All territory annexed to the city shall automatically be classified R1-A Single-Family Residential District, pending immediate review by the planning commission of use, zoning, and master plan considerations concerning such annexed territory. If deemed appropriate following such review, the planning commission may recommend zoning map revisions to the city council.

(Code 1994, § 21.01)

Whenever any street, alley or other public way shall be vacated, such street, alley or other public way or portion thereof shall automatically be classified in the same district as the property to which it attaches.

(Code 1994, § 21.02)

Except as otherwise provided herein, regulations governing land and building use are hereby established as shown on the schedule of regulations. Uses permitted in each district after special approval shall be permitted only in accordance with the special approval standards and procedures in section 51-21.29.

(Code 1994, § 21.03)

Except as otherwise provided herein, regulations governing the minimum lot width, lot area per dwelling unit, required open spaces, height of buildings and other pertinent factors are as shown on the schedule of regulations.

(Code 1994, § 21.04)

No portion of a lot used in or necessary for compliance with the provisions of this chapter shall through sale or otherwise be reduced beyond said minimums or again be used to satisfy the zoning requirements of another lot.

(Code 1994, § 21.05)

(a)

The height limits of this ordinance may be modified by the zoning board of appeals in its application to radio transmitting and receiving or television antennae, chimneys or flagpoles, church spires, belfries, cupolas, domes, water towers, observation towers, power transmission towers, radio towers, masts, aerials, smokestacks, ventilators, skylights, derricks, conveyors, cooling towers, and other similar and necessary mechanical appurtenances pertaining to the permitted uses of the districts in which they are located.

(b)

The maximum height set forth in the schedule of regulations shall not apply to radio transmitting or television antennae that do not exceed the maximum permitted height of the building by more than ten feet.

(Code 1994, § 21.06)

Every corner lot in any residential district which has on its side street an abutting interior residential lot, shall have a minimum setback from the side street equal to the minimum front setback for the district in which such building is located. Where there is no abutting interior residential lot on said side street, the minimum side street setback shall be 15 feet for the permitted principal building and 20 feet for permitted accessory buildings.

(Code 1994, § 21.07)

On any corner lot in any district, no wall, fence or other structure, nor any hedge, shrub or other growth shall be maintained at a height which would obscure vision of drivers properly using the street. Any such structures or growth above a height of 30 inches from the established street grades within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines at a distance along each line of 25 feet from their point of intersection shall be presumed an obstruction and shall be specifically prohibited.

(Code 1994, § 21.08)

In all residential districts, so-called entranceway structures, including, but not limited to, walls, columns and gates, marking entrances to single-family subdivisions or multiple housing projects may be permitted and may be located in a required yard, except as provided in section 51-21.08, provided that such entranceway structures shall comply to all codes and ordinances of the city, be approved by the building inspector and a permit issued.

(Code 1994, § 21.09)

(a)

General requirements.

(1)

Timing of construction. No accessory use shall be established on a lot, and no accessory building or structure shall be occupied or used, unless there is a principal use already lawfully established on the same lot.

(2)

Site plan approval. Accessory structures, buildings and uses shall require site plan review and approval when and as required by any applicable code or ordinance. If submission of a site plan for review and approval is required, then the site plan shall indicate the location and description of proposed accessory buildings, structures or uses.

(3)

Nuisances. In residential districts, accessory uses, such as animal enclosures, dog runs, central air conditioning units, heat pumps and other mechanical equipment that typically produce noise, odors, or other nuisances, shall be located to the rear of the principal dwelling except that upon a showing of practical difficulty, mechanical units may be located in a side yard provided the mechanical unit is screened on the front and side by natural vegetative screening or enclosed by a wood or masonry fence not exceeding the height of the mechanical unit.

(4)

Conformance with lot coverage standards. Accessory buildings and structures shall be included in computations to determine compliance with maximum lot coverage standards.

(5)

Location in proximity to easements or rights-of-way. Accessory buildings, structures, or uses shall not be located within a dedicated easement or right-of-way, unless otherwise permitted by the terms and conditions in the easement.

(6)

Use of accessory structures. Accessory buildings or structures in residential districts shall not be used as dwelling units or for any business, profession, trade or occupation.

(7)

Applicability of other codes and ordinances. Accessory buildings and structures shall be subject to all other applicable codes and ordinances regarding construction, installation, and operation, including requirements for foundations and rat walls.

(b)

Attached accessory buildings and structures. Accessory buildings or structures which are structurally attached to the principal building (such as an attached garage, breezeway, or workshop that is essentially a continuation of the principal building) shall be considered a part of the principal building for the purposes of determining conformance with area, setback, height, and bulk requirements.

(c)

Detached accessory buildings and structures.

(1)

Location. Detached accessory buildings and structures shall not be located in a front yard or a required side yard, except that on a lot that either abuts the lake or is across the street from the lake, one accessory building or structure may be permitted in the front (i.e., on the side facing the road), provided further that any such accessory building or structure shall comply with the minimum setback requirements for the district in which it is located. Accessory buildings and structures shall not be permitted in a required waterfront yard except, docks, mooring structures, boat launches, lifts and hoists as permitted by and subject to the regulations, requirements and conditions pursuant to applicable codes and ordinances, including, but not limited to, chapter 50, article IX, and section 51-21.49, as amended. (See section 51-21.45 for permitted projections into required yards.)

(2)

Setbacks. Detached accessory buildings and structures shall comply with the following setback requirements:

a.

Front yard setback. Unless otherwise specified, when an accessory building or structure is permitted in the front yard it shall comply with the front yard setback requirement for the district in which it is located.

b.

Waterfront yard setback. Accessory buildings and structures shall comply with the 30-foot waterfront setback requirement, except docks, mooring structures, boat launches, lifts and hoists as permitted by and subject to the regulations, requirements and conditions pursuant to applicable codes and ordinances, including, but not limited to, chapter 50, article IX, and section 51-21.49, as amended.

c.

Rear yard setback.

1.

Residential detached accessory buildings and structures. Detached accessory buildings and structures located on property that is zoned and used for residential purposes shall have a minimum rear yard setback of seven feet.

2.

Nonresidential detached accessory buildings and structures. Detached accessory buildings and structures located on property that is zoned or used for nonresidential purposes shall comply with the minimum rear yard setback requirements in section 51-17.01 for the district in which it is located.

d.

Side yard setback. Accessory buildings and structures shall comply with the side yard setback requirements for the district in which it is located.

Private, residential docks in single-family zoning districts. Docks shall be located on the property so as to observe the following minimum side yard setback from each riparian side lot line:

e.

Side yard setback on corner lots.

1.

When an accessory building, structure or use is located on a corner lot where the exterior side lot line of which is substantially a continuation of the front lot line of the lot to its rear, the accessory building; structure or use shall not project beyond the front setback required on the lot in the rear.

2.

When an accessory building, structure or use is located on a corner lot where the side lot line of which is substantially a continuation of the side lot line of the lot to its rear, the accessory building, structure, or use shall comply with the required side setback for the district in which it is located, provided that in no case shall an accessory building, structure, or use be located nearer than 20 feet to a street right-of-way.

f.

Distance from other buildings. Detached accessory buildings and structures shall be located at least ten feet from any other building, except that a 15-foot setback shall be required for dumpsters and dumpster enclosures (see section 51-21.39).

(3)

Size.

a.

Unless otherwise specifically permitted elsewhere in this chapter, the maximum combined ground area coverage of all accessory buildings and structures related to a principal residential use shall not exceed 30 percent of the rear yard, provided that the total ground area coverage of all accessory buildings shall not exceed 1,000 square feet or the total ground area coverage of the principal dwelling, whichever is greater.

b.

In nonresidential districts, the maximum combined ground area coverage of all accessory buildings, structures, and uses shall not exceed 30 percent of the total floor area of the principal building.

(4)

Height. Detached accessory buildings and structures in single- and two-family districts shall not exceed 18 feet in height. Detached accessory buildings and structures in other than single- and two-family districts shall comply with the height requirement for the district in which they are located.

(5)

Number.

a.

Single- and two-family districts. Except where otherwise specified, not more than two accessory buildings, structures, or uses shall be located on any lot exclusive of permitted docks, mooring structures, boat launches, lifts and hoists located on a waterfront lot, except that up to four may be permitted on lots that exceed one acre in size. No more than one dock per 50 linear feet of shoreline shall be permitted on a waterfront lot.

b.

Districts other than single- and two-family districts. Except where otherwise specified, not more than two accessory buildings; structures or uses shall be permitted in districts other than single-family and two-family districts.

(6)

Mobile home parks. Detached accessory buildings in mobile home parks shall comply with the setback and spacing requirements in the mobile home commission rules.

(d)

Outdoor seating and outdoor display areas.

(1)

Outdoor seating shall be permitted in all nonresidential zoning districts as an accessory use, subject to the permit/licensing requirements of chapter 18, article X of the city Code of Ordinances.

(2)

Outdoor display areas shall be permitted in all nonresidential zoning districts as an accessory use, subject to the permit/licensing requirements of chapter 18, article X of the city Code of Ordinances.

(Code 1994, § 21.10; Ord. No. C-287-10, § 6, 1-18-2011; Ord. No. C-338-18, 6-19-2018)

(Code 1994, § 21.11)

(a)

The ground areas outside the walls of any building or structure hereafter erected, altered, or moved shall be so designed that surface water shall flow away from the building walls in such a direction and with such a method of collection so as not to cause or create a nuisance to adjacent properties or public nuisance detrimental to the general health, safety or welfare of the community. Where property is developed adjacent to previously developed existing properties, existing grades of adjacent properties shall have priority over any proposed grade changes. Any property owner/developer who intends to add fill above the height of the existing contiguous grades shall demonstrate to the building official's satisfaction, that additional fill is not detrimental to surrounding properties in terms of compatibility and drainage issues. Grades around houses or structures shall meet existing grades in the shortest possible distance, as determined by the building official, but under no circumstances shall exceed 1:4 slopes or 25 percent grades.

(b)

A certificate of occupancy will not be issued until final grades are approved by the city building official. A certificate of grading shall be completed by the applicant. The building official shall require a certified copy of the grading plan to be submitted by a registered civil engineer or land surveyor.

(Code 1994, § 21.12; Ord. No. C-333-17, § 4, 7-18-2017)

Fences and walls shall comply with the following regulations:

(1)

Height, location, clearance. Fences and walls shall comply with the height, location, and clearance requirements specified in the attached table. Decorative fences are permitted to extend to the water's edge. Other than decorative fences not exceeding 36 inches in height, no other type of fence is permitted in a waterfront yard or on a waterfront lot.

(2)

General requirements.

a.

Application.

1.

Applications for a permit shall be accompanied by a plot plan showing the location of the proposed fence or wall in relation to property lines and buildings on the subject property and adjacent properties. The applicant shall provide detailed specifications, such as height, type of materials, foundation of fence post anchoring, and surface treatment.

2.

The application shall be accompanied by a fee as established by resolution by the city council. A plot plan and separate application shall not be required if all such information has been provided on a site plan submitted for approval.

b.

Construction. Fences shall be constructed of materials commonly used in conventional fence construction, such as wood or metal.

c.

Depth of wall foundations. Wall foundations shall comply with building code requirements.

d.

Depth of posts. All fences shall be installed with posts sunk below the approved grade to a depth of no less than one-half of the height of the fence.

e.

Maintenance. All fences and walls shall be maintained in good, safe, and stable condition in accordance with all municipal codes. Rotten, broken or missing components shall be replaced or repaired. As required, surfaces shall be painted, stained, or similarly treated.

f.

Permit required. It shall be unlawful to construct, erect, install, alter or to cause the construction, erection, installation or alteration of any fence or wall without first obtaining required permits.

g.

Orientation. If, because of the design or construction, one side of a fence has a more finished appearance than the other, the side of the fence with the more finished appearance shall face the exterior of the lot.

h.

Vision. All fences and walls shall comply with the requirements regarding obstructions to vision on corner lots in section 51-21.08.

i.

Barbed wire, razor wire. Fences and walls shall not contain barbed wire, razor wire, electric current, or charge of electricity.

j.

Enclosure of utility facilities and playgrounds. The zoning board of appeals may permit fences in front yards or exterior side yards in the I-1 District. Light public playgrounds that are available for general use in any district. Fences which enclose industrial district or to enclose a playground shall not exceed seven feet in height above grade, and shall not obstruct vision to an extent greater than 25 percent.

k.

Pools. State law, see appendix G of current and prevailing building code.

l.

Decorative fences. A decorative fence is intended to create a delineation along the perimeter of an area while not obstructing the view into the area. It is not intended to provide a secure barrier preventing access in to or out of the area. The following design standards shall apply to decorative fences:

1.

Split rail fence: Split rail fences shall be comprised of vertical posts and no more than three horizontal rails, all constructed of the same material.

2.

Picket fences: Picket fences shall not have vertical pickets greater than two inches in width and shall have a gap between each vertical picket of not less than eight inches.

3.

Materials: Decorative fences may be constructed of wood, metal or composite material. End posts may also be composed of masonry materials such as brick or stone. Vinyl and wire are prohibited.

4.

Additional barriers: No wire, mesh or other additional barrier material shall be adhered to a decorative fence.

5.

Prohibited fences: Any fence which significantly impairs the view into an area shall not meet the standards of a decorative fence. Such fences include, but are not limited to, stockade fences, chain link fences and picket fences where the pickets do not met the spacing requirement defined above.

(Code 1994, § 21.13; Ord. No. C-360-21, § 2, 1-18-2022)

Footnotes.

1. May be located in the required side or rear yard, but on corner lots, fences and walls shall be set back at least ten feet from the road right-of-way.

2. Decorative fences may be established on waterfront lots that do not have an established principal structure or use.

3. Decorative fences in the single-family or multiple-family districts may include decorative fence posts which do not exceed 42 inches in height.

4. Walls shall be reduced to a maximum of three feet above grade within 25 feet of any street right-of-way.

5. Decorative fences may be located in the required side, rear or waterfront yard, but they shall be set back at least one foot from the road right-of-way.

6. Fences which enclose public playgrounds or institutional playgrounds shall not exceed seven feet above grade and shall not obstruct vision to an extent greater than 25 percent of the total fence area.

7. See wall requirements in section 51-21.14 and 51-21.16.

8. Walls on corner lots shall be set back at least ten feet from the road right-of-way.

9. Where needed to screen outside storage, fences and walls may be up to eight feet in height.

10. Fences may be permitted in the front yard or side yard facing a street to enclose public utility yards and public playgrounds.

(Code 1994, § 21.13(a); Ord. No. C-360-21, § 2, 1-18-2022)

Lots which are utilized for nonresidential purposes or for off-street parking shall provide and maintain screening in accordance with the following regulations:

(1)

Where the side or rear lot lines of a lot that is used for nonresidential purposes or off-street parking abut property that is zoned for residential use, a masonry screening wall shall be constructed in accordance with the height and locational standards in this section and section 51-21.16.

(2)

The extent and height of a required screening wall shall be determined by the planning commission, provided the minimum wall height shall be as indicated in the following table, except that the wall shall be reduced to a maximum height of three feet above grade within 25 feet of any street right-of-way line.

(3)

Required walls shall be placed inside and adjacent to the lot line except in the following instances:

a.

Where underground utilities interfere with placement of a wall at the property line, the wall shall be placed on the utility easement line located nearest the property line.

b.

Where required by this chapter, walls shall conform to the setback requirements for the district in which they are located.

c.

Where landscaping is required adjacent to a required wall, the wall may be located up to 15 feet from the property line to allow space for the required landscaping.

(4)

As a substitute for a required screening wall, the planning commission may, in its review of the site plan, approve the use of other existing or proposed living or manmade landscape features (such as closely spaced evergreens and a berm) that would produce substantially the same results in terms of screening, durability, and permanence. Any such substitute screening shall comply with the applicable requirements in section 51-21.35.

(5)

The planning commission may waive the requirements for a screening wall upon making the determination that:

a.

The adjoining residential district is in transition and will become nonresidential in the future; or

b.

Existing physical features provide adequate screening.

(Code 1994, § 21.14)

(Code 1994, § 21.15)

Wherever in this chapter a wall is required:

(1)

The wall shall be stone, brick, faced with brick or precast concrete of an ornamental design, and shall be erected on a concrete foundation which shall have a minimum depth of 42 inches below the approved grade and in compliance with the adopted building code, and at least four inches wider than the wall to be erected. The wall shall be capped with concrete coping block or another suitable method of preventing damage to the top of the wall.

(2)

All walls shall be constructed prior to the back filling of any foundation or prior to any construction that extends above the foundation wall, whichever first occurs, in order to preserve the residential character and livability of the adjacent residential properties during the time of construction.

(3)

Foundation plantings from the recommended plant list in section 51-21.35(5)a shall be planted along all required walls. The plantings shall be on the side of the wall facing the road or adjacent property. Any one of the following shall be provided to fulfill the foundation planting requirement: One shrub like tree or evergreen tree every ten linear feet of wall; one deciduous tree planted per 30 linear feet; or eight shrubs planted per 30 linear feet of wall. Other landscaping may be substituted for one tree at the discretion of the planning commission.

(4)

Whenever a required wall exceeds 40 feet in length, it shall incorporate piers, pilasters, modulations in the wall (variation in height or break in linearity), or other ornamental architectural elements, spaced a distance of no more than six times the height of the wall.

(5)

A curb constructed of concrete, or other barrier approved by the planning commission, shall be placed at all parking spaces abutting a required wall, and shall be placed no closer than five feet from the wall to prevent vehicle encroachment into the wall.

(Code 1994, § 21.16)

No residential building shall be erected on any lot which does not abut for at least 20 feet upon a public street or permanent unobstructed easement of access connecting such lot with a public street. Such street or easement shall have a minimum width of 30 feet, except where such street or easement of less width existed prior to the adoption of this chapter. Such building shall not be permitted nearer to such easement line than to the street line. Such street or easement of access shall not reduce the side open space of an existing residential building to less than eight feet or reduce the rear open space to less than 20 feet.

(Code 1994, § 21.17)

In all zoning districts, residential occupancy of any accessory building is expressly prohibited.

(Code 1994, § 21.18)

Essential services shall be permitted as authorized and regulated by law and other ordinances of the city, it being the intention hereof to exempt such essential services from the application of this chapter, except that all above-grade buildings hereunder shall be subject to site plan review in accordance with this chapter.

(Code 1994, § 21.19)

No automotive trailer camps or tourist cabins shall be established, and automobile trailers, recreational vehicles, boats and similar portable dwellings or tents shall not be permitted to be used or occupied as dwellings.

(Code 1994, § 21.20)

Temporary buildings, structures, and uses may be permitted by the director of planning and development or the director's designee, subject to the following conditions:

(1)

Unless otherwise noted in this section, a permit for a temporary building, structure, or use shall not be issued for a period exceeding six months. However, extension of a temporary permit may be granted, provided that the applicant demonstrates that diligent efforts are underway to alleviate the condition necessitating the temporary permit.

(2)

The application for temporary permit shall be accompanied by a properly-dimensioned plot plan that clearly illustrates, where applicable, the proposed structure or use, parking, signs, lighting, storage, trash collection areas, utility services (including electrical and telephone wires, water service, and sanitary service), generators and other power equipment, driveways and other pertinent site features. The plot plan shall be based on a mortgage survey or registered survey or shall be based on actual field measurements, provided that such measurements adequately and accurately portray the conditions on the site.

(3)

The director of planning and development may require safeguards related to minimum setbacks, screening, off-street parking, hours of operation, site clean-up, site access, and any other reasonable conditions the director deems necessary to protect the health, safety, welfare and comfort of the public.

(4)

A temporary permit shall not be issued for a structure or use that is listed as a permitted principal or special land use in a district and is intended to operate year-after-year with no specific date of or conditions for termination.

(5)

The director shall require posting of a performance guarantee to ensure site clean-up, including sign removal.

(6)

A temporary use permit shall not be required for installation of a temporary construction trailer or other structures or uses during the period that a construction project is in progress on the same or a nearby site.

(Code 1994, § 21.21)

No compost heaps, garbage, filth, refuse or other obnoxious matter shall be kept in open containers, piled or laid on the open ground; and all containers shall be stored in such a way so as not to be visible from any street.

(Code 1994, § 21.22)

The use of land for quarry excavation or the removal or filling of topsoil, sand, gravel or other material from or on the land is not permitted in any zoning district except under a permit from the building inspector. Approval shall not be granted, and a permit shall not be issued, if such removal or filling will be above or below the normal grade as established from the nearest existing or proposed street, or will cause stagnant water to collect or leave the surface of the land, at the expiration date of such permit, in an unsuitable condition or unfit for the growing of turf or for other land uses permitted in the district in which the removal or filling occurs. This regulation shall not prohibit the normal removal or filling of soil for the construction of an approved building or structure when such plans have been approved by the building inspector, and a building permit has been issued for said building development. The removal, filling or combination of removal and filling of soil in excess of 1,000 cubic yards shall require site plan approval by the planning commission, unless such activity is normally related to activity for which a building permit has been issued.

(Code 1994, § 21.23)

The use of open land for the open storage or collection or accumulation of lumber, except for firewood less than two feet long that is stored for use on the premises, or manmade materials, or for the dumping or disposal of scrap metal, junk, parts of automobiles, trucks, boats, tires, garbage, rubbish, or other refuse or of ashes, slag or other wastes or by-products, shall not be permitted in any district.

(Code 1994, § 21.24)

The city shall have the right to construct and maintain any building or structure required for the performance of its governmental or proprietary functions, provided that such building, structure or function shall conform to the use and procedural regulations of the district in which it is located and of this chapter, be constructed so as to conform with the surrounding uses, and shall be subject to site plan approval pursuant to section 51-21.28.

(Code 1994, § 21.25)

It shall be unlawful for any person to install, erect or cause or permit the installation of a permanent structure (including by way of example but not limitation, garage, building or large tree) on or across an easement of record which will prevent or interfere with the free right or opportunity to use or make accessible such easement for its proper use. Where public utilities now exist, a six-foot easement shall be maintained.

(Code 1994, § 21.26)

No activity or use shall be permitted on any property which by reason of the emission of odor, fumes, smoke, vibration, radiation, noise, disposal of waste or other similar externality is deleterious to other permitted activities in the zone district or is obnoxious or offensive to uses permitted in neighboring districts.

(Code 1994, § 21.27)

(a)

Statement of purposes. The site plan review process is established for the following purposes:

(1)

Consultation and cooperation. A purpose of site plan review is to provide a framework for consultation and cooperation between land owners and developers and the city in order to accomplish the owner's and developer's land use objectives in harmony with surrounding existing and planned land.

(2)

Determination of compliance. This section establishes procedures to ensure that development proposals are in compliance with this chapter and other applicable city, county, state and federal regulations.

(3)

Overview of procedures.

a.

Pre-site plan review provides the land owner or developer and city the opportunity to discuss a proposed development prior to planning commission review to determine the project's feasibility and potential problems.

b.

Planning commission review is required to determine the compliance of the site plan with the zoning ordinance and other applicable regulations, its adherence with sound site planning and design principles, and conformance with the criteria for approval of site plans outlined in subsection (g) of this section.

c.

Variances may be required for site plan approval if the site plan does not conform to specific requirements of the zoning ordinance. The zoning board of appeals hears requests for variances under the provisions of article 23.00 of this chapter.

d.

Administrative review shall be conducted pursuant to the criteria set forth in subsection (e) of this section by the development coordinator or his designated representative for site plan review, and/or by an administrative plan review committee as determined by the development coordinator.

(b)

Scope of requirements. In each zoning district, except for single-family residential uses in the R1-A and R1-B Single-Family Residential Districts, no building shall be erected, moved, relocated, converted or structurally altered and no change or addition of use, expansion or reduction of off-street parking, or filling, excavation or grading shall be undertaken until a site plan has been submitted for review and approval, as specified in this section. A structural alteration shall be defined as one that changes the location of the exterior walls and/or the area of the building. Filling, grading or excavation which causes more than five cubic yards of earth material to be disturbed shall require site plan approval. Condominium development in any district requires site plan approval.

(c)

Pre-site plan review.

(1)

Required. Pre-site plan review shall be required for all site plans except those determined by the development coordinator to be generally minor in scope, complete and in compliance with zoning regulations, free of any impact on surrounding property, and not requiring a discretionary decision by the planning commission. In making these determinations, the coordinator may seek the advice of the planning consultant or others.

(2)

Pre-site plan review committee.

a.

Membership. Membership on the pre-site plan review committee may vary depending on the nature of the proposal being reviewed at a particular committee meeting, but shall generally consist of the members listed below. Attendance by each member or class of members is not required, and a majority of members need not be present for the committee to conduct a review of a development proposal.

1.

The development coordinator or his designated representative or successor.

2.

The city planner and city engineer.

3.

One to three representatives of the planning commission.

4.

Other city staff or consultants who the director of planning and development determines are needed to properly evaluate a proposal.

b.

Meetings. Meetings of the pre-site plan review committee shall be scheduled and held as needed by the development coordinator. The development coordinator shall ensure that all members of the committee are notified of meetings.

c.

Responsibilities. The committee may, in an advisory capacity:

1.

Review and comment on site plan proposals;

2.

Provide guidance to land developers, particularly regarding zoning ordinance and other applicable regulations and planning and development objectives of the city;

3.

Review other plans or proposals referred to it by the planning commission or development coordinator; and

4.

Identify when a site plan or other development proposal is substantially complete.

d.

Effect of committee's review. The pre-site plan review committee's review shall not substitute for or be construed in any way as a decision or opinion of the planning commission regarding the site plan.

e.

Placement of site plan on planning commission's agenda. The development coordinator or his designee shall prepare the agenda for the planning commission's regular meeting. The coordinator shall seek assistance from the planning commission chairperson and the city planner.

(3)

Application for review by pre-site plan review committee.

a.

An applicant shall submit the following prior to review by the pre-site plan review committee:

1.

A completed application form.

2.

The fee established by the city council.

3.

Not less than nine individually folded copies of the site plan and supporting documentation, prepared in sufficient detail to indicate the layout of the proposed development and to enable determination of compliance with this chapter.

i.

An applicant may submit plans and documentation that are less than complete for the purposes of obtaining guidance during the plan preparation process. The pre-site plan review committee can only comment on the plans that have been submitted, so the committee's comments are subject to revision when completed plans and documentation are submitted.

ii.

The development coordinator shall review the plans and supporting documentation to determine if sufficient information has been provided to determine the nature and scope of the proposal and compliance with zoning regulations.

b.

If the development coordinator determines the materials are sufficient, he shall schedule a meeting of the pre-site plan review committee as soon as is convenient.

(d)

Planning commission review. Where a site plan requires review by the planning commission, the applicant shall comply with the following procedures and requirements.

(1)

Application for planning commission review.

a.

An applicant shall submit the following in order to be entitled to review by the planning commission:

1.

Not less than 16 individual folded copies of the detailed site plan and supporting documentation.

2.

A completed application form (if one has not been submitted previously for pre-site plan review).

3.

The fee established by the city council.

b.

The development coordinator shall examine the site plan to determine that it contains all the required information as specified in this chapter.

c.

If the site plan has been placed on the planning commission agenda as a result of pre-site plan review committee action, then the development coordinator shall determine if the plan submitted for planning commission review is substantially similar to the plan reviewed by the committee. If the plan is not substantially similar, or is incomplete, the development coordinator shall return it to the applicant with a written explanation of the plan's deficiencies.

(2)

Required information. All plans must conform to the requirements of subsection (f) of this section prior to acceptance for planning commission review.

(3)

Distribution of plans for review. The development coordinator shall review the site plans and shall secure comments from the department of public works, police and fire departments, and the city engineer and planner, and forward the site plans along with written comments to the planning commission for review. The planning commission shall review the plans and may solicit further comments from the review authorities. The planning commission has the authority to take action on a site plan at the first meeting that it appears on the planning commission agenda.

(4)

Planning commission action. The planning commission shall review the site plan proposal together with any public hearing findings and any requested reports and recommendations from the city staff, city planner, city engineer, and other reviewing agencies. The planning commission shall then approve, approve with conditions, deny, or table the site plan as follows:

a.

Approval. Upon determination that a site plan is in compliance with the standards and requirements of this chapter, including the criteria in subsection (e) of this section, and other applicable ordinances and laws, the planning commission shall approve the plan.

b.

Approval subject to conditions. Upon determination that a site plan is in compliance except for certain modifications, the planning commission may approve the site plan subject to reasonable conditions. The conditions for approval shall be identified and the applicant shall be given the opportunity to correct the site plan. The conditions may include the need to obtain variances or obtain approvals from other agencies. If a site plan has been approved subject to conditions, the applicant shall be required to re-submit a revised site plan with a revision date, and with all conditions addressed on the plan.

c.

Denial. Upon determination that a site plan does not comply with the standards and regulations set forth in this section or elsewhere in this chapter, or requires extensive revision in order to comply with said standards and regulations, the planning commission shall deny the site plan.

d.

Tabling. Upon determination that a site plan is not ready for approval or denial, or upon request by the applicant, the planning commission may table consideration of a site plan until a later meeting.

(5)

Record of action. Each action taken with reference to site plan review and approval shall be recorded in minutes of the planning commission. A building permit shall not be issued until five copies of the final site plan which addresses all conditions of approval and includes a revision date and notation of all variances, has been signed by the planning commission chairperson, the development coordinator, the city planner, and the city engineer.

(e)

Administrative review. The development coordinator shall determine which projects, proposals, developments, uses and activities are eligible for administrative review and action in accordance with eligibility criteria set forth in this subsection. In the case of reuse or expansion of an existing building or structure, an approved site plan must be on file at the city to be eligible for administrative review. The development coordinator shall review and take action on all projects, plans, developments, proposals and uses eligible for administrative review pursuant to the provisions of this ordinance, provided he may submit an eligible plan, project, proposal or use to an administrative plan review committee for administrative review, recommendation and/or action as determined by the development coordinator. The following provisions shall apply to administrative reviews:

(1)

Review by administrative plan review committee.

a.

Subject to the exceptions and limitations designated in this subsection, the Development Coordinator may submit the following plans, proposals, developments, uses and activities to an administrative plan review committee (review committee) for administrative review:

1.

Construction of an addition to an existing building or expansion of an existing, conforming use, subject to the following:

i.

The proposed addition or expansion shall not increase the total square footage of the building or area occupied by the use by more than 1,500 square feet, provided further that no other expansion has occurred within the past three years.

ii.

The proposed addition or expansion excludes a single-family dwelling.

2.

Co-location on an existing wireless communication facility.

3.

Family day care homes (less than six children), as licensed by the state.

4.

Modifications to an approved site plan not deemed minor, as described in subsection (e)(7) of this section.

5.

Projects, plans, developments, proposals submitted to the review committee under any other ordinance provision allowing for administrative review by the review committee.

6.

Modifications to an approved site plan for a special land use, conditional zoning, commercial planned development, or planned unit development project are not eligible for review by a review committee.

7.

Unless requested by the applicant, review committee approval of a site plan is not required for the construction, moving, relocating or structurally altering of a single- or two-family home, including any customarily incidental accessory structure.

b.

Prior to final determination by the review committee, the review committee or applicant may remove any plan, project, development, or proposal under consideration by the review committee to the planning commission for review and final determination, with all costs associated with such review borne by the applicant.

c.

An administrative plan review committee shall consist of the building official or his designee, three members of the planning commission, of which one shall be the chairperson of the planning commission or his designee, and the city's planning consultant, if requested by the planning commission chair.

d.

The development coordinator shall review all findings, actions, recommendations and/or determinations by the review committee for substantial compliance with all applicable zoning ordinance requirements. The development coordinator may modify any review committee findings, actions, determinations, or recommendations that do not substantially comply with any applicable zoning ordinance requirements.

(2)

Development coordinator approval. Development coordinator approval of a site plan or sketch plan shall be required prior to the establishment, construction, expansion, or structural alteration of any structure or change in use when any provision of this zoning ordinance requires administrative site plan/sketch plan review and approval by the development coordinator. Unless another provision of this zoning ordinance expressly provides to the contrary, the following provisions apply to administrative site plan/sketch plan review by the development coordinator:

a.

Construction, moving, relocating, or structurally altering a single- or two-family home, including any customarily incidental accessory structure.

b.

Construction of an addition to an existing and conforming building or expansion of an existing, conforming use, subject to the following:

1.

No variances to the requirements of this chapter are required.

2.

The proposed addition or expansion shall not increase the total square footage of the building or area occupied by the use by more than 1,000 square feet, provided further that no other expansion has occurred within the past three years.

c.

Re-use or re-occupancy of an existing and conforming nonresidential structure or building, subject to the following:

1.

The proposed use shall not require additional parking demands, access changes or other substantial modifications and improvements to the existing site or building.

2.

The proposed use shall not require special use approval, as set forth in this chapter.

3.

No variances to the requirements of this chapter shall be required.

d.

Minor changes during construction due to unanticipated site constraints or outside agency requirements, and minor landscaping changes or species substitutions, consistent with an approved site plan, which do not change the intent of the approved site plan.

e.

Minor building modifications that do not alter the facade beyond normal repairs, height or floor area of a multiple-family or nonresidential building.

f.

For multiple-family or nonresidential uses, construction of accessory structures or fences or construction of a wall around a waste receptacle, or installation of a fence around a mechanical unit or other similar equipment, subject to the provisions of this chapter.

g.

Changes to a site required by the building official to comply with state construction code requirements.

h.

Modifications to an approved site deemed minor, in accordance with subsection (e)(7) of this section.

i.

Sidewalk or pedestrian pathway construction or relocation, or barrier-free access improvements.

j.

Temporary construction buildings.

k.

Accessory structures and uses specified in section 51-21.10 (accessory buildings, structures and uses).

l.

Modifications to an approved site plan for a special land use, conditional zoning, commercial planned development or planned unit development project are not eligible for review by the development coordinator.

m.

The development coordinator or applicant shall have the option to request review committee or planning commission review of a project or proposal that would otherwise qualify for administrative review and action under the provisions of this subsection, with all costs associated with such review borne by the applicant.

(3)

Exempt improvements. Site plan review and a building permit shall generally not be required for painting, reshingling, window replacement that does not involve structural or dimensional changes, replacement of existing diseased or dead landscaping, pot hole repair, parking lot restriping, installation of a dumpster screen in accordance with this chapter, temporary seasonal accessory docks, mooring structures, boat launches, ramps and hoists located in single-family residential zoning districts only for the sole use of one single-family, or other ordinary maintenance activities.

(4)

Application requirements and procedures. If the proposed modifications are determined to be minor per subsection (e)(7) of this section, then a sketch plan and application may be submitted. The sketch plan must include the following minimum information:

a.

Name, address and telephone number of the applicant.

b.

Title block.

c.

Scale.

d.

Northpoint.

e.

Dates of submission and revisions (month, date, year).

f.

The seal of one of the following professionals registered in the State of Michigan: architect, civil engineer, landscape architect, or professional community planner. The architectural plan of the buildings shall be prepared by and bear the seal of an architect.

g.

Existing lot lines, building lines, structures, parking areas and other improvements on the site and within 100 feet of the site.

h.

Detailed plans and specifications describing the proposed improvements on the site.

i.

Any additional information deemed necessary by the development coordinator to determine compliance with the city ordinances. The coordinator may waive any application requirement he determines is not needed to determine compliance with this chapter.

(5)

Submission to review agencies. If review input is required, the development coordinator may request that review agencies or professionals, including the fire department, department of public works, planner, and engineer, confine their review to the proposed alterations only, rather than review the entire building or site layout.

(6)

Development coordinator review. The development coordinator shall review each site plan that has been submitted for administrative review, together with any reports and recommendations submitted by review agencies and professionals. The development coordinator shall reject any application, plan or proposal submitted for administrative review that is either incomplete or does not substantially comply with the applicable ordinance requirements and notify the applicant as to any deficiencies.

(7)

Minor modifications. Minor modifications are changes that do not substantially affect the character or intensity of the use, vehicular or pedestrian circulation, drainage patterns, the demand for public services, or the vulnerability to hazards. Examples of minor modifications include:

a.

An addition to an existing commercial or industrial building that does not increase the floor space by more than 1,500 square feet.

b.

Re-occupancy of a vacant building that has been unoccupied for less than 12 months.

c.

Changes to building height that do not add an additional floor.

d.

Reduction in the square footage of an existing or proposed building.

e.

Additions to the landscape plan or landscape materials, relocation of plant material because of road right-of-way restrictions or to avoid conflict with utilities, substitution of comparable species instead of the approved species, and installation of street trees consistent with the species and location standards specified by the city.

f.

Relocation or screening of the trash receptacle.

g.

Alterations to the internal parking layout of an off-street lot.

h.

Relocation of a trash receptacle or installation of screening around an existing dumpster, provided that the dumpster is in compliance with the required setbacks.

i.

Construction of sidewalks, whether on private property or within the road right-of-way.

j.

Installation of street and parking lot lighting, provided that lighting fixtures installed in the road right-of-way shall comply with the design and installation standards specified by the city.

k.

Minor building alterations designed to improve accessibility to a building consistent with the state barrier-free design regulations and/or the Americans with Disabilities Act or to otherwise enhance public safety and convenience.

l.

Installation of a three-foot-wide hard-surfaced splash area, consisting of paving brick, cobblestone, or similar material consistent with the provisions of section 51-21.35(4)a.5.

m.

Installation of concrete curbing and drainage adjacent to public streets.

n.

Burial of existing above ground utility lines.

o.

Modifications to an approved site plan for a special land use, conditional zoning, or planned development project or which require a variance, shall not be considered a minor

p.

Shared waterfront lot dock use and mooring as provided in section 51-21.49.

(8)

Authorization.

a.

The development coordinator and/or review committee shall review the site plan proposal together with any public hearing findings and any requested reports and recommendations from the building official, city planning consultant, and/or other city staff and reviewing agencies, as applicable.

b.

The development coordinator (as per subsection (e) of this section) or review committee when authorized by the development coordinator, shall take the following action on a complete plan, subject to guidelines in this chapter: approval, approval with conditions, denial, or table the site plan, as follows:

1.

Approval. Upon determination that a site plan is in compliance with the standards and requirements of this chapter and other applicable ordinances and laws, approval shall be granted.

2.

Approval subject to conditions. Upon determination that a site plan is in compliance except for minor modifications, the conditions for approval shall be identified and the applicant shall be given the opportunity to correct the site plan. The conditions may include the need to obtain variances or obtain approvals from other agencies. If a plan is approved subject to conditions, the applicant shall submit five copies of a revised plan with a revision date, indicating compliance with the conditions of approval, to the development coordinator.

3.

Denial. Upon determination that a site plan does not comply with the standards and regulations set forth in this article or elsewhere in this chapter, or requires extensive revision in order to comply with said standards and regulations, site plan approval shall be denied.

4.

Tabling. Upon determination that a site plan is not ready for approval or rejection, or upon a request by the applicant, the review committee may table consideration of a site plan until a future meeting.

(9)

Appeal. An applicant may appeal any condition or denial of any plan, proposal, development or use submitted for administrative review by submitting a signed, written request for appeal to the city clerk's office within 30 days of the administrative denial and/or imposition of conditions. The planning commission shall review all appeals filed under this subsection. The planning commission shall review the denial or conditions in accordance with planning commission review criteria applicable to original/initial planning commission review. The planning commission may affirm, reverse, modify or affirm/modify subject to conditions any administrative decision appealed under this subsection.

(f)

Criteria for approval of site plans. The following criteria shall be used by the planning commission as a basis upon which site plans will be reviewed and approved. The planning commission shall adhere to sound planning and design principles, yet may allow for design flexibility in the administration of the following standards:

(1)

All elements of the site shall be harmoniously and efficiently designed in relation to the topography, size, and type of land, and the character of the adjacent properties and the proposed use. The site will be developed so as not to impede the normal and orderly development or improvement of surrounding properties for uses permitted on such property.

(2)

The site plan shall comply with the district requirements for minimum floor space, height of building, lot size, open space, density and all other requirements as set forth in the schedule of regulations unless otherwise provided in this chapter.

(3)

The existing natural landscape shall be preserved in its natural state as much as possible, by minimizing tree and soil removal and by topographic modifications that result in maximum harmony with adjacent properties.

(4)

There shall be reasonable visual and sound privacy. Fences, walls, barriers, and landscaping shall be used, as appropriate, for the protection and enhancement of property and the safety and privacy of occupants and users.

(5)

All buildings or groups of buildings shall be so arranged as to permit convenient and direct emergency vehicle access.

(6)

Where possible and practical, drainage design shall recognize existing natural drainage patterns.

(7)

There shall be a pedestrian circulation system that is insulated as completely as possible from the vehicular circulation system. In order to ensure public safety, pedestrian underpasses or overpasses may be required in the vicinity of schools, playgrounds, local shopping facilities, and other uses that generate considerable amounts of pedestrian movement.

(8)

The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets or pedestrian or bicycle pathways in the vicinity of the site. Streets and drives that are a part of an existing or planned street system serving adjacent developments shall be of an appropriate width to the volume of traffic they are planned to carry and shall have a dedicated right-of-way equal to that specified in a city recognized source of reference. In order to ensure public safety and promote efficient traffic flow and turning movements, the applicant may be required to limit street access points or construct a marginal access road.

(9)

Appropriate measures shall be taken to ensure that the removal of surface waters will not adversely affect adjoining properties or the capacity of the public or natural storm drainage system. Provisions shall be made for a feasible storm drainage system, the construction of stormwater facilities, and the prevention of erosion and dust. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicles or pedestrian traffic and will not create nuisance ponding in paved areas. Final grades may be required to conform to existing and future grades of adjacent properties. Grading and drainage plans shall be subject to review by the city engineer.

(10)

Off-street parking, loading and unloading areas and outside refuse storage areas, or other storage areas that face or are visible from adjacent homes, or from public thoroughfares, shall be screened by walls or landscaping of effective height. Dumpsters shall have gates.

(11)

Exterior lighting shall be so arranged and limited in intensity and height or adequately shielded, so that it is deflected away from adjoining properties and so that it does not impede vision of drivers along adjacent streets.

(12)

Adequate services and utilities including sanitary sewers, and improvements shall be available or provided, located and constructed with sufficient capacity and durability to properly serve the development.

(13)

Any use permitted in any zoning district must also comply with all applicable federal, state, county and city health and pollution laws and regulations with respect to noise, smoke and particulate matter, vibration, noxious and odorous matter, glare and heat, fire and explosive hazards, gases, electromagnetic radiation and drifting and airborne matter, toxic and hazardous materials, erosion control, floodplains, and requirements of the state fire marshal.

(14)

An objective of site plan review shall be to protect and to promote public health, safety and general welfare by requiring the screening, buffering and landscaping of sites and parking lots which will serve to reduce wind and air turbulence, heat and noise, and the glare of automobile lights; to preserve underground water reservoirs and return precipitation to the ground water strata; to act as a natural drainage system and solve stormwater drainage problems; to reduce the level of carbon dioxide and return oxygen to the atmosphere; to prevent soil erosion; to provide shade; to conserve and stabilize property values; to relieve the stark character of parking lots; to conserve energy, provide visual and sound privacy and to otherwise facilitate the preservation and creation of a healthful, convenient, attractive and harmonious community.

(15)

It is an objective of site plan review to improve the quality of existing developments as they are expanded, contracted, redeveloped or changed in keeping with sound site development standards of the city.

(16)

A major objective shall be to retain, enhance and protect the quality, value and privacy of single-family land uses.

(17)

All development phases shall be designed in logical sequence to ensure that each phase will independently function in a safe, convenient and efficient manner without being dependent upon improvements of a subsequent development potential of lands.

(18)

All sites shall be designed to comply with state and local barrier-free requirements and to reasonably accommodate the handicapped and elderly.

(19)

All site features, including circulation, parking, building orientation, landscaping, lighting, utilities, common facilities and open space shall be coordinated with adjacent properties.

(20)

All designs shall recognize and follow any design themes adopted by the city.

(g)

Submittal requirements. The following required information shall be included on all site plans:

(1)

Application form. The application form shall contain the following information:

a.

Applicant's name and address.

b.

Name and address of property owner, if different from applicant.

c.

Common description of property and complete legal description.

d.

Dimensions of land and total acreage.

e.

Existing zoning and zoning of all adjacent properties.

f.

Proposed use of land and name of proposed development, if applicable.

g.

Proposed buildings to be constructed.

h.

Name and address of firm or individual who prepared site plan.

i.

Proof of property ownership.

(2)

Site plan descriptive and identification data. Site plans shall consist of an overall plan for the entire development, drawn to a scale of not less than one inch equals 30 feet for property less than five acres, or one inch equals 50 feet for property five acres or more in size. Sheet size shall be at least 24 inches by 36 inches. The following descriptive and identification information shall be included on all site plans:

a.

Applicant's name, address, telephone number.

b.

Title block.

c.

Scale.

d.

Northpoint.

e.

Dates of submission and revisions (month, day, year).

f.

Location map drawn to a scale with north point.

g.

Legal and common description of property.

h.

Written description of proposed land use.

i.

Zoning classification of petitioner's parcel and all abutting parcels.

j.

Proximity to section corner and major thoroughfares.

k.

The seal of one of the following professionals registered in the state: Registered architect, registered civil engineer, registered landscape architect, or registered professional community planner. The architectural plan of the buildings shall be prepared by and bear the seal of a registered architect.

l.

Boundary dimensions of the property. The boundaries of the site shall be clearly differentiated from other contiguous property.

m.

Notation of any variances which have been or must be secured.

n.

The performance guarantees to be provided including the amounts, types, and terms.

o.

The area of the site in square feet and acres excluding all existing and proposed public right-of-way; and the total area of all building, pavement and other impervious surface.

p.

The dimensions of all lots and property lines, showing the relationship of the subject property to abutting properties and all required minimum setbacks from the existing or proposed right-of-way and from adjacent properties.

q.

Information and statement of how applicant proposes to comply with state, local and federal laws, as applicable to site or use.

r.

Information and special data which may be critical to the adequate review of the proposed use and its impacts on the site or city. Such data requirements may include traffic studies, market analysis, environmental assessments (including inventory and impact data on flora, fauna, natural resources, hazardous materials, erosion control and pollution), demands on public facilities and services and estimates of potential costs to the city due to failures (as a basis for performance guarantees).

(3)

Site data.

a.

Existing lot lines, building lines, structures, parking areas and other improvements on the site and within 100 feet of the site.

b.

On parcels of more than one acre, topography on the site and within 100 feet of the site at two-foot contour intervals, referenced to a USGS benchmark.

c.

Proposed lot lines, lot dimensions, property lines, structures, parking areas, and other improvements on the site and within 100 feet of the site.

d.

Dimensions and centerlines of existing and proposed roads and road rights-of-way.

e.

Acceleration, deceleration, and passing lanes, where required.

f.

Proposed location of access drives and on-site driveways.

g.

Location of existing drainage courses, floodplains, lakes and streams, with elevations.

h.

Location and dimensions of existing and proposed interior sidewalks and sidewalks in the right-of-way, in accordance with section 51-21.36.

i.

Exterior lighting locations and method of shielding lights from shining off the site.

j.

Trash receptacle locations and method of screening, in accordance with section 51-21.39.

k.

Transformer pad location and method of screening, if applicable.

l.

Front, side, and rear yard dimensions.

m.

Parking spaces, typical dimensions of spaces, indication of total number of spaces, drives, and method of surfacing.

n.

Information needed to calculate required parking in accordance with zoning ordinance standards.

o.

The location of lawns and landscaped areas.

p.

Detailed landscape plan in accordance with the requirements of section 51-21.35 indicating location, types and sizes of materials. A landscaping and property maintenance plan and schedule for pruning, mowing, watering, fertilizing, and replacement of dead and diseased materials. Cross-section of any berms shall be provided.

q.

Location, sizes, and types of existing trees five inches or greater in diameter, measured at one foot off the ground, before and after proposed development.

r.

All existing and proposed easements.

s.

Designation of fire lanes.

t.

Loading/unloading area.

u.

All proposed screen and freestanding architectural walls, including typical cross-section and the height above ground on both sides.

v.

The location of any outdoor storage of materials and the manner in which it shall be screened or covered.

w.

Location and description of all easements for public right-of-way, utilities, access, shared access, and drainage.

x.

A three-foot-wide hard surfaced splash area shall be installed in the road right-of-way along the curb edge, plus along both sides of any driveway approach, pursuant to the design and installation standards maintained by the city and in accordance with section 51-21.35(4).

(4)

Building and structure details.

a.

Location, height, and outside dimensions of all proposed buildings or structures.

b.

Indication of number of stories and number of commercial or office units contained therein.

c.

Typical building floor plans.

d.

Total floor area.

e.

Location, size, height, and lighting of all proposed signs.

f.

Obscuring walls or berm locations with cross sections where required.

g.

Building facade elevations drawn to a scale of one inch equals four feet, or to another scale approved by the inspector and adequate to determine compliance with the requirements of this chapter. Elevations of proposed buildings shall indicate type of building materials, roof design, projections, canopies, awnings and overhangs, screen walls and accessory buildings, and any other outdoor or roof-located mechanical equipment, such as: air-conditioning, heating units and transformers that will be visible from the exterior.

(5)

Information concerning utilities, drainage, and related issues.

a.

Location of sanitary sewers and septic systems, existing and proposed.

b.

Location and size of water mains, well sites, and water service leads, existing and proposed.

c.

Location of hydrants, existing and proposed, with reasonable access thereto for use by public safety and firefighting personnel.

d.

Location of storm sewers and storm sewer facilities existing and proposed, including stormwater retention/detention facilities.

e.

Indication of site grading, drainage patterns, and other stormwater control measures.

f.

Stormwater drainage and retention calculations.

g.

Location of gas, electric, and telephone lines, above and below ground.

h.

Types of soils and location of floodplains and wetlands, if applicable.

i.

Assessment of potential impacts from the use, processing, or movement of hazardous materials or chemicals, if applicable.

j.

Soil erosion and sedimentation control measures.

k.

Existing ground elevations on the site of appropriate intervals to show drainage patterns, including existing ground elevations of adjacent land within 100 feet of the subject property and existing building, drive and/or parking lot elevations or any adjacent unusual surface conditions.

l.

Proposed finish grades on the site, including the finish grades of all buildings, driveways, walkways, and parking lots.

m.

Curbs and gutters, in accordance with section 51-21.44.

(6)

Information applicable to multiple-family residential development.

a.

The number and location of each type of residential unit (one-bedroom units, two-bedroom units, etc.).

b.

Density calculations by type of residential unit (dwelling units per acre).

c.

Floor plans of typical buildings with square feet of floor area.

d.

Building elevations of typical buildings.

e.

Garage and/or carport locations and details, if proposed.

f.

Dedicated road or service drive locations.

g.

Community building location, dimensions, floor plans, and elevations, if applicable.

h.

Swimming pool fencing detail, including height and type of fence, if applicable.

i.

Location and size of recreation and open space areas.

j.

Indication of type of recreation facilities proposed for recreation area.

(7)

General notes.

a.

If any of the items listed above are not applicable, the following information should be provided on the site plan:

1.

A list of each item considered not applicable.

2.

The reasons why each listed item is not considered applicable.

b.

Other data may be required if deemed necessary by the city or planning commission to determine compliance with the provisions of this chapter.

(h)

Construction pursuant to an approved plan. When an applicant receives site plan approval as provided herein, the applicant shall develop the site in complete conformity with the approved site plan. Complete construction plans, including a landscape plan prepared by a registered landscape architect for all landscaped areas, shall be submitted for review by the director of planning and development. Upon finding by the director of planning and development that the construction plans meet the requirements of site plan approval and other applicable ordinances of the city, the shall authorize issuance of a building permit.

(i)

Period of validity, extension of site plan approval. Site plan approval shall be valid for one year from the date of approval. If no building permit is obtained within one year of site plan approval or if no work is commenced within six months after the issuance of a building permit, the site plan approval expires and is of no force or effect, unless extended by the planning commission.

(j)

Certificate of occupancy. A certificate of occupancy shall be withheld by the building official if construction is not consistent with the approved site plan. Minor variations may be approved by the building official; if the site plan was originally approved by the planning commission, then the building official shall report such minor variations to the planning commission within 30 days after issuance of the certificate of occupancy.

(Code 1994, § 21.28; Ord. No. C-287-10, §§ 7, 8, 1-18-2011; Ord. No. C-334-17, § 6, 1-16-2018)

(a)

Intent. The types of uses requiring special approval shall be deemed to be permitted uses in their respective districts, subject, as to each specific use, to satisfaction of the procedures, requirements and standards set forth in this section. Each specific use for which a permit is sought shall be considered as an individual case and shall conform to the detailed application of the following procedures and standards in a manner appropriate to the particular circumstances of such use. Each use as listed in any district requiring special approval for a permit shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is suggested and will not be detrimental to the orderly development of adjacent districts and uses.

(b)

Public hearings. Upon receiving a substantially complete application for special approval, a public hearing shall be scheduled by the director of planning and development and held by the planning commission before a decision is made on the special approval request. No decision on a special approval request shall be made unless notification of the public hearing is given as required.

(c)

Procedure of notice.

(1)

One notice of a public hearing shall be published in a newspaper of general circulation in the city; said notice shall be posted in the city offices, and shall be sent by mail or personal delivery to the owners of the property for which approval is being considered, to all persons to whom real property is assessed, within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet of the property regardless of whether property or occupant in the zoning jurisdiction.

(2)

The notice shall be given not less than 15 days before the application will be considered. If the name of the occupant is not known, the term "occupant" may be used in making notification. The notice shall:

a.

Describe the nature of the special land use request.

b.

Indicate the property which is the subject of the special land use request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

c.

State when and where the special land use request will be considered.

d.

Indicate when and where written comments will be received concerning the request.

(d)

Planning commission hearing, review and approval. Special land use approval shall not be granted until a public hearing has been held by the planning commission, in accordance with the procedures and notice described herein above. The planning commission shall deny, approve, or approve with conditions, requests for special land use approval. The decision on a special land use shall be incorporated in a statement of conclusions relative to the special land use under consideration. The decision shall specify the basis for the decision, and any conditions imposed.

(e)

Site plan review and information required. For all special approval uses, a site plan shall be required and submitted in accordance with section 51-21.28. Approval shall run with the land and shall not be issued for specified periods, unless the use is temporary or time-related in nature.

(f)

Performance guarantees. Performance guarantees may be required by the planning commission to ensure compliance with special approval conditions, in accordance with this chapter.

(g)

Standards. In addition to any specific site plan standards set forth in this chapter which the city shall apply to the use, the following standards shall serve the planning commission as the basis for decisions involving special land uses and other discretionary decisions contained in this chapter. Each proposed use or activity shall:

(1)

In location, size and intensity of the principal and/or accessory operations, be compatible with adjacent uses and zoning of land.

(2)

Be consistent with and promote the intent and purpose of this chapter.

(3)

Be compatible with the natural environment and conserve natural resources and energy.

(4)

Be consistent with existing and future capabilities of municipal services and facilities affected by the proposed use.

(5)

Protect the public health, safety, and welfare as well as the social and economic wellbeing of those who will use the land use or activity, residents, businesses and landowners immediately adjacent, and the city as the whole.

(6)

Promote the use of land in a socially and economically desirable manner.

(7)

Not be in conflict with convenient, safe and normal neighborhood vehicular and pedestrian traffic routes, flows, intersections, and general character and intensity of neighborhood development.

(8)

Be of such a design and impact that the use, its location and height of buildings, the location, nature and height of walls, fences and the nature and extent of landscaping on the site shall not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

(9)

In the nature, location, size and site layout and function of the use, be a harmonious part of the district in which it is situated taking into account, among other things, prevailing shopping habits, convenience of access by prospective patrons, the physical and economic relationship of one type of use to another and characteristic groupings of uses of said district.

(10)

In the location, size, intensity of the use and site layout, be such that operations will not be objectionable to nearby dwellings or uses, by reason of noise, fumes, glare, flash of lights, or other similar externalities.

(h)

Record. All conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the planning commission and the applicant. The city shall maintain a record of changes granted in conditions.

(i)

Specific minimum requirements for specific uses. The following uses shall be subject to the following minimum requirements set forth in this subsection:

(1)

Clubs. Private, noncommercial service clubs of a social or fraternal nature, or boat clubs; municipal owned and operated libraries, parks, swimming pools or beaches; private, noncommercial recreation centers; nonprofit swimming pool clubs; public or private golf courses; except playgrounds and similar uses designed and intended for local residential neighborhood use only:

a.

The proposed site shall have at least one property line abutting a major thoroughfare and the site shall be so planned as to provide all ingress and egress directly onto or from said major thoroughfare.

b.

Front and rear yards shall be at least 80 feet and side yards shall be at least 50 feet. The first 20 feet of such yards shall be kept free of off-street parking and shall be landscaped.

c.

All lighting shall be specially shielded to protect adjacent single-family areas.

d.

Whenever off-street parking areas are adjacent to land used or zoned for single-family residential purposes, a wall shall be provided along the sides of the parking area adjacent to such residential land in accordance with section 51-21.14.

e.

Any such use shall have a minimum site area of two acres.

f.

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

g.

Buildings erected on the premises shall not exceed one story in height except where due to topography a lower level shall be permitted when said lower level is entirely below the grade of the major thoroughfare abutting the parcel in question.

h.

Off-street parking shall be provided so as to accommodate at least one-half of the member families and/or individual members notwithstanding any other provisions of this chapter. Bylaws of the organization shall be provided to the planning commission in order to establish the membership involved for computing parking requirements. In those cases wherein the proposed use or organization does not have bylaws or formal membership, or the planning commission finds that the parking requirement will be excessive, the off-street parking requirements shall be determined by the planning commission on the basis of usage.

i.

Additional minimum requirements for golf courses shall include the following:

1.

Accessory uses not strictly related to a golf course which are generally of a commercial nature such as a restaurant and bar shall be housed in the clubhouse. Accessory uses which are strictly related to the operation of the golf course itself, such as a maintenance garage and pro shop or golf shop may be located in separate structures.

2.

No building shall be located on the site closer than 100 feet from the lot line of any adjacent residential land or from any public right-of-way.

3.

Lighting of playing areas of the golf course for night use shall be prohibited.

(2)

Nursery schools, day nurseries, childcare centers, and preschools, under certain conditions. Nursery schools, day nurseries, childcare centers, and preschools, when operated as a principal use or as an accessory use to an approved church or school, subject to the following conditions:

a.

Setbacks. The required front and rear setbacks shall be 50 feet, and no portion of the front 20 feet shall be used for parking.

b.

Lighting. All exterior lighting shall be shielded so that it does not shine onto adjacent properties.

c.

Off-street parking. Whenever off-street parking areas are adjacent to land used or zoned for residential purposes, a wall or landscaped screen shall be provided along the sides of the parking adjacent to such residential land.

d.

Outdoor play area. For each child cared for there shall be provided and maintained a minimum of 150 square feet of outdoor play area. The play area shall be screened from any adjacent residential use in accordance with sections 51-21.14 and 51-21.35. Outdoor play areas shall be located in the rear or waterfront yard.

(3)

Indoor commercial recreation uses. Indoor commercial recreation uses including indoor archery range, indoor tennis courts, indoor skating rink, indoor paintball arenas, or other similar uses in the C-2 General Commercial District:

a.

All indoor commercial recreation uses must meet the development standards of section 51-29.05.

b.

The square footage of buildings used for indoor recreation must be deemed to be compatible with adjacent uses by the planning commission.

(4)

Churches and related religious buildings and facilities.

a.

The proposed site shall have at least one property line abutting a major thoroughfare and the site shall be so planned as to provide all ingress and egress directly onto or from said major thoroughfare.

b.

Front and rear yards shall be at least 50 feet and side yards at least 20 feet, provided that no setback shall be less than the height of the building under any circumstances.

c.

All lighting shall be shielded.

d.

Whenever off-street parking areas are adjacent to land zoned for residential purposes, a wall shall be provided along the sides of the parking area adjacent to such residential land.

(5)

Public, parochial and other private elementary, intermediate and/or high schools.

a.

The proposed site shall have at least one property line abutting a major thoroughfare and the site shall be so planned as to provide all main ingress and egress directly onto or from said major thoroughfare.

b.

Front and rear yards shall be at least 50 feet and side yards shall be at least 30 feet. The first 20 feet of such yards shall be kept free of off-street parking and shall be landscaped.

c.

All lighting shall be specifically shielded from adjacent single-family areas.

d.

Whenever off-street parking areas are adjacent to land zoned for residential purposes, a wall shall be provided along the sides of the parking area adjacent to such residential land in accordance with section 51-21.14.

(6)

Indoor commercial recreation uses. Indoor commercial recreation uses, including indoor archery range, indoor tennis courts, indoor skating rink, indoor paintball arenas, or other similar uses in the I-1 Limited Industrial District: All characteristics of indoor commercial recreation uses, including, but not limited to, pedestrian circulation, hours of operation, noise, lighting, vehicular volume and vehicular circulation, must prove compatibility with all adjacent existing and permitted future land uses to ensure minimal land use conflicts and the protection of public safety.

(7)

Public or private colleges, universities and other institutions of higher learning.

a.

The proposed site shall have at least one property line abutting a major thoroughfare and the site shall be so planned as to provide all main ingress and egress directly onto or from said major thoroughfare.

b.

Front and rear yards shall be at least 80 feet. The first 50 feet of such yards shall be kept free of off-street parking and shall be landscaped.

c.

All lighting shall be specifically shielded from any adjacent single-family areas.

d.

Whenever off-street parking areas are adjacent to land used or zoned for residential purposes, a wall shall be provided along the sides of the parking area adjacent to such residential land in accordance with section 51-21.14.

e.

Height of residential buildings in excess of the minimum requirements may be allowed provided minimum yard setbacks where yards abut land zoned for residential purposes, are increased by not less than 30 feet for each yard, for each 12 feet or fraction thereof by which said building exceeds the minimum height requirements of the zone.

f.

Those buildings to be used for servicing or maintenance, such as heating plants, garages, storage structures and the like, shall not be located on the outer perimeter of the site where abutting property is used or zoned for residential purposes.

(8)

Nursing and convalescent homes; orphanages.

a.

The proposed site shall have at least one property line abutting a major thoroughfare and the site shall be so planned as to provide all ingress and egress directly onto or from said major thoroughfare.

b.

Front, side and rear yards shall be at least 120 feet. The first 50 feet of such yards shall be kept free of off-street parking and shall be landscaped.

c.

All lighting shall be specially shielded from adjacent residential areas.

d.

Whenever off-street parking areas are adjacent to land uses or zoned for residential purposes, a wall shall be provided along the sides of the parking area adjacent to such residential land.

e.

For each such use in any residentially zoned district, there shall be provided on the site not less than 1,000 square feet of open space for each bed in the home. The 1,000 square feet of land area shall provide for landscape setting, off-street parking, service drives, loading space, yard requirements and accessory uses, but shall not include the area covered by main or accessory buildings.

(9)

General hospitals.

a.

The proposed site shall have at least one property line abutting a major thoroughfare and the site shall be so planned as to provide all ingress and egress directly onto or from said major thoroughfare.

b.

Front, side and rear yards shall be at least 80 feet. The first 50 feet of such yards shall be kept free of off-street parking and shall be landscaped.

c.

All lighting shall be specially shielded from all adjacent residential land use.

d.

Whenever off-street parking areas are adjacent to land used or zoned for residential purposes, a wall shall be provided along the sides of the parking area adjacent to such residential land.

e.

Buildings not to exceed 45 feet in height may be built, provided that minimum site, front and rear yard setbacks of not less than two times the height of the building.

f.

Ambulance, emergency entrance and delivery areas shall be visually screened from the view of adjacent residential areas by a masonry wall at least six feet in height, in accordance with section 51-21.14.

(10)

Elderly housing.

a.

Elderly housing may provide for the following:

1.

Cottage-type one story dwellings and/or apartments-type dwelling units.

2.

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

b.

All dwellings shall consist of at least 350 square feet per unit (not including kitchen and sanitary facilities).

c.

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

d.

Facilities shall be designed with grab bars in hallways and bathrooms.

e.

Off-street parking shall be provided on site in an amount equal to one space for each dwelling unit.

(11)

Group day care homes, large group homes, small group homes.

a.

Location. The proposed site shall have at least one property line abutting a major thoroughfare and the site shall be so planned as to provide all ingress and egress directly onto or from said major thoroughfare.

b.

Compliance with zoning ordinance. The proposed site and building shall be in full compliance with all yard and bulk regulations (including setback, lot size, and lot width regulations) for the district in which it is located.

c.

Lighting. All exterior lighting shall be shielded so that it does not shine on adjacent property.

d.

Off-street parking. Off-street parking shall be provided for any employees who are not residents of the home. Whenever off-street parking areas are adjacent to land used or zoned for residential purposes, a wall or landscaped screen shall be provided along the sides of the parking area adjacent to such residential land.

e.

Outdoor play area. For each child cared for in a group day care home there shall be provided and maintained a minimum of 150 square feet of outdoor play area. The play area shall be screened from any adjacent residential use in accordance with sections 51-21.14 and 51-21.35. Outdoor play areas must be located in the rear yard.

f.

Conformance with state regulations. The home shall meet all applicable requirements (including licensing and certification requirements) of the state department of social services and all other applicable local, county, state and federal regulations.

g.

Loading/unloading areas. Group day care homes shall provide for safe loading and unloading of children, preferably not requiring vehicles to back up.

h.

Conformance with home occupation regulations. Group day care homes shall comply fully with the regulations concerning home occupations in section 51-21.33.

i.

Concentration of facilities. In considering whether to permit establishment of group day care homes and/or the number of children that should be permitted in such a home, the city shall take into account the number of other existing facilities in the neighborhood and the potential overall impact on the neighborhood.

(12)

Quick oil change or lubrication stations.

a.

Must be on a major thoroughfare.

b.

Must have a minimum of 150 feet frontage on the principal street serving the site.

c.

Cannot be located within 300 feet of any other facilities.

d.

Only one ingress/egress per street frontage is allowed, no closer than 50 feet to an intersection. One is allowed on residential streets.

e.

Buildings shall be set back 35 feet from any setback.

f.

No building shall be located closer than 40 feet to any residentially-zoned land.

g.

There shall be a minimum of three stacking spaces per bay, provided they do not cross any drive, lane, sidewalk or parking space.

h.

There shall be two parking spots per bay, plus one.

i.

When abutting residentially-zoned land, there shall be a six-foot-high decorative masonry wall and a 20-foot landscape setback.

j.

There shall be a ten-foot landscape setback along all side and rear lot lines.

(13)

Automobile service stations.

a.

Site must be located on a major thoroughfare.

b.

Minimum lot area 22,500 square feet, for each additional use (i.e., fast food restaurant, car wash, etc.) an additional 5,000 square feet is required.

c.

Minimum frontage of 150 feet shall be required on the principal street serving such station.

d.

All buildings, awnings, pumps, air stations shall be set back 35 feet from the setback measurement line or street right-of-way, 50 feet, front residentially-zoned property, 20 feet from any other lot line.

e.

Only one ingress/egress per street frontage is allowed. In no instance shall a drive be closer than 50 feet to any intersection.

f.

Adjacent to residentially-zoned districts there shall be a six-foot-high masonry wall and a 20-foot landscape setback.

g.

There shall be a minimum of ten feet landscape setback from side and rear lot lines that don't abut residentially-zoned land.

h.

There shall be no on-site sale, or rental of any trucks, cars, trailers or equipment.

i.

There shall be no outside storage of junk vehicles that are inoperable or unlicensed.

(14)

Outdoor recreational vehicle sales. Outdoor sales space for car, truck, recreational vehicle, trailer or mobile home sales:

a.

The lot or area shall be provided with a permanent, durable and dustless surface, and shall be graded and drained as to dispose of all surface water accumulated within the area.

b.

Access to the outdoor sales area shall be at least 60 feet from the intersection of any two streets measured from the existing or planned right-of-way, whichever is greater.

(15)

Car wash establishments.

a.

All washing facilities shall be within a completely enclosed building. This requirements may be addressed with solid overhead doors or folding doors, but not including plastic curtains.

b.

Vacuuming and drying areas may be located outside the building but shall not be closer than 25 feet from any residential district.

c.

All cars required to wait for access to the facilities shall be provided space off the street right-of-way and parking shall be provided in accordance with section 51-5.135.

d.

Access points shall be located at least 60 feet from the intersection of any two streets measured from the existing or planned right-of-way, whichever is greater.

(16)

Retail sales of plant materials. Seasonal or year-round retail sales of plant materials not grown on site and sales of lawn furniture, playground equipment, and other merchandise or home garden supplies in the open, when accessory to a business within a building and when not located at the intersection of two major thoroughfares.

(17)

Outdoor recreational space fencing. Outdoor recreational space such as shuffleboard, miniature golf, and other similar recreation facilities, but not at the intersection of two major thoroughfares. All such recreation space shall be adequately fenced on all sides with at least a four foot high fence.

(18)

Boat launches, docks, waterfront parks, beaches and similar waterfront recreation uses.

a.

Purpose. The purpose of these regulations is to regulate the land-based improvements and activities related to various waterfront uses, so as to alleviate the impact on nearby properties, adjacent roads, and the community in general.

b.

Site plan review and building permit. Site plan review and approval shall be required prior to construction of any boat launch, dock, beach, waterfront park, structure or improvement related thereto, except:

l.

Where improvements are for the sole use of one single residence; or

2.

Shared waterfront lot dock use and/or mooring pursuant to section 51-21.49.

A building permit shall be required for any construction or other activity regulated by the building Code. Permits required by the Michigan Department of Natural Resources and Environment (MDNRE) or other state agencies shall be a condition of approval granted under this section.

c.

Parking. Off-street parking shall be required for only the structures and facilities requiring site plan review and approval pursuant to subsection (i)(18)b of this section in accordance with the following chart:

*Combined 40-foot vehicle-trailer spaces shall be provided for boat launches.

1.

Such spaces shall be of a drive-through design, using a 45-degree layout.

2.

Off-street parking shall comply with the requirements in article 19.00 of this chapter. Off-street parking spaces shall not be located closer than 20 feet to the road right-of-way line or the edge of the water.

d.

Maneuvering lanes. Maneuvering lanes for boat launches and parking areas shall be located completely on private property and not within the road right-of-way. Maneuvering lanes serving a boat launch shall be paved and shall comply with the following dimensional requirements:

e.

Pedestrian access. Sidewalks shall be required in accordance with section 51-21.36. Pedestrian movement shall be insulated from vehicular traffic.

f.

Outside storage. Outside storage of boats, trailers, equipment, supplies, and debris shall be prohibited.

g.

Lighting. All lighting shall be directed onto the site and shielded to prevent glare onto surrounding properties.

h.

Screening. Whenever off-street parking areas are adjacent to land used or zoned for single-family residential purposes, a wall shall be provided along the sides of the parking area adjacent to such.

i.

Number of docks. No more than one dock per 50 linear feet of shoreline shall be permitted on a waterfront lot.

j.

Minimum side yard setback. In two-family residential districts, docks shall be located on the property so as to observe a minimum five-foot side yard setback from each riparian side lot line. In multiple-family residential districts, docks shall be located on the property so as to observe a minimum 20-foot side yard setback from each riparian side lot line.

(19)

Drive-through restaurant.

a.

Site must be located on a major thoroughfare.

b.

Buildings must be set back a minimum of 35 feet from the setback measurement line.

c.

Lots must have a minimum 150-foot frontage on the principal street serving said street.

d.

Shall not be located closer than 250 feet to any other drive-through restaurant unless separated by a major road.

e.

Buildings must be set back a minimum of 40 feet from any residentially-zoned property.

f.

Speakers shall be muted so as to not be audible beyond any lot line, and shall be set back a minimum of 30 feet from residentially-zoned and.

g.

When adjacent to residentially-zoned land, there shall be a six-foot decorative masonry wall and a 20-foot landscape setback.

h.

There shall be a ten-foot landscape setback from all side and rear yards.

i.

There shall be only one ingress/egress per street frontage, with no drive closer than 50 feet to any intersection.

(20)

Bed and breakfast establishments.

a.

Bed and breakfast establishments within the R1-B District shall be located on parcels within 150 feet of, and with direct access to, East Walled Lake Drive between Witherall and Leeds Roads.

b.

Sufficient off-street parking shall be provided at the rate of two parking spaces plus one space per double occupied room.

c.

No retail or other sales shall be permitted unless they are clearly incidental and directly related to the conduct of the bed and breakfast, including, but not limited to, the sale of goods directly related to the history of the city or locally produced items.

d.

One non-illuminated wall sign may be erected on the property, not to exceed six square feet in size. The sign shall compliment the nature of the use; i.e. historic structures should have an historic style sign.

e.

No alteration to the exterior of the residential dwelling, accessory building, or yard that alters the residential character of the premises is permissible.

f.

No vehicle used in the conduct of the bed and breakfast may be parked, kept, or otherwise be present at the premises, other than such as are normally suitable for use for domestic or household purposes.

g.

Rooms utilized for sleeping shall be part of the primary residential structure and shall not have been specifically constructed for rental purposes.

h.

Rooms utilized for sleeping shall have no direct access to the outside.

i.

Not more than three sleeping rooms may be used for such purposes.

j.

The proprietor or owner is required to occupy the property.

k.

There shall be no separate or additional kitchen facility for the guests.

l.

Meals shall be served only to residents and overnight guests.

m.

No exterior lighting, except as normally permitted for a typical single-family use, shall be permitted.

n.

A city business license is required.

o.

A bed and breakfast must comply with all other provisions of the zoning district in which it is located and must comply with all other ordinances of the city. Additionally, a bed and breakfast is subject to all other applicable local, county, state and federal regulations.

p.

A permit shall be obtained from the director of planning, or his designee. Such permit shall be revoked should the bed and breakfast at any time not meet the above conditions. Any permit to allow a bed and breakfast shall be issued for a period not to exceed two years. Further, any permit shall become null and void after one year from the date such permit is granted unless the bed and breakfast has been established and is operating.

q.

Any permit issued is nontransferable.

r.

Any other conditions deemed essential and desirable by the planning commission may be imposed on such a use.

s.

The use is subject to review at any time and may be revoked for cause by the planning commission. The term "cause" shall include, but not be limited to, operating the bed and breakfast in an unlawful manner or in such a manner as to constitute the maintenance of a nuisance upon or in connection with the bed and breakfast. For the purposes of this section, the term "nuisance" shall be given the normal and customary meaning, and shall include, but not be limited to, the following:

1.

Existing violations of building, electrical, mechanical, plumbing, zoning, health, fire or other applicable regulatory codes.

2.

A pattern or practice of patron conduct, which is in violation of the law and/or interferes with the health, safety and welfare of other persons in the area.

3.

Failure after receiving notice from the city to maintain the grounds and exterior of the bed and breakfast, including frequent litter, debris or refuse blowing or being deposited upon adjoining properties.

4.

Failure by the owner and/or operator to permit the reasonable inspection of the bed and breakfast by the city's employees or agents in connection with the enforcement of this section.

(Code 1994, § 21.29; Ord. No. C-261-06, § 8, 3-7-2006; Ord. No. C-287-10, § 9, 1-18-2011; Ord. No. C-341-18, § 3, 1-15-2019)

(a)

Required. To ensure compliance with this chapter and any conditions imposed under this chapter, including conditions of site plan approval, special approval, cluster development, planned development, and street access approval, the city council, planning commission or zoning board of appeals may require that financial security acceptable to the city be deposited with the city clerk to ensure faithful completion of improvements as defined in subsection (b) of this section. The amount of the cash deposit, certified check, or irrevocable bank letter of credit shall cover the estimated cost of improvements associated with a project and other reasonable incidental costs associated therewith, for which approval is sought.

(b)

Improvements. The term "improvements" means those features and actions associated with a project which are considered necessary to protect natural resources, or the health, safety, and welfare of the residents of the city and future users or inhabitants of the proposed project or project area, including by way of example, but not limitation, roadways, lighting, utilities, landscaping, parking, paving of parking and circulation areas, screening, drainage and other similar site improvements. The term "improvements" shall not include the entire project which is the subject of the approval.

(c)

Timing. The performance guarantee along with a detailed description and schedule of improvements to be completed shall be deposited with the clerk prior to the issuance of any certificate of occupancy authorizing use of the activity or project.

(d)

Type. The applicant shall be required to provide the performance guarantee or financial security in one or a combination of the following arrangements, whichever the applicant elects:

(1)

Irrevocable letter of credit. An irrevocable letter of credit issued by a bank authorized to do business in Michigan in an amount sufficient to cover the cost of the contemplated improvements as estimated by the city.

(2)

Escrow fund. A cash deposit, or deposit by certified check drawn on a bank authorized to do business in the state sufficient to cover the cost of the contemplated improvements as estimated by the city shall be deposited with the clerk. The escrow deposit shall be for the time period necessary to complete the required improvements.

(e)

Rebate. In the case of cash deposits, the clerk shall rebate or release to the applicant, as the work progresses, amounts equal to the ratio of the completed and accepted work to the entire project, after approvals described below.

(f)

Inspection and certification. Inspection and certificate of acceptance of private improvements shall be as follows:

(1)

Inspection of public improvements by the city engineer or building department. After the completion of the construction of the required public improvements, the engineer or building inspector, or the county, state or federal agency with jurisdiction to grant approval or accept, shall conduct a final inspection and certify compliance with the required improvements. This inspection shall be made to ensure the improvements are completed according to the approved plans and specifications.

(2)

Certification by the building department. The applicant shall furnish the clerk a letter or document signed by the building inspector indicating satisfactory completion of the required improvements.

(g)

Failure. In case the applicant shall fail to complete the required improvements or work within such time period as required by the conditions or guarantees as outlined above, the city council may proceed to have such work completed and reimburse itself for the cost thereof, including all administrative costs, by appropriating the cash deposit or certified check, or by drawing upon the letter of credit.

(h)

Maintenance bond. The city may require, prior to the acceptance by the city of public improvements, a maintenance bond acceptable to the city for a period of up to three years in an amount not to exceed 35 percent of the total cost of the public improvements.

(i)

Subdivisions. This section shall not be applicable to improvements for which a cash deposit, certified check, irrevocable bank letter of credit, or surety bond has been deposited pursuant to the subdivision Control Act, No. 288 of the Public Acts of 1967, as amended, being section 560.101 to 560.293 of the Michigan Compiled Laws.

(Code 1994, § 21.30)

(a)

Purpose. The purpose of restrictions on commercial and unlicensed vehicles is to preserve the health, safety and general welfare of persons and property in residential areas designed and utilized for residential development by regulating the parking of certain large commercial vehicles which frequently are impediments to the ingress and egress of emergency and fire protection vehicles and equipment, which are frequently unsafe when operated on residential streets, and the noise, exhaust emissions and appearance of which tend to impair the health, safety and general welfare of the people of the city.

(b)

Residential parking prohibited. No commercial vehicle of any kind, except a truck not exceeding 10,000 pounds gross vehicle weight, shall be parked in a residentially zoned or used area; provided, however, this provision shall not apply to commercial vehicles temporarily parked (less than eight hours) in a residential area in conjunction with maintenance or service to a residential property. No unlicensed vehicle of any kind shall be parked or stored outside in any residentially zoned or used area.

(c)

Presumption of ownership. In any proceeding for violation of any parking provision of this section, the person to whom a commercial vehicle is registered, as determined from the registration plate displayed on said motor vehicle, or the person who owns the property on which an unlicensed vehicle is located, shall be presumed in evidence to be the person who committed the violation charged.

(Code 1994, § 21.31)

(a)

Intent and rationale.

(1)

In the development and execution of this chapter and this section, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting, deteriorating and/or downgrading of the area, and that area adjacent thereto. These special regulations are itemized in this section. The city believes that control or regulation is for the purpose of preventing a concentration of these uses in any one area, i.e., not more than one such use within 750 feet of another such use.

(2)

It is further recognized in the development of this chapter that the prohibition against the establishment of more than one adult/regulated use within 750 feet of each other serves to avoid the clustering of a blighted or deteriorated area frequented by vagrants, and the like; such prohibition further serves to avoid the deleterious effects of blight and devaluation of both business and residential property values resulting from the establishment of adult regulated uses (as defined in this chapter) immediately adjacent to residential neighborhoods; such prohibition further serves to prevent the deleterious effect of blight and devaluation that may be caused by these uses.

(3)

It is further recognized in the development of this chapter and this section that concern for, and pride in, the orderly planning and development of the neighborhood and area should be encouraged and fostered in those persons who comprise the business and residential segments of that neighborhood and area.

(b)

Itemization of adult regulated uses. Uses subject to the controls set forth in this section shall be as follows, and are referred to herein as adult-regulated uses:

(1)

Adult book store.

(2)

Adult mini-motion picture theater.

(3)

Adult motion picture theater.

(4)

Amusement gallery.

(5)

Cabaret.

(6)

Halfway house.

(7)

Massage parlor.

(8)

Modeling studio.

(9)

Tattoo parlor.

(10)

Any use defined as adult regulated uses in section 51-2.02.

(c)

Prohibition. Unless and until approval is first sought and obtained hereunder, it shall be unlawful to hereafter establish any adult regulated use (as defined herein).

(d)

Requirements.

(1)

The adult regulated use shall be located only in the C-2 General Commercial Districts.

(2)

The structure of any adult regulated use shall be at least 750 feet from the nearest property line of any public, private or parochial school, library, park, playground or other recreational facility which admits minors, day care center, or nursery schools; and at least 750 feet from the nearest property line of any church, convent, monastery, synagogue, or other similar place of worship, except as provided below.

(3)

Application to establish any adult regulated use shall not be approved if there is already in existence another adult regulated use, or if a site plan has been approved for one or more adult regulated uses, within 750 feet of the boundaries of the site of the proposed adult regulated use, except as provided below.

(4)

The measurement used to determine the application of any of the above restrictions shall be made from the nearest boundary line of the proposed adult regulated use on a plane to the nearest boundary line of the use in connection with which the measurement is being taken.

(e)

Application and review.

(1)

Any person desiring to establish an adult regulated use shall submit an application for special approval to the city clerk, who shall place the application on the planning commission agenda for formal receipt at the next regular planning commission meeting.

(2)

A date for public hearing shall be set by the planning commission. The city council may order a joint meeting with the planning commission for its input if the council believes such information would allow greater factual information. The public hearing of the planning commission, whether jointly with the council or not, shall be conducted as soon as reasonably possible, and in any event shall not exceed 75 days from the filing of the application. Notice of public hearing shall be published mailed and delivered as required by the same procedures as for special approval in this chapter pursuant to section 51-21.29.

(3)

The planning commission may approve the application if all of the following findings are made:

a.

All locational requirements of this section are met.

b.

The site layout and its relation to streets giving access to it, shall be such that vehicular and pedestrian traffic to and from the use or uses, and the assembly of persons in connection therewith, will not be clearly hazardous, dangerous, or inconvenient to the neighborhood. In applying this standard the city shall consider, among other things: convenient routes for pedestrian traffic, the relationship of the proposed use to main vehicular traffic thoroughfares and to streets and road intersections, and the general nature and intensity of the existing and potential development of the neighborhood. The commission shall determine that the proposed use will not have a clear detrimental effect.

c.

The proposed use will not clearly cause a nuisance and/or harm the public health, safety and general welfare and/or cause an unreasonable diminution in the value of other property in the immediate area.

(4)

The planning commission may waive the locational provision requiring minimum distances between adult regulated uses and a public, private or parochial school, library, park, playground, or other recreational facility, which admits minors, day care center or nursery school, church, convent, monastery, synagogue, or other similar place or worship, if all of the following findings are made after public hearing:

a.

That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed;

b.

That the proposed use will not contribute to, create, enlarge and/or encourage a blighted or deteriorated area;

c.

That the establishment of an additional adult regulated use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program of urban renewal;

d.

That all applicable regulations of this chapter will be observed;

e.

That there is no other reasonable location in the city at which the use is suited.

(5)

Prior to granting a permit for any adult regulated use, the planning commission may impose any such conditions or limitations authorized by law or by this chapter in connection with the grant of special approval pursuant to the procedures and standards in section 51-21.29 and the standards in this section.

(f)

Discontinuance. Any adult regulated use may not be re-established after discontinuance for a period of 90 consecutive days without a new grant of approval by the city.

(Code 1994, § 21.32; Ord. No. C-267-07, § 4, 1-3-2007)

Home occupations, as defined herein, shall be permitted in all residential districts subject to the following minimum requirements:

(1)

That such occupation is incidental to the residential use to the extent that not more than 20 percent of the useable floor area of the principal building shall be occupied.

(2)

That no article or service is sold or offered for sale on the premises except such as is produced by such occupation.

(3)

No home occupation shall be conducted in any accessory building.

(4)

Such occupation shall not require internal or external alterations or construction features, equipment, machinery, outdoor storage, or signs not customarily in residential areas.

(5)

No home occupations shall generate other than normal residential traffic either in amount or type.

(6)

No equipment or process shall be used in such home occupation which 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, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(7)

All home occupations shall be allowed a two square foot wall plaque announcing said home occupation.

(8)

Parking needs generated by a home occupation shall be provided for in an off-street parking area, located other than in a required front yard.

(Code 1994, § 21.33)

In all zone districts, roof appliances, such as, but not limited to, cooling towers, air conditioners, heating apparatus, dust collectors, filters, transformers and any other such appliance or apparatus, other than flag poles, chimneys for carrying products of combustion and radio antenna towers, except solar collectors, shall be enclosed with opaque screens not less in height than the height of the highest appliance, as measured from the plane of the roof surface upon which the screen device is mounted to the top of the highest appliance. However, if the screening device is mounted on the top of the parapet or other part of the building facade which extends above the roof surface, the height of the parapet or other part of the building facade extending above the roof surface and the screening device is equal to the height of the highest appliance, such walls may be lowered to permit passage of air for cross ventilation, but shall be adequate to totally screen such equipment from view. The design of the screening device shall be compatible with the architectural design of the building upon which it is located.

(Code 1994, § 21.34)

Landscaping, greenbelts, and screening are necessary for the continued protection and enhancement of all land uses. Landscaping and greenbelts are capable of enhancing the visual image of the city, preserving natural features, improving property values, and alleviating the impact of noise, traffic, and visual distraction associated with certain uses. Screening is important to protect less-intensive uses from the noise, light, traffic, litter and other impacts of more intensive, nonresidential uses. Accordingly, the provisions set forth herein are intended to set minimum standards for the design and use of landscaping, greenbelts, and screening, and for the protection and enhancement of the city's environment.

(1)

Scope of application. The requirements set forth herein shall apply to all uses which are developed, expanded, or changed, and to all lots, sites, and parcels which are developed or expanded upon following the effective date of this chapter. No site plan shall be approved unless said site plan shows landscaping consistent with the requirements of this section. Where landscaping is required, a building permit shall not be issued unless provisions set forth in this section have been met or a performance guarantee has been posted in accordance with the provisions set forth in section 51-21.30.

(2)

Minimum requirements. The requirements set forth herein are minimum requirements, and nothing herein shall preclude the developer and the city from agreeing to more extensive landscaping.

(3)

Modifications to requirements. In consideration of the overall design and impact of the landscape plan, and in consideration of the amount of existing plant material to be retained on the site, the planning commission may reduce or waive specific requirements outlined herein, provided that any such adjustment is in keeping with the intent of this section and this chapter in general.

(4)

Landscaping requirements.

a.

General requirements. All developed portions of the site shall conform to the following general landscaping standards, except where specific landscape elements, such as a greenbelt, berms or screening are required.

1.

All unpaved portions of the site shall be planted with grass, ground cover, shrubbery, or other suitable live plant material.

2.

A mixture of evergreen and deciduous trees shall be planted at the rate of one tree per 3,000 square feet or portion thereof of unpaved open area. Required trees may be planted at uniform intervals, at random, or in groupings.

3.

All required landscaping shall be served by an in-ground sprinkling system.

4.

Landscaped areas which adjoin paved parking or driveways shall be protected with curbs from encroachment of vehicles.

5.

A three-foot-wide hard-surfaced splash area, consisting of paving brick, cobblestone, or similar material (but not including asphalt), shall be installed in the road right-of-way along the curb edge, plus along both sides of any driveway approach, pursuant to the design and installation standards maintained by the city. The splash area shall extend to the edge of the existing or proposed sidewalk, or, if no sidewalk is proposed, to the existing road right-of-way. The splash area is required so as to provide consistent attractive appearance adjacent to road sides in the city which are subject to salt spray and other traffic impacts which prevent the healthy growth of sod and landscaping.

b.

Greenbelts. In addition to locations specified elsewhere in this chapter, a greenbelt shall be required in any front, side, or rear yard that is adjacent to a road. Notwithstanding this requirement, greenbelts shall be required in the MH Mobile Home Park District only as specified in section 51-12.04(3)a. Greenbelts shall conform to the following requirements:

1.

A required greenbelt or greenbelt buffer may be interrupted only to provide for pedestrian or vehicular access.

2.

Grass, ground cover, or other suitable live plant material shall be planted over the entire greenbelt area, except where paved walkways are used.

3.

A minimum of one deciduous or evergreen tree shall be planted for each 30 linear feet or portion thereof of required greenbelt length, or alternatively, eight shrubs may be substituted for each required tree.

4.

Plant materials shall not be placed closer than four feet to the property line or right-of-way when a greenbelt abuts a public sidewalk.

5.

For the purposes of calculating required plant material, greenbelt length shall be measured along the exterior edge of the greenbelt.

c.

Berms. In addition to locations specified elsewhere in this ordinance, a berm shall be required in any front, side, or rear yard that is used for parking and is adjacent to a road. Notwithstanding this requirement, berms shall be required in the MH Mobile Home Park District only as specified in section 51-12.04(3)a. Berms shall conform to the following requirements:

1.

Required berms shall be at least two feet above grade elevation, and shall be constructed with slopes no steeper than one foot vertical for each three feet horizontal, with at least a two-foot flat area on the top.

2.

Required berms shall be planted with grass, ground cover, or other suitable plant material to protect it from erosion so that it retains its height and shape.

3.

Unless otherwise specified (such as for the purposes of screening), berms shall be planted in accordance with the requirements for greenbelts (subsection (4)c.2 of this section).

4.

For the purposes of calculating required plant material, berm length shall be measured along the exterior edge of the berm.

d.

Parking lot landscaping. In addition to screening which may be required around off-street parking areas, all off-street parking areas shall also provide landscaping as indicated in section 51-19.04.

e.

Evergreen landscaped screening.

1.

Parking located in front or on the side of a building shall be screened from the road with a three foot high red or brown brick wall, evergreen landscaping, or an approved alternative. Appropriate species for a three foot high evergreen hedge include:

i.

Yew (Taxus x media). Appropriate cultivars include Browni, Densiformis, Hartfield, Hicks.

ii.

Dwarf Mugo Pine (Pinus mugo).

iii.

Arborvitae (Thija occidentalis). Appropriate cultivars include Globosa, Techny.

iv.

Canadian Hemlock (Tsuga canadensis).

Use of dwarf species is recommended in the interest of minimizing pruning and maintaining the natural form of the plant material.

2.

Wherever an evergreen or landscaped screen is required, other than to screen parking from the road, the evergreen screening shall consist of closely spaced plantings which form a complete visual barrier that is at least five feet above ground level at the time of planting. Appropriate species for such purposes include:

i.

Arborvitae (Thuja occidentalis) - appropriate cultivars include Pyramidalis, Nigra.

ii.

Eastern Red Cedar (Juniperus virginiana).

iii.

Chinerie Juniper (Juniperus chinersis).

iv.

White Spruce (Picea glauca) or Serbian Spruce (Picea omorika) - an effective screen requires two rows, staggered.

v.

An approved alternative.

f.

Landscaping of rights-of-way. Public rights-of-way located adjacent to required landscaped areas and greenbelts shall be planted with grass or other suitable live ground cover, and shall be maintained by the owner or occupant of the adjacent property as if the rights-of-way were part of the required landscaped areas or greenbelts.

g.

Maintenance of unobstructed visibility for drivers. Where a driveway intersects a public right-of-way or where a site abuts the intersection of public rights-of-way, all landscaping within the corner triangular areas described below shall permit unobstructed cross-visibility for drivers. Shrubs and portions of required berms located in the triangular area shall not be permitted to grow to a height of more than 30 inches above the pavement grade at the edge of the pavement. Trees may be maintained in this area, provided that all branches are trimmed to maintain a clear vision to a height of eight feet above the pavement grade at the edge of the pavement. The triangular areas referred to above are:

1.

The area formed at the corner intersection of a public right-of-way and a driveway, two sides of the triangle being ten feet in length measured along the right-of-way line and driveway line and the third side being a line connecting these two sides.

2.

The area formed at the corner intersection of two public right-of-way lines, the two sides of the triangular area being 30 feet in length measured along the intersecting public rights-of-way lines and the third side being a line connecting these two sides.

(5)

Standards for landscape materials. Unless otherwise specified, all landscape materials shall comply with the following standards:

a.

Plant quality. Plant materials used in compliance with the provisions of this chapter shall be nursery grown, free of pests and diseases, hardy in Oakland County, in conformance with the standards of the American Association of Nurseryman, and shall have passed inspections required under state regulations. The following plant list, although not intended to be all-inclusive, contains recommended trees and shrubs which would generally be considered suitable in meeting the landscaping requirements set forth herein.

b.

Non-living plant material. Plastic and other nonliving plant materials shall not be considered acceptable to meet the landscaping requirements of this chapter.

c.

Plant Material Specifications. The following specifications shall apply to all plant material proposed in accordance with the landscaping requirements of this chapter:

1.

Deciduous shade trees shall be a minimum of 2½ inches in caliper measured 12 inches above grade with the first branch a minimum of four feet above grade when planted.

2.

Deciduous ornamental trees shall be a minimum of two inches in caliper measured 12 inches above grade with a minimum height of four feet above grade when planted.

3.

Evergreen trees shall be a minimum of six feet in height, measured from grade to top break, when planted, except that juniper, yew and arborvitae species shall be a minimum of three feet in height when planted. Furthermore, evergreen trees shall have a minimum spread of three feet, and the size of the burlapped root ball shall be at least ten times the caliper measured six inches above grade.

4.

Shrubs shall be a minimum of two feet in height when planted. Low growing shrubs shall have a minimum spread of 24 inches when planted.

5.

Hedges shall be planted and maintained so as to form a continuous, unbroken, visual screen within two years after planting.

6.

Vines shall have a minimum of three runners, six inches to eight inches long when installed, and be a minimum of 30 inches in length after one growing season.

7.

Ground cover used in lieu of turf grasses in whole or in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage after one complete growing season.

8.

Grass area shall be planted using species normally grown as permanent lawns in Oakland County. Grass, sod, and seed shall be clean and free of weeds, noxious pests, and diseases. Straw or other mulch shall be used to protect newly seeded areas.

9.

Mulch used around trees, shrubs, and vines shall be a minimum of three inches deep, and installed in a manner as to present a finished appearance.

RECOMMENDED PLANT LIST SIZE AND SCREENING REQUIREMENTS

T = Minimum Allowable Size

X = Minimum Allowable Size for Parking Lot or Transformer Screening

● = Minimum Allowable Size for All other Screening

¹ Austrian and Scotch Pines should be used with discretion.

² Canadian Hemlock, 3-ft. height, can be used for parking lot screen.

³ Measured one foot above approved graded.

⁴ Height is measured from grade to top break.

⁵ London Plane trees and Dawn Redwoods shall be planted at least 20 ft. from buildings and pavement.

T = Minimum Allowable Size

X = Minimum Allowable Size for Parking Lot or Transformer Screening

● = Minimum Allowable Size for All other Screening.

³ Caliper is measured one foot above approved graded.

⁴ Measured from grade to top break.

⁶ Minimum spread applies to plants with horizontal habit.

T = Minimum Allowable Size

X = Minimum Allowable Size for Parking Lot or Transformer Screening

● = Minimum Allowable Size for All other Screening.

³ Measured one foot above approved graded.

⁴ Height is measured from grade to top break.

(6)

Installation and maintenance. The following standards shall be observed where installation and maintenance of landscape materials is required:

a.

Installation. Landscaping shall be installed in a sound, workmanlike manner to ensure the continued growth of healthy plant material.

b.

Protection from vehicles. Landscaping shall be protected from vehicles through use of wheel stops or other means. Landscape areas shall be elevated above the pavement to a height adequate to protect the plants from snow removal, salt, and other hazards.

c.

Off-season planting requirements. If development is completed during the off-season when plants cannot be installed, the owner shall provide a performance bond to ensure installation of required landscaping in the next planting season.

d.

Maintenance.

1.

Landscaping required by this chapter shall be maintained in a healthy, neat, and orderly appearance, free from refuse and debris. All unhealthy and dead plant material shall be removed within 30 days following city notification and replaced in the next appropriate planting period. The landscape plan shall indicate the individuals or businesses who will be responsible for continued maintenance of the landscaping. Those charged with this responsibility shall also be responsible for maintenance of adjacent landscaped areas in public rights-of-way.

2.

In the event the owner fails to maintain the landscaping area in a neat and orderly manner, free from debris, the building inspector shall mail to the owner a written notice setting forth the manner in which there has been failure to maintain said landscaping and require that the deficiencies of maintenance be cured within 30 days from date of said notice. If the deficiencies set forth in the notice shall not be cured within 30 days, or any extensions thereof granted by the planning commission, the city shall have the right to enter upon such property and correct such deficiencies and the costs thereof shall be charged, assessed and collected pursuant to this Code.

(7)

Treatment of existing plant material. The following regulations shall apply to existing plant material:

a.

Consideration of existing elements in the landscape design. In instances where healthy plant material exists on a site prior to its development, the planning commission may permit substitution of such plant material in place of the requirements set forth previously in this section, provided such substitution is in keeping with the spirit and intent of this section and the zoning ordinance in general.

b.

Preservation of existing plant material.

1.

Site plans shall show all existing trees which are located in the portions of the site that will be built upon or otherwise altered, and are five inches or greater in caliper, measured 12 inches above grade.

2.

Trees shall be labeled "To Be Removed" or "To Be Saved" on the site plan. If existing plant material is labeled "To Be Saved" on the site plan, protective measures should be implemented, such as the placement of fencing or stakes at the dripline around each tree. No vehicle or other construction equipment shall be parked or stored within the dripline of any tree other plant material intended to be saved.

3.

In the event that healthy plant materials which are intended to meet the requirements of this chapter are cut down, damaged or destroyed during construction, said plant material shall be replaced in accordance with the following schedule, with the same species as the damaged or removed tree, unless otherwise approved by the planning commission.

(8)

Undesirable plant materials. Use of the following plant materials (and/or their clones and cultivars) is not encouraged because of susceptibility to storm damage, disease, and/or other undesirable characteristics:

a.

Silver Maple.

b.

Box Elder.

c.

Tree of Heaven.

d.

European Barberry.

e.

Northern Catalpa.

f.

Eastern Red Cedar.

g.

Poplar.

h.

Willow.

i.

American Elm.

(9)

Variances from landscape regulations. Where conditions on the site present practical difficulties to complying with the landscape regulations, the applicant may petition the zoning board of appeals for a variance or variances from the regulations. In determining whether a variance is appropriate, the zoning board of appeals shall consider whether the following conditions exist.

a.

Topographic features or other unique features of the site create conditions such that strict application of the landscape regulations would result in a less effective screen than an alternative landscape design.

b.

Parking, vehicular circulation, or land use are such that required landscaping would not enhance the site or result in the desired screening effect.

c.

The public benefit intended by the landscape regulations could be better achieved with a plan that varies from the strict requirements of this chapter.

(Code 1994, § 21.35)

For all developments requiring site plan approval, a new public sidewalk or safety path shall be constructed in accordance with city engineering standards along any road right-of-way. In the event that sidewalks or safety paths already exist, they shall be repaired or reconstructed as necessary. Sidewalks and safety paths shall be five feet in width and constructed of concrete, and they shall be located one foot off of the property line in the right-of-way. Where a setback measurement standard is specified on the adopted zoning map, the sidewalk or safety path shall be located one foot from the setback measurement standard line. New or reconstructed sidewalks or safety paths shall be aligned with existing or proposed sidewalks or safety paths on adjoining parcels. Sidewalks or safety paths shall be continuous across driveways; in such locations, the sidewalks or safety paths shall be constructed of six-inch-thick reinforced concrete.

(Code 1994, § 21.36)

Except in the instance of cluster developments or condominium developments where a site plan is approved by the planning commission and except for lots used for education or religious institutions, not more than one single-family dwelling shall be located on a lot as defined herein, nor shall a single-family dwelling be located on the same lot with another principal building. This provision shall not prohibit the lawful division of land.

(Code 1994, § 21.37)

The keeping, raising, or breeding of animals including farm animals and non-domestic animals and reptiles (except domesticated cats, dogs, canaries, parakeets, parrots, gerbils, hamsters, guinea pigs, turtles, fish, rabbits and similar animals commonly kept as pets) shall be prohibited, except as may be permitted by and under conditions of public safety, comfort, convenience and quiet use of property imposed by the zoning board of appeals. The zoning board of appeals may permit up to five horses, subject to the minimum land area of three acres per horse.

(Code 1994, § 21.38)

Dumpsters may be permitted or required as accessory to any use other than single- and two-family residential uses, subject to the following conditions:

(1)

Location. Dumpsters shall be located to the rear of the principal building, provided any such dumpster shall not encroach on a required parking area and is clearly accessible to servicing vehicles. Dumpsters and dumpster screening shall be located at least five feet from any property line. On corner lots, dumpster and dumpster screening shall be no closer to the street right-of-way than the building.

(2)

Concrete pad. Dumpsters shall be placed on a concrete pad. The concrete pad should extend a minimum of five feet in front of the dumpster enclosure.

(3)

Screening. Dumpsters shall be screened from view from adjoining property and public streets and thoroughfares. Dumpsters shall be screened on three sides with a permanent building, decorative masonry wall or wood fencing, not less than six feet in height or at least one foot above the height of the enclosed dumpster, whichever is taller. The fourth side of the dumpster screening shall be equipped with an opaque lockable gate that is the same height as the enclosure around the other three sides.

(4)

Wood screening standards. If wood fencing is selected as the desired dumpster screening alternative, the following standards shall apply:

a.

Materials. Only solid No. 1 pressure-treated wood or comparable wood material shall be permitted.

b.

Posts. Posts shall be set in concrete 42 inches below grade level. Two types of posts shall be permitted:

1.

Six-inch by six-inch pressure-treated wood; or

2.

Three-inch diameter galvanized steel posts.

(5)

Bollards. Bollards (concrete filled metal posts having a minimum diameter of four inches) or similar protective devices shall be installed at the opening to prevent damage to the screening wall or fence.

(6)

Site plan requirements. The location and method of screening of dumpsters shall be shown on all site plans and shall be subject to the approval of the planning commission.

(7)

Maintenance. Dumpsters and dumpster screening and the surrounding area shall be maintained in a neat and orderly appearance, free from uncontained waste or debris. This maintenance shall be the responsibility of the owner of the premises on which the dumpster is placed.

(Code 1994, § 21.39)

Notwithstanding any other provision of this chapter, no use shall be permitted within any district which does not conform to the following standards, which standards are hereby established as the minimum requirements to be maintained in any district:

(1)

Smoke.

a.

It shall be unlawful for any person, firm or corporation to permit the emission of any smoke from any source whatever to a density greater than that density described as No. 1 of the Ringlemann Chart, provided that the following exceptions shall be permitted: smoke, the shade or appearance of which is equal to but not darker than No. 2 of the Ringlemann Chart for a period, or periods, aggregating four minutes in any 30 minutes.

b.

Method of measurement. For the purpose of grading the density of the smoke, the Ringlemann Chart, as published and used by the United States Bureau of Mines, is hereby made a part of this chapter and shall be the standard of measurement used in this chapter. Nevertheless, the Umbrascope readings of smoke densities may be used when correlated with Ringlemann's Chart.

(2)

Dust, dirt and fly ash.

a.

No person, firm or corporation shall operate or cause to be operated, maintain or cause to be maintained, any process for any purpose, or furnace or combustion device for the burning of coal or other natural or synthetic fuels, without maintaining and operating, while using said process or furnace or combustion device, recognized and approved equipment, means, method, device or contrivance to reduce the quantity of gas borne or airborne solids or fumes emitted into the open air, which is operated in conjunction with said process, furnace, or combustion device so that the quantity of gas-borne or airborne solids shall not exceed 0.20 grains per cubic foot of the carrying medium at a temperature of 500 degrees Fahrenheit.

b.

Method of measurement. For the purpose of determining the adequacy of such devices, these conditions are to be conformed to when the percentage of excess air in the stack does not exceed 50 percent at full load. The foregoing requirement shall be measured by the ASME Test Code for dust-separating apparatus. All other forms of dust, dirt and fly ash shall be completely eliminated insofar as escape or emission into the open air is concerned. The building inspector may require such additional data as is deemed necessary to show that adequate and approved provisions for the prevention and elimination of dust, dirt and fly ash have been made.

(3)

Glare and radioactive materials. Glare from any process (such as or similar to arc welding or acetylene torch cutting) which emits harmful ultraviolet rays shall be performed in such a manner as not to be seen from any point beyond the property line, and as not to create a public nuisance or hazard along lot lines. Radioactive materials and wastes, and including electromagnetic radiation such as x-ray machine operation, shall not be emitted to exceed quantities established as safe by the U.S. Bureau of Standards, when measured at the property line.

(4)

Fire and explosive hazards.

a.

In the I-1 District, the storage, utilization or manufacture of materials or products ranging from incombustible to moderate burning, as determined by the fire marshal, is permitted subject to compliance with all other performance standards above mentioned. The following shall define the ranges of burning:

1.

Intense burning materials which by virtue of low ignition temperature, high rate of burning and large heat evolution, burn with great intensity. An example would be manganese.

2.

Free and active burning materials are materials constituting an active fuel. Free burning and active burning is the rate of combustion described by a material which burns actively and easily supports combustion. An example would be fuel oil.

3.

Moderate burning implies a rate of combustion described by material which supports combustion and is consumed slowly as it burns. An example would be coal.

b.

The storage, utilization or manufacture of materials, goods or products ranging from free or active burning to intense burning, as determined by the fire marshal, is permitted subject to compliance with all other yard requirements and performance standards previously mentioned, and providing that the following conditions are met:

1.

Said materials or products shall be stored, utilized or produced within completely enclosed buildings or structures having incombustible exterior walls, which meet the requirements of building code of the city.

2.

All such buildings or structures shall have a setback of at least 40 feet from lot lines thereof. All such buildings or structures shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Association.

3.

The storage and handling of flammable liquids, liquefied petroleum, gases and explosives shall comply with the State Rules and Regulations as established by Public Act No. 207 of 1941, as amended.

(5)

Noise. All mechanical noise shall be muffled so as not to become objectionable to areas zoned for residential use due to intermittence, beat frequency or shrillness. Noise may equal but shall not exceed average street traffic noise. Measurement of noise levels shall be made at the zoning district boundary and shall not exceed the sound level of the abutting use district or the street abutting such use, whichever is the greater.

(6)

Odors and fumes. Creation of offensive odors and fumes shall be prohibited.

(7)

Wastes. No waste shall be discharged in the public sewer system which, in the determination of the city engineer, is dangerous to the public health and safety.

(8)

Vibration.

a.

All stamping machines, punch presses, press breaks and similar machines or machines which cause vibrations shall be mounted on shock-absorbing mountings on suitable reinforced concrete footings. Stamping machines, punch presses, press breaks and similar machines shall be located no closer to residential districts than the following:

1.

Up to ten ton, with 18 gauge stock or less in thickness when located 150 feet from any residential district.

2.

Up to 50 ton when 200 feet from any residential district.

3.

Up to 100 ton when 250 from any residential district.

4.

Up to 100 ton when 250 from any residential district.

5.

Up to 200 ton when 300 feet from any residential district.

b.

In those instances where the abutting zoning district is residential, walls enclosing such machines shall be constructed with no openings on the side abutting residential districts.

(Code 1994, § 21.40)

Unless specifically provided otherwise in this chapter, all businesses, servicing or manufacturing, except off-street parking and loading, shall be conducted within a completely enclosed building; and no outdoor storage or display of any kind shall be permitted.

(Code 1994, § 21.41)

If the planning commission determines that proposed or anticipated development will result in an excessive number of entrance or exit drives onto a public road, thereby creating potentially hazardous traffic conditions and/or diminishing the carrying capacity of the public road, the commission may require construction of private service roads on abutting parcels to allow traffic circulation from one parcel to another without re-entering the public road. Private roads are also permitted in commercial and industrial districts to provide access to parcels that do not have frontage on a public road. Such roads shall conform to the following specifications:

(1)

Location and dimensions. The front edge of a private service road located parallel to a public road shall be located no closer than the future right-of-way line of the public road, and shall be at least 24 feet in width.

(2)

Easement. Use of a private service road shall be secured through an easement permitting the use of the road for traffic circulation from one parcel to another. Said easement shall be in written form acceptable to the planning commission, and shall be recorded with the county register of deeds. The easement shall cover the full width of the road plus related drainage and stormwater detention/retention ponds. The easement for private roads that serve parcels that have no frontage on a public road shall be at least 40 feet in width with an adjoining ten-foot utility easement. For the purposes of determining compliance with setback requirements, the service road easement shall have the same status as a public street right-of-way.

(3)

Surfacing and drainage. Private roads shall be paved, graded and drained in compliance with city engineering standards.

(4)

Maintenance.

a.

Service roads located parallel to a public road shall be maintained by abutting property owners so that the road remains in good condition. A road maintenance agreement shall be prepared, executed, and recorded, to address ongoing and long-term maintenance of private roads that provide the sole means of access to parcels that have no direct public road frontage.

b.

The maintenance agreement shall address the method of financing road maintenance and improvements. Maintenance activities covered by the agreement shall include, at minimum, snow plowing, cleaning, patching, and periodic reconstruction or resurfacing.

(Code 1994, § 21.42)

In all zoning districts, satellite dish antennas may be permitted as an accessory use, subject to the following conditions:

(1)

Roof mounted dish antenna up to ten feet in diameter shall be permitted only in commercial and industrial districts. If located on a roof, such antenna shall be considered a roof structure and shall comply with the provisions of section 51-21.06.

(2)

Ground mounted antenna up to ten feet in diameter shall be subject to the following conditions:

a.

An accessory use building permit for satellite dishes shall be required.

b.

Maximum height permitted shall be 20 feet.

c.

The satellite dish structure shall be securely mounted and anchored to a pole, and secured in accordance with the requirements of the manufacturer and the building code.

d.

If elevated off of the ground, all such antennas shall be located so that there is an eight-foot clearance between the lowest part of the dish and grade.

e.

Satellite dish antenna shall not be permitted in front yards.

f.

Such antenna shall be located a minimum of ten feet from any street line and three feet from any other property line.

g.

All electrical and antenna wiring shall be placed underground or otherwise obscured from view.

h.

The surface of the dish shall be painted or treated as not to reflect glare from sunlight, and shall not be used as any sign or message board. All installations shall employ (to the extent possible) materials and colors that blend with the surroundings.

(Code 1994, § 21.43)

For all developments requiring site plan approval, curb and gutter shall be constructed along all abutting roads required in accordance with city standards.

(Code 1994, § 21.44)

Outside stairways, fire escapes, fire towers, chimneys, platforms, balconies, boiler flues, and other projections shall be considered part of the building, subject to the setback requirements for the district in which the building is located. The following projections shall be permitted to project into required yards, subject to any specified conditions:

(1)

Awnings.

(2)

Approved freestanding signs.

(3)

Approved landscaping.

(4)

Arbors and trellises.

(5)

Flagpoles.

(6)

Window air-conditioning units.

(7)

Fences and walls, subject to applicable restrictions set forth herein.

(8)

Bay windows, window sills, belt courses, cornices, eaves, overhanging eaves, and other architectural features may project into a required side yard not more than two inches for each one foot of width of such side yard, and may extend into any front or rear yard not more than 36 inches.

(9)

Open paved terraces, open porches, and steps below first floor level may project into required yards, provided that such structural features shall not project more than 12 feet into a front or rear yard and not more than eight feet into a side yard; and provided, further, that such structural alterations shall not be closer than 20 feet to a front or rear lot line or closer than six feet to a side lot line.

(10)

Access driveways may be placed in required front or side yards so as to provide access to the rear yard, the principal building or accessory buildings.

(11)

Central air-conditioning units may encroach into a required rear yard or non-required side yard provided, however, that no unit may be placed in a location that would block emergency access or ingress/egress through any window or opening to the building.

(12)

Decks that are attached to or accessory to single-family residences in the R-1A and R-1B Districts may project up to 12 feet into a required rear yard, provided that no portion of any such deck shall be closer than 20 feet to the rear lot line.

(Code 1994, § 21.45)

The following regulations shall apply to all condominium projects within the city:

(1)

Definitions. For the purposes of this chapter and this section, the following terms shall be defined as set forth herein. Condominium terms shall also have the meaning as set forth in the Condominium Act in addition to any meaning set forth herein.

a.

Condominium act. Shall mean the Public Act 59 of 1978, as amended, MCLA 559.101 et seq.

b.

Condominium lot. Shall mean that portion of a site condominium project designed and intended to function similar to a platted subdivision lot for the purposes of determining minimum yard setback requirements and other requirements set forth in section 51-17.01, schedule of regulations.

c.

Condominium unit. Shall mean that portion of the condominium project designed and intended for separate ownership and use, as described in the master deed for the condominium project.

d.

Detached condominium. Shall mean a condominium project designed to be similar in appearance to a conventional single-family subdivision, except that limited common areas are not arranged in such a manner as to create clearly defined condominium lots.

e.

Site condominium. Shall mean a condominium project designed to function in a similar manner, or as an alternative, to a platted subdivision. A site condominium shall be considered as equivalent to a platted subdivision for the purposes of the regulations in this chapter and may be referred to as a "condominium subdivision."

(2)

Regulatory intent and applicable regulations. All condominium projects shall conform to the requirements of this section and all other applicable regulations of this chapter.

a.

General requirements for site condominium and single-family detached condominiums. All site condominium projects shall be considered as equivalent to platted subdivisions for the purposes of enforcing site and building standards. It shall be the intent of this section to regulate site condominium and single-family detached condominium projects in a similar manner as a subdivision plat, except that the review procedures of this chapter shall apply. The substantive requirements for streets, sidewalks, utilities, storm drainage and subdivision layout and design as set forth in the subdivision Control Act of 1967, Act 288 of the Public Acts of 1967, as amended, MCLA 560.101 et seq., and of the city subdivision regulations ordinance, are intended to apply to site condominiums and also, subject to layout and design renovations permitted by this chapter, to single-family detached condominium projects.

b.

General requirements for single-family site condominiums. Single-family site condominiums shall be subject to all requirements applicable to R-1A or R-1B Districts, including minimum lot requirements and all other applicable requirements set forth in section 51-17.01. These regulations shall be applied by requiring the site condominium unit and a surrounding limited common element to be equal in size to the minimum lot size and lot width requirements for the district in which the project is located. The site condominium unit shall be equivalent to the area of the lot where a principal building can be constructed and there shall be a limited common element associated with each site condominium unit which shall be at least equivalent to the minimum yard area requirements.

c.

Specific requirements for single-family site condominiums. Single-family detached condominiums shall be subject to all requirements and standards of the applicable R-1A or R-1B Districts, including minimum floor area requirements, regulations governing the distance between buildings and the attachment of buildings, and other requirements as set forth in this chapter. Proposed single-family detached condominium projects shall not exceed the maximum permitted density for the district in which the project is located, as determined on the basis of minimum lot size standards set forth in section 51-17.01. Appropriate information and dimensions shall be depicted on the site plan so that the planning commission can determine that all applicable minimum requirements are met.

d.

Requirements for attached condominium units. Attached condominium units shall be subject to all requirements applicable to RM-1 and RM-2 Districts, including minimum floor area requirements, regulations governing the distance between buildings and attachment of buildings, and other requirements as set forth in this chapter.

e.

Street and road requirements in all single-family detached, single-family site condominiums, and attached condominium projects. All streets and roads in a single-family detached condominium project or a single-family site condominium project shall, at a minimum, conform to the standards and specifications promulgated by the county road commission for a typical paved residential road in single-family residential subdivisions. All streets and roads in an attached condominium project shall conform to the standards adopted by the city for a typical road in a multiple-family development.

(3)

Site plan review. Prior to recording of the Master Deed required by section 72 of the Michigan Public Act 59 of 1978, as amended, the condominium project shall undergo site plan review and approval pursuant to section 51-21.28. Expansion of a project to include additional land in a new phase shall also require site plan review.

(4)

Information required. In addition to the requirements in section 51-21.28 and the information specified on the site plan review checklist, the information listed below shall be included on, or attached to, all site plans, concurrently with the notice required to be given to the city pursuant to section 71 of Public Act 59 of 1978, as amended.

a.

The name, address and telephone number of:

1.

All persons with an ownership interest in the land on which the condominium project will be located together with a description of the nature of each entity's interest (for example, fee owner, optionee, lessee, or land contract vendee).

2.

All engineers, attorneys, architects or registered land surveyors associated with the project.

3.

The developer or proprietor of the condominium project.

b.

The legal description of the land on which the condominium project will be developed together with appropriate tax identification numbers.

c.

The acreage area of the land on which the condominium project will be developed.

d.

The purpose of the project (for example, residential, commercial, industrial, etc.).

e.

Approximate number of condominium units to be developed on the subject parcel.

f.

A site plan, drawn to scale, which shows the following information:

1.

A general location map.

2.

The vehicular circulation system planned for the proposed development, including all roads, drive aisles, and paved areas, plus a designation of each street as to whether it is proposed to be private or dedicated to the public.

3.

The location of existing private and public streets adjacent to the proposed development with an indication of how they will connect with the proposed circulation system for the new development.

4.

The layout and boundaries of condominium units, limited common areas, and general common areas.

5.

The proposed layout of parking, open space and recreation/park areas.

6.

Proposed landscape screening, including greenbelts and berms, and screening walls.

7.

Proposed sanitary sewer system.

8.

Proposed water supply system.

9.

Proposed stormwater and drainage system, including retention and detention areas.

10.

Preliminary approval of the county health department.

11.

The condominium documents, including the proposed master deed and condominium bylaws. All information required to be furnished under this subsection shall be kept updated until a certificate of occupancy has been issued pursuant to section 51-20.04.

(5)

State and county approval.

a.

All site condominium projects shall require the review and approval of the following agencies prior to final site plan approval:

1.

The county road commission, if any part of the project includes or abuts a street or road that is under the jurisdiction of the county;

2.

The city engineer and city's department of public works; and

3.

The county health department and the state department of natural resources shall approve the public water system and the sanitary sewer system.

b.

In addition to the specific required approvals, all site condominium project site plans shall be submitted to the state department of natural resources, the county plat board, each of the public utilities serving the site, and any other state agency designated by the planning commission, for informational purposes. The planning commission shall consider any comments made by these agencies prior to final site plan approval.

(6)

Site plan review and approval. Pursuant to section 51-21.28, the planning commission shall review the proposed condominium site plan, together with the comments and recommendations from the city planner, city engineer, city staff, and county and state agencies. Based on the standards and requirements set forth in this chapter and this section, the planning commission shall approve, approve subject to conditions, or deny the proposed condominium project and site plan.

(7)

Issuance of permits. A building permit for a structure shall not be issued until evidence of a recorded master deed has been provided to the city. However, the building official may issue permits for site grading, erosion control, installation of public water and sewage facilities, and construction of roads prior to recording of the master deed. No permit issued or work undertaken prior to recording of the master deed pursuant to this section shall grant any rights or any expectancy interest in the approval of the master deed.

(8)

Master deed, restrictive covenants, as built survey and Mylar copy.

a.

Upon approval of the site plan, the condominium project developer or proprietor shall furnish the building official with the following:

1.

One copy of the recorded master deed; and

2.

One copy of all restrictive covenants.

b.

Upon completion of the project, the condominium project developer or proprietor shall furnish the building official with the following:

1.

Two copies of an "as built survey"; and

2.

One copy of the site plan on a Mylar sheet of at least 13 inches by 16 inches with an image not to exceed 10½ inches by 14 inches.

c.

The as built survey shall be reviewed by the city engineer for compliance with city ordinances. Fees for this review shall be established by resolution of the city council.

(9)

Monuments required. All condominium projects shall be marked with monuments as follows:

a.

Monuments shall be located in the ground and made according to the following requirements, but it is not intended or required that monuments be placed within the traveled portion of a street to mark angles in the boundary of the condominium project if the angle points can be readily re-established by reference to monuments along the sidelines of the streets.

b.

All monuments used shall be made of solid iron or steel bars at least one-half inch in diameter and 36 inches long and completely encased in concrete at least four inches in diameter.

c.

Monuments shall be located in the ground at all angles in the boundaries of the condominium project; at the intersection lines of streets and at the intersection of the lines of streets with the boundaries of the condominium project; at all points of curvature, points of tangency, points of compound curvature, points of reverse curvature and angle points in the side lines of streets and alleys; at all angles of an intermediate traverse line and at the intersection of all limited common elements and all common elements.

d.

If the required location of a monument is an inaccessible place, or where the locating of a monument would be clearly impracticable, it is sufficient to place a reference monument nearby and the precise location thereof be clearly indicated on the plans and referenced to the true point.

e.

If a point required to be monumented is on a bedrock outcropping, a steel rod, at least one-half inch in diameter shall be drilled and grouted into solid rock to a depth of at least eight inches.

f.

All required monuments shall be placed flush with the ground where practicable.

g.

All unit corners shall be monumented in the field by iron or steel bars or iron pipes at least 18 inches long and one-half inch in diameter, or other approved markers.

h.

The building official may waive the placing of any of the required monuments and markers for a reasonable time, not to exceed one year, on the condition that the proprietor deposits with the city cash or a certified check, or irrevocable bank letter of credit running to the city, whichever the proprietor selects, in an amount approved by the city. Such cash, certified check or irrevocable bank letter of credit shall be returned to the proprietor upon receipt of a certificate by a surveyor that the monuments and markers have been placed as required within the time specified.

(10)

Temporary occupancy. The building official may allow occupancy of the condominium project before all improvements required by this chapter are installed, provided that a bond is submitted sufficient in amount and type to provide for the installation of improvements without expense to the city, before the expiration of the temporary occupancy permit.

(11)

Performance guarantee. The planning commission may require that a performance guarantee be deposited with the city to ensure faithful completion of improvements, in accordance with section 51-21.30. Improvements that shall be covered by the performance guarantee include, but are not necessarily limited to, landscaping, open space improvements, streets, utilities, and sidewalks.

(12)

Continued maintenance. The master deed shall contain provisions making it the responsibility of the condominium association to maintain the property in accordance with the approved site plan on a continuing basis. The master deed shall further establish the means of financing required maintenance and improvement activities in perpetuity. Failure to maintain an improved site plan shall be deemed in violation of the use provisions of this chapter and shall be subject to the same penalties appropriate for a use violation.

(Code 1994, § 21.46)

Subject to the provisions set forth herein, all parking areas, walkways, driveways, building entryways, off-street parking and loading areas, and building complexes with common areas involving commercial, industrial, office, multiple-family, or mobile home park development shall be sufficiently illuminated during typical hours of operation or uses to ensure the security of property and the safety of persons using such public or common areas.

(1)

Permitted lighting. Only non-glare lighting shall be permitted. Lighting shall have a color rendering index of at least 50 so that objects being lit have reasonably natural color. Lighting shall be placed and shielded so as to focus the light downward onto the site and away from adjoining properties. The lighting source (i.e., the luminaire) shall not be directly visible from adjoining properties. Lighting shall be shielded so that it does not cause glare or interfere with the vision of motorists.

(2)

Intensity. In parking areas, the light intensity shall average a minimum of 1.0 footcandle, measured five feet above the surface. In pedestrian areas, the light intensity shall average a minimum of 2.0 footcandles, measured five feet above surface. The planning commission may require a photometric map with each site plan to evaluate compliance with these standards.

(3)

Height.

a.

Except as noted below, lighting fixtures shall not exceed a height of 20 feet measured from the ground level to the centerline of the light source. Fixtures should provide an overlapping pattern of light at a height of approximately seven feet above ground level.

b.

The planning commission may modify these height standards in commercial and industrial districts, based on consideration of the following: the position and height of buildings, other structures, and trees on the site; the potential off-site impact of the lighting; the character of the proposed use; and the character of surrounding land use. In no case shall the lighting exceed the maximum building height in the district in which it is located.

(4)

Sign lighting. Signs shall be illuminated in accordance with the regulations set forth in section 51-20.06.

(5)

Site plan requirements. All lighting, including lighting that is intended to be primarily decorative in nature, shall be shown on site plans in sufficient detail to allow determination of the effects of such lighting upon adjacent properties, traffic safety, and overhead sky glow. The objective of these specifications is to minimize undesirable off-site effects.

(6)

Exceptions. Because of requirements for night-time visibility and limited hours of operation, lighting for ball diamonds, playing fields, and tennis courts may extend as high as 80 feet above grade, subject to special land use approval. In reviewing the special land use, the planning commission shall consider the proximity of residential uses and the impact of the proposed lights on nearby residential areas.

(Code 1994, § 21.47)

(a)

Intent, purpose, and exemptions.

(1)

Intent. The procedures, standards, and regulations of this ordinance are intended to balance the interests of commercial entities to provide wireless communications without significant gaps in coverage with the public interest to protect the character and environmental features of the city and to ensure wireless communications facilities are situated in appropriate locations in relationship to other land uses, structures, and buildings, and to comply with all applicable state and federal laws and regulations.

(2)

Purpose. The purpose of this section includes:

a.

Efficient planning. Efficient planning will encourage prudent siting of facilities in accordance with principles of planning, zoning, land use and the need for service by:

1.

Facilitating and expediting the placement of facilities in appropriate locations.

2.

Protecting designated historic properties.

3.

Encouraging careful design of facilities to ensure architectural compatibility and where possible, concealment within existing structures on the site.

4.

Ensuring structural integrity of support structures.

5.

Protecting public and private rights-of-way from interference and distractions to motorists.

6.

Requiring necessary clear vision and safe fall zones for the protection of the public.

b.

Promote co-location. Co-location on approved support structures and existing buildings and structures will reduce the need for the erection of new support structures, will expedite the approval process, will be less costly to industry, and will provide opportunities for architectural concealment of wireless communication facilities in existing structures.

c.

Maintenance agreement. A maintenance agreement will ensure long-term, continuous maintenance of all site improvements proposed for the wireless communications facilities.

d.

Removal. Timely removal of equipment and facilities upon discontinuance of use will minimize the adverse impacts of technological obsolescence.

(3)

Exemptions. Amateur radio, citizen band radio, short wave radio, residential TV or satellite TV antennas are exempt from the provisions of this section. All wireless communications facilities located, or proposed for location, within any public right-of-way, or upon any city-owned property, are exempt from the provisions of this section and any other zoning regulations and shall comply with all applicable non-zoning regulations and requirements adopted by the city.

(b)

Prohibited structures and locations. A new lattice tower, guy-wired tower or wooden pole shall not be permitted as a wireless communication equipment support structure or a facility for wireless communication within the city. All existing support structures and facilities may be used as permitted in this section.

(c)

Permitted districts and approval/review process. Wireless communication facilities may be provided in the zoning districts in accordance with the following table, subject to review, approval and compliance with the requirements of this section:

(d)

General application requirements. An application for a new facility or co-location on an existing facility shall be prepared and submitted to the city for review and/or approval as required by this section prior to constructing a new facility or collocating on an existing facility. Applications required by this section shall be made by the property owner, the owner's agent or authorized representative as provided by this section. The application shall contain all information and submittals required by this section including payment of performance guarantees and/or required fees established by resolution of city council and submission of all information that is needed to determine compliance with the requirements of this section and chapter. The city may prepare and provide required application forms for the purposes of submitting an application pursuant to this section.

(e)

Co-location. It is the policy of the city to minimize the overall number of newly established locations for wireless communication facilities within the community, by requiring co-location and the use of existing structures for attached wireless communication antennas. The provisions of this subsection are designed to carry out and encourage conformity with this policy. Co-location shall be deemed to be feasible for the purposes of this section where all of the following are met:

(1)

Permitted co-location requiring review.

a.

Existing facilities in permitted district. An existing wireless communications support structure located in a C-2, I-1 or CS District is an eligible facility for permitted co-location subject to administrative review as required by this subsection (e)(1)a.

b.

Rooftop of existing buildings. The roof of an existing building located in a nonresidential zoning district, or any nonresidential use within a multiple-family residential zoning district, is an eligible facility for permitted co-location of wireless communications equipment subject to compliance with the provisions of this subsection, and provided the roof and existing building can safely support the proposed co-location of wireless communication equipment. Rooftop co-location of wireless communications equipment shall further comply with the following regulations:

1.

The wireless communications facilities shall be designed, constructed, and maintained to be visually and architecturally compatible with the principal building.

2.

The equipment compound shall be designed as a properly screened roof appliance, a penthouse, or may be located within the principal building.

3.

The wireless communications equipment height shall not extend above the roof of the principal structure unless the equipment is incorporated as an architectural element and is integrated into the overall architecture of the building.

4.

The height of any antenna, wireless communications equipment, and associated architectural element, shall not extend more than ten feet above the maximum height permissible in the underlying zoning district.

c.

Existing electrical transmission towers. Existing electrical transmission towers, such as the ITC towers are eligible facilities for permitted co-location of wireless communications facilities in compliance with the provisions of this subsection within any zoning district where located.

d.

Existing wireless communications facilities. Existing wireless communications facilities are eligible facilities for permitted co-location in the zoning district where located, provided that the proposed co-location complies with all of the following criteria:

1.

Existing. The wireless communications equipment will be collocated on an existing wireless communications support structure or in an existing equipment compound.

2.

Approved. The existing wireless communications support structure or existing equipment compound was previously approved by the city.

3.

Not a substantial change. The proposed co-location will not substantially change the physical dimensions of the eligible facility and increases in the height, width, and area according to the following criteria:

i.

Height. The overall height of the wireless communications support structure shall not be increased by more than 20 feet or ten percent of the structure's originally approved height, whichever is greater.

ii.

Width. The width of the wireless communications support structure shall not be increased by more than the minimum necessary to permit co-location; and in no event shall it involve adding an appurtenance to the body of:

(a)

An existing tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower at the level of the appurtenance, whichever is greater; or

(b)

A non-tower support structure that would protrude from the edge of the structure by more than six feet.

iii.

Equipment compound. The area of the existing equipment compound shall not be increased to exceed a total area of 2,500 square feet, or exceed four cabinets; and the height shall not be increased by more than ten percent or ten feet of the compound's originally approved height, whichever is greater.

iv.

Limited to current site. The proposed co-location shall not include the excavation or deployment outside the current site.

v.

Maintains concealment. The proposed co-location shall not defeat any concealment elements of the eligible support structure.

4.

Compliance. The proposed co-location complies with all terms and conditions of the previous final approval of the existing wireless communications support structure and/or equipment compound.

5.

Equipment compound. In the event the addition of wireless communications equipment to the equipment compound results in an increase to the height, width, or total size of the compound area, the compound shall be brought into compliance with the design regulations for equipment compounds as set forth in subsection (g) of this section, regulations.

e.

Zoning compliance review procedure. An administrative zoning compliance review of proposed co-location of wireless communications facilities as a permitted co-location shall be conducted by the planning and building department for determining compliance with the provisions of this subsection (e)(1)e.

1.

Application requirements. A complete application for the review of a permitted co-location shall be made to the building and planning department, which complies with all of the following:

i.

Is signed by the applicant, the property owner, and the licensed entity intended to be an operator of the wireless communications facility.

ii.

Includes the following documentation:

(a)

Plans that comply with the requirements of this section and contain all information, format and data describing and depicting the proposed work and installations as needed to perform a review under this section.

(b)

A state-licensed professional engineer or surveyor certification of the resulting increase in height and width of the structure, and any increase in the size of the equipment compound due to the proposed co-location.

(c)

Prior to issuance of a building permit, the applicant shall submit a state-licensed professional engineer certification of the structural integrity of the support structure, including added and existing loads and foundation.

(d)

A copy of all required building, electrical or other permits as may be required by applicable buildings codes and/or state or federal regulations.

iii.

Demonstrates that the proposed co-location complies with all terms and conditions of the previous final approval of the existing wireless communications support structure and/or equipment compound.

iv.

Demonstrates that the proposed co-location and the site complies with the previously approved maintenance agreement.

v.

Includes the name, address and phone number of the person to contact for engineering, maintenance, emergency and other notice purposes, during and after business hours. This information shall be updated annually by January 31 of each year.

vi.

Demonstrates that the application complies with applicable state laws, federal laws, and Federal Communications Commission regulations.

vii.

Includes a one-time nonrefundable compliance review fee in the amount established by resolution of city council.

2.

Determination of complete application. The application shall be reviewed to determine if it is complete within 14 business days of submittal. The application shall be marked "complete" or "incomplete" with the date reviewed, and if incomplete the building and planning department shall issue a notice in writing or by electronic notification to the applicant that the application is incomplete. The notice shall specify the information necessary to make the application administratively complete. The 14-day review period shall be tolled until the applicant submits to the city a complete application including all information, documents, and fees required. The building and planning department shall review any supplemental submission to determine if the required information is included to make the application administratively complete. If the application remains incomplete, the applicant shall be notified within ten calendar days of submittal of the supplemental information that the application remains incomplete and shall specify the information needed. Second or subsequent notices of incompleteness shall not specify missing information that was not identified in the original notice of incompleteness. The date the application is determined complete shall be marked on the application.

3.

Compliance determination. The building and planning department shall conduct a zoning compliance review of the complete application and all supporting documents to determine if the proposed co-location is a permitted co-location and if it complies with all required criteria, applicable ordinances, and state and federal laws. Upon completion of the compliance review, the building and planning department shall issue a written determination of compliance and notify the applicant in writing of the determination.

4.

Time limit. The time period to complete the compliance review shall not exceed 60 calendar days from the date that the application is filed and may be tolled if the application is incomplete or by mutual agreement. Any tolling of the time period, either due to an incomplete application or by mutual agreement, shall not apply to the 60-day review period. If the determination of compliance is not made within the 60 days, or as tolled, MCL 125.3514 mandates that the application shall be considered approved. The approval shall not become effective until the applicant notifies the city in writing that, including the period of tolling, the time period for review has expired and the application has been deemed approved.

(2)

Co-location requiring approval.

a.

Co-location requiring approval. The co-location of wireless communications facilities which complies with the criteria set forth in subsections (a)(4)a and b of this section, but does not comply with the criteria set forth in subsections (a)(4)c or d of this section, is permitted subject to compliance with all applicable provisions set forth in this subsection (e)(2) of this section, co-location requiring approval. An application requiring approval under this subsection shall be submitted to the building and planning department for review. Unless denial is required as provided in this subsection, co-locations requiring approval under this subsection shall be approved subject to applicable conditions and compliance with applicable regulations set forth in subsection (g) of this section, regulations, and the following requirements.

1.

The proposal will not significantly alter the appearance of the existing structure.

2.

An agreement between the title holder of the property and the antenna provider shall be submitted regarding co-location.

3.

A coverage area map shall be submitted of the area served by the provider's existing wireless communications facilities, along with a map of the same area showing the coverage provided by the addition of any proposed facilities and sufficient documentation to demonstrate the need for the antenna.

4.

Any accessory equipment for the antenna shall be placed inside the structure to which the antenna is attached, or in the rear yard with screening provided so that the equipment is not visible from adjacent properties and public rights-of-way. If location within a structure or rear yard is not feasible, accessory equipment may be located on the facade of an existing building as provided below.

5.

The issuance of applicable building and electrical permits as may be required by applicable building, electrical or construction codes.

b.

Facade of existing buildings. Co-location of wireless communications facilities on the facade of an existing building where permitted shall comply with the following regulations:

1.

The wireless communications facilities shall be designed, constructed, and maintained to be visually and architecturally compatible with the principal building.

2.

The equipment compound shall be designed as a properly screened roof appliance or penthouse, located within the principal building, or located in a ground compound in compliance with applicable regulations.

3.

The wireless communications equipment height shall not extend above the roof of the principal structure unless the antennas and equipment are incorporated as an architectural element and integrated into the overall architecture of the building.

4.

The height of any antenna, equipment, and associated architectural element shall not extend more than ten feet above the maximum height permissible in the underlying zoning district.

c.

Procedure for co-location requiring approval.

1.

Co-location application requirements. A complete application for approval of a proposed co-location shall be made in writing on forms provided by the city and submitted to the planning department in compliance with all of the following:

i.

Is signed by the applicant, the property owner, and the licensed entity intended to be an operator on the wireless communications facility.

ii.

Includes the following documentation:

(a)

A site plan submission prepared in accordance with section 51-21.28, site plan review.

(b)

A state-licensed professional engineer or surveyor certification of the resulting increase in height and width of the structure, and any increase in the size of the equipment compound due to the proposed co-location.

(c)

Propagation studies and modeling information used to develop the studies; a map showing existing and known proposed wireless communication facilities within the city and areas surrounding the borders of the city; and a map showing all properties which meet the search criteria of the provider. Any request for confidentiality of the information provided must be prominently stated on the face of the document.

(d)

Prior to issuance of a building permit, the applicant shall submit a state-licensed professional engineer certification of the structural integrity of the support structure and foundation.

iii.

Demonstrates that the proposed co-location is required to fill a significant gap in service; and that the manner proposed to fill the significant gap in service is the least intrusive method.

iv.

Demonstrates that the proposed co-location will not result in encroachment into a required setback.

v.

Demonstrates that the proposed co-location is architecturally compatible with the structures on-site or will be concealed within the structures on site.

vi.

Demonstrates that the proposed co-location will not interfere with any necessary clear vision area.

vii.

Demonstrates that the proposed co-location will not interfere with any public or private right-of-way and will not be a distraction to motorists.

viii.

Demonstrates compliance with all applicable regulations set forth in subsection (g) of this section, regulations.

ix.

Includes the name, address and phone number of the person to contact for engineering, maintenance, emergency and other notice purposes, during and after business hours. This information shall be updated annually by January 31 of each year.

x.

Includes a maintenance plan and a proposed maintenance agreement to ensure long term, continuous maintenance of all site improvements proposed for the wireless communications facilities.

xi.

Includes a one-time nonrefundable application review fee in the amount established by resolution of city council.

2.

Complete application required. An application shall not be complete unless all required information is included and all documentation is attached.

i.

Review for completeness; notice required. The application shall be reviewed to determine if it is complete within 14 business days of submittal. The application shall be marked "complete" or "incomplete" with the date reviewed, and if incomplete, the building and planning department shall issue a notice in writing or by electronic notification to the applicant that the application is incomplete. The notice shall specify the information necessary to make the application administratively complete. The 14-day review period shall be tolled until the applicant submits to the city a complete application including all information, documents, and fees required. The date the application is determined complete shall be marked on the application.

ii.

Application deemed complete. Pursuant to MCL 125.3514, the application shall be deemed administratively complete if the city fails to notify the applicant of an incomplete application within 14 business days after the city receives the application.

3.

Standards for co-location approval. No co-location shall be approved unless the applicant has demonstrated all of the following:

i.

The proposed co-location is required to fill a significant gap in service, and the manner proposed to fill the significant gap in service is the least intrusive method.

ii.

The proposed wireless communications facility is structurally sound.

iii.

The proposed co-location shall comply with the required yard setbacks for the district.

iv.

The proposed co-location is designed to be architecturally compatible with the structures on site or will be concealed within the structures on-site.

v.

The proposed co-location will not interfere with any necessary clear vision area.

vi.

The proposed co-location will not interfere with any public or private right-of-way.

vii.

The proposed co-location complies with all applicable regulations set forth in subsection (g) of this section, regulations.

viii.

The maintenance plan will ensure long term, continuous maintenance of the site improvements proposed for the wireless communications facilities; and the agreement is signed by the applicant, licensed operator and property owner and is in recordable form.

ix.

The required application fee and all fees for recording the maintenance agreement are paid in full.

x.

The application complies with applicable state laws, federal laws, and Federal Communications Commission regulations.

4.

Decision on application for co-location approval.

i.

Time. An application for approval of a co-location shall be approved or denied within 60 calendar days from the date the application is deemed complete, except that the 60-day time period for approval or denial may be tolled by mutual agreement. If the decision to approve or deny is not made within the 60 days, or as tolled, MCL 125.3514 mandates that the application shall be considered approved. The approval shall not become effective until the applicant notifies the city in writing that, including the period of tolling, the time period for review has expired and the application has been deemed approved.

ii.

Conditional approval. An approval shall be made expressly conditioned upon:

A.

Compliance with all applicable ordinances, state and federal laws before the wireless communications equipment begins operation.

B.

Submission of a state-licensed professional engineer certification of the structural integrity of the support structure and foundation prior to issuance of a building permit.

C.

For structures, equipment or facilities located on city-owned property, approval shall be expressly conditional upon the applicant providing copies of fully executed un-redacted sub-leases or agreements relative to all co-locations.

D.

Issuance of all required building and electrical permits as may be required by applicable building codes and/or state or federal regulations.

All conditions imposed shall be set forth in the written decision.

iii.

Denial. A denial of the application shall be supported by substantial evidence. The substantial evidence supporting the denial shall be specified in writing and made part of the written record, as required by the Federal Telecommunications Act, 47 USC 332(c)(7). The written record shall summarize the proceedings and articulate the reasons for finding that the applicant failed to demonstrate that the request met the standards for co-location approval as set forth above in subsection (e)(2)c.3 of this section.

f.

In writing. The decision approving or denying an application shall be in writing, shall be sent to the applicant by regular mail, and shall be postmarked within 60 days of the date the application is deemed complete. The written reasons for denial shall be provided to the applicant with the written decision.

(f)

New wireless communications support structure; new equipment compound.

(1)

General.

a.

Permitted districts. A new wireless communications support structure or a new equipment compound is a permitted use subject to special land use approval in the zoning districts designated in this ordinance.

b.

Preferred locations. Based on the nature and size of the land use, the ability to design architecturally compatible facilities with the structures on-site, to conceal the facilities within the structures on site, and the ability to provide necessary and adequate clear vision and safe fall zones, use of the following sites where permitted is encouraged for new support structures and equipment compounds:

1.

Municipally-owned property.

2.

State, county, or other government owned property.

3.

Sites containing a public or private school or educational institution.

4.

Public park, golf course, or other large permanent open space area.

5.

Sites containing a religious, or other institution including country clubs, fraternal lodges, civic or social organizations, and community buildings.

c.

Coverage area map. The coverage area map (as defined in section 51-2.02) shall be submitted for review. The coverage area map for the proposed site shall include documentation for a minimum of three antenna heights; the first at the proposed height, the second at a height that is no less than 25 feet lower and the third at no less than 25 feet higher than the proposed height. The applicant shall demonstrate a justification for the proposed structure height and provide an evaluation of the impacts of such alternative designs on coverage and co-location options, which might result in a different height from the proposed height being approved.

d.

Existing locations and co-location. Wherever possible, systems shall locate on existing buildings, structures and existing wireless communication facilities. Further, no new pole or tower shall be permitted unless the applicant demonstrates to the satisfaction of the planning commission that no existing building, structure, facility or alternative technology that does not require the use of towers can accommodate the proposed antenna. The agreement between the property titleholder and the wireless communication facility provider shall be submitted to show that co-location shall be required and that a total of three antenna arrays shall be allowed to co-locate, and shall limit accessory utility buildings on the site to one that shall be designed to accommodate all current, proposed and future providers. If a provider fails to or refuses to permit co-location, said structure and its existing wireless communication systems shall become a nonconforming structure and shall not be altered or expanded in any way. No lattice towers, guy-wired poles or wooden poles shall be permitted.

e.

Site plan. The site plan must address the wireless communication facility plus the existing site development. A condition of any site plan approval shall be that the entire site, and not just the area proposed for the wireless communication facility shall be reviewed so that any necessary improvements to existing nonconforming aspects are modified to bring the site into compliance with this chapter to the fullest practical extent. The site plan shall also be accompanied by a photograph or digital image of the elevation perspective of the tower, including adjacent buildings within 100 feet of the site shown at the same horizontal and vertical scale.

(2)

Special use approval required.

a.

Procedure for a new support structure or equipment compound. An application for a new support structure or for a new equipment compound shall be submitted to the planning commission for review and approval under the special land use process established by ordinance by filing the appropriate application for planning commission approval, including the following:

1.

Payment of fees as indicated in the schedule of fees.

2.

Submission of all other necessary information, including information required by section 51-21.29, special land uses, to allow the planning commission to hold a public hearing on the request and determine compliance with the requirements of the zoning ordinance as provided in this subsection (f)(2).

3.

After receiving approval of the special land use and site plan from the planning commission, the property owner or his agent must file a building permit application for review and approval consistent with the requirements of this section and the state construction code enforced by the city and any other requirement of the building official which shall be a condition of approval.

b.

New support structure or equipment compound application requirements. A complete application for approval of a new support structure or new equipment compound shall be made in writing, and shall include all of the following:

1.

Is signed by the applicant, the property owner, and the licensed entity intended to be an operator on the wireless communications facility.

2.

Includes the following documentation:

i.

Submission of a coverage area map and site plan which meets the requirements of section 51-21.28, site plan review and the additional requirements of this chapter.

ii.

Propagation studies and modeling information used to develop the studies; a map showing existing and known proposed wireless communication facilities within the city and areas surrounding the borders of the city; and a map showing all properties which are identified within the search ring of the applicant. Any request for confidentiality of the information provided must be prominently stated on the face of the document.

iii.

Identifies all alternative sites and demonstrates all efforts made to utilize the alternative sites and explains why each cannot be utilized.

iv.

Certification from a structural professional engineer licensed by the State of Michigan certifying the structural integrity of the support structure and the foundation, and the structure's compliance with the safe fall zone.

v.

A soils report from a geotechnical professional engineer licensed by the State of Michigan. The soils report shall include soil borings and statements confirming the suitability of soil conditions for the proposed wireless communications facility.

3.

Demonstrates that the new support structure is required to fill a significant gap in service; and that the manner proposed to fill the significant gap in service is the least intrusive method.

4.

Demonstrates that the new wireless communications facility will have adequate access to the facility and overall circulation shall be reviewed and approved. An access road that serves only the facility may be constructed of gravel and/or aggregate sufficient to maintain adequate access to the site. The planning commission may require the access to be paved if it determines that paving is needed to satisfy overall circulation needs.

5.

Demonstrates that the new wireless communications facility will not result in encroachment into a required setback.

6.

Demonstrates that the proposed wireless communications facilities are architecturally compatible with the structures on-site, or will be concealed within the structures on-site.

7.

Demonstrates that the proposed wireless communications facility is designed to be aesthetically compatible with the zoning district and land uses in the surrounding neighborhood.

8.

Demonstrates that the proposed new wireless communications facilities will not impact any designated historic property.

9.

Demonstrates that the new wireless communications facilities will not interfere with any public or private right-of-way, comply with the clear vision regulations, and will not be a distraction to motorists.

10.

Demonstrates compliance with all applicable regulations set forth in section 51-21.48, Regulations.

11.

Includes the name, address and phone number of the person to contact for engineering, maintenance, emergency and other notice purposes, during and after business hours. This information shall be updated annually by January 31 of each year.

12.

Includes a maintenance plan, and a proposed maintenance agreement to ensure long-term, continuous maintenance of all site improvements proposed for the wireless communications facilities.

13.

Includes a one-time nonrefundable application review fee in the amount established by resolution of the city board.

i.

Complete application required. An application shall not be complete unless all required information is included and all documentation is attached.

ii.

Review for completeness; notice required. The application shall be reviewed to determine if it is complete within 14 business days of submittal. The application shall be marked "complete" or "incomplete" with the date reviewed, and if incomplete, the planning department shall issue a notice in writing or by electronic notification to the applicant that the application is incomplete, and shall specify the information necessary to make the application administratively complete. The 14-day review period shall be tolled until the applicant submits to the city a complete application including all information, documents, and fees required. The date the application is determined complete shall be marked on the application.

iii.

Application deemed complete. Pursuant to MCL 125.3514, the application shall be deemed administratively complete if the city fails to notify the applicant of an incomplete application within 14 business days after the city receives the application.

iv.

Standards for approval of a new support structure or equipment compound. No application for a new wireless communications support structure or equipment compound shall be approved unless the applicant has demonstrated all of the following:

A.

The proposed new wireless communications facility is needed to fill a significant gap in service.

B.

Alternative sites cannot be utilized to fill the significant gap in service.

C.

A state-licensed professional engineer certified the structural integrity of the support structure and foundation, and compliance with the safe fall zone.

D.

The soil conditions for the support structure are suitable as certified by a geotechnical professional engineer licensed by the state.

E.

The manner in which it proposes to fill the significant gap in service is the least intrusive method.

F.

The proposed new wireless communications facilities will not disturb any area designated as a wetland, woodland or environmental feature; or if the proposed new wireless communications facilities will disturb a wetland, woodland or environmental feature, a use permit has been obtained.

G.

The proposed new wireless communications facility will not encroach into a required setback.

H.

The proposed new wireless communications facilities are designed to be architecturally compatible with the structures on site, or will be concealed within the structures on-site.

I.

The proposed new wireless communications facilities are designed to be aesthetically compatible with the zoning district and land uses in the surrounding neighborhood, and to the extent possible, blend into the visual landscape.

J.

The proposed new wireless communications facilities will not impact any designated historic property.

K.

The proposed new wireless communications facilities will not interfere with any public or private right-of-way, will not be a distraction to motorists and will not interfere with any necessary clear vision area.

L.

The proposed new wireless communications facilities comply with all applicable regulations set forth in subsection (g) of this section, regulations.

M.

The maintenance plan will ensure long-term, continuous maintenance of all site improvements proposed for the wireless communications facilities, and the agreement is signed by the applicant, licensed operator and property owner and is in recordable form.

N.

The required application fee and all fees for recording the maintenance agreement are paid in full.

O.

Prior to issuance of a building permit, the proposed use shall be reviewed and approved in accordance with section 51-21.28, site plan review.

v.

Decision on application for new support structure or equipment compound.

A.

Hearing. A hearing shall be held by the planning commission on the application and public notice of the hearing shall be provided. Due to the time limit for a decision on the application as mandated by MCL 125.3514, the requirement to publish the notice in a newspaper of general circulation shall not apply to an application for a new wireless communications support structure or equipment compound.

B.

Time. An application for approval of a new support structure or an equipment compound shall be approved or denied within 90 calendar days from the date the application is deemed complete, except that the 90-day time period for approval or denial may be tolled by mutual agreement. If the decision to approve or deny is not made within the 90 days, or as tolled, MCL 125.3514 mandates that the application shall be considered approved. The approval shall not become effective until the applicant notifies the city in writing that, including the period of tolling, the time period for review has expired and the application has been deemed approved.

C.

Conditional approval. An approval shall be made expressly conditioned upon:

1)

Issuance of all required building, electrical and construction permits as required by applicable building, electrical and construction codes. Compliance with all applicable ordinances, and state and federal laws before the wireless communications equipment begins operation.

2)

Protection of natural resources as required by state and federal environmental laws and local ordinances.

3)

Disclosure of the nature and extent of the applicant's ownership or lease interest in the property or structure shall be submitted. For structures or facilities located on city-owned property, approval shall be expressly conditional upon the applicant providing copies of fully executed un-redacted sub-leases or agreements relative to all co-locations and the applicant incorporating disclosure provisions in all co-location agreements and/or subleases.

All conditions imposed shall be set forth in the written decision.

D.

Security. The approval shall require security to be posted at the time of receiving the building permit to ensure removal of the facilities and restoration of the site to its original state. The security shall be maintained until the wireless communications facilities are removed. In the event the wireless communications facility is not erected as planned or is removed as required by this chapter, the remaining balance of the cash bond shall be refunded. In the event a wireless communications facility is not removed pursuant to the provisions of this chapter, the security shall be forfeited and applied to the costs of removal and site restoration.

E.

Denial. A denial of the application shall be supported by substantial evidence. The substantial evidence supporting the denial shall be specified in writing and made part of the written record, as required by the Federal Telecommunications Act, 47 USC 332(c)(7). The written record shall summarize the proceedings and articulate the reasons for finding that the applicant failed to demonstrate that the request met the standards for approval as set forth above in subsection (f)(2)b.13.iv of this section

F.

In writing. The decision approving or denying an application shall be in writing, shall be sent to the applicant by regular mail, and shall be postmarked within 90 calendar days of the date the application is deemed complete. The written reasons for denial shall be provided to the applicant with the written decision.

(g)

Regulations. The co-location of wireless communications facilities as permitted by subsection (e)(2) of this section, co-location requiring approval, and all new support structures and new equipment compounds as permitted by this ordinance, shall comply with the following regulations:

(1)

Principal or accessory use. A wireless communications support structure, together with an equipment compound may be a principal or accessory use of property, provided that the proposed use complies with all applicable ordinances, and state and federal laws.

(2)

Design.

a.

Support structure. The design of the support structure shall comply with the following regulations:

1.

The support structure shall be designed to be architecturally compatible with the structures on the site.

2.

All new wireless communication systems shall be designed within the applicable ANSI standards and NEC standards. Metal facilities shall be constructed of (or treated with) corrosion resistant materials. The need for anti-climbing devices and/or other security measures must be addressed and shall be provided if required.

3.

Antennas and metal towers shall be grounded for protection against lightning strikes, and shall comply with all state electrical code requirements, and with all applicable local statues, regulations, and standards.

4.

The support structure shall be designed to be aesthetically compatible with the zoning district and land uses in the surrounding neighborhood, and to the extent possible, blend into the visual landscape. Commercial signs, advertising, and logos, and artificial lighting such as strobe lights (other than lighting or other identification required by the FAA or FCC) shall be prohibited on the facility.

5.

The structure shall be designed and constructed to permit co-location.

6.

The support structure shall be structurally sound as certified by a structural professional engineer licensed by the state. Facilities shall be designed to withstand a uniform wind loading as prescribed in the state construction code or other applicable engineering standard.

7.

The soil conditions for the support structure shall be suitable as certified by a geotechnical professional engineer licensed by the state.

8.

Unobstructed legal access to the support structure shall be provided and maintained and shall comply with all access requirements of the fire department.

9.

All cables and utilities serving the support structure shall be underground.

10.

The support structure shall be designed and constructed in accordance with all applicable building, electrical and construction codes. Facilities shall be self-collapsing, where any collapse will be completely contained within the subject property, and shall comply with all state construction code and electrical code regulations. The applicant shall provide all necessary engineering information, site plans, and drawings to make these determinations with the application. No structure, (other than the associated support building) sidewalk, parking lot or other pedestrian or vehicular traffic area shall be permitted within the self-collapsing or safe fall area.

11.

The wireless communication provider shall provide proof of insurance for liability and property damage of not less than $1,000,000.00.

b.

Equipment compound. The design of the equipment compound shall comply with the following regulations:

1.

The equipment shall be located within a building or otherwise concealed within the support structure.

2.

The equipment compound shall be designed to be architecturally compatible with the structures on the site, or concealed within the buildings or structures on site

3.

The exterior of the equipment compound shall be constructed of decorative face brick or other material compatible with the building materials on site, shall use the same primary and secondary colors of other buildings located on the site, and shall have a gabled roof with decorative shingles or a standing seam metal roof.

4.

The equipment compound shall be designed and constructed to permit co-location for the number of additional providers that the support structure can accommodate.

5.

Unobstructed legal access to the support structure shall be provided and maintained and shall comply with all access requirements of the fire department.

6.

All cables and utilities serving the equipment compound shall be underground.

7.

The equipment compound shall be designed and constructed in accordance with all applicable building, electrical and construction codes.

8.

The equipment compound shall not be used for offices, storage, broadcast studios, signage, advertising or other uses which are not necessary to send or receive transmissions.

(3)

Height.

a.

Support structure. Maximum height of a wireless communication facility shall be 120 feet. A height no greater than 150 feet may be considered by the planning commission where the applicant has sufficiently demonstrated that the additional height will reduce the total number of potential communication facilities in the city. Further, the maximum height shall be the minimum demonstrated to be necessary for reasonable communication by the applicant, including co-location.

b.

Equipment compound. buildings shall be limited to the maximum height permitted for an accessory structure in the zoning district.

(4)

Setbacks and location. No part of any antenna or facility shall project over, or be constructed, located or maintained at any time, permanently or temporarily within any setback area required in the zoning district.

a.

Support structure.

1.

Safe fall zone. A safe fall zone setback shall be provided for support structures as follows: the center of the base of the support structure must be set back from the property line of the site, a minimum distance equal to the height of the support structure, except, the safe fall zone setback does not apply when wireless communications equipment is co-located on an existing building. However, in no case shall any setback be less than the setback that would be required for a primary structure in the zoning district. Except as expressly provided by this chapter, a wireless communication facility must be located a minimum of 500 feet from any property that is zoned or used for residential purposes.

2.

Yard. The facility and all equipment shall be located in the rear yard, in an area of the site where the visual impact to the public is minimized. Alternate locations may be approved by the planning commission upon determining that an alternate location provides better screening of the facility and equipment from public view.

3.

Waterfront property. A support structure shall be set back not less than 1,000 feet from the shoreline of a lake.

4.

On-site residential buildings. A support structure shall be set back from any residential building located on the site, a minimum distance that is equal to the height of the structure.

5.

Certain uses. No support structure shall be located closer than 300 feet to any private, religious, charter, or public elementary school; day care; or senior citizen facility.

6.

Compliance with greatest distance. When there is more than one applicable setback required, the structure and all equipment shall comply with the greatest distance requirement.

7.

Measurement. The minimum required setback distance shall be measured from the center point of the base of the tower in a straight line to the nearest point of the property line requiring the setback.

b.

Equipment compound.

1.

Front yard restrictions. An equipment compound shall not be located in any front yard, or within any required setback, including the required front yard setback for waterfront property.

2.

District requirements. An equipment compound shall comply with the setback standards for a structure/or accessory structure in the zoning district for the parcel.

(5)

Screening and decorative fence. To prevent unauthorized persons from access to the wireless communications facility, all wireless communication facilities, shall be screened from entry by a six-foot-high decorative fence.

(6)

Landscaping. There shall be provided a landscaping screen for the base of the structure and equipment compound. At a minimum, the landscaping shall provide a continuous landscape screen around the entire lease area and shall include a variety of plantings. The planting shall incorporate full size trees, both deciduous and evergreen, large deciduous shrubs, and other low level plantings. Native plantings shall be incorporated whenever possible. Existing on site landscaping and natural vegetation shall be preserved to the maximum extent possible. The applicant shall be required to submit a detailed landscape plan in accordance with section 51-21.28, site plan review.

(7)

Maintenance.

a.

Routine maintenance shall be provided to ensure the continued soundness of the wireless communication system, and to ensure that the site will be kept in a safe condition. Any system that is determined to be unsafe, unlawfully erected or not maintained shall be in violation of this section and chapter. The use of said system shall be discontinued until all violations are corrected, or it shall be immediately removed.

b.

All wireless communications facilities shall be maintained in compliance with an approved maintenance plan and/or agreement.

(h)

Removal.

(1)

All abandoned or unused (as defined in section 51-2.02) wireless communication antennas, equipment, facilities or systems shall be removed within 180 days of the cessation of operations on the site, unless a time extension is approved by the city manager. In the event that a tower is not removed within 180 days of the cessation of operations, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property. Removal of a wireless communication system, in whole or in part, shall require administrative approval from the city, and issuance of any applicable permits.

(2)

It shall be the obligation of the wireless communications provider to inform the building and planning department of any wireless communication system termination or upgrade.

(3)

The city shall require a bond to secure the future removal of any abandoned or unsafe wireless communication system or structure.

(4)

The city may secure the removal of the structure if it is still standing 30 days after the city has sent a notice to the operator stating the need to remove the structure.

(5)

Unused portions of towers located above a manufactured connection shall be removed within 180 days of the time of antenna relocation. The replacement of portions of a tower previously removed shall be subject to a new special land use approval.

(6)

The base of any tower and/or support anchors shall be removed to a point no less than 12 feet below grade. The excavation shall be filled with suitable soil, than covered with topsoil and hydro seeded.

(i)

Enforcement. A violation of any provision or requirement of this section shall be deemed a municipal civil infraction. Additionally, the city may pursue any other legal or equitable remedy in any court of competent jurisdiction to abate or enforce any violation of this section.

(Ord. No. C-267-07, § 3, 1-3-2007; Ord. No. C-321-15, § 3, 6-2-2015; Ord. No. C-342-18, § 2, 1-15-2019)

(a)

Intent and purpose. The intent of this section is to reduce the conflicts that may occur between residential single-family use and private noncommercial shared waterfront use in single-family zoning districts only by setting forth requirements and provisions for administrative approval of limited private, noncommercial shared waterfront dock use and mooring upon single-family residential waterfront lots improved with occupied dwellings by no more than two families on a temporary seasonal basis by enacting regulations and requirements applicable to watercraft docks, docking and watercraft launching and activities related to dock use and mooring of watercraft as a measure to protect the public health, safety and welfare of persons and property within the city. The provisions of this section shall in no way convey, grant, expand, reduce, take, abrogate, impair, alter or modify property interests, easements or restrictive covenants existing upon the effective date of the zoning ordinance codified in this chapter. Vested, permitted property interests, easements or restrictive covenants existing upon the effective date of this ordinance shall be controlling in the event of a conflict with any provision of this section.

(b)

Scope and general limitations.

(1)

Shared waterfront lot dock use and mooring pursuant to this section shall include and be limited to, gratuitous, noncommercial docking/mooring of watercraft upon a single-family residential waterfront lot improved with a principal single-family dwelling by no more than two families on a temporary seasonal basis as authorized and permitted by this section and shall further include:

a.

Seasonal/non-daily watercraft launching and removal; and

b.

Access to docked/moored watercraft.

(2)

This section shall not authorize, permit or apply to waterfront parks, keyhole lake access lots, or other similar uses, or proposed uses, as a means of providing permanent lake access and related riparian uses for multiple families and/or lot owners other than the families and/or lot owners who lawfully dwell upon and/or use a waterfront lot in compliance with all applicable codes and ordinances, including, but not limited to, applicable zoning ordinance use restrictions. Except established, lawful nonconforming uses existing upon the effective date of the ordinance from which this section is derived, waterfront parks, keyhole lake access uses and lots used, or proposed for use, as a means of providing permanent lake access and related riparian uses to multiple families and/or lot owners other than the families and/or lot owners who lawfully dwell upon and/or use a waterfront lot in compliance with all applicable codes and ordinances, including, but not limited to, applicable zoning ordinance use restrictions, shall require review and approval by the planning commission as required by the provisions of the city zoning ordinance and/or a variance or rezoning as appropriate.

(3)

Payment, acceptance or providing any valuable consideration in exchange for any docking, mooring or other lake access privileges pursuant to this section is prohibited.

(4)

Except storage of trailers, vehicles, equipment and items owned by and lawfully stored by the lot owner and/or dwelling occupant, outdoor storage of trailers, equipment, vehicles or other items upon the land of a waterfront lot of another is prohibited.

(5)

This section shall in no way prohibit, limit, restrict or apply to temporary anchoring of occupied watercraft or vessels within any riparian zone or restrict lawful use of surface waters of the city.

(6)

Shared waterfront lot dock use and mooring pursuant to this section shall comply with all requirements of applicable codes and ordinances, including, but not limited to, chapter 50, article IX of this Code.

(c)

Administrative review and approval.

(1)

Shared waterfront lot dock use and mooring pursuant to this section, including sharing of any related accessory structures, shall constitute an accessory use requiring administrative review and approval by the development coordinator, or his designee, pursuant to the requirements and procedures set forth in section 51-21.28(e), as amended.

(2)

Applications under the administrative approval process shall be made by the waterfront lot owner and/or dwelling occupant upon forms furnished by the city and shall include payment of required fees and submission of all information and submittals necessary to permit the development coordinator, or his designee, to determine compliance with the requirements of this section and chapter. In addition to the information and submittals required by section 51-21.28(e)(4), the application shall further include the following:

a.

The name and address of the principle family member requested to share waterfront dock use and mooring with the lot owner and/or family occupying the waterfront lot as a dwelling;

b.

The location, configuration, type, size, number of slips/capacity, dimensions (length, width, height, water depth) of the dock and/or mooring structure sought to be shared and the dimensions, including water frontage, of the lot to be shared;

c.

A description of all watercraft proposed for docking/mooring upon the lot during the season including the total number, registered owner, MC local watercraft registration numbers, type and size of each watercraft;

d.

The location, configuration, type, size, number of slips/capacity, dimensions (length, width, height) of all other docks, mooring structures, or other riparian accessory structures located on the lot

e.

A description and location of all means of egress/access facilities to shared areas/facilities, including, but limited to, vehicular parking for nonresidents utilizing shared facilities.

f.

Documentation that the principle family member requested to share waterfront dock use and mooring identified in subsection (a) of this section has deeded riparian rights in a riparian lot bordering waters of the city requirements for shared waterfront lot dock use and mooring.

(d)

Applications. Applications that are incomplete or would result in a violation of any requirement arising under local codes, ordinances or state law shall be denied. An application for shared waterfront lot dock use and mooring shall be approved upon the development coordinator finding that the requested waterfront lot dock use and mooring as proposed in the applications satisfies all the following:

(1)

All docks, mooring structures and related riparian accessory structures and facilities comply with all applicable code and ordinance requirements, including, but not limited to, applicable use, setback, location and quantity/numerical requirements;

(2)

All watercraft proposed for seasonal docking/mooring at the lot meet state and local registration requirements;

(3)

Shared docking/mooring structures and related facilities will reasonably accommodate the proposed shared use, including, but not limited, all watercraft so as not to present an unreasonable safety hazard or unreasonably interfere with use and enjoyment of neighboring properties;

(4)

Compliance with applicable requirements, limitations, conditions or restrictions set forth in this section and chapter 50, article IX of this Code;

(5)

Compliance with all applicable state law requirements, including, but not limited to, permits required by the state department of natural resources and environment (MDNRE) or other state agencies.

(6)

The lot proposed for shared dock and/or mooring use has a minimum of 40 linear feet of water frontage.

(e)

Expiration, revocation of approval. Approved shared waterfront lot dock use and mooring pursuant to this section shall expire on October 31 of each year. Violation of any requirement, limitation or restriction of this section, or noncompliance with a shared use as proposed in an application, shall constitute grounds for revocation prior to expiration.

(Ord. No. C-287-10, § 10, 1-18-2011)

(a)

Purpose and definitions. This ordinance is adopted for the purpose of promulgating city land use and zoning requirements for medical marijuana facilities and adult use establishments by adopting local land use and zoning application, review and approval criteria in a manner that promotes and protects the public health, safety and welfare, mitigates potential impacts on surrounding properties and persons, and that conforms with the policies and requirements of: 1) Michigan Medical Marihuana Act, MCL 333.26421, et seq. ("MMMA"), and; 2) the Medical Marihuana Establishments Licensing Act, MCL 333.27101, et seq. as amended, and the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq. as amended (collectively "Act" or "Acts"), and; 3) the State Administrative Rules, as amended, adopted pursuant to the Acts ("Rules") and for the further purpose of implementing provisions of the Acts and Rules. In the event of any conflict between any requirement or provision arising under this article and state law, state law shall be controlling regarding any conflicting provisions. By seeking local approval of a marijuana facility or a marihuana establishment under the zoning ordinance, applicants acknowledge and accept that local approval, licensure and regulation of marihuana establishments and marijuana facilities represent a new and evolving area of law that presents entrepreneurial risks and uncertainties regarding the state and local regulatory and licensing process, a risk that the applicant fully acknowledges, accepts and assumes. For purposes of this section, the following definitions shall apply:

Act(s) refer to the Medical Marihuana Establishments Licensing Act, MCL 333.27101, et seq. as amended, and the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq. as amended (collectively "Act" or "Acts").

Department means the state department of licensing and regulatory affairs.

Registered primary caregiver facility means any facility, structure, or parcel used, maintained or occupied by a registered primary caregiver for any caregiver use, facility or activity authorized under the Michigan Medical Marihuana Act, MCL 333.26421, et seq. as amended. Except as expressly provided by this article, requirements and provisions applicable to a "marijuana facility" shall also apply to a "registered primary caregiver facility". Unless required by state law, a "marijuana facility operating license" and compliance with the "Act" or "Rules" shall not be required for a "registered primary caregiver facility", any contrary provision in this article notwithstanding.

Rules means the rules adopted by the department pursuant to the Act, as amended.

(b)

Number and location. A marijuana facility or registered primary caregiver facility shall not be located in any zoning district or upon any property or structure except as expressly provided by this section. The number and placement of marijuana facilities and registered primary caregiver facilities shall comply with zoning district limitations and requirements as follows:

(c)

Conditions. Any land use, site plan or other zoning approval of a marijuana facility granted under any provision of this zoning ordinance shall be deemed conditional upon the timely approval and issuance of the following:

(1)

A state marijuana facility operating license;

(2)

A city marijuana facility operating license;

(3)

A building permit as required by the rules; and

(4)

A certificate of occupancy as required by the rules.

Revocation or denial of a required marijuana facility operating license, building permit or certificate of occupancy shall render any approval of a marijuana facility granted under any provision of this zoning ordinance null and void.

(d)

Approved site plan required. Use of any property or existing structure as a marijuana facility within a C-2 or C-3 zoning district requires administrative review and approval of a site plan by the development coordinator pursuant to section 51-21.28(e)(2). Marijuana facilities within an Industrial zoning district or requiring new construction in any zoning district shall require site plan review and approval by the planning commission as provided in section 51-21.28. Marijuana facilities shall be operated and maintained in compliance with the approved site plan for the facility. Any use of property or a structure without, or in violation of, an approved site plan shall constitute a violation of this zoning ordinance and a nuisance per se subject to abatement by a court of competent jurisdiction.

(e)

Site plan application and review criteria. A site plan and site plan approval application for a marijuana facility shall generally comply with section 51-21.28, site plan review. Except as otherwise provided by this section, a site plan application for a marijuana facility shall be processed in accordance with the administrative review procedures in section 51-21.28(e)(2). by the development coordinator. Marijuana facilities in an Industrial zoning district or requiring new construction in any zoning district shall require site plan review and approval by the planning commission. In addition to the criteria set forth in section 51-21.28, the following shall apply to a site plan/application for a marijuana facility:

(1)

Identification of the type of marijuana facility applied for (e.g., grower, provisioning center, etc.) and a detailed description of all services, products, items, uses, operations or merchandise produced, sold, offered, conducted or provided by the proposed marijuana facility including hours of operation.

(2)

Marijuana facility uses, operations and activities shall comply with the rules and all operating regulations adopted pursuant to section 206 of the Act. A plan for the proposed marijuana facility shall be provided including the following:

a.

Diagram of the marijuana facility, including, but not limited to, its size and dimensions, specifications, physical address, location of common entryways, doorways, passageways, means of public entry or exit, limited access areas within the facility, and indication of the distinct areas or structures at a same location as provided for in rule 24 of the rules;

b.

A floor plan, drawn to scale, showing the layout of the marijuana facility and the principal uses of the floor area depicted therein, including dimensions, maximum storage capabilities, number of rooms, dividing structures, fire walls, entrances and exits and a detailed depiction of where any uses other than marijuana related uses are proposed to occur on the premises;

c.

A detailed description of all marijuana storage facilities and equipment including enclosed, locked facilities, if any, as may be required by the Act. Storage of marijuana shall comply with applicable Rules adopted pursuant to section 206 of the Act;

d.

Means of egress, including, but not limited to, delivery and transfer points;

e.

If the proposed marijuana facility is in a location that contains multiple tenants and any applicable occupancy restrictions;

f.

Description of the products and services to be provided by the marijuana facility, including retail sales of food and/or beverages, if any, and any related accommodations or facilities;

g.

Building structure information including new, pre-existing, freestanding, or fixed. Building type information including commercial, warehouse, industrial, retail, converted property, house, building, mercantile building, pole barn, greenhouse, laboratory or center;

h.

Any proposed outdoor uses or operations related to the facility.

(3)

A description of waste disposal procedures, methods and facilities for marijuana waste products, including, but not limited to, usable and non-usable marijuana. Waste product disposal and storage shall comply with applicable rules adopted pursuant to section 206 of the Act.

(4)

A description of any proposed signs including a detailed depiction of sign language or displays, dimensions, locations, quantity, configuration and illumination. Signs and advertisement/product displays shall comply with applicable provisions of the city's sign ordinance and the rules.

(5)

Signed and dated verification by the property owner, or his duly authorized agent, of the premises where the proposed marijuana facility will be located certifying that the property owner has reviewed and been provided with a complete copy of the application and consents to use and occupancy of the premises as a marijuana facility as described and referenced in the application.

(6)

A detailed description of the proposed security plan for the facility including identification of all proposed security measures, equipment and devises. A security plan shall comply with the rules and security regulations and requirements adopted pursuant to section 206 of the Act. Security plans require review and approval by the chief of police. The chief of police may require review and recommendation of a proposed security plan by an independent consultant with credentialed expertise in the field of site/facility security measures. The cost of an independent review by an independent security consultant shall be paid by the applicant.

(7)

A marijuana facility and/or establishment shall not be located less than 500 feet from a school. For purpose of this ordinance "school" means any public or private school meeting all requirements of the compulsory education laws of the state. A provisioning center or marihuana retailer shall not be located within 500 feet of another city approved (including site plan approval) provisioning center or marihuana retailer.

(8)

All facility operations, transactions and activities, including cultivation, shall be conducted within an enclosed structure. Other than waste disposal, outdoor storage is prohibited.

(9)

An area map, drawn to scale, shall be provided indicating, within a radius of 1,500 feet from the boundaries of the proposed marijuana facility site, the proximity of the site to any school, existing marijuana facility, recreational facility, church, public or private park, or to any residential zone, structure or use.

(10)

A provisioning center or retail establishment may be open to the public daily between the hours of 9:00 a.m. and 9:00 p.m. only.

(11)

Execution, acceptance or delivery by the city of any state departmental form or document shall not constitute, nor be deemed as, city approval of a site plan or other local approval required by the zoning ordinance, or any other applicable provision of any city code, ordinance, rule or regulation, any language contained in any state departmental form or document to the contrary notwithstanding.

(12)

Registered primary caregiver uses, activities and facilities shall comply with all requirements and limitations under the Michigan Medical Marihuana Act, MCL 333.26421, et seq. as amended and all other applicable requirements arising under state law or local ordinance including, without limitation, building code and certificate of occupancy requirements. In addition to the above, the applicant shall provide a business operating plan demonstrating compliance with all applicable state and local requirements, including the following:

a.

Enclosed locked facility requirements for all marijuana plants and products as required by the MMMA;

b.

Possession limitations on the number of marijuana plants and/or quantity of marijuana product allowable under the MMMA;

c.

Access limitations and requirements applicable to marijuana plants, products and areas where marijuana plants or product are grown, stored, processed, displayed or transacted as required by the MMMA;

d.

Limitations, provisions and requirements applicable to the sale, distribution, furnishing, exchange, purchase or transaction of marijuana plants or products as provided by the MMMA;

(f)

City consultant review. The city may, in its discretion, refer an application to any city consultant for review and recommendation. An applicant shall be responsible for payment of any city consultant review fees and the city may require advance payment of a reasonable escrow amount to cover city consultant review fees. The balance of any unused escrow proceeds to cover city consultant review fees shall be refunded to the applicant upon final action and determination on an application.

(g)

Action on application. Upon reviewing the application and all findings and recommendations of the city department heads and consultants, the development coordinator, or planning commission where applicable, shall take action on the application according to the applicable review criteria and procedures in section 51-21.28 and the provisions specific to marijuana facilities as set forth in this zoning ordinance. An application for site plan approval of a marijuana facility that is materially incomplete or would result in a violation of state or local law or the rules shall be denied. Approval of a site plan for a marijuana facility does not guarantee, represent or imply approval of a marijuana facility operating license or any other permit or local approval that may be required by city codes or ordinances for the proposed facility.

(h)

Temporary operation. City council may by resolution provide for temporary operation of a marijuana facility as provided by rule 19 of the rules.

(i)

Additional information gathering. In addition to reviewing information provided in the applicant's application, additional investigations, inspections and/or information gathering may be conducted and undertaken in conjunction with city department head reviews and recommendations. All relevant and available information and evidence may be considered in evaluating an application. The city may request additional information or documentation from an applicant as deemed necessary and appropriate by the city for the purposes of reviewing and taking action on an application. The application, and all other information, documentation and evidence relied upon in taking action on an application shall be made part of the record.

(j)

Documented verification required before approval. A site plan for a marijuana facility shall not be approved until the applicant submits documented verification that the applicant has received either pre-qualification approval by the state bureau of medical marijuana regulation (BMMR) or issuance of a state operating license for the proposed facility. Temporary land use approval may be granted for the proposed facility for not more than 90 days upon the applicant demonstrating that a complete state application for pre-qualification has been submitted to the BMMR. Temporary land use approval does guarantee or represent eligibility for final site plan approval.

(k)

Administrative rules. Administrative rules establishing pre-application eligibility requirements, application review and action procedures, and other implementing procedures may be adopted by resolution of city council for the purposes of further implementing and administering land use procedures and requirements for marijuana facilities. The city shall provide applicants and existing approved facilities with a copy of any administrative rules adopted pursuant to this subsection at no cost. Administrative rules adopted pursuant to this subsection shall be available for public inspection at the city clerk's office. Any administrative rules adopted by the city council at any time shall be binding upon and applicable to all applications reviewed and acted upon subsequent to the adoption and/or amendment of any applicable administrative rules. Applicants shall be afforded a reasonable opportunity to supplement a pending application to satisfy any requirements under city administrative rules adopted subsequent to the filing of an application while action on the application remains pending.

(l)

Site plan approval expiration. A site plan for a marijuana facility approved at any time pursuant to the city's zoning ordinance shall be deemed valid for one year following the date of approval. If no building permit for the approved project is obtained within one year of site plan approval or if no work is commenced within six months after issuance of a building permit, the site plan approval expires and is of no further force or effect, unless extended as provided by section 51-21.28(i) of the zoning chapter.

(m)

Conditional site plan approval. Registered caregivers may apply for site plan approval of a marijuana facility provided any site plan approval for a grower and/or processor facility shall be conditional upon the caregiver canceling caregiver status within five business days of approval of a state operating license. Site plan approval for a grower and/or processor facility shall lapse by operation of law if a caregiver fails to surrender caregiver status as required by the Act. Caregivers receiving site plan approval for a grower and/or processor facility shall submit documented verification of surrender of caregiver status with the city clerk. Registered caregivers and patients are ineligible to apply for site plan approval of a secure transporter facility.

(n)

Residency requirement. The applicant, if an individual, must have been a resident of the State of Michigan for a continuous two-year period immediately preceding the date of filing the application. This requirement does not apply after June 30, 2018.

(o)

Compliance. The applicant must demonstrate compliance with all rules and requirements promulgated under the Act including, without limitation, Rule 21, 24, 25, 27, 36, 42 and section 402 of the Act.

(p)

Notice. The applicant shall be notified in writing of any action, determination, decision or condition on an application for a marijuana facility, including appeal rights provided by this section.

(q)

Appeal. An aggrieved party may appeal any decision, condition or action taken by a city appointive body or official on an application for zoning approval of a marijuana facility as provided in this subsection only. For the limited purposes of hearing and acting upon an appeal under this subsection only, the city council shall act as, and in place of, the zoning board of appeals pursuant to section 601 of the MZEA, any contrary provision in this chapter notwithstanding.

(1)

Upon a concurring vote of a majority of the members, the city council, acting as the zoning of board of appeals, may reveres or affirm, in whole or in part, or modify any decision, determination or condition by a city appointive body or official in acting upon an application for zoning approval of a marijuana facility.

(2)

In hearing and acting upon an appeal under this subsection, the city council, acting as the zoning board of appeals, may grant a variance from any requirement under this chapter in accordance with section 604 of the MZEA so that the spirit of this chapter is observed, public safety secured, and substantial justice done. Upon a showing of practical difficulty, the city council, acting as the zoning board of appeals, may grant a non-use variance from any requirement under this chapter. Upon a showing of unnecessary hardship, the city council, acting as the zoning board of appeals, may grant a use variance from any requirement under this chapter. A use variance requires a vote of two-thirds of the members of the city council, acting as the zoning board of appeals, to approve a use variance. Except as expressly provided by this section, the standards and procedures for review and approval of a variance by the zoning of board of appeals shall apply to an appeal pursuant to this subsection.

(3)

Any member of the city council who voted on an application as an ex officio member of the planning commission shall not participate in a public hearing and shall abstain from voting on an appeal under this subsection concerning the same application.

(4)

Within 30 days of a decision, determination or action by a city appointive body or official on an application for zoning approval of a marijuana facility, an appeal under this subsection may be taken by filing with the body or officer from whom the appeal is taken and with the city clerk, a written notice of appeal specifying the grounds and support for the appeal and further specifying why the aggrieved party believes the decision, determination or condition appealed from was erroneous.

(5)

Upon receipt of a notice of appeal, the body or officer from whom the appeal is taken shall immediately transmit to the city clerk all papers and documents constituting the record upon which the action appealed from was taken. An appeal to the city council, acting as the zoning board of appeals, stays all proceedings in furtherance of the action appealed.

(6)

In hearing an appeal under this subsection, the city council, acting as the zoning board of appeals, shall conduct a public hearing on the matter appealed within a reasonable time following the filing of an appeal. Notice of the public hearing shall be given as required under section 103 of the MZEA. An aggrieved party may appear personally or by agent or attorney.

(7)

Following a public hearing, the city council, acting as the zoning board of appeals, may take action on the matter appealed as provided by this subsection. The decision of the city council, acting as the zoning board of appeals, shall be final subject to any judicial review as may be provided by law.

(8)

The city clerk shall provide an applicant with written notice of the action taken on the appeal by city council, acting as the zoning board of appeals. The city clerk may provide an aggrieved party with written notice of the action taken on the appeal by city council, acting as the zoning board of appeals.

(9)

Prior to hearing and acting on an appeal pursuant to this subsection, the city may require an appellant to deposit $2,500.00 in an escrow account with the city to cover consultant review fees incurred by the city. The balance of any used escrow deposit shall be refunded upon disposition of the appeal.

(r)

Waiver of liability. As a condition to applying for and/or obtaining zoning approval for a marijuana facility or establishment pursuant to this section, the applicant/licensee, by submitting an executed zoning/site plan application form, acknowledges and agrees to release the City of Walled Lake, including all city employees and officials, from any and all liability, claims, damages and causes of action of any kind in any way arising out of the applicant's application and/or any action or disposition by the city on the applicant's application, including, but not limited to, denial of an application requesting site plan approval for a marijuana facility or establishment.

(Ord. No. C-334-17, § 6, 1-16-2018; Ord. No. C-337-18, § 2, 6-19-2018; Ord. No. C-349-20, § 2, 7-21-2020; Ord. No. C-351-20, §§ 2, 3, 7-21-2020; Ord. No. C-357-20, § 3, 2-16-2021; Ord. No. C-369-23, § 2, 8-15-2023)

(a)

Intent and rationale.

(1)

It is the policy of the city, pursuant to the Fair Housing Amendments Act of 1988, the Americans with Disabilities Act and applicable state laws, to provide individuals with disabilities reasonable accommodations (including modifications or exceptions) in the city's zoning, land use and other regulations, rules, policies and practices, to ensure equal access to housing and to facilitate the development of housing for individuals with disabilities, or developers of housing for people with disabilities, flexibility in the application of land use, zoning, building and other regulations, policies, practices and procedures, including waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities to ensure a person with a disability has an equal opportunity to use and enjoy a dwelling.

(2)

This section provides a procedure and criteria for making and acting upon requests for accommodations in land use, zoning, building regulations and other regulations, policies, practices, and procedures of the city to comply fully with the intent and purpose of applicable laws, including federal laws, in making a reasonable accommodation.

(3)

Nothing in this section shall require persons with disabilities or operators of homes for persons with disabilities otherwise acting or operating in accordance with applicable zoning or land use laws or practices to seek a reasonable accommodation under this section. Nothing in this division shall require the city to agree to requested accommodations that are unreasonable including, without limitation, requests for accommodations that are not reasonably required to redress a disability related need.

(b)

Applicability.

(1)

The provisions of this section apply to residential uses that will be used by persons with disabilities.

(2)

The accommodation granted shall be considered personal to the individuals and shall not run with the land. If the structure is sold, or otherwise changes ownership, an accommodation granted to the previous owner is not transferable to the new owner. The accommodation shall otherwise be in force and effect as long as the persons or group of persons with disabilities for whom the accommodation was sought resides on the property that is the subject of the accommodation. It is the duty of the owner to notify the Director of this event. The city shall allow the new owner an opportunity to renew and/or modify a granted reasonable accommodation in accordance with this section. In the event that the reasonable accommodation is not renewed or modified within 60 days from the date of change in ownership, the accommodation will lapse and the structure will have to comply with all requirements of this section.

(3)

Nothing in this section will require the city to expend any funds to achieve a reasonable accommodation except and to the extent required by state or federal law.

(4)

Nothing in this section will alter a person with disabilities' obligation to comply with other applicable federal, state and city regulation including, without limitation, licensing, approval or permitting requirements arising under state law.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Director means the city manager or city manager's designee with authority to administer, implement, or enforce a requirement that is the basis of the request for reasonable accommodation.

Disability or handicap shall have the meaning ascribed by the Fair Housing Amendments Act of 1988, 42 USC 3601 et seq., as amended and is an individual who has a physical or mental impairment that limits one or more of the major life activities of such individual, is regarded as having such impairment, or has a record of such impairment. While a person recovering from substance abuse is considered a person with a disability under 42 USC 3602(h), a person who is actively engaged in substance abuse is not.

Group disability home means a dwelling shared as their principal residence by two or more unrelated handicapped persons (as defined by the FHA, as amended) where a reasonable accommodation is needed as a reasonable means to have an equal opportunity to use and enjoy a dwelling.

Home for disabled means a structure occupied or requested to be occupied as a dwelling by a handicapped persons as defined by the Fair Housing Amendment Act of 1988, as amended (42 USC 3601 et seq. (FHA)), as a reasonable means to have an equal opportunity to use and enjoy a dwelling. Home for Disabled shall not include any state regulated home or facility providing permanent or temporary housing or living arrangements for handicapped persons if state law pre-empts local zoning and land use regulations that would otherwise apply to the state regulated home or facility.

Reasonable accommodation means a change, exception, or adjustment to a city zoning or land use rule, policy, practice or service that:

(1)

Arises out of a disability related need; and

(2)

Is reasonably necessary for a person with a disability or handicap to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces.

Requirement means a provision of this Code or an administrative policy, program or procedure.

(d)

Effect. A reasonable accommodation afforded by the city controls over a conflicting city regulation or requirement. In the event a home or facility for the disabled requires a state license, approval or permit under state law, any reasonable accommodation afforded by the city is conditional upon timely application and issuance of any state license, permit or approval required by state law. A reasonable accommodation afforded by the city shall not prevent, waive, modify or limit enforcement of state law requirements unless modified by the state. In the event a disabled person requires or requests a reasonable accommodation from a state law requirement, the city shall notify the disabled person to seek accommodation through the appropriate state agency.

(e)

Requests for accommodation; application.

(1)

An application for an accommodation may be made by any persons with a disability, his representative, or a developer or provider of housing for persons with disabilities.

(2)

A request for accommodation may be submitted at any time the accommodation may be necessary to afford the person with a disability equal opportunity to use and enjoy the dwelling. A written acknowledgement of the request shall be sent to the applicant within ten days of receipt by the director.

(3)

Requests for an accommodation may include a modification or exception to the rules, standards and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to a dwelling of his choice as provided in this section.

(4)

An individual requesting an accommodation may direct the request to the director orally, which shall be transcribed by the city into writing if requested by the applicant or if it is apparent to a city employee or staff that assistance is needed in filling out the application form (e.g., if the individual is unable to write), or in writing. The individual shall submit an application for a reasonable accommodation using the appropriate city form, to be provided by the city clerk. The city shall assist the applicant with furnishing all information maintained by the city with respect to an accommodation. The applicant shall provide the following:

a.

Name and address of the person or entity requesting accommodation. If the applicant is applying on behalf of a person with a disability, the name and address of the person with a disability shall be provided.

b.

Address of the property for which the accommodation is requested.

c.

Indication of whether that the applicant is:

1.

A person with a disability;

2.

Applying on behalf of a person with a disability; or

3.

A developer or provider of housing for one or more persons with a disability.

(5)

Description of the disability at issue, the requested accommodation, and the specific regulations, policy, practice or procedure for which the accommodation is sought and a description of the disability related need for the requested accommodation. In the event that the specific individuals who are expected to reside at the property are not known to a provider in advance of making the application, the applicant shall not be precluded from filing the application, but shall submit details describing the range of disabilities that prospective residents are expected to have to qualify for the housing.

(6)

Description of whether the specific accommodation requested by the applicant is necessary for the persons with the disability to use and enjoy the dwelling, or is necessary to make the provision of housing for persons with disabilities financially or practically feasible.

(7)

Any other information the director concludes is necessary in order to make the findings required by this section to the extent permissible under applicable local, state and federal law. In most cases, an individual's medical records or detailed information about the nature of a person's disability is not necessary for this inquiry. (See Joint Statement of the Department of Housing and Urban Development and the Department of Justice: Reasonable Accommodations Under the Fair Housing Act #18.)

(8)

Any personal information regarding disability status identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and/or person with a disability and shall not be made available for public inspection unless required by the Michigan Public Information Act. Any information received regarding the disability status identified, including, but not limited to, medical records, will be returned to the applicant within ten days of the decision of the director. The applicant need provide only the information necessary for the city to evaluate the reasonable accommodation request.

(9)

If the person with the disability needs assistance to make a request for accommodation, the clerk will provide assistance, including transcribing a verbal request into a written request.

(10)

The city shall prominently display a notice at the counter in the planning and development department advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this division. A copy of the notice shall be available upon request.

(11)

A fee shall not be required for an application for an accommodation.

(f)

Review authority.

(1)

Upon completion of an application, a request for accommodation shall be reviewed, and a determination made, by the director, using the criteria set forth in this section.

(2)

The director shall issue a written decision on a request for accommodation within 30 calendar days of the date of the application, and may either grant, grant with alterations or conditions, or deny a request for an accommodation in accordance with the required findings set forth in this section.

(3)

If necessary to reach a determination on the request for accommodation, the director may request further information from the applicant consistent with applicable laws, specifying in detail the additional information that is required. Any personal information related to the disability status identified by the applicant as confidential shall be retained in a manner so as to protect the privacy rights of the applicant and shall not be made available for public inspection unless required by the Michigan Public Information Act. Any information received regarding the disability status identified, including, but not limited to, medical records, will be returned to the applicant within ten days of the decision of the director. If a request for additional information is made, the running of the 30 calendar day period to issue a decision is stayed until the applicant responds to the request.

(g)

Criteria. A reasonable accommodation is a case by case determination based on an individualized assessment of each request. The written decision to grant, grant with alterations or conditions, or deny a request for accommodation shall be based on the following factors to the extent they are consistent with applicable laws:

(1)

Whether the request was made by or on behalf of a person with a disability.

(2)

Whether the requested accommodation may be necessary to afford one or more persons with a disability an equal opportunity to use and enjoy a dwelling.

(3)

Whether the requested accommodation would pose an undue financial and administrative burden on the city. The determination of undue financial and administrative burden will be done on a case-by-case basis.

(4)

Whether the requested accommodation would require a fundamental alteration in the nature of a city program or law, including, but not limited to, zoning and land use.

(5)

Whether the use that is the subject of the request for accommodation requires a state license, approval or permit under state law and whether the required state license, approval or permit has been issued, denied or applied for.

(6)

Any additional permissible factors set forth in the Joint Statement of the Department of Housing and Urban Development and the Department of Justice: Reasonable Accommodations Under the Fair Housing Act.

(7)

In making findings, the director may grant with alterations or conditions, reasonable accommodations, if the director determines that the applicant's initial request would impose undue financial and administrative burdens on the city, or fundamentally alter a city program or law, or if the request requires compliance with other applicable state or federal regulations. The alterations or conditions shall provide an equivalent level of benefit to the applicant with respect to:

a.

Enabling the persons with a disability to use and enjoy the dwelling; and

b.

Making the provision of housing for persons with a disability financially or practically feasible.

(h)

Written decision.

(1)

The written decision of the director on an application for an accommodation shall explain in detail the basis of the decision, including the director's findings on the criteria set forth in subsection (g) of this section. All written decisions shall give notice of the applicant's right to appeal and to request assistance in the appeal process as set forth in subsection (i) of this section. The notice of the decision shall be sent to the applicant by certified mail and electronic mail, if the applicant's electronic mail address is known to the city.

(2)

The written decision of the director shall be final unless the applicant files an appeal to the city manager's designee in accordance with subsection (i) of this section. Nothing herein shall prohibit the applicant, or persons on whose behalf a specific application was filed, from reapplying for an accommodation based on additional grounds or changed circumstances. Nor shall this provision be construed to affect in any way the rights of a person to challenge the denial of a request for reasonable accommodation as violating the Fair Housing Act, the ADA or any other applicable state, federal or local law.

(3)

If the director fails to render a written decision on the request for accommodation within the 30 calendar day period established in subsection (f) of this section, the accommodation request shall be deemed granted.

(4)

A request for accommodation stays all proceedings in furtherance of the enforcement of any requirement that is the subject of the request. An accommodation request does not affect an applicant's obligation to comply with other applicable regulations not at issue in the requested accommodation.

(5)

The director shall retain, for the duration of the accommodation and at least five years thereafter, written records of each request and all related records, including the city's responses and decisions.

(i)

Appeals.

(1)

An applicant, or a person on whose behalf an application was filed, may appeal the written decision to deny or grant an accommodation with alterations or conditions or a denial of the accommodation no later than 30 calendar days from the date the decision is mailed.

(2)

An appeal must be in writing (or reduced to writing as provided by subsection (i)(3) of this section and include grounds for appeal. Any personal information related to the disability status identified by the applicant as confidential shall be retained in a manner so as to protect the privacy rights of the applicant and shall not be made available for public inspection unless required by the Michigan Public Information Act. Any information received regarding the disability status identified, including, but not limited to, medical records, will be returned to the applicant within ten days of the final decision.

(3)

If an applicant needs assistance appealing a written decision, the city will provide assistance transcribing a verbal request into a written appeal to ensure that the appeals process is accessible.

(4)

An applicant shall not be required to pay a fee to appeal a written decision.

(5)

An appeal will be decided by the city manager's designee other than the director. In considering an appeal of a decision of the director, the city manager's designee shall consider:

a.

The application requesting the accommodation;

b.

The director's decision;

c.

The applicant's written statement of the grounds of the appeal; and

d.

The provisions of this section, in order to determine whether the director's decision was consistent with applicable fair housing laws and the required findings in subsection (g) of this section.

(6)

If a written decision on the appeal is not rendered within 30 calendar days from the date the appeal is received, the requested accommodation shall be deemed granted.

(7)

The decision of the city manager's designee is final.

(Ord. No. C-341-18, § 4, 1-15-2019)

(a)

Compliance with design standards. All dwellings shall be erected or constructed only if in compliance with the following residential design standards. The zoning administrator shall have the authority to determine if the following requirements are being complied with.

(b)

General requirements.

(1)

Use. All dwellings shall be used only for the purposes permitted in the zoning district in which they are located.

(2)

Code compliance. Dwellings shall be constructed in compliance with applicable state, federal, or local laws or ordinances. Mobile home dwellings shall comply with the most recent regulations specified by the United States Department of Housing and Urban Development, Mobile Home Construction and Safety Standards, 24 CFR 3280, as amended and with the Mobile Home Commission Act, PA 96 of 1987, as amended.

(3)

Utility connections. All dwellings shall be connected to the public sewer and water systems.

(4)

Area and bulk regulations. All dwellings, including any mobile home dwelling unit, shall comply with the minimum floor area requirements specified for the zoning district where the structure is located. Mobile home dwellings shall comply with all regulations normally required for all dwellings in the zoning district in which it is located, unless specifically indicated otherwise herein.

(5)

Foundation. All dwellings shall be firmly attached to permanent foundation constructed on the site in accordance with the building code and shall have a wall of the same perimeter dimensions as the dwelling and constructed of such materials and type as required in the applicable building code for the relevant dwelling type. Mobile home dwellings shall be placed on a permanent foundation to form a complete enclosure under the exterior walls. All foundations shall be constructed in accordance with the adopted building code of the city. A mobile home dwelling shall be securely anchored to its foundation in order to prevent displacement during windstorms. The wheels, tongue and hitch assembly, and other towing appurtenances, shall be removed before attaching a mobile home dwelling to its permanent foundation.

(6)

Elevation widths. All single-family dwellings shall have a minimum width across front, side and rear elevations of 24 feet and comply in all respects with the building code.

(7)

Storage Area. A single-family dwelling shall contain a storage area in a basement located under the dwelling, in an attic area, in closet areas, or in a separately constructed building of equal or of better quality than the principal dwelling. The required storage area shall be equal to ten percent of the square footage of the dwelling or 200 square feet, whichever shall be less.

(8)

Attachments. Dwellings shall contain no additions, rooms, exterior attachments, extensions or other areas which are not constructed with a quality or workmanship equal to the original structure, including permanent attachments to the principal structure and construction of a foundation as required herein.

(9)

Exterior materials. The exterior siding shall consist of materials that are generally acceptable for site-built dwellings in the vicinity, provided that the reflection from the exterior surface shall be no greater than from white semi-gloss exterior enamel and provided further that any exterior is comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction.

(10)

Exterior doors. All single-family, attached single-family and two-family dwellings shall have not less than two exterior doors which shall not be located on the same side of the building with permanently attached porches or decks with steps connected to the door areas where a difference in elevation requires the same.

(11)

Roof pitch. The pitch of the main roof shall have a minimum vertical rise of one foot for each four feet of horizontal run, and the minimum distance from the eaves to the ridge shall be ten feet, except where the specific housing design dictates otherwise (i.e., French provincial, Italianate, and the like). The roof shall be finished with a type of shingle or other material that is commonly used in standard on-site residential construction, including, but not limited to, metal roofing products.

(12)

Roof overhang. Dwellings shall be designed with either a roof overhang of not less than six inches on all sides and with windowsills and roof drainage systems to concentrate roof drainage at collection points along the sides of the dwelling.

(13)

Compatibility with other dwellings. New dwellings shall be aesthetically compatible in design and appearance with other residences in the vicinity. All such dwellings shall be either designed, positioned on a site or provided with front yard landscaping as to prevent monotony in appearance. To assess compatibility, the zoning administrator shall evaluate the dwelling's architectural design and character which shall include, but not be limited to, the position of windows, exterior wall colors and color combinations, type of materials, architectural design elements, architectural style, percentage of materials, and other features of the new structure in relation to these elements of the existing structures within 500 feet.

(14)

Mobile home dwelling regulations. Mobile home dwellings shall only be located in a mobile home park. The foregoing standards shall not apply to a mobile home dwelling located in a licensed mobile home park except to the extent allowed by state or federal law, or otherwise specifically required in the city zoning ordinance pertaining to such parks.

(c)

Application requirements. All applications for a building permit to construct any dwelling shall be required to include building elevation plans in order to determine compliance with the residential design standards.

(Ord. No. C-354-20, § 4, 1-19-2021)