Because the uses hereinafter referred to possess unique characteristics making it impractical to place them in a specific district classification, they may be permitted by the Trenton City Council under the conditions specified, and after public hearing, and after a recommendation has been received from the planning commission. In every case, the uses hereinafter referred to shall be specifically prohibited from any residential districts, unless otherwise specified.

These uses require special consideration since they service an area larger than the city or require sizable land areas, creating problems of control with reference to abutting use districts. Land use falling specifically within the intent of this section, and their particular requirements, are outlined as follows:

(Ord. No. 802, § 1, 12-14-2020)

Because outdoor theaters possess the unique characteristics of being used only after darkness and since they develop a concentration of vehicular traffic in terms of ingress and egress from their parking area, they shall be permitted in the I Industrial Districts only. Outdoor theaters shall further be subject to the following conditions:

(1)

An application for an outdoor movie theater shall be subject to review and approval by the planning commission. A site plan shall be submitted for review and shall be prepared in accordance with the applicable requirements of Article XXVIII, Site Plan Review, as set forth and regulated in this chapter. In conducting its review, the planning commission shall consider the following:

a.

The internal design shall receive approval from the city engineer as to adequacy of drainage, lighting, and other technical aspects.

b.

Outdoor theaters shall abut a major thoroughfare and points of ingress and egress shall be available only from such major thoroughfare.

c.

All vehicles, waiting or standing to enter the facility shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated right-of-way.

d.

The area shall be so laid out as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares. All lighting used to illuminate the area shall be installed in accordance with the exterior site lighting requirements of Article XXIX in this chapter.

(Ord. No. 802, § 1, 12-14-2020)

Any radio and television transmitting towers, public utility microwave transmitting towers and public utility television transmitting towers regarded as essential services, as defined in this chapter, and their ancillary facilities, shall be permitted in the W-R Waterfront Revitalization and I-2 Heavy Industrial Districts, subject to the following conditions:

(1)

Application to establish a use permitted in this section shall be subject to review and approval by the planning commission. A site plan shall be submitted for review and shall be prepared in accordance with the applicable requirements of Article XXVII, Site Plan Review, as set forth and regulated in this chapter. In conducting its review, the planning commission shall apply the following standards:

a.

The tower shall be located centrally on a continuous parcel of land that shall be of sufficient size to permit the entire vertical length (height) of the tower to fall fully within the property should the tower collapse.

b.

All ancillary buildings and facilities shall be subject to the minimum applicable building setback requirements of the district for a principal use.

(2)

The planning commission shall conduct its review of a site plan at a public hearing duly advertised in the manner set forth in Article XXX in this chapter.

(Ord. No. 802, § 1, 12-14-2020)

Nonessential wireless telecommunication antenna arrays, and where permitted, related support structures, shall be permitted, subject to the following requirements:

(1)

Approval. Nonessential wireless telecommunication antenna arrays and when permitted, their support structures and their ancillary equipment shall require approval by the City of Trenton in the manner set forth and regulated herein.

(2)

Authorization. The City of Trenton shall authorize the establishment of a nonessential wireless telecommunications antenna array and where permitted in this section, a support structure and its ancillary equipment only when such facility is fully in compliance with the applicable requirements and guidelines of this section and only in a manner that will preserve the integrity, character, property values and esthetic quality of the site, the area around it and the city at large.

(3)

Recognition. Recognizing the increasing number of providers authorized to establish and operate wireless telecommunication services within a defined area, it is the intent and purpose of this section to:

a.

Facilitate adequate and sufficient provision of sites for nonessential wireless telecommunication facilities,

b.

Establish predetermined locations for the placement of wireless telecommunication antenna arrays, and when permitted, the erection of support structures in accordance with the applicable requirements of this section,

c.

Ensure that wireless telecommunication facilities are appropriately located so as to minimize any adverse impact they may have on other land use on the site or on surrounding properties,

d.

Promote the public health, safety, and general welfare of the community,

e.

Provide adequate information about plans for the location of wireless telecommunication facilities in the city so that the city may determine the proper location and development of wireless telecommunication facilities in accordance with the location guidelines and applicable site requirements of this section,

f.

Minimize the adverse impact of technological obsolescence of such facilities in a timely manner, including requirements to remove and restore sites where such facilities are no longer in use, or which have become unnecessary, and

g.

Minimize the negative visual impact of wireless telecommunication facilities on residential areas, office, commercial and industrial sites, public and quasi-public sites, community landmarks including historic sites, natural beauty areas and in public rights-of-way.

(4)

Existing facilities. Achieving this end contemplates the establishment of as few tower types of support structures as reasonably feasible, instead relying on the use of existing support structures, buildings and other existing structures in the city or in adjoining communities that can meet the applicant's service area needs.

(5)

Adverse impact. The Trenton City Council believes that the presence of numerous wireless telecommunication support structures located throughout the city and particularly in residential neighborhoods, would diminish the attractiveness of the community, thereby destroying its character. This in turn, could have an adverse impact on property values. Therefore the city council believes it is necessary to minimize the adverse impact on the community that the presence of numerous relatively tall wireless telecommunication support structures with their characteristically low architectural and aesthetic appeal could have on the city, while at the same time recognizing that the absence of any regulation would likely result in a material impediment to the maintenance and promotion of property values, and further recognizing that this growing service is promoting economic gain and aiding in maintaining the health, safety and general welfare of the city.

(6)

Location by order of priority. A nonessential wireless telecommunications antenna array shall be permitted in one of the following locations by order of priority. The first location set forth in this subsection shall be considered as the first or top priority location with each location thereafter descending in the order of priority:

a.

On an existing nonessential wireless telecommunications support structure located on land in any zoning district in the city, subject to review and approval by the Trenton Building Department.

b.

An internal nonvisible location within an existing building or structure in any zoning district, subject to review and approval by the Trenton Building Department. All equipment customarily accessory to an antenna array shall also be placed so as to not be visible beyond the exterior walls of the building,

c.

An external location on an existing building or structure in an I industrial or B business zoning district, subject to review and approval by the Trenton Planning Commission.

d.

An external location on an existing building or structure in an R Residential Zoning District, subject to review by the Trenton Planning Commission at a duly advertised public hearing, and approval by the planning commission.

e.

On a proposed new nonessential wireless telecommunications support structure to be located on land owned by the City of Trenton in an I Industrial District, subject to review and approval by the planning commission at a duly advertised public hearing.

f.

On a proposed new nonessential wireless telecommunications support structure to be located on privately owned land in an I Industrial District, subject to review and approval by the planning commission at a duly advertised public hearing.

g.

On a proposed new nonessential wireless telecommunications support structure to be located on land owned by the City of Trenton in a B Commercial District, subject to review and approval by the planning commission at a duly advertised public hearing.

h.

On a proposed new nonessential wireless telecommunications support structure to be located on privately owned land in a B Commercial District, subject to review and approval by the planning commission at a duly advertised public hearing.

i.

On a proposed new nonessential wireless telecommunications support structure to be located on land owned by the City of Trenton in an R Residential District, subject to review and approval by the planning commission at a duly advertised public hearing.

j.

On a proposed new nonessential wireless telecommunications support structure to be located on privately-owned land in an R Residential District, subject to review and approval by the planning commission at a duly advertised public hearing.

(7)

Required conditions. The following standards shall apply where applicable, to all applications to locate a nonessential wireless telecommunications antenna array or support structure in the city:

a.

Before an applicant may locate on a site of lower priority than site priority a. of subsection (6) of this section, the applicant shall prepare and submit sufficient information to clearly show why the applicant must locate at a lower priority site. For each location of lower priority than any higher priority location(s), sufficient explanation shall be provided as to why none of the higher priority locations can be used by the applicant. This information shall take into consideration any existing structure located beyond the City of Trenton's Corporate Limits that could serve the applicant's needs.

b.

For priority sites a. and b. listed in subsection (6) of this section, plans, drawings, and specifications requested by the Trenton Building Department shall be submitted by the applicant for review and approval by the building department.

c.

For priority site c. listed in subsection (6) of this section, plans drawings and specifications drawn to scale and containing sufficient information for review, including exterior structural or building wall elevation drawings illustrating how the antenna array will appear on the structure or building and all other applicable information set forth in Article XXVII, Site Plan Review, as set forth and regulated in this chapter, shall be submitted for review and approval by the Trenton Planning Commission. This shall include the statements mandated in this section. During its review, the planning commission may request additional information be submitted that it deems reasonably necessary in conducting its review.

d.

For priority sites d., e., f., g., h., i., and j., listed in subsection (6) of this section, all of the information outlined in this subsection shall be submitted for review by the Trenton Planning Commission at a duly advertised public hearing. Planning commission approval of the application is required.

1.

Any nonessential wireless telecommunications support structure as permitted in priority sites, e., f., g., h., i., and j., listed in subsection (6) of this section, shall:

i.

Be a monopole structure only,

ii.

Consist only of non-wood materials,

iii.

Not exceed 199 feet in overall height measured from the ground at the base of the structure to the highest point of the structure or any antenna attached to the structure,

iv.

Provide co-location capacity for not less, nor more than three antenna arrays,

v.

Not require the use of any supporting guy wires, and

vi.

Not be lighted in any way unless lighting is required to meet applicable Federal Aviation Association (FAA) guidelines, and if painted shall be light blue or light gray in color.

vii.

A sufficient means of access shall be provided to any antenna array, support structure and to any ancillary structures used in conjunction with an antenna array. When the array is located in the interior of a property and access cannot be gained via a parking lot, alley or other driveway approach, a gravel lane shall be provided. When such a lane is necessary, care will be taken to make certain that its point of access to an alley, parking lot, street or other public way shall meet all applicable state and local requirements. Sufficient area shall be provided for the parking of a service vehicle, the location and extent of which will be subject to review and approval by the specified reviewing authority.

viii.

Unless the antenna array and its ancillary equipment will be housed inside a building, or completely enclosed within an addition to the building, any outdoor or detached structures housing the equipment shall be placed within a fully enclosed compound. Enclosure may be provided by a wall or a fence. The wall or fence shall be not less than eight feet high measured from the ground at the base of the structure to the top of the structure. A wall shall consist of architecturally attractive masonry material approved by the planning commission. If a fence, it shall be a tightly woven wire (chain link) type of fence to discourage climbing. A fenced compound shall also be screened by evergreen planting materials in the manner set forth and regulated in Article XXVII, Screening Devices and Landscaping, in this chapter. The ground area of the compound will be of adequate size to house all of the necessary ancillary equipment for three antenna arrays.

ix.

When a nonessential wireless telecommunications support structure shall be permitted as outlined in subsection (6)e., f., or g. of this section, the compound in which the support structure is located shall observe the minimum building setback requirements of the district it is located in, measured from the outside perimeter of the compound to all property lines, except when the support structure is located on property occupied by a residential dwelling, or is located on a site on property next to property containing a residential dwelling, the support structure, but only the support structure, shall be separated from the residential dwelling by a distance equal to one-half the full height of the support structure. This distance shall be measured from the outer face of the support structure nearest the residential dwelling to the nearest wall of the residential dwelling. When the support structure will be located on property occupied by a nonresidential use in a nonresidential oriented building, the support structure shall set back not less than ten feet from the nonresidential building, unless a greater setback is required by other applicable local, state or federal codes.

x.

An applicant shall submit written assurances that the owner or operator of any nonessential wireless telecommunications facility permitted in this section shall at all times conduct all operations of the system in full compliance with all applicable Federal Communications Commission (FCC) permits and conditions, including preventing any objectionable levels of interference.

xi.

An applicant shall submit written assurances that the owner or the operator of any wireless telecommunications facility permitted in this section shall at all times conduct all operations of the system in full compliance with all current state or federal regulations pertaining to no ionizing electromagnetic radiation, and furthermore, the owner and/or operator agrees in writing that if more restrictive state or federal regulatory standards are adopted during the operating life of the facility, the applicant or owner shall commence efforts to bring the facility into compliance with the new standards within 60 days of adoption of any such standards, and the owner or the operator agrees that they will bear the costs of testing and verifying compliance with such standards.

xii.

The applicant shall be responsible for maintaining the site in a structurally safe and attractive manner and shall maintain all landscaping and lawn areas in a living, growing condition, neat and orderly in appearance.

(8)

Co-location sharing. The policy of the City of Trenton towards nonessential wireless telecommunication facilities is for co-location. Therefore, the entity that owns a wireless telecommunication support structure shall not fail or refuse to alter their structure so as to accommodate other antenna arrays on the support structure, particularly when such alteration would permit the support structure to remain within the structural guidelines of this section.

Failure or refusal of the owner of a wireless telecommunications facility to alter their structure to accommodate co-location to the maximum extent permitted in this section, shall be deemed to be in direct violation and contradiction of the city's co-location first policy. Consequently, the owner shall be regarded by the city as having taken full responsibility for the violation and contradiction and shall be prohibited by the city from securing any additional approvals for the location of any more of their antenna arrays or related support structures in the city for a period of not less than seven years, commencing on the date of failure or refusal to permit co-location on their support structure or structures in the city of Trenton. The entity may seek a variance and obtain relief from the Trenton Zoning Board of Appeals (ZBA), provided the owner can clearly demonstrate entitlement to a variance. To that extent, the owner must demonstrate to the ZBA that enforcement of the seven-year prohibition would unreasonably discriminate among providers of functionally equivalent nonessential wireless telecommunication services, or that such enforcement would have the effect of prohibiting the provision of any personal wireless telecommunication services to the city.

(9)

Surety. Sufficient surety acceptable to the city shall be provided by the applicant to adequately cover the cost of removing the facility, along with any accessory equipment, including compound walls or fencing, and restoring the site when its usefulness as a wireless telecommunications facility is concluded. Estimates to remove the entire facility and carrying out restoration of the site shall be prepared and submitted to the city for review and acceptance by the city.

(10)

Permits. A use permit shall be issued by the city for an approved nonessential wireless telecommunications antenna array and where permitted for a support structure and related equipment cabinets, but only after review and approval of an application, in the manner set forth in this section, has been approved by the city or by the planning commission.

(Ord. No. 802, § 1, 12-14-2020)

Outdoor athletic and entertainment facilities including, stadiums, amphitheaters, coliseums, arenas, golf driving ranges, golf courses, tennis courts, racquetball courts, football, baseball, softball, soccer, polo and similar athletic track and field events, including equestrian contests, but excluding any form or type of competitive motor vehicle contests, theme parks, or amusement parks, provided:

(1)

An application to establish any use permitted in this section shall be subject to review and approval by the Trenton Planning Commission. A site plan shall be submitted for review and shall be prepared in accordance with the applicable requirements of Article XXVIII, Site Plan Review, in this chapter. In conducting its review, the planning commission shall consider the following:

a.

All such permitted uses shall be located in the I Industrial Districts only,

b.

All such permitted uses shall have direct access to a major thoroughfare.

c.

All exterior lighting shall be directed inward towards the use and away from adjacent uses.

d.

Except for the green areas of golf courses and golf driving ranges, i.e., fairways, and open driving range areas, a minimum setback of 150 feet shall be provided for the principal use together with all accessory uses, except off-street parking which may be located no less than 50 feet from any residential district. Within these two setbacks, there shall be provided and maintained, earth berms and extensive landscape plantings of sufficient height and intensity so as to effectuate a substantial landscape planting screen between uses and the adjacent residential district.

(2)

The planning commission shall conduct its review of a site plan at a public hearing duly advertised in the manner set forth in Article XXX, Public Hearings, in this chapter.

(Ord. No. 802, § 1, 12-14-2020)

Facilities for the accommodation of helicopters are considered separately under this section. For purposes of accommodating helicopters, the facilities are herein defined as the following:

Heliport. An area used by helicopters or by other steep-gradient aircraft which area includes passenger and cargo facilities, maintenance and overhaul, fueling service, storage space, tie-down space, hangars, and other accessory buildings and open spaces.

Helistop. An area on a roof or on the ground used by helicopters or steep-gradient aircraft for the purpose of picking up or discharging passengers or cargo; including fuel service, and tie-down space.

Helipad. An area on a roof or on the ground used by helicopters or steep-gradient aircraft for the purpose of picking up and discharging of passengers or cargo; but not including fuel service, maintenance or overhaul or tie-down space.

(1)

An application to establish any use permitted in this section shall be subject to review and approval by the planning commission. A site plan shall be submitted for review and shall be prepared in accordance with the applicable requirements of Article XXVIII, Site Plan Review, in this chapter. In conducting its review, the planning commission shall apply the following conditions:

a.

Heliports shall be permitted in the I Industrial Districts only. Helistops shall be permitted in all districts except the residential districts. Helipads shall be permitted in all districts.

b.

When reviewing an application for a heliport, helistop or helipad, the Trenton Planning Commission shall require contemporary standards recommended by the Federal Aviation Agency and Michigan Department of Transportation for the proper operation of such facilities.

c.

Adequate provision is made to control access to the facility.

d.

The surface of the facility is such that dust, dirt or other matter will not be blown onto adjacent property by helicopter operations.

e.

All applicable provisions of building, fire and health codes are met, including special provisions applicable in the case of rooftop heliports.

f.

Appropriate provision is made for off-street parking.

(2)

The planning commission shall conduct is review of a site plan at a public hearing duly advertised in the manner set forth in Article XXX, Public Hearings, in this chapter.

(Ord. No. 802, § 1, 12-14-2020)

In the development and execution of this section it is recognized that there are some uses, which, because of the very nature, are recognized as having serious objectionable operational characteristics. Special regulation of these uses is therefore necessary in order to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for preventing such uses from intruding into residential districts or areas, or areas occupied by places of worship, parks, or schools. No such use shall occupy an existing building or a proposed building that does not comply with the following requirements:

(1)

No adult entertainment facility as defined in this chapter shall locate in a R Residential or an I-2 Industrial Zoning District.

(2)

Except as otherwise set forth in this section no adult entertainment facility as defined in this chapter shall be located within 1,000 feet of a residential zoning district, any residential dwelling building, place of worship, park, or school.

(Ord. No. 802, § 1, 12-14-2020)

(a)

It has been demonstrated that the establishment of tattoo parlors in business districts which are immediately adjacent to and serve residential neighborhoods have a deleterious effect on both business and residential segments of the neighborhood resulting in blight. Prohibition against the establishment of more than two regulated uses within 1,000 feet of each other serves to avoid the clustering of certain business which when located in close proximity of each other, tends to create a deteriorating atmosphere. Such prohibition serves to avoid the deleterious effects of blight and devaluation to both business and residential property values resulting from the establishment of these businesses in a business district that is immediately adjacent to and serves residential neighborhoods. The orderly planning, development and preservation of neighborhoods should be encouraged and fostered by properties and persons that comprise the business and residential segments of each neighborhood.

(b)

Tattoo parlors as defined in this zoning code shall only be permitted in the B-3 zoning district, subject to the following requirements and conditions:

(1)

An application to establish any use permitted in this section shall be subject to review and approval of a site plan by the planning commission.

(2)

A site plan shall be submitted for review and shall be prepared in accordance with the applicable requirements of Article XXVIII, Site Plan Review, in this Ordinance Code. In conducting its review, the planning commission shall apply the following conditions:

a.

Not more than two such uses shall be permitted within 1,000 feet of each other.

b.

It shall be unlawful to establish any such use in a B-3 district if any portion of the property upon which such business is situated is within 300 feet of either a residential zoning district, place of worship, or school, unless the prohibition is waived by the planning commission after presentment of a validated petition requesting such waiver signed by 51 percent of those persons residing in a home or homes; or 51 percent of those owning a businesses or businesses; or both if surrounded by both; or by any place of worship or school; located within 300 feet of the proposed location.

c.

The site shall abut a major thoroughfare right-of-way and all ingress and egress to and from the site shall be via that major thoroughfare.

d.

The planning commission shall conduct its review of a site plan at a public hearing duly advertised in the manner set forth in Article XXX, Hearings Procedures for Special Land Uses and Use Permits, in this Ordinance Code.

(Ord. No. 802, § 1, 12-14-2020)

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

(1)

May be allowed only in the I-2 industrial district.

(2)

It shall be situated on a minimum lot size of three acres.

(3)

Spacing and well setbacks. In addition to the spacing and setback requirements of the state and regulations of its supervisor of wells, the drilling operation or operation of oil or gas wells, or well sites shall not be located within 300 feet from any road right-of-way, 500 feet of a residentially zoned or used property, or any property used for religious facility, public or private school, hospital, hospital clinic or healthcare facility and 100 feet from any other property line. No installation, drilling and operation of any well shall be located within 15 feet from another drilling operation or operation of oil or gas well, or well site. The proponent seeking to engage in activity shall also demonstrate to the city, a legal entitlement to drill on adjacent properties through mineral right acquisition or other means. Measurement of setback shall be made from the edge of the well site (in a straight line, without regard to intervening structures or objects), to the closest exterior point of the adjacent parcel.

(4)

Height. The completed well head structure shall not exceed 22 feet in height. Any temporary drilling derrick or other facility shall not exceed 110 feet in height. Temporary drilling derricks and rigs shall not be in place for longer than 60 days. A permit for an additional 30 days may be secured upon presentation to the supervisor of sufficient documentation demonstrating that reasonable progress has occurred throughout the initial 60-day period and that operations can be completed within an additional 30 days.

(5)

Fencing, landscaping and lighting. An oil or gas well site shall be completely enclosed with a six feet high fence with materials compliant with ordinances. Staggered six feet tall Evergreen trees shall be placed around the perimeter of the fence with a minimum landscape greenbelt buffer of 25 feet in depth. This landscaping buffer shall be in place within 30 days of the removal of the temporary drilling deck/rig. Exterior lighting shall comply with the provisions of the city's ordinances and shall be shielded so as not to be disruptive to adjoining parcels.

(6)

Nuisance mitigation. The drilling, completion, or operation of oil or gas wells or other wells drilled for oil and gas exploration purposes shall comply with the additional site requirements of the section and any other applicable ordinance provisions. Such standards address potential nuisances such as noise, smoke, dust, and the like. To the extent this section is more restrictive the provisions of this section shall control.

(7)

Dust, noise, vibration, and odors. All operations shall be conducted in a manner so as to minimize, as far as practicable dust, noise, vibration or noxious odors and shall be in accordance with the best accepted practices defined by the state department of environmental quality for the production of oil, gas, or other hydrocarbon substances in urban areas. All equipment used shall be constructed and operated so that vibration, dust, odor or other harmful or annoying substances or effects will be minimized by the operations carried on at any time, or from anything incidental thereto, and to minimize the annoyance of persons living or working in the vicinity. Additionally, the site or structures on the property shall not be permitted to become dilapidated, unsightly, or unsafe. The city may impose additional reasonable restrictions upon such operations as to reduce adverse impacts upon adjacent properties.

(8)

Oil and gas processing facilities. Associated processing facilities that separate oil, gas and brine and hold said products for transport off-site for further refinement and processing are not permitted.

(9)

Compliance with laws and permit issuance. The drilling, completion, or operation of oil and gas wells or other wells drilled for the purpose of oil or gas exploration shall be done in conformity with all state and federal laws, statutes, rules, and regulations pertaining thereto and particularly with the state and regulations of its supervisor of wells. This shall include obtaining the required permit from the supervisor of wells which permit shall be provided to the city prior to the city issuing special land use approval under this section. This requirement applies to, but is not limited to the plugging of wells, the exploring for, producing, marketing and transportation of petroleum products and the disposition and removal of any byproducts utilized and associated with said activities.

(10)

Associated permits and approvals. Special land use approval for the drilling, completion, or operation of oil or gas wells or other wells drilled for oil or gas exploration purposes is in addition to and not in lieu of any permit or plan which may be required by any other provision of the city zoning Ordinance, building and fire codes, or by any other governmental agency, unless expressly outlined.

(11)

Operations.

a.

Permitted construction activity hours. Site preparation and construction of well sites are limited to the hours of 7:00 a.m. to 7:00 p.m. Construction activities associated with establishing of well sites may be eligible for an exception by the building official if such activities are in compliance with applicable laws and permits and is demonstrated that noise and disturbance from such activities will not be annoying or disturbing to surrounding uses.

b.

The movement of drilling rigs, tanker trucks or heavy equipment used in connection with drilling or operation of oil or gas wells over city roads and streets, shall require the approval of the supervisor in conjunction with a review by the city engineer. A proposed traffic route and the axel weight, vehicle weight and description shall be submitted in advance to the city by the applicant.

c.

All brine, mud, slush, saltwater, chemicals, wastewater, chemical fluids or waste produced or used in the drilling of production of oil or gas shall be safely, lawfully and properly disposed of to prevent infiltration of or damage to any fresh water well, groundwater, watercourse, pond, lake or wetland. Such materials shall be promptly removed from the site and shall not be continuously stored upon the site.

d.

The oil or gas well site shall be kept in a clean and orderly condition, free of trash and debris, with vegetation cut. Machinery which is not expected to be used on the site within a two-week period, shall not be kept or stored at the well site.

e.

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

(12)

Inspection. The building official and any other designee of the supervisor shall have the right and privilege at any time during the construction phase and any drilling operation to enter upon the premises subject to special land use approval for the purpose of making inspections to determine if the requirements of this section and other applicable ordinances are complied with.

(13)

Injection wells. Injection wells used for brine disposal or other chemicals from production of wells or from other sources are prohibited within the city.

(14)

Pipelines. No operator shall excavate or construct any lines for the conveyance of fuel, water, oil, gas, or petroleum liquids under or through the streets, alleys or other properties owned by the city without an easement or right-of-way issued by the city.

(15)

Submittal requirements. In addition to the requirements for a site plan and other submittal requirements under the general provisions of special land use, the following information shall be submitted as part of the application:

a.

Environmental impact study. Applicant shall submit an environmental impact statement filed with the state department of environmental quality in connection with a well permit under the applicable provisions of the Natural Resources and Environmental Protection Act, MCL 524.61501 et seq. or as otherwise amended and administrative rules promulgated thereunder.

b.

Hydrogeological analysis.

c.

Emergency response plan. Pursuant to state and federal law, the operator shall provide any information necessary to the city department of emergency management, who will forward a copy to Wayne County Homeland Security and Emergency Management with an emergency response plan and hazardous materials survey establishing written procedures to minimize any hazard resulting from the operation. The emergency response plan shall include emergency contact information.

d.

Reclamation plan. A written statement describing how the land will be returned to a stable and productive condition post drilling operations shall be furnished. Time for completion of reclamation shall be provided. The city shall require a bond calculated at the estimated cost of reclamation procedures which shall be returned following reclamation or may be drawn upon in the event reclamation is not completed if provided in a timely fashion.

e.

The operations plan shall include identification of site ingress and egress, a haul route map, hours of operation, soil erosion, mud and dust control plan, noise control plan, identification of operational noise impacts including documentation of establishing noise levels and mitigating noise levels, shall provide topography, shall provide an odor and fume control plan, pollution prevention plan, impact mitigation plan, monitoring and control plan.

(Ord. No. 802, § 1, 12-14-2020)

Because the uses hereinafter referred to possess unique characteristics making it impractical to place them in a specific district classification, they may be permitted by the Trenton City Council under the conditions specified, and after public hearing, and after a recommendation has been received from the planning commission. In every case, the uses hereinafter referred to shall be specifically prohibited from any residential districts, unless otherwise specified.

These uses require special consideration since they service an area larger than the city or require sizable land areas, creating problems of control with reference to abutting use districts. Land use falling specifically within the intent of this section, and their particular requirements are outlined as follows.

(Ord. No. 802, § 1, 12-14-2020)

Urban gardens are hereby established as part of the Zoning Code to ensure that urban garden areas are appropriately located and protected to meet needs for local food production, community health, community education, garden-related job training, environmental enhancement, preservation of green space, and community enjoyment on sites for which urban gardens represent the highest and best use for the community.

(1)

Definitions.

a.

Community garden means an area of land managed and maintained by a group of individuals to grow and harvest food crops and/or non-food, ornamental crops, such as flowers, for personal or group use, consumption or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members.

b.

Market garden means an area of land managed and maintained by an individual or group of individuals to grow and harvest food crops and/or non- food, ornamental crops, such as flowers, to be sold for profit.

c.

Greenhouse means a building made of glass, plastic, or fiberglass in which plants are cultivated.

d.

Hoophouse means a structure made of PVC piping or other material covered with translucent plastic, constructed in a "half-round" or "hoop" shape.

e.

Coldframe means an unheated outdoor structure consisting of a wooden or concrete frame and a top of glass or clear plastic, used for protecting seedlings and plants from the cold.

(2)

Permitted main uses. Only the following main uses shall be permitted:

a.

Community gardens which may have occasional sales of items grown at the site;

b.

Market gardens, including the sale of crops produced on the site.

(3)

Permitted accessory uses. Only the following accessory uses and structures shall be permitted:

a.

Greenhouses, hoophouses, cold-frames, and similar structures used to extend the growing season;

b.

Open space associated with and intended for use as garden areas;

c.

Benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, chicken coops, beehives, and children's play areas;

d.

Buildings, limited to tool sheds, shade pavilions, barns, rest-room facilities with composting toilets, and planting preparation houses.

e.

Off-street parking and walkways, in conformance with the regulations of Article XXVI.

(4)

Supplemental regulations. Uses and structures shall be developed and maintained in accordance with the following regulations.

a.

Location. Buildings shall be set back from property lines of a Residential District as required by the schedule of regulations, or a minimum of five feet, whichever is greater.

b.

Height. No building or other structure shall be greater than the height allowed in the district, or 25 feet, whichever is less.

c.

Building coverage. The combined area of all buildings, excluding greenhouses and hoophouses, shall not exceed 15 percent of the garden site lot area.

d.

Parking and walkways. Off-street parking shall be permitted only for those garden sites exceeding 15,000 square feet in lot area. Such parking shall be limited in size to ten percent of the garden site lot area and shall be either unpaved or surfaced with gravel or similar loose material or shall be paved with pervious paving material. Walkways shall be unpaved except as necessary to meet the needs of individuals with disabilities.

e.

Seasonal farm stands. Seasonal farm stands shall be removed from the premises or stored inside a building on the premises during that time of the year when the garden is not open for public use.

f.

Fences. Fences shall not exceed six feet in height, shall be at least 50 percent open if they are taller than four feet, and shall be constructed of wood, chain link, or ornamental metal. For any garden that is 15,000 square feet in area or greater and is in a location that is subject to design review and approval by the city planning commission, no fence shall be installed without review by the building official, on behalf of the commission, so that best efforts are taken to ensure that the fence is compatible in appearance and placement with the character of nearby properties.

(Ord. No. 802, § 1, 12-14-2020)