for at least 20 occupants at the same time, serviced by a full service kitchen.

2.

An unattached standard restaurant, as defined in this Ordinance, with seating capacity for not less than 50 occupants, located on the same site as the motel or on a site contiguous with the motel and developed simultaneously or in advance of the motel site.

C.

Design.

Each unit available for rental within a motel or hotel shall contain a bath and at least one (1) bedroom and encompass a minimum gross floor area of 300 square feet.

D.

Services.

A motel or hotel shall provide customary services.

The following regulations shall apply to permanent open-air businesses:

A.

Dimensional Standards.

1.

Minimum Lot Area. The minimum lot area for an open-air businesses shall be 10,000 square feet

2.

Lot Width. The minimum lot width for open-air businesses shall be 100 feet.

3.

Parking Setback. Parking shall be setback a minimum of ten (10) feet from any road right-of-way line.

B.

Access and Parking.

1.

Driveway Location. The nearest edge of any driveway serving an open-air business shall be located at least 60 feet from any street or road intersection (as measured from the nearest intersection right-of-way) and at least 20 feet from any side property line.

2.

Loading and Parking. All loading and parking areas for open-air businesses shall be confined within the boundaries of the site, and shall not be permitted to spill over onto adjacent roads or alleys.

C.

Outdoor Display of Vehicles.

The outdoor display of new or used automobiles, boats, mobile homes, recreational vehicles, trailers, trucks, or tractors that are for sale, rent, or lease shall comply with the requirements in Section 8.303 (Outdoor Sales or Display Area…).

All outdoor eating areas and sidewalk cafés shall be accessory to a permitted restaurant use in the zoning district, and shall be subject to the approval procedure and requirements of this Ordinance, and the following:

A.

Pedestrian Circulation Standards.

Pedestrian circulation and access to building entrances shall not be impaired. A minimum of six (6) feet of sidewalk along the curb and leading to the entrance to the establishment must be maintained free of tables and other encumbrances. Planters, posts with ropes or other removable enclosures shall be used to define the area occupied by the outdoor café.

B.

Use Standards.

The outdoor café must be kept clean, litter-free, and with a well-kept appearance within and immediately adjacent to the area of the tables and chairs. Additional outdoor waste receptacles may be required. Written procedures for cleaning and waste containment and removal responsibilities must be included with all applications and approved by the Planning Commission. Preparation of food and beverages is prohibited in the outdoor café area.

C.

Compatibility.

1.

Tables, chairs, planters, waste receptacles, and other elements of street furniture should be compatible with the architectural character of the adjacent buildings. If table umbrellas will be used, they should complement building colors.

2.

Additional signs are not permitted beyond those permitted for the existing restaurant.

Stores that sell packaged beer, wine and liquor shall be set back a minimum of 1,000 feet from any other store that sells packaged beer, wine and liquor, all religious institutions, and places of worship, all child care facilities, schools, parks and hospitals, and all adult only businesses or sexually-oriented businesses. The separation distance between uses shall be measured horizontally between the nearest point of each property line.

A.

Outdoor Recreation Facilities.

Public and private noncommercial recreational areas, recreation centers, and swimming pool clubs shall comply with the following conditions:

1.

Circulation. The proposed site, for any of the uses permitted herein, which would attract persons from or are intended to serve areas beyond the immediate neighborhood, shall have at least one (1) property line abutting a public street as designated on the public street plan, and the site shall be so planned as to provide all access in accordance with Section 13.01 (Streets, Roads, and Other Means of Access).

2.

Setbacks. Front, side and rear yards shall be at least 80 feet wide, and shall be landscaped in trees, shrubs and grass. All such landscaping shall be maintained in a healthy condition.

3.

Off-street Parking. Off-street parking shall comply with the standards of Section 13.02 (Off-Street Parking Requirements).

4.

Swimming Pools. Whenever a swimming pool is constructed under this ordinance, said pool area shall be provided with a protective fence six (6) feet in height and entry shall be provided by means of a controlled gate.

B.

Indoor Recreation Facilities.

Indoor recreation facilities, such as, but not limited to, bowling establishments, indoor archery ranges, firing ranges, indoor tennis courts, indoor skating rinks or hockey rinks, indoor skate parks, indoor firing ranges, indoor soccer arenas, and similar indoor recreation uses shall comply with the following regulations:

1.

Indoor recreation uses shall be set back a minimum of 50 feet from any property line that abuts a residential district.

2.

The location, design, and operation of an indoor recreation use shall not adversely affect the continued use, enjoyment, and development of adjacent properties. In considering this requirement, particular attention shall be focused on the adverse impact resulting from loitering on the premises.

3.

Indoor recreation uses shall have direct access onto a public street.

4.

Any parking area abutting property zoned or used for residential purposes shall be screened per requirements of Article 15 (Walls and Fences).

Restaurants shall be subject to the following regulations:

A.

Access.

Primary vehicle access to a restaurant shall be from a public street classified as a collector, arterial or thoroughfare by the City's Master Plan, or county or state road authorities.

B.

Trash Disposal.

Rubbish and food waste shall be stored in secured dumpsters or similar containers designed to minimize odors and prevent animal or insect infestation, and shall be regularly removed from the site. Dumpsters shall be visually screened from street rights-of-way and thoroughfares, and from abutting residential districts or uses, in accordance with the requirements of Section 24.12 (Waste Dumpsters & Enclosures).

C.

Location.

If located in a multi-tenant shopping center in a B-1 (Local Business) District, the following shall apply:

1.

Size. Not to exceed 2,500 square feet.

2.

Location. There shall be no more than one (1) restaurant for every 20,000 square feet of floor space of the shopping center.

Each establishments shall be located at least 1,000 feet from all child care centers, schools, parks, hospitals and adult only business or any other bar and/or lounge. Screening consisting of a masonry wall and a buffer strip shall be required on all side and rear lot lines abutting a residential district or use.

Veterinary clinics and hospitals shall comply with the following requirements:

A.

Veterinary Clinics.

1.

Enclosure. All activities shall be conducted within a completely enclosed building.

2.

Setbacks. All buildings shall be set back at least 50 feet from abutting land that is zoned for residential use.

3.

Treatment Facilities. Keeping of animals overnight shall be limited to the interior of the principal building. Treatment shall be limited to domesticated animals considered as pets.

B.

Veterinary Hospitals.

1.

Enclosure. All activities shall be conducted within a completely enclosed building.

2.

Setbacks. All buildings shall be set back at least 50 feet from existing residential uses or land that is zoned for residential use.

3.

Treatment Facilities. Treatment of non-domesticated animals is permitted; however, all facilities shall meet the requirements for commercial kennels in Section 8.310 (Kennels and Animal Shelters).

Retail uses shall be deemed acceptable accessory uses in an industrial district if the following criteria are met:

A.

Character of the Principal Use.

The principal use on the site must be clearly industrial in character. The retail activity must be an integral part of the business such that separation of the manufacturing and retail activity would adversely affect operations and management procedures.

B.

Percent of Floor Area.

The retail activity shall occupy no more than thirty percent (30%) of total floor area nor the retail sales at the site exceed more thirty percent (30%) of the gross revenue generated by the site.

C.

Products Offered for Sale.

Retail sales shall be limited primarily to products produced on the premises. If the Community Development Director determines that the sale of limited specialty products not produced on the premises is essential to installation or use of the principal product sold, then such sales may be permitted provided that in total, they do not exceed fifty percent (50%) of the total on-site retail sales.

D.

Compatibility of Traffic.

The type and quantity of traffic generated by the retail sales operation shall be compatible with the approved capacity serving the site and other permitted industrial uses in the district.

E.

Parking.

Adequate parking shall be provided for the retail sales, as specified in Section 13.02 (Off-Street Parking Requirements). Parking facilities shall be subject to the location and setback requirements for the district in which the use is located.

Massage therapy clinics and uses shall be subject to the following conditions:

1.

Hospitals, sanitariums, nursing homes, medical clinics or the offices of physicians, surgeons, chiropractors, osteopaths, psychologists, clinical social workers or family counselors who are licensed to practice in the state shall be permitted to provide massage therapy services as an accessory use within the principal building.

2.

All massage therapists shall be licensed (where such licenses are available), and shall be certified members of the American Massage and Therapy Association or International Myomassethics Federation. Proof of such licenses or certifications shall be provided to the City.

3.

All activities that meet the definition of an adult use or sexually-oriented business shall be prohibited.

Such uses shall comply with Article 23 (Performance Standards), and shall conform to current standards established by the U.S. Environmental Protection Agency, the U.S. Department of Agriculture, the Michigan Department of Natural Resources, the Michigan Department of Environmental Quality, the Michigan State Police, the Fire Department, and the Wayne County Health Department. The applicant must supply the following documentation with any plan submitted for review:

1.

Description of all planned or potential discharges of any type of wastewater to a storm sewer, drain, river, stream, wetland, other surface water body or into the groundwater.

2.

Description of storage area for any salt, oil or other potentially hazardous materials including common name, name of chemical components, location, maximum quantity expected on hand at any time, type of storage containers or base material, and anticipated procedure for use and handling.

3.

Description of any transportation, on-site treatment, cleaning of equipment, and storage or disposal of hazardous waste or related containers.

4.

Description of all secondary containment measures, including design, construction materials and specifications, and security measures

5.

Description of the process for maintaining and recording of all shipping manifests.

A.

Setbacks and Screening.

Sites shall not be located within 500 feet of any residential district or use. Appropriate screening, shall be provided along all side or rear lot lines in accordance with Article 15 (Walls and Fences).

B.

Parking and Loading.

All parking, loading and maneuvering space shall be contained within the site. Special consideration shall be given to any potential loading and unloading nuisances on surrounding properties.

C.

Impact Assessment.

The applicant shall submit an impact assessment in accordance with Section 24.15 (Impact Assessments), describing the expected impacts associated with the use and any mitigation measures to be employed.

D.

Performance Standards.

All such uses shall comply with the performance standards listed in Article 23 (Performance Standards).

A.

General Requirements.

All outdoor storage areas must comply with the following requirements:

1.

No junk or junk vehicles shall be stored.

2.

The storage of soil, fertilizer and similar loosely packaged materials shall be contained and covered to prevent them from blowing into adjacent properties.

3.

Any outside storage area shall be paved or surfaced with hard surface material and shall include an approved storm water drainage system with containment.

B.

Setbacks.

Any storage area shall comply with the minimum setback requirements for the district in which the facility is located, and no storage shall be permitted in any required setback areas.

C.

Landscaping and Screening.

Sites shall be visually screened from all adjoining properties and street rights-of-way by a greenbelt or buffer strip in accordance with Article 14 (Landscaping and Screening), and a solid decorative masonry wall or fence at least six (6) feet and no more than eight (8) feet in height, in accordance with Article 15 (Walls and Fences). No materials shall be stored above the height of the required wall or fence. No trailer, manufactured home or truck trailer shall be stored or used for storage.

Junkyards, salvage yards and similar facilities shall be subject to the following:

A.

Minimum Lot Size and Setbacks.

Sites shall have a minimum lot area of ten (10) acres. The enclosed outdoor storage, dismantling or recycling area shall be set back a minimum of 100 feet from the front lot line, and 20 feet from the rear and side lot lines.

B.

Location.

Junkyards, salvage yards and similar facilities shall be located not less than 500 feet from any residential district.

C.

Screening.

A 20 foot wide buffer strip, and a masonry wall with a height of eight (8) feet, shall be required along all property lines in accordance with Article 15 (Walls and Fences).

D.

Use Standards.

The applicant must demonstrate that all proposed activities will comply with all state and federal regulations, the requirements of this Ordinance, and the following:

1.

Stored materials shall not be stacked higher than the height of the screening wall. Materials shall not be stored, loaded, unloaded, or dismantled outside the wall enclosing the yard. No vehicle, vehicle bodies, or other materials shall be stored in a manner as to be visible from any residence, business, or street.

2.

Materials shall be stored in rows with a minimum 20 foot wide continuous loop drive separating each row.

3.

All batteries shall be removed and all radiator and fuel tanks drained prior to placing any vehicles in the storage yard. Salvaged batteries, oil and other such substances shall be immediately removed by a licensed disposal company.

4.

The crushing of vehicles or any part thereof shall be limited to between 8:00 a.m. and 7:00 p.m., Monday through Saturday.

5.

The use shall be subject to periodic inspection by the City to ensure continuing compliance with the above standards.

A.

General Standards.

Recycling facilities shall be limited to the collection of recyclable materials for processing at another site. All storage of recycled materials shall be within appropriate containers that have adequate and convenient access, with lockable lids and doors. Access shall be provided solely on major streets.

B.

Setbacks.

Commercial composting operations shall be at least 500 feet from any residential district or use. All composting operations shall be at least 200 feet from the boundary of any lake, stream, drain, wetland or other surface water body, and the applicant shall describe procedures for managing stormwater runoff and preventing pollution of surface water bodies or groundwater.

C.

Performance Standards.

The applicant shall submit an impact assessment, in accordance with Section 24.15 (Impact Assessments), describing the expected odors, aesthetics, environmental impacts, vehicular and truck traffic impacts associated with the use, and any mitigation measures to be employed.

D.

Screening and Landscaping.

Sites shall be visually screened from all adjoining properties and street rights-of-way by a greenbelt or buffer strip in accordance with Article 14 (Landscaping and Screening), and a solid decorative masonry wall or fence at least six (6) feet and no more than eight (8) feet in height, in accordance with Article 15 (Walls and Fences). No materials shall be stored above the height of the required wall or fence.

The following regulations shall apply to self-storage warehouses:

A.

Lot Area.

The minimum lot area for mini-warehouses shall be two (2) acres.

B.

Permitted Use.

Self-storage-warehouse establishments shall be limited to storage of household goods and non-hazardous commercial goods. Storage of recreational vehicles and recreational equipment shall be subject to the following:

1.

Such storage shall be incidental to the main use of enclosed storage.

2.

Such storage shall be located to the rear of the lot and subject to any additional screening as determined by the Planning Commission at site plan review.

3.

All such recreational vehicle and equipment storage must be operable and licensed to operate on the highways of the State of Michigan.

C.

Site Enclosure.

Sites shall be visually screened from all adjoining properties and street rights-of-way by a greenbelt or buffer strip in accordance with Article 14 (Landscaping and Screening), and a decorative masonry wall or fence six (6) feet in height, in accordance with Article 15 (Walls and Fences).

D.

Exterior Appearance.

The exterior of any self-storage-warehouse shall be of finished quality and design, storage buildings shall have pitched roofs and gables. Storage building shall be orientated so that doors to the units do not face toward the road, unless such doors are completely screened from view from the road.

E.

Caretaker's Residence.

A caretaker's residence may be provided within the principal building as an accessory dwelling unit, or on the site as a detached single-family dwelling subject to the following:

1.

The requirements of Section 8.108 (Single-Family Dwelling, Detached).

2.

The dimensional standards of the R-4 (Single-Family Residential) District, as specified in Section 9.101 (Table of Dimensional Standards by District).

F.

On-Site Circulation and Parking.

All internal circulation routes shall be at least 24 feet wide.

A.

Separation Requirements.

The above uses shall be located at least 1,000 feet from any residential district or use, and 150 feet from any non-residential district boundary, except slaughtering, rendering and penning uses. All slaughtering, rendering and penning (only such animals that are to be slaughtered on premises) shall be located at least 1,000 feet from any other zoning district boundary.

B.

Sanitation Requirements.

The waste and by-products obtained from the slaughtering operations conducted on the premises may be transported to some other location to be rendered. No rendering shall be permitted on products originating outside of the slaughter house, and only dry rendering processes shall be used. All sanitary facilities shall be approved by the City of Riverview and the Wayne County Health Department, and all waste and manure shall be removed daily.

C.

Parking and Loading.

All parking, loading and maneuvering space shall be contained within the site. Special consideration shall be given to any potential loading and unloading nuisances on surrounding properties.

D.

Performance Standards.

Such uses shall comply with Article 23 (Performance Standards). The applicant shall submit an impact assessment, in accordance with Section 24.15 (Impact Assessments), describing the expected odors, aesthetics, environmental impacts, vehicular and truck traffic impacts associated with the use, and any mitigation measures to be employed.

Container yards shall be permitted only by special approval. Each container yard proposal shall be reviewed for compliance with the following restrictions:

A.

Site Plan.

Shipping containers shall be placed or stored in areas depicted on an approved site plan.

B.

Setbacks.

Shipping containers shall comply with the perimeter yard setbacks for structures in an industrial zoning district.

C.

Stacking.

Shipping containers may be stacked, provided that:

1.

Stacking shall not exceed 38 feet in height, unless specific approval is granted by the Planning Commission for this purpose.

2.

The containers shall not be visible from any public road or any lot used for non-industrial uses.

3.

Sites shall be visually screened from all adjoining properties and street rights-of-way by a greenbelt or buffer strip in accordance with Article 14 (Landscaping and Screening).

4.

Notwithstanding provisions of Article 15 (Walls and Fences), container yards shall be surrounded by a 10 to 15 foot high obscuring fence or wall set back 10 feet from property lines to allow for designated landscaping, subject to Planning Commission approval.

5.

Only block storage is permitted, so that the number of containers stacked vertically must be equaled or exceeded by the number of containers placed side-by-side.

6.

The stacked containers shall comply with the applicable fire codes, including installation and maintenance of fire lanes, fire suppression lines, hydrants, and other protective devices as determined by the City of Riverview Fire Chief.

D.

Security and Lighting.

All security and approved lighting shall be shielded and/or deflect from surrounding residential neighborhoods and public roads.

E.

Retention/Detention.

Shipping containers shall be stored on an impervious surface equipped with sufficient storm-water and runoff containment with connection to an adequate retention/detention process.

F.

Portability.

No container shall be permanently affixed to the ground and shall be able to be moved by a reasonable means within a 24-hour period.

G.

Active Use.

The shipping containers are used in the active transport of goods, wares or merchandise in support of a lawful principal use of the property.

H.

Hours of Operation.

All crane operations shall be conducted in daylight hours between 8:00 a.m. and 6:00 p.m.

A.

Setbacks.

Terminals shall be set back a minimum of two hundred (200) feet from any residential district or use.

B.

Traffic.

A traffic impact study shall be required meeting the standards of Section 24.16 (Traffic Impact Studies).

C.

Parking and Loading.

All parking, loading and maneuvering space shall be contained within the site. Special consideration shall be given to any potential loading and unloading nuisances on surrounding properties.

D.

Landscaping and Screening.

Screening shall be required on those side or rear lot lines abutting a residential district or use in accordance with in accordance with Article 15 (Walls and Fences).

Industrial, processing, and warehouse uses shall be deemed acceptable accessory uses in commercial districts if the following criteria are met:

A.

Character of the "Industrial" Use.

Assembly, fabrication, manufacturing, and warehouse activities shall be directly related to the specific products or services permitted as principal use on the site.

B.

Limits of Industrial Activities.

Any products manufactured or produced shall not be for general distribution to other retail stores or manufacturing facilities.

C.

Types of Equipment.

Heavy machinery typically found in manufacturing or industrial plants shall not be permitted. The machinery shall not create dust, noise, odor, vibration or fumes that would cause an adverse impact on neighboring properties.

D.

Percent of Floor Area.

All industrial activity shall occur within a defined area and shall occupy no more than thirty percent (30%) of total building floor area.

E.

Compatibility of Traffic.

The type and quantity of traffic generated by the industrial operation shall be compatible with the approved capacity serving the site and other permitted commercial uses in the district.

F.

Outside Activity Prohibited.

Industrial activity, if permitted, shall be located entirely within an enclosed building. All outside storage, except as specifically permitted in the district in which the use is located, shall be prohibited.

The following requirements shall apply to all large solar energy systems.

A.

Purpose and Intent. The purpose and intent of this Section is to establish standards for the siting, installation, operation, repair, decommissioning and removal of large solar energy systems within general industrial districts as a special land use.

B.

Site Plan Drawing and Supporting Materials. All applications for a large solar energy systems use must be accompanied by detailed site plans, drawn to scale and dimensioned and certified by a registered engineer licensed in the State of Michigan, displaying the following information:

1.

All requirements for a site plan contained in Article 20 of the City's Zoning Ordinance.

2.

All lot lines and dimensions, including a legal description of each lot or parcel comprising the large solar energy system.

3.

Names of owners of each lot or parcel within the City that is proposed to be within the large solar energy system.

4.

Vicinity map showing the location of all surrounding land uses.

5.

Location and height of all proposed solar array(s), buildings, structures, electrical tie lines and transmission lines, security fencing, and all above-ground structures and utilities associated with a large solar energy system.

6.

Horizontal and vertical (elevation) to scale drawings with dimensions that show the location of the proposed solar array(s), buildings, structures, electrical tie lines and transmission lines, security fencing and all above ground structures and utilities on the property.

7.

Location of all existing and proposed overhead and underground electrical transmission or distribution lines within the large solar energy system and within one thousand (1,000) feet of the outside perimeter of the large solar energy system.

8.

Proposed setbacks from the solar array(s) to all existing and proposed structures within the large solar energy system.

9.

Land elevations for the solar array(s) location and the relationship to the land elevations of all existing and proposed structures within the large solar energy system.

10.

Access driveways within and to the large solar energy system, together with a detailed narrative regarding dimensions, composition, and maintenance of each proposed driveway. All access drives shall be subject to Wayne County Road Commission approval, and shall be planned so as to minimize the use of lands for that purpose.

11.

Planned security measures to prevent unauthorized trespass and access and to warn of potential dangers during the construction, operation, removal, maintenance or repair of the large solar energy system.

12.

A written description of the maintenance program to be used for the solar array(s) and other components of the large solar energy system, including decommissioning and removal when determined by the City to be obsolete, uneconomic or abandoned. The description shall include maintenance schedules, types of maintenance to be performed, and decommissioning and removal procedures and schedules if the large solar energy system becomes obsolete, uneconomic or abandoned.

13.

A copy of the manufacturer's safety measures.

14.

Planned lighting protection measures.

15.

Additional detail(s) and information as required by the special land use requirements of the City's Zoning Ordinance.

C.

Application Escrow Account. An escrow account shall be deposited with the City's Community Development Department by the applicant when the applicant applies for a special land use approval for a large solar energy system. The monetary amount deposited by the applicant in escrow with the City shall be the amount estimated by the City to cover all reasonable costs and expenses associated with the special land use review and approval process, which costs shall include, but are not limited to, reasonable fees of the City Attorney, City Planner and City Engineer, as well as costs for any reports or studies that are reasonably related to the zoning review process for the application. Such escrow amount shall be in addition to any established filing or application fees. At any point during the special land use review process, the City may require that the applicant place additional funds into escrow with the City if the existing escrow amount deposited by the applicant is deemed insufficient by the City. If the escrow account needs replenishing and the applicant refuses to do so promptly, the special land use process shall cease unless and until the applicant makes the required additional escrow deposit. Any applicable zoning escrow resolutions or other ordinances adopted by the City must also be complied with by the applicant.

D.

Compliance with the County Building Code and the National Electric Safety Code. Construction of a large solar energy system shall comply with the National Electric Safety Code and the county building code (as shown by approval by the county) as a condition of any special land use permit under this Section.

E.

Certified Solar Array Components. Components of a solar array shall be approved by the Institute of Electrical and Electronics Engineers ("IEEE"), Solar Rating and Certification Corporation ("SRCC"), Electronic Testing Laboratories ("EIL"), or other similar certification organization acceptable to the City.

F.

Height. Maximum height of a solar array, other collection device, components or buildings of the large solar energy system shall not exceed fifteen (15) feet at any time or location on the property, as measured from the natural grade at the base of the solar array, device, component or building measured.

G.

Lot Size. A large solar energy system shall be located on one (1) or more parcels with an aggregate area of ten (10) acres or greater.

H.

Setbacks. A minimum setback distance of one hundred fifty (150) from all R-1 to R-4 zoning districts and seventy-five (75) feet from all other property boundaries on the outside perimeter of the large solar energy system shall be required for all buildings and solar arrays except for property boundaries where the applicable adjoining owner(s) agree to lessen that setback distance by executing a signed written waiver of this requirement in recordable form, provided no such waiver shall act to permit less than the required minimum setback of the applicable zoning district.

I.

Screening/Security. A large solar energy system shall be completely enclosed by perimeter security fencing to restrict unauthorized access. Such fencing shall be six (6) feet in height. Electrified fences, or any fence upon which spikes, nails, razor wire or other sharp or pointed instruments or security materials are fixed, attached or placed shall be prohibited. Barbed wire shall be prohibited, except in industrial districts where the Planning Commission may approve the use of barbed wire at the top of a fence extending over the property to be enclosed. The perimeter of large solar energy systems shall also be screened and buffered by installed evergreen vegetative plantings whenever existing natural forest vegetation does not otherwise continuously obscure the large solar energy system's entire perimeter from adjacent parcels, subject to the following requirements:

1.

Unless screened and buffered at all times by natural forest vegetation meeting the minimum spacing and height requirements, and having a substantially similar obscuring effect of an evergreen vegetative buffer installed pursuant to this Section, a continuous evergreen vegetative buffer shall be installed and maintained at all times at the perimeter of the all large solar energy systems, including without limitation between such large solar energy systems and adjacent residential or commercial/industrial areas and/or public highways or streets. Nothing contained herein shall be construed to prevent reasonable access to any large solar energy system as approved by the special land use permit.

2.

The evergreen vegetative buffer shall be composed of evergreen trees or shrubs that at planting shall be a minimum of six (6) feet in height. The evergreen trees or shrubs shall be spaced no more than ten (10) feet apart on center (from the central trunk of one plant to the central trunk of the next plant). Within five (5) years of planting, required evergreen vegetative screening shall be no less than fifteen (15) feet tall.

3.

Failure to continuously maintain the required evergreen vegetative buffer shall constitute a violation of this Section and sufficient grounds for revocation of any special land use previously granted.

J.

Signage. No lettering, company insignia, advertising or graphics shall be on any part of the solar arrays or other components of the large solar energy system.

K.

Noise. No component of any large solar energy system shall emit noise exceeding forty-five (45) DBA as measured at the outside perimeter of the project.

L.

Lighting. All lighting for parking lots, driveways, external illumination of buildings, or the illumination of signs shall be directed away from and be shielded from adjacent properties and shall be so arranged as to not adversely affect driver visibility on adjacent public roads in accordance with Article 16.

M.

Distribution, Transmission and Interconnection. All collection lines and interconnections from the solar array(s) to any electrical substations shall be located and maintained underground inside the large solar energy system. The Planning Commission may waive this requirement if it determines that it would be impractical or unreasonably expensive to install, place or maintain such collection lines and interconnections underground.

N.

Abandonment and Decommissioning. Following the operational life of the project, the applicant shall perform decommissioning and removal of the large solar energy system and all its components. The applicant shall prepare a decommissioning plan and submit it to the Planning Commission for review and approval prior to issuance of the special land user approval. Under this plan, all structures and facilities shall be removed, including any structures below-grade, and removed offsite for disposal. No concrete, piping and other materials may be left in place. Any solar array or combination of photovoltaic devices that is not operated for a continuous period of twelve (12) months shall be considered abandoned and shall be removed under the decommissioning plan. The ground must be restored to its original condition within one hundred eighty (180) days of abandonment or decommissioning.

O.

General Standards. The Planning Commission shall not approve any large solar energy system unless it finds that all of the general standards for special land uses contained in Article 20 of this Ordinance are met.

P.

Safety. The Planning Commission shall not approve any large solar energy system special land use permit unless it finds the large solar energy system will not pose a safety hazard or unreasonable risk of harm to the occupants of any surrounding properties or area wildlife.

Q.

Conditions and Modifications. Any conditions and modifications approved by the Planning Commission shall be recorded in the Planning Commissions' meeting minutes. The Planning Commission may, in addition to other reasonable conditions, require landscaping, walls, fences and other improvements that are reasonable in relation to and consistent with the nature of the applicable or adjacent zoning districts. After approval, at least three (3) copies of the final approved site plan shall be signed and dated by the Chairman of the Planning Commission and authorized representative of the applicant. One (1) copy shall be kept on file by the City Clerk, and one (1) copy shall be returned to the applicant's authorized representative.

R.

Inspection. The City shall have the right at any reasonable time to inspect the premises on which any large solar energy system is located. The City may hire one (1) or more consultants to assist with any such inspections at the applicant's or project owner's expense.

S.

Maintenance and Repair. Each large solar energy system must be kept and maintained in good repair and condition at all times. If the Community Development Director determines that a large solar energy system fails at any time to meet the requirements of this Section and the special land use approval, or that it poses a potential safety hazard, the applicant shall shut down the large solar energy system within forty-eight (48) hours after notice by the Director and not operate, start or restart the large solar energy system until the condition has been corrected. Applicant shall keep a maintenance log on the solar array(s), which shall be available for the City's review on a monthly basis. Applicant shall keep all sites within the large solar energy system neat, clean and free of refuse, waste or unsightly, hazardous or unsanitary conditions.

T.

Continuing Security and Escrow. If any large solar energy system is approved for construction under this Section, [the] applicant shall be required to post continuing security and a continuing escrow deposit prior to commencement of construction, which shall remain in effect until the large solar energy system has been finally removed, as provided below:

1.

Continuing Security. If a special land use is approved pursuant to this Section, the Planning Commission shall require security in the form of a cash deposit, irrevocable letter of credit, or surety bond acceptable to the City, which will be furnished by the applicant to the City in order to ensure full compliance with this Section and all conditions of approval. When determining the amount of each required security, the City may also require an annual escalator or increase based on the Consumer Price Index (or the equivalent or its successor). Such financial guarantee shall be deposited or filed with the City Clerk after a special land use permit has been approved but before construction commences on the large solar energy system. At a minimum, the financial security shall be in an amount determined by the City to be reasonably sufficient to restore the property to its previous condition prior to construction and operation of the large solar energy system. Such financial security shall be kept in full force and effect during the entire time that the large solar energy system exists or is in place, and such financial security shall be irrevocable and non-cancelable.

2.

Continuing Escrow Deposit. A continuing escrow deposit shall be held by the City and shall be funded in cash by the applicant prior to the commencement of construction of any large solar energy system and shall be maintained by the owner or operator until the large solar energy system has been permanently decommissioned and removed. The monetary amount placed by the applicant in escrow with the City shall be estimated by the City to cover all reasonable costs and expenses associated with continuing enforcement of this Ordinance and the terms of the special land use approval, which costs can include, but are not limited to, reasonable fees for the City Attorney, City Planner and City Engineer, as well as costs for any reports or studies that the City determines are reasonably related to enforcement of the Section and the special land use approval. If the Clerk is required to expend any portion of the escrow deposit or if the existing escrow amount paid by the applicant proves to be insufficient to cover the City's enforcement costs, the City may require the large solar energy system applicant to place additional monies into escrow with the City.

3.

Continuing Obligations. Failure to keep any required financial security and escrow deposit in full force and effect at all times while a large solar energy system exists or is in place shall constitute a material and significant violation of the special land use approval and this Ordinance, and will subject the large solar energy system applicant, owner and operator to all remedies available to the City, including enforcement action and revocation of the special land use approval.

U.

Conditions. In addition to the requirements of this Section, the Planning Commission may impose additional reasonable conditions on the approval of a large solar energy system as a special land use approval.

V.

City Exemption. Development on City of Riverview property is exempt from the requirements of the City's Zoning Ordinance.

W.

Other Requirements. Each large solar energy system shall also comply with all applicable federal, state and county requirements, in addition to other applicable City ordinances.

(Ord. No. 694, art. I, 12-4-2017)

Such use and occupancy shall not be allowed for a period to exceed fourteen (14) calendar days. Such use shall not be disturbing to the public peace and tranquility, and shall not create undue traffic hazard and congestion. The Community Development Director may establish limitations on hours of operation, or any other measures deemed necessary to minimize negative impacts on nearby uses and traffic operations along public streets.

A.

Permits and Approvals.

Sketch plan approval shall be obtained from the Community Development Director. The applicant shall secure appropriate permits from all external agencies with jurisdiction.

B.

Insurance.

The applicant shall provide evidence of adequate public liability insurance and property damage insurance to cover potential liability for death or injury to persons, or damage to property, which may result from the conduct of the activity.

C.

Setbacks.

All buildings, structures and parking shall be at least 100 feet from any residentially zoned or used property.

D.

Access.

Access shall be provided onto a public street, with capability to accommodate at least three (3) lanes of ingress traffic. At least 300 feet of stacking area shall be provided on site. A traffic impact study may be required in accordance of Section 24.16 (Traffic Impact Studies).

A structure for the storage of commercial vehicles used by a permitted use in a non-residential district, shall occupy not more than twenty-five percent (25%) of the lot area, and shall be located outside of any required yard areas.

A.

General Requirements.

The Zoning Board of Appeals may permit temporary and structures. In granting permits for temporary structures, the ZBA shall consider the following:

1.

The granting of the temporary permit shall not have a detrimental impact on the use or enjoyment of surrounding or nearby property due to the particular configuration of the property or conditions on or surrounding the parcel.

2.

The granting of the temporary permit shall in no way constitute a change in the basic uses permitted in the district or on the property wherein the temporary use is permitted.

3.

The granting of the temporary permit shall be granted in writing, stipulating all conditions as to time, nature of development permitted, and arrangements for removing the use at the termination of the permit.

4.

Temporary structures shall comply with the setback standards for the district in which they are located. Additionally, off-street parking, lighting, and other requirements to be considered in protecting the public health, safety, welfare and morals of the community shall be considered in the granting of the permit.

B.

Temporary Structures Used for Residential Purposes.

A structure, including a manufactured home, may be permitted by the ZBA to be occupied for temporary residential use while major repairs or remodeling is taking place, or while damage to the principal dwelling due to fire, flood, ice, wind, or other natural disaster is being repaired. Temporary permits for structures used for residential purposes shall be subject to the following:

1.

One (1) emergency temporary dwelling permit may be issued by the Building Official for up to 90 days while the applicant is in the process of applying to the ZBA for a temporary dwelling permit. If the ZBA does not approve a temporary dwelling permit, the structure must be removed at the end of the 90 day emergency permit period authorized by the Building Official.

2.

The ZBA may issue temporary dwelling permits for up to six (6) months in duration and may be extended by application to the ZBA for two (2) additional periods of up to six (6) months each, provided that work is proceeding in an expeditious manner. The total duration of temporary dwelling permits given by the ZBA shall not exceed 18 months.

3.

A request for a temporary dwelling permit or for an extension from the ZBA must be submitted in writing to the Building Official no less than 30 days prior to the expiration of the previously granted temporary or emergency dwelling permit.

4.

An approved temporary dwelling may be moved onto a site 14 days prior to commencement of major repairs, and shall be removed within 14 days following issuance of a full or temporary certificate of occupancy for the permanent dwelling, or immediately following the expiration of the temporary dwelling permit.

5.

The applicant may be required to furnish the City with a performance guarantee in an amount determined by the Building Official to ensure removal of the temporary dwelling, along with a notarized affidavit that the temporary dwelling will be removed before issuance of a certificate of occupancy on the repaired dwelling or before the expiration of the temporary dwelling permit.

C.

Temporary Structures Used for Non-Residential Purposes.

Temporary structures for non-residential use, including semi-trucks/trailers and concrete batch plants, may be permitted by the ZBA subject the following conditions:

1.

The intended use of the temporary structure must be a contractor or builder in conjunction with a construction project.

2.

No emergency permits for temporary structures for non-residential use may be granted by the Building Official.

3.

The Zoning Board of Appeals shall seek the review and recommendation of the Planning Commission on a site plan prepared by the application, prior to the taking of any action.

4.

The ZBA may issue a temporary structure permit for up to six (6) months in duration, which may be extended by application to the ZBA for up to six (6) additional months provided that work is proceeding in an expeditious manner.

5.

A request for a temporary structure permit or for an extension from the ZBA must be submitted in writing to the Building Official no less than 30 days prior to the expiration of the previously granted temporary or emergency permit.

6.

An approved temporary structure may be moved onto a site 14 days prior to commencement of major repairs.

7.

An approved temporary structure shall be removed within 14 days following issuance of a full or temporary certificate of occupancy for the permanent dwelling, or immediately following the expiration of the temporary structure permit.

8.

The applicant may be required to furnish the City with a performance guarantee in an amount determined by the building official to ensure the removal of the temporary structure.

D.

Special Events and Other Temporary Uses.

The Community Development Director may grant temporary use of land and structures for special events and other temporary uses as defined in Section 25.02 (Definitions), subject to the following conditions:

1.

Adequate off-street parking shall be provided.

2.

The applicant shall specify the exact duration of the temporary use.

3.

Electrical and utility connections shall be approved by the Building Official.

4.

A performance guarantee may be required to ensure proper clean-up.

5.

A special event or other temporary use shall be permitted only if required public services, including police, fire, utility, sanitary and refuse services will be adequately provided without threat to public health, safety, and welfare. Costs for providing such services, to the extent they exceed the normal operating costs of the City, shall be the full responsibility of the owner or operator of the special event.