CITY OF OMER 

ZONING ORDINANCE 

Adopted June 11, 2024 

Amended March 25, 2025 

ARENAC COUNTY, MICHIGAN

TABLE OF CONTENTS 

Page City Zoning Map ii Chapter 1 Preamble 1 Chapter 2 Definitions 3 Chapter 3 Non-Conformities 14 Chapter 4 General Provisions 16 Chapter 5 District Regulations 22 

Section 5.5 – Agricultural / Residential District 22 Section 5.6 – River Residential District 26 Section 5.7 – Mixed Use District 28 Section 5.8 – Table of Dimensional Requirements 34 Section 5.9 – Planned Developments 35 

Chapter 6 Parking 40 Chapter 7 Signs 42 Chapter 8 Special Uses 45 Chapter 9 Development Site Plan Review 68 Chapter 10 Administration & Enforcement 75 Chapter 11 Zoning Board of Appeals 78 Chapter 12 Amendments & Rezoning 8

ZONING ORDINANCE OF THE CITY OF OMER ARENAC COUNTY, MICHIGAN 

An ordinance to establish zoning districts and to enact provisions regulating the uses of land and natural resources in the City of Omer, Arenac County, Michigan in accordance with Public Act 110 of 2006, the Michigan Zoning Enabling Act, as amended. 

CHAPTER 1 PREAMBLE 

SECTION 1.1 TITLE 

This Ordinance shall be known as the “Zoning Ordinance of the The City of Omer” and shall be referred to as “this Ordinance.” 

SECTION 1.2 PURPOSE 

This Ordinance is based on the City of Omer Master Plan and designed to be the primary means for its implementation. It sets forth regulations and standards for the uses of land, structures, and natural resources of the City and for development, redevelopment or restoration of all property by establishing requirements requisite to proper land use. The regulations of this Ordinance accomplish the purposes and objectives as outlined below by providing for land uses within each district, by acknowledging the unique impacts of special land uses through specific standards for their development in appropriate locations within selected districts; by promoting quality development by limiting the location, height, bulk, occupancy and uses of buildings and other structures by defining maximum residential density and specifying the percentage of a site available for building by providing for basic site design standards to ensure that land is developed in a functional and aesthetic manner, and by requiring various setbacks from property lines and public street rights-of-way. 

The objectives of the City of Omer Ordinance are: 

A. To promote the public health, safety, and general welfare; 

B. To ensure that land uses shall be in appropriate locations and in proper relationships with other uses; C. To provide for open spaces in order to prevent the overcrowding of land and congestion of population, transportation, and public facilities; 

D. To provide for adequate and efficient transportation, sewage disposal, water, and energy systems, and for recreation, public safety, and other public service and facility needs; 

E. To cause and perpetuate the wise use of lands and natural resources in accordance with their character and their adaptability to development or not; 

F. To eliminate the improper uses of land; 

G. To effect the proper and orderly development of the City; and 

H. To accomplish the goals and objectives of the City’s Master Plan. 

To meet these objectives, lands of the City of Omer Zoning Ordinance are divided into districts of such number, shape and area, and of such common purpose, adaptability or use, that are deemed most suitable to protect the common rights and interests within each district and the City as a whole, to preserve the property owners’ rights to the use of their lands, and to promote quality of life and business vitality. 

The Zoning Districts Map delineates land uses within the city and is organized into the following zones: 

Agricultural / Residential District 

Forested / Residential District 

River / Residential District 

Mixed Use District 

City of Omer 

1 Zoning Ordinance
 Regulations for each district are divided into six parts: 

Intent and Purposes 

Permitted and Conditional Uses 

Property Development Standards 

Performance Standards 

Accessory Structures and Uses 

Miscellaneous Regulations 

SECTION 1.3 SCOPE 

A. Where any condition imposed by any provision of this Ordinance upon the use of any lot, building, or structure is either more restrictive or less restrictive than any comparable condition imposed by any other provision of this Ordinance, the provision which is more restrictive or which imposes the higher standard or requirement shall govern. 

B. This Ordinance shall not abrogate or annul any easement, covenant, or other private agreement. Where any provision of this Ordinance is more restrictive or imposes a higher standard or requirement than such easement, covenant, or other private agreement, the provision of this Ordinance shall govern. 

C. Zoning applies to every building, structure, or use. No building, structure or land shall be used or occupied, and no building or structure or part thereof shall be erected, moved, placed, reconstructed, extended, enlarged, or altered, except in conformity with this Ordinance. 

D. No setback area or lot existing at the time of adoption of this Ordinance shall be reduced in dimensions or area below the minimum requirements set forth herein. Yards, lots, or setback areas, created after the effective date of this Ordinance shall meet at least the minimum requirements established herein. 

E. Unless otherwise provided for by this Ordinance, any conditions attached to a lot as a result of public action taken pursuant to the application of this Ordinance shall remain in effect even though said lot may change ownership. 

F. The regulations herein established shall be minimum regulations for promoting and protecting the public health, safety, and welfare. 

SECTION 1.4 AUTHORITY 

This Ordinance is enacted in accordance with Public Act 110 of 2006, the Michigan Zoning Enabling Act, as amended. 

SECTION 1.5 VALIDITY AND SEVERABILITY 

This Ordinance and the various parts, subsections, paragraphs, sentences, phrases, and clauses thereof are hereby declared to be severable. If any court of competent jurisdiction shall declare any part of this Ordinance to be invalid, such ruling shall not affect any other provisions of the Ordinance not specifically included in said ruling. Further, if any court of competent jurisdiction shall declare invalid the application of any provision of this Ordinance to a particular lot, use, building, or structure, such ruling shall not affect the application of said provision to any other lot, use, building, or structure not specifically included in said ruling. 

SECTION 1.6 EFFECTIVE DATE 

A. The existing zoning ordinance of the City of Omer and its amendments to date are hereby repealed. However, the adoption of this ordinance shall not effect, hinder, or prevent any pending or future prosecution of, or action to abate, any existing violation of the prior ordinance or its amendments if the use or violation is in violation of the provisions of this ordinance. 

B. This Ordinance shall take effect on the eighth (8th) day after publication thereof. City of Omer 2 Zoning Ordinance
 

CHAPTER 2 DEFINITIONS 

SECTION 2.1 RULES APPLYING TO THE TEXT 

The following rules of construction shall apply to the text of this Ordinance. 

A. Except with respect to the headings contained in Section 2.2, the headings that title a chapter, a section or a subsection of this Ordinance are for the purposes of organization and are not to be considered in any construction or interpretation of this Ordinance or as enlarging or restricting any of its terms or provisions in any respect. 

B. The illustrations contained within this Ordinance are intended to exemplify hypothetical applications of the provisions of the text that refer to them and shall not have the effect of enlarging or restricting those terms or provisions. In the event of any conflict between the provisions of the written text of the Ordinance and the illustrations, the text shall govern. 

C. When inconsistent with the context, words used in the present tense shall include the future tense, words in the singular shall include the plural and words in the plural shall include the singular. 

D. The word ”shall” is always mandatory and not discretionary. The word “may” is permissive. E. A “building” or “structure” includes any part thereof unless specifically excluded. F. The word “person” shall include a firm, association, partnership, joint venture, corporation, trust, municipal 

or public entity, or equivalent entity or any combination of them as well as a natural person. G. The words “used” and “occupied”, as applied to any land, building or structure, shall be construed to include the phrases “intended to be”, “arranged to be” or “designed to be” used or occupied. 

H. The words “erected” or “erection” as applied to any building or structure, shall be construed to include the words “built”, “constructed”, “reconstructed”, “moved upon”, or any physical operation or work on the land on which the building or structure is to be built, constructed, reconstructed or moved upon, such as excavation, filling, drainage or the like. 

I. The particular shall control the general. 

J. Terms not herein defined shall have common, customary meanings. 

SECTION 2.2 DEFINITIONS 

For the purpose of their use in this Ordinance, the following terms and words are hereinafter defined: 

Accessory Building or Structure is a building or structure that is detached from the principal building located on the same lot and is customarily incidental to the principal building. 

Accessory Use shall mean a use incidental, related, appropriate, and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of such lot or building. 

Agriculture is farms and general farming, including horticulture, floriculture, dairying, fish farming, livestock, and poultry raising, and other similar enterprises or uses. 

Alley, Lane, or Service Drive is a service way providing a secondary means of public access to abutting properties and not intended for general traffic circulation. 

Battery Storage Facility or Energy Storage Facility is a system that absorbs, stores, and discharges electricity and is a Public Utility Facility. (see below) 

Bed and Breakfast Establishment is a use which is subordinate to the principal use of a dwelling as a single-family dwelling unit and in which transient guests do not stay more than seven (7) consecutive days and are provided a sleeping room and a breakfast in return for payment. 

Bonafide Commercial Agricultural Operation is the raising of plants or animals, commonly grown in Central Lower Michigan, on a parcel of land appropriate for a continuing agricultural enterprise. 

Building is any structure which is erected having a roof supported by columns or walls. 

Building Height shall mean the vertical distance from the average grade to the highest point of the coping of a flat City of Omer 3 Zoning Ordinance

roof or to the deck line of a mansard roof or to the highest point of the highest gable of a pitch or hip roof, but exclusive of vents, mechanical equipment, chimneys, or other such incidental appurtenances. 

Building Site shall mean a legally created parcel or contiguous parcels of land in single or joint ownership that provides the area and the open spaces required by this Ordinance for the location or construction of a building, exclusive of all vehicular and pedestrian rights-of-way and all other easements that prohibit the surface use of the property by the owner thereof. 

Camping is the temporary placement on a property of tents, travel trailers, or recreational vehicles. (Four units shall constitute a Lodge, if placed on a lot or parcel for more than two weeks.) 

Commercial Cargo Container is a metal or primarily metal, container designed and constructed to ship, store, or bundle bulk goods, also known as intermodal freight containers, or bulk shipping containers. 

Commercial Vehicle is any motor vehicle which is used for the transportation of passengers for hire or which is constructed or used for the transportation of goods, wares, or merchandise, or which is designed and used for drawing other vehicles. 

Department means the Michigan State Department of Licensing and Regulatory Affairs or any authorized designated Michigan agency authorized to regulate, issue or administer a Michigan License for a Commercial Marijuana Facility or Marijuana Establishment. 

Development Site Plan is the documents and drawings required by the Zoning Ordinance necessary to ensure that a proposed land use or activity is in compliance with local ordinances and state and federal statutes. 

Drive-through Business is a business establishment organized so that its retail or service character is wholly or partially dependent on providing a driveway approach and service windows or facilities for vehicles in order to serve patrons while in their vehicles. 

Driveway is that portion of a lot or parcel of land devoted to affording the principal means of access for no more than two (2) dwellings to and from a Public Road. 

Dwelling, Multiple-Family is a building containing three (3) or more dwelling units with a minimum 385 square feet per dwelling unit, designed for exclusive use and occupancy by three (3) or more families. 

Dwelling, Single-Family is a building designed for exclusive use and occupancy as a dwelling unit by one (1) family, complying with the following standards: 

1. A single-family dwelling shall have a minimum of 385 square feet of living space. 2. It complies in all respects with the State of Michigan Construction Code as promulgated by the State of Michigan Construction Commission under the provisions of Public Act 230 of 1972, as amended, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards and regulations for construction are different from those imposed by the state building code, then, and in that event, such federal or state standard or regulation shall apply. 

3. It is firmly attached to a permanent foundation constructed on the site in accordance with the building code in effect, and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable building code for single-family dwellings. In the event that the dwelling is a mobile home, as defined herein, such dwelling shall be installed pursuant to the manufacturer’s set-up instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the Michigan Mobile Home Commission and shall have a perimeter wall as required above. 

4. The dwelling is connected to a public sewer and water supply or to such private facilities approved by the District Health Department. 

5. The dwelling contains a storage area in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction similar to, or of better quality than the principal dwelling, which storage area shall be equal to ten (10%) percent of the square footage of the dwelling or one hundred (100) square feet, whichever is more. 

6. The dwelling contains no additions or rooms or other areas which do not meet the same City of Omer 4 Zoning Ordinance

construction requirement listed above and are permanently attached to the principal structure. 7. The dwelling complies with all pertinent building and fire codes. In the case of a mobile home, all construction and all plumbing, electrical apparatus and insulation within and connected to said mobile home shall be of a type and quality conforming to the “Mobile Home Construction and Safety Standards” as promulgated by the United States Department of Housing and Urban Development, being 24CFR 3280, and as from time to time such standards may be amended. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements. 

8. The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in this Ordinance. 

9. All construction required herein shall be commenced only after a zoning permit and building permit have been obtained in accordance with the applicable health and building code provisions and requirements. 

10. A Tiny House is a single-family dwelling with the features of a customary house including cooking, sleeping, and normal housekeeping but with a footprint of a minimum of 225 square feet. Tiny houses must comply with all of the above standards for single-family dwellings. 

Dwelling, Two-Family (Duplex) is a building containing two (2) separate dwelling units, one unit having a minimum 385 square feet and the other having a minimum of 385 square feet, designed for residential use by no more than two (2) families and connected by either a common wall or an attached garage area. 

Dwelling Unit is a building, or part thereof, providing complete living facilities, including provisions for sleeping, cooking, eating and sanitation (abbreviated as “d.u.”). 

Essential Service is a service utility which is needed for the health, safety, and welfare of the community. In Michigan, these services are controlled by the Public Services Commission. 

Family is an individual or two (2) or more persons related by blood or marriage, or a group of not more than five (5) persons who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling. 

Farm is a tract of land that is directly devoted to the purpose of agriculture. 

Flag Lot is a lot not fronting on or abutting a road where access to the road is by a minimum thirty-three (33) foot private right-of-way. 

Floor Area is the total area of the floor space within the outside walls of a building, excluding porches, breezeways, garages, attics, basements, utility areas, cellars or crawl spaces, but which may include that portion of a walkout basement that is finished for everyday living and not just for storage or occasional use. 

Frontage is the continuous length along which a parcel of land fronts on a road or street, measured along the line where the property abuts the street or road right-of-way. 

Garage - Private is a detached accessory building or portion of a main building used for the parking or storage of vehicles. 

Garage - Public is a building other than a private garage used for the commercial purpose of parking, storing, repairing or equipping motor vehicles. 

Home Occupation is an occupation or profession carried on by an occupant of a dwelling unit as a secondary use which is clearly ancillary to the use of the dwelling for residential purposes. Outdoor storage shall be completely screened; and no activity shall become a nuisance to its immediate neighbors or neighborhood. 

Indoor Recreation Establishment is a facility designed and equipped for the conduct of sports, amusement or leisure time activities and other customary recreational activities indoors (within an enclosed building) and operated as a business and open for use by the public for a fee, e.g health and fitness centers, bowling alleys, indoor softball, and racquetball and tennis clubs. 

City of Omer 5 Zoning Ordinance

Inn, Boarding or Lodging House is and establishment other than a hotel where, for compensation and by prearrangement for definite periods, lodging, meals, or both are provided for three (3) or more, but not exceeding twenty (20), persons. 

Kennel is any land, building, or structure where eight (8) or more cats and/or dogs over six (6) months of age are either permanently or temporarily boarded, housed, bred or sold for profit. 

Land Division is any splitting or dividing of a plot of land (parent parcel) that results in the creation of a new defined parcel or parcels of land from the original parent parcel. 

Large Scale Livestock Enterprise/Concentrated Animal Feeding Operations of more than fifty animals where animals are confined in “houses” on small plots of land and fed for market generally for more than 45 days. 

Loading Area is a space on the same lot with a building, or group of buildings, for the temporary parking of commercial vehicles while loading and unloading merchandise or materials. 

Lodge is a building or group of buildings, or four or more tents, travel trailers or recreational vehicles set up for hunting or other special season outdoor recreational activities, if placed on a lot or parcel for more than two weeks (see Camping). 

Lot is a parcel of land separated from other parcels of land by a recorded description in a plat, by metes and bounds, or a condominium master deed, having frontage upon a public or private street and having sufficient size to comply with the requirements of this Ordinance. 

Lot Area is the total area included within lot lines. Where the front lot line is the centerline of a public street, the lot area shall not include that part which is in the public right-of-way. 

Lot Coverage is a part or percent of a lot occupied by buildings or structures and other impervious surfaces. Lot Depth is the arithmetic mean of the shortest and longest distance from the front lot line to the rear lot line. 

Lot Line is the line bounding a lot, parcel, or general or limited common element that separates the lot, parcel, general or limited common element from another lot, parcel, general or limited common element, existing street right-of-way, approved private road easement, or the ordinary high water mark. 

Lot Line, Front is the lot line separating a lot or parcel from a street right-of-way (refer to Figure 1), or in the case of a lake lot, the ordinary high water mark. 

Lot Line, Rear is the lot line which is opposite and most distant from the front lot line. In the case of an irregular or triangular shaped lot, a line at least ten (10) feet in length, entirely within the lot, and generally parallel to and most distant from the front lot line (refer to Figure 1). 

City of Omer 6 Zoning Ordinance

Figure 1 LOT LINES AND MINIMUM REQUIRED YARDS 

Lot Line, Side is any lot line not a front or rear lot line (refer to Figure 1). 

Marijuana definitions: See below. 

Manufactured Home is a post-1970 residential building, dwelling unit, dwelling room or rooms, or a building component which is designed for long-term residential use and is wholly or substantially constructed at an off-site location, transported to a site, and erected. 

Mobile Home is a pre-1978 structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling when connected to the required utilities, and includes the plumbing, HVAC, and electrical system in the structure. Mobile home does not include a recreational vehicle or motor home. 

Motor Vehicle Sales and/or Repair Facility is any establishment engaged in the sale, rental, or leasing of new or used automobiles, vans, pick-up trucks, recreational vehicles, or travel trailers, or a business performing repairs on such vehicles. 

Motor Vehicle Service Facility is any establishment engaged in the direct retail sale of gasoline or other engine fuels, motor oil or lubricants, performing interior or exterior cleaning, sale of tires, parts or accessories, inspection, lubrication, engine tuning, or repair for automobiles, vans, pick-up trucks, or other motor vehicles. 

Non-Conforming Structure is a structure, or portion thereof, lawfully existing at the time this Ordinance or amendments become effective and fails to meet the minimum requirements of the zoning district in which it is located. 

Non-Conforming Use is the use of a building or of land lawfully existing at the time this Ordinance or any amendments become effective but does not conform with the use regulations of the district in which it is located. 

City of Omer 7 Zoning Ordinance

Off-Site Sign is a sign which advertises or directs attention to products or activities that are not provided on the parcel upon which the sign is located. 

Ordinary High Water Mark is the line between upland and bottom land which persists through successive changes in water levels below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland, and is apparent in the soil itself, the configuration of the surface of the soil, and the vegetation. On an inland lake which has a level established by law it means the high established level. Where water returns to its natural level as the result of the permanent removal or abandonment of a dam, levee, or other water controlling device, it shall be the natural ordinary high water mark. 

Outdoor Recreation Establishment is a facility designed and equipped for the conduct of sports, amusement or leisure activities, and other customary recreational activities outdoors (outside of an enclosed building) and operated as a business and open for use by the public for a fee such as tennis courts, archery ranges, golf courses, miniature golf courses, golf driving ranges, and amusement parks. 

Owner(s) shall mean any combination of persons who have equitable or legal title to a property, the premises, dwelling, or dwelling unit. 

Paved shall mean the same as a gravel, asphalt, or concrete surface. 

Planned Development is an area of a minimum contiguous size, as specified by this Ordinance, developed according to a plan as a single entity to contain one or more structures with appurtenant common areas. 

Principal Use is the main use to which a premises is devoted and the principal purpose for which a premises exists. 

Private Road is any road or thoroughfare for vehicular traffic which is privately owned and maintained and provides the principal means of access to three (3) or more abutting properties. 

Public Road or Street is a public thoroughfare for vehicular traffic which is publicly owned and maintained and provides the principal means of access to abutting properties. 

Public Utility Facilities and Wind Conversion Systems (WECS) definitions: See below. 

Recreational Vehicle is a vehicle designed and intended primarily for recreational use, such as a motor home, camper trailer, boat, snowmobile, off-road and all-terrain vehicle, or similar vehicle or trailer. The term “recreational vehicle” shall not include a motorcycle or motor bike, or other similar means of transportation intended primarily for on-street use. 

Retail Store is any building or structure in which goods, wares, or merchandise are sold to a customer for direct consumption and not for resale. 

Right-of-way is a street, alley or other thoroughfare or easement permanently established for passage of persons or vehicles and under the legal authority of an agency having jurisdiction over the rights-of-way. Public rights-of-way shall meet road commission and/or MDOT requirements; the minimum private road rights-of-way shall be thirty-three (33) feet in width. 

Road refer to definition of “street”. 

Salvage is material saved for future use, recycling, or sale. 

Salvage Yard is any principal or accessory use where salvage or its component parts are bought and sold, exchanged, stored, baled, packed, disassembled, separated, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A “salvage yard” includes automobile wrecking yards and includes any area of more than two hundred (200) square feet for storage, keeping or abandonment of junk (but does not include uses established entirely within enclosed buildings) and shall be screened. 

Screen is a structure such as a fence or wall, providing enclosure and visual barrier between the area enclosed and City of Omer 8 Zoning Ordinance

the adjacent property. 

Seasonal is any use or activity that is not or should not be performed during the entire year. 

Setback is the required minimum horizontal distance between a lot line or other controlling entity and a building, structure, or use line. 

Short Term Rental is the lease or hired use of a residential dwelling for a month or less. 

Sign is an outdoor sign, display, figure, painting, drawing, message, placard, or poster which is designated, intended, or used to advertise or inform. 

Site Condominium Projects are land developments done in accordance with the Condominium Act (Public Act 59 of 1978), as amended. All such developments shall follow the standards and procedures of Section 5.11, Planned Developments, and meet the requirements of the district(s) for which they are intended. 

Solar Energy System definitions: See below. 

State Licensed Residential Facility is a structure that is constructed for residential purposes that is licensed pursuant to Public Act 287 of 1972 or Public Act 116 of 1973 which provides resident services for six (6) or less persons or the Public Act 218 of 1979 regarding Adult Foster Care Group Homes of 12 or less. 

Street is an approved thoroughfare which affords the principal means of access to abutting properties. 

Structure is anything constructed, assembled or erected, the use of which is intended to be permanent or lasting, and requires location on the ground or attachment to something having a location on or in the ground. The word “structure” shall not apply to wires and their supporting poles or frames or electrical or telephone utilities or to service utilities below the ground, or to agricultural fencing. 

Telecommunication Tower or Antenna is any device erected for receiving or transmitting radio, television, or data communication signals excluding satellite dish antennas, television antennas, amateur radio antennas for residential non-commercial use accessory to the residence located on the parcel upon which the equipment is located. 

Uniform Setback is where fifty (50%) percent or more of the frontages of existing structures along a roadway between two (2) intersecting streets maintain the same minimum setback. 

Use is the purpose for which land, or a building (or buildings) is arranged, designed, or intended, or for which land or a building (or buildings) is or may be occupied and used. 

Variance is a modification to the rules or provisions of this Ordinance which may be granted by the Zoning Board of Appeals where there is practical difficulty or a necessary hardship in the way of carrying out the strict regulation of this Ordinance. 

Vehicle is any device in, upon, or by which any person or property is or may be transported or drawn upon any street, highway, excepting devices exclusively moved by human power or used exclusively upon stationary rails or tracks. 

Yard is a space open to the sky and unoccupied or unobstructed, except by structures or uses specifically permitted by this Ordinance. A required yard is measured between the applicable lot line and the nearest foundation line of a building or structure. 

Yard, Front is the yard extending across the full width of the lot, the depth of which is the distance between the front lot line and foundation line of the main building (refer to Figure 1). 

Yard, Rear is the yard extending across the full width of the lot, the depth of which is the distance between the rear lot line and the rear foundation line of the main building (refer to Figure 1). 

Yard, Side is the yard between the foundation line of the main building and the side lot line extending from the front yard to the rear yard (refer to Figure 1). 

City of Omer 9 Zoning Ordinance

MARIJUANA DEFINITIONS 

Adult-use Marijuana Establishment or Establishment is a Marijuana grower, marijuana safety compliance facility, marijuana processor, marijuana microbusiness, marijuana retailer, marijuana secure transporter, marijuana designated consumption establishment, or any other type of marijuana-related business licensed to operate by the marijuana regulatory agency under the Medical Marijuana Facilities Licensing Act (MMFLA), 2016 PA 281, MCL 333.27101 to 33.27801 or the rules of the M.R.A. 

Application Package or Application is an application for a marijuana facility or establishment permit under this ordinance and includes all supplemental documentation attached or required to be attached thereto; the person filing the Application shall be known as the APPLICANT. 

Commercial Medical Marijuana Facility, Marijuana Facility or Facility is an enterprise at a specific location at which a licensee is licensed to operate under the Medical Marijuana Facilities Licensing Act, MCL 333.27101, et seq., including a marijuana grower, marijuana processor, marijuana provisioning center, marijuana secure transporter, or marijuana safety compliance facility. The term does not include or apply to a “primary caregiver” or “caregiver” as that term is defined in the Michigan Medical Marijuana Act, MCL 333.26421, et seq. 

Cultivate means as that term is defined in Initiated Act 1 of 2018, Michigan Taxation of Marijuana Act (“MRTMA”). 

Designated Marijuana Consumption Establishment is a commercial space that is licensed by the Marijuana Regulatory Agency and is authorized to permit adults 21 years of age and older to consume marijuana products at the location indicated on the state license. 

Excess Marijuana Grower is a license issued to a licensee holding 5 class C Marijuana grower licenses and licensed to cultivate marijuana and sell or otherwise transfer marijuana to a processor, provisioning center or retailer. 

Marijuana or Marihuana is a term as defined in the Public Health Code. MCL 333.1101, et seq.; the Medical Marijuana Act, MCL 333.26421, et seq.; the Medical Marijuana Facilities Licensing Act, MCL 333.27101, et seq.; the Marijuana Tracing, MCL 333.27901. et seq.; and the Michigan Regulation and Taxation of Marijuana Act, MCL 333.27951, et seq. For the purpose of this ordinance, the spellings are interchangeable. 

Marijuana Grower is a licensee that is a commercial entity located in this state that cultivates, dries, trims or cures and packages marijuana for sale to a processor, provisioning center or retailer. 

Marijuana Microbusiness is a licensee, in a single location, that is authorized to cultivate not more that 150 plants, process and package marijuana and to sell or transfer to only an individual 21 years of age or older, but not to other marijuana establishments. 

Marijuana Microbusiness, Class A is a licensee, in a single location, that is authorized to cultivate not more that 300 plants, process and package marijuana and to sell or transfer to only an individual 21 years of age or older, but not to other marijuana establishments. 

Marijuana Processor is a licensee that is a commercial entity located in this state that purchases marijuana from a grower and that extracts resin from the marijuana or creates a marijuana-infused product for sale and transfer in packaged form to a provisioning center, retailer, or other processor. 

Marijuana Retailer is a licensee authorized to purchase or transfer marijuana only from a marijuana grower or marijuana processor and sell or transfer to only an individual 21 years of age or older. 

Marijuana Safety Compliance Facility is a licensee that is a commercial entity that receives marijuana from a marijuana facility, establishment, or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marijuana to the marijuana facility, establishment, or registered primary caregiver. 

City of Omer 10 Zoning Ordinance

Marijuana Secure Transporter is a licensee that is a commercial entity located in this state that stores marijuana and transports marijuana between marijuana facilities and/or establishments for a fee. 

Medical Marijuana Facilities Licensing Act or MMFLA is the State of Michigan 2016 PA 281, MCL 333.27101 to 333.27801, which allows for the licensing of medical marijuana facilities. 

Michigan Regulation and Taxation of Marijuana Act or MRTMA is the State of Michigan 2018 Initiated Law 1, MCL 333.27951 to 333.27967, which allows for the licensing of adult-use marijuana establishments. 

Outdoor Grow is growing marijuana in an expanse of open or cleared ground or in a greenhouse, that does not utilize any artificial lighting, including but not limited to electrical lighting sources. 

Permit is an approval issued by the City pursuant to the MMFLA or MRTMA that allows a person to operate a facility or establishment in the City under this Ordinance, which permit may be granted to a Permit Holder only for and limited to a specific Permitted Premises and a specific Permitted Property. 

Permit Holder is the person or legal entity that holds a current and valid Permit issued under this Ordinance. 

Permitted Premises is the particular building or buildings within which the Permit Holder will be authorized to conduct the facility’s or establishment’s activities pursuant to the permit. 

Process or Processing is to separate or otherwise prepare parts of the marijuana plant and to compound, blend, extract, infuse or otherwise make or prepare marijuana concentrate or marijuana-infused products. 

Provisioning Center is a licensee that is a commercial entity located in this state that purchases marijuana from a grower or processor and sells, supplies, or provides marijuana to registered qualifying patients, directly or through the patients’ registered primary caregivers. 

Registered Primary Caregiver is a primary caregiver who has been issued a current registry identification card under the Michigan Medical Marijuana Act, MCL 333.26423. 

Registered Qualifying Patient is a qualifying patient who has been issued a current registry identification card under the Michigan medical marijuana act or a visiting qualifying patient as that term is defined in section 3 of the Michigan Medical Marijuana Act, MCL 333.26423. 

Special Approval is, for the purpose of this ordinance, the same as “Special Land Use Permit” and vice versa. 

Temporary Marijuana Event is a state license held by a marijuana event organizer for an event where the onsite sale or consumption of marijuana products, or both are authorized at the location indicated on the state license during the dates indicated on the state license. 

PUBLIC UTILITY FACILITIES AND WIND ENERGY CONVERSION SYSTEMS DEFINITIONS 

Participating Landowner A landowner who has leased land to the WECS Applicant, 

received financial remuneration from the WECS Applicant, recorded with the Arenac County Register of Deeds said agreement, and has a contract with the WECS Applicant. A Participating Landowner may also be called a WECS contract leaseholder. A Participating Landowner may or may not have turbines or infrastructure located on his or her property. 

Non-Participating Landowner A landowner who has not signed a contract or any legal document with the WECS Applicant and has not given up rights to his or her owned land to the WECS Applicant. 

SCADA (supervisory control and data acquisition) A computer system that monitors and controls WECS units. dBA The A-weighted sound level. 

City of Omer 11 Zoning Ordinance

dBC The C-weighted sound level. 

Pasquill Stability Class Reference, wikipedia.org “Outline of air pollution dispersion”. 

Adverse Sound Character Sound that causes building rattle, is impulsive, tonal, or has low-frequency bass rumble. 

ANSI the American National Standards Institute. 

Audible The varying degrees of sound perception as reported by affidavit, including, but not limited to, just perceptible, audible, clearly audible, and objectionable. 

Decibel (dB) The practical unit of measurement for sound pressure level; the number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 microPascals); abbreviated "dB." 

Emergency work Any work or action necessary to deliver essential services in an emergency situation, including, but not limited to, repairing water, gas, electricity, telephone and sewer facilities and public transportation, removing fallen trees on public rights-of-way, and abating life-threatening conditions. 

Equivalent Sound Level (or Leq) The sound level measured in decibels with an integrating sound level meter and averaged on an energy basis over a specific duration. 

Excessive noise Sound that is determined by ordinance to be too loud or unnecessary or creates a noise disturbance. 

Ambient Ambient is defined as the sound pressure level exceeded 90% of the time over a 96-hour measurement period with daytime/nighttime division. 

Noise A sound, especially one that is loud or unpleasant or that causes disturbance. Any airborne sounds of such level and duration as to be or tend to be injurious to human health or welfare (well-being) or that would unreasonably interfere with activities or the enjoyment of life or property. 

Quiet Rural or Residential property Any property where there is an inherent expectation of quiet, including, but not limited to, residences, businesses, single family homes, and retirement homes. 

Sound level meter An instrument for the measurement of sound levels that meets the ANSI requirements of S1.4-1983 (or later revision) for Type 1 or 2 instruments. For frequency analysis, octave and 1/3 octave filters shall conform to ANSI S1.11-1986 (or later revision). 

GIS: Geographic Information System and is comparable to GPS (global positioning system) coordinates. 

Survival Wind Speed The maximum wind speed, as designated by the WECS manufacturer, at which a WECS in unattended operation (not necessarily producing power) is designed to survive without damage to any structural equipment or loss of the ability to function normally. 

Tip Height The height of the turbine with a blade at the highest vertical point. 

Wind Energy Conversion System (WECS) Any combination of the following: 

(a) A mill or machine operated by wind acting on oblique vanes or sails that radiate from a horizontal shaft; 

(b) A surface area such as a blade, rotor, or similar device, either variable or fixed, for utilizing the wind for electrical or mechanical power; 

(c) A shaft, gearing, belt, or coupling utilized to convert the rotation of the surface area into a form suitable for driving a generator, alternator, or other electricity-producing device; 

City of Omer 12 Zoning Ordinance

(d) The generator, alternator, or another device to convert the mechanical energy of the surface area into electrical energy; 

(e) The tower, pylon, or other structure upon which any, all, or some combination of the above are mounted. 

(f) Any other components not listed above but associated with the normal construction, operation, and maintenance of a wind energy conversion system. 

WECS Applicant The person, firm, corporation, company, limited liability corporation or other entity, as well as the Applicant’s successors, assigns and/or transferees, which applies for City approval (permit) to construct a WECS and WECS Testing Facility. An Applicant must have the legal authority to represent and bind the Participating Landowner, or lessee, who will construct, own, and operate the WECS or Testing Facility. The duties and obligations regarding a zoning approval for any approved WECS or Testing Facility shall be with the WECS or Testing Facility owner, and jointly and severally with the owner, operator, and lessee of the WECS or Testing Facility if different than the WECS owner. 

Wind Energy Conversion System (WECS) Testing Facility A structure and equipment such as a meteorological tower for the collection of wind data and other meteorological data and transmission to a collection source, shall not be deemed to be a communication tower. 

L10 Is the noise level exceeded for 10% of the time of the measurement duration. This is often used to give an indication of the upper limit of fluctuating noise, such as that from road traffic. 

L90 Is the noise level exceeded for 90% of the time of the measurement duration and is commonly used to determine ambient or background noise level. 

SOLAR ENERGY SYSTEM (SES) DEFINITIONS 

Abandonment is to give up, discontinue, or withdraw from. Any solar farm that ceases to produce energy on a continuous basis for 12 months will be considered abandoned. 

Decommissioning Plan is a document that details the planned shut down or removal of a solar farm from operation or usage, including abandonment as defined in this ordinance. 

Fence is a continuous barrier extending from the surface of the ground to a uniform height (to be established through the special use permit process), constructed of steel, or other metal, or any substance of a similar nature and strength. 

Medium Voltage Cable are electric lines which provide electricity to homes. 

Photovoltaics is a technology that converts light directly into electricity. 

Power Switchyard is the structure needed to tie the solar energy facility to electric transmission lines. 

Small, Proprietor Solar Panel Installation is a solar panel or panels installed for use primarily by a residence or business to produce solar or photo electric power on a single parcel. 

Solar Array is a photovoltaic panel, solar thermal collector, or collection of panels or collectors in a solar energy system that collects solar radiation. 

Solar Energy System (SES) (Solar Farm) is land designated or used for the purpose of producing solar or photovoltaic electricity, which includes, but is not limited to, the use of solar panels or other solar energy systems. The power generated is sold or transferred to electric companies or other third parties for distribution through a power grid. A solar farm is comprised of solar panels, photovoltaic cells, or similar facilities that occupy five acres or more. 

City of Omer 13 Zoning Ordinance

CHAPTER 3 NON-CONFORMITIES 

SECTION 3.1 INTENT AND PURPOSE 

It is the intent of this Chapter to provide for the use of lands, buildings, and structures which were lawfully established prior to the effective date of this Ordinance to continue, even though the use may be prohibited or differently regulated under the terms of this Ordinance. Such non-conforming lots, uses of land, structures, and uses of structures are declared by this Ordinance to be incompatible with permitted conforming uses, buildings, and structures. In order to adequately regulate the conflicts between conforming and non-conforming uses, buildings, and structures, the regulations that follow are enacted. 

SECTION 3.2 NON-CONFORMING LOTS 

Any residential lot or parcel created and recorded prior to the effective date of this Ordinance may be used for district purposes even though the lot does not comply with the dimensional requirements of this Ordinance providing the Lot or parcel meets the requirements of Section 4.4 Substandard Lots. Refer to Chapter 4 General Provisions. 

SECTION 3.3 NON-CONFORMING USES OF LAND 

Where, at the effective date of adoption or amendment of this Ordinance, a lawful use on a parcel of land exists that becomes non-conforming under the terms of this Ordinance, such use may be continued, so long as it remains otherwise lawful. 

SECTION 3.4 NON-CONFORMING STRUCTURES 

Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restriction of area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions (refer to Figure 2): 

A. No such structure may be enlarged or altered in a way which increases its non-conformity. B. Any such structure destroyed by fire or an act of God may be reconstructed, but as nearly conforming with the provisions of this Ordinance as possible. 

C. Should such structures be moved for any reason for any distance whatever, it shall hereafter conform to the regulations for the area into which it is located. 

NON-CONFORMING STRUCTURES 

Figure 2 

Proposed addition “A” not permissible unless authorized by variance as it increases non-conformity. Proposed addition “B” permissible without variance as it does not increase non-conformity. 

The City of Omer 14 Zoning Ordinance

SECTION 3.5 REPAIR AND REPLACEMENT OF NON-CONFORMING STRUCTURES 

On any building devoted in whole or in part to any non-conforming use, ordinary maintenance may be done. Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. 

SECTION 3.6 CHANGE OF TENANCY OR OWNERSHIP 

There may be change of tenancy, ownership or management of any existing non-conforming use of land, structure, or premises provided there is no change in the nature of the character of such non-conforming use that would be at variance with the provisions of this Chapter and Ordinance. 

SECTION 3.7 ABANDONMENT OF NON-CONFORMING USES AND STRUCTURES 

A. If for any reason a non-conforming use is abandoned or discontinued for a period greater than 365 consecutive days, the use shall not be allowed to be re-established, and any subsequent use shall conform to all the requirements and provisions of this Ordinance. Under extraordinary circumstances, a petition may be made to the Zoning Board of Appeals to extend the period of disuse or to re-establish the non-conforming use. 

B. If for any reason the use of a non-conforming structure ceases to exist or is discontinued for a period of more than 365 consecutive days, no use shall be allowed to occupy the structure, unless authorized by the Zoning Board of Appeals. 

The City of Omer 15 Zoning Ordinance

CHAPTER 4 GENERAL PROVISIONS 

SECTION 4.1 INTENT AND PURPOSE 

In addition to the development and performance requirements set forth in Chapter 5, other standards and requirements are necessary to ensure that the development of land occurs in an efficient and orderly manner. It is the intent of this Chapter to set forth provisions that will regulate the uses allowed in all districts. 

SECTION 4.2 ACCESSORY BUILDINGS 

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

A. Where an accessory building is structurally attached to a main building, except where otherwise noted, it shall be subject to and must conform with all regulations applicable to the main building. B. Accessory buildings shall not be erected in any required front yard. 

SECTION 4.3 LOT ALLOCATION 

No portion of any lot or parcel used once to comply with the provisions of this Ordinance for yards, lot area, or any other requirement herein, shall be used a second time to satisfy said requirements for any other structure or building. 

SECTION 4.4 SUBSTANDARD LOTS 

Any lot or parcel created and recorded prior to the effective date of this Ordinance may be used for district purposes even though the lot does not comply with the dimensional requirements of this Ordinance, provided: 

A. That the lot or parcel complies with Section 4.3 of this Chapter. 

B. That a proposed building, structure, or use for the lot satisfies the yard requirements set forth in Chapter 5 of this Ordinance to the greatest extent possible. 

C. That the requirements set forth in Section 4.15 of this Chapter are fulfilled. 

SECTION 4.5 CORNER CLEARANCE 

No fence, wall, shrubbery, crops, signs, or other visual obstruction shall be permitted above a height of thirty-six (36) inches within a triangular area formed by the intersection of any street or road right-of-way lines at a distance along each such line of twenty (20) feet from their point of intersection. 

SECTION 4.6 NUMBER OF DWELLING UNITS PER LOT 

Unless otherwise permitted by this Ordinance, only one (1) dwelling unit shall be constructed or placed on one lot meeting the minimum lot area requirements set forth in Chapter 5. In the case of condominium developments, unit area and limited common areas may be used to satisfy lot area requirements; general common areas shall not be applied toward satisfying minimum lot area requirements. 

SECTION 4.7 MISCELLANEOUS STORAGE 

No accumulation of possessions, goods, or effects on a parcel that would affect the attractiveness and/or the value of neighboring parcels shall be allowed. Storage of any goods shall be in rear yards or shall be contained either within a structure or behind fencing or opaque screening that hides them from public view. 

SECTION 4.8 ESSENTIAL SERVICES 

Essential service transmission lines such as electric, telephone, gas or other similar utilities, are permitted in all districts, provided, that the services are authorized, regulated, and in compliance with all other applicable laws, ordinances and regulations. Buildings accessory to such services, however, are subject to the requirements set forth in this Ordinance. Telecommunication towers and antennas are not essential services (see Section 4.11); nor are Wind Energy Conversion Systems or Solar Energy Systems. 

The City of Omer 16 Zoning Ordinance

SECTION 4.9 FENCES, WALLS AND SCREENS 

Fences, walls, or screens are permitted in all yards, but shall be subject to sight distance requirements at drives and roadways. Any fence or wall over six (6) feet in height shall require a Special Use Permit. No Fence, Wall, Screen or Structure shall be permitted in a manner that would adversely affect the view of the river from a dwelling located on adjoining property on either side of the property. 

SECTION 4.10 PORCHES AND DECKS 

Open, unenclosed porches and decks without foundations, or paved terraces may project into a required rear, side or front yard provided that the porch, deck or terrace is located no closer than ten (10) feet from any lot line. 

SECTION 4.11 SATELLITE DISH ANTENNAS, TELECOMMUNICATION TOWERS AND ANTENNAS, AND SIMILAR STRUCTURES 

A. Satellite dish antennas, television antennas, amateur radio antennas, and other structures similar in size, shape and function are permitted in all zoning districts subject to the following: 

1. All satellite dish antenna, television antenna, amateur radio antennas and other similar structures shall be subject to the following setback requirements: 

a. All satellite dishes shall be located no closer than ten (10) feet from any side or rear lot lines. 

b. All antennas and antenna towers shall be located no closer than the height of the tower from any lot line. 

c. Satellite dishes, antennas, and similar structures shall not be placed or constructed in any required front yard unless there is no other placement suitable for acceptable reception. 

d. Satellite dishes may be placed or mounted on poles, however, they shall be subject to building height limitations. 

B. Telecommunication towers and antennas shall be subject to the regulations of the districts in which they are allowed in addition to the following: 

1. All towers, tower structures, poles for holding telecommunication antennas, and other like structures require zoning and building permits. 

2. All towers and antennas must meet applicable state and federal regulations. 

3. All towers shall be designed to accommodate co-location of antennas by additional users. 4. Tower height shall be limited to 199 feet. 

5. No tower shall be closer to any boundary of the lot on which it is sited than its height. 6. Towers shall be separated from one another in accordance with the following table: 
 

Lattice Guyed Monopole Greater Than 75 Ft in Height Monopole Less Than 75 Ft in Height  

Lattice 5000 5000 1500 750 Guyed 5000 5000 1500 750 Monopole Greater Than 

75 Ft in Height 1500 1500 1500 750 Monopole Less Than 75 Ft in Height750 750 750 750 

7. Towers shall be of galvanized steel or be painted to blend with the surrounding environment. 8. No advertising or signage of any kind shall be attached to a tower or its appurtenant structures. 9. No lighting of any kind shall be allowed on or to illuminate a tower or its appurtenant structures except that required by FAA requirements. 

10. Plantings and fencing are required to screen a tower and its appurtenant structures from public view as much as possible. Native trees and other vegetation may be retained on site and landscaping installed to achieve this objective. 

11. An applicant for the installation of a telecommunication tower shall provide the City a statement The City of Omer 17 Zoning Ordinance

explaining the necessity for such a proposed tower. 

12. The owner of any tower installed in the City shall provide a Certificate of Insurance listing The City of Omer as an additional insured party. 

13. The City may require the owner of any tower installed in the City to provide a bond or performance guarantee that will ensure the removal of its tower and all appurtenance structures and equipment if its use shall be discontinued for more than 365 consecutive days. 

14. The City may retain a qualified expert to aid in its review of an applicant’s request; the expense of this review shall be borne by the applicant. 

SECTION 4.12 ROAD ACCESS REQUIREMENTS 

A. Every lot shall have access to a public road by either abutting a public road or access by way of private road and/or driveway to a public road. 

B. Driveways providing access to two (2) dwellings shall allow for unobstructed passage for a minimum width of thirty-three (33) feet. 

SECTION 4.13 PRIVATE ROAD STANDARDS 

Landowners installing a private roadway for three (3) or more dwellings shall meet the following standards: 

A. Road construction details shall be provided as part of a site plan review in accordance with the requirements of Chapter 9 Development Site Plan Review. Review and approval of a private road will be based upon at minimum: 

1. The number of parcels to be served; 

2. How the proposed road will fit into the thoroughfare system of the City and county; 3. The topography and design of the development. 

The City may hire or require an analysis by a qualified engineer or other traffic expert at the applicant’s expense to aid in its review. If reasonable standards for road design and construction cannot be agreed upon, Arenac County standards for subdivision plat development shall be required. 

B. The edge of the travel way or paved portion of the road shall be a minimum of six (6) feet from the property boundary unless it is a shared driveway. The City Council may require a greater distance if surrounding uses indicate a greater distance necessary to separate existing or future incompatible uses. 

C. All dead end roads shall terminate in a cul-de-sac with at least a forty-eight (48) foot radius or a T-shaped or hammer-head turn-around sufficient for emergency vehicle turn-around. 

D. Roads shall be named and names shall be approved by the County Road Commission and County Emergency Management Authority. Road signs shall be installed and maintained. Where stop signs or other traffic regulations signs are indicated, they shall conform to uniform traffic sign size, shape, color and installation. 

E. The City may require installation of a private road, and the posting of a sufficient bond for construction thereof, before zoning or building permits are issued. 

F. As-built drawings of installed roads certified by a registered engineer shall be supplied to the City upon completion of road construction. 

G. A copy of the maintenance agreement providing for safe travel on the road at all times, which shall be a deed-recorded covenant for all parcels to be served by a private road, shall be provided to the City. H. Landowners creating private roads shall provide the City with a recorded easement, master deed, or plat containing the said private road(s) and an affidavit that: 

1. the road(s) to be constructed shall never become public roads, unless brought to the Arenac County Road Commission standards in effect at the time of application and are accepted by the Road Commission, and 

2. that these landowners shall indemnify and hold harmless the City and its representatives from any and all claims for personal injury or property damage arising from the use of the private road(s). This recorded affidavit shall become a deed restriction of all parcels to which the proposed road will provide access and shall be disclosed at the time of sale or transfer of any parcel. 

SECTION 4.14 TEMPORARY OUTDOOR EVENT USES 

Temporary outdoor event uses may be permitted in any zoning district provided that the temporary use is similar in The City of Omer 18 Zoning Ordinance

nature to those uses that are allowed by right in the district. Any others require a review by the City Council and may require an approved site plan at the Commission’s discretion in accordance with Chapter 9. 

A zoning permit identifying the location, sponsoring group or individual, and the beginning and ending dates of the use must be obtained from the Zoning Administrator by an event sponsor. The Zoning Administrator shall determine the off-street parking requirements for the event. 

SECTION 4.15 PERMITS 

A. No construction activity requiring a building or grading permit shall commence until a zoning permit and building or grading permit has been issued. 

B. Any building permit issued prior to the effective date of this Ordinance shall be valid, even though not conforming to the provisions of this Ordinance, provided that construction is commenced within one year after the date the permit was issued. 

SECTION 4.16 REQUIRED WATER SUPPLY AND SANITARY SEWERAGE FACILITIES 

No structure shall be erected, altered, or moved upon any parcel for use as a dwelling, office, business, industry or public facility unless it is provided with a safe, sanitary and potable water supply and with a safe and effective means of collection, treatment, and disposal of human, domestic, commercial, or industrial waste. All such installations and facilities shall conform with the requirements of the District Health Department and applicable state agencies and all applicable permits authorizing said facilities shall be obtained. The owner or applicant for any zoning permit shall demonstrate the availability of potable water and public sewer connections or adequate space for septic fields with appropriate reserve areas and setbacks specific to site conditions. In no case shall a septic field be closer than ten (10) feet to a lot line. 

SECTION 4.17 CORNER LOTS 

Lots or parcels which have frontage on two (2) or more streets shall be subject to the following (refer to Figure 3): 

A. All yards having frontage on a street shall be considered front yards for the purposes of satisfying dimensional requirements. 

B. The lot or parcel owner shall designate which yard shall be considered the front yard for the purposes of establishing the rear and side yards. 

Figure 3 CORNER LOTS 

SECTION 4.18 LANDSCAPING, SCREENING, BUFFERS, AND FENCING 

A. The intent of this Section is to promote the public health, safety, and general welfare by: The City of Omer 19 Zoning Ordinance

1. Minimizing the nuisances that new development may cause, including additional noise, air and water pollution, and the destruction of scenic views. 

2. Improving the appearance of off-street parking and other vehicular use areas. 

3. Requiring buffering between incompatible land uses. 

4. Regulating the appearance of property abutting the public rights-of-way. 

5. Protecting and preserving the appearance, character and value of the community and its neighborhoods. 

6. Preventing soil erosion and soil depletion. 

7. Promoting soil water absorption. 

Sizes and amounts of landscaping and plant types shall be dependent upon what is already present in the area and landscaping needs of the specific site. Generally, landscaping shall at least equal surrounding landscaping in newer areas and tend toward upgrading older areas. Landscaping needs will be determined by using the standards set forth in this Section, and other applicable sections of this Ordinance, but plantings covering a minimum of twenty (20%) percent of any site shall be used as a guideline. 

B. The following standards shall be followed: 

1. Additional landscaping shall be added to the retained natural landscape features to reduce the apparent mass and height of buildings, to break expanses of paving visually, to reduce the visibility of paved areas from adjacent roadways and properties, and to provide an attractive appearance from both within and without the site. 

2. Except in densely developed areas where more exacting conditions may require selection of more specific and hardy species, plant materials shall be used that complement the natural landscape. Minimum required plant material sizes shall be as follows: evergreen trees, six (6) feet in height; deciduous trees, two (2) inch caliper; shrubs, three (3) gallon pot or 18-24" in height and width. 3. Ground cover shall be primarily of living materials. 

4. Areas that are intended to be planted shall be provided with a minimum depth of topsoil of four (4) inches and mulched appropriately. 

5. All plantings shall be maintained in a vigorous, healthy, and weed-free state. Any dead or diseased plants shall be removed and replaced. 

C. The City may retain a qualified expert to aid in reviewing landscaping requirements. The expense of a review shall be borne by the applicant. 

SECTION 4.19 SUBDIVISIONS, LAND DIVISIONS, AND SITE CONDOMINIUM DEVELOPMENTS 

Subdivisions, land divisions, and site condominium developments are reviewed and permitted as Planned Developments in any district where planned developments are allowed subject to the standards and conditions of Section 5.9 of this Ordinance. 

SECTION 4.20 MOBILE HOME SITUATED OUTSIDE A PARK REGULATED BY THE MICHIGAN MANUFACTURED HOUSING COMMISSION AND MANUFACTURED HOMES 

A. No mobile home or manufactured home shall be located within the City of Omer unless the mobile home or manufactured home: 

1. complies with U.S. Department of Housing and Urban Development standards or current City and/or county building codes; and, if not a new structure, 

2. the dwelling or structure has been examined and passed inspection by a licensed home or building inspector. A bonafide inspection certification shall be provided before a zoning permit is issued; 

3. meets all other requirements as set forth in this ordinance for dwellings or structures. SECTION 4.21 COMMERCIAL CARGO CONTAINERS 

A. A Commercial Cargo Containers may be used for storage as an accessory structure in all districts, where not otherwise prohibited, subject to development site plan approval and a zoning permit. B. Generally, one (1) container is allowed for storage on a parcel up to three acres; two (2) containers on a parcel of 3 to 5 acres; six (6) or more acres a maximum of four (4) containers. 

The City of Omer 20 Zoning Ordinance
 

C. A cargo container may be used for another purpose other than individual storage and will follow the regulations for that use, e.g., a workshop, living quarters, a multiunit storage facility. 

D. General Standards 

1. All containers shall be free of damage and/or severe rust and shall not have exposed bare metal. Containers shall be maintained to remain in said condition. 

2. Containers shall not display advertising, company names, logos, or other markings. SECTION 4.22 SMALL, PROPRIETOR SOLAR PANEL INSTALLATIONS 

Small principal-use solar energy systems shall be allowed in all districts subject to Development Site Plan Review. These systems are generally roof or ground mounted. Installations are subject to the following requirements: 

A. Ground mounted panels are limited to 20’ in height. 

B. The installations shall follow district setbacks. 

SECTION 4.23 KEEPING OF ANIMALS 

A. Livestock, animals, or fowl, other than customary household pets, are allowed in all districts. The parcel size required is one and one half (1 ½) acres for large animals, and one half ( ½ ) acre for small animals or fowl. Any structure housing livestock, animals, or fowl, other than customary household pets shall be at least ten (10) feet from any lot line. Roosters are not allowed on lots smaller than one acre. 

B. The keeping of more than four (4) dogs, six (6) months or older, may be permitted on any lot provided all of the following conditions are met. 

1. The size of the lot in question is at least three (3) acres. 

2. The animals are housed at least fifty (50) feet from any adjoining property line. 3. A kennel permit is obtained from the office of Arenac County Animal Control. C. Predatory animals shall not be kept as pets in any district. 

D. Animals shall be licensed according to County and State regulations. 

SECTION 4.24 ZONING OF ANNEXED AREAS 

Whenever any area is annexed to the City, the following rule shall apply: 

Land zoned prior to any annexation to the City shall be zoned to a like or most nearly similar use district upon annexation, provided such zoning is in harmony with the City’s adopted Master Plan. 

SECTION 4.25 RECREATIONAL VEHICLES/EQUIPMENT PARKING AND STORAGE 

The off-street parking or storage of any motorhome or recreation equipment in any residential district shall be subject to the following conditions: 

1. Recreational equipment may be stored in any front yard, rear yard or interior side yard subject to the setback requirements for the Zoning District and applicable conditions of the section regarding Accessory Buildings, with respect to height and yard coverage. Any recreational vehicle or equipment so parked or stored shall not be connected to sanitary facilities or water and shall not be occupied as a permanent dwelling. 

2. Recreational equipment may be parked anywhere on a residential premise not to exceed seventy-two (72) hours during loading or unloading. 

3. Recreational equipment parked or stored on residential premises shall be kept in good repair and carry a current license plate and/or registration. 

4. Camping is permitted in all Zoning Districts subject to the regulations for each district. The City of Omer 21 Zoning Ordinance
 

CHAPTER 5 DISTRICT REGULATIONS 

SECTION 5.1 INTENT AND PURPOSE 

For the purposes of this Ordinance, all land within the City of Omer, excepting the roadways and alleys, is divided into the following Zoning Districts: 

AR Agricultural / Rural Residential District 

RV River Residential 

MX Mixed Use District 

For the specific regulations and requirements of each of the districts listed above, refer to Sections 5.5 – 5.7. Section 5.9 allows for and regulates Planned Developments (PD) within the above districts. 

SECTION 5.2 OFFICIAL ZONING MAP 

The boundaries of zoning districts are defined and established as shown on a map entitled the City of Omer Zoning Map. This map, with all explanatory matter thereon, is hereby made a part of this Ordinance. The official Zoning Map shall be kept by the City Clerk and shall be maintained by the Zoning Administrator. 

SECTION 5.3 INTERPRETATION OF BOUNDARIES 

Where uncertainty exists with respect to the boundaries of any of the districts indicated on the official Zoning Map, the following rules shall apply: 

A. Boundaries shown following streets or highways shall be presumed to follow the centerline of these roadways. 

B. Boundaries shown approximately following City boundary lines or property lines shall be presumed to follow these lines. 

C. Boundaries shown approximately parallel to the centerline of streets or alleys shall be interpreted as being parallel thereto and at such a distance therefrom as indicated by given distance or scaled dimension. 

SECTION 5.4 CLASSIFICATION OF USES NOT LISTED 

The Zoning Board of Appeals shall have the power to classify a use which is not specifically addressed by this Ordinance, as described in Chapter 11. Said use shall be treated in a like manner with comparable uses, as determined by the Zoning Board of Appeals, and regulated in accordance with the District Regulations found in the appropriate Zoning District. 

SECTION 5.5 AGRICULTURAL / RURAL RESIDENTIAL DISTRICT ( AR ) 

The purpose and intent of the Agricultural / Rural Residential District is to provide areas for commercial agricultural and farming operations, as well as residences and residential uses. This district is established to conserve and protect agricultural lands as an ecologically and economically valued resource by preventing the encroachment of urban land uses in predominantly agricultural areas where geographic and social conditions favor continued agricultural production. A range of farming activities shall be permitted in this zone in order to foster the continuation of agriculture in the City. 

SECTION 5.5.1 PERMITTED PRINCIPAL USES 

In the Agricultural / Rural Residential District, no building, structure, land or water use shall be permitted except for one or more of the following: 

A. All historically practiced general agricultural uses. (Large scale livestock enterprises see “Conditional Uses.”) 

B. Farm dwellings, accessory buildings, farm labor housing: 

1. More than one farm dwelling shall not be permitted unless evidence is provided that shows that The City of Omer 22 Zoning Ordinance

the additional farm dwelling is necessary for the operation of the commercial farm. In making the determination whether the additional farm dwelling is necessary for the farm operation, the Zoning Administrator shall take into consideration whether any non-farm dwellings already exist on the farm that may be used for that purpose. Migrant housing shall be allowed in accordance with state regulations. 

2. A dwelling may be considered to be in conjunction with farm use or the propagation or harvesting of a forest product when located on a lot or parcel that is managed as part of a farm operation or woodlot. A separate parcel one (1) acre or larger must be created for a new dwelling unit. 

3. Farm dwellings in addition to the principal dwelling shall be located to minimize adverse effects upon productive areas for farm crops and livestock. 

C. Single-family dwellings. 

D. Churches and other religious institutions. 

E. Home Occupations (see Section 5.5.5). 

F. Planned Developments (see Section 5.11). 

G. Camping from March 1st through Labor Day Weekend and up to two weeks the remainder of the year. H. State licensed residential facilities and family child care homes. 

SECTION 5.5.2 CONDITIONAL USES 

A. The following uses are permitted in this district upon securing a Special Use Permit and upon Development Site Plan Review approval in accordance with Chapters 8 and 9 and are subject to lot, building and other requirements of Section 5.5. The necessary conditions for approval of any of these uses shall be a demonstrated need for the use and the placement of the facility in a manner which least affects the productive agricultural land of the site or surrounding properties: 

Large scale livestock enterprises. 

Agricultural research and development facilities, public and private. 

Agricultural businesses. 

Adult foster care homes. 

Schools and day care operations. 

Bed and breakfast establishments. 

Inns, Boarding or Lodging Houses 

Slaughter houses. 

Salvage yards. 

Sand & gravel mining operations. 

Riding stables. 

Kennels. 

Lodges & Clubs. 

Cemeteries. 

Public or private outdoor recreation or park facilities. 

Public service buildings 

Sawmills and other forestry related businesses. 

Small contractors and builders establishments. 

Telecommunication towers and antennas (see Section 4.11). 

Two-family dwellings. 

Outdoor Advertising Structures (see Chapter 7). 

Short Term Rentals 

Public Utility Facilities and Wind Conversion Systems (see Chapter 8). 

Solar Energy Systems (see Chapter 8). 

Marijuana Uses: 

Medical Marijuana Growers: Classes A, B, & C. 

Marijuana Grower Establishment: Classes A, B, & C. 

1. Medical Marijuana Growers and Marijuana Grower Establishments shall be subject to the following conditions and standards: 

a. Only the entity named on the permit may grow at a Medical Marijuana Grow Facility or Marijuana Grow Establishment. 

b. Light cast by light fixtures inside any building used for Marijuana cultivation or production shall not be visible outside the building from dusk to dawn the following day. 

The City of Omer 23 Zoning Ordinance

c. All necessary building, electrical, plumbing, and mechanical permits must be obtained for any part of the Permitted Premises in which electrical, wiring, lighting or watering devices that support the cultivation, growing, harvesting or testing of Marijuana are located. 

d. The permit holder, owner and operator of the Facility shall use lawful methods in controlling waste or by-products from any activities allowed under the License or 

Permit. 

e. A Marijuana Grower pursuant to the MRTMA, may operate from a location shared with a Marijuana Facility operating pursuant to the MMFLA and the rules of the 

Department. (see Chapter 8) 

B. A roadside stand for the sale of agricultural products, provided that: 

1. Adequate parking and maneuvering areas are provided to ensure safe vehicle ingress and egress and pedestrian movement within the site. 

2. The products sold at any stand are mainly grown or produced on the premises. 

C. A temporary house trailer or an approved detached accessory structure for the living purposes of an elderly or infirm family member, provided that: 

1. The trailer or structure will be connected to a water and septic system approved by the County Health Department; and, 

2. Will be anchored securely and properly and will follow all other applicable City, county, state, and federal regulations. 

3. The trailer house will be removed within eighteen (18) months or as soon as the original reason for the temporary dwelling has ceased, whichever comes first; 

4. The Zoning Administrator may in extraordinary circumstances extend the zoning permit for this use for one year. 

5. A temporary permit for 180 days may be granted by the zoning administrator for the location and occupancy of a temporary house trailer or recreational vehicle for living purposes during the construction of a permanent dwelling on the same lot provided that: 

1) The house trailer or recreational vehicle will be removed within 180 days or as soon as an occupancy permit is issued, whichever comes first. 

2) The zoning administrator may, in extraordinary circumstances, extend the permit for this use to one year. 

3) The trailer or structure will be connected to a water and septic system approved by the County Health Department 

SECTION 5.5.3 DEVELOPMENT STANDARDS 

A. Minimum farm parcel size: Ten (10) acres, or as specified in a project for which a Special Use Permit has been secured. Commercial or other Farm Buildings non-farm Structures Minimum frontage 330 feet 330 feet 

Minimum front setback 50 feet 50 feet from road R.O.W. Minimum side setback 50 feet 50 feet Minimum rear setback 50 feet 50 feet Maximum height 95 feet 40 feet 

B. Residential development shall be permitted within these areas by designing a Planned Development in accordance with Section 5.9 of this Ordinance, with an underlying allowable dwelling unit density of one (1) dwelling unit per one acre and a minimum of sixty-five (65%) percent permanently preserved unbuilt open space. Minimum project area twenty (20) acres. 

C. Metes-and-Bounds or platted lots for residential uses on non-productive farmland shall meet the following standards: Minimum parcel size 1 acre 

The City of Omer 24 Zoning Ordinance Minimum frontage 100 feet Minimum front setback 50 feet from road R.O.W. Minimum side setback 10 feet Minimum rear setback 10 feet Maximum height 35 feet 

Flag lots may be created by City Council action: driveway leg must have a minimum access of thirty-three (33) foot frontage on a public road. 

The City of Omer 25 Zoning Ordinance

SECTION 5.5.4 PERFORMANCE STANDARDS 

A. Farming and approved ancillary activities shall be carried out conscious of neighboring uses. Wherever feasible and justifiable, buffers of hedgerows, tree lots or other barriers should be maintained between different districts and uses to minimize conflicts. Michigan Department of Agriculture “Generally Accepted Management Practices” (GAMPS) shall be used to determine whether a new use may be sited as proposed. Setbacks prescribed in the GAMPS shall be used to assess the distances needed by a new use from existing residences and other uses. 

B. Variances for farm lot size may be granted by the Zoning Board of Appeals if applicant can prove the desired agricultural operation is a bonafide commercial agricultural operation. 

C. To the greatest degree practicable, land divisions, including single lot splits, must be designed to protect and preserve natural resources, productive farmland, and the culture and character of the area. D. Within all setbacks, landscape plantings shall be required by residential uses to buffer them from adjacent agricultural, or potential agricultural operations, and to retain the rural character of the area. 

SECTION 5.5.5 ACCESSORY STRUCTURES AND USES 

Any use or structure customarily incidental to a permitted principal use not otherwise regulated by this Ordinance is allowed by right. Accessory structures shall generally be located in side or rear yards. Accessory structures may be used for home occupations as prescribed by this Ordinance and shall meet all District Health Department regulations. 

Commercial Cargo Containers (see Section 4.21) 

Secondary Dwellings (see Section 5.5.2 C) 

Small, Proprietor Solar Panel Installations (see Section 4.22) 

SECTION 5.5.6 MISCELLANEOUS REGULATIONS 

The keeping of horses, ponies and other livestock is allowed on residential parcels of two (2) acres or larger within this district. No manure piles or other similar debris shall be kept within fifty (50) feet of any lot line. 

General Provisions as permitted in Chapter 4. 

Parking as permitted in Chapter 6. 

Signs as permitted in Chapter 7. 

The City of Omer 26 Zoning Ordinance

SECTION 5.6 RIVER RESIDENTIAL ( RV ) 

The purpose and intent of this district is to allow for a range of uses appropriate for properties abutting the Rifle River while ensuring that the river is protected and allowed uses are compatible with neighboring properties uses. 

SECTION 5.6.1 PERMITTED PRINCIPAL USES 

Camping from March 1st through Labor Day Weekend and up to two weeks the remainder of the year. Home Occupations. 

Single family dwellings. 

State licensed residential facilities & family childcare homes. 

Planned developments (Section 5.9). 

Agricultural Operations. 

SECTION 5.6.2 CONDITIONAL USES 

A. The following uses are permitted upon securing a Special Use Permit and upon Development Site Plan Review approval in accordance with Chapters 8 and 9. Also see Section 4.17 for Landscaping Standards. 

Lodges and clubs. 

Bed and breakfast establishments. 

Outdoor recreation establishments; parks. 

Adult foster care homes. 

Short Term Rentals. 

B. A temporary house trailer or an approved detached accessory structure for the living purposes of an elderly or infirm family member, provided that: 

1. The trailer or structure will be connected to a water and septic system approved by the County Health Department; and, 

2. Will be anchored securely and properly and will follow all other applicable City, county, state, and federal regulations. 

3. The trailer house will be removed within eighteen (18) months or as soon as the original reason for the temporary dwelling has ceased, whichever comes first; 

4. The Zoning Administrator may in extraordinary circumstances extend the zoning permit for this use for one year. 

5. A temporary permit for 180 days may be granted by the zoning administrator for the location and occupancy of a temporary house trailer or recreational vehicle for living purposes during the construction of a permanent dwelling on the same lot provided that: 

1) The house trailer or recreational vehicle will be removed within 180 days or as soon as an occupancy permit is issued, whichever comes first. 

2) The zoning administrator may, in extraordinary circumstances, extend the permit for this use to one year. 

3) The trailer or structure will be connected to a water and septic system approved by the County Health Department 

SECTION 5.6.3 DEVELOPMENT STANDARDS 

A. Metes-and-Bounds or platted lots for residential uses shall meet the following standards: Minimum lot size ½ acre Minimum frontage 66 feet Minimum front setback 35 feet from the river (see definitions: Ordinary High-Water Mark) Minimum side setback 10 feet Minimum rear setback 25 feet from R.O.W. Maximum height 2½ stories or 35 feet 

Flag lots may be created by City Council action: driveway leg must have a minimum access of thirty-three (33) foot frontage on a public road. 

The City of Omer 27 Zoning Ordinance

B. Residential development shall be permitted within these areas by designing a Planned Development in accordance with Section 5.9 of this Ordinance, with an underlying allowable dwelling unit density of one (1) dwelling unit per acre and a minimum of sixty-five (65%) percent permanently preserved unbuilt open space. Minimum project area five (5) acres. 

SECTION 5.6.4 PERFORMANCE STANDARDS 

A. All structures, roads and other infrastructure shall be placed in such a manner that will avoid the destruction of as few trees and natural terrain on a site or parcel as possible and be constructed to prevent erosion. B. Unbuilt areas of a site or parcel shall be contiguous with unbuilt areas of adjoining sites to promote the maintenance of large forested expanses without buildings, other structures, or infrastructure. C. Trees and other vegetation within buffer or setback areas shall be preserved to the greatest degree practicable. 

D. All non-residential uses shall be situated and designed such that any potential nuisances or disturbances of surrounding properties shall be eliminated or mitigated to the greatest degree possible. 

SECTION 5.6.5 ACCESSORY STRUCTURES AND USES 

Any use or structure incidental to a permitted principal use not otherwise regulated by this Ordinance is allowed by right. 

Commercial Cargo Containers (see Section 4.21). 

Secondary Dwellings (see Section 5.6.2 C). 

Small, Proprietor Solar Panel Installations (see Section 4.22) 

A pole building or other storage building may be constructed without a principal structure provided setbacks are followed as set forth in Section 5.6.3. Accessory structures may be used for home occupations if there is a principal single family dwelling on the same parcel. 

SECTION 5.6.6 MISCELLANEOUS REGULATIONS 

The keeping of horses, ponies, or other livestock shall require a minimum of two (2) acres. No manure piles or other similar debris shall be kept within fifty (50) feet of any lot line. 

General Provisions as permitted in Chapter 4. 

Commercial Cargo Containers (see Section 4.21). 

Parking as permitted in Chapter 6. 

Signs as permitted in Chapter 7. 

The City of Omer 28 Zoning Ordinance an area within the City where traditional small-town development may occur. Sewer and water systems and other infrastructure may be necessary for these uses. 

SECTION 5.7.1 PERMITTED PRINCIPAL USES 

A. The following residential uses: 

Single-family and Single-family with detached dwellings. 

Single-family with attached dwellings. 

Duplex dwellings. 

State licensed residential facilities & family childcare homes. 

Townhouse dwellings. 

Accessory dwellings. 

Camping up 30 days each calendar year 

B. Public and semi-public uses, including community meetings halls, public or private schools, athletic clubs, museums, libraries, parks and playgrounds and structures typically constructed as part of these types of facilities. 

C. The following commercial uses: Banks and other financial institutions (without drive-through banking facilities). 

Offices and service establishments. 

Retail stores. 

Restaurants, without drive-through or drive-in facilities. 

Inn, Boarding or Lodging Houses. 

D. Planned Developments in accordance with Section 5.9 when more than one use or one structure is included for a specific parcel of property. 

SECTION 5.7.2 CONDITIONAL USES 

A. The following uses require a Special Use Permit in accordance with Chapter 8. 

Apartment dwellings / multi-family dwellings. 

Bed & Breakfast establishments. 

Churches. 

Adult foster care homes. 

Coin-operated laundries. 

Contractors and builders establishments. 

Day care centers. 

Drive-through businesses. 

Hotels and motels. 

Indoor & Outdoor recreation establishments. 

Lodges & Clubs 

Taverns and bars. 

Theaters. 

Short Term Rentals. 

Mortuaries; funeral homes. 

Motor vehicle service operations. 

Light manufacturing operations. 

Marijuana Uses: 

MMFLA Medical and MRTMA Adult-Use Marijuana Grower. MMFLA Medical and MRTMA Adult-Use Marijuana Processor. MMFLA Medical and MRTMA Adult-Use Marijuana Secure Transporter MMFLA Medical and MRTMA Adult-Use Marijuana Safety Compliance Facility. MMFLA Medical Provisioning Center and MRTMA Adult-Use Retailer. 

The City of Omer 29 Zoning Ordinance

MRTMA Microbusiness. 

MRTMA Excess Marijuana Grower 

(see Chapter 8) 

B. A temporary house trailer or an approved detached accessory structure for the living purposes of an elderly or infirm family member, provided that: 

1. The trailer or structure will be connected to a water and septic system approved by the County Health Department; and, 

2. Will be anchored securely and properly and will follow all other applicable City, county, state, and federal regulations. 

3. The trailer house will be removed within eighteen (18) months or as soon as the original reason for the temporary dwelling has ceased, whichever comes first; 

4. The Zoning Administrator may in extraordinary circumstances extend the zoning permit for this use for one year. 

5. A temporary permit for 180 days may be granted by the zoning administrator for the location and occupancy of a temporary house trailer or recreational vehicle for living purposes during the construction of a permanent dwelling on the same lot provided that: 

1) The house trailer or recreational vehicle will be removed within 180 days or as soon as an occupancy permit is issued, whichever comes first. 

2) The zoning administrator may, in extraordinary circumstances, extend the permit for this use to one year. 

3) The trailer or structure will be connected to a water and septic system approved by the County Health Department 

SECTION 5.7.3 DEVELOPMENT STANDARDS 

High density uses must conform to the development standards that follow for each type allowed. (Refer to street regulating Illustration No. 1 for display of setbacks and other requirements.) All uses in this district require Site Plan Review except detached Single-Family Residential (See Chapter 9). 

A. Single-family detached units: Minimum parcel size: 12,000 sq. ft. with public sewer 21,500 sq. ft. without public sewer Minimum lot width at front yard setback line: 50 ft. Minimum lot depth: 75 ft. Minimum yard dimensions: Front yard: 20 ft. from road R.O.W. Side yard: 10 ft. Rear yard: 10 ft. Build to line: 25 ft., unless otherwise specified in the regulating site plan or approved street sections. Maximum building height: 30 ft. Maximum impervious area: 50% Maximum building lot coverage: 40% Build up line: 2 stories; first finished floor level must be a minimum of two (2) feet above sidewalk grade. Rear yard parking preferred, alley or rear service drives optional. 

Additional standards for accessory structures and dwellings: an accessory structure or dwelling located on the same lot as a detached single-family dwelling shall additionally comply with the standards as specified above without modification, except that a detached accessory dwelling shall be limited to a maximum building height of twenty-five (25) feet. 

Area and bulk standards for flag lots: flag lots shall comply with the above specified area and bulk standards, except that minimum lot width at the street line and minimum lot width at the front yard setback line shall be twenty (20) feet and a minimum yard setback dimension for all yards shall be twenty-five (25) feet. 

The City of Omer 30 Zoning Ordinance

B. Single-family dwellings with attached units: 

Minimum parcel size: 6,000 sq. ft. per dwelling unit / office commercial with sewer 21,500 sq. ft. per dwelling unit / office commercial without sewer 

Minimum lot width 

at front yard setback line: 60 ft. 

Minimum lot depth: 75 ft. 

Minimum yard dimensions: 

Front yard: 20 ft. from road R.O.W. 

Side yard: 10 ft. 

Rear yard: 10 ft. Build to line: 25 ft., unless otherwise specified in the regulating site plan or approved street profiles. 

Maximum building height: 30 ft.

Maximum impervious area: 50% 

Maximum building lot coverage: 40% 

Build up line: 2 stories, first finished floor level must be a minimum of two (2) feet above sidewalk grade. Rear or side yard parking preferred, alley or rear service drives access optional. 

An attached structure shall be subordinate to the main structure characterized at minimum by a lower ridge line. 

C. Duplex Dwellings 

Minimum parcel size: 6,000 sq. ft. per dwelling unit with public sewer 21,500 sq. ft. per dwelling unit without public sewer 

Minimum lot width (per dwelling unit) 

at front yard setback line: 50 ft. 

Minimum lot depth: 75 ft. 

Minimum yard dimensions: 

Front yard: 20 ft. from road R.O.W. 

Side yard: 10 ft. 

Rear yard: 10 ft. Build to line: 25 ft., unless otherwise specified in the regulating site plan or approved street profiles. 

Maximum building height: 30 ft. 

Maximum impervious area: 60% 

Maximum building lot coverage: 50% 

Build-up line: 2 stories, first finished floor level must be a minimum of two (2) feet above sidewalk grade. 

Minimum open area: 40% 

Rear yard parking and alley or rear service drives preferred. 

D. Townhouse Dwellings 

Minimum parcel size: 5,000 sq. ft. per dwelling unit with public sewer 21,500 sq. ft. per dwelling unit without public sewer 

Minimum lot width (per dwelling unit) 

at front yard setback line: 33 ft. 

Minimum lot depth: 75 ft. 

Minimum yard dimensions: 

Front yard: 20 ft. from road R.O.W. 

Side yard (end of each row): 10 ft. 

Rear yard: 10 ft. Build to line: 25 ft., unless otherwise specified in the regulating site plan or approved street profiles. 

The City of Omer 31 Zoning Ordinance

Maximum building height: 30 ft. 

Maximum impervious area: 70% 

Maximum building lot coverage: 50% 

Build-up line: 2 stories, first finished floor level must be a minimum of two (2) feet above sidewalk grade. 

Maximum building size: 6 dwelling units in a row, 100 ft in length Minimum interior yards 

(open space between bldgs.): 20 ft. 

Rear yard garage and alley preferred. 

E. Apartment Dwellings 

Minimum parcel size: 10,000 sq. ft. per dwelling unit with public sewer 21,500 sq. ft. per dwelling unit without public sewer 

Minimum lot width (per dwelling unit) 

at front yard setback line: 90 ft. 

Minimum lot depth: 75 ft 

Minimum yard dimensions: 

Front yard: 20 ft. from road R.O.W. 

Side yard: 10 ft. 

Rear yard: 25 ft. 

Build to line: 25 ft., unless otherwise specified in the regulating site plan or approved street profiles. 

Maximum height: 30 ft. 

Maximum impervious area: 60% 

Maximum building lot coverage: 60% 

Build-up line: 2 stories, first finished floor level must be a minimum of two (2) feet above sidewalk grade. 

Minimum interior yards 

(open space between bldgs.): 20 ft. 

Maximum building size: 12 dwelling units in a building, 96 ft. in length Rear yard parking and alley or rear service drives access are required. 

F. Commercial and Mixed Use Buildings 

Minimum parcel size 12,000 sq. ft. per use/dwelling unit with public sewer 20,000 sq. ft. per use/dwelling unit without public sewer 

Minimum lot width 

at front yard setback line: 50 ft. 

Minimum lot depth: 100 ft. 

Minimum yard dimensions: 

Front yard: zero (0) ft. from road R.O.W. 

Side yard: 10 ft. 

Side yard can be zero (0) ft. if attached to adjacent bldg. and meets fire and bldg. codes Rear yard: 25 ft. 

Build to line: 25 ft. 

Maximum building height: 30 ft. 

Maximum impervious area: 90% 

Maximum building lot coverage: 70% 

Build up line: 2 stories; first finished floor level must be must be level with sidewalk grade. 

Maximum building size: 100 ft. in length (parallel to roadway), including adjacent bldgs. on adjacent lots if attached thereto. 

Minimum interior yards 

(open space between bldgs.): 15 ft. 

The City of Omer 32 Zoning Ordinance

STREET PROFILE 

Illustration 1 City of Omer 33 Zoning Ordinance

G. Community Facilities, Institutional and Religious Buildings: 

Minimum parcel size: 20,000 sq. ft Maximum size: 40,000 sq. ft. Minimum lot width 

at front yard setback line: 80 ft. 

Minimum lot depth: 110 ft. 

Minimum yard dimensions: 

Front yard: 30 ft. from road R.O.W. 

Side yard: 15 ft. 

Rear yard: 75 ft. 

Build to line: 30 ft. 

Maximum building height: 30 ft. 

Maximum impervious area: 80% 

Maximum building lot coverage: 70% 

Maximum building size: 100 ft. in length 

Minimum interior yards 

(open space between bldgs.): 15 ft. 

All off-street parking must be in rear yards. Alleys and/or rear service drives are recommended. H. Required Off-street Parking in Mixed Use Areas 

These requirements take precedence over the requirements of Chapter 6 in the Mixed Use District only. 1. Off-street parking shall be provided according to minimum requirements as specified below. All parking and lane areas shall be hard-surfaced. 

Use Required Parking 

Single-family Two parking spaces per unit 

Townhouse and duplex One space per first bedroom plus half of a space per each additional bedroom 

Apartment dwellings One space per bedroom 

Accessory dwellings One space per bedroom 

Retail One space for the first one thousand (1,000) sq. ft. and one space for each additional seven hundred fifty (750) sq. ft. 

Office uses One space for each five hundred (500) square feet of gross floor area Institutional / Churches One space for each four (4) seats. 

2. Off-street parking for commercial uses shall be sufficient to provide parking for the employees of all proposed uses as well as long-term customer parking. Off-street parking lots shall be prohibited in any front yard setback area, shall be located at the rear of buildings on the interior of lots and shall be accessed by means of common driveways, preferably from side streets or lanes. Such lots shall be small-sized (less than 25 parking spaces), where possible, and interconnected with commercial parking lots on adjacent properties. Cross-access easements for adjacent lots with interconnected parking lots shall be required in language acceptable to the City. Common, shared parking facilities are encouraged, where possible. 

3. Parking for all dwelling units shall be discouraged in front yard setback areas. Driveways are discouraged in any front yard area. Driveway access should be from lanes or alleys. Driveways shall be setback a minimum of three (3) feet from any side property line, unless such driveway is shared by buildings on two (2) adjacent lots. Parking for townhouses shall be provided in a common off-street parking area or in garages or parking spaces with access from a rear lane wherever possible. Private driveways for townhouses shall connect to lanes only and not a street. However, a common driveway serving a minimum of eight (8) units and not exceeding eighteen (18) feet in width may be permitted from a street. Parking for apartments may be located in common parking lots located on a lot other than that containing the apartment building, but within four hundred (400) feet of the apartment building entrances. If access to a garage is provided from a street, the front entrance of such a garage shall be setback fifteen (15) feet further than the front wall of the dwelling unit. The location of a garage shall be setback a minimum of six (6) feet from side or rear property line. 

The City of Omer 34 Zoning Ordinance

4. Parking Lot Landscaping, Buffering, and Screening. 

a. Lots for apartment and non-residential uses shall balance the functional requirements of parking with the provision of pedestrian needs. 

SECTION 5.7.4 PERFORMANCE STANDARDS 

A. Any use allowed in this district shall be so situated and operated that it shall not become a nuisance to its neighbors. Commercial uses shall be generally situated along major roads, in mixed use core areas. B. All commercial and industrial activities and operations shall be carried on within an enclosed structure unless specifically permitted to do otherwise by a Special Use Permit. 

C. Sidewalks and bike paths are required. 

D. The following standards shall be used to measure Mixed Use District Projects: 

1. Sewerage - adequate facilities to handle the total build-out proposed and not endanger area ground water quality or be a risk to the water quality. (Monitor wells may be required by the City Council upon recommendation by the appropriate health authorities or a qualified engineer). 

2. Water - adequate facilities to handle total build-out proposed and not endanger area ground water quality. 

3. Fire - Proposed project will not lower the current response time. 

4. Police - Proposed project will not lower the current response time. 

5. Traffic - Proposed project shall contain adequate ingress and egress from public roads and that the public roads serving the project shall be adequate for projected traffic. 

6. Drainage - Storm drainage resulting from a project shall be handled on-site or in conformance with an approved area plan and with the county regulations governing storm drainage. 

7. Physical conditions and natural features - Local prominent features and attributes, such as streams, woodlots, ridges, shall be preserved or enhanced where appropriate. 

SECTION 5.7.5 ACCESSORY STRUCTURE AND USES 

Any use or structure incidental to a permitted principal use not otherwise regulated by this Ordinance shall be allowed as designated on an approved site plan. No storage structures or trailers may be used in this district. 

Small, Proprietor Solar Panel Installations (see Section 4.22) 

SECTION 5.7.6 MISCELLANEOUS REGULATIONS 

General Provisions as permitted in Chapter 4. 

Parking as permitted in Chapter 6. 

Signs as permitted in Chapter 7. 

The City of Omer 35 Zoning Ordinance

SECTION 5.7.7 TABLE OF MIXED USE DIMENSIONAL REQUIREMENTS 
 

Type of Use Minimum parcel size 

With 

public sewer: 

Minimum frontage (feet) 

Minimum front 

setback (feet)2 

Minimum side 

setback (feet)1 

Minimum rear 

setback (feet) 

Maximum impervious area 

(percent) 

Maximum height 

(feet) 
 

Single-family w/ detached units 

Single-family w/ attached units 

Duplex 

Dwellings 

Townhouse 

Dwellings 

Apartment 

Dwellings 

Mixed Use 

Buildings 

Community 

12,000 sq. ft. 50 20 10 10 50% 30 without 

public sewer: 

21,500 sq. ft. 

With 

public sewer: 

6,000 sq. ft. 60 20 10 10 50% 30 without 

public sewer: 

21,500 sq. ft. 

With 

public sewer: 

6,000 sq. ft. 50 20 10 10 60% 30 without 

public sewer: 

21,500 sq. ft. 

With 

public sewer: 

5,000 sq. ft. 33 20 10 10 70% 30 without 

public sewer: 

21,500 sq. ft. 

With 

public sewer: 

10,000 sq. ft. 90 20 10 25 60% 30 without 

public sewer: 

21,500 sq. ft. 

with 

public sewer: 

12,000 sq. ft. 50 0 10 25 90% 30 without 

public sewer: 

20,000 sq. ft. 
 

Facilities, etc. 20,000 sq. ft. 80 30 15 75 80% 30 1 Side yard can be zero (0) ft. if attached to adjacent bldg and meets fire and building codes. 2 From road right-of-way. 

The City of Omer 36 Zoning Ordinance

SECTION 5.8 TABLE OF DIMENSIONAL REQUIREMENTS 
 

ZONING 

DISTRICT MINIMUM LOT AREA1 

MINIMUM 

FRONTAGE 

REQUIREMENT (FEET) 

MINIMUM FRONT 

YARD 

SETBACK (FEET)3 

MINIMUM SIDE 

YARD 

SETBACK (FEET) 

MINIMUM REAR 

YARD 

SETBACK (FEET) 

MAXIMUM STRUCTURE HEIGHT2 

(FEET) 
 

FARM 10 acres 330 50 50 50 95 INSTITUTIONAL / AR 

COMMERCIAL 10 acres 330 50 50 50 40 RESIDENTIAL 1 acre 100 50 10 10 35 

RV RIVER-RESIDENTIAL ½ acre 66 35 10 253 2½ stories or 35 feet 

MX MIXED USE (see Section 5.7.7) 1Parcel size variations may be granted by City Council as part of a Special Use Permit. 2Telecommunication tower and antenna heights are governed by Section 4.11. 

3From road right-of-way. 

SECTION 5.9 PLANNED DEVELOPMENTS (PD) 

SECTION 5.9.1 PURPOSE 

Planned Development regulations furnish a beneficial and productive means to design site plans within areas designated in the Master Plan for housing, commercial, or special purpose developments. These regulations, while adhering to the underlying densities specified in the various districts of the zoning ordinance, provide for better design and planning of land uses by making the geography, the history and culture, and the ecology of the area the standards and determinants of that design rather than the singular enforcement of lot sizes and standard setbacks. 

These regulations intend to promote the efficient and thoughtful use of the land, while encouraging a diversity of housing types, and mixed uses where appropriate, by maintaining the high degree of quality control necessary for good urban design and for preservation of the natural and scenic elements that are integral to the character of the City. 

Projects approved hereunder shall be designated (PD) Planned Development. 

SECTION 5.9.2 PERMITTED AND CONDITIONAL USES 

A. Planned Developments, when approved by the City pursuant to this Ordinance, shall constitute an overlay district. As an overlay district, the portions of this Section 5.9 and the conditions, if any, placed on the Planned Development by the City shall apply and control over conflicting provisions in the underlying zoning district. 

All legal methods of land subdivision may be used in the design of a Planned Development. All pertinent regulations addressed elsewhere in the zoning ordinance or in separate ordinances of the City shall be complied with. Condominium projects, mobile home parks, and land divisions shall be administered and reviewed under this Section. 

B. Permitted and conditional uses of the property prior to PD zone designation as uses compatible with surrounding zoning districts. 

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SECTION 5.9.3 TABLE OF DISTRICT REGULATIONS FOR PLANNED DEVELOPMENT 

ZONING 

DISTRICTMINIMUM 

PROJECT 

AREA 

MINIMUM 

CONTINUOUS PROJECT 

FRONTAGE1 

MAX. DU/ 

DEVELOPABLE ACREAGE 

REQUIRED PERCENT OF PROJECT AS 

OPEN SPACE2 

AREA, YARD AND OTHER REQUIRE-ME NTS3 
 

RURAL RESIDENTIAL 20 acres 110 feet1 d.u./ 
 

AGRICULTURE / 

1 ½ acres65% See Section 5.8 
 

RIVER RESIDENTIAL 10 acres 110 feet 1 d.u./ acre60% See Section 5.8 

MIXED USE See Section 5.7.7 

1. On a county or state highway. 2. Rights-of-way, drives, streets or alleys, parking areas or required lots shall not be counted as part of required open space. 3 Standards set forth in Section 5.8 shall be used as guides to development design; modifications shall be reviewed and approved based upon standards of this chapter. 

SECTION 5.9.4 DIMENSIONAL REQUIREMENTS 

A. See Section 5.10.3, above, and Section 5.9. 

B. “Open space” as used in this section shall be defined as land areas that are open and unbuilt and permanently preserved as such by easement or other means suitable to the City Council. It may include recreational facilities and structures. 

SECTION 5.9.5 PERFORMANCE STANDARDS 

The following development requirements shall apply to all Planned Developments: 

A. The Planned Developments should be designed and developed in a manner compatible with and complementary to existing uses or development indicated by the current Master Plan for the immediate vicinity of the project site. Site planning on the property perimeter shall provide for the protection from adverse surrounding influences, as well as protection of the surrounding areas from potentially adverse influences from within the development. 

B. Open space may be left undeveloped or may be improved. If it is improved, provisions for its maintenance must be provided. If land is to remain undeveloped, measures may be required to mitigate construction, to improve natural habitat, and to prevent erosion and control drainage. Open space let in its natural state shall be kept free of litter. Open spaces shall link with those on adjoining properties to ensure maximum landscape cover and wildlife habitat. 

C. If development is to be done in stages, the development plan shall schedule the improvement of the open space, the construction of buildings, structures, and improvements in such open space, and the construction of dwelling units in order that each development stage achieves a proportionate share of the total open space and planned amenities of the total development. 

D. All or any part of designated open space shall be reserved for use in common by the owners or residents of the Planned Development. Areas permanently preserved for common open space shall be reserved for the use and enjoyment of the owners and residents. The City may, with the developer’s consent, require that open space easements be conveyed to the City or to another responsible entity. 

E. All public streets within or abutting the proposed Planned Development shall be improved to City and County specifications for the particular classification of street. When the developer desires to retain any streets within the development as private streets, such streets shall be maintained for their intended purposes by the development’s landowners association or other means acceptable to the City and County. All roads and passageways must be designed to allow emergency vehicle access. 

F. Planned Developments shall be in harmony with the topography of the site, shall preserve water courses, drainage areas, wooded area, rough terrain, and similar natural features and areas. 

G. All utilities within a Planned Development shall be placed underground where feasible; otherwise, they shall be placed in the most unobtrusive manner possible. Sufficient easements shall be provided for all necessary utilities. 

H. The designation of building plots or building areas within which structures must be sited is required to The City of Omer 38 Zoning Ordinance

ensure proper placement of homes in relation to the geography and ecology of the site as well as in relation to structures on surrounding properties. 

I. A property owners association shall be formed to hold title to and to manage any land, structures, or improvements to be held in common. Necessary stipulations of the Planned Development approval shall be conveyed by deed restrictions and covenants or within the condominium master plan, whichever is applicable. 

J. The development must meet all the standards and requirements of the various agencies that have jurisdiction over the development area. No Planned Development shall be granted final approval until all necessary approvals are obtained. 

K. A development schedule, including all contiguous or adjacent land owned or controlled by the applicant, shall be submitted indicating planned phases, including construction of roads, utilities, dwellings and amenities--all the major components of the project. An annual updated schedule shall be submitted to the City Council until the entire development is completed. This annual report shall include, at minimum, the percentage complete to date and forecasted construction for the ensuing year of each component of the project. Approval of subsequent stages of a development shall be based upon adherence to the approved schedule or modifications agreed upon by the City. 

SECTION 5.9.6 ACCESSORY STRUCTURES AND USES 

Accessory uses and structures shall be located as specified on the development plans as approved by the City. SECTION 5.9.7 MISCELLANEOUS REGULATIONS 

General Provisions as permitted in Chapter 4. 

Parking as permitted in Chapter 6. 

Signage as permitted in Chapter 7. 

SECTION 5.9.8 CONCEPTUAL DEVELOPMENT PLAN; APPLICATION REQUIREMENTS 

A. Twelve (12) copies of a conceptual development plan encompassing all phases of the proposed PD, prepared at a scale not less than one (1) inch equals fifty (50) feet if the property is less than three (3) acres and one (1) inch equals one hundred (100) feet, if more, containing the following information: 

1. Name of development, applicant name, preparer name, if different, date of preparations, written and graphic scale, north arrow, property lines and dimensions, size of property in acres. 

2. Zoning and use of all adjoining properties. 

3. Existing natural features of the site, including predominant vegetative cover, major tree stands, and existing drainage ways. 

4. Existing site improvements, including existing buildings or other structures, existing utilities with sizes shown, and any existing easements of record. 

5. Existing site elevation contours at a minimum of twenty (20) foot intervals. 

6. If applicable, identify existing shoreline, existing one-hundred (100) year flood hazard area boundary and existing wetlands. 

7. Existing rights-of-way lines, pavement edges and names of public streets; proposed layout of new public streets or private roads. 

8. Layout and typical dimensions of proposed lots, including building plots or pads. If the proposed Planned Development zone includes construction of buildings or other structures, identify proposed footprints and dimensions, proposed number of stories; identify uses proposed within the Planned Development and the acreage allotted to each use. 

9. Locations of proposed access driveways and parking areas. 

10. If multi-phase development is proposed, identify areas included in each proposed phase. B. A legal description of the land to be included in the Planned Development. 

C. A sketch of the vicinity of the subject property, locating the property in relation to properties, structures, streets and uses within five-hundred (500) feet of the Planned Development. 

D. A narrative statement describing the overall objectives of the Planned Development. E. A complete application on a form supplied by the City. 

F. Payment of the fee established, from time to time, by resolution of the City Council to cover the cost of the Planned Development project review. 

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SECTION 5.9.9 CITY COUNCIL REVIEW OF CONCEPTUAL DEVELOPMENT PLAN 

A. The City Council shall review the conceptual development plan at a public meeting. Recommendations made by the City Council shall be based upon its consideration of the standards for approval of a Planned Development contained in this section, and based upon the intent of the Ordinance. The recommendation of the City Council shall be transmitted in written form to the City Council and a copy of the recommendations transmitted to the applicant. 

B. In the course of its review of a conceptual development plan for a Planned Development, the City Council shall notify adjoining property owners within three hundred (300) feet of the property to provide an opportunity for public comment on the proposed Planned Development. 

C. Review Procedure: 

1. The City shall review the conceptual site plan to ensure that: 

a. The uses, buildings, and structures shown on the conceptual site plan are not in conflict with the Master Plan of current adoption. 

b. That the proposed uses, buildings, and structures are compatible with surrounding uses of land, or that measures to mitigate adequately non-compatible uses have been included on the conceptual site plan. 

c. That the plan meets the applicable development and performance standards of this section and of the district in which it is proposed to be situated. 

2. Based on the findings of its review, the City Council shall do one of the following: a. Grant conceptual site plan approval. 

b. Grant conceptual site plan approval subject to conditions and the submission of a revised site plan. 

c. Reject the conceptual site plan, stating the specific reasons for the rejection. 

SECTION 5.9.10 APPLICATIONS FOR REZONING 

Once the City Council has granted concept development plan approval subject to conditions, an application for Planned Development zoning may be filed and processed in accordance with Chapter 12 of this Ordinance. The approved conceptual site plan shall be made part of the application and shall be considered as part of the rezoning request. 

SECTION 5.9.11 SITE PLAN REVIEW REQUIRED 

Either concurrent with the application for rezoning or upon rezoning approval, the applicant must apply for development site plan approval in accordance with Chapter 9. Prior to any new construction, site plan approval must be obtained. 

In addition to the information required for development site plan approval, the applicant shall submit, where relevant, the following: 

A. Lot lines and building pads. 

B. Details of proposed project lighting. 

C. A copy of all of the following that are applicable: proposed deed restrictions, covenants, condominium or landowner association documents. 

D. Summary data schedules: 

1. Number and sizes of proposed units, including accessory or ancillary structures. 2. Area and percentage of building site coverage. 

3. Area and percentage of impervious surface coverage. 

4. Area and percentage of open, undeveloped space. 

5. Parking space calculations, if applicable. 

SECTION 5.9.12 CHANGES TO AN APPROVED PLANNED DEVELOPMENT 

A. No changes to an approved development plan for a Planned Development shall be made, except by mutual agreement between the applicant and the City. Revisions to an approved final development plan or to any conditions imposed on an approval, with the exception of minor administrative changes, which do not alter the layout, number of units or other details of the plan by more than five (5%) percent, shall be processed in 

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the same manner as an application for approval of a Development Site Plan, as specified in Chapter 9. B. Minor administrative changes may be made by the City Council or the Commission may delegate this responsibility to the Zoning Administrator. 

SECTION 5.9.13 TIME LIMIT FOR APPROVED PLANNED DEVELOPMENTS 

A. Construction of an approved Planned Development shall commence and shall proceed meaningfully toward completion within one (1) year from the date of the approval of the Planned Development by the City Council. 

B. The owner or applicant of the Planned Development may apply to the City Council for one (1) extension of the original approval for an additional term of one (1) year. The City Council may, in its discretion, authorize this extension. In considering such authorization, the City Council shall use the following standards: 

1. The Planned Development has encountered unforeseen difficulties beyond the reasonable control of the owner or applicant. 

2. The Planned Development is likely to commence and to be completed. 

C. If the Planned Development has not commenced and proceeded meaningfully towards completion at the end of the initial one (1) year time period, or the one permitted extension thereof, then the Planned Development approval shall automatically become invalid and void and the original zoning designation of the property shall obtain. 

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CHAPTER 6 PARKING 

SECTION 6.1 INTENT AND PURPOSE 

It is the purpose of these regulations to ensure that adequate parking facilities are provided for and that they are adequately maintained. Off-street parking as required by this Ordinance shall be in accordance with the following provisions. 

SECTION 6.2 ADEQUATE OFF-STREET PARKING 

For all uses, adequate off-street parking shall be required. Off-street parking areas shall be designed with enough capacity to provide safe and sufficient parking for all vehicles during normal times of use. Direct access to off-street parking areas shall be provided from a county street or an approved private street, service drive, or alley. Street rights-of-way shall not be construed as satisfying the requirements of this Chapter except as allowed by specific districts and uses in this Ordinance. Parking needs shall be reviewed as a part of Development Site Plan Review, Chapter 9. 

SECTION 6.3 TABLE OF OFF-STREET PARKING RECOMMENDATIONS 

The following table provides a guide for surfaced parking areas. The total parking recommended is the sum of spaces for all land uses proposed on the site, plus employee parking, as outlined by table. 

Land Use # Spaces Per Activity Unit 

Mobile Home Park 2 Dwelling Unit 

Senior Citizen Housing 1 Dwelling Unit 

Day Nursery 1 4 Children, per License Doctor, Dentist, Veterinarian 2 Exam or Treatment Room Retail, Office, Service, Financial 1 250 sq. ft. of Public Area Vehicle Sales 1 800 sq. ft. of Public Area Vehicle Service/Wash, Gas Station 1 Wash, Stall or Fuel Pump Truck Stop 5* Fuel Pump (12' x 70' / truck) Barber Shop or Beauty Salon 1 Chair 

Bar or Restaurant (Not Drive-In) 1 2 Seats 

Drive-In or Drive-Thru Restaurant 1 200 sq. ft. Gross Floor Area Hotel, Motel, Bed & Breakfast 1 Guest Room 

Meeting Hall, Skating Rink, 

Community Center, Gymnasium, 1 3 Persons Allowed in Bldg. Auditorium 1 based on Fire Code Bowling Alley 4 Lane 

Wholesale, Industrial 1 900 sq. ft. Gross Floor Area Church, Theater, Arena, 1 2 Seats or 4 feet of Bench or Pew Grade School 1 10 Students 

High School 1 5 Students 

College, Technical School 1 3 Students 

Land Use # Spaces Per Activity Unit 

Hospital, Visitor Parking 1 3 Beds 

Hospital, Doctors Parking 1 2 Medical Staff Members Nursing Home 1 6 Beds 

Library, Museum, Gallery, Post Office 1 800 sq. ft. Gross Floor Area Private Club 1 2 Member Families Any Employment Site 1 Employee at Peak Shift *Spaces should be sized as noted. 

Where an applicant can substantiate a different parking need than those indicated above, upon submittal of convincing written evidence to the City Council, a deviation may be allowed. Unpaved parking areas may be allowed to handle special events or high non-routine parking requirements. These areas, though, must have a properly stabilized subsoil and meet regular landscape requirements. 

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SECTION 6.4 USES NOT LISTED 

The Zoning Administrator and City Council shall determine the number of parking spaces required for all uses, including those not listed in the table above. If the use in not listed, the Zoning Administrator and City Council shall determine the number of required spaces based on a comparison of the proposed use and a similar use that is listed in the Table of Off-Street Parking Recommendations. In the event that there is a dispute over the number of spaces required, the matter shall be referred to the Zoning Board of Appeals for review and decision. 

SECTION 6.5 BUILDING, STRUCTURE, OR USE EXPANSIONS OR ADDITIONS 

Additional parking shall be provided for any increase in floor area, change in use, addition, or expansion of a building or site. 

SECTION 6.6 JOINT PARKING 

The use and construction of shared parking is encouraged and allowed when it can be demonstrated that the parking requirements of this Chapter can be met. In no event, shall any parking space be used to meet the minimum parking requirements for more than one use. 

SECTION 6.7 OFF-STREET PARKING AREA CONSTRUCTION REQUIREMENTS 

A. The off-street parking areas shall be surfaced with a durable material that shall be graded to drain and dispose of storm water. 

B. Storm water collection, drainage and retention structures meeting all requirements of the Arenac County Road Commission and the Arenac County Drain Commissioner shall be installed for all off-street parking areas. 

C. Driveways and aisles for any off-street parking area shall be clearly defined meeting the following requirements: 

1. Each driveway lane shall be a minimum of nine (9) feet in width per direction. Lanes for entering and exiting traffic shall be defined. 

2. A driveway shall intersect the abutting street at a ninety (90°) degree angle. 

3. Aisles shall be at least eighteen (18) feet wide. 

D. Each parcel shall have no more than one (1) driveway entrance and exit opening to an abutting public thoroughfare for each three hundred fifty (350) feet of frontage, or fraction thereof. Where more than one (1) driveway is allowed because of an existing driveway, it will be as far as possible from the nearest driveway(s), except in high density areas. No parking lot driveway shall be located closer than ten (10) feet from a neighboring property line. 

E. All lighting of a required off-street parking area shall be arranged in such a manner and shall be of such height that the illumination is directed toward the ground and is not directed toward a public thoroughfare or adjacent properties. 

F. Parking and loading areas in general shall be located beside or behind structures, but in no case closer than fifty (50) feet from any road right-of-way and shall not be located any closer than ten (10) feet from any lot line. 

G. Any parking area larger than ten (10) spaces shall have a visual screen not less than four (4) feet high between the parking area and adjacent property zoned for residential uses. 

H. A zoning permit shall be required for construction of any parking lot. 

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CHAPTER 7 SIGNS 

SECTION 7.1 INTENT AND PURPOSE 

The intent of this Chapter is to regulate the type, number, physical dimensions, erection and placement of signs in The City of Omer. The purpose of these regulations is to: 

Promote the public health, safety, and welfare of residents and visitors 

Reduce hazardous distractions to motorists and pedestrians 

Protect commercial districts from visual clutter and ugliness 

Protect property values 

SECTION 7.2 DEFINITIONS 

Sign - A sign is the use of any words, numerals, figures, devices, designs, or trademarks which constitute name, identification, description, display, or illustration which is affixed or applied to or represented directly or indirectly upon a building, structure, or lot, and which directs attention to an object, project, service, activity, person, institution, organization, or business. 

Sign Area - The area of a sign shall be computed as the entire area circumscribed by a parallelogram, triangle, circle, or semi-circle, or any combination of these figures, which includes all of the display area of the sign, including frames surrounding display areas. For signs which consist of individual letters attached or painted on the wall of a building, with only the wall as background and no added decoration or border, the sign area shall be the geometrical shape formed by an imaginary line along the exterior perimeter of the word, or words, as a whole. For purposes of computing sign area, only one face of a sign shall be used. 

Building Sign - A sign attached to a building as either a wall sign, projecting sign, awning sign, window or canopy sign. No sign shall be placed above the roof line (refer to Figure 4). 

Directional Sign - A sign directing vehicular or pedestrian traffic or parking but bearing no advertising matter except for the logo of the business for which the directional signs are associated. 

Freestanding Sign - A sign supported by one or more uprights, braces or pylons located in or on the ground or to something requiring location on the ground. Freestanding signs are commonly referred to as “pole” signs. 

Illuminated Sign - Any sign designed to give forth artificial light or designed to reflect any such light given from any source which is intended to cause such light or reflection. 

Outdoor Advertising Structure - A sign or billboard that may be erected for the purpose of advertising a business or other activity and is not on the same parcel as the business or activity advertised. 

Portable Sign - Any sign so constructed to be readily moveable from one location to another and not permanently affixed to a building or the ground. Portable signs include “trailer” signs. 

SECTION 7.3 SIGN REGULATIONS 

The following regulations shall apply to on-premises signs: 

A. Unless a sign is exempt from permit requirements as specified in Section 7.3.B, a Zoning Permit must be obtained from the City Zoning Administrator prior to the construction or placement of any sign. Outdoor advertising structures require a Special Use Permit in accordance with Chapter 8. 

B. Subject to the standards as noted and other applicable ordinance requirements, the following signs and related activities are permitted by right and are exempt from the permit requirements of this Ordinance: 1. One (1) temporary construction sign shall be permitted for a construction project, not to exceed 

thirty-two (32) square feet in area per sign. Such signs may be erected no more than thirty (30) days prior to commencement of construction and must be removed no longer than thirty (30) days after completion of construction. 

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2. On-premise directional signs, not to exceed six (6) square feet in area per sign, shall be permitted as a means of directing traffic to parking, loading, customer service, and related areas. 

3. Public signs or notices of the City of Omer, Arenac County, the State of Michigan, or the United States Government may be erected as deemed necessary and appropriate. 

4. Real estate signs not exceeding six (6) square feet of display area per side shall be permitted. These signs must be removed within thirty (30) days of the sale of the property upon which they are placed. 

5. One (1) nameplate sign per premises not to exceed six (6) square feet shall be permitted. 6. Garage or yard sale signs may be installed twenty-four (24) hours in advance of sale and shall be removed within twenty-four (24) hours after the sale. 

C. Outdoor advertising structures are permitted in the Mixed Use District in accordance with the following conditions: 

1. Special use requirements shall be followed (see Chapter 8). 

2. Minimum setback from any highway - 100 feet or in line with existing outdoor advertising structures. 

3. Minimum spacing between advertising structures 2,640 feet measured along a line parallel to the right-of-way of the highway upon which the structure may be located. This measurement is to be between signs on the same, or opposite, side of the highway. 

4. Maximum sign size - 300 square feet in surface display area per side. 

D. Any sign not specifically permitted is prohibited; the Zoning Board of Appeals shall have the authority to classify signs not specifically permitted. 

E. General Sign Standards: 

1. Illumination, if permitted, shall be by a non-flashing reflective light. Said source of illumination shall be shielded from direct view of adjacent residential properties and vehicles passing on adjacent highways. The source of any illumination shall not be visible beyond the property lines of the parcel upon which the advertising structure is located. 

2. All signs shall be subject to the Building and Safety Codes of the City of Omer and Arenac County. 

3. All signs shall be setback a minimum of ten (10) feet from all lot lines, except where regulated otherwise by this Ordinance. 

4. No sign shall exceed the height limitation of the district in which it is located or as otherwise regulated by this Ordinance, provided however, ground mounted signs shall not exceed eight (8) feet in height and the bottom of the sign or a flower box must be 12” or less above the ground surface to obstruct pedestrian and cycle traffic. 

5. Freestanding signs shall have a minimum clearance of eight (8) feet between the ground surface and the lowest point of the sign and shall not exceed 14” in total height. 

6. No signs shall be placed in required clear vision areas. 

7. New signs in areas that have many existing signs shall be placed in line with existing signs as much as possible while attempting to adhere to required setbacks. 

8. All signs shall be adequately maintained; if not, written notice shall be issued by the Zoning Administrator to the owner of the structure. If disrepair is not corrected within thirty (30) days, said structure shall be removed at the owner’s expense. 

F. Sign Size and Height: 

1. On premise freestanding signs shall not exceed forty-eight (48) square feet total face size. 2. On premise freestanding signs shall not exceed fourteen (14) feet total in height. 3. City commercial establishments are allowed one freestanding sign. 

4. City commercial establishments are allowed building signage, including wall, roof, awning, window and canopy signage, for identification and advertisement of goods sold on premises not to exceed ten (10%) percent of one face of the building fronting on the road of access to the building. 5. Signs for home occupations shall not exceed six (6) square feet. 

G. Temporary signs, a maximum of thirty-two (32) square feet, shall be allowed for special events, subject to Zoning Administrator approval, not to exceed sixty (60) days total in one year. 

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SECTION 7.4 NON-CONFORMING SIGNS 

A non-conforming sign or sign structure existing and in place as of the date of the enactment of this Chapter may continue to have the copy or message on the sign changed and may also have normal maintenance performed. However, a non-conforming sign existing on the day of enactment of this Chapter SHALL NOT: 

A. Be changed to another non-conforming sign. 

B. Be structurally altered so as to prolong the life of the sign or to change the shape, size, location, type, or design of the sign. 

C. Be re-established after the activity, business, or use to which it relates has been discontinued for ninety (90) days or longer. 

D. Be re-established after damage by any means if the damage is in excess of the State Equalized Value (SEV) of the sign, as determined from its most recent assessed valuation. 

SIGN TYPES 

Figure 4 

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CHAPTER 8 SPECIAL USES 

SECTION 8.1 INTENT AND PURPOSE 

Rather than attempting to foresee and regulate all the possible land use activities within individual and limited zoning districts, it is the intent of this Ordinance to provide a set of procedures and standards for special uses of land or structures that allows latitude for a landowner or developer, and, at the same time, maintains sound provisions for the protection of the health, safety, and general welfare of the citizens of Omer. Such uses may be authorized within certain zoning districts through the issuance of a Special Use Permit as provided in the Public Act 110 of 2006, the Michigan Zoning Enabling Act, as amended. 

SECTION 8.2 PRE-EXISTING USE 

Any existing use which is permissible by right in the district shall continue as a permissible use even if that use is later designated a special land use. Any expansion or enlargement of the original permissible use, designated now as a special use, must proceed through the special land use process for approval. 

SECTION 8.3 REVIEWING AUTHORITY 

All applications for Special Use Permits shall be considered by the Planning Commission, hereafter referred to as the “Commission,” and a recommendation made to the City Council. The City Council shall have the authority to grant, to deny, or to grant with conditions such Special Use Permits. Any appeal shall be filed with the circuit court. 

All applications for Special Use Permits shall include the requirements for site plan review in accordance with Chapter 9, for development site plan review and site plan approval by the City Council. 

SECTION 8.4 APPLICATION AND FEE 

An application for a Special Use Permit shall be submitted to the Commission through the Zoning Administrator. The applicant shall provide the Zoning Administrator with seven (7) copies of the application, and seven (7) sets of all required data. Each application shall be made by the owner of record of the property on which the proposed special land use is to exist or be conducted, or by an applicant, if not the owner, with a signed authorization of the property owner, and shall be accompanied by the payment of a fee as set forth in the schedule established by the City Council to cover the costs of processing the Special Use Permit application. 

SECTION 8.5 DATA REQUIRED 

A. Each application shall include the following information: 

1. The name, location and email addresses, telephone number, and signature of the property owner or applicant; 

2. A full legal description of the property on which the proposed special use is to exist or be conducted, including the property tax parcel number(s), together with proof of property ownership and applicable options on the property, if any; 

3. A detailed description of the proposed special use for which the permit is requested; 4. Project schedule and development plans; 

5. A vicinity map with north arrow indicated; 

6. Land uses and existing structures on the subject parcel and adjoining parcels within five hundred (500) feet of the subject parcel; and 

7. A written statement relative to the project’s effects on existing infrastructure, including but not limited to, traffic, capacity of roads, schools, and existing utilities, and upon the natural 

environment. 

B. A site plan in accordance with Chapter 9 - Development Site Plan Review. 

SECTION 8.6 PROCEDURE UPON RECEIPT OF APPLICATION 

Upon receipt of a Special Use Permit application, which is supported by all the data and fees required above, the application shall be put on the agenda for preliminary consideration at the earliest Commission meeting practicable. 

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The Planning Commission may offer preliminary review of the Special Use Permit application. This preliminary review shall not constitute final review necessary for approval. The applicant shall be notified of the time and date of this preliminary consideration. At the meeting wherein preliminary consideration is given, the Planning Commission shall set the time and date for the public hearing on the application unless the applicant agrees to deferral of that public hearing. 

A. Notice Requirements. Notice that a special use application has been received and will be considered by the Commission must be given and shall meet the requirements of Section 10.10 of this Ordinance: B. The Planning Commission shall hold a public hearing on the Special Use Permit request. C. The Planning Commission shall review the request and shall establish that the standards and requirements of this Chapter are satisfied. 

D. Following its review of the request, the Planning Commission shall take one of the following actions: 1. To recommend approval of the Special Use Permit to the City Council if it is found to satisfy the requirements of this Chapter; 

2. To place conditions on, and then recommend the Special Use Permit approval with conditions to the City Council; or 

3. To recommend the City Council not approve the Special Use Permit because it is found that the proposed use fails to satisfy the requirements of this Chapter; 

4. Then forward the recommendation in writing to the City Council. 

SECTION 8.7 CITY COUNCIL ACTION 

Upon receiving the Commission’s written recommendation on the proposed special use, the City Council shall schedule deliberations on the application at its next regular meeting. The City Council may hold another public hearing on the matter if requested or at its discretion. Upon examining the application, the recommendation of the Commission, and any other evidence brought before it, the City Council may take one of the following actions: 

1. Refer the matter back to the Commission for further deliberations whereupon the Commission will re-examine the evidence and information referred to it by the City Council and resubmit a recommendation to the City Council. 

2. To approve the Special Use Permit if it is found to satisfy the requirements of this Chapter; 3. To place conditions on, and then approve, the Special Use Permit to ensure that it complies with the requirements of this Chapter; or 

4. To deny the Special Use Permit because it is found that the proposed use fails to satisfy the requirements of this Chapter. 

SECTION 8.8 BASIS FOR DETERMINATION 

Before approval of a Special Use Permit, the City Council shall establish that the standards specified in this Section, as well as applicable standards outlined elsewhere in this Ordinance, shall be satisfied. Each of the proposed special land uses on the proposed location shall: 

A. Be designed, constructed, operated and maintained so as to be harmonious in affect and appropriate in appearance with the existing or intended character of the general vicinity as indicated in the City Master Plan or other policies of the City. 

B. Not be hazardous or disturbing to existing uses in the same general vicinity and will not have adverse effects on the market value of surrounding property and to the community as a whole. 

C. Be served adequately by essential facilities and services, such as, but not limited to, highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities, and schools. D. Not create excessive additional requirements at public cost for public facilities and services. E. Not involve uses, activities, processes, materials, and equipment or conditions of operations that will be detrimental to persons, property, or the general welfare by fumes, glare, noise or odors, or any other harmful affects. 

F. Will be in general compliance with the land use policies outlined in the City Master Plan, the principles of sound planning, and will not jeopardize the economic welfare of the City. 

G. Will not directly or indirectly have an adverse effect upon the natural resources of the City, including, but not limited to, prime or unique agricultural lands, water recharge areas, lakes, rivers, streams, forests, wetlands, wildlife areas. 

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H. Structures, landscaping, or other land uses will not disrupt water drainage systems necessary for agricultural uses and will be in compliance with Arenac County Drain Commissioner requirements. I. Phases of development are in a logical sequence, so that any one phase will not depend upon a subsequent phase for adequate access, public utility services, drainage or erosion control. 

J. Be in compliance with the requirements of the district in which it is proposed and all other standards in this Ordinance, as well as with the requirements of the County Road Commission, County Building Inspector, County Drain Commissioner, District Health Department, Soil Erosion Officer, area fire departments, Department of Natural Resources and any other applicable City, county, state and federal statutes. 

SECTION 8.9 CONDITIONS AND SAFEGUARDS 

Additional conditions and safeguards may be imposed by the City if reasonable and necessary to protect the natural environment or to conserve natural resources or energy, to ensure compatibility with adjacent uses of land, to promote the use of the land in a socially and economically desirable manner, and to ensure that public services and facilities affected by the proposed use or activity will be capable of accommodating the increased activity. Any conditions so imposed shall meet the following requirements: 

A. To ensure that public services and facilities affected by a proposed use or activity will be capable of accommodating increased service and facility loads caused by the land use activity; 

B. To protect the natural environment and conserve natural resources and energy; 

C. To ensure compatibility with adjacent uses of land; 

D. To promote the use of land in a socially and economically desirable manner; 

E. To protect the health, safety, welfare, social and economic well-being of those who will be using the proposed special land use or activity under consideration; 

F. To protect the health, safety, welfare, social and economic well-being of City residents, and parcel owners adjoining the proposed special land use or activity, including, but not limited to, requirements such as screening, or the erection of natural or artificial barriers, or limitations on the time of day during which operations may occur or during which special land use activities may be carried on; 

G. Be necessary to meet the intent and purposes of this Ordinance, and be related to the standards established for the land use activity under consideration, and be necessary to ensure compliance with those standards; H. Be necessary to ensure compliance with any part of the application received and approved by the City Council. 

I. Be recorded as part of the Special Use Permit. 

When requiring conditions for a Special Use Permit, the following findings shall be made and documented as part of the special use review: 

1. That such requirements and conditions will mitigate negative affects of noise, dust, lighting, vehicular or pedestrian traffic, loading or unloading, parking or other harmful effects upon adjoining parcels. 

2. That absent such conditions, the development would adversely affect the reasonable use, enjoyment and value of adjoining lands in light of similar benefits enjoyed by other properties in the area. 

SECTION 8.10 VARIANCES 

Where a Special Use Permit is granted conditionally, based upon the necessity for the applicant to obtain a variance, or variances, from the Zoning Board of Appeals, the permit shall not be valid until such variances are obtained. 

SECTION 8.11 GRANT OR DENIAL OF THE SPECIAL USE PERMIT 

The City Council may approve, deny, or approve with conditions, a request for Special Use Permit approval. The decision on a Special Use Permit under consideration shall be incorporated in a statement containing the conclusions which form the basis of the decision and any conditions and safeguards imposed. One copy shall be distributed to each of the following: the applicant, the Zoning Administrator, the City Clerk, and the City Council. Only upon approval by the City Council may a Special Use Permit be issued by the Zoning Administrator. 

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SECTION 8.12 PERMIT EXPIRATION 

A Special Use Permit issued pursuant to the requirements of the Ordinance shall be valid for a period of one (1) year from the date of issuance of said permit until the project is completed and then shall be valid in perpetuity and run with the land. If construction or use has not commenced and proceeded meaningfully toward completion by the end of this period, the Special Use Permit shall be null and void. An unfulfilled Special Use Permit may be renewed for acceptable reasons by the City Council for a period of time not to exceed two (2) years. 

SECTION 8.13 BINDING EFFECT 

Any Special Use Permit approved by the City Council pursuant to the provisions of this Ordinance shall be binding between the parties, and said use shall not be modified, altered, expanded, or otherwise changed, unless the Special Use Permit holder obtains a new or amended Special Land Use Permit in accordance with the procedures of this Chapter. Further, such conditions shall run with the land, and shall be binding on the landowner, his successors, heirs and assigns. If at any time during the existence of a permitted special land use the land, lot, or structures are used contrary to the conditions and provisions of the permit, said use shall be deemed a violation of the Special Use Permit and the permit may be revoked and the previously permitted special use activities shall cease. 

SECTION 8.14 INSPECTIONS 

The Zoning Administrator shall be responsible for the inspection of all conditions imposed by the Special Use Permit and for all improvements required by the approved final site plan. All subgrade improvements, such as utilities, subbase and base installations for streets, drives, and parking lots, and similar improvements shall be 

inspected by the Zoning Administrator or other appropriate official or individual and approved before covering. It is the responsibility of the applicant to request such necessary inspections at the appropriate times. The Zoning Administrator shall report periodically to the City Council and Commission on the progress of each Special Use Permit. He shall notify the City Council and Commission in writing of any failure on the part of the applicant to meet the requirement of the site plan and Special Use Permit, and report on steps being taken to ensure compliance. The fees established by the City Council may include an amount to cover such inspections. 

SECTION 8.15 FINANCIAL GUARANTEES 

In the interest of ensuring compliance with the provisions of this Ordinance, protecting the natural resources and the health, safety, and welfare of the residents of the City and future users or inhabitants of an area for which a proposed Special Use Permit has been submitted, the City Council may require the applicant to: 

A. Deposit a performance guarantee as set forth herein. The purpose of the performance guarantee is to ensure completion of improvements connected with the proposed use as required by this Ordinance, including, but not limited to roadways, lighting, utilities, sidewalks, drainage, fences, berms, screens, walls, landscaping, and reclamation. 

1. Performance guarantee as used herein shall mean a cash deposit, certified check, or irrevocable bank letter of credit in the amount of the estimated cost of any improvements to be made as determined by the applicant and verified by the City Council. 

2. The performance guarantee shall be deposited with the City Council at the time of the issuance of the permit authorizing the activity or project. No Special Use Permit may be issued before the receipt of all required performance guarantees by the City Council. 

3. An approved Special Use Permit shall also prescribe the period of time within which the improvements for which the performance guarantee has been required are to be completed. The period will begin from the date of issuance of the permit. 

4. In the event the performance guarantee deposited is a cash deposit or certified check and the improvement for which the guarantee is provided will be done over an extended period of time, the City Council shall rebate to the applicant fifty (50%) percent of the deposited funds when sixty (60%) percent of the required improvements are completed as confirmed by the City Council, and the remaining fifty (50%) percent of the deposited funds when one hundred (100%) percent of the required improvements are completed as confirmed by the City Council. If a request is made by 

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the applicant for a temporary certificate of occupancy without completion of the required improvements, the performance guarantee may be applied by the applicant to assure compliance with the standards of this Ordinance and the specifications of the approved site plan. 

5. Upon the satisfactory completion of the improvements for which the performance guarantee was required, the City Council shall return to the applicant the performance guarantee deposited and any interest earned thereon. 

6. In the event the applicant defaults in making the improvements for which the performance guarantee was required within the time period as agreed to in the site plan, the City shall have the right to use the performance guarantee deposited and any interest earned thereon to complete the improvement through contract or otherwise, including specifically the right to enter upon the subject property to make the improvements. Should the City use the performance guarantee or a portion thereof to complete the required improvements, any amounts remaining after said completion shall be applied first to City administrative costs in completing the improvements, with any balance remaining being refunded to the applicant. If the performance guarantee is not sufficient to allow the City to complete the improvements for which it was posted, the applicant shall be required to pay the City the amounts by which the costs of completing the improvement exceeds the amount of the performance guarantee deposited. The costs shall be billed to the permit holder and a lien placed against the subject property. If unpaid, the costs shall be collected in the same manner as delinquent taxes or as allowed by law. 

SECTION 8.16 OTHER SPECIAL USES 

Land and structural uses that are not specified in any other section of this Ordinance, but upon being applied for under the provisions of Chapter 8, may be considered by the City Council and City Council as long as they meet all the conditions and requirements of this Chapter and the spirit and intent of the Ordinance. 

SECTION 8.17 SPECIFIC SPECIAL USE REQUIREMENTS 

A. MARIJUANA USES 

1. Uses allowed by Special Use approval in the City of Omer: 

a. MMFLA Medical and MRTMA Adult-Use Marijuana Grower 

b. MMFLA Medical and MRTMA Adult-Use Marijuana Processor 

c. MMFLA Medical and MRTMA Adult-Use Marijuana Secure Transporter 

d. MMFLA Medical and MRTMA Adult-Use Marijuana Safety Compliance Facility 

e. MMFLA Medical Provisioning Center and MRTMA Adult-Use Retailer 

f. MRTMA Microbusiness 

g. MRTMA Excess Marijuana Grower 

Specific uses are designated by district. (see Chapter 5) 

2. Marijuana Facility and Establishment Requirements: 

a. A Medical and/or Adult-Use Marijuana Grower. Marijuana Processor, Marijuana Provisioning Center and/or Retailer Establishment, Marijuana Secure Transporter. Marijuana Safety 

Compliance Facility, Temporary Marijuana Event and Designated Marijuana Consumption Establishment, in accordance with the provisions of State law, may be permitted through the issuance of a special land use permit pursuant to Chapter 8 of the City of Omer Zoning 

Ordinance, in the specified zones, provided that: 

1) Any uses or activities found by the State of Michigan or a court with jurisdiction to be unconstitutional or otherwise not permitted by State law may not be permitted by The 

City of Omer. In the event that a court with jurisdiction declares some or all of this article invalid, then the City of Omer shall suspend the acceptance of applications for special 

land use permits pending the resolution of the legal issue in question. 

2) At the time of application for the special land use permit the Marijuana Facility and/or Establishment must be in compliance with the laws of the State of Michigan, including 

but not limited to, the Michigan Medical Marijuana Act, MCL 333.26421. et seg.: the 

Medical Marijuana Facilities licensing Act. MCL 333.27101, et seg.; the Marijuana 

Tracking Act. MCL 333.27901. et seg.: the Michigan Regulation and Taxation of 

Marijuana Act, MCL 333.27951. et seq. and all other applicable rules promulgated by the The City of Omer 51 Zoning Ordinance

State of Michigan. 

3) At the time of application for a special land use permit (SLUP), the Marijuana Facility and/or Establishment must have the City of Omer permit application concurrently in 

process with the special land use permit and site plan approval and then must be at all 

times in compliance with all the ordinances of the City of Omer. 

4) A Marijuana Facility and/or Establishment, or activities associated with the licensed growing, processing, testing, sales, or consumption of marijuana may NOT be permitted as a home occupation or accessory use nor may they include accessory uses, except as 

otherwise provided in this ordinance. Secure Transporters are permitted as home 

occupations where home occupations are allowed by the City of Omer Zoning Ordinance. 5) Signage requirements for Marijuana Facilities and Establishments: No pictures, 

photographs, drawings or other depictions of marijuana or marijuana paraphernalia shall appear on the outside of any Facility or Establishment, nor be visible from outside the 

premises. Signage must also comply with Chapter 7 of the City of Omer Zoning 

Ordinance. 

6) Security – Medical Marijuana and Adult-Use Permit Holders shall at all 

times maintain a security system that meets State Law Requirements and 

shall also include the following. 

a. Security surveillance cameras installed to monitor all entrances, along with 

the interior and exterior of the Permitted Premises; 

b. Robbery and burglary alarm systems which are professionally monitored 

and operated 24 hours a day, 7 days a week; 

c. A locking safe permanently affixed to the permitted premises that shall store all 

cash remaining in the Permitted Premises when it is not open; 

d. For usable marijuana - dedicated, separate, locked storage that is hidden from view 

when the Permitted Premises is not open; 

e. All marijuana in whatever form stored at the Permitted Premises shall be kept in a 

secure manner and shall not be visible from outside the facility or Establishment, 

nor shall it be grown, processed, exchanged, transferred, displayed or dispensed 

outside the Permitted Premises; 

f. All security recordings and documentation shall be preserved for a minimum 48 

hours by the permit holder and made available to any law enforcement upon 

request for inspection. 

7) All Marijuana Facilities and Establishments, with the exception of Secure Transporters and outdoor growers, must comply with the following requirements to ensure no 

marijuana odor is detectable at the property line of the permitted premises. As used in 

this subsection, building means the building, or portion thereof, used for marijuana 

growing, processing or storage. 

a. The building shall be equipped with an activated carbon filtration system for odor 

control to ensure that air leaving the building through an exhaust vent first passes 

through an activated carbon filter. 

b. The filtration system shall be maintained in working order and shall be in use. The 

filters shall be changed a minimum of once every 365 days. 

c. Negative air pressure shall be maintained inside the building. 

d. Doors and windows shall remain closed, except for the minimum length of time 

needed to allow people to ingress or egress the building. 

e. An alternative odor control system is permitted if the special use permit applicant 

submits, and the municipality accepts a report by a mechanical engineer licensed in 

the state of Michigan demonstrating that the alternative system will control odor as 

well or better than the activated carbon filtration system otherwise required. The 

municipality may hire an outside expert to review the alternative system design and 

advise as to its comparability and whether in the opinion of the expert it should be 

accepted. 

b. MMFLA and MRTMA Marijuana Growers shall be subject to the following standards: 1) Indoor Grow Facilities and Establishments 

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a. Lighting. Light cast by light fixtures inside any building used for marijuana 

production or marijuana processing shall not be visible outside the building from 

dusk to dawn the following day 

2) Outdoor Grow Facilities and Establishment regulations may be promulgated by 

the City. 

c. MMFLA and MRTMA Marijuana processors shall be subject to the following standards: 1) Marijuana processing shall be located entirely within one or more completely enclosed buildings. 

2) Lighting. Light cast by light fixtures inside any building used for marijuana production or marijuana processing shall not be visible outside the building from dusk to dawn the 

following day. 

d. MMFLA Marijuana Provisioning Centers, MRTMA Retailer Establishments and MRTMA Microbusinesses shall be subject to the following standards: 

1) Hours of Operation - A Microbusiness, Provisioning Center and/or Retailer 

Establishment may only sell to consumers or allow consumers to be present in the 

building space occupied by the Permit Holder between the hours of 8:00 a.m. and 8:00 

p.m. if so required by the State of Michigan. 

2) Indoor activities - All activities of a Microbusiness, Provisioning Center and/or Retailer Establishment, including all transfers of marijuana, shall be conducted within the 

structure and out of public view. A Microbusiness, Provisioning Center and/or Retailer 

Establishment shall not have a walk-up window. 

3) Other Activities - Marijuana, alcohol or tobacco products shall not be smoked, 

ingested, or otherwise be consumed in the building space occupied by the 

Microbusiness, Provisioning Center and/or Retailer Establishment. 

4) Physical Appearance - The exterior appearance of the structure shall remain compatible with the exterior appearance of structures already constructed or under construction 

within the immediate area. The exterior shall be maintained as to prevent blight or 

deterioration or substantial diminishment of property values within the immediate area. 

5) Buffer Zones - A Microbusiness, Provisioning Center and/or Retailer Establishment shall not be located within five hundred (500) feet of any building on an adjacent 

property comprising a Church, house of worship or other religious facility or a State 

licensed childcare center or preschool, if such uses are in existence at the time the 

Establishment is commenced, with the minimum distance between uses measured 

horizontally between the Permitted Premises and the nearest occupied building. 

e. MMFLA and MRTMA Marijuana Safety Compliance Facilities shall be subject to the following standards: 

1) All activities of a Marijuana Safety Compliance Facility, including all transfers of 

marijuana, shall be conducted within the structure and out of public view. 

f. MMFLA and MRTMA Marijuana Secure Transporters shall be subject to the following standards: 

1) No vehicle may be used for the ongoing or continuous storage of marijuana, but may only be used incidental to, and in furtherance of, the transportation of marijuana. 

2) Vehicles used for the transport of marijuana must be stored indoors when not in use. 

g. Additional Conditions. The City of Omer Planning Commission or City Council may impose such reasonable terms and conditions on a Commercial Medical Marijuana Facility and/or Adult-Use Marijuana Establishment special use as may be necessary to protect the public health, safety, and welfare, and to obtain compliance with the requirements of this ordinance and applicable laws. 

h. Special Land Use Permit Requirements - In addition to the items to be provided for a Special Use Permit according to Chapter 8, the applicant shall also provide a business operations plan that includes the following: 

1) A description of the type of Facility and/or Establishment proposed and the anticipated The City of Omer 53 Zoning Ordinance

or actual number of employees. 

2) A security plan meeting the requirements of this ordinance and the State of Michigan. 3) A description by category of all products to be sold. 

4) A list of the Material Safety Data Sheets for all nutrients, pesticides, and other 

chemicals to be used in the Permitted Premises. 

5) A description and plan of all equipment and methods that will be employed to 

minimize any impact to adjacent uses, including but not limited to odor. 

6) A plan for disposal of marijuana and related byproducts that will be used at the 

proposed Facility and/or Establishment. 

B. PUBLIC UTILITY FACILITIES AND WIND CONVERSION SYSTEMS 

1. INTENT AND PURPOSE 

a. The intent of these regulations is to protect the health, safety, and welfare of the residents of the City and to encourage the safe, effective, efficient and orderly development and operation of wind energy resources in the City while preserving and protecting the character and the stability of residential, agricultural, recreational, commercial and other areas within the City. 

b. With advances in technology of wind energy development in general, specific locations within the City may support the implementation of Utility Grid Wind Energy Systems. To prepare for potential “wind development projects” within the City, these regulations will require such developments to obtain a Special Use Permit to ensure wind development sites are 

appropriately located so as to protect the character and stability of the City’s residential, 

agricultural, recreational, commercial and/or industrial areas and character while 

simultaneously preserving and protecting the City’s important and sensitive environmental and ecological assets and areas, open space, viewscapes and aesthetics, wetlands, and other ecological and environmentally sensitive areas. City residents are especially apprehensive regarding the effects of WECS night lighting on the health, safety and welfare of City 

residents. Accordingly, regulations are necessary to further the above goals and, equally important, to minimize the potential adverse effects of this land use upon adjacent properties. 

2. FINDINGS 

a. These regulations have been developed with the intention of obtaining an appropriate balance between the desire for renewable energy resources and the need to protect the health, safety, and welfare of the community and the character and stability of the City’s residential, 

agricultural, recreational, commercial and/or industrial areas and preserving and protecting the City’s important and sensitive environmental and ecological assets and areas, open space, viewscapes and aesthetics, wetlands, and other ecological and environmentally sensitive areas. 

b. Based on evidence presented in this State and others concerning the adverse secondary effects of wind energy systems on communities, including, but not limited to, findings from the “Wind Turbine Health Impact Study: Report of Independent Expert Panel,” prepared for the Massachusetts Department of Environmental Protection (2012); “Strategic Health Impact Assessment on Wind Energy Development in Oregon,” prepared for the State of Oregon (2012); “Potential impact on the Public’s Health from Sound Associated with Wind Turbine Facilities,” prepared for the State of Vermont’s Department of Health (2010); “Analysis of the Research on the Health Effects from Wind Turbines, Including Effects From Noise,” prepared for the Maine Department of Health and Human Services (2012); “Adverse Health Effects of Industrial Wind Turbines,” 59 Can Fam Physician 473-475 (2013); “Infrasound From Wind Turbines Could Affect Humans,” 31(4) Bulletin Science, Technology and Society, 296-302 (2011), the following are among the potential harmful secondary effects of wind energy 

systems: 

1) Falling ice or “ice throws” is physically harmful and measures should be taken to 

protect the public from the risk of “ice throws.” 

2) Nighttime wind turbine noise and night lighting can cause sleep disturbance. Generally, sleep disturbance can adversely affect mood, cognitive functioning and one’s overall 

sense of health and well-being. Chronic stress and sleep disturbance could increase the 

risk for cardiovascular disease, decreased immune function, endocrine disorders, and 

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mental illness. In addition, possible health effects include increased heart rate, 

insomnia, fatigue, accidents, reduction in performance and depression. 

3) Sound from wind energy facilities could potentially impact people’s health and well being if it increases background sound levels by more than 10 dB(A) or results in long 

term outdoor community sound levels above 35-40 dB(A). 

4) There is evidence that wind turbine sound is more noticeable, annoying, and disturbing than other community industrial sounds at the same level of loudness. 

5) People who live near wind turbines are more likely to be impacted by wind turbine 

than would those far away. 

6) Alternating changes in light intensity caused by the moving blades of wind turbines on the ground and stationary objects, also known as shadow flicker, can cause health 

issues. 

7) The City desires to protect ecological and environmentally sensitive areas in the City, including, but not limited to, habitats for endangered species or heavily used migration 

routes for species of waterfowl and other migratory birds (some of which are protected 

species), including tundra swans and sand hill cranes. Thus, the City has determined 

that wind development sites can adversely impact wildlife and their habitats and makes 

evaluation of proposed wind development sites essential. The City finds that any wind 

development sites should have the lowest potential for negative impacts on wildlife 

resources and avoid locations with higher concentrations of migratory birds. Further, 

any wind development sites that would fragment sensitive habitat areas, like rivers, 

streams, and wetlands, should be avoided. 

8) The general welfare, health, and safety of the citizens of the City will be promoted by the enactment of these regulations. 

3. PUBLIC UTILITIES 

a. Transmission lines, sewer lines, water mains, pumping stations, substations, poles, and related equipment owned or provided by public utility companies or by the City shall be permitted in all zoning districts. Any equipment enclosures, substations, equipment storage buildings or similar structures shall be subject to the site plan review requirements of Chapter 9. All 

battery or energy storage facilities, communication towers or commercial wind energy 

conversion systems operated by public utility companies shall be subject to the requirements of section “Public Utility and Wind Energy Conversion Systems (WECS)”. Unless 

specifically noted, all WECS permit information and supporting documentation shall be allocated reasonable City review time based on project complexity and outside expertise review. Requirements shall be presented in written form and allow minimum thirty (30) days before City discussion. City may at its discretion review provided documents sooner than thirty (30) days. Providing documents without time for the City Council to review shall result in permit denial and require WECS applicant to reapply. Each ordinance section requires approval by the City Council unless otherwise noted. City shall review all documentation to assure that residents’ health, welfare, and safety are not negatively impinged. 

4. EXEMPT TOWERS AND WIND ENERGY CONVERSION SYSTEMS (WECS) a. Communication towers, antennas, wind energy conversion systems (windmills, turbines) and related facilities located on the premises of a farm, home, or business and which do not 

involve the sale of electricity or communication services off the premises shall be exempt from the requirements of section “Public Utility and Wind Energy Conversion Systems 

(WECS)” except for the requirement to comply with “Noise” sections 23 (a) and 23 (b). Such units shall be allowed as a permitted accessory use in all zoning districts, providing the 

electricity or communication services are primarily used on site for a farm, home or business. In the case of a WECS, the total height with the blade fully extended (Tip Height) shall not exceed one hundred thirty (130) feet, and the minimum clearance from ground level to the blade at its lowest point shall be twenty (20) feet. The minimum set-back from property lines and road right of way lines shall be equal to three (3) times the Tip Height of the unit. 

5. COMMERCIAL WIND ENERGY CONVERSION SYSTEMS (WECS) APPLICATION a. Wind energy conversion systems and WECS testing facilities, other than those exempted 

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under section 4. “Exempt Towers and Wind Energy Conversion Systems (WECS)”, shall be allowed as special uses in the Agricultural/Residential Zoning District. An application for a special use permit shall be filed with the City pursuant to Chapter 8 as to Special Use 

approvals. Supporting data and documentation must be submitted in their entirety at time of application. Applicant shall provide to the City updated documents throughout the lifespan of the WECS upon request by the City Council or Planning Commission. Applicant shall also include the following: 

1) Permitting Costs: An escrow account shall be set up when the Applicant applies for a Special Use Permit for a WECS and WECS Testing Facilities. The monetary amount 

filed by the Applicant with the City shall be in an amount estimated by the City 

Council to cover all reasonable costs and expenses associated with the special use 

zoning review and approval process, which costs can include, but are not limited to, 

fees of the City Attorney, City Planner, and City Engineer, as well as any reports or 

studies which the City anticipates it may have done related to the zoning review 

process for the particular application. Such escrow amount shall include regularly 

established fees. At any point during the zoning review process, the City may require 

that the Applicant place additional monies into the City escrow should the existing 

escrow amount filed by the Applicant prove insufficient. If the escrow account needs 

replenishing and the Applicant refuses to do so within fourteen (14) days after 

receiving notice, the zoning review and approval process shall cease until and unless 

the Applicant makes the required escrow deposit. Any escrow amounts which are in 

excess of actual costs shall be returned to the Applicant within ninety (90) days of 

permitting process completion. An itemized billing of all expenses shall be provided to 

the Applicant. The City shall hire qualified professionals for each and any of the 

technical fields associated with the Special Use Permit, such as, but not limited to, 

electrical, acoustics, environment, economics, wildlife, health, and land-use. 

2) Environmental Assessment: The Applicant shall fund an environmental assessment or impact study and other relevant report(s) or studies (including, but not limited to, 

assessing the potential impact on endangered species, eagles, birds, and/or other 

wildlife) as require by the City for review. Studies shall be limited to the area within 

three (3) miles outside the City boundaries. 

3) Sound Study: A background (ambient) sound study shall be performed, and a report provided which indicates Leq 1 second, L10, and L90 sound levels using A-weighting 

and C-weighting. Data shall be collected at midpoints along property lines of adjoining 

Non-Participating and Landowners Participating. Measurement procedures are to 

follow the most recent versions of ANSI S12.18 and ANSI S12.9, Part 3 guideline 

(with an observer present). Measurements shall be taken using an ANSI or IEC Type 1 

Precision Integrating Sound Level Meter. The study must include a minimum of a 

four-day (96 hour) testing period, include one Sunday, and divide data by daytime and 

nighttime. The sound background study shall report for the period of the monitoring 

topography, temperature, weather patterns, sources of ambient sound, and prevailing 

wind direction. 

4) Economic Impact: The Applicant shall fund and provide an economic impact study for the area affected by the WECS project. Such a study shall include probable financial 

impact regarding jobs, tax revenue, lease payments and property values at a minimum. 

Business and residential growth potential shall be considered. 

5) Site Plan: The Applicant shall submit a site plan prepared by a licensed civil engineer in full compliance with Chapter 9 of this Ordinance. The Applicant shall also submit a 

written explanation of the design characteristics and the ability of the structure(s) and 

attendant facilities to withstand winds, ice and other naturally occurring hazards, as 

well as information regarding health, welfare and safety in areas including, but not 

limited to, noise, vibration, shadow flicker, and blade ice deposits. This information 

shall also address the potential for the WECS to structurally fail or collapse, and what 

results should be expected in such an event. Additional requirements for a WECS site 

plan are as follows: 

a. Building Siting: GIS locations and height of all proposed buildings, 

structures, electrical lines, towers, guy wires, guy wire anchors, security 

fencing, and other above-ground structures associated with the WECS. 

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b. Nearby Building Siting: GIS locations and height of all adjacent buildings, 

structures, and above ground utilities located within three (3) times 

minimum set-back distance for Non-Participating Landowners where the 

proposed WECS and WECS Testing Facility will be located. The location 

of all existing and proposed overhead and underground electrical 

transmission or distribution lines shall be shown, whether to be utilized or 

not with the WECS or Testing Facility, located on the lot or parcel 

involved. 

c. Access Driveways: GIS location of WECS and Testing Facility access 

driveways together with details regarding dimensions, composition, and 

maintenance of the proposed driveways. The site plan shall include traffic 

routes, time of the year use, staging areas, and any other physical sites 

related to WECS. Construction of the Access Driveway that serves a 

WECS or Testing Facility is required to protect the public health, safety, 

and welfare by offering an adequate means by which governmental 

agencies may readily access the site in the event of an emergency. All such 

roads shall be constructed to allow access at all times by any emergency 

service vehicles, such as fire, police, and repair. Access driveways shall be 

no closer than 50’ to an adjacent property unless Applicant provides 

documentation in the form of a signed approval by affected Participating 

and Non-Participating Landowners. Such approval shall be recorded with 

the Arenac County Register of Deeds using only the WECS Waiver Form. 

d. Facility Security: Security measures shall be sufficient to prevent 

unauthorized trespass and to protect health, welfare, and safety. 

e. Maintenance Program and Resolution Program: The Applicant shall 

provide to the City a written description of the potential problems and 

failures program to be used to resolve a WECS and WECS Testing Facility 

issue, including procedures and schedules for removal of the WECS 

structure when determined to be obsolete, dangerous, or abandoned. 

f. Site Lighting: A lighting plan for each WECS and Testing Facility. Such 

plan must describe all lighting that will be utilized and documentation that 

FAA requirements are met. RADAR activated lighting shall be utilized if 

allowed by FAA. Such a plan shall include, but is not limited to, the 

planned number and location of lights, light color, activation methods, 

effect on City residents and whether any lights blink. Due to complexity in 

describing lighting effects for health, welfare, and safety, Applicant shall, if 

available, provide example locations with product descriptions, where 

similar, or proposed, lighting solutions are currently deployed. Lighting 

shall be fully shielded from ground, be FAA compliant, and be of most 

current design to minimize lighting blinking and brightness nuisance. 

Flashing night lights are prohibited. 

g. Proof of documents recorded at the Arenac County Register of Deeds 

utilizing Chapter 8 WECS Waiver Form. 

h. Supplemental: Additional detail(s) and information as requested by the City 

Council. 

6) Site Insurance: The Applicant shall provide proof of insurance for each WECS at all times for at least $2,000,000 for liability, property damage, livestock damage, and 

future earnings loss. Applicant shall provide yearly proof of insurance to City that 

confirms active coverage for the Applicant, City, Participating Landowners, and 

Non-Participating Landowners. Aggregate policies are allowed if minimum coverage per WECS is satisfied, and coverage is provided for every site where Applicant’s 

equipment is located. 

7) Removal Insurance (decommissioning): To ensure proper removal of each WECS structure when it is abandoned or non-operational, application shall include a proof of the financial security in effect before permit is approved. The security company shall be licensed in the State of Michigan and the required insurance shall be in the form of 

The City of Omer 57 Zoning Ordinance

1) cash deposit or 2) performance (surety) bond selected by the City Council and 

bonded by a top institution from the Department of the Treasury's Listing of Approved Sureties -Department Circular 570, T-list. The duration of the security shall be termed to the removal of each WECS as stated in the ordinance. Additionally, security is based on each WECS and is to be backed by owner assets, operator assets, parent company 

assets, and leaseholder assets approved by the City Council. 

a. The amount of each WECS security guarantee (surety) shall be the average 

of at least two independent (of Applicant) demolition removal quotes, 

obtained by the City Council and approved by the Planning Commission, 

plus 10%. For example, if the quantity of quotes obtained is two, the 

formula shall be: quote 1 + quote 2 ÷ 2 x 1.10. The security guarantee shall 

be no less than $800,000 per WECS. Quotes shall be based on individual 

WECS removal and shall not group multiple simultaneous WECS removals 

together. Quotes shall be ordered and obtained by the City from established 

demolitions companies. Quotes shall not include salvage values. Security 

guarantee shall be updated every five (5) years at the rate of 1.5 times CPI 

(consumer price index) for each year. 

b. Such financial guarantee shall be deposited or filed with the City Clerk 

after a special use has been approved and before construction operations 

begin on the WECS project. Failure to keep such financial security in full 

force and effect at all times while the structure exists shall constitute a 

material and significant violation of a special use approval and of this 

ordinance and shall subject the Applicant to all available remedies to the 

City, including enforcement action, fines, revocation of the special use 

approval and WECS removal. 

c. The Applicant shall be responsible for the payment of all attorney fees and 

other costs incurred by the City in the event that the structure is not 

voluntarily removed and the City has to enforce removal. 

d. In the event the WECS owner, operator, parent company, performance bond 

company defaults on any or all of the previously outlined decommissioning 

requirements, the Participating Landowner upon which each WECS is 

located shall be responsible and liable for the removal of each WECS. 

Failure of the Participating Landowner to comply with the removal and 

decommissioning guidelines shall result in the City having the WECS 

removed at the expense of the Participating Landowner. If funding is not 

available to cover the costs of removal by the Participating Landowner, 

legal action to pursue the seizure of Participating Landowner property(ies) 

will take place to cover such costs. 

8) Safety Manual: The Applicant shall provide an unredacted copy of the manufacturer’s safety manual for each model of turbine without distribution restraints to be kept at the City Hall and other locations deemed necessary by City Council or local first 

responders. The Manual shall include standard details for an industrial site such as 

materials, chemicals, fire, access, safe distances during WECS failure, processes in 

emergencies, etc. The Applicant shall provide information and training to the City or 

area Fire Department regarding fire and other possible hazards associated with the 

WECS. 

9) Repair Policy Documentation: Applicant shall provide a detailed policy and process book for the repair, replacement, and removal of malfunctioning, defective, worn, or 

non- compliant WECS. Sections of the process book should consider any ordinance 

requirement or WECS performance deficiency. 

10) Noise: Applicant shall provide an initial sound modeling report and a post-construction report for the project with a schedule and documentation which adhere to the 

following: 

a. Chart outlining ordinance requirements and a description of compliance or 

non- compliance. 

b. Declaration whether submitted data is modeled or measured. 

c. Declaration of values, test methods, data sources, and similar information 

The City of Omer 58 Zoning Ordinance

for all modeled or measured data. 

d. Estimated timeline for project including ordinance requirements completed, 

construction, post construction, and validation testing. 

e. Applicant measured data shall be accompanied by SCADA data confirming 

full power during testing. Unless otherwise requested, minimum SCADA 

data format shall be grouped in 24hr periods and 1 second intervals 

including wind vector, wind speed, temperature, humidity, time-of-day, 

WECS power output, WECS amps, WECS volts, WECS nacelle vector, 

WECS blade RPM, WECS blade pitch. 

f. Permitting data may be submitted based on WECS manufacturer data. 

However, measured data from active and similar WECS facilities shall be 

simultaneously submitted. 

g. It is acknowledged that WECS units sustain wear over time. Applicant is to 

submit data from existing and similar WECS installations showing aged 

sound measurements (to demonstrate compliance potential over the life of 

WECS) in accordance with this ordinance for 5, 10, and 15-year-old units. 

h. Modeling factors shall be set for the worst-case environment, such as high 

humidity, frozen ground (non-porous), atmospheric variances (atmospheric 

profile Pasquil Stability Class E or F preferred), elevated noise source and 

no ground cover. Use of modeling methods (standards) shall have 

deficiencies (limitations) fully disclosed and shall include known error 

margins. Non-disclosure of modeling method deficiencies shall require 

resubmission of SUP application in its entirety with complete modeling 

deficiencies disclosed. 

The City of Omer 59 Zoning Ordinance

6. COMMERCIAL WIND ENERGY CONVERSION SYSTEMS (WECS) STANDARDS AND REQUIREMENTS 

a. The WECS project shall meet the following standards and requirements: 

1) Set-Back: The minimum set-back from any property line of a Non-Participating 

Landowner or any road right-of-way shall be no less than 2,000 feet unless Applicant 

provides documentation in the form of a signed approval by affected Participating and Non-Participating Landowners waiving these requirements. Documents in full shall be recorded, using only the WECS Waiver Form, with the Arenac County Register of 

Deeds. For WECS, use turbine pole centerline as WECS measuring point. 

2) Density: A proposed WECS shall be one-half mile from the nearest existing WECS. Only two (2) WECS shall be allowed per square mile. 

3) Ground Clearance: The minimum clearance from ground level to the blade at its lowest point shall be one hundred (100) feet. 

4) Applicant Compliance: The WECS and related equipment shall comply with any and all State, Federal, County and City requirements. 

5) Blade Clearance: Blade arcs created by a WECS shall have a minimum of one hundred (100') feet of clearance over and from any structure. 

6) Braking: Each WECS shall be equipped with a braking, or equivalent device, capable of stopping the WECS operation in high winds with or without SCADA control. 

Braking system shall be effective during complete grid power failure where WECS are unable to communicate with SCADA control or receive power. 

7) Identification Signage: Each WECS and Testing Facility shall have one sign per 

turbine, or tower, located at the roadside and one sign attached to base of each WECS, easily visible throughout all four seasons. Signs shall be at least two square feet in area. Signs shall be the same and shall uniquely identify each WECS. Signage shall comply with Chapter 7 of the Zoning Ordinance. Additional signage on and around the tower is recommended. The sign shall contain at least the following: 

a. Warning high voltage. 

b. Participating Landowner’s name, WECS owner’s name, and operator’s 

name. 

c. Emergency telephone numbers and web address. (list more than one 

number). 

d. If WECS uses fencing, place signs on the perimeter fence at fence entrance 

door. 

e. Unique identification such as the address of the WECS. If more than one 

WECS is on an access drive, units shall have further identification such that 

first responders can positively identify each one. An identification example 

is: “321 Ruger Rd, Caro, MI, Unit A” 

8) Communication Interference: Each WECS and Testing Facility shall be designed, 

constructed and operated so as not to cause radio and television or other 

communication interference. In the event that verified interference is experienced and 

confirmed by a licensed engineer, the Applicant must produce confirmation that said 

interference had been resolved to property owner’s satisfaction within ninety (90) days of receipt of the complaint. Any such complaints shall follow the process stated in 

Complaint Resolution section F.18. 

9) Infrastructure Wiring: All electrical connection systems and lines from the WECS to the electrical grid connection shall be located and maintained underground. Burial 

depth shall be at a depth that causes no known environmental, land use, or safety 

issues. Depth shall be a minimum of six (6) feet below grade, be deeper than drain tile and be in compliance with NEC 2014 or newer Code standards. The City Council may waive the burial requirement and allow above-ground systems in limited 

circumstances, such as unworkable geography or a demonstrated benefit to the City. 

The waiver shall not be granted solely on cost savings to Applicant. Request for 

variation shall consider aesthetics, future use of land, and effect on nearby landowners. 10) Road Damage: Any damage to a public road located within the City resulting from the construction, maintenance, or operation of a WECS or Testing Facility shall be repaired the Applicant/Owner’s expense pursuant to Arenac County Road Commission 

requirements within ninety (90) days of project completion, or maintenance 

The City of Omer 60 Zoning Ordinance

completion. In difficult circumstances, the City may allow repairs to exceed 90 days, 

but no repairs shall exceed 365 days from project commencement or maintenance 

completion. 

11) Liability Insurance: The current WECS owner and operator shall insure for liability for the WECS without interruption until removed and comply with section “Site 

Insurance” to protect the current WECS owner and operator, the City and the property owner. 

12) Coating and Color: A WECS shall be painted a non-obtrusive (light environmental color such as beige, gray or off-white) color that is non-reflective. The wind turbine 

base and blades shall be of a color consistent with all other turbines in the area, if any. 

No striping of color or advertisement shall be visible on the blades or tower. 

13) Strobe Effect: Under no circumstances, shall a WECS or Testing Facility produce 

shadow flicker, or strobe-effect, on properties without a signed release from affected 

Participating and Non-Participating Landowners. Such releases shall be recorded with the Arenac County Register of Deeds waiving these requirements. Documents in full 

shall be recorded with the Arenac County Register of Deeds using only the WECS 

Waiver Form. 

14) Voltage: The Applicant shall be responsible for compensation to residents for property, including livestock, health or other damage by stray voltage caused by a WECS. The 

Applicant shall demonstrate WECS prohibits stray voltage, surge voltage, and power 

from entering ground. 

15) Protection of Adjoining Property: In addition to the other requirements and standards contained in this section, the City Council shall not approve any WECS or Testing 

Facility unless it finds that the WECS or Testing Facility will not pose a safety hazard 

or unreasonable risk of harm to the occupants of any adjoining properties or to wildlife on adjoining properties. 

16) Removal and Site Renovation: A condition of every WECS approval shall be adequate provision for the removal of the structure and appurtenances in their entirety whenever it ceases to produce power for one hundred eighty (180) days or more. The City 

Council can grant an extension of an additional one hundred eighty (180) days upon the WECS owner demonstrating that the structure will be put back into use. Removal shall include the proper receipt of a demolition permit from the City code authority and 

proper restoration of the site to original condition. Removal of the structure, wiring, 

and its accessory use facilities shall include removing the tower caisson and all other 

components in their entirety. Restoration must be completed within 365 days of 

non-operation. 

a. Participating Landowners may waive complete underground wiring 

removal if they can demonstrate that any and all remaining underground 

wiring will not negatively affect the environment, such as but not limited 

to, water quality, natural water flow, or area wildlife. Participating 

Landowner shall execute a waiver and record same in full with Arenac 

County Register of Deeds waiving these requirements. 

17) Aesthetic and Scenic Vista: The maximum Tip Height of any WECS or WECS Testing Facility shall not exceed 450 ft. 

18) Operational, Maintenance, and Issue Resolution: Each WECS and Testing Facility must be kept and maintained in good repair and condition at all times. If a WECS is not maintained in operational and reasonable condition or poses a potential safety hazard, 

the Applicant shall take expeditious action to correct the situation, including a WECS 

removal. The Applicant shall keep a maintenance log on each WECS and shall provide the complete log to the City within thirty (30) days of request. Any inspection of a 

WECS requiring inspection by a City expert shall be at the expense of the facility 

owner/operator. 

19) Complaint Resolution: A complaint resolution process shall be established by the City as follows: 

a. Receiving and Forwarding of Complaints: A third party answering 

switchboard, website or equivalent, paid for by the Applicant or WECS or 

Testing Facility owner shall be established. The cost to maintain and 

support this shall be funded in the amount of $10,000.00 as approved by 

The City of Omer 61 Zoning Ordinance

the City and be replenished at least every five (5) years by the Applicant or 

WECS owner. The complaint resolution process shall be independent of the 

facility operator or owner and shall report to the City first and WECS 

operator second. 

b. Investigation of Complaints: City shall initiate an investigation into a 

complaint within sixty (60) days, utilizing escrow funds, to hire the 

appropriate expert(s). 

c. Hearing of Complaints: City Council shall set a hearing date within sixty 

(60) days of the completion of the Investigation of Complaints where 

experts, residents and the Applicant/Owner may present information before 

the City Council. Notice of the hearing shall be sent to the property owner, 

the facility owner/operator and to all property owners withing 3,000 feet of 

the WECS via first class mail in accordance with standards in Section 8.6A 

of the City zoning ordinance. 

d. Decision Regarding Complaints: City Council shall issue a decision and the 

required corrective actions within forty-five (45) days of the Hearing of 

Complaints. 

20) Applicant/Owner shall be required as a condition of approval to fund with the City an escrow account for investigation of complaints for, but not limited to, shadow flicker, 

stray voltage, noise, and signal interference to the amount of $15,000.00 to be used at 

the discretion of the City Council. When escrow account balance is below $5,000.00, 

City shall notify the Applicant/Owner and the Applicant/Owner shall replenish account in the amount of $15,000.00 within 45 days. 

21) Regulation of WECS Commercial and Industrial Noise: To preserve quality of life, peace, and tranquility, and protect the natural quiet of the environment. This ordinance establishes the acoustic baseline, background sound levels for project design purposes, and limits the maximum noise level emissions for commercial and industrial 

developments. Residents shall be protected from exposure to noise emitted from 

commercial and industrial development by regulating said noise. 

22) The City Council reserves the right to require a WECS Applicant/Owner to shut down any WECS unit that does not meet ordinance requirements until such WECS unit meets ordinance requirements. 

23) Complaints: If the City Council confirms a complaint and issues a corrective action, SCADA data from WECS within two miles of issue shall be required and delivered to 

City within twenty (20) days of notification. SCADA data format shall be determined 

by City, City licensed engineers, or City professional acousticians. Unless otherwise 

requested, minimum SCADA data format shall be grouped in 24hr periods and one 

second intervals including wind vector, wind speed, temperature, humidity, 

time-of-day, WECS power output, WECS amps, WECS volts, WECS nacelle vector, 

WECS blade RPM, WECS blade pitch. Fees for providing SCADA data are not to 

exceed $100/request. Residents shall have the right to also request SCADA data in at 

least the minimum format at the cost of $200/WECS per time period requested. 

Common SCADA formats shall include meteorological and performance data such as, but not limited to, temperature, humidity, power output, RPM, wind velocity, wind 

direction, and nacelle vector. Data format shall be determined by City, such as “csv” or “xlsx”. 

24) Noise: 

a. No WECS shall generate or permit to be generated audible noise that 

exceeds 40 dBA or 45 dBC (dBC to dBA ratio of 10 dB per ANSI standard 

S12.9 Part 4 Annex D) during the night, 10 pm to 7 am, for any duration, at 

a property line or any point within a non-Participating property, unless 

Applicant/Owner provides documentation in the form of a signed 

agreement by the Participating and Non-Participating Landowner waiving 

these requirements. Said documents in full shall be recorded with the 

Arenac County Register of Deeds waiving these requirements using the 

WECS Waiver Form. 

b. No WECS shall generate or permit to be generated plainly audible noise 

from commercial or industrial permitted facilities that exceeds 45 dBA or 

The City of Omer 62 Zoning Ordinance

50 dBC during the day, 7 am to 10 pm, for any duration, at a property line 

or at any point within a non-Participating property, unless Applicant/Owner 

provides documentation in the form of a signed agreement by the 

Participating and Non-Participating Landowner waiving these 

requirements. Said documents in full shall be recorded with the Arenac 

County Register of Deeds waiving these requirements using the WECS 

Waiver Form. 

c. No WECS shall generate or permit to be generated from permitted facilities 

any acoustic, vibratory, or barometric oscillations in the frequency range of 

0.1 to 1 Hz that is detectable at any time and for any duration by confirmed 

human sensation or exceeds a sound pressure level from 0.1 to 20 Hz of 50 

dB(unweighted) re 20uPA or exceeds an RMS acceleration level of 50 

dB(unweighted) re 1 micro-g by instrumentation at a Non-Participating 

Landowner’s property line or at any point within a Non-Participating 

Landowner’s property. 

d. No WECS shall generate or permit to be generated from permitted facilities 

any vibration in the low-frequency range of 0.1 to 20 Hz, including the 1, 2, 

4, 8, and 16 Hertz octave bands that is perceivable by human sensation or 

exceeds an rms acceleration level of 50 dB(unweighted) re 1 micro-g at any 

time and for any duration either due to impulsive or periodic excitation of 

structure or any other mechanism at a Non-Participating Landowner’s 

property line or at any point within a Non-Participating Landowner’s 

property. 

e. A tonal noise condition generated from permitted facilities shall be 

assessed an upward noise penalty of 5 dBA (example 42 increased to 47 

dBA) for assessment to the nighttime and daytime noise limits. 

f. A noise level measurement made in accordance with methods in section 

“NOISE MEASUREMENT AND COMPLIANCE” that is higher than 40 

dBA or 45 dBC during the nighttime hours or 45 dBA or 50 dBC during 

the daytime hours, adjusted for the penalty assessed for a tonal noise 

condition, shall constitute prima facie evidence of a nuisance. 

g. An acoustic, vibratory or barometric measurement documenting 

oscillations associated with permitted facilities with levels exceeding the 

limits in this subsection and subsection 7 below shall constitute prima facie 

evidence of a nuisance. 

h. All WECS activity shall comply with limits and restrictions anywhere at 

any time on another property unless Applicant/Owner provides 

documentation in the form of a signed approval by affected Participating 

and Non-Participating Landowners. Documents in full shall be recorded 

with the Arenac County Register of Deeds waiving these requirements 

using the WECS Waiver Form. 

i. Leq 1-sec shall be used for all measurements and modeling. 

The City of Omer 63 Zoning Ordinance

7. NOISE MEASUREMENT AND COMPLIANCE 

a. Post construction validation and compliance testing shall include a variety of ground and hub height wind speeds, at low (between 6-9mph) medium (between 9-22mph) and high (greater than 22mph). SCADA data shall be provided in the format determined by City, City licensed engineers, or City professional acousticians. Compliance noise measurements are the financial responsibility of the WECS owner of the facility and shall be independently performed by a qualified professional acoustician approved by the City Council. Compliance noise 

measurements shall not exceed the stipulated noise limits; the City shall assess for and apply tonal noise penalties when warranted. 

b. Quality: Measurements shall be attended by an observer. All noise measurements shall exclude contributions from wind on microphone, tree/leaf rustle, flowing water, and natural sounds such as tree frogs and insects. The latter two can be excluded by calculating the dBA noise level by excluding octave band measurements above the 1000 Hz band as in ANSI S12.100 3.11. The ANS-weighted sound level is obtained by eliminating values for octave bands above 1000 Hz, or one-third octave bands above 1250 Hz, and A-weighting and 

summing the remaining lower frequency bands. The wind velocity at the sound measurement microphone shall not exceed 3 m/s (7 mph, maximum) during measurements. A 7-inch or larger diameter windscreen shall be used. Instrumentation shall have an overall internal noise floor that is at least 5 dB lower than what is being measured. During testing of elevated 

sources including, but not limited to, wind turbines, the atmospheric profile shall be Pasquill Stability Class E or F preferred, Class D as alternate. 

c. Noise Level: Noise measurements shall be conducted consistent with ANSI S12.18 

Procedures for Outdoor Measurement of Sound Pressure Level and ANSI S12.9 Part3 

(Quantities and Procedures for Description and Measurement of Environmental Sound – Part 3: Short-term Measurements with an Observer Present), using Type 1 meter, A-weighting, Fast Response. 

d. Tonal Noise: Tonal noise shall be assessed using unweighted (linear) 1/3 octave band noise measurements with time-series, level-versus-time data acquisition. A measurement shall constitute prima facie evidence of a tonal noise condition if at any time (single sample or time interval) the noise spectrum of the noise source under investigation shows a 1/3 octave band exceeding the average of the two adjacent bands by 15 dB in low one-third octave bands (10–125 Hz), 8 dB in middle-frequency bands (160–400 Hz), or 5 dB in high- frequency bands (500–10,000 Hz). 

e. Sample Metric and Rate: Noise level measurements for essentially continuous non-time varying noise sources shall be acquired using the Leg (Fast) metric at a sample rate of 1-per second. For fluctuating or modulating noise sources including, but not limited to, wind 

turbines, a 10-per-second sample rate or faster shall be used. These sample rates shall apply to dBA, dBC and unweighted 1/3 octave band measurements. 

f. Reporting: Measurements of time-varying dBA and dBC noise levels and 1/3 octave band levels shall be reported with time-series level-versus-time graphs and tables. Graphs shall show the sound levels graphed as level-vs-time over a period of time sufficient to characterize the noise signature of the noise source being measured. For 1-per-second sampling, a 

5-minute-or-longer graph shall be produced. For 10-per-second sampling, a 30- 

second-or-longer graph shall be produced. Reporting shall identify, and graphs shall be clearly notated, what was heard and when the noise source is dominating the measurement. Reporting shall furnish all noise data and information on weather conditions and the Pasquil Class occurring during testing. 

8. ORDINANCE COMPLIANCE 

a. non-compliance with ordinance requirements during Special Use Permit process shall result in denial or revocation of the permit. 

b. Non-compliance with post-construction ordinance requirements shall result in permit revocation, and WECS decommissioning, and shall be subject to all applicable actions 

allowed by law. The Owner/Operator shall be responsible for attorney and expert 

investigation fees regarding any non-compliance. 

c. Nuisance compliance complaints shall be resolved after subsection F.18 “Complaint Resolution“ is completed. Applicant shall provide resolution plan within 30 days and resolve complaint within 90 days. WECS may be shut down during the resolution time to extend the 

The City of Omer 64 Zoning Ordinance

resolution time to 180 days. 

d. For non-nuisance compliance issues, and upon formal notice from City to the WECS permit holder, the WECS permit holder shall respond within thirty (30) days with resolution plan and shall have up to one hundred eighty (180) days to resolve compliance breach. Failure to resolve any compliance breach shall result in permit revocation. Unless otherwise stated, Applicant shall provide in advance and comply with ordinance requirements prior to City granting the special use permit. Conditional permits shall not be allowed. 

e. Upon change of ownership, operator, or parent company, the City shall receive from the new owner, operator or parent company notification and updated documents within 90 days 

including, but not limited to, legal proof of change, corporate legal contact, security bond updates, emergency contacts, and local contact. 

f. The owner/operator of a WECS shall submit a report to the City annually that will include: 1) The status of the WECS operation and maintenance and any planned changes to the operation 

2) The status of any complaint(s) and complaint corrective actions 

3) A confirmation of sufficient liability insurance (certificate of insurance) 

4) A confirmation of the current security guarantee. 

C. SOLAR ENERGY SYSTEMS 

1. INTENT AND PURPOSE. 

a. These regulations are intended to protect the health, safety, and welfare of the residents of the City and to encourage the safe, effective, efficient, and orderly development and operation of solar energy resources in the City while preserving and protecting the character and the 

stability of residential, agricultural, recreational, commercial and other areas within the City. b. Sunlight is utilized to generate energy through a facility consisting of one (1) or more solar devices under common ownership or operational control. Such a facility may include, but not be limited to, substations, cables/wires and other buildings and accessory structures, the main purpose of which is to supply energy on-site or to off-site customer(s). The purpose of this Subsection is to establish minimum requirements and regulations for the placement, 

construction, and modification of large Solar Energy Systems (Solar Farms), as defined in Chapter 2, while promoting the safe, effective, and efficient use of such energy facilities as a special use in specified zoning districts and to allow for and regulate individual solar panel installations 

2. SOLAR ENERGY SYSTEM DEVELOPMENT AND DESIGN STANDARDS. All Solar Energy Systems shall comply with the following regulations and design standards: 

a. Small, proprietor solar panel installations shall be allowed in all districts subject to Chapter 9 Development Site Plan Review (see Section 4.22). 

b. Solar Farm Design Standards. 

1) MINIMUM LOT SIZE. No large solar energy system (Solar Farm) shall be erected on any parcel less than twenty (20) acres in size. 

2) MAXIMUM PROJECT AREA. No more than 75% of a parcel may be part of the 

project area. 

3) MAXIMUM HEIGHT. The maximum height for a solar panel shall be fourteen (14) feet. The maximum height of a Power Switchyard (as defined in Chapter 2) shall not 

exceed the minimum height needed to tie into electric transmission lines. The height of 

all other buildings and accessory structures shall comply with the maximum building 

height requirements of the zoning district in which a Solar Farm is located. The height 

of required lightning rods attached to the Power Switchyard or Solar Farm related 

equipment shall not be subject to the foregoing height limitations. The height of 

lightning rods shall be limited to that height necessary to protect the Power Switchyard 

and Solar Farm equipment from lightning. 

4) SETBACKS. Solar Farm solar panels and other structures shall be set back one 

hundred (100) feet from all lot lines and public road rights-of-way, or the district 

setbacks stated in the underlying zoning district, whichever is greater. In addition, Solar Farm solar panels and other structures must be located at least one hundred (100) feet 

The City of Omer 65 Zoning Ordinance

from all existing residential or commercial non-participating lots. In addition, Solar 

Farm solar panels and other structures shall not be located within a drain easement. 

When a Solar Farm is comprised of lots of more than one owner, the internal setback 

shall not apply. 

5) SAFETY/ACCESS. 

a. A metal security fence with the height of six (6) feet shall be installed and 

maintained around all electrical equipment related to the Solar Farm 

including, but not limited to, transformers and transfer stations. Fencing 

shall be located at the one hundred (100) foot setback set forth in 

subsection (c) above when applicable. 

b. Appropriate warning signage shall be placed at safe intervals at the 

entrance and perimeter of the Solar Farm. 

c. All equipment and gates shall be locked. Knox boxes and keys shall be 

provided at locked gates. 

d. A safety plan shall be in place and updated regularly with the fire 

department having jurisdiction over the parcel on which the Solar Farm is 

located. 

6) NOISE. No operating Solar Farm shall produce noise that exceeds any of the following limitations. 

a. Forty (40) dBA, as measured at the property line of any adjacent parcels in 

existence at the time the Solar Farm is granted conditional use approval. 

b. Thirty (30) dBA, as measured at any neighboring residence in existence at 

the time the Solar Farm is granted conditional use approval, between the 

hours of nine (9) p.m. and seven (7) a.m. 

c. Forty (40) dBA, as measured at the lot lines of the project boundary. 

7) VISUAL APPEARANCE & MAINTENANCE 

a. Solar Farm buildings and accessory structures shall utilize materials, 

textures, and neutral colors customary with Solar Farms and that to the 

extent which is prudent and feasible will blend the facility into the existing 

environment. 

b. Supports shall be constructed to preserve any drainage field tile and/or 

drainage system. Any and all broken/missing field tiles shall be repaired 

and made in operable condition as soon as possible but no more than three 

(3) months after damage and/or failure. 

c. An appropriate maintenance plan, including property maintenance of the 

grounds, shall be presented to the City Council for review and approval. 

d. Lighting of a Solar Farm shall be limited to the minimum necessary, 

supplied with down lighting, and in no case shall any illumination from 

such lighting extend beyond the perimeter of the Solar Farm. The City may 

require use of a photometric study to make this determination. 

e. No Solar Farm shall produce glare that would constitute a nuisance to 

occupants of neighboring properties or to persons traveling neighboring 

roads. Upon written notice from the City Zoning Administrator, or such 

other person designated by the City Council, to the owners of the Solar 

Farm that glare from the Solar Farm is causing a nuisance to occupants of 

neighboring property or to persons traveling neighboring roads, the owner 

of the Solar Farm shall have a reasonable time, not to exceed twelve (12) 

months from the date of such notice, to remediate such glare. 

8) MEDIUM VOLTAGE CABLE. All medium voltage cable (as defined in Chapter 2) within the project boundary shall be installed underground at a depth in accordance 

with current National Electrical Code standards and except for Power Switchyards or 

the area within a substation. All electrical interconnections and distribution 

components must comply with all applicable codes and public utility requirements. If 

the Solar Farm has batteries or the storage of batteries, design and operation plan must be provided to the City and must be implemented. 

9) LANDSCAPING. A berm shall be constructed around the perimeter of the Solar Farm project property on all sides set back in accordance with Section C.2.(b) above from all non-proprietary properties including the road rights-of-way. The berm height shall be 

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80% of the height of the solar panels. Ground cover within the project area shall be of 

grasses and other forbs. The City Council may alter the landscaping requirements, 

depending upon the topography and existing plant material on the site and the 

proximity to residential housing to address potential glare and other effects of the 

project. 

10) LOCAL, STATE AND FEDERAL PERMITS. A Solar Farm shall be required to obtain all necessary permits from the United States Government, State of Michigan, Arenac 

County, and the City of Omer. 

11) AGREEMENTS/EASEMENTS. If the lot on which the project is proposed is to be 

leased, rather than owned, by the owner of the Solar Farm, all property within the 

project boundary must be included in a recorded easement(s), lease(s), or consent 

agreement(s) specifying the applicable uses for the duration of the project. All 

necessary leases, easements, or other agreements between the owner of the Solar Farm 

and property owners must be in place prior to commencing construction, unless 

specified otherwise by the special use permit. 

3. SPECIAL USE PERMIT APPLICATIONS. 

a. An application for a special use permit to establish a Solar Farm shall include a complete description of the project and documentation sufficient to demonstrate that the requirements set forth in this Ordinance will be met. Supporting documentation for addressing the review criteria (required standards and findings for making a special use determination) is also to be provided. The Planning Commission and/or City Council may require any information 

reasonably necessary to determine compliance with this ordinance. 

b. It is preferred that any related special use permit applications for substations or new transmission lines be considered in conjunction with the special use permit application for the Solar Farm; however, if the details of those improvements are not available at the time of application for Solar Farm, they may be considered later, through subsequent special use permit review. At a minimum, the intended route for connecting to the power grid and the alternative locations of any substation shall be disclosed with the application for the Solar Farm. 

c. Prior to issuance of the zoning permit, the City shall require as a condition of approval that the owner of the Solar Farm and City enter into a decommissioning agreement setting forth a Decommissioning Plan as set forth in this Section, secured by a bond or escrow or irrevocable letter of credit to secure removal of the Solar Farm in the event the use is terminated and abandoned for a period of twelve (12) months. The amount of the bond or escrow or 

irrevocable letter of credit shall be equal to one-hundred twenty-five (125) percent of the total estimated decommissioning and reclamation costs. The cost of decommissioning shall be reviewed between the operator and the City Council every two (2) years to ensure adequate funds are allocated for decommissioning; the security bond or escrow or irrevocable letter of credit shall be appropriately adjusted to reflect the current decommissioning estimate. This security bond or escrow or irrevocable letter of credit shall be issued by a 3rd party and paid for by the operator. The security bond or escrow or irrevocable letter of credit shall be posted and maintained with a company licensed to do business in the State of Michigan or a Federal or State-chartered lending institution acceptable to the City. Any bonding company or lending institution shall provide the City with 90 days’ notice of the expiration of the security bond or escrow or irrevocable letter of credit. In the event of sale or transfer of ownership and/or operation of the Solar Farm, the security bond or escrow or irrevocable letter of credit shall be maintained throughout the entirety of the process and the new owner shall be required to provide a new security bond or escrow or irrevocable letter of credit. If at any time during the operation of the Solar Farm or prior to, during, or after the sale or transfer of ownership and/or operation of the Solar Farm the security bond or escrow or irrevocable letter of credit is not maintained, the City may take any action permitted by law, revoke the special land use permit, order a cessation of operations, and order removal of all structures and reclamation of the site. 

4. PROVISIONS FOR SPECIAL USE PERMIT REVIEW. In addition to the standards set forth for special use approval in Chapter 8, the Solar Farm shall comply with the following standards: a. SOLAR FARM DESCRIPTION. The application for the Solar Farm shall identify the Solar 

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Farm buildings and accessory structures, the time period to construct the Solar Farm, the phasing of construction, if any, and the anticipated useful life of the Solar Farm. 

b. ENVIRONMENTAL SITING CONSIDERATIONS. The applicant shall provide evidence of compliance with applicable State of Michigan statutes including, but not limited to: Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act; (MCL 324.3101 et. seq.; Part 91, Soil Erosion and Sedimentation Control (MCL 324.9101 et. seq.) and any corresponding County ordinances; Part 301, Inland Lakes and Streams, (MCL 324.30101 et. seq.); Part 303, Wetlands (MCL 324.30301 et. seq.); Part 365, Endangered Species Protection (MCL324.36501 et. seq.); and such other applicable laws and rules in force at the time the application is considered by the City Council. 

c. SITE PLANS. Site plans shall conform with Chapter 9 Development Site Plan Review and shall identify: 

1) All lots in the Solar Farm, and as to each lot, existing and proposed: 

a. Buildings 

b. accessory structures 

c. utilities 

d. transmission lines 

e. solar panels 

f. drainage ways 

g. grades 

h. topographical conditions 

i. vegetation 

j. regulated wetlands 

k. regulated floodplains 

l. regulated and endangered species 

m. regulated lakes, streams, or ponds 

2) Required setbacks 

3) Access routes to lots that are a part of the Solar Farm 

4) Proposed road and driveway improvements 

5) Any parcels within five hundred (500) feet of a Solar Farm 

6) Proposed transmission lines to and from Power Switchyards and/or between lots 

7) Proposed signage 

8) Methods for dust and erosion control. 

All maps and visual representations need to be drawn at an appropriate scale and in 

accordance with Chapter 9 Development Site Plan Review. 

d. ENVIRONMENTAL INFORMATION. The Applicant shall provide evidence of compliance with the Environmental Siting Considerations and other environmental regulations as required in this Section. 

e. HAZARDOUS WASTE. As applicable, the application must include plans for the spill prevention, clean-up, and disposal of fuels, oils, and hazardous wastes. 

f. TRANSPORTATION PLAN FOR CONSTRUCTION AND OPERATION PHASES. Proof of an agreement with the County Road Commission and the Michigan Department of 

Transportation (if applicable) regarding any construction phase of the project, is required. g. PUBLIC SAFETY. Identify potential hazards and emergency and normal shut down procedures. Provide an emergency plan approved by the fire department and the county 

emergency management director. The applicant shall provide information and training to the area Fire Department regarding fire and other possible hazards associated with the Solar Farm. 

h. DECOMMISSIONING PLAN. Describe the decommissioning and final land reclamation plan to be followed after the anticipated useful life, or abandonment, or termination of the Solar Farm, including evidence of proposed commitments with property owners to ensure proper final reclamation of the Solar Farm with seasonal grasses or to an agricultural ready 

condition, repairs to roads for damage caused by the Solar Farm, if any, within twelve (12) months from the notice of abandonment issued by the City to complete decommissioning and land reclamation. 

i. A copy of the application or agreement with the utility company that will be purchasing electricity from the proposed facility shall be provided. 

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5. COMPLAINT RESOLUTION. 

a. The Solar Farm applicant shall submit a detailed, written complaint resolution process developed by the applicant to resolve complaints from the City Council the property owners or residents concerning construction or operation of the Solar Farm. The complaint resolution process must be approved by the City Council as a condition of approval of the special permit application. 

b. The City Council shall appoint a three-member complaint resolution committee to oversee and participate in all complaint resolution discussions or meetings between the City property owner or resident and the Solar Farm owner/operator. 

c. The complaint resolution committee shall consist of one (1) City Council member, one (1) City Planning Commission member, and one (1) qualified elector from the community 

appointed by the City Council. 

d. In the event the Solar Farm owner is determined to be at fault for a violation following the complaint resolution process, the owner shall be responsible for all costs incurred by the City in coming to a resolution, in addition to any other penalties for violations of the City's Zoning Ordinance. This section is not a waiver of the City's authority to seek any relief at law or equity to abate such violations. 

e. The City Council shall be kept apprised of all complaints and shall receive a report outlining the issues, the progress, and the resolution of each complaint. The City Council shall be authorized to enforce the resolution of each complaint. 

6. ANNUAL REPORT. The Solar Farm owner shall submit an annual report to the City that will include: 

a. The status of the Solar Farm operation and maintenance and any planned changes to the operation 

b. The status of any complaint(s) and complaint corrective actions 

c. A confirmation of sufficient liability insurance (certificate of insurance) 

d. A confirmation of the current security guarantee. 

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CHAPTER 9 DEVELOPMENT SITE PLAN REVIEW 

SECTION 9.1 INTENT AND PURPOSE 

Land development affects the character of the community and its public health, safety, and general welfare. This Chapter provides the procedures and standards for site plan review of all uses that are required by this Ordinance for such review. 

SECTION 9.2 SCOPE 

All land developments, required by this ordinance for review, including structures to be erected, moved, externally altered, added to, or to have any change in use which would affect their approved off-street parking, landscaping, site drainage, or any other requirements, shall be reviewed under this Chapter. Land divisions for any purpose other than Planned Developments shall be reviewed under this Chapter. No building or zoning permit shall be issued, excluding those uses stated above, except in accordance with a plan approved under this Chapter when required. 

No person shall undertake any activity or use, including any grading, clearing, cutting and filling, excavating, or tree removal associated therewith, for which development site plan approval is required by this Ordinance without first obtaining such approval, nor shall such activity proceed prior to obtaining necessary soil erosion and sedimentation control permits, wetlands permits, or flood plain permits. 

SECTION 9.3 APPLICATION AND FEE 

An application for site plan review shall be made by filing the application form, required information, and the required fee with the City Zoning Administrator. 

The application fee shall be set by resolution of the City Council. Once accepted by the Zoning Administrator, no portion of the fee shall be returned to the applicant, unless authorized by an action of the City Council. 

SECTION 9.4 REVIEWING AUTHORITY 

The Planning Commission, or its qualified designee, shall review development site applications in accordance with the standards presented in this Chapter and Ordinance. The Planning Commission shall review the site plan application and its designee’s report, and shall thereafter approve, approve with conditions, or deny the request for development site plan approval. 

SECTION 9.5 MAJOR AND MINOR DEVELOPMENT PROJECTS DEFINED 

A minor project, for the purposes of this Chapter, is defined as follows: 

A. The remodeling, alterations, or additions to commercial and industrial buildings of less that twenty-five (25%) percent of the square footage of the existing structure. 

B. Improvements to, erection of, or reconstruction of accessory buildings and structures, parking areas, and similar facilities. 

C. Site changes that do not exceed twenty-five (25%) percent of the existing developed site area. 

Major projects are all projects not listed above, including, but not limited to, site condominium projects, multi-family apartment project developments, commercial and industrial buildings and additions, alterations or redevelopment of buildings and site changes greater than listed above. 

SECTION 9.6 CONCEPTUAL DEVELOPMENT SITE PLAN REVIEW 

The applicant is encouraged to submit a conceptual plan for review by the Planning Commission in order that errors, miscalculations or misconceptions are not incorporated into preliminary plans. This procedure is intended to be informational only and shall not necessarily bear directly upon later reviews. Submissions for this review may consist of all those items listed in Section 9.7 that shall present an adequate overview of the intended project. 

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SECTION 9.7 SITE PLAN REVIEW; REQUIRED INFORMATION 

For major projects, Development Site Plan Review shall entail the examination of all the items in Section 9.7 B. For minor projects, the abbreviated review indicated in Section 9.7 A is allowed. 

A. Required Submittals - Minor Projects 

All project applicants shall submit to the Zoning Administrator, the development site plan application provided by the City and seven (7) copies of the detailed site plan. The detailed site plan shall consist of the following items for review: 

1. A site plan, drawn to scale showing north arrow, the property boundaries, the proposed location of structures and other improvements including, where appropriate, roads, driveways, pedestrian walks, off-street parking areas, landscaped areas, fences and walls. 

2. A conceptual landscape plan, including required buffers, existing vegetation, water courses, and other significant site features, and proposed new plantings. 

3. Accurate scale drawings of all signs indicating their size, material, color and illumination, if any, and the method of installation of any free-standing sign. 

4. Conceptual grading and drainage plans with existing and proposed elevations. 

5. Such other data as may be required by the Planning Commission To ensure that the purposes of this Chapter are satisfied. The Commission shall state for the record its reasons for asking for additional information. 

6. The Planning Commission may waive a requirement or requirements listed above if not deemed necessary for a thorough review. The Commission shall state for the record its reasons for taking such action. 

B. Required Submittals - Major Project 

The following are among the items to be included on the detailed plan for major projects. Development site plans should be accurately drawn at the scale of at least one (1) inch equals one hundred (100) feet showing the site and all land and structure within five hundred (500) feet of the site. The City Council may require details to be provided in a scale as great as one (1) inch equals twenty (20) feet. If multiple sheets are used, each must be labeled, dated, and the preparer identified. 

1. The location of proposed or existing property lines, dimensions, legal descriptions, tax parcel numbers, setback lines, and monument locations. 

2. A vicinity map drawn at a scale of a minimum of one (1) inch equals two thousand (2000) feet with a north arrow indicated. 

3. Existing topographic elevations at two-foot intervals, proposed grades and directions of drainage flows. 

4. The location and type of existing soils on the site and any certifications of borings. 5. Boundaries and elevations of existing and proposed water courses and water bodies, including county drains and man-made surface drainage ways, flood plains and wetlands within five hundred (500) feet of the project site and proposed erosion control measures. 

6. Location of existing and proposed buildings and intended uses thereof. 

7. Proposed location of accessory structures, buildings and other appurtenances, including, but not limited to, all flag poles, light poles, bulkheads, docks, storage sheds, transformers, air 

conditioners, generators, and similar equipment, and the method and details of screening, where applicable. 

8. Location of existing public roads and streets, that abut or cross the site, plus rights-of-way and private easements of record. 

9. Location of, and dimensions of, proposed streets, drives, curb cuts, and access easements, as well as acceleration, deceleration and passing lanes or tapers (if any) serving the development. Details of entryway and entryway sign locations should be separately depicted with elevation views. 

10. Location, design, and dimensions of existing and proposed curbing, barrier-free access, carports, parking areas (including indication of all spaces, method of surfacing and striping), fire lanes and all lighting and signing thereof. 

11. Location, size and characteristics of all loading and unloading areas. 

12. Location and design of all trails, walkways, bicycle paths, and other areas for public use. The City of Omer 71 Zoning Ordinance

13. Location of water supply lines and/or wells, including fire hydrants and shut-off valves, and the location and design of storm sewers, retention or detention ponds, waste water lines, clean-out locations, connection points and treatment systems, including septic systems, if applicable. 

14. Location and routing of all other utilities on the site, including, but not limited to, natural gas, electric, and data and telecommunication transmissions. 

15. Proposed location, dimensions, and details of common open spaces and common facilities, such as community buildings, or swimming pools, if applicable. 

16. Exterior lighting locations with areas of illumination illustrated, as well as the type of fixtures and shielding to be used. 

17. Location and specifications for all fences, walls, and other screening features with cross sections. 18. General location and type of significant existing vegetation, including the location and size of all existing trees with a trunk of six (6") inches or more in diameter, four and one-half (4 ½') feet above the ground, if not located in a forest. Forests or large areas of vegetation to be preserved shall be demarcated and designated as such. 

19. Locations and specifications for all proposed perimeter and internal landscaping and other buffering features. 

20. Location, size and specifications for screening of all trash receptacles and other solid waste disposal facilities. 

21. Location and specifications for any existing, proposed, or required above or below ground storage facilities for any chemicals, salts, flammable or hazardous materials, as well as any containment structures or clear zones required by government regulations and a Pollution Incident Prevention Plan as required by the Act 245 Program. 

22. Identification of any significant or unique site features. 

23. Indication of any significant views onto or from the site. 

24. The zoning classifications of the site and adjacent properties. 

25. North arrow, scale and date of original submittal and all revisions. 

26. Such other data as may be required by the City Council to ensure that the purposes of this Chapter are satisfied. The Commission shall state for the record its reasons for requiring such data. 27. The City Council may waive a requirement or requirements listed above if not deemed necessary for a thorough review. The Commission shall state for the record its reasons for taking such actions. 

SECTION 9.8 SITE PLAN REVIEW PROCEDURE 

A. When all necessary information as provided by this Chapter is submitted to the Zoning Administrator, the Zoning Administrator shall notify the Planning Commission Chairman. 

B. The Chairman shall place the Site Plan Review on the next available meeting agenda for discussion by the Commission and shall notify the applicant of this action. 

C. Within a reasonable time and based upon the standards in Section 9.9, the Planning Commission shall act either to recommend to the City Council they approve or deny the request for development site plan approval or to provide information to the applicant by which he may amend his plans to conform to certain stipulated requirements to obtain approval. Upon re-submittal, the Planning Commission shall, within sixty (60) days, inform the applicant of the acceptance or rejection of his plans. 

D. If plans are denied at any time, the Planning Commission or City Council shall submit in writing to the applicant the reasons for the action. 

SECTION 9.9 DEVELOPMENT SITE PLAN REVIEW STANDARDS 

The following standards shall be utilized in reviewing all development site plans. The standards are intended to provide guidance for the applicant in the production of plans as well as a method for the review of site plans by City Officials. 

A. Elements of Development Site Plan Review 

1. Neighborhood and Community Elements: 

a. Historical Preservation. Owners of existing structures of historical significance are encouraged to preserve these structures and to renovate them in a manner which 

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preserves that significance and places them appropriately among other like structures. 

Variances may be granted by the Zoning Board of Appeals when necessary to accomplish this purpose. 

b. Relation of Proposed Buildings to Environment. Proposed structures shall be related harmoniously to the terrain, the size and shape of a lot, the character of adjoining 

properties, and the existing buildings in the vicinity that have a visual and functional 

relationship to the proposed buildings. Such a relationship may include the enclosure of a space in conjunction with other existing buildings or other proposed buildings and the 

creation of focal points with respect to avenues of approach, terrain or other buildings. In all cases, open spaces should be created that are usable. 

Other concerns which shall be addressed include microclimate effects created by 

structure placement, solar exposure and shadow effects, wind and canyon effects, 

including snow build-up and drifting, and effects upon wetlands, drainage, and habitat 

systems. 

Views and privacy, while dealing with the siting of buildings on individual parcels, shall be provided for on a larger scale by buffering and screening to preserve or create 

unintrusive site lines wherever possible. 

c. Landscape Preservation. Except in urbanized areas, the landscape shall be preserved in as natural a state as possible by minimizing tree and soil removal. Areas such as steep 

slopes, wetlands, and littoral areas, as well as resource areas such as forests, wooded lots and farmlands shall be preserved wherever possible. Any grading changes shall be in 

keeping with the lay of neighboring lands. Golf courses in particular shall be designed to retain as much of the native terrain and herbage as possible and shall provide wide 

screening buffers between fairways and the public roadways and other non-compatible 

uses. 

d. Business Districts. Design standards may be developed by particular business districts, and if promulgated, will be used to design the elements of structures and site 

improvements proposed within these districts. 

e. Trafficways and Gateways. Site plans shall address the effects of new structures or uses upon traffic at or near their sites. A major use may require a traffic study to determine 

potential effects and possible necessary mitigating actions. Proposed uses at entryways to the community shall provide appropriate design features to welcome travelers to the 

community. 

f. Security, Fire and Emergency Access. Setbacks, access paths with adequate lane widths and sufficient areas for fire and emergency vehicle turnarounds, and fire hydrant 

locations (where applicable) shall be provided per existing statutes and ordinances and in accordance with requirements of the appropriate reviewing authorities. All buildings or groups of buildings shall be arranged to permit emergency vehicle access by some 

practical means to all sides. Where applicable, security shall also be considered integral to the design. Sufficient illumination and ease of surveillance shall be addressed where 

appropriate. 

2. Engineering Elements: 

a. Drives, Parking and Circulation. Parking spaces sufficient only for the intended use shall be allowed. Calculations and justification for spaces provided shall be noted on the 

plans. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, attention shall be given to the location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, and arrangement of parking areas that are 

safe and convenient and do not detract from the design of proposed buildings and 

structures and neighboring properties. Parking areas shall be screened from roadways 

and from other adjacent uses by landscaped areas or by walls. Sufficient distance 

between drives and property lines shall be provided. 

b. Surface Water Drainage. Attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public 

storm drainage system. Storm water shall be removed from all roofs, canopies and paved areas, and carried away in such a manner that it will not obstruct the flow of vehicular or pedestrian traffic, and will not puddle or freeze in paved areas. Run-off waters shall be 

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detained or retained to remove sediments and to prevent erosion. 

c. Utility Service. New utility service distribution lines shall be underground wherever feasible. Any existing utility installations remaining above ground shall be placed out of sight as much as possible and situated harmoniously in relation to neighboring properties and the site. The proposed method of sanitary sewage disposal from all buildings shall be indicated. All utility installations shall be carried out in accordance with the current 

standards, rules and regulations of those entities having jurisdiction. No project shall be approved without permits or authorization from all appropriate governing agencies. 

B. General and Necessary Conditions 

All other standards and requirements of this Ordinance and other applicable ordinances, regulations and statutes must be met by development plans presented for review under provisions of this Chapter. It is specifically intended that a use allowed in the City will not be or become a nuisance within its neighborhood or to the City as a whole. The Planning Commission or the Council may confer or consult with a qualified expert, or experts, e.g., a planner, engineer, or landscape architect, at the applicant’s expense, to aid it in evaluating a difficult or complex project. 

SECTION 9.10 FINAL DEVELOPMENT SITE PLAN APPROVALS 

A. Complete drawings, plus all certified final drawings and plans that are subject to development site plan review and contain all necessary modifications or additions required, shall be submitted before final development site plan approval is granted. 

B. Conditions of Final Approval. Development Site Plans may be approved subject to the performance of certain conditions, including the provision of required improvements as the Commission and Council shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the Zoning Ordinance, the Master Plan, and any other City policies and regulations shall be achieved. A development site plan may be approved conditionally upon necessary or required approvals by other local, county, state, or federal agencies. 

1. Performance Guarantee for Required Conditions. Security may be required to ensure performance of required conditions. The applicant may be required to furnish security in the form of a bond, certified check, or an irrevocable bank letter of credit, acceptable to the City, in the amount fixed by the Council. If security is required, the Zoning Administrator shall not issue a zoning permit until the required performance guarantee is received and verified by the City Clerk. 

2. Provisions of Required Improvements. Whenever a development site plan approval is granted or modified subject to the conditions that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the Zoning Administrator. 

3. Non-performance of Required Conditions. In the event the applicant defaults in making the improvements for which the performance guarantee was required, the City Council shall have the right to enforce a letter of credit or to use the monies being held as security to complete the improvements through contract or otherwise, including specifically the right to enter upon the subject property to make the improvements. If the performance guarantee is not sufficient to cover the costs incurred by the City to complete the improvements, including attorney’s fees and court costs, if any, the applicant shall be required to pay the City the amount by which the costs of completing the improvements exceeded the amount of the performance guarantee. These costs shall be collected in the same manner as delinquent taxes or as allowed by law. 

4. Condition Declared Void. Whenever there becomes final any judgment of a court of competent jurisdiction declaring one or more of conditions of a development review approval to be void or ineffective or enjoining or otherwise prohibiting the enforcement or operation of one or more of such conditions, said development site plan approval shall cease to be valid and all rights or 

privileges granted thereby shall end. 

5. Violation of Required Condition or Conditions. Whenever a development site plan is approved or modified by the City Council subject to a condition or conditions, the use or enjoyment of the development site plan in violation of, or without observance of, any such condition shall constitute a violation of the Zoning Ordinance, and development site plan approval may be revoked. 

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SECTION 9.11 SPECIAL USES AND CONCURRENT APPROVALS 

The Planning Commission may choose to review Special Use Permit and site plan review submittals concurrently. In the event of concurrent review, the Planning Commission shall make sure that both the site plan and special use submittals satisfy all requirements of this Ordinance. 

SECTION 9.12 AMENDMENTS TO APPROVED DEVELOPMENT PLANS 

A. Amendments to an approved development site plan may be made by the Planning Commission upon written request by the landowner. Minor changes to an approved development site plan may be approved by the Zoning Administrator after construction has begun, provided no such change results in any of the following: 

1. A significant change in use or character of the development. 

2. An increase in overall coverage of structures. 

3. An increase in the intensity of use. 

4. A reduction in the required open space. 

5. A change that may increase the storm water run-off to adjacent properties. 

6. A reduction in required off-street parking and loading. 

7. A reduction in required pavement widths or utility sizes. 

8. A significant increase in traffic on public streets or an increase in the burden on public utilities or services. 

B. If the Zoning Administrator finds that a proposed amendment to an approved development site plan does not qualify as a minor change, he shall notify the landowner that he must apply for a modification of the development site plan in accordance with the procedures of Section 9.7; or if the developer or landowner has already effected the changes in question, the Zoning Administrator shall immediately notify the permit holder in writing that development site plan approval has been suspended pending approval by the Planning Commission of the proposed amendment. The permit holder’s notice shall be delivered personally or by certified mail. The permit holder shall then apply for a modification of the development site plan in accordance with the procedures in Section 9.7 hereof. 

SECTION 9.13 TIME LIMIT FOR APPROVED SITE PLANS 

A. A site plan approval granted pursuant to this Chapter shall be valid for one (1) year from the date of approval. If construction has not commenced by the end of this period, and if a written request for extension of the approval has not been submitted by the applicant, the site plan approval shall expire. 

B. The City Council may grant one (1) extension of the site plan approval for a one (1) year period upon submittal in writing by the applicant of a request for an extension. The City Council shall grant such an extension only upon presentation of written evidence indicating that construction of the project has been delayed by factors beyond the reasonable control of the applicant and that construction on the project is likely to proceed within one (1) year. 

SECTION 9.14 APPEAL OF SITE PLAN REVIEW DECISIONS 

Any person aggrieved by the decision of the City Council in the approval or denial of a site plan review may appeal said decision to the Zoning Board of Appeals. The appellant shall file a letter with the Zoning Administrator within ten (10) days of the decision of the City Council on the site plan. The appellant’s letter shall specify the grounds for the appeal, and the appeal shall be limited to the issues raised in the letter. 

In its review of the decision, the Zoning Board of Appeals shall consider the following: 

1. The appellant’s letter and validity of grounds for appeal. 

2. The minutes taken during the Planning Commission’s and City Council’s review of the site plan. 3. Any other documentation presented to the Planning Commission or City Council prior to its decision on the site plan. 

The City of Omer 75 Zoning Ordinance

4. Any verbal or written information submitted to the Zoning Board of Appeals in response to a request for the information by the Zoning Board of Appeals. 

In its determination of the appeal, the Zoning Board of Appeals may take any of the following actions: 1. Affirm the decision of the City Council with or without modification. 

2. Refer the matter back to the City Council for further consideration, study, or additional documentation. The Zoning Board of Appeals shall inform the City Council of the issues that it believes are in need of further consideration, study, or documentation. Once the City Council has examined the issues, it shall send the matter with a report back to the Zoning Board of Appeals for a decision. 

3. Reverse the decision of the City Council if the decision is not in accordance with the intent and purpose of this Ordinance. 

The City of Omer 76 Zoning Ordinance

CHAPTER 10 ADMINISTRATION AND ENFORCEMENT 

SECTION 10.1 ZONING ADMINISTRATOR 

Unless otherwise designated under a specific provision of this Ordinance, the Zoning Administrator shall be responsible for the administration of this Ordinance. The Zoning Administrator shall be a qualified individual appointed by the City Council. The terms, conditions, and rate of compensation shall be determined by the Council. The Zoning Administrator shall possess all powers and authority as are necessary to administer and enforce this Ordinance. Additional authority may be delegated to the Administrator by the City Council.