In addition to the regulations set forth in Part I of this chapter, the following are specific regulations and design standards for uses listed in this chapter, and shall be the minimum governing requirements for the protection of the public health, safety, and general welfare of the community.

(1993 Code, § 154.090) (Ord. 84-1, passed 1-3-1984)

   In recognition of the growing trend toward mobile home parks and the need for well-located and properly developed areas to accommodate them, mobile home park regulations are hereby prescribed for the use with appropriate construction and site development standards to promote the health, safety, and general welfare of the residents of those areas as well as the residents of adjoining and neighboring premises.

(1993 Code, § 154.105) (Ord. 84-1, passed 1-3-1984)

   The site of a mobile home park must be in accordance with the following site standards:

   (A)   The site must be within an R-4, Mobile Home Park Zoning District; and

   (B)   The site must be a minimum of 15 acres in land area and contiguous. However, an owner of a proposed site which has less than the minimum required area may apply if the subject land is adjacent to a lawfully approved or constructed mobile home park.

(1993 Code, § 154.106) (Ord. 84-1, passed 1-3-1984)

   (A)   All mobile home parks shall comply with the requirements imposed by M.C.L.A. §§ 125.2301 et seq., except as those provisions are modified herein, together with any regulations promulgated by the State Mobile Home Commission.

   (B)   A ten-foot wide buffer zone shall be provided along all exterior boundaries of the mobile home park that abut another residential district or residential use. The buffer shall be measured from the park property line inward. The buffer shall be planted with evergreens and shrubs not less than four feet in height at the time of planting and which contain foliage throughout the calendar year sufficiently compact in nature to form a natural buffer or screening between the mobile homes and adjoining premises. In lieu of the foregoing, an artificial fence which cannot be seen through may be constructed not less than five feet in height along the perimeter of the buffer zone. The fencing shall be commensurate with the character of the adjoining development, and shall be maintained at all times in a neat and attractive manner. No fence or plantings are required where existing plantings equal the density as specified above.

   (C)   Drainage for surface water leaving the mobile home park shall be approved by the County Drain Commissioner.

   (D)   No mobile home shall be located nearer than 50 feet to any abutting residential zoning district, nor nearer than 50 feet to the edge of the right-of-way line of any dedicated public road or highway right-of-way.

   (E)   (1)   The mobile home park shall be developed with sites having 5,500 square feet per mobile home unit being served. This 5,500 square feet may be reduced by 20%, provided that the individual site shall be equal to at least 4,400 square feet. For each square foot of land gained through the reduction of the site below 5,500 square feet, at least an equal amount of additional land shall be dedicated as open space. Not more than one mobile home shall be located on any individual mobile home site. Each mobile home space shall be supplied with concrete piers to a minimum depth of 42 inches below grade, or a concrete slab in suitable soils, upon which the mobile home shall be parked.

      (2)   The mobile home site shall be landscaped with either natural or artificial improvements of a dust-free and attractive nature to prevent erosion.

   (F)   No mobile home nor any appurtenances connected thereto shall be located on a mobile home site closer than 20 feet to any adjoining mobile home or 50 feet from any permanent building, nor closer than ten feet to the front and rear line at each individual mobile home site. No accessory building shall be closer than ten feet to a mobile home not located on the same individual mobile home site.

   (G)   All mobile home spaces shall abut an internal park road of not less than 24 feet in width as measured from back to back of curb, which shall be constructed of a bituminous concrete or concrete constructed according to A.A.S.H.T.O. standards, 1974 edition, and shall have unobstructed and safe access to a public street or highway. Where sidewalks are provided paralleling the drive, the same shall be in addition to the foregoing driveway width.

   (H)   Not less than two paved parking spaces for automobiles ten feet by 20 feet each in size shall be provided within the mobile home park for every mobile home site located therein.

   (I)   All vehicular and pedestrian circulation systems within a mobile home park shall be illuminated as follows:

      (1)   Access points to public thoroughfares shall be lighted. If the public thoroughfare is lighted, the illuminated level shall not exceed the average illumination level of an adjacent illuminated thoroughfare;

      (2)   At all street intersections and designated pedestrian crosswalks, the minimum illumination shall be not less than 0.25 foot-candle;

      (3)   Roads, parking bays, and pedestrian walkways shall be illuminated at no less than 0.15 foot-candle;

      (4)   If a central park mail box area or park directories, or both, are provided, they shall be illuminated at not less than ten horizontal foot-candles on any box or any entry on the directory; and

      (5)   Outdoor recreational facilities shall be adequately lighted, when in use.

   (J)   Each mobile home space shall be provided with electric services as required under rules promulgated by the Mobile Home Commission.

   (K)   No garbage or other wastes shall be burned within a mobile home park but shall be disposed of either through appropriate disposal services furnished by the proprietor of the park or through mechanical garbage disposal equipment connected to the sewer facilities located within the park.

   (L)   (1)   All water supply and sanitary sewage systems shall be located underground and in such a manner as to prevent freezing during the winter months. Connections to the same shall be provided at each mobile home space by a frostproof water tap above grade level as to water, and by an approved sanitary connection to a trapped sewer at least four inches in diameter as to sanitary sewers. All these connections shall be adequate to furnish all normal required water within the mobile home and to receive all normal water from all plumbing facilities therein.

      (2)   The trapped sewer in each space shall be connected to discharge the mobile home waste into a public sewer system, if available, or into a private sewer and disposal plant of a septic tank quality or better and in such a manner as will present no health hazard.

      (3)   An approved type of sewer connection shall be used for each mobile home which shall be odor-tight and free from leakage.

      (4)   Sewer connections on unoccupied sites shall be closed in a proper manner as will prevent the emanation of odor or any unsanitary condition therefrom.

      (5)   All sanitary sewage facilities within the mobile home park, including those of a semi-public nature and those pertaining to individual self-contained trailers, shall be constructed and maintained in compliance with the requirements of M.C.L.A. §§ 125.2301 et seq.

   (M)   No mobile home shall be located within a mobile home park unless the same is a self-contained living unit and is connected to the water and sanitary sewer facilities required at each mobile home site.

   (N)   No animal or car washing or other activities involving quantities of water shall be carried on in any mobile home park unless within an area specifically set aside for the activities containing adequate drainage facilities.

   (O)   No domestic house pets shall be allowed to run at large or commit any nuisance within the limits of a mobile home park.

   (P)   All grass and shrubbery within a mobile home park shall be kept mowed and landscaped in a neat and attractive manner.

   (Q)   Each mobile home park shall be provided with a park office where each mobile home entering the park shall be assigned to a location, and each owner shall be given a copy of the mobile home park regulations and registered according to the prescribed form.

   (R)   No mobile home park shall be developed or operated with less than 25 mobile home sites.

   (S)   All mobile homes shall be securely fastened to the site as required under the rules of the Mobile Home Commission.

   (T)   All mobile homes shall be skirted within 60 days, weather permitting, following their placement within the mobile home park, with standard skirting material or material of equal quality for both aesthetic purposes and to lessen heat loss, and should meet all requirements of Rule 604 being R 125-1605 of the State Mobile Home Commission.

   (U)   No retail sales of mobile homes shall be permitted from a mobile home park except for mobile homes that are located within the park on a developed mobile home site meeting all or the requirements set forth herein.

(1993 Code, § 154.107) (Ord. 84-1, passed 1-3-1984)

   (A)   Planned developments are provided herein by special use permit in order to allow for some degree of flexibility and innovation in the design of developing areas, as well as to allow for the economic usage of land and the conservation of sensitive physical and environmental features in a viable way. Based upon the standards and criteria contained in §§ 153.075 through 153.081, 153.095 through 153.100, and 153.165 through 153.170, the Planning Commission may review and permit with conditions, a modification in bulk requirements in order to allow certain forms of development containing both privately owned sites and common property, and which are planned collectively as a single unit.

   (B)   The planned development subchapter is also provided in order that the growing demands for housing by young married couples, senior citizens, and existing residents may be met by a greater variety of innovative housing types, and by planning and design of structures with the benefit of cost-effective land utilization in these developments.

(1993 Code, § 154.120) (Ord. 84-1, passed 1-3-1984)

   (A)   Use by right. In any R-1 and R-2a District in which single-family detached dwellings are a use permitted by right, the minimum required lot areas for that use, as set forth in the Table of General Bulk Regulations in Appendix B, may be reduced by an amount not to exceed 50%; provided that a quantity of land at least equivalent to the total amount deducted from all lots shall be dedicated for open space so that the overall gross density for the entire area shall not exceed that permitted in the applicable zoning district.

   (B)   Permit; compliance. Any subdivision plan wherein the clustered residential development concept is proposed shall require special use permit approval with site plan approval by the Planning Commission and must be in accordance with all standard procedures and provisions set forth in §§ 153.075 through 153.081, 153.095 through 153.100, and 153.165 through 153.170 and in the subdivision regulations of the city set forth in Chapter 152.

   (C)   Site eligibility. The minimum area necessary to qualify as a cluster development shall not be less than ten contiguous acres of land.

(1993 Code, § 154.121) (Ord. 84-1, passed 1-3-1984)

   (A)   Districts permitted. A planned unit development (PUD) shall be permitted in the following zoning districts: R-1, R-2a, and R-3.

   (B)   Special use permit. A planned unit development (PUD) shall require a special use permit with site plan approval by the Planning Commission and must be in accordance with all standards, procedures, and provisions set forth in §§ 153.075 through 153.081, 153.095 through 153.100, and 153.165 through 153.170.

   (C)   Site eligibility. The minimum area necessary to qualify as a PUD shall not be less than ten contiguous acres of land. However, an owner of land less than the minimum required area may apply if the subject land is adjacent to a lawfully approved or constructed PUD which is similar in character to the one proposed.

   (D)   Density and open space requirements for PUDs. As a planned single unit, a PUD may be constructed in any combination of residential uses and structures (except mobile homes), provided that:

      (1)   The PUD may not exceed a net residential density of one and one-half times the maximum number of units allowed per acre under conventional single-family lot sizes as shown in the Bulk Table for the particular district in which the PUD is proposed (see Appendix B). The number of dwelling units shall be rounded to the nearest whole number;

      (2)   At least 25% of the total area is reserved for open space. OPEN SPACE is defined as an area which may consist of land included as part of the required yard setbacks, roads, greenbelt areas, drainage easements, open space, or any outdoor recreational amenity; but shall not include any area used for structures, or off-street parking and loading; and

      (3)   Full compliance with the provisions of this chapter and the tables/schedules contained herein, shall be met, unless waived by the Planning Commission serving as the special use review and approval body.

   (E)   Residential density bonuses. Bonuses in net residential density for PUD development are permitted by the Planning Commission, provided that additional land is reserved and dedicated for open space (as defined above) as follows:

 

 

(1993 Code, § 154.122) (Ord. 84-1, passed 1-3-1984)

   Prior to formal application submission for a special use permit for a proposed planned development, the developer/applicant shall be required to make a presentation to the Planning Commission in order to discuss initial design concepts and the application of the concepts to the land in question.

(1993 Code, § 154.123) (Ord. 84-1, passed 1-3-1984)

   In addition to complying with the standards for special use permits, the following special standards for a clustered residential development or PUD must be met.

   (A)   Ownership. The tract of land may be owned, or controlled by a single person, partnership, corporation, cooperative association, or association of individual owners (condominium). An application may be filed by the owner, jointly by the owners of all property to be included, or by a person, persons, corporation, or corporations, with an option to buy the property. A plan once approved, shall be binding.

   (B)   Utilities. A clustered residential development and a PUD shall have on-site community water and sewer provided by the developer, and must be approved by all legal state, county, and local agencies (health, conservation, and the like) who are in authority and have jurisdiction.

   (C)   For PUD only: permitted housing types and uses. The following are eligible for inclusion in a PUD application:

      (1)   Principal uses.

         (a)   Single-family detached homes (excluding mobile homes);

         (b)   Two-family attached homes;

         (c)   Single-family attached homes; and

         (d)   Multiple-family structures.

      (2)   Accessory uses, structures, and amenities.

 

   (D)   Site design standards. Unless modified or waived by the Planning Commission in writing at the time of application approval, compliance with the following design standards is required to be shown on the site plan.

      (1)   Minimum yard requirements and building setbacks from all exterior property lines shall be 30 feet.

      (2)   Maximum building height shall be two and one-half stories or 35 feet (excludes antennas, steeples, spires, and the like).

      (3)   Minimum spacing between detached buildings shall not be less than the height of the higher building as measured from the lowest first floor elevation.

      (4)   All sensitive natural features such as drainageways, streams, wetlands, lands within the 100-year floodplains, land on slopes of 12% or greater, and stream or river banks, which by virtue of soil and slope may create highly erodible hazards to the public health and safety, shall remain unencumbered by residential buildings and structures.

      (5)   Access and egress opening from the development onto a public and private road shall be limited to one per 500 feet.

      (6)   Planted and maintained landscaped buffer areas of 100 feet in width are required along all exterior boundaries of the property to be developed.

      (7)   Drainageways and streams shall be protected by a public easement measured 25 feet from the centerline of the drainageways or streams.

      (8)   Off-street parking is required at the rate of two parking spaces per dwelling unit.

   (E)   Facility site standards. The site standards for all individual uses and facilities as provided in this chapter must be observed.

   (F)   Common property which is privately owned. Common property is a parcel or parcels of land, a privately owned road or roads, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. When common property exists, the ownership of the common property shall be private. When privately owned, arrangements must be made for the improvement, operation, and maintenance of the common property and facilities, including private streets, drives, service parking, and recreational areas.

   (G)   Public easements on common property which is privately owned. When common property exists in private ownership, the owners shall grant easements, over, under, and through the property to the city, as may be required for public purposes.

   (H)   Revision of plan. After approval of a cluster development or a PUD under this subchapter, a site plan may be revised upon approval by the Planning Commission.

(1993 Code, § 154.124) (Ord. 84-1, passed 1-3-1984)

   A public hearing by the body delegated to grant special use permits is required for all planned developments.

(1993 Code, § 154.125) (Ord. 84-1, passed 1-3-1984)

   Home occupations as defined in this chapter are permitted as an accessory use as provided in Appendix A, Use Table, provided that the following regulations shall control:

   (A)   No other than members of the family, shall be engaged in connection with the home occupation at the same time;

   (B)   The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation;

   (C)   There shall be no change in the outside appearance of the building, no variation from the residential character of the dwelling, and no visible evidence of the conduct of the home occupation other than one sign, not exceeding two square feet in area, non-illuminated and mounted flat against the wall of the main building;

   (D)   No home occupation shall be conducted in any accessory building;

   (E)   There shall be no sale of products or services except as are produced on the premises by the home occupation;

   (F)   No traffic shall be generated by the home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of the home occupation shall be met off the street and other than in a required front yard;

   (G)   No equipment or process shall be used in the home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises if the occupation is conducted in a single-family dwelling. If conducted in other than a single-family dwelling, the nuisance shall not be detectable outside the dwelling unit. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage of the premises; and

   (H)   In particular, a home occupation can be but is not limited to: art studio, dressmaking; teacher, with musical or dancing instruction limited to four to six pupils at a time; contractor’s office; professional office or studio of a physician, dentist, author, artist, musician, lawyer, barbershop, beauty parlor, engineer, architect, community planner, realtor, accountant, or similar use; but shall not include animal hospital, automotive repair service, restaurant, tearoom, tavern, or similar use.

(1993 Code, § 154.135) (Ord. 84-1, passed 1-3-1984)

   (A)   The following site facility and design standards with respect to certain uses, herein specified, shall control a research and development facility, which is permitted by special use permit.

   (B)   The Planning Commission shall require the following design standards.

      (1)   The parcel of property for the proposed use is at least five acres in size.

      (2)   The ratio of total floor space counting all floors of all buildings to land area shall not exceed 1:10, but total floor area shall not exceed 100,000 square feet and floor area in any one building shall not exceed 200,000 square feet; but these requirements shall not apply to existing buildings as of the time adoption of this chapter that are authorized for purposes allowed by this section, save the maximum limitation.

      (3)   All parking and loading docks shall be within enclosed building(s) or placed or screened with trees, shrubbery, or buildings so that cars or trucks parked there cannot be seen from any adjoining property or street.

      (4)   All activities shall be conducted within enclosed structures.

      (5)   Property must be maintained, sprayed, and traps placed so as to prevent any adverse effect upon surrounding property from any type of insect or disease.

      (6)   No noise, odor, gas, dust, vibration, glare, smoke, or other substance of any degree shall emanate beyond the property lines of the property upon which it is located.

      (7)   There will be no adverse effect upon property values to adjacent property.

      (8)   All new utilities shall be placed underground.

      (9)   On-site signs, see § 153.231.

      (10)   Once permission is granted as provided herein, the research and development facility cannot be changed or used in any manner than would be contrary to any conditions made as part of the special use permit approval, nor contrary to the approved site plan.

(1993 Code, § 154.150) (Ord. 84-1, passed 1-3-1984)

   (A)   General conditions.

      (1)   All permanent storage of material, merchandise, and equipment other than liquid fuel shall be within the building.

      (2)   All lubrication, repair, and servicing equipment shall be within the building.

      (3)   No floor drains shall be connected to the sanitary sewer system.

   (B)   Design requirements.

      (1)   Relation to certain land uses. No new service station other than replacement of one existing at time of adoption of this chapter (January 3, 1984) shall be erected within 25 feet of any residential area; and not within 300 feet of any of the following uses or structures:

         (a)   Public or private school;

         (b)   Church or other place of worship;

         (c)   Hospital;

         (d)   Public library;

         (e)   Public art museum or other public building;

         (f)   Theater or other building or structure used or intended to be used for motion picture, theatrical, or operatic productions, or for public entertainment;

         (g)   Public playground or civic center; or

         (h)   Fire house or fire station.

      (2)   Lighting and screening (fences). All lighting and screening shall comply with the requirements of § 153.047.

      (3)   Minimum frontage and area. The minimum acceptable frontage shall be 100 feet and the average lot depth shall be at least 100 feet.

      (4)   Minimum setback. The building shall be set back a minimum of 40 feet from the street right-of-way, and not less than 25 feet from any side or rear lot line adjoining a residential district or use.

      (5)   Driveway location. Driveways shall be a minimum of 20 feet from street intersections; the distance to be measured from the point of intersection of intersecting street rights-of-way. No driveway shall be located nearer than ten feet to any abutting properties.

      (6)   Pump islands. Pump islands shall be located a minimum of 25 feet from any public right-of-way and five feet from any side or rear lot line.

      (7)   Driveways, service areas, and parking areas. Driveways, service areas, and parking areas shall be provided with pavement having an asphaltic or cement binder so as to provide a permanent, durable, and dustless surface and shall be so graded and drained as to dispose of all surface water accumulated within the area.

      (8)   Signs. All signs shall conform to the requirements of §§ 153.230 through 153.234.

(1993 Code, § 154.151) (Ord. 84-1, passed 1-3-1984)

   (A)   The lot location shall be such that at least one property line abuts a major thoroughfare and shall be at least 1,000 feet from any residentially zoned district.

   (B)   The premises shall be enclosed with a solid screen fence, seven feet in height minimum.

   (C)   All points of entrance and exit shall be located no closer than 250 feet to any intersection (as measured to the nearest intersection right-of-way line).

   (D)   The interior of the premises shall be designed with respect to lighting, drainage, and the like, to the satisfaction of the approval body or official, as designated by this chapter.

   (E)   Space shall be provided, on-premises, for a reasonable amount of waiting vehicles to stand at the entrance to the facility.

   (F)   The theater screen shall not face directly, or obliquely by less than 75 degrees, toward a major thoroughfare.

   (G)   Acceleration and deceleration lanes shall be provided at points of public ingress and egress to the site.

(1993 Code, § 154.152) (Ord. 84-1, passed 1-3-1984)

   (A)   Public access. Public access to the principal business shall be located so as not to conflict with access to adjacent uses or not adversely affect traffic flow on adjacent streets. No more than two driveway openings from a major thoroughfare shall be permitted.

   (B)   Greenbelt. Where the front yard is used to provide access, a 25-foot wide greenbelt shall be provided within the front yard, except for driveway openings.

   (C)   Commercial units. Each unit of commercial occupancy shall contain a minimum of 250 square feet of gross floor area.

   (D)   Lighting and screening. Where adjacent to a residential district, refer to § 153.047.

(1993 Code, § 154.153) (Ord. 84-1, passed 1-3-1984)

   (A)   The main and accessory buildings shall be set back a minimum of 60 feet from any adjacent right-of-way line or residential property line.

   (B)   Driveway openings to the site shall be located at least 75 feet from any intersection as measured from the intersecting street right-of-way lines to the edge of the driveway.

   (C)   Screening as required in § 153.047 shall control where lot lines abut any residential district.

   (D)   Parking may be located in the front, but not within the required front yard.

(1993 Code, § 154.154) (Ord. 84-1, passed 1-3-1984)

   (A)   No dormitory facilities permitted on premises.

   (B)   For each child cared for, there shall be provided, equipped, and maintained on the premises a minimum of 150 square feet of usable outdoor play area with a minimum total area of 5,000 square feet per facility.

   (C)   The outdoor play area shall be fenced in or screened by a heavily planted greenbelt from any abutting residential uses. See § 153.047.

(1993 Code, § 154.155) (Ord. 84-1, passed 1-3-1984)

   (A)   Driveway openings to the site shall be located at least 75 feet from any intersection as measured from the intersecting street right-of-way lines to the edge of the driveway.

   (B)   The main and accessory buildings shall be located a minimum of 100 feet from any residential use.

(1993 Code, § 154.156) (Ord. 84-1, passed 1-3-1984)

   (A)   Minimum lot area shall be one acre.

   (B)   Minimum lot width shall be 200 feet.

   (C)   A five-foot fence or wall shall be constructed along the rear and sides of the lot, capable of keeping trash, paper, and other debris from blowing off the premises, except as provided otherwise in this chapter.

   (D)   All open-air businesses shall comply with all applicable Health Department regulations regarding sanitation and general health conditions.

   (E)   Unless specifically waived by the approval body or as designated by this chapter, a building of not less than 500 square feet of gross floor area shall be constructed on the premises for office use in connection with the subject open-air business.

   (F)   The Planning Commission may, to ensure strict compliance with any regulation contained herein and required as a condition of the issuance of a permit for an open-air business use, require the permittee to furnish a surety bond executed by a reputable surety company authorized to do business in the state, in the sole discretion of the Planning Commission, a cash bond in the amount determined by the Commission to be reasonable and necessary to ensure compliance hereunder. In fixing the amount of the bond, the Planning Commission shall take into account the size and scope of the proposed open-air business use, current prevailing cost of rehabilitating the premises upon default of the operator of the use, estimated expenses to compel the operator to comply by court decree, and any other factors and conditions as might be relevant in determining the sum reasonable in the light of all facts and circumstances surrounding each application.

   (G)   In the case of indoor-outdoor garden nurseries:

      (1)   The storage or materials display areas shall meet all the yard setback requirements applicable to any building in the district;

      (2)   All loading activity and parking areas shall be provided on the same premises (off-street); and

      (3)   The storage of any soil, fertilizer, or similar loosely packaged materials shall be sufficiently contained to prevent any adverse affect upon adjacent properties.

(1993 Code, § 154.157) (Ord. 84-1, passed 1-3-1984)

   (A)   The provisions of this section shall apply to any basin or other structure for the holding of water for use by the possessor, his or her family, or guests, for swimming, diving, and other aquatic sports and recreation; provided, however, that these regulations do not apply to any plastic, canvas, or rubber pool temporarily erected above the ground, holding less than 500 gallons of water.

   (B)   Private swimming pools other than those exempt above are permitted in all residential districts, provided all of the following regulations are complied with.

      (1)   The pool shall be equipped with filtration, circulation, clarification, and chlorination system adequate to maintain the water in a clean and healthful condition in accordance with the health requirements of the city.

      (2)   The discharge pipe leading from any private swimming pool shall not exceed two inches in diameter, and the discharge pipe of all pools which may hereafter be constructed shall be composed of galvanized iron, or any other standard and durable material as may be approved by the City Engineer. No private swimming pool shall be wholly or partially emptied in any manner that will cause water to flow upon the premises of another, and no private swimming pool shall be wholly or partially accessible to the premises on which the pool is located. No private swimming pool shall be wholly or partially emptied into any sanitary system.

      (3)   No public water shall be used in connection with the operation of any private swimming pool during any time when restrictions are imposed upon the use of public water.

      (4)   Every private swimming pool shall be completely enclosed with a permanent substantial fence with gate or gates, no less than six feet in height above the ground level. No opening in the fence or gate shall be so designed, constructed, and maintained as to permit access to the pool at any time except when the pool is in use under the supervision of the possessor of the pool or by his or her permission.

      (5)   The swimming pool shall not be closer than 15 feet to any side or rear lot line of the premises; provided, on corner lots, no part of any pool shall be constructed within the front yard of either street.

      (6)   No artificial lights above the surface off the water shall be used or maintained in connection with a private swimming pool.

(1993 Code, § 154.158) (Ord. 84-1, passed 1-3-1984) Penalty, see § 153.999

   (A)   All washing activities must be carried on within a building.

   (B)   Vacuuming activities may be carried out only in the rear yard and at least 50 feet distant from any adjoining residential use.

   (C)   The entrances and exits of the facility shall be from within the lot and not directly to or from an adjoining street or alley. An alley shall not be used as maneuvering or parking space for vehicles being serviced by the subject facility.

(1993 Code, § 154.159) (Ord. 84-1, passed 1-3-1984)

   (A)   Minimum lot size shall be five acres.

   (B)   Accessory services in common use may include but are not limited to the provisions of central dining facilities, indoor and outdoor recreational facilities, lounge areas, and workshops.

   (C)   Each dwelling unit shall contain at least 350 square feet of area, not including kitchen and sanitary facilities.

   (D)   Development of site and structures shall be in accordance with the United States Department of Housing and Development Minimum Property Standards, Multi-Family Housing, as it applies to housing for the elderly.

(1993 Code, § 154.160) (Ord. 84-1, passed 1-3-1984)

   (A)   Minimum lot width shall be 150 feet.

   (B)   Minimum lot area shall be one acre.

   (C)   For every foot of height by which the building, exclusive of spire, exceeds the maximum height limitation for the district, an additional (to the minimum) foot of front, side, or rear yard setback shall be provided.

   (D)   The lot location shall be such that at least one property line abuts a collector street, secondary thoroughfare, or major thoroughfare.

(1993 Code, § 154.161) (Ord. 84-1, passed 1-3-1984)

   (A)   For this use, the following more restrictive provisions shall take precedence above all other provisions which may relate to setbacks, screening, and the like. All uses shall be established and maintained in accordance with all applicable state statutes. If any of the requirements of this section are less than those in applicable state statutes, the state requirements shall prevail.

   (B)   (1)   The site shall be a minimum of five acres in size.

      (2)   There shall be a required yard setback of at least 100 feet from any public street at any lot line. The front yard setback shall be planted with trees, grass, and shrubs to minimize the appearance of the installation. Nothing shall be piled, stored, or accumulated in any required yard area.

      (3)   A solid fence or wall at least eight feet in height shall be provided along the setback lines of the entire site in order to screen the site from surrounding property. The fence or wall shall be of sound construction, painted, or otherwise finished neatly and inconspicuously.

      (4)   All activities shall be confined within the fenced-in area. There shall be no stocking of material above the height of the fence or wall, except that movable equipment used on the site may exceed the wall or fence height. No equipment, material, signs, or lighting shall be used or stored outside the fenced-in area.

      (5)   No open burning shall be permitted and all industrial processes involving the use of equipment for cutting, compressing, or packaging shall be conducted within a completely enclosed building.

      (6)   Wherever a side or rear lot line of the use abuts a residential use or a residential zoning district, the required yard shall be doubled and shall contain plant materials, grass, and structural screens to effectively minimize the appearance of the installation.

(1993 Code, § 154.162) (Ord. 84-1, passed 1-3-1984)

   (A)   In nonresidential districts, the minimum lot size shall be three acres.

   (B)   The lot shall be so located that at least one property line abuts a major thoroughfare of not less than 120 feet or right-of-way, and the ingress and egress shall be directly upon the thoroughfare.

   (C)   The setbacks for each tower from adjacent right-of-way and/or property lines shall be not less than one and one-half times the height of each tower above the ground.

   (D)   In residential districts, these towers shall not exceed 40 feet in height.

   (E)   Unless specifically waived by the Planning Commission, an open-air fence between four and six feet in height shall be constructed on the boundary property lines.

(1993 Code, § 154.163) (Ord. 84-1, passed 1-3-1984)

   Maximum building coverage shall be 35%.

(1993 Code, § 154.164) (Ord. 84-1, passed 1-3-1984)

   (A)   A special use permit is required with site plan approval by the Planning Commission.

   (B)   In order to facilitate innovative and attractive design of office uses, office developments shall be subject to the requirements of Appendices A and B of this chapter and the following:

      (1)   Exterior walls of opposite or adjacent buildings shall be located no closer than one and one-half times the height of the higher building wall, but in no case closer than 50 feet;

      (2)   Buildings shall be so located and arranged that all structures have access to emergency vehicles; and

      (3)   Maximum lot coverage upon lot shall not exceed 60%, including accessory uses and structures (off-street parking, and the like).

(1993 Code, § 154.165) (Ord. 84-1, passed 1-3-1984)

   (A)   In order to provide for and encourage the development of long-term grouped retail sales and service establishments at logical and sound locations within the city, planned shopping centers and department store developments may be permitted by special use permit with site plan approval by the Planning Commission in the CBD and HC Districts.

   (B)   SHOPPING CENTER and DEPARTMENT STORE DEVELOPMENTS are defined as a retail commercial establishment, or group of retail commercial establishments, with a total gross sales floor area of 70,000 square feet or more, and which is planned, developed, owned, and managed as a unit, with off-street parking provided on the property, and related in its location, size, and type of shops to the trade area which the unit serves.

   (C)   Shopping center developments are subject to the requirements of Appendices A and B and the following:

      (1)   (a)   Applicant shall furnish a statement of economic justification and need for the establishment of a development of the type and size proposed by the applicant; to be submitted in a market analysis report by a recognized, reputable market analyst. The statement and report shall be based upon but not limited to such factors as the trade area of the community, travel time from various parts thereof to the proposed site, general development trends, economic trends, and disposable income characteristics of the area, anticipated sales volume to be captured, impact upon existing competing commercial facilities, and other data and analysis related to the need for and feasible success and stability of the proposed center.

         (b)   This requirement is intended to protect the community and its present area merchants from the untimely and over-development of retail sales and service establishments which could prove highly injurious to the community welfare.

      (2)   A traffic study and analysis prepared by qualified experts indicating the circulation impact of the proposed development on adjacent streets and roads shall accompany the required site plan;

      (3)   Interior circulation and parking layout shall be shown on the site plan, along with the locations of traffic safety signs and accessory lighting structures;

      (4)   Architectural profiles of the development showing ground level perspectives, scale, and massing from all road frontages shall be submitted;

      (5)   Proposed site shall derive access from a major thoroughfare only;

      (6)   Maximum lot coverage upon a lot shall not exceed 70%, including accessory uses and structures (off-street parking, and the like);

      (7)   The ratio of total floor area to lot area shall not exceed .30; and

      (8)   A performance guarantee is required.

(1993 Code, § 154.166) (Ord. 84-1, passed 1-3-1984)

   (A)   In order to facilitate the growth of employment to ensure a viable tax base for the city and to prevent the conflicts of incompatible industrial uses, planned industrial parks are permitted by special use with site plan approval by the Planning Commission in the I-1 and I-2 Districts.

   (B)   An INDUSTRIAL PARK is defined as a tract of land laid out in accordance with an overall plan which is designed and equipped to accommodate a cluster of wholesale commercial and industrial activities, providing them with all necessary facilities and services in an attractive, park-like surrounding.

   (C)   Planned industrial parks shall be subject to the requirements of Appendices A and B and the following:

      (1)   In addition to a required site plan, all proposed planned industrial parks (public and private) shall first have an overall plan detailing the development concept, the spatial arrangement of site and structures, and phased implementation and development thereof;

      (2)   Exterior walls of adjacent buildings shall be located no closer than one and one-half times the height of the higher building wall, but in no case closer than 50 feet;

      (3)   The regulations of industrial performance standards set forth in §§ 153.245 through 153.257 shall be observed;

      (4)   The floor area of any one building shall not exceed 45,000 square feet;

      (5)   Maximum lot coverage shall not exceed 50%;

      (6)   The ratio of total floor area to lot area shall not exceed 1.0; and

      (7)   A performance guarantee is required.

(1993 Code, § 154.167) (Ord. 84-1, passed 1-3-1984)

   (A)   Definition. A SATELLITE DISH ANTENNA shall mean an earth-based station whose purpose is to receive communications or other signals from orbiting satellites or extraterrestrial sources, together with other equipment related to those purposes.

   (B)   Criteria for approval. Prior to installation of a satellite dish antenna, a building permit shall be required pursuant to the application procedures outlined in this chapter. The application for the building permit must include construction drawings, method of installation, including details on anchoring, fencing, and screening.

   (C)   Considered accessory building. A satellite dish antenna shall be considered an accessory building as outlined in this chapter. No accessory building may be built upon any lot in single ownership upon which there is no principal building. This condition shall apply to accessory buildings in any district.

   (D)   Front yard prohibited. Any satellite dish antenna covered by this section is prohibited from the front yard.

   (E)   Height. The height of any satellite dish antenna, when installed, shall not exceed 18 feet above ground level.

   (F)   Placement. The placement of any satellite dish antenna shall satisfy all lot line setback requirements.

   (G)   Satellite signals. If a usable signal cannot be obtained by installation within the requirements of this chapter, the unit may be installed upon a roof or raised platform if the antenna is installed to withstand stresses caused by weight and wind. A usable satellite signal is one which, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations or by way of cable television.

   (H)   Writing and images prohibited. No part of the satellite dish antenna shall exhibit any name, message, symbol, graphic representation, or other writing visible from adjoining properties.

   (I)   Compliance. The satellite dish antenna, any equipment or devices used in conjunction with the antenna for the transmission of signals and the construction, installation, maintenance, and operation thereof, shall comply with all applicable laws, statutes, codes, ordinances, rules, and regulations.

(1993 Code, § 154.168) (Ord. 84-1, passed 1-3-1984)

   No sign shall be erected or used in any zone except those which meet the following requirements set forth in this subchapter.

(1993 Code, § 154.180) (Ord. 84-1, passed 1-3-1984)

   (A)   All signs shall be on private property.

   (B)   No sign shall be erected at any location where it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device. No rotating beam, beacon, or flashing illumination shall be permitted.

   (C)   Illuminated signs shall be lighted in a manner so that no illumination source is directly visible beyond the property lines of the lot upon which the sign is located.

   (D)   A permit shall be required for the erection, construction, or alteration of any sign exceeding 16 square feet in area.

(1993 Code, § 154.181)

   (E)   All signs advertising, relating to, or concerning a sexually oriented business (as defined in § 153.272) shall contain no photographs, silhouettes, drawings, or pictorial representation of any kind, and may contain only the name of the enterprise.

      (1)   When a business or use ceases on a parcel for a period of 30 days or more, the owner of the parcel shall remove any sign (including signs attached to or painted on a building on the parcel) that advertises, identifies or pertains to that business or use. The sign and any sign cabinet shall either be removed in its entirety, or the sign face shall be removed, painted a neutral color, or a blank sign face substituted.

      (2)   After such 30-day period, the city may give written notice to the owner of the parcel that a sign on the parcel is not in compliance with this section, and that the owner has ten days from the date of the notice to comply with this section. If the owner does not bring the parcel into compliance within the ten-day notice period, then the city may remove the sign, and any expense incidental thereto shall be a lien on the property and may be added to the tax roll in the same manner as special assessments.

      (3)   The above provision shall not apply to seasonal activities during the regular periods in which they are closed.

(Ord. 84-1, passed 1-3-1984; Ord. 02-07, passed 8-5-2002; Ord. 16-89, passed 7-18-2016)

   The following are permitted:

   (A)   One temporary, unlighted sign advertising the sale or rental of the premises on which it is maintained, not to exceed a total of eight square feet, provided that one sign may be permitted for each street the advertised premises abuts;

   (B)   (1)   One identification sign, which may include a bulletin board not to exceed 32 square feet in area, for the following uses:

         (a)   Apartment house;

         (b)   Cemetery;

         (c)   Church;

         (d)   Educational facility;

         (e)   Golf course;

         (f)   Mobile home park;

         (g)   Recreational subdivision; or

         (h)   Other public or semi-private institution.

      (2)   The sign shall not exceed a height of ten feet above grade and shall have a minimum setback of 25 feet.

   (C)   Directional or informational signs deemed necessary to the public welfare subject to the approval of the Zoning Administrator; provided, however, that no sign shall be located nearer than 300 feet to any residential structure.

(1993 Code, § 154.182) (Ord. 84-1, passed 1-3-1984)

   (A)   Freestanding signs.

      (1)   One freestanding sign shall be allowed for each use where setbacks permit, provided that where there are multiple uses upon any one parcel, the total square footage of all sign area shall not exceed 50% more than that which is permitted in division (A)(3) below for one sign; provided further, that whenever there are two or more uses, they shall use the same sign pole, pylons, or other supports and shall be governed by division (A)(3) of this section.

      (2)   Each freestanding sign shall not exceed a maximum of two sides upon which advertising matter may appear.

      (3)   Freestanding signs may have an area not to exceed 64 square feet, except a freestanding sign fronting a state divided highway or a street or road having four or more lanes, excluding turning lanes, may have a sign area not to exceed 128 square feet; provided, however, where the lineal feet of lot frontage exceeds 160 feet, the sign may exceed 64 square feet by two square feet for every five feet of additional lineal lot frontage over 160 feet subject to a maximum of 128 square feet. In addition, a sign’s area may be increased by one square foot for each additional foot it is set back from the minimum setback requirement up to a maximum of 160 square feet. This formula shall apply to each side of the sign.

      (4)   Freestanding signs shall be at least eight feet above the ground measured from the bottom of the sign, except the following shall be permitted:

         (a)   A sign 24 square feet or less in area, provided it is at least three feet above the ground;

         (b)   A sign more than 35 feet from the road right-of-way, save for corner lots or parcels, the sign shall be at least 40 feet from one of the roadways on which it fronts;

         (c)   A sign parallel with the road at least 25 feet from the road right-of-way on which it fronts and at least 20 feet from any driveway and 55 feet from any other road; and

         (d)   A sign not greater than four feet in height measuring from the ground to the top of the sign, provided it is at least 25 feet from the road right-of-way, or parallel to the road on which it fronts and not closer than 15 feet from any driveway and 40 feet from any other road.

      (5)   Freestanding sign posts shall be at least 20 feet from street right-of-way; provided, however, freestanding signs may be erected two feet closer to the right-of-way line for each five feet distance over 15 feet between the sign and the nearest adjoining side property line. In no event shall any part of the sign posts be closer than ten feet from any right-of-way line.

      (6)   Where the property upon which a sign is located abuts a residential zone on the side, the side yard required in a residential district shall be maintained in the commercial zone and the sign shall not be placed any closer to the lot line than the required distance for side yard in the residential zone.

      (7)   The design of freestanding signs over 25 feet in height shall bear a seal of a licensed professional engineer or architect and in no case shall the sign have an overall height exceeding 35 feet.

   (B)   Flat signs.

      (1)   Flat signs shall be attached to buildings and parallel with the side upon which they are attached.

      (2)   Flat signs shall not exceed an area greater than 10% of the area of the side of the building upon which they are attached, except that a flat sign on any building may have an area of 48 square feet.

      (3)   Flat signs shall not be higher than four feet above the roof line of buildings and must be incorporated into the building architecture as an integral part.

      (4)   A flat sign may be placed upon each side of a building; but in no case shall there be more than four flat signs totally. However, no sign shall face toward a residential district unless the building and the residential district are separated by a public street.

      (5)   Where there are multiple uses on one parcel or lot of property, each use may have only two flat signs, and total area of all signs may not exceed 10% of the area of the side of the building on which they are placed.

   (C)   Real estate signs. One rental or sale sign is permitted for each use or parcel of land. The signs may not exceed nine square feet in area and shall be removed within six months. The Board of Appeals may grant one extension of six months.

   (D)   Service stations, automobile sales, and the like. Gasoline service stations, automobile sales area, and garages may display the following signs, in addition to the foregoing signs set forth in this section:

      (1)   Two temporary signs may be located inside the property line which advertise special seasonal servicing. Each sign may not exceed nine square feet in area;

      (2)   Directional signs or lettering displayed over individual entrance doors or bays; and

      (3)   Customary lettering, insignias which are a structural part of the gasoline pump and non-illuminated credit cards.

   (E)   Shopping center signs.

      (1)   Shopping center signs may have only two flat permitted commercial signs pertaining to each individual use, and one freestanding sign advertising the shopping center.

      (2)   The flat signs and freestanding signs of a shopping center shall comply in all other respects to the provisions of this chapter applying to commercial and industrial districts.

   (F)   Temporary signs. Temporary signs are permitted in the commercial zone upon approval by the Zoning Administrator under the following conditions only. No temporary sign shall:

      (1)   Be placed on any premises for a period of more than 15 days nor more frequently than one time in any three months. There shall be at least 30 days between each interval, and only one temporary sign is allowed for each parcel of property;

      (2)   Exceed 60 square feet of area on any one side including border; or

      (3)   Be placed within 25 feet of the edge of the pavement, but in no case within the road right-of-way or in any location which will obscure visibility of ingress or egress to and from property.

(1993 Code, § 154.183) (Ord. 84-1, passed 1-3-1984)

   The required permit fees for signs are listed in the schedule of fees of the city (see § 153.308).

(1993 Code, § 154.184) (Ord. 84-1, passed 1-3-1984)

   It shall be unlawful to conduct or permit any activity or operation or use of land, building, or equipment that produces irritants to the sensory perceptions greater than the measures established in this subchapter that are hereby determined to be the maximum permissible hazards to humans or human activities.

(1993 Code, § 154.195) (Ord. 84-1, passed 1-3-1984) Penalty, see § 153.999

   The emission of measurable noises from the premises shall not exceed 65 decibels as measured at the boundary property lines, except that where normal street traffic noises exceed that level, the measurable noise emanating from the premises may equal but not exceed the traffic noise. Within industrial districts, sound levels not exceeding 70 decibels may be permitted. In addition, objectionable sounds of any intermittent nature, or characterized by high frequencies even if falling below the aforementioned decibel reading, shall be controlled so as not to create a nuisance or hazard to adjacent properties. The above decibel rates refer to the commonly called A-scale.

(1993 Code, § 154.196) (Ord. 84-1, passed 1-3-1984) Penalty, see § 153.999

   All machinery shall be so mounted and operated as to prevent transmission of ground vibration exceeding a displacement of 0.003 inch measured at any lot line of its source.

(1993 Code, § 154.197) (Ord. 84-1, passed 1-3-1984)

   The emission of noxious, odorous matter in quantities as to be readily detectable at a point along any lot lines, when diluted in the ratio of one volume of odorous air to four or more volumes of clear air, so as to produce a public nuisance or hazard beyond lot lines, is prohibited.

(1993 Code, § 154.198) (Ord. 84-1, passed 1-3-1984) Penalty, see § 153.999

   The escape of or emission of any gas which is injurious or destructive or explosive shall be unlawful and may be summarily caused to be abated.

(1993 Code, § 154.199) (Ord. 84-1, passed 1-3-1984) Penalty, see § 153.999

   Any operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure and shield the operation from direct view from any point along the lot line, except during the period of construction of the facilities to be used and occupied.

(1993 Code, § 154.200) (Ord. 84-1, passed 1-3-1984) Penalty, see § 153.999

   All lighting shall be arranged to reflect light away from adjoining residential zones or uses.

(1993 Code, § 154.201) (Ord. 84-1, passed 1-3-1984)

   Radioactive materials shall not be emitted so as to be unsafe to human health or life.

(1993 Code, § 154.202) (Ord. 84-1, passed 1-3-1984) Penalty, see § 153.999

   The rules and regulations of the Federal Communications Commission, as amended with respect to the propagation and dissemination of electromagnetic radiation, must be followed and are hereby made a part of this subchapter.

(1993 Code, § 154.203) (Ord. 84-1, passed 1-3-1984)

   The drifting or airborne transmission beyond the lot line of soot, particles, or debris from any stockpile shall be unlawful and may be summarily caused to be abated.

(1993 Code, § 154.204) (Ord. 84-1, passed 1-3-1984) Penalty, see § 153.999

   (A)   It shall be unlawful to discharge into the atmosphere from any single source of emission whatsoever any air contaminator for a period or periods aggregating more than three minutes in any 60 minutes which is:

      (1)   As dark or darker in shade as that designated as No. 2 on the Ringelmann Chart as published by the United States Bureau of Mines and which is hereby made a part of this subchapter. The umbrascope readings of smoke densities, however, may be used when correlated with the Ringelmann Chart; and

      (2)   More than 40% opacity which obscures an observer’s view to a degree equal to or greater than the smoke described in division (A)(1) above, except when the emission consists of only water vapor.

   (B)   The emission of particulates shall not exceed 0.20 grains per cubic foot of the carrying medium at a temperature of 500°F.

(1993 Code, § 154.205) (Ord. 84-1, passed 1-3-1984) Penalty, see § 153.999

   No discharge shall be permitted at any point into any private sewage disposal system, or street, or into the ground of any materials in such a way or of a nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements, except in accord with water quality standards of the State Water Resources Commission, adopted by the State Legislature and administered by the State Department of Natural Resources; and with the standards of other state commissions having jurisdiction thereof.

(1993 Code, § 154.206) (Ord. 84-1, passed 1-3-1984) Penalty, see § 153.999

   (A)   No on-site burial of solid wastes shall be permitted. Accumulation of recyclable material is possible, provided that the material is stored and screened in a non-nuisance manner, not detrimental to the public health, and is in accordance with this subchapter. Recycling must take place within 60 days after storage or stockpiling.

   (B)   Off-site disposal shall be made at a sanitary landfill or solid waste disposal site licensed by the state.

(1993 Code, § 154.207) (Ord. 84-1, passed 1-3-1984) Penalty, see § 153.999

   (A)   There is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them; and have serious, harmful, negative, and objectionable operational characteristics, particularly when they are located in close proximity to each other.

   (B)   It is not the intent of this subchapter to suppress any activity protected by the First Amendment of the United States Constitution or Article I, § 5 of the State Constitution of 1963, but to enact content-neutral regulations which address the adverse secondary effects of sexually oriented businesses in order to protect the health, safety, and general welfare of the city.

   (C)   The city recognizes that state and federal law prohibit the distribution of obscene materials and expects and encourages state enforcement officials to enforce state and federal obscenity statutes against any such illegal activities that may occur within the city.

(Ord. 02-05, passed 8-5-2002)

   It is the purpose of this subchapter to regulate sexually oriented businesses and related activities to promote and ensure the health, safety, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious effects of sexually oriented businesses within the city. The provisions of this subchapter do not have the purpose of imposing a limitation or restriction on the content of any communicative material, including sexually oriented materials. Similarly, it is not the intent of this subchapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the United States Constitution, and Article I, § 5 of the State Constitution of 1963, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent of this subchapter to condone or legitimize the distribution of obscene materials.

(Ord. 02-05, passed 8-5-2002)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ADULT BOOK OR VIDEO STORE. An establishment having as a substantial or significant portion of its stock-in-trade, books, magazines, periodicals, films, computer software, or video tapes which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section.

   ADULT ENTERTAINMENT ESTABLISHMENT. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances presented for the enjoyment of the audience which has paid or promised to pay an admission fee, and which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

   ADULT MINI-THEATER. A commercial establishment where, for any form of consideration, in an enclosed area with a capacity of less than ten persons, films, motion pictures, video cassettes, digital video discs, slides, or similar photographic reproductions are shown which are characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

   ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, digital video discs, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, as defined herein.

   ADULT NOVELTY BUSINESS. A business that has as a substantial or significant portion of its activity in the sale of devices which stimulate human genitals or devices designed for sexual stimulation.

   NUDITY or STATE OF NUDITY. The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast without a fully opaque complete covering of the breast below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state even if complete and opaquely covered. For purposes of this section, NUDITY or a STATE OF NUDITY does not include:

      (1)   A woman’s breast-feeding of a baby, whether or not the nipple or areola is exposed during or incidental to the feeding;

      (2)   Material as defined in Public Act 343 of 1984, § 2, being M.C.L.A. § 752.362 as amended, or any similar successor statute; or

      (3)   Sexually explicit visual material as defined in Public Act 33 of 1978, § 3, being M.C.L.A. § 722.673, as amended, or any similar successor statute.

   PERMIT. A special use permit for the operation of a sexually oriented business.

   PERMITTEE. A person in whose name a permit to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit.

   PERSON. An individual, proprietorship, partnership, limited liability company, corporation, association, or other legal entity.

   SEXUALLY ORIENTED BUSINESS. An adult book or video store, adult motion picture theater, adult mini-theater, adult novelty business, or adult entertainment establishment.

   SPECIFIED ANATOMICAL AREA. Includes:

      (1)   Less than completely and opaquely covered human genitals, pubic regions, buttocks, and female breasts below a point immediately above the top of the areola; and

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

   SPECIFIED SEXUAL ACTIVITIES. Includes:

      (1)   Acts of human masturbation, sexual intercourse, or sodomy;

      (2)   Fondling or other erotic touching of human genitals, pubic regions, buttocks, or female breasts; and

      (3)   Human genitals in a state of sexual stimulation or arousal.

   TRANSFER OF OWNERSHIP OR CONTROL. Of a sexually oriented business, includes any of the following:

      (1)   The sale, lease, or sublease of the business;

      (2)   The transfer of securities, partnership interests, membership interest, or indicia of ownership rights which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

      (3)   The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, including transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

(Ord. 02-05, passed 8-5-2002)

   (A)   It shall be unlawful for a person to operate a sexually oriented business without a valid special use permit issued by the city.

   (B)   An application for a permit must be made on a form provided by the city. The application must be accompanied by a sketch or diagram showing the configuration of the business premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

   (C)   The application for a permit shall be upon a form provided by the Zoning Administrator. An applicant for a permit, which shall include all partners or limited partners of a partnership applicant, and all officers and directors of a corporate applicant and all stockholders including more than 5% of the stock of a corporate applicant, or any other person who is interested directly in the ownership or operation of the business, shall furnish the following information under oath:

      (1)   Name and address, including all aliases;

      (2)   Date of birth;

      (3)   Social Security number;

      (4)   Michigan vehicle operator’s license number;

      (5)   Written proof that the individual is at least 18 years of age;

      (6)   All residential addresses of the applicant for the past three years;

      (7)   The applicant’s height, weight, color of eyes and hair;

      (8)   The business, occupation, or employment of the applicant for five years immediately preceding the date of application;

      (9)   Whether the applicant previously operated in this or any other county, city, or state under an adult entertainment establishment license or similar business license; whether the applicant has ever had such a license revoked or suspended, the reason therefor, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation;

      (10)   All criminal, whether federal or state, or city ordinance violation convictions, forfeiture of bond, or pleadings of nolo contendere on all criminal charges;

      (11)   Fingerprints and two portrait photographs at least two inches by two inches of the applicant;

      (12)   The address of the adult entertainment establishment to be operated by the applicant; and

      (13)   If the applicant is a corporation, the application shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agent, and the name and address of all shareholders owning more than 5% of the stock in the corporation, and all officers and directors of the corporation.

   (D)   The fact that a person possesses other types of state or county permits and/or licenses does not exempt him or her from the requirement of obtaining a special use permit from the city under this section.

   (E)   The application shall be accompanied by the following:

      (1)   Payment of the application fee in full;

      (2)   Proof of current fee ownership of the tract of land on which the sexually oriented business is to be situated in the form of a copy of the recorded deed, land contract, or other instrument of conveyance; and

      (3)   If the persons identified as the fee owner(s) of the tract of land in division (E)(2) above are not also the owners of the sexually oriented business, then the lease, purchase contract, purchase option contract, lease option contract, or other documents evidencing the legally enforceable right of the ownership or proposed ownership of the premises to have or obtain the use and possession of the premises or portion thereof that is to be used for the purpose of the operation of the sexually oriented business. 

   (F)   The application shall contain a statement under oath that:

      (1)   The applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct; and

      (2)   The applicant has read the provisions of this section.

(Ord. 02-05, passed 8-5-2002) Penalty, see § 153.999

   (A)   Upon receipt of an application and fee, the Zoning Administrator shall promptly review the application and supporting documents for completeness and proper execution. If found to be complete and properly executed, the Zoning Administrator shall forward the application and other documents to the Planning Commission for review and hearing under § 153.305. The Planning Commission may grant a special use permit if the application is in compliance with all of the requirements of the granting of a special use permit, and the requirements contained in this section, including:

      (1)   The applicant is 18 years of age or older;

      (2)   The applicant shall not be overdue or delinquent in payment of taxes, fines, or penalties assessed against or imposed upon applicant in relation to a sexually oriented business conducted in the city;

      (3)   The applicant has made full and accurate representations and has truthfully answered all questions and requests for information on the application form;

      (4)   The applicant shall not have been denied a permit by the city or another governmental entity to operate a sexually oriented business within the preceding 12 months, and has not had a license to operate a sexually oriented business in the city or elsewhere revoked within the preceding 12 months;

      (5)   The premises to be used for the sexually oriented business has been approved by the Health Department for the use intended, if applicable;

      (6)   The applicant has not been convicted within five years immediately preceding the application date of any of the following criminal offenses in any jurisdiction: prostitution, procuring a prostitute, or solicitation of a prostitute; sale, distribution, or display of obscene material; soliciting, procuring, or aiding and abetting an unlawful sexual performance by a minor; possession, sale, or distribution of child pornography; public lewdness; indecent exposure, indecent conduct with a child; sexual assault or rape; incest; or sexual solicitation of a child;

      (7)   If the applicant is a corporation:

         (a)   All officers, directors, and stockholders required to be named shall be at least 18 years of age;

         (b)   No officer, director, or stockholder required to be named shall have been convicted within five years immediately preceding the application date of any of the following criminal offenses in any jurisdiction: prostitution, procuring a prostitute, or solicitation of a prostitute; sale, distribution, or display of obscene material; soliciting, procuring, or aiding and abetting an unlawful sexual performance by a minor; possession, sale, or distribution of child pornography; public lewdness; indecent exposure, indecent conduct with a child; sexual assault or rape; incest; or sexual solicitation of a child; and

         (c)   No officer, director, or stockholder required to be named shall have been found to have previously violated this subchapter or a substantially similar ordinance within five years immediately preceding the date of the application.

      (8)   If the applicant is a partnership, joint venture, or any other type of organization where two or more persons have a financial interest:

         (a)   All persons having a financial interest in the partnership, joint venture, or other type of organization shall be at least 18 years of age;

         (b)   No person having a financial interest in the partnership, joint venture, or other type of organization shall have been convicted within five years immediately preceding the application date of any of the following criminal offenses in any jurisdiction: prostitution, procuring a prostitute, or solicitation of a prostitute; sale, distribution, or display of obscene material; soliciting, procuring, or aiding and abetting an unlawful sexual performance by a minor; possession, sale, or distribution of child pornography; public lewdness; indecent exposure, indecent conduct with a child; sexual assault or rape; incest; or sexual solicitation of a child; and

         (c)   No person having a financial interest in the partnership, joint venture, or other type of organization shall have been found to have violated any provision of this subchapter or a substantially similar ordinance within five years immediately preceding the date of the application.

   (B)   The Planning Commission may impose reasonable conditions in conjunction with the approval of a special use permit for a sexually oriented business.

   (C)   The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, and the address of the sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.

(Ord. 02-05, passed 8-5-2002) Penalty, see § 153.999

   An applicant or permittee shall allow the City Zoning Administrator or representatives of the City Code Enforcement Office to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law at any time it is occupied or open for business.

(Ord. 02-05, passed 8-5-2002)

   (A)   The City Commission may revoke or suspend a license or permit for any of the following reasons:

      (1)   A permittee gave false or materially misleading information in the application process;

      (2)   A permittee has been convicted of using and/or allowing the use of controlled substances on or in the premises of the sexually oriented business;

      (3)   A permittee or employee of the sexually oriented business has been convicted of prostitution or other activity fostering, promoting, or otherwise facilitating prostitution;

      (4)   A permittee or employee of the sexually oriented business has been convicted of any crime of a sexual nature or involving sexual conduct or the solicitation thereof;

      (5)   A permittee has been convicted of knowingly allowing a person under 18 years of age to enter the sexually oriented business;

      (6)   There has been a transfer of ownership or control of the sexually oriented business without prior approval as required herein; or

      (7)    The operator or any employee of the operator has violated any provision of this subchapter.

   (B)   The Commission, before revoking or suspending any permit, shall give the operator at least ten days’ written notice of the charges against him or her, and the opportunity for a public hearing before the City Commission, as hereinafter provided.

      (1)   Before the City Commission revokes or suspends a license issued herein, the City Commission shall cause written notice to be sent by certified mail to the licensee or applicant affected, at the address stated in the license or application, informing the person of the right to a hearing upon request.

      (2)   If the licensee does not request a hearing within 14 days of the date the notice was sent, the license may be forthwith revoked or suspended. If the licensee requests a hearing before the City Commission regarding the proposed revocation or suspension, the hearing shall be held with 21 days after the date of the written request.

      (3)   Any license issued by the city may be immediately suspended by the City Manager or duly appointed city official if it is determined that the licensee has violated or someone at or upon the licensed location has violated the city ordinance or state law and that continued operation under the license is contrary to the public health, safety, and welfare. A licensee shall have the right to a hearing before the City Commission on any license suspension by the City Manager, and notice thereof shall be given in accordance with the preceding divisions.

      (4)   Both the city and the licensee shall be afforded a reasonable opportunity to present evidence on the issue at the hearing.

(Ord. 02-05, passed 8-5-2002)

   A permittee shall not transfer a special use permit to another person, nor shall a permittee operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application. Transfers of the ownership, control, and/or operation of a sexually oriented business shall require the new person or entity to comply with the application and approval provisions of this section.

(Ord. 02-05, passed 8-5-2002)

   (A)   A sexually oriented business shall only be operated in the I-1 Light Industrial District which is located in the southeastern portion of the city along Bean Street.

   (B)   A sexually oriented business may not be operated within 1,000 feet of:

      (1)   A church, synagogue, or regular place of religious worship;

      (2)   A public or private school; or

      (3)   Another sexually oriented business.

   (C)   A sexually oriented business may not be operated within 500 feet of:

      (1)   A boundary of any residential zoned district or any residential structure;

      (2)   A licensed day care center; or

      (3)   A public park.

   (D)   A sexually oriented business may not be operated within 500 feet of:

      (1)   A campground or recreational vehicle park; or

      (2)   An outdoor recreational park.

   (E)   A sexually oriented business may not be operated in the same building, structure, or portion thereof containing another sexually oriented business.

   (F)   For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structure or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a church, synagogue, regular place of worship, or public or private school, or to the nearest boundary of an affected public park, residential district, or residential lot, licensed day care center, camp ground/recreational vehicle park or an outdoor recreational park.

   (G)   For purposes of division (E) of this section, the distance between any two sexually oriented business uses shall be made from the closest exterior wall of the structure in which each business is located.

(Ord. 02-05, passed 8-5-2002)

   A person who operates or causes to be operated an adult entertainment establishment shall comply with the following requirements.

   (A)   The premises shall meet all barrier-free requirements and Building Code requirements.

   (B)   Hours of operation shall be limited to 8:00 a.m. to 2:00 a.m.

   (C)   Parking layouts shall not adversely affect the flow of traffic within the site, or to and from the adjacent streets.

   (D)   All off-street parking areas shall be sufficient for all vehicles patronizing the establishment, shall be illuminated during all hours of operation with down-shining lighting, and shall be open to view from the adjacent street.

   (E)   Grounds maintenance shall include routine clearing of rubbish and trash from the grounds, and hauling away of same at least once per week as weather permits.

   (F)   No person shall reside in or permit any person to reside in the premises of an adult sexually oriented business.

   (G)   No person shall become the lessee or sublessee of any property for the purpose of using the property for a sexually oriented business without the express written permission of the owner of the property.

(Ord. 02-05, passed 8-5-2002) Penalty, see § 153.999

   (A)   It shall be unlawful for an owner or operator of a sexually oriented business to allow the merchandise or activities of the establishment to be visible from a point outside the establishment.

   (B)   It shall be unlawful for the owner or operator of a sexually oriented business to allow the exterior portion of the sexually oriented business to have any words, lettering, photographs, silhouettes, drawings, or pictorial representations of a sexual or explicit manner.

   (C)   Signs shall contain no photographs, silhouettes, drawings, or pictorial representations of any kind, and may contain only the name of the enterprise.

(Ord. 02-05, passed 8-5-2002) Penalty, see § 153.999

   (A)   It shall be unlawful to allow a person who is younger than 18 years of age to enter or be on the premises of a sexually oriented business at any time that the sexually oriented business is open for business.

   (B)   It shall be the duty of the operator of each sexually oriented business to ensure that an attendant is stationed at each public entrance to the sexually oriented business at all times during the sexually oriented business’ regular business hours. It shall be the duty of the attendant to not allow any person under the age of 18 years to enter the sexually oriented business. It shall be presumed that an attendant knew a person was under the age of 18 unless the attendant asked for and was furnished:

      (1)   A valid operator’s, commercial operator’s, or chauffeur’s license; or

      (2)   A valid personal identification certificate reflecting that the person is 18 years of age or older.

(Ord. 02-05, passed 8-5-2002) Penalty, see § 153.999

   The following are exempt from the provisions of this section: the appearance of a person in a state of nudity in a modeling class, a class, dance class, or theater class/production operated:

   (A)   By a proprietary school, licensed by this state, a college, junior college, or university supported entirely or partly by taxation; and

   (B)   By a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

(Ord. 02-05, passed 8-5-2002)

   (A)   Any notice required or permitted to be given by the city or other agency under this subchapter to any applicant, operator, or owner of an establishment may be given either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent address as specified in the application for the permit, or transfer application that has been received by the city, or any notice of address change that has been received by the city. Notices mailed as above shall be deemed given upon their deposit in the United States mail. In the event that any notice given by mail is returned by the postal service, the city shall cause it or a copy thereof to be posted at the principal entrance to the establishment.

   (B)   Any notice required or permitted to be given to the city by any person under this subchapter shall not be deemed given until and unless it is received in the principal office of the city.

   (C)   It shall be the duty of each owner who is designated on the permit application and each operator to furnish notice to the city, in writing, of any change of residence or mailing address.

(Ord. 02-05, passed 8-5-2002)

   (A)   Any business lawfully operating on the effective date of this subchapter that is in violation of the location or structural configuration requirements of this subchapter shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming.

   (B)   A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a church, synagogue, or regular place of religious worship, or public or private school, within 1,000 feet, or the location of a boundary of any residential zoned district or any residential structure, a licensed day care center or a public park within 500 feet or the location of a campground/recreational vehicle park or an outdoor recreational park within 500 feet. This provision does not apply when an application for a permit is submitted after a permit has expired or has been revoked.

(Ord. 02-05, passed 8-5-2002) Penalty, see § 153.999

   A person who operates or causes to be operated a sexually oriented business without a valid permit or otherwise violates this subchapter and shall be subject to a suit for injunctive relief and/or revocation of the sexually oriented business permit, as well as fines or other penalties as provided by this subchapter, or other applicable law.

(Ord. 02-05, passed 8-5-2002) Penalty, see § 153.999

   (A)   Once established, a sexually oriented business may not be expanded in any manner without first applying for and receiving the approval of the Planning Commission through the special use permit process.

   (B)   If the regulated use is voluntarily discontinued, the use may not be reestablished without first applying for and receiving a new special use permit.

   (C)   Nothing herein shall prevent the reconstruction, repairing, or rebuilding and continued use of any building or structure under the regulation of this subchapter, which is damaged by fire, collapse, explosion, or any other involuntary cause.

(Ord. 02-05, passed 8-5-2002)

   (A)   This subchapter and the various parts, sections, divisions, sentences, phrases, and clauses thereof are hereby declared severable. If any part, section, division, sentence, phrase, or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this subchapter shall not be affected.

   (B)   The captions included at the beginning of each section are for convenience only and shall not be considered a part of this subchapter.

(Ord. 02-05, passed 8-5-2002)

   No officer, agent, or member of the city shall render himself or herself personally liable for any damage which may occur to any person or entity as a result of any act or decision performed in the discharge of his or her duties pursuant to this subchapter.

(Ord. 02-05, passed 8-5-2002)

   The effective date of this subchapter is August 20, 2002.

(Ord. 02-05, passed 8-5-2002)