It is recognized that there are certain uses that, due to size, location, use, or intensity, may adversely impact surrounding properties if not regulated. Such uses are generally listed within this chapter as special uses within specified zoning districts. This article states specific standards for approval of such uses in order to eliminate or mitigate any potential adverse impacts these uses may have on surrounding properties.

The uses in this article, whether specifically allowed as permitted uses, permitted accessory uses, or special uses in any zoning district, may only be approved, established, operated, used, expanded or enlarged in accordance with the specific provisions listed in this article.

A

_____

Adult drop-in centers or neighborhood counseling centers are subject to the conditions hereinafter imposed:

(a)

Access to and from the site must be directly to a major street as defined in §122-673, or to a major street through an HHS or a nonresidential district. In no event may access be through an R1, MD, CN, CN-Mid, or CN-SF district.

(b)

Social services, such as food and/or clothing distribution or other similar services, are permitted only if the planning commission should find that adequate ingress and egress, parking, and indoor waiting and storage areas are provided.

Adult foster care small homes with more than six persons for whom care is being provided, adult foster care large group homes, and adult foster care congregate facilities are subject to the conditions hereinafter imposed:

(a)

All such facilities must be registered with or licensed by the state and must comply with the minimum state standards for such facilities and the building code.

(b)

For each adult cared for, the square footage of outdoor recreation or relaxation area required by the building code and licensing agency must be provided in the rear, side, or street side yard. Such outdoor space must be fenced and screened from any adjacent lot.

(c)

If the owner of the property does not reside on the premises, the owner must appoint a resident manager, who must reside on the premises. The property owner must provide the name and contact information of this person to the building department, and keep such information up-to-date.

(d)

Uses must not be located within 200 feet of property zoned R1 or CN-SF.

(e)

All new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be harmonious with other buildings in the neighborhood.

(f)

Screening in accordance with §122-634 shall be provided along all rear and side yard boundaries between the proposed use and property either zoned or used for single-family and two-family purposes.

(a)

Purpose. It is the purpose of this section to regulate adult regulated uses in order to promote the health, safety, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of adult regulated uses within the city. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this division to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this division to condone or legitimize the distribution of obscene material.

(b)

Findings and rationale. Based on evidence of the adverse secondary effects of adult regulated uses presented in hearings and reports made available to the City Council, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); Sewell v. Georgia, 435 U.S. 982 (1978); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Dallas v. Stanglin, 490 U.S. 19 (1989); and

Big Dipper Entertainment, LLC v. City of Warren, 641 F.3d 715 (6th Cir. 2011); Entertainment Productions, Inc. v. Shelby County, 721 F.3d 729 (6th Cir. 2013); 84 Video/Newsstand, Inc. v. Sartini, 455 F. App'x 541, 552 (6th Cir. 2011); East Brooks Books, Inc. v. Shelby County, 588 F.3d 360 (6th Cir. 2009); Entm't Prods., Inc. v. Shelby County, 588 F.3d 372 (6th Cir. 2009); Richland Bookmart, Inc. v. Knox County, 555 F.3d 512 (6th Cir. 2009); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. 2008); Deja Vu of Nashville, Inc. v. Metropolitan Gov't of Nashville and Davidson County, 466 F.3d 391 (6th Cir. 2006); Big Dipper Entm't, LLC v. City of Warren, 658 F. Supp. 2d 831 (E.D. Mich. 2009); Flanigan's Enters., Inc. v. Fulton County, 596 F.3d 1265 (11th Cir. 2010); Deja Vu of Cincinnati, L.L.C. v. Union Township Bd. Of Trustees, 411 F.3d 777 (6th Cir. 2005) (en banc); Little Mack Entm't II, Inc. v. Twp. of Marengo, 2008 WL 2783252 (W.D. Mich. July 17, 2008); Fantasy Ranch, Inc. v. City of Arlington, 459 F.3d 546 (5th Cir. 2006); City of Chicago v. Pooh Bah Enterprises, Inc., 865 N.E.2d 133 (Ill. 2006); Andy's Restaurant & Lounge, Inc. v. City of Gary, 466 F.3d 550 (7th Cir. 2006); 181 South, Inc. v. Fischer, 454 F.3d 228 (3rd Cir. 2006); Bronco's Entm't, Ltd. v. Charter Twp. of Van Buren, 421 F.3d 440 (6th Cir. 2005); Charter Twp. of Van Buren v. Garter Belt, Inc., 258 Mich. App. 594 (2003); Jott, Inc. v. Clinton Twp., 224 Mich. App. 513 (1997); Michigan ex rel. Wayne County Prosecutor v. Dizzy Duck, 449 Mich. 353 (1995); Gora v. City of Ferndale, 456 Mich. 704 (1998); Rental Property Owners Ass'n of Kent County v. City of Grand Rapids, 455 Mich. 246 (1996); 15192 Thirteen Mile Road, Inc. v. City of Warren, 626 F. Supp. 803 (E.D. Mich. 1985); City of Warren v. Executive Art Studio, Inc., No. 197353, 1998 WL 1993022 (Mich. App. Feb. 13, 1998); Tally v. City of Detroit, 54 Mich. App. 328 (1974); Z.J. Gifts D-2, L.L.C. v. City of Aurora, 136 F.3d 683 (10th Cir. 1998); ILQ Investments, Inc. v. City of Rochester, 25 F.3d 1413 (8th Cir. 1994); Kentucky Restaurant Concepts, Inc. v. City of Louisville, 209 F. Supp. 2d 672 (W.D. Ky. 2002); Restaurant Ventures v. Lexington-Fayette Urban County Gov't, 60 S.W.3d 572 (Ky. Ct. App. 2001); Deja Vu of Nashville, Inc., et al. v. Metropolitan Government of Nashville and Davidson County, 274 F.3d 377 (6th Cir. 2001); Ctr. for Fair Public Policy v. Maricopa County, 336 F.3d 1153 (9th Cir. 2003); Bigg Wolf Discount Video Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997); Brandywine, Inc. v. City of Richmond, 359 F.3d 830 (6th Cir. 2004); Currence v. City of Cincinnati, 28 Fed. Appx. 438 (6th Cir. Jan. 24, 2002); Broadway Books v. Roberts, 642 F. Supp. 486 (E.D. Tenn. 1986); Bright Lights, Inc. v. City of Newport, 830 F. Supp. 378 (E.D. Ky. 1993); Bamon Corp. v. City of Dayton, 923 F.2d 470 (6th Cir. 1991); Triplett Grille, Inc. v. City of Akron, 40 F.3d 129 (6th Cir. 1994); O'Connor v. City and County of Denver, 894 F.2d 1210 (10th Cir. 1990); Threesome Entertainment v. Strittmather, 4 F. Supp. 2d 710 (N.D. Ohio 1998); Lady J. Lingerie, Inc. v. City of Jacksonville, 973 F. Supp. 1428 (M.D. Fla. 1997), aff'd in part, rev'd in part, 176 F.3d 1358 (11th Cir. 1999); In re Tennessee Public Indecency Statute, 172 F.3d 873 (6th Cir. Jan. 13 1999)(table); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007); H&A Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. 2007); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); DCR, Inc. v. Pierce County, 964 P.2d 380 (Wash. Ct. App. 1998); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999); Taylor v. State, No. 01-01-00505-CR, 2002 WL 1722154 (Tex. App. July 25, 2002); Fantasyland Video, Inc. v. County of San Diego, 505 F.3d 996 (9th Cir. 2007); U.S. v. Baston, 818 F.3d 651 (11th Cir. 2016); HH-Indianapolis, LLC v. Consol. City of Indianapolis/Marion County, 889 F.3d 432 (7th Cir. 2018); HH-Indianapolis, LLC v. Consol. City of Indianapolis/Marion County, 265 F. Supp. 3d 873 (S.D. Ind. 2017); Johnson v. California State Bd. of Accountancy, 72 F.3d 1427 (9th Cir. 1995); Spencer v. World Vision, Inc., 633 F.3d 723 (9th Cir. 2010); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Warren Gifts, LLC v. City of Warren, No. 2:02-cv-70062, R. 26 (E.D. Mich. June 21, 2002) (denying motion for preliminary injunction); Z.J. Gifts D-4, L.L.C. v. City of Littleton, Civil Action No. 99-N-1696, Memorandum Decision and Order (D. Colo. March 31, 2001); People ex rel. Deters v. The Lion's Den, Inc., Case No. 04-CH-26, Modified Permanent Injunction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005); Reliable Consultants, Inc. v. City of Kennedale, No. 4:05-CV-166-A, Findings of Fact and Conclusions of Law (N.D. Tex. May 26, 2005);

and based upon reports concerning secondary effects occurring in and around adult regulated uses, including, but not limited to, "Correlates of Current Transactional Sex among a Sample of Female Exotic Dancers in Baltimore, MD," Journal of Urban Health (2011); "Does the Presence of Sexually Oriented Businesses Relate to Increased Levels of Crime?" Crime & Delinquency (2012) (Louisville, KY); Metropolis, Illinois - 2011-12; Manatee County, Florida - 2007; Hillsborough County, Florida - 2006; Clarksville, Indiana - 2009; El Paso, Texas - 2008; Memphis, Tennessee - 2006; New Albany, Indiana - 2009; Louisville, Kentucky - 2004; Fulton County, GA - 2001; Chattanooga, Tennessee - 1999-2003; Jackson County, Missouri - 2008; Ft. Worth, Texas - 2004; Kennedale, Texas - 2005; Greensboro, North Carolina - 2003; Dallas, Texas - 1997; Houston, Texas - 1997, 1983; Phoenix, Arizona - 1995-98, 1979; Tucson, Arizona - 1990; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Oklahoma City, Oklahoma - 1986; New York, New York Times Square - 1994; the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota); Dallas, Texas - 2007; "Rural Hotspots: The Case of Adult Businesses," 19 Criminal Justice Policy Review 153 (2008); "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota; "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000; Sex Store Statistics and Articles; Indianapolis / Marion County Board of Zoning Appeals Documents; Law Enforcement and Private Investigator Affidavits (Adult Cabarets in Forest Park, GA and Sandy Springs, GA); and Strip Club-Trafficking Documents,

the city council finds:

(1)

Adult regulated uses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, human trafficking, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation. Alcohol consumption impairs judgment and lowers inhibitions, thereby increasing the risk of adverse secondary effects. There is documented evidence of adult regulated uses manipulating their inventory and/or business practices to avoid regulation while retaining their essentially sexually oriented, adult nature.

(2)

Adult regulated uses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other adult regulated uses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of adult regulated uses in one area.

(3)

Each of the foregoing secondary effects constitutes a harm which the city has a substantial government interest in preventing and/or abating. The city's interest in regulating adult regulated uses extends to preventing future secondary effects of either current or future uses subject to these regulations that may locate in the city. The city finds that the cases and documentation relied on in this section are reasonably believed to be relevant to said secondary effects. The city adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of adult regulated uses, including the judicial opinions and reports related to such secondary effects.

(c)

Uses subject to these regulations are as follows:

(1)

Adult: Adult book or supply store, adult hotels or motels, adult motion picture theater/adult live stage performing theater, adult mini-motion picture theater, and cabarets.

(2)

Massage parlors and massage establishments.

(3)

Pawnshops.

(d)

No adult regulated use may operate within 1,000 feet of any other adult regulated use. Measurement of the 1,000-foot radius must be made from the closest part of the structure occupied by an adult regulated use to the closest part of the structure occupied by another adult regulated use. The planning commission may waive this requirement for pawnshops if the following findings are made that:

(1)

The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this article is observed.

(2)

The proposed regulated use will not enlarge or encourage the development of a "skid-row" or blighted area.

(3)

The establishment of an additional adult regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban revitalization.

(4)

All applicable regulations of this chapter will be observed.

The planning commission may not waive this locational requirement for adult uses, cabarets, massage parlors, or massage establishments.

(e)

No adult regulated use may operate within 500 feet of any R1, HHS, P, MD, CN, CN-Mid and CN-SF district; nor may any adult regulated use operate within 500 feet of any school, park, library, playground, movie theater, licensed child care facility, or any other area or use where minor children are likely to congregate; nor may any adult regulated use operate within 500 feet of any religious institution. Measurement must be from the closest part of any structure occupied by the adult regulated use to the closest boundary line or property line of the districts and uses listed above. The zoning and/or use of land in adjacent jurisdictions shall not disqualify any location within the City of Ypsilanti from being available to an adult regulated use. Pawnshops are not subject to these locational requirements.

(f)

The building and premises must be designed and constructed so that material depicting specified sexual activities or specified anatomical areas cannot be observed by pedestrians or from vehicles on any public right-of-way.

(g)

No person may reside in or permit any person to reside in the premises of an adult regulated use.

(h)

Such uses must comply with all applicable federal, state, and local licensing regulations. For massage parlors/massage establishments and for pawnshops, initial and annual proof of such compliance must be a condition of special use approval and the continuance thereof.

(i)

Upon finding that any condition, safeguard, or requirement has been breached, the building department can revoke any occupancy permit. All operations must cease 14 days following such notification of revocation by the building department, unless such violations are corrected. Also, if violations are not corrected within 14 days, reinstatement of a revoked occupancy permit for a massage parlor/massage establishment or for a pawnshop must require a new special use application and approval thereof.

(Ord. No. 1379, 9-14-2021)

Alternative energy production is subject to the conditions hereinafter imposed:

(a)

Photovoltaic production.

(1)

Attached accessory photovoltaic structures are permitted in all zoning districts when meeting the following requirements:

(i)

Positioning. All attached photovoltaic structures positioning and attachment must meet building department requirements for snow loads and wind loads.

(ii)

Height. All attached photovoltaic structures must meet the following height regulations by type:

(b)

Maximum. The maximum height of photovoltaic roof paneling installed on a sloped roof or flat roof of a building is ten feet above the maximum building height allowed for that zoning district or building type. Photovoltaic panels attached to the side of a structure must not project vertically above the building height allowed for that zoning district or building type.

(2)

Detached accessory photovoltaic structures, when mounted top-of-pole for outdoor lights, are permitted in all zoning districts. In no instance may such panels exceed 20 feet in height.

(3)

Solar farms. On sites where the primary use is photovoltaic energy production, all structures must meet the height requirement of the zoning district.

(i)

Abandonment. Any freestanding photovoltaic system which is not used for six (6) months will be deemed to be abandoned. The applicant/permit holder will be so notified in writing by the municipality and requested to dismantle the site and return it to its original state. If there are mitigating circumstances as to why the site has not been used, the applicant/permit holder may contact the municipality and request a three-month extension. If a site has been deemed abandoned and no request for an extension is received, the applicant/permit holder will again be notified to dismantle the site and return it to its original state. If the applicant/permit holder does not do this, the municipality will have the removal and restoration done at the owner/applicant's expense. Removal will include removing posts, equipment, panels, foundations and other items so that the ground is restored to its preconstruction state and is ready for development as another land use.

(c)

Solar water heating. Attached accessory solar water heating systems are permitted in all zoning districts. Solar collectors installed on a sloped roof of a building must not project vertically above the peak of the roof. Solar collectors attached to a flat roof must not project vertically more than ten feet above the roof. Solar panels attached to the side of a structure must not project vertically above the building height allowed for that zoning district or building type.

(d)

Wind energy production. Attached accessory wind energy production structures are permitted in all zoning districts, subject to height limitations.

(e)

Geothermal energy production. Attached accessory geothermal energy production systems are permitted in all zoning districts.

(f)

Other methods. Other methods of alternative energy production may be submitted to the city planner and, at their discretion, may be approved, approved subject to another city department(s) review, approved subject to planning commission review, or denied

Auction houses are subject to the conditions hereinafter imposed:

(a)

The applicant shall provide a use statement with the following information:

•

The maximum capacity of the facility;

•

Number and frequency of the auctions;

•

Method for providing parking during auctions;

•

An acknowledgement that any outdoor activities are subject to the requirements for open-front or open-air businesses, and that such are only permitted in certain zoning districts and may have additional requirements.

Automobile service and repair are subject to the conditions hereinafter imposed:

(a)

All lubrication equipment, hoists, and pits must be enclosed entirely within a building. All repair operations must take place within a completely enclosed building, and such building must not be located within 100 feet of any interior lot line abutting a residentially zoned district.

(b)

The entire lot, excluding areas occupied by landscaping and building, must be hard-surfaced with concrete or plant-mixed bituminous material. Curbs of at least six inches in height must be installed around the perimeter of all surfaced areas. Drainage must be provided in accordance with §122-683.

(c)

The storage, sale or rental of new or used automobiles, trucks, trailers, and any other vehicles on the premises is prohibited. Vehicles awaiting repair, or inoperable, wrecked, or partially dismantled vehicles, must not be stored or parked outside for a period exceeding seven days.

Automobile filling stations are subject to the conditions hereinafter imposed:

(a)

The curb cuts are not permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances must be no less than 25 feet from a street intersection (measured along the road right-of-way). Drives must be no less than 20 feet wide, nor wider than 30 feet at the right-of-way line. No more than one such drive or curb opening may be permitted for every 75 feet of frontage along any street or in accordance with county or state requirements, whichever is greater.

(b)

The entire lot, excluding areas occupied by landscaping and building, must be hard-surfaced with concrete or plant-mixed bituminous material. Curbs of at least six inches in height must be installed around the perimeter of all surfaced areas. Drainage must be provided in accordance with §122-683.

(c)

All fuel pumps must be located not less than 15 feet from any lot line; provided however, that fuel pumps may not be located less than 40 feet from any interior lot line which abuts residentially zoned property, nor closer than 100 feet from any religious institution, theater, hall, or other place of public assembly.

(d)

A rigid canopy which covers the fuel dispensing area is permitted provided that the lowest edge of such canopy must be a minimum of 14 feet above grade. All support structures for canopies must be located so as not to obscure the vision of motorists using any nearby streets, driveways, or maneuvering aisles.

(1)

For service stations located within a NC zoning district, the nearest edge of any canopy must be set back a minimum of ten feet from any lot line.

(2)

For service stations located within a GC zoning district, the nearest edge of any canopy must be set back a minimum of 15 feet from any lot line.

(e)

The storage, sale, or rental of new or used automobiles, trucks, trailers, or any other vehicles on the premises is prohibited. Inoperable, wrecked or partially dismantled vehicles must not be stored or parked outside for a period exceeding two days.

Automobile wash establishments are subject to the conditions hereinafter imposed:

(a)

All washing activities must be carried out within a building. Vacuuming activities may be permitted outdoors, provided such activities are located at least 50 feet from adjacent R1, P, MD, CN, CN-Mid and CN-SF districts or property with first-floor residential uses.

(b)

The entire lot, excluding areas occupied by landscaping and building, must be hard surfaced with concrete or plant-mixed bituminous material. Curbs of at least six inches in height must be installed around the perimeter of all surfaced areas. Drainage must be provided in accordance with §122-683.

(c)

Sufficient space must be provided on the lot so that vehicles do not enter or exit the wash building directly from an adjacent street or alley. All maneuvering areas, stacking lanes, and exit aprons must be located on the car wash parcel itself. Streets and alleys may not be used for maneuvering or parking by vehicles to be serviced by the automobile wash.

Editor's note— Ord. No. 1385, adopted March 1, 2022, repealed § 122-518, which pertained to automobile parking garages.

A parking lot as a principal use is permitted subject to the conditions hereinafter imposed:

(a)

Parking lots must meet all dimensional requirements for off-street parking in accordance with article VI, division 7 of this chapter.

(b)

Parking lots must contain an amount of bicycle spaces equal to five percent of the number of vehicle spaces year-round; another five percent must be provided April—October, with that area being used for snow storage or additional vehicle parking during the winter months.

(c)

Parking lots must contain twice the number of barrier-free parking spaces as would be required under Michigan Barrier-Free code, with no fewer than two barrier-free spaces being provided.

B

_____

Bed and breakfast lodgings and inns are subject to the conditions hereinafter imposed:

(a)

When located within the CN, CN-Mid, CN-SF, or R1 zoning districts the structure to be used as a bed and breakfast lodging must be the principal residence of the owner/operator; in all other zoning districts, it must be the principal residence of the owner/operator or a resident manager. In either case, such party must live on the premises when the bed and breakfast lodging is in operation. A minimum of 450 square feet of living space must be reserved for the owner/operator's or resident manager's quarters.

(b)

If the owner of the property does not reside on the premises, the property owner must provide the name and contact information of resident manager to the building department, and keep such information up-to-date.

(c)

Rooms used for sleeping must have a minimum of 100 square feet for two occupants, plus an additional 50 square feet for each additional occupant.

(d)

When located within the CN, CN-Mid, CN-SF, or R1 zoning districts, food may only be served to guests staying at the bed and breakfast lodging. There may not be separate cooking facilities for the bed and breakfast lodging other than those which serve the principal residence. In other districts, the establishment may operate a restaurant on the premises, provided that all requirements of this chapter related to restaurants, as well as any other applicable regulations, are met; and provided that no expansion of the residential building in order to accommodate a restaurant is made.

C

_____

Child care centers and group day care homes are subject to the conditions hereinafter imposed:

(a)

All child care centers and, group day care homes must be registered with or licensed by the state department of social services and must comply with the minimum state standards for such facilities.

(b)

The square footage of outdoor recreation area required by the building code and licensing agency must be provided in the rear, side, or street side yard. Such outdoor space must be fenced and screened from any adjacent lot.

D

_____

(a)

Generally. Nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with the State of Michigan laws and rules. Also, since Federal law is not affected by the Act or the General Rules, nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law.

(b)

The following standards for a designated consumption establishment apply:

(1)

The facility shall operate at all times in compliance with the General Rules of the Michigan Department of Community Health, the MTA, the MRTMA as well as any and all administrative rules or regulations contained or adopted under the authority therein;

(2)

The site shall not be located within 1,000 feet of a school, as measured from the outermost boundaries of the lot or parcel on which the designated consumption establishment is located to the outermost boundaries of the lot or parcel on which the school is located;

(3)

The designated consumption establishment site shall not be located within 500 feet of a lawfully existing designated consumption establishment as measured from the outermost boundaries of the lot or parcel on which the proposed designated consumption establishment is located to the outermost boundaries of the lot or parcel on which the lawfully existing designated consumption establishment is located;

(4)

All activity related to the designated consumption establishment shall be done indoors;

(5)

The premises shall be open for inspection upon request by the building official, the fire department and law enforcement officials for compliance with all applicable laws and rules, during the stated hours of operation/use and as such other times as anyone is present on the premises;

(6)

All marihuana shall be contained within the main building in an enclosed, locked facility in accordance with the General Rules of the Michigan Department of Community Health, the MTA, the MRTMA as well as any and all administrative rules or regulations contained or adopted under the authority therein;

(7)

All designated consumption establishment licenses must be registered with and licensed by the State Department of Licensing and Regulatory Affairs, as well as be permitted under chapter 7 of the City Code of Ordinances;

(8)

The dispensing of marihuana shall be prohibited;

(9)

The designated consumption establishment and site shall not be altered or expanded without approval from the planning commission, subject to section 122-328.

(Ord. No. 1354, 1-21-2020; Ord. No. 1370, 12-1-2020)

Editor's note— Ord. No. 1354, adopted Jan. 21, 2020, enacted a new §§ 122-522, 122-525, 122-536, and 122-548—122-551 and renumbered §§ 122-522—122-549 as set out herein.

Drive-through or drive-in facilities in combination with any kind of other use are subject to the conditions hereinafter imposed:

(a)

Uses must not be located within 100 feet of property zoned CN, CN-Mid, CN-SF, or R1 district, measured from the lot line.

(b)

Off-street loading and stacking spaces must be provided in accordance with §122-694.

(c)

Canopies and support structures associated with drive-through facilities must meet all minimum yard setback requirements for principal buildings. The lowest edge of a canopy must be at least 12 feet above grade.

(d)

The sound from amplification equipment must not be audible beyond the boundaries of the site.

(e)

Uses must have direct access to a major thoroughfare in accordance with §122-673. Ingress and egress curb cuts to the site must be located at least 60 feet from the intersection of any two streets, measured along the nearest right-of-way line.

(f)

Any drive-through or drive-in facilities in C, HC, NC, GC must also provide for walk-up and bicycle users.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020)

Editor's note— See editor's note to § 122-522.

E

_____

(a)

General provisions. Essential services which are located underground or involve the customary placing of utility poles in public rights-of-way or public easements or the placing of utility boxes in the rear of private properties, and which are reasonably necessary for the furnishing of adequate services for the public health, safety, or welfare must be permitted as authorized and regulated by law and other ordinances of the city in any zoning district.

(b)

Public utility buildings. The planning commission may authorize the erection, maintenance, and use of a building, or an alteration or addition to an existing building by a public utility as a special use and after site plan review in any zoning district, including a building with a height greater than otherwise permitted in the zoning district; provided that the planning commission finds that such building is necessary at a selected location, will not be injurious to the surrounding neighborhood, and is not contrary to the spirit or purpose of this chapter. Where possible, such buildings must be located in predominantly non-residential areas, rather than predominantly residential or multifamily areas.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020)

Editor's note— See editor's note to § 122-522.

(a)

Generally. Nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with the State of Michigan laws and rules. Also, since federal law is not affected by the Act or the General Rules, nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law.

(b)

The following standards for an excess marihuana grower apply:

(1)

The facility shall operate at all times in compliance with the General Rules of the Michigan Department of Community Health, the MTA, the MRTMA as well as any and all administrative rules or regulations contained or adopted under the authority therein;

(2)

The excess marihuana grower site shall not be located within 1,000 feet of a school, as measured from the outermost boundaries of the lot or parcel on which the excess marihuana grower facility is located to the outermost boundaries of the lot or parcel on which the school is located;

(3)

Use of marihuana is prohibited on the premises unless otherwise noted;

(4)

All activity related to the excess marihuana grower facility shall be done indoors;

(5)

The premises shall be open for inspection upon request by the building official the fire department and law enforcement officials for compliance with all applicable laws and rules, during the stated hours of operation/use and as such other times as anyone is present on the premises;

(6)

Drive-through and walk-up or similar facilities shall be prohibited;

(7)

All marihuana shall be contained within the main building in an enclosed, locked facility in accordance with the General Rules of the Michigan Department of Community Health, the MTA, the MRTMA as well as any and all administrative rules or regulations contained or adopted under the authority therein;

(8)

That portion of the structure where the storage of any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the Ypsilanti fire department to ensure compliance with the Michigan Fire Protection Code;

(9)

All excess marihuana grower facilities must be registered with and licensed by the State Department of Licensing and Regulatory Affairs, as well as be permitted under chapter 7 of the City Code of Ordinances;

(10)

The dispensing of marihuana shall be prohibited;

(11)

There shall be no other accessory uses permitted within the same building, other than those clearly necessary for continued operation, such as offices, employee facilities, and storage;

(12)

The excess marihuana grower facility and site shall not be altered or expanded without approval from the planning commission, subject to section 122-328.

(Ord. No. 1354, 1-21-2020; Ord. No. 1370, 12-1-2020)

Editor's note— See editor's note to § 122-522.

F

_____

Firearms ranges are subject to the conditions hereinafter imposed:

(a)

Five hundred feet away from public parks, daycare centers, grade schools, Eastern Michigan University, and the center district; and

(b)

Five hundred feet away from a store less than 15,000 square feet with sales of alcohol, or a bar/lounge; and

(c)

One thousand feet away from other firearms ranges or firearms sales establishments.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020)

Editor's note— See editor's note to § 122-522.

Firearms sales establishments are subject to the conditions hereinafter imposed:

(a)

Five hundred feet away from public parks, daycare centers, grade schools, Eastern Michigan University, and the center district; and

(b)

Five hundred feet away from pawn stores or secondhand goods dealers; and

(c)

Five hundred feet away from a store less than 15,000 square feet with sales of alcohol, or a bar/lounge; and

(d)

One thousand feet away from other firearms sales establishments or firearms ranges.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020)

Editor's note— See editor's note to § 122-522.

G

_____

(a)

Duration. Each occasion may not take place for a period of time longer than 12 hours per day for a maximum of three consecutive days.

(b)

Number. There must be no more than three occasions per year on any premises.

(c)

Hours. All articles or property that are offered for sale must be totally enclosed within a lawful structure or building between the hours of dusk to dawn.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020)

Editor's note— See editor's note to § 122-522.

The goal of this standard is to clarify within existing districts that gardening is allowed as an accessory use and to allow for interim or long term low-intensity gardens and/or community gardens on vacant lots in R1, CN, CN-Mid, and CN-SF districts as long as the use provides minimal impacts to residential character, and minimal increase in traffic in and around related parcels.

Furthermore, the City of Ypsilanti is an urban environment, and while these provisions are intended to support the local food system, it is not the intent of these standards to create agricultural districts within the city. Additionally, if any gardening or related use invokes the State Right-to-Farm Act, then this section and related sections in this chapter are to become null and void.

(a)

All principal use gardens/community gardens in R1, CN, CN-Mid, and CN-SF districts must maintain a three foot setback on street frontages as well as meet traffic visibility regulations detailed in §122-675. Further, they shall not encroach onto adjacent parcels or sights-of-way.

(b)

Sale of goods grown in a garden/community garden is prohibited on garden sites in residential districts. Sales of goods from greenhouse in business or other districts are subject to underlying district requirements.

(c)

The property shall be maintained in an orderly and neat condition and shall not be detrimental to the physical environment or to public health and general welfare, and remains subject to compliance with the Property Maintenance Code, noise ordinance, and related ordinances.

(d)

The property shall be maintained so as to prevent the free flow of storm water, irrigation water, chemicals, dirt, or mud across or onto adjacent lots, properties, public streets, or alleys.

(e)

Motorized equipment within a residential zoning district or residential planned unit development district shall be restricted to hours beginning at 8:00 a.m. and ending at 8:00 p.m.

(f)

Compost piles may only be used for waste generated on site, and are subject to accessory structure setbacks.

(g)

Gardens shall use integrated pest management techniques and best practices in accordance with chapter 110, article IV of this Code.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020)

Editor's note— See editor's note to § 122-522.

Group residences and roominghouses and are permitted subject to the following conditions:

(a)

The minimum usable floor area of the structure, size of common interior living space, and kitchen facilities must comply with the applicable building codes and fire codes adopted by the City of Ypsilanti. Kitchen facilities shall be provided on the premises for the residents therein.

(b)

Rooms for sleeping shall have a minimum square footage as required by the building code.

(c)

If the owner of the property does not reside on the premises, the owner must appoint a resident manager, who must reside on the premises. The property owner must provide the name and contact information of this person to the building department, and keep such information up-to-date.

(d)

A roominghouse or group residence permitted as a special use shall not be located within 200 feet of an R1 or CN-SF district.

(e)

For roominghouses or group residences permitted as a special land use access to and from the site shall be directly to a major street or to a major street through a CN, CN-Mid or nonresidential district. In no event shall access be through an R1 or CN-SF district.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020)

Editor's note— See editor's note to § 122-522.

H

_____

(a)

Prohibited home occupations. The following are not permitted as home occupations: animal grooming establishments, barber shops or beauty parlors with more than one stylist or chair, medical clinics or hospitals with more than one practitioner and one non-practicing staff, commercial stables, day care centers (except when properly permitted as family day care homes, group day care homes, adult foster care family homes, and adult foster care small group homes), kennels,, restaurants, vehicle repair or painting, retail or wholesale sales of any items stocked on the premises, landscape installation and maintenance businesses, construction contractors, snow removal, funeral homes, nursing homes, antique shops, bed and breakfast establishments, private clubs, trailer rentals, adult regulated uses, millinery and other apparel shops, veterinarian's office, clinic or hospital, any use involving the distribution of firearms or the storage of firearms intended for sale or distribution, or any use that endangers the health, safety, and welfare of any other persons residing in that area by reason of noise, noxious odors, unsanitary or unsightly conditions, fire hazards and the like. This section is not intended to prohibit offices related to the administration of construction contracting, landscaping, maintenance, or snow removal businesses.

(b)

Permitted home occupations. Any home occupation that is not specifically prohibited by subsection (a) of this section must be permitted if it meets the following standards:

(1)

All home occupations must obtain a business license from the city assessor; if the occupant is not the owner of the premises then consent must be obtained from the property owner to ensure the owner's knowledge of the use.

(2)

The home occupation must not change the outside appearance of the dwelling nor alter the residential character of the structure.

(3)

The home occupation must not be visible from the street.

(4)

The home occupation must be owned and operated only by a member or members of the immediate family residing on the premises.

(5)

No more than one other person may be employed or involved with such activity on premises other than a member of the immediate family residing in the dwelling unit.

(6)

All wholesale, jobbing or retail business must be conducted entirely by mail, telephone, electronically or by delivery.

(7)

Services and transactions must be conducted by appointment only, walk-in trade is prohibited.

(8)

The maximum area for home occupations must be calculated as 25 percent of the usable residential floor area of a dwelling unit or 300 feet whichever is less. Areas designated for home occupations may be located in any useable area of the home, the basement, or any accessory building.

(9)

No motor power other than electrically operated motors may be utilized. No single electrical motor used in the home occupation may exceed one horsepower. All electrical motors and equipment used in the conduct of the home occupation must be shielded so as not to cause radio or television interference for adjoining properties.

(10)

A home occupation must not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazards, or any other hazard or nuisance to any greater or more frequent extent than would normally be generated in the zoning district in which it is located.

(11)

In no case may a home occupation be open to the public earlier than 7:00 a.m. nor later than 9:00 p.m.

(12)

There must be no deliveries to or from the home occupation with a vehicle having more than two axles.

(13)

No merchandise or articles for sale may be displayed on the lot used for the home occupation.

(14)

The home occupation may increase vehicular traffic flow and parking by no more than two additional vehicles at a time.

(c)

Medical marijuana home occupation. In addition to the requirements in §122-531, medical marijuana home occupations must be subject to the following requirements:

(1)

The medical use of marijuana must comply at all times and in all circumstances with the Michigan Medical Marihuana Act and the General Rules of the Michigan Department of Community Health, as they may be amended from time to time.

(2)

A registered primary caregiver operating a medical marijuana home occupation must not be located within 1,000 feet of a school, as measured from the outermost boundaries of the lot or parcel on which the home occupation and school is located.

(3)

Not more than one primary caregiver per parcel may be permitted to grow or cultivate medical marijuana.

(4)

Not more than five qualifying patients may be assisted with the medical use of marijuana within any given calendar week.

(5)

All medical marijuana must be contained within an enclosed, locked facility inside a primary or accessory building.

(6)

All necessary building, electrical, plumbing and mechanical permits must be obtained for any portion of the building in which electrical wiring, lighting and/or watering devices that support the cultivation, growing or harvesting of marijuana are located.

(7)

If a room with windows is utilized as a growing location, any lighting methods that exceed usual residential periods between the hours of 11:00 p.m. and 7:00 a.m. must employ shielding methods, without alteration to the exterior of the residence, to prevent ambient light spillage that may create a distraction for adjacent residential properties.

(8)

That portion of the building where energy usage and heat exceeds typical residential use, such as grow room, and the storage of any chemicals such as herbicides, pesticides, and fertilizers must be subject to inspection and approval by the Ypsilanti fire department to ensure compliance with the Michigan fire protection code.

(9)

The premises must be open for inspection upon request by the building official, the fire department and law enforcement officials for compliance with all applicable laws and rules, during the stated hours of operation/use and as such other times as anyone is present on the premises.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020; Ord. No. 1374, 3-2-2021)

Editor's note— See editor's note to § 122-522.

Shelters for the homeless are permitted subject to the conditions hereinafter imposed:

(a)

The facility must be operated by a recognized human service agency, incorporated by the state, and which is not for profit.

(b)

Resident manager and support services must be provided 24 hours a day, seven days a week.

(c)

No such facility may be located within 1,000 feet of a similar facility.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020)

Editor's note— See editor's note to § 122-522.

I

_____

Indoor and outdoor recreation and gyms are subject to the conditions hereinafter imposed:

(a)

If the proposed use would attract persons from, or is intended to serve areas beyond the immediate neighborhood, the site shall have direct access to a major thoroughfare in accordance with §122-673.

(b)

The planning commission may reduce the number of off-street parking spaces required as specified in §122-692 in those instances with a finding that the users will originate from the immediately adjacent areas and will therefore be pedestrian.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020)

Editor's note— See editor's note to § 122-522.

J

_____

Junkyards are permitted subject to the conditions hereinafter imposed:

(a)

The minimum lot size must be one acre.

(b)

No junkyard may be located within 300 feet of a R1, HHS, P, MD, CN, CN-Mid and CN-SF district.

(c)

A minimum setback of 50 feet must be maintained between the front property line and the portion of the property on which junk materials are placed or stored. Outdoor storage areas must also conform to all other setback requirements for principal buildings.

(d)

All outdoor storage areas for junkyards must be screened by a six- to eight-foot obscuring wall constructed of masonry, concrete or other similar material.

(e)

All roads, driveways, parking lots, and loading and unloading areas must be paved or treated in a manner approved by the city building department so as to confine any wind-borne dust to within the boundaries of the site.

(f)

Proper access to all parts of the storage areas must be provided for fire and emergency services, as required by the building code.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020)

Editor's note— See editor's note to § 122-522.

K

_____

Commercial kennels are permitted subject to the conditions hereinafter imposed:

(a)

Any such kennel must be subject to all permit and operational requirements established by city, county, and state regulatory agencies.

(b)

Buildings in which animals are kept, animal runs, and exercise areas must not be located in any required yard setback areas, and must be located at least 300 feet from any dwellings and 100 feet from any buildings used by the public.

(c)

All outdoor animal runs or exercise areas must be fenced and secured at all times so that no animal contained therein may escape such enclosure.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020)

Editor's note— See editor's note to § 122-522.

L

_____

M

_____

(a)

Generally. Nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with the State of Michigan laws and rules. Also, since federal law is not affected by the Act or the General Rules, nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law.

(b)

The following standards for marihuana growing and/or processing facilities apply:

(1)

The facility shall operate at all times in compliance with the General Rules of the Michigan Department of Community Health, the MMMA, the MMFLA, the MTA, the MRTMA as well as any and all administrative rules or regulations contained or adopted under the authority therein;

(2)

The marihuana growing and/or processing facility site shall not be located within 1,000 feet of a school, as measured from the outermost boundaries of the lot or parcel on which the marihuana growing and/or processing facility is located to the outermost boundaries of the lot or parcel on which the school is located;

(3)

The marihuana growing and/or processing facility site shall not be located within 500 feet of a lawfully existing marihuana growing and/or processing facility as measured from the outermost boundaries of the lot or parcel on which the proposed marihuana growing and/or processing facility is located to the outermost boundaries of the lot or parcel on which the lawfully existing marihuana growing and/or processing facility is located. This requirement is waived in PMD zoning districts;

(4)

Use of marihuana is prohibited on the premises unless otherwise noted;

(5)

All activity related to the marihuana growing and/or processing facility shall be done indoors;

(6)

The premises shall be open for inspection upon request by the building official the fire department and law enforcement officials for compliance with all applicable laws and rules, during the stated hours of operation/use and as such other times as anyone is present on the premises;

(7)

Drive-through and walk-up or similar facilities shall be prohibited;

(8)

All marihuana shall be contained within the main building in an enclosed, locked facility in accordance with the General Rules of the Michigan Department of Community Health, the MMMA, the MMFLA, the MTA, the MRTMA, as well as any and all administrative rules or regulations contained or adopted under the authority therein;

(9)

That portion of the structure where the storage of any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the Ypsilanti fire department to ensure compliance with the Michigan Fire Protection Code;

(10)

All marihuana growing and/or processing facilities must be registered with and licensed by the State Department of Licensing and Regulatory Affairs, as well as be permitted under chapter 7 of the City Code of Ordinances;

(11)

The dispensing of marihuana shall be prohibited;

(12)

There shall be no other accessory uses permitted within the same building, other than those clearly necessary for continued operation, such as offices, employee facilities, and storage;

(13)

The marihuana growing and/or processing facility and site shall not be altered or expanded without approval from the Planning Commission, subject to section 122-328.

(Ord. No. 1354, 1-21-2020; Ord. No. 1370, 12-1-2020)

Editor's note— Ord. No. 1370, adopted Dec. 1, 2020, repealed the §§ 122-537 and 122-538, amended and renumbered §§ 122-536 as 122-540, 122-548—122-551 as 122-536—122-539, and renumbered §§ 122-539—122-547 as 122-541—122-549. The former §§ 122-537 and 122-538 pertained to medical marijuana provisioning centers and medical marijuana growing and/or processing facility, respectively, and derived from Ord. No. 1305, adopted April 3, 2018; Ord. No. 1333, adopted March 5, 2019; Ord. No. 1334, adopted March 5, 2019; Ord. No. 1335, adopted April 2, 2019; and Ord. No. 1354, adopted Jan. 21, 2020. The historical notation has been retained with the amended provisions for reference purposes.

(a)

Generally. Nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with the State of Michigan laws and rules. Also, since federal law is not affected by the Act or the General Rules, nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law.

(b)

The following standards for marihuana microbusiness apply:

(1)

The facility shall operate at all times in compliance with the General Rules of the Michigan Department of Community Health, the MTA, the MRTMA as well as any and all administrative rules or regulations contained or adopted under the authority therein;

(2)

The site shall not be located within 1,000 feet of a school, as measured from the outermost boundaries of the lot or parcel on which the marihuana microbusiness is located to the outermost boundaries of the lot or parcel on which the school is located;

(3)

The marihuana microbusiness facility site shall not be located within [500] feet of a lawfully existing marihuana microbusiness, as measured from the outermost boundaries of the lot or parcel on which the proposed marihuana microbusiness is located to the outermost boundaries of the lot or parcel on which the lawfully existing marihuana microbusiness is located;

(4)

Use of marihuana is prohibited on the premises unless otherwise noted;

(5)

All activity related to the safety and compliance shall be done indoors;

(6)

The premises shall be open for inspection upon request by the building official the fire department and law enforcement officials for compliance with all applicable laws and rules, during the stated hours of operation/use and as such other times as anyone is present on the premises;

(7)

Drive-through and walk-up or similar facilities shall be prohibited;

(8)

All marihuana shall be contained within the main building in an enclosed, locked facility in accordance with the General Rules of the Michigan Department of Community Health, the MTA, the MRTMA as well as any and all administrative rules or regulations contained or adopted under the authority therein administrative rules or regulations contained or adopted under the authority therein;

(9)

That portion of the structure where the storage of any chemicals shall be subject to inspection and approval by the Ypsilanti fire department to ensure compliance with the Michigan Fire Protection Code;

(10)

All marihuana microbusiness facilities must be registered with and licensed by the State Department of Licensing and Regulatory Affairs, as well as be permitted under chapter 7 of the City Code of Ordinances;

(11)

Growing, cultivation, processing, testing and sales of marihuana in the microbusiness is allowed so long as it is done within the facility and has a maximum of 150 plants as allowed by the MRTMA and the State department of Licensing and Regulatory Affairs;

(12)

There shall be no other accessory uses permitted within the same building, other than those clearly necessary for continued operation, such as offices, employee facilities, and storage;

(13)

The marihuana microbusiness and site shall not be altered or expanded without approval from the planning commission, subject to section 122-328.

(Ord. No. 1354, 1-21-2020; Ord. No. 1370, 12-1-2020)

Editor's note— See editor's note to § 122-536.

(a)

Generally. Nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with the State of Michigan laws and rules. Also, since federal law is not affected by the Act or the General Rules, nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law.

(b)

The following standards for recreational marihuana retailers and/or medical marihuana provisioning centers apply:

(1)

The facility shall operate at all times in compliance with the General Rules of the Michigan Department of Community Health, the MMMA, the MMFLA, the MTA, the MRTMA as well as any and all administrative rules or regulations contained or adopted under the authority therein;

(2)

A marihuana retailer and a provisioning center may be co-located in the same facility so long as it complies with Chapter 7 of the City Code of Ordinances, the MMFLA, the MRTMA as well as any and all administrative rules or regulations contained or adopted under the authority therein;

(3)

The marihuana retailer and/or provisioning center shall not be located within 1,000 feet of a school, as measured from the outermost boundaries of the lot or parcel on which the marihuana retailer and/or provisioning center is located to the outermost boundaries of the lot or parcel on which the school is located;

(4)

The marihuana retailer and/or provisioning center shall not be located within 1,000 feet of a lawfully existing marihuana retailer and/or provisioning center in the general corridor (GC) zoning district, nor within 625 feet of a lawfully existing marihuana retailer and/or provisioning center in the neighborhood corridor (NC) and center (C) zoning districts. Distances are measured from the outermost boundaries of the lot or parcel on which the proposed marihuana retailer and/or provisioning center is located to the outermost boundaries of the lot or parcel on which the lawfully existing marihuana retailer and/or provisioning center is located;

(5)

Use of marihuana is prohibited on the premises;

(6)

All activity related to the marihuana retailer and/or provisioning center shall be done indoors;

(7)

The premises shall be open for inspection upon request by the building official, the fire department, and law enforcement officials for compliance with all applicable laws and rules, during the stated hours of operation/use and as such other times as anyone is present on the premises;

(8)

Drive-through and walk-up or similar facilities shall be prohibited;

(9)

All marihuana shall be contained within the main building in an enclosed, locked facility in accordance with the General Rules of the Michigan Department of Community Health, the MMMA, the MMFLA, the MTA, the MRTMA, as well as any and all administrative rules or regulations contained or adopted under the authority therein;

(10)

All marihuana retailers and/or provisioning centers must be registered with and licensed by the State Department of Licensing and Regulatory Affairs, as well as be permitted under Chapter 7 of the City Code of Ordinances;

(11)

Growing, cultivation, or processing of marihuana in a marihuana retailer and/or provisioning center is prohibited;

(12)

If a special land use, the existing marihuana retailer and/or provisioning center facility and site shall not be altered or expanded without approval from the planning commission, subject to Section 122-328.

(Ord. No. 1354, 1-21-2020; Ord. No. 1370, 12-1-2020)

Editor's note— See editor's note to § 122-536.

(a)

Generally. Nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with the State of Michigan laws and rules. Also, since federal law is not affected by the Act or the General Rules, nothing in this Chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law.

(b)

The following standards for marihuana safety compliance facilities apply:

(1)

The facility shall operate at all times in compliance with the General Rules of the Michigan Department of Community Health, the MMMA, the MMFLA, the MTA, the MRTMA as well as any and all administrative rules or regulations contained or adopted under the authority therein;

(2)

The marihuana safety compliance facility site shall not be located within 1,000 feet of a school, as measured from the outermost boundaries of the lot or parcel on which the marihuana safety compliance facility is located to the outermost boundaries of the lot or parcel on which the school is located;

(3)

The marihuana safety compliance facility site shall not be located within 500 feet of a lawfully existing marihuana safety compliance facility as measured from the outermost boundaries of the lot or parcel on which the proposed marihuana safety compliance facility is located to the outermost boundaries of the lot or parcel on which the lawfully existing marihuana safety compliance facility is located;

(4)

Use of marihuana is prohibited on the premises unless otherwise noted;

(5)

All activity related to the marihuana safety compliance facility shall be done indoors;

(6)

The premises shall be open for inspection upon request by the building official the fire department and law enforcement officials for compliance with all applicable laws and rules, during the stated hours of operation/use and as such other times as anyone is present on the premises;

(7)

All marihuana shall be contained within the main building in an enclosed, locked facility in accordance with the General Rules of the Michigan Department of Community Health, the MMMA, the MMFLA, the MTA, the MRTMA, as well as any and all administrative rules or regulations contained or adopted under the authority therein;

(8)

That portion of the structure where the storage of any chemicals shall be subject to inspection and approval by the Ypsilanti fire department to ensure compliance with the Michigan Fire Protection Code;

(9)

All marihuana safety compliance facilities must be registered with and licensed by the State Department of Licensing and Regulatory Affairs, as well as be permitted under chapter 7 of the City Code of Ordinances;

(10)

The dispensing of marihuana shall be prohibited;

(11)

There shall be no other accessory uses permitted within the same building, other than those clearly necessary for continued operation, such as offices, employee facilities, and storage;

(12)

The marihuana safety compliance facility and site shall not be altered or expanded without approval from the planning commission, subject to section 122-328.

(Ord. No. 1354, 1-21-2020; Ord. No. 1370, 12-1-2020)

Editor's note— See editor's note to § 122-536.

(a)

Generally. Nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with the State of Michigan laws and rules. Also, since federal law is not affected by the Act or the General Rules, nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law.

(b)

The following standards for a marihuana secure transporter facility apply:

(1)

The facility shall operate at all times in compliance with the General Rules of the Michigan Department of Community Health, the MMMA, the MMFLA, the MTA, the MRTMA as well as any and all administrative rules or regulations contained or adopted under the authority therein;

(2)

The site shall not be located within 1,000 feet of a school, as measured from the outermost boundaries of the lot or parcel on which the secure transporter facility is located to the outermost boundaries of the lot or parcel on which the school is located;

(3)

The marihuana secure transporter facility site shall not be located within 500 feet of a lawfully existing marihuana secure transporter facility as measured from the outermost boundaries of the lot or parcel on which the proposed marihuana secure transporter facility is located to the outermost boundaries of the lot or parcel on which the lawfully existing marihuana secure transporter facility is located;

(4)

Use of marihuana is prohibited on the premises unless otherwise noted;

(5)

All activity related to the marihuana secure transporter shall be done indoors;

(6)

The premises shall be open for inspection upon request by the building official, the fire department and law enforcement officials for compliance with all applicable laws and rules, during the stated hours of operation/use and as such other times as anyone is present on the premises;

(7)

All marihuana shall be contained within the main building in an enclosed, locked facility in accordance with the General Rules of the Michigan Department of Community Health, the MMMA, the MMFLA, the MTA, the MRTMA, as well as any and all administrative rules or regulations contained or adopted under the authority therein;

(8)

All marihuana secure transporter facilities must be registered with and licensed by the State Department of Licensing and Regulatory Affairs, as well as be permitted under chapter 7 of the City Code of Ordinances;

(9)

The dispensing of marihuana shall be prohibited;

(10)

There shall be no other accessory uses permitted within the same building, other than those clearly necessary for continued operation, such as offices, employee facilities, and storage;

(11)

The marihuana secure transporter site shall not be altered or expanded without approval from the planning commission, subject to section 122-328.

(Ord. No. 1354, 1-21-2020; Ord. No. 1370, 12-1-2020)

Editor's note— See editor's note to § 122-536.

Multiple family dwellings containing more than six units are subject to the conditions hereinafter imposed:

(a)

Access to the site from a major thoroughfare must not traverse through or abut an R1, CN-SF or CN-Mid district, unless access is directly from a major thoroughfare.

(b)

Access drives, parking areas, and maneuvering lanes must be located to encourage pedestrian and vehicular safety and convenience and to minimize their conflict with buildings and outdoor living areas. Sidewalks for convenient pedestrian flow between buildings, parking areas, outdoor living areas, and public rights-of-way must be provided.

(c)

The required parking spaces must be as conveniently located in close proximity to the dwellings they are intended to serve as is practicable. In no case may any parking space be located further than 300 feet from the nearest entrance to the building.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020; Ord. No. 1370, 12-1-2020)

Editor's note— See editor's note to § 122-536.

Municipal, county, regional, and state service buildings and uses are permitted subject to the conditions hereinafter imposed:

(a)

For such uses proposed to be located within an R1, MD, CN, CN-SF, CN-Mid district, operating requirements must necessitate that the facility be located within that district in order to serve the immediate vicinity. Where possible such facilities must be located in another zoning district. Storage yards, sales or business offices, commercial buildings or activities, sanitary landfills, or water or sewage treatment plants are prohibited in the R1, MD, CN, CN-SF, and CN-Mid districts.

(b)

Public buildings and utility uses must not include any outdoor storage of materials or vehicles, unless as permitted within the PMD district.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020; Ord. No. 1370, 12-1-2020)

Editor's note— See editor's note to § 122-536.

N

_____

Nursing homes, convalescent homes, and rest homes are subject to the conditions hereinafter imposed:

(a)

Such facilities must be constructed, maintained, and operated in conformance with applicable state and federal laws.

(b)

Such facility must provide the square footage of outdoor open space required by the building code and licensing agency. The open space must be landscaped, buffered from streets and parking lots, and include places for walking and sitting. Off-street parking areas, driveways, and accessory uses or areas may not be counted as required open space.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020; Ord. No. 1370, 12-1-2020)

Editor's note— See editor's note to § 122-536.

O

_____

Offices and showrooms of a skilled trade service are subject to the conditions hereinafter imposed:

(a)

Any fabrication, repair, cleaning or other processing of goods must conform to fire and building code.

(b)

Those areas of the ground floor which face upon or are visible from any adjacent streets must be used only for entrances, offices, sales, or display.

(c)

There must be no outside storage of materials or goods of any kind.

(d)

Storage of commercial and other vehicles inside the building is permitted, pursuant to building and fire code.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020; Ord. No. 1370, 12-1-2020)

Editor's note— See editor's note to § 122-536.

Open-front or open-air businesses; outdoor recreation/amusement facilities; and outdoor sales or rentals of new or used automobiles, trucks and tractors, boats, mobile homes, recreational vehicles and trailers are subject to the conditions hereinafter imposed:

(a)

All loading and parking areas for open air businesses shall be confined within the boundaries of the site, and shall not be permitted to spill over onto adjacent public rights-of-way. Curbs or wheel stops shall separate parking areas from all sidewalks.

(b)

All areas of a front yard or street side yard which are not landscaped, shall be paved in accordance with adopted engineering standards.

(c)

The location, layout, design, or operation of the outdoor business shall not impair the continued enjoyment, use, and future development of nearby properties. The use shall not generate excessive noise, odors, dust, or other impacts. The planning commission may specify hours of operation and stricter screening mechanisms to assure compatibility with adjacent uses.

(d)

In the case of automotive, commercial vehicle, or recreational vehicle sales lots, no major repair or major refinishing is permitted outside a fully enclosed building.

(e)

Outdoor sales, storage, and display areas shall comply with all minimum setback requirements for the zoning district or building type.

(f)

In the case of uses other than automotive, commercial vehicle, or recreational vehicle sales lots, all items offered for sale must be totally enclosed within a lawful structure or building, or otherwise safely and securely stored, between the hours of dusk to dawn.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020; Ord. No. 1370, 12-1-2020)

Editor's note— See editor's note to § 122-536.

Outdoor storage of raw materials and supplies or finished or semi-finished products shall be subject to the conditions hereinafter imposed:

(a)

All such storage shall be located within a rear yard and screened with fencing in accordance with section 122-634. No material shall be stored above the height of the screening.

(b)

All storage areas shall conform to all district setback requirements for principal uses, but in no case shall outside storage be located closer than 50 feet to residentially zoned property.

(c)

Property access to all parts of the storage areas shall be provided for fire and emergency services.

(d)

All loosely packed materials such as sand, topsoil, dirt, fertilizer, etc., shall be covered and contained to prevent them from being blown or washed off of the site.

(e)

No materials which give off noxious odors shall be stored outdoors.

(f)

Outdoor storage and display areas shall comply with all minimum setback requirements for the zoning district or building type.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020; Ord. No. 1370, 12-1-2020)

Editor's note— See editor's note to § 122-536.

Outdoor cafes, restaurants, seating areas, and beer gardens shall be permitted subject to the conditions hereinafter imposed:

(a)

All outdoor seating areas at grade level must be accessory to business which provides indoor seating or food concession. All storage, preparation and cooking of food and all vending machines shall be within an enclosed building or food concession.

(b)

The outdoor seating area shall be separated from all parking areas by means of a minimum three-foot high planting, wall, or other architectural feature delineating the space.

(c)

The outdoor seating area shall not be located within 50 feet of any properties zoned R1, MD, CN, CN-Mid, or CN-SF.

(d)

All outdoor areas shall be kept clean and void of litter at all times.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020; Ord. No. 1370, 12-1-2020)

Editor's note— See editor's note to § 122-536.

P

_____

Passenger terminals and stations are permitted subject to the conditions hereinafter imposed:

(a)

All ticket booths, waiting areas, and other passenger facilities must be wholly contained within an enclosed building.

(b)

Stopping and stacking spaces for buses or taxis must not encumber traffic nor present a safety hazard for vehicles or pedestrians on public rights-of-way.

(c)

Curb cuts must not be permitted at such locations that will tend to create traffic hazards in the streets immediately thereto. No drives may be wider than 30 feet at the right-of-way line, and no more than one such drive or curb cut may be permitted for every 50 feet of frontage along any street.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020; Ord. No. 1370, 12-1-2020)

Editor's note— See editor's note to § 122-536.

Printing services shall be permitted subject to the conditions hereinafter imposed:

(a)

All principal use activities, including storage of equipment and chemicals, shall be conducted within a totally enclosed building.

(b)

No exterior windows shall be oriented towards single-family residential uses.

(c)

Such uses shall not create a nuisance to adjacent residences through excessive noises or the smell of chemicals.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020; Ord. No. 1370, 12-1-2020)

Editor's note— See editor's note to § 122-536.

Q

_____

R

_____

Editor's note— See editor's note to § 122-536.

Recycling centers for discarded items shall be permitted subject to the conditions hereinafter imposed:

(a)

Such use shall be located no closer than 300 feet to property zoned R1, CN-SF, CN-Mid, CN, or MD.

(b)

All separation and storage areas shall conform to the setback requirements for buildings in the PMD district and screened with fencing in accordance with §122-634.

(c)

Access to such site shall not be through or abut property zoned R1, CN-SF, CN-Mid, CN, or MD.

(d)

Proper access to all parts of the storage areas shall be provided for fire and emergency access as provided by the city building code.

(e)

Recycling drop-off centers shall not occupy more than 6,000 square feet of area; shall not handle vegetative yard wastes (grass clippings, leaves, brush, etc.) or industrial, toxic, or liquid wastes; and shall not be involved in the compounding, washing or cleaning, treating, or composting of any materials.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020)

Editor's note— See editor's note to § 122-522.

Religious institutions, private assembly spaces, and social clubs including accessory offices, meeting rooms, and athletic facilities are subject to the conditions hereinafter imposed:

(a)

When located within the R-1 and MD districts, parking areas are prohibited in the required front yard. Parking areas must be screened in accordance with §122-684.

(b)

Buildings of greater than the maximum height allowed in the zoning district may be permitted by the planning commission with the condition that the front, side, and rear yards are increased beyond the minimum required yards by one foot for each foot of building height that exceeds the maximum height allowed. In the CN, CN-SF, CN-Mid, C, HC, NC, GC, HHS districts, the planning commission may grant exceptions based on maximum compliance possible with the IT institutional building type.

(c)

Related uses such as social centers, social service centers, child care centers, and rental banquet facilities are prohibited except in accordance with the underlying zoning district.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020)

Editor's note— See editor's note to § 122-522.

S

_____

Elementary, junior, senior high, and post-secondary schools, public and private schools (but not regulating home schooling as defined by the state department of education) shall be subject to the conditions hereinafter imposed:

(a)

Staff and curriculum must meet the educational qualifications established by the state.

(b)

All buildings must meet the building and fire safety qualifications as established by the state.

(c)

Except in the CN, CN-SF, CN-Mid, C, HC, NC, GC, and HHS districts, the minimum lot area shall be 13,000 square feet. In the CN, CN-SF, CN-Mid, C, HC, NC, GC, and HHS districts, the minimum lot area is determined by the IT institutional building type.

(d)

The site shall have direct access to a major thoroughfare, as provided in §122-673.

(e)

Except in the CN, CN-SF, CN-Mid, C, HC, NC, GC, HHS districts, buildings of greater than the maximum height allowed within a given zoning district may be allowed provided that the front, side, and rear yards are increased above the minimum required yards by one foot for each foot of building height that exceeds the maximum height allowed. In the CN, CN-SF, CN-Mid, C, HC, NC, GC, HHS districts, the maximum height is determined by the IT institutional building type.

(f)

Except in the CN, CN-SF, CN-Mid, C, HC, NC, GC, HHS districts, off-street parking shall be prohibited in the required front yard setback area. In the CN, CN-SF, CN-Mid, C, HC, NC, GC, HHS districts, parking location is determined by the IT institutional building type. In the case any off-street parking area abuts a lot in any residential district, screening must be provided as provided in §122-634.

(g)

If bus transportation is to be provided, documentation that adequate ingress and egress for bus traffic to the site shall be provided. If public bus transportation is utilized, a bus drop-off point within 250 feet of the school shall be available.

(h)

All site improvements shall be shown on the site plan.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020)

Editor's note— See editor's note to § 122-522.

Self-storage facilities and vehicle storage facilities shall be subject to the conditions hereinafter imposed:

(a)

In the C, NC and GC districts, self-storage and vehicle storage facilities must comply with the regulations for building types. In all other districts, the facility shall be surrounded by a six-foot high solid obscuring fence, except for entrance gates. Required fencing near ingress and egress driveways may be lowered to permit adequate sight distances for vehicles entering and exiting the facility.

(b)

No single storage space shall exceed 500 square feet, except for vehicle storage facilities.

(c)

Only vehicles may be stored in vehicle storage facilities.

(d)

Adequate security shall be provided and maintained.

(e)

A single residential unit, to be occupied only by a residential manager and their family, with a floor area not exceeding 1,500 square feet, is permitted.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020)

Editor's note— See editor's note to § 122-522.

Substance abuse treatment facilities shall be subject to the conditions hereinafter imposed:

(a)

Such facilities shall have direct access to a major thoroughfare, in accordance with §122-673.

(b)

Such uses shall not be located within 1,000 feet of an R1, CN-Mid, or CN-SF district or of another such facility.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020)

Editor's note— See editor's note to § 122-522.

Editor's note— Ord. No. 1406, adopted March 7, 2023, repealed § 122-557, which pertained to supportive housing and derived from Ord. No. 1335, adopted April 2, 2019; Ord. No. 1354, adopted Jan. 21, 2020.

Editor's note— See editor's note to § 122-522.

T—V

_____

Veterinary hospitals and clinics shall be permitted subject to the conditions hereinafter imposed:

(a)

All principal use activities, including animal boarding, shall be conducted within a totally enclosed building.

(b)

Buildings used for such purposes within 500 feet of a residential zoning district shall construct those indoor areas used for animal boarding an exercise in accordance with the soundproofing guidelines for dwelling units set forth in Section 1207.2 of the Michigan Building Code (2006).

(c)

A veterinary hospital or clinic shall be subject to the requirements, limitations, and regulations listed in chapter 14, division 4, of this Code.

(Ord. No. 1335, 4-2-2019; Ord. No. 1354, 1-21-2020)

Editor's note— See editor's note to § 122-522.

W—Z

_____

Except as otherwise provided in this chapter, no vehicles may be parked or stored on any residentially-zoned lot except for operable passenger automobiles, pickup trucks, vans, or motorcycles which are personally owned by the persons residing on the premises, or their guests.

The parking or storage of a commercial vehicle over a two ton capacity is prohibited on any residential lot.

However, this section does not apply to commercial vehicles temporarily parked less than eight hours in a residential area in conjunction with maintenance or service to a residential property.

(a)

The parking or storage of recreational vehicles, whether or not the recreational vehicle is mounted upon or hitched to another vehicle, including vacant mobile homes, antique or racing automobiles, or any other vehicles of a similar nature and related equipment, is prohibited on any lot in an R1, CN-SF, CN-Mid, CN, MD or HHS zoning district unless parked within a completely enclosed building or within a rear or side yard other than within a required yard setback area. Such vehicles stored in a side yard must be screened from view from the street and the adjacent property by an acceptable fence or landscaped screen, in accordance with §122-634 of this chapter. Notwithstanding the above, no recreational vehicle may be parked or stored on any indoor or outdoor parking space which is required to meet the minimum parking space requirement in an CN, MD or HHS district.

(b)

No more than two recreational vehicles per dwelling unit may be stored outdoors at one time. The size of recreational vehicles kept or stored outdoors may not exceed eight feet in width, ten feet in height, or 32 feet in length.

(c)

Trailer coaches, motor homes, and other vehicles or equipment designed or adaptable for sleeping purposes must remain unoccupied and must not be connected to sanitary sewer facilities, or to electricity, water, or gas.

No unlicensed, untitled, or inoperable motor vehicles, or disassembled parts of motor vehicles may be kept on any property within the city except as follows:

(a)

Contained entirely within a completely enclosed building so long as any indoor parking spaces, necessary for meeting minimum space requirements, must not be used for the storage of unlicensed or inoperable vehicles and so long as the storage is not otherwise prohibited.

(b)

The storage of vehicles as is specifically authorized in PMD and GC districts.

(c)

Minor repairs, such as changing flat tires, of vehicles where the repairs will be completed within 24 hours.

In any proceeding for violation of any provision of this division, both the person to whom a vehicle is registered as determined from the registration plate displayed on such motor vehicle, and the owner of the property on which the vehicle is stored, will be presumed to be persons who committed the violation charged. In the case of unlicensed vehicles, the owner of the property on which the vehicle is located will be considered to be the person responsible for the violation charged.

It is the intent of this division to provide reasonable regulations for the mounting of private communication antennas. The objectives of this division are to promote safety and prevent injury to persons and property, to maintain and promote the aesthetic and architectural quality of properties, to preserve property values, to balance the city's authority and duty to regulate the placement of communication devices in relation to the right to construct and use communication devices without reasonable restrictions, and to conditionally exclude from regulation by this division certain VHF and UHF television antennas meeting the criteria of §122-572(a).

(a)

Permits. All applicants proposing to erect any communication device in any zoning district, except as excluded under §122-572(a), must be required to obtain a building permit and make payment of required fees.

(b)

Plot plan and mounting detail. Prior to issuance of a building permit for the erection of a communication device in any zoning district, the applicant must submit a plot plan showing to scale the precise proposed location of the communication device; its relative location to buildings on the site, adjoining properties, roads, landscaping, and natural features; the height and design of the structure; and foundation and/or mounting detail as appropriate for the building department to determine safety and building code compliance.

(c)

Standards. All communication devices must be installed, maintained, and grounded according to the standards as stated in the building code and must also meet wind and ice loads as specified in the building code.

(d)

Restrictions. All communication devices are subject to the following restrictions:

(1)

Protrusion. Communication devices must not protrude or overhang in any way over any public right-of-way or adjoining property.

(2)

Location. Communication devices must not be located in front yards or in the street side yard of corner lots.

(3)

Advertising, symbols, lighting. No portion of any communication device may display any advertising message or other graphic representation other than a manufacturer's logo or nameplate or warning signs; provided such logo or letters are of a size and character that is not legible from adjacent properties. Except as required by the Federal Communications Commission, no communication device may be illuminated by direct or indirect lighting.

(4)

Color and texture. All communication devices must be of a color and texture so as not to be conspicuous and to promote its visual blending into the adjacent background.

(5)

Wood construction prohibited. Communications devices must not be constructed of wood.

(6)

Ground mounted devices. All communication devices not mounted on a principal or accessory building must be permanently anchored to a foundation located on the ground. No ground mounted device may be located closer to a property line than its height as measured from the ground elevation at the base of the antenna structure.

(7)

Roof mounted devices. All communication devices mounted on the roof of a building must be located on that portion of the building located adjacent to the rear of the property, unless it can be demonstrated that an alternative location is as safe or safer, and the visibility of the antenna from the adjacent properties and by pedestrian or vehicular passers-by is reduced or equal in comparison to a rear yard orientation/location.

In addition to the foregoing general standards of this division, the following standards must apply to antenna systems:

(a)

Conventional VHF and/or UHF television antennas which have width and height dimensions of not more than 135 inches and ten feet respectively, which are situated on the portion of the roof adjacent to the rear yard on the property, and which do not extend higher than ten feet above the ridge and/or peak of the roof, must be exempt from the requirements of applying for and receiving approval under this division. Exemption of such VHF and UHF television antennas from this division is based upon the following findings: there is relatively small concern for wind and snow load issues, there has been a long demonstrated safety record, there has been an historical acceptance of such facilities from an architectural and aesthetic standpoint, and the cost of compliance with the procedure for application and review would be great in relation to the cost of purchasing and installing such antennas.

(b)

Antenna systems which do not meet the criteria and condition of subsection (1) of this section must be regulated as follows:

(1)

The antenna system must be located in a fenced or walled enclosure, so as to deter any person from climbing the tower, except for service or repair.

(2)

The antenna system must be of a self-supporting design.

(3)

Proof of liability insurance in the amount of $100,000.00 must be submitted indicating protection of all adjacent property owners within a radius equal to 1½ times the height of the tower. This must include any City-owned property or right-of-way.

(4)

The antenna system must be used only for legal, amateur or commercial receiving and transmitting, as licensed by the Federal Communications Commission.

In addition to the general standards of §122-571, the following must apply to all satellite dish antennas:

(a)

Permit applications must contain the following additional information:

(1)

In the case of a satellite dish proposed to be mounted on a roof in a commercial or manufacturing district, a detailed plan showing the exact location of the antenna on the roof.

(2)

A picture, sketch, or catalog cut of the proposed installation, including the proposed coloration of the satellite dish.

(3)

Proof of liability insurance in a minimum amount of $100,000.00.

(4)

Such other pertinent information as may be required by the building department.

(b)

No more than one satellite dish installation may be permitted on any single lot of record.

(c)

The satellite dish and all structural supports must be of noncombustible and corrosive resistant material.

(d)

Each satellite dish installation must be designed to withstand a wind force of 75 miles per hour without the use of any supporting guide wires.

(e)

Any driving motor must be limited to 100-volt maximum power design and be encased in protective guards. Any motor with operating voltage of more than 50-volt A.C. nominal must comply with Article 430 of the National Electrical Code.

(f)

A satellite dish antenna must be permanently mounted. A satellite dish antenna may only be on wheels or temporarily installed when used to demonstrate and/or test the feasibility of use.

In addition to the foregoing provisions, the following requirements apply to all communication devices in the R1, MD, CN, CN-Mid, CN-SF and HHS zoning districts:

(a)

Antenna systems.

(1)

Ground mounted restrictions. Ground mounted antenna systems must not exceed a height of 75 feet, or a height equal to the distance from the base of the antenna system to the nearest property line whichever is less. There must be no more than one ground mounted antenna system on a single zoning lot.

(2)

Roof mounted height restrictions. Roof mounted antenna systems must not exceed in height the lesser of the height of the roof plus ten feet, or the distance from the base of the antenna tower system (at its connection point with the roof) to the nearest property line.

(b)

Satellite dish stations.

(1)

Height. No part of any satellite dish station may exceed 12 feet in height.

(2)

Size. The diameter or any exterior dimension of any satellite dish station must not exceed ten feet.

(3)

Location. All satellite dish stations in residential districts must be located in a rear yard and comply with the minimum distance requirements for detached accessory structures, as stated in §122-651, however, a satellite dish station may be located on the roof of a building under the following conditions:

(i)

In the R1, CN-SF and CN-Mid zoning district, a satellite dish station may be located on the roof of a building associated with nonresidential use (i.e., school, religious institution or public service building), provided that the satellite dish station is located toward the rear of the building and is entirely screened from view from any public streets, pedestrian rights-of-way, or adjoining properties.

(ii)

In the MD, or CN zoning districts, a satellite dish station may be located on any roof; provided the satellite dish station is located toward the rear of the building, no portion of the dish station extends higher than four feet above the ridge or peak of the building's roof, and the dish station is entirely screened from view from any public street or pedestrian right-of-way.

(iii)

Screening. Conflicting land use screening must be installed around a ground mounted satellite dish antenna so as to reasonably conceal the view of the satellite dish antenna from adjacent public rights-of-way.

The following requirements must apply to all communication devices in the C, HC, NC, and GC zoning district.

(a)

Antenna systems.

(1)

Ground mounted height restrictions. Ground mounted antenna systems must not exceed in height the lesser of 75 feet, or the distance from the base of the antenna system to the nearest property line.

(2)

Roof mounted height restrictions. Roof mounted antenna systems must not exceed in height the lesser of the height of the roof plus 40 feet, or the distance from the base of the antenna tower system (at its connection point with the roof) to the nearest property line.

(b)

Satellite dish stations.

(1)

Ground mounted height restrictions. No part of any ground mounted satellite dish station may exceed 15 feet above ground level.

(2)

Roof mounted height restrictions. Roof installations are permitted only on a building where the height of the roof surface where the satellite dish is to be mounted is at least 15 feet in height. No part of any satellite dish station may exceed higher than four feet above the ridge or peak of the building's roof, unless enclosed by an opaque screen not less in height than the satellite dish station. The design of the screening device must be compatible with the architectural design of the building upon which it is located.

(3)

Size. The diameter or any exterior dimension of any satellite dish station must not exceed 15 feet.

(4)

Location. All ground mounted satellite dish stations must be located in rear yards and comply with minimum distance requirements for accessory structures, as stated in §122-651.

(5)

Screening. Conflicting land use screening must be installed around a ground mounted satellite dish antenna so as to reasonably conceal the view of the satellite dish antenna from public rights-of-way.

(a)

Intent. The intent of this Section is to permit the location of mobile communication facilities within the PMD zoning district and while protecting the safety and character of nearby residential areas and the city. It is further the intent of this section to require co-location of transmission and receiving apparatus on existing structures or facilities, unless it can be demonstrated by the applicant that co-location is not technically feasible.

(b)

Definitions.

(1)

Mobile communication facilities mean and include all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but not be limited to, cellular telephone towers, radio towers, television towers, telephone devices and exchanges, micro-wave relay towers, telephone transmission equipment building and commercial mobile radio service facilities. Not included within this definition are: citizen band radio facilities; short wave facilities; ham, amateur radio facilities; satellite dishes; and, governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority.

(2)

Attached mobile communications facilities means mobile communication facilities that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles, and the like. A wireless communication support structure proposed to be newly established shall not be included within this definition.

(3)

Mobile communication support structures means structures erected or modified to support wireless communication antennas. Support structures within this definition include, but not be limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure.

(4)

Co-location means the location by two or more wireless communication providers of mobile communication towers on a common structure, tower, or building, with the view toward reducing the overall number of structures required to support wireless communication antennas within the community.

(c)

Locational factors.

(1)

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

(i)

Proximity to a major thoroughfare.

(ii)

Areas of population concentration.

(iii)

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

(iv)

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

(v)

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

(2)

It is the policy of the city to minimize the overall number of newly established locations for mobile communication facilities and encourage the use of existing structures.

(i)

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

•

The wireless communication provider entity under consideration for co-location will undertake to pay market rent or other market compensation for co-location.

•

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.

•

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

•

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 standards set forth in this section.

(ii)

Requirements for co-location:

•

Approval for the construction and use of a new wireless communication facility must not be granted unless and until the applicant demonstrates that a feasible co-location is not available for the coverage area and capacity needs.

•

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

•

If a party who owns or otherwise controls a facility fails or refuses to alter a structure so as to accommodate a proposed and otherwise feasible co-location, such facility will thereupon and thereafter be deemed to be a nonconforming structure and use, and must not be altered, expanded or extended in any respect.

(d)

Application requirements.

(1)

A site plan prepared in accordance with article III, division 2 "permits," subdivision I "zoning compliance." The site plan must also include a detailed landscaping plan illustrating screening and aesthetic enhancement for the structure base, accessory buildings and enclosure.

(2)

The application must include a signed certification by a State of Michigan 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.

(3)

The application must include a description of security to be posted 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 (see §122-576(f)). In this regard, the security must, 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 timely remove the facility as required under this section of the ordinance, with the further provision that the applicant and owner must be responsible for the payment of any costs and attorneys' fees incurred by the city in securing removal.

(4)

The application must include a map showing existing and known proposed mobile communication facilities within the city, and further showing existing and known proposed mobile 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 community, the applicant is required only to update as needed. Any proprietary information may be submitted with a request for confidentiality in connection with the development of governmental policy, in accordance with MCL 15.243(1)G. This ordinance serves as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the city.

(5)

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

(e)

General regulations.

(1)

Towers must not exceed 140 feet in height when measured at grade level. This requirement may be waived in the sole discretion of the city based upon a consideration of the following standards.

(i)

The tower is to be used by no less than one additional co-locator.

(ii)

The topography of the site in relationship to the immediate surrounding area necessitates a tower of increased height.

(iii)

The screening capabilities of the site provide adequate mitigation of the obtrusive visual effects of the tower.

(iv)

The land use characteristics of the area surrounding the subject site are compatible with a tower of increased height.

(v)

There is no feasible and prudent alternative to a tower of increased height based upon the opinion of an independent expert.

(2)

The accessory building contemplated to enclose switching equipment must be limited to 15 feet in height.

(3)

The setback of the support structure from any residential district must be no less than double the height of the structure. The setback of the support structure from an existing or proposed rights-of-way or other publicly traveled roads must be no less than the height of the structure.

(4)

Where the proposed support structure abuts a parcel of land zoned from other than residential purposes, the minimum setback of the structure and accessory structures must be in accordance with the required setbacks from the main or principal buildings as provided in the schedule of regulations for the zoning district in which the support structure is located.

(5)

There must be an unobstructed paved access drive to the support structure for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. This access drive must be a minimum of 14 feet in width.

(6)

Where a wireless communication facility is proposed on a roof of a building, the equipment enclosure is not permitted as a roof appliance or penthouse on the building. The equipment enclosure may be located within the principal building or may be an accessory building, providing that as an accessory building it conforms with all district requirements for principal buildings, including yard setback and building height.

(7)

The support structure must be constructed in accordance with all applicable building codes and must include the submission of a soils report from a soils engineer, licensed in the State of Michigan. This soils report must include soil borings and statements indicating the suitability of soil conditions for the proposed use. The clearance requirements of the Federal Aviation Administration and Federal Communications Commission must be noted.

(8)

No wireless communication tower may be located within 3,000 feet of another wireless communication tower. This requirement may be waived at the sole discretion of the City if one of the following conditions are met:

(i)

The communication apparatus is located on an existing tower or other structure capable of accommodating such apparatus.

(ii)

The tower/facility is of an exceptional design so as to create a positive architectural and/or environmental feature which is compatible with the character of the surrounding area and community.

(iii)

The tower is intended to serve solely a governmental agency.

(9)

The tower and appurtenant apparatus building must be secured by fencing a minimum of six feet in height. Conflicting land use screening of the apparatus building must be provided.

(10)

The applicant must submit details of tower lighting approved by the Federal Aviation Administration.

(11)

A maintenance plan must be presented as part of the site plan for the proposed facility.

(12)

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

(13)

The proposed tower or wireless communication facility must be located within 500 feet of the Interstate 94 right-of-way. This does not apply to collocation of wireless communication antenna on existing towers, buildings, or other existing structure.

(f)

Removal.

(1)

The city reserves the right to request evidence of ongoing operation at any time after the construction of an approved tower.

(2)

A condition of every approval of a wireless communication facility must be adequate provision for removal of all or part of the facility by users and owners when the facility has not been used for 180 days or more.

(3)

The situations in which removal of the facility is required, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) must be considered as the beginning of a period of nonuse.

(4)

Upon the determination that a facility must to removed, the property owner or persons who had used the facility must 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 administrator.

(5)

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