Algoma City Zoning Code

(a)

No person shall use land or a building or structure or erect, construct, reconstruct, move or structurally alter a building, structure, or part thereof, except in conformance with the following regulations:

(1)

No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this article shall be included as part of a yard, open space, or off-street parking or loading space, similarly required for any other building.

(2)

No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein.

(3)

No lot, yard, parking area, building area, or other space shall be created, sold, or conveyed in any manner which does not conform with the minimum building requirements for building upon said spaces as set forth herein.

(b)

Exceptions. The provisions of this section shall not apply to:

(1)

The sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by chapter, the zoning code or other applicable laws or ordinances.

(2)

Easements.

(c)

Variance. The board of zoning appeals may grant a variance upon proper application.

(Prior Code, § 18.05)

Land within M-3 zones shall be occupied and used for manufacturing, warehousing and distribution activities as allowed for in other manufacturing zones. In addition, certain commercial uses shall be permitted as outlined below.

(1)

Use regulations.

a.

Uses permitted in M-1 and M-2 zones.

b.

Planned commercial development group. Certain commercial uses may be allowed on a case by case basis where, in the judgment of the planning commission and the city council, such uses will not be detrimental to industrial uses within the zone.

(2)

Accessory uses.

a.

Accessory use or structure.

b.

Essential services.

c.

Parking garage or parking area.

d.

Incidental retail sales of products produced on premises.

(3)

Minimum structure setback regulations. All structures and buildings constructed within M-3 zones shall conform to the following minimum setback regulations:

a.

Front yard. Minimum of 30 feet, except that unsupported roofs or sunscreens may project six feet into the setback area. The front yard setback area may be used for landscape treatment, walks, an identification sign, flag poles, and driveways perpendicular or nearly so to the front lot line.

b.

Side yard. Minimum of ten feet, except that unsupported roofs and sunscreens may project three feet into the setback area. Side yards may be used for landscape treatment only.

c.

Rear yard. Minimum of ten feet, except that unsupported roofs and sunscreens may project three feet into the setback area. Rear yards may be used for landscape treatment, parking and loading areas.

(4)

Maximum height of buildings. The maximum height of buildings is 50 feet.

(5)

Off-street parking and loading. There shall be no on street parking and loading permitted on any publicly owned rights-of-way located in any M-3 zone.

a.

Off-street parking. Off-street parking shall be provided at a ratio that equals or is greater than two parking spaces for each three employees on the largest shift plus sufficient off-street parking spaces for visitors and guests.

b.

Off-street loading. Off-street loading is prohibited at the front of any building in an M-3 zone. Each loading space shall be not less than ten feet in width, 35 feet in length and have a minimum vertical clearance of 14 feet. The number of loading spaces required shall be determined by the following table:

c.

Additional regulations. Additional regulations for off-street parking and loading areas.

1.

Lighting. Lighting used to illuminate any off-street parking or loading area shall be so arranged as to reflect the light away from adjoining premises.

2.

Drainage. Any off-street parking or loading area shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses.

3.

Surfacing. Any off-street parking or loading areas shall be surfaced with concrete, blacktop or an equivalent material. Equivalent shall mean the surfacing with road oil, soil cement, or other materials approved by the city engineer and the city building inspector. All areas shall be marked or signed so as to provide for the orderly and safe loading, parking and storage of self-propelled vehicle.

(6)

Signs. No sign shall be erected or maintained in an M-3 zone except in conformity with the following regulations:

a.

Signs visible from the exterior of any building may be lighted, but no signs or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink, or move in any animated fashion.

b.

Signs shall be restricted to advertising only the person, firm, company or corporation operating the use conducted on the site or the products produced or sold thereon.

c.

All signs attached to the building shall be flush mounted with the exception of small (four square feet) perpendicular signs designating area of building usage (e.g., office, loading dock, etc.).

d.

Only one single-faced or double-faced sign shall be permitted per street frontage. No sign shall exceed 200 square feet in area per face.

e.

A sign advertising the sale, lease, or hire of the site shall be permitted in addition to the other signs listed in this section. Such sign shall not exceed a maximum area of 32 square feet.

f.

No ground signs shall exceed four feet above grade in vertical height. Also, ground signs in excess of 100 square feet in area (single face) shall not be erected in the first ten feet, as measured from the property line, of any street side setback area.

g.

A wall sign with the individual letters applied directly shall be measured by a rectangle around the outside of the lettering and/or the pictorial symbol and calculating the area enclosed by such line.

h.

One construction sign denoting the architects, engineers, contractor, and other related subjects, shall be permitted upon the commencement of construction. Such sign shall not exceed a maximum area of 32 square feet. Such sign shall be removed within 30 days of completion of construction.

i.

A future tenant identification sign listing the name of future tenants, responsible agent or realtor, shall be permitted. Such sign shall not exceed a maximum of 32 square feet.

j.

Signs designating entrances or exits to or from a parking or loading area shall not exceed two square feet each. One sign per parking area designating the conditions of use or identity of such parking area shall not exceed nine square feet.

(7)

Outdoor storage. Outdoor storage shall be limited to the rear two-thirds of the property and within the building setback lines. Outdoor stored material shall not exceed 15 feet above grade in height, nor shall it be so arranged as to create a fire hazard. No waste material or refuse may be dumped or permitted to remain on any part of the property outside of the building except in authorized containers. Fences, walls or hedges may not extend forward of the building setback lines.

(8)

Open space regulations. All open areas not occupied by buildings shall be developed and maintained as follows:

a.

Yards, except drives, parking and loading areas, and walks shall be landscaped.

b.

All other open areas shall be maintained in a continuous dust free condition.

(9)

Building regulations. All buildings constructed within M-3 zones shall be developed and maintained as follows:

a.

Maximum building coverage. Buildings shall not cover more than 50 percent of the total property area. An exception may be made in cases where special design characteristics allow for ample parking, storage and other uses in conjunction with the building (e.g., parking under or on top of buildings, enclosed storage areas, etc.).

b.

Maximum building height. No building or structure (except chimneys or architectural features) shall exceed two stories or 50 feet in height.

c.

Building construction. Building construction shall meet all applicable local and state requirements.

(10)

Performance standards. The intent of these standards is to prohibit undesirable or incompatible uses within M-3 zones. The prohibition applies to prospective uses that in the opinion of the city planning commission will be undesirable or incompatible fashion. All uses in M-3 zones shall comply with the following regulations:

a.

Noise. The volume of sound inherently and recurrently generated shall be so muffled or otherwise controlled as not to become objectionable to surrounding uses due to intermittence, duration, beat frequency, impulse character, periodic character or shrillness.

b.

Vibration. An operation which creates intense earth-shaking vibrations (e.g., heavy drop forges, heavy hydraulic surges) shall be prohibited.

c.

Air contaminants.

1.

No smoke, soot, fly ash, dust, cinders, dirt, noxious or obnoxious acids, fumes, vapors, odors, toxic or radioactive substance, waste, or particulate, solid, liquid or gaseous matter shall be introduced into the outdoor atmosphere alone or in combination, in such quantities and of such duration that they would interfere with the safe and comfortable enjoyment of life or property or any use permitted in this or any other zone within the city.

2.

The limits of emission for particular contaminants shall be determined and enforced as provided for under applicable state rules.

d.

Liquid and solid waste.

1.

Any disposal of wastes on the property shall be done in such manner that it will conform to the regulations of this section. No wastes shall be discharged into a storm sewer or roadside ditch or drainage area except clear and unpolluted water. All liquid waste disposal shall be in conformance with t applicable state rules.

2.

All solid waste disposal shall be in conformance with applicable state rules.

e.

Electrical emission. There shall be no electrical emission beyond the property line, which would adversely affect any other use.

f.

Glare and heat. There shall be no reflection or radiation, directly or indirectly, of glare or heat beyond the property line if it would adversely affect any other use in any zone within the city.

(Prior Code, § 18.16)