For the purposes of this ordinance, the City of Rochester Hills is divided into the following districts:

Table 3. Zoning Districts

(Ord. No. 170, § 3, 6-16-2014; Ord. No. 179, § 1, 8-8-2016; Ord. No. 184, pt. 1, 12-2-2019; Ord. No. 186, pt. 2, 12-2-2019; Ord. No. 191, § 1, 9-26-2022; Ord. No. 196, § 1, 6-19-2023)

The boundaries of the zoning districts are established as shown on the zoning map. The map, all notations, references, and other information shown thereon is as much a part of this ordinance as if fully described in this Article 4, provided:

A.

Unless clearly shown otherwise on the Map, the boundaries of the districts are:

1.

Lot lines;

2.

The centerlines of streets, alleys, roads, watercourses, or such lines extended; and

3.

The corporate limits of the City.

B.

Where, due to the scale, lack of detail, or illegibility of the zoning map accompanying this ordinance there is any uncertainty, contradiction, or conflict as to the location of any district boundaries shown thereon, an interpretation concerning the exact location of district boundary lines shall be determined by the Planning and Economic Development Director, upon written application or upon its own motion. Any decision of the Planning and Economic Development Director in these matters may be appealed to the Zoning Board of Appeals as set forth in Section 138-2.405.

(Ord. No. 199, § 3, 3-17-2025)

All streets, alleys and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such streets, alleys or railroad rights-of-way. Where the centerline of a street or alley serves as a district boundary, the zoning of such street or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

Whenever any street, alley or other public way within the City is vacated by official governmental action and when the lands previously within the boundaries of the public way attach to and become a part of the land adjoining such street, alley or other public way, such lands shall automatically, and without further governmental action be subject to the same zoning regulations as are applicable to the land to which it attaches.

In all districts, no structure or land shall be used or occupied, except in conformance with Section 138-4.300 (Table of Permitted Land Uses by District), and as otherwise provided for in this ordinance. Conditional uses may be permitted in accordance with Section 138-4.300 (Table of Permitted Land Uses by District), subject to a public hearing and approval by the Planning Commission in accordance with the procedures and conditions defined in Article 2, Chapter 3 (Conditional Uses).

Uses that are not specifically listed as a principal use or conditional use permitted by this ordinance in a zoning district, or otherwise determined to be similar to a listed and permitted use, shall be prohibited in the district.

All principal permitted uses and conditional uses shall comply with any applicable requirements of this ordinance and other City Codes and Ordinances. No structure shall be erected, reconstructed, altered or enlarged, nor shall permits or certificates of occupancy be issued, except in conformance with this ordinance and other City Codes and Ordinances.

The RE, R-1, R-2, R-3 and R-4 one-family residential districts are designed to provide for one-family, low density dwelling sites and residentially related uses in keeping with the master plan of residential development in the City. The uses permitted by right and on special condition as conditional uses are intended to promote a compatible arrangement of land uses for homes, with the intent to keep neighborhoods relatively quiet and free of unrelated traffic noises.

The R-5 One Family Flex residential districts are intended to provide for one-family detached and attached moderate-density units in a variety of formats in keeping with the master plan of residential development. This includes detached single family, duplexes, multiplex (tri- and quadplexes), and detached bungalows. All residential units shall have an appearance that is similar to a single-family detached home when viewed from the front lot line. Neighborhoods in this district are intended to have a mix of building types, not a single building type.

(Ord. No. 186, pt. 3, 12-2-2019; Ord. No. 199, § 4, 3-17-2025)

The intent of the RCD one-family residential cluster district is to permit the development of one-family residential patterns which, through design innovation, will introduce flexibility so as to provide for the sound physical handling of site plans in situations where the normal subdivision approach would otherwise be unnecessarily restrictive.

RCD one-family residential cluster districts are intended for those areas having at least one of the following characteristics:

A.

An area generally parallel to, and generally not to exceed, 360 feet in depth on those unsubdivided parcels of land abutting a major thoroughfare or freeway of at least 120 feet of right-of-way width as indicated on the current City Master Thoroughfare Plan, so as to provide transition between such major thoroughfare and adjacent one-family detached housing on platted lots. The density in the cluster area shall not exceed 3.9 dwelling units per acre, including all residential roads, except as provided in Section 138-6.206 pertaining to floodplains, subaqueous areas, or wetlands.

B.

An area generally parallel to, and generally not to exceed, 360 feet in depth on those unsubdivided parcels of land being so located as to provide transition between nonresidential or multiple-family districts and one-family development. The density in the cluster area shall not exceed 3.0 dwelling units per acre, including all residential roads, except as provided in Section 138-6.206 pertaining to floodplains, subaqueous areas, or wetlands.

C.

An unsubdivided area which is found to be of such an unusual shape or which is found to contain unstable or generally unbuildable soil conditions or which is characterized by some other unusual physical or development factor which would make sound physical development under the normal residential subdivision approach, including lot size variation and subdivision open space plan, impractical. The following conditions shall exist:

1.

The natural land forms are so arranged that the change of elevation within the site includes slopes in excess of 15 percent between these elevations. These elevation changes and slopes shall appear on at least 35 percent of the site rather than as exceptional or infrequent features of the site.

2.

The achieving of road grades of less than six percent is impossible unless the site were mass graded. The providing of one-family clusters will allow a greater preservation of the natural setting.

3.

The area in open space, including recreation areas and water, accomplished through the use of one-family clusters shall represent at least 25 percent of the horizontal development area of a one-family cluster development. This entire area may be used in computing density when preserved as open space.

4.

The overall permitted density within an unsubdivided parcel not located in relation to a major thoroughfare, as described in subsections 1. and 2. of this section shall not exceed 3.0 dwelling units per acre, averaged over the entire area included within the general development plan, except as defined in Section 138-6.206 pertaining to floodplains, subaqueous areas, or wetlands.

The RM-1 multiple-family residential district is designed to provide sites for multiple dwelling structures with height restrictions compatible with single-family residential districts, to serve the limited needs for the apartment type of unit in an otherwise single-family residential community, and to provide zones of transition. The RM-1 district is intended generally for the development of a planned complex of buildings on acreage parcels.

The RMH manufactured housing park district is established to allow the development of state-licensed manufactured housing communities that comply with the requirements of this ordinance, applicable Manufactured Housing Commission rules, and PA 96 of 1987.

The mixed residential (overlay) district is designed to permit the construction of varied residential development types on parcels greater than ten acres. The mixed residential (overlay) district is intended to result in higher quality development by providing design flexibility in lot size, lot configuration, and building type within densities allowed by the Master Land Use Plan and existing zoning; to result in better buffers from major thoroughfares for residential development; the protection of natural features, and the creation of site amenities such as open space or parks.

The NB neighborhood business districts are intended to provide for residents' convenient access to small-scale businesses providing goods, services, dining, and entertainment, and which, by their very nature, size, and proximity to neighborhoods are not regional shopping destinations.

(Ord. No. 196, § 2, 6-19-2023)

The CB community business districts are designed to cater to the general consumer needs of the population. Uses in these districts are primarily accessed by automobile and may include commercial uses with a regional customer base or that have greater impacts on surrounding uses than those permitted in the Neighborhood Business district. These areas are typically characterized by larger volumes of vehicular traffic.

(Ord. No. 196, § 2, 6-19-2023)

The HB highway business district is intended to create a gateway into the City at the Crooks and M-59 interchange. This area has direct access to the regional road system, making it an appropriate location for higher intensity commercial development with a regional or freeway service character.

(Ord. No. 196, § 2, 6-19-2023)

The BD Brooklands district is intended to apply to certain business properties in the city which require relaxation of site improvement requirements in order to allow and encourage the upgrading and improvement of those properties. The irregularities of the parcels, the closeness of existing buildings to the roadway and adjacent buildings, and the lack of space for on-site parking hamper investment in the properties. Improvement and growth of such areas is determined to be of importance to the city and the general welfare of the area.

(Ord. No. 196, § 2, 6-19-2023)

The O office business district is designed to accommodate office uses, office sales uses and basic personal services. Development may include stand-alone offices as well as larger planned office complexes and office centers. These areas also provide for satisfactory transitions to surrounding land use areas.

(Ord. No. 196, § 2, 6-19-2023)

The EC employment center district consists primarily of the City's existing industrial and technology parks developed in the 1980s and 1990s. It is the intent of the EC district to allow for their continued evolution and support job creation in the city while maintaining compatibility with residential land uses abutting the perimeter of this district.

(Ord. No. 196, § 2, 6-19-2023)

The I industrial districts are designed to primarily accommodate wholesale activities, warehouses, and industrial operations whose external, physical effects are restricted to the area of the district and in no manner affect in a detrimental way any of the surrounding districts. The I district is so structured as to permit, along with any specified uses, the manufacturing, compounding, processing, packaging, assembly, and/or treatment of finished or semifinished products from previously prepared material, it being the intent of the district that the processing of raw material for shipment in bulk form, to be used in an industrial operation at another location not be permitted.

The general goals of this use district include, among others, the specific purpose to:

A.

Provide sufficient space, in appropriate locations, to meet the needs of the City's expected future economy for selected types of manufacturing and related uses.

B.

Protect abutting residential districts from the negative impacts of industrial land uses by separating them from manufacturing activities, and by prohibiting the use of such industrial areas for new residential development.

C.

Promote manufacturing development which is free from danger of fire, explosions, toxic and noxious matter, radiation, and other hazards and from offensive noise, vibration, smoke, odor and other objectionable influences.

D.

Promote the most desirable use of land in accordance with a well-considered plan.

E.

Protect the character and established pattern of adjacent development, and in each area conserve the value of land and buildings and other structures and protect the City's economic tax base.

(Ord. No. 196, § 2, 6-19-2023)

The SP special purpose district is established to provide for uses which cater to the general public and require substantially larger sites. These uses do not fit readily into other districts and must be given special consideration.

(Ord. No. 196, § 2, 6-19-2023)

The FB district is designed to permit a wider range of uses in areas already used for commercial purposes. The FB district is an optional method of development that permits a mixture of uses that may include residential, public, institutional, office, business, and retail commercial uses. The FB overlay district establishes specific and detailed design standards for the physical development of the district, while permitting the wider range of uses.

(Ord. No. 196, § 2, 6-19-2023)

Table 4. Permitted Uses by Zoning District

(Ord. No. 165, §§ 2, 10, 3-19-2012; Ord. No. 581, § 10, 11-11-2013; Ord. No. 173, § 1, 5-18-2015; Ord. No. 175, § 1, 6-1-2015; Ord. No. 179, § 1, 8-8-2016; Ord. No. 182, § 2, 2-5-2018; Ord. No. 183, § 5, 6-18-2018; Ord. No. 186, pt. 4, 12-2-2019; Ord. No. 196, § 3, 6-19-2023; Ord. No. 199, § 5, 3-17-2025)

A.

R districts include RE, R-1, R-2, R-3, and R-4.

B.

All uses in the NB, CB, and BD districts are subject to the following conditions:

1.

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

2.

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

3.

Existing Health, recreation and physical education facilities established in the NB District and having a valid certificate of occupancy prior to the effective date of adoption of this chapter (July 8, 2023) shall be considered a permitted use, provided that the current building/tenant configuration and size (square footage) are not expanded or increased.

C.

All uses in O office business districts shall be subject to the following conditions:

1.

The outdoor storage of goods or materials shall be prohibited, irrespective of whether or not they are for sale.

2.

Warehousing or indoor storage of goods or material, beyond that normally incidental to the permitted uses in this division, shall be prohibited.

(Ord. No. 179, § 1, 8-8-2016; Ord. No. 184, pt. 3, 12-2-2019; Ord. No. 196, § 3, 6-19-2023)

Editor's note— Ord. No. 179, § 1, adopted Aug. 8, 2016, deleted § 138-4.302 entitled "Table of Permitted Uses - REC Districts", which derived from: Ord. No. 170, § 8, adopted June 16, 2014; and Ord. No. 175, § 2, adopted June 1, 2015.

A.

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

1.

Adult bookstore or video store means an establishment having a substantial or significant portion of its stock in trade in video cassettes, discs or films or media recorded, pressed, engraved or prepared for playback and books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale, rental and/or display of such material.

2.

Adult cabaret means an establishment which features one or more dancers, strippers, male or female impersonators or similar entertainers, performers, wait staff or other persons who reveal or show specified anatomical areas of their bodies or who engage in, perform or simulate specified sexual activities.

3.

Adult motion picture theater means an enclosed building used for presenting motion picture films, videocassettes, cable television or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

4.

Specified anatomical areas means:

a.

Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and

b.

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

5.

Specified sexual activities means:

a.

Human genitals in a state of sexual stimulation or arousal.

b.

Acts of human masturbation, sexual intercourse or sodomy.

c.

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

6.

Used, in the definition of the term "adult motion picture theater" in this subsection, describes a continuing course of conduct of exhibiting specified sexual activities and specified anatomical areas in a manner which appeals to a prurient interest.

B.

It is determined necessary for the health, safety and welfare of the City to adopt this section pertaining to and regulating adult businesses for the following reasons:

1.

Many parents are concerned about the influence of pornographic entertainment outlets and businesses and have chosen the City to raise their families because of the absence of such adult businesses.

2.

Location of and easy availability of adult businesses in close proximity to homes, apartments, schools, churches and public parks give an impression of legitimacy to such uses and have adverse effects upon children, established family relations, respect for marital relationships and the concept of nonaggressive consensual sexual relations.

3.

Location of adult businesses in close proximity to houses, apartments, schools, churches and public parks will draw persons who are not known in the community and will create police and safety problems in areas of the City which should be free of such problems.

4.

Property values in areas adjacent to adult businesses will decline, thus causing a blight upon both commercial and residential areas of the City.

5.

Location of adult businesses near or within residential neighborhoods and commercial areas of the City would be disruptive to youth programs such as Boy Scouts, Girl Scouts, Campfire Girls and church youth groups.

6.

Location of adult businesses in close proximity to residential uses, schools, churches, parks and other public facilities will cause a degradation of the community standard of morality. Pornographic material has a degrading effect upon the relationship between spouses.

C.

An adult motion picture theater, adult bookstore or video store or adult cabaret shall not be located:

1.

Within 1,000 feet of any residential zoning district (R-1, R-2, R-3, R-4, R-5, RE, RCD, RM-1 or RMH) or the property line of any single-family, two-family or multiple-family residential use. For purposes of this section, the term "multiple-family residential use" shall specifically include, but not by way of limitation, any retirement, convalescent or nursing home or facility or other housing for the elderly.

2.

Within 1,000 feet of the property line of any public or private school, college or university, or of any nursery school, day nursery or child care center.

3.

Within 1,000 feet of the property line of any church or other religious facility or institution.

4.

Within 1,000 feet of any public park.

5.

Within 1,000 feet of any other adult motion picture theater, adult bookstore or video store, or adult cabaret.

The distances provided for in this subsection shall be measured by projecting a straight line, without regard for intervening buildings or structures, from the nearest point of the building, structure or tenant space within which the proposed use is to be located to the nearest point of the property line, specified use or zoning district boundary from which the proposed use is to be separated.

D.

An adult motion picture theater, adult bookstore or video store, or adult cabaret shall be located only within a B-3 shopping center business district.

E.

An adult motion picture theater, adult bookstore or video store, or adult cabaret shall be permitted only by special land use approval granted by the City Council after review and recommendation of the Planning Commission, and after public hearing pursuant to the discretionary decisions in Section 138-2.302 pertaining to special and conditional uses. The special land use shall be approved only if the following criteria are satisfied:

1.

There has been compliance with all provisions of this section and all other sections of this ordinance and the City Code of Ordinances.

2.

The establishment of an adult motion picture theater, adult bookstore or video store, or adult cabaret will not have a deleterious effect on the surrounding area or the City in general.

3.

There is compliance with the standards included in Section 138-2.302.

(Ord. No. 183, § 6, 6-18-2018; Ord. No. 186, pt. 5, 12-2-2019)

Agricultural operations are permitted in the R-1, R-2, R-3, R-4, and RE districts subject to the following requirements:

A.

Agricultural operations are permitted only on those parcels of land separately owned outside the boundaries of either a proprietary or supervisor's plat, having an area of not less than five acres, and subject to the City health and sanitation provisions.

B.

Agriculture may be conducted on parcels of less than five acres but there shall be no keeping or raising of livestock, except as otherwise provided in this ordinance.

A.

The plans for such facility shall be given approval by the Federal Aviation Administration prior to submittal to the Planning Commission and City Council for their review and action.

B.

The standards concerning objects affecting navigable airspace, as provided in 14 CFR subchapter E, airspace, part 77, and any other amendments thereto shall be complied with. These standards shall be applied by the class of facility as determined by the FAA.

C.

The area of the clear zone as defined by the FAA shall be provided for within the land area under airport ownership, and in no instance shall the clear zone be above property zoned R-1, R-2, R-3, R-4, R-5, RE, RCD, RM-1, RMH or SP.

(Ord. No. 186, pt. 6, 12-2-2019)

A.

Such uses shall be located adjacent to a major thoroughfare and on a parcel of land which is abutting land zoned for industrial purposes on all four sides of the parcel in question and no closer than 1,000 feet of a residential district.

B.

All parking shall be provided as off-street parking within the boundaries of the development.

C.

All access to the parking areas shall be provided from a major thoroughfare.

A.

Standards Applicable to All Gas Stations.

1.

An automotive gasoline service station shall be located only at the intersection of two principal or minor arterials and/or freeways of at least 120-foot right-of-way as defined by the current City master thoroughfare plan, with frontage on both thoroughfares.

2.

Automotive gasoline service stations shall require a minimum site area of one (1) acre. Lot frontage on the principal thoroughfare shall not be less than 100 feet.

3.

The indoor retail component of an automotive gasoline service station shall have a minimum floor area of 2,000 square feet.

4.

All site improvements, including buildings, shall comply with the corner clearance requirements of Section 138-5.204.

5.

Loading spaces may be located in a yard other than a rear yard.

6.

Entrances and exits shall be no less than 35 feet from any two street right-of-way lines.

7.

Entrances and exits shall be no less than 50 feet from any residential district.

8.

Sidewalks shall be provided to connect the front door of any building to the public sidewalks along any streets.

9.

Major engine and body repair, steam cleaning, and undercoating are expressly prohibited.

10.

The storage of damaged or wrecked vehicles, or those waiting for minor repair or service, shall comply with the Property Maintenance Code and shall be obscured from public view in an area provided for such purpose on the site, and no vehicle of any kind shall be stored in the open for a period exceeding one week.

11.

In no instance shall more than five vehicles be allowed to accumulate on the site at any one time, and the storage area shall be kept free of trash and debris.

12.

Permanently installed and/or nonportable hoists, ramps or heavy equipment for the repair of vehicles shall be located inside an enclosed building.

13.

Underground storage tanks, gasoline pumps, air and water hose stands, and other appurtenances shall be set back not less than 20 feet from all existing and/or proposed street right-of-way lines.

14.

Whenever a pump island is located such that it will have reasonable visibility from or impact on a nearby residential district, the Planning Commission may require a Type C landscape buffer along the property line facing the residential district. See Section 138-12.300 for buffer requirements.

15.

Fueling positions may be counted as parking spaces for the purpose of determining required parking for the use.

B.

Front Building Gas Stations. Gas stations may be developed according to the following design standards which allow for the building to be closer to the street with the pump islands and canopy located behind the building. The standards of this subsection B shall take precedence over any conflicting design or dimensional requirement contained elsewhere in this ordinance.

1.

Principal building setbacks. The principal building shall be set back a minimum of ten feet from the front property line.

2.

Canopy location and setbacks. The pump canopy shall be located to the rear of the principal building, and shall comply with all requirements of Footnote S to the Schedule of Regulations (Section 138-5.501). Additionally, any pump canopy shall be set back a minimum of 100 feet from any residential district. If such a setback cannot be achieved, this design option may not be used.

3.

Site Design.

a.

Landscaping. Whenever a pump island is located such that it will have reasonable visibility from or impact on a nearby residential district, the Planning Commission may require a Type C landscape buffer along the property line facing the residential district. See Section 138-12.300 for buffer requirements.

b.

Corner clearance. All site improvements, including buildings, shall comply with the corner clearance requirements of Section 138-5.204.

4.

Building Requirements.

a.

Transparency. The building shall have a minimum transparency of 60% on any façade facing a pump island or the front lot line. Transparency shall be measured based on the total wall area of the façade. False windows, spandrel glass or similar shall not be counted towards the transparency requirement.

b.

Design. All sides of the building shall incorporate a consistent architectural style, including horizontal or vertical design elements that have sufficient relief to create shadow lines. The type of element (i.e., horizontal or vertical) will be determined by the intended design aesthetic of the building.

c.

Materials. Building materials for gas stations shall comply with the standards of Section 138-8.502.B.

C.

Freestanding canopies may be permitted within the required front yard and/or within the required side yard adjacent to a public road right-of-way subject to the following conditions:

1.

Canopies shall be located not less than ten feet from a right-of-way or side lot line, and not less than 20 feet from a rear lot line. The amount of lot area covered by canopies shall not exceed 40 percent.

2.

Canopies shall not exceed 17½ feet in height, and a minimum clearance of 14 feet from grade shall be maintained.

3.

Canopies shall not be attached to any other building or structure.

4.

Canopies shall be of a type readily demountable not requiring unusual demolition procedure.

5.

Canopies shall be supported by columns and shall not be supported or enclosed by walls. Canopy columns shall be faced in decorative materials such as brick.

(Ord. No. 196, § 4, 6-19-2023)

A.

In the CB District. Automotive service centers are permitted in the CB district only when physically attached and incidental to another permitted nonautomotive retail use that is part of a larger planned shopping center. Freestanding automotive service centers are not permitted in the CB zoning district.

B.

In the I District. Automotive service centers in the I district may conduct major mechanical repairs, collision work, undercoating and painting. The sale of gasoline and other fuels is prohibited.

(Ord. No. 196, § 4, 6-19-2023)

A.

The tower or antenna shall be located on the property so that, if collapse occurs, the structure will not fall on adjacent property or a public road right-of-way. In determining appropriate location on the property, the manufacturer's specifications shall be considered. In lieu of the manufacturer's specifications, a written opinion of a registered professional engineer attesting to the required fall radius based on structural design shall be provided.

B.

Soil borings shall be conducted by a registered professional engineer, who shall provide written evidence that soil conditions will provide sufficient stability for erection of the tower or antenna.

C.

Written evidence shall be provided indicating that the Federal Aviation Agency has no objection to the tower or antenna.

D.

The tower or antenna is not detrimental to the character of the area, it would not adversely affect the use or value of surrounding properties, and it would not be injurious to the health, safety and welfare of the City.

(Ord. No. 196, § 4, 6-19-2023)

Any use or building that contains a drive-through facility that is designed to provide service to a patron who remains in their car shall comply with the following requirements:

A.

Drive-through facilities may be conditionally permitted as accessory to a permitted use where the principal use occupies space in a structure larger than 2,000 square feet. Any new structure shall be placed on a permanent foundation and designed to be compatible with neighboring development in terms of material and appearance.

B.

Drive-through facilities shall be built as an integral architectural element of the primary structure and use. Building materials shall be the same as those used in the primary structure. Drive-through facilities and structures separate from the primary structure are prohibited.

C.

Drive-through uses service windows shall be located to the rear or side of the primary structure, and set back a minimum of ten feet from the front building wall of the primary structure.

D.

Drive-through uses shall be configured such that glare from headlights is obstructed from shining into a public right-of-way or neighboring residential use.

E.

Unless a more intense buffer is required by Section 138-12.300, a type D landscape buffer shall be provided along rear and side lot lines of a drive-through use located adjacent to a residentially zoned or used property.

F.

Any use with a drive-through shall also provide customers with a means of accessing services inside the building.

G.

Drive-through facilities, except those that have no more than two (2) drive-through lanes, each having three (3) or fewer stacking spaces, shall have drive-through lanes that are separated from general maneuvering lanes by way of curbed landscape islands with a planting bed a minimum of three (3) feet wide (measured back of curb to back of curb).

H.

All designated pedestrian areas which pass through any area intended for vehicular circulation shall be clearly marked through pavement striping, alternative paving material, a stamped pattern or texture in the pavement, or a combination thereof.

I.

Drive-through lanes shall have a minimum width of nine feet and a minimum length of 20 feet per vehicle. Drive-through lanes shall have a minimum centerline turning radius of 25 feet.

J.

Stacking lanes shall not conflict with other vehicle circulation on the site, including maneuvering lanes for parking spaces.

K.

These standards do not apply to any development or building project that has received approval for construction or that has submitted complete plans to the City for site plan and conditional use approval prior to May 8, 2023.

(Ord. No. 196, § 4, 6-19-2023)

Dry cleaning chemicals shall be self-contained within the machines that use them. Floors shall be sealed with a chemical-proof material or industrial-grade epoxy coating and shaped to form a basin to contain any chemicals and to prevent them from leaching into the ground or otherwise escaping the premises.

(Ord. No. 196, § 4, 6-19-2023)

A.

Funeral homes located in R-1, R-2, R-3, R-4 or RE districts shall comply with the following standards:

1.

The funeral home site shall be located on a separately owned parcel surrounded by an existing cemetery consisting of at least 50 acres, and which cemetery is a conforming use under this ordinance.

2.

Ingress and egress to and from the funeral home parcel shall be gained through the internal drive system of the cemetery in order to minimize possible conflicts between traffic on adjacent major thoroughfares and funeral processions or visitors entering or leaving the cemetery and the funeral home.

3.

The minimum lot area for the funeral home parcel shall be 25,000 square feet and shall be so arranged that an adequate off-street assembly area is provided for vehicles to be used in a funeral procession. This assembly area shall be provided in addition to any required off-street parking area.

4.

Wherever the parking area is designed so that automobile headlights will be directed toward any nearby residences, screening shall be provided to prevent headlights from shining onto adjacent or nearby residences.

5.

Loading and unloading areas used by ambulance, hearse, or other such service vehicles shall also be obscured from view from nearby residences.

6.

All structures on the funeral home parcel shall have a residential appearance compatible with residences in the general area.

B.

Funeral homes located in CB and O districts shall comply with the following standards:

1.

The minimum lot area shall be 25,000 square feet and so arranged that adequate assembly area is provided off street for vehicles to be used in a funeral procession. This assembly area shall be provided in addition to any required off-street parking area.

2.

The site shall be so located as to have at least one property line abutting a major thoroughfare of not less than 120 feet of right-of-way width, either existing or proposed, and all ingress and egress for the site shall be directly onto such major thoroughfare or a marginal access service road.

3.

Points of ingress and egress for the site shall be so laid out as to minimize possible conflicts between traffic on adjacent major thoroughfares and funeral processions or visitors entering or leaving the site.

4.

Buildings shall not be located closer than 50 feet to the outer perimeter (property line) of the district when such property line abuts any residential district.

5.

A caretaker's residence may be provided within the main building of the mortuary establishment.

6.

Loading and unloading areas used by ambulance, hearse, or other such service vehicles shall be obscured from all residential view with a solid masonry wall six feet in height or alternate method of screening acceptable to the Planning Commission.

(Ord. No. 196, § 4, 6-19-2023)

A.

Any such use developed and requiring a structure shall have such structure so located on the site as not to be closer than 200 feet from the lot line of any adjacent residential land.

B.

All ingress and egress from the site shall be directly onto a major thoroughfare having an existing or proposed right-of-way at least 86 feet as shown on the City's master thoroughfare plan.

C.

Parking areas, and ingress and egress, shall be so located so as to not become a nuisance to any adjacent residential area.

(Ord. No. 196, § 4, 6-19-2023)

Gun clubs may be permitted only after review by the Planning Commission and approval of a conditional use permit by the City Council provided the following conditions are met:

A.

All federal, state, county and City codes and ordinances in regard to firearms shall be strictly adhered to.

B.

In no instance shall a firearm be discharged outdoors closer than 1,250 feet to an existing residence in the City or any adjacent community.

C.

In no instance shall a firearm be discharged on any range in any gun club without the presence of an employee of the gun club for supervision.

D.

A site plan for the range, whether indoor or outdoor, shall be submitted to the Planning Commission for review in compliance with Section 138-2.103.C.,and clearly indicating all provisions to ensure safety to the surrounding community.

E.

A six-foot vinyl coated chain link fence with conspicuous warning signs attached to the fence every 100 feet shall be provided around the entire gun club site to ensure that individuals will not unknowingly trespass on the property, particularly where firearms are being discharged.

F.

Any other provision which the City Council and Planning Commission deem necessary to ensure the health, safety and general welfare of the inhabitants of the City and adjacent communities.

(Ord. No. 196, § 4, 6-19-2023)

A.

For such facilities, regardless of size, the applicant shall demonstrate that there is safe and adequate circulation and parking for the maximum number of users at any one time.

B.

Outdoor activity areas may be conditionally approved where the principal use is permitted, following the process provided in Article 2, Administrative Organization and Procedures, Chapter 3 Conditional Use Approval of Chapter 138, Zoning of the Code of Ordinances.

(Ord. No. 196, § 4, 6-19-2023)

A.

Required Conditions. Home occupations are permitted in the R-1, R-2, R-3, R-4, R-5 and RE districts provided that the home occupation, subject to the following:

1.

The home occupation shall comply with Article IV of Chapter 46 of the City Code and shall not create a nuisance to the surrounding neighborhood.

2.

The home occupation shall only be an incidental function of the use of the dwelling for residential purposes.

3.

The home occupation shall be served by limited traffic, other than domestic trips and routine deliveries normally expected for a single dwelling in a residential area and comply with Section 138-10.308.

4.

The home occupation shall only employ up to two non-residents of the dwelling.

5.

Reserved.

6.

Signs are not permitted, other than signs allowed on vehicles under Section 138-10.308.

7.

All activity related to the home occupation shall be in keeping with the residential nature of the surrounding residential area.

B.

Bed and Breakfasts. In addition to meeting all of the requirements of subsection A, above, bed and breakfast operations shall conform to the following additional requirements:

1.

No more than four sleeping rooms, and no more than 25 percent of the total floor area of the dwelling unit, shall be available for rent to transient guests.

2.

Each sleeping room used for the bed and breakfast operation shall have a separate smoke detector, and each floor of the premises shall have a fire extinguisher. All are to be kept in proper working order, in compliance with applicable state law.

3.

Adequate off-street parking shall be provided on site.

4.

The maximum stay for any transient guest shall be 14 consecutive days.

C.

Restrictions and enforcement. Operating a business or carrying on a business activity in excess of the limitations of a home occupation as defined and allowed in this ordinance in a residential district is prohibited. The conducting of a business or a business activity which results in violations of the limitations or is not a home occupation as defined in this ordinance may be prosecuted in the district court, or may be enjoined in the circuit court.

As an alternative, the mayor or his or her designee may refer the matter first to the Zoning Board of Appeals if there is a reasonable question as to whether there is a violation. Whenever a complaint is received from a neighbor, the mayor shall make an investigation and either take action against the violator, refer the matter to the Zoning Board of Appeals or advise the complainant there is no violation and the reason for that determination.

If a question concerning a home occupation is referred to the Zoning Board of Appeals, that board shall hold a public hearing in accordance with Section 138-1.203 and shall determine whether there is, in fact, a home occupation and, if so, whether there are any violations of the limitations in this subsection. The Zoning Board of Appeals may take no further action or may issue a permit, renewable yearly, for the continuation of such use, with or without restrictions. If a hearing is held and a determination is made, the matter may not be reviewed at the complaint of a neighbor unless there has been a change of circumstances.

(Ord. No. 196, § 4, 6-19-2023)

A.

All such hospitals shall be developed only on sites of at least five acres in area.

B.

The proposed site shall have at least one property line abutting a major thoroughfare of at least 120 feet of existing or proposed right-of-way as indicated on the current City master thoroughfare plan. At least two ingress routes shall be provided for the facility.

C.

The minimum distance of any main or accessory building from bounding lot lines or streets shall be at least 50 feet for front, rear and side yards for all two-story structures. For every story above two, the minimum yard distance shall be increased by at least 20 feet.

D.

Ambulance and delivery areas shall be obscured from all residential view with an obscuring wall or fence six feet in height. Ingress and egress to the site shall be directly from a major thoroughfare.

E.

All ingress and egress to the off-street parking area for guests, employees, staff or other users of the facility shall be directly from a major thoroughfare.

(Ord. No. 196, § 4, 6-19-2023)

A.

No guest shall rent a unit at a motel or hotel for more than 30 days within any 12 consecutive months. This subsection shall not apply to residential inns.

B.

Each unit shall contain not less than 250 square feet of floor area.

C.

When reviewing developments complying with the requirements in this subsection, consideration shall be given to the effect created by the proposed use on existing and potential development patterns within the area. The construction of a hotel/motel or residential inn shall not conflict with and/or disrupt reasonable vehicular, pedestrian, building and user patterns characteristic of a planned commercial area and the principal uses permitted in this division.

(Ord. No. 196, § 4, 6-19-2023)

A.

Assembly activity shall be limited to assembly of pre-manufactured finished objects or components and shall include only small volume nonroutine production of innovative products or equipment and shall not include or permit mass production or mass assembly of products or equipment.

B.

Machining shall be permitted on a limited basis and only for research and development activities, repair, demonstration, and/or training.

(Ord. No. 196, § 4, 6-19-2023)

A.

Performance Standards. All activities shall comply with the Performance Standards in Chapter 46-Environment, Article IV Performance Standards of the Code of Ordinances.

B.

Setbacks.

1.

A minimum setback of 1,500 feet is required between any building or outdoor area involved in the heavy industrial use and a one-family residential zoning district or a detached one-family residential dwelling unit.

2.

Offices and components of the use which are not characterized as or qualify as heavy industrial uses are not subject to the 1,500-foot setback requirement.

C.

Outdoor Storage. Outdoor storage of raw materials used in the operation may be permitted, provided that:

1.

Storage piles shall have a maximum height of 12 feet and shall be set back a minimum of 100 feet from any property line. The storage pile height may be increased to a maximum of 35 feet provided that 2.5 feet of additional set back is provided over and above the 100-foot minimum setback for each one foot of additional pile height.

2.

The perimeter of any material storage areas shall be surrounded by an obscuring masonry wall or wood fence of at least eight feet in height.

D.

Junkyards. Junkyards must be located on a minimum of five (5) acres and shall be entirely enclosed with an eight-foot obscuring wall. Burning on site is not permitted. All industrial processes including the use of equipment for cutting, processing or packaging shall be conducted within a completely enclosed building.

E.

Waste Lagoon Ponds. Waste lagoon ponds are industrially oriented and permanent in character and because of technical treatments necessary for the proper operation of lagoon ponds, they may be permitted, provided the following conditions are met:

1.

In no instance shall a waste lagoon pond be closer than 500 feet to an existing or proposed street right-of-way or abutting residential district

2.

An eight-foot fence shall be erected around the entire site or lagoon pond, at the property owner's option, and control gates, etc., shall be installed.

3.

In lieu of a wall or fence an earth embankment in the form of a berm with a minimum height of eight feet may be utilized at the discretion of the City Council upon recommendation by the Planning Commission.

F.

Hours of Operation. The City Council may establish restrictions on the hours of operation as a condition of conditional use approval.

G.

Internal Vehicle Use Areas. All internal roads and vehicle circulation areas within the site shall be paved with asphalt or concrete.

H.

Existing Heavy Industrial Uses. Heavy industrial uses and operations that lawfully existed at the date of adoption of this ordinance on properties zoned I-2 under the previous zoning ordinance are subject to the following regulations:

1.

Continuation of Use. Such uses may continue as permitted uses on said formerly zoned I-2 properties. Such uses or operations, including any structures and equipment relating to such uses or operations, may be improved, repaired, relocated, replaced or expanded on the property without being required to meet the requirements of subsections 138-4.420.C.1, C.2, D.1, D.2, and F.

2.

Setbacks. Buildings associated with a heavy industrial use that lawfully existed at the date of adoption of this ordinance shall comply with the setback requirements of the former I-2 district, including a 100-foot front yard setback, 50-foot side yard setback, and 75-foot rear yard setback.

3.

Outdoor Storage. Screening shall be provided for outdoor storage areas as required by footnote Q of the schedule of regulations.

4.

Review Process.

a.

Activities Permitted by Right. Any development activity on the property that requires administrative or sketch plan review under Table 1 [Section 138-2.200] of this ordinance shall be considered a permitted use, and shall be reviewed following the administrative or sketch plan review procedures, as the case may be.

b.

Activities Requiring Conditional Use Approval. Any development activity on the property that requires site plan review under Table 1 [Section 138-2.200] of this ordinance shall be considered a conditional use requiring approval by the City Council under Article 2, Chapter 3 of this ordinance. The City Council may impose reasonable conditions in accordance with Section 138-2.301 in order to limit or restrict the off-site impacts of the heavy industrial uses and operations to those off-site impacts existing prior to the date of adoption of this ordinance.

(Ord. No. 196, § 4, 6-19-2023)

A.

All activities shall comply with the Performance Standards in Section 138-10.310.

B.

Light industrial uses shall be conducted wholly within a completely enclosed building or within a designated area enclosed on all sides by a six-foot tall obscuring fence or wall on those sides abutting or adjacent to residential zoning districts.

(Ord. No. 196, § 4, 6-19-2023)

The boarding, breeding, raising, grooming, or training of three or more dogs, cats, or other household pets of any age either: 1) not owned by the owner or occupant of the premises; or 2) for commercial gain may be permitted only after review by the Planning Commission and City Council approval, provided the following requirements are met:

A.

Minimum Site Area. Such activity shall be permitted only on a parcel of land not less than five acres in area and provided, further, that such parcel shall not abut or be adjacent to any lot or parcel which is part of a recorded residential subdivision.

B.

Enclosures. All animals shall be kept in pens or cages designed, constructed and maintained so as to be harmonious and appropriate in appearance with the character of the general area in which located, and such use will not affect the character of the same area in a negative way.

C.

Enclosure Setbacks. All pens or cages shall be located not less than 100 feet from any property line, and all animals shall be kept therein or within a building. No animal shall be allowed to run at large.

D.

Noise and Odor. Such activity shall be conducted so as not to be detrimental to any person, property or the general welfare by reason of excessive noise or odor.

E.

Nuisance Prohibited. The keeping of the animals described in this subsection shall not constitute a nuisance to persons living in the surrounding area. Upon receipt of a written complaint filed by a neighbor with the City stating the animals constitute a nuisance, the Zoning Board of Appeals shall hold a hearing with notice to all property owners within 300 feet of the property where the animals are kept. The Zoning Board of Appeals shall determine if in fact the animals do constitute a nuisance.

If the Zoning Board of Appeals determines that the animals have and will likely continue to constitute a nuisance, the animals shall not be kept on the property after the date set by the Zoning Board of Appeals. If, in the opinion of the Zoning Board of Appeals, there is reason to believe that reasonable measures will be taken to alleviate the nuisance associated with the animals, the Zoning Board of Appeals may issue a permit, renewable yearly, for the keeping of such animals with or without restrictions. If a hearing is held and a determination is made, the matter may not be reviewed again on a complaint of a neighbor unless there has been a change of circumstances.

F.

No person shall allow animals under such person's control or ownership to constitute a nuisance. The violation of this subsection may be prosecuted in the district court or may be enjoined in the circuit court. Notwithstanding anything to the contrary in this ordinance, this subsection shall not be a limitation on, lessen the effect of, or interfere with any other City ordinance pertaining to animals, and the enforcement of it.

(Ord. No. 196, § 4, 6-19-2023)

Nursing homes, convalescent homes, and assisted living facilities are subject to the following requirements, which shall supersede any other applicable requirements of this ordinance.

A.

Setbacks. All buildings shall be set back 60 feet from any adjacent one-family residential district or 25 feet from any other zoning district.

B.

Building Height. The maximum building height shall be 40 feet, except that buildings located within 100 feet of an R, one-family district shall have a maximum height of 30 feet.

C.

Landscaping. A type D buffer shall be provided along any one-family residential district or property used for one family residential purpose. A type B buffer shall be provided along any property line adjacent to a zoning district other than one-family. Refer to Section 138-12.300.B for landscaping and buffering requirements.

D.

Parking. Parking shall be provided at the rate of one parking space for every two beds in the facility.

E.

Floor Area. For Assisted Living Facilities all studio or efficiency units shall have a minimum floor area of 300 sq. ft., one bedroom units shall have a minimum floor area of 400 sq. ft., and two or more bedroom units shall have a minimum floor area of 550 sq. ft.

F.

Common Areas and Facilities. Common areas (exclusive of corridors, entrance vestibules and hallways) that are incidental to and/or enhance any primary use shall be provided and shall amount to a minimum of 50 square feet per dwelling unit or bed in the facility. Such facilities may include, but are not limited to, recreational rooms, meeting or social rooms, common kitchen areas, exercise facilities, laundry areas, or storage rooms for the use of residents.

(Ord. No. 196, § 4, 6-19-2023)

A.

Such facilities shall be located on major thoroughfares with an existing or proposed right-of-way of 120 feet. Additionally, the facility shall be on a corner lot or shall directly abut nonresidential zoning on at least one side, and such zoning shall be on the same side of the major thoroughfare.

B.

Hours of operation shall not exceed 15 hours a day with closing time of not later than 9:00 p.m.

C.

All parking and child dropoff areas shall be in the side or rear yard only. This requirement may be waived when an existing building that has front yard parking or circulation is being occupied by a nursery school, day nursery, or child care center.

D.

Outdoor play areas shall be in the side or rear yard in the amount required by the Licensing Rules for Child Care Centers as set forth by the State of Michigan.

E.

Parking, dropoff, and play areas shall be screened in a manner deemed sufficient by the Planning Commission to achieve the objective of screening and controlling noise levels.

F.

Any trash receptacle shall be screened with a six-foot-high obscuring fence or wall,with evergreen screening provided on the three sides of the enclosure without access gates.

G.

Lighting shall be shielded downward so as not to become a nuisance to abutting property.

H.

Front, side and rear elevations of the building shall be provided to ensure that the use will have the appearance and character of residences in the vicinity. If there are no residences within 200 feet, in making a determination on the compatibility of such uses, the following architectural features shall be reviewed:

1.

Roof pitch, overhang, and drainage.

2.

Window sills and other window features.

3.

Facade treatment (both material and appearance).

4.

Entrance features.

5.

Heating exhaust devices.

6.

Penthouses or similar mechanical rooftop features shall be prohibited unless completely screened from adjacent properties and the adjacent public right-of-way.

I.

Signs shall meet the requirements of Chapter 134 of the City's Code of Ordinances.

J.

The facility shall comply with applicable state licensing requirements and regulations.

K.

Any other conditions which the Planning Commission and City Council deem necessary to ensure that the residential character of the neighborhood shall be maintained.

(Ord. No. 196, § 4, 6-19-2023)

The following requirements shall apply to the location, installation, drilling and operation of any well for the commercial extraction of oil, gas or other hydrocarbons in the City:

1.

The location, installation, drilling, operation, maintenance, completion, and abandonment of oil and gas wells shall comply with all applicable federal and state laws, regulations, rules, orders and permits.

2.

A new oil or gas well shall not be located closer than 1,000 feet from a residential dwelling or place of worship, school, hospital, child care center or public park. A new oil or gas well shall also not be located closer than 330 feet from an adjoining property line, unless the adjoining property is pooled with the well site property, and unless the location is at least 660 feet from another well. This paragraph shall not be construed to restrict or prohibit underground horizontal drilling, directional or horizontal drilling where lawfully permitted by Michigan Department of Environmental Quality. Notwithstanding the preceding sentence, the setback distance requirements in this paragraph are in addition and supplemental to the spacing and setback requirements prescribed by Michigan Statutes, Administrative Regulations and Supervisor of Wells Orders and Instructions.

3.

Prior to drilling the owner or operator of an oil or gas well shall provide to the City a copy of the Environmental Impact Assessment filed with the Michigan Department of Environmental Quality in connection with a well permit under Part 615 of the Natural Resources and Environmental Protection Act, MCL 524.61501 et seq., and the administrative rules promulgated under Part 615, as amended, and a hydrogeological study. The owner or operator shall install at least one groundwater monitoring well in close proximity to, and down gradient of, the well location prior to commencing drilling. The owner or operator shall collect a water sample from the monitoring well prior to commencing drilling operations and at monthly intervals following completion of drilling operations. Water samples shall be tested for specific conductance, chloride, benzene, ethylbenzene, toluene, and xylene. The owner or operator shall provide the results of the sample analysis to the City Engineer within two business days after the results are available.

4.

An oil or gas well site shall be completely enclosed with an eight-foot high fence designed to prevent unauthorized entry during well drilling, completion and operation.

5.

Measures deemed adequate by the City Engineer shall be implemented at the oil or gas well site to prevent or control any objectionable dust, noise, vibrations, fumes or odors from leaving the property or adversely affecting or unreasonably disturbing persons living or working in the vicinity. All operations shall be conducted in accordance with the best practices determined by the Michigan Department of Environmental Quality for the production of oil, gas and hydrocarbons in urban and residential areas.

6.

Exterior lighting shall be shielded to prevent unnecessary light or glare from being directed off-site and shall comply with Chapter 2 of Article 10 of the Zoning Ordinance.

7.

The installation, drilling, operation and maintenance of oil and gas wells shall conform to the performance standards of Section 138-10.310 of the Zoning Ordinance in regard to airborne emissions, odors, gases, noise and vibration, hazardous substances, glare, fire and explosive hazards, and waste and rubbish dumping.

8.

The completed wellhead structure shall not exceed 22 feet in height. The temporary drilling rig shall not exceed 110 feet in height.

9.

An oil or gas well shall include measures or controls satisfactory to the City Engineer to prevent migration, run-off or discharge of any hazardous materials, including but not limited to, any chemicals, oil or gas produced or used in the drilling or production of oil or gas, to adjoining property or to the City of Rochester Hills sanitary sewer system, stormwater system or any natural or artificial watercourse, pond, lake or wetland. There shall be no off-site discharge of stormwater except to an approved drainage system in accordance with the City's engineering requirements.

10.

All brine, mud, slush, saltwater, chemicals, wastewater, chemical, fluids or waste produced or used in the drilling or production of oil or gas shall, under the supervision of the Michigan Department of Environmental Quality, be safely, lawfully and properly disposed of to prevent infiltration of or damage to any fresh water well, groundwater, watercourse, pond, lake or wetland. Injection wells for disposal of brine or chemicals from production wells or other sources are prohibited in the City.

11.

The oil or gas well site shall be kept in a clean and orderly condition, free of trash and debris, with weeds cut. Machinery and equipment not being used in the operation of the well shall not be stored or kept at the well site.

12.

Landscaping and screening shall be provided to limit public view of wellheads and equipment after completion of the well drilling operation. Landscaping and screening shall be in accordance with Article 12 of the Zoning Ordinance. A Type E buffer shall be required.

13.

No drilling rigs, construction vehicles, tanker trucks or heavy equipment used in connection with the drilling or production operations of oil or gas wells in the City shall be moved over the public roads and streets under the City's jurisdiction without obtaining approval from the City's Traffic Engineer, who shall specify the streets that may be used and any conditions that may apply.

14.

The owner or operator shall provide to the City and its emergency responders any information necessary to assist the City's emergency responders with an emergency response plan and hazardous materials survey establishing written procedures to minimize any possible hazard resulting from the operation, and shall further provide to the City and its emergency responders up-to-date contact information and a means to contact a responsible representative of the owner or operator on a 24-hour basis.

15.

Hydraulic fracturing, as defined in Michigan Admin. Code, R324.1401 et seq. (i.e., a well completion operation that involves pumping fluid and proppants into the target formation under pressure to create or propagate artificial fractures, or enhance natural fractures, for the purpose of improving the deliverability and production of hydrocarbons), is prohibited in and under the City.

16.

(a)

The owner or operator of an oil or gas well shall maintain written procedures to minimize the hazards resulting from an emergency. A copy of these written procedures shall be filed with the City prior to commencement of drilling. These procedures shall at a minimum provide for the following:

(1)

Prompt and effective response to emergencies including but not limited to:

a.

Leaks or releases that may impact public health safety or welfare;

b.

Fire or explosions at or in the vicinity of the oil or gas well;

c.

Natural disaster;

d.

Effective procedures and protocols to notify and communicate required and pertinent information to local fire, police, public officials and affected residents during an emergency;

e.

The availability of personnel, equipment, tools and materials as necessary at the scene of an emergency;

f.

Measures to be taken to reduce public exposure to injury and probability of accidental death or dismemberment;

g.

Emergency shut down of the well operation;

h.

The safe resumption of operations following an emergency or incident; and

i.

A follow-up incident investigation to determine the cause of the incident and require the implementation of corrective measures.

(b)

Upon discovery of an oil or gas well emergency or incident, the owner or operator shall immediately communicate to the 911 system the following information:

(1)

A general description of the emergency or incident;

(2)

The location of the emergency or incident;

(3)

The name and telephone number of the person reporting the emergency or incident;

(4)

The names of the well owner and operator;

(5)

Whether or not any hazardous material is involved and identification of the hazardous material so involved; and

(6)

Any other information as requested by the emergency dispatcher or other such official at the time of reporting the emergency or incident.

17.

The requirements established in Michigan Department of Environmental Quality Supervisor of Wells Instruction 1-2015 (copy attached as Appendix 1, [on file with the City]) applicable to Oil and Gas Development in high population density areas are hereby adopted and incorporated herein by reference and shall apply to all new oil and gas wells wherever located in the City. Such requirements are in addition and supplemental to the requirements of this section. In the event a requirement of this section is deemed to conflict with a requirement of the Supervisor of Wells Instruction, then the stricter requirement shall apply.

(Ord. No. 196, § 4, 6-19-2023)

For standards regulating the outdoor display and sales of goods see Section 138-4.439 Roadside Stands/Markets, Christmas Tree Sales, and Temporary Outdoor Display and Sales of Goods.

(Ord. No. 196, § 4, 6-19-2023)

Outdoor dining and table service, including but not limited to, patios and sidewalk cafes, are subject to the following requirements:

A.

The sales and service of food outdoors shall be incidental to a similar principal use indoors and adjacent to that principal use.

B.

Outdoor dining areas shall not obstruct the entrance to any building or sidewalk. If outdoor dining areas are located on a sidewalk in front of a building, a minimum five-foot wide clear pedestrian travelway shall be maintained on the sidewalk or pathway.

C.

Temporary, manufactured or free standing food service providers are not considered outdoor dining uses.

D.

Encroachment onto the public right-of-way for the purposes of displaying merchandise is not permitted.

E.

The outside table service shall be located in a manner which will not interfere with visibility, vehicular or pedestrian mobility or access to City or public utility facilities. The determination of whether the outside table service (or any part thereof) interferes shall be made by The Planning Department at the time of application based on the characteristics of each proposed site.

F.

The height of any barrier or installed landscaping shall not exceed three feet, six inches. Any barriers permitted in a public right-of-way shall be entirely portable.

G.

Signs are not allowed in the outside table service area with the exception of a menu sign. Business names may be allowed on the valance of awnings and/or umbrellas.

H.

All outside table services must be readily accessible to and useable by individuals with disabilities.

I.

Approval of a right-of-way use permit by the agency with jurisdiction.

J.

Use and occupation of the public right-of-way which is allowed under this ordinance may be temporarily suspended, without prior notice or hearing, when, in the discretion of the Planning Department any such use, occupation or obstruction may interfere with public safety efforts or programs, special events, street improvement activities, construction activities, cleaning efforts, or other similar activities or with the health, welfare or safety of the citizens of the City.

(Ord. No. 196, § 4, 6-19-2023)

A.

Where Permitted.

1.

Industrial Districts. Outdoor storage of equipment, vehicles, and/or other materials may occur on the same site as and accessory to a principal use or as a principal use. If the outdoor storage constitutes a principal use the storage area shall comply with the front and rear yard setbacks of the industrial district.

2.

Business Districts. The outdoor storage of any equipment, vehicles and/or other materials shall only occur on the same site as and accessory to a principal use. The materials being stored shall be incidental to and related to the principal use of the site, and shall not constitute a second permitted use.

3.

EC Districts. Outdoor storage of equipment, vehicles, and/or other materials may occur on the same site as and accessory to a principal use.

B.

Screening.

1.

Any storage shall be screened from public view from a public street and from adjoining residential properties by an enclosure consisting of a wall, opaque fence, or opaque evergreen landscape screen not less than the height of the equipment, vehicles and all materials to be stored.

2.

Any storage shall be screened from adjacent business or office districts by an enclosure consisting of a wall, opaque fence or opaque evergreen screening not less than six feet in height.

3.

Screening shall not be required on the interior of the industrial district where the storage area is not visible from a thoroughfare or any zoning district other than an industrial district.

4.

The type and style of screening shall be approved by the reviewing authority.

C.

Walls and Fences. Masonry walls or wood fences shall be repaired, maintained and kept in good condition by the owners. The maximum height for any freestanding screening wall or fence shall be eight feet, but walls may be taller if they are wing walls that attach to a building. If screening higher than eight feet is required to conceal the material or vehicles being stored, the screening shall consist of evergreen screening sufficient to form an opaque screen equal to the height of the material or equipment within three years of planting.

D.

Dumpster and trash storage areas are subject to the requirements of Section 138-10.311.

E.

Paving. All outdoor storage areas shall be paved with either bituminous asphalt or concrete, pursuant to City specifications, unless such requirement is specifically waived by the Planning and Economic Development Department or Planning Commission upon a showing that the pavement would serve no useful purpose or could be damaged by the types of vehicles, machinery, or materials being stored.

(Ord. No. 196, § 4, 6-19-2023; Ord. No. 199, § 6, 3-17-2025)

A pet boarding facility is a business for the temporary boarding and care of common household pets generally during daytime hours, but in some cases including overnight boarding. Pet boarding facilities may provide related services such as grooming or training, but no animals may be bred or sold at a pet boarding facility unless the pet boarding facility is accessory to a principal retail use. Pet boarding facilities are subject to the following requirements:

A.

A maximum of ten percent of the gross floor area of the building or lease space may be used for retail sales of goods related to pets.

B.

Pets may be boarded at the facility for a maximum of 168 continuous hours (one week).

C.

On-site vehicular circulation shall be configured to accommodate vehicles within the boundaries of the site. In no case shall vehicles awaiting drop-off or pick-up of a pet be allowed to encroach onto a public or private street.

D.

Any pets being boarded overnight shall be confined to the building from the hours of 9;00 p.m. until 6:30 a.m.

E.

Pet boarding facilities shall be constructed, maintained, and operated so that the sounds and smell of animals cannot be discerned outside of the building. Outdoor runs shall be maintained so that no odors are discernible from adjacent properties.

F.

Outdoor runs where pets will be permitted either on or off-leash shall be set back a minimum of 100 feet from any adjacent residential zoning district. The 100-foot setback notwithstanding, outdoor runs shall be located as far as practicable from any adjacent residential zoning district. Any outdoor runs where pets will be permitted off-leash shall be surrounded by a minimum 54-inch tall fence. If the fence will be visible from any adjacent residential district or road right-of-way, the fence shall be decorative in nature.

G.

Outdoor runs shall be fully enclosed with a decorative fence.

H.

The Planning Commission may require a landscaped buffer or solid wall to be provided between the outdoor run and any adjacent residential district if the location of the proposed outdoor run could negatively impact adjacent or nearby residential uses.

(Ord. No. 196, § 4, 6-19-2023)

Places of worship or assembly may be permitted in any zoning district subject to the following conditions:

A.

The site shall be so located as to provide for ingress to and egress from such site directly onto a major or secondary thoroughfare having an existing or planned right-of-way at least 120 feet in width as shown on the current City master thoroughfare plan. For places of worship or assembly established before the adoption of this ordinance, ingress and egress onto a major or secondary thoroughfare with an existing or planned right-of-way of at least 86 feet in width shall meet this condition.

B.

Buildings of greater than maximum height as allowed by Section 138-5.100 of this ordinance may be allowed, provided front, side, and rear yards are increased above the minimum required yards by one foot for each foot of building height that exceeds the maximum height allowed.

C.

Steeples, bell towers, and similar architectural features are exempt from the height requirements of this ordinance.

D.

For places of worship or assembly greater than 5,000 square feet, abutting a property that contains a residential use, a Landscape Buffer D shall be required in the rear and side yards.

(Ord. No. 196, § 4, 6-19-2023)

A.

The property shall contain at least five acres and shall be located so as to provide all ingress and egress directly from and onto a major thoroughfare.

B.

All required yards shall not be less than 50 feet wide when abutting an R residential district.

(Ord. No. 196, § 4, 6-19-2023)

A.

When the proposed site is not to be situated on a lot of record, the proposed site shall have one property line abutting a major thoroughfare of at least 120 feet as shown on the current master thoroughfare plan, and the site shall be so planned as to provide ingress and egress directly onto such major thoroughfare.

B.

Front, side and rear yards shall, respectively, be at least 40 feet wide and shall be landscaped in trees, shrubs, grass and terrace areas. All such landscaping shall be maintained in a healthy condition.

C.

All lighting used to light the grounds shall be shielded to reduce glare and shall be so arranged as to direct the light away from all residential lands which adjoin the site.

D.

All parking shall be surfaced as required in Article 11 of this ordinance.

E.

Whenever the parking plan is so laid out as to beam automobile headlights toward any residentially zoned land, an obscuring wall or fence or an obscuring coniferous planting six feet in height shall be provided along that entire side of the parking area.

F.

Whenever a swimming pool is involved, such pool shall be provided with a protective fence six feet in height and entry shall be provided by means of a controlled gate or turnstile.

(Ord. No. 196, § 4, 6-19-2023)

A.

The keeping of the following animals will be allowed without a permit under the following circumstances in any zoning district, unless there are other sections in this ordinance which are in conflict, and the raising and keeping of such animals is not for the purpose of breeding or selling them as a source of income:

1.

Common household pets such as dogs, cats, etc., but not including fish or marine animals less than 20 pounds, as long as there are not more than three of any one species permanently boarded or kept. The keeping of more than three common household pets of any one species shall qualify a house as a kennel, subject to the regulations of Section 138-4.422.

2.

Livestock, as long as there are no more than three animals and the parcel or lot shall be at least two acres in area.

3.

Poultry, if there are no more than 12 and the parcel or lot is at least one acre in area.

4.

Litters shall be exempt from these requirements until weaned.

B.

The keeping of the animals mentioned in subsection A., of this section shall not constitute a nuisance to persons living in the surrounding area. Upon receipt of a written complaint filed by a neighbor with the City stating the animals constitute a nuisance, the Zoning Board of Appeals shall hold a hearing in accordance with the procedures of Section 138-1.203. The Zoning Board of Appeals shall determine if in fact the animals do constitute a nuisance.

C.

If the Zoning Board of Appeals determines that the animals have and will likely continue to constitute a nuisance, the animals shall not be kept on the property after the date set by the Zoning Board of Appeals. If, in the opinion of the Zoning Board of Appeals, there is reason to believe that reasonable measures will be taken to alleviate the nuisance associated with the animals, the Zoning Board of Appeals may issue a permit, renewable yearly, for the keeping of such animals with or without restrictions. If a hearing is held and a determination is made, the matter may not be reviewed again on a complaint of a neighbor unless there has been a change of circumstances.

D.

No person shall allow animals under the person's control or ownership to constitute a nuisance. The violation of this section may be prosecuted in the district court or may be enjoined in the circuit court. Notwithstanding anything to the contrary, this section shall not be a limitation on, lessen the effect of, nor interfere with any other City ordinance pertaining to animals and the enforcement of it.

(Ord. No. 196, § 4, 6-19-2023)

A.

In General.

1.

Hours of operation shall be limited to 7:00 a.m. through 9:00 p.m.

2.

Any lighting shall be directed and controlled so as not to become a nuisance to adjacent property owners or motorists. A permit shall be obtained from the building department before any lighting is installed.

3.

The sale shall not require or involve the erection of any capital improvements of a permanent structural nature and shall not require or involve any outdoor storage of items not related to the sale.

4.

Adequate sanitary facilities shall be available for persons tending to the sale.

5.

One sign located on the premises where the sale is located shall be permitted. The sign shall be located on private property outside of the public right-of-way and shall be limited to six feet in height and 12 square feet in area. The sign shall be removed from the premises when the activity ceases. No balloons, festoons, inflatables or other similar devices designed to attract attention to the site or use shall be permitted.

6.

An adequate trash receptacle for the disposal of refuse generated on-site shall be required and refuse shall not be allowed to accumulate on-site for more than 24-hour periods.

7.

The sale shall not take place in the public right-of-way within the City, and adequate off-street parking and ingress and egress shall be provided and maintained in a usable and dust-free condition.

8.

Except as otherwise provided in this Section, the operation shall be located on property owned or leased by the operator.

9.

The operation must comply with all otherwise applicable laws and ordinance regulations of this Code.

B.

Roadside Stands/Markets and Christmas Tree Sales. It is the intent of the City not to allow the establishment of permanent commercial operations in noncommercial districts. However, seasonal roadside stands and markets for the sale of produce and flowers when sold with produce and Christmas tree sales, including wreaths, boughs, grave blankets and garlands, may be permitted on a temporary basis by obtaining a permit from the building department. The permit shall be subject to the following conditions:

1.

Limitations. Roadside stands and markets and Christmas tree sales may be permitted in any district, subject to the following exclusions:

a.

Christmas tree sales shall not be permitted on property that is part of a recorded residential subdivision or one-family residential detached condominium development.

b.

Roadside stands and markets shall be permitted on property that is part of a recorded residential subdivision or one-family residential detached condominium development only if all of the produce to be sold shall be or was grown on the immediate property and there is an occupied residential dwelling on the property.

2.

Restrictions. The following restrictions shall govern the issuance of permits:

a.

If a portable roadside stand or market is to be located on property that is part of a recorded residential subdivision or one-family residential detached condominium development, the permit shall be restricted to the owner of that property, and the roadside stand or market shall be operated and staffed only by the owner and/or resident of that property. The permit may be issued for an initial two-month period between May 1 and October 31 within a calendar year, and it may be renewed once for one additional one-month period between May 1 and October 31 of the same calendar year. There shall be no fee for this renewal. A roadside stand or market shall not be operated on property that is part of a recorded residential subdivision or one-family residential detached condominium development for more than three months between May 1 and October 31 of a calendar year.

b.

A permit may be issued for roadside stand or market only for the period from May 1 to October 31 of a calendar year. A permit for Christmas tree sales may be issued only for the period from November 15 to December 31 of a calendar year. Storage, display and sale of Christmas trees and associated items shall be permitted only during this period.

c.

Any structure used for the sale of produce or Christmas tree sales shall be portable and shall be removed from the roadside upon expiration of the permit for a roadside stand or market or Christmas tree sales. If the property is undeveloped, any portable structure shall be removed from the property upon expiration of the permit. Written authorization from the owner of the property shall be required prior to the City issuing a permit.

d.

Christmas tree sales shall not be located within 100 feet of a residential dwelling, other than a dwelling on the property on which the trees are sold. Roadside stands or markets selling any produce that was not grown on the immediate property shall not be located within 200 feet of a residential dwelling, other than a dwelling on the property on which the roadside stand or market is located.

C.

Temporary Outdoor Display and Sales of Goods. Except as regulated in Section 138-4.439, for purposes of this section, temporary outdoor sales events, commonly referred to as "tent sales", that meet all of the following criteria are permitted in the NB and CB districts. The outdoor display and sales of goods shall require a special events permit from the Building Department. For purposes of this section, the term "temporary outdoor sales event" shall have the meaning ascribed to it in Section 79-2 of this Code.

1.

The temporary outdoor sales event must be accessory to an existing principal use on the same property as the event is held.

2.

The operator of the temporary outdoor sales event must obtain a license under Chapter 79 of this Code.

3.

The temporary outdoor sales event shall not exceed more than 14 consecutive days and a total of 28 days during any 12-month period.

4.

The temporary outdoor sales event shall have up to five days to establish the temporary use including the erection of tents, placement of merchandise and placement of temporary signs.

5.

A temporary outdoor sales event may include up to one primary temporary tent plus one additional temporary tent or temporary storage container or trailer. Sales and storage shall be limited to the approved tent(s) and, when provided, storage container. No tent shall exceed 2,400 square feet in area nor shall it be greater than 20 feet in height.

6.

If a temporary outdoor sales event has a tent, storage container or trailer for the purpose of temporary storage of related merchandise, sales or a combination of storage and sales, the exterior design, appearance and color scheme of the tent and/or container/trailer shall be in keeping with the general color scheme of the surrounding development or a neutral color. For example, a bright yellow or orange tent and/or container/trailer located in a shopping center with a brick façade shall not be permitted. When both a container/trailer and tent are proposed, the container/trailer shall not be placed closer to the street than the tent.

(Ord. No. 196, § 4, 6-19-2023)

A.

Ingress and egress to the outdoor sales area shall be at least 60 feet from the intersection of any two streets.

B.

An obscuring wall or fence 6 feet in height must be provided when abutting a property that contains a residential use.

C.

Major repair or major refinishing shall not be done on the lot.

(Ord. No. 196, § 4, 6-19-2023)

A.

When permitted in the CB and HB districts, an on-site retail component is required that occupies at least 25% of the size of the facility.

B.

When permitted in the NB district, an on-site retail component is required that occupies at least 50% of the size of the facility.

(Ord. No. 196, § 4, 6-19-2023)

A.

Private stables may be permitted by the Planning Commission as an ancillary use to a private residence in a single-family district. Private stables shall be subject to the following:

1.

Prior to granting a permit the Planning Commission shall hold a public hearing to receive public comment regarding the effect that establishment of a private stable will have on the surrounding neighborhood. The public hearing shall be held in accordance with the procedures of Section 138-1.203.

2.

Two acres of land shall be provided for one horse, and for each additional horse stabled thereon one additional acre of land shall be provided. The property shall be under control or use of the permit holder with either title or lease.

3.

Confinement areas and/or stables shall, in all instances, be located in the rear and/or side yard. Horses shall be confined to fenced pastures, paddocks or stables unless harnessed and under the direct control of a person.

4.

Buildings or areas designated for the purpose of feeding and/or sheltering horses, excluding grazing areas, shall be located no less than 100 feet from the perimeter of the site. This 100-foot requirement may be waived by the Planning Commission if it determines the location of the building is not likely to create a sanitary or noise problem for adjacent residents.

5.

No storage of manure or odor-producing or dust-producing substances or any activity producing odor or dust shall be permitted within 100 feet of any property line.

6.

In each instance when the Planning Commission issues a permit for a private stable, the commission shall find that there has been compliance with the conditions of this subsection, that the activity will not or has not been a nuisance to residents in the area, is compatible with adjacent land uses and is consistent with the public health, safety and welfare of the City.

B.

Public stables, riding academies, and hunt clubs, where permitted, are subject to the following requirements:

1.

The uses may be permitted on parcels of land that are at least 40 contiguous acres or more in area.

2.

Bridle paths, and all other riding areas, shall be within the confines of the proposed property.

3.

The stable shall be so situated on the site so as to be at least 300 feet from any residences on abutting parcels or lots.

4.

Paddocks, instruction areas, pastures, and areas for the purpose of feeding horses shall be confined to the site and shall be located at least 100 feet from the perimeter of the site.

5.

Ingress and egress to the stable area shall be provided solely through the parcel in question, which shall abut a public right-of-way.

6.

Adequate off-street parking facilities shall be provided on the site, located at least 100 feet from the perimeter of the site.

7.

Manure shall be kept in tightly covered boxes and shall be regularly sprayed or limed so as to control flies and other insects.

8.

Floodlights or any other source of artificial lighting provided to facilitate night riding activities shall be properly shielded or directed away from residences or abutting properties.

(Ord. No. 196, § 4, 6-19-2023)

The following regulations apply to all state licensed residential facilities, as defined by this ordinance and as licensed by the State of Michigan; and to all other managed or state licensed residential facilities.

State licensed residential facilities with fewer than seven residents include family day care homes, foster family homes, foster family group homes, and adult foster care family homes.

State licensed residential facilities with more than six but not more than 12 residents include group child day care homes, and adult foster care small group homes.

1.

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

2.

Separation Requirements. New state licensed residential facilities with seven or more residents shall be located a minimum of 1,500 feet from any other state licensed residential facility with seven or more residents, 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.

3.

Compatibility with Neighborhood. Any state licensed residential facility and the property included therewith shall be maintained in a manner consistent with the visible characteristics of the neighborhood in which it is located.

4.

Group Child Day Care Homes. In addition to the preceding subsection, the following regulations shall apply to all group child day care homes (with more than six but fewer than 12 residents), as defined in this ordinance.

a.

Outdoor Play Area. A minimum of 150 square feet of outdoor play area shall be provided and maintained per child at the licensed capacity of the day care home, provided that the overall play area shall not be less than 1,500 square feet. The play area shall be located in the rear yard area of the group day care home premises and shall be suitably fenced and screened.

b.

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.

c.

Hours of Operation. Group child day care homes shall not operate more than 16 hours per day.

(Ord. No. 196, § 4, 6-19-2023)

A.

Temporary construction buildings and/or construction activities shall be allowed in any zone for a period of one year, if a permit is obtained from the public services department. A second year may be allowed if there appears to be no unreasonable delay in the activities and there appears to be a necessity.

B.

Temporary construction activities with or without temporary buildings shall be defined as construction activities other than actual construction of buildings approved pursuant to a building permit. They include, but not by way of limitation, a construction yard for the development of a subdivision or multiple project, a cement- or asphalt-making operation for streets or roads in the City and other similar activities.

C.

The public services department shall determine, before issuing a permit, whether the proposed temporary construction building and/or construction activity is necessary and if it is necessary that it should be located at the proposed location. The public services department shall also find that the proposed activity does not place excessive use on the sanitary sewer and/or water system, nor create a hazardous fire condition. In granting the approval, the public services department may set such conditions as appear necessary to minimize disturbance to the area and the surrounding land uses. As a condition of approval, the public services department shall require the posting of a cash bond, corporate surety bond or letter of credit to guarantee compliance with this ordinance and all other applicable City ordinances, standards, rules and regulations, and a proper cleanup of the site at a time indicated in the permit. The fees to be charged for the issuance of the permit and for inspections by the City shall be as set by resolution of the City Council. The applicant shall also file with the City comprehensive liability insurance in amounts of $100,000.00 per person and $300,000.00 per occurrence.

D.

Activities allowed pursuant to this section shall conform to the following requirements:

1.

All roads used for hauling on the site or for ingress or egress, on and off the site, shall be kept dust-free by use of a method, material or substance approved by the department of public service.

2.

Work areas shall be kept clean and clear.

3.

Work areas shall be posted with the owner's and operator's names and phone numbers.

4.

Work yards shall be fenced or otherwise made safe.

5.

Truck crossings and other means of ingress and egress shall be posted 200 feet therefrom in either direction to warn motorists.

6.

Construction or associated construction activity shall be permitted only between 7:00 a.m. and 8:00 p.m., Monday through Saturday, exclusive of holidays. Construction on Sunday or a holiday shall be authorized only by special written permission granted by the mayor where, in his discretion, hardship is shown. For purposes of this subsection, the term "holiday" shall mean the day on which New Year's Day, Easter, Memorial Day, July Fourth (Independence Day), Labor Day, Thanksgiving or Christmas is officially celebrated.

(Ord. No. 196, § 4, 6-19-2023)

Utility and public service facilities and uses such as gas regulator stations and electrical substations, may be permitted in any zoning district when operating requirements necessitate the locating of such facilities in order to serve the immediate vicinity, and when the following conditions are met:

A.

Adequate screening in the form of a masonry wall, redwood fence, berm or greenbelt planting shall be provided to serve as a buffer between the utility and adjacent residential area. The type and quantity of screening landscaping is subject to Planning Department approval.

B.

All requirements of Section 138-10.310 pertaining to performance standards.

C.

Outdoor storage yards are permitted in the I district, but are prohibited in all other zoning districts.

(Ord. No. 196, § 4, 6-19-2023)

Space may be rented for construction and contractor's equipment so long as all property lines shall abut land zoned I, industrial. The storage shall be enclosed within a building or within an obscuring wall or fence on those sides abutting a public thoroughfare. The extent of such obscuring wall or fence shall be as determined by the Planning Commission on the basis of the proposed and actual usage. The wall or fence shall be subject further to the requirements of Section 138-12.104.

(Ord. No. 196, § 4, 6-19-2023)

A.

All activities shall be conducted within a totally enclosed building.

B.

Veterinary hospitals or clinics located in the NB or CB districts shall be set back at least 40 feet from any R, RCD, RM-1, or RMH zoning district with a Type C buffer provided along any common property line.

(Ord. No. 196, § 4, 6-19-2023)

Wireless telecommunication facilities shall conform and be subject to the following:

A.

Wireless Telecommunicaiton Facility Support Structures.

1.

Limitation on new support structures. It is the City's policy to minimize the proliferation of new wireless telecommunication facility support structures in favor of collocation of such facilities on existing structures. No new wireless telecommunication facility support structures shall be constructed unless the applicant for the new structure demonstrates, and the Planning Commission finds, that collocation on an existing structure is not adequate or is not reasonably feasible.

2.

Monopole design required. All wireless telecommunication facility support structures, unless otherwise provided, shall have a monopole, unipole or similar non-lattice, single vertical structure design and shall be further designed to accommodate at least four wireless telecommunication arrays of antennas or panels. The applicant shall submit an affidavit by a design engineer registered in the state attesting that the support structure can support at least four wireless telecommunication arrays of antennas or panels. The site plan for any new support structure shall expressly state that the support structure shall be erected and available for collocation, and shall also show the proposed location of the applicant's and collocators' equipment shelters and related facilities.

3.

Maximum height. Wireless telecommunication facilities shall not exceed 185 feet in height, as measured from the average grade at the base of the support structure to the top of the antenna or panel. In no case shall the height exceed any applicable height limitation established by county, state or federal regulations.

4.

One support structure per lot. Except in the I zoning district, not more than one wireless telecommunication support structure may be located on a single lot.

5.

Location on lot. If located on the same lot as another permitted use, a wireless telecommunication facility shall not be located in a front yard or side yard abutting a street, except that the Planning Commission may approve a support structure utilizing camouflage or stealth design for location in a front or side yard abutting a street if the Planning Commission determines that location will better facilitate a satisfactory and harmonious relationship with existing and prospective development of contiguous land and adjacent neighborhood.

6.

Setbacks. Wireless telecommunication facilities shall be set back from the lot line a distance not less than one-half of its height or 65 feet, whichever is greater. However, when wireless telecommunication facilities are located on premises which abut a lot that is residentially zoned, the minimum setback from the lot line abutting the residentially zoned lot shall be equal to the height of the facility. All setbacks shall be measured from the edge of the facility.

7.

Maintenance and removal. Wireless telecommunication facilities shall be installed and maintained in accordance with manufacturers' specifications and the building code. Upon discontinuance or cessation of use, the facility shall be removed by the owner thereof.

8.

Signs. No sign shall be attached to or displayed on a wireless telecommunication facility. No signals or lights or other means of illumination shall be permitted on a facility unless required by state or federal law or regulation. The facility shall have a neutral color intended to blend with the surroundings.

9.

Equipment shelters. If the wireless telecommunication facility is located on a site which is already improved with another building or structure, and an equipment shelter is proposed, the equipment shelter shall be constructed with exterior facade materials similar to the principal building or structure on the site.

B.

Collocation.

1.

Existing structures. Wireless telecommunication antennas or panels may be installed on existing buildings or structures provided such antennas or panels, and their supporting structure, do not exceed the height limitation set forth in subsection A.3. of this section.

2.

Exemption from setbacks. Any wireless telecommunication antenna or panel mounted on an existing building or structure which does not increase the height of the building or structure shall be exempt from the setback requirements of subsection A.6. of this section.

C.

Wireless telecommunication facilities located in one-family residential zones shall meet one of the following requirements:

1.

Existing nonresidential building. The wireless telecommunication facility shall be mounted directly onto an existing, nonresidential building in a manner that does not increase the height of the building. The facility shall consist of material or color which is compatible with the exterior treatment of the building;

2.

Existing nonresidential structure. The wireless telecommunication facility shall be located on an existing, nonresidential support structure, pole or tower such as a public or private utility tower, pole or structure, but not on a building. Such facility shall consist of a material or color which is compatible with the tower, pole or structure. Antennas or panels may extend above the top of the tower, pole or structure not more than 30 feet; however, the height to the top of the antenna or panel may not exceed 165 feet; or

3.

New support structure on public property. The wireless telecommunication facility shall be located on a new support structure situated on public property. Any facility located on public property which is used for passive recreation shall be designed to minimize the conspicuousness of the facility (e.g., utilizing camouflaged or stealth designed poles or existing environmental features as screening). All such facilities located on public property shall meet the setback requirements of subsections A.6. and B.2. of this section.

(Ord. No. 196, § 4, 6-19-2023)