Nothing in this chapter shall require any change of the plans, construction or the design use of any building upon which construction was lawfully begun prior to the designation of a particular district zoning which would prohibit such building, provided such building construction has been diligently continued, and provided further that such building is completed within one year from the date of such designation.

(Code 1983, § 60.6)

The temporary use of any property as a voting place in connection with a public election is allowed.

(Code 1983, § 60.7)

All streets, alleys and railroad rights-of-way shall be deemed to be in the same zone as the abutting property. Where the centerline serves as the district boundary, the zoning shall be the same as that of the abutting property to such centerlines, unless otherwise designated.

(Code 1983, § 60.8)

(1)

Noncommercial facilities. Equipment required to operate and maintain building and fire or parapet walls, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, smokestacks, individual domes, water tanks and other similar structures, may be erected above the height limits of the district.

Except for commercial radio, television or transmitting or relay antenna towers, no such structure may be erected to exceed by more than 20 feet, the height limits of the district in which it is located nor shall such structure have a total area greater than 25 percent of the roof area of the building, nor shall such structure be used for any other purpose other than as incidental to the main use of the building.

(2)

Commercial facilities. Commercial radio, television, microwave or wireless communication antennas shall be permitted in all zoning districts, when attached to an existing structure or when placed on a new support structure within an existing electric transmission tower, subject to compliance with the site plan review provisions and other applicable federal and state regulations and this Code. Facilities may not exceed the height of the existing structure by more than 30 feet. New, freestanding communication towers are allowed as special uses in certain districts, as provided in this Code. Structural plans must be approved by the building inspector, based upon applicable regulations. The following additional requirements shall apply:

(a)

Towers shall be installed on legal lots for the zoning district in which they are located, either as a principal use, or as an accessory use related to the principal use.

(b)

Towers must be set back from all lot lines a distance equal to the height of the facility.

(c)

The applicant must demonstrate that the tower is necessary at the proposed site in order to satisfy its function in applicant's grid system.

(d)

The applicant must provide written documentation that a good faith effort has been made to locate the antenna on an existing structure within one-half mile of the proposed site, if any, and that applicant was denied reasonable use of the structure for antenna placement. As used in this subsection, a "good faith effort" includes, but is not limited to, contacting the owners of structures within these parameters to determine whether the applicant could use the structure for its purpose.

(e)

The owner or operator of a tower shall agree to permit other communications service providers, including local government agencies, to use the tower, upon reasonable terms and conditions (e.g., sharing the cost of constructing, maintaining and operating the facility, along with the reimbursement for fees and costs incurred to obtain approval of the facility's location on the site). This obligation shall not require the owner or operator to permit access where doing so will interfere with the owner or operator's ability to provide or receive signals. If the planning commission has reason to anticipate the future use of the proposed facility by another government agency or wireless communication provider, the tower must be engineered and constructed to support additional antennae.

(f)

The proposed tower must be structurally sound and be constructed in accordance with all federal, state or local standards and be capable of use in accordance with the requirements of this section. Facilities shall be inspected annually by the owner or operator and, in the event any safety standard is no longer met, the city shall be immediately notified.

(g)

The tower's height must not exceed that minimally required to function in accordance with federal, state and local requirements.

(h)

The Gerald R. Ford International Airport Authority or any successor agency must approve the tower site plan and proposed tower for compliance with height and lighting requirements dictated by the Gerald R. Ford International Airport Zoning Ordinance and Federal Aviation Administration or other applicable standards.

(i)

The applicant shall include with the application for special approval an analysis of the visual impact of the facility on the surrounding area. The analysis shall include point-of-view renderings of the tower in its proposed setting, with special attention given to adjacent residential uses, including any proposed landscaping. The facility and any ancillary buildings housing equipment needed for the operation of the facility shall be of a size, color and material that are aesthetically and architecturally compatible with the surrounding area. Landscape screening will be required to help screen the facility and ancillary buildings from the surrounding uses, if necessary, especially residential uses.

(j)

A tower that remains unused for the original purpose and intent for a period of 12 months shall be deemed abandoned. The tower must be removed at owners expense upon written notification by the city. Should owner fail to remove the tower, the city may remove or contract to remove the tower, with the cost of removal plus reasonable administrative expenses to be added to the tax roll as a lien against the property.

(k)

Towers shall not be artificially lighted, unless required by the Federal Aviation Administration or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding area.

(l)

No signs shall be allowed on a tower.

(Code 1983, § 60.9; Ord. No. 15-97, § 1, 6-16-97; Ord. No. 21-98, § 1, 10-5-98)

Cross reference— Standards for radio, television, microwave or wireless communication towers, § 90-329.

Space included as part of a yard or other open space to comply with the requirements of this chapter shall not be included as part of any other area so as to comply with any other open space requirement for any other building.

(Code 1983, § 60.10)

Eaves, overhangs, awnings, chimneys, bay windows and similar building appurtenances may project into required yard setbacks up to two feet for side yards and three feet for other yards shall not be included in determining the yard requirements.

Barrier free ramps for the physically disabled may be permitted within required yard setbacks with the approval of the building inspector. Placement of the structure shall be such as to minimally impose upon adjoining properties and be the minimum structure necessary to provide access and comply with applicable construction codes. Alternative locations on the property shall also be considered. All ramps shall be removed upon the physically disabled person becoming mobile or vacating the residence. Appeals to the determination of the building inspector shall be made to the board of zoning appeals.

(Code 1983, § 60.11; Ord. No. 3-00, § 1, 3-6-00)

Mobile homes located outside a mobile home park are permitted in single-family residential districts, in accordance with the following standards:

(1)

The mobile home shall meet all the requirements for the district.

(2)

Mobile homes must be placed and securely fastened to a permanent foundation designed in accordance with the Michigan Building Code. There should be no external wires or cables used for fastening the mobile home.

(3)

Mobile homes shall be anchored on a lot in such a way that the main entrance to the dwelling shall coincide or match other single-family units located within 300 feet.

(4)

All mobile homes shall be required to have utilities installed prior to occupancy.

(5)

There shall be no outdoor storage or tanks used for heating, cooking or other service to the mobile home.

(6)

Any mobile home placed on a lot shall be of such design and character as to be aesthetically compatible with other adjoining residences located within 300 feet so as not to decrease their property value.

(7)

All mobile homes shall be required to have steps and porches to enter the unit which shall be constructed and developed according to the Michigan Building Code.

(8)

The mobile home shall meet all requirements of any code adopted by the city, except as provided in this section.

(9)

All wheels, axles and other towing devices shall be removed from the mobile home prior to the permanent installation on the site.

(10)

Mobile homes constructed in any residential plat or zone approved by the city shall be required to have all driveways constructed of concrete or blacktop.

(11)

Mobile homes placed on a lot shall have a minimum width of 24 feet excluding any attachments or non-integral parts of the mobile home.

(12)

All mobile homes shall contain storage area, either inside or outside the mobile home, equal to at least ten percent of the dwelling square footage, or 100 square feet, whichever is greater.

(13)

Mobile homes constructed prior to 1976 shall satisfy all requirements of the state building code; mobile homes constructed after 1976 shall satisfy the standards of the Department of Housing and Urban Development (HUD).

(14)

Additions to a mobile home shall be of the same or better quality construction than the original unit.

(Code 1983, §§ 60.12, 60.201; Ord. No. 17-02, § 4, 9-3-02; Ord. No. 21-02, §§ 4, 5, 11-4-02)

In the case of corner or double frontage lots, the City Planner or their designee shall designate which street is to be the front of the lot.

(Code 1983, § 60.13; Ord. No. 9-25, § 1, 7-7-25)

No single-family residential dwelling shall be erected or placed on a lot with another single-family residential dwelling, except that up to three model homes are allowed in proposed plats as per the subdivision regulations, section 74-61.

(Code 1983, § 60.14; Ord. No. 9-25, § 2, 7-7-25)

Freestanding industrial and commercial mechanical appurtenances such as blowers, ventilating fans, generators and air conditioning units are prohibited in front yard areas. The appurtenances shall be screened with a solid fence or evergreens. Duct work from appurtenances shall be routed directly into the building or be concealed below grade in commercial districts.

(Code 1983, § 60.15; Ord. No. 14-14, § 1, 7-21-14)

Accessory buildings and uses, except as otherwise permitted in this chapter, shall be subject to the following regulations:

(1)

Accessory buildings, including detached garages, shall be erected only in a rear yard unless otherwise allowed in this chapter and shall not be closer than three feet to any side or rear lot line.

(2)

Detached garages shall be allowed in a side yard with the same required side yard setback as the principal building.

(3)

Any pre-manufactured accessory building larger than 120 square feet shall be in character with the primary building. Exterior building and roof materials shall be of a finished character and shall be installed to manufacturer's specifications.

(4)

Only two accessory buildings, including garages, shall be permitted on any single-family residential lot or parcel. For side-by-side duplexes, one accessory building per unit, excluding garages, shall be permitted; subject to approval by the city planner so that the same is compatible with the surrounding area. No accessory building shall be erected prior to the principal building.

(5)

No detached accessory buildings shall be located closer than ten feet to any main building.

(6)

In the case of double frontage lots, accessory buildings shall observe front yard setback on both street frontages where there are any principal buildings fronting on said streets in the same or adjacent lots.

(7)

An accessory building on a single-family and two-family residentially zoned or used property shall not exceed one story or 14 feet in height except that detached accessory buildings 1,200 square feet or greater may not exceed 17 feet in height.

Properties up to 22,000 square feet are permitted a total accessory building area of 1,000 square feet with no single building exceeding 768 square feet. Properties greater than 22,000 square feet and up to one acre, are permitted a total accessory building area of 1,200 square feet with no single building exceeding 900 square feet.

Properties greater than one acre and up to two acres are permitted a total accessory building are of 1,600 square feet with no single building exceeding 1,200 square feet. For each additional whole acre, 200 square feet of building area shall be permitted up to a total accessory building area of 2,400 square feet with no single building being greater than 1,600 square feet. The total accessory building area shall include the square footage of attached garages. Detached accessory buildings shall be setback from side or rear property lines as follows:

Up to 768 square feet: Three feet minimum.

Up to 900 square feet: Ten feet minimum.

Up to 1,200 square feet: 15 feet minimum.

Up to 1,600 square feet: 20 feet minimum.

For other than single- and two-family residentially zoned or used property, accessory buildings may not occupy more than 30 percent of a required rear yard plus 40 percent of any non-required rear yard.

(Code 1983, § 60.16; Ord. No. 2-96, § 3, 2-20-96; Ord. No. 3-10, § 1, 5-17-10; Ord. No. 19-14, §§ 1, 2, 9-2-14; Ord. No. 15-16, 11-7-16)

All fences, walls and other protective barriers, referred to in this section as "fences," shall conform to the following regulations:

(1)

The erection, construction or alteration of any fence shall be approved by the building inspector for compliance with the provisions of this chapter. The finished side of a fence shall face outward toward abutting lots and rights-of-way.

(2)

No fence shall hereafter be erected in any required yard space in excess of six feet in height above the grade of the surrounding land.

(3)

No fence located in the front yard, or within the first ten feet of the secondary front yard in residential districts, shall exceed 36 inches in height above the ground level.

(4)

All fences shall be of an ornamental nature. Spikes, nails or any sharp instruments of any kind are prohibited on top of or on the sides of any fence, except that barbed wire is allowed on the top of fences in industrial zones.

(Code 1983, § 60.18; Ord. No. 12-00, § 1, 7-17-00; Ord. No. 16-11, §§ 1, 2, 12-5-11; Ord. No. 9-25, § 3, 7-7-25)

Editor's note— Sec. 2 of Ord. No. 3-12, adopted Mar. 5, 2012, repealed § 90-48, which pertained to site plan review and derived from the 1983 Code; and Ord. No. 16-99, adopted Nov. 15, 1999.

A single-family dwelling may be located on any lot in any district in which single-family dwellings are permitted if the lot was in a single ownership or included in the subdivision which was a record in the office of the register of deeds at the time of passage of this chapter (May 7, 1979) even though the lot does not have the minimum lot width or the minimum lot area specified for the district. Substandard lots platted less than 42 feet wide may have combined side yards width reduced two feet with one side not less than six feet in width.

(Code 1983, § 60.20)

The following provisions shall apply to repairs to, parking and storage of motor vehicles, recreational vehicles, all trailers, or other vehicles in residential districts:

(1)

No person shall perform any work on any motor vehicle, travel trailer, boat or other vehicle normally required to be licensed or registered by this state in a residential district except under the following conditions:

(a)

Work may be done only on a vehicle used by the property owner or tenant or his immediate family.

(b)

The property owner or tenant must have proof of ownership available for inspection.

(c)

The vehicle being repaired must be currently licensed.

(d)

No work shall be done between the hours of 11:00 p.m. and 7:00 a.m. except in an enclosed garage with the door shut and providing there is no noise between such hours so as to disturb any of the nearby neighbors.

(2)

No recreational vehicle including, but not limited to, special-purpose automobiles, boats, floats, rafts, camping or travel trailers or detachable travel equipment adaptable to light-duty trucks, excluding bicycles, motor bikes and motorcycles, unless attached to a licensed motor vehicle, shall be stored or parked anywhere on a public street or utility right-of-way or easement. Motor homes may be parked on a street not to exceed three days.

(3)

No vehicle primarily constructed or equipped as a recreational unit, excluding bicycles, motorbikes and motorcycles, may be kept or stored out of doors on any property in any residential used or zoned area for a period longer than one week subject to compliance with the following conditions:

(a)

The recreational vehicle must be owned, rented or leased by the owners or occupants of the property on which the same is stored and must be currently licensed.

(b)

No more than one recreational vehicle and, one utility trailer, may be kept or stored outdoors at any one time.

(c)

Storage of the same shall be in the rear yard only. Where there is no access available to the rear yard, such vehicles may be located on the side yard, provided that they are parked or stored at least three feet from the side lot line, that such vehicles are parked and stored at least 12 feet from the residential dwelling on the adjoining property, and that such vehicles shall not exceed 32 feet in length or 12 feet in total height.

(d)

The recreational vehicles and trailers shall be in good repair.

(e)

Open storage of partially or disassembled component parts of such vehicles is prohibited.

(f)

The recreational vehicles shall not be used for living, lodging or housing purposes.

(4)

The following regulations shall apply to the storage of motor vehicles and/or major component parts of any motor vehicles:

(a)

No motor vehicle required to display registration plates to operate on a public roadway shall be parked or stored in the open for more than seven days without bearing a current registration plate issued for that motor vehicle.

(b)

No motor vehicle which is not fully capable of being lawfully operated on a public roadway, nor any major component or parts of any motor vehicle, shall be stored for more than seven days unless stored in a fully enclosed building.

(c)

Responsibility for compliance with this subsection shall lie with the occupants of single-family and two-family residences. In all other residential areas, including vacant lands, responsibility shall lie with the property owners or person in charge thereof.

(Code 1983, § 60.21; Ord. No. 3-10, §§ 2, 3, 5-17-10; Ord. No. 7-15, 6-7-15)

A vehicle exceeding three-quarters ton load capacity and not primarily intended for private passenger use may not be parked or stored outdoors in residential districts, except for loading or unloading. For purposes of this section, a bus shall be considered a commercial vehicle except for school buses, which are exempted from this section when parked or stored at a school or other school facility and except for buses owned or leased by churches which are parked in the church lot.

(Code 1983, § 60.22)

Essential services shall be permitted as authorized and regulated by law and the city in any district.

(Code 1983, § 60.23)

All districts shall conform to the area, height, bulk and placement requirements unless otherwise provided for in this chapter.

(Code 1983, § 60.24)

All rooftop mechanical equipment in any business or industrial district shall be screened from view at the street level.

(Code 1983, § 60.25)

No dwelling unit shall be erected in any business or industrial district except for sleeping quarters of a watchman or caretaker when necessary to the principal use.

(Code 1983, § 60.26; Ord. No. 3-02, § 12, 5-20-02; Ord. No. 15-14, § 2, 7-21-14)

Editor's note— Sec. 7 of Ord. No. 17-14, adopted Aug. 4, 2014, repealed § 90-56, which pertained to drive-in establishments and derived from the 1983 Code.

All automobile service stations erected after January 3, 1979, shall comply with all requirements of this section. No automobile service station existing on January 3, 1979, shall be structurally altered so as to provide a lesser degree of conformity with the provisions of this section than existed on January 3, 1979.

(1)

An automobile service station shall be located on a lot having a frontage along the principal street of not less than 140 feet, and having a minimum area of not less than 14,000 square feet.

(2)

An automobile service station building housing an office, facilities for servicing, greasing or washing motor vehicles shall be located at least 40 feet from any street lot line. All gasoline pumps shall be a minimum of 15 feet from all property lines.

(3)

Except for gas pumps, vacuums, and air compressors for vehicle tires, all equipment shall be enclosed entirely within a building.

(4)

An automobile service station located on a lot having an area of 14,000 square feet shall include not more than eight gasoline pumps and two enclosed stalls for servicing, lubricating, greasing or washing motor vehicles. An additional two gasoline pumps or one enclosed stall may be included with each additional 2,000 square feet of lot area.

(5)

Where an automobile service station adjoins property located in any residential zone, a masonry or concrete wall five feet in height shall be erected and maintained along the service station property line. All masonry or concrete walls shall be protected by a fixed curb or barrier to prevent vehicles from damaging the wall.

(6)

All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from neighboring properties.

(7)

When a structure designed and used for automobile service station or filling station purposes ceases to operate on a continuing basis for a period of 180 consecutive days or more, the owner of the premises shall be served written notice by the building inspector of the requirement to, within 60 days of the date of such notice, either lawfully convert such structure to another permitted use in that district or board all windows, doors and openings of the structure and maintain the premises in the manner which shall not become detrimental to the general health, safety and welfare of the surrounding community.

(8)

Abandoned automobile service or filling stations may be converted to the use allowed in the district provided the applicable provisions of this chapter are met, the pumps and signs are removed and the underground storage tanks are abandoned according to city and state regulations.

(Code 1983, § 60.28)

Adequate, properly located and maintained disposal facilities shall be required for all business, industrial and multiple-family districts. Where off-street disposal is provided, the following requirements shall be met:

(1)

Commercial/industrial and other uses. Unless trash receptacles are kept inside the building, the following standards shall apply to commercial, industrial and other uses:

(a)

All trash shall be located in the rear yards and shall not conflict with vehicular parking areas or driveways, except that side yards may be used provided the location and screening plan have been approved by the planning director.

(b)

All trash areas shall be required to be screened with a masonry, solid wood or metal fence not to exceed six feet in height. Such enclosure shall be gated. Dumpster pads located in the rear of industrial sites where outdoor storage is permitted are not required to be fenced.

(c)

All dumpster pads shall be of concrete material.

(2)

Apartment projects. The following standards shall apply to apartment projects:

(a)

Dumpsters shall be located so that no tenants will be required to walk more than 200 feet from their entrance to the building to their dumpster.

(b)

Dumpsters shall be of adequate size to ensure that all refuse from tenants shall be stored inside the receptacle until its collection.

(c)

The dumpsters shall be located or screened so that they are not visible from any public street or interfere with access to the complex, parking lot or parking spaces.

(d)

Where required, screening shall take the form of any one or combination of the following: use of the ends or between carports, garages and accessory buildings; earth berming, shrubbery, pine trees or fencing, as approved by the planning department.

(e)

Dumpster pads shall be located so that reasonable and safe access is provided the trash vehicle servicing the site.

(f)

All dumpster pads shall be of concrete material.

(Code 1983, § 60.29)

The fronts of all buildings located in business districts shall be of such design and constructed of such material as shall be in keeping with the character of the area. Such facades shall be of finished materials. Cinderblock, cement block, unfinished concrete, building paper and other similar materials shall not be permitted as an exterior finish. Stucco may be used in exterior building material, provided that proper design and construction adherence techniques are employed.

Other new finished materials such as metals, fabricated to simulate wood grain colors, precast color concrete panels, precast masonry units, architectural concrete blocks and other aggregate panel materials having such characteristics so as to be suitable for an exterior finish may be used.

(Code 1983, § 60.30)

The external storage of materials or products in B-2 and B-3 business zones is allowed in the rear and side yards only provided that the storage area is completely enclosed with a solid fence or wall six feet in height.

(Code 1983, § 60.31)

Vision clearance shall be provided on all corner lots based upon the following:

(1)

Vision clearance corner shall mean any lot bordering two intersecting streets. The corner shall be a triangle, two sides of which shall be the street lot lines measured from the intersection of the street lot lines to points 13 feet away and the third side connecting such points. If either abutting street is more than 66 feet wide, 25 feet shall be used instead of 13 feet. If the street lot lines do not intersect, the measurements shall be along the tangents of the street lot lines as extended.

(2)

Within the vision clearance corner, the following shall apply. Any shrubbery, structure, wall, fence, sign or other device shall not exceed 36 inches in height above the ground level. A sign with a post no larger than one foot in diameter shall be allowed if no part of the sign is lower than ten feet from the adjoining street level. Tree branches shall be a minimum of ten feet above the adjoining street level within the vision clearance corner.

(Code 1983, § 60.32; Ord. No. 13-13, § 1, 9-3-13)

Residential facilities to house persons on parole or probation to the State of Michigan, the United States of America, or any contracting agencies thereof shall not be allowed in any residential or commercial zoned area in the city. Such facilities shall be allowed in an I-2 zone as a special use approval.

(Ord. No. 2-12, § 2, 1-16-12)

Outdoor or tent sales for permanent, occupant businesses, or for their customary store products, limited to a maximum of 15 days annually, between the months of May and November. Fraternal, public, charitable and religious organizations having permanent business addresses in the city are permitted to have outdoor sales, under the same time constraints, either in commercial districts or at the location of their permanent address in noncommercial districts. Between Thanksgiving and Christmas days, outdoor Christmas tree sales are allowed on any commercially zoned property and at the permanent business addresses of fraternal, public, charitable and religious organizations subject to obtaining a city business license.

(Ord. No. 14-12, § 1, 1-7-13)

Medical marijuana provisioning centers and medical marijuana safety compliance facilities as defined in chapter 14 of this Code or any other facility to distribute medical marijuana shall not be allowed in any zone in the City. This section shall not apply to a location used by a primary caregiver to assist a qualifying patient as allowed in the Michigan Medical Marihuana Act as amended.

(Ord. No. 11-10, 12-6-10)

In order to provide a more aesthetic appearance, a measure of shading, increased oxygen generation, and reduced air pollution, wherever site plan approval is required in this chapter part of that approval shall include a landscaping plan unless waived by the city planner under the provisions of section 90-504 of this zoning code. The applicable landscaping plan requirements are detailed in table 90-504(e) of this zoning code. The following standards shall apply for all required landscaping:

(1)

Front yards and secondary front yards. At least one shade tree of a minimum two and one-half-inch caliper or one evergreen tree at least six feet in height, or a combination thereof, shall be planted for each 50 feet of street frontage or fraction thereof. Said trees may be grouped or spaced. In addition, at least ten percent of the required greenbelt area must contain trees, shrubbery, flower beds, berms, groundcover, landscape mulch, woodchips, stone and/or other types of landscape materials. However, credit may be obtained for existing, healthy trees and plant material where consistent with the intent of this section. Shrubbery must be planted at least three feet from all sidewalks, drives and parking lots, so as to not infringe upon same.

(2)

Large parking lots. For every 50 parking spaces, or fraction thereof, there shall be provided an interior landscape area at least ten feet in width and 20 feet in length. Said landscape area shall contain at least one shade tree, at least two and one-half-inch caliper. Other landscaping treatment shall be included in the landscape area, as described in (1) above. Shrubbery must be planted at least three feet from all sidewalks, drives and parking spaces, so as to not infringe upon same.

(3)

Maintenance.

(a)

In-ground automatic irrigation shall be installed and utilized within the required front yard and secondary front yards for all commercial and office zoned districts. Irrigation shall be installed along the entire street frontage either with new developments or with building additions adjacent to the street frontage that exceeds 50 percent of the existing building width.

(b)

All landscaping shall be maintained in a healthy, neat and orderly state, free from refuse and debris.

(c)

Plants shall be controlled by pruning, trimming, or other suitable methods so that they do not restrict pedestrian or vehicular access, or constitute a traffic hazard.

(d)

Any dead or diseased plants that were required by site plan approval shall be removed and replaced within one year from the time that the plant dies.

(e)

Trees shown on the site plan shall not be removed, except to replace dead or diseased trees, unless approved as a site plan amendment. Any tree that is removed must be replaced in accordance with the approved site plan.

(f)

Existing trees marked on the site plan to be preserved that are damaged or lost shall be replaced by at least two trees of similar or better species of at least two and one-half-inch caliper if deciduous, or six feet in height if evergreen.

(g)

Trees that shall be retained on a lot or development site shall be located within an area referred to as a tree protection zone, which shall include the area occupied by the critical root zone. The area below the drip line of an existing tree to be saved should remain undisturbed. The drip line is an imaginary vertical line that extends downward from the outermost tips of the tree branches to the ground. The owner/developer shall take all necessary steps to avoid damage or destruction to existing trees to be preserved as shown on the site plan. Tree protection fencing, notes and details shall be shown on the landscape plan.

(Ord. No. 15-97, § 12, 6-16-97; Ord. No. 13-12, § 1, 1-7-13; Ord. No. 15-16, 11-7-16; Ord. No. 9-25, § 4, 7-7-25)

Standards for issuing special use permits for radio, television, microwave or wireless communication towers shall be as follows:

(1)

Information required. In addition to any information required for applications for special use permits pursuant to this section, and subsection 90-304, applicants for a special use permit for towers, structures or other facilities shall submit the following information:

(a)

A scaled site plan clearly indicating the location, type and height of the proposed facility, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed facility and any other structures, topography, parking and other information deemed to be necessary to assess compliance with this ordinance.

(b)

Legal description of the parcel.

(c)

A landscape plan showing specific landscape materials.

(d)

Method of fencing and finished color and, if applicable, the method of camouflage and illumination.

(e)

A sworn statement by the applicant as to whether construction of the facility will accommodate location of additional antennas for future users.

(f)

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures for the services to be provided through the use of the proposed new tower.

(g)

A description of the feasible locations(s) of future towers or antennas within Wyoming, based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

(2)

Factors considered in granting special use permits for towers. In addition to any standards for consideration of special use permit applications in this Code, the planning commission shall consider the following factors in determining whether to issue a special use permit. The planning commission may waive or reduce the burden on the applicant of one or more of these criteria if the planning commission concludes that the goals of this subsection are better served thereby:

(a)

Height of the proposed tower;

(b)

Proximity of the tower to residential structures and residential district boundaries;

(c)

Nature of uses on adjacent and nearby properties;

(d)

Surrounding topography;

(e)

Surrounding tree coverage and foliage;

(f)

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(g)

Proposed ingress and egress;

(h)

Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of facilities or structures.

(3)

Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the planning commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the planning commission related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

(a)

No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

(b)

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(c)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(d)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing facilities or structures, or the antenna on the existing facilities or structures would cause interference with the applicant's proposed antenna.

(e)

The fees, costs, or contractual provision required by the owner in order to share an existing tower or structure or to adapt an existing facility or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(f)

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(g)

The applicant demonstrates that an alternative technology that does not require the use of towers or structures (e.g. a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system) is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(Code 1983, § 60.99; Ord. No. 15-97, § 15, 6-16-97; Ord. No. 21-98, § 8, 10-5-98)

Exterior house or yard lighting shall be arranged or shielded to reflect away from and not illuminate adjoining properties.

(Ord. No. 15-16, 11-7-16)

In all Commercial and Industrial Zone Districts; commercial areas of planned unit developments; and other locations where permitted with limitations, mobile food vendors are permitted subject to compliance with the following standards:

(1)

Permits shall be valid for 12 consecutive months and shall be renewed annually.

(2)

Hours of mobile food vendor operation shall be between 7:00 a.m. and 9:00 p.m.

(3)

Operations shall only occur on paved lots and shall not reduce the area required for parking for any other use on the lot.

(4)

Operations shall be at least 200 feet from any permanent restaurant lawfully existing at the time the permit or renewal permit was issued and must be at least 200 feet from any K-12 school, and at least 50 feet from any residential zoning district.

(5)

Operations shall not obstruct the visibility of motorists, nor obstruct parking lot circulation or block access to a public street, alley, fire hydrant, or sidewalk.

(6)

Food preparation shall not occur outside of the mobile food vendor vehicle, except for the use of a grill or smoker attached to the mobile food vendor vehicle.

(7)

Signs must be permanently affixed to or painted on the mobile food unit and shall not project from the vehicle.

(8)

Operators shall be responsible for the storage and daily disposal of all trash, refuse, and litter.

(9)

No mobile food vendor unit may be stored after hours on any operations site, except as permitted under this section.

(10)

Mobile food vendors may be stored when not in operation on the property of the associated brick and mortar restaurant, provided they have an active Mobile Food Vending License and are stored in the rear yard.

(Ord. No. 14-23, § 1, 12-4-23)

In the B-1, B-2, and B-3 Zoning Districts, outdoor cookers may be utilized when accessory to a brick-and-mortar restaurant following special use approval. All outdoor cookers are subject to compliance with the following standards:

(1)

All outdoor cookers must be accessory to an existing brick-and-mortar business. The outdoor cooker must be located on the same property as the restaurant.

(2)

Outdoor cookers may not be located in a yard space with street frontage.

(3)

All outdoor cooking operations must be at least ten feet from any building.

(4)

No structure, tent, overhang, or canopy may cover an outdoor cooking operation.

(5)

All outdoor cooking operations must be at least five feet away from egress paths and public way.

(6)

If outdoor cooking operation is to be located in a parking lot, at least one parking space on each side of cooking operation must be blocked off with at least nine feet of width on each side.

(7)

Outside storage of combustible materials shall not be located within ten feet of lot line. Storage distance may be reduced by three feet if storage is stacked less than six feet in height.

(8)

Storage of wood must be located at least ten feet from outdoor cooking operation and at least five feet from all combustible buildings.

(9)

All outdoor cookers must be equipped with a spark arrestor on the smoke stack of each unit.

(10)

One steel trash can with cover for hot ash disposal must be provided with each outdoor cooking unit.

(11)

One water can fire extinguisher must be provided within five feet of all outdoor cooking operations. One 3a40bc extinguisher must also be provided if propane is utilized as a fuel source to outdoor cooking operation.

(Ord. No. 16-22, 10-03-2022)

All permanent supportive housing, transitional housing, and emergency shelters shall submit a good neighbor plan to the city planner on an annual basis for approval.

(Ord. No. 1-23, § 4, 2-6-23)

Accessory Dwelling Unit (ADU): a house or apartment that shares a building lot with, and is incidental to, a larger primary dwelling unit.

(1)

General Requirements:

(a)

ADUs are allowed only in single-family uses.

(b)

Any ADU that is not owner-occupied is subject to rental/housing inspections.

(c)

Short term rental of ADUs is prohibited.

(d)

No more than 1 ADU may be permitted per lot.

(e)

The minimum square footage of an ADU shall be 350 square feet, as per Sec. 90-204.

(f)

Entrances to ADUs located on the front face of the primary structure are prohibited.

(g)

ADUs must be contained entirely within or attached directly to the primary structure.

(h)

The setbacks for the ADU shall be the same as the primary structure.

(i)

The maximum square footage of the ADU shall be whichever is least:

(i)

850 square feet or

(ii)

Remaining square footage allowed by maximum lot coverage.

(j)

ADUs may not have more than 1 bedroom.

(k)

There must be a dedicated, off-street parking space for each dwelling unit. An off-street parking space that is obstructed by another parking space does not meet this requirement.

(Ord. No. 3-25, § 2, 1-21-25)

Event centers, nightclubs, and other similar uses shall be subject to the following regulations:

(1)

Any use that falls into either of the following categories shall submit a security and crowd management plan to the City Planner and the Department of Public Safety on an annual basis for approval:

a.

A use that exceeds 250 people in assembly or occupant capacity, or

b.

A use that has required responses from public safety personnel on three separate occasions within one year.

(2)

The security and crowd management plan shall include the following overall security provisions:

a.

Building and Property Ingress and Egress Management.

b.

Crowd Control Measures.

1.

For uses with an outdoor component, the plan shall provide measures to control the sale and consumption of any alcoholic beverages on site.

c.

Emergency Action Plans.

d.

Noise Abatement.

1.

The plan shall provide noise abatement measures so as to not negatively impact neighboring properties.

e.

Private Security Management.

i.

Exterior security cameras shall be provided and shown on the plan.

ii.

Privately-hired security personnel shall be licensed, bonded, and maintain a minimum ratio of 1 guard for every 100 people designated by the building's occupancy, unless otherwise specified by the Department of Public Safety.

(3)

Any substantial change to the use as determined by the City Planner shall require a resubmission of the security and crowd management plan.

(Ord. No. 8-25, § 3, 7-7-25)