Chapter 5
Development Standards for Specific Uses

Residential Uses

2.501 Mixed Use Building – Residential with Non-Residential.

A.    Location of Residential Units. No residential unit shall be located on a floor underneath a floor containing a nonresidential use.

B.    Permitted Uses. Non-residential uses permitted in a mixed use building are limited to those that are permitted in the district by Table 2. Uses Permitted by District. Special exception approval is required if a particular use that is proposed within a mixed use building is listed as a special exception use in Table 2.

C.    Private Frontages. Mixed use buildings shall have a common yard, stoop, or streetfront private frontage type (see Article 2, Chapter 4 for private frontage standards and Section 2.403 for the private frontages that are permitted in each zoning district).

2.502 Boarding or Lodging House.

A.    Location. Such uses may only be located along an A or B street.

B.    Other Applicable Regulations. Such uses shall comply with the requirements of Sections 26-1311 through 26-1343 of the Code of Ordinances.

2.503 Multiple Family Manor House (3-4 units)

Manor house buildings shall comply with the design requirements specified in Section 2.404.

2.504 Multiple Family Apartment Building (3+ units)

Multiple family uses may include any number of structures on a lot, with any number of units in each structure. Multiple family uses shall comply with the following requirements:

A.    Street Frontage in Mixed Use Districts. Such uses shall have frontage on an A or B street in a mixed use district.

B.    Building Design Standards. Apartment buildings shall comply with the design requirements specified in Section 2.404.

C.    Street Design and Vehicular Circulation. Ingress and egress from the public streets shall be designed to minimize congestion and interference with normal traffic flow. All interior roads, drives, and parking areas within a multi-family development shall be hard surfaced and provided with curbs and gutters. Roadway drainage shall be appropriately designed such that storm water from the roadway will not drain onto the adjacent lots.

D.    Private Streets or Access Drives may be permitted within multiple family housing developments, provided that the following minimum requirements are met:

1.    All dimensions for private drives, streets or roadways, including the length of dead-end drives, shall meet the municipal standards requirements.

2.    Arrangements satisfactory to the City regarding the maintenance and repair of streets, roadways, or access drives.

E.    Pedestrian Circulation. Minimum five-foot (5’) wide concrete sidewalks shall be provided to connect parking areas, public sidewalks and recreation areas to all building entrances; along collector roads and streets within the development; and streets adjacent to the development.

F.    Parking. On-street parking spaces on interior streets are encouraged and shall count towards the minimum parking requirement. Parking spaces on streets exterior to the development shall not be counted towards the minimum parking requirement.

G.    Recreation Areas.

1.    Passive or active outdoor recreation areas (including but not limited to seating areas, playgrounds, swimming pools, walking paths, plazas, courtyards, and other recreational elements in accordance with the intended character of the development) shall be provided at a ratio of at least five percent (5%) of the gross site area of the development, except in the C-2 district, where open space must be provided at a ratio of at least 2.5% of the gross site area.

2.    The minimum area of each area shall be not less than 1,200 square feet in any zoning district other than the C-2 district where there is no minimum area requirement other than that specified in subsection 1, above.

3.    The length to width ratio of each area, as measured along the perimeter, shall not exceed four to one (4:1).

4.    Such areas shall be centrally and conveniently located to be physically and visibly accessible to residents, and shall not be located within any required yard setbacks or building separations.

2.505 One and Two Family Dwelling Unit Structures.

A.    One Principal Structure per Lot. Only one dwelling unit structure shall occupy a lot or site condominium unit and the dwelling shall comply in all respects to the building code adopted by the City of Pontiac.

B.    Historic Districts. New construction, additions and all exterior improvements, excepting routine maintenance and repair, of properties located within Pontiac’s designated Historic Districts (see Sec. 74-53 of City Code) requires prior approval by the Pontiac Historic District Commission, pursuant to Sections 74-51 thru 74-62 of City Code.

C.    Building Design Standards. One and two-family dwelling unit structures shall comply with the design requirements specified in Section 2.404.

2.506 State Licensed Residential Facility.

State licensed residential facilities, as defined by this Ordinance and as licensed by the State of Michigan, shall comply with the following requirements.1

A.    Licensing. In accordance with applicable state laws, all state licensed residential facilities shall be registered with or licensed by the State of Michigan, and shall comply with applicable standards for such facilities.

B.    Compatibility with Neighborhood. Any state licensed residential facility and the property included therewith shall be maintained in a manner consistent with the visible characteristics of the neighborhood in which it is located.

C.    Separation of Facilities with 7 or More Residents. New state licensed residential facilities with 7 or more residents shall be located a minimum of 500 feet from any other state licensed residential facility with 7 or more residents, as measured between the nearest points on the property lines of the lots in question. The Planning Commission may permit a smaller separation between such facilities upon determining that such action will not result in an excessive concentration of such facilities in a single neighborhood or in the City overall.

D.    Group Child Day Care Homes. In addition to the preceding subsection, the following regulations shall apply to all group child day care homes (with more than 6 but fewer than 12 residents), as defined in this Ordinance.

1.    Pick-Up and Drop-Off. Adequate areas shall be provided for employee and resident parking, and pick-up and drop-off of children or adults, in a manner that minimizes pedestrian-vehicle conflicts and allows maneuvers without affecting traffic flow on the public street.

2.    Hours of Operation. Group child day care homes shall not operate more than 16 hours per day.

E.    Adult Foster Care Congregate Facilities and Adult Foster Care Large Group Homes may only be located on sites that have at least 80 feet of frontage on an A or B street.

F.    Zoning Compliance Permit Required. A change in use of property from any other use to a state licensed residential facility shall be considered a change of use for which a zoning compliance permit shall be required as provided in Section 6.701 of this ordinance. The building official shall inspect the premises where the proposed use is to be located, and shall issue a zoning compliance permit only if the premises meet the requirements of this ordinance and all other Codes and Ordinances of the city as applied to the proposed use.

    Thereafter, such premises shall be inspected by the building official annually, and if any violations of this ordinance or any other Code or Ordinance of the city are found to exist that are not corrected within reasonable time after notice thereof to the licensee of the facility, the zoning compliance permit shall be terminated, and the building official shall report such violations to the state licensing agency for the facility, and may take any other enforcement measures permitted by law. A fee shall be charged for the inspections provided for herein, the amount of which shall be as set from time to time by resolution of the City Council.

2.507 Townhouse (3+ units)

A.    Where Permitted in the C-2 District. Townhouses are only permitted along Lafayette Street, North Perry Street north of University Drive, North Saginaw north of Lafayette St, Carter Street, and Feneley Ct in the C-2 district.

B.    Individual Entrances Required. All dwelling units shall have entrances that are directly accessible from the exterior of the building. No unit shall gain access from an interior hallway within a building. The primary exterior entrance to all units shall face a street with a connection leading from the roadside sidewalk to the front entrance of the unit. In no case shall a front entrance to a townhouse unit face the rear yard of another dwelling unit or a service area.

C.    Private Frontage Type. Townhouses shall have a stoop private frontage type (see Section 2.406).

D.    Stacked Flats Prohibited. In no case shall stacked flats be permitted. All attached units shall be separated by common vertical walls. In no case shall dwelling units be separated by a common horizontal wall.

Commercial, Office and Service Uses

2.508 Sexually Oriented Businesses.

A.    Purpose. It is the purpose of this Ordinance to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this Ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Ordinance to condone or legitimize the distribution of obscene material.

    The purpose and intent of this section is to regulate the location of, but not to exclude, adult entertainment businesses. This is accomplished by preventing the concentration of such uses in close proximity to each other and to minimize the negative impacts of their operation by separating such uses from residential, office/commercial and other areas of public congregation. This regulation is done with the understanding that the city recognizes that there are some uses which, because of their very nature, have serious objectionable operational characteristics, particularly if several of them are concentrated under circumstances having a deleterious effect upon adjacent residential, office and commercial areas. The city recognizes that the regulation of such uses is necessary to ensure that adverse effects will not contribute to the blighting or downgrading of surrounding residential neighborhoods, nonresidential areas or other places of public congregation.

B.    Findings. Prior to adopting these regulations, the City reviewed studies prepared on these uses, reviewed ordinances and regulations prepared by other municipalities, and reviewed applicable federal and state case law. Based on evidence of the adverse effects of adult uses presented in reports made available to the City Council and on findings incorporated in the cases of Pap’s AM v City of Erie, 529 US 277 (2000), Deja Vu of Nashville v Metropolitan Government of Nashville & Davidson County, 466 G3d 391 (6th Cir 2006), Sensations, Inc. v City of Grand Rapids, 2006 WL 2504388 (WD MI 2006), Van Buren Township v Garter Belt, 258 Mich App 594; 673 NW2d 111 (2003), Bronco’s Entertainment v Charter Township of Van Buren, 421 F3d 440 (6th Cir 2005), Thomas v Chicago Park District, 122 S Ct 775 (2002), City of Renton v Playtime Theatres Inc, 475 US 41 (1986), Young v American Mini Theatres, 426 US 50 (1976), Barnes v Glen Theatre Inc, 501 US 560 (1991); California v LaRue, 409 US 109 (1972); DLS Inc v City of Chattanooga, 107 F3d 403 (6th Cir 1997); East Brooks Books Inc v City of Memphis, 48 F3d 2200 (6th Cir 1995), Broadway Books v Roberts, 642 F Supp 4867 (ED Tenn 1986); Bright Lights Inc v City of Newport, 830 F Supp 378 (ED Ky 1993); Richland Bookmart v Nichols, 137 F3d 435 (6th Cir 1998), Richland Bookmart v Nichols, 278 F3d 570 (6th Cir 2002); Deja vu of Cincinnati v Union Township Board of Trustees, 411 F3d 777 (6th Cir 2005); Deja vu of Nashville v Metropolitan Government of Nashville, 274 F3d 377 (6th Cir 2001); Bamon Corp v City of Dayton, 7923 F2d 470 (6th Cir 1991); Threesome Entertainment v Strittmather, 4 F Supp 2d 710 (ND Ohio 1998); JL Spoons Inc v City of Brunswick, 49 F Supp 2d 1032 (ND Ohio 1999); Triplett Grille Inc v City of Akron, 40 F3d 129 (6th Cir 1994); Nightclubs Inc v City of Paducah, 202 F3d 884 (6th Cir 2000); O’Connor v City and County of Denver, 894 F2d 1210 (10th Cir 1990); Deja Vu of Nashville Inc et al v Metropolitan Government of Nashville and Davidson County, 2001 USA App LEXIS 26007 (6th Cir Dec 6. 2001); ZJ Gifts D-2 LLC v City of Aurora, 136 F3d 683 (10th Cir 1998); Connection Distribution Co v Reno, 154 F3d 281 (6th Cir 1998); Sundance Associates v Reno, 139 F3d 804 (10th Cir 1998); American Library Association v Reno, 33 F3d 78 (DC Cir 1994); American Target Advertising Inc v Giani, 199 F3d 1241 (10th Cir 2000); ZJ Gifts D-2LLC v City of Aurora, 136 F3d 683 (10th Cir 1998); ILQ Investments Inc v City of Rochester, 25 F3d 1413 (8th Cir 1994); Bigg Wolf Discount Video Movie Sales Inc v Montgomery County, 2002 US Dist LEXIS 1896 (D Md Feb 6 2002); Currence v Cincinnati, 2002 US App LEXIS 1258 (3rd Cir Jan 24, 2002); and other cases; and on testimony to Congress in 136 Cong Rec S 8987; 135 Cong Rec S 14519; 135 Cong Rec S 5636; 134 Cong Rec E 3750; and reports of secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Phoenix, Arizona – 1979; Minneapolis, Minnesota – 1980; Houston, Texas – 1997; Amarillo, Texas; Garden Grove, California – 1991; Los Angeles, California – 1977; Whittier, California – 1978; Austin, Texas – 1986; Seattle, Washington – 1989; Oklahoma City, Oklahoma – 1986; Cleveland, Ohio – and Dallas, Texas – 1997; St. Croix County, Wisconsin – 1993; Bellevue, Washington – 1998; Newport News, Virginia – 1996; New York Times Square 1993; Bellevue, Washington – 1998; Newport News, Virginia – 1996; New York Times Square study – 1994; Phoenix, Arizona – 1995-98; and also on findings from the paper entitled "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota, and from "Sexually Oriented Businesses: An Insider’s View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan 12, 2000, and the Report of the Attorney General’s Working Group On the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), the City Council finds that sexually oriented businesses as a category of establishments are correlated with harmful secondary effects, and that the foregoing reports are reasonably believed to be relevant to the problems that Pontiac is seeking to abate and prevent in the future. Due to the potential for harmful secondary effects, the City Council further determines that it is in the best interests of the City that the decision on any application for a special exception approval for a sexually oriented business be made by the City Council after review and recommendation by the Planning Commission. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one (1) area (i.e., not more than two (2) such uses within a specified distance of each other which would create such adverse effect(s).

C.    Applicability. The provisions of this section regarding massage parlors shall not apply to health care facilities licensed by the state under the Public Health Code, MCL 333.2223 et seq., such as hospitals, sanitariums, nursing homes, medical clinics or the office of a physician, surgeon, chiropractor, dentist, psychologist, clinical social worker, family counselor, physical therapist or other members of the health occupations licensed or regulated by the state. In addition, the provisions of this section regarding massage parlors shall not apply to individuals permitted to practice with a temporary license under required supervision as provided by the State Public Health Code, MCL 333.16101 et seq., as well as clergy, and certified members of the American Massage and Therapy Association.

D.    Specific Requirements.

1.    Separation Requirements.

a.    No adult entertainment business shall be located within 500 feet of a religious institution, public or private primary or secondary school, public park, or noncommercial public assembly facility.

b.    The site of an adult entertainment business shall not be adjacent to or within 300 feet of any residential area or residential district.

c.    The site of an adult entertainment business shall not be within 500 feet of any other adult entertainment business.

2.    Window displays, signs, decorative or structural elements of buildings shall not include or convey specific examples of the adult entertainment business activity; are limited to a single sign; and all such displays shall be part of specific approvals for all the uses or activities on the site. Any alteration to the above media shall be approved by the Planning Commission.

3.    The site layout, setback, structures and overall appearance and function of the use shall be compatible with adjacent uses.

4.    Miscellaneous requirements and conditions.

a.    No person shall reside in or permit any person to reside in the premises of a sexually oriented business.

b.    Such uses shall comply with all applicable federal, state, and local licensing regulations.

c.    Nothing contained in this Section shall relieve the operator(s) of a sexually oriented business from complying with other requirements of this Ordinance as it may be amended from time to time, or any subsequently enacted Ordinances.

2.509 Automobile Service (Commercial)

A.    Setbacks.

1.    Any building shall be located not less than 20 feet from any side or rear lot line abutting residentially zoned property.

2.    All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All gasoline pumps shall be located not less than 30 feet from any lot line, and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any public sidewalk, street or right-of-way.

B.    Operations Within and Enclosed Building. All repair or service work shall be conducted within a completely enclosed building. Vehicles to be serviced shall not exceed 9,000 pounds gross weight.

C.    Service Bays Permitted in C-1 District. Such uses shall not have more than 3 service bays in the C-1 district.

D.    Screening Adjacent to Residential Uses. When adjoining residentially zoned property, a Type B buffer shall be required (see Section 4.405).

E.    Outdoor Storage. All outside storage areas for used tires, auto parts and similar items is considered Accessory Outdoor Storage and shall comply with the requirements of Section 2.540. Outside storage or parking of disabled, wrecked, or partially dismantled vehicle or any vehicle undergoing service shall not be permitted for a period exceeding three days.

2.510 Bakery or Confectionary.

Bakeries or confectionaries shall have a retail component of the use, and shall not exceed a floor area of 2,000 square feet in an R-3 or R-4 district, or 10,000 square feet in a commercial district.

2.511 Child Care Center or Day Care Center.

A.    Building Design. The proposed building shall be harmonious with the predominant type of building in the particular zone by reason of its scale, size, character or location.

B.    Hours of Operation shall not exceed 16 hours in a 24-hour period, and activity shall be limited to the hours 6:00 a.m. and 10:00 p.m.

C.    Licensing. In accordance with applicable state laws, all child care centers shall be registered with or licensed by the State of Michigan, and shall comply with the minimum standards outlined for such facilities.

D.    Outdoor Play Area. An outdoor play area with a minimum area of 1,200 square feet shall be provided in accordance with State rules. The outdoor recreation area shall be suitably secured, and screened from abutting residential uses by a fence or natural barrier with a minimum height of 48 inches. The Planning Commission may approve the use of off-site outdoor recreational facilities to satisfy this requirement, provided that the applicant can submit documentation demonstrating State approval of the use of off-site recreational facilities.

E.    Pick-up and Drop-off. Adequate areas shall be provided for employee parking and pick-up and drop-off of children or adults in a manner that minimizes pedestrian-vehicle conflicts and disruption of traffic flow on the public streets.

F.    Access and Frontage. Child care centers shall have frontage on, and direct vehicle access to, a public street classified as an A or B street. Vehicle access to C streets shall be limited to secondary access where necessary for health and safety purposes.

2.512 Bed and Breakfasts.

Bed and breakfast operations may be permitted subject to the following conditions:

A.    Residence Required in R Districts. The dwelling unit in which the bed and breakfast takes place shall be the principal residence of the real property owner or operator, and the real property owner or operator shall live on the premises.

B.    Location in R-1 and R-2 Districts. Bed and breakfast uses shall be located on an A or B street in the R-1 and R-2 districts.

C.    Neighborhood Character. Buildings shall be suitable in, and shall not be cause for a change in the existing or established character of the neighborhood.

D.    Maximum Number of Rooms. Not more than ten sleeping rooms shall be available for guests of the bed and breakfast.

E.    Kitchens and Meals. There shall be no separate cooking facilities provided for the bed and breakfast occupants. Meals, other than those served as a part of the normal operation of the household, shall be served only to occupants of the bed and breakfast facility.

F.    Occupancy. Occupancy shall be of a transient nature for periods not to exceed two weeks in duration in anyone month by any transient occupant. A guest registry indicating name, address, phone number and vehicle license number shall be kept indicating dates of arrival and departure of guests and shall be available to the city for inspection upon request and shall further be presented for inspecting at the time of annual license renewal.

2.513 Pawn Shops.

A.    Location. Pawn shops shall be located on a site with at least 60 feet of frontage on an A or B street.

B.    Separation Requirements. The clustering of certain business can, when located in close proximity to each other, tend to create a “skid-row” atmosphere. Accordingly, a 1,000 foot separation shall be maintained at all times between pawn shops.

C.    Other Codes and Ordinances. Pawn shops shall comply with all other applicable federal, state and local laws and regulations, including those contained in Chapter 26 of the Pontiac Code of Ordinances.

2.514 Retail Sales (unlimited outdoor)

A.    Lot Requirements. The minimum lot area shall be 10,000 square feet, and the minimum lot width shall be 100 feet.

B.    Setbacks.

1.    Display areas shall meet the setback requirement applicable to principal buildings in the zoning district.

2.    Storage areas. The outdoor storage of operative automobiles and other products for sale shall not be in any required yard and shall be handled and stored so as to present an orderly, planned, efficient operation at all times. Any area used for storage of products for sale shall be effectively hidden from any area zoned for residential use by an obscuring fence or wall not less than six feet in height.

C.    Vehicle Sales Lots. All areas subject to vehicular use shall be paved with durable dust-free surfacing, with appropriate bumper guards where needed.

2.515 Retail Sales (packaged alcoholic beverages)

A.    The property shall be located no less than 500 feet, except as provided in subsection C of this section, from any and all: churches or similar places of worship, parks, playgrounds, daycare facility, pre- and/or K-12 schools; and

B.    Not more than two properties upon which the retail sale of packaged alcoholic beverages is permitted shall be located within one mile. Any establishment meeting the criteria of subsection C of this section shall be exempt from this spacing calculation.

C.    The retail sales of packaged alcoholic beverages within a grocery store or pharmacy with a useable floor area of no less than 10,000 square feet, within which no more than 20 percent of said usable floor area is devoted to the display, storage, or sale of packaged alcoholic beverages are exempt from the spacing requirements of subsections A and B of this section.

D.    Retail alcoholic beverage sales businesses that existed on or before October 16, 2014, may continue to operate legally subject to all the following conditions:

1.    All such businesses shall possess a valid Certificate of Occupancy from the City of Pontiac Building Department to operate a business in Pontiac with an effective date on or before October 16, 2014.

2.    All such businesses shall possess a valid Specially Designated Merchant (SDM) License or Specially Designated Distributor (SDD) License from the State of Michigan Liquor Control Commission with an effective date on or before October 16, 2014.

3.    All such retail alcoholic beverage sales businesses shall be required to obtain and maintain a City of Pontiac business license.

4.    All such retail alcoholic beverage sales businesses shall be required to pay City of Pontiac income taxes in accordance with P.A. 284 of 1964 and Municipal Code Chapter 110, Article III.

5.    Failure to meet these conditions shall result in municipal code enforcement action.

(Ord. No. 2326, § 1, 7-23-15)

2.516 Workshop/Showroom.

A.    In the C-2 District. Ground floor areas shall be used for retail or showroom purposes for a minimum depth of 30 feet, measured from the front of the building on a line perpendicular to the street upon which the building fronts. The purpose of this regulation is to maintain active ground floor uses that contribute to an active street life in the C-2 district.

B.    In Any Other Zoning District. Not more than 70 percent of the floor area of the building or part of the building occupied by the establishment is used for making, assembling, remodeling, repairing, altering, finishing or refinishing its products or merchandise.

Industrial Uses

2.517 Manufacturing and Processing (light).

A.    In the C-2 District.

1.    Ground floor areas along streets shall be used for retail or showroom purposes, or Commercial, Office and Service uses, or Community Education, and Institution Uses as identified in Table 2. Such uses shall be located in a space that has a minimum depth of 40 feet, measured from the front of the building on a line perpendicular to the street upon which the building fronts. The purpose of this regulation is to maintain active ground floor uses that contribute to an active street life in the C-2 district.

2.    Any equipment requiring greater power than 220 volts, 3 phase current or the equivalent will not be permitted.

3.    No chemical processing or solutions considered dangerous to the area would be permitted for storage or use in the area unless specifically approved by the city inspectors.

4.    All light manufacturing and processing activities shall occur entirely within a completely enclosed building.

2.518 Manufacturing and Processing (heavy).

Heavy manufacturing and processing activities are permissible only if, in the opinion of the planning commission, adequate conditions exist or can be imposed that will make such uses compatible with the purposes of this ordinance and will minimize impacts on residential neighborhoods.

2.519 Mini-Warehouse.

A.    Fencing. The perimeter of the storage area shall be fenced. The fence shall have a minimum height of eight feet, and decorative fencing shall be used in the front yard. An entrance gate shall be provided with a minimum access width of 12 feet, with either electronic or manual control.

B.    Buildings.

1.    In Industrial Districts. Storage buildings shall be of a consistent design and construction, and storage buildings shall be separated by access aisles of a minimum width of 20 feet, as measured from building front to building front.

2.    In the C-3 District. All storage units shall be located in one building. The building may not use metal or cinder block as its primary building material and shall be designed consistent with other commercial buildings in the vicinity of the site.

C.    Indoor Storage Only. All items shall be stored inside an enclosed facility.

2.520 Outdoor Storage (major).

Major outdoor storage shall comply with the following requirements:

A.    The outdoor storage of goods or materials shall be limited to areas other than the required front setback area and shall be hidden by an eight foot high obscuring fence or wall.

B.    There shall be no burning of refuse except in an incinerator in a manner that meets the performance standards listed in Article 4, Chapter 7.

Community, Educational, and Institutional Uses

2.521 Assisted Living Facilities and Nursing Homes.

Nursing homes, convalescent homes, and assisted living facilities are subject to the following requirements, which shall supersede any other applicable requirements of this Ordinance.

A.    Setbacks. All buildings shall be set back 30 feet from any adjacent one-family residential district.

B.    Location. Such uses shall only be located on sites that have a minimum frontage of 100 feet of frontage on an A or B street.

C.    Common Areas and Facilities. Common areas (exclusive of corridors, entrance vestibules and hallways) that are incidental to and/or enhance any primary use shall be provided and shall amount to a minimum of 50 square feet per dwelling unit or bed in the facility. Such facilities may include, but are not limited to, recreational rooms, meeting or social rooms, common areas, or exercise facilities for the use of residents.

2.522 Cemetery or Crematorium.

A.    Cemeteries and associated uses shall have a minimum site area of 20 acres, and no building shall be closer than 200 feet from a side or rear property line. Cemeteries are not permitted in C-1 or C-3 districts.

B.    Crematoriums.

1.    Setback From Residential District. Any building containing a crematoriums shall be set back a minimum of 200 feet from any residential zoning district.

2.    In C-1 or C-3 Districts. Crematoriums are only permitted as an accessory use to a funeral home, mortuary, or veterinary clinic in the C-1 or C-3 districts. A maximum of one accessory crematorium is permitted per principal use.

3.    Building Requirements. The interior design and placement of the crematoria retort must be in a completely fireproof building, and the facility shall be designed to minimize the release of emissions, sediment or smoke to the greatest extent feasible.

2.523 Community Service Facility.

A.    Purpose. In the development and execution of this ordinance and this section, it is recognized that there are some uses which because of their very nature, are recognized as having serious or objectionable operational characteristics, particularly when several of them are concentrated within close proximity to each other. Concentrations of such uses often create deleterious effects upon adjacent areas or uses, particularly single family residential neighborhoods. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood or district. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these in each one area. Uses subject to these controls are as follows:

1.    Shelters.

2.    Halfway Houses.

3.    Substance Abuse Rehabilitation Centers.

4.    Adult Foster Care facilities that are not licensed pursuant to PA 218 of 1979.

B.    Location. Community service facilities shall be located on a site with at least 60 feet of frontage on an A or B street.

C.    Separation Requirements for Community Service Facilities from Other Uses. The clustering of community service facilities in close proximity single family residential areas and certain other uses tend to devalue surrounding single family neighborhoods. Therefore, except as provided by subsection E, below, it shall be unlawful to hereafter establish a community service facility if the proposed location is located within 250 feet of another community service facility AND is located within 500 feet from the nearest property line of any public, private, or parochial school, library, park, playground or other recreational facility which admits minors, day care center, or nursing school (whether commercial or nonprofit).

D.    The measurement used to determine the application of any of the above restrictions shall be made from the nearest boundary line of the proposed community service facility on a plane to the nearest boundary line of a residentially zoned district or applicable use listed above.

E.    Waiver from the Separation Requirements. The applicant may apply in writing for a waiver from the above regulations by filing an application and nonrefundable fee for waiver with the planning and community renewal division, or its successor, of the city which shall place the application on the city council agenda for formal receipt at a city council meeting to be held within 45 days after filing with the division. A date for a public hearing shall be set by the city council upon formal receipt of an application. The city council may waive the separation provisions above for any proposed community service facility use if the following findings are made after a public hearing:

1.    That the proposed use will not be contrary to the public interest, injurious to nearby properties or the community as a whole, and that the spirit and intent of this ordinance will be observed.

2.    That the proposed use will not enlarge or encourage the development of an inappropriately large community service facility cluster.

3.    That the establishment of the proposed community service facility use in the area will not be contrary to any program or neighborhood conservation.

4.    That all applicable regulations of this ordinance will be observed.

F.    Reestablishment of Discontinued Uses that were Granted a Waiver. A community service facility use granted a waiver pursuant to the terms of subsection E, above, may not be reestablished after discontinuance for a period of 90 consecutive days unless a new waiver is granted by the city council.

2.524 Religious Institution.

A.    Location. May only be located on a parcel with at least 100 feet of frontage on an A or B street.

B.    Setbacks. The principal buildings on the site shall be set back from abutting properties zoned for residential use not less than 20 feet or the minimum setback required by the district, whichever is greater.

C.    Building Height. Buildings of greater than the maximum height allowed in the zoning district may be allowed provided front, side and rear yards are increased above the minimum requirements by one foot for each foot of building that exceeds the maximum height allowed. This provision applies to the main mass of he building, and not building elements that are exempted from the height requirements by Section 2.301C.

Recreation Uses

2.525 Private Recreation (small outdoor)

A.    Commercial Use. For-profit or commercial small outdoor private recreation uses are only permitted on sites that have at least 100 feet of frontage on an A or B street.

B.    Buffering. A Type A buffer (see Section 4.405) shall be maintained between the park area and all other adjacent land uses. The buffer may not use the masonry wall option, and the number of evergreen trees may be reduced by the reviewing authority.

2.526 Private Recreation (large outdoor).

The following development standards apply to large outdoor private recreation uses, with the exception that such uses in the C-2 district are exempt from these standards.

A.    Minimum Lot Area. The minimum lot area for such a use shall be two acres.

B.    Setbacks. A front yard setback of at least 60 feet from the right-of-way line of any existing or proposed street must be maintained.

C.    Buildings. Buildings primarily for the purpose of operating a large outdoor private recreation use may include sales and dispensing of food or beverages, retail sales or rental of equipment related to the principal use of the property and storage of equipment used in maintaining the property.

D.    Lighting. All lighting shall be shielded from adjacent residential districts. All site lighting, except necessary security lighting, shall be extinguished after 11 pm.

E.    Buffering. A Type B buffer (see Section 4.405) shall be maintained between the recreation area and all other adjacent land uses.

Animal and Agricultural Uses

2.527 Agriculture, Urban.

A.    Minimum Site Area. A minimum site area of one acre is required for urban agriculture uses.

B.    Accessory Buildings. Accessory buildings with a lot coverage not exceeding 10% of the gross lot area are permitted as part of the urban agriculture use. Agriculture uses with buildings that cover more than 10% of the total lot area are considered a greenhouse/nursery.

C.    Retail Sales. Retail sales are not permitted as part of an urban agriculture use unless retail sales are a permitted use or may be permitted as a special exception use in the zoning district in which the urban agriculture use is located. In such a case, retail sales may be permitted as part of an urban agriculture use following the procedures that would be applicable to a retail use in the zoning district.

2.528 Bee Keeping.

Bee keeping uses shall comply with Section 18-8 of the City of Pontiac Code of Ordinances.

2.529 Community Gardens.

Gardening and associated activities are permitted subject to the rules and regulations on file with the office of Land Use and Strategic Planning. Buildings or structures for the purposes of storing materials and equipment for the community garden may be permitted in community gardens as an accessory building. Such buildings may have a maximum area of 150 square feet, and shall comply with the setback requirements for an accessory building in the zoning district.

2.530 Greenhouse or Nursery.

The storage of soil, fertilizer or similarly loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties. Outdoor storage shall be permitted only in the rear or side yards of the property, and shall be set back a minimum of 10 feet from any property line or the setback applicable to the principal building, whichever is greater.

2.531 Kennels.

The boarding, breeding, raising, grooming, or training of three or more dogs, cats, or other household pets of any age either 1) not owned by the owner or occupant of the premises, or 2) for commercial gain may be permitted provided the following requirements are met:

A.    Minimum Site Area. Such activity shall be permitted only on a parcel of land not less than two acres in area.

B.    Enclosures. All animals shall be kept in pens or cages designed, constructed and maintained so as to be harmonious and appropriate in appearance with the character of the general area in which located, and such use will not affect the character of the same area in a negative way.

C.    Outdoor Runs. All pens or cages shall be located not less than 75 feet from any property line and all animals shall be kept therein or within a building. No animal shall be allowed to run at large.

D.    Noise and Odor. Such activity shall be conducted so as not to be detrimental to any person, property or the general welfare by reason of excessive noise or odor.

E.    Disposal of Waste. All used material shall be properly disposed of in appropriate on-site containers for transport to a licensed waste facility. Provisions must be made for disposal of animal wastes in conformance with local health department regulations.

F.    Noise. Such uses shall comply with the requirements of Section 18-16 of the City of Pontiac Code of Ordinances.

2.532 Pet Boarding Facility.

A pet boarding facility, sometimes referred to as “doggy day care,” is a business for the temporary boarding and care of common household pets generally during daytime hours, but in some cases including overnight boarding. Pet boarding facilities may provide related services such as grooming or training, but no animals may be bred or sold at a pet boarding facility unless the pet boarding facility is accessory to a principal retail use. Pet boarding facilities are subject to the following requirements:

A.    Retail Sales. A maximum of 10% of the gross floor area of the building or lease space may be used for retail sales of goods related to pets.

B.    Term of Stay. Pets may be boarded at the facility for a maximum of 96 continuous hours (four days). Pets may only be boarded at kennels for periods longer than 96 continuous hours.

C.    Pick-Up and Drop-Off. On-site vehicular circulation shall be configured to accommodate vehicles within the boundaries of the site. In no case shall vehicles awaiting drop-off or pick-up of a pet be allowed to encroach onto a public or private street.

D.    Overnight Boarding. Any pets being boarded overnight shall be confined to the building from the hours of 9 pm until 6:30 am.

E.    Mitigation of Off-Site Nuisances. Pet boarding facilities shall be constructed, maintained, and operated so that the sounds and smell of animals cannot be discerned outside of the building. Outdoor runs shall be maintained so that no odors are discernable from adjacent properties.

F.    Outdoor runs.

1.    Fencing. Outdoor runs where pets will be permitted either on or off-leash shall be fully enclosed with a decorative fence.

2.    Setback. Outdoor runs shall be set back a minimum of 100 feet from any adjacent residentially zoned or used land. The 100 foot setback notwithstanding, outdoor runs shall be located as far as practicable from any adjacent residential zoning district. Any outdoor runs where pets will be permitted off-leash shall be surrounded by a minimum 54-inch tall fence. If the fence will be visible from any adjacent residential district or road right-of-way, the fence shall be decorative in nature.

3.    Additional Screening May Be Required. The Planning Commission may require a landscaped buffer or solid wall to be provided between the outdoor run and any adjacent residential district if the location of the proposed outdoor run could negatively impact adjacent or nearby residentially zoned or used land.

G.    Disposal of Waste. All used material shall be properly disposed of in appropriate on-site containers for transport to a licensed waste facility. Provisions must be made for disposal of animal wastes in conformance with local health department regulations.

H.    Noise. Such uses shall comply with the requirements of Section 18-16 of the City of Pontiac Code of Ordinances.

2.533 Veterinary Hospital or Clinic.

A.    Outdoor Runs or similar "holding" areas shall be at least 50 feet from any adjacent property line or any adjacent property used by the public and shall not be located in any required front, rear or side yard setback area. Animals must be housed within an enclosed building between the hours of 9:00 p.m. and 6:30 a.m.

B.    Disposal of Waste. All used material shall be properly disposed of in appropriate on-site containers for transport to a licensed waste facility. Provisions must be made for disposal of animal wastes in conformance with local health department regulations.

C.    Licensing. Facilities and operational procedures must meet necessary licensing requirements.

D.    Location of Procedures. All medical and surgical procedures must occur within a completely enclosed building.

Accessory, Temporary, and Other Uses

2.534 Boarders or Roomers.

Not more than two boarders or roomers are permitted per dwelling unit, given a valid Certificate of Compliance pursuant to Section 26-1337 of the City’s Transient Housing Code.

2.535 Drive-Through Facility (accessory to any principal use)

Any use or building that contains a drive-through facility that is designed to provide service to a patron who remains in their car shall comply with the requirements of this section. These requirements are intended to support, enhance, and create a high quality public realm; to support and enhance the pedestrian environment and pedestrian connections; and to encourage development that fits well with and improves its existing or planned context.

A.    Street Access. Drive-through facilities may only be located on sites having frontage upon an A or B street.

B.    Building Design. Drive-through uses must be built as an integral architectural element of the primary structure and use. Building materials shall be the same as those used in the primary structure. Drive-through facilities and structures separate from the primary structure are prohibited.

C.    Building Location and Orientation. The principal building to which the drive-through use is accessory should be located at or near street setback lines. Any building with a drive-through use shall have a prominent pedestrian entrance facing the principal street upon which it has frontage.

D.    Drive-Through Setback. Physical elements of the drive-through use that are visible from the exterior of the building, including the drive-through window, speaker or ordering stations, and any canopies shall be set back a minimum of 10 feet from any street-facing building wall of the primary structure.

E.    Number of Spaces Required. The minimum number of required off-street stacking spaces is as follows:

Use

Stacking Spaces per Lane

Banks or other financial institutions

3

Photo service, pharmacy, dry cleaning outlets

2

Restaurants

8

Car wash (self-serve)

Entrance: 2

Exit: 1

Car wash (automatic)

Entrance: 8

Exit: 1

F.    Modification of Minimum Requirement. The planning commission may modify the minimum number of required spaces based on evidence submitted by the applicant demonstrating that the proposed number of spaces is adequate.

G.    Stacking Space Dimension. Each stacking space shall be nine (9) feet in width and eighteen (18) feet in length.

H.    Stacking Lane Location. Stacking lanes shall not be located between the building and a street, and may not be located in a required front yard.

I.    Headlight Glare. Drive-through uses shall be configured and screened such that glare from the headlights of vehicles waiting in the stacking lane is obstructed from shining into a public right-of-way or neighboring residential use.

J.    Escape Lane. All Drive-up/Drive-through facilities shall provide an escape lane, which allows other vehicles to pass those waiting to be served. An alley may be used for the required escape lane if the Planning Commission determines that minimum conflict would exist between the users of the alley and the commercial traffic.

2.536 Home Occupations.

Home occupations may be permitted accessory to the principal use of a residential dwelling unit under the following procedures and conditions:

A.    Exterior Appearance. 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.    Employees. No more than two persons other than members of the immediate family occupying the dwelling shall be employed.

C.    Location. Either one of the following -- the basement, garage, or no more than 50 percent of the gross floor area of one floor of a residence -- shall be used for these purposes. Use of accessory buildings for these purposes is prohibited, except the garage.

D.    Outside Storage. There shall be no outside storage of any kind related to any home occupation.

E.    Traffic and Deliveries. The use may not increase vehicular traffic flow and parking by more than one additional vehicle at a time, and may not draw truck traffic other than a delivery by a truck no more frequently than an average of once a week.

F.    Mechanical or electric 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.    Signs. Only one nameplate sign with a maximum area of 2 square feet shall be allowed. It may display the name of the home occupation, for example, John Doe, Realtor, and must be attached to the principal building.

H.    Nuisance Prohibited. 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.

I.    Restrictions and enforcement. Operating a business or carrying on a business activity in excess of the limitations of a home occupation as defined and allowed in this Ordinance is prohibited. The conducting of a business or a business activity which results in violations of the limitations or is not a home occupation as defined in this ordinance may be prosecuted in the district court, or may be enjoined in the circuit court. If a question concerning a home occupation is referred to the Zoning Board of Appeals, that board shall hold a public hearing in accordance with Article 6, Chapter 9 and shall determine whether there is, in fact, a home occupation and, if so, whether there are any violations of the limitations in this subsection. The Zoning Board of Appeals may take no further action or may issue a permit, renewable yearly, for the continuation of such use, with or without restrictions. If a hearing is held and a determination is made, the matter may not be reviewed at the complaint of a neighbor unless there has been a change of circumstances.

2.537 Outdoor Retail Sales (accessory to a permitted use)

Accessory outdoor retail sales are the outdoor display or sales of goods that are accessory to a principal use and that do not exceed 20% of the indoor sales or display area.

Areas for outdoor display of merchandise associated with a principal retail sales use may require screening, depending on the nature of the outdoor sales use. Outdoor sidewalk sales areas in the C-2 district will not require screening, but an outdoor sales area attached to a nursery or garden center would require screening. The screening requirement shall be determined by the reviewing authority for the application (see Article 6, Chapter 2 for site plan review requirements). The building official shall review applications for limited outdoor retail sales uses if sketch plan, site plan, or special exception approval is not required.

2.538 Outdoor Retail Sales (temporary or seasonal)

A.    Duration. Administrative permits for temporary/seasonal outdoor sales shall be for a period not to exceed ninety (180) days in one (1) calendar year. No more than one permit may be issued to the same applicant or property in any calendar year.

B.    Performance Standards.

1.    The site upon which the temporary/seasonal outdoor sale is to be conducted shall be kept in a neat and orderly fashion, free from litter, refuse, debris, junk, or other waste which results in offensive odors or unsightly conditions.

2.    Display of items shall be arranged in as compact a manner as reasonably practicable with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe.

3.    No uses or displays shall be permitted in required parking areas, required landscape buffer areas, or any right-of-way. Displays or uses may be permitted in non-required parking areas that are over and above the minimum number of parking spaces required for the use.

4.    Tents, stands, and other similar temporary structures may be used, provided they are clearly identified on a site plan that is submitted and determined by the Building Official to not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site.

5.    Signage shall be limited to one (1) sign not to exceed thirty-two (32) square feet. The sign may be a banner, shall have a professional appearance, and shall be mounted or erected in an appropriate location. This limitation applies to all signs associated with the sale, including those affixed to vehicles.

6.    All lighting shall comply with the lighting standards of Article 4, Chapter 5.

7.    No portion of the use or event shall take place within one hundred (100) feet of any residential buildings.

8.    The Building Official shall have the authority to exempt certain conditions determined to be non-applicable and impose additional conditions determined necessary to ensure public health, safety and welfare.

2.539 Outdoor Sidewalk or Patio Dining.

In the interest of promoting business by increasing activity and improving the general business climate, the City may administratively issue revocable permits to businesses that apply for a permit to operate a sidewalk cafe as an extension of or compatible with the existing business on a portion of a city sidewalk adjacent to the business, or an outdoor dining patio located elsewhere on the site. The permit may be issued under the following terms and conditions:

A.    Sidewalk Cafes.

1.    Conditions. Sidewalk cafe permits shall be issued if the occupancy will not:

a.    Interfere with the use of the street for pedestrian or vehicular travel.

b.    Reduce any sidewalk width to less than 60 inches. Where constrained conditions exist due to an existing narrow sidewalk width or the presence of obstructions including, but not limited to trees, utility infrastructure, or public improvements such as parking meters, benches, or planters, the minimum clear width shall be 42 inches.

c.    Interfere with street cleaning or snow removal activities.

d.    Cause damage to the street or to sidewalks, trees, benches, landscaping or other objects lawfully located there.

e.    Cause a violation of any state or local laws.

f.    Be in or adjacent to property zoned exclusively for residential purposes.

2.    Enclosure. Businesses selling food or beverages to be consumed in a public sidewalk area adjacent to the business may enclose the area with a temporary structure, subject to approval by the building official. Prior to approval, written plans shall be submitted to the building official. All construction shall conform to existing building codes and regulations of the city and shall not be permanent.

3.    Liability Insurance. Prior to the issuance of a sidewalk cafe permit, the applying business must provide the city with a certificate of liability insurance in an amount to be determined solely by the city. The certificate of insurance must be in effect for at least the period of the permit to be issued. In addition, the applying business shall, by written agreement with the city, indemnify and hold harmless the city from all claims or damages incident to the establishment and operation of a sidewalk cafe.

4.    Fee. Prior to the issuance of a sidewalk cafe permit, a fee set from time to time by resolution of the city council shall be paid by the requesting business for the period of the permit.

5.    Period. The period of a sidewalk cafe permit shall not exceed 180 days. The dates and duration shall be specified on the permit. The permit shall be subject to immediate revocation for failure to properly maintain the area being used as a sidewalk cafe, or for any other violation of this Ordinance.

B.    Outdoor Dining Areas.

1.    No music or other noises generated by the operation of an outdoor dining area shall be audible on adjacent residential properties before 4pm or after 10 pm. Music or other noises generated by the operation of the outdoor dining area shall comply with the performance standards for noise contained in Article 4, Chapter 7. Exception: noises generated by outdoor dining areas in the C-2 district are exempt from the noise limitations of this section.

2.    Outdoor dining areas are exempt from City parking regulations, and shall not be included in calculations for minimum parking requirements.

2.540 Outdoor Storage (accessory to a permitted use)

A.    Location. Outdoor storage shall be permitted only as an accessory use to the principal permitted use only in the rear or side yards of the property, and shall be set back a minimum of 10 feet from any property line or the setback applicable to the principal building, whichever is greater.

B.    Area. The total outdoor storage area shall not be permitted to exceed 20 percent of the gross floor area of the building to which it is accessory. Outdoor storage areas that exceed 20 percent of the gross floor area of the building are considered major outdoor storage uses.

C.    Screening. All outdoor storage areas shall be screened on all sides by a masonry obscuring wall similar in appearance to the character of the building, and landscaping as may be required by the planning commission. Such walls may have a maximum height of eight feet and may, depending on the nature of the storage, be required to be higher. Walls shall be maintained so as to remain structurally sound and neat and clean in appearance.

D.    Height of Materials Being Stored. Materials being stored may have or be stacked to a height one foot below the height of the screening wall. Example: materials may not be stacked higher than 7 feet if the screening wall is 8 feet tall.

E.    In the IP-1 District. Such storage areas shall be set back a minimum of 100 feet from any major thoroughfare. This minimum setback area shall be treated in the same manner as the front yard.

2.541 Sustainable Energy Generation.

A.    Purpose. It is the purpose of this Section to promote the safe, effective, and efficient use of sustainable wind and solar energy systems to reduce or replace on-site consumption of utility supplied electricity.

B.    Findings. Wind and solar energy are abundant, renewable, and nonpolluting energy resources and their conversion to electricity will reduce dependence on non-renewable energy resources and decrease air and water pollution that results from the use of fossil fuel inputs. The use of distributed sustainable energy systems will also enhance the reliability and power quality of the power grid, reduce peak power demands, and help diversify the City’s energy supply portfolio.

C.    Definitions. The terms used in this section have the following meanings:

1.    Height. The vertical distance from grade level adjacent to the base of the structure to the edge of the blade at highest rotation for a horizontal axis wind turbine or the highest point of a vertical-axis wind turbine.

2.    Roof-Mounted Energy System. A type of small wind energy conversion system that is mounted on a roof with a height not greater than 15 feet above the ridgeline of a pitched roof or parapet of a flat roof.

3.    Small Wind Energy System. A wind energy conversion system consisting of a wind turbine, tower or axis, blades or blade system, and associated control or conversion electronics primarily intended to reduce on-site consumption of utility power.

4.    Solar Energy System. A solar photovoltaic cell, panel, or array that converts solar energy to usable thermal, mechanical, chemical, or electrical energy.

5.    Solar Storage Battery. A device that stores energy from the sun and makes it available in an electrical form.

6.    Tower Mounted Wind Energy System. A wind energy conversion system that is mounted on a freestanding or guyed tower attached to the ground, and not attached to any other permanent or temporary structure.

7.    Utility Wind Energy System. A wind energy conversion system consisting of a wind turbine, tower or axis, blades or blade system, and associated control or conversion electronics primarily intended to provide wholesale or retail energy to the electric utility grid.

8.    Wind Energy System. Any wind energy conversion device including all associated control or conversion electronics.

D.    Wind Energy Systems.

1.    Where Permitted.

a.    Small Wind Energy Systems. Subject to the requirements of this Section, roof mounted systems are permitted by right in any zoning district, and tower mounted systems are permitted by right in any district except the C-2 district.

b.    Utility Wind Energy Systems may be permitted in the M-2 district, subject to special exception use approval and the requirements of this Section.

2.    Small Wind Energy Review Procedures and Standards. Applications for small wind energy systems shall be reviewed administratively by the building official. The applicant shall submit a sketch plan in accordance with the requirements of Article 6, Chapter 20.

3.    Utility Wind Energy Review Procedures and Standards. Utility wind energy systems are subject to the special exception use review process set forth in Article 6, Chapter 2.

4.    General Standards. The following standards are applicable to all wind energy systems.

a.    Noise. A wind energy system shall not generate a noise level of 55 dB(A), measured at the property line, for more than three minutes in any hour of the day. EXCEPTION: if the constant ambient sound pressure level exceeds 55 dB(A), measured at the base of the wind energy system, a decibel level of the ambient dB(A) plus 5 dB(A) shall not be exceeded for more than three minutes in any hour of the day.

b.    Shadow Flicker. Shadow flicker is a term used to describe what happens when rotating wind turbine blades pass between the viewer and the sun, causing an intermittent shadow. The application for a wind energy system shall include a shadow flicker analysis demonstrating locations where shadow flicker will occur at sunrise and sunset, along with measures the applicant will take to eliminate or mitigate the effects of shadow flicker on adjacent or nearby affected properties.

c.    Lighting. No wind energy system shall be artificially lighted except as required by the Federal Aviation Administration.

d.    Appearance, Color, and Finish. The wind energy system shall be light gray, white, or sky blue in color. All wind energy systems shall be finished in a non-reflective matte finish.

e.    Signs. All signs other than the manufacturer or installer’s identification, appropriate warning signs, or owner identification signs are prohibited.

f.    Electrical Wires. All electrical wires associated with a wind energy system other than wire necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and grounding wires shall be located underground.

g.    Compliance with Electrical Code. Building permit applications for wind energy systems shall be accompanied by line drawings of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

h.    System Access. The tower shall be designed and installed such that step bolts, ladders, or other means of access readily accessible to the public are located at least 8 feet above grade level and secured to prevent access by unauthorized persons.

i.    Wind Access. The City makes no assurance of wind access other than the provisions of this Section. The applicant may provide evidence of covenants, easement or similar documentation for abutting property owners providing access to wind for the operation of a wind energy system.

5.    Tower-Mounted Small Wind Energy System Standards. The following standards are applicable to tower-mounted small wind energy systems.

Table 5. Tower-Mounted Small Wind Energy System Regulations

Residentially Zoned or Used Parcels

Non-Residentially Zoned and Used Parcels

Minimum Parcel Area

0.5 acres (21,780 sq. ft.)

0.5 acres (21,780 sq. ft.)

Maximum Height

The maximum height is:

The maximum height is:

40 feet plus the area of the parcel in acres multiplied by 12.5, rounded down to the nearest integer, or

One foot of height for each 2.5 feet of setback from the base of the tower to the nearest principal building on an abutting parcel, or

80 feet,

100 feet,

whichever is lower.

whichever is lower.

Setback Requirements

The minimum tower setback from any property line shall be 1.2 times the height of the wind turbine

The minimum tower setback from any property line shall be 1.2 times the height of the wind turbine.

The minimum setback from any road or overhead utility right-of-way or easement shall be equal to the height of the turbine unless written permission is granted by the governmental agency or other entity with jurisdiction over the right-of-way or easement.

The minimum setback from any road or overhead utility right-of-way or easement shall be equal to the height of the turbine unless written permission is granted by the governmental agency or other entity with jurisdiction over the right-of-way or easement.

Tower-mounted wind energy systems may not be located in the front yard of any lot unless the principal building is set back 200 feet or more. In such a case, a tower-mounted system may be located in the front yard provided that a minimum 150-foot front yard setback between the tower and the front property line is maintained.

Tower-mounted wind energy systems may not be located in the front yard of any lot unless the principal building is set back 200 feet or more. In such a case, a tower-mounted system may be located in the front yard provided that a minimum 150-foot front yard setback between the tower and the front property line is maintained.

6.    Roof-Mounted Small Wind Energy System Standards. The following standards are applicable to roof-mounted small wind energy systems.

 

Table 6. Roof-Mounted Small Wind Energy System Regulations

Residentially Zoned or Used Parcels

 

Non-Residentially Zoned and Used Parcels

Minimum Parcel Area

No minimum parcel area

No minimum parcel area

Maximum Height

The maximum height is 10 feet above the highest point of the roof.

The maximum height is:

If the building is located within 250 feet of a residential dwelling unit: 15 feet above the top of roof elevation.

If the building is located farther than 250 feet from a residential dwelling unit: 30 feet above the top of roof elevation or 150% of the building height, whichever is lower.

Setback Requirements

Roof-mounted wind energy systems shall be set back a minimum of 20 feet from the property line.

Roof-mounted wind energy systems shall be set back a minimum of 20 feet from the property line, or the height of the system above the top of roof elevation multiplied by 1.25, whichever is greater.

7.    Utility Wind Energy System Standards. The following standards are applicable to utility wind energy systems.

a.    Minimum Site Area. Utility wind energy systems may only be developed on a zoning lot with an area of 60 acres or greater.

b.    Setbacks. Any utility wind energy system shall be set back a distance equal to 1.5 times the height of the tower from any property line, road right-of-way, or overhead utility line.

c.    Towers. Utility wind energy systems shall use tubular monopole towers, and shall not contain lettering, company insignia, advertising, or graphics on the tower or turbine that are visible beyond the property boundaries.

d.    Environmental Impact. The applicant shall submit an environmental impact analysis prepared by a qualified third party assessing any potential impacts on the natural environment including, but not limited to wetlands and other fragile ecosystems, historical and cultural sites, wildlife, and antiquities. The applicant shall take appropriate measures, if possible, to minimize, eliminate or mitigate adverse impacts identified in the analysis. If the adverse impacts cannot be sufficiently mitigated or eliminated, the City shall deny the request for a special exception permit for the utility wind energy system.

e.    Community Impact. The applicant shall be responsible for repairing any public roads or other public infrastructure damaged or otherwise worn beyond typical usage by the construction of the utility wind energy system.

f.    Decommissioning. The applicant shall submit a decommissioning plan, including the following items of information:

g.    The anticipated life of the project.

h.    The estimated decommissioning costs and net salvage value in present dollars.

i.    The method of ensuring funds will be available for decommissioning and removal of towers, and restoration of the site to a pre-construction condition.

j.    Anticipated manner in which the project will be decommissioned and the site restored.

k.    Complaint Resolution. The applicant shall develop a process to resolve any potential complaints from nearby residents concerning the construction and operation of the project. The process may use an independent mediator or arbitrator and shall include a time limit for acting upon a complaint. The process shall not preclude any governmental body from acting on a complaint. The applicant shall maintain and make available to nearby residents a telephone number where a project representative can be reached during normal business hours. The complaint resolution process shall be approved by the Planning Commission.

E.    Solar Energy Systems.

1.    Rooftop and Building Mounted Solar Energy Systems. Rooftop and building mounted solar energy systems are permitted in all zoning districts., subject to the following regulations:

a.    A roof mounted system may not extend more than three feet above the surface to which it is affixed.

b.    No solar energy system may protrude beyond the edge of the roof.

c.    A building permit shall be required for installation of rooftop and building mounted systems.

2.    Ground Mounted Solar Energy Systems. Ground mounted and freestanding solar energy systems are permitted in all zoning districts, subject to the following regulations:

a.    Location. The solar energy system shall meet the required front yard setback requirement for the district in which it is located, and be set back a minimum of 5 feet from any side or rear property line.

b.    Height.

c.    The height of the solar energy system and any mounts shall not exceed 10 feet when oriented at maximum tilt.

d.    If the solar energy system is located in a front yard between the required front setback line and front building wall of the principal building, the maximum height for the system shall be 42 inches (3.5 feet). Evergreen landscaping that is sufficient to buffer the equipment from view from nearby dwelling units or streets but that will not obstruct the energy collecting surface from solar energy shall be provided.

e.    Building Permit. A building permit shall be required for any ground mounted solar energy system.

f.    Area. No more than 20% of the total lot area may be covered by a ground mounted solar energy system.

3.    Batteries. When batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure when in use, and when no longer used shall be disposed of in accordance with applicable laws and regulations.

4.    Removal. If a solar energy system ceases to perform its intended function for more than 12 consecutive months, the property owner shall remove the collector, mount, and associated equipment and facilities no later than 90 days after the end of the 12 month period.

2.542 Temporary and Special Events.

Special and temporary events may be permitted in any zoning district; provided, that the special event does not harm or interfere with the use of neighboring premises or harm the health, safety, and welfare of any person.

A.    Duration. Special or temporary events may be scheduled for a single period not exceeding 30 days during a calendar year, or for up to four nonconsecutive ten-day periods during a calendar year. For the purpose of this section, nonconsecutive is defined as the end of one period and the beginning of another period being separated by more than six calendar days.

B.    Application. Any special event shall obtain an application from the Building Department. Applications must be submitted a minimum of 60 days prior to the date of the event. The application shall include the following information:

1.    Sponsor’s name; representative’s contact number;

2.    Name of use or event;

3.    Dates, times, and location of the use or event;

4.    Size, number, and location of all signs;

5.    If a City business license is required;

6.    The expected number of participants.

C.    Sketch Drawing. The application shall also include a sketch drawing of the premises on which the special or temporary event will be held. The sketch drawing must show the entrance and exit to the use or event, parking areas, signs and other pertinent details as requested by the appropriate department. If the special event is to be held at more than one location, such as a tour of buildings, the application shall include a map of the relevant details at each of the participating buildings or sites. Any “temporary/special event,” that in the opinion of the Planning Administrator, is not exempt from Planning Commission approval.

Sketch drawings should include the following:

1.    Tents.

2.    Signs.

3.    Booths.

4.    Canopies.

5.    Tables.

6.    Portable toilets.

7.    Rides.

8.    Temporary structures or displays of any kind (picture required if deemed necessary by staff).

9.    Parking arrangements.

10.    Street closures/location of barricades.

D.    Signs. Temporary signs associated with the special or temporary event shall comply with the requirements of Article 1. If multiple sites are listed, one temporary sign may be placed at each site. Signs connected with a special or temporary event may be displayed for up to 30 days prior to the event and shall be removed not more than three days after the event.

E.    Vendors/Peddlers. Applications must be submitted 48 hours prior to the event. All vendors are required to have a background check and be compliant with Chapter 26, Article XXIII of the Pontiac Municipal Code.

F.    Bonds. The Community Development Director may require bonds for cleanup, water usage, etc. Bonds are required to be paid 48 hours prior to the date of the event and shall be returned back to the bond holder within two weeks once authorization is given by the appropriate authority.

G.    Insurance Required. Liability insurance is required to be submitted to the Director of Community Development. Insurance must be submitted at least two weeks prior to the date of the event.

H.    Permits. Permits (building, sign, electrical, hydrant, right-of-way, etc.) and fees must be obtained/submitted at least two weeks prior to the event.

I.    Notification. Applicant must notify all potentially affected property owners and advise them of the date and time of the proposed event, and description of the activity. The Community Development Director may waive this requirement if other notification methods are deemed appropriate.

J.    Review. The special event permit application shall be submitted to the Community Development Director, who shall distribute the application to any Community Development Director departments affected by the special event for review and comment. These departments may include the Building Department, Police Department, Fire Department, City Clerk, Public Works Director, or any other City department. In reviewing the application, the departments shall consider traffic circulation, parking, sign placement, and surrounding uses.

K.    Decision. The Community Development Director shall approve, approve with conditions, or deny the application within 60 days of the receipt of the application. On approval, the Director of Community Development will issue a certificate of approval to the sponsor of the event.

L.    Effect of Denial. The sponsor of any application that is denied by the Community Development Director may appeal the decision to the Zoning Board of Appeals under the provisions of Article 6, Chapter 4.

(Ord. No. 2291, § 1(D), 6-27-13)

2.543 Wireless Telecommunication Facilities.

A.    Purpose. The purpose of this section is to provide a process and to set standards for the construction, expansion and modification of wireless communications facilities (WCF), to protect the historic, scenic and visual character of the City, and to comply with federal laws and regulations regarding wireless communications facilities and to provide reasonable access.

B.    Definitions. The following terms, as used in this Section 2.543 shall have the following meaning:

1.    Active Operation. The continuous transmitting or receiving of radio frequency signals.

2.    Co-location. The use of a support structure or an alternative support structure by more than one wireless service provider.

3.    Disguised WCF. A WCF made and designed to appear to be an object recognized as other than a WCF.

4.    Ground Mounted WCF. A WCF which is mounted to the ground, and which has a mast or similar structure and not a lattice tower or guy tower and is less than 50 feet in height.

5.    Hidden WCF. A WCF that is fully hidden from view when contained within an existing structure unrelated to a WCF, such as a building, wall, or roof.

6.    Monopole WCF. A WCF with a monopole support structure.

7.    Support Structure. Any built structure, including guy wires and anchors if used, to which antennas and associated hardware are mounted.

8.    Wireless Communication Facility (WCF). Any structure, antenna, tower, or other device that provides voice, data, radio, or television transmission, personal wireless service, commercial mobile wireless services, unlicensed wireless services, cellular phone services, specialized mobile radio and enhanced special mobile radio communications, common carrier wireless exchange access services, common carrier wireless exchange phone services and personal communications services or pager services. The definition of WECF includes personal wireless services facilities as that term may be defined in Title 47, United States Code, Section 332(c)(7)(c), as it may be amended now or in the future.

C.    Applicability. This Ordinance applies to all construction, expansion, modification, maintenance, and operation of wireless communications facilities except:

1.    Emergency WCF. Temporary wireless communications facilities for emergency communications by public officials.

2.    Maintenance or repair. Maintenance or repair of a WCF and related equipment provided that there is no change in the height or any other dimension of the facility.

3.    Temporary wireless communications facility. Temporary WCF, in operation for a maximum period of seven (7) days.

4.    Antenna as Accessory Uses. An antenna, other than parabolic dish antenna greater than five (5) feet in diameter, that receives only and is accessory to a permitted use, that is, related to such use but clearly incidental and subordinate.

D.    Approval Authority. No person or agency shall construct or expand a WCF without approval of the building official, Planning Commission, or the City Council as follows:

1.    Approval by the Building official is required for:

a.    A WCF not exceeding 65 feet in height used for licensed amateur (“ham”) radio, which is not additionally licensed or used for any commercial purpose other than by the licensed amateur radio operator, and when there is no other WCF on the parcel on which the new WCF is to be located.

b.    Co-location on an existing WCF that does not increase the height of the support structure.

c.    A disguised WCF not exceeding 35 feet in height.

d.    A hidden WCF.

2.    Site plan approval is required for construction of a new WCF monopole structure on public property owned by the City, or a public school district.

3.    Special exception approval is required for construction of any new WCF monopole structure in any zoning district not located on public property owned by the City or a public school district.

E.    Application Requirements. Applicants seeking approval for an WCF shall submit all applicable materials from the following list, as identified by the Building official:

1.    A copy of the FCC license for the facility, or the license to operate within an assigned geographic area including the City of Pontiac.

2.    A signed statement from the owner or operator of the facility attesting that the facility complies with and will comply with FCC regulations.

3.    A map showing the location of all existing and approved WCFs within a four mile radius of the proposed WCF.

4.    A written statement of the need for a WCF at the particular location. The statement should also describe reasonably anticipated expansion plans for the WCF, and reasonably anticipated changes of technology and their effect on expansions of the proposed facility.

5.    Evidence demonstrating that no existing building, site, or structure or more preferred support structure as identified in Section 2.543.F.1, below.

F.    Wireless Telecommunication Facility Support Structure Standards.

1.    Limitation on new support structures. It is the City’s policy to minimize the proliferation of new wireless telecommunication facility support structures in favor of collocation of such facilities on existing structures. No new wireless telecommunication facility support structures shall be constructed unless the applicant for the new structure demonstrates, and the Planning Commission finds, that collocation on an existing structure is not adequate or is not reasonably feasible. New WCF facilities must be located according to this list of preference, from most preferred to least preferred. A new WCF facility will not be approved unless the applicant can demonstrate to the satisfaction of the review authority that all of the more preferred WCFs are not practical.

a.    Hidden WCFs (most preferred).

b.    Co-location on an existing support structure.

c.    Disguised WCFs.

d.    Location on existing structures.

e.    Ground mounted WCFs.

f.    New monopole WCF (least preferred).

2.    Monopole design required. All WCF support structures, unless otherwise provided, shall have a monopole, unipole or similar non-lattice, single vertical structure design and shall be further designed to accommodate at least four wireless telecommunication arrays of antennas or panels. The applicant shall submit an affidavit by a design engineer registered in the state attesting that the support structure can support at least four wireless telecommunication arrays of antennas or panels. The site plan for any new support structure shall expressly state that the support structure shall be erected and available for collocation, and shall also show the proposed location of the applicant’s and co-locators’ equipment shelters and related facilities.

3.    Maximum height. WCFs shall not exceed 150 feet in height, as measured from the average grade at the base of the support structure to the top of the antenna or panel. In no case shall the height exceed any applicable height limitation established by county, state or federal regulations.

4.    One support structure per lot. Except in the M-1 or M-2 zoning district, not more than one WCF support structure may be located on a single lot.

5.    Location on lot. If located on the same lot as another permitted use, a ground mounted or monopole WCF shall not be located in a front yard or side yard abutting a street.

6.    Setbacks. Ground mounted and monopole WCFs shall be set back from the lot line a distance not less than one-half of its height or 65 feet, whichever is greater. However, when wireless telecommunication facilities are located on premises abutting residentially zoned or used land, the minimum setback from the lot line abutting the residentially zoned lot shall be equal to the height of the facility. All setbacks shall be measured from the edge of the WCF support structure.

7.    Signs. No sign shall be attached to or displayed on a WCF other than signs required by federal, state, or local law. No signals or lights or other means of illumination shall be permitted on a facility unless required by state or federal law or regulation. The facility shall have a neutral color intended to blend with the surroundings.

8.    Equipment shelters. If the wireless telecommunication facility is located on a site which is already improved with another building or structure, and an equipment shelter is proposed, the equipment shelter shall be constructed with exterior facade materials similar to the principal building or structure on the site. Equipment shelters and accessory structures are limited to uses associated with the WCF and may not be located closer than 30 feet to any property line.

9.    Fence. A minimum 6-foot tall decorative fence shall be provided surrounding the WCF equipment enclosure.

10.    Screening. Monopole and ground mounted WCFs, including the related equipment and required fence, shall be substantially screened from view from abutting properties. The screening shall consist of evergreen plant materials with a minimum height of 6 feet at planting, planted in such a manner to create an opaque screen within 3 years of planting. Existing vegetation that will be preserved may be used to satisfy the screening requirement with the consent of the reviewing authority.

11.    Disguised WCFs. A disguised WCF made to appear as an unrelated object such as a tree, steeple, or flagpole shall be sufficiently realistic in size and proportion to adjacent features as to be reasonably perceived as the intended object. The disguise must encompass the entirety of the WCF including its base facilities or, alternately, the base facilities may be isolated from the WCF in a separate building not closely associated with the disguised WCF. For the purposes of determining compliance with this Ordinance, the disguised WCF shall be treated identically as the object which it is intended to be recognized would be.

12.    General Requirements:

a.    All towers shall be equipped with a secured anti-climbing device to prevent unauthorized access.

b.    The plans of the tower construction shall be in conformance with all local and state building codes, Federal Aviation Administration, and Federal Communications Commission design standards and stamped by a registered structural engineer to verify the conformance.

c.    Towers in excess of 100 feet in height above grade level shall be prohibited within a two-mile radius of a public airport or a one-half-mile radius of a helipad.

d.    Metal towers shall be constructed of or treated with corrosive-resistant materials.

e.    Antenna and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with all applicable statutes, regulations and standards.

f.    All signals and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least eight feet above the ground at all points unless buried underground.

g.    Towers shall be located so there is room for vehicles doing maintenance to maneuver on the property owned or leased by the applicant.

h.    The base of the tower shall occupy no more than 500 square feet.

i.    Towers shall not be artificially lighted unless required by the Federal Aviation Administration.

j.    On-site vegetation shall be preserved to the maximum extent practicable.

k.    The antenna or tower shall not be used for display of an advertisement or identification of any kind, except for emergency purposes.

l.    Structures shall be subject to any state and federal regulations concerning nonionizing electromagnetic radiation. If more restrictive state or federal standards are adopted in the future, the antenna shall be made to conform to the extent required by such standard; or the tower or antenna shall be removed. Cost for testing and verification shall be borne by the operator/owner of the antenna.

G.    Co-location.

1.    Existing structures. Wireless telecommunication antennas or panels may be installed on existing buildings or structures provided such antennas or panels, and their supporting structure, do not exceed the height limitation set forth in subsection E(3) of this section.

2.    Exemption from setbacks. Any wireless telecommunication antenna or panel mounted on an existing building or structure which does not increase the height of the building or structure shall be exempt from the setback requirements of subsection E(6) of this section.

H.    Standards and conditions applicable to facilities requiring special exception permit approval. Applications for wireless communication facilities requiring special exception approval shall be reviewed in accordance with the following standards:

1.    Demonstration of need. The applicant shall demonstrate the need for the proposed facility to be located as proposed. Such demonstration of need shall include evidence supporting why a site requiring only site plan approval is not reasonably feasible, and also shall be based upon the presence of one or more of the following factors:

a.    Proximity to an interstate or major thoroughfare.

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

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

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

e.    Other specifically identified reason(s) creating facility need.

2.    WCFs in residential zoning districts. WCFs located in one-family residential zones, if permitted, shall meet one of the following requirements:

a.    Existing non-residential building. The WCF shall be mounted directly onto an existing, non-residential building in a manner that does not increase the height of the building. The facility shall consist of material or color which is compatible with the exterior treatment of the building;

b.    Existing non-residential structure. The WCF shall be located on an existing, non-residential support structure, pole or tower such as a public or private utility tower, pole or structure, but not on a building. Such facility shall consist of a material or color which is compatible with the tower, pole or structure. Antennas or panels may extend above the top of the tower, pole or structure not more than 30 feet; however, the height to the top of the antenna or panel may not exceed 150 feet; or

c.    New support structure on public property. The WCF shall be located on a new support structure situated on public property. Any facility located on public property which is used for passive recreation shall be designed to minimize the conspicuousness of the facility (e.g., utilizing camouflaged or stealth designed poles or existing environmental features as screening). All such facilities located on public property shall meet the setback requirements of this section. The use of guy wires is prohibited in residential districts.

I.    Abandonment.

1.    A WCF that is inactive for 12 consecutive months shall be considered abandoned. The Building official shall notify the owner of the abandoned facility in writing and order removal of the facility within 90 days of receipt of the written notice. The owner of the facility shall have 30 days from receipt of the written notice to demonstrate to the building official that the facility has not been abandoned.

2.    If the owner fails to demonstrate that the WCF is in active operation, the owner shall have 60 days to remove the facility, including all above ground structures, equipment, foundations (to a depth of 12 feet below grade), and utilities constructed specifically to serve the WCF. The land shall be returned to a condition as near to the original pre-construction condition as possible. If the facility is not removed during this time period, the City is permitted to remove the facility at the owner’s expense.

3.    If a surety has been given to the City for removal of the WCF, the owner of the WCF is permitted to apply for release of the surety when the WCF and related equipment are removed to the satisfaction of the Building official.

2.544 Mobile Food Vehicle Vendors.

A.    Purpose. The provisions of this section are intended to prevent predatory practices on brick and mortar restaurants and retail businesses while allowing for new food vending and retail vending opportunities that can add vitality to vacant commercial lots, underutilized sites, and residential lots with specific conditions. These provisions shall apply to businesses engaged in cooking, preparation and distribution of food or beverages on properties located outside of the public right-of-way. This section does not apply to mobile vendors that move from place to place and are stationary for less than 15 minutes at a time, which are subject to regulations of Chapter 26 of the Pontiac Municipal Code. Mobile food vehicle vendor sales, including those conducted in stands, trailers, wagons, or vehicles shall be permitted subject to the following requirements:

B.    Ancillary Use. Mobile food vehicle vendors may be permitted as an ancillary use to the principal permitted use and business on the lot or site.

C.    Principal Use. Mobile food vehicle vendors as a principal use on a vacant lot or as part of a group of retail business buildings approved under a single approved plan shall be permitted in all mixed-use and industrial districts subject to the provisions of Chapter 26 of the Municipal Code.

D.    Special Exception Permit Required. In any residential zone district, mobile food vehicle vendors shall be subject to special exception permit approval standards and the provisions of Chapter 26 of the Municipal Code.

E.    Approvals. In addition to satisfying the requirements of this section, evidence of approval from the Oakland County Health Department shall be provided for all mobile food vehicle vendors. A Pontiac business license shall also be obtained from the Building Department for all mobile food vehicle vendors and operators.

F.    Outdoor Cooking. Outdoor food preparation and cooking is prohibited within 150 feet of a residential building or zone district.

G.    Active Use. Any stand, trailer, wagon, or vehicle that is located on a property for the purposes of mobile food vehicle vendors shall remain in continuous operation so long as the premises are occupied. If the business closes, ceases to operate, or fails to keep regular business hours then the temporary use permit may be revoked by the Planning Department and the stand, trailer, wagon or vehicle shall be immediately removed from the property.

H.    Parking Area. The area occupied by ancillary mobile food vehicle vendors shall be no more than 20 percent of any required parking spaces or area on a site. Sufficient on-site or district parking shall be provided for each stand, trailer, wagon, or vehicle on a lot; this shall be in addition to any other required parking for retail business buildings located on the same parcel.

I.    Pedestrian Space. A minimum pedestrian clear space of five feet is required along all public walkways, unless waived in accordance with provisions of the zoning ordinance.

J.    Public ROW and Clear Vision. Mobile food vehicle vendors shall not be located in the public right-of-way or on public property unless otherwise approved, and shall be outside of clear vision areas.

K.    Sanitary Facilities. Tables and chairs may be provided for customer use only if arrangements are made and documentation is provided for sanitary facilities within 100 feet. Trash receptacles shall be provided.

L.    Hours of Operation. Operating hours shall be 10:00 a.m. until 10:00 p.m. Sunday through Thursday and 10:00 a.m. until 11:00 p.m. on Friday and Saturday, unless otherwise approved by the Planning Commission.

M.    Co-Location. Where mobile food vehicle vendors have been approved on a lot as a principal use, consideration shall be given to locating additional mobile food vehicle vendors on the same lot.

N.    Sound. No outdoor amplified music, sound, or noise shall be permitted for mobile food vehicle vendors. Outdoor generators that provide power shall be identified; such generators may be prohibited if it is anticipated that such an operation will create a nuisance to neighbors due to noise, exhaust or vibration.

O.    Required Site Information. A site plan shall be submitted that includes:

1.    Location and dimensions of any stand, trailer, wagon or vehicle, and any other outdoor activity associated with mobile food vehicle vendors;

2.    Site dimensions of any existing buildings on the lot including building setbacks;

3.    Existing public improvements, such as fire hydrants, bus shelters, trees and tree grates and parking meters;

4.    Surface type of the lot (e.g., unimproved/paved);

5.    A parking plan, including traffic circulation patterns;

6.    Site lighting plan;

7.    Location of trash receptacles;

8.    Location of on-site water, generator, and/or electric utilities that will serve concession vendor(s);

9.    Location of sanitary facilities;

10.    Business district map identifying existing restaurants located within buildings, as well as other mobile food vehicle vendor locations within 300 feet; and

11.    Photographs of the area.

P.    Required Mobile Food Vehicle Vendor Facilities Information. A narrative with elevation drawings shall be submitted that describe and show:

1.    Nature of proposed mobile food vehicle vendors, including food/beverage type (nonalcoholic only);

2.    Vehicle or structure type;

3.    Site signage;

4.    Duration that sales will occur on the site;

5.    Hours of operation.

Q.    Temporary Use Permit Required. A temporary use permit shall be obtained by each mobile food vehicle vendor business on a property. The vendor shall adhere to all regulations and requirements of this section and any conditions imposed by the Planning Department. The Planning Director shall apply the review standards of this section to ensure that the proposed mobile food vehicle vendors will not be in conflict with these standards in the issuance of a temporary use permit.

R.    Review Standards. The following considerations shall be used by the Planning Department and the Planning Director in the deliberation and approval of a mobile food vehicle vendor’s request for the site and/or vendor business:

1.    Will the use contribute to the vitality and experience of the business district?

2.    Will the use support or detract from existing brick and mortar establishments?

3.    Is there an appropriate separation distance between temporary and permanent uses so as to not impair the long-term viability of nearby businesses?

4.    Will the use add variety to the types of food or beverage offerings in the district or compete with area businesses in close proximity?

5.    Will the proposed stand, trailer, wagon or vehicle contribute to the general aesthetic of the business district and include high quality materials and finishes?

S.    Location. Mobile food vehicle vendors shall be located on an A or B street only.

T.    Temporary structures shall meet the setback requirements applicable to the principal building in the zoning district and shall not be located within 150 feet of any residentially zoned property.

U.    Signs are limited to those placed directly on the mobile food vehicle. No separate freestanding signs are permitted. All signs shall have a professional appearance.

(Ord. No. 2318, § 1, 3-17-14)


1

State licensed residential facilities with 6 or fewer clients are family day care homes, foster family homes, foster family group homes, and adult foster care family homes.

State licensed residential facilities with more than 7 but less than 13 clients are group child day care homes, and adult foster care small group homes.

State licensed residential facilities with 13 or more clients include adult foster care congregate facilities and adult foster care large group homes.