Except as hereinafter specifically provided, the general regulations of the sections of this article shall apply.

(Ord. No. 68-15, art. IV(intro.), 10-22-1968)

Whenever any provision of this chapter imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, the provisions of this chapter shall govern.

(Ord. No. 68-15, § 4.01, 10-22-1968)

No building or structure, or part thereof, shall hereafter be erected, constructed, reconstructed, or altered and maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this chapter.

(Ord. No. 68-15, § 4.02, 10-22-1968)

All streets, alleys, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such streets, alleys, or railroad rights-of-way. Where the centerline of a street or alley serves as a district boundary, the zoning of such street or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

(Ord. No. 68-15, § 4.03, 10-22-1968)

No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, designed or arranged for any purpose other than is permitted in the district in which the building or land is located.

(Ord. No. 68-15, § 4.04, 10-22-1968)

No building shall be erected, converted, enlarged, reconstructed or structurally altered, except in conformity with the area regulations of the district in which the building is located.

(Ord. No. 68-15, § 4.05, 10-22-1968)

No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, except that penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, smokestacks, individual, domestic radio and television aerials and wireless masts, water tanks, or similar structures may be erected above the height limits herein prescribed. No such structure may be erected to exceed by more than 15 feet the height limits of the district in which it is located; nor shall such structure have a total area greater than 25 percent of the roof area of the building, nor shall such structure be used for any residential purpose or any commercial or industrial purpose other than a use incidental to the main use of the building. The erection of radio and television transmitting, relay, or other types of antenna towers, where permitted shall abide by the regulations set forth in section 52-900. Height restrictions for all buildings, structures and appurtenances erected beneath established aircraft approach lanes shall be as established by the zoning board of appeals after consultation with the appropriate aeronautical agency.

(Ord. No. 68-15, § 4.06, 10-22-1968)

Every building hereafter erected or structurally altered to provide dwelling units shall be located on a lot as herein defined, and in no case shall there be more than one such building on one lot unless otherwise provided in this chapter.

(Ord. No. 68-15, § 4.07, 10-22-1968)

In all residential districts, only one principal building shall be placed on a lot of record with the exception of parcels of record described and designated as outlots, which may be so arranged or subdivided as to provide for one or more principal buildings when the land area allocated to each building is equal to or greater than the lot area required for the district in which it is located.

(Ord. No. 68-15, § 4.08, 10-22-1968)

(a)

No space which for the purpose of a building or dwelling group has been counted or calculated as part of a side yard, rear yard, front yard, or other open space required by this chapter, may by reason of change in ownership or otherwise be counted or calculated to satisfy or comply with a yard, court, or other open space requirement of or for any other building.

(b)

An open porch or paved terrace may occupy a front yard, provided that the unoccupied portion of the front yard furnishes a depth of not less than 15 feet. A one-story bay window may project not more than three feet beyond the front line of the building.

(c)

The minimum yard spaces, including lot area per family and maximum lot coverage required by this chapter for each and every building existing at the time of the passage of this chapter or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building. (See schedule of regulations, article XVI of this chapter, for specific requirements.)

(Ord. No. 68-15, § 4.09, 10-22-1968)

(a)

In residential zones, after 25 percent of the lots and frontage on the side of the street in any block where the proposed improvement is contemplated have been improved by the erection of residences thereon, if one-half or more of the residences built in any such block are of a certain type and style, the remainder of the residences to be constructed, altered, relocated or repaired in such block shall be of a substantially similar type and style so that new or altered buildings will be in harmony with the character of the neighborhood; provided, however, that nothing herein shall prevent the upgrading of any residential block by installing an exterior finish having fire or weather resistance made of brick or stone, which is greater than the minimum herein required, or by constructing in such block a residence having floor area greater than the average area of residences in such block, such type and style shall be such as not to impair or destroy property values in the block.

(b)

There shall be five separated separate and distinct front elevations for constructing the front or face of two or more residential buildings for every ten residences so contemplated and it shall not be permissible to have two like front elevations adjacent to each other. In built-up areas where scattered vacant lots are located between or beside existing dwellings at the time of applying for a permit to build on this vacant lot, it will be necessary to submit photographs of the front elevation of the existing dwellings on each side of this proposed residence so no two residences will have the same type of front elevation.

(c)

If any plans filed with the building department are rejected because they do not comply with the standards as to type and style, herein established, an appeal from the ruling may be filed with the zoning board of appeals, which board shall have the power to hear and determine such appeal and give relief in accordance with the provisions of this chapter.

(Ord. No. 68-15, § 4.10, 10-22-1968)

Any lot zoned R-1A or R-1B, which was of record at the time of the adoption of this chapter that does not meet the requirements of this chapter for lot width, lot area or yard space, may be utilized for single residence purposes, provided that the lot width, lot area or yard space is not less than 75 percent of that required by the terms of this chapter. Vacant lots having in the aggregate a continuous frontage of 120 feet or more regardless of ownership shall not be subject to this exception. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided.

(Ord. No. 68-15, § 4.11, 10-22-1968)

Every principal building shall front upon a public street, except that in the case of planned unit developments in multiple residential zones, variations may be allowed by the planning commission with due regard for the overall health, welfare, safety and convenience of the people.

(Ord. No. 68-15, § 4.12, 10-22-1968)

In any case where a building or accessory building in a C-1, C-2, C-3, C-4, C-5, C-6A, C-6B, RD, RO-1, SD, GI, M-1, M-2 or M-3 district is erected or placed within 200 feet of the front lot line of any parcel of land fronting upon any public street, the front walls shall be constructed of stone, face brick or other approved ornamental material, and no building so situated shall be constructed of tarred paper, tin, corrugated iron, or any form of pressed board or felt or similar material within the limits herein specified, nor piles piled within said 200 feet unless the same shall be obscured from view from the street by the existence of a building or solid wall of approved ornamental material sufficient to properly obscure the same from view of the street. Open storage material sufficient to properly obscure the same from view of the street. Open storage uses, permitted only in the M-2 district, shall be governed by regulations in section 52-676(j).

(Ord. No. 68-15, § 4.13, 10-22-1968)

No structure, wall, fence, shrubbery or trees shall be erected, maintained or planted on any lot which will obstruct the view of the driver of a vehicle approaching an intersection, excepting that shade trees will be permitted where all branches are not less than eight feet above the street level. In the case of corner lots, this shall also mean that there shall be provided an unobstructed triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street property lines, or in the case of a rounded corner, from the intersection of the street property lines extended.

(Ord. No. 68-15, § 4.14, 10-22-1968; Ord. No. 68-4, § 1, 3-12-1968)

No dwelling shall be erected in the C-1, C-2, C-3, C-4, C-5, C-6A, C-6B, RD, RO-1, SD, GI, M-1, M-2 or M-3 district. However, the sleeping quarters of watchman or a caretaker may be permitted in said districts in conformance with the specific requirements of the particular district.

(Ord. No. 68-15, § 4.15, 10-22-1968)

No residential structure shall be erected upon the rear of a lot or upon a lot with another dwelling.

(Ord. No. 68-15, § 4.16, 10-22-1968)

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

(1)

Where the accessory building structurally attached to a main building, it shall be subject to and must conform to all regulations of this chapter applicable to main or principal buildings.

(2)

Accessory buildings shall not be erected in any required yard except a rear yard, providing further that in no instance shall such a building be nearer than two feet to any adjoining side lot line and one foot to any rear lot line.

(3)

An accessory building, not exceeding one story or 15 feet in height for a sloping roof, may occupy not more than 14 percent of a required rear yard, plus 40 percent of any nonrequired rear yard; provided, that in no instance shall the accessory building exceed the ground floor area of the main building.

(4)

An accessory building shall be located on the rear half of the lot except when structurally attached to the main building.

(5)

No detached accessory building shall be located closer than 15 feet to any main or principal building.

(6)

In the case of double frontage lots, accessory buildings shall observe front yard requirements on both street frontages wherever there are any principal buildings fronting on said streets in the same block or adjacent blocks.

(7)

When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building shall not project beyond the front yard line required on the lot in rear of such corner lot.

(Ord. No. 68-15, § 4.17, 10-22-1968)

In order to regulate and control the problems of noise, odor, light, fumes, vibration, dust, danger of fire and explosion, and traffic congestion which result from the unrestricted and unregulated construction and operation of automobile service stations, and to regulate and control the adverse effects which these and other problems incidental to the automobile service stations may exercise upon adjacent and surrounding areas, the following additional regulations and requirements are provided herein for automobile service stations located in any zone. All automobile service stations erected after the effective date of the ordinance from which this section is derived shall comply with all requirements of this section. No automobile service station existing on the effective date of the ordinance from which this section is derived shall be structurally altered so as to provide a lesser degree of conformity with the provisions of this section than existed on the effective date of the ordinance from which this section is derived.

(1)

The minimum lot area shall be 40,000 square feet, and so arranged that ample space is available for motor vehicles which are required to wait. Automobile service stations which are intended solely for the sale of gasoline, oil, and minor accessories and having no facilities for repair or servicing of automobiles (including lubricating facilities) may be permitted on lots of 20,000 square feet or larger, subject to all other provisions herein required.

(2)

An automobile service station building housing an office and/or facilities for servicing, greasing and/or washing motor vehicles shall be located not less than 40 feet from any street lot line, and not less than 25 feet from any other lot line.

(3)

All driveways providing ingress to or egress from an automobile service station shall not be more than 30 feet wide at the property line. Not more than one curb opening shall be permitted for each 50 feet of frontage or major fraction thereof along any street. No driveway or curb opening shall be located nearer than 20 feet to any corner or exterior lot line, as measured along the property line. No driveway shall be located nearer than 30 feet, as measured along the property line, to any other driveway giving access to or from the same automobile service station.

(4)

A raised curb six inches in height shall be erected along all street lot lines, except for driveway openings.

(5)

The entire lot, excluding the area occupied by a building, shall be hard-surfaced with concrete or a plant-mixed bituminous material, or, if any part of the lot is not surfaced, then that area shall be landscaped and separated from all surface areas by a low barrier or curb.

(6)

All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All gasoline pumps shall be located not less than 15 feet from any lot line, and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any public sidewalk, street or right-of-way.

(7)

Where an automobile service station adjoins any property located in any residential zone, or is separated from any such property by a public alley only, a masonry wall five feet in height shall be erected and maintained along the common lot line or along the alley lot line. All masonry walls shall be protected by a fixed curb or barrier to prevent vehicles from contacting the wall. In addition, all outside trash areas of used tires, auto parts and other items shall be enclosed on all sides other than for an opaque access door, by said five-foot masonry wall. Said masonry wall may be required by the planning commission where an automobile service station adjoins a nonresidential use such as an office building, medical center, day nursery or landscaped area or other types of nonresidential uses. Walls may be gradually reduced in height (e.g., stepped down) within 25 feet of any street right-of-way.

(8)

All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from adjacent and neighboring property.

(9)

The total gasoline storage capacity of any automobile service station shall not exceed 40,000 gallons.

(10)

No automobile service station or public garage shall be located nearer than 500 feet, as measured from any point on the property line, to any existing automobile service station or public garage.

(11)

No automobile service station or public garage shall be located nearer than 500 feet as measured from any point on the property line to any church, public or private school, or playground.

(12)

Outdoor storage or parking of vehicles other than private automobiles shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m.

(Ord. No. 68-15, § 4.19, 10-22-1968; Ord. No. 71-14, § 2, 10-3-1971; Ord. No. 72-3, § 1, 3-14-1972)

Substandard basement dwellings or garage or trailer dwellings which have been heretofore erected or occupied are hereby declared to be unlawful dwellings and shall be vacated within a period of one year. Buildings erected after the effective date of the ordinance from which this chapter is derived as garages, accessory buildings or trailer dwellings, except where located in properly licensed trailer park, shall not be occupied for dwelling purposes. No basement or cellar apartment shall be used or occupied for dwelling purposes at any time.

(Ord. No. 68-15, § 4.20, 10-22-1968)

Upon the petition of an owner of a parking area in a business or commercial district or on its own motion for a municipal parking area, the city council may authorize the building department to issue a limited number of one-week nonrenewable occupancy permits for a self-contained trailer, camper, or recreational vehicle up to its recognized capacity on parking areas located in business, commercial or municipal areas in the city.

(Ord. No. 77-13, § 1(4.20(b)), 3-14-1978)

The city council shall use the following criteria regarding the approval of petitions in section 52-888:

(1)

That the temporary occupancy permits are necessary to hold an event which will benefit the city financially or aesthetically;

(2)

That the temporary occupancy permits will not impair the health, safety or welfare of the citizens of the city.

(Ord. No. 77-13, § 1(4.20(b)(1)), 3-14-1978)

(a)

Where any lot, part or parcel of land, has located upon it a duly recorded easement for any purpose whatsoever, that portion of such land whereon the easement exists shall be graded as indicated by the building department, and in no event shall be graded so as to obstruct or substantially slow down the normal flow of surface water across such easement. The grade in easements shall in all cases be subject to the approval of the building department.

(b)

In the event the building department shall determine that an easement has been graded in such a manner as to obstruct or substantially slow down the natural flow of surface water across such easement, the building department and its duly authorized agents, servants and employees shall have the right to go upon such easements and remove any obstruction to the natural flow of surface water across such easement and to grade or regrade said easement in such manner that the provisions of this section and section 52-889 shall be complied with.

(c)

In all cases where surface water in platted areas is to be conducted through open drainage ditches or cuts, the person, persons or legal entities platting such land shall enclose such open drainage ditches or cuts with a cyclone type fence at least five feet in height located within or at the edge of the easement provided for such surface drainage. Plans for such fence shall be submitted and approved by the planning commission before the plat of any such subdivision shall be approved by the planning commission.

(Ord. No. 68-15, § 4.21, 10-22-1968)

(a)

Any building or structure which has been wholly or partially erected on any premises located within the city shall not be moved to and be placed upon any other premises in the city until a building permit for such removal shall have been secured under section 52-25. Any such building or structure shall fully conform to all the provisions of this chapter in the same manner as a new building or structure. No building or structure shall be moved into the city from outside the city limits.

(b)

Before a permit may be issued for moving a building or structure, representatives from the building department and the city engineer shall inspect same and shall determine if it is in a safe condition to be moved, whether it may be reconditioned to comply with the state construction code and other city requirements for the use and occupancy for which it is to be used, and whether it will be of similar character with the buildings in the area where it is to be moved. Also, clearances will be obtained from all utility companies insuring that utilities are discontinued and all facilities accounted for. Special inspection fees may be charged to cover costs of inspecting the old site and the new site of said building or structure. Providing these conditions can be complied with, a building permit shall be issued for the moving of said building or structure; this permit to carry the verification of the building inspector and the city engineer.

(Ord. No. 68-15, § 4.22, 10-22-1968)

The construction, maintenance or existence within the city of any unprotected, unbarricaded, open or dangerous excavations, holes, pits or wells, or of any excavations, holes or pits which constitute or are reasonably likely to constitute a danger or menace to the public health, safety or welfare, are hereby prohibited; provided, however, this section shall not prevent any excavation under a permit issued pursuant to this chapter or the state construction code, where such excavations are properly protected and warning signs posted in such manner as may be approved by the building department and, provided further, that this section shall not apply to streams, natural bodies of water or to ditches, streams, reservoirs, or other major bodies of water created or existing by authority of the state, the county, the city or other governmental agency.

(Ord. No. 68-15, § 4.23, 10-22-1968)

The use of land for the excavation, removal, filling or depositing of any type of earth material, topsoil, gravel, rock, garbage, rubbish or other wastes or byproducts, is not permitted in any zoning district except under a certificate from, and under the supervision of the building department in accordance with a topographic plan, approved by the city engineer, submitted by the fee-holder owner of the property concerned. The topographic plan shall be drawn at a scale of not less than 50 feet equals one inch and shall show existing and proposed grades and topographic features and such other data as may from time to time be required by the city engineer. Such certificate may be issued in the appropriate cases upon the filing with the application of a surety bond executed by a surety company authorized to do business in the state running to the city in an amount as established by the city engineer which will be sufficient in amount to rehabilitate the property upon default of the operator of such excavating or filling operation, and to cover court costs and other reasonable expenses. This regulation does not apply to normal soil removal for basement or foundation work when a building permit has previously been duly issued by the building department. Costs of a permit to fill or excavate may be allocated to the building department to defray the city's costs and in accordance with section 52-27.

(Ord. No. 68-15, § 4.24, 10-22-1968)

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the building inspector or the required compliance with his lawful order.

(Ord. No. 68-15, § 4.25, 10-22-1968)

State Law reference— Dangerous buildings, MCL 125.538 et seq.

Nothing in this chapter shall be deemed to require any change in the plans, construction or designed use of any building upon which actual construction was lawfully begun prior to the adoption of this chapter, and upon which building actual construction has been diligently carried on, and provided further, that such building shall be completed within one year from the date of passage of the ordinance from which this chapter is derived.

(Ord. No. 68-15, § 4.26, 10-22-1968)

The provisions of this chapter shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

(Ord. No. 68-15, § 4.27, 10-22-1968)

No proposed plat of a new subdivision shall hereafter be approved by either the city council or the city planning commission, unless the lots within such plat equal or exceed the minimum size and width requirements set forth in the various districts of this chapter, and unless such plat fully conforms with the statutes of the state, the ordinances of the city and the subdivision regulations of the city.

(Ord. No. 68-15, § 4.28, 10-22-1968)

State Law reference— Land division act, MCL 560.101 et seq.

(a)

The erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions, of underground or overhead gas, electrical, steam, or water distribution or transmission systems, collection, communication, supply or disposal systems including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, and other similar equipment and accessories in connection therewith, but not including buildings, reasonably necessary furnishing of adequate service by such public utilities or municipal departments or commissions, or for the public health or safety or general welfare, shall be permitted as authorized and regulated by law and other ordinances of the city in any use district, it being the intention hereof to exempt such erection, construction, alteration, and maintenance from the application of this chapter.

(b)

The zoning board of appeals shall have the power to permit the erection and use of a building, or an addition to an existing building, of a public service corporation or for public utility purposes, in any permitted district to a greater height or of larger area than the district requirements herein established, and permit the location in any use district of a public utility building, structure or use, if the board shall find such use, height, area, building or structure reasonably necessary for the public convenience and service, provided such building, structure, or use is designed, erected and landscaped to conform harmoniously with the general architecture and plan of such district.

(Ord. No. 68-15, § 4.29, 10-22-1968)

(a)

Purpose. It is the purpose of this section to provide for and protect the safety and well-being of the public through the elimination or reduction of sign blight, distractions and obstructions to traffic, alleviation of hazards from signs projecting over or on public ways, discourage excessive competition in signage which causes disorientation and to promote and enhance aesthetically pleasing neighborhoods and business districts with signage that is creative, distinctive, easily readable and compatible with the surroundings.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Aerial balloons and inflatable figures means any balloon, inflatable figure or inflatable object which is anchored or affixed to a location, property, structure or building and used solely to advertise the sale or rental of any product, property or service, or to announce the date or hours of operation of any business or event. Balloons or inflatable figures that are typically hand-held shall not be subject to regulations under this article.

Commercial sign means any sign announcing, displaying or advertising any product or service.

Directional sign means the indication of ingress and egress, placed at driveway locations, containing no advertising material and where the display area does not exceed three square feet.

Freestanding sign means any self-supporting sign not attached to any building or wall and supported by and anchored directly to the ground.

Outdoor banner sign means any temporary, nonridged cloth, plastic or similar material sign placed outdoors.

Political campaign sign means any sign announcing candidates seeking political or nonpolitical office or announcing or indicating any issue or proposal to be placed before the electorate for a decision.

Portable sign means any portable illuminated or nonilluminated sign used solely to advertise the sale of any product, property or service, or to announce the date or hours of operation that is not permanently attached to the building, wall or ground.

Shopping center means a single property with multiple occupancy of retail stores or service establishments under one ownership or management or clustered around a common parking lot with a common driveway entrance.

(c)

Unlawful to erect sign without permit.

(1)

It shall be unlawful for any person to erect, alter, relocate, reassemble, inflate or post any sign, including freestanding signs, portable signs, outdoor banner signs, aerial balloons or inflatable figures governed by the provisions of this article within the city without first having obtained a permit therefor from the building department.

(2)

No permit shall be required for the placement of political campaign signs or political or religious issue signs.

(d)

Application for permit.

(1)

An application for a permit shall be made on a form prescribed by the city, and shall contain, among other things, the name and address of the applicant, the type of sign and the proposed location, the name of the person who will erect, hang or inflate the sign, and the written consent of the owner and lessee of the property on which the sign is to be located.

(2)

If the sign is to be electrically illuminated or inflated the name of the electrician who is to connect the wiring to the electrical supply must be specified, his city license number shown, and the sign shall have an approved Underwriters' Laboratory label number, together with an electrical permit number. Electrical clocks, thermometers or similar devices, when located on the outside of the building, shall, for the purposes of this article, be deemed to be signs. However, if the electrical connection for a portable sign, aerial balloon or inflatable figure is to be accomplished through the use of a standard line cord being placed into an existing electrical receptacle, no electrician is necessary to make the connection.

(3)

Applications for permits to erect or hang signs shall be accompanied by such drawings and specifications as are necessary to fully describe the construction, materials, supports and anchorage for such signs. The drawings for signs exceeding 20 square feet of display area, or exceeding 500 pounds in weight, or ground signs located closer to a public right-of-way line than the height of the sign above ground level, are to be prepared by, and bear the embossed seal of, a registered architect or engineer.

(4)

Every permit application for an aerial balloon, inflatable figure, portable sign or outdoor banner sign must include a description or sketch showing how such sign shall be affixed to the ground or some stationary structure which will prevent its rolling, tumbling, blowing or being pushed onto any driveway, street, alley or other public property.

(e)

Approval of application; issuance of permit.

(1)

The application for permit, together with all plans and specifications in connection therewith, shall be approved by the building department, and such approval shall not be given unless and until such application shall comply with all of the provisions of this article and all other ordinances of the city. If such application complies with all of said ordinances, a permit to erect, hang, alter, relocate, reassemble or post the sign shall be issued by the building department after payment of the appropriate fees as specified by the city council.

(2)

No sign shall be approved unless specifically permitted under one of the provisions of this article.

(3)

Any sign which has been erected for a particular purpose shall not have its use changed without first making a new application and having a permit issued therefor.

(f)

Sign to bear permit number.

(1)

Every permit shall bear a number, which number shall be inscribed upon a metal or hard, durable plastic tag and fastened to the sign in a conspicuous location. The tag shall be resistant to the elements and of a minimum size of three inches by three inches. The inscribed permit number shall be of ten-point type or larger. The applicants shall provide the tags at their own expense.

(2)

The sign erector shall have the permit in his possession at the time and place where the sign is being erected or hung.

(g)

Measurement of sign area. The area of the sign shall be based upon the entire area of the sign that can be included within a single continuous line forming a square, rectangle or other shape encompassing the outermost portions of the sign or around the outermost edges of a sign formed by letters or symbols only. Wall signs painted upon a building shall include all lettering, designs or symbols, together with any background of a different color other than the natural color or finish material of the building. All logos, symbols or/and lettering on canopy and awning signs shall be included in the sign area.

EXAMPLES OF AREA OF MEASUREMENT

Note— Solid outline indicates area of measurement.

_____

(h)

Zoning district restrictions.

(1)

R-1A, R-1B and R-2 residential districts. Persons may display one temporary sign pertaining to the lease or sale of the premises upon which it is placed. The sign shall not exceed six square feet in area and shall not be illuminated. The sign shall be removed within seven days after consummation of a lease or sale transaction. A permitted nonresidential use may display no more than two signs aggregating not more than 12 square feet, advertising the name and activities conducted on the property. No sign shall be erected nearer any street or road than one-half the front or side setback required for the principal building to be erected on the property.

(2)

RM and RMA residential districts. Persons may display one sign indicating the name and address of the building or management thereof. The sign shall not exceed 16 square feet in area and shall not be illuminated. Such use may also display one temporary sign pertaining to the lease of the premises upon which it is placed. The sign shall not exceed six square feet in area and shall not be illuminated. The sign shall be removed within seven days after consummation of a lease or sale transaction. For community facility use, there may also be one nonilluminated changeable display board with an area not exceeding 16 square feet. This display board shall not be located closer than eight feet to any property in an R-1A, R-1B and R-2 district.

(3)

C-1 neighborhood business district. Persons shall be allowed to display one sign facing any one road or street with signage of 1.6 square foot per each lineal foot of building frontage to a maximum of 64 square feet. The sign shall be an accessory to the business conducted on the premises. The sign shall be parallel to and attached to the building and shall not project beyond or overhang the wall, canopy, mansard or pent eave by more than one foot. No sign shall be placed on or project above the roof or parapet of the building to which it is attached.

(4)

C-2 general business, C-3 commercial, C-4 general business, C-5 central business, and C-6A, C-6B regional shopping districts. Persons shall be allowed to display signage of two square feet per each lineal foot of building frontage to a maximum of 120 square feet. If the building fronts two or more streets, the street of the building's mailing or street address shall be considered the building front for purposes of computing building frontage. Signage shall be allowed on the other street frontages of the building, but shall be computed at one square foot per each lineal foot of building frontage on such street to a maximum of 40 square feet. The sign shall be parallel to and attached to the building and shall not project beyond or overhang the wall, canopy, mansard or pent eave by more than one foot. No sign shall be placed on or project above the roof or parapet of the building to which it is attached. If a single use occupancy property has its own parking lot contained on the property, one freestanding sign may be installed. The total allowable signage for the site shall then be the maximum for the building based upon its frontage plus ten percent.

(5)

RD research and development, RO-1 restricted office and SD service districts. Persons shall not display more than one sign, for each office or clinic use in the building, facing any one road or street. The sign shall be an accessory to the business conducted on the premises. The sign shall be flat and parallel with the face of the building wall. No sign shall project beyond or overhand the wall by more than one foot and shall not be placed on or project above the highest point of the roof or parapet. The aggregate of the signs shall not exceed 64 square feet in area.

(6)

GI general industrial and M-1 light industrial districts. No sign support structure shall be located closer to an adjacent property line than a distance equivalent to the height of said sign, and a minimum of 500 feet from other ground signs. The sign shall also comply with all setback requirements in the district. No sign shall exceed 300 square feet in area and may be double faced with 300 square feet on each side.

(7)

M-2 Medium industrial and M-3 heavy industrial districts. No sign support structure shall be located closer to an adjacent property line than a distance equivalent to the height of said sign, and a minimum of 500 feet from other ground signs. The sign shall comply with all setback requirements in the district. No sign shall exceed 1,000 square feet in area and may be double faced with 1,000 square feet on each side.

(8)

Proximity to residential districts. No sign of more than 150 square feet shall be erected within 300 feet of a residential R-1A, R-1B, R-2, RM, or RMA district.

(9)

Public rights-of-way. In all zoning districts, no sign shall be erected or located between the street curb and the sidewalk nor shall any sign be located in, project into or overhang a public right-of-way or dedicated public easement.

(i)

Automobile service center. An automobile service center that is selling gasoline, diesel fuel or any other fuel for vehicles shall be allowed an additional four square feet of signage to display the name of each such product sold on the site and its price. If the premises currently has a ground sign, the pricing signs may be attached to the ground sign, but no additional ground sign shall be installed or erected for the pricing sign.

(j)

Construction and real estate development signs. One sign shall be permitted on the premises where the construction or development is taking place. The sign shall not be erected or placed prior to a building permit being issued for the project or development. The sign shall be removed upon the completion of 51 percent of the square footage of the project being completed or occupied, whichever occurs first. The size and type of sign shall be the same for the zoning district wherein the project is located.

(k)

Funeral homes. In addition to the signage allowed within the zoning district, funeral homes shall be allowed additional signage of two square feet for each chapel within the funeral home. Such signage shall be used solely to announce who is being viewed and the hours or services for such person.

(l)

Garage sale signs. One sign of up to six square feet, indicating a garage sale shall be permitted when located on the property where the event will occur. Additional signs of the same size may be placed, one per property on other private property when placed with that property owner's consent. All signs shall be removed within 24 hours after the conclusion of the sale. No garage sale sign shall be allowed in any commercial, office or industrial zones.

(m)

Political campaign signs.

(1)

No permit shall be required for the placement and erection of political campaign signs.

(2)

No political campaign sign shall be placed or erected sooner than 60 days to any election date, including any primary, special or general election.

(3)

All political campaign signs shall be removed by the candidate, committee or organization listed on the sign within seven days immediately after the election date, including any primary, special or general election. However, a sign for a candidate who was successful in the primary shall be allowed to remain until the final election in which the candidate is involved. The sign must then be removed within seven days.

(4)

All political campaign signs shall bear the name and address of the individual or organization responsible for the sign.

(5)

Prior to a violation being issued under this subsection, a written warning of a violation of this subsection shall be given to the individual or organization responsible for the sign or if not listed on the sign, to the individual or organization described on the sign. The warning shall indicate the nature and location of the violation and the date by which the violation shall be corrected, which date shall not be sooner than seven days, to prohibit further enforcement.

(6)

A person's first or second violation of this subsection shall be a municipal civil infraction with a civil fine as established in section 1-14(b). A person's subsequent violations of this subsection shall be a misdemeanor and subject to the penalties of section 1-14(a).

(n)

Portable signs.

(1)

Portable signs shall not exceed 48 inches in height and 30 inches in width, including the frame or supporting structure.

(2)

No portable sign shall be placed closer than two feet to any public driveway, street, alley, sidewalk or other public property, nor placed upon any other property other than where the business or product advertised is located or sold.

(o)

Shopping center signage. If a single property of multiple occupancy has a frontage of 60 feet or more, one freestanding sign identifying the name of each business located within such and the property name, if applicable, shall be allowed. This sign shall not be included in the signage calculation for each individual occupancy on the property. The maximum allowable signage on such sign shall be 16 square feet for the property or shopping center name and two square feet for each occupancy located on the property, up to a maximum of 44 square feet. Properties of 300 or more linear feet of frontage shall be allowed two such common signs, but shall not be installed any closer than 275 feet to each other.

(p)

Temporary signage. Permits shall be issued for a period not to exceed 15 days. Not more than five portable sign or outdoor banner sign permits shall be issued to any business, individual or organization within any calendar year.

(q)

Window signs.

(1)

Noncommercial window signs shall be allowed in all zoning districts with no restriction on the size. The length of time such sign may be displayed shall be governed by the type of sign.

(2)

Commercial window signs shall only be permitted in C-1 neighborhood business, C-2 general business, C-3 commercial, C-4 general business, C-5 central business, C-6A and C-6B regional shopping, RD research and development, RO-1 restricted office, SD service, GI general industrial, M-1 light industrial, M-2 medium industrial and M-3 heavy industrial zoning districts. Such window sign shall not be included in the signage computation for the business and shall not exceed more than 50 percent of the window area in which it is displayed.

(r)

Sign maintenance.

(1)

No sign shall be installed or maintained in a condition which, in the opinion of the building inspector, based upon the state construction code then in effect, is structurally unsafe or constitutes a hazard to health, safety or the public welfare.

(2)

All signs shall be maintained in good repair, as required by the state construction code then in effect, at all times. Deterioration of painting or other surface treatment which detracts from the appearance of a sign shall be considered a violation of this article.

(3)

All signs shall be maintained in such a condition as to be safe from electrical shocks to any persons who are likely to come in contact with same.

(4)

All signs and the electrical systems thereof shall be maintained in a condition so as to prevent the emission of electrical currents, waves, pulsations or discharges into the surrounding atmosphere which may interfere with radio or television reception.

(5)

All signs pertaining to occupancy of a building are to be removed from the premises within 120 days by the owners and/or occupants, if, and at such time as, such occupancy is discontinued. Removal shall include any and all poles, supporting structures, lettering and sign facings. If such removal is not performed within 120 days, the city may remove the sign or any part of it and assess the cost of such to the property as provided in the city Charter.

(6)

The building inspector or assistant building inspector shall be responsible for enforcement of this article and make periodic inspections of the signs within the city as needed. Records of such inspections shall be kept. Whenever the building inspector or assistant building inspector determines that a sign is in violation of the above provisions of this section, the sign may be ordered removed or corrected by the building department. Upon failure of the owners to comply with such orders, the city may take whatever steps are necessary to have the sign removed, repaired or corrected and assess the cost of such against the owner and/or business and/or real property where the sign was located. A notice and demand shall be sent to the property owner of record and/or the occupant of the property informing him of the necessary repairs or corrections to be made. If such necessary repairs or corrections are not made within 30 days of such notice, the city may take whatever steps are necessary to have the sign removed, repaired or corrected and assess the cost of such against the owner and/or business and/or real property where the sign was located.

(s)

Removal of unauthorized signs.

(1)

In addition to the remedies provided in this chapter pertaining to the enforcement of this chapter, the building inspector or assistant building inspector is hereby authorized and empowered to remove forthwith any and all signs located on public or on private property which have been constructed or installed not in accordance with the provisions of this chapter or for which a permit has not been issued or for which use of such sign has ceased.

(2)

The building inspector or assistant building inspector shall give written notice to the owner and/or business of any action to remove a sign pursuant to this chapter. If the owner and/or business does not comply with the written notice and remove or cure the defect within 45 days from the date of this notice, the city may cause the sign to be removed at the expense of the owner and/or business. If the sign sought to be removed is determined by the building inspector to be an immediate danger to the safety of the public, such notice shall be waived and the building department may cause to have the sign removed immediately. The owner and/or business may request a hearing to show cause as to why the sign should not be removed and such request must be made, in writing, to the building inspector, within the aforementioned 45 days. If the sign has been removed for safety reasons without a notice, such request shall be filed within 45 days of the removal. This hearing shall be conducted before the zoning board of appeals pursuant to the guidelines and provisions for such board.

(3)

Any expense incurred by the city in the removal of any sign shall be charged against the owner and/or property and if the amount of such expense has not been paid to the city within 30 days after a notice therefor has been mailed by ordinary mail to such owner and/or business, the amount of such expense shall be reported by the building department to the city controller, who shall assess the amount of such expense against the real estate on which the sign was located.

(t)

Nonconforming signs. Nonconforming signs and sign structures may remain except as qualified below:

(1)

Other than sign maintenance, no nonconforming sign shall be reconstructed, remodeled, relocated, or changed in size or content to show a new trade name, different words, letters or numbers, new design, different colors or different logo, unless such action will make the sign conform to this article in all respects.

(2)

Nothing in this section shall be deemed to prevent keeping in good repair, a nonconforming sign, including sign maintenance or repainting of the support structure. Supporting structures for nonconforming signs shall not be replaced, unless such replacement will make the sign and sign structure conform to this article in all respects.

(3)

A nonconforming sign or sign structure which is destroyed or damaged by any casualty may be restored within 120 days after such destruction or damage if the owner has shown to the building department, that the damage did not exceed 50 percent of the appraised value of the sign. If such sign or sign structure is destroyed or damaged to an extent that it exceeds 50 percent, it shall be removed and shall not be reconstructed or replaced unless such action makes the sign and sign structure conform to this article in all respects.

(4)

A nonconforming sign or sign structure shall be removed within 30 days if the building containing the use to which the sign is accessory is demolished or destroyed to an extent that it exceeds 50 percent of the building's appraised value.

(5)

Each nonconforming sign and sign structure shall be allowed to remain as long as the current occupant occupies the property upon which the sign is located. Within 30 days of a change in occupancy of the property, the nonconforming sign and sign structure shall be removed.

(6)

Any sign not removed within the time limit herein stated shall be deemed a public nuisance, subject to the removal provisions of this article, and may be removed by the city if the sign owner or property owner fails to do so after being so ordered by the building inspector. A sign or sign structure removed by the city shall be held for 30 days by the city during which period it may be recovered by the owner upon paying the city for cost of removal and storage, and upon payment of any imposed fine. If the sign or sign structure is not recovered within the 30-day period by the owner or occupant of the building from which it was removed, the sign or sign structure is hereby declared abandoned and title thereto shall be vested in the city for disposal in any manner permitted by law.

(u)

Compliance. Applicants for a sign permit under the subsections of this section shall also comply with the state construction code, the highway advertising act, Public Act No. 106 of 1972 (MCL 252.301 et seq.), when applicable, and this chapter. Should the provisions of any of these acts be more stringent than the provisions provided for in this article, then the more stringent provisions shall control.

(v)

Licensing of sign hangers. See article IX of chapter 10.

(w)

Sign appeals.

(1)

An appeal may be taken by any person affected by decision of the building inspector or deputies related to the erection, location and size of all signs regulated pursuant to this chapter.

(2)

Such appeal shall be commenced by the filing of a written notice of review with the building inspector within 30 days after the decision of the building inspector or deputies. The notice of review shall plainly and concisely explain the item upon which the applicant is seeking a review and indicate any exceptional conditions peculiar to the applicant's property or business that the application of the regulations of this sign section would result in practical difficulties and particular hardship upon the applicant.

(3)

A review and publication fee, as prescribed by council resolution shall accompany the notice of review.

(4)

An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector certifies to the board, after the notice of review has been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed, otherwise than by a restraining order, which may be granted by a court of record.

(5)

The planning commission shall schedule a public hearing on the notice for review at a reasonable date and time and shall give due notice of such hearing by publication one time in a local newspaper at least 15 days prior to the hearing and by mailing notice to all property owners pursuant to the last assessment roll within 300 feet of the proposed sign location.

(6)

At such hearing, the planning commission shall receive comments and information concerning the request and shall issue a recommendation and finding regarding the request. This recommendation and finding shall be forwarded to the zoning board of appeals.

(7)

The zoning board of appeals shall then consider the request under the guidelines and provisions of division 3 of article II of this chapter and shall either grant, deny or modify the request.

(Ord. No. 68-15, § 4.30, 10-22-1968; Ord. No. 75-5, § 1, 5-13-1975; Ord. No. 89-7, § 1, 10-23-1990; Ord. No. 96-18, § 1, 12-17-1996; Ord. No. 99-2, § 1, 8-10-1999)

State Law reference— Highway advertising act of 1972, MCL 252.301 et seq.

All radio, television, and other transmitting or relay antenna towers shall be permitted in any business, commercial or industrial district which has access upon a major thoroughfare. The setbacks for such towers from all abutting streets or adjacent property shall be a distance at least 50 feet greater than the height of such tower. The structural plans must be approved by the city engineer and a permit issued.

(Ord. No. 68-15, § 4.31, 10-22-1968)

In order to provide adequate protective screening for residential areas adjacent or near nonresidential areas, the following regulations shall apply:

(1)

Adjacent residential property. Where an R-2, RM, RMA, C-1, C-2, C-3, C-4, C-5, C-6A, C-6B, RD, RO-1, SD, GI, M-1, M-2, or M-3 district abuts directly upon an R-1A or R-1B district, a solid, face brick, masonry wall five feet in height above grade shall be erected along its entire length by users of the R-2, RM, RMA, C-1, C-2, C-3, C-4, C-5, C-6A, C-6B, RD, RO-1, SD, GI, M-1, M-2, or M-3 property. In the alternative, the planning commission may, providing approval is secured from the zoning board of appeals, require a landscaped greenbelt not less than 20 feet wide, to be provided and maintained by the users of the R-2, RM, RMA, C-1, C-2, C-3, C-4, C-5, C-6A, C-6B, RD, RO-1, SD, GI, M-1, M-2 or M-3 property, where such property abuts directly upon a residentially zoned district. Such greenbelt shall be planted with deciduous trees, evergreens, flowering trees, and/or ornamental trees set not closer than six feet to any fence or wall. Other landscaping materials would include flowering shrubs such as spirea, forsythia, yellow and red twig Cronuses, Euonymous alatus and Althaea rosea of a height of not less than four feet. The remainder of the landscaped area which is not planted with the aforementioned stock shall be in well-kept lawn. All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance. All planting plans shall be first submitted to the city planning commission for approval as to suitability of planting materials and arrangements thereof in accordance with the provisions of the preceding sections and provisions of this chapter.

(2)

Residential property across alley. Any R-2, RM, RMA, C-1, C-2, C-3, C-4, C-5, C-6A, C-6B, RD, RO-1, SD, GI, M-1, M-2 or M-3 district on which a drive-in business, open air display, commercial parking lot or other open use is conducted shall be separated along its entire length from any adjacent residentially zoned district, located across a public alley of not less than 20 feet wide, by either a building housing a permitted use or by a solid face brick masonry wall five feet in height above grade located, preferably, on the residential side of said public alley. Greater wall height may be required in accordance with subsection (1) of this section.

(3)

Waiver of wall requirement. Where required walls are provided on the business side of public alleys, wall requirements may be waived to provide necessary entrance to or exit from required off-street parking and loading areas, provided approval is secured from the zoning board of appeals as to suitability of width and location of such openings in said wall.

(Ord. No. 68-2, § 1, 2-13-1968; Ord. No. 68-15, § 4.32, 10-22-1968)

(a)

In any residential zone, no fence or wall shall be erected within a required front yard; except, however, that on lots with a side lot line adjacent to an alley, a fence may be constructed along the alley line to the front of said lot. No fence, wall or similar structure including posts, other supporting structures and decorations or ornaments, shall exceed six feet in height. The six-foot height shall be permitted only along the rear lot line and along the side yard lines up to the rear house only. However, where the house is located on a corner lot or with a side lot line adjacent to an alley, the fence may be extended, along the side yard line, two feet beyond any side door adjacent to the street or alley. A gate of the same height may be installed along any of these lines. No fence shall hereafter be erected, or constructed, of solid brick, masonry, wood or any other material which results in a solid-type fence, or a different placement of height, unless and until the same shall have been approved by the zoning board of appeals. Fences may be constructed of wood or other materials, providing the construction does not result in a solid-type fence. Where a residential lot abuts a commercial alley, an expressway, open drainage ditch or railroad, a solid-type fence may be constructed. Fences enclosing swimming pools shall not be subject to the restrictions of this section, but shall be governed by the state construction code. This section shall not apply to retaining walls.

(b)

Prior to the construction of any fence, an application for a permit to construct the fence shall be filed with the building inspector, together with a plot plan and survey signed and sealed by a registered land surveyor, showing the location and dimensions of the property to be fenced and the location of the proposed fence, and permit fee in the amount as currently established or as hereafter adopted by resolution of the city council from time to time. No fence shall hereinafter be constructed without first obtaining this permit.

(c)

Shrubbery and hedges located in any part of a front yard along the exterior lot line of a lot shall not exceed three feet in height.

(d)

Construction requirements.

(1)

All fence posts shall be set 42 inches below grade and all post holes shall be inspected prior to setting the post.

(2)

The fence shall be erected one inch off the lot line, unless the fence abuts a city sidewalk at which location the fence shall be at least 12 inches from the edge of the sidewalk. A privacy fence erected along side of an existing fence shall be placed at least six inches from the existing fence and shall not be attached to the existing fence.

(3)

All bracing for the fence, including cross bars and nailer strips shall be on the installer's side of the fence.

(4)

All sections of privacy fence between the posts shall be removable for maintenance.

(5)

All fences shall comply with the state construction code requirements.

(e)

The owner of the fence shall maintain the fence in good condition. Maintenance shall include the paint or finish of the fence and maintaining the space between any fence in a neat and weed-free condition. Any privacy fence not properly maintained may be ordered removed at the owner's expense by the building inspector.

(f)

All fences shall have a final inspection by the building inspector and any deficiency noted shall be corrected immediately.

(Ord. No. 68-15, § 4.33, 10-22-1968; Ord. No. 74-12, § 3, 9-10-1974; Ord. No. 83-7, §§ 1, 2, 6-12-1984; Ord. No. 85-13, § 1, 5-28-1985; Ord. No. 89-6, § 1, 4-10-1990)

In all commercial districts the outdoor storage of motor vehicles and trailers shall be permitted by special permit of the zoning board of appeals only.

(Ord. No. 68-15, § 4.34, 10-22-1968)

Site plan review and approval of all development proposals listed below is required by the provisions of this section. The intent of this section is to provide for consultation and cooperation between the developer and the city so that both parties might realize maximum utilization of land and minimum adverse effects upon the surrounding land uses consistent with the requirements and purposes of this chapter. Through the application of the following provisions, the attainment of the master plan of the city will be assured and the city will develop in an orderly fashion:

(1)

Required in use districts. A site plan shall be submitted to the city planning commission for approval and shall be required in the following situations:

a.

Special land uses and planned unit developments.

b.

Any use or development for which the submission of a site plan is required by any provision of this chapter.

c.

Any development, except single-family platted residential, for which off-street parking areas are provided as required in this chapter.

d.

Any use within a R-2, RM, RMA, C-1, C-2, C-3, C-4, C-5, C-6A, C-6B, RD, RO-1, SD, GI, M-1, M-2, or M-3 districts or lying contiguous to or across a street or alley from a single-family residential district and/or use.

e.

Any use except single-family residential which lies contiguous to a major thoroughfare or collector street.

f.

Any nonresidential use permitted in a residential zoned district.

g.

All site condominiums and condominium subdivisions developed pursuant to the condominium act (MCL 559.101 et seq.).

h.

All other developments in which ownership interests in land are transferred for the purpose of development of a physical structure and which do not fall under the requirements of the land division act, (MCL 560.101 et seq.), or article III of chapter 20, pertaining to subdivision regulations.

i.

Change in the zoning classification of the parcel.

j.

Increase in floor space of an existing building that requires an increase in off-street parking to satisfy the zoning requirements.

k.

Any site change that affects internal traffic circulation of the property or affects traffic circulation for properties surrounding the property.

l.

Notwithstanding subsections (1)a through (1)j of this section, a site plan review shall not be required to be submitted to the planning commission and the city building inspector may allow an abbreviated site plan be submitted for his review if all of the following conditions apply:

1.

The proposed construction or improvement is to an existing structure;

2.

The total size of the proposed construction or improvement does not exceed 100 square feet;

3.

The proposed construction or improvement does not increase the required off-street parking as required to satisfy the zoning requirements;

4.

The proposed construction or improvement does not affect internal traffic circulation of the property; and

5.

The proposed construction or improvement does not require any variances.

(2)

Application. An application and site plan for site plan review shall be submitted simultaneously to the city planning commission in the quantities as specified in subsection (5) of this section, pertaining to distribution copies.

a.

The application which shall be obtained from the building official, shall, at a minimum, include all of the following information:

1.

The applicant's name, address (including e-mail address), and phone number in full;

2.

Proof of property ownership, including any options on the property, or any liens against it;

3.

A signed statement that the applicant is the owner of the property, has a legal option on the property or is officially acting on the owner's behalf;

4.

The name and address (including e-mail address) of the owners of record if the applicant is not the owner of record (or firm or corporation having a legal or equitable interest in the land), and the signature of the owners;

5.

The address, complete legal description and parcel number of the property;

6.

Name and address (including e-mail address) of the developer (if different from the applicant);

7.

Name and address (including e-mail address) of the engineer, architect and/or land surveyor;

8.

Project title;

9.

Project description, including the total number of structures, units, bedrooms, offices, square feet, total and usable floor area, parking spaces, carports or garages, employees by shift, amount of recreation and open space, type of recreation facilities to be provided, and related information as pertinent or otherwise required by this chapter;

10.

A vicinity map drawn at a scale of one inch equals 200 feet with north point indicated;

11.

The gross and net square footage of all parcels in the project;

12.

Land uses, zoning classification and existing structures on the subject parcel and adjoining parcels;

13.

Project completion schedule/development phases;

14.

Written statements and/or engineering documentation that addresses project influences on existing infrastructure (including traffic capacity of streets, schools, and existing utilities) and on the natural environment of the site and adjoining lands for all projects involving one-half acre or more of real property and for all projects involving food establishment;

b.

The site plan shall consist of an accurate, reproducible drawing at a scale of one inch equals 20 feet or less, showing the site and all land within 150 feet of the site. If multiple sheets are used, each shall be labeled and the preparer identified. Each site plan shall depict all of the following:

1.

Location of proposed and/or existing property lines, dimensions, legal descriptions, setback lines and monument locations;

2.

Existing topographic elevations and proposed grades, at a maximum of 50 feet intervals sufficient to determine the direction of drainage flows;

3.

Location, type and condition of significant existing vegetation as determined by a registered landscape architect;

4.

Location and elevations of existing watercourses and water bodies, including county drains and manmade surface drainageways, floodplains and wetlands;

5.

Location of existing and proposed buildings and intended uses thereof, as well as the length, width, and height of each building;

6.

Proposed location of accessory structures, buildings and uses, including, but not limited to, all flagpoles, light poles, storage sheds, transformers, air conditioners, generators and similar equipment, and the method of screening where applicable;

7.

Location of existing public roads, rights-of-way and private easements of record and abutting streets;

8.

Location of and dimensions of proposed streets, drives, curb cuts, and access easements, as well as acceleration, deceleration and passing lanes (if any) serving the development;

9.

Location, design, and dimensions of existing and/or proposed curbing, barrier free access, carports, parking areas (including indication of all spaces and method of surfacing), fire lanes and all lighting thereof;

10.

Location, size, and characteristics of all loading and unloading areas;

11.

Location and design of all sidewalks, walkways, bicycle paths and areas for public use;

12.

Location of water supply lines, including fire hydrants and shut off valves, and the location and design of storm sewers, retention or detention ponds, wastewater lines, cleanout locations, connection points and treatment systems, including septic systems if applicable;

13.

Location of all other utilities on the site including, but not limited to, natural gas, electric, cable TV, telephone and steam;

14.

Proposed location, dimensions and details of common open spaces and common facilities such as community buildings or swimming pools if applicable;

15.

Location, size and specifications of all signs and advertising features;

16.

Exterior lighting locations with area 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.

Location and specifications for all proposed perimeter and internal landscaping and other buffering features. For each new landscape material the proposed size at the time of planting must be indicated. All vegetation to be retained on the site must also be indicated, as well as its typical size by general location or range of sizes as appropriate;

19.

Location, size and specifications for screening of all waste and/or recyclable receptacles and other waste disposal facilities;

20.

Location and specifications for any existing or proposed above- or below-ground storage facilities for any chemicals, salts, flammable materials, or hazardous materials as well as any containment structures or clear zones required by government authorities;

21.

Identification of any significant site amenities or unique natural features;

22.

Identification of any significant views onto or from the site to or from adjoining areas;

23.

North arrow, scale and date of original submittal and last revision; and

24.

Seal of the registered engineer, architect, or landscape architect.

(3)

Review and approval authorized.

a.

The planning commission, as specified in this section, shall review and approve, review and approve with conditions, or review and deny all site plans submitted under this section. Each site plan shall comply with the standards for granting a site plan approval as described in subsection (6) of this section. Each action taken with reference to site plan review shall be duly recorded in the official minutes of the planning commission. All site plans which require planning commission review will then be submitted to the planning commission for action along with the recommendation of the plan reviewer, engineer/planner or city building inspector as to conformity or nonconformity with chapter requirements and what revisions or conditions, if any, would be necessary in order to be in conformance.

b.

Prior to any final decision, the planning commission shall seek the recommendations of the city building inspector, public works department, planning consultant, city engineer, fire department, police department and where applicable, the county road commission, county health department, county drain commission, the state department of transportation, and the state department of natural resources.

c.

All applications and site plans which comply with this section shall be acted upon within 60 days of receipt by the city planning commission. Following approval of a site plan, the petitioner shall apply for the appropriate city, county and/or state permits as may be required by said agencies and present appropriate plans and specifications as may be required by such agencies.

(4)

Procedures for submission and review of application.

a.

Submission requirement. The applicant shall complete and submit the required number of copies of the application for site plan approval, site plans, and any other information required by this section. Compliance with the requirements of this chapter is mandatory. The applicant or a representative must be present at each scheduled review by the planning commission or the matter will be tabled for a maximum of two consecutive meetings due to lack of representation. The procedure for processing major project site plans includes three phases:

1.

Conceptual review during a preapplication conference;

2.

Preliminary site plan review; and

3.

Final site plan review.

b.

Preapplication conference. During this conceptual review phase, a generalized site plan is presented by a prospective applicant for consideration of the overall idea of the development. Basic questions of use, density, integration with existing development in the area and impacts on and the availability of public infrastructure are discussed. This conference is scheduled by a prospective applicant with the building official and such other city representatives as appropriate. At this meeting the applicant or representative is also presented with the applicable procedures required by this section for approval of the proposed development and with any special problems or steps that might have to be followed, such as requests to the zoning board of appeals for a variance. There is no charge or fee to the applicant for this meeting.

c.

Preliminary site plan review. A preliminary site plan meeting the submittal requirements of this section shall be reviewed by the planning commission at a public hearing. Any necessary changes for final site plan approval shall be submitted in writing to the applicant within seven days after the hearing. All property owners of record within 300 feet of the subject property shall be notified of the hearing on the preliminary site plan at least seven days prior to the hearing. If no changes are required, the planning commission shall consider this a final review and all requirements for the final site plan shall be incorporated at the same time.

d.

Final site plan review. When requested by the applicant, consideration for final site plan review shall be conducted by the planning commission. The planning commission shall indicate in writing that all requirements of this section including those of other reviewing agencies within the city have been met including any conditions that may be necessary. Where the applicant is dependent upon the grant of any variances by the zoning board of appeals, said favorable action by the zoning board of appeals is necessary before final site plan approval can be granted. An approved site plan shall include a copy of each resolution granting any variance.

(5)

Distribution copies. Where site plan review is required by this section, an applicant for site plan approval shall at least 30 days prior to the next regularly scheduled meeting of the planning commission:

a.

Submit to the building official ten copies of a site plan review package which shall include a copy of the site plan application and checklist, site plan, and any other information required by this section. The applicant shall retain one copy for his records.

b.

Submit an additional four copies of the site plan review package for review by the building department, city engineer for the public works department, fire department and planning consultant. Application fees as found in the city fee resolution must be paid when the application is submitted and sufficient escrow accounts must be established to cover the projected review costs.

c.

If required, submit the site plan review package to the following agencies:

1.

One package to the county road commission;

2.

One package to the county drain commission; and

3.

One package to the county health department.

Upon delivery of the site plan review package, the applicant shall obtain a receipt from the agencies as proof of delivery or a stamped, signed site plan indicating no comment. Comments from each agency, if any, should be returned to the building official. Without these copies and comments the site plan will not be processed.

(6)

Planning commission review.

a.

An application for site plan review will be placed on the agenda of a meeting of the planning commission for discussion and action only after receipt of comments from the state, county, and/or city agencies, unless the site plan has been in possession of the reviewing agencies for 30 days without review and/or comment.

b.

The planning commission, at a scheduled meeting will consider all applications for site plan review and shall:

1.

Upon determination that the site plan is in compliance with this chapter and other plans or regulations, the site plan shall be marked approved; or

2.

Upon determination that the site plan requires minor revisions for compliance, such changes shall be indicated on the site plan. When these changes have been adequately provided, the petitioner shall resubmit the site plan to the planning commission for final site plan review; or

3.

If extensive revisions to the site plan are necessary to meet this chapter, and other applicable plans and regulations, the site plan shall be disapproved and the applicant requested to prepare an alternate site plan. In this case, disapproved shall be written on the plan and reasons for disapproval indicated in the planning commission's minutes.

c.

After a site plan is reviewed and either approved or disapproved by the planning commission, three copies of the site plan, including any conditions of approval, shall be distributed as follows:

1.

One copy (signed by the chairperson of the planning commission) returned to the applicant.

2.

One copy forwarded to the building inspector for filing.

3.

One copy to the secretary of the planning commission for filing.

(7)

Construction.

a.

Upon final site plan approval by the planning commission, a building permit may be obtained subject to the review and approval of the engineering plans by the city engineer and building department.

b.

Construction of an approved site plan shall be commenced within 180 days of the site plan approval. If construction shall not be commenced, the applicant shall be required to appear before the planning commission and demonstrate why the approval should not be revoked. After a hearing the planning commission may revoke the previously approved site plan for the property if the planning commission finds that one or more of the following circumstances exist:

1.

No physical development activity has occurred;

2.

An error in the original approval is discovered either because of inaccurate information supplied by the applicant or administrative error by a staff member or other agency;

3.

Zoning regulations applicable to the project have been changed and the previously approved site plan does not comply with them;

4.

A change in state law, local charter, or other local ordinance affecting the previous approval has occurred;

5.

Pollution, impairment or destruction of the environment or to another legally protected public interest would occur if the project were to be constructed as previously approved.

c.

Thirty days prior to expiration of an approved site plan pursuant this subsection, an applicant may make application for a one-year extension of the site plan at no fee. The applicant shall explain in writing why the development has not proceeded, what the current time frame is and why an extension should be granted. The applicant shall appear in person or by representative at the next meeting of the planning commission.

d.

Revocation of an approved site plan shall be communicated in writing by certified mail to the property owner. The building inspector shall also be notified to withhold any building permit until a new site plan is approved.

e.

Once a site plan has been revoked, any subsequent submittal of the revoked plan shall be processed as a new request with new fees, except for minor amendments pursuant to subsection (10)b of this section.

f.

Following final approval of a site plan by the planning commission, the applicant shall construct the site plan in complete conformity with the approved plan. Failure to do so is a violation of this section.

(8)

Standards for granting site plan approval.

a.

Each site plan shall conform to all applicable provisions of this chapter and the following standards:

1.

All elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and type of the lot, the character of adjoining property and the type and size of buildings. The site shall be so developed as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this chapter.

2.

The landscape shall be preserved in its natural state, insofar as practical, by minimizing tree and soil removal, and by topographic modifications which result in maximum harmony with adjacent areas.

3.

Special attention shall be given to proper site drainage so that removal of stormwaters will not adversely affect neighboring properties or the city's stormwater system.

4.

The site plan shall provide reasonable, visual and sound privacy for all dwelling units located therein. Fences, walks, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of property and for the privacy of its occupants.

5.

All buildings or groups of buildings shall be so arranged as to permit emergency vehicle access by some practical means to all sides.

6.

Every structure or dwelling unit shall have access to public street, walkway or other area dedicated to common use.

7.

There shall be provided a pedestrian circulation system which is insulated as completely as reasonably possible from the vehicular circulation system.

8.

All loading and unloading areas and outside storage areas, including areas for the storage of solid and yard waste, and recyclables, which face or are visible from residential districts or public thoroughfares, shall be screened, by a vertical screen consisting of structural materials no less than six feet and no more than eight feet in height.

9.

Exterior lighting shall be arranged so that it is deflected away from adjacent properties and does not impede the vision of traffic along adjacent streets.

10.

The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets and pedestrian or bicycle pathways in the area. Streets and drives which are part of an existing or planned street pattern which serves adjacent development shall be of a width appropriate to the traffic volume they will carry and shall have a dedicated right-of-way equal to that specified in the master plan.

11.

All streets shall be developed in accordance with article III of chapter 20 pertaining to subdivision and applicable city and county road commission specifications.

b.

Conditional approval. The planning commission may condition approval of a site plan on conformance with the standards of another local, county or state agency, such as but not limited to a public works department, county drain commission, county road commission, state highway commission or natural resources department when the following conditions exist:

1.

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

2.

It would protect the natural environment and conserve natural resources and energy;

3.

It would ensure compatibility with adjacent uses of land; and

4.

It would promote the use of land in a socially and economically desirable manner.

c.

The planning commission may conditionally approve a site plan on conformance with fencing, screening, buffering or landscaping requirements and may collect a performance guarantee consistent with the requirements of subsection (9) of this section to ensure conformance. When so doing, the following finding shall be made and documented as part of the review process:

1.

The required fencing, screening, buffering or landscaping would mitigate negative effects of noise, dust, lighting, vehicular or pedestrian traffic, loading or unloading, parking or other similar impact on 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.

(9)

Performance guarantee required. In the interest of ensuring compliance with this chapter provisions, 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 site plan for a proposed use has been submitted, the applicant shall deposit a performance guarantee for site improvements 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 section, including, but not limited to, roadways, lighting, utilities, sidewalks, drainage, fences, screens, walls, landscaping, and widening strips.

a.

The term "performance guarantee," as used in this subsection, means a cash deposit, certified check, irrevocable bank letter of credit or corporate surety bond in the amount of the estimated cost of site improvements to be made as determined by the applicant and verified by the city building inspector.

b.

Where the planning commission requires a performance guarantee, the performance guarantee shall be deposited with the city treasurer prior to the issuance of a building permit by the building inspector for the development and use of the land. Upon the deposit of the performance guarantee, the city shall deposit the performance guarantee, if in the form of a cash deposit or certified check, in an interest-bearing account to the applicant.

c.

An approved site plan 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 the issuance of the building permit.

d.

In the event the performance guarantee deposited is a cash deposit or certified check, the city shall rebate to the applicant 50 percent of the deposited funds when 60 percent of the required improvements are completed as confirmed by the building inspector and the remaining 40 percent of the deposited funds when 100 percent of the required improvements are completed as confirmed by the building inspector. The remaining ten percent shall be retained by the city for administrative costs and expenses. If a request is made by the applicant for a temporary certificate of occupancy without completion of required exterior improvements, the performance guarantee herein required may be applied by said applicant to ensure compliance with this chapter standards and the specifications of the approved site plan.

e.

Upon the satisfactory completion of the improvement for which the performance guarantee was required, as determined by the building inspector, the treasurer shall return to the applicant the performance guarantee deposited and any interest earned thereon, pursuant to subsection (9)d of this section.

f.

In the event the applicant defaults in making the improvements for which the performance guarantee was required within the time period established by the city, the city shall have the right to use the performance guarantee deposited and any interest earned thereon 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 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 improvements exceeds the amount of the performance guarantee deposited. 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 the city administrative costs in completing the improvement with any balance remaining being refunded to the applicant. If the applicant has been required to post a performance guarantee or bond with another governmental agency other than the city to ensure completion of an improvement associated with the proposed use prior to the city conditional approval, the applicant shall not be required to deposit with the city performance guarantee for that specific improvement and prior to the issuance of a building permit, the applicant shall enter an agreement incorporating the provisions hereof with the city regarding the performance guarantee.

(10)

Amendments to approved site plans.

a.

Amendments to an approved site plan may be made by the planning commission provided that such changes conform to this chapter and the landowner agrees. Minor changes to an approved site plan may be approved by the building official after construction has begun provided no such change results in any of the following:

1.

A significant change in the use or character of the development;

2.

An increase in overall coverage of structures;

3.

A significant increase in the intensity of use;

4.

A reduction in required open space;

5.

A reduction in required off-street parking and loading;

6.

A reduction in required pavement widths or utility pipe sizes; or

7.

A significant increase in traffic on public streets or an increase in the burden on public utilities or services.

b.

No fees shall be required for the following minor amendments:

1.

Moving building walls within the confines of the smallest rectangle that would have enclosed each original approved buildings. Relocation of building entrances or exits, or shortening of building canopies.

2.

Changing to a more restricted use provided there is no reduction in the amount of off-street parking as originally provided.

3.

Changing the angle of parking or aisle width provided there is no reduction in the amount of required off-street parking or in reduction of aisle width below chapter requirements.

4.

Moving of ingress and egress drives a distance of not more than ten feet if required by the appropriate state, county or other local road authority with jurisdiction.

5.

Substituting landscape plan species provided a landscape architect certifies the substituted species is similar in nature and screening effects.

6.

Change type and design of lighting fixtures provided an engineer or architect certifies there will be no change in the intensity of light at the property boundary.

7.

Increase peripheral yards.

8.

Changing the location of an exterior building wall or location not more than ten feet because of a natural impediment or hazard such as bedrock or muck soils; provided that in so doing no setback requirement of this chapter is violated and no significant reduction in safety or in the amount of open space is thereby affected.

c.

If the building inspector finds that a proposed amendment to an approved site plan does not qualify as a minor change, the building inspector shall immediately notify the permit holder, and the planning commission in writing that site plan approval has been suspended pending approval by the planning commission of the proposed amendment. The permit holder's notice shall be delivered by certified mail. If construction has begun, a stop work order shall be issued by the building inspector for that portion of the project which is not in compliance with this section. Once site plan approval for a project has been suspended, the permit holder has the option of changing the project plans to conform with this section requirements, or of restarting the site plan review process. When the issue has been resolved, the building official shall send a written notice to the permit holder, and the planning commission that the project's site plan has again been approved. This provision is not to be construed to prohibit phased development of a project, provided that each phase is developed in accordance with an approved site plan.

(Ord. No. 68-15, § 4.35, 10-22-1968; Ord. No. 68-4, § 1, 3-12-1968; Ord. No. 91-1, § 1, 5-14-1991; Ord. No. 92-8, § 1, 12-15-1992)

State Law reference— Submission and approval of site plan, MCL 125.3501.

(a)

There shall be a minimum floor area for all single-family dwelling units equal to that specified in the zoning district where permitted.

(b)

There shall be a minimum floor to ceiling height of 7.5 feet.

(c)

There shall be a minimum width throughout the entire length of the dwelling of 24 feet measured between the exterior part of the walls having the greatest length.

(d)

There shall be foundation around the entire exterior perimeter of the dwelling of concrete or block of a minimum depth of 42 inches of exposed foundation and a minimum of eight inches exposed foundation above grade of the same design as required by the state construction code.

(e)

As a minimum, there shall be a crawlspace below the entire bottom of the dwelling of two feet in depth with a vapor barrier consisting of two inches of concrete on the floor of the crawlspace provided with adequate drains to drain any accumulation of water in the crawl space. The building inspector may allow an alternative building plan to be utilized if consistent with the state construction code. (This allows for slab on grade construction.)

(f)

The dwelling shall be firmly attached to the foundation, so as to be watertight, in such a way as water will not enter and shall be anchored to said foundation by an anchor system designed and constructed in compliance with the United States Department of Housing and Urban Development regulations entitled, "Mobile Home Construction and Safety Standards," or as required by the state construction code.

(g)

The wheels, pulling mechanism, and tongues shall be removed, if applicable.

(h)

The dwelling shall be connected to a public sewer and water supply.

(i)

There shall be permanently attached to the foundation, steps and/or porch areas where an elevation differential exists between any door and surrounding grade.

(j)

There shall be no additions to the living space of the dwelling unless it meets all the requirements hereof and is built according to the same minimum standard as the dwelling and approved by the building inspector.

(k)

There shall be a minimum of two doors to provide means of ingress and egress from the dwelling.

(l)

Plans, floor plan layouts, certification of meeting HUD mobile home standards (if applicable) and foundation shall be presented along with a site plan showing compliance therewith and with all other requirements of this chapter, including, but not limited to, the requirement of the district in which it is, to the building inspector prior to issuance of a building permit.

(m)

A mobile home must meet standards for mobile home construction as contained in the United States Department of Housing and Urban Development regulations entitled, "Mobile Home Construction and Safety Standards," effective June 15, 1976, as amended. All other dwellings must meet the requirements of the state construction code.

(Ord. No. 82-12, § 2(4.37), 6-8-1982)

(a)

Unlawful to permit the accumulation of dirt or trash on sidewalks and areas adjoining commercial and business establishments. It shall be unlawful for the owner, lessee, or occupant, or any person having charge of any lot or parcel of land being used for commercial or business purposes of any nature within the city, to permit or allow an unsightly amount of dirt, rubbish, trash or debris of any nature to accumulate on the sidewalk and surrounding area adjoining such establishment. The presence of the aforementioned items upon any sidewalk or area adjoining any business or commercial establishment within the limits of the city is hereby declared to be a public nuisance.

(b)

Duty of owner or occupant to provide receptacles. It is hereby declared the duty of any owner, lessee, or occupant, or any person, having charge of any lot or parcel of land being used for commercial or business purposes of any nature within the city, to provide adequate receptacles for the deposit of trash or litter of any kind in a convenient place located near such establishments.

(c)

Sidewalk occupancy permits. In the interest of promoting business by increasing activity and improving the general business climate in business districts, the building inspector may issue revocable permits to businesses who apply for a permit to operate an outside establishment as an extension of, or compatible with, the existing business on a portion of a city sidewalk. The use of the sidewalk shall be limited to activities carried on by the existing business.

(1)

Sidewalk occupancy permits shall be issued if the building department determines the occupancy will not:

a.

Unreasonably interfere with the use of the sidewalk for pedestrian travel;

b.

Unreasonably interfere with the view of, access to or use of property adjacent to said sidewalk or area;

c.

Cause damage to the sidewalk or to trees benches, landscaping or other objects lawfully located therein;

d.

Cause violation of any state or local laws; or

e.

Be attached to or reduce the effectiveness of or access to any utility pole, sign, other traffic control device or street lighting.

(2)

For all businesses selling food or beverages in an area located on a public sidewalk, such areas shall be enclosed by a structure approved by the building department. Prior to approval, written plans and specifications of such structure and any additional construction shall be submitted to the building department. All construction shall conform with the state construction code and regulations of the city and shall not be permanent.

(3)

Prior to the issuance of a sidewalk occupancy permit, additional insurance protecting the city from liability shall be obtained by the business. The council shall determine, by resolution, the necessary amount of liability insurance coverage.

(4)

Prior to the issuance of a sidewalk occupancy permit, a fee as currently established or as hereafter adopted by resolution of the city council from time to time shall be paid by the requesting business for the period of the permit. The period of a sidewalk occupancy permit shall not exceed 180 days. The permit fee shall be tripled, plus a fine of up to $500.00 may be imposed, if any such occupancy occurred prior to the issuance of a permit.

(5)

All permits shall specify the dates and duration of the permitted sidewalk occupancy and the permits shall be valid only for said specified period, which shall not exceed 180 days. The permit shall be subject to immediate revocation for failure to properly maintain the area being used as a sidewalk business.

(6)

Permits shall only be valid if displayed in a manner visible to the public.

(Ord. No. 86-5, § 1(4.38), 4-8-1986)

No firewood, coal, or other combustible material shall be stored in R-1A, R-1B, R-2, RM, or RMA district and all commercial and industrial districts located within 250 feet of a residential district, except when stored no less than six inches above the ground.

(Ord. No. 86-16, § 1(4.39), 12-2-1986)