CHAPTER 154:  ZONING CODE
Section
General Provisions
   154.01   Short title
   154.02   Purpose and intent of chapter
   154.03   Definitions
   154.04   Zoning districts
   154.05   Zoning map
   154.06   Schedule of lot, yard, height and area requirements
   154.07   Nonconforming uses and structures
   154.08   Off-street parking and loading area requirements
   154.09   Special land uses and structures
   154.10   Site plan review
Districts; Description and Provisions
   154.20   R-1 One-Family Residential District
   154.21   R-2 Residential District
   154.22   R-3 Residential District
   154.23   MH Manufactured Housing Community
   154.24   B-1 Business Residential District
   154.25   B-2 Central Business District
   154.26   B-3 Community Commercial District
   154.27   B-4 Office District
   154.28   I Industrial District
   154.29   Application of Zoning Code
   154.30   Continuing existing uses
   154.31   Rear dwelling prohibited
   154.32   Accessibility of residential lot
   154.33   Accessory buildings in any district (except the B-2 District)
   154.34   Accessory buildings in residential districts
   154.35   Fences or walls
   154.36   Corner lots
   154.37   Vision clearance on corner lots
   154.38   Area or space required
   154.39   Yard requirements along zoning boundary
   154.40   Front yards on lots running through the block
   154.41   Exception to lot width
   154.42   Restrictions for lot widths adjacent to platted lots
   154.43   Exception to height limits
   154.44   Front yards
   154.45   Side yards
   154.46   Rear yards
   154.47   Requirements for yards and area abutting streets
   154.48   All yards
   154.49   Essential services
   154.50   Institutional and public uses
   154.51   Sewage and water requirements
   154.52   Surface runoff
   154.53   Temporary use permits
   154.54   Swimming pools
   154.55   Occupancy permit required
   154.56   Basement dwellings
   154.57   Transition zoning
   154.58   Standards for single-family dwelling
   154.59   Solar energy facilities
Administration and Enforcement
   154.70   Zoning compliance permits
   154.71   Nonresidential occupancy permits
   154.72   Enforcement
   154.73   City Planning Commission
   154.74   Zoning Board of Appeals
   154.75   District changes; ordinance amendments
   154.76   Public nuisance per se
   154.77   Rights and remedies are cumulative
   154.78   Planned unit development
   154.79   Effect on nonconformities
 
   154.99   Penalty
Cross-reference:
   Sign provisions and regulations, see Chapter 152
GENERAL PROVISIONS
§ 154.01  SHORT TITLE.
   This chapter shall be known as “the Zoning Ordinance of 2001 of the City of Bronson”.
(Ord. 161, passed 12-10-2001)
§ 154.02  PURPOSE AND INTENT OF CHAPTER.
   (A)   Purpose. In interpretation and application, the provisions of this chapter shall be held to be minimum requirements to provide adequate light, air, access, circulation, open yard spaces, off-street parking areas and protection to property value from incompatible uses; to limit and restrict the height, size and location of buildings and uses; to secure safety from fire and other dangers; to lessen congestion in the streets; to limit the density and intensity of use of land; to promote the most appropriate and compatible uses of land in various districts of the city; to provide for enforcement of and variations to these provisions; and to impose penalties for violation thereof.
   (B)   Intent. It is the intent of this chapter to provide simplified regulations and controls for buildings and uses of land most commonly encountered in city development. Regulations and controls for unusual or unique buildings, conditions or uses of land shall be imposed by the Zoning Board of Appeals so that the intent of this chapter shall be carried out.
(Ord. 161, passed 12-10-2001)
§ 154.03  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY BUILDING.  Any subordinate building, such as a private garage, located on the same lot with the main building, or any portion of the main building if the portion is occupied or devoted exclusively to an accessory use. When an ACCESSORY BUILDING is attached to a main building by a wall or roof, the building shall be considered part of a main building for the purpose of determining the required dimensions of yards.
   ACCESSORY USE.  Any use customarily incidental to the main use of the premises. ACCESSORY USE shall include satellite antennae receivers.
   ADULT FOSTER CARE FACILITY.  A governmental or non-governmental establishment that provides foster care to adults. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuos nursing care. An ADULT FOSTER CARE FACILITY does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation center, or a residential center for persons released from or assigned to a correctional facility.
   ADULT FOSTER CARE FAMILY HOME.  A private residence with the approved capacity to receive six or fewer adults to be provided with foster care for five or more days a week and for two or more consecutive weeks. The ADULT FOSTER CARE FAMILY HOME licensee must be a member of the household and an occupant of the residence.
   ADULT FOSTER CARE LARGE GROUP HOME.  A facility with approved capacity to receive at least 13 but not more than 20 adults to be provided supervision, personal care and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.
   ADULT FOSTER CARE SMALL GROUP HOME.  A facility with approved capacity to receive 12 or fewer adults who are provided supervision, personal care and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.
   ALLEY.  A public way which affords only secondary access to abutting property, not a street as herein defined.
   ALTERATION OF BUILDING.  A change in the supporting members of a building, and addition to, or a diminution, change in use or conversion of a building or a part thereof.
   ANIMAL HOSPITAL.  See KENNEL.
   AUTOMOBILE STORAGE, DAMAGED.  Any storage of vehicles that are not road worthy (defined as unable to pass a state police safety check) not incidental to a vehicle repair shop or service garage.
   BASEMENT.  A room or portion thereof or any portion of a building which has a floor level more than three feet below ground, containing any of the following features:
      (1)   Mechanical equipment such as heating, metering or laundry facilities;
      (2)   No doorway opening directly to ground level or upon a hallway with such a doorway; and/or
      (3)   No sash windows.
   BED AND BREAKFAST.  The actual or intended rental of a lodging room or lodging rooms in an owner-occupied dwelling for periods of not more than 14 continuous days, without the provision of separate cooking facilities or meals except breakfast.
   BOARD OF APPEALS.  The Zoning Board of Appeals of the City of Bronson.
   BOARDING HOUSE or ROOMING HOUSE.  A dwelling having one kitchen and used for the purpose of providing meals or lodging for pay or compensation of any kind to more than two persons other than members of the family occupying the dwelling.
   BREEZE WAY.  Any covered passageway between two buildings, the sides of which may be enclosed by lattice, screens or other material allowing passage of air.
   BUILDING.  A structure erected or placed on-site, a moveable pre-manufactured or precut structure, above or below ground, designed primarily for the shelter, support or enclosure of persons, animals or property of any kind.
   CHILD CARING INSTITUTION.  A child care facility which is organized for the purpose of receiving minor children for care, maintenance and supervision, usually on a 24-hour basis, in a building maintained for that purpose, and operates throughout the year. It includes a maternity home for the care of unmarried mothers who are minors, an agency group home, and institutions for mentally retarded or emotionally disturbed minor children. It does not include hospitals, nursing homes, boarding schools or an adult foster care facility in which a child has been placed.
   CHURCH.  An organization that provides for religious worship.
   COMPARISON RETAIL.  A facility which offers for sale to the general public, products and commodities of a durable nature such as hardware, apparel and appliances.
   CONVENIENCE RETAIL.  A facility which offers for sale to the general public, products, commodities or services for daily living, primarily foodstuffs, health and beauty aids and products of a consumable or perishable nature.
   DENSITY.  A calculation of the maximum number of dwelling units per acre.
   DWELLING.  Any building or portion thereof usable exclusively for residential purposes.
      (1)   DWELLING, TWO-FAMILY.  A building containing not more than two separate dwelling units designed for residential use and conforming in all other respect to the standards set forth in § 154.58.
      (2)   DWELLING, MULTIPLE-FAMILY.  A building containing three or more dwelling units designed for residential use and conforming in all other respects to the standards set forth in § 154.58.
   DWELLING UNIT.  A building or portion thereof providing complete housekeeping facilities for one family.
   ESSENTIAL SERVICES.  The erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground, surface or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by the public utilities or municipal departments or commissions or for the public health or safety or general welfare, but not including buildings other than the buildings as are primarily enclosures or shelters of the mentioned equipment.
   FAMILY.  Two or more persons related by blood, marriage or adoption, and residing together.
   FAMILY DAY CARE HOME.  A private home in which one but less than seven minor children are received for care and supervision for periods less than 24 hours a day, unattended by a parent or guardian, except children related to an adult member of the family by blood, marriage or adoption. FAMILY DAY CARE HOME includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year.
   FARM.  Any area of two acres or more, used for agricultural purposes and uses incidental thereto, but not to include the raising or keeping of livestock or fowl, provided that the incidental uses shall be subordinate to normal agricultural uses.
   FARM BUILDINGS.  Any detached accessory building or portion of a main building used for the storage or housing of farm implements or produce.
   FLOOR AREA.  The area of all floors computed by measuring the dimensions of the outside walls, excluding attic and basement floors, porches, patios, breeze ways, carports and garages, or portions of rooms with less than seven feet of space between the floor and ceiling.
   FOSTER FAMILY GROUP HOME.  A private home in which more that four but less than seven minor children, who are not related to an adult member of the household by blood, marriage or adoption are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.
   FUEL DISPENSING SITE.  A location for retail self-service refueling of diesel, gasoline, kerosene, propane, fuel cells or any vehicle propulsion product.
   GARAGE, PRIVATE. A detached accessory building or portion of a main building used for the storage of passenger vehicles and/or trucks of a rated capacity of one ton or less.
   GARAGE, SERVICE.  Any building or structure designed or used for the hire, sale, storage, service, repair or refurbishing of motor vehicles or trailers, but not for the storage of dismantled vehicles or parts thereof for purposes of reuse or resale.
   GASOLINE SERVICE STATION.  Any building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water or other operating commodities for motor vehicles, and including the customary space and facilities for the installation or furnishing of the commodities on or in or to the vehicles and for the washing or polishing of the vehicles, but not including the use of space or facilities for the refinishing of motor vehicles or for the dismantling, for purposes of reuse or resale, of motor vehicles or parts thereof, or for the outdoor storage or repair of motor vehicles or parts thereof.
   GRAMMAR CLARIFICATION.  The present tense shall include the future; the singular number shall include the plural; and the plural shall include the singular. The word “shall” is always mandatory. The words ZONE and DISTRICT are the same.
   GROUP DAY CARE HOME.  A private home in which six but not more than 12 minor children are received for care and supervision for periods less than 24 hours a day, unattended by a parent or guardian, except children related to an adult member of the family by blood, marriage or adoption. GROUP DAY CARE HOME includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year.
   HEIGHT OF BUILDING.  The vertical distance, measured from the adjoining curb level, to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided however, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
   HOME APPLIANCE REPAIR SHOP.  A commercial facility for the restoration of damaged, inoperable or broken machines which are typically used in the home.
   HOME OCCUPATION.  See § 154.09(C)(1).
   INSTITUTIONAL AND PUBLIC USES.  Churches, schools, hospitals, convalescent or nursing homes, public or quasi-public nonprofit uses, utility transmission towers, above ground regulator or substation structures, buildings owned or occupied by public utilities and governmental buildings.
   JUNK YARD. An establishment or place of business which is maintained, operated or used for storing, keeping, or selling junk. JUNK is considered to be old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste or junked, dismantled or wrecked automobiles, or parts thereof. JUNK YARDS are considered to be different in nature than salvage resource recovery facilities, which act as temporary storing and transfer facilities.
   KENNEL.  Any building or land used for the sale, boarding, treatment or breeding of dogs, cats or other household pets.
   LEGISLATIVE BODY.  The City Council of the City of Bronson.
   LOT.  A parcel or portion of land, exclusive of any adjoining street, separated from other parcels or portions by description.
   LOT, CORNER. Any lot having at least two contiguous sides abutting upon a street, provided that the interior angle at the intersection of the two sides is less than 135 degrees. A lot abutting upon a curbed street or streets shall be considered a CORNER LOT if the tangents to the curve, at its points of beginning within the lot or at the points of intersection of the side lot lines with the street line, intersect at an interior angle of less than 135 degrees.
   LOT LINE.  Any line bounding a lot:
      (1)   FRONT LOT LINE. The line separating the lot from the street; in the case of a corner lot, the line separating the narrowest side of the lot from the street.
      (2)   REAR LOT LINE.  The line opposite to and most distant from the front line; in irregularly shaped lots, it shall be the straight line entirely within the lot, ten feet long, parallel to and most distant from the front lot line.
      (3)   SIDE LOT LINES.  Any line other than front or rear lot lines.
      (4)   STREET OR ALLEY LOT LINES.  Any line separating a lot from a street or alley.
   MEDICAL MARIJUANA.  Defined in accord with M.C.L.A. § 333.26423 and the regulations adopted by the state, Department of Community Health, pursuant to authority conferred by § 5 of Initiated Law 1 of 2008, being M.C.L.A. § 333.26425, and the where contemplated by the city code, unless defined otherwise herein.
   MEDICAL MARIJUANA MANUFACTURING AND DISTRIBUTION.  Defined in accord with M.C.L.A. § 333.26423, and the regulations adopted by the state, Department of Community Health, pursuant to authority conferred by § 5 of Initiated Law 1 of 2008, and the where contemplated by the city code, unless defined otherwise herein.
   MOBILE HOME.  A structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with or without permanent foundation, and which includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. MOBILE HOME does not include a recreational vehicle.
   MOBILE HOME PARK - MANUFACTURED HOUSING COMMUNITY.  A parcel of land under the control of a person upon which three or more mobile homes are located on a continual non-recreational basis and which is offered to the public for that purpose, regardless of whether a charge if made therefor, together with any building, structure, enclosure, street, equipment or facility used or intended for use incident to the occupancy of a mobile home.
   MOTELS.  Groups of furnished rooms or separate structures providing sleeping and parking accommodations for transient tourist trade.
   MUNICIPALITY.  The City of Bronson.
   NONCONFORMING BUILDING.  Any building or portion thereof lawfully existing at the time this chapter became effective and which now does not comply with its regulations.
   NONCONFORMING USE.  Any property use which was lawful at the time this chapter became effective and which now does not comply with its regulations.
   PARKING, OFF-STREET ACCESSORY.  Any parking area located on the same property it is intended to serve, or across an alley therefrom, and within a district which is not of greater restriction than the property it is intended to serve.
   PARKING, OFF-STREET RESTRICTED ACCESSORY.  Any parking area located in a residential district intended to serve a business or industrial establishment, provided at least 50 feet of a lot line of the parking abuts a business or industrial district either directly or across an alley therefrom.
   PARKING SPACE, MOTOR VEHICLE.  Any accessible area of not less than nine feet by 18 feet exclusive of access drive and aisles and which is not located on a public street or alley right-of-way and has a shape satisfactory for parking of motor vehicles.
   PETROLEUM BULK PLANT.  An establishment for the storage of petroleum products, in bulk and in packages, distribution by tank car, tank vehicle or motor truck.
   PLANNING COMMISSION.  The Planning Commission of the City of Bronson.
   POOL PRIVATE SWIMMING.  Any artificially constructed basin or other structure for the holding of water for use for swimming, diving and other aquatic sports and recreation.
   PRINCIPAL BUILDING.  A building in which is conducted the principal use allowed of the lot in the district in which it is situated.
   PRINCIPAL USE.  The primary or predominant use of the premises.
   PUBLIC UTILITY.  Any person, firm, corporation, municipal department or board, duly authorized to furnish and furnishing under federal, state or municipal regulations to the public, electricity, gas, steam, communication, telegraph, transportation or water.
   RECREATION EQUIPMENT.  This equipment shall include travel trailers, pickup campers, motor homes, ice fishing houses, tent trailers, tents, snowmobiles, boats, trampolines, boat trailers and similar equipment and cases or boxes used for transporting recreational equipment, whether occupied by the equipment or not.
   RECREATIONAL VEHICLE.  A vehicle primarily designed and used as temporary living quarters for recreational, camping or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle.
   SALVAGE YARD.  A place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, cleaned or handled, including house and vehicle wrecking yards, used lumber yards and places or yards for use of salvaged house and vehicle parts and structural steel materials and equipment, but excluding the uses conducted entirely within a completely enclosed building and excluding pawn shops and establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery, used furniture and household equipment, and excluding the processing of used, discarded or salvaged materials as part of manufacturing operations.
   SCHOOL.  An organization that provides general instruction and teaching for children.
   SIGNS.  Any announcement, declaration, display, illustration or insignia used to advertise or promote the interests of any persons or product when the same is placed out-of-doors in view of the general public, including every sign, billboard, ground sign, roof sign, sign painted or printed on the exterior surface of a building or structure, illuminated sign and temporary sign.
   SINGLE OWNERSHIP.  Ownership by one person or by two or more persons whether jointly, as tenants by the entirety, or as tenants in common of a separate parcel of real property not adjacent to land in the same ownership.
   SPECIAL LAND USE.  A special land use is a use permitted in a given zone when the use is specified in § 154.09(A) and has been reviewed by the Planning Commission, after application, to assure that all specified conditions are met.
   STABLE, PRIVATE.  Any building for shelter of horses not kept for remuneration, hire or sale.
   STORY.  The portion of a building included between the surface of any floor above the average elevation or ground at the foundation wall and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling above it.
   STREET.  A public right-of-way which has been dedicated to the public and accepted for the purpose of providing access to abutting private lots or land, including space for curb, gutter, paving and sidewalks.
   STRUCTURE.  Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
   TOURIST HOME, BOARDING, ROOMING AND LODGING HOMES.  The actual or intended rental of a lodging room or lodging rooms in an owner-occupied dwelling for periods of not more than 14 continuous days, without the provision of separate cooking facilities or meals.
   TRAILER.  Any vehicle designed to be drawn by an automotive vehicle.
   TRUCK TRACTOR AND/OR TRAILER RIG.  A truck vehicle unit as classified by the American association of state highway officials as a wb-40 or wb-50 vehicle.
      (1)   The minimum specifications are as follows:
 
Wb-40
Wb-50
Wheelbase
13+27 = 40 feet
20+30 = 50 feet
Front overhang
4
3
Rear overhang
6
2
Overall length
50
55
Overall width
8.5
8.5
Height
13.5
13.5
 
      (2)   This classification applies to truck tractors with or without trailer rigs.
   VARIANCE.  A modification of the required provisions of the physical development or land use standards of the zoning ordinance granted when strict enforcement of this chapter would cause undue hardship owing to circumstances unique to the individual property on which the VARIANCE is granted. The crucial points of a VARIANCE are undue hardship and unique circumstances applying to the property. A VARIANCE is not justified unless both elements are present in the case.
   VEHICLE REPAIR SHOP.  A building used for the painting or repair of damaged motor vehicles, boats, mobile housing facilities or trailers.
   VEHICLE SALES AREA - LOT.
      (1)   A lot or portion thereof to be used only for the display, sale or rental of new - used motor vehicles, boats, mobile housing facilities or trailers, all in working or road worthy condition.
      (2)   A VEHICLE SALES AREA - LOT shall not be used for:
         (a)   The storage of wrecked vehicles;
         (b)   The dismantling of the vehicles; or
         (c)   The storage of parts.
   YARD, FRONT.  The open space extending the full width of the lot between the main building and front lot line except as provided in § 154.44.
   YARD, LEAST DEPTH OR WIDTH.  The shortest horizontal distance from each of the lot lines to the building thereon.
   YARD, REAR.  The open space extending the full width of the lot between the main building and the rear lot line, except as provided in § 154.46.
   YARD, SIDE.  The open space extending from the front yard to the rear yard between the main building and the side lot line, except as provided in § 154.45.
   ZONING OFFICIAL.  City Manager or a designee appointed by the City Manager to enforce and administer this chapter with the cooperation and assistance of the County Building Inspector.
(Ord. 161, passed 12-10-2001; Ord. 176, passed 5-9-2011; Ord. 182, § 2, passed 2-13-2012)
§ 154.04  ZONING DISTRICTS.
   (A)   Permitted uses in the several districts are listed in §§ 154.20 through 154.28.
   (B)   The following zoning districts are hereby established and the intended use of each district is stated:
      (1)   R-1 One-Family Residential District;
      (2)   R-2 Residential District;
      (3)   R-3 Residential District;
      (4)   MH Manufactured Housing Community (Mobile Home Park);
      (5)   B-1 Business Residential District;
      (6)   B-2 Central Business District;
      (7)   B-3 Community Commercial;
      (8)   B-4 Office District; and
      (9)   I Industrial District.
(Ord. 161, passed 12-10-2001)
§ 154.05  ZONING MAP.
   (A)   The zoning map delineating the above zone district is hereby declared to be a part of this chapter.
   (B)   Except where reference is shown on the map to a street line or other line designated by dimensions, the district boundary lines follow lot lines or the centerlines of streets or alleys as they existed at the time of the adoption of this chapter.
   (C)   Where a district line does not coincide with the lines, or the dimensions, it shall be deemed to be 132 feet from the nearest parallel street centerline.
      (1)   Lot divided by zone line. Where a district boundary line, as established in this chapter, or as shown on the zoning map, divides a lot shown or recorded as being in single ownership at the time of enactment of this chapter, the district regulations and uses shall be observed on the respective side of the district line to which they apply.
      (2)   Annexed areas. Where property not now in the city shall become annexed to the city, the property shall be zoned automatically as shown by the zoning pattern on the zoning map.
      (3)   Zoning table incorporated. The zoning table delineating, among other things, the zoning district uses and the minimum yard, height and area requirements for each zone are hereby declared to be a part of this chapter.
(Ord. 161, passed 12-10-2001)
§ 154.06  SCHEDULE OF LOT, YARD, HEIGHT AND AREA REQUIREMENTS.
 
Principal Structure
R-1
R-2
R-3
B-1
B-2
B-3
I(1)
Min. lot frontage, width (ft.)
60
60
60
60
25
100
Min. lot area (sq. ft.)
Single-family
9,000
9,000
Agricultural and two-family (duplex)
11,500
Institutional or public uses
2 ac
2 ac
Multi-family per dwelling unit, conversion up to 4 units, apt. bld. 2-12 units, boarding house, 2-attached apt. bld.
2,000
Max. bdlg. or structure height (ft.)
35
35
40/2.5 stories
28
35
32
45
Max. lot coverage (%)
25
25
25(2)
Min. floor area (sq. ft.)
1,100
720
Front yard setback
25
25
25
25
0
30
25 loc st 50 maj st 60 hwy
Side yard setback 2 per lot
5
5
10
0
10
10
Single-family (min. 1)
5
5
6
Aggregate width of both side yards
16
Conversion up to 4 units
6
Group dwellings
6
Special land uses
6
Rear yard setback
5
5
35
25
0
25
10
Minimum lot depth
130
125
(1)  Yards in I District. No building shall be closer to a residentially zoned lot than a distance equal to two times the height of the building. No setback is required adjacent to a railroad right-of-way.
(2)  Lot coverage is 25% for all R-3 lots except professional offices.
 
(Ord. 161, passed 12-10-2001)
§ 154.07  NONCONFORMING USES AND STRUCTURES.
   (A)   Nonconforming uses established.
      (1)   Within the districts established by this chapter or amendments that later may be adopted, there may exist lots, structures, uses of land and structures and characteristics of use which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments.
      (2)   It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival.
   (B)   Nonconforming uses of land. Where, at the time of the passage of this chapter, a lawful use of land exists which would not be permitted by the regulations imposed by this chapter and where the uses involve individual structures, the use may be continued so long as it remains otherwise lawful, provided:
      (1)   No like nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter;
      (2)   No like nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by the use at the effective date of adoption or amendment to this chapter;
      (3)   If any like nonconforming use of land ceases for any reason for a period of more than 12 months, any subsequent uses of the land shall conform with the regulations specified by the ordinance for the district in which the land is located; and
      (4)   No additional structure not conforming to the requirements of this chapter shall be erected in connection with the nonconforming use of land.
   (C)   Nonconforming structures. Where a lawful structure exists or is lawfully under construction at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, height, yards, its location on the lot or other requirements concerning the structure, the structure may be continued so long as it remains otherwise lawful subject to the following provisions:
      (1)   No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
      (2)   Any such nonconforming structure which has been damaged or destroyed by any means to an extent of more than 50% of its replacement cost at the time of damage or destruction, shall not be reconstructed except in case of unusual hardship for which the Zoning Board of Appeals may grant conditional approval for reconstruction.
      (3)   Should the nonconforming structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
   (D)   Nonconforming use of structure or of structures and land in combination. If a lawful use involving individual structures or of structure and land in combination exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions.
      (1)   No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
      (2)   Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for the use at the time of adoption or amendment of this chapter but no such use shall be intended to occupy any land outside the building.
      (3)   Any structure, or structure and land in combination, in or on which a nonconforming use is changed to a permitted use, shall thereafter conform to the regulations for the district and nonconforming use may not thereafter be resumed.
      (4)   When a nonconforming use of a structure or structure and land in combination, is discontinued or abandoned for 12 consecutive months or for 18 months during any three-year period (except when government action impedes access to the premises or if it is a seasonal type use), the structure, or structure and land in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.
      (5)   Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this division is defined as damage to an extent of more than 50% of the replacement cost at the time of destruction.
      (6)   The use of a nonconforming building may be changed to another nonconforming use if the Zoning Board of Appeals finds that the new use would markedly decrease the degrees of nonconformance and would enhance the value and desirability of adjacent conforming uses.
   (E)   Repair or replacement. Repair or replacement of non-bearing walls, fixtures, wiring or plumbing may be performed in or on a nonconforming structure or portion of a structure containing a nonconforming use provided:
      (1)   During any consecutive 12-month period the extent of repair or replacement shall not exceed 10% of the current replacement cost of the nonconforming structure;
      (2)   Cubic contents of the structure shall not be increased; and
      (3)   Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of the official.
   (F)   Change of ownership. Change of ownership between private parties does not remove the nonconformity nor extend time limits.
   (G)   Replacement cost. Replacement cost as used in the above provision is the cost of restoring the structure to its original condition as appraised by a qualified appraiser employed by the City Council. Persons aggrieved by the appraisal may appeal to the Zoning Board of Appeals.
   (H)   Removal of nonconforming status. Any nonconforming structure or land may be made conforming by appropriate action or modification which cause the structure or land to fulfill the requirements of the district in which it is located. In case of a nonconforming use which is a use designated as a special land use by this chapter, the nonconforming status may be removed upon issuance of a special land use permit after the appropriate action has been taken in accordance with the provisions of this chapter. It shall be the responsibility of the owner or person requesting the special land use permit to initiate the request in accordance with § 154.09.
   (I)   Elimination of nonconforming structures or land.
      (1)   The city may acquire by purchase, condemnation or otherwise, private property for the removal of nonconforming uses and structures, provided, the property shall not be used for public housing.
      (2)   The legislative body may in its discretion provide that the cost and expense of acquiring the private property be paid from general funds, or the cost and expense or any portion thereof may be assessed to a special district.
      (3)   The elimination of the nonconforming uses and structures in a zoned district as herein provided is hereby declared to be for a public purpose and for a public use.
      (4)   The legislative body shall have authority to institute and prosecute proceedings for the condemnation of nonconforming uses and structures under the power of eminent domain in accordance with the laws of the state or provisions of any city charter relative to condemnation.
(Ord. 161, passed 12-10-2001)
§ 154.08  OFF-STREET PARKING AND LOADING AREA REQUIREMENTS.
   (A)   Specific requirements loading and off-street parking.
      (1)   Loading and unloading spaces shall be provided in all business and industrial districts in connection with all commercial and industrial uses, except in cases where adequate space, as determined by the Zoning Official, is or can be provided on adjacent public property, as follows:
         (a)   One space for 10,000 to 20,000 square feet of floor area;
         (b)   Two spaces for 20,000 to 50,000 square feet of floor area;
         (c)   Three spaces for 50,000 to 100,000 square feet of floor area; and
         (d)   One additional space for each additional 100,000 square feet of floor area or part thereof; providing that:
            1.   Each loading space shall be at least ten feet in width, 25 feet in length and have a clearance of 14 feet above grade;
            2.   The space may occupy all or any part of any required yard or court space, excluding front yard; and
            3.   No such space shall be located closer than 50 feet to any lot in any residential district, unless wholly within a completely enclosed building or enclosed on all sides facing residential zones by a wall or uniformly painted solid board or masonry fence of uniform appearance which is not less than six feet in height.
      (2)   Parking or storage of motor vehicles shall be provided for in all districts in connection with all industrial, commercial, business, trade, institutional, recreational or dwelling uses and similar uses, in accordance with the following schedule in compliance with division (B) below.
         (a)   Vehicle sales - one parking space per each 500 square feet of building floor area.
         (b)   Vehicle service garages: one parking space for each 500 square feet of building floor area.
         (c)   Barber and beauty shops: three parking spaces for the first chair or booth and two for each additional chair or booth.
         (d)   Bowling alleys: seven parking spaces for each alley. If in addition to alleys, patrons are provided with assembly halls, bars, restaurants or other businesses, additional off-street parking spaces will be required in accordance with regulations of this section for the uses.
         (e)   Churches or places of public assembly: one parking space for each three seats.
         (f)   Commercial amusements (outdoor): 25% of lot area, but in no case less than ten parking spaces.
         (g)   Commercial recreation: one parking space for each 100 square feet of building floor space.
         (h)   Dance hall, roller rink, assembly hall, without fixed seats: 500% of building floor area used for dancing or assembly.
         (i)   Dwellings: two parking spaces for each family or dwelling unit. An additional parking space for each non-related person. Apartments require one and one-half spaces per dwelling unit.
         (j)   Fraternities and sororities: one parking space for each bed.
         (k)   Funeral homes and mortuaries: one parking space per 25 square feet of building floor area of assembly rooms.
         (l)   Furniture sales, retail: one parking space for each 500 square feet of building floor area.
         (m)   Convenience stores: seven parking spaces for general public plus one per employee at the maximum employment shift.
         (n)   Hospitals and rest homes: one parking space for each hospital bed and one parking space for each three rest home beds.
         (o)   Laundromats: one parking space for every two washing machines or 200 square feet of gross building floor area, whichever is greater.
         (p)   Professional office: one parking space for each 200 square feet of building floor area.
         (q)   Motels, hotels, motor courts, tourists or lodging homes, trailer courts and clubs: one and one-tenth parking spaces for each sleeping room. If, in addition to assembly halls, bars, restaurants, retail shops or other businesses, additional off-street parking spaces or other businesses, additional off-street parking spaces shall be required for the other uses in accordance with the regulations of this section for those uses.
         (r)   Libraries, museums, art galleries, community center buildings, municipal, county, state and federal administrative buildings, schools and colleges: provide adequate parking facilities as approved by the Planning Board.
         (s)   Manufacturing and industrial uses: one parking space for every one employee on the largest shift.
         (t)   Office buildings, including banks, business and professional offices: one parking space for each 200 square feet of building floor area, but in no case less than five spaces.
         (u)   Restaurants, taverns, bars and cocktail lounges and similar eating establishments: one parking space for each two seats provided for patron use.
         (v)   Retail sales and personal services (except self-service food markets or supermarkets): parking equivalent to 150% of the building floor area.
         (w)   Self-serve food market or supermarket: parking area equivalent to 300% of the building floor area.
         (x)   Theaters: one parking space for each four seats.
         (y)   Warehouses, storage buildings, lumber and supply yards, wholesale sales: two parking spaces for each employee. If retail sales exist, required parking spaces shall be determined by using retail floor space requirements for the building floor area used for retail in conjunction with employee requirement.
         (z)   In the case of a building, structure or premises, the use of which is not specifically mentioned herein, the provisions for a use which is mentioned and to which the use in question is similar, shall apply.
         (aa)   In case of a situation where there is more than one use in a single structure the following off-street parking regulations may apply:
            1.   For two uses per structure 95% of the otherwise combined required parking;
            2.   For three uses 90%;
            3.   For four uses 85%;
            4.   And for five or more 80%; and
            5.   In no case shall less than 80% be allowed.
      (3)   Provision of paved access drives between the nearest public street and a parking area shall be considered as an off-street parking requirement but not as part of the required parking area.
      (4)   The required parking area for a building shall be figured on the entire floor area of the first floor; parking for additional stories, including any basement, shall be added to the total of the required area for the first floor. Storage area on other than the first floor shall not be included in the total required area.
      (5)   The occupancy of a building or any part of a building shall not change from one use to a use in another classification unless the minimum parking requirements are provided for the new use.
      (6)   No building shall be enlarged if the enlargement requires additional parking space unless the minimum requirements for off-street parking are provided.
   (B)   General requirements.
      (1)   Application for parking lot construction. Any person desiring to establish or change a parking area shall submit plans to the Zoning Official showing the location design, size, shape, landscaping, surfacing, marking, lighting, drainage, curb cuts, entrances, exits and any other features of the parking lot. Any curb cuts, entrances, exits, drainage and design shall have the written approval of the city engineer or the Zoning Official and be presented for site plan approval by the Planning Commission.
      (2)   Design and construction.
         (a)   Off-street parking lots shall be so arranged and marked with adequate drives and aisles for safe and convenient maneuvering giving access to parking spaces, and in no case shall a parking space be permitted which would necessitate the backing of a motor vehicle into a street or over a public walk.
         (b)   Parking spaces shall be at a minimum nine feet by 18 feet in size. This does not include access drives and aisles.
         (c)   Each nonresidential parking space shall be served by a drive or aisle. Design and construction of drives and aisles must be approved by the city engineer or Zoning Official.
         (d)   There shall be a curb or bumper rail provided wherever an off-street parking and loading area adjoins a public sidewalk or right-of-way. The bumper rail shall be designed to prevent any portion of a vehicle from encroaching upon the sidewalk or right of way.
         (e)   Any lighting used to illuminate any off-street parking and loading area shall be arranged to direct light away from adjoining premises.
         (f)   Except for single and two family dwellings off-street parking and loading areas shall be surfaced with asphalt, bituminous or concrete pavement, and shall be graded and drained to dispose of all surface water.
         (g)   Access drives to and from a parking area shall be paved as stated in division (B)(2)(f) above. Design and construction of access drives must be approved by the city engineer or Zoning Official.
         (h)   Any construction or rearrangement of existing drives which involve the ingress and -or egress of vehicular traffic to or from a public street shall be arranged to insure the maximum safety and the least interference of traffic upon the streets.
   (C)   Off-street parking regulations within a residential district.
      (1)   For all residential buildings or nonresidential buildings in a residential district the required parking area shall be provided on the same lot with the buildings or on a lot immediately adjacent to the lot with the building intended to be served.
      (2)   All parking areas, except for dwellings, shall be screened on all sides abutting either a residential district or a street with an ornamental fence or compact hedge not less than four feet or more than six feet high of a type which will obscure vision at all seasons from adjoining premises.
      (3)   Within a residential district parking shall be limited to passenger vehicles, recreational vehicles and trucks with a load capacity of 214 tons or less.
      (4)   No commercial repair work, commercial servicing or selling of any kind shall be conducted on parking areas in residential districts, and no sign of any kind other than those indicating entrances, exits and conditions of use shall be erected thereon.
      (5)   Except as provided in § 154.58, the establishment and operation of an off-street parking area in a part of a residential district that is immediately adjacent to or across an alley from a business or industrial district and is intended to serve that business or industry may be authorized by the Planning Commission under the conditions and safeguards as hereinafter provided.
         (a)   Entrance and exit drives shall be a distance of at least 20 feet from any adjoining property line in a residential district.
         (b)   All requirements of this section shall be applied along with any other requirements deemed necessary or desirable by the Planning Commission for the protection of the parking area and the residential district in which the parking areas are to be located.
      (6)   The Zoning Official shall require execution of a performance agreement in the form, manner and amount he or she determines and may compel compliance with the performance of all off-street parking requirements of this chapter.
   (D)   Variances and exceptions.
      (1)   The parking provisions of this chapter may be met by participation in a municipal or joint community parking program designed to serve a larger area, provided all plans for the community parking have been approved by the Planning Commission.
      (2)   The Zoning Board of Appeals shall have authority to interpret this section and may in specific cases and after public hearing grant variances and exceptions to these requirements.
(Ord. 171, passed - -; Ord. 161, passed 12-10-2001)
§ 154.09  SPECIAL LAND USES AND STRUCTURES.
   (A)   Purpose.
      (1)   The development and execution of this chapter is based upon the division of the city into districts within which the uses of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform.
      (2)   It is recognized, however, that there are special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighborhood land, of the:
         (a)   Uses publicly operated or traditionally affected with a public interest; and
         (b)   Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
   (B)   General provisions.
      (1)   Initiation of special land use. Any person having a freehold interest in land, or a possessor interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, and which is specifically enforceable, may file an application to use the land for one or more of the special uses provided for in this chapter in the zoning district in which the land is located.
      (2)   Application of special land use. An application for a special land use shall be filed with the Zoning Official on a form prescribed by the Zoning Official. The application shall be accompanied by the plans and/or data prescribed by the Zoning Official and shall include as a minimum the requirements for site plan review as noted in § 154.70. The application shall also include a statement in writing by the applicant and adequate evidence showing that the proposed special land use will conform to the standards set forth in this section. The application shall also be accompanied by a fee to cover the expense of a public hearing.
      (3)   Receipt of application.
         (a)   Upon receipt of an application for a special land use which requires a decision on discretionary ground, one notice that a request for special land use approval has been received shall be published in a newspaper of general circulation in the city and shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet.
         (b)   The notice shall be given not less than five and not more than 15 days before the application will be considered.
            1.   If the name of the occupant is not known, the term “occupant” may be used in making notification.
            2.   Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organization, one occupant of each unit or spatial area shall receive notice.
            3.   In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.
         (c)   The notice shall:
            1.   Describe the nature of the special land use request;
            2.   Indicate the property which is the subject of the special land use request;
            3.   State when and where the special land use request will be considered;
            4.   Indicate when and where written comments will be received concerning the request; and
            5.   Indicate that a public hearing on the special land use request may be requested by a property owner or the occupant of a structure located within 300 feet of the boundary of the property being considered for a special use.
      (4)   Public hearing.
         (a)   At the initiative of the Planning Commission upon the request of the applicant for special land use authorization, or a property owner or the occupant of a structure located within 300 feet of the boundary of property being considered for special land use approval as provided in division (B)(3) above, a public hearing with notification as required for a notice of a request for special land use approval, as provided in division (B)(3) above, shall be held before a decision on the special land use request which is based on discretionary grounds shall be made.
         (b)   A decision on a special land use request which is based on discretionary grounds shall not be made unless notification of the request for special land use request is given as required by this section.
      (5)   Authorization. For each application for a special land use, the Zoning Official shall review the application and make a recommendation to the Planning Commission. The Planning Commission may deny, approve or approve with conditions any application for a special land use.
      (6)   Basis for decision. The Planning Commission shall incorporate their decision in a statement of conclusions relative to the special land use under consideration. The decision shall specify the basis for the decision and any conditions imposed.
      (7)   Standards. No special land use shall be recommended by the Zoning Official or approved by the Planning Commission unless it shall find:
         (a)   That the establishment, maintenance or operation of the special land use will not be detrimental to or endanger the public health, safety or general welfare or the natural environment;
         (b)   That the special land use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor shall it substantially diminish and impair property values within its neighborhood;
         (c)   That the establishment of the special land use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
         (d)   That adequate utilities, access roads, drainage and necessary facilities have been or are being provided;
         (e)   That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and
         (f)   That the special land use shall, in all other respects, conform to the applicable regulations of the district in which it is located and to any additional conditions or procedures as specified in division (C) below.
      (8)   Conditions and guarantees.
         (a)   Prior to granting of any special land use, the Planning Commission shall stipulate the conditions and restrictions upon the establishment, location, construction, maintenance and operations of the special land use as deemed necessary for the protection of the public interests and to secure compliance with the standards and requirements specified in this section.
         (b)   In all cases in which special land uses are granted, the Planning Commission shall require the evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Any conditions imposed shall remain unchanged except upon the mutual consent of the Planning Commission and the landowner. The Planning Commission shall maintain a record of changes granted in conditions.
      (9)   Effect of denial of a special land use. No application for a special land use which has been denied wholly or in part by the Planning Commission shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change or conditions found to be valid by the Zoning Official and the Planning Commission.
      (10)   Revocation. In any case where a special land use has not been established within one year after the date of granting authorization for the use, or if terms and conditions of permit are not met, or plans submitted are deviated from, the special land use authorization shall automatically be null and void without further action by the Planning Commission.
   (C)   Special land uses designated. The following are those uses identified as special land uses and the provisions - conditions that must be met so as to be approved in whole or conditionally.
      (1)   Home occupations. Home occupations may be permitted in the R-1, R-2 and R-3 Residential Districts as a special land use under the following procedures and conditions.
         (a)   The exterior appearance of the structure shall not be altered or the occupations within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises or vibrations.
         (b)   No more than one person other than members of the immediate family occupying the dwelling shall be employed.
         (c)   No more than 50% of the gross area of one floor of the residences shall be used for such purposes any portion of a garage used in connection of a home occupation shall be included in the calculation of a maximum area allowed for the home occupation.
         (d)   There shall be no outside storage of any kind related to any home occupation.
         (e)   The use may not increase vehicular traffic flow and parking by more than one additional vehicle at a time, unless off-street parking regulations is provided.
         (f)   Mechanical or electrical equipment employed by the home occupation shall be comparable to the machinery or equipment customarily found in the home associated with a hobby or avocation.
         (g)   Only one nameplate shall be allowed in accordance with the sign regulations of this chapter. It may display name of the home occupation (e.g., John Doe, realtor).
         (h)   No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.
      (2)   Low density apartments. Low density apartments are permitted as a special land use in the R-2 and R-3 Residential Districts under the following provisions and conditions:
         (a)   The density (lot area per dwelling unit) of the zone shall be complied with;
         (b)   All apartment regulations and requirements of this chapter shall be complied with;
         (c)   At least eight dwelling units shall be constructed;
         (d)   All yard requirements of the zone district shall be increased 50% except in a zone permitting apartments as a principal use;
         (e)   All dwelling units shall be supplied with public sewer and water; and
         (f)   No building shall exceed 120 feet in width or depth and all buildings shall be of substantially similar appearance as other conforming uses in the neighborhood.
      (3)   High density apartments. High density apartments are permitted in the R-3 Residential District as a special land use according to the following provisions and conditions:
         (a)   The site location must be within 700 feet of a B Business District;
         (b)   The project can have a maximum height of 52 feet;
         (c)   There shall be at least eight dwelling units therein and all yard provisions of the zones shall be complied with;
         (d)   No minimum lot area per dwelling unit is required, provided that off-street parking requirements shall be complied with upon the same lot; and
         (e)   All buildings shall comply with the fire prevention code of the city.
      (4)   Office buildings. Office buildings and uses customarily carried on in an office are permitted as a special land use on any lot facing upon a marked state or federal highway in any R-3 Zone.
      (5)   Rooming houses, boarding houses and motels for transient guests. Rooming houses, boarding houses and motels for transient guests are permitted as a special land use on any lot in a R-2 District facing upon a marked state or federal highway, provided that the total lot coverage shall not exceed 75%.
      (6)   Mortuaries and professional buildings. Mortuary establishments and their customary accessory buildings, offices for realty, professional, insurance or similar occupations customarily carried on in an office, beauty salons and barber shops are permitted as a special land use on any lot located upon a major street as designated on the master plan of the city if located in an R-2 District within 700 feet of the B-2 District, provided that the use does not involve the sale or repair of products or equipment upon the premises.
      (7)   Apartment buildings. Groups of apartment buildings in the same ownership may be permitted as a special land use in the R-3 Residential District on the same lot if the following requirements are complied with:
         (a)   No type of building shall be located in front of the main entrance wall of an apartment building unless separated by a common yard of at least 50 feet;
         (b)   No apartment building shall be located in back of the rear entrance wall of another apartment building unless separated by a common yard of at least 80 feet;
         (c)   There shall be at least 40 feet of yard space behind the rear wall of any apartment dwelling unobstructed by any accessory building or parking area. However, for good cause the yard space may be located beyond a parking area, drive or attached garage;
         (d)   No building shall be located closer to another building than a distance equal to its height; and
         (e)   No more than two such buildings may be attached by a common unpermed fire wall. Garages may be attached to an apartment dwelling provided there is a fire wall where so attached.
      (8)   Neighborhood renewal. Any other provision of this section notwithstanding, a lot which has a deteriorated principal building located thereon may be renewed and used for a high density apartment building as a special land use in an R-3 Residential District provided that:
         (a)   The deteriorated building is demolished;
         (b)   All zone requirements are complied with except as reduced herein;
         (c)   There shall be at least 1,700 square feet of lot area for each dwelling unit, provided that where additional vacant land has been acquired and added to the renewed lot the additional dwelling units permitted thereby shall be calculated according to the zone regulations; and
         (d)   The renewal is completed within two years of the demolition of the prior use.
      (9)   Convenience store w/fuel dispensing, vehicle repair shop (engine repair) and collision repair. No land or building shall be used as a service station or an automobile repair shop unless located in the B-2, B-3 or I Districts as a special land use and then only if the site plan shows that:
         (a)   The lot is at least 100 feet in width and depth;
         (b)   All above ground or underground structures other than permitted signs or drives are at least 20 feet from any lot line, and at least 25 feet from any residential zone line;
         (c)   The area for outdoor parking, servicing or storage of vehicles is paved and conforms to § 154.08;
         (d)   Driveways will be at least 24 feet from any intersecting street rights-of-way or residential zone lines; and
         (e)   A paved or enclosed area for the storage of inoperable or damaged vehicles awaiting repair is provided which is screened from any public street or residential zone.
      (10)   Vehicle sales area. Vehicle sales areas may only be permitted as a special land use in the B-3 and I (Industrial) Districts. No vehicle sales area may be accessory to a convenience store with fuel dispensing. The plot plan for proposed vehicle sales area shall show that:
         (a)   Provisions of (C)(9)(a) through (e) are complied with provided that no vehicles or equipment shall be located closer than ten feet to any side or rear property line nor closer than 25 feet to any front street right-of-way;
         (b)   All areas used for the parking or storage of vehicles shall be paved in accordance with § 154.08; and
         (c)   The direct source of display lighting shall be screened from any public street or residential zone.
      (11)   Salvage yards. Salvage yards may be permitted as a special land use only in the I District, and only providing that the following requirements are complied with.
         (a)   Plans and specifications shall be submitted to the Planning Commission which shall include:
            1.   Specific location of the facility shown on a vicinity map;
            2.   Location of public roadways, habitable structures and places of public use on the site and other properties influenced by the project;
            3.   Legal description and site boundaries;
            4.   Means of limiting access including fencing, gates, natural barriers or other methods;
            5.   Details of the method of treating or disposing of liquid waste resulting from operation of the facility as it related to the city’s wastewater treatment facility;
            6.   Location of all structures and equipment;
            7.   Detailed description and statement appurtenances and procedures intended to handle heavy or bulky items, store refuse beyond the end of the working day and control dust, odors and fire as they comply with state and federal regulations;
            8.   Location of existing proposed utilities available to the site;
            9.   Method of final reduction such as compacting, grinding, shredding, compression or tamping equipment;
            10.   Daily clean-up procedures;
            11.   A certified manifest which discloses the type and nature of a material stored on site (for any amount of time) shall be maintained with the city for purposes of identifying any potential threat to public health or safety. The city reserves the right to prohibit particular stored items, materials or substances which would jeopardize public health or safety; and
            12.   Other details necessary as required by the Planning Commission.
         (b)   A facility shall be located not less than 500 feet from the nearest residential zone and must be screened by a fence of not less than eight feet in height and not less than 75% solid. It must also be screened by fences from streets, roads or highways open to public vehicle travel.
         (c)   The site must be located on major arterial roads and not on residential or collector type roads. Roadways on the property shall be all weather roads and maintain a condition to prevent a dust nuisance.
         (d)   Dust and odor resulting from unloading and operation of the facility shall be reasonably controlled at all times. Operation of the facility shall be carried on in a manner to prevent noise and vibration, nuisance to an adjoining property.
         (e)   Storage of highly flammable or explosive materials shall only be allowed on the premises if storage methods, approved by the office of State Fire Marshal, are utilized at all times.
         (f)   Salvage yard site shall not be less than five acres in size.
         (g)   Open burning shall not be carried on in a salvage area facility.
         (h)   The salvage yard area shall be maintained in a sanitary manner at all times so as not to create general unsightliness or health and safety hazards.
         (i)   Necessary operations of the salvage yard shall be carried out promptly in a systematic manner so that conditions are unfavorable for harborage and production of insects and rodents.
         (j)   Adequate provision shall be made for routine operational maintenance of the facility and all appurtenances.
      (12)   Medical marihuana manufacturing and distribution facilities.
         (a)   Medical marijuana manufacturing and distribution facilities as otherwise contemplated by the city code may be permitted provided the conditions below are met.
            1.   No medical marijuana manufacturing and distribution facility shall be permitted within 1,000 feet of a church.
            2.   No medical marijuana manufacturing and distribution facility shall be permitted within 1,000 feet of a drug-free school zone.
            3.   No medical marijuana manufacturing and distribution facility shall be permitted with in 1,000 feet of a child care facility.
            4.   No medical marijuana manufacturing and distribution facility shall be permitted within 1,000 feet of a residence or a district zoned for residential use.
         (b)   The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property line upon which the proposed use is to be located, and the zoning district boundary, property or residence from which the proposed land use is to be separated.
      (13)   Discretionary authority. The Planning Commission shall have discretionary authority to grant special land use permits for uses not specifically listed above as long as the standards for granting special land uses found in division (B)(7)(a) through (f) above are satisfied.
(Ord. 161, passed 12-10-2001; Ord. 176, passed 5-9-2011)
§ 154.10  SITE PLAN REVIEW.
   (A)   Purpose.
      (1)   Before a zoning permit is issued for any use identified as such, a site plan shall be submitted to the Planning Commission for review and approval.
      (2)   Before granting approval, the Planning Commission shall ascertain that all provisions of this chapter are complied with and that the proposed location and arrangement of buildings, accesses, parking areas, walkways, yards, open areas and other improvements are such as to produce no potential health, safety or protection hazards and that the arrangement of buildings and structures will provide convenience for the intended occupants or utilization by the public and will be harmonious with development of adjacent properties.
   (B)   Scope.
      (1)   Except as set forth below, the Zoning Official shall not issue a zoning permit for construction of any buildings, structures or uses until a site plan, submitted in accordance with this chapter, shall have been reviewed and approved and signed by the Planning Commission.
      (2)   The following buildings, structures or uses shall be exempt from the site plan review and procedure:
         (a)   Single or two-family homes under separate ownership on an individual and separate lot for each home; and
         (b)   Uses such as on-premises advertising signs, and essential service structures or buildings.
   (C)   Optional sketch plan review.
      (1)   Preliminary sketches of proposed site and development plans may be submitted for review to the Planning Commission prior to final approval.
      (2)   The purpose of the procedure is to allow discussion between an owner and the Planning Commission to better inform the owner of the acceptability of his or her proposed plans prior to incurring extensive engineering and other costs which might be necessary for final site plan approval.
      (3)   The sketch plans shall include the following:
         (a)   The name and address of the applicant or developer, including the names and addresses of any officers of a corporation or partners of a partnership;
         (b)   A legal description of the property; and
         (c)   Sketch drawings showing tentative site and development plans. The Planning Commission shall not be bound by a tentative approval given at this time.
   (D)   Application procedure. Requests for final site plan review shall be made by filing with the Zoning Official the following:
      (1)   A review fee as determined by resolution of the City Council based upon the cost of processing the review. The resolution shall be on file with the City Clerk/Treasurer for public information;
      (2)   Three copies of the completed application form for site plan review which shall contain, as a minimum, the following:
         (a)   The name and address of the applicant;
         (b)   The legal description of the subject parcel of land;
         (c)   The area of the subject parcel of land stated in acres, or if less than one acre, in square feet;
         (d)   The present zoning classification of the subject parcel; and
         (e)   A general description of the proposed development.
      (3)   Three copies of the proposed site plan which shall include, as a minimum, the following:
         (a)   The plan shall be drawn to a scale of not greater than one inch equals 20 feet for a development of not more than three acres and a scale of not less than one inch equals 100 feet for a development in excess of three acres;
         (b)   The plan shall show an appropriate descriptive legend, north arrow, scale, date of preparation and the name and address of the individual or firm preparing the same;
         (c)   The property shall be identified by lot lines and general location together with dimensions, angles and size correlation with the legal description of the property;
         (d)   The topography of the site with at least two-foot contour intervals and all natural features such as wood lots, streams, rivers, lakes, wetlands, unstable soils or similar features shall be shown;
         (e)   Existing human-made features upon the site and within 100 feet of the same shall be disclosed;
         (f)   The location, proposed finished floor and grade line elevations, and size of proposed main and accessory buildings, the relationship of buildings to one another and to any existing structures on the site, the height of all buildings and square footage of floor space therein shall be disclosed. Site plans for multiple-family residential development shall also include a density schedule showing the number of dwelling units per net acres, including a dwelling schedule showing the unit type and number of each such units;
         (g)   All proposed and existing streets, driveways, sidewalks and other vehicle or pedestrian circulation features upon and adjacent to the site shall be shown, together with the location, size and number of parking spaces in off-street parking areas, service lanes thereto and service parking and delivery or loading areas;
         (h)   The location, use and size of open spaces, together with landscaping, screening, fences, walls and proposed alterations of topography or other natural features shall be indicated;
         (i)   The proposed operations on the site shall be described in sufficient detail to indicate the effect, if any, upon adjoining lands and occupants, together with any special features which are proposed to relieve any adverse effects to adjoining land and occupants. Any potential demands for future community services will also be described, together with any special features which will assist in satisfying the demands;
         (j)   Any earth-change plans required by state law shall also be submitted with the application;
         (k)   On-site lighting, surface water drainage for the site and proposed sanitary sewage disposal and water supply shall be included in the plans; and
         (l)   The site plan shall include other information as may be determined to be necessary by the City Planning Commission because of any peculiar features of the proposed development.
   (E)   Action on application and plans.
      (1)   The Zoning Official shall record the date of the receipt of the application and plans, and applicant shall provide 15 copies (one for each Planning Commissioner, one for the Zoning Official and two office use or for distribution to an outside reviewer (planning consultant, engineer, lawyer and the like).
      (2)   A hearing shall be scheduled for a review of the application and plans as well as reviewing the recommendations of the Zoning Official. Members of the Planning Commission shall be delivered copies of the application prior to the hearing for their preliminary information and study. Plans should be available at the city office for seven calendar days prior to the meeting. The hearing shall be scheduled within not more than 30 days following the date of the receipt of the plans and application by the Zoning Official.
      (3)   The applicant shall be notified of the date, time and place of the hearing on his or her application not less than three days prior to that date.
      (4)   Following the hearing, the Planning Commission shall have the authority to approve, disapprove, modify or alter the proposed plans in accordance with the purpose of the site plan review provisions of this chapter and the criteria contained herein.
         (a)   Any required modification or alteration shall be stated in writing, together with the reasons for the modification, and delivered to the applicant. The Planning Commission may either approve the plans contingent upon the required alterations or modifications, if any, or may require a further review after the same have been included in the proposed plans for the applicant.
         (b)   The decision of the Planning Commission shall be made by the Board within 30 days of receipt of the application by the Zoning Official.
      (5)   One copy of the approved final site plan, including any required modifications or alterations, shall be maintained as part of the city records for future review and enforcement.
         (a)   One copy shall be returned to the applicant. Each copy shall be signed by the Chairperson of the Planning Commission for identification of the finally approved plans.
         (b)   If any variances from the zoning ordinance have been obtained from the Zoning Board of Appeals, the minutes concerning the variances duly signed shall also be filed with the city records as a part of the site plan and delivered to the applicant for his or her information and direction.
         (c)   The site plan shall be come part of the record of approval, and subsequent actions relating to the activity authorized shall be consistent with the approved site plan, unless a change conforming to this chapter receives the mutual agreement of the landowner and the Planning Commission.
   (F)   Criteria for review. In reviewing the application and site plan and approving, disapproving or modifying the same, the Planning Commission shall be governed by the following standards:
      (1)   That there is a proper relationship between the existing streets and highways within the vicinity and proposed deceleration lanes, service drives, entrance and exit driveways and parking areas to insure the safety and convenience of pedestrian and vehicular traffic;
      (2)   That the buildings and structures proposed to be located upon the premises are so situated as to minimize adverse effects upon owners and occupants of adjacent properties;
      (3)   That as many natural features of the landscape shall be retained as possible where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes and where they assist in preserving the general appearance of the neighborhood;
      (4)   That any adverse effects of the proposed development and activities emanating therefrom which affect adjoining residents or owners shall be minimized by appropriate screening, fencing, landscaping, setback and location of buildings, structures and entryways;
      (5)   That the layout of buildings and improvements will minimize any harmful or adverse effect which the development might otherwise have upon the surrounding neighborhood;
      (6)   That all provisions of the zoning ordinance are complied with. This would not preclude the applicant from applying for an appropriate variance with the Zoning Board of Appeals. The Planning Commission may conditionally approve a site plan subject to the granting of any appropriate variance; and
      (7)   Plans and design of facilities to properly contain, or dispose of, storm water shall be approved by the Planning Commission based on review and recommendation by a licensed engineer, the cost of which will be paid by the applicant.
   (G)   Conformity to approved site plan.
      (1)   Revocation of site plan approval.
         (a)   Property which is the subject of site plan approval must be developed in strict compliance with the approved site plan, inclusive of any amendments, which have received the approval of the Planning Commission. If construction and development does not conform with the approved plan, the approval of the site plan shall be revoked by the Zoning Official by written notice of the revocation posted upon the premises involved and mailed to the owner at his or her last known address.
         (b)   Upon revocation of the approval all construction activities shall cease upon the site until such time as the violation has been corrected or the Planning Commission has, upon proper application of the owner and after hearing, approved a modification in the site plan to coincide with the owner’s construction or altered plans for construction as being in compliance with the criteria contained in the site plan approval provisions and with the spirit, purpose and intent of this chapter.
      (2)   Criteria for commencing construction.
         (a)   Approval of the site plan shall be valid for a period of one year.
         (b)   If a building permit has not been obtained and on-site development actually commenced within one year, the site plan approval shall become void and a new application for site plan approval shall be required and new approval obtained before any construction or earth change is commenced upon the site.
         (c)   The one-year period may be extended for extenuating circumstances.
         (d)   The circumstances must be made known to the Planning Commission and the extension approved by same.
   (H)   Amendment to site plan. A proposed amendment, modification or alteration to a previously approved site plan may be submitted to the Planning Commission for review in the same manner as the original application was submitted and reviewed.
   (I)   Performance bond.
      (1)   The Planning Commission shall have the right and authority to require the developer to file with the city Zoning Official at the time of application for a zoning permit, a performance agreement in a form approved by the Zoning Official to ensure the development of the site in accordance with the approved site plan, conditioned upon the proper construction and development.
      (2)   The agreement shall continue for the duration of the construction and development of the site.
(Ord. 161, passed 12-10-2001)
DISTRICTS; DESCRIPTION AND PROVISIONS
§ 154.20  R-1 ONE-FAMILY RESIDENTIAL DISTRICT.
   (A)   Intent. This district is established to create and preserve single-family neighborhoods free from other uses except those which are both compatible with and convenient to the residents of such a district. These districts will be developed as lower density single-family neighborhoods. Dwellings in this district are required to be on permanent load bearing perimeter walls.
   (B)   Permitted uses.
      (1)   One single-family dwelling on each lot;
      (2)   Farming or horticulture;
      (3)   Institutional or public uses;
      (4)   Essential services; and
      (5)   Customary accessory uses to above.
   (C)   Special land uses. Home occupations as provided in § 154.09(C), a subject to the further limitation of a maximum of 25% of one floor devoted to the use and no use of accessory buildings.
   (D)   Required conditions.
      (1)   Parking: refer to § 154.08.
      (2)   Signs: refer to Chapter 152.
      (3)   Lot width, lot area and yard shall meet or exceed the requirement in § 154.06 and shall meet the provisions in the general provisions §§ 154.29 through 154.58.
      (4)   The floor area of all dwellings shall meet or exceed the requirements of § 154.06.
      (5)   Lot coverage: refer to § 154.06.
      (6)   Height: refer to § 154.06.
      (7)   Site plan review and approval shall be obtained in accordance with § 154.10 for the following uses: institutional and public uses.
      (8)   Conformance with smoke detector provisions in § 150.02.
   (E)   Prohibited uses. Any use other than specified in divisions (B) and (C) above. The following uses are expressly prohibited:
      (1)   Motels;
      (2)   Garage apartments. (This does not prohibit living space above an attached garage to be inhabited by owner);
      (3)   Rooming houses; and
      (4)   Livestock or fowl raising.
(Ord. 161, passed 12-10-2001)
§ 154.21  R-2 RESIDENTIAL DISTRICT.
   (A)   Intent.
      (1)   This district is composed of low and medium density single-family residential areas where medium density development has occurred, or appears likely to occur.
      (2)   The regulations for this section are designed to protect and stabilize the essential characteristics of these areas, and to promote and encourage a suitable and safe environment for family life.
      (3)   Dwellings in this district are required to be on permanent load bearing perimeter walls.
   (B)   Permitted uses.
      (1)   All uses permitted in the R-1 Zoning District;
      (2)   Private museums;
      (3)   Bed and breakfast;
      (4)   Institutions of philanthropic and charitable nature;
      (5)   Building and uses customarily incident to the above, permitted uses shall include not more than one private garage or community garage which shall provide parking space for not more than three motor vehicles per living unit, not more than one of which may be a commercial vehicle which shall not exceed one and one-half tons capacity, provided the commercial vehicle is owned and operated by a member of the family who resides in the living unit;
      (6)   Off-street parking on a lot or a group of lots when the lots are located in the rear of a business district or adjacent to a business district;
      (7)   Nursing homes and convalescent homes; and
      (8)   Storage of unoccupied, property owner or renter owned, licensed, recreational equipment.
   (C)   Special land uses. Refer to § 154.09.
      (1)   Home appliance repair shops;
      (2)   Two-family dwellings;
      (3)   Boarding, rooming and lodging houses; and
      (4)   Uses listed as special uses in § 154.09(C).
   (D)   Required conditions.
      (1)   Parking: refer to § 154.08.
      (2)   Lot width, lot area and yards shall meet or exceed the requirements in § 154.06 and shall meet the provisions in the general provisions §§ 154.29 through 154.58.
      (3)   The floor area of all dwellings shall meet or exceed the requirements of § 154.06.
      (4)   Lot coverage: refer to § 154.06.
      (5)   Height: refer to § 154.06.
      (6)   Site plan review and approval shall be obtained in accordance with § 154.10 for the following uses:
         (a)   Institutional and public uses;
         (b)   Home appliance repair shop; and
         (c)   Uses listed as special uses in § 154.09(C).
      (7)   Conformance with smoke detector provisions in § 150.02.
   (E)   Prohibited uses. Any use other than specified in divisions (B) and (C) above. The following uses are expressly prohibited:
      (1)   Motels;
      (2)   Garage apartments; and
      (3)   Storage, parking or use of moving vans, automobile carriers and bus bodies shall not be allowed or considered a legal accessory use in R-2 Districts.
(Ord. 161, passed 12-10-2001)
§ 154.22  R-3 RESIDENTIAL DISTRICT.
   (A)   Intent. This district is composed of certain areas within the municipality where multi-family residential development has occurred or appears desirable to occur. To these ends development is restricted to multi-family residential use and uses which are determined compatible by the Planning Commission with this type of development. Dwellings in this district are required to be on permanent load bearing perimeter walls.
   (B)   Permitted uses.
      (1)   Conversion of a dwelling to up to four dwelling units;
      (2)   An apartment building of two to 12 dwelling units;
      (3)   Two attached apartment buildings divided by a fire wall;
      (4)   Institutional or public uses;
      (5)   Essential services; and
      (6)   Customary accessory uses to the above.
   (C)   Special land uses. Refer to § 154.09.
      (1)   High density apartments (more than 12 dwelling units);
      (2)   Group dwellings;
      (3)   Low density apartments;
      (4)   Planned unit developments; and
      (5)   Home occupations.
   (D)   Required conditions.
      (1)   Parking: refer to § 154.08.
      (2)   Signs: refer to Chapter 152.
      (3)   Lot width, lot area and yards shall meet or exceed the requirements of § 154.06 and shall meet the provisions in the general provisions §§ 154.29 through 154.58.
      (4)   For purposes of these sections, the floor area of all dwellings or dwelling units in a building shall average 600 square feet per dwelling unit, exclusive of the floor area for commercial hallways, stairs, laundries, utilities or other commercial uses.
      (5)   Lot coverage: refer to § 154.06.
      (6)   Height: refer to § 154.06.
      (7)   Site plan review and approval shall be obtained in accordance with § 154.10 for the following uses:
         (a)   An apartment building of two to 12 dwelling units;
         (b)   Two attached apartment buildings divided by a fire wall;
         (c)   Professional offices, one story only;
         (d)   Institutional or public uses; and
         (e)   All uses which are specified as special land uses in § 154.09.
      (8)   Conformance with smoke detector provisions in § 150.02.
   (E)   Prohibited uses. Any use other than specified in division (B) above is prohibited, unless allowed as a special land use in division (C) above:
      (1)   Garage apartments;
      (2)   Sale of products or equipment on any lot and the use of a dwelling for more than one dwelling unit when located on a lot of less than 50 feet in width; and
      (3)   Storage, parking or use of moving vans, automobile carriers and bus bodies shall not be allowed or considered a legal accessory use in R-2 Districts.
(Ord. 161, passed 12-10-2001)
§ 154.23  MH MANUFACTURED HOUSING COMMUNITY.
   (A)   Intent.
      (1)   This district is designed to accommodate modern manufactured housing communities or mobile home parks in a manner consistent with the general rules of the State Manufactured Housing (Mobile Home) Commission.
      (2)   The regulations of this district are intended to provide adequate space and facilities for healthful living conditions for the occupants of those areas.
      (3)   Mobile home parks should be serviced by municipal services or by systems approved by the appropriate state, county and city agencies.
      (4)   All mobile home districts should have direct access to a public thoroughfare which provides safe and adequate access.
   (B)   Permitted uses.
      (1)   Manufactured housing communities; and
      (2)   Mobile home parks.
   (C)   Special land uses. No special land uses are permitted in the MH Residential District.
   (D)   Required conditions.
      (1)   Manufactured housing communities and mobile home parks shall comply with all regulations promulgated under the Mobile Home Commission Act (Public Act 96 of 1987, being M.C.L.A. §§ 125.2301 through 125.2350) as may be amended.
      (2)   All permitted uses shall undergo review and approval of a site plan in accordance with § 154.10(A). All new buildings shall undergo review and approval of a site plan in accordance with § 154.10(A).
(Ord. 161, passed 12-10-2001)
§ 154.24  B-1 BUSINESS RESIDENTIAL DISTRICT.
   (A)   Intent. This district is established to create and preserve areas for those commercial facilities which are especially useful in close proximity to residential areas, while minimizing the undesirable impact of the uses on the neighborhoods which they service.
   (B)   Permitted uses.
      (1)   Store for convenience and retail sales and services;
      (2)   Office buildings, studio;
      (3)   Schools and places of worship; and
      (4)   Bed and breakfast and tourist homes.
   (C)   Special land uses. Refer to § 154.09.
      (1)   Mortuary and bank;
      (2)   Institutional or public services;
      (3)   Essential services; and
      (4)   Repairs, processing and uses accessory to the above uses on the premises.
   (D)   Required conditions.
      (1)   All permitted uses shall be conducted within the confines of a building or within an enclosure which screens any outdoor operations or storage of materials from the view of adjoining streets or properties. The foregoing shall not apply to permitted automotive sales areas, convenience store, fuel dispensing site, vehicle repair shop the sale of produce and plants in semi-open structures or drive-in retail establishments serving the customer from his or her vehicle. A chain link or decorative fence of sufficient density to keep discarded debris within the confines of a site shall be provided for the outdoor eating establishments or uses which are likely to have the debris.
      (2)   Parking: refer to § 154.08.
      (3)   Signs: refer to Chapter 152.
      (4)   Existing dwellings, existing transient rooming housing and existing apartments shall meet the provisions of the R-3 District and special land uses within the R-3 District.
      (5)   Lot width, lot area, and yards shall meet or exceed the requirements of § 154.06 and shall meet the provisions in the general provisions of §§ 154.29 through 154.58.
      (6)   Height: refer to § 154.06.
      (7)   Site plan review and approval must be obtained for all uses requiring new parking areas or additions to parking areas. Site plan review must be done in accordance with § 154.10. All new buildings shall undergo review and approval of a site plan in accordance with § 154.10(A).
   (E)   Prohibited uses. Any use other than specified in divisions (B) and (C) above is prohibited. The following uses are expressly prohibited:
      (1)   Manufacturing or industrial uses or processes which are not clearly incidental and subordinate to a wholesale or retail business use on the premises;
      (2)   Outdoor storage of motor vehicles in need of repair or in inoperable condition;
      (3)   Any use which emits odors, fumes, smoke, dust, vibration or noise in excess of normal traffic noise;
      (4)   Any use which is prohibited in the I District; and
      (5)   Transient rooming houses, motels, hotels and trailers in trailer courts.
(Ord. 161, passed 12-10-2001)
§ 154.25  B-2 CENTRAL BUSINESS DISTRICT.
   (A)   Intent. This district is established to create and preserve a central business district convenient and attractive for a wide range of retail uses and business, government and professional offices and places of amusement in a setting conducive to and safe for a high volume of pedestrian traffic with limited residential use.
   (B)   Permitted uses.
      (1)   Convenience and comparison retail sales and services;
      (2)   Office buildings, mortuary, bank;
      (3)   Laundry and dry cleaning;
      (4)   Printing and publishing;
      (5)   Drink and restaurant establishments;
      (6)   Train, bus or taxi terminal or dispatching;
      (7)   Institutional or public services;
      (8)   Essential services;
      (9)   Repairs, processing and uses accessory to the above uses on the premises; and
      (10)   Hotels, motels.
   (C)   Special land uses. Refer to § 154.09.
      (1)   Amusement, club, recreation; and
      (2)   Apartments above stores.
   (D)   Required conditions.
      (1)   All permitted uses shall be conducted within the confines of a building or within an enclosure which screens any outdoor operations or storage of materials from the view of adjoining streets or properties. The foregoing shall not apply to permitted automotive sales areas, convenience store, fuel dispensing site, vehicle repair shop, the sale of produce and plants in semi-open structures or drive-in retail establishments serving the customer from his or her vehicle. A chain link or decorative fence of sufficient density to keep discarded debris within the confines of a site shall be provided for outdoor eating establishments or uses which are likely to have the debris.
      (2)   Parking: refer to § 154.08.
      (3)   Signs: refer to Chapter 152.
      (4)   Existing dwellings, existing transient rooming housing and existing apartments shall meet the provisions of the R-3 District and special land uses within the R-3 District.
      (5)   Lot width, lot area and yards shall meet or exceed the requirements of § 154.06 and meet the provisions in the general provisions §§ 154.29 through 154.58.
      (6)   Height: refer to § 154.06.
      (7)   Site plan review and approval must be obtained for all uses requiring new parking areas or additions to parking areas. Site plan review must be done in accordance with § 154.10. All new buildings shall undergo review and approval of a site plan in accordance with § 154.10(A).
   (E)   Prohibited uses. Any use other than specified in divisions (B) and (C) above is prohibited. The following uses are expressly prohibited:
      (1)   Manufacturing or industrial uses or processes which are not clearly incidental and subordinate to a wholesale or retail business use on the premises;
      (2)   Outdoor storage of motor vehicles in need of repair or in inoperable condition;
      (3)   Any use which emits odors, fumes, smoke, dust, vibration or noise in excess of normal traffic noise;
      (4)   Any use which is prohibited in the I District; and
      (5)   Transient rooming houses and mobile home parks.
(Ord. 161, passed 12-10-2001)
§ 154.26  B-3 COMMUNITY COMMERCIAL DISTRICT.
   (A)   Intent. This district is composed of certain land along highways, major thoroughfares or parcels near major thoroughfares with adequate isolation from adjoining residential uses, intended for uses necessary or convenient to service the residents of the community and those commercial establishments which are of a similar nature in their service to the public.
   (B)   Permitted uses.
      (1)   Convenience and comparison retail sales and services;
      (2)   Office buildings, mortuary, bank;
      (3)   Produce stand, greenhouse;
      (4)   Laundry and dry cleaning;
      (5)   Plumbing, electrical, welding, repair shop;
      (6)   Printing or publishing;
      (7)   Drink and restaurant establishments;
      (8)   Train, bus or taxi terminal or dispatching;
      (9)   Lumber, or building supply yards screened;
      (10)   Hotel, motel, tourist or boarding house;
      (11)   Institutional or public uses or essential service; and
      (12)   Repairs, processing and uses accessory to the above uses on the premises.
   (C)   Special land uses. Refer to § 154.09.
      (1)   Amusement, club, recreation;
      (2)   Warehouse, distribution or storage of goods; and
      (3)   Dispensing of vehicle propellants and/or heating fuels.
   (D)   Required conditions.
      (1)   All permitted uses shall be conducted within the confines of a building or within an enclosure which screens any outdoor operations or storage of materials from the view of adjoining streets or properties. The foregoing shall not apply to permitted automotive sales areas, convenience store, fuel dispensing site, vehicle repair shop, the sale of produce and plants in semi-open structures or drive-in retail establishments serving the customer from his or her vehicle. A chain link or decorative fence of sufficient density to keep discarded debris within the confines of a site shall be provided for outdoor eating establishments or uses which are likely to have the debris.
      (2)   Parking: refer to § 154.08.
      (3)   Signs: refer to Chapter 152.
      (4)   Existing dwellings, existing transient rooming houses and existing apartments shall meet the provisions of the R-3 District and special land uses within the R-3 District.
      (5)   Lot width, lot area, and yards shall meet or exceed the requirements of § 154.06 and meet the provisions in the general provisions §§ 154.29 through 154.58. In the B-3 District, a building erected upon a lot existing at the date of adoption of this chapter shall set back 60 feet or a distance equal to one-fourth of the existing lot depth, whichever is the lesser, provided that no such front yard shall be less than 25 feet nor include any part of the lot excluded in the general provisions.
      (6)   Height: refer to § 154.06.
      (7)   Site plan review and approval must be obtained for all uses requiring new parking areas or additions to parking areas. The site plan review must be done in accordance with § 154.10. All new buildings shall undergo review and approval of a site plan in accordance with § 154.10(A).
   (E)   Prohibited uses. Any use other than specified in divisions (B) and (C) above is prohibited. The following uses are expressly prohibited:
      (1)   Manufacturing or industrial uses or processes which are not clearly incidental and subordinate to a wholesale or retail business use on the premises;
      (2)   Outdoor storage of motor vehicles in need of repair or in inoperable condition;
      (3)   Any use which emits odors, fumes, smoke, dust, vibration or noise in excess of normal traffic noise; and
      (4)   Any use which is prohibited in the I District.
(Ord. 161, passed 12-10-2001)
§ 154.27  B-4 OFFICE DISTRICT.
   (A)   Intent.
      (1)   The office district is intended to permit those office and personal services which will provide office buildings in properly landscaped settings, incorporating appropriate screening, adjacent to residential areas, establishing an appropriate district for uses which do not generate large volumes of traffic, traffic congestion and parking problems and which will promote the most desirable use of land in accordance with city land use development policies.
      (2)   The district is intended to encourage clustering of office buildings and discourage linear strip development. Furthermore, the district is intended to provide for a transition area between residential uses and uses less compatible with residential areas.
   (B)   Permitted uses.
      (1)   Professional offices (but not including medical/dental offices); and
      (2)   Office buildings and offices such as architectural, engineering, real estate and insurance offices where goods and wares are not created, sold, distributed or warehoused.
   (C)   Special land uses.
      (1)   Child day care centers (with care being given to a maximum of 16 children);
      (2)   Medical/dental clinics; and
      (3)   Funeral homes.
   (D)   Required conditions.
      (1)   The location of all buildings in this district shall meet all requirements of § 154.06 for the B-1 Business Residential District.
      (2)   All permitted uses shall undergo review and approval of a site plan in accordance with § 154.10(A).
      (3)   All off-street parking and loading requirements of § 154.08(A) shall be met.
(Ord. 161, passed 12-10-2001)
§ 154.28  I INDUSTRIAL DISTRICT.
   (A)   Intent. This section establishes and preserves areas for industrial and related uses of such a nature that they do not create serious problems of compatibility with other kinds of land uses, and is intended to make provisions for certain kinds of commercial uses which are most appropriately located as neighbors of industrial uses or which are necessary to service the immediate needs of the people in these areas.
   (B)   Permitted uses.
      (1)   Industrial uses and processes manufacturing;
      (2)   Fabrication;
      (3)   Assembly;
      (4)   Packaging;
      (5)   Printing;
      (6)   Reproduction;
      (7)   Equipment service;
      (8)   Transportation;
      (9)   Storage and warehousing;
      (10)   Accessory retail sales connected with a principal use;
      (11)   Farming;
      (12)   Institutional and public uses;
      (13)   Essential services; and
      (14)   Billboards.
   (C)   Speci