Taylor City Zoning Code

ARTICLE 13

- USE REQUIREMENTS

Specific regulations apply to the following uses. These regulations apply in addition to all of the regulations of the zoning district in which the site is located in addition to the provisions of article 14, general provisions, article 15, accessory buildings and uses; article 16, general site development requirements; article 17, off-street parking, loading, access and circulations requirements; and article 18 signs.

Sec. 13.01.- Residential uses.

(a)

Home occupations.

(1)

Articles or services shall not be sold or offered for sale on the premises, except as such as is produced on the premises by such occupation.

(2)

Home occupations shall only be conducted in an enclosed principal building.

(3)

Internal or external alterations or construction features, utility service, equipment, machinery, outdoor storage, or signs not customary in residential areas shall not be permitted.

(4)

Only members of the immediate family residing on the premises, shall be employed in the home occupation.

(5)

The home occupation shall be clearly an accessory and secondary to the use of the dwelling for dwelling purposes.

(6)

The residential character of the dwelling shall not be changed.

(7)

There shall be no commercial vehicles weighing over 4,500 pounds on the property.

(8)

No equipment or process shall be used that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence. 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 off the premises.

(b)

Single-family detached dwellings.

(1)

Every dwelling unit hereafter erected with the exception of mobile homes within manufactured home parks shall have a minimum square footage of floor space as required in the area, height, and placement requirements for the district the dwelling is located. For the purpose of this ordinance, a basement or cellar shall not count as a story and a breezeway or garage shall not be included in the computation of ground floor area.

(2)

Every dwelling shall comply with all pertinent building and fire codes. In the case of manufactured homes, the standards for mobile home construction as contained in the United States Department of Housing and Urban Development (HUD) regulations entitled Mobile Home Construction and Safety Standards as amended, shall apply. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

(3)

Single-family dwellings shall have a minimum width across the front elevation of 24 feet and minimum dimensions along any side or rear elevation of no less than 16 feet and comply in all respects with the state construction code. If there are any extensions or additions to the front of the dwelling, the minimum width of any such secondary front elevation shall be 12 feet and shall also comply in all respects with the state construction code.

(4)

Single-family dwellings shall be firmly attached to a permanent foundation constructed on the site in accordance with all applicable state construction codes and other state and federal regulations.

(5)

Single-family dwellings shall not have exposed wheels, towing mechanism, undercarriage, or chassis.

(6)

The dwelling shall be connected to a public sewer and water supply or to such private facilities approved by the county health department.

(7)

The dwelling shall contain storage area whether in a basement located under the dwelling, in an attic area, in closet areas or in a separate structure being of standard construction similar to, or of better quality than, the principal structure. The storage shall be in addition to the space for the storage of automobiles and shall be equal to not less than 15 percent of the minimum square footage requirement of this ordinance for the zone in which the dwelling is located. In no case, however, shall more than 200 square feet of storage area be required by this provision.

(8)

Dwelling units shall have a roof with a minimum 4:12 pitch and minimum eight-inch eave, and with a gutter drainage system that will collect and concentrate the discharge of stormwater or snow away from the sides of the dwelling. The roof shall have wood shake, asphalt or other acceptable shingles, and meet the snow load standards for southern Michigan. The roof pitch requirement may be waived by the building services department for specific architectural styles that do not typically have pitched roofs, such as modernistic or international style buildings.

(9)

There shall be not less than one exterior door on the front of the dwelling with permanently attached steps connected to the exterior door area where required by a difference in elevation.

(10)

All dwellings shall be compatible in design and appearance with the character, design, and appearance of one or more residential dwellings located outside of mobile home parks within 1,000 feet of the subject dwelling. Where the surrounding area is less than 20 percent developed, the determination shall be made by the character, design, and appearance of residential dwellings located outside of manufactured home parks throughout the city. The development services department shall make the determination of compatibility upon review of the plans submitted for a particular dwelling based upon the following standards:

Architectural style is not restricted. Evaluation of the appearance of a project shall be based on the quality of its design and relationship to its surroundings.

Buildings shall have a good scale and be in harmonious conformance with permanent neighboring development.

Materials shall have good architectural character and shall be selected for harmony of the building with adjoining buildings.

Materials shall be selected for suitability to the type of buildings and the design in which they are used. Buildings shall have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public rights-of-way.

Materials shall be of durable quality.

In any design in which the structural frame is exposed to view, the structural materials shall be compatible within themselves and harmonious with their surroundings.

Building components, such as windows, doors, eaves, and parapets, shall have good proportions and relationships to one another.

The roof overhang and pitch shall be comparable to the overhang and pitch of homes typically found in the surrounding area, provided the pitch of the roof shall not be less than one foot of rise for each four feet of horizontal run.

The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the standard designed home.

(11)

The compatibility of design and appearance shall first be determined by the development services department, subject to appeal by an aggrieved applicant to the zoning board of appeals (ZBA) within a period of 30 days from the receipt of notice of the development services department's decision.

(12)

The foregoing standards shall not apply to a manufactured home located in a licensed manufactured home park except to the extent required by state or federal law or otherwise specifically required in the ordinance of the city pertaining to such parks.

(c)

Multiple-family development, including apartments, townhouses, two-family dwellings and attached residential developments.

(1)

Two points of access for a multiple or townhouse site containing more than 20 dwelling units is required for emergency vehicle access. A boulevard may be utilized for dual access, provided the median strip is a minimum of 25 feet in width. No cul-de-sac street shall be more than 300 feet in length and a suitable turning space shall be provided for vehicles at the terminus of all dead end streets. Entrances to private streets shall not have locked gates or barricades that would impede fire and safety vehicle apparatus response.

(2)

All dwelling units shall be readily accessible by fire and emergency vehicles from a paved public street, paved private access street or an approved paved area. Private streets dedicated as fire lanes shall be posted with signs indicating "Fire Lane, No Parking."

(3)

Entrances to a dwelling unit or building shall not be more than 100 feet from a parking lot, measured along the sidewalk leading to the parking lot.

(4)

Internal site sidewalks shall be provided and located five feet from and parallel to access drives, and also located to provide convenient access to community buildings and parking areas from dwelling units. Sidewalks shall be constructed of concrete five feet wide.

(5)

Ornamental street and yard lights shall be provided as approved by the city. Lighting shall be provided in sufficient number and intensity to permit the safe movement of vehicles and pedestrians at night, and shall be effectively related to buildings, trees, walks, steps and ramps. Such lights shall be utilized at least during the period of one hour after sundown to one hour before sunrise.

(6)

To facilitate fire protection during site preparation and construction of buildings, the following shall be required:

Water mains and fire hydrants shall be installed prior to construction above the foundation.

Prior to construction of multiple residential buildings and other large structures, a hard and sufficient roadbed shall be provided to accommodate access of emergency service vehicles and firefighting equipment to the immediate job site at the start of construction and maintained until all construction is completed.

Free access from the street to fire hydrants and to outside connections for standpipes, sprinklers, or other fire extinguishing equipment, whether permanent or temporary, shall be provided and maintained at all times.

The contractor shall provide scheduled daily clean-up of scrap lumber, paper products, corrugated cardboard and other debris caused by construction. If debris is stored in a pile, it shall be located at a distance well away from any structure.

(7)

Carports shall be designed with screening which prohibits headlights from shining onto adjacent properties.

(8)

Lighting from tennis courts/swimming pools and other outdoor activity areas be down shielded and shall meet the exterior lighting requirements of section 16.05, lighting.

(Ord. No. 09-434, § 13.01, 1-20-2009)

Sec. 13.02. - Agriculture and animal uses.

(a)

Commercial kennels.

(1)

Buildings where animals are kept, animal runs, and/or exercise areas shall be setback a minimum of 100 feet of any adjacent residential district or use, and shall not be located in any required front, rear or side yard setback area.

(2)

All kennels shall be operated in conformance with all county, state and city regulations, and maintain valid kennel licenses.

(b)

Farms and accessory roadside stands.

(1)

Minimum parcel area shall be ten acres outside a platted subdivision.

(2)

Accessory buildings shall be setback a minimum of 150 feet from any existing right-of-way and 50 feet from any side lot line.

(3)

Livestock shall not be kept.

(4)

All accessory roadside stands shall meet the following requirements:

The gross floor area of the temporary building shall be not less than 50 square feet but not more than 250 square feet.

Suitable containers for rubbish shall be placed on the premises for public use.

The temporary building shall be located not less than 25 feet from the public street right-of-way. Height shall be no more than one story.

Off-street parking as required by section 17.01, off-street parking, loading, access and circulation requirements, shall be provided in the required front yard setback area, and shall be constructed in accordance with section 17.02, off-street parking facility design, except hard surfacing shall not be required.

(c)

Pet day care.

(1)

A housing area and dog run of at least 120 square feet per animal shall be provided and shall include an adequate area for shade from the sun. The pens and dog runs shall not be located in the front yard.

(2)

An on-site drive shall be provided for drop-offs. This drive shall be arranged to allow one-way flows for drop-off lanes with no stacking in the right-of-way.

(d)

Veterinary clinic.

(1)

Buildings where animals are kept, animal runs, and/or exercise areas shall be setback minimum of 100 feet of any adjacent residential district or use, and shall not be located in any required front, rear or side yard setback area.

(2)

All activities shall be within an enclosed building.

(3)

The boarding of animals shall be prohibited, except for shortterm recovery, unless the clinic has received approval for use as a commercial kennel in accordance with the regulations of section 13.02(a), commercial kennels.

(Ord. No. 09-434, § 13.02, 1-20-2009)

Sec. 13.03. - Public and institutional uses.

(a)

Cemeteries.

(1)

Cemeteries shall have a minimum lot size of ten acres.

(2)

All buildings and structures shall be setback a minimum of 200 feet from all lot lines.

(3)

The site shall have access to a major street as defined in section 28.11(q), streets.

(4)

Cemeteries shall maintain a fence around the perimeter of the property in accordance with section 15.03, fences and walls.

(b)

Colleges, universities, and other institutions of higher learning, offering courses in general, technical or religious education.

(1)

Colleges shall have a minimum lot size of three acres.

(2)

Where a campus with multiple buildings exists, all buildings shall be setback a minimum of 40 feet from all lot lines.

(3)

The site shall have access to a major street as defined in subsection 28.11(q), streets.

(c)

Institutional uses, places of public assembly and places of worship. Institutional uses, places of public assembly and places of worship, as well as other facilities normally incidental thereto with a seating capacity of less than 1,500 people or parking for less than 500 vehicles or more:

(1)

Minimum lot width shall be 150 feet.

(2)

Off-street parking shall be prohibited within the front setback area and within 20 feet of the rear or side lot line.

(3)

Landscape greenbelts and buffer zones shall be provided for institutional uses in accordance with section 16.02, landscaping.

(4)

The site shall have access to a paved arterial or collector street as defined in the master plan.

(5)

Storage of buses, trucks and maintenance equipment shall be entirely within a totally enclosed building.

(6)

There shall be no outside loudspeaker or amplified sound outside of a totally enclosed building. This restriction does not apply to church bells, call to prayer or other similar purpose.

(7)

Outdoor lighting of buildings and grounds shall be completely shielded from abutting residential areas.

(d)

Large-scale institutional uses, places of public assembly and places of worship. Large-scale institutional uses, places of public assembly and places of worship with a seating capacity of 1,500 people or more or parking for 500 vehicles or more shall be subject to the following:

(1)

The site shall have at least 150 feet of frontage on a major thoroughfare as designated on the master plan with an existing or planned right-of-way of not less than 120 feet. All access to the site shall be from major thoroughfares.

(2)

All buildings shall have a setback a minimum of 50 feet from any lot line in an abutting one-family residential district, unless such abutting lot is occupied by an existing institutional use other than a dwelling unit.

(3)

All structures and parking and loading areas shall be set back a minimum of 20 feet from a side or real lot line when the lot line abuts a one-family residential district. The minimum setback area shall be landscaped as a greenbelt and shall include a five-foot high wall or berm.

(4)

Adequate site space to allow for expansion shall be provided without causing an impact on the residential neighborhood.

(5)

Storage of buses, trucks and maintenance equipment shall be entirely within a totally enclosed building.

(6)

There shall be no outside loudspeaker or amplified sound outside of a totally enclosed building. This restriction does not apply to church bells, call to prayer or other similar purpose.

(7)

Outdoor lighting of buildings and grounds shall be completely shielded from abutting residential areas.

(Ord. No. 09-434, § 13.03, 1-20-2009)

Sec. 13.04. - Retail uses.

(a)

Lumber and building material sales and storage yards.

(1)

All outdoor storage of building, contracting, or plumbing materials, sand, gravel, stone, lumber, equipment, and other supplies, shall be setback a minimum of 150 feet from any street right-of-way line.

(2)

A street shall be provided, graded, paved, and maintained from the street to the rear of the property to permit free access of emergency service vehicles and firefighting equipment at any time.

(3)

All outdoor storage shall be screened on all sides, by a solid eight-foot permanent wall or fence and all stored materials shall not be piled to a height of more than eight feet.

(b)

Nurseries and similar outdoor retail sale. Nurseries and similar outdoor retail sale of trees, fruits, vegetables, shrubbery, plants, seed, topsoil, humus, fertilizer, trellises, lawn furniture, other home garden supplies and equipment and similar uses.

(1)

A five-foot tall ornamental fence or wall shall be constructed along the rear and sides of the lot, capable of keeping paper and other debris from blowing off the premises.

(2)

Storage or materials display areas shall meet all the yard setback requirements applicable to buildings in the district.

(3)

Storage areas shall be hard-surfaced, except the development services department may allow a gravel surface where dust control measures are utilized.

(4)

Outdoor speakers used for PA systems or music shall be prohibited.

(c)

Precious metal and gem dealer. A precious metal and gem dealer shall also be subject to all of the requirements of the precious metal and gem dealers ordinance contained in chapter 38 of the Municipal Code and applicable state law.

(d)

Retail businesses.

(1)

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

(2)

All businesses shall be conducted within a completely enclosed building, unless otherwise approved for outdoor sales or display.

(e)

Retail business offering a drive-through service.

(1)

The drive-through must be attached to the structure.

(2)

The drive-through, including any associated lighting shall be screened from any adjacent residential district or use.

(3)

Clear identification and delineation between the drive-through and the parking lot shall be provided.

(4)

Each drive-through shall provide an escape lane to allow other vehicles to pass those waiting to be served. The planning commission may waive the requirement for an escape lane where it can be demonstrated that such a waiver will not result in an adverse effect on public safety or the convenience of patrons.

(5)

The drive-through shall be located on the side or rear elevation of the building to minimize visibility from the public or private street.

(Ord. No. 09-434, § 13.04, 1-20-2009; Ord. No. 11-459, § 1, 7-5-2011)

Sec. 13.05. - Motor vehicle uses.

(a)

Automobile filling stations.

(1)

Minimum lot area shall be 20,000 square feet for automobile service and filling stations. For each additional accessory use, such as but not limited to, a fast-food restaurant, carwash, or convenience store, an additional 5,000 square feet of lot area shall be provided.

(2)

Minimum lot width shall be not less than 150 feet for automobile service and filling stations.

(3)

The site shall have access to a major street as defined in subsection 28.11(q), streets.

(4)

A gasoline pump area canopy may be permitted in the required front yard provided that such canopy does not encroach upon the public right-of-way. The maximum height between the drive surface and the underside of the canopy shall be 14 feet.

(5)

All gasoline pumps shall be located a minimum of 20 feet from any lot line, and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any public sidewalk, street or right-of-way.

(6)

The design and materials of the canopy shall be compatible with the principal building. The proposed clearance of any canopy shall be noted on the site plan. Any signs, logo or identifying paint scheme on the canopy shall be reviewed by the planning commission and considered part of the maximum wall sign permitted. Canopy lighting shall be recessed such that the light source cannot be seen from off-site.

(7)

The storage sale or rental of new or used cars, trucks, trailers, and any other vehicles on the premises is expressly prohibited.

(8)

All equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building.

(9)

Vehicle service centers/fueling stations that offer vehicle maintenance and repair shall also be subject to the requirements of subsection 13.04(b) below. Vehicle service centers/fueling stations that include restaurants or other uses shall also be subject to the requirements of those other uses.

(b)

Automobile impound facilities and vehicle towing companies.

(1)

The minimum size of the site shall be six acres.

(2)

All vehicles stored in the impound lot shall be in working condition or vehicles that were damaged in a crash and towed to facility for temporary storage.

(3)

All vehicle storage areas shall be paved.

(4)

Storage areas shall be designed to provide adequate vehicle circulation and fire access.

(5)

The site shall meet the requirements of section 14.10, performance standards, and provide the landscape greenbelts and buffer zones required for industrial outdoor storage by section 16.02, landscaping.

(6)

Storage of vehicles awaiting repair shall be limited to no more than five such vehicles for each repair bay. In no case shall vehicles be stored for a period in excess of 15 days. All vehicles shall be stored on a paved surface. Storage of wrecked, partially dismantled, or other derelict vehicles is prohibited, unless required under police or court order.

(c)

Automobile pawn facilities.

(1)

Shall meet all the requirements of open-air business and/or vehicular storage lot as described in this article, as well as state pawn regulations.

(2)

Shall meet all state and local police requirements.

(d)

Motor vehicle maintenance and minor repair. Motor vehicle maintenance and minor repair (including vehicle care services centers, minor vehicle repair, including oil changes and lubrication; servicing and repair of spark plugs, batteries, pumps, belts, hoses, air filters, windshield wipers and distributors; replacement of mufflers and exhaust systems, brakes and shock absorbers; radiator cleaning and flushing).

(1)

Ingress and egress drives shall not be more than 30 feet in width.

(2)

The site shall have access to a major street as defined in subsection 28.11(q), streets.

(3)

The storage, sale or rental of new or used cars, trucks, trailers, and any other vehicles on the premises is expressly prohibited.

(4)

There shall be no above ground outdoor storage/dispensing tanks on-site.

(5)

All repair shall be conducted within a completely enclosed building. All equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building.

(6)

Outside storage areas for trash, used tires, auto parts and similar items shall be prohibited.

(7)

(e)

Motor vehicle major engine/body repair and truck repair.

(1)

Such use shall have a minimum lot size of two acres.

(2)

Such use shall always be located on a lot having frontage along a commercial street of not less than 150 feet.

(3)

Major automobile or truck repair shall be setback a minimum of 200 feet from any residential district.

(4)

All repairs shall be conducted within a completely enclosed building.

(5)

All necessary steps shall be taken to insure that any resulting dust, flushing, fumes, gas, noise, odor, smoke, vapor or vibration do not create a condition more detrimental to the surrounding areas than would result from other permitted uses.

(6)

Outdoor storage of rubbish, junked equipment or parts is prohibited.

(7)

Vehicles awaiting repair shall be stored on a paved surface. Storage of wrecked, partially dismantled, or other derelict vehicles is prohibited, unless required under police or court order.

(8)

A major automobile or truck repair garage use shall not include the parking or storage of dismantled, nonlicensed or nonrepairable vehicles of any kind, unless ordered by a law enforcement agency. The storage, sale or rental of mechanical equipment, new or used cars, motorcycles, minibikes or similar vehicles, wrecked or otherwise, shall not be considered a use or accessory use to an automobile and truck repair garage.

(f)

Motor vehicle wash and detailing establishments.

(1)

Minimum lot size shall be 10,000 square feet.

(2)

Vacuuming activities may be carried out only in the rear yard and be setback a minimum of 50 feet from any adjacent residential district or use. In no instance shall the A weighted sound level from the vacuuming activity exceed 65 dB(A) when measured at the lot line.

(3)

All washing activities must be carried on within a building.

(4)

The entrances and exits of the facility shall be from within the lot and not directly to or from an adjoining street or alley. A street or alley shall not be used as maneuvering or parking spaces for vehicles to be serviced by the subject facility.

(5)

Provision shall be made for drying of the automobiles undercarriage during sub-freezing weather prior to entering the public thoroughfare. There shall be a drip-zone of at least 50 feet.

(g)

New and used automobile, boat, equipment, mobile home, recreation vehicle, and truck and trailer rental and sales, including outdoor display areas.

(1)

Damaged vehicles shall not be stored outside.

(2)

Off-street parking as required by section 36-03 shall not be used for the storage or display of new or used vehicles.

(3)

All loading and unloading of new or used vehicles or equipment shall be strictly on-site and a loading and unloading area shall be provided in compliance with section 17.03 Off-Street Loading Requirements of this appendix. All loading and loading areas shall be provided in the side or rear yards.

(4)

Used automobile, boat, mobile home, recreation vehicle and truck and trailer rental and sales shall be permitted only in conjunction with a new vehicle sales and service dealership.

(5)

Accessory uses such as, but not limited to, motor vehicle maintenance and minor repair, motor vehicle major engine/body repair and truck repair or motor vehicle wash and detailing establishments shall all comply with all applicable regulations related to those uses.

(h)

Truck and heavy equipment rental.

(1)

The site shall have access to a paved arterial or collector street as defined in the master plan or an industrial park collector street.

(2)

Parking or storage of rental equipment shall not be permitted in the front yard at any time.

(3)

Outdoor storage may be permitted in the side or rear yard, provided it is screened on all sides by a solid eight-foot permanent wall and all stored materials shall not be piled to a height of more than eight feet. All vehicles shall be stored on a paved surface.

(4)

Any repair or service of the equipment shall be within an enclosed building.

(i)

Truck stops.

(1)

The site shall have access to a paved arterial or collector street as defined in the master plan or through an industrial park collector street.

(2)

Minimum lot area of ten acres.

(3)

Maintenance and repair facilities shall be conducted totally within an enclosed building.

(4)

There shall be no storage of inoperative trailers, vehicles, or waste and recycling materials. Trailers shall not be used for storage.

(5)

The entire parking area shall be paved with a permanent surface of concrete or asphaltic cement and shall be graded and drained in accordance with city standards subject to the approval of the city engineer/DPW director. Any unpaved area of the site shall be landscaped with lawn or other horticultural materials, maintained in a neat and orderly fashion at all times and separated from the paved parking or driveway area by a raised curb or other equivalent barrier.

(6)

All gasoline pumps shall be located not less than 20 feet from any lot line, and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any public sidewalk, street or right-of-way.

(7)

A gasoline pump area canopy shall be permitted in the front yard provided that such canopy does not encroach upon the public right-of-way.

(8)

Accessory uses such as but not limited to restaurants, hotels, motor vehicle maintenance and minor repair, motor vehicle major engine/body repair and truck repair or motor vehicle wash and detail establishments shall comply with all applicable regulations related to those uses.

(Ord. No. 09-434, § 13.05, 1-20-2009; Ord. No. 11-461, § 1, 7-5-2011)

Sec. 13.06. - Lodging and food service uses.

(a)

Drive-in, drive-through or carryout restaurant.

(1)

The site shall have access to a major street as defined in subsection 28.11(q), streets.

(2)

The drive-through window shall be on the rear side of the building or on the side wall. The side of the building with the drive-through lane shall be setback a minimum of 20 feet from any lot line.

(3)

Clear identification and delineation between the drive-through and the parking lot shall be provided. The location of the drive-through and stacking lane shall not impede the flow of on-site traffic.

(4)

Each drive-through shall provide an escape lane to allow other vehicles to pass those waiting to be served.

(5)

Any drive-through integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.

(b)

Restaurants and taverns with accessory outdoor seating.

(1)

The seating area shall be delineated with ornamental fences or walls that are a minimum of three feet tall.

(2)

Pedestrian circulation and access to the building entrance shall not be impaired. Access to the outdoor seating shall be provided only through doors leading into the building.

(3)

The seating area shall be kept free of debris and litter. Written procedures for cleaning and trash containment and removal must be submitted.

(4)

Additional signage shall not be permitted.

(5)

There shall be no outdoor preparation of food.

(c)

Taverns, pubs, microbrewery, cocktail lounge, nightclub, bar or other establishment with a license to serve alcoholic beverages.

(1)

An establishment with a license to serve alcoholic beverages shall not be located within 500 feet of a residential zoning district, any nursery, primary, or secondary school or another establishment license to serve alcoholic beverages.

(2)

The planning commission may waive the locational restrictions set forth above for provided all of the following findings are made:

That the proposed use will not be contrary to the public interest or interfere with the use and enjoyment of nearby properties.

That the use will be adequately buffered or separated from nearby schools and residential areas.

That access to the proposed use will be to major thoroughfares and not cause increased traffic, or parking on local residential streets.

(3)

The public hearing notice on a special land use application for an establishment with a license to serve alcoholic beverages shall be mailed to all residents and property owners within 300 feet of the site.

(Ord. No. 09-434, § 13.06, 1-20-2009; Ord. No. 10-446, § 1, 3-16-2010)

Sec. 13.07. - Other service uses.

(a)

Tool and equipment rental, nonindustrial and excluding vehicles.

(1)

(2)

A street shall be provided, graded, paved, and maintained from the street to the rear of the property to permit free access of fire trucks at any time.

(3)

All outdoor storage shall be screened from all streets by a solid eight-foot permanent wall or fence and all stored materials shall not be piled to a height of more than eight feet.

(Ord. No. 09-434, § 13.07, 1-20-2009)

Sec. 13.08. - Finance, insurance, real estate, professional, scientific and technical service uses.

(a)

Banks, credit unions, savings and loan associations with drive-through windows.

(1)

The drive-through, including any associated lighting shall be screened from any adjacent residential district or use.

(2)

Clear identification and delineation between the drive-through facility and the parking lot shall be provided.

(3)

(4)

The drive-through shall be located on the side or rear elevation of the building to minimize visibility from the public or private street.

(Ord. No. 09-434, § 13.08, 1-20-2009)

Sec. 13.09. - Health and human care uses.

(a)

Adult foster care large group home with 13 to 20 residents.

(1)

A loading/unloading area of adequate dimensions shall be provided for delivery vehicles servicing the facility.

(2)

All exterior lighting of entryways, parking spaces, or loading/unloading areas shall not reflect onto adjacent properties and should be motion activated.

(3)

A designated passenger loading/unloading area of adequate dimensions shall be provided near a barrier-free entrance to the facility.

(4)

A landscaped buffer shall be provided along all lot lines that abut a less intense land use and around the visible perimeters of all parking and loading/unloading areas.

(b)

Adult foster care small group home with seven to 12 residents.

(1)

A loading/unloading area of adequate dimensions shall be provided for delivery vehicles servicing the facility.

(2)

All exterior lighting of entryways, parking spaces, or loading/unloading areas shall not reflect onto adjacent properties and should be motion activated.

(c)

Child care centers and day care centers.

(1)

Shall provide a lot area of not less than 700 square feet for each enrolled child.

(2)

The site shall have access to a major street as defined in section 28.11(q), streets.

(3)

A minimum of 150 square feet of usable outdoor play area (minimum total area of 5,000 square feet per facility) shall be provided for each enrolled child.

(4)

The outdoor play area shall be suitable fenced and screened by a heavily planted green belt from any adjacent residential district or use.

(5)

A child loading/unloading area shall be designated.

(6)

On-site vehicular circulation shall be limited to one-way traffic flows, where possible.

(d)

Convalescent homes and nursing homes.

(1)

All buildings shall be set back a minimum of 75 feet from all lot lines.

(2)

The site shall have access to a major street as defined in section 28.11(q), streets.

(3)

The facility shall be designed to provide a minimum of 1,500 square feet of open space for every bed used or intended to be used. This open space shall be landscaped and may not include off-street parking areas, driveways, and accessory uses or areas.

(e)

Funeral homes or mortuary establishments.

(1)

Adequate assembly area shall be provided off-street for vehicles to be used in the funeral procession. Such assembly area will be in addition to required off-street parking.

(2)

A caretakers residence may be provided within the principal building.

(3)

The site shall have access to a paved arterial or collector street as defined in the master plan.

(f)

Group child care homes with seven to 12 children less than 24 hours per day.

(1)

A group child care home shall not be located closer than 1,500 feet to any other the following facilities as measured along the street:

Another licensed group child care home.

An adult foster care large group home licensed by the State of Michigan.

A facility offering substance abuse treatment and rehabilitation services to seven or more people which is licensed by the State of Michigan.

A community correction center, resident home, halfway house or other similar facility which houses an inmate population under the jurisdiction of the department of corrections.

(2)

There shall be a minimum of 700 square feet of outdoor play area. All outdoor play areas shall be enclosed by a nonclimbable fence that is at least 60 inches high.

(3)

The property (landscaping and architecture) shall be maintained in a manner that is consistent with the character of the neighborhood.

(4)

Hours of operation shall not exceed 16 hours in a 24-hour period, and activity shall be limited between the hours of 10:00 p.m. and 6:00 a.m. for the purpose of maintaining a nondisruptive period during nighttime hours.

(5)

A copy of the state license shall be submitted to the city.

(g)

Health care facilities such as hospitals, 24-hour urgent care centers and rehabilitation centers.

(1)

The site shall have access to a major street as defined in section 28.11(q), streets.

(2)

All buildings shall be setback a minimum of 100 feet from any lot line.

(3)

The maximum building height of a hospital shall be permitted up to five stories or 50 feet.

(h)

Senior assisted living.

(1)

The site shall have access to a major street as defined in section 28.11(q), streets.

(2)

The site shall have 1,500 square feet of open space for every one bed. The open space shall provide for landscape setting, off-street parking, service drives, loading space, yard requirements, and space required for accessory uses.

(i)

Senior independent living.

(1)

The site shall be at least five acres in area and may provide for the following:

Cottage type one story dwellings and/or apartment type dwelling units.

Common service areas containing, but not limited to, central dining rooms, recreational rooms, central lounge, and workshops.

(2)

Minimum dwelling unit size shall be 350 square feet per unit (not including kitchen and sanitary facilities).

(3)

Total coverage of all buildings (including dwelling units and related service buildings) shall not exceed 25 percent of the total site area not including any dedicated public right-of-way.

(Ord. No. 09-434, § 13.09, 1-20-2009)

Sec. 13.10. - Art, entertainment and recreation uses.

(a)

Drive-in outdoor theaters.

(1)

The site shall be at least 20 acres in area.

(2)

The site shall have access to a major street as defined in section 28.11(q), streets.

(3)

The lot site shall be at least 500 feet from any residential district. There shall be at least one exit and one entrance to the lot which shall be directly onto the arterial street. Access to any residential street shall not be provided.

(4)

The premises shall be enclosed with a solid screening wall eight feet in height consisting of a permanent material of metal, brick or masonry.

(5)

All points of entrance or exit shall be located no closer than 250 feet to any street intersection.

(6)

Space shall be provided, on-premises, for 50 waiting vehicles to stand at the entrance to the facility.

(7)

The theater screen shall not be placed closer than 100 feet from any public street right-of-way and shall be so constructed as to not be visible to a major street or any residential district.

(b)

Golf courses and country clubs.

(1)

All buildings shall be setback a minimum of 75 feet from all lot lines and 200 feet when adjacent to any residential district.

(2)

A shelter building with toilet facilities shall be provided which meets all requirements of the Wayne County Health Department and the state construction code.

(3)

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

(c)

Outdoor recreation uses, such as golf driving range, or court sports facilities, miniature golf, tennis and similar recreation uses, excluding gun ranges.

(1)

The site shall have access to a major street as defined in section 28.11(q), streets.

(2)

All buildings shall be setback a minimum of 75 feet from all lot lines and 200 feet from any adjacent residential district; provided this requirement may be modified where topography conditions provide a screen from view.

(3)

No active recreation facilities or activities shall take place within 30 feet of the perimeter of the recreation area. All recreation activities shall be adequately screened from abutting property by means of a greenbelt constructed according to the standards of section 16.02, landscaping.

(4)

Related accessory commercial uses may be permitted in conjunction with the recreation use when it is clearly incidental to the main recreation character of the use. Accessory uses that are of a commercial nature, shall be housed in a single building. Minor accessory uses that are related to the operation of the recreation use, such as a maintenance garage, may be located in separate building. Accessory uses shall not include the sale, servicing or repair of any vehicles or equipment used on the site except that owned by the proprietor.

(5)

For uses that include a swimming pool, a protective fence, six feet in height, and entry shall be provided by means of a controlled gate.

(6)

All primary activities associated with such operations and conducted out of doors shall be limited to hours of operation which shall not exceed 9:00 a.m. to 11:00 p.m., unless approval for an extension of that period is obtained from the city council.

(7)

Whenever batting cages, driving ranges, go-cart tracks and other potentially dangerous facilities are included on a particular site, fencing, buffering, crash barriers, back stops, and other protective measures shall be provided as necessary to ensure the continued protection of the public health, safety, and welfare.

(8)

There shall be no open storage of material on the premises. All on-site storage shall take place within a completely enclosed building.

(9)

All repair work must be carried out within an enclosed building.

(d)

Private club, fraternal organizations and lodge halls.

(1)

The site shall have access to a major street as defined in section 28.11(q), streets.

(2)

Only commercial uses ancillary to the club function shall be permitted.

(3)

Land not utilized for buildings, parking, etc., shall be landscaped.

(4)

All parking shall be located in the side or rear yard.

(e)

Private recreational facilities, public recreational facilities and nonprofit swimming pool clubs.

(1)

The site shall have access to a major street as defined in section 28.11(q), streets.

(2)

Front, side and rear yards shall be at least 80 feet wide, and shall be landscaped in trees, shrubs, and grass. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in these yards, except required entrance drives and those walls used to obscure the use from abutting residential districts. Prior to the issuance of a building permit or zoning compliance permit, bylaws of the organization shall be provided in order to establish the membership involved for computing the off-street parking requirements. In those cases wherein the proposed use or organization does not have bylaws or formal membership, the off-street parking requirement shall be determined by the planning commission on the basis of usage.

(3)

Off-street parking shall be provided so as to accommodate not less than one-half of the member families and/or individual members. The planning commission may modify the off-street parking requirements in those instances wherein it is specifically determined that the users will originate from the immediately adjacent areas, and will therefore be pedestrian.

(4)

For uses that include a swimming pool, a protective fence, six feet in height, and entry shall be provided by means of a controlled gate.

(f)

Racetracks, including mini auto, carting, motorcycles, dirt bikes and snow mobile.

(1)

Because race tracks develop concentrations of vehicular traffic in terms of ingress and egress from their parking area and cause noise levels which may project beyond the property so used, they shall be permitted only in I-2 districts when located adjacent to a major street and shall be located on a lot adjacent to industrial districts on all sides, and shall be subject further to the following conditions and such other controls as deemed necessary by the city council to promote health, safety and general welfare:

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

The site shall have access to a paved arterial or collector street as defined in the master plan.

All sides of the development not abutting a major street shall be provided with a 20-foot greenbelt planting and fence or wall so as to obscure from view all activities within the development.

(g)

Recreational equipment storage.

(1)

Recreation equipment storage shall have a minimum lot size of ten acres.

(2)

The use of the premises shall be directly limited only to storage of recreational vehicles, boats and trailers and shall not be used for any auction, sales, transfer business or storage of any other materials.

(3)

The premises shall not be used for the servicing, repair, or fabrication of any vehicle, boat, trailer, appliance, or similar item.

(4)

Limited sale of products and supplies incidental to the principal use, such as ropes, locks, tape, etc., shall be permitted within an enclosed building.

(5)

The storage of combustible or flammable liquids or explosive materials shall be prohibited.

(6)

Vehicles shall not have a fixed connection to electricity, water, gas or sanitary facilities, except for maintenance and cleanup.

(7)

Persons, individuals, groups or families shall not be allowed to occupy any vehicle during nonbusiness hours.

(8)

Storage areas shall be hard surfaced with an asphalt or concrete surface and graded and drained so as to properly dispose of all surface water accumulated within the area subject to the approval of the city engineer/DPW director.

(9)

All recreational vehicles, boats, trailers contained herein shall be locked or secured at all times when not being claimed or moved by the owner so as to prevent access thereto and to prevent accidental release that would permit movement onto abutting property.

(10)

Access drives, parking areas, and maneuvering lanes shall be maintained and located so as to provide access for emergency vehicles at all times.

(Ord. No. 09-434, § 13.10, 1-20-2009)

Sec. 13.11. - Transportation and warehousing uses.

(a)

Mini-warehouse/self-storage facilities.

(1)

The site shall have access to a major street as defined in section 28.11(q), streets.

(2)

Storage of combustible or flammable liquids, combustible fibers, or explosive materials as defined in the fire prevention code or toxic materials, shall not be permitted within the self-storage buildings or upon the premises.

(3)

The use of the premises shall be limited to storage of personal items and business items and shall not be used for operating any other business, maintaining or repairing of any vehicles, storage of recreational equipment, or for any recreational activity or, hobby.

(4)

Storage outside of the self-storage buildings shall not be permitted. RV or vehicle storage shall not be permitted except within the buildings.

(5)

The facility may include moving van/truck rental, which shall be required to also meet the applicable requirements for that use.

(6)

Limited retail sales to tenants of products and supplies incidental to the principal use, such as packing materials, packing labels, tape, rope, protective covers, and locks, and chains shall be permitted on the site devoted to this use.

(7)

The entire site shall be screened from view in accordance with the requirements of section 16.02, landscaping. Doors shall be oriented facing away from a street right-of-way or an adjacent residential district or use and screened from view of the street.

(8)

A security manager shall be permitted to reside on the premises.

(b)

Petroleum or other flammable liquid storage, including fuel storage tank farms.

(1)

The minimum lot size shall be 15 acres.

(2)

The site shall have access to a paved arterial or collector street as defined in the master plan or an industrial park collector street.

(3)

An adequate separation zone shall be established between this use and industrial uses permitted by right subject to the city's fire code.

(4)

The site shall be setback a minimum of 100 feet from any residential district.

(5)

The site shall be fully landscaped, screened, bermed with a six-foot berm, and fenced. Such screening along the perimeter of the site shall be required as determined by the planning commission.

(6)

Prior to the establishment of a facility, an environmental impact statement (EIS) shall be prepared and submitted to the planning commission for review. At a minimum the EIS shall assess the following:

Water, noise, and air pollution associated with the proposed use.

Effect of the proposed use on public utilities.

Historic and archeological significance of the site and adjacent properties.

Displacement of people and other land uses by the proposed use.

Alteration of the character of the area by the proposed use.

Effect of the proposed use on the city's tax base and adjacent property values.

Compatibility of the proposed use with the existing topography, and topographic alterations required.

Impact of the proposed use on surface and groundwater.

Operating characteristics and standards of the proposed use.

Proposed screening and other visual controls.

Impact of the proposed use on traffic.

Impact of the proposed use on the flora and fauna.

Negative shortterm and longterm impacts, including duration and frequency of such impacts, and measures proposed to mitigate such impacts.

(c)

Small package and overnight delivery distribution facilities.

(1)

The site shall have access to a major street as defined in section 28.11(q), streets.

(2)

Delivery vehicles shall not be parked in the required front yard setback.

(3)

All activities other than off-street parking, loading and unloading, and outdoor storage shall be conducted in an enclosed building.

(4)

Off-street parking, loading and unloading areas, and outdoor storage shall be screened from adjacent public streets and any adjacent residential districts.

(5)

The primary usage of the facility shall be by small trucks or vans.

(d)

Truck terminals.

(1)

The site shall have a minimum area of ten acres.

(2)

The site shall have access to a major street as defined in section 28.11(q), streets.

(3)

The site shall meet the standards of section 14.10, performance standards.

(4)

Dispatching and business offices shall be subject to the requirements of the district.

(5)

Maintenance and repair facilities shall be conducted totally within an enclosed building.

(6)

There shall be no areas designed or designated on the property for storage of inoperative trailers, vehicles or waste and recycling materials other then normal maintenance. Trailers shall not be used for storage.

(7)

(8)

The site shall be designed so that all vehicles are able to enter and leave the site without having to back out onto the street.

(9)

Concrete curbing, six inches in height, shall be properly placed and maintained along or parallel to all lot lines, except where bumper guards are required and except across approved driveways, so as to prevent vehicular encroachment onto or over the public right-of-way and to prevent vehicular encroachment onto or over the adjoining property, or vehicular damage to the adjoining buildings.

(10)

Landscaped berms shall be required along all lot lines that are visible from the public right-of-way as required by section 16.02, landscaping.

(11)

The planning commission shall determine that traffic will be no more hazardous nor the volume of traffic any greater than is normal for the street involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and adequacy of interchanges. All access to the site shall be from class A streets.

(12)

The minimum setbacks, greenbelts and landscape buffer zones for the site shall be increased by 50 percent above the basic front, side and rear yards setbacks and the amount of plant material required by section 16.02, landscaping.

(13)

There shall be provided, except at entrances and exits, a six-foot decorative wall the full width of the developed area of the terminal site set back 50 feet from the lot line. Where the principal building is constructed at the 50 foot setback line and where the front of the building is constructed of a decorative brick compatible with the wall, then the decorative wall shall not be required along that portion of the front yard enclosed by the building. As an alternative to a wall, the planning commission may permit a black vinyl-coated fence behind a five-foot tall landscape berm.

(e)

Warehousing and wholesale establishments.

(1)

All activities other than off-street parking and loading and unloading areas and outdoor storage areas shall be conducted within an enclosed building.

(2)

Off-street parking, loading and unloading areas and outdoor storage areas shall be screened from adjacent public street and any adjacent residential district in accordance with the requirements of section 16.02, landscaping.

(f)

Warehouse and distribution facilities over 80,000 square feet.

(1)

The site shall be designed so that all vehicles are able to enter and leave the site without having to back-out onto the street. Driveways shall be curbed for their full length in the front yard to a height of ten inches.

(2)

A traffic impact study in accordance with section 19.10, traffic impact studies, shall be required.

(3)

(Ord. No. 09-434, § 13.11, 1-20-2009)

Sec. 13.12. - Utilities and waste disposal uses.

(a)

Composting facilities (yard waste).

(1)

Composting facilities shall have a minimum lot size of ten acres.

(2)

The site shall have access to a major street as defined in section 28.11(q), streets.

(3)

When a composting facility abuts a residential district, a 100-foot landscaped buffer shall be provided utilizing landscape materials required for buffer zone A in accordance with section 16.02, landscaping.

(4)

Buffer zone B in accordance with section 16.02, landscaping, shall be provided on all sides of the site not adjacent to a residential district or use.

(5)

Stacking area for a minimum of five vehicles must be provided on site. Any area used for parking or unloading packaged compostable materials must be screened with an eight-foot enclosure to prevent plastic or paper bagging materials from leaving the unloading area.

(6)

Active composting operations and storage of compostable and composted materials shall not take place closer than 150 feet from any boundary of the facility site. The setback from active composting and storage of compostable and composted materials shall be increased to 500 feet from the boundary of any land zoned or used for residential purposes.

(7)

Individual windrows within the composting facility may not exceed six feet in height and ten feet in width as measured from the base. No portion of the composting mound shall be clearly visible from adjacent road rights-of-way.

(8)

Any composting facility operation shall be conducted in accordance with current standards established by the United States Environmental Protection Agency, the United States Department of Agriculture, the Michigan Department of Natural Resources and Environment and other applicable government regulatory agencies. A composting facility designed for anaerobic composting shall not be permitted. Storing, discharging or depositing sewage, human wastes, wash water, garbage or other wastes shall be done in a manner which does not transmit disease. Depositing, storing or disposing of garbage, manure or any other wastes shall not attract vermin, insects or other pests or allow the wastes to become a breeding place for mosquitoes, flies or other disease-carrying insects. Offensive odors shall not interfere with the enjoyment of adjacent properties.

(9)

Storing or disposing of composting or compostable materials of any kind shall not pollute a water supply or contaminate surrounding land to the extent that public health is endangered. The surface water detained on the site shall be purified of contaminants before leaving the site or must be disposed of in accordance with the requirements of Wayne County.

(10)

The site shall meet the standards of section 14.10, performance standards.

(11)

A chainlink fence shall enclose the entire site.

(12)

Composting facilities shall not be located in a 100-year floodplain or regulated wetland.

(b)

Conversion or composting of sewage or sludge into a usable or saleable products.

(1)

The use shall meet the current standards and recommendations of the U.S. Environmental Protection Agency, the U.S. Department of Agriculture and the Michigan Department of Natural Resources and Environment.

(2)

The developer shall have prepared for presentation to the planning commission an environmental impact statement (EIS). The environmental impact statement shall assess:

Water, noise and air pollution problems associated with the proposed use.

Effect on public utilities.

Historic and archeological uses.

Displacement of people or other land uses.

Significant alteration of the character of the area.

Effect on city tax base.

Topographic data.

Groundwater study.

Surface water study.

Operating standards.

Visual controls (buffering, etc.).

Traffic consideration.

Effect on fauna and flora.

Negative shortterm and longterm factors including duration, frequency and steps taken to mitigate these factors.

(3)

The use shall have an 800-foot minimum clear zone between the use and the nearest residential district.

(4)

The use shall not have a negative economic impact on adjacent land uses.

(5)

It is the proprietor's responsibility to fund the following monitoring and testing program to be carried out on a weekly basis by city agents. The following items shall be monitored and evaluated:

Site maintenance.

Standards of section 14.10, performance standards.

(6)

All processing, treatment, unleading, and final product storage shall be within a completely enclosed building. The plan shall indicate that all motor vehicles, which have contained or been in contact with sludge, shall be washed clean prior to leaving the site. The method of washing shall be specified on site.

(7)

Vehicles used to transport sludge to the site shall provide for the completely enclosed, sealed containment of the sludge such as provided by concrete ransit mix trucks or similar vehicles having a completely enclosed, sealed container, the intent being to prevent any leakage of the sludge material. Open box dump trucks with tarpaulin/canvas covering are prohibited. Vehicles shall comply with federal and state regulations for the transport of these materials.

(c)

Essential services (with or without outdoor storage of materials and vehicles).

(1)

All buildings shall be compatible in appearance and design with the development of the area and with the zoning classification in which they are located.

(2)

Essential services including public utility/transformer substations shall conform to the setback requirements of the district where they are located. If the height of the structure exceeds the district height requirements, the required setback shall be equal to the height of the structure.

(3)

Public utility facilities/transformer substations shall be fully landscaped and screened and located on a secured site.

(4)

Outdoor storage of materials or vehicles shall be fully screened.

(d)

Hazardous waste storage handling and disposal facilities and deep well or underground injection wells.

(1)

Such use shall have a minimum lot size of 20 acres.

(2)

An environmental impact statement (EIS) shall be prepared for review by the planning commission or their delegate and shall have the information required in subsection (13) below.

(3)

To ensure that the reasonable use of neighboring properties is not adversely affected and to reduce the potential for adverse health, odor or other environmental impacts, the lot lines encompassing the proposed use shall only abut industrial districts and, in addition, the following separation distances shall be observed:

2,640 feet from the lot lines of any residential district, major medical facility, nursing home, senior housing project, or any facility which is designed for use by the physically infirm, or where large numbers of people congregate, such as senior recreation centers, parks or playgrounds, public meeting halls, churches, schools and libraries.

1,000 feet from the lot lines of any existing residential structure.

(4)

The city shall determine that the proposed use shall not adversely affect nonconforming residential uses and that adequate separation is provided from existing industrial uses that may be particularly sensitive, such as food, beverage or drug processing plants.

(5)

The separation distances specified above may be reduced by not more than 50 percent upon a finding by the planning commission that the reduced isolation distances are sufficient to prevent any occurrence of health or obnoxious odor problems or pollution of land, watercourses or drainage systems.

(6)

The use will not have a negative economic impact on adjacent land uses.

(7)

It is the proprietor's responsibility to fund the following monitoring and test program to be carried out on a weekly basis by city agents:

Site maintenance.

Standards in accordance with section 14.10, performance standards.

(8)

The physical limits of the storage plume or cavity shall not exceed the physical dimensions of the property proposed for this use. The physical limits of the storage plume may not extend beyond the zoning district in which the site is located.

(9)

For deep well or underground injection wells all property owners located within the physical limits of the storage plume must present written acknowledgment of their acceptance of storage of waste material beneath their property and provide written permission allowing said storage and must file a written notice with the county register of deeds stating:

That the right to storage of hazardous or nonhazardous substances or disposal of has been granted.

A general description as to those substances actually stored or disposed of below these surfaces.

That the permission granted runs with the land in perpetuity.

(10)

The transportation of all hazardous waste products shall only occur on class A industrial streets. Transportation routes shall be submitted to the planning commission for approval.

(11)

The applicant shall comply with all federal, State of Michigan and Wayne County requirements for the siting, development and monitoring of the proposed facility.

(12)

Outdoor storage of hazardous waste is not permitted unless pursuant to a permit issued by State of Michigan Department Natural Resources and Environment. Such use shall be located on a site of not less than 20 acres. All truck access to and from the site shall be upon a major or secondary thoroughfare which has been constructed to class A street standards.

(13)

In order to fully assess all implications and effects of the project, a community impact statement shall be prepared by the petitioner and submitted for review at the public hearing and later approval by the city. This report must describe at least the following factors:

Significant environmental effects;

Unavoidable environmental effects;

Measures taken to mitigate against the above;

Project alternatives;

Significant irreversible environmental changes;

Impacts on future growth;

Financial ability to respond to emergency situations;

Based on this study or others, the city shall assure itself that the environmental impacts have been identified; adverse impacts have been eliminated or there are no feasible alternatives; adequate conditions and safeguards will be implemented; and that the site and facility will not adversely affect the quality of the city's human and/or physical environment.

(14)

The site shall be screened from view from the street frontage by a greenbelt C and from any residential use by a buffer zone A in accordance with section 16.02, landscaping.

(15)

All treatment, transfer, unloading, and storage shall be within a completely enclosed building and in approved storage tanks. The plant shall be constructed so as to enclose all equipment which generate significant levels of noise. All aggregate and bulk materials shall be stored in the building or in concrete bunkers or silos. The bunkers or silos shall be equipped to control fugitive dust and particulates. The plan shall indicate that all motor vehicles, which have contained or been in contact with hazardous waste, recycled materials or sludge, shall be washed clean prior to leaving the site. The method and area for washing shall be specified on the site plan. The facility shall be equipped with an approved waste water recycling system to avoid contaminated water or liquids from being discharged to groundwater, surface water or storm sewers. This shall include a washout, washdown, and secondary containment system to recover and recycle impurities and other byproducts processed from trucks, machinery products, supplies or waste. All surface areas involved in the loading, unloading, transfer or storage shall be constructed in such a manner as to prevent the runoff of any hazardous material to unpaved areas on nondesignated drainage facilities. Such potential waste shall be collected with a secondary containment system and processed or disposed of according to state or federal regulations.

(16)

All driveways, surface streets and storage areas on the premises shall be paved with concrete or deep strength asphalt. Deceleration lanes shall be provided in accordance with the minimum of the City of Taylor's major industrial driveway engineering standards. Acceleration or passing lanes may be required, based upon city engineering determination. The planning commission shall take into consideration vehicular turning movements in relation to traffic flow, proximity of curb cuts and intersections.

(17)

All areas of the site which are not paved for parking, driveways, loading or operation shall be landscaped and maintained in accordance with section 16.02, landscaping of this ordinance. This shall include a plan for the permanent maintenance of all required earthen berms, plantings, lawns and landscaping.

(18)

The facility and all of its operations shall strictly comply with all of the performance standards set forth in section 14.10, performance standards, as well as all applicable federal, state, county and local statutes, regulations, rules, orders and ordinances. Systems shall be employed to contain and process all discharged materials from the facility in an environmentally sound manner.

(19)

Plans and/or reports shall be filed with the city fire department, indicating the types of materials and where they are located on the site.

(20)

All approvals of the city shall be conditioned and subject to the applicant securing all required approvals and permits, as defined by local, county, state and federal statutes and regulations.

(21)

The city council shall establish fees to pay its costs of administration and inspections of the site and facility to ensure that the development is being operated in compliance with the conditions of the special approval. Further, applicant shall be required to provide to the city adequate proof of financial assurance in an amount, in the city's discretion, that is adequate to assure the applicant's ability to respond to emergency situations caused by either a release or the threat of release of either hazardous or nonhazardous substances, as well as, the costs required to be reimbursed to the city pursuant to this section and to secure the facility in the event that applicant no longer operates the proposed facility. The city may, from time to time, require additional financial assurances as the size of the facility or amount of substances disposed of increases. Financial assurance means either adequate capital reserves specifically earmarked for the purposes of this section or a letter of credit, insurance, surety bond, corporate guarantee, trust, escrow, corporate guaranty or any combination thereof.

(22)

Petitioner shall provide copies of all hazardous waste manifest on a monthly basis.

(e)

Incineration of garbage or refuse.

(1)

Such uses shall have a minimum lot size of 20 acres.

(2)

An environmental impact statement (EIS) shall be prepared for review by the planning commission or their delegate and shall have the information required in section 13.12(d)(13) above.

(3)

Such uses shall meet all federal and state standards for the type of facility proposed.

(4)

Conducted within an enclosed incinerator plant approved by the city council upon a recommendation from the planning commission.

(f)

Junkyards, salvage yards and outdoor recycling of nonhazardous materials.

(1)

Such uses shall have a minimum lot size of ten acres.

(2)

The setback from the front lot line to the area upon which junk materials are stored shall be not less than 50 feet and shall be landscaped in accordance with section 16.02, landscaping. No materials shall be stored in the required front yard.

(3)

Junkyards shall be screened from the street and from any adjoining property by a masonry screening wall eight feet in height. The wall shall be kept uniformly painted, neat in appearance, and shall not contain any signage.

(4)

All activities and material shall be kept within the enclosed area formed by the obscuring wall. Material shall not be stacked or piled above the plane established by the top of the obscuring fence.

(5)

All structures, off street parking and fencing and used material storage yards shall be set back not less than 50 feet from any street or highway right-of-way. The wall shall be setback from the lot line a sufficient distance to provide the greenbelts and buffer zones required by section 16.02, landscaping on the outside of the wall.

(6)

All streets, driveways, and parking lots used by the general public shall be paved, and loading and unloading areas within any junkyard shall be paved, oiled, watered or chemically treated so as to limit for adjoining lots and public streets, the nuisance caused by windborne dust.

(7)

A paved access shall be provided from the street to the rear of the property to permit free access of fire trucks at any time.

(8)

Junkyards shall meet all applicable state guidelines and regulations.

(9)

There shall be no burning on the site.

(10)

The facility shall be equipped with an approved waste water recycling system to avoid contaminated water or liquids from being discharged to groundwater, surface water or storm sewers. This shall include a washout, washdown and secondary containment system to recover and recycle impurities and other byproducts processed from trucks, machinery products, supplies or waste.

(g)

Public water plants, public works garages, public works storage yards, public utility buildings, telephone exchange buildings; electric transformer stations and substations; gas regulator stations.

(1)

All buildings shall be compatible in appearance and design with the development of the area and with the zoning classification in which they are located, and are not naturally larger than other buildings in such areas.

(2)

Essential services including electric transformer substations shall conform to the setback requirements of the district where they are located. If the height of the structure exceeds the district height requirements, the required setback shall be equal to the height of the structure.

(3)

Such uses shall be located on a secured site and shall be fully landscaped, bermed and screened per the requirement of section 16.02, landscaping.

(4)

All service yards shall be fully screened with a solid fence or evergreen screening.

(h)

Recycling and refuse transfer operations within an enclosed building.

(1)

Such uses shall be located on a site of not less than five acres.

(2)

The entire site shall be fully landscaped, screened, bermed with a six-foot berm, and fenced. Such screening along the perimeter of the site shall be required as determined by the planning commission.

(3)

All activities shall be conducted within an enclosed building.

(4)

Shall be located on a secured site.

(5)

Shall be subject to the standards of section 14.10, performance standards.

(6)

Shall (except for frontage on a public street) abut only land located within an I-2 district.

(7)

All areas adjacent to the transfer point, such as the tipping floor, the turning area, and the area supporting the trailer while it is being packed, shall be paved with concrete.

(8)

Adequate standing and parking facilities shall be provided on the site so that no packers or other collection vehicles at any time stand on a public right-of-way waiting entrance to the site. The standing and parking facilities shall be paved with concrete. Vehicles shall not remain on the standing or parking facility for longer than a single 24-hour period.

(9)

The structure in which any transfer operation is housed shall be setback a minimum of 50 feet from all lot lines.

(10)

Sewage, solid or liquid and other liquids or dangerous substances in quantities considered to be detrimental to the operation of the transfer facility shall be excluded. An exception may be considered when the type of material, the equipment, and method of handling have been submitted for approval. This provision in no way precludes the right of the transfer facility operator to exclude any material as a part of their operational standards.

(i)

Sewage treatment plants.

(1)

An environmental impact statement shall be prepared for review by the planning commission and shall have the information required in section 13.12(d)(13) above.

(2)

The use must have an 800-foot minimum clear zone between the use and the nearest residential district.

(3)

The use will not have a negative economic impact on adjacent land uses.

(4)

It is the proprietor's responsibility to fund the following monitoring and testing program to be carried out on a weekly basis by city agents. The following items are to be monitored and evaluated:

Site maintenance.

Standards in section 14.10, performance standards.

(j)

Wind energy conversion systems (WECS).

(1)

Accessory WECS. A WECS to service the energy needs of the property where the structure is located shall be allowed as an accessory structure in all districts, subject to the following requirements:

Only one WECS shall be permitted per lot containing a principal use.

The height of the overall WECS with the blade in the vertical position shall not exceed 80 feet above ground level.

All towers shall be set back a distance at least equal to the height of the overall WECS from all lot lines. The height shall be measured to the top of the blade at its highest point.

All towers used to support the wind generating equipment shall be adequately anchored to prevent their being knocked down by high winds.

The WECS shall be equipped with both a manual and automatic braking device capable of stopping the WECS operation in high winds within 80 percent of design limits of the rotor.

Noise emissions from the operation of a WECS shall not exceed 45 decibels on the DBA scale as measured at the nearest lot line or road.

To prevent unauthorized climbing, the WECS must provide an anticlimb device.

(2)

Commercial WECS. WECS larger than those allowed in subsection (j)(1) above, WECS used primarily to generate energy for commercial sale and wind farms, where permitted, shall be subject to the following requirements:

All applications shall be accompanied by the following information, in addition to the site plan as required in article 19, site plan review:

Location and height of all-purposed buildings, structures, electrical lines, towers, guy wires, guy wire anchors, security fencing and other aboveground structures associated with the WECS.

The location of all existing and proposed overhead and underground electrical transmission or distribution lines shall be shown.

Existing and proposed setbacks for the WECS from all structures located on the property where the WECS will be located.

The site plan submittal shall contain a written description of the maintenance program to be used to maintain the WECS, including removal when determined to be obsolete or abandoned. The description shall include maintenance schedules, the types of maintenance to be performed, and removal procedures and schedules should the WECS become obsolete or abandoned.

A copy of the manufacturer's installation instructions and blueprints.

Drawings and engineering calculations shall be certified by a registered engineer licensed in the State of Michigan.

A copy of the FAA form 7460-1, notice of proposed construction or alteration, that has been submitted to the FAA, which must be approved prior to issuance of a building permit.

The permitted maximum total height of a WECS shall be 200 feet (with the blade in the vertical position), subject to additional height restrictions that may be imposed by the FAA. The WECS shall not be located or erected to a height that would pose a hazard to aircraft operations.

A WECS shall be constructed with a tubular tower. Lattice towers are prohibited.

The setback for placement of a WECS shall be at least equal to the height of the WECS from all lot lines and any public street right-of-way.

Blade arcs created by a WECS shall have a minimum of 75 feet of clearance over and from any structure, adjoining property or tree. The minimum blade or rotor clearance above ground level shall be at least 20 feet.

Each WECS shall be equipped with both a manual and automatic braking device capable of stopping the WECS operation in high winds within 80 percent of design limits of the rotor.

Each WECS must provide an anti-climb device.

Each WECS shall have one sign, not to exceed two square feet in area, posted at the base of the tower. The sign shall contain high voltage warning, emergency numbers, emergency shutdown procedures. If fenced, signs shall be placed on the fence.

If any lighting is proposed, a lighting plan for the WECS shall be submitted with the site plan. The lighting plan must describe all lighting that will be utilized, including any lighting that may be required by the FAA. The plan shall include, but is not limited to, the number and location of lights, light color and whether any lights will be flashing.

A WECS shall be painted a nonobtrusive (light environmental color such as beige or gray) color that is nonreflective. No striping of color or advertisement shall be visible on the blades or tower.

All distribution lines from the WECS to the electrical grid connection shall be located and maintained underground.

WECS shall be designed, constructed and operated so as not to cause radio and television interference. In the event that electromagnetic interference is experienced, the applicant must provide alternate service to each individual resident or property owner affected.

Noise emissions from the operation of a WECS shall not exceed 45 decibels on the dBA scale as measured at the nearest lot line or street.

WECS must be kept and maintained in good repair and condition at all times. If a WECS is not maintained in operational and reasonable condition or poses a potential safety hazard, the applicant shall take expeditious action to correct the situation. The applicant shall keep a maintenance log on each WECS, which the city can review.

Any WECS not used for six successive months or longer shall be deemed to be abandoned and shall be promptly dismantled and removed from the property by the owner of the WECS. All above and below ground materials must be removed. The ground must be restored to its original condition within 60 days of abandonment.

The city shall require a guarantee in accordance with the provisions of section 25.08, performance guarantee, which will be furnished by the applicant to the city in order to ensure full compliance with this subsection and any conditions of approval. At a minimum, the performance guarantee shall be in an amount determined by the city to be sufficient to have the WECS fully removed and the land returned to its original state should the structure or structures become abandoned, dangerous or obsolete, or not in compliance with this ordinance or the special land use approval. The performance guarantee shall be kept in full force and effect during the entire time while a WECS exists.

(k)

Wireless communication facilities and services.

(1)

Purpose and intent. The regulations of this section are intended to conform with federal laws and administrative rules governing facilities needed to operate wireless communication systems and to set forth procedures and standards for review and approval for the location of such facilities within the City of Taylor. It is the city's intent to reasonably regulate the location and design of such facilities to retain the integrity of neighborhoods and the character, property values and aesthetic quality of the city and to also ensure compliance with FAA height restrictions in the vicinity of the Detroit/Wayne County Metro Airport. Given the increase in the number of wireless communication facilities requested as a result of the new technology and the Federal Telecommunications Act of 1996, it is the policy of the city that all users should co-locate on attached wireless communication facilities and wireless communication support structures. Collocation is proposed in order to assure the most economic use of land and to prevent the proliferation of duplicative services. In recognition of the city's concern that technological advances may render certain wireless communication facilities obsolete or unnecessary in the future, requirements are set forth for the removal of unused or unnecessary facilities in a timely manner and provide security for removal.

(2)

Use requirements. Wireless communication facilities may be located within the city in accordance with table 13.12.

TABLE 13.12. WIRELESS COMMUNICATION FACILITIES REGULATIONS

Type/location of wireless communication facility	Location Permitted	Approval Procedure
Wireless communication facility attached to existing structures
Collocation upon an existing wireless communication support structure	All districts	Administrative approval
Replacing an existing wireless communication support structure with a new one to support additional collocation	All districts	Administrative approval if not taller than existing tower
Attached to an existing utility structure	All districts	Administrative approval, with letter of acceptance from the utility company
Attached to an existing building	All non-single-family residential districts	Administrative approval
New wireless communication support structure
Replacing an existing tower with a taller tower to permit additional collocation	B-1, B-2, B-3, O-1, O-2, TRO, I-1 and I-2 districts or a government owned site in any district	Site plan approval in accordance with article 19, site plan review
Monopole	B-1, B-2, B-3, O-1, O-2, TRO, I-1 and I-2 districts or a government owned site in any district	Special land use approval in accordance with article 21, special land use review
Lattice tower where it can be shown that a monopole is not feasible	I-1 and I-2 districts	Special land use approval in accordance with article 21, special land use review

(3)

Application requirements. An application for a wireless communication facility, including new towers and collocation shall be required to include a site plan that meets the requirements of article 19, site plan review. An application for a new wireless communication support structure (i.e., a new tower) shall include the following, in addition to other submittal requirements for site plan, as required in article 19, site plan review:

Signed certification by a professional engineer licensed by the State of Michigan with regard to the manner in which the proposed structure will fall in the event of damage, accident or injury (i.e., the fall zone), and that the setback area provided shall accommodate the structure should it fall or break and provide a reasonable buffer in the event the structure fails.

A description of performance guarantee to be posted at the time of receiving approval for the facility to ensure removal of the facility when it is abandoned or is no longer needed. The applicant shall demonstrate that funds will be available to the city for removal of any structure used for wireless communication in an amount which reasonably reflects the cost of removal of the facility and restoration of the property or structure upon which the facility is located or placed. Adequate funds shall also be provided to cover the city's administrative costs in the event that the applicant or its successor does not remove the wireless communication facility in a timely manner and the city chooses to undertake removal of the facility. The city may choose to use outside contractors for such purposes.

The security shall, at the election of the city, be in the form of cash or irrevocable letter of credit to remove the facility in a timely manner as required under this section of the ordinance. It shall further be provided that the applicant, owner or successor, shall be responsible for payment of any costs or attorney fees incurred by the city in securing removal.

A map that illustrates existing and known proposed wireless communication facilities within the City of Taylor and adjacent communities, which are relevant in terms of potential collocation or to demonstrate the need for the proposed facility. If the information in question is on file with the city, the applicant shall be required only to update as needed. Any such information which is trade secret and/or other confidential commercial information which, if released would result in commercial disadvantage to the applicant, may be submitted with a request for confidentiality in connection with the development of governmental policy MCL 15.243(l)(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 community.

For all new facilities, in recognition of the city's policy to promote collocation, a written agreement, transferable to all assessors and assigns, that the operator shall make space available on the facility for collocation.

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.

A notice of proposed construction or alteration, Federal Aviation Authority (FAA) form 7460-1.

(4)

Design standards applicable to all facilities. In addition to the criteria of site plan review listed in article 19 and special land use review listed in article 21, all wireless communication facilities shall be constructed and maintained in accordance with the following standards:

A permit for the construction and use of a new wireless communication support structure shall not be granted until the applicant demonstrates a feasible collocation is not available for the coverage area and capacity needs.

All new and modified wireless communication facilities shall be designed and constructed to accommodate collocation, with a written agreement in a format approved by the city attorney.

Landscaping shall be provided to screen the structure base, accessory buildings and enclosure from adjacent uses and public rights-of-way. The city may approve a six to eight-foot tall brick wall around the site for screening purposes in any location where landscaping may not survive.

Elevations of the accessory buildings shall be provided. All accessory buildings shall be constructed of brick, provided the city may waive this requirement for a building that is not visible from a public right-of-way or any adjacent nonindustrial lot.

Fencing shall be provided for protection of the support structure and security from children and other persons who may otherwise access facilities. Fencing shall be black vinyl coated or decorative wrought iron.

Any nonconforming situations on the site, such as, but not limited to, outdoor storage, signs, inadequate landscaping, unpaved parking, lack of a sidewalk, improper lighting or similar conditions shall be brought into conformance prior to the erection of the wireless communication facility. If existing sites are not in conformance with the current zoning standards, improvements shall be made to decrease the nonconformity or additional landscaping shall be provided to reduce the impact of the nonconformity and the wireless facility.

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

The applicant shall demonstrate that the requested height of the new or modified support structure and antenna shall be the minimum height necessary for reasonable communication by the applicant, including additional height to accommodate future collocation where appropriate. All wireless facilities shall be within the maximum height set by the FAA; provided, in no instance shall a wireless communication facility exceed 200 feet.

All wireless communication facilities shall be setback a distance of at least 1½ the height of the structure from any public road right-of-way and any residential district or use.

Accessory buildings shall be a maximum of 14 feet high and shall be set back in accordance with the requirements for principal buildings in that zoning district.

There shall be unobstructed access to the support structure, for operation, maintenance, repair and inspection purposes, which may be provided by an easement. This access drive shall be paved and have a minimum width of 26 feet.

Where an attached wireless communication facility is proposed on the roof of a building if the equipment enclosure is proposed as a roof appliance or penthouse on the building, it 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 with all district requirements for principal buildings, including yard setbacks.

The support system shall be constructed in accordance with the state construction code and other applicable codes and shall include the submission of a soils report from a geotechnical engineer, licensed in the State of Michigan. This soils report shall include soil borings and statements confirming 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. Any aviation hazard lighting shall be detailed on the plans. An FAA form 7460-1, notice of proposed construction or alteration shall be approved by the FAA.

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.

(5)

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

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.

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

Upon the occurrence of one or more of the events requiring removal, specified in paragraph (1) 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 building services department.

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 and/or enforced from or under the security posted at the time application was made for establishing the facility.

(6)

Collocation.

Statement of policy. It is the policy of the City of Taylor to minimize the overall number of newly established locations for wireless communication support structures within the city and to encourage the use of existing structures for attached wireless communication facilities. If a provider fails or refuses to permit collocation on a facility owned or controlled by it, where collocation is feasible, the result will be that a new and unnecessary additional structure will be required, in contradiction with city policy. Collocation shall be required unless an applicant demonstrates that collocation is not feasible.

Feasibility of collocation. Collocation shall be deemed feasible for the purpose of this section where all of the following are met:

The wireless communication provider or property owner where collocation is proposed will accept market rent or other market compensation for collocation and the wireless communication provider seeking the facility will pay such rates.

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

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

(7)

Nonconforming facilities and penalties for not permitting collocation. If a party who owns or otherwise controls a wireless communication support structure shall fail or refuse to alter a structure 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. In addition, if a party refuses to allow collocation in accordance with the intent of this section, and this action results in construction of a new tower, the city may refuse to approve a new wireless communication support structure from that party for a period of up to five years. Such a party may seek and obtain a variance from the zoning board of appeals (ZBA) if and to the limited extent the applicant demonstrates entitlement to variance relief which, in this context, shall mean a demonstration that enforcement of the five-year prohibition would unreasonably burden some providers of functionally equivalent wireless communication services, or that such enforcement would have the effect of prohibiting the provision of personal wireless communication services.

(8)

Variances. The ZBA may consider a variance from the standards of this section, based upon a finding that one or more of the following factors exist, as appropriate for the type of variance requested:

For location, the applicant has demonstrated that a location within a district or location in accordance with the standards of this section cannot reasonably meet the coverage or capacity needs of the applicant.

For no collocation the applicant has demonstrated that a feasible collocation is not available for the coverage area and capacity needs because existing structures cannot support the facility, that collocation would result in unreasonable interference, or that reasonable financial terms are not available for collocation.

For setback, the applicant has provided engineering information that documents that the tower is self collapsing and that the setback area provided shall accommodate the structure should it fall or break and provide a reasonable buffer in the event the structure fails.

For all, the applicant has proposed means to mitigate any negative impacts through provision for future collocation, if found to be appropriate by the city, and special design of the facility and site.

For all, the wireless communication and accessory facilities shall be designed to be compatible with the existing character of the proposed site, neighborhood and general area.

(Ord. No. 09-434, § 13.12, 1-20-2009)

Sec. 13.13. - Construction uses.

(a)

Asphalt, concrete mortar, plaster or mixing plant.

(1)

Such use shall have a minimum lot size of five acres.

(2)

The site shall have access to a major street as defined in section 28.11(q), streets.

(3)

Such site shall abut only land located within an I-2 district. No portion of the site shall be located closer then 1,320 feet from any residential district.

(4)

A screening wall, fence or landscaping eight feet in height shall be required along the perimeter of the site.

(5)

All vehicles shall be power-washed prior to leaving the site.

(b)

Brick, tile, cement block, pipe or other like or similar products manufacturing and storage.

(1)

Such use shall have a minimum lot size of ten acres.

(2)

All manufacturing work shall be carried out within an enclosed building.

(3)

Outdoor storage of material shall be set back at least 50 feet from any public right-of-way.

(4)

All outdoor storage shall be screened on all sides, by a solid eight-foot permanent wall and all stored materials shall not be piled to a height of more than eight feet.

(5)

The site shall meet the standards of section 14.10, performance standards.

(c)

Contractor equipment storage.

(1)

The storage yard shall be located in the side or rear yard only.

(2)

All outdoor storage shall be screened on all sides, by a solid eight-foot permanent wall and all stored materials shall not be piled to a height of more than eight feet.

(Ord. No. 09-434, § 13.13, 1-20-2009)

Sec. 13.14. - Manufacturing uses.

(a)

Large manufacturing facilities over 80,000 square feet.

(1)

The site shall be designed so that all vehicles are able to enter and leave the site without having to back out onto the street. Driveways shall be curbed for their full length in the front yard.

(2)

A traffic impact study in accordance with section 19.10, traffic impact studies, shall be required.

(3)

(b)

Primary metal manufacturing including iron and steel mills and ferroalloy manufacturing, aluminum production, nonferrous metal production and foundries.

(1)

The building shall be setback a minimum of 800 feet from any residential district and 300 feet from any other nonindustrial district.

(Ord. No. 09-434, § 13.14, 1-20-2009)

Sec. 13.15. - Accessory uses.

(a)

Accessory aboveground fuel storage tanks. Aboveground fuel storage tanks shall be permitted as an accessory structure to a principal permitted use for fueling of fleet vehicles and equipment used on site.

(1)

Storage tanks shall be located in the rear yard or a side yard where screened from view from the street by a decorative wall or landscaping. The height of the tank shall not exceed the principal building on the site.

(2)

The location of the tank shall not interfere with the circulation on the site.

(3)

Required leak detection and secondary containment systems shall be provided as required by state regulations.

(4)

The location and contents of the tank shall be reviewed and approved by the fire department for access and emergency response.

(Ord. No. 09-434, § 13.15, 1-20-2009)

Sec. 13.16. - Marijuana uses.

(a)

No person shall operate a marijuana facility or establishment without first obtaining a license to do so from the city and the State of Michigan.

(b)

All marijuana facilities and establishments must operate in compliance with the Code of Ordinances of the City of Taylor, including, but not limited to, the Medical Marijuana Facilities Licensing Act, MCL 333.27101, et. seq., as amended.

(Ord. No. 19-500, § 2, 11-19-2019)