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Because outdoor theaters possess the unique characteristic of being used only after darkness and since they develop a concentration of vehicular traffic in terms of ingress and egress from their parking area, they shall be permitted only within an M-1 or B-3 District and only when the site in question is surrounded by an M-1 or B-3 District. Outdoor theaters are further subject to the following conditions:
(A) The proposed internal design shall receive approval from the Building Official or other official responsible for code enforcement and the City Engineer as to adequacy of drainage, lighting, screening and other technical aspects.
(B) Outdoor theaters shall abut directly upon a major thoroughfare of not less than 120 feet of right-of-way.
(C) Points of ingress and egress shall be available to the outdoor theater only from abutting major thoroughfares of not less than 120 feet of right-of-way width and shall not be available from any residential street.
(D) All vehicles, waiting or standing to enter the facility, shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated right-of-way.
(E) The area shall be laid out so as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares. All lighting used shall be directed onto the premises of the outdoor theater site.
(F) Proposed outdoor theater shall be subject further to the review and approval of the City Council.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
(A) Intent. The city desires to participate in the National Flood Insurance Program and comply with all applicable statutory and regulatory requirements for the purpose of significantly reducing all hazards to persons, property damage and public expenditures, and to provide for the availability of flood insurance and federal funds or loans.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASE FLOOD. The flood level having one percent chance of being equaled or exceeded in any given year.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, the unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD HAZARD AREA. Land, which on the basis of available floodplain information is subject to a one percent or greater chance of flooding in any given year.
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY. The official report provided by the Federal Insurance Administration. The report contains flood profiles, the water surface elevation of the base flood, and may include a Flood Boundary Floodway Map.
FLOODPLAIN. Any land area susceptible to being inundated by water from any source.
FLOODWAY. The channel of a river or other watercourse and the adjacent, land areas, which must be reserved in order to discharge the base flood.
REGULATORY FLOOD DATUM (RFD). The 100-year floodplain contour line synonymous with Base Flood Elevation.
STRUCTURE. A walled and roofed building that is principally above ground, gas or liquid storage facility, as well as a mobile home.
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged or is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
(C) Flood Insurance Rate Map. The map panels 26163C, 0240E, 0241E, and 0243E entitled Flood Insurance Rate Map of the City of Inkster, Wayne County, Michigan, dated February 2, 2012, as amended, shall be the official map for determination and regulation pursuant to this subchapter.
(D) Necessary permits shall be issued. Floodplain permit, approval or letter of no authority from the Michigan Department of Environmental Quality shall be required. The Building Official or other official responsible for code enforcement shall insure that all necessary permits have been issued, including a resources under authority of Act 230, of the Public Acts of 1972, as amended, State of Michigan.
(E) Code appendix enforced. Pursuant to the provisions of the state construction code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, Appendix G of the Michigan Building Code shall be enforced by the enforcing agency within the jurisdiction of the city.
(F) Areas of special flood hazard.
(1) Where an area of special flood hazard has been identified by the map referenced in this section, but no elevation data is available, the Building Official or other official responsible for code enforcement shall require new or substantially improved structures in the identified area to meet the standards of one of the Sections 401.2, 401.3, 401.4, 401.5, 612.2.1, 612.2.2, or 612.2.3, as applicable in the Army Corps of Engineers’ Flood Proofing Regulations.
(2) Where an area of special flood hazard has been identified by the map referenced in this section, and elevation data is available, the Building Official or other official responsible for code enforcement shall require new and substantially improved residential structures to meet the applicable standards of either Section 612.2.1, 612.2.2, or 612.2.3 the Army Corps of Engineers’ Flood Proofing Regulations, and new and substantially improved nonresidential structures to meet the applicable standards of either Section 612.2.1, 612.2.2, 612.2.3, 401.2 or 401.3 of the Army Corps of Engineers’ Flood Proofing Regulations.
(G) Flood elevation information - records. The Building Official or other official responsible for code enforcement shall obtain first floor elevation information and maintain a record of structures in the special flood hazard area identified by the map referenced in this section, indicate the elevation of lowest habitable floor, whether the structure contains a basement, and the elevation to which the structure has been flood proofed.
(H) Flood data from other sources. The Building Official or other official responsible for code enforcement shall obtain, review and reasonably utilize flood data available from other federal, state or other sources pending receipt of data from the Federal Emergency Management Agency. The most recent flood elevation data received from the Federal Emergency Management Agency shall take precedence over data from other sources.
(I) Designation of regulated flood prone hazard areas. The Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) entitled “Wayne County, Michigan (All Jurisdictions)” and dated December 3, 2013 and the Flood Insurance Rate Map(s) (FIRMS) panel number(s) of 26163C; 0241E dated February 2, 2012 and panel numbers 0240F and 0243F dated December 3, 2013 are adopted by reference for the purposes of administration of the Michigan Construction Code, and declared to be a part of Section 1612.3 of the Michigan Building Code, and to provide the content of the “flood hazards” section of Table R301.2(1) of the Michigan Residential Code.
(J) Agency designated. Pursuant to the provisions of the state construction code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, the Building Official of the city is hereby designated as the enforcing agency to discharge the responsibility of the city under Act 230, of the Public Acts of 1972, as amended, State of Michigan. The city assumes responsibility for the administration and enforcement of said Act throughout the corporate limits of the city.
(Ord. 792, passed 12-3-01; Am. Ord. 839, passed 2-20-12; Am. Ord. 846, passed 2-3-14)
(A) Landscape buffering or screening shall be added, subject to the review and approval by the Planning Commission, adjacent to all areas owned or containing residential units.
(B) Applicable licenses with the State of Michigan and other governmental agencies shall be maintained at all times.
(C) The proposed facilities and processes shall be subject to the review and approval by the Fire Marshal and Building Official/Inspector.
(D) The hours of operation shall be reviewed and approved by the Planning Commission in consideration of potential negative impacts, including but not limited to, trucking in shipping operations, noise, order, glare, etc.
(E) Review and approval of the site plan submitted to the Planning Commission pursuant to the conditions imposed under § 155.286 Site Plan Review.
(F) If the site has to store any hazardous materials thus becoming a 302-regulated site, then the site shall obtain a use variance from the Zoning Board of Appeals and shall obtain any other approvals required from any federal, state or county agencies.
(G) No animal products or animal bi-products shall be used in the manufacturing and processing of bio-diesel fuels.
(H) Any other conditions that the City Council/Planning Commission may find relevant and applicable.
(Ord. 813, passed 6-6-07; Am. Ord. passed 2-20-17)
(A) No tattoo establishment shall have an entrance or exit way providing a direct passageway to any type of business, residence or living quarters.
(B) All tattoo establishments subject to this article are declared to be public places, and shall not, during business hours, have the doors to the exits and entrances of such establishment locked or obstructed in any way so as to prevent free ingress and egress of persons; provided, however, that such doors may be closed.
(C) Federal, state and county regulations shall be complied with.
(Ord. 830, passed 12-21-09) Penalty, see § 155.999
(A) Such uses shall abut directly upon a major thoroughfare with not less than 86 feet of right-of-way width. All ingress and egress to the site shall be directly from said thoroughfare.
(B) All vehicles waiting or standing to enter the facility shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated right-of-way.
(C) A business license shall be required pursuant to Chapter 113 of the Code of Ordinances.
(D) An existing licensed non-profit qualified organization operating a gaming room in the city prior to the effective date of this section may continue to operate as permitted by such license. Any increase in the frequency of gaming events or the expansion of building area utilized for gaming activities shall require approval of a special land use permit as required by this Code.
(Ord. 836, passed 2-21-11; Am. Ord. passed 2-20-17)
Publisher's Note: This Section has been AMENDED by new legislation (Resolution No. 04-23-059R, adopted 4-17-2023). The text of the amendment will be incorporated below when the ordinance is codified.
(A) The medical use of marijuana shall comply at all times and in all circumstances with the Michigan Medical Marihuana Act, Medical Marihuana Facilities Licensing Act, State of Michigan regulations for the transfer of medical marijuana, and the General Rules of the Michigan Department of Community Health, as they may be amended from time to time.
(B) A state license and local business license is required for all medical marijuana facilities.
(C) Smoking and/or use of medical marijuana shall be prohibited at medical marijuana facilities.
(D)
Security cameras shall be installed and maintained; and are subject to approval by the City Police Chief. All security cameras shall have a minimum resolution of 1080p, and at least 14 concurrent days of digitally recorded documentation. The security cameras shall be in operation 24 hours a day, seven days a week, and shall be set to maintain the record of the prior 14 days of continuous operation. An alarm system is required that is operated and monitored by a recognized security company.
(E) Exterior lighting shall be required for security purposes, but in accordance with the provisions of the Zoning Ordinance.
(F) The premises shall be open for inspection upon request by the Building Official, the Fire Department and law enforcement officials for compliance with all applicable laws and rules, during the stated hours of operation/use and as such other times as anyone is present on the premises.
(G) Quarterly inspections may be made by the City Official’s designee to confirm the facility is operating in accordance with applicable laws including, but not limited to, state law and city ordinances.
(H) Any medical marijuana facilities shall not have exterior signage using the word “marihuana” and/or “marijuana” or any other word, phrase or picture commonly understood to refer to marijuana. Neon signs and non-functional decorative lighting shall be prohibited. Sign(s) shall be posted stating that “No loitering is permitted” on such property.
(I) If the medical marijuana facility ceases operation for a length of time of six months or greater, the special land use shall expire.
(Ord. 852, passed 3-16-15; Am. Ord. passed 2-20-17; Am. Ord. 862, passed 9-18-17; Am. Ord. 870, passed 4-5-18)
(A) The minimum lot or parcel size shall be one acre.
(B) The type and quantity of traffic generated by the operation shall be compatible with the permitted retail uses in the district.
(C) Ingress and egress shall be provided so as not to conflict with adjacent business uses or adversely affect traffic flow on adjacent businesses.
(D) Planning Commission may require a traffic impact study and a traffic management plan.
(E) The hours of operation shall be reviewed and approved by Planning Commission in consideration of potential negative impacts, including but not limited to, trucking and shipping, noise, odor, air quality, dust, spillage, glare, etc.
(F) Open air storage is not permitted and truck parking is not permitted outside of designated loading spaces.
(G) Planning Commission may determine that landscaping and screening is required.
(H) A minimum of 10% of the floor area, or 1,000 square feet, whichever is less, shall be used for accessory retail and office uses, which shall be primarily accessed via the front yard.
(I) Adequate parking shall be provided based on the parking requirements for wholesale establishments and any other accessory uses. Planning Commission may modify parking standards based on a parking study.
(J) Wherever the off-street parking is adjacent to land zoned for residential purposes, a continuous obscuring wall of four and one-half feet in height shall be along the sides of the parking area adjacent to the residentially zoned land. The wall shall be further subject to the provisions of § 155.074.
(Ord. 853, passed 1-5-15; Am. Ord. passed 2-20-17)
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