The following are specific regulations and design standards for uses listed in this article, and shall be the minimum governing requirements for the protection of the public health, safety, and general welfare of the community.

(Ord. No. 123, § 19.0, 6-5-89)

(a)

Planned developments are provided herein, by special use permit, in order to allow for some degree of flexibility and innovation in the design of developing areas, as well as to allow for an efficient and aesthetic use of land. Based upon the standards and criteria contained in article XVII, the planning commission may review and recommend, with conditions, a modification in bulk requirements in order to allow certain forms of development containing both privately owned sites and common property, and which are planned collectively as a single unit.

(b)

The planned development section of this article is also provided in order that the growing demand for housing by young married couples, senior citizens and existing residents may be met by a greater variety of innovative housing types, and by the planning and design of structures with the benefit of cost effective land utilization in such development.

(Ord. No. 123, § 19.1, 6-5-89)

In any R-1, R-2, and R-3 district in which single-family detached dwellings are a use permitted by right, the minimum required lot areas for such use, as set forth in the schedule of regulations, may be reduced by an amount not to exceed twenty-five (25) percent; provided that a quantity of land at least equivalent to the total amount deducted from all lots shall be dedicated for open space so that the overall gross density for the entire area shall not exceed that permitted in the applicable zoning district.

(1)

Site eligibility. The minimum area necessary to qualify as a PUD-1 clustered single family residential subdivision shall not be less than two (2) contiguous acres of land.

(2)

Subdivision plans. Any development plan wherein the clustered residential development concept is proposed shall be subject to the provisions for special use permit approval as well as with all of the procedures and provisions set forth in the applicable subdivision and site condominium regulations of the city.

(3)

Standards and considerations. The provisions of section 20-565 shall apply.

(Ord. No. 123, § 19.1, 6-5-89; Ord. No. 184, § 1, 11-3-01)

Developments involving two-family or multiple-family homes or any combination of single-family, two-family or multi-family home styles or a development involving mixed industrial and office uses and limited commercial uses may be approved as a planned unit development. A PUD-2 mixed planned unit development may be considered in any zoning district subject to the following criteria:

(1)

Site eligibility. The minimum area necessary to qualify as a PUD-2 shall not be less than two (2) continuous acres of land; however, an owner of land less than the minimum required area may apply if the subject land is adjacent to a lawfully approved or constructed PUD-2 having uses similar to the one proposed.

(2)

Planned single unit. As a planned single unit, PUD-2's may be constructed in any combination of uses and structures (except mobile homes and principal commercial uses), provided that:

a.

At least twenty-five (25) percent of the total area is reserved for open space and natural drainage. This area may consist of land included as part of the required yard setbacks, roads, greenbelt areas, drainage easements, open space or any recreational amenity; but shall not include any areas used or structures, or off-street parking and loading.

b.

Full compliance with the provisions of this chapter and the tables/schedules contained here shall be met, unless waived by the city council.

(3)

Density, open space. Density and open space requirements for PUD-2's with residential uses:

a.

In addition to part (2) above, if a proposed PUD-2 is residential, wholly or in part, that part of the PUD-2 may not exceed a net residential density of one point five (1.5) times the maximum number of units allowed per acre under conventional single-family lot sizes as shown in the schedule of regulations for that part of the total area. The number of dwelling units shall be rounded to the nearest whole number.

b.

This density is granted, provided that at least twenty-five (25) percent of the total area devoted to residential PUD-2 development is reserved for open space and natural drainage. This area may consist of land included as part of the required yard setback, roads, greenbelt areas, drainage easements, open space or any outdoor recreational amenity; but shall not include any area used for structures, or off-street parking and loading.

(4)

Residential density bonuses. Bonuses in net residential density or that area devoted to residential PUD-2 development are permitted by the planning commission, provided that additional land is reserved and dedicated for open space as follows:

(Ord. No. 123, § 19.13, 6-5-89; Ord. No. 184, § 2, 11-3-01)

Editor's note— Ord. No. 184, § 3, adopted Nov. 3, 2001, repealed section 20-564 in its entirety. Former section 20-564 pertained to the preapplication conference with the planning commission for concept review and derived from Ord. No. 123, § 19.14, adopted June 5, 1989.

In addition to complying with the standards for special use permits, the following special standards for a PUD-1 clustered residential development or a PUD-2 development must be met:

(1)

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

(2)

Utilities. A PUD-1 clustered single family residential development and a PUD-2 mixed development shall have public water and sewer installed by the developer, and must be approved by all state, county, and local agencies (health, conservation, etc.) who are in authority and have jurisdiction. All utilities shall be placed underground.

(3)

Permitted uses.

a.

PUD-1 cluster residential developments. The following uses are considered eligible for consideration within a PUD-1.

(i)

Single family detached homes (excluding mobile homes).

(ii)

Passive and active open space recreation uses.

(iii)

Customary residential accessory buildings.

(iv)

Indoor recreation facilities and meeting halls.

b.

PUD-2 mixed residential developments. The following uses are considered eligible for consideration within PUD-2 mixed residential developments:

(i)

Single-family detached homes (excluding mobile homes).

(ii)

Two-family homes.

(iii)

Single-family attached homes.

(iv)

Multiple-family structures (apartments).

(v)

Day care centers.

(vi)

Active and passive open space recreation uses.

(vii)

Carports.

(viii)

Community buildings and meeting halls.

(ix)

On premises laundry facilities.

(x)

Indoor recreation facilities.

(xi)

Accessory neighborhood personal service and retail establishments serving the PUD only.

c.

PUD-2 mixed industrial/office developments. The following are considered eligible uses for consideration within PUD-2 mixed industrial/office developments.

(i)

Light industrial uses as outlined for the I-2 planned industrial district (Sec. 20-492).

(ii)

Office uses.

(iii)

Day care centers.

(iv)

Municipal buildings.

(v)

Financial institutions.

(vi)

Accessory personal service and retail uses.

(vii)

Active and passive open space recreation uses.

(Ord. No. 123, § 19.15, 6-5-89; Ord. No. 184, § 4, 11-3-01)

Any and all administrative interpretations, decisions, any requirements of the planned development provisions of division 2 of this article may be appealed within thirty (30) days to the zoning board of appeals.

(Ord. No. 123, § 19.16, 6-5-89)

(a)

Pre-application conference. Prior to a formal application for a special use permit for any PUD-1, PUD-2, PERC PUD, or single family conservation subdivision as provided for in sections 20-562, 20-563, 20-571, and 20-573, the applicant shall be required to present and discuss with the planning commission, the initial planned development concepts and the application of such concepts to the land in question.

(b)

Special use permit application. Following the pre-application conference, the applicant may proceed with a formal planned development application under the special use provisions of section 20-127 and section 20-128.

(c)

Public hearing. Prior to making its recommendations regarding the approval, approval with conditions, or the denial to the city council, the planning commission shall hold a public hearing in the same manner as provided under section 20-805. Subsequent to the recommendations of the planning commission and prior to a decision on any final planned development application by the city council, a second public hearing shall be held by city council. The second hearing shall be identified as the body holding the hearing.

(Ord. No. 184, § 5, 11-3-01; Ord. No. 211, § 18, 2-5-07)

Editor's note— Ord. No. 184, § 5, adopted Nov. 3, 2001, repealed section 20-567 in its entirety and replaced it with a new section 20-567. Former section 20-567 pertained to public hearings and derived from Ord. No. 123, § 19.17, adopted June 5, 1989.

Notwithstanding the more generalized applicability of section 20-563, these planned enterprise and residential cluster planned development provisions are intended as an overlay district to apply specifically and only to the areas of the city that are identified on the City of Wayland Land Use Plan under the Planned Enterprise and Residential Cluster (P.E.R.C.) designation. It is the intent of the P.E.R.C. area to promote the development of a blend of moderate to high density residential clusters in close proximity to clusters of office and business uses as well as significant areas of light manufacturing. Reserved and dedicated open spaces consisting of a combination of undisturbed wetlands, modified wetlands and surface waters and greenbelted street and pedestrian corridors are encouraged to define the various use groups. The development of a roadway and utility corridor extending from West Superior Street through the district directly or indirectly southward for interconnection with 133rd Avenue is considered a requirement that must be integrated into the P.E.R.C. development.

(Ord. No. 155, § 4, 7-7-97)

The P.E.R.C. area shall be developed through the special use permit procedure as a planned unit development overlay to certain existing B-l, R-A zoning districts. The granting of a special use permit for a P.E.R.C., P.U.D. is, however, permitted only in those areas designated as Planned Enterprise/Residential Cluster (P.E.R.C.) in the land use plan for the city and which is described specifically as land lying west of the Penn Central Railway, north of a line one thousand three hundred twenty (1320) feet north of 133rd Avenue, and south of a line five hundred (500) feet south of West Superior Street.

(1)

Permitted uses: The following are considered eligible for inclusion in the P.E.R.C. development area.

a.

Single family attached and detached homes (excluding mobile homes).

b.

Two-family homes.

c.

Multi family structures.

d.

Office buildings.

e.

Retail and personal service establishments not involving outdoor display or sales.

f.

Open spaces and active and passive recreation excluding outdoor amusements.

g.

Community buildings and meeting halls.

(2)

Site design standards: Unless modified in writing as part of the approval, each residential and commercial element of the P.E.R.C. district shall be designed under the respective site design standards of the R-2 and B-2 zoning districts. For residential clusters, bonus densities may be granted based on the residential density bonuses contained in section 20-563. Site design and building coverage flexibility in the design and layout of residential and commercial areas may be granted based on the overall quality and comprehensive nature of the proposed site layout and the inclusion of desired support infrastructure, open areas and street system as identified in the Wayland Land Use Plan.

(Ord. No. 155, § 4, 7-7-97)

The procedures for P.E.R.C. pre-application, application and approval shall be as outlined under Article XVIII, Site Design Standards, Division 2, Planned Developments.

(Ord. No. 155, § 4, 7-7-97)

The intent of this section is to promote residential development that results in an enhanced living environment through the conservation of open space and the preservation of natural landscapes. It is intended to encourage innovative and livable housing environments through both permanent reservation of open space and a planned reduction of individual lot area requirements. The provisions of this section are applicable to all RA residential agricultural zoned lands within the city as depicted on the official zoning district map of the city.

(1)

Development requirements: The area (lot size and lot width) requirements of article XVII relative to the RA district may be modified subject to the following provisions:

a.

Area and density standards. The density of any clustered development may exceed by up to ten (10) percent, the density achievable on the subject property under the regular standards for the district as contained in article XVII. In achieving the density increase, the following area requirements shall apply to individual lots and building sites:

1.

Maximum lot size: 17,500 square feet

2.

Minimum lot size: 12,500 square feet

3.

Average lot area lot size: 15,000 square feet

4.

Minimum lot width: 80 feet

b.

Open space standards. The minimum percentage of land that shall be designated as permanent open space, not to be further subdivided, and protected through a conservation easement, dedication to the city or held by a recognized land trust or conservancy, and shall be as specified below:

1.

A minimum of forty-five (45) percent of the total tract area, after deducting the following types of unbuildable land:

(a)

Wetlands and land that is generally inundated (land under ponds, creeks, etc.);

(b)

All of the floodway and floodway fringe within the 100-year floodplain, (as shown on official FEMA maps if available) or otherwise mapped or approximated based upon on-site evaluation;

(c)

Land required for street rights-of-way;

(d)

Land under permanent easement prohibiting future development (including easements for drainage, access and utilities).

The above areas shall be designated as undivided open space, to facilitate easement monitoring and enforcement, and to promote appropriate management by a single entity according to approved land management standards.

2.

All undivided open space and any lot capable of further subdivision shall be restricted from further subdivision through a permanent conservation easement, in a form acceptable to the city and duly recorded in the county register of deeds office.

3.

The purposes for which open space areas are proposed shall be indicated by the applicant.

4.

Storm water management ponds or basins may be included as part of the minimum required open space, as may land within the rights-of-way for underground pipelines. Land within the rights-of-way of high-tension power lines shall not be included as part of the minimum required open space.

c.

Location of open space: Open space shall be comprised of two types of land: "primary conservation areas" and "secondary conservation areas."

1.

Primary conservation areas. This category consists of wetlands, lands that are generally inundated (under ponds, creeks, etc.), and land within the 100-year floodplain. These sensitive lands along with existing street rights-of-way and other unbuildable easement areas are deducted from the total parcel acreage to produce the "adjusted" or "net acreage" on which density shall be based (for both conventional and conservation developments).

2.

Secondary conservation areas. At least forty-five (45) percent of the adjusted or net acreage shall be designated as permanently protected. Full density credit will be allowed for land in this category since it would otherwise be buildable under local, state and federal regulations. Development potential is not reduced by this designation. The density credit may be applied to other unconstrained parts of the site.

Although the locations of primary conservation areas are predetermined by the locations of features such as floodplains, and wetlands, greater latitude exists in the designation of secondary conservation areas. The location of secondary conservation areas are guided by the maps and policies contained in the city's comprehensive plan, and includes all or part of the following kinds of resources: mature woodlands, aquifer recharge areas, significant wildlife habitat areas, sites listed on the state natural resources inventory, historic, archaeological or cultural features listed (or eligible to be listed) on national, state or county registers or inventories, and scenic views into the property from existing public roads. No applicant will be required to designate more than forty-five (45) percent of the adjusted or net acreage as a secondary conservation area.

d.

General standards.

1.

Housing clusters must be designed around both the primary and secondary conservation areas, which together constitute the total required open space.

2.

Primary and secondary conservation areas must be placed in undivided preserves, adjoining housing areas that have been designed more compactly to create larger areas that may be enjoyed equally by all residents of the development.

3.

Open space must be directly accessible to the largest practicable number of lots within the development. Safe and convenient pedestrian access to the open space from all lots not adjoining the open space shall be provided unless the resource areas are vulnerable to trampling damage or human disturbance.

4.

Where the undivided open space is designated as separate noncontiguous parcels, no parcel may consist of less than one (1) acre in area nor have a length-to-width ratio in excess of 4:1, except such areas that are specifically designed as trail links or buffers to wetlands, water bodies or watercourses.

(2)

Density bonus options: A density bonus over the number of dwelling units allowed under the density standards of subsection (1)a. and up to twenty (20) percent over the density achievable under a conventional development layout, may be achieved if one or a combination of the two (2) following options are utilized.

a.

Public dedication of open space. Dedication of land for public use including trails and active recreation areas is encouraged. A density bonus for open space dedicated to the public for such purpose shall be computed on the basis of one (1) lot or building site for each three acres of accessible open space. The decision to accept an applicant's offer to dedicate open space for public access shall be at the discretion of the city council, which shall receive a recommendation from the planning commission and shall consider adopted plans and policies for parks, recreation and open space.

b.

Creation of an open space maintenance fund. The city council may allow a density bonus for the express purpose of generating income or endowment for a permanent open space maintenance fund. For each bonus lot granted a minimum of seventy-five (75) percent of the net selling price of the lot must be donated to an open space endowment fund created for the preserved lands in the development. The fund must be restricted to expenditures of interest and transferred by the developer to the designated entity having ultimate ownership and maintenance responsibilities.

(3)

Review procedures: A conceptual plan must be submitted to the planning commission and city council under the procedures established for special uses under sections 20-127 and 20-128. This is for the purpose of securing preliminary approval of the overall pattern of streets, house lots, primary and secondary conservation areas, and potential trail linkages (where applicable), prior to any significant expenditure on engineering and design costs. Instead of the detailed information required under section 20-119, each conceptual plan shall follow a five-step design process.

a.

Yield plan. An applicant must develop a yield or parallel plan using the applicable conventional zoning standards to determine the otherwise achievable net density. Designated wetlands, floodplains and exclusive easements and necessary road right of way shall not be included in determining net density.

b.

Designating the open space. All potential conservation areas (both primary and secondary) shall be identified. Primary conservation areas shall consist of wetlands, floodplains, and slopes over twenty-five (25) percent. Secondary conservation areas shall comprise forty-five (45) percent of the remaining land, and shall include the most sensitive and noteworthy natural, scenic, and cultural resources on the remaining property based upon the following guidance:

1.

On-site visits;

2.

Information from published data and reports; and

3.

Conversations with existing or recent owners of the property, and members of the city council and planning commission.

c.

Location of homes. Potential housing sites shall be tentatively located. House sites should generally be located more than one hundred (100) feet from primary conservation areas, but may be situated within fifty (50) feet of secondary conservation areas. The building "footprint" of proposed residences may be changed by more than fifty (50) feet in any direction with approval of the planning commission. Changes involving less than fifty (50) feet do not require approval.

d.

Street and lot layout. Lots and streets must be located in a manner that avoids or minimizes adverse impacts on both the primary and secondary conservation areas. To the greatest extent practicable, wetland crossings and streets traversing existing slopes greater than fifteen (15) percent must be avoided. Street connections shall be encouraged to minimize the number of new cul-de-sacs to be maintained by the city and to facilitate easy access to and from homes. The city encourages the creation of single-loaded residential streets, in order that the maximum number of homes in new developments may enjoy views of open space. In situations where more formal, "neo-traditional," or city-type layouts are proposed, steps two and three may be reversed, so that the location of house sites follows the location of streets and squares.

e.

Lot lines. Lot lines shall be drawn. These are generally drawn midway between house locations and may include L-shaped "flag-lots" meeting the city's minimum standards for the same.

(4)

Preliminary engineering review: Prior to approval of the conceptual plan, the applicant must submit to the planning commission a "preliminary engineering certification" that the approximate layout of proposed streets, lots, and open space lands complies or does not comply with the city's general engineering standards for development and subdivision ordinances, particularly those governing the design of subdivision streets and storm water management facilities. This review requirement is meant to provide the city with reasonable assurance that the proposed plan can be accomplished within the current ordinances and regulations of the city. The review, to be completed by the city's engineer at the expense of the applicant shall note any changes necessary or recommended to implement the plan as drawn.

(5)

Effect of approval: Approval of a single-family conservation subdivision development plan shall make the properties proposed for development eligible for additional review and approval in accordance with the approved plan. A development that is not exempted under the state Land Division Act, Act 288 of 1968 as amended, shall be required to undergo subsequent or concurrent review and approvals under site condominium subdivisions (sections 20-130 through 20-150) or the subdivision regulations set forth in chapter 17 of the city Code, as may be applicable.

(Ord. No. 184, § 6, 11-3-01)

Home occupations shall be controlled as follows:

(1)

None other than members of the family shall be engaged in connection with such home occupation at the same time.

(2)

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

(3)

There shall be no change in the outside appearance of the building, no variation from the residential character of the dwelling, and no visible evidence of the conduct of such home occupation.

(4)

No home occupation shall be conducted in any accessory building.

(5)

There shall be no sale of products or services except those customarily incidental to the home occupation.

(6)

The home occupation will not create traffic congestion, parking shortages, or otherwise adversely affect the pedestrian or vehicular circulation of the area.

(7)

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 premises if the occupation is conducted in a single-family dwelling. If conducted in other than a single-family dwelling, such nuisance shall not be detectable outside the dwelling unit. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or cause fluctuations in the line voltage off the premises.

(8)

In particular, a home occupation includes, but is not limited to: beauty shop; art studio; dressmaking; teacher with musical or dancing instruction limited to four (4) to six (6) pupils at a time; author; artist; musician; accountant (one); or similar use; but shall not include animal hospital; automotive repair service; barbershop; restaurant; tearoom; tavern; or similar use.

(9)

A certificate of occupancy which shall specify the home occupation as to use and size is required.

(Ord. No. 123, § 19.2, 6-5-89)

The following site facility and design standards relate to particular uses and are requirements which must be met by those uses in addition to any general regulation or special use standard. In the event of a conflict, the standard in this section 20-601 shall control:

(1)

Hotel, motel, motor court as may be permitted uses in the B-3 district and permitted as special uses in the B-2 and CBD and PERC districts.

a.

Public access to the principal business shall be located so as not to conflict with access to adjacent uses or not adversely affect traffic flow on adjacent streets. No more than two (2) driveway openings from a major thoroughfare shall be permitted.

b.

Each unit of commercial occupancy shall contain a minimum of two hundred fifty (250) square feet of gross floor area.

c.

Where adjacent to a residential district, the screen requirements of section 20-84, shall apply.

(2)

Drive-in/drive-through restaurants as may be allowed only in the B-1 district as a special use and a permitted use in the B-2 district.

a.

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

b.

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

c.

Screening as required in section 20-84 shall be applicable where lot lines abut any residential district.

d.

Sufficient stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the street right-of-way. A minimum of six (6) stacking spaces for the service ordering station shall be provided. Stacking spaces shall be located so as not to interfere with vehicular circulation and egress from the property by vehicles not using the drive-through portion of the facility.

e.

Outdoor speakers for the drive-through facility shall be located in a way that minimizes sound transmission toward neighboring property and uses.

(3)

Child care centers as may be permitted uses in the B-3 district and permitted only as special uses in the B-1, B-2, CBD and I-2 districts.

a.

Child care centers shall be licensed by the state under Act 116 of the Public Acts of 1973.

b.

The center shall only be permitted in a safe environment, free from nuisance conditions which would place children's health or safety at risk. Nuisance conditions might include, but are not limited to, unacceptable exposure to traffic, noise, air contaminants, vibration, explosive materials, or other dangerous commercial or industrial activities.

c.

Site improvements necessary to ensure the health and safety of the children may be required by the city council.

(4)

Bowling alley, indoor skating and similar uses where permitted by right or special use:

a.

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

b.

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

(5)

Open air uses except new and used car sales and rental as permitted uses in the B-3 district, principal special uses in the B-1 and I-1 district and as accessory special uses to a principal indoor use in the B-2 district.

a.

Any business which in whole or in part is to be conducted outside of an enclosed building in the B-1, B-2 or I-1 zoning districts shall require approval by special use permit for that portion of the business to be conducted outside. Excluded from this requirement shall be automobile parking for customers or employees, off-street loading spaces, parking for automobile sales, and signs.

b.

The city council may require complete or partial screening of any goods or materials or products to be stored or displayed outside. In making the determination regarding required screening of outdoor storage, the city council shall consider the impact of such storage on adjacent uses, and also the potential of such storage to become a blighting influence.

c.

The outdoor storage areas may be required to be paved, depending on the type of material or product proposed for storage.

d.

Outdoor storage areas are not permitted within required landscape buffer areas, required parking areas, or in any location that results in conflict with vehicle circulation or parking.

e.

All open-air businesses shall comply with all applicable health department regulations regarding sanitation and general health conditions.

f.

In the case of indoor-outdoor garden centers or nurseries:

1.

The storage of materials display areas shall meet all the yard setback requirements applicable to principal buildings in the district.

2.

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

3.

The storage of any soil, fertilizer, or similar loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon the environment and adjacent properties.

4.

Surface areas on which the activity is to take place shall be reviewed for adequacy of drainage. Such surfaces may be required to be paved.

(6)

Car wash establishments as may be permitted as special uses in the in the B-1, B-2 and CBD districts.

a.

The minimum lot size shall be twenty thousand (20,000) square feet.

b.

All washing activities must be carried on within a building.

c.

Vacuuming activities shall be carried out least fifty (50) feet distant from any adjoining residential use. Automatic car washes involving high velocity blow drying of vehicles shall be located a minimum of five hundred (500) feet from a residential district or use. The exit for such facilities shall be shielded or oriented so that noise levels at the street or property line remain below 65 dBn.

d.

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

e.

All floor drains from wash areas shall be equipped with sand traps before disposal into the sanitary sewer.

f.

Sufficient stacking capacity for vehicles waiting to be washed shall be provided to ensure that traffic does not extend into the street right-of-way, or interferes with vehicular circulation and parking for vehicles not awaiting the car wash.

g.

Car wash facilities may be considered as free standing or accessory uses.

(7)

Housing for the elderly as permitted by special use in the R-4 and R-M districts.

a.

Minimum lot size shall be two (2) acres.

b.

Accessory services in common use may include, but not be limited to, the provision of central dining facilities, indoor and outdoor recreational facilities, lounge areas and workshops.

c.

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

d.

Development of site and structures shall be in accordance with U.S. department of housing and urban development, minimum property standards, multifamily housing, as it applies to housing for the elderly.

e.

Municipal water and sanitary sewer shall be available to the site.

(8)

Automobile disposal, salvage and junkyards as may be allowed as a special use in the I-1 district. For this use, the following more restrictive provisions shall take precedent above all other provisions which may relate to setbacks, screening, etc. All uses shall be established and maintained in accordance with all applicable state statutes. If any of the requirements of this subsection are less restrictive than those in applicable state statutes, the state requirements shall prevail.

a.

The site shall be a minimum of three (3) acres in size.

b.

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

c.

A solid fence or wall at least eight (8) feet in height shall be provided along the setback lines of the entire site in order to screen the site from surrounding property. Such fence or wall shall be of sound construction, painted, or otherwise finished neatly and inconspicuously.

d.

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

e.

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

f.

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

g.

Conditions within the storage area shall be controlled to minimize the hazards of fire and other threats to health and safety.

h.

All portions of the storage area shall be accessible to emergency vehicles.

i.

Any area on which the storage of accumulated hazardous or toxic liquids occurs and any surface used to disassemble or store parts or components containing hazardous or toxic liquids shall be paved with concrete and protected by secondary containment measures. The use of asphalt surfacing in such areas shall be prohibited. All state and federal standards for the protection of groundwater shall be met.

(9)

Bed and breakfast facilities as may be allowed as special uses in the R-A and any residential district.

a.

The minimum lot size shall be ten thousand (10,000) square feet with a minimum frontage of seventy (70) feet on a public street.

b.

An existing residence shall not be converted to more rental rooms than the number of bedrooms which exist at the time of enactment of this amendment.

c.

The minimum size of a rental room shall be one hundred twenty-five (125) square feet.

d.

The minimum size for manager/owner living quarters shall be four hundred fifty (450) square feet.

e.

A common room or area for guest relaxation is required.

f.

For those facilities which are not owner-occupied, a manager must reside on the premises and have an equity interest in the facility.

g.

One (1) off-street parking space shall be provided for each rental room in addition to the two (2) off-street spaces required for single-family dwellings. Parking shall be adequately screened from adjacent residentially developed or zoned property.

h.

Bathrooms must be furnished for guestrooms at a ratio of not less than one (1) bathroom per two (2) rental rooms.

i.

The premises (including corner lots) may be permitted one (1) advertising sign not exceeding six (6) square feet in area.

j.

Approval by the building inspector is required prior to occupancy of the facility. Thereafter, the building inspector shall conduct an annual compliance inspection.

k.

Approval of the county health department is required if other than a continental breakfast is served.

l.

The maximum stay at a bed and breakfast facility shall be thirty (30) continuous days.

m.

A site plan shall be submitted in accordance with section 20-116.

n.

The use of the facility shall not, in the judgment of the city council, be detrimental to adjacent land uses and the immediate neighborhood.

(10)

Reserved.

(11)

Reserved.

(12)

Private clubs and lodges as may be permitted as a special use in the CBD and RO districts.

a.

The lot shall be located so as to abut a collector street, secondary thoroughfare, or major thoroughfare with at least one (1) property line.

b.

Retail sales of food and beverages may be permitted to members and guests only and there shall be no externally visible sign of commercial activity.

c.

The provisions of section 20-84 shall apply.

(13)

Nursing homes as may be allowed as a special use in the RM district.

a.

Minimum lot size shall be three (3) acres.

b.

The main and accessory building shall be set back at least seventy-five (75) feet from all property lines.

c.

The facility shall be designed to provide a minimum of one thousand five hundred (1,500) square feet of open space for every bed used or intended to be used. This open space shall include landscaping and may include off-street parking areas, driveways, required yard setbacks and accessory uses.

d.

The provisions of section 20-84 shall apply.

(14)

Kennels as may be allowed as a special use in the R-A district.

a.

All kennels shall be operated in conformance with all applicable county and state regulations, permits being valid no longer than one (1) year.

b.

For dog kennels, the minimum lot size shall be two (2) acres for the first three (3) dogs and an additional one (1) acre for each three (3) additional animals.

(15)

Hospitals as may be permitted as a special use in the B-1 or R-A district.

a.

Minimum lot area shall be twenty (20) acres.

b.

The lot location shall be such that at least one (1) property line abuts a major thoroughfare. The ingress and egress for off-street parking facilities for guests and patients shall be directly from the major thoroughfare.

c.

Minimum main and accessory building setback shall be one hundred (100) feet.

d.

Ambulance and emergency entrance areas shall be visually screened from the view of adjacent residential uses by a structure or by a masonry wall of six (6) feet or more in height.

e.

No power plant or laundry shall be located nearer than three hundred (300) feet to any adjacent residential use.

(16)

Gasoline service stations and filling stations as may be permitted as special uses in the B-1, B-2 and CBD districts.

a.

Minimum lot area shall be fifteen thousand (15,000) sq. ft.

b.

Minimum lot width shall be one hundred (100).

c.

All buildings, structures and equipment shall be located not less than forty (40) feet from any right-of-way line and not less than twenty five (25) feet from any side or rear lot line abutting residentially used property.

d.

Ingress and egress drives shall not be more than thirty (30) feet wide.

e.

No drive or curb opening shall be located nearer than seventy five (75) feet to any intersection or adjacent residential property line. No drive shall be located nearer than fifty (50) feet, as measured along the property line, to any other drive on the premises. Curb cuts shall not be permitted where it may produce a safety hazard to adjacent pedestrian or vehicular traffic.

f.

A raised curb of six (6) inches in height shall be constructed along the perimeter of all paved and landscaped areas.

g.

The entire lot, excluding the area occupied by a building, shall be hard-surfaced with concrete or bituminous material, except desirable landscaped areas.

h.

All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All gasoline pumps shall be located not less than twenty five (25) feet from any lot line, and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any public sidewalks, street or right-of-way.

i.

When adjoining residentially used or zoned property an affective vegetative screen or screening fence or wall shall be erected and maintained along the common interior lot line, or if separated by an alley, then along the alley lot line. All walls and fences shall be protected by a fixed curb or similar barrier to prevent contact by vehicles. Such walls may be eliminated or gradually stepped down in height within twenty five (25) feet of any right-of-way line, subject to approval by the city council.

j.

All outside storage areas for trash, used tires, auto parts and similar items shall be enclosed by a five-foot masonry wall and shall comply with requirements for location of accessory buildings. Outside storage or parking of disabled, wrecked, or partially dismantled vehicles for any overnight period shall not exceed more than two (2) vehicles awaiting repairs for each indoor repair stall located within the premises and in no event shall the outdoor storage or parking of any such vehicle be permitted for a period exceeding five (5) days.

k.

The sale or rental of new or used cars, trucks, trailers, and any other vehicles on the premises shall be permitted only by approval of the city council under such terms and conditions as may be imposed by the council to ensure adequate ingress and egress from such property and to ensure adequate traffic safety.

l.

All exterior lighting, including signs, shall be erected and hooded so as to shield the glare of such lights from view by adjacent properties.

(17)

Natural gas extraction as may be authorized as a special use in the R-A or I districts. Facilities or plants designed for the removal of sulfur compounds from natural gas extracted from oil and gas wells shall be subject to the following conditions:

a.

A sweetening plant shall be isolated from existing residential, commercial, and manufacturing establishments; wetlands; and surface water; by a minimum of one thousand three hundred (1,300) feet.

b.

Placement of a sweetening plant shall be so that no subdivisions, apartment buildings, residential developments, mobile home parks, or other land uses that result in a dense population; and no residential uses whose occupants are relatively immobile and which are difficult to quickly and efficiently evacuate, such as hospitals, nursing homes, residential care facilities are within two thousand six hundred (2,600) feet.

c.

The maximum density of sweetening plants shall not be more than one (1) per square mile section of land. A sweetening plant shall not be within four (4) miles of another sweetening plant and shall be designed to service all oil and gas wells anticipated that are expected to need such service within a two-mile radius. The city council may act to waive the density standard given here if upon documentation by the application:

1.

An existing sweetening plant located within the same section of land or within two (2) miles is being operated at capacity and cannot be feasibly expanded;

2.

Cannot be expanded or modified to accept oil or gas from the applicant's wells; and

3.

The owners of the existing sweetening plant refuse, after reasonable offers and negotiations of terms have been made, to share a sweetening plant to service the applicant's wells.

d.

The applicant for a sweetening plant shall hold an interest ownership in the parcel of land, or lifetime lease for use of the parcel of land, on which the sweetening plant is to be situated.

e.

The sweetening plant shall be screened from view from nearby roads, residents, and commercial establishments by vegetation, berming or both. These should be placed near the property boundary of the parcel of land the sweetening plant is located on so the perimeter road and equipment are within the vegetation/berm and adequate air circulation through the sweetening plant site is provided for. Lights installed to illuminate the site shall be shaded or screened by the vegetation/berm or by apparatus on the light so it is not visible beyond the parcel boundary. The sweetening plant shall comply with all applicable setbacks in this chapter. The sweetening plant shall be made secure so pedestrians and unauthorized persons cannot gain access to the site.

f.

Emissions or effluent from the sweetening plant shall meet or exceed all applicable state and federal air pollution, surface water, and groundwater quality standards. A sweetening plant shall be fitted with a warning siren audible for one (1) mile in all directions on a calm (windless) day which is triggered to sound when concentrations of hydrogen sulfide exceeds two hundred (200) parts per million within the plant site. The siren shall be periodically tested on a regular basis during the life of the plant. Sulfur, once separated from natural gas, shall not be incinerated. Technology which chemically changes the sulfur to its elemental form (or some form for resale) or more advanced technology approved by the city council shall be used.

g.

All solid waste from the site shall be transported by a state-licensed hauler to a licensed type I or type II landfill. No brine pits or other earthen pits shall be allowed as part of the plant, except for inground pits utilized for backup emergency purposes. Steel tanks shall be used instead.

h.

Odor from the sweetening plant shall not be detectable by normal human senses under normal operational circumstances at a distance of one thousand three hundred (1,300) feet from a sweetening plant.

i.

Noise shall not be over ninety (90) decibels at a distance of one thousand three hundred (1,300) feet from a sweetening plant.

j.

A pollution incident prevention plan must be filed as part of the special use permit application and be approved by the following:

1.

City fire chief;

2.

County emergency services coordinator;

3.

State police fire marshal;

4.

DEQ geological survey division;

5.

DEQ air quality division;

6.

DEQ groundwater quality division.

Inasmuch as it deals with fire, evacuation of the community, communications and warnings of incidents, and a mechanism whereby the owner/operator works with the city fire department and the county emergency services coordinator for periodic updating of the plan. Costs of an evacuation, fire, etc., shall be the responsibility of the owner/operator of the establishment.

k.

The application for a special use permit for the proposed sweetening plant shall include letters showing one (1) of the following:

1.

Approval or tentative approval by the state DEQ, soil erosion and sedimentation control agency and any other applicable agencies where approval is required.

2.

Letters of understanding for concurrent approval by the city council and the state department of natural resources, soil erosion and sedimentation control agency, and any other applicable agencies where approval is required.

Receiving DEQ approval, or other agency approval, in no way obligates the city council to grant approval unless all standards in this subsection and all general standards of this chapter are found by the city council to be complied with. Site plans, design plans and other documents submitted as part of the special use permit application shall show any changes or modifications required for any applicable regulatory agencies' approvals. Site plan or design plan changes required after the city council issues a special use permit shall also be changed in accordance with procedures established in this chapter for minor adjustments or amendments to site plans.

l.

Upon review of the special use permit application, city council, may require an environmental assessment, environmental impact statement and/or fiscal impact study to obtain additional information needed to make a determination of compliance with the standards, requirements and purposes of this chapter.

m.

Upon review of the special use permit application, the city council may require upgrading of roads from the sweetening plant to the closest road already constructed to adequately service anticipated traffic. Upon mutual agreement between the city council and applicant, upgrading of roads to a more distant road already constructed to adequately service anticipated traffic may be required. The cost of upgrading of roads shall be the responsibility of the applicant unless a cost-sharing agreement is mutually agreed to between the applicant, the city and the county road commission.

n.

The application for a sweetening plant shall include information as to the:

1.

Maximum expected life of the operation of the establishment, if such an estimate is possible;

2.

A reclamation plan that includes disassembling the sweetening plant and returning the condition of the land to its original state, or other condition acceptable for future use, when the establishment's useful life has ended; and

3.

Costs for the reclamation in the year it is anticipated the reclamation would take place.

o.

Prior to issuing a sweetening plant special use permit, a surety is presented to the city clerk for any required improvements, including but not limited to roads, buffers, screening, shading of lights, evacuation and reclamation.

(18)

Gravel mining, gravel processing, earth removal, quarrying and related mineral extraction businesses as may be permitted as a special use in the R-A district.

a.

Location.

1.

All such operations shall be located on a major thoroughfare for ingress and egress thereto or on a road which does not create traffic through an area developed primarily for residential purposes. Where necessary, the applicant maybe required to construct or improve a road to accommodate the truck travel necessitated by the operations as a condition to such operations and for the purpose of routing traffic around residential areas and preventing the breaking up of existing roads which are not all-weather roads.

2.

Sufficient setbacks shall be provided from all property lines and public highways to assure adequate lateral support for adjacent public and private property. No such excavation operations shall be permitted closer than fifty (50) feet to interior boundary lines of the property, or such larger setback as may be required by the city council to adequately protect adjoining properties; however, if the adjoining property is also used for mining and excavation operation then the city council may reduce or eliminate the required setback from that interior boundary line. In addition, such setback may be temporarily reduced to fifty (50) feet if reclamation of the land is promptly effected to increase the setback to al least one hundred fifty (150) feet in accordance with.

3.

The reclamation plan approved by the city council, and adequate lateral support as set forth is at all times maintained.

4.

No such excavation operation shall be permitted within fifty (50) feet of adjoining public rights-of-way except from the lowering of land adjoining the rights-of-way to the grade level of the rights-of-way. Such excavation businesses shall at no time be permitted where adequate lateral support for the maintenance of adjoining lands is not maintained.

5.

The permanent processing plant and its accessory structure shall not be located closer than two hundred fifty (250) feet from the interior property lines and adjoining public rights-of-way and shall, where practicable, be located at a lower level than the surrounding terrain to lessen visual and noise impact. In addition, the foregoing shall apply to the digging or excavating apparatus and to the stockpiling or loading of materials and to the location of transportation equipment.

6.

No such excavation operation shall be located within one hundred (100) feet of the banks of any stream or waterway unless previously approved, in writing, by the state water resources commission or such other state commission having jurisdiction thereof. No such mining operations shall interfere with the natural established flow of surface waters to the detriment or damage of adjoining public or private properties.

b.

Sight barriers.

1.

Sight barriers shall be provided along all boundaries of the site, which lack natural screening conditions through existing contours or evergreen growth. Such barriers shall consist of one (1) or more of the following:

i.

Earth berms constructed to a height of six (6) feet above the mean elevation of the centerline of the adjacent public highway of six (6) feet above the general level of terrain along interior property lines, as the case may be. Such berms shall have slopes that are not in excess of one (1) foot vertical to three (3) feet horizontal and shall be planted with grass, trees, or shrubs.

ii.

Plantings or evergreen trees or shrubbery in rows parallel to the boundaries of the property not less than four (4) feet in height at the time of planting and which grow to not less than six (6) feet in height at maturity and sufficiently spaced to provide effective sight barriers within six (6) feet in height.

iii.

Masonry walls or attractive solid fences made of uniform new materials constructed to a height of not less than six (6) feet and maintained in good repair.

c.

Nuisance abatement.

1.

Noise and vibration shall be minimized in their effect upon adjacent properties by the utilization of modern equipment designed to accomplish such minimization and by the proper use of berms, walls, and natural planting screens. All equipment shall be maintained and operated in such a manner so as to eliminate, as far as practicable, excessive noise and vibrations which are not necessary in the operation of such equipment.

2.

Air pollution in the form of dust and dirt shall also be kept to a minimum by the use of modern equipment and methods of operation designed to avoid any excessive dust or dirt or other air pollution injurious or substantially annoying to adjoining property owners. Interior and adjoining roads used in the operations shall have their surface treated to minimize any such nuisance.

3.

Hours. The operation shall be restricted to the hours of 7:00 a.m. until 7:00 p.m. and no operations shall be allowed on Sundays.

4.

Fencing. All dangerous excavations, pits, pond areas, banks or slopes shall be fenced and posted with signs around the perimeter thereof and maintained to prevent injury to children or others, and shall be eliminated as expeditiously as possible.

d.

Reclamation of mined areas.

1.

Reclamation and rehabilitation of mined areas shall be accomplished as soon as practicable following the mining or excavation of an area. Rehabilitation and reclamation shall be commenced immediately upon the termination of the mining or excavation operations in any area consisting of one (1) acre or more. Substantial completion of reclamation and rehabilitation shall be effected within one (1) year after termination of mining or excavation activity. Inactivity for a twelve-month consecutive period shall constitute, for this purpose, termination of mining activity.

2.

The following standards shall control reclamation and rehabilitation:

i.

All excavation shall be either to a water producing depth of not less than five (5) feet below the average summer level of water in the excavation, or shall be graded or backfilled with nonnoxious, noninflammable and noncombustible solids to ensure:

(aa)

That the excavated area shall not collect stagnant water and not permit the same to remain therein; or

(bb)

That the surface of such area which is not permanently submerged is graded or backfilled as necessary to produce a gently rolling surface that will minimize wind and water erosion and which will be generally compatible with the adjoining land area.

ii.

The banks of all excavations shall be sloped to the waterline in a water-producing excavation and to the pit floor in a dry operation, at a slope which shall not be steeper than one (1) foot vertical to three (3) feet horizontal.

iii.

Topsoil of a quality equal to that occurring naturally in the area shall be replaced on excavated areas not covered by water except where streets, beaches, or other planned improvements are to be completed within a one-year period. Where used, topsoil shall be applied to a minimum depth of four (4) inches sufficient to support vegetation.

iv.

Vegetation shall be restored by the appropriate seeding of grasses or the planting of trees and shrubs to establish a permanent vegetation cover on the land surface and to minimize erosion.

v.

Upon cessation of mining operations by abandonment or otherwise, the operating company, within a reasonable period of time not to exceed twelve (12) months thereafter, shall remove all plant structures, foundations, buildings, stockpiles and equipment, provided that buildings and structures which have a function under the reclamation plan and which can be lawfully used under the requirements of the zoning district in which they will be located under such plan, may be retained.

3.

A performance bond or cash shall be furnished the city clerk insuring the proper rehabilitation and reclamation of the mined and excavated operations. The amount of the guarantee shall be not less than three thousand dollars ($3,000.00) per acre proposed to be mined or excavated in the following twelve-month period and which has previously been mined or excavated during any preceding period and not reclaimed and rehabilitated in accordance with this chapter and the applicant's filed plan. Mined areas resulting in a water depth of five (5) feet or more shall be deemed to be reclaimed areas to within fifteen (15) feet of any vertical shoreline thereon and to the extent of the shoreline where the same has been sloped to a grade of not more than one (1) vertical to three (3) horizontal for the purpose of this financial guarantee. Such financial guarantee shall be reviewed annually, on or about the anniversary date of the excavation permit, for adjustment and compliance with the foregoing requirements by the building inspector and the city council. In no event shall such financial guarantee be less than three thousand dollars ($3,000.00) in amount.

e.

Submission of operational and reclamation plans.

1.

No earth removal, quarrying, gravel processing, mining and related mineral extraction businesses shall be allowed or commenced until a plan has been submitted to the planning commission disclosing compliance with all of the provisions of this chapter or the manner in which compliance will be secured by the applicant. Such plans shall include, among other things, the following:

i.

A contour map of the tract of land involved in the operations, including dimensions of the same, access thereto abutting public streets and whether or not the same are all-weather roads, additional road, if any, to be constructed and the location and nature of abutting improvements on adjoining property.

ii.

The number of acres and the location of the same proposed to be operated upon within the following 12-month period after commencement of operations.

iii.

The type of mining or processing proposed to be conducted and the nature of the equipment to be used.

iv.

The location of the principal processing plant and the distance of any proposed excavation or mining from the boundaries of the site.

v.

Soil boring tests shall be made around the perimeter of the excavation site in the event excavation or activities are to be conducted closer than one hundred fifty (150) feet from the boundaries of the site. The soil boring tests shall disclose conditions satisfactory for lateral support of adjacent premises as determined by the city engineer. The written consent of the owners of adjoining premises and of the city council shall be required if mining operations shall be closer than specified in this chapter to the boundaries of the site.

vi.

A map or plan disclosing the final grades and elevations to be established following the completion of the mining operations including the proposed uses then contemplated for the land, future lakes and roads and such other matters as may evidence the bona fide nature of the reclamation and rehabilitation plans and the fact that the land will not be devastated and rendered unusable by the proposed mining activities.

f.

Hearing.

1.

After receiving the application for an earth removal, quarrying, gravel processing, mining and related mineral extraction business accompanied by the required plans and specifications and permit fee, the city council shall hold a public hearing upon such application preceded by the notices required for special uses.

2.

Opportunity shall be given to all present to be heard at such hearing.

3.

Following such hearing, the city council shall approve or deny the application and set forth its reasons for its decision. Such decision shall be based upon the criteria set forth in this chapter and shall be based, in addition, on a consideration of the following:

i.

The most advantageous use of the land, resources and property.

ii.

The character of the area in question and its peculiar suitability, if any, for particular uses.

iii.

Conservation of property, as well as natural resources, and the general and appropriate trend and character of development in the subject area.

iv.

The protection and preservation of the general health, safety and welfare of the city.

v.

The scarcity or value of the minerals sought to be mined as compared with the effect upon the adjacent community of the proposed operations.

vi.

Whether or not the operations were previously in existence prior to the adoption of the text provision concerning the same and the extent and character of such previous operations.

vii.

In making its decision, the city council shall have the right and authority to require such additional conditions and safeguards as it deems necessary for the protection of the health safety and general welfare of the neighborhood and of the adjoining residents and property owners. The operator shall be required to pay an annual fee to cover the cost of inspections and additional meetings of the planning commission and city council as may be established by the city council.

4.

After having received a recommendation from the city planning commission, and holding the public hearing, the city council shall approve, approve with conditions, or deny the application within sixty (60) days.

g.

Liability insurance. All operators shall be required to carry personal injury and property damage insurance while any unreclaimed or unrehabilitated area exists, in the amount of not less than one hundred thousand dollars ($100,000.00) for each person or property injured or damaged and not less than three hundred thousand dollars ($300,000.00) for injury or damage to more than one (1) person or one (1) person's property arising out of one (1) occurrence. Such insurance shall cover injury or damage occurring upon the site of the operations as well as upon properties adjoining thereto as a result of conditions or activities existing upon the site. A copy of the policy shall be filed with the city clerk.

h.

Variances. The zoning board of appeals shall have the right and authority to grant variances from the foregoing conditions and limitations where particular circumstances or hardship may exist, the spirit and intent of the provisions to protect the neighborhood from devastation are still complied with and substantial justice would thereby be affected.

(19)

Churches as may be permitted as special uses in any zoning district.

a.

Minimum lot width shall be one hundred and fifty (150) feet.

b.

Minimum lot area shall be two (2) acres.

c.

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

d.

The lot location shall be such that access is derived from a collector street, secondary thoroughfare, or major thoroughfare.

e.

Off-street parking shall be prohibited within the required front yard setback area.

f.

If the capacity of the main sanctuary or assembly area exceeds three hundred persons, a traffic impact study shall be required to be submitted by the applicant which describes the existing capacity of adjacent and nearby streets providing access to the site and the projected volumes and impacts on traffic operations that the proposal will have.

(20)

Veterinary hospitals and clinics as permitted by right in the I-1 district and by special use in the B-1 and B-2 district.

a.

All pens and animal runs shall be located within a totally enclosed building.

(21)

Group day care homes as may be permitted as special uses in the residential districts.

a.

Group day care homes shall be licensed by the state under Act 116 of the Public Acts of 1973, as amended.

b.

The premises and adjacent property shall be free from nuisance conditions which would place children's health or safety at risk. Nuisance conditions might include, but are not limited to, unacceptable exposure to traffic, noise, air contaminants, vibration, explosive materials, or other dangerous commercial or industrial activities.

c.

Site improvements may be required to ensure the health and safety of the children while on site.

d.

The operation shall not cause a basic change in the residential character of the neighborhood in which it is to be located, nor shall it result in any nuisance conditions to residents of the neighborhood in which it is to be located.

e.

In determining whether potential for a nuisance conditions exists, the following factors shall be evaluated:

1.

Traffic volumes to be generated once the group day care home is in operation;

2.

Adequacy of parking or drop-off sites; and

3.

Presence of other group day care homes or similar uses in the immediate are, and any complaints on record regarding the same uses. If there are existing group day care homes or similar uses already located in the neighborhood where the group day care home is proposed, both the individual and collective impacts of these facilities shall be evaluated in making a determination of a nuisance condition.

(22)

Lumberyards, retail building supply stores as permitted uses in the B-3 district, as allowed as special uses in the B-1, B-2, and I-1 districts and when allowed as special uses in the I-2 district when located on property having direct frontage on U.S. 131.

a.

A six (6) foot fence or wall may be required to be constructed along the rear and/or sides of the lot to keep trash, paper, and other debris from blowing off the premises.

b.

The storage or materials display areas shall meet all the yard setback requirements applicable to principal buildings in the district and shall not extend into vehicle parking areas.

c.

Adequate material loading areas shall be provided on site and shall not disrupt on site circulation or street traffic.

(23)

Public museums and art galleries, as may be permitted as special uses in the B-1, B-2 and CBD and R-1 and R-2 districts.

a.

The size, character, and nature of the building.

b.

The proximity and scale of proposed structures to adjoining properties.

c.

The location and adequacy off-street parking which is to be provided for the use.

d.

The potential traffic congestion and hazards which will be caused by the use.

e.

The degree with which the use harmonizes, blends with, and enhances adjoining properties and the surrounding uses.

(24)

New and used car, boat and RV sales and rentals as may be permitted uses in the B-3 district and permitted as special uses in the B-1, B-2 and CBD districts.

a.

The display of new, used or rental cars, boat or RV shall not be carried out within any required buffer yard green strip area.

b.

All outdoor vehicle display areas shall be of an improved concrete or bituminous paved surface.

c.

Vehicle display or storage shall not be carried out within areas required for visitor, employee, or service parking.

d.

Sufficient on-site loading area shall be provided so that street traffic is not disrupted by the loading and unloading of vehicle transports.

(25)

Outdoor auctions. The establishment of temporary outdoor auction yards for the sale of private merchandise may be permitted in the I-1, I-2 and B-3 districts upon the approval of the city manager subject to the following standards:

a.

The use shall be temporary in nature. The number of consecutive days over which any single event may extend will be limited to three (3). The frequency of the events in the same location and the timing of such events with respect to one another shall be limited to two (2) per calendar year and each event shall be separated by at least sixty (60) calendar days. When authorizing the activity the city manager shall specify the number of days the event may last. No event shall extend beyond 10:00 p.m. and no event shall be open to the public before 9:00 a.m.

b.

A sketch plan of the event area depicting property lines, street lines and all parking, sanitation areas, portable structures and activities associated with the event shall be submitted as part of the application. The property owner, if different than the applicant, shall provide written consent to the use of the property and to the conditions of approval imposed by the city.

c.

The auction operator shall possess all applicable state permits applicable to the conduct of an auction.

d.

The parking or storage of equipment, vehicles, merchandise or material or any other item to be sold at the site may not occur more than ten (10) days in advance of an event date.

e.

All activities shall comply with all applicable health department regulations regarding food preparation and distribution, sanitation and general health conditions. Adequate temporary sanitation facilities shall be provided on the site during the event and shall be removed within twenty-four (24) hours after the event.

f.

All refuse, trash, travel trailers, lighting and temporary fencing shall be removed from the site no later than seven (7) days following the event.

g.

No merchandise or equipment may be left on the site beyond a period of seven (7) days following each auction event.

h.

Adequate off-street parking capable of supporting the anticipated attendance shall be provided. All parking areas shall be provided on the same property for which the special use permit is granted unless there is written authorization of adjacent property owners for use of established improved parking areas on the adjacent property. All parking areas shall be served by improved driveway entrances meeting the construction standards specified by the city engineer.

i.

Internal traffic flow control will be required to minimize external traffic impacts and to safely and efficiently manage the circulation of passenger cars and service and emergency vehicles.

j.

In consideration of the impact of the activity on adjacent uses and passersby, complete or partial screening of activity areas may be required.

k.

Unless specifically authorized by the city manager, no activity associated with the event may occur within the public right-of-way. Surface areas on which the merchandise is to be placed and on which other activities are to take place shall be reviewed for adequacy of drainage and dust control measures. Depending on the level of activity and its frequency, the applicant may be required to improve the surface of one or more activity areas.

l.

Temporary off-street parking will be exempt from the paving requirements; however dust from such parking areas shall be controlled through watering and other appropriate measures to prevent it from blowing off site. Positive drainage improvements for the parking areas shall be provided on-site.

m.

To keep trash, paper and other debris from blowing off the premises, fencing of an appropriate height and type may be allowed or may be required at the perimeter of the approved area.

n.

The storage of fuels, or other hazardous materials shall be prohibited.

o.

The applicant shall be required to furnish a performance guarantee in an amount reasonable and necessary to ensure strict compliance with any regulation contained herein or made a condition of approval.

(26)

Accessory dwelling units.

a.

Purpose and intent: The city recognizes a need to provide alternative housing arrangements to support changing trends in housing needs as well as more efficient use of existing residential properties within its bounds. The city has identified accessory dwelling units as an opportunity to provide for smaller and more affordable housing options that may support housing needs for smaller households, seniors, and persons with disabilities that may otherwise have reduced access to traditional affordable dwellings available within city limits.

b.

One (1) accessory dwelling unit may be permitted on a parcel occupied by a principal dwelling. Attached accessory dwelling units shall be permitted by right, and detached accessory dwelling units shall be permitted by special use, subject to the following standards as well as the general standards for special use in section 602-601(25) of the zoning ordinance.

"In-law suites" shall be permitted by right wherever residential dwelling units are permitted, however they must be located within or connected to the principal dwelling by finished living space.

c.

Dimensional standards.

1.

Minimum side and rear yard requirements of underlying zoning district for principal dwellings shall be met. A detached accessory dwelling unit shall not be located closer to the front lot line than the principal dwelling unit. In the case of comer lots, the detached accessory dwelling unit shall not be located closer than the required front setback to the adjacent right-of-way that is used as a side yard by the principal dwelling.

2.

Minimum usable floor area of accessory dwelling units shall be two hundred (200) square feet, but shall not meet nor exceed the usable floor area of the principal dwelling upon the parcel.

3.

Maximum lot coverage shall not be exceeded. Minimum permitted lot area for establishment of an accessory dwelling unit shall be ten thousand (10,000) square feet.

d.

Additional standards.

1.

The following deed restrictions are required to be filed with the county register of deeds by the property owner prior to occupancy of the accessory dwelling unit being granted:

i.

The accessory dwelling unit may not be sold separately from the single-family dwelling on the lot unless it is sold as a principal dwelling as part of a lot meeting all minimum standards for lot and dwelling unit bulk standards effective at the date of approved land division.

ii.

Owner occupancy of one (1) dwelling unit on property.

iii.

Deed restriction remains in effect until the accessory dwelling unit is properly removed by land division, demolition or conversion per State of Michigan Building Codes and current zoning regulations.

2.

The accessory dwelling unit, whether attached or detached, shall comply with current State of Michigan construction standards and public service commission requirements through issuance of an approved building permit and any other such approvals required by applicable authoritative agencies to qualify as a residential dwelling unit. No occupation of dwelling is permitted until a certificate of occupancy is granted by the city building official.

3.

All accessory dwelling units, detached and attached, shall connect independently to city water and sewer and be billed separately from principal dwelling already existing. Property owner shall be responsible for payment of water/sewer bills regardless of tenant status.

4.

A minimum of one (1) off street parking space per accessory dwelling unit shall be provided on the parcel which serves it in addition to the minimum two (2) parking spots required to serve the existing single-family home. Access to accessory dwelling units via existing or proposed driveways and existing or proposed sidewalk connections shall be subject to review and approval by the planning commission and city council.

(Ord. No. 123, § 19.3, 6-5-89; Ord. No. 181, §§ 3—5, 11-5-01; Ord. No. 183, § 1, 11-3-01; Ord. No. 192, art. VI, 6-2-03; Ord. No. 195, § 4, 6-21-04; Ord. No. 217, §§ 38—40, 7-7-08; Ord. No. 277, art. I, 3-18-24)

The provisions of this section allow for the possibility of converting a single-family dwelling (within an existing structure) to a two-or three-family dwelling in the R-1, R-2, R-3, RM, B-2, and CBD districts, provided that the conversion is in conformance with the standards and procedures set forth herein.

(Ord. No. 123, § 19.4, 6-5-89; Ord. No. 173, § 3, 9-5-00; Ord. No. 176, § 5, 6-4-01)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Dwelling unit conversion means the process in which the owner of a single-family dwelling located in an R-1, R-2, R-3 RM, B-2, and CBD district may apply for conversion of the dwelling into a greater number of dwelling units than existed in the dwelling prior to conversion. Consideration of the application shall be in accordance with the procedures and standards set forth herein.

(Ord. No. 123, § 19.41, 6-5-89; Ord. No. 173, § 4, 9-5-00; Ord. No. 176, § 6, 6-4-01)

Cross reference— Definitions and rules of construction generally, § 1-2.

The owners of a single-family dwelling located in R-1, R-2, R-3, RM, B-2, and CBD zoning districts who wish to convert their existing single- or two-family dwelling into an additional dwelling unit shall file an application on a form prescribed by the city council with the city clerk not less than one (1) week (seven (7) days) before the next regularly scheduled planning commission meeting. The application shall include a site plan with front and side elevations in conformance with the requirements of section 20-116. A separate application shall be required for each structure petitioned for dwelling unit conversion and each application shall be accompanied by a fee of fifty dollars ($50.00), no part of which shall be refunded.

(Ord. No. 123, § 19.42, 6-5-89; Ord. No. 173, § 5, 9-5-00; Ord. No. 176, § 7, 6-4-01)

(a)

Upon receipt of the application and site plan, the city clerk shall transmit copies of the application and site plan to the planning commission, and other individuals and departments as specified in section 20-116, for comment and recommendation, which comments and recommendations shall be forwarded to the city clerk within thirty (30) days of receipt of the plans.

(b)

Upon receipt of comments and recommendations from the planning commission and other contributing departments or individuals, the city clerk shall schedule a public hearing on the application before the city council at its next regularly scheduled meeting provided that the notice requirements required herein cannot be complied with, the hearing shall be scheduled no later than the second regularly scheduled meeting thereafter.

(c)

Upon receipt of the application and site plan, the city clerk shall transmit copies of the application and site plan to the planning commission, and other individuals and departments as specified in section 20-117, for comment and recommendation, which comments and recommendations shall be forwarded to the city clerk within thirty (30) days of receipt of the plans.

(Ord. No. 123, § 19.43, 6-5-89; Ord. No. 211, § 19, 2-5-07)

Upon receipt of comments and recommendations from the planning commission and other contributing departments or individuals, the city clerk shall schedule a public hearing on the application in the same manner as provided under section 20-805.

(Ord. No. 123, § 19.44, 6-5-89; Ord. No. 211, § 20, 2-5-07)

The city council may deny, approve, or approve with conditions, requests for dwelling unit conversion which shall be incorporated in a statement of conclusions relative to the dwelling unit conversion under consideration. The decision shall specify the basis for the decision and any conditions imposed. Consideration of the application by the city council shall be based upon conformance with the standards set forth herein. The city council shall render a decision within thirty (30) days after the public hearing required above.

(Ord. No. 123, § 19.45, 6-5-89)

All applications for dwelling unit conversion as provided herein, shall be reviewed on the basis of whether or not the application and proposed use conform with the following standards:

(1)

The conversion will not be detrimental to the neighborhood; and

(2)

The proposed conversion shall add no more than two (2) apartments to the existing dwelling, and the maximum number of bedrooms per additional dwelling unit shall not exceed two (2) and result in no more than three (3) units maximum; and

(3)

Conversion of any dwelling unit will not result in leaving a dwelling unit whose minimum gross floor area per unit is less than five hundred (500) square feet for an efficiency unit, six hundred (600) square feet for a one-bedroom unit, and seven hundred fifty (750) square feet for a two-bedroom unit; and

(4)

The owner agrees that all construction and maintenance of the structure and grounds will be in accordance with and conform to all city construction codes, including, but not limited to the building code, electrical code, plumbing code, mechanical code, housing code; and

(5)

Each dwelling unit shall be self-contained consisting of complete lavatory and kitchen facilities and a separate living area; and

(6)

Each dwelling unit shall provide adequate light and ventilation pursuant to the housing code; and

(7)

Stairways leading to the second or any higher floor shall be located within the walls of the building wherever practical, and stairways and fire escapes shall otherwise be located on the rear wall in preference to either side wall and in no case on a front wall or side wall facing a street; and

(8)

Except as may be necessary for purposes of safety in accordance with the proceeding paragraph, there shall be no major structural change in the exterior of the building in connection with the conversion, and after conversion the building shall retain substantially the same structural appearance it had before the conversion; and

(9)

There shall be provided two (2) parking spaces per dwelling unit. The location of the off-street parking spaces shall be consistent and compatible with existing off-street parking in the neighborhood. Where possible, parking should be enclosed or screened from view from any public street. In no case shall an application be approved where parking is intended to be located in the front yard of any dwelling unit for which conversion has been applied for.

(Ord. No. 123, § 19.46, 6-5-89)

If the application is approved, the applicant shall obtain a building permit from the city prior to the construction associated with the conversion. After all construction or reconstruction has been completed, the applicant shall obtain a certificate of occupancy prior to the rental or use of the additional dwelling units. Failure to comply with the provisions of this section will constitute a violation of the zoning chapter for the city and subject the offender to penalties of this chapter.

(Ord. No. 123, § 19.47, 6-5-89)

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

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

(1)

Facilitate adequate and efficient provision of sites for wireless communication facilities (WCF).

(2)

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

(3)

Recognize that operation of a wireless communication system may require the establishment of facilities in locations not within the predetermined districts or zones. In such cases, it has been determined that it is likely that there will be greater adverse impact upon neighborhoods and areas within the city. Consequently, more stringent standards and conditions should apply to the review, approval and use of the facilities.

(4)

Ensure that wireless communications facilities are situated in appropriate locations and relationships to other land uses, structures and buildings.

(5)

Limit inappropriate physical and aesthetic overcrowding of land use activities and avoid adverse impact upon existing population, transportation systems, and other public services and facility needs.

(6)

Promote the public health, safety and welfare.

(7)

Provide for adequate information about plans for wireless communications facilities in order to permit the community to effectively plan for the location of such facilities.

(8)

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

(9)

Minimize the negative visual impact of wireless communication facilities on neighborhoods, community landmarks, buildings, natural beauty areas and public rights-of-way. This contemplates the establishment of as few structures as reasonably feasible, and the use of structures which are designed for compatibility, including the use of existing structures and the avoidance of lattice structures that are unnecessary, taking into consideration the purposes and intent of this section.

(10)

The city council finds that the presence of numerous tower and/or pole structures, particularly if located within residential areas, would decrease the attractiveness and destroy the character and integrity of the community. This, in turn, may have an adverse impact upon property values. Therefore, it is necessary to minimize the adverse impact from the presence of numerous tower and/or pole structures having low architectural and other aesthetic appeal to most persons, recognizing that the absence of regulation would result in a material impediment to the maintenance and promotion of property values, and further recognizing that this economic component is an important part of the public health, safety and welfare.

(Ord. No. 197, § 1, 6-21-04)

Subject to the standards and conditions set forth in section 20-644, and not withstanding any provisions of the zoning ordinance to the contrary, wireless communication facilities shall be permitted uses in the following circumstances:

(1)

An existing structure which will serve as the support structure for attached WCF within a nonresidential zoning district, where the existing structure is not, in the discretion of the zoning administrator, proposed to be either materially altered or materially changed in appearance; or an existing structure which will serve as support for an attached WCF within any zoning district if the accessory building is either not visible from any residence or can be screened to that extent with landscaping and decorative walls or fences and where the existing structure is not, in the discretion of the zoning administrator, proposed to be either materially altered or materially changed in appearance.

(2)

A proposed co-location of an attached WCF upon an existing wireless communication support structure which has been pre-approved for such co-location as part of an earlier approval by the city.

(3)

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

(4)

A proposal to establish a new WCF shall be deemed a permitted use if proposed in an I-1, I-2 or B-3 zoning district.

(Ord. No. 197, § 1, 6-21-04)

If it is demonstrated by an applicant that a WCF may not reasonably be established as a permitted use under section 20-641 and the WFC is, nonetheless required in order to operate a wireless communication service, then, a WCF may be authorized as a special use within any B-1, or B-2 zoning district.

In addition, a WCF may be permitted as a special use on free standing level 2 site in any area of the city outside of a level 1 area if it is located on one (1) of the following types of locations:

(1)

Municipal buildings and sites.

(2)

Church or other institutional site.

(3)

State, county or other governmentally owned site.

(4)

Public or private school sites.

On any of the above free standing special use WCF sites, a WCF shall be subject to application of all standards contained in sections 20-644 and 20-645.

(Ord. No. 197, § 1, 6-21-04)

If it is demonstrated by an applicant that a WCF may not reasonably be established as a permitted use, or a special use within a level 2 zoning district or as special use on a free standing level 2 site, a WCF may be permitted as a special land use elsewhere in the city subject to the standards and conditions of sections 20-644 and 20-645 and also subject to the following:

(1)

At the time of the submittal, the applicant must demonstrate that a location within a level 1 or level 2 zone cannot meet the needs required for operation of a system.

(2)

The wireless communication facilities must be designed in the appearance of (without limitation) a steeple, bell tower, or other form which, as determined by the village council upon the recommendation of planning commission, is found to be most consistent with the existing and anticipated character of the immediate and general area.

(Ord. No. 197, § 1, 6-21-04)

All applications for wireless communication facilities shall be reviewed in accordance with the following standards and conditions, and, if approved, shall be constructed and maintained in accordance with such standards and conditions and any additional conditions imposed with a special land use approval:

(1)

Facilities shall be located, designed and landscaped to minimize impacts on the surrounding area. Among other things, all reasonable attempts shall be made and thoroughly explored to utilize existing structures on which to place facilities, i.e., to utilize attached wireless communications facilities.

(2)

Wireless communication facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions, as confirmed by submission of a certification of compliance by the applicants licensed engineer.

(3)

Applicants shall demonstrate a justification of the proposed height of the structures and provide an evaluation of alternative designs which might result in lower heights. Structures which require or are proposed to have high intensity (strobe) lighting shall not be permitted unless such lighting is required by the FAA or other Federal or State regulatory agency.

(4)

The maximum height of the new or modified support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant (and by other entities to co-locate on the structure). The accessory building used to enclose such things as switching equipment shall be limited to the maximum height for accessory structures within the respective zoning district.

(5)

The setback of a new or materially modified support structure from any residential district shall be at least equal to the height of the support structure. The setback of the support structure from any existing or proposed right-of-way or other publicly traveled road shall be no less than seventy-five (75) percent of the height of the structure.

(6)

Where the proposed new or materially modified support structure abuts a parcel of land zoned or used for other than residential purposes, the minimum setback of the structure, and accessory structures, from that parcel shall be the greater distance of either fifteen (15) feet or the required setbacks for main or principal buildings as established for the zoning district in which the support structure is located and be otherwise sufficient taking into account the information required by section 20-646(c).

(7)

When located with direct frontage on a public road, any parcel created for the purpose of siting a new WCF must comply with the minimum lot area and lot frontage and width requirements of the district in which it is located. When located so as not to have direct frontage access, the site shall have access by an easement as required in section 20-644(8) below and shall contain a minimum of twenty-five thousand (25,000) square feet.

(8)

There shall be unobstructed access to the support structure, for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement that is at least sixty-six (66) feet in width. This access shall have a location determined by such factors as: the location of adjacent thoroughfares and traffic and circulation within the site; utilities needed to service the tower and any attendant facilities; the location of buildings and parking facilities; proximity to residential districts and minimizing disturbance to the natural landscape; and, the type of equipment which will need to access the site.

(9)

Notwithstanding the provisions of this ordinance to the contrary an attached WCF may be permitted as a principle use or as a structure accessory to another principle use or structure.

(10)

Where an attached WCF is proposed on the roof of a building, if the equipment enclosure is proposed as a roof appliance or penthouse on the building, it shall be designed, constructed and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building. If proposed as an accessory building, it shall conform with all district requirements for principal buildings, including yard setbacks. For co-location facilities served by an accessory building, there shall be a single architecturally uniform accessory building for all providers.

(11)

The design and appearance of the support structure and all accessory buildings shall be reviewed and approved so as to minimize distraction, reduce visibility from off site, maximize aesthetic appearance including at and from ground level, and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the WCF in a neat and orderly fashion.

(12)

The support system shall be constructed in accordance with all applicable building codes and shall include the submission of a soils report from a geotechnical engineer, licensed in the state. This soils report shall include soil borings and statements confirming the suitability of soil conditions for the proposed use.

(13)

The requirements of the Federal Aviation Administration, Federal Communication Commission, and state aeronautics commission shall be noted.

(14)

The use of high intensity (strobe) lighting on a WCF shall be prohibited, and the use of other lighting shall be prohibited absent a demonstrated need.

(15)

Applications made which do not include the signature of the licensed operator of a wireless communication service at the time of city processing may be tentatively approved, but shall not receive final approval unless and until the application has been amended to include a signature on behalf of a licensed operator. A tentative approval shall be valid for ninety (90) days. If, during a ninety (90) day tentative approval period, final approval is granted to authorize a WCF within two (2) miles of the property on which a facility has been tentatively approved, such tentative approval shall thereupon expire unless the applicant granted tentative approval demonstrates that it would not be feasible for it to co-locate on the facility that has been newly granted final approval.

(16)

The antenna and other attachments on a WCF shall be designed and constructed to include the minimum attachments required to operate the facility as intended at the site, both in terms of number of size of such attachments, and shall be designed and constructed to maximize aesthetic quality.

(Ord. No. 197, § 1, 6-21-04)

Applications for wireless communication facilities which may be approved as special uses under section 20-642 or section 20-643, shall be reviewed, and if approved, constructed and maintained, in accordance with the standards and conditions in section 20-644, any special use approval conditions, and in accordance with the following standards:

(1)

The applicant shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of one (1) or more of the following factors:

a.

Proximity to an interstate highway or other major thoroughfare.

b.

Areas of population concentration.

c.

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

d.

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

e.

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

f.

Other specifically identified reason(s) creating facility need.

(2)

The proposal shall be reviewed for conformity with the co-location requirements of this section.

(Ord. No. 197, § 1, 6-21-04)

(a)

A site plan prepared in accordance with article III, division 4 of this chapter shall be submitted, showing the location, size, screening and design of all buildings and structures, including fences, and the location and size of outdoor equipment, and the location, number, and species of proposed landscaping.

(b)

The site plan shall also include a detailed landscaping plan where the support structure is being placed at a location which is not otherwise developed, or where a developed area will be disturbed. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings and enclosures as required by the standards and conditions set forth in sections 20-643 and 20-644.

(c)

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

(d)

The application shall include a description of security to be posted with the city at the time of receiving a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed, as provided in section 20-648 below. In this regard, the security shall, at the election of the applicant, be in the form of:

(1)

Cash;

(2)

Surety bond;

(3)

Letter of credit; or

(4)

An agreement in a form approved by the city attorney and recordable at the office of the register of deeds establishing a promise of the applicant and owner of the property to remove the facility in a timely manner as required under this section, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorneys fees incurred by the city in securing removal.

(e)

The application shall include a map showing existing and known proposed wireless communication facilities within the city, and further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the city in the location, and in the area, which are relevant in terms of potential co-location or in demonstrating the need for the proposed facility. If and to the extent the information in question is on file with the city, the applicant shall be required only to update as needed.

(f)

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

(g)

The application fee, in the amount specified by city council resolution.

(h)

The owner or duly authorized representative of all ownership interest in the land on which the WCF is proposed to be located shall sign the application. In addition, if a licensed entity intended to be the operator of the facility does not sign the application, approval shall be restricted as provided in section 20-644(15).

(Ord. No. 197, § 1, 6-21-04)

It is the policy of the city to minimize the overall number of newly established locations for wireless communication facilitates and wireless communication support structures within the community, and encourage the use of existing structures for attached WCF purposes, consistent with the statement of purpose and intent, set forth in section 20-640. Each licensed provider of a WCF must, by law, be permitted to locate sufficient facilities in order to achieve the objectives promulgated by the United States Congress. However, particularly in light of the dramatic increase in the number of wireless communication facilities reasonably anticipated to occur as a result of the change of federal law and policy in and relating to the Federal Telecommunications Act of 1996, it is the policy of the city that all users should co-locate on attached wireless communication facilities and wireless communication support structures in the interest of achieving the purposes and intent of this section, and section 20-640. If a provider fails or refuses to permit co-location on a facility owned or otherwise controlled by it, where co-location is feasible, the result will be that a new and unnecessary additional structure will be compelled, in direct violation of and in direct contradiction to the basic policy, intent and purpose of the city. The provisions of this subsection are designed to carry out and encourage conformity with the policy of the city.

(1)

Feasibility of co-location: Co-location shall be deemed to be "feasible" for purposes of this section where all of the following are met:

a.

The wireless communication provider entity under consideration for co-location will undertake to pay market rent or other market compensation for co-location. For purposes of this standard and the demonstration required under section 20-647(2)a., "market rent or other market compensation" means an amount and/or form of compensation or consideration that represents the amount that knowledgeable persons, acting in good faith, after reasonable negotiations would agree upon.

b.

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

c.

The co-location being considered is technologically reasonable, e.g., the co-location will not result in unreasonable interference, give inappropriate physical and other adjustment in relation to the structure, antennas, and the like.

d.

The height of the structure necessary for co-location will not be increased beyond a point deemed to be permissible by the city, taking into consideration the intent and purpose of this section and the several standards contained in sections 20-644 and 20-645.

(2)

Requirements for co-location:

a.

A special use permit for the construction and use of a new WCF shall not be granted unless and until the applicant demonstrates that a feasible co-location is not available for the coverage area and capacity needs. In determining whether an applicant has undertaken to pay market rent or other market compensation for co-location, consideration shall be given to whether the applicant's claim is supported by the opinion, award, determination or recommendation of a qualified, fully informed and disinterested third person such as an arbitrator or mediator, with a rebuttable presumption that absent such support, the applicant has not undertaken to pay market rent or other market compensation for co-location.

b.

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

c.

The policy of the city is for co-location. Thus, if a party who owns or otherwise controls a WCF shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible co-location, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded or extended in any respect.

d.

If a party who owns or otherwise controls a WCF shall fail or refuse to permit a feasible co-location, and this requires the construction and/or use of a new wireless communication support structure, the party failing or refusing to permit a feasible co-location shall be deemed to be in direct violation an contradiction of the policy, intent and purpose of the city, and, consequently such party shall take responsibility for the violation, and shall be prohibited from receiving approval for a new wireless communication support structure within the city for a period of five (5) years from the date of the failure or refusal to permit the co-location. Such a party may seek and obtain a variance from the zoning council of appeals if and to the limited extent the applicant demonstrates entitlement to variance relief which, in this context, shall mean a demonstration that enforcement of the five-year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services, or that such enforcement would have the effect of prohibiting the provision of personal wireless communication services.

(3)

Incentive: Review of an application for co-location, and review of an application for the use of a facility permitted under section 20-641 shall be expedited by the city whenever possible.

(Ord. No. 197, § 1, 6-21-04)

(a)

A condition of every approval of a WCF shall be adequate provision for removal of all or part of the facility by users and owners when the facility has not been used for one hundred eighty (180) days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse.

(b)

In situations where removal of a facility is required, the requirements may be applied and limited to portions of a facility.

(c)

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

(d)

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

(e)

The person who had used the facility shall immediately notify the city clerk in writing if and as soon as use of a facility ceases.

(Ord. No. 197, § 1, 6-21-04)

The purpose of this section is to establish standards and procedures by which the installation and operation of wind energy systems (WES) shall be regulated within the city and to:

(1)

Promote the safe, effective and efficient use of WES in order to reduce the consumption of fossil fuels in producing electricity.

(2)

Preserve and protect health, safety, welfare and quality of life by minimizing the potential adverse impacts of WES.

(3)

Establish standards and procedures by which the siting, design, engineering, installation, operation and maintenance of a WES shall be governed.

(Ord. No. 225, § 30, 2-1-10)

Anemometer. A wind speed indicator constructed for the purpose of analyzing the potential for utilizing a wind energy turbine at a given site. This includes the tower, base plate, anchors, cables and hardware, wind direction vanes, booms to hold equipment, data logger, instrument wiring and any telemetry devices, that are used to monitor or transmit wind speed and characterize the wind resource at a given location.

Applicant. The person, firm, corporation, company, limited liability corporation or other entity that applies for city approval under this section, as well as the applicant's successor(s), assign(s) and/or transferee(s) to any approved wind energy system (WES.) An applicant must have the legal authority to represent and bind the landowner(s) or lessee(s) who will construct, own and operate the WES. The obligations regarding a zoning approval for any approved WES shall be jointly and severally with the land owner(s), the owner(s) of the WES and the operator or lessee of the WES if different from the owner.

Building-mounted wind energy systems (WES). A WES mounted or attached to an existing structure or building.

Cooperative wind energy system site. A WES site created with the mutual consent of two or more adjacent property owners, comprised of an easement encompassing all or portions of two or more adjacent lots or parcels. A cooperative WES site meeting the standards of this section may support an on-site WES or a WES for commercial purposes.

Nacelle. In a wind turbine, the nacelle refers to the structure that houses all of the generating components, gearbox, drive train and other components.

On-site-use wind energy system.A wind energy system (WES) with a main purpose of providing energy to the property where the WES structure is located, or to adjacent properties under the same ownership or control as the property where the structure is located, or by the mutual consent of adjacent property owners.

Shadow flicker. Alternating changes in light intensity caused by the moving blade of a WES casting shadows on the ground and stationary objects such as dwellings.

Single wind energy system for commercial purposes. A single WES placed upon a lot or parcel with the main purpose of generating electricity for sale or otherwise, to a site or location other than the premises upon which the WES is located. The WES may or may not be owned by the owner of the property upon which the WES is placed.

Tower-mounted wind energy system. A WES mounted or attached to a tower, pole or similar structure that is not a building.

Utility grid wind energy systems. A WES interconnected with the electricity distribution system.

Wind energy system (WES). Any combination of the following:

(Note: For purposes of this section a windmill traditionally used to pump water shall not be considered a wind energy system)

(1)

A mill or machine operated by wind acting on oblique vanes or sails that radiate from a horizontal shaft.

(2)

A surface area such as a blade, rotor or similar device, either variable or fixed, for utilizing the wind for electrical or mechanical power.

(3)

A shaft, gearing, belt or coupling utilized to convert the rotation of the surface area into a form suitable for driving a generator, alternator or other electricity-producing device.

(4)

The generator, alternator or other device used to convert the mechanical energy of the surface area into electrical energy; and any temporary anemometer constructed for the purpose of analyzing the potential for utilizing a wind energy turbine at a given site prior to the installation of a wind energy turbine.

(5)

The tower, pylon or other structure upon which any, all or some combination of the above are mounted.

WES height. The distance from the ground at normal grade and the highest point of the WES, which is the tip of a rotor blade when the blade is in full vertical position.

WES setback. The distance from the base of the tower or structure upon which the WES is mounted to the nearest lot line. In the case of multiple parcels utilized for multiple or single WES, the setbacks shall be taken from the outside boundary of the parcels utilized for the WES project.

Wind farm. Clusters of two or more WES placed upon a parcel or parcels with a purpose of generating electricity to a site or location other than the premises upon which the WES are located. The WES may or may not be owned by the owner of the property upon which the WES is placed.

(Ord. No. 225, § 30, 2-1-10)

Any on-site use wind energy system that is sixty-five (65) feet or less in total height shall be a permitted use in all zoning districts except the "P" parking district, subject to the following standards and those of section 20-654 of this section:

(1)

Maximum WES height. The height of the WES with the blade in vertical position shall not exceed sixty-five (65) feet.

(2)

Tower-mounted WES setbacks. A tower-mounted WES shall be set back from all lot lines, or (in the case of a cooperative WES site) all cooperative WES site easement lines a distance that is at least equal to the height of the WES as measured from the lot line or easement line to the base of the tower. No portion of the WES, including the guy wire anchors, shall be located within or above the required front, side or rear yard setbacks.

(3)

Building-mounted WES setbacks. A building-mounted WES shall have a distance from the nearest property line that is at least equal to the height of the WES as measured from the point of attachment to the building to the top of the WES with the blade in the vertical position. The blade arcs created by a WES mounted on an existing structure shall have a minimum clearance of eight (8) feet or be designed so the blade or other moving parts do not present a safety hazard.

(4)

Shared WES usage. An on-site use WES may provide electrical power to more than one dwelling unit or user, provided the dwelling units or users are located on property or properties that are adjacent to the property or properties on which the WES is located.

(5)

Construction permit required. A permit shall be required to be obtained from the city to construct or install any WES. The WES shall not be constructed nor remain on the property unless such permit has been issued. A copy of the manufacturer's installation instructions and blueprints shall be provided to the city as part of the permit application.

(6)

Operating permit required. Prior to commencement of operations the applicant shall submit to the city an application to commence WES operations. Included in the operating permit application shall be as-built land survey documentation showing the exact location of all WES towers and appurtenances, the depths and locations of all underground electric lines and all applicable easements and property lines. A permit to operate a WES shall be issued after an inspection of the WES by the city or an authorized agent of the city, and where the inspection finds that the WES complies with the requirements of this section, all applicable state construction and electrical codes, local building permit requirements and all manufacturers' installation instructions.

(7)

Decommissioning and removal required. The applicant shall certify and provide the city with written assurance that the WES shall not be abandoned in place and shall be removed within one (1) year of decommissioning.

(Ord. No. 225, § 30, 2-1-10)

A WES including any structure-mounted WES that is greater than sixty-five (65) feet in height may be allowed as a special use in any zoning district provided that the lot, parcel or "cooperative WES site" contains at least one (1) acre of total land area and a shape capable of encompassing within its boundaries a circle with a minimum diameter of 135 feet. Any WES eligible for special use consideration shall be further subject to the following regulations, the requirements of section 20-654 and the procedures and general standards for special land uses contained in section 20-127 of this zoning chapter:

(1)

Site plan requirements. For those WES for which a special use permit is required, the following items shall be included with or on the site plan:

a.

All applicable requirements for a site plan contained sections 20-118 and 20-119.

b.

A legal survey showing the location and dimensions of the area owned, purchased, leased and/or dedicated by easement that is to contain the WES.

c.

Location and height of all existing and proposed buildings, structures, electrical lines, towers, guy wires, guy wire anchors, security fencing, and any other above-ground structures proposed or existing for the parcel or parcels containing the WES.

d.

Specific distances from the WES structures to all other buildings, structures, and above-ground utilities on the parcel or parcels upon which the WES is proposed to be located.

e.

Location of all existing and proposed overhead and underground electrical transmission or distribution lines and their associated easements located on the lot or parcel(s) upon which the WES is proposed to be located, as well as within 300 feet of the boundaries of the parcel(s).

f.

Locations and height of all buildings and structures within 300 feet of the exterior boundaries of the lot or parcel where the WES is proposed to be located.

g.

Contour elevations of all WES buildings and structures and the elevations of all existing and proposed structures within 300 feet of the parcel(s) upon which the WES is proposed to be located.

h.

Land uses within 300 feet of the parcel.

i.

Access drives to the WES including dimensions and composition, with a narrative describing proposed maintenance of the drives.

j.

All lighting proposed for the site, including diagrams of lighting fixtures proposed if requested by the planning commission or city staff.

k.

Security measures proposed to prevent unauthorized trespass and access.

l.

Standard drawings of the structural components of the WES, including structures, towers, bases and footings. A registered engineer shall certify drawings and any necessary calculations that show that the system complies with all applicable local, state and federal building, structural and electrical codes.

m.

A shadow flicker analysis. The analysis shall identify locations of shadow flicker that may occur, and shall describe measures such as screening that shall be taken to eliminate or minimize the shadow flicker.

n.

Additional pertinent information as required by sections 20-118, 20-119 and 20-127 of this chapter or as may be required by the planning commission.

o.

The zoning administrator may waive or modify the above requirements at the request of the applicant if it is determined by city staff that those items would not be needed to properly review the project.

(2)

Height. The height of a WES for which a special use permit is required shall be determined by compliance with the requirements of this section 20-653.

(3)

Setbacks.

a.

The setback for the base of a WES tower from any adjacent residentially zoned or used lot or parcel shall be at least equal to the height of the WES. Any other part of a WES, including guy wire anchors, shall not be located within the minimum front, side or rear yard area for principal buildings as required for the zoning district in which the WES is located.

b.

The setback of the WES from any existing or proposed street right-of-way or other publicly traveled road or pedestrian way shall be no less than seventy-five (75) percent of the height of the WES.

c.

The setback for a WES from any adjacent lot or parcel zoned or used for business (R-O, CBD, B-1, B-2, B-3) purposes or industrial (I-1, I-2) purposes shall be the greater distance of either fifteen (15) feet or the required front, side or rear yard setback for principal buildings as required for the zoning district in which the WES is located. In addition, there shall be signed analysis and certification by a state licensed professional engineer describing the manner in which the WES structure will fall or fail. The certified analysis shall be utilized, along with other applicable zoning regulations, in determining the appropriate setback to be required for the WES.

(4)

Rotor or blade clearance. Blade arcs created by a tower-mounted WES shall have a minimum of thirty (30) feet of clearance over and from any structure, adjoining property or tree.

(5)

Lighting. A WES shall provide lighting as may be required by the FAA.

(6)

Maintenance program required. The applicant shall provide a written description of the maintenance program to be used to maintain the WES, including a maintenance schedule of types of maintenance tasks to be performed.

(7)

Decommissioning plan required. The applicant shall provide a written description of the anticipated life of the system and facility; the estimated cost of decommissioning; the method of ensuring that funds will be available for decommissioning and restoration of the site; and removal and restoration procedures and schedules that will be employed if the WES, system, facility or site become obsolete or abandoned.

(8)

Siting standards and visual impact.

a.

A WES shall be designed and placed in such a manner to minimize adverse visual and noise impacts on neighboring areas.

b.

A WES project with more than one WES structure or tower shall utilize similar design, size, color, operation and appearance throughout the project as is practicable.

(9)

Insurance. The WES operator shall maintain a current insurance policy that shall cover installation and operation of the WES. The dollar amount and type of policy shall be a condition of approval.

(10)

Performance guarantee. If a special use permit is approved pursuant to this section, the city may require a security in the form of a cash deposit, surety bond, or irrevocable letter of credit in a form, amount, time duration and with a financial institution deemed acceptable to the city, which will be furnished by the applicant to the city in order to ensure full compliance with this section and any conditions of approval.

(11)

Operating permit required. Prior to commencement of operations the applicant shall submit to the city an application to commence WES operations. Included in the operating permit application shall be as-built land survey documentation showing the exact location of all WES towers and appurtenances, the depths and locations of all underground electric lines and all applicable easements and property lines. A permit to operate a WES shall be issued after an inspection of the WES by the city or an authorized agent of the City, and where the inspection finds full compliance with this section and any conditions of special use approval, all applicable state construction and electrical codes, local building permit requirements and all manufacturers' installation instructions.

(Ord. No. 225, § 30, 2-1-10)

(a)

Tower construction. All towers shall be of mono-pole construction.

(b)

Sound pressure level.

(1)

On-site wind energy systems shall not exceed 55 dB (A) at the property line closest to the WES. This sound pressure level may be exceeded during short-term events such as severe wind storms. If the ambient sound pressure level exceeds 55 dB (A), the standard shall be ambient dB (A) plus 5 dB (A).

(2)

Utility grid systems and wind farms shall be subject to the sound level requirements of above, however, the sound pressure level shall be measured at the property line closest to the WES at the outside boundary of all property used for the utility grid system. In addition, the applicant shall provide modeling and analysis that will demonstrate that the utility grid system or wind farm will not exceed the maximum permitted sound pressure.

(c)

Construction codes and interconnection standards.

(1)

All applicable state construction and electrical codes and local building permit requirements.

(2)

Federal Aviation Administration requirements.

(3)

The Michigan Airport Zoning Act, Pubic Act 23 of 1950, as amended.

(4)

The Michigan Tall Structures Act, Public Act 259 of 1959, as amended.

(5)

The Michigan Public Service Commission and Federal Energy Regulatory Commission if the WES is an interconnected system.

(d)

Safety.

(1)

Each WES shall be equipped with both a manual and automatic braking device capable of stopping the WES operation in high winds or must otherwise be designed so that the rotational speed of the rotor blade does not exceed the design limits of the rotor.

(2)

To prevent unauthorized access, each WES must comply with at least one of the following provisions, and more than one if required by the city:

a.

Tower climbing apparatus shall not be located within twelve (12) feet of the ground.

b.

A locked anti-climb device shall be installed and maintained.

(3)

All WES shall have lightning protection.

(4)

If a tower is supported by guy wires, the wires shall be clearly visible to a height of at least ten (10) feet above the guy wire anchors.

(e)

Signs.

(1)

Each WES shall have one (1) sign not to exceed two (2) square feet posted at the base of the tower, or, if the structure is fenced, on the fence. The sign shall include the following information:

a.

The words "Warning: High Voltage."

b.

Emergency phone numbers.

(2)

A WES shall not include any advertising of any kind, except the nacelle may have lettering that exhibits the manufacturer and/or owner's identification.

(f)

Electromagnetic interference. WES shall be designed, constructed and operated so as not to cause radio and television interference.

(g)

Maintenance. WES must be kept and maintained in good repair and condition at all times and shall not pose a potential safety hazard.

(h)

Electrical distribution lines. All distribution lines from the WES shall be located underground, both on the property where the WES will be located and off-site. The city may waive this requirement for utility grid wind energy systems if the planning commission determines that installation or maintenance of distribution lines underground would be impractical or unreasonably expensive.

(i)

Road frontage. A WES, except for building-mounted WES, may be located on a lawful parcel or parcels that do not have frontage on a public or private road.

(Ord. No. 225, § 30, 2-1-10)