This chapter establishes requirements for certain land uses that differ from the requirements of the zoning district in which they are allowed. Due to the nature of the use, its intensity, certain characteristics of its operation, the land area required for it to function, or other factors specific to an individual use, additional requirements are necessary to accommodate the use and ensure its compatibility with its surroundings. In some cases, the uses are "permitted" but with the added requirements of this chapter, while others are "special land uses" subject to more scrutiny, as specified in Chapter 8 and the additional requirements of this chapter.

A.

Permitted Uses. These uses are allowed by right as indicated by "P" in the respective "Table of Allowed Uses" in Chapters 3, 4, or 5 but are subject to "Additional Requirements" as noted in those tables. They are subject to site plan review, per Chapter 14, and must comply with the applicable specific use requirements of this chapter.

B.

Special Land Uses. Those allowed uses indicated by "S" in the respective "Table of Allowed Uses" in Chapters 3, 4, or 5 are subject to the requirements of Chapter 8 in addition to the specific use requirements of this chapter.

A.

Accessory Dwelling Unit (ADU).

1.

Location. ADUs are permitted in any residential, mixed-use, or PUD zoning district on a lot on which a single-family dwelling is located, subject to the requirements of this section.

2.

General requirements.

a.

Only one ADU shall be permitted on a lot or parcel.

b.

The ADU shall be designed as an independent housekeeping unit that can be isolated from the principal dwelling space.

c.

The ADU shall be connected to the same public water and sanitary sewer system as that serving the principal dwelling.

d.

The owner of the property shall occupy either the principal dwelling or the ADU and that dwelling shall serve as the owner's principal place of residence.

e.

An ADU may be created through new construction, the conversion of an existing building, or as an addition to an existing building, as follows:

i.

Interior ADUs are created when a portion of a detached single-family dwelling is partitioned off to become a separate dwelling unit. It is fully within and under the same roof as the principal dwelling unit, though it may have an external entrance into the unit.

ii.

Attached ADUs are connected to the principal dwelling unit, by a roof and at least one common wall or by a breezeway or similar covered and enclosed structure.

iii.

Detached ADUs stand-alone from the principal dwelling unit and include detached garage apartments and free-standing backyard cottages.

f.

The ADU shall be at least 350 square feet in floor area; but no larger than 35 percent of the livable floor area (not including basement) of the principal dwelling or 850 square feet, whichever is less.

g.

The ADU shall not contain more than one bedroom.

h.

Trailers, tents, recreational vehicles, mobile homes, shipping containers, and similar structures shall not be used as an ADU.

i.

As a condition of approval, the owner shall prepare a deed restriction or other legal instrument to be reviewed and approved by the city attorney. Following approval by the city attorney, the instrument shall be recorded with the Kent County Register of Deeds, prior to issuance of a building permit for the ADU. The instrument shall substantially include the following:

i.

A statement that the principal dwelling and the accessory dwelling shall remain in the same ownership, unless the dwellings can be separated onto individual building lots, each of which complies with all relevant lot area, setback, access, and other requirements of the zoning ordinance, subject to city approval.

ii.

A statement that the accessory dwelling shall not be used as a short-term rental or bed and breakfast and is authorized by the city subject to ownership and occupancy restrictions of this ordinance.

iii.

A statement of other restrictions which are appropriate or reflect conditions placed upon the approval by the Planning Commission.

3.

Interior ADU requirements. An interior ADU may have an exterior entrance located on the side or rear of the principal dwelling. In all other respects, the ADU shall be fully internal to the principal dwelling unit.

4.

Attached ADU requirements.

a.

If attached to the principal dwelling, the accessory dwelling unit shall meet all height and setback requirements of the principal dwelling.

b.

The lot must meet the minimum required lot area for the zoning district and construction of the ADU shall not cause the maximum lot coverage requirements for the zoning district to be exceeded.

5.

Detached ADU requirements.

a.

The lot must meet the minimum required lot area for the zoning district and construction of the ADU shall not cause the maximum lot coverage requirements to be exceeded.

b.

An ADU may be constructed above or on the side of a detached garage, subject to the following standards:

i.

The detached garage must be in compliance with the accessory building setback requirements of this ordinance and shall be maintained after construction of the ADU.

ii.

No portion of the ADU shall be closer than 10 feet to the principal dwelling and 10 feet from any side or rear property line.

iii.

If located above a detached garage, the maximum height of the structure shall not exceed 25 feet. If attached to the side of the detached garage, the ADU height shall not exceed 14 feet.

c.

A free-standing detached ADU (not attached to another building) shall meet the following dimensional requirements:

i.

Maximum height: 25 feet

ii.

Separation from all buildings on the lot: 10 feet

iii.

Rear yard setback: 25 feet

iv.

Side yard setback: 10 feet

B.

Adult Uses.

1.

It is the intent of this subsection to regulate those uses recognized as objectionable and having a potentially detrimental impact on adjacent uses and areas. Special regulation of these uses is necessary to ensure that the potential adverse impacts will not contribute to the blighting or downgrading of the surrounding neighborhood. Uses subject to these controls include adult bookstores, adult theaters, nude artist and photography studios, and adult cabarets.

2.

Establishments where adult uses are located shall not be expanded in any manner without first applying for and receiving approval as required by this ordinance.

3.

The adult use shall have frontage on and direct access to Wolverine Blvd/Northland Drive.

4.

The sale of alcoholic beverages within any adult use establishment is prohibited.

5.

An adult use shall not be located within 500 feet of another existing adult use or within 1,000 feet of any residential district, place of public worship, school, park, or playground. Distance shall be measured between the closest property lines.

6.

Signs for the adult use shall comply with the requirements of the city sign ordinance and shall not include photographs, silhouettes, drawings, or pictorial representations of any type, nor include any animation or flashing illumination.

7.

Signs shall be posted on both the exterior and interior walls of the entrances, in a location which is clearly visible to those entering or exiting the business, using lettering which is at least two inches in height, that state:

a.

"Persons under the age of 18 years are not permitted to enter the premises."

b.

"No alcoholic beverage of any type is permitted within the premises."

8.

No product for sale or gift, nor any picture or other representation of any product for sale or gift, shall be displayed so that it is visible to a person of normal visual acuity from the nearest adjoining street or adjoining property.

9.

No adult use shall be open to patrons prior to 10:00 a.m. nor after 10:00 p.m. However, employees, other agents, or contractors of the business are permitted to be on the premises at other hours for legitimate business purposes such as maintenance, cleaning, preparation, recordkeeping, and similar purposes not involving the general public.

C.

Bed and Breakfast.

1.

No such use shall be permitted on any property within 750 feet of an existing bed and breakfast, measured between the closest property lines.

2.

Such use shall be established entirely within a single-family detached dwelling.

3.

The number of guest rooms shall not exceed three.

4.

Room occupancy shall not exceed two adults, plus minor children.

5.

Exterior refuse storage facilities beyond what might normally be expected for a single-family detached dwelling shall be prohibited.

6.

The establishment shall be the principal residence of the homeowner or operator; provided, in the temporary absence of the owner/operator, a designated manager shall reside in the home at all times when guests occupy the bed and breakfast.

7.

Accessory retail or service uses such as gift shops, antique shops, restaurants, and bakeries shall be prohibited.

8.

If served, meals shall be served only to the owner/operator's family, employees, and overnight guests.

9.

The maximum stay for any guest shall not exceed 10 consecutive days. A guest register shall be maintained and shall be made available to the city for inspection upon request.

10.

No exterior evidence that the facility is a bed and breakfast shall be permitted, other than one non-illuminated sign, not exceeding six square feet, attached flat against the building wall.

11.

Off-street parking shall be provided at a minimum ratio of two spaces, plus one for each permitted guest room. Parking shall be hard surfaced with concrete, asphalt, or pervious pavers approved by the zoning administrator. No parking shall be permitted in the front yard and no parking area shall be lighted, except for a residential porch light.

D.

Charity Collection Boxes.

1.

Permit required. No charity collection box may be placed or located within the city unless the operator of the box is issued a permit by the city clerk. A permit for a charity collection box shall only be issued if all of the requirements of this section are met.

2.

Charitable status. The operator of the collection box shall be a not-for-profit organization that has qualified for tax-exempt status under Section 501(C)(3). The operator shall submit proof of 501(C)(3) status to the city as part of the permit application. This proof shall consist of copies of the following forms and information required to qualify for 501(C)(3) status:

a.

Michigan Articles of Incorporation.

b.

IRS Form 1023.

c.

Proof of directors and officers (D & O) insurance.

d.

Proof of license to solicit donations issued by the Michigan Attorney General's office.

e.

Copies of the organization's three most recent Michigan Annual Reports filed each October 1 with the Michigan Corporation, Securities and Land Development Bureau. This requirement may be waived or modified if the organization has not existed long enough to have filed three Michigan Annual Reports.

3.

Property owner consent required. The operator of the collection box shall submit evidence that the owner of the property where the collection box is proposed to be located agrees to allow the collection box on their property.

4.

Where permitted. Collection boxes are permitted as an accessory use to a nonresidential principal use of the property.

5.

Location.

a.

Front yard or side yard. Collection boxes in the front or side yard shall be located adjacent to a building in a location that does not impede vehicular or pedestrian circulation. For the purposes of this requirement, "adjacent" shall mean within five feet of an exterior building wall. Collection boxes may not be located in any parking space.

b.

Rear yard. Collection boxes shall not be located within a required rear yard setback.

6.

Number. No more than two collection boxes may be located on any one property.

7.

Size, mass, and placement. Collection boxes shall not exceed a maximum size of six feet in depth or width and a maximum height of eight feet. The collection boxes shall be placed on a concrete or asphalt surface.

8.

Operation standards. All donation items shall be fully contained within the collection box. Donations not fully contained in the collection box shall be considered a public nuisance and subject to removal by the city at the property owner or collection box operator's expense.

9.

Maintenance.

a.

Collection boxes shall be serviced and emptied as needed, or within 24 hours of a request by the zoning administrator or designee.

b.

Collection boxes shall be maintained in good condition and appearance with no structural damage or defects, holes, or visible rust, and shall be free of graffiti.

c.

The area surrounding the collection boxes shall be free of any junk, garbage, trash, debris or other refuse material.

E.

Child Care Centers.

1.

The site shall have frontage on and direct access to a designated arterial or collector street.

2.

Access driveways shall be located no less than 100 feet from the right-of-way line of any street intersection or 75 feet from the nearest edge of any other driveway.

3.

The facility shall not operate between the hours of 8:00 p.m. and 6:00 a.m. unless the site's property line is at least 300 feet from the nearest residential district boundary.

4.

All outdoor play/activity areas shall be a minimum of 50 feet from any residential district boundary and enclosed with fencing, a minimum of four feet high.

5.

Activities associated with child care shall not be permitted in any accessory building, structure, or garage.

6.

A useable outdoor play/activity area shall be provided at the ratio of at least 66 square feet for each child for which the facility is licensed, or as required by State regulation, whichever is greater.

7.

An off-street drop-off area shall be provided for temporary pick-up and drop-off. One temporary drop-off space shall be provided for each 10 children the facility is licensed to accept in addition to parking required by this ordinance. Drop-off spaces shall be marked and distinguished as such. Additionally, one stacking space for each five children the facility is licensed to accept shall be provided to allow space for vehicles waiting for the temporary drop-off location. Stacking spaces shall conform to Section 10.3 B.4. Stacking spaces and drop-off spaces shall be located so as not to interfere with circulation on or off the site.

F.

Commercial Storage Warehouse.

1.

Minimum lot area shall be two acres.

2.

Overhead doors shall not face any adjacent street.

3.

A security plan shall be required to illustrate measures such as fencing, camera locations, and similar methods to protect the property.

4.

Outdoor storage is not permitted, except in accordance with the requirements of Section 9.3 R.

5.

All refuse collection facilities shall be screened as required by Section 12.7.

6.

Parking and circulation shall meet the following requirements:

a.

One parking space shall be provided for each 10 storage cubicles and shall be equally distributed throughout the site.

b.

One parking space shall also be required for the security personnel or on-site operator employed on the premises.

c.

All driveways, parking, loading, storage, and vehicular circulation areas shall be paved.

G.

Convalescent and Nursing Homes.

1.

Minimum lot area shall be two acres.

2.

No part of any building may be closer than 50 feet to the front lot line and 25 feet from all other lot lines.

3.

Each residential unit shall contain a minimum of 350 square feet of livable floor area,

4.

All refuse collection facilities shall be screened as required by Section 12.7.

5.

If the use is required to be State-licensed, any such license shall be maintained in full force and effect and all its terms and conditions shall be fully complied with. A copy of the license and each instrument of renewal shall be promptly furnished to city inspectors or zoning officials upon request.

H.

Drive-Thru Facilities for Banks, Dry-Cleaners, Pharmacies, and Similar Establishments, but not Restaurants.

1.

Stacking spaces shall conform to Section 10.3 B.4.

2.

Sufficient stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way. A minimum of four stacking spaces for each drive-through station, whether personal or automatic, shall be provided.

3.

Access driveways shall be located no less than 100 feet from the right-of-way line of any street intersection or 75 feet from the nearest edge of any other driveway.

4.

Outdoor speakers for the drive-thru facility shall be located in a way that minimizes sound transmission toward neighboring property and uses.

I.

Dwellings on Upper Floors.

1.

Evidence shall be provided to the Planning Commission that off-street parking equal to two spaces per dwelling unit is available to the residents within a reasonable distance of each dwelling.

2.

No dwelling unit shall be located on the ground floor of the building.

3.

The minimum floor area of each unit shall be the same as the requirements specified in Table 9-3 of Section 9.3 Y. for home conversions.

J.

Funeral Homes and Mortuaries.

1.

Lighting for parking areas or outdoor activity areas shall be shielded to prevent light from spilling onto any residential district or use.

2.

Minimum lot area shall be one acre and minimum lot width shall be 150 feet.

3.

An off-street vehicle assembly area shall be provided to be used in support of funeral processions and activities. This area shall be in addition to the required off-street parking and its related maneuvering areas.

4.

No lines of waiting vehicles shall extend off-site or onto any public street.

5.

Access driveways shall be located no less than 100 feet from the right-of-way line of any street intersection or 75 feet from the nearest edge of any other driveway.

K.

Junk Yards.

1.

Requests for approval of a salvage or junk yard shall also require submission of a detailed proposal identifying the predominant type of salvage or junk to be received, the methods of separation and/or recycling, and ultimate destination of waste materials. The applicant shall be required to submit written materials outlining measures taken to comply with all necessary state, county, and local laws.

2.

The property shall be a minimum area of six acres.

3.

The site shall abut and have direct access to a designated arterial or collector street.

4.

No portion of the storage area shall be located within 1,000 feet of any residential use or district.

5.

Any outdoor storage area shall be completely enclosed by a fence or wall at least eight feet in height but no more than 10 feet, constructed of a sturdy, durable material and sufficiently opaque to ensure that salvage is not visible from outside the storage area. The fence or wall shall have a minimum of two non-transparent gates not exceeding 24 feet in width providing access to the storage area for vehicles but shall not allow direct view of the storage area from adjacent properties or streets. The fence or wall shall be continuously maintained in good condition and shall contain only approved signs.

6.

Stored materials shall not be stacked higher than 10 feet and shall be stored in a manner so as not to be visible from adjoining properties or streets. In no case shall salvage or junk be stored at a height exceeding the height of the storage area fence or wall.

7.

The fence or wall enclosing the storage area shall meet the principal building setback requirements of the zoning district.

8.

A management office shall be provided on site.

9.

Conditions within the storage area shall be controlled to minimize hazards of fire and other threats to health and safety.

10.

All portions of the storage area shall be accessible to emergency vehicles.

11.

Vehicles or vehicle bodies shall be stored in rows with a minimum of 20 foot wide continuous loop aisles separating each row of vehicles.

12.

All batteries shall be removed from vehicles and all radiators and fuel tanks shall be drained prior to the vehicle being placed in the storage yard. Salvaged batteries, oil, and other such substances shall be removed by a licensed disposal company or be stored in a manner which prevents leakage. No fluids removed from vehicles shall be applied as a dust control method.

13.

No vehicle parts or other materials shall be stored, loaded, unloaded, or dismantled outside the fence enclosing the salvage yard.

14.

All fences or walls shall be set back a minimum of 300 feet from any residential use or district.

15.

In order to protect surrounding areas, the crushing of vehicles or any part thereof shall be limited to daylight hours.

16.

The Planning Commission may impose other conditions which have a reasonable relationship to the health, safety, and general welfare of the City of Rockford. These conditions may include a provision for an annual inspection by the zoning administrator to ensure continuing compliance with the above standards.

L.

Kennels.

1.

The minimum lot size shall be three acres.

2.

Outdoor pens shall be enclosed by a chain link fence or wall eight feet in height.

3.

Outdoor areas in which animals are kept, such as runs, pens, and/or exercise areas shall not be located nearer than 100 feet to any residential district or residential use and shall not be located within any required yard area.

4.

Approval shall be conditioned upon obtaining a kennel license from Kent County.

M.

Manufacture, Compounding, Processing, Packaging, or Treatment of Products Requiring Stamping or Punch Press Operations, Metal Plating, or Buffing; Manufacture or Use of Corrosive Alkali, Cement, Lime, Gypsum, or Plaster of Paris; or Processing, or Treatment of Leather Products.

1.

The principal and accessory buildings and structures shall be located at least 300 feet from any residential use or residential district property line.

2.

Shall not create noise, vibration, or other nuisances detectable on adjacent properties.

3.

All activities, except permitted outdoor storage in accordance with Section 9.3 R., shall be conducted within an enclosed building.

N.

Open Air Business.

1.

The area used for display or storage shall be paved; provided, the Planning Commission may permit the use of pervious pavers or similar materials, not including gravel, that provide a hard surface, are easily maintained, will withstand the intended use, and will reduce stormwater runoff.

2.

Parking, display, and storage areas shall be set back at least 10 feet from any side and rear lot line and 20 feet from any public right-of-way line. The setback areas shall be maintained with grass or suitable ground cover, unless otherwise required by Chapter 12. Display and storage areas shall not occupy any required parking areas or maneuvering aisles.

3.

Access driveways shall be located no less than 100 feet from the right-of-way line of any street intersection or 75 feet from the nearest edge of any other driveway.

4.

Lighting for parking and outdoor storage areas shall conform to the requirements of Chapter 13.

O.

Outdoor Commercial Recreation.

1.

Minimum site size shall be three acres.

2.

Minimum site width shall be 200 feet abutting a collector or arterial street. All vehicular access to and from the site shall be from that street.

3.

All driveways shall be located no closer than 150 feet from any street intersection, measured nearest pavement edge to nearest pavement edge.

4.

No building, structure, parking, activity area, storage, or other use of the site shall be located within 50 feet of any public street.

5.

Where the property abuts a residential district, a type "A" buffer shall be provided in accordance with the requirements of Section 12.5 and outdoor loudspeaker systems shall not be permitted.

P.

Outdoor Merchandise Display.

1.

No merchandise, displays, or fixtures shall be located closer than 20 feet to any public right-of-way line; provided, in the C-2 District such displays may be placed no closer than five feet to the edge of the street curb.

2.

No fixtures or merchandise shall be located in a manner that impedes the movement of pedestrians along the sidewalk or obstructs the visibility of vehicles on the street.

3.

All merchandise, displays, and fixtures shall be removed and stored indoors during nonbusiness hours.

4.

No lighting, motors, or electrical apparatus shall be employed in any outdoor display.

5.

The area devoted to outdoor display shall be maintained in a safe, clean, and sanitary manner.

Q.

Outdoor Patio Seating with Permitted Use.

1.

The area devoted to outdoor service must be ancillary to the main use of an indoor restaurant, bakery, delicatessen, specialty food store, micro-brewery, or similar establishment.

2.

Where outdoor seating is located along a public sidewalk or pathway an unobstructed passageway at least five feet wide shall be maintained along the length of such sidewalk or pathway.

3.

Where outdoor seating is located on a rooftop patio or deck, the outer edge of such seating area, including any canopy or similar covering, shall be no closer than 10 feet to the edge of the building.

4.

The outdoor service area shall not impede the movement of pedestrians or obstruct vehicular traffic visibility.

5.

The type, style, and durability of furniture to be used shall be shown in conjunction with the required site plan submittal.

6.

Furniture utilized for outdoor dining shall be removed and stored indoors or secured outdoors during nonbusiness hours.

7.

The sale of alcoholic beverages is subject to the rules and regulations of the State of Michigan Liquor Control Commission.

8.

The area devoted to such outdoor dining area shall be maintained in a safe, clean, and sanitary manner.

R.

Outdoor Storage, Display, and Sale of Farm Implements and Commercial Construction Equipment.

1.

The area used for display or storage shall be paved; provided, the Planning Commission may permit the use of pervious pavers or similar materials, not including gravel, that provide a hard surface, are easily maintained, will withstand the intended use, and will reduce stormwater runoff.

2.

Access driveways shall be located no less than 100 feet from the right-of-way line of any street intersection or 75 feet from the nearest edge of any other driveway.

3.

Lighting for parking areas or outdoor storage areas shall conform to the requirements of Chapter 13.

4.

Parking, display, and storage areas shall be set back at least 10 feet from any side and rear lot line and 20 feet from any public right-of-way line. The setback areas shall be maintained with grass or suitable ground cover, unless otherwise required by Chapter 12.

5.

Display and storage areas shall not occupy any required parking areas or maneuvering aisles.

S.

Outdoor Storage Yards.

1.

Outdoor storage in the C-4 District shall be located in the rear yard only and shall be fenced with a six foot high chain link fence or screen wall.

2.

Outdoor storage in the I-1 District may be located in the rear or side yard.

3.

All outdoor storage yards shall be paved with asphalt or concrete, unless another surface such as gravel or pervious pavers is approved by the Planning Commission.

4.

Screening of outdoor storage yards shall be provided along all property lines in accordance with the requirements of Section 12.7.

5.

Outdoor storage yards shall only be permitted in conjunction with a principal use of the property.

6.

No flammable or explosive liquids, solids, or gases shall be stored in bulk above ground.

T.

Outdoor Vending Machines.

1.

No vending machine, dispensing a product or merchandise, shall be located outside of a building unless all standards of this subsection are met.

2.

No vending machine shall exceed a height of five feet measured from the ground surface to the top of the machine, nor a width of 30 inches, nor a depth of 24 inches.

3.

Vending machines shall not be electrically powered or internally illuminated.

4.

No signs shall be permitted except one sign, not exceeding an area of two square feet, identifying the product or merchandise sold in the machine.

5.

No more than four vending machines, not exceeding a combined length of eight feet, shall be permitted outside any building.

6.

All vending machines shall be maintained in a clean, neat, and attractive condition and in good repair at all times.

U.

Places of Public Worship.

1.

The purpose of these requirements is to integrate places of worship into the fabric of the city's neighborhoods, but not at the expense of the residential character of those areas. Therefore, the scale of the building, parking lots, and related uses shall be compatible with abutting homes and in character with the surrounding neighborhood.

2.

The minimum lot area shall be one acre.

3.

The minimum lot width shall be one 150 feet.

4.

At least one property line shall abut and have access to a designated arterial or collector street.

5.

To the extent possible, shared parking arrangements shall be employed with other uses in the vicinity, consistent with Section 10.6, to minimize the number of parking spaces needed and the amount of impervious surface.

V.

Recycling Centers.

1.

A 10 foot fence or wall capable of keeping trash, paper, and other debris from blowing off the premises shall be constructed around any outdoor storage or collection area,

2.

The principal and accessory buildings and structures shall not be located within 300 feet of any residential use or residential district boundary line.

W.

Restaurants with Drive-thru Facilities.

1.

A minimum of 10 stacking spaces for each service ordering station shall be provided to ensure that traffic does not extend off-site and into the public right-of-way.

2.

Stacking spaces shall conform to the requirements of Section 10.3 B.4. and shall not obstruct parking spaces or vehicular circulation within and egress from the property.

3.

In addition to the minimum parking space requirements, at least three additional parking spaces shall be provided in close proximity to the drive-thru window for customers waiting for their orders.

4.

Parking areas shall have a front yard setback of 20 feet and side and rear yard setbacks of 10 feet.

5.

Access driveways shall be located no less than 100 feet from the right-of-way line of any street intersection or 75 feet from the nearest edge of any other driveway.

X.

Solar Energy System (SES)—Accessory Use.

1.

Purpose and Intent. It is the general purpose of this provision to define and streamline the process of installing a solar energy system as an accessory use to a principal use on a single lot while protecting the integrity, property values, safety, and aesthetic quality of the adjacent properties and the city.

2.

Authorization. Solar energy systems may be connected to the electrical grid when a parcel on which the system is installed also receives electrical power supplied by a utility company. If a parcel on which a system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company in accordance with applicable state and federal law.

3.

Specific Standards.

a.

Accessory structure. Solar energy systems shall be considered an accessory structure to an individual principal use on a lot in all zoning districts, in accordance with the provisions of this section but the area of a ground-mounted SES shall not count against the maximum number or square footage of accessory buildings permitted on the property.

b.

Ground-mounted systems. Ground-mounted systems shall not be permitted unless the applicant demonstrates that a roof- or building-mounted system is not feasible due to the orientation of the building, structural conditions of the roof or wall, height of neighboring structures or trees, or similar impediments.

c.

Number of systems per lot. Arrays of multiple-collector roof-mounted, building-mounted, or façade-mounted solar energy systems may be allowed, provided they comply with the required standards of this section.

d.

Lot coverage. The area of a ground-mounted SES shall be included in the maximum lot coverage calculations applicable to the zoning district in which the system is located.

e.

Height. Ground-mounted solar collectors and any mounts shall not exceed a height of 12 feet when oriented at maximum tilt. Building-mounted or façade-mounted solar collectors shall not exceed the height of the building to which they are attached. Roof-mounted solar collectors including any mounts shall be exempt from the zoning district height limits but shall not exceed a height of one foot above pitched roofs and five feet above flat roofs.

f.

Location and setbacks.

i.

Ground-mounted solar energy systems shall not be located within a front yard and all parts of the system shall conform to the minimum required setbacks for accessory structures within the site's zoning district, but not less than three feet.

ii.

Roof-mounted solar energy systems shall be setback from the building edge a distance equal to the height of the system above the roof.

iii.

Building-mounted or façade-mounted solar energy systems shall not be attached to any building façade that faces or is visible from any right-of-way. Such systems may be located on a side or rear building façade; provided, they do not directly face a right-of-way and are architecturally integrated with the building to which they are attached, as determined by the zoning administrator.

iv.

Solar collectors shall be placed so as not to shade any existing solar collector or adjacent property to the north between the hours of 9:30 a.m. and 2:30 p.m. Eastern Standard Time on December 21 of each year any more than would a permitted structure built to the maximum allowable bulk and area standards for the zoning district in which the property is located.

g.

Solar storage batteries. When solar storage batteries are included as part of the solar energy system, they must be placed in a secure container or enclosure meeting the requirements of the city's building and electrical codes when in use and, when no longer used, shall be disposed of in accordance with all applicable city, state and federal laws and regulations.

4.

General Standards.

a.

Screening. Landscape screening of evergreens at least six feet tall or a six foot high sight-obscuring fence shall be provided around the entire SES to mitigate aesthetic impacts upon the neighborhood if a ground-mounted solar energy system is located within or adjacent to any residential district.

b.

Access and safety. All solar energy systems shall be designed and installed to prevent unauthorized access to electrical and mechanical components.

c.

Lighting. Exterior lighting from a direct source upon a solar energy system shall be prohibited. No lights shall be installed on any part of a solar energy system.

d.

Underground wiring. All wiring connected with a ground-mounted solar energy system shall be underground.

e.

Signs. Signs on a solar energy system visible from any right-of-way or adjacent property shall be limited to the manufacturer's or installer's identification on the solar collector, appropriate warning signs, or the owner and/or operator's identification.

f.

Surface. The solar panels shall be made of or coated with a non-reflective material to prevent glare onto neighboring property.

5.

Nonconformities. The erection of a solar energy system in compliance with the requirements of this section shall not be considered an expansion, alteration, or modification of any existing nonconforming structure or lot.

6.

Access Easements.

a.

The enactment of this section does not constitute the granting of an easement by the city for access to solar radiation. The owner and/or operator may consider securing covenants, easements, or similar documentation from adjoining property owners to assure sufficient solar radiation to operate a solar energy system unless adequate accessibility to the solar radiation is provided by the site.

b.

Nothing within this section shall prevent any owner, occupant, or other person in control of property from legally placing or planting any vegetation or trees, or legally constructing any structure that may cast a shadow on a solar energy system, provided such vegetation, trees, or structures comply with the required standards of this ordinance and all other applicable laws, codes, and ordinances.

7.

Removal.

a.

An owner and/or operator shall remove any ground-mounted solar energy system if it has not been used for a period of 180 days or more or has otherwise been abandoned. For purposes of this section, the removal of solar collectors, solar batteries, or other equipment from a solar energy system, or the cessation of electrical power generation, shall be considered as the beginning of a period of nonuse or abandonment. Nonuse or abandonment may also be proven by reports from an interconnected utility.

b.

Once a ground-mounted solar energy system has not been used for a period of 180 days or more or has otherwise been determined to be abandoned, the owner and/or operator shall immediately apply for or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition and removal, restoring the premises to an acceptable condition as reasonably determined by the building official and/or zoning administrator.

c.

If the required removal of a ground-mounted solar energy system has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days' written notice by the city attorney, building official, and/or zoning administrator, the city may pursue legal action to remove or secure the removal of the system at the owner's and/or operator's sole expense.

8.

Applications and Permits.

a.

The owner and/or operator of any solar energy system shall obtain a building permit, along with any other permits required by federal, state, and local agencies, prior to erecting a system. Solar energy systems shall comply with all applicable state and city construction and electrical codes and city building permit requirements, and all other applicable state and federal regulations.

b.

Applications for permits to install a solar energy system shall include a site plan prepared in accordance with Section 14.3 for administrative site plan review, along with the following additional information:

i.

The plans and specifications identifying all parts of the system, including, but not limited to, the manufacturer and model, solar collector or generator, mount height and type, foundation, solar batteries, any accessory equipment, and the manufacturer's electrical plans and specifications.

ii.

Evidence that the applicant has notified the affected utility of the intent to install an interconnected customer-owned solar collector, and that the collector meets the minimum requirements established by the affected utility, the Michigan Public Service Commission, the Federal Energy Regulatory Commission, and all other applicable state and federal standards. Off-grid systems shall be exempt from this requirement.

iii.

Any other evidence or information as required by the zoning administrator and/or building official.

Y.

Solar Energy Systems (SES), Small Principal Use—Ground-Mounted.

1.

Purpose and Intent. It is the general purpose of this provision to define the process of installing a solar energy system as a principal use while protecting the integrity, property values, safety, and aesthetic quality of the adjacent properties and the city. The city therefore finds these regulations are necessary to facilitate adequate provision of sites for ground-mounted solar energy systems that serve multiple residential and/or nonresidential uses and ensure such sites are situated in appropriate locations and relationships to other land uses, structures, and buildings, without significantly increasing the cost or decreasing the efficiency of such systems.

2.

Authorization. Small principal use ground-mounted solar energy systems may be integrated with developments such as residential clusters, commercial centers, or industrial parks to provide electrical power to multiple off-site uses. Excess electrical power generated and not needed for such designated users may be used by the utility company in accordance with applicable state and federal law.

3.

Specific Standards.

a.

Height. Total height shall not exceed 20 feet measured from the ground to the top of the solar panels when oriented at maximum tilt.

b.

Setbacks. Setback distance shall be measured from the property line or road right-of-way to the closest point of the SES components when the solar array is at minimum tilt. Setbacks shall be as follows:

i.

A SES shall meet the required setback distance for principal buildings for the district in which it is located.

ii.

A SES is not subject to side or rear setbacks along common property lines of two or more participating lots or parcels.

c.

Fencing. The SES shall be secured by perimeter fencing to restrict unauthorized access. Fencing shall be eight feet in height and shall otherwise comply with the requirements of Section 7.7.

d.

Screening/Landscaping. The SES shall be designed to meet the screening and/or landscaping requirements for the zoning district of the project site. A type "B" buffer, in accordance with the requirements of Section 12.5, shall be provided along all abutting residential district property lines and all other applicable requirements of Chapter 12 shall be met.

e.

Ground Cover. The SES shall include the installation of perennial ground cover vegetation maintained for the duration of operation until the site is decommissioned.

f.

Lot Coverage. The SES shall not count toward the maximum lot coverage or impervious standards for the district.

g.

Land Clearing. Land disturbance or clearing shall be limited to what is minimally necessary for the installation and operation of the SES and to ensure sufficient all-season access to the solar resource given the topography of the land.

h.

Access Drives. Access drives serving the SES shall be designed to minimize the extent of soil disturbance, water runoff, and soil compaction on the premises. Asphalt or concrete paved surfaces shall not be required; provided, a suitable alternative surface such as gravel or pervious pavers is approved that will provide year-round access and is determined by the zoning administrator to support vehicle weight, withstand typical weather conditions, and not require inordinate maintenance.

i.

Wiring. SES wiring (including communication lines) may be buried underground. Any above-ground wiring within the footprint of the SES shall not exceed the height of the solar array at maximum tilt.

j.

Lighting. Lighting shall be limited to inverter and/or substation locations only. Light fixtures shall meet all applicable requirements of Chapter 13 and be placed to keep light on-site and glare away from adjacent properties, bodies of water, and adjacent roadways. Flashing or intermittent lights are prohibited.

k.

Signage. One ground sign, not exceeding 24 square feet, may be used for signage at the SES site. The sign shall be set back at least 10 feet from the road right-of-way line, not be higher than four feet above finished grade, and shall comply with all other requirements of Chapter 11.

l.

Sound. The sound pressure level of a small principal use ground-mounted SES and all ancillary solar equipment shall not exceed 45 decibels (dBA) at the property line of an adjoining non-participating lot or parcel.

m.

Repowering. In addition to repairing or replacing SES components to maintain the system, the SES may at any time be repowered by reconfiguring, renovating, or replacing the SES to increase the power rating within the existing SES site. A proposal to change the project footprint of an existing SES shall be considered a new application, subject to the ordinance standards at the time of the request.

n.

Decommissioning.

i.

A decommissioning plan shall be submitted as part of the required site plan and shall indicate the anticipated manner in which the project will be decommissioned, including a description of which above-grade and below-grade improvements will be removed, retained (e.g. access drive, fencing), or restored for viable reuse of the property consistent with the zoning district. An SES owner may at any time:

ii.

proceed with the decommissioning plan and remove the system as indicated in the approved site plan, subject to approval by the zoning administrator; or

iii.

amend the decommissioning plan in accordance with the provisions of Section 14.7 and proceed according to the revised plan.

iv.

Decommissioning an SES must commence when the soil is dry to prevent soil compaction and must be completed within 18 months after the date of abandonment.

v.

An SES that has not produced electrical energy for 12 consecutive months, as determined by the zoning administrator, shall be considered abandoned.

Z.

State Licensed Group Child Care Homes.

1.

State licensed residential care facilities caring for more than six persons shall not be located closer than 1,500 feet from:

a.

another licensed group child care home.

b.

an adult foster care small group home or large group home licensed under the Adult Foster Care Facility Licensing Act (1979 PA 218, MCL 400.701 to 400.737).

c.

a facility offering substance use disorder services to seven or more people that is licensed under part 62 of the Public Health Code (1978 PA 368, MCL 333.6230 to 333.6251).

d.

a community correction center, resident home, halfway house, or other similar facility that houses an inmate population under the jurisdiction of the Department of Corrections.

2.

The dwelling exterior and property shall be maintained in a manner that is compatible with the surrounding area and does not change the residential character of the neighborhood.

3.

A fence at least four feet in height shall enclose all outdoor areas accessible to children.

4.

No sign shall be permitted and no evidence of the facility's use shall be visible from any street or adjoining property. Off-street parking meeting the requirements of Chapter 10 shall be provided on the site at a ratio of one space for the operator of the facility and each employee.

AA.

Truck Terminals.

1.

Access driveways shall be located no less than 100 feet from the right-of-way line of any street intersection or 75 feet from the nearest edge of any other driveway.

2.

Trucks and trailers parked overnight shall be set back from the front lot line a minimum of 100 feet.

3.

The principal and accessory buildings and structures shall not be located within 200 feet of any residential use or residential district.

4.

The lot area used for parking or storage shall be paved with asphalt or concrete; provided, the Planning Commission may permit the use of pervious pavers or similar materials, not including gravel, that provide a hard surface, are easily maintained, will withstand the intended use, and will reduce stormwater runoff.

5.

Lighting for parking areas or outdoor storage areas shall conform to the requirements of Chapter 13.

6.

Any vehicle or equipment stored outside of an enclosed building, other than trucks or trailers parked overnight, shall be located within a designated storage area in accordance with the requirements of Section 9.3.R.

7.

No trailer containing a refrigeration unit shall be parked in, stored, or otherwise occupy any yard within 300 feet of a residential district or residential use.

BB.

Two-Family, Single-Family Attached, and Multiple-Family Dwellings in R-2 Residential.

1.

General standards.

a.

Conversion of single-family homes and non-residential buildings to multi-family dwellings shall be encouraged to promote the intent of the R-2 District while preserving the existing character and housing stock to the greatest extent possible. For the purposes of this section, conversions are defined as the repurposing of an existing single-family home or non-residential building to accommodate up to four dwelling units. All other development shall be considered new construction.

b.

New construction shall be limited to no more than six units per building.

c.

All two-family, attached single-family, and multiple-family dwellings in the R-2 District shall conform to the applicable requirements in Table 9-3.

d.

Wherever two or more different building materials are used on a building façade, the heavier material in weight or appearance shall be placed below the lighter material.

e.

In the case of multiple family buildings where the dwelling units are accessed from a common hallway or gathering area, the main entrance to the building shall face a public street and be directly accessible from the sidewalk adjoining the front yard.

f.

Rooftop terraces or patios atop a flat roof structure shall be subject to the following.

i.

No part of the rooftop terrace or patio, including the floor or base level, shall exceed the maximum allowable building height except as provided in Section 7.9 of the zoning ordinance.

ii.

Rooftop terraces or patios shall maintain the following setbacks:

(a)

Minimum 20 feet from the front lot line;

(b)

Minimum 25 feet from the rear lot line; and

(c)

Minimum 10 feet from each side lot line, but in no case less than five feet from the side exterior building walls.

iii.

Lighting for a rooftop terrace or patio shall not exceed a height of three feet from the terrace or patio surface and shall comply with Chapter 13 of the zoning ordinance.

g.

A minimum of 40 square feet of enclosed storage space, excluding closets, shall be provided for each dwelling unit. The required enclosed storage space may be located within a basement, garage, or other structure approved by the zoning administrator.

2.

Standards for conversions.

a.

No more than four dwelling units shall be permitted in a building conversion.

b.

Conversions may increase the existing floor area up to an additional 25 percent; provided, no more than 25 percent of the exterior wall and roof area of the building is removed or demolished.

c.

Existing porches in front of the building shall be retained or replaced with porches of comparable or greater size and character.

d.

Surface parking for conversions shall be located in the rear or side yard only. In no case shall any portion of a detached garage, parking lot, or attached garage be located closer to the front lot line than the front wall of the main building.

3.

Standards for new construction.

a.

For new structures, windows shall be incorporated into all façades, covering at least 25 percent of the front wall and 10 percent of all other walls. For the purposes of calculating the required area, wall areas not along habitable floors or stories need not be considered. Walls less than five feet in width shall be exempt from this requirement.

b.

To promote compatibility with the existing character of the R-2 District, all new two-family, single-family attached, and multiple-family structures shall incorporate a minimum of four of the following architectural or design elements:

i.

Porches, patios, or balconies for each dwelling unit. Porches shall be a minimum six feet deep and 10 feet wide;

ii.

Gable, hip, or gambrel roof;

iii.

Horizontal siding;

iv.

Decorative columns and dormers;

v.

Windows featuring shutters, muntins, grills, or transoms;

vi.

Windows covering at least 25 percent of each exterior wall, not including walls less than five feet in width;

vii.

Bay, bow, or similarly articulated windows;

viii.

Decorative pediments over front and side entries; or

ix.

Foundation plantings along the front façade, minimum four foot depth.

c.

No uninterrupted building façade that faces a public street shall exceed 30 feet in length. Building wall offsets of at least one foot (projection or recess), cornices, pilasters, columns, or similar elements shall be acceptable means to divide the building mass.

d.

Surface parking or detached garages shall not be located in the front or side yards. In addition, such parking areas or structures shall be screened from public view from adjoining streets and adjacent properties to the extent practical. Where attached garages are provided, garage doors and entries shall be located behind the frontmost façade of the main building and shall be oriented toward the side or rear of the lot only.

e.

For single-family attached and multiple-family developments, access to parking areas shall be provided by a driveway no wider than 20 feet. Such driveway shall have a minimum five foot setback from the side lot line.

CC.

Utility and Public Service Buildings without Storage Yards and Not Including Essential Public Services.

1.

Any such buildings shall be generally compatible, with respect to materials and color, with the surrounding neighborhood.

2.

Any such building shall comply with the yard setback requirements of the district in which it is located.

3.

Minimum lot area requirements for the district on which the use is located shall be met.

DD.

Vehicle Repair, Major.

1.

The facility shall meet all licensing requirements of the State of Michigan and the city.

2.

All buildings, structures, and equipment shall meet the minimum setback requirements of the zoning district, but not less than 40 feet from any right-of-way line, and not less than 20 feet from any side or rear lot line; provided, a setback of at least 75 feet shall be required from any property line abutting a residential use or residential district.

3.

A type "A" buffer, as specified in Section 12.5, shall be required along any property line abutting a residential district.

4.

Access driveways shall be located no less than 100 feet from the right-of-way line of any street intersection or 75 feet from the nearest edge of any other driveway.

5.

All lubrication equipment, hydraulic hoists, and pits shall be enclosed entirely within a building and all repair, servicing, or other related activities shall take place within the building.

6.

Outdoor parking and storage areas for disabled, wrecked, or partially dismantled vehicles awaiting repair and for trash, used tires, auto parts, and similar items shall be located within an approved storage area in accordance with the requirements of Section 9.3 R.

7.

Trucks, trailers, and any other equipment for rent shall not be located within required setbacks or required parking areas.

8.

Where applicable, vehicle queuing space shall be provided in front of each service bay for at least two vehicles.

9.

Hours of operation shall not have an adverse effect on adjoining areas and shall be subject to Planning Commission review.

10.

The applicant shall submit a pollution incidence protection plan (PIPP) as part of the special use application. The PIPP shall describe measures to prevent groundwater contamination caused by accidental gasoline spills or leakage, such as: special check valves, drain catch basins, and automatic shut off valves, as approved by the fire department and city engineer.

EE.

Vehicle Repair, Minor.

1.

There shall be a minimum lot frontage of 75 feet on a designated arterial or collector street and all access to the property shall be from that street.

2.

All buildings and structures shall be located at least 75 feet from any side or rear lot line abutting a residential use or residential district.

3.

Access driveways shall be located no less than 100 feet from the right-of-way line of any street intersection or 75 feet from the nearest edge of any other driveway.

4.

Equipment, including hydraulic hoists, pits, and lubrication, greasing, and other vehicle repairing equipment shall be located entirely within an enclosed building. Outdoor storage or display of merchandise, such as tires, lubricants and other accessory equipment is not permitted.

5.

Storage or overnight parking of any vehicle, except a tow truck, shall be permitted only in accordance with Section 9.3 R.

6.

All activities shall occur inside a fully enclosed building. No vehicle may be stored on the property for more than 30 days.

7.

Storage above ground of gasoline, liquefied petroleum gas, oil, or other flammable liquids or gas shall not be permitted.

8.

If the use includes installation of oil or other automotive fluids except for fuel, the applicant shall submit a Pollution Incidence Protection Plan (PIPP) as part of the special use application. The PIPP shall describe measures to prevent groundwater contamination caused by accidental spills or leakage of gasoline or other hazardous materials, such as special check valves, drain back catch basins, and automatic shut off valves, as approved by the fire department and city engineer.

9.

If the use includes fuel sales, the requirements for a vehicle service station shall also be met.

FF.

Vehicle Service Station.

1.

The site shall abut and have direct access to a designated arterial or collector street.

2.

Minimum lot area shall be one acre and minimum lot width shall be 250 feet.

3.

Pump islands shall be a minimum of 20 feet from any public right-of-way or lot line.

4.

All equipment and activities associated with vehicle service operations, except those incidental uses, such as air hoses, shall be kept within an enclosed building.

5.

Storage of vehicle components and parts, trash, supplies, or equipment outside of a building is prohibited.

6.

If other uses such as convenience store or restaurant occupy a part of the site, parking for such uses shall be computed and provided separately for that use.

7.

Canopy roofs shall be permitted to encroach into any required yard, provided that a minimum setback of five feet is maintained between the edge of the canopy and any property line, and further provided that the soffit of such canopy is a minimum of 10 feet above the pavement surface. The fascia of the canopy may be internally illuminated.

8.

Access driveways shall be located no less than 100 feet from the right-of-way line of any intersecting street or 75 feet from the nearest edge of any other driveway.

GG.

Vehicle Wash Facility.

1.

Vehicle stacking space equal to five times the wash capacity shall be provided. Wash capacity shall be determined by dividing the length of the mechanical wash/dry machinery by 25 feet. No less than 15 stacking spaces shall be provided. For self-service establishments, each stall shall have at least two stacking spaces at the entrance and one space at the exit.

2.

Vacuuming activities, if outdoors, shall be at least 300 feet from any residential use or residential district. Wash bays for self-service establishments shall be located at least 150 feet from any residential use orresidential district.

3.

Where adjoining residentially zoned or used property, a solid wall or fence, six feet in height shall be erected along any common lot line and incorporated into the buffer required by Section 12.5. The fence or wall shall be constructed in accordance with the requirements of Section 7.7, and continuously maintained in good condition. If located adjacent to any residential use or residential district, the wash facility shall not operate before 7:00 a.m. and no later than 9:00 p.m.

4.

Only one access driveway shall be permitted on any single street. Access driveways shall be located no less than 100 feet from the right-of-way line of any intersecting street and 75 feet from the nearest edge of any other driveway.

5.

If self-service wash bays are to be located with openings facing an adjacent street, they shall be screened as required by Section 12.7, and continuously maintained in good condition.

HH.

Wireless Communication Towers.

1.

Wireless communication towers may be considered either a principal or accessory use in the I-1 Industrial District subject to the requirements of this section.

2.

No such tower shall be permitted within an area bounded by the Rockford city limits on the South and West, East Main Street (extended) on the North, and Wolverine Blvd. on the East. However, a commercial wireless communication antenna may be permitted within any zoning district, including the excluded area described in this subsection, if mounted on an existing commercial wireless communication tower or publicly owned tower or elevated storage tank.

3.

An existing use of a structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

4.

A privately owned, non-commercial tower may be erected as an accessory use in any district, provided such tower does not exceed 70 feet in height, and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas.

5.

The lot size shall be a minimum of 20,000 square feet.

6.

The tower shall be a monopole design.

7.

The tower shall be set back from all lot lines a minimum distance equal to one-half the height of the tower. All other buildings and structures shall meet the minimum setback requirements of the zoning district.

8.

A security fence at least six feet in height and meeting the requirements of Section 7.7 shall be constructed around the tower.

9.

Where possible, joint use of tower facilities, including city elevated storage tanks, shall be required in order to minimize the number of separate towers and individual locations throughout the city. As a condition of approval, the applicant shall agree to permit future users to share the tower facility, shall demonstrate that it is not feasible to locate the proposed tower on public lands, or co-locating on an existing tower is not viable.

10.

Unless located on the same site or tower with another user, no new tower shall be erected within a one-half mile radius of an existing radio, television, cellular, or wireless communications tower.

11.

No signs, except warning or other cautionary signs, shall be permitted on the site.