The intent of this Article is to provide for specific regulations which apply to special land uses. The regulation set forth in the article are in addition to the standards and procedures set forth in article 9.

(1)

Intent. The intent of the open space preservation provision is to permit the development of single-family dwellings in an attached or detached residential pattern which, through design innovation, will:

A.

Allow greater flexibility;

B.

Encourage a more creative approach to the development of single-family residential areas;

C.

Encourage a more efficient, aesthetic, and desirable use of the land;

D.

Provide a more desirable living environment through the preservation and conservation of natural features such as topography, wetlands, woodlands, bodies of water, and other natural assets;

E.

Encourage the provision of open space so that benefits may accrue directly to the residents of the development;

F.

Provide for optimum setbacks from major thoroughfares and/or freeways;

G.

Provide for the sound physical development and handling of site situations where a conventional subdivision approach would be unnecessarily restrictive.

H.

The open space preservation provisions of this section shall not be applied if the subject development is dependant upon the extension of a public sewer or public water supply system, unless development of the land without the exercise of the option provided by this article would also depend upon such an extension.

(2)

Special approval and site plan review required. Open space preservation developments may be permitted in the R-1, R-1A, R-1B, R-1C and R-2 districts under such conditions as the planning commission, after hearings, finds the proposed use not being injurious to the district and surrounding area and not contrary to the spirit and purpose of this ordinance, subject further to the reviews by the city council and approval thereof.

(3)

Qualification of parcels. In order for the cluster housing option designation to be applied for a parcel of land zoned for either R-1, R-1A, R-1B, R-1C and R-2 the parcel must meet one or more of the following characteristics:

A.

The parcel contains natural assets which would be preserved through the use of open space preservation developments. Such assets may include natural stands of large trees, land which serves as a natural habitat for wildlife, wetlands, bodies of water (i.e., streams, rivers, and lakes), unusual topographic features, or other natural assets which should be preserved. Requests for qualification under these conditions must be supported by documented evidence.

B.

The parcel contains major topographic conditions which make development under the normal subdivision approach impractical. In considering qualification under this subsection, the city shall determine that one or more of the following conditions exist, where applicable:

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 as the predominant feature of the site rather than the exceptional or infrequent feature of the site.

2.

Mass grading of the site would be necessary if developed without the cluster housing option.

3.

The use of one-family clusters will allow for a greater preservation of a desirable natural setting.

C.

The parcel contains substantial portions of floodplain and wetlands. A floodplain and wetlands map, certified by the appropriate federal, state, or county agency, indicating the extent of the wetlands and floodplain area, shall be submitted to the city in order to support the proposal for the parcel's qualification for open space preservation developments.

D.

The parcel is either too small or unusually shaped to be reasonably platted as a conventional subdivision or site condominium development.

(4)

Site design requirements. All open space preservation developments submitted shall conform to the following site design requirements:

A.

A minimum of 20 percent of the total site area shall be designated and preserved as common open space. The computation of designated open space shall not include: rights-of-way or easements designated for road purposes, or any area within 30 feet of a dwelling unit. No more than 50 percent of wetlands regulated by the DNR, may be included in the open space calculations. Land which is under water (lakes, streams, watercourses, and other similar bodies of water), or an area to be improved into a lake or pond may not be included in the calculation of the designated open space.

Area devoted to open space may be devoted to active or passive recreation or remain in its natural state. However, it is not the intent of these provisions to allow only land which is otherwise unusual or unbuildable to be devoted to common open space. Area set aside as open space shall remain perpetually in an undeveloped state by means of a conservation easement, plat dedication, restrictive covenant, or other legal means that runs with the land acceptable to the city pursuant to section 7.15 of this ordinance.

B.

The number of dwelling units permitted shall not exceed the number of dwelling units in the zoning district in which the proposed development is located. In order to calculate density, the applicant shall submit a concept site plan of the property which illustrates achievable development as a subdivision or site condominium without application of the open space preservation option and with all applicable ordinances and laws observed.

In general the plan shall be drawn with sufficient detail to permit the planning commission to determine the density which would be achieved by conventional development. Specifically, the plan shall contain the following information:

1.

Evidence of ownership; location and description of site; dimensions and areas.

2.

Topography soils information to the detail found in the soil survey for the county and the location of woodlands, wetlands, floodplains and surface waters.

3.

Scale, north arrow, date of plan.

4.

Existing zoning of site; existing land use and zoning of, adjacent parcels; location of existing buildings, drives and streets on the site and within 100 feet of the site.

5.

Lot and street layout.

6.

Location, size, and uses of open space.

7.

General description of proposed water, sewage disposal, and storm drainage systems.

C.

In the case of single-family detached units, the following yard requirements shall be applied:

Minimum Setbacks per Unit

D.

In the R-1 district, dwelling units shall not be attached. In the R-1A, R-1B and R-1C districts, up to 75 percent of the total number of dwelling units may be attached, provided that individual buildings shall not include more than four attached dwelling units. In the R-2 district, up to 100 percent of the total number of dwelling units may be attached provided that individual buildings shall not include more than four attached dwelling units. In the case of single-family attached units, the following yard requirements shall be applied:

Minimum Setbacks

Minimum Distance Between Buildings Based on Building Orientation

E.

No building shall be located closer than 50 feet from the ordinary high-water mark of a body of water.

F.

All open space and common areas shall have a demonstrated means of maintenance.

G.

It is the intent of the city that open space developments shall not appear to be more intense than conventional development as viewed from off-site. In addition to any required minimum setback specified in sections 6.02(4)C and D, a greenbelt having the minimum width of 50 feet shall be required along any adjacent public road, measured from the right-of-way line. The city at its discretion, may permit either reductions or variations in width of the greenbelt taking into consideration topographic and/or other natural resource conditions, density of existing vegetation to be preserved, and size and shape of the development site.

H.

In order to provide an orderly transition of density when a open space preservation development abuts a single-family residential district of equal or lower density, the city, at its discretion, shall require designation of open space along the common boundaries; screening in accordance with the requirements of section 7.02; and/or an area or row of lots of commensurate size as neighboring residential lots.

I.

In the R-1 district, the minimum lot size in an open space preservation development shall be no less than 16,000 s.f. in area.

(1)

Child care center.

A.

Child care centers may be permitted in all zoning districts, except single-family residential and industrial districts, subject to the following minimum standards:

1.

Operator must be licensed by the state department of consumer and industry services.

2.

A compliance permit must be obtained from the clerk's office before operation commences and compliance must be continuous, and the compliance permit must be renewed annually.

3.

Site plan approval by the planning commission must be obtained.

4.

Outdoor play areas shall be fenced, and such play areas shall be made and kept safe by the caregivers.

5.

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

6.

A child care center shall comply with all fire and traffic standards set by the state department of consumer and industry services and the city as determine by the chief of police and fire chief. Child care facilities will be inspected annually by the fire department to meet city requirements.

7.

Caregivers shall maintain control of noise to protect the surrounding neighborhood.

8.

All child care centers shall be registered with the 911 dispatch center on forms provided by said center.

9.

No person other than the licensee or his/her immediate family may reside on the licensed property. No one need reside on the premises.

10.

License holder and all employees shall be subject to, and provide, a background check by a method recommended and approved by the Saline Chief of Police before commencement of employment.

This will be done at the time of hire of a new employee and annually the facility will provide a list of all employees.

B.

The fees to be charged in connection with applications for child care center permits and renewals thereof shall be established by resolution of the city council.

C.

The said child care center compliance permit shall be issued for a period of one year. Written renewal request must be made 30 days prior to expiration. After the first year, a follow-up 300-foot notice will be sent if there has been a substantiated written complaint. No subsequent annual notices will be sent, unless deemed necessary by the building official. After request, and there no substantiated complaints on file, the clerk's office can renew the permit at that time. Permits are valid from January 1 to December 31, of each year.

D.

No compliance permit for a child care center shall be issued or renewed if the applicant has failed to file an annual personal property statement with the city assessor covering the property used in connection with said child care center, as required by law, or has failed to pay the personal property tax assessed on said personal property.

E.

The city permit to operate may be revoked at any time that conditions at the child care center become such that allowing continued operation could prove to be detrimental to the health, safety or welfare of the children. Appeals to this section will be before the zoning board of appeals as provided for in the code.

(2)

Group day care home.

A.

Group day care homes may be permitted in single-family residential districts subject to the following minimum standards:

1.

A compliance permit must be obtained from the clerk's office before operation commences and compliance must be continuous, and the compliance permit must be renewed annually.

2.

A group day care home shall not be located closer than 500 feet to any of the following:

(a)

Another licensed group day care home.

(b)

An adult foster care small group home or large group home licensed under the Adult Foster Care Facility Licensing Act, Act No. 218 of the Public Acts of 1979, being sections 400.701 to 400.737 of the Michigan Compiled Laws.

3.

Outdoor play areas shall be in rear yards only and such rear yards shall be made and kept safe by the care-givers.

4.

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

5.

Signage shall not be allowed.

6.

A group day care home shall comply with all the fire and traffic safety standards set by the Michigan Department of Consumer Industry Services and the City of Saline as determined by the Saline Chief of Police and Fire Chief. Parking shall be in accordance with section 13.04.2.H in addition to residential parking requirement of two spaces. Group day care homes will be inspected annually by the fire department to meet city requirements.

7.

Caregivers shall maintain control of noise to protect the surrounding neighborhood.

8.

All group care homes shall be registered with the 911 dispatch center on forms provided by said center.

9.

License holder shall be the owner of the premises and shall reside thereon.

10.

License holder and employees shall be subject to, and provide, a background check by a method recommended and approved by the Saline Chief of Police before commencement of employment.

B.

The fees to be charged in connection with applications for group day care home permits and renewals thereof shall be established by resolution of the city council.

C.

No compliance permit for a group day care home shall be issued or renewed if the applicant has failed to file an annual personal property statement with the city assessor covering the property used in connection with said group day care home, as required by law, or has failed to pay the personal property tax assessed on said personal property.

D.

The group day care compliance permit shall be issued for a period of one year. Written renewal request must be made 30 days prior to expiration. After the first year, a follow-up 300-foot notice will be sent if there has been a substantiated written complain. No subsequent annual notices will be sent, unless deemed necessary by the building official. After request, and there are no substantiated complaints on file, the clerk's office can renew the permit at that time. Permits are valid from January 1, to December 31, of each year.

(Ord. No. 725, § 1, 12-21-09)

(1)

Intent. It is the intent of this section to establish standards for adult foster care facilities which will insure compatibility with adjacent land uses and maintain the character of the neighborhood.

(2)

Application of regulations.

A.

A state licensed adult foster care small family serving six persons or less shall be considered a residential use of property and a permitted use in all residential districts.

B.

The city may, by issuance of a special land use permit, authorize the establishment of adult foster care group homes serving more than six persons in the following zoning districts: R-1A, R-1B, R-1C, R-2, R-3A, R-3, and RMH. Such facilities shall be prohibited in all other districts.

C.

The city may, by issuance of a special use permit, authorize the establishment of an adult foster care congregate facility in the following zoning districts: R-3 and R-3A. Such facilities shall be prohibited in all other districts.

(3)

Standards for adult foster care group homes. Such homes shall be considered as special land use subject to the requirements and standards of article 9 and the following additional standards:

A.

A site plan, prepared in accordance with article 8 shall be required to be submitted.

B.

The subject parcel shall meet the minimum width and set back area, requirements for the zoning district in which it is located, provided there is a minimum site area of 1,500 s.f. per adult, excluding employees and/or care givers.

C.

The property is maintained in a manner that is consistent with the character of the neighborhood.

D.

One off-street parking space per employee and/or caregiver shall be provided.

E.

In its sole discretion, the city may determine that landscape screening in accordance with section 7.02(4) is required.

F.

Appropriate licenses with the state shall be maintained.

G.

Be so constructed, arranged, and maintained as to provide adequately for the health and safety and welfare of all occupants.

H.

The atmosphere and routine shall be that a resident may spend the majority of his nonsleeping hours outside his bedroom.

I.

A toilet, lavatory and bathing or showering facility shall be provided for each six persons. At least one toilet and lavatory shall be provided on each floor having resident bedrooms.

J.

Provide distinct living and sleeping areas. All areas shall be well lighted, heated and ventilated.

K.

Provide a living or day room area which affords privacy for use by a resident and his visitors.

L.

The living and sleeping areas for each resident shall not be in noncontiguous wings, units or buildings.

M.

A living room, dining room or other room not designed nor ordinarily used for sleeping shall not be used for sleeping purposes.

N.

A room shall not be used as a bedroom where more than one-half of the room height is below grade except where the ceiling of such portion of a building is located five feet or more above grade for more than 25 percent of the perimeter measurement of the room.

O.

Bedrooms shall have at least one window with a minimum sash area of eight square feet.

P.

A single-occupancy bedroom shall have at least 80 square feet of usable floor area.

Q.

A multiple-occupancy bedroom shall have at least 70 square feet of usable floor area per person with a maximum of four beds and persons per bedroom.

R.

A group foster care home shall be inspected and approved for fire safety prior to the issuance of an occupancy permit and shall be inspected at least annually.

S.

Signage shall not be allowed.

(4)

Standards for adult foster care congregate facilities. Such facilities shall be considered as a special land use subject to the requirements and standards of article 9 and the following standards:

A.

A site plan, prepared in accordance with article 8 shall be required to be submitted.

B.

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of 1,500 s.f. per adult, excluding employees and/or caregivers.

C.

Parking requirements as required for convalescent homes and similar facilities, set forth in article 13 shall be met.

D.

All landscape requirements set forth in section 7.02(4) shall be met.

E.

Appropriate licenses with the state shall be maintained.

Housing for the elderly shall be permitted after special land use approval upon a finding that the following minimum standards are met:

(1)

General standards.

A.

The proposed use will not produce adverse effects on the use or development of the surrounding area because of noise, traffic, type of physical activity, or any other reason.

B.

Adequate accessibility is provided to transportation, medical services, shopping areas, recreational and other community services frequently desired by elderly persons.

C.

The site is reasonably well protected from excessive noise, air pollution, and other harmful physical influences and provides for a safe and secure environment for residents of the proposed development.

(2)

Building height. No building hereafter erected or altered in R-1A districts shall exceed 35 feet in height or two stories, except as provided in section 4.03(4) of this ordinance.

(3)

Yard requirements.

A.

Front yard: 35 feet.

B.

Rear yard: 35 feet.

C.

Side yard: 35 feet total, 15 feet minimum one side.

D.

If more than one (1) building shall be constructed on the same site, the following minimum distance between buildings shall be:

1.

Seventy feet when front to rear, front to front and/or rear to rear.

2.

Twenty-five feet end to end.

3.

Fifty feet end to front and/or end to rear.

(4)

Minimum floor area per dwelling unit. Each dwelling unit shall comply with the following minimum floor area requirements, excluding basements:

A.

Efficiency unit: 450 s.f.

B.

One bedroom unit: 600 s.f.

C.

Two-bedroom units: 750 s.f.

D.

Each additional bedroom: 150 s.f.

(5)

Maximum density. The maximum permitted density of dwelling units per acre shall be as follows:

A.

Efficiency units and one-bedroom units: 12 units per acre.

B.

Two-bedroom units: Ten units per acre.

C.

Three- and four-bedroom units: Nine units per acre.

(6)

Parking. Parking requirements shall be as follows:

A.

A minimum of one parking space per dwelling unit and one space per employee during the peak shift shall be provided.

B.

Additional parking may be required by the planning commission when ancillary meeting and activity facilities are provided which generates a demand for parking beyond that which is normally required under subparagraph A. contained herein.

(7)

Ancillary facilities. Elderly housing development may also include meeting and activity facilities, central dining facilities, laundry rooms, and other convenience facilities for occupants and their guest.

Self-storage facilities shall be subject to the following requirements and conditions:

(1)

No activity other than rental of storage units and the rental of outside storage space for recreational vehicles shall be allowed. No commercial, wholesale, retail, industrial or other business use on, or operated from, the facility shall be allowed, except that the sale of packaging materials and other related incidental sales may be permitted from the central self-storage facility office.

(2)

The storage of any toxic, explosive, corrosive, flammable or hazardous materials is prohibited. Fuel tanks on any motor vehicle, boat, lawn mower or similar property will be drained or removed prior to storage. Batteries shall be removed from vehicles before storage.

(3)

Other than the storage of recreational vehicles, all storage shall be contained within a building. All recreational vehicle storage shall be screened from the view of neighboring properties and public roads in accordance with section 7.02(4).

(4)

Exterior walls of the ends of all storage units shall be of masonry or face-brick construction.

(5)

All storage units must be accessible by paved circular drives clearly marked to distinguish traffic flow. A minimum 26-foot drive shall be provided between buildings. Site circulation shall be designed to accommodate fire trucks, as well as trucks that will customarily access the site.

(6)

Site lighting shall meet the standards contained in section 7.09 of this ordinance.

(1)

A contractor's office building shall be of permanent construction. Temporary construction trailers shall not be permitted to be occupied as the office of the contractor. Outdoor storage shall be strictly and clearly accessory to the contractor's principal office use of the property. Only products, materials and equipment owned and operated by the principal use shall be permitted for storage.

(2)

Storage shall not be located within the required front yard. Such storage shall not be located in any required parking or loading space.

(3)

Storage shall be screened from the view of public street, and adjacent properties zoned either residential, commercial, or office. Screening measures shall meet the requirements of section 7.02(4).

(4)

The location and size of areas for storage, nature of items to be stored therein, and details of the enclosure, including description of materials, height, and typical elevation of the enclosure shall be provided as part of the information submitted under article 8, site plan review.

(1)

Automobile repair, service stations and washes, shall be subject to the following standards:

A.

Separation shall be made between the pedestrian sidewalk and vehicular parking and maneuvering areas with the use of curbs, wheel stops, greenbelts or traffic islands.

B.

All activities related to vehicle washing, service and repair equipment shall be entirely enclosed within a building with the exception of outdoor drying and vacuuming.

C.

Driveways shall be designed to accommodate the type and volume of vehicular traffic using the site and located in a manner which is compatible with uses located adjacent to and across from the site.

D.

In the case of automobile repair and/or service stations, inoperative or unlicensed vehicles shall not be stored outside for more than seven days. Such storage shall not occur in front of the front face of the building.

E.

The premises shall not be used to sell or exhibit for sale motor vehicles or recreational equipment unless the sale or exhibiting for sale is conducted on occupied property owned by or leased to the registered owner of the motor vehicle or recreational equipment held for sale, and no more than one motor vehicle or piece of recreational equipment is exhibited for sale at a given time.

F.

Canopies covering pump island area shall be architecturally integrated with the principal building in terms of design, appearance, roof lines and building materials. Canopies shall be considered structures for the purpose of determining required setbacks.

(2)

Automobile dealers shall be subject to the following standards:

A.

All outdoor lighting shall be shielded from projecting onto or into an adjoining residential district and shall not interfere with driver visibility on a public right-of-way. All lighting shall conform to section 7.09 of this ordinance.

B.

There shall be no strings of flags, pennants or bare light bulbs permitted.

C.

No vehicles or merchandise for sale shall be displayed within any required front yard setback.

D.

There shall be no broadcast of continuous music or announcements over any loudspeaker or public address system.

(Ord. No. 817, § 1, 1-13-20, eff. 2-3-20)

A sidewalk café service operated by a restaurant or other food establishment which sells food for immediate consumption may be permitted in the D-1 downtown core district, subject to the following conditions:

(1)

An application depicting the location and layout of the cafe facility shall be submitted to the zoning official. Site plan approval shall be required. An approved site plan shall remain in effect, unless there is a change in ownership or the operation of the cafe fails to meet the standards contained herein.

(2)

A sidewalk cafe may be located in front of or adjacent to the establishment. A sidewalk cafe that extends beyond the property lines of the applicant shall require the permission of the affected property owners.

(3)

If a sidewalk cafe is located on a public sidewalk, a minimum of five feet of unobstructed, pedestrian access along the sidewalk shall be maintained.

(4)

A sidewalk cafe shall be allowed only during normal operating hours of the establishment.

(5)

The exterior of the premises shall be kept clean, orderly and maintained or the permit may be revoked. All food preparation shall be inside of the premises.

(6)

The city shall not be held liable or responsible for any type of damage, theft or personal injury which may occur as a result of a sidewalk cafe operation. Applicant shall submit a certificate of insurance to meet requirements of the city attorney.

(7)

All sidewalk cafes shall comply with applicable regulations of the county health department and the state.

(Ord. No. 736-1, § 4, 12-17-12)

(1)

Intent. It is the intent of this section to permit the operation of bed and breakfast facilities as a vehicle for preserving historical resources within the city. Historical preservation is recognized as a public purpose by statute and local ordinance as a means to safeguard local heritage, preserve cultural, social, economic, political and architectural history, to stabilize and improve property values, to foster civic beauty, to strengthen local economies and to promote the education, pleasure and welfare of the citizenry. The purpose of this section is to advance those goals by enhancing the viability of historical preservation.

(2)

Standards. Bed and breakfast operations may be permitted in any zoning district, except industrial zones, when approved by the city council, after approval by the planning commission upon a finding that the following minimum standards are met:

A.

The bed and breakfast site shall be located on a parcel fronting onto collector or arterial road as defined in the thoroughfare plan of the master plan for the city, provided that no such site shall be located within a single-family residential subdivision.

B.

Such operations shall be run by persons who own and occupy the premises for residential purposes.

C.

Not more than eight bedrooms in the bed and breakfast operation shall be used for bed and breakfast sleeping rooms. Use of a garage for bed and breakfast sleeping rooms is prohibited. Accessory buildings may be used for bed and breakfast sleeping rooms if they were originally constructed to accommodate housing use.

D.

If more than two such rooms are for rent, each room shall have access to two separate means of egress. Access shall not be through another bedroom.

E.

Signs identifying the bed and breakfast operation shall comply with the requirements of article 12, signs, except that in a residential district identification signs shall be no larger than three square feet.

F.

Such facilities shall comply with all applicable local, county, state and federal ordinances, laws, rules, regulations and codes.

G.

Guest occupancy shall be no longer than 14 consecutive days.

H.

No more than four occupants per room shall be allowed.

I.

There shall be no cooking facilities for use by the occupants of the bed and breakfast sleeping rooms.

J.

Lavatory and bathing facilities shall be available for all persons utilizing the bed and breakfast.

K.

A fire escape plan shall be developed and graphically displayed in each guest room. A smoke detector in proper working order shall be placed in every sleeping room and a fire extinguisher in proper working order shall be placed on every floor. The site shall be reviewed by the zoning or code inspector as to the necessity for fire lanes.

L.

One off-street parking space shall be provided in the rear or side yard, behind the front building setback line, for each guest room. For parcels abutting an exterior side street, parking shall not be closer to the street than the principal structure.

M.

All bed and breakfast operations shall submit to annual inspections by the building department. Renewal of a business registration shall be contingent upon compliance with applicable codes, as verified by such inspections.

(1)

Intent. It is the general purpose and intent of the city to carry out the will of the United States Congress by authorizing communication facilities needed to operate wireless communication systems. However, it is the further purpose and intent of the city to provide for such authorization in a manner which will retain the integrity of neighborhoods and the character, property values and aesthetic quality of the community at large. In fashioning and administering the provisions of this section, attempt has been made to balance these potentially competing interests.

Recognizing the number of providers authorized to establish and operate wireless communication services and coverage, it is the further purpose and intent of this section to:

A.

Facilitate adequate and efficient provision of sites for wireless communication facilities and ensure that wireless communication facilities are situated in appropriate locations and relationships to other land uses, structures and buildings.

B.

Establish predetermined districts or zones of the number, shape, and the location, considered best for the establishment of wireless communication facilities, subject to applicable standards and conditions.

C.

Recognize that operation of a wireless communication system may require the establishment of facilities in locations not within the predetermined districts or zones.

D.

Minimize the adverse impacts of technological obsolescence of such facilities, including a requirement to remove unused and/or unnecessary facilities in a timely manner.

E.

Minimize the negative visual impact of wireless communication facilities on neighborhoods, community land marks, historic sites and buildings, natural beauty areas and public rights-of-way.

(2)

Authorization. Subject to the standards and conditions set forth in section, wireless communication facilities shall be permitted uses in the following circumstances, and in the following districts:

A.

Circumstances creating permitted use treatment. In all zoning districts, a proposal to establish a new wireless communication facility shall be deemed a permitted use in the following circumstances:

1.

An existing structure which will serve as an attached wireless communication facility within a nonresidential zoning district, where the existing structure is not, in the discretion of the zoning or code inspector, proposed to be either materially altered or materially changed in appearance.

2.

A proposed collocation upon an attached wireless communication facility which had been pre-approved for such collocation as part of an earlier approval by the city.

3.

An existing structure which will serve as an attached wireless communication facility consisting of a utility pole located within a right-of-way, where the existing pole is not proposed to be modified in a manner which, in the discretion of the zoning or code inspector, would materially alter the structure and/or result in an impairment of sight lines or other safety interests.

B.

Permitted use districts. Wireless communication facilities shall be a permitted use in the I-1, I-2, and I-4 industrial districts.

C.

If it is demonstrated by an applicant that a wireless communication facility is required to be established outside of a district identified in subsection B., above, in order to operate, such wireless communication facilities may be permitted elsewhere in the community as a special land use, subject to the requirements and standards of article 9 and the following:

1.

At the time of the submittal, the applicant shall demonstrate that a location within the areas identified in subsections A.1., and 2. above cannot reasonably meet the coverage and/or capacity needs of the applicant.

2.

Locations outside of the districts identified in subsections A.1., and 2. above, shall be permitted on the following sites, subject to application of all other standards contained in this section:

(a)

Municipally owned site.

(b)

Other governmentally owned site.

(c)

Religious or other institutional site.

(d)

Public park and other large permanent open space areas when compatible.

(e)

Public or private school site.

(f)

Other locations if none of the above is available.

D.

All other criteria and standards set forth in section 6.11(3) are met.

(3)

General regulations.

A.

Standards and conditions applicable to all facilities. All applications for wireless communication facilities shall be reviewed, constructed and maintained in accordance with the following standards and conditions. In addition, if the facility is approved, it shall be constructed and maintained with any additional conditions imposed by the city in its discretion:

1.

Facilities shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare.

2.

Facilities shall be located and designed to be harmonious with the surrounding areas.

3.

Facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.

4.

The following additional standards shall be met:

(a)

The maximum height of the new or modified support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant and by other entities to collocate on the structure. Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights.

(b)

The accessory building contemplated to enclose switching equipment shall be limited to the maximum height for accessory structures within the respective district.

(c)

The setback of the support structure from any residential district shall be no less than the height of the structure. The setback of the support structure from any existing or proposed rights-of-way or other publicly traveled roads shall be no less than the height of the structure.

(d)

Where the proposed new or modified support structure abuts a parcel of land zoned for a use other than residential, the minimum setback of the structure, and accessory structures, shall be in accordance with the required setbacks for principal buildings as provided in the schedule of regulations for the zoning district in which the support structure is located.

(e)

There shall be an unobstructed paved access drive to the support structure, for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. This access drive shall be a minimum of 14 feet in width.

(f)

The division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements and conditions are met.

(g)

Where an attached wireless communication facility is proposed on the roof of a building, any equipment enclosure shall be designed, constructed and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building. If proposed as an accessory building, it shall conform to all district requirements for principal buildings, including yard setbacks.

(h)

The city shall, review and approve the color of the support structure and all accessory buildings, so as to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition.

(i)

The support system shall be constructed in accordance with all applicable building codes and shall include the submission of a soils report from a geotechnical engineer, licensed in the state. This soils report shall include soil borings and statements indicating the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communication Commission, and Michigan Aeronautics Commission shall be noted.

(j)

A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure the long term, continuous maintenance to a reasonably prudent standard.

B.

Standards and conditions applicable to special land use facilities. Applications for wireless communication facilities which may be approved as conditional land uses shall be reviewed, and if approved, constructed and maintained, in accordance with the standards and conditions in this subsection, general regulations, above, and in accordance with the following standards:

1.

The applicant shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of one or more of the following factors:

(a)

Proximity to a major thoroughfare.

(b)

Areas of population concentration.

(c)

Concentration of commercial, industrial, and/or other business centers.

(d)

Areas where signal interference has occurred due to tall buildings, masses of trees, or other obstructions.

(e)

Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate.

(f)

Other specifically identified reason creating facility need.

2.

The proposal shall be reviewed in conformity with the collocation requirements of this section.

(4)

Application requirements.

A.

A site plan prepared in accordance with article 8, site plan review.

B.

The site plan shall also include a detailed landscaping plan illustrating screening and aesthetic enhancement for the structure base, accessory buildings and enclosure. In all cases, there shall be shown on the plan fencing which is required for protection of the support structure and security from children and other persons who may otherwise access facilities.

C.

The application shall include a signed certification by a state licensed professional engineer with regard to the manner in which the proposed structure will fall, which certification will be utilized, along with other criteria such as applicable regulations for the district in question, in determining the appropriate setback to be required for the structure and other facilities.

D.

The application shall include a description of security to be posted at the time of receiving a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed, as provided in subsection 6, removal, below. In this regard, the security shall, at the election of the applicant, be in the form of: (1) cash; (2) surety bond; (3) letter of credit; or, (4) an agreement in a form approved by the city attorney and recordable at the office of the register of deeds, establishing a promise of the applicant and owner of the property to timely remove the facility as required under this section of the ordinance, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorneys fees incurred by the city in securing removal.

E.

The application shall include a map showing existing and known proposed wireless communication facilities within the city, and further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the city in the location, and in the area, which are relevant in terms of potential collocation or in demonstrating the need for the proposed facility. If and to the extent the information in question is on file with the community, the applicant shall be required only to update as needed. Any proprietary information may be submitted with a request for confidentiality in connection with the development of governmental policy, in accordance with MCL 15.243(1)G. This ordinance shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the city.

F.

The name, address and phone number of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated during all times the facility is on the premises.

(5)

Collocation. It is the policy of the city to minimize the overall number of newly established locations for wireless communication facilities and encourage the use of existing structures.

A.

Collocation shall be deemed to be "feasible" for purposes of this section where all of the following are met:

1.

The wireless communication provider entity under consideration for collocation will undertake to pay market rent or other market compensation for collocation.

2.

The site on which collocation is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support.

3.

The collocation being considered is technologically reasonable, e.g., the collocation will not result in unreasonable interference, given appropriate physical and other adjustment in relation to the structure, antennas, and the like.

4.

The height of the structure necessary for collocation will not be increased beyond a point deemed to be permissible by the city, taking into consideration the standards set forth in this section.

B.

Requirements for collocation:

1.

Approval for the construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that a feasible collocation is not available for the coverage area and capacity needs.

2.

All new and modified wireless communication facilities shall be designed and constructed so as to accommodate collocation.

3.

If a party who owns or otherwise controls a facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible collocation, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded or extended in any respect.

(6)

Removal.

A.

The city reserves the right to request evidence of ongoing operation at any time after the construction of an approved tower.

B.

A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of one or more of the following events:

1.

When the facility has not been used for 180 days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse.

2.

Six months after new technology is available at reasonable cost as determined by the municipal legislative body, which permits the operation of the communication system without the requirement of the support structure.

C.

The situations in which removal of a facility is required, as set forth in subsection 1 above, may be applied and limited to portions of a facility.

D.

Upon the occurrence of one or more of the events requiring removal, specified in subsection B above, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the zoning or code inspector.

E.

If the required removal of a facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days written notice, the city may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected from the security posted at the time application was made for establishing the facility.

(7)

Applicability to small cell wireless facilities. Notwithstanding anything to the contrary, the regulation of small cell wireless facilities and related matters as defined by the small wireless communication facilities deployment act, Act No. 365 of the Public Acts of 2018 shall be governed by section 5.19 of this zoning ordinance.

(Ord. No. 809, § 2, 3-18-19)

(1)

Massage Establishments Defined. For purposes of this section, "massage establishment " the term "massage establishment" shall mean a business establishment in which practice of massage therapy, as defined in the Michigan Public Health Code, 368 PA 1978, as amended, is one of the primary services provided. The following establishments shall not be considered massage establishments:

A.

Hospitals, doctors' offices, nursing homes, and other facilities in which massages are performed incidental to the provision of healthcare services.

B.

Establishments in which barbers or beauticians perform massages incidental to the provision of hairstyling or other similar services.

(2)

Standards. Massage establishments may be permitted by the city council as special uses in the I-1, I-2, PB, OS, C-1, C-2, or C-3 zoning districts, after approval by the planning commission upon a finding that the following minimum standards are met:

A.

At least one plumbed sink within the massage establishment. Additionally, each individual area in which massage is practiced shall be equipped with a hand-sanitizing facility equipped with:

i.

Running water and soap;

ii.

Antibacterial hand wipes;

iii.

Waterless hand sanitizers; or

iv.

Other commercially acceptable means of hand-washing.

B.

Lavatories and shower stalls (if provided) shall be located as to ensure privacy between the massage establishment and any other business or use.

C.

All the general special use criteria in section 9.05 of the Zoning Ordinance are satisfied.

(3)

City license required. The operation of a massage establishment requires a license issued pursuant to chapter 22, article IV of the city code.

(Ord.

No. 796, § 1, 2-5-18)

Editor's note— Ord. No. 796, § 1, adopted Feb. 5, 2018, repealed the former § 6.12 and enacted a new § 6.12 as set out herein. The former § 6.12 pertained to myotherapy establishment and derived from Ord. No. 682, §§ 1, 2, adopted Feb. 14, 2005.

(1)

No adult entertainment business shall be permitted within a 400-foot radius of any residential zone. Measurement of the 400-foot radius shall be made from the outer most boundary of the lot or parcel upon which the proposed adult use will be situated to the outer most residential district boundary.

(2)

No adult entertainment business shall be permitted within a 500-foot radius of a school, library, park, playground, or church. Measurement of the 500-foot radius shall be made from the outer most boundary of the lot or parcel upon which the proposed adult use will be situated to the school, library, park, playground, or church.

(3)

The site plan shall include a diagram that shows all land use zoning districts and any school, library, park, playground, or church located within 500 feet of the proposed adult use. The diagram shall be drawn to a scale of not greater than one inch equals 20 feet.

(4)

No adult entertainment business shall be located within 750 feet of any other adult entertainment business.

(5)

Off-street parking shall be provided in accordance with article 13.

(6)

Any individual viewing booths, entertainment rooms, or similar cubicles designed or used for one or two persons to view specified anatomical areas, to view specified sexual activities, or to receive adult personal services, shall not be completely enclosed from the common areas or hallways of the adult entertainment business.

(7)

No employee or patron under 18 years of age shall be allowed on the premises of an adult entertainment business; violation of this section shall result in the suspension or revocation of permits and licenses.

(8)

If employees or patrons of an adult entertainment business promote, offer, solicit, or engage in acts of prostitution on the premises, the special use permit may be suspended or revoked. No criminal charge need be brought for suspension or revocation of the special use permit to occur. The acts described in the subsection may be shown to have occurred by a preponderance of the evidence.

(9)

No person shall operate an adult entertainment business without obtaining a valid zoning compliance permit. Such permits and licenses shall be issued and maintained by the zoning official upon written approval from the planning commission and city council after special land use approval. The zoning official or designee shall also perform required inspections and annual inspections. The fees for the permit/license shall be determined by the city council.

Kennels and catteries, noncommercial (hobby) of domesticated dogs and house cats shall be considered as a special land use only in R-1A, R-1B, and R-1C, one-family residential districts, subject to the following requirements:

(1)

Privacy fencing bordering the rear and both side yards, erected to a minimum height of six feet at any residence where the animals are permitted out-of-doors;

(2)

Fencing of suitable nature to be protective and restraining along all perimeters of any area wherein the animals are exercised;

(3)

An auxiliary building as provided for in said zoning area, for the express purpose of housing such animals and assuring compliance with all other city ordinances relating to animals: sections 14-35, noise; 14-5, smell; 14-34, running at large; for all animals which cannot be housed solely in the dwelling proper;

(4)

There shall be compliance chapter 14, Animals of the city Code.

(1)

Intent. It is the intent of this section to permit the operation of home businesses as an opportunity for individuals to utilize their owner-occupied residential property for their offices and operations related to uses that would not be considered as a home-based business, Tier 1, pursuant to section 5.08 of the zoning code.

(2)

Standards. Home based businesses, Tier 2 may be approved by the city council, after recommendations by the planning commission upon a finding that the following minimum standards are met:

A.

A home-based business, Tier 2, must meet all of the applicable provisions of section 5.08, Home-based business, Tier 1, together with the following additions:

1.

A home-based business, Tier 2, use may include up to 1,000 square feet of space in a garage or accessory structure when recommended for approval by the planning commission.

2.

A home-based business, Tier 2, use may include up to 200 square feet of outside storage space when recommended for approval by the planning commission. Outside storage must be set back at least 15 feet from neighboring property lines, located in rear yards only, and enclosed with a six-foot high opaque fence. Outside storage cannot be located in easements, drainage swales or intermittent stormwater flow areas.

3.

One employee may be permitted on the premises or permitted in the dwelling unit or accessory structure, other than members of the immediate family who legally reside on the premises.

4.

Use and parking of one small commercial van may be allowed when recommended for approval by the planning commission.

5.

Notice of planning commission hearing provided to the historic district commission.

B.

Locational standards. One or more of the following must be found for a home-based business, Tier 2 to be permitted in the city.

1.

The subject home must front on a collector or arterial road as defined in the thoroughfare plan of the master plan for the city, excepting Old Creek Drive and Willis Road.

2.

The subject home may front on a minor street (containing non-residential uses) if recommended for approval by the planning commission, after a finding that a home based business, Tier 2 will be in character with the existing neighborhood.

3.

The subject home has a location within the C-2, D-1, or D-2 zoning districts.

C.

A home-based business, Tier 2, use shall not advertise by listing its street address in a telephone directory, yellow pages, or similar means, or instruct others to visit the site for any business-related services, other than delivery operations commonly occurring in residential areas except in conflict with state law.

(3)

Effect of approval. Approval by the city planning commission of a home-based business, Tier 2, special land use allows the applicant to apply for a home-based business, Tier 2, license. The following shall apply to the issuance of the required license:

A.

The fees to be charged, license application form, and annual renewals of the home business license shall be established by resolution of the city council.

B.

The home business license shall be issued for a period of one year. Written renewal request must be made 30 days prior to expiration. If there are no substantiated complaints on file, the clerk's office can renew the permit at that time. Permits are valid from January 1 to December 31 of each year.

C.

No home business license shall be issued or renewed if the property taxes of the subject parcel are delinquent.

D.

The city home business license may be revoked at any time that any condition(s) at the home business violates city ordinances or becomes such that allowing continued operation could prove to be detrimental to the health, safety, or welfare of the neighborhood.

(4)

Appeals to this section may be made to the zoning board of appeals in accordance with article 16 of the city zoning ordinance.

(Ord. No. 738, § 1, 10-1-12)

(1)

Temporary uses. This section allows for the establishment of certain temporary uses or special events of limited duration, provided that the uses comply with the requirements of this section and are discontinued upon the expiration of an approved time period. Any extension of the time period shall only be granted upon a finding that the need for the extension is due to circumstances beyond the immediate control of the applicant and applied for in writing prior to the expiration of the temporary use permit.

(2)

General standards—Public property or rights-of-way. Temporary uses proposed in the public right-of-way or other public land shall be governed by applicable city policies.

(3)

General standards—Private property. Temporary uses on private property shall:

A.

Not be detrimental to property or improvements in the surrounding area;

B.

Not have substantial adverse effects or noise effects on nearby residential neighborhoods or to the public health, safety, or general welfare;

C.

Not include the construction of permanent buildings or structures;

D.

Comply with any applicable conditions of any prior zoning approvals that apply to a site or use on the site;

E.

Contain sufficient land area to allow the temporary use and any associated structures as well as accommodate the parking and traffic movement associated with the temporary use;

F.

Not occupy any adjacent public land or rights-of-way without the written approval of the city manager;

G.

Have adequate sanitary facilities as determined by the review of city departments;

H.

Obtain any necessary health, building, mechanical, plumbing, electrical, temporary structure/building permits or other permits that may be required; and

I.

Be subject to the review, approval, and conditions of the various city departments and partner agencies including, but not limited to, the Saline Community Development Department, Saline Police Department, Saline Department of Public Works, Saline Area Fire Department, Washtenaw County, and the Michigan Department of Transportation.

(4)

Frequency and duration. In all residential districts and properties bordering residential districts, temporary uses shall start no earlier than 8:00 a.m. and end no later than 8:00 p.m. In all other districts such activity shall start no earlier than 8:00 a.m. and end no later than 11:00 p.m. unless otherwise stated on the temporary use permit by the zoning official. Temporary uses, regardless of the type of activity, are limited to no more than six occurrences per year per parcel.

(5)

Permit required. The zoning official may issue a permit for a temporary use based upon receipt of a permit fee as applicable and a complete application, including:

A.

A site plan, showing permanent building locations, requested temporary use area, the location of any proposed temporary structure, accessible parking areas, event/use parking areas showing adequate on-site parking for the expected number of attendees, available and temporary sanitary facilities, existing fire lanes and emergency access drives, and other relevant information as determined by the zoning official;

B.

A written statement explaining the proposed use, the expected number of attendees, and demonstrating compliance with the requirements of this section;

C.

Written permission of the owner(s) for the activity on the property; and

D.

Any additional information/materials required by this section for specific uses, structures, activities, and events.

(6)

Permit conditions. The zoning official, city departments, or partner agencies may attach conditions to the permit that would minimize disturbance to and compatibility with the area and surrounding land uses, and/or protect the public health, safety, and welfare.

(7)

Permit revocability. The permit may be revoked by the zoning official if the temporary use becomes a nuisance or fails to comply with the provisions of this section.

(8)

Past nuisances. The city reserves the right to deny issuance of a temporary use permit based on documented past nuisances associated with the property, event, participants, or applicants, as determined by the relevant city departments.

(9)

Performance guarantee. The zoning official may require a performance guarantee to ensure compliance with this chapter and all other applicable city ordinances, standards, rules, and regulations.

(10)

Signs. Signs for temporary uses are subject to article 12 of the Saline Zoning Code unless otherwise stated. Signage shall be displayed in a neat and orderly manner.

(11)

Sanitary facilities. Adequate sanitary facilities, either portable or permanent, shall be made available to all employees, attendants and participants during temporary use hours of operation. If portable, they shall be maintained to minimize odors and to remain fully functional.

(12)

Clean up and restoration. All sites shall be completely cleaned of debris and temporary structures or equipment within 48 hours of the termination of the temporary use, including, but not limited to: trash receptacles, signs, stands, poles, electrical wiring or any other fixtures and appurtenances or equipment connected therewith. The applicant shall restore the site to its original condition or better, unless the area is intended for new construction within a reasonable time following the temporary event.

(13)

Use specific regulations. The following uses are subject to the following regulations:

A.

Garage sales. Garage sales are allowed in residential districts on residential properties and are subject to the following conditions:

1.

Permit. Garage sales are exempt from the permit requirements in this section; and

2.

Duration. Garage sales are allowed up to three consecutive days, no more than twice per year per occupied residential parcel. Garages/basement/yard sales operating beyond the duration requirements will be classified as commercial uses;

3.

Items for sale. Items offered for sale shall be limited to personal property not acquired for resale by the residents of the lot where the sale occurs.

B.

Temporary outdoor sales and services. Parking lot sales, sidewalk sales, clearance sales, commercial promotional events and similar including the temporary outdoor sale of merchandise, goods, materials or services may occur in the SPA-1, I-1, I-2, C-2, C-3, D-1, D-2 districts, and non-residential properties in residential districts subject to the following requirements:

1.

Outdoor sales and services, principal user. Principal users or tenants engaging in outdoor displays of products or materials intended for retail sale or rental are subject to section 5.11 of the Saline Zoning Ordinance. No permit is required for this type of use.

2.

Outdoor sales and services, non-principal user. Non-principal users or tenants engaging in outdoor displays of products or materials intended for retail sale or rental are subject to the following requirements:

a.

Permit. A temporary use permit is required;

b.

Applicant. The applicant for the temporary use permit for temporary outdoor sales and services for non-principal users must be a principal user on-site;

c.

Location. Temporary outdoor sales and services may not be located within the required front yard and shall not be located within any public road right-of-way. All activity shall be located on an asphalt, concrete or equivalent surface;

d.

Duration. Outdoor sales and services by non-principal users are allowed up to two consecutive days, with a minimum of five days between a subsequent temporary use on the same parcel;

e.

Access and parking. Temporary outdoor sales and services shall not occupy or obstruct the use of any fire lane, accessible parking spaces, required landscape area, or create a traffic or safety hazard. Adequate on-site parking together with proper ingress and egress to the site shall be provided. Such uses shall not interrupt or hamper the flow of traffic on public streets, impede access to the principal use, pedestrian movements, or emergency vehicle access; and

f.

Exceptions. Outdoor displays of products and transient and seasonal sales. Non-principal users who meet the definition of transient and seasonal sales are subject to section 5.12 of the Saline Zoning Ordinance and are exempt from the regulations of this ordinance unless otherwise noted. Principal users who engage in outdoor displays of products as defined by section 5.11 of the Saline Zoning Ordinance are subject to the regulations found in section 5.11 of the Saline Zoning Ordinance and are exempt from the regulations of this ordinance unless otherwise noted.

C.

Assembly and fundraising activities. Assembly activities (e.g., grand openings, carnivals, fairs, rodeos, sport events, concerts, and shows) and fundraising activities (e.g., car washes, bake sales, auctions) are permitted in the SPA-1, I-1, I-2, C-2, C-3, D-1, D-2 districts, and non-residential properties in residential districts subject to the following requirements:

a.

Permit. A temporary use permit is required;

b.

Applicant. The applicant for the temporary use permit for temporary outdoor sales and services for non-principal users must be a principal user on-site;

c.

Location. Assembly and fundraising activities shall not be located within any public road right-of-way or on adjacent public lands without the written approval of the city manager;

d.

Duration. Assembly and fundraising activities are allowed up to three consecutive days, with a minimum of 14 days between a subsequent temporary use on the same parcel;

e.

Outdoor sales and services. Outdoor sales and services, by the principal user or otherwise, are permitted in conjunction with assembly and fundraising activities and can be applied for with the same temporary use permit. Such uses shall be denoted on the required site plan submittal and are subject to the requirements for such temporary use in this section;

f.

Access and parking. Assembly and fundraising activities shall not occupy or obstruct the use of any fire lane or accessible parking spaces unless alternatives are reviewed and approved by the fire department and zoning official. Such temporary uses shall not create a traffic or safety hazard. Adequate on-site parking together with proper ingress and egress to the site shall be provided. Such uses shall not interrupt or hamper the flow of traffic on public streets, pedestrian movements, or emergency vehicle access;

g.

Food preparation or cooking. Outdoor food preparation or cooking is prohibited within 200 feet of a residential use. Cooking apparatus shall be separated from areas of pedestrian movement, and smoke emissions shall not impair pedestrian or vehicular sight distances or serve as a distraction at street intersections. The applicant is required to receive any necessary approvals or permits from the health department; and

h.

Subject to additional review. Assembly and fundraising activities will be reviewed by the zoning official, Saline Police Department, Fire Department, and other relevant departments or entities as needed. Applicants must satisfy the conditions of these reviews to be issued a temporary use permit.

(14)

Exceptions. Private parties on residential properties are exempt from these standards. Such events must comply with relevant city standards related to noise, lighting, setbacks, parking, and other potential nuisances.

(Ord. No. 819, § 1, 10-5-20; Ord. No. 868, § 4, 8-19-24)

(1)

Marihuana establishments, as authorized by and defined in the Michigan Regulation and Taxation of Marihuana Act (the "Act"), are prohibited in all zoning districts and shall not be permitted as home occupation.

(2)

No use that constitutes or purports to be a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter or any other type of marihuana related business authorized by the Act, that was engaged in prior to the enactment of this section, shall be deemed to have been a legally established use under the provisions of the city Code of Ordinances; that use shall not be entitled to claim legal nonconforming status.

(3)

Violations of this section are subject to the violations and penalties pursuant to section 3.07 of this appendix A and may be abated as nuisances.

(4)

This section does not supersede rights and obligations with respect to the transportation of marihuana by marihuana secure transporters through the city to the extent provided by the Act.

(Ord. No. 808, § 1, 2-14-19; Ord. No. 874, § 1, 2-10-25)