Bronson City Zoning Code

CHAPTER 154

UNIFIED DEVELOPMENT ORDINANCE

§ 154.01 INTRODUCTORY PROVISIONS.

(A) Short title. This chapter shall be known as the “City of Bronson Unified Development Ordinance”.

(B) Purpose and intent.

(1) Purpose. In interpretation and application, the provisions of this chapter shall be held to be minimum requirements to provide adequate light, air, access, circulation, open yard spaces, off-street parking areas and protection to property value from incompatible uses; to limit and restrict the height, size and location of buildings and uses; to secure safety from fire and other dangers; to lessen congestion in the streets; to limit the density and intensity of use of land; to promote the most appropriate and compatible uses of land in various districts of the city; to provide for enforcement of and variations to these provisions; and to impose penalties for violation thereof.

(2) Intent. It is the intent of this chapter to provide simplified regulations and controls for buildings and uses of land most commonly encountered in city development. Regulations and controls for unusual or unique buildings, conditions or uses of land shall be imposed by the Zoning Board of Appeals so that the intent of this chapter shall be carried out.

(C) Application of Unified Development Code. Except as hereinafter specified, no structure, land or premises shall hereafter be used, subdivided or occupied and no structure or part thereof shall be erected, raised, moved, placed, reconstructed, extended, enlarged or altered, except subject to and in conformity with the regulations herein set forth for the district in which it is located.

(D) Zoning districts.

(1) Permitted uses in the several districts are listed in § 154.04 and within each district.

(2) The following zoning districts are hereby established and the intended use of each district is stated:

(a) R-1 One-Family Residential District;

(b) R-2 Residential District;

(d) MH Manufactured Housing Community (Mobile Home Park);

(e) B-1 Business Residential District;

(f) B-2 Central Business District;

(g) B-3 Community Commercial; and

(h) I Industrial District.

(E) Zoning map.

(1) The zoning map delineating the above zone districts is hereby declared to be a part of this chapter.

(2) Except where reference is shown on the map to a street line or other line designated by dimensions, the district boundary lines follow lot lines or the centerlines of streets or alleys as they existed at the time of the adoption of this chapter.

(3) Where a district line does not coincide with the lines, or the dimensions, it shall be deemed to be 132 feet from the nearest parallel street centerline.

(a) Lot divided by zone line. Where a district boundary line, as established in this chapter, or as shown on the zoning map, divides a lot shown or recorded as being in single ownership at the time of enactment of this chapter, the district regulations and uses shall be observed on the respective side of the district line to which they apply.

(b) Annexed areas. Where property not now in the city shall become annexed to the city, the property shall be zoned automatically as shown by the zoning pattern on the zoning map.

(c) Zoning table incorporated. The zoning table delineating, among other things, the zoning district uses and the minimum yard, height and area requirements for each zone are hereby declared to be a part of this chapter.

(F) Continuing existing uses. Upon the effective date of this chapter, any building, structure or use lawfully existing by the prior zoning ordinance may be continued, except as provided in § 154.06(M).

(G) Area of space required. No lot, yard, court, parking area or other space shall be divided, altered or reduced so as to make the area or dimensions less than the minimum required under this chapter. If already less than the minimum required under this chapter, the area or dimension shall not be further divided or reduced.

(H) Major streets. The following streets shall be defined as major streets when used in this chapter:

(1) Chicago Street (U.S. 12); and

(2) Matteson Street.

(Ord. 225, passed 11-11-2024)

§ 154.02 DEFINITIONS AND MEASUREMENTS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY BUILDING. Any subordinate building, such as a private garage, located on the same lot with the main building, or any portion of the main building if the portion is occupied or devoted exclusively to an accessory use. When an ACCESSORY BUILDING is attached to a main building by a wall or roof, the building shall be considered part of a main building for the purpose of determining the required dimensions of yards.

ACCESSORY USE. Any use customarily incidental to the main use of the premises. ACCESSORY USE shall include satellite antennae receivers.

ADULT FOSTER CARE FACILITY. A governmental or nongovernmental establishment that provides foster care to adults. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. An ADULT FOSTER CARE FACILITY does not include nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation center, or a residential center for persons released from or assigned to a correctional facility.

ADULT FOSTER CARE FAMILY HOME. A private residence with the approved capacity to receive six or fewer adults to be provided with foster care for five or more days a week and for two or more consecutive weeks. The ADULT FOSTER CARE FAMILY HOME licensee must be a member of the household and an occupant of the residence.

ADULT FOSTER CARE LARGE GROUP HOME. A facility with approved capacity to receive at least 13 but not more than 20 adults to be provided supervision, personal care and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.

ADULT FOSTER CARE SMALL GROUP HOME. A facility with approved capacity to receive 12 or fewer adults who are provided supervision, personal care and protection in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks for compensation.

ALLEY. A public way which affords only secondary access to abutting property, not a street as herein defined.

ALTERATION OF BUILDING. A change in the supporting members of a building, and addition to, or a diminution, change in use or conversion of a building or a part thereof.

ANIMAL HOSPITAL. See KENNEL.

APPLICANT. The landowner, developer, facility owner, and/or operator with legal control of the project, including heirs, successors and assigns, who has filed an application for development of a solar energy facility under this section.

AUTOMOBILE STORAGE, DAMAGED. Any storage of vehicles that are not road worthy (defined as unable to pass a state police safety check), not incidental to a vehicle repair shop or service garage.

BASEMENT. A room or portion thereof or any portion of a building which has a floor level more than three feet below ground, containing any of the following features:

(1) Mechanical equipment such as heating, metering or laundry facilities;

(2) No doorway opening directly to ground level or upon a hallway with such a doorway; and/or

(3) No sash windows.

BED AND BREAKFAST. The actual or intended rental of a lodging room or lodging rooms in an owner-occupied dwelling for periods of not more than 14 continuous days, without the provision of separate cooking facilities or meals except breakfast.

BOARD OF APPEALS. The Zoning Board of Appeals of the City of Bronson.

BOARDING HOUSE or ROOMING HOUSE. A dwelling having one kitchen and used for the purpose of providing meals or lodging for pay or compensation of any kind to more than two persons other than members of the family occupying the dwelling.

BREEZEWAY. Any covered passageway between two buildings, the sides of which may be enclosed by lattice, screens or other material allowing passage of air.

BUILDING. A structure erected or placed on-site, a moveable pre-manufactured or precut structure, above or below ground, designed primarily for the shelter, support or enclosure of persons, animals or property of any kind.

BUILDING HEIGHT.

(1) Building height is measured from grade to the highest point of the roofline.

(2) Exception to height limits.

(a) Governmentally owned structures, churches, parapet walls not exceeding four feet in height, belfries, cupolas, domes, chimneys, flagpoles, radio towers, masts and aerials, television antennas, ornamental towers, monuments, transmission towers and necessary mechanical appurtenances are excepted from required height limitations unless otherwise specified in this chapter. In industrial zones, stack chimneys, cooling and fire towers, elevator buildings and bulkheads, storage tanks and other necessary appurtenances of any height are permitted, provided they are located the same distance as their height from any adjoining property line.

(b) All of the foregoing structures and structures determined to be similar by the Planning Commission shall be subject to prior approval by the Planning Commission.

CANOPY. A permanent roof-like shelter extending from part or all of a building face over a public access area.

CHILD CARE CENTER. A facility other than a private residence, receiving one or more children under 13 years of age for group day care for periods of less than 24-hours a day, and where the parents or guardians are not immediately available to the child. It includes a facility which provides care for not less than two consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, or drop-in center.

CHILD CARE HOME, FAMILY. A private home in which one to seven minor children are received for care and supervision by a state licensed caregiver for compensation for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the household.

CHILD CARE HOME, GROUP. A private home in which eight to 14 minor children are given care and supervision by a state licensed care giver for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the household. GROUP CHILD CARE HOME includes a home in which care is given to an unrelated minor child for more than four weeks during a calendar year. GROUP CHILD CARE HOME includes a private home with increased capacity.

CHILD CARING INSTITUTION. A child care facility which is organized for the purpose of receiving minor children for care, maintenance and supervision, usually on a 24-hour basis, in a building maintained for that purpose, and operates throughout the year. It includes a maternity home for the care of unmarried mothers who are minors, an agency group home, and institutions for mentally retarded or emotionally disturbed minor children. It does not include hospitals, nursing homes, boarding schools or an adult foster care facility in which a child has been placed.

CHURCH. An organization that provides for religious worship.

COMMERCIAL MESSAGE. Any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

COMPARISON RETAIL. A facility which offers for sale to the general public, products and commodities of a durable nature such as hardware, apparel and appliances.

CONVENIENCE RETAIL. A facility which offers for sale to the general public, products, commodities or services for daily living, primarily foodstuffs, health and beauty aids and products of a consumable or perishable nature.

DENSITY. A calculation of the maximum number of dwelling units per acre.

DWELLING. Any building or portion thereof usable exclusively for residential purposes and conforms with the following standards:

(1) It complies with the minimum square footage requirements of this chapter for the zone in which it is located.

(2) It has a minimum width across any section of 20 feet and complies in all respects with the BOCA Building Code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where the standards of construction are less stringent than those imposed by the BOCA Building Code, then and in that event the less stringent federal or state standard or regulations shall apply.

(3) It is firmly attached to a permanent foundation, constructed on the site in accordance with the BOCA Building Code and co-extensive with the perimeter of the building, which attachment shall also meet all applicable building codes and other state and federal regulations.

(4) It does not have exposed wheels, towing mechanism, undercarriage or chassis.

(5) The DWELLING is connected to a public sewer and water supply or to the private facilities approved by the local health department.

(6) The DWELLING is aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of not less than six inches on all sides, or alternatively with window sills and roof drainage systems concentrating roof drainage along the sides of the dwelling; with not less than two exterior doors, with one being in the front of the dwelling and the other being either at the rear or side of the dwelling; and with permanently attached steps connected to the exterior door areas or to porches connected to the door areas where a difference in elevation requires the same.

(a) The compatibility of design and appearance shall be determined in the first instance by the City Zoning Administrator upon review of the plans submitted for a particular dwelling, subject to appeal by an aggrieved party to the Zoning Board of Appeals within a period of 15 days from the receipt of notice of the Zoning Administrator’s decision.

(b) Any determination of compatibility shall be based upon the standards set forth within the definition of DWELLING, as well as the character of residential development outside of mobile home parks within 2,000 feet of the subject dwelling where the area is developed with DWELLINGS to the extent of not less than 20% of the area; or, where the area is not so developed, by the character of residential development outside of mobile home parks throughout the city.

(c) The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour or relief from the common or standard designed home.

(7) The DWELLING contains no additions or rooms or other areas except those which are constructed with similar materials and which are similar in appearance and which have similar quality of workmanship as the original structure, including the above-described foundation and permanent attachment to the principle structures.

(8) The DWELLING complies with all pertinent building and fire codes including, in the case of mobile homes, the standards for mobile home construction as contained in the United States Department of Housing and Urban Development (HUD) regulations entitled Mobile Home Construction and Safety Standards, effective June 15,1976, as amended.

(9) The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by the state or federal law or otherwise specifically required in the ordinance of the city pertaining to the parks.

DWELLING, MULTIPLE-FAMILY. A building containing three or more dwelling units designed for residential use that complies with the standards for a dwelling above.

DWELLING, SINGLE-FAMILY. A building containing not more than one dwelling unit designed for residential use that complies with the standards for a dwelling above.

DWELLING, SINGLE-FAMILY ATTACHED. A building containing multiple single-family dwelling units attached by a wall design for residential use. SINGLE-FAMILY ATTACHED DWELLING includes townhomes.

DWELLING, TWO-FAMILY. A building containing not more than two separate dwelling units designed for residential use that complies with the standards for a dwelling above.

DWELLING UNIT. A building or portion thereof providing complete housekeeping facilities for one family.

ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground, surface or overhead gas, electrical, steam or water transmission or distribution 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 reasonably necessary for the furnishing of adequate service by the public utilities or municipal departments or commissions or for the public health or safety or general welfare; but not including buildings other than the buildings that are primarily enclosures or shelters of the mentioned equipment.

FAMILY. Two or more persons related by blood, marriage or adoption, and residing together.

FARM. Any area of two acres or more, used for agricultural purposes and uses incidental thereto, but not to include the raising or keeping of livestock or fowl, provided that the incidental uses shall be subordinate to normal agricultural uses.

FARM BUILDINGS. Any detached accessory building or portion of a main building used for the storage or housing of farm implements or produce.

FLOOR AREA. The area of all floors computed by measuring the dimensions of the outside walls, excluding attic and basement floors, porches, patios, breeze ways, carports and garages, or portions of rooms with less than seven feet of space between the floor and ceiling. The FLOOR AREA of dwelling units in multi-unit buildings does not include commercial hallways, stairs, laundries, utilities or other commercial accessory uses.

FOSTER FAMILY GROUP HOME. A private home in which more than four but less than seven minor children, who are not related to an adult member of the household by blood, marriage or adoption, are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.

FUEL DISPENSING SITE. A location for retail self-service refueling of diesel, gasoline, kerosene, propane, fuel cells or any vehicle propulsion product.

GARAGE, PRIVATE. A detached accessory building or portion of a main building used for the storage of passenger vehicles and/or trucks of a rated capacity of one ton or less.

GARAGE, SERVICE. Any building or structure designed or used for the hire, sale, storage, service, repair or refurbishing of motor vehicles or trailers, but not for the storage of dismantled vehicles or parts thereof for purposes of reuse or resale.

GASOLINE SERVICE STATION. Any building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water or other operating commodities for motor vehicles, and including the customary space and facilities for the installation or furnishing of the commodities on or in or to the vehicles and for the washing or polishing of the vehicles; but not including the use of space or facilities for the refinishing of motor vehicles or for the dismantling, for purposes of reuse or resale, of motor vehicles or parts thereof, or for the outdoor storage or repair of motor vehicles or parts thereof.

GRAMMAR CLARIFICATION. The present tense shall include the future; the singular number shall include the plural; and the plural shall include the singular. The word SHALL is always mandatory. The words ZONE and DISTRICT are the same.

HEIGHT OF BUILDING. The vertical distance, measured from the adjoining curb level, to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided however, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

HOME APPLIANCE REPAIR SHOP. A commercial facility for the restoration of damaged, inoperable or broken machines which are typically used in the home.

HOME OCCUPATION. See § 154.04(C).

IMPROVEMENTS. Buildings, signs, streets, pavements, curb and gutter, water mains, storm sewers, sanitary sewers and laterals, sidewalks and walkways.

INDUSTRIAL, HEAVY. A facility for the processing, manufacturing, repair, compounding, or storage of materials, products, or energy, where the scale and method of operation may produce significant external impacts detectable beyond the lot lines of the property. External impacts may include noise, heat, glare, dust, smoke, fumes, odor, vibration, and/or noxious byproducts. Uses may regularly employ hazardous material or produce hazardous by-products, may include outdoor storage areas, and may have activities that take place outside of structures. Includes such uses as foundries, steel mills, and asphalt and concrete product manufacturing.

INDUSTRIAL, LIGHT. A facility for the processing or manufacturing of products or parts, including fabrication, assembly, treatment, repair, and packaging of such products, and the incidental storage, sales, and distribution of such products, provided that all manufacturing processes are contained entirely within a fully enclosed building. Any heat, glare, dust, smoke, fumes, odors, or vibration are confined to the building, and little or no external impacts are detectable beyond the lot lines of the property.

INSTITUTIONAL AND PUBLIC USES. Churches, schools, hospitals, convalescent or nursing homes, public or quasi-public nonprofit uses, utility transmission towers, above ground regulator or substation structures, buildings owned or occupied by public utilities and governmental buildings.

JUNK YARD. An establishment or place of business which is maintained, operated or used for storing, keeping, or selling junk. JUNK is considered to be old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste or junked, dismantled or wrecked automobiles, or parts thereof. JUNK YARDS are considered to be different in nature than salvage resource recovery facilities, which act as temporary storing and transfer facilities.

KENNEL. Any building or land used for the sale, boarding, treatment or breeding of dogs, cats or other household pets.

LANDOWNER. The persons or entities possessing legal title to parcel(s).

LEGISLATIVE BODY. The City Council of the City of Bronson.

LOT. A parcel or portion of land, exclusive of any adjoining street, separated from other parcels or portions by description.

LOT, CORNER. Any lot having at least two contiguous sides abutting upon a street, provided that the interior angle at the intersection of the two sides is less than 135 degrees. A lot abutting upon a curbed street or streets shall be considered a CORNER LOT if the tangents to the curve, at its points of beginning within the lot or at the points of intersection of the side lot lines with the street line, intersect at an interior angle of less than 135 degrees.

(1) The owner shall have the discretion to decide upon which abutting street the full front yard requirement shall be met.

(2) No portion of the lot within 25 feet of the side lot line of any adjoining property may be utilized for a building or solid fence or wall over four feet in height unless the front yard requirement for the adjoining property is met within the area.

(3) Where the rear yard abuts the side yard of an adjoining property, the side yard requirement of the adjoining lot shall be provided between any structure over three feet in height and the rear lot line.

LOT COVERAGE. Lot coverage is measured by dividing the total area of building footprints for all primary and accessory structures by the total lot area. Driveways, walkways, fences, decks/patios less than 30 inches above grade, above-ground or inground pools, and walls not attached in any way to a roof do not count toward building coverage.

LOT, DOUBLE FRONTAGE. A lot abutting two parallel streets, or abutting two streets which do not intersect at the boundaries of the lot. Front yards shall be provided along each street lot line which is not a side street lot line.

LOT LINE. Any line bounding a lot:

(1) FRONT LOT LINE. The line separating the lot from the street; in the case of a corner lot, the line separating the narrowest side of the lot from the street.

(2) REAR LOT LINE. The line opposite to and most distant from the front line; in irregularly shaped lots, it shall be the straight line entirely within the lot, ten feet long, parallel to and most distant from the front lot line.

(3) SIDE LOT LINES. Any line other than front or rear lot lines.

(4) STREET OR ALLEY LOT LINES. Any line separating a lot from a street or alley.

LOT WIDTH. Lot width is the measure of the width of the lot at the building setback line.

(1) Exception to lot width. A single-family dwelling may be constructed on any officially platted and recorded lot which is less than the width required by this chapter, provided that all other requirements of this chapter are complied with.

(2) Restrictions for lot width adjacent to platted lots. In a block where there exists some platted and unplatted land, and where 50% or more of the total frontage on both sides of a street in the same block is platted, the balance of the unplatted land must be divided into lots each having an average width not less than the average of the 50% of the platted lots, but in no case shall the width of any lot so determined be less than 60 feet; and if less than 50% of the frontage has been platted into lots, then the balance of the unplatted land shall meet the width requirements for the district in which it is located.

MALL AREA. Those areas of multi-tenant developments which are designed exclusively for the public promenade of pedestrians.

MASTER STREET PLAN. The master plan of highways, major streets and parkways, which may be adopted by the Planning Commission.

MEDICAL MARIJUANA. Defined in accord with M.C.L.A. § 333.26423 and the regulations adopted by the state, Department of Community Health, pursuant to authority conferred by § 5 of Initiated Law l of 2008, being M.C.L.A. § 333.26425, and where contemplated by the city code, unless defined otherwise herein.

MEDICAL MARIJUANA MANUFACTURING AND DISTRIBUTION. Defined in accord with M.C.L.A. § 333.26423, and the regulations adopted by the state, Department of Community Health, pursuant to authority conferred by § 5 of Initiated Law 1 of 2008, and where contemplated by the city code, unless defined otherwise herein.

MOBILE HOME. A structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with or without permanent foundation, and which includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. MOBILE HOME does not include a recreational vehicle.

MOBILE HOME PARK - MANUFACTURED HOUSING COMMUNITY. A parcel of land under the control of a person upon which three or more mobile homes are located on a continual non-recreational basis and which is offered to the public for that purpose, regardless of whether a charge if made therefore, together with any building, structure, enclosure, street, equipment or facility used or intended for use incident to the occupancy of a mobile home.

MOTELS. Groups of furnished rooms or separate structures providing sleeping and parking accommodations for transient tourist trade.

MUNICIPALITY. The City of Bronson.

MURAL. See PUBLIC ART.

NONCONFORMING BUILDING. Any building or portion thereof lawfully existing at the time this chapter became effective and which now does not comply with its regulations.

NONCONFORMING USE. Any property use which was lawful at the time this chapter became effective and which now does not comply with its regulations.

PARCEL. All land within a legally established parcel.

PARKING, OFF-STREET ACCESSORY. Any parking area located on the same property it is intended to serve, or across an alley therefrom, and within a district which is not of greater restriction than the property it is intended to serve.

PARKING SPACE, MOTOR VEHICLE. Any accessible area of not less than nine feet by 18 feet, exclusive of access drive and aisles, which is not located on a public street or alley right-of-way and has a shape satisfactory for parking of motor vehicles.

PETROLEUM BULK PLANT. An establishment for the storage of petroleum products, in bulk and in packages, distribution by tank car, tank vehicle or motor truck.

PLANNED UNIT DEVELOPMENT. A predominately single-family residential development in which dwelling units are placed together into one or more groupings within a defined project area.

(1) The dwelling units are separated from adjacent properties or other groupings of dwellings by substantial open space that is perpetually protected from development.

(2) Commercial uses may be allowed within PUDs of ten acres or more.

PLANNING COMMISSION. The Planning Commission of the City of Bronson.

POOL, PRIVATE SWIMMING. Any artificially constructed basin or other structure for the holding of water for use for swimming, diving and other aquatic sports and recreation.

PRACTICABLE. It is available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.

PRINCIPAL BUILDING. A building in which is conducted the principal use allowed of the lot in the district in which it is situated.

PRINCIPAL USE. The primary or predominant use of the premises.

PROTECTED LANDS. Lands containing resources that are protected or regulated by established regulatory standards of local, state, and federal agencies, conservation easements or other contractual instruments in such a way that prohibits or limits development of those lands.

PUBLIC ART. A design or representation painted or drawn on a wall that does not advertise the establishment, product, service or activity.

PUBLIC UTILITY. Any person, firm, corporation, municipal department or board, duly authorized to furnish and furnishing under federal, state or municipal regulations to the public, electricity, gas, steam, communication, telegraph, transportation or water.

RECREATION EQUIPMENT. Shall include travel trailers, pickup campers, motor homes, ice fishing houses, tent trailers, tents, snowmobiles, boats, trampolines, boat trailers and similar equipment and cases or boxes used for transporting recreational equipment, whether occupied by the equipment or not.

RECREATIONAL VEHICLE. A vehicle primarily designed and used as temporary living quarters for recreational, camping or travel purposes, including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle.

RENEWABLE ENERGY COMBINING ZONE. A zoning district that may be combined with other base zoning and applied to specific geographic areas within the county, where the county has determined the land is suitable for a specified variety of solar energy facilities and where permitting for such facilities may be expedited if specified conditions are met.

REVIEW AUTHORITY. Applicable land use decision-making body as determined by local ordinance and appeal procedures.

RIGHT-OF-WAY. An area of land set aside for the placement of public utilities, sidewalks and vehicular traffic. Generally, when sidewalks are present, the edge of the walk that is closest to the home is the outer most edge of the RIGHT-OF-WAY. Common RIGHT-OF-WAY widths in the city are 49.5 feet, 50 feet, 57.75 feet and 66 feet. The RIGHT-OF-WAY for Chicago Street (U.S. 12) is 99 feet.

ROOF LINE. The top edge of a roof or parapet wall, whichever is higher, but excluding any cupolas, chimneys or other minor projections.

SALVAGE YARD. A place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, cleaned or handled, including house and vehicle wrecking yards, used lumber yards and places or yards for use of salvaged house and vehicle parts and structural steel materials and equipment, but excluding: the uses conducted entirely within a completely enclosed building; pawn shops and establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery, used furniture and household equipment; and the processing of used, discarded or salvaged materials as part of manufacturing operations.

SCHOOL. An organization that provides general instruction and teaching for children.

SETBACK.

(1) The distance measured perpendicularly from the lot line to the closest point of the building façade, structure, sign structure, parking area, or any other permanent improvement.

(2) Any other provision of this chapter notwithstanding, the required front setback or side street side setback and lot area in each zone shall not include any part of a lot which lies closer than 40 feet to the centerline of any minor street nor closer than 50 feet to the centerline of any major street shown on the adopted master plan of the city, nor closer than 60 feet to the centerline of any highway shown on the master plan.

(3) When determining the type of setback, any wall or any building can be the front, rear or sides so long as the rear is opposite the front and sides are opposite to each other. Doors or entrances or exits have nothing to do with determining the front, rear or side setbacks so long as all setbacks are adhered to in accordance with this chapter.

SETBACK, FRONT. The open space extending the full width of the lot between the front lot line and required front setback line.

(1) Exception for existing alignment. In any residential district the front setback requirements of a lot may be modified so as to equal the average depth of existing developed front setbacks on lots within 100 feet of the lot and within the same block front; provided the front depth shall not be less than ten feet.

(2) Structures or projections permitted.

(a) Terraces, steps, uncovered porches and other similar features are permitted in any front setback, provided they shall not be higher than 18 inches above the lowest above-grade floor level and shall not be located closer than five feet from any lot line.

(b) Normal chimneys, flues and structural overhangs into a required front setback are limited to 18 inches.

(3) Basis for determination of building setbacks on certain streets. The line from which building setbacks are required by this chapter shall be measured from the established right-of-way lines.

SETBACK, REAR. The open space extending the full width of the lot between the rear lot line and required rear setback line.

(1) When rear setbacks can be reduced.

(a) In all residential districts, any platted and recorded lot less than 120 feet deep may have three inches deducted from the required rear setback depth for every foot the lot is less than 120 feet deep, provided no rear setback shall be less than ten feet.

(b) The required rear setback depth may be measured to the centerline of any adjoining alley, but no building shall be erected within five feet of the alley line.

(2) Structures or projections permitted.

(a) Terraces, steps, uncovered porches or other similar features are permitted in any rear setback and shall not be located less than ten feet from the rear lot line or less than six feet from an accessory building.

(b) Bays, including their cornices and eaves, balconies and fireplaces shall not project more than three feet into a required rear setback.

(c) Normal chimneys, flues, elevator shafts, connecting hallways, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters and other similar features may project into a required rear setback.

SETBACK, SIDE.

(1) The open space extending from the front setback to the rear setback between the side lot line and the required side setback line.

(2) When side setbacks can be reduced:

(a) On lots with a width of less than 60 feet and recorded as such prior to the date of adoption of this chapter, the minimum width of each of the side setbacks shall be five feet, except side street setbacks shall be a minimum width of 15 feet;

(b) Terraces, steps, uncovered porches and other similar features are permitted in any setback, provided they shall not be higher than 18 inches above the lowest above-grade floor level and shall not be closer than five feet from any lot line; and

(c) Normal chimneys, flues, belt courses, leaders, sills, pilasters, cornices, eaves, gutters and other similar features, may project into a required side setback.

SIGN. Any announcement, declaration, display, illustration or insignia used to advertise or promote the interests of any persons or product when the same is placed out-of-doors in view of the general public, including every sign, billboard, ground sign, roof sign, sign painted or printed on the exterior surface of a building or structure, illuminated sign and temporary sign.

SIGN, ABANDONED. Any sign that is still on the premises 90 days after a business ceases to operate or moves from the location.

SIGN, ANIMATED. Any sign that used movement or change of lighting, either natural or artificial, to depict action or create a special effect or scene. This term does not refer to changeable copy signs.

SIGN, AWNING. A sign affixed flat against a retractable or fixed shelter constructed of ridged or non-rigid materials on a supporting framework that projects from the exterior wall of a building.

SIGN, BANNER. A fabric, plastic or other sign made of non-rigid material without a supporting structural framework.

SIGN, BILLBOARD. A sign that advertises an establishment, product, service or activity not available on the lot on which the sign is located.

SIGN, BUSINESS CENTER. A freestanding or monument identification sign for a group of multiple establishments.

SIGN, CHANGEABLE COPY. Any sign designated or constructed whereby the lettering or message usually contained thereon is capable of being changed by rearranging or installing new letters without removing, replacing or resurfacing the face of the sign.

SIGN, CONSTRUCTION. A sign that identifies the owner, financiers, contractors, architects, engineers or other individuals or firms involved with the project under construction.

SIGN, DIRECTIONAL. A sign that gives directions, instructions or facility information such as parking, exit and entrance signs, or location.

SIGN, FREESTANDING. A sign supported on poles, not attached to a wall or building.

SIGN, GOVERNMENT. A temporary or permanent sign erected by the city, the county, townships or the state or federal government.

SIGN, HISTORICAL. A sign for which certain criteria has been recognized, and has been granted a historical permit.

SIGN, MARQUEE. A sign fixed to a permanent structure constructed of rigid materials that projects from the exterior wall of a building.

SIGN, MONUMENT. A sign supported by a solid base with zero ground clearance, not attached to a wall or building.

SIGN, POLITICAL. A sign used to convey political opinions or in support or opposition of political candidates, parties, or other political views.

SIGN, PORTABLE. A sign designated to be moved easily, not permanently affixed to the ground, structure or building, and visible from the public right-of-way, for the purpose of advertisement.

SIGN, PROJECTING. A sign attached to a building or wall that extends more than 12 inches from the face of the building or wall.

SIGN, REAL ESTATE. A sign advertising the real estate upon which the sign is located as being for sale, rent, lease or auction.

SIGN, ROOF SIGN. A sign erected above the roof line of a building.

SIGN, SPECIAL EVENTS. Signs containing public messages concerning special events sponsored by governmental agencies or nonprofit organizations, and/or those special events by for profit organizations as determined by established policy and the Zoning Administrator.

SIGN, SUSPENDED. A sign suspended from a horizontal plane surface, and supported by the surface.

SIGN, TEMPORARY. Any sign used only temporarily and not attached/affixed in any permanent manner.

SIGN, WALL. Any sign painted or attached directly to and parallel to the exterior wall of a building.

SIGN, WINDOW. Any paper, cardboard, paint, graphic or material placed on or behind a window visible to the public. This term does not include merchandise displayed in a window.

SINGLE OWNERSHIP. Ownership by one person or by two or more persons whether jointly, as tenants by the entirety, or as tenants in common of a separate parcel of real property not adjacent to land in the same ownership.

SOLAR ELECTRIC SYSTEM (SES). The components and subsystems that, in combination, convert solar energy into electric or thermal energy suitable for use, and may include other appurtenant structures and facilities. The term includes, but is not limited to, photovoltaic power systems, solar thermal systems, and solar hot water systems.

SOLAR ENERGY FACILITY (SEF). An energy facility, an area of land, or a structural rooftop principally used to convert solar energy to electricity, which includes, but is not limited to, the use of one or more solar energy systems.

SPECIAL LAND USE. A special land use is a use permitted in a given zone when the use is specified in § 154.04(A) and has been reviewed by the Planning Commission, after application, to assure that all specified conditions are met.

STABLE, PRIVATE. Any building for shelter of horses not kept for remuneration, hire or sale.

STOREFRONT. The predominant frontage of the building.

STORY. The portion of a building included between the surface of any floor above the average elevation or ground at the foundation wall and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling above it.

STREET. A public right-of-way which has been dedicated to the public and accepted for the purpose of providing access to abutting private lots or land, including space for curb, gutter, paving and sidewalks.

STREET, LOCAL. A street intended to serve and to provide access to neighborhood or sub-neighborhoods.

STREET, MAJOR; HIGHWAY; PARKWAY. Streets or roads which serve or are intended to serve as major traffic ways.

STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

SUBDIVIDER. Any individual, firm, association syndicate, co-partnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or herself or for another.

SUBDIVISION. The division of a parcel of land to two or more lots or parcels for the purpose of transfer of ownership or building development, or if a new street is involved, any division of a parcel of land; provided that a division of land which may be ordered or approved by a court, or affected by testamentary or interstate provisions, or a division of land for agricultural purposes into lots or parcels often acres or more, and not involving a new street, shall not be deemed a SUBDIVISION. The term includes RE-SUBDIVISION, and when appropriate to the context shall relate to the process of subdividing or to the land subdivided.

TOURIST HOME, BOARDING, ROOMING AND LODGING HOMES. The actual or intended rental of a lodging room or lodging rooms in an owner-occupied dwelling for periods of not more than 14 continuous days, without the provision of separate cooking facilities or meals.

TRAILER. Any vehicle designed to be drawn by an automotive vehicle.

TRUCK TRACTOR AND/OR TRAILER RIG. A truck vehicle unit as classified by the American Association of State Highway Officials as a wb-40 or wb-50 vehicle.

(1) The minimum specifications are as follows:

	Wb-40	Wb-50
Wheelbase	13+27=40 ft.	20+30=50 ft.
Front overhang	4	3
Rear overhang	6	2
Overall length	50	55
Overall width	8.5	8.5
Height	13.5	13.5

(2) This classification applies to TRUCK TRACTORS with or without TRAILER RIGS.

VARIANCE. A modification of the required provisions of the physical development or land use standards of the zoning ordinance granted when strict enforcement of this chapter would cause undue hardship owing to circumstances unique to the individual property on which the VARIANCE is granted. The crucial points of a VARIANCE are undue hardship and unique circumstances applying to the property. A VARIANCE is not justified unless both elements are present in the case.

VEHICLE REPAIR SHOP. A building used for the painting or repair of damaged motor vehicles, boats, mobile housing facilities or trailers.

VEHICLE SALES AREA - LOT.

(1) A lot or portion thereof to be used only for the display, sale or rental of new and used motor vehicles, boats, mobile housing facilities or trailers, all in working or road worthy condition.

(2) A VEHICLE SALES AREA - LOT shall not be used for:

(a) The storage of wrecked vehicles;

(b) The dismantling of the vehicles; or

YARD, LEAST DEPTH OR WIDTH. The shortest horizontal distance from each of the lot lines to the building thereon.

ZONING OFFICIAL. City Manager or a designee appointed by the City Manager to enforce and administer this chapter with the cooperation and assistance of the County Building Inspector.

(Ord. 225, passed 11-11-2024)

§ 154.03 ZONING DISTRICTS

(A) R-1 One-Family Residential District.

(1) Intent. This district is established to create and preserve single-family neighborhoods free from other uses except those which are both compatible with and convenient to the residents of such a district. These districts will be developed as lower density single-family neighborhoods.

(2) Uses. Uses are permitted according to the following table. More information on use standards can be found in § 154.04

PERMITTED USES
Key Permitted Use P Special Use — S Accessory Use A Use-Specific Standards — *
Use	Type	Use-Specific Standards
Residential uses
Adult foster care facility	P*	§ 154.04(B)(1)
Child care home, family	P
Child care home, group	S
Dwelling, single family	P
Home occupations	A/S*	§ 154.04(C)(4)
Qualified residential treatment program	P*	§ 154.04(B)(13)
State licensed residential facility	P*	§ 154.04(B)(15)
Industrial uses
Agriculture, plant	P
Institutional and public uses
Institutional or public uses	P*	§ 154.04(B)(10)
Utility uses
Essential services	P*	§ 154.04(B)(6)
Solar energy facilities	*	§ 154.04(E)

(3) Development standards.

Min. lot width	50 ft. (A on graphic below)
Min. lot depth	90 ft.
Min. lot area
Single-family dwelling	4,500 sq. ft.
Institutional or public uses	None
All other uses	None
Max. lot coverage	40%
Min. setbacks
Front	25 ft. (B on graphic below)
Corner	15 ft. (C on graphic below)
Side setback	5 ft. (D on graphic below)
Rear	5 ft. (E on graphic below)
Max. building or structure height	35 ft.
Min. primary building or structure floor area	400 sq. ft.

(4) Additional development standards.

(a) Parking: refer to § 154.05(A).

(b ) Signs: refer to § 154.05(B).

(d ) Site plan review and approval shall be obtained in accordance with § 154.06(A).

(e) Conformance with smoke detector provisions in § 150.02.

(B) R-2 Traditional Residential District.

(1) Intent. This district is intended to allow for a mix of traditional housing that provides a neighborhood of diverse housing types. R-2 also allows for small community focused commercial uses and essential services.

(2) Uses. Uses are permitted according to the following table. More information on use standards can be found in § 154.04.

PERMITTED USES
Key Permitted Use P Special Use — S Accessory Use A Use-Specific Standards — *
Use	Type	Use-Specific Standards
Residential uses
Adult foster care facility	P*	§ 154.04(B)(1)
Child care home, family	P
Child care home, group	S
Dwelling, single family	P
Dwelling, two family	P
Dwelling, apartments (5 to 12 units)	S*	§ 154.04(B)(4)
Group dwellings	S*	§ 154.04(B)(9)
Home occupations	A/S*	§ 154.04(C)(4)
Nursing or convalescent homes	P
Qualified residential treatment program	P*	§ 154.04(B)(13)
State licensed residential facility	P*	§ 154.04(B)(15)
Commercial uses
Beauty salons and barber shops	S*	§ 154.04(B)(2)
Bed and breakfast	P
Funeral homes	S*	§ 154.04(B)(8)
Offices	S*	§ 154.04(B)(12)
Institutional and public uses
Institutional or public uses	P*	§ 154.04(B)(10)
Utility uses
Essential services	P*	§ 154.04(B)(6)
Solar energy facilities	*	§ 154.04(E)

(3) Development standards.

Min. lot width	40 ft. (A on graphic below)
Min. lot depth	60 ft.
Min. lot area
Single-family dwelling	2,400 sq. ft.
Single-family dwelling (attached)	None
Two-family dwellings	2,400 sq. ft.
Institutional or public uses	None
All other uses	None
Max. lot coverage	40%
Min. setbacks
Front	25 ft. (B on graphic below)
Corner	15 ft. (C on graphic below)
Side setback	5 ft. (D on graphic below)
Attached single-family side setback	0 ft.
Rear	5 ft. (E on graphic below)
Max. building or structure height	35 ft.
Min. dwelling unit floor area single-family/two-family	500 sq. ft.
Min. dwelling unit floor area three-family and above	400 sq. ft.

(4) Additional development standards.

(a) Parking: refer to § 154.05(A).

(b) Signs: refer to § 154.05(B).

(d) Site plan review and approval shall be obtained in accordance with § 154.06(A).

(e) Conformance with smoke detector provisions in § 150.02.

(1) Intent. The R-3 Multifamily Residential District provides for the widest range of residential uses to meet the current and future housing needs of the community. Mixing of residential uses within the same development is encouraged to create unique developments that provide a wide range of housing types and prices to residents.

(2) Uses. Uses are permitted according to the following table. More information on use standards can be found in § 154.04.

PERMITTED USES
Key Permitted Use P Special Use — S Accessory Use A Use-Specific Standards — *
Use	Type	Use-Specific Standards
Residential uses
Adult foster care facility	P*	§ 154.04(B)(1)
Child care home, family	P
Child care home, group	S
Dwelling, single family	P
Dwelling, two family	P
Dwelling, three family	P
Dwelling, four family	P
Dwelling, apartments (5 to 12 units)	P	154.04(B)(4)
Dwelling, apartments (13 or more units)	S*	§ 154.04(B)(5)
Group dwellings	S*	§ 154.04(B)(9)
Home occupations	A/S*	§ 154.04(C)(4)
Nursing or convalescent homes	P
Qualified residential treatment program	P*	§ 154.04(B)(13)
State licensed residential facility	P*	§ 154.04(B)(15)
Commercial uses
Beauty salons and barber shops	S*	§ 154.04(B)(2)
Funeral homes	S*	§ 154.04(B)(8)
Offices	S*	§ 154.04(B)(12)
Institutional and public uses
Institutional or public uses	P*	§ 154.04(B)(10)
Utility uses
Essential services	P*	§ 154.04(B)(6)
Solar energy facilities	*	§ 154.04(E)

(3) Development standards.

Min. lot width	40 ft. (A on graphic below)
Min. lot depth	60 ft.
Min. lot area
Single-family dwelling	2,400 sq. ft.
Single-family dwelling (attached)	None
Two-family dwellings	2,400 sq. ft.
Three/four-family dwellings	2,000 sq. ft. per unit
Apartments	2,000 sq. ft. per unit
Institutional or public uses	None
All other uses	None
Max. lot coverage	40%
Min. Setbacks
Front	25 ft. (B on graphic below)
Corner	15 ft. (C on graphic below)
Side setback	5 ft (D on graphic below)
Attached single-family side setback	0 ft.
Rear	35 ft. (E on graphic below)
Max. building or structure height	40 ft.
Min. dwelling unit floor area single-family/two-family	500 sq. ft.
Min. dwelling unit floor area three-family and above	400 sq. ft.

(4) Additional development standards.

(a) Parking: refer to § 154.05(A).

(b) Signs: refer to § 154.05(B).

(d) Site plan review and approval shall be obtained in accordance with § 154.06(A).

(e) Conformance with smoke detector provisions in § 150.02.

(D) MH Manufactured Housing Community.

(1) Intent.

(a) This district is designed to accommodate modern manufactured housing communities or mobile home parks in a manner consistent with the general rules of the State Manufactured Housing (Mobile Home) Commission.

(b) The regulations of this district are intended to provide adequate space and facilities for healthful living conditions for the occupants of those areas.

(c) Mobile home parks should be serviced by municipal services or by systems approved by the appropriate state, county and city agencies.

(d) All mobile home districts should have direct access to a public thoroughfare which provides safe and adequate access.

(2) Uses. Uses are permitted according to the following table. More information on use standards can be found in § 154.04.

PERMITTED USES
Key Permitted Use — P Special Use — S Accessory Use — A Use-Specific Standards — *
Use	Type	Use-Specific Standards
Residential uses
Manufactured housing communities	P
Mobile home parks	P
Institutional and public uses
Institutional or public uses	P*	§ 154.04(B)(10)
Utility uses
Essential services	P*	§ 154.04(B)(6)
Solar energy facilities	*	§ 154.04(E)

(3) Development standards.

Min. lot width	50 ft. (A on graphic below)
Min. lot depth	None
Min. lot area	8 acres
Min. outdoor recreation area	8%
Max. lot coverage	25%
Min. setbacks
Front	25 ft. (B on graphic below)
Corner	15 ft. (C on graphic below)
Side setback	15 ft. (D on graphic below)
Rear	15 ft. (E on graphic below)
Max. building or structure height	None

(4) Additional development standards.

(a) Parking: refer to § 154.05(A).

(b) Signs: refer to § 154.05(B).

(d) Site plan review and approval shall be obtained in accordance with § 154.06(A).

(e) Conformance with smoke detector provisions in § 150.02.

(5) Compliance with state law. Manufactured housing communities and mobile home parks shall comply with all regulations promulgated under the Mobile Home Commission Act (Public Act 96 of 1987, being M.C.L.A. §§ 125.2301 through 125.2350) as may be amended.

(6) Affidavit required. The plan for any new mobile home park or court must include a signed affidavit from an architect, engineer, or other similar professional before it is submitted to the City Council for approval.

(7) Landscaping required. Type 1 landscaping and screening is required along property lines adjacent to residential uses.

(8) Roads, service drives, and street lighting. The park or court owner or developer will be responsible for the construction and maintenance of all roads, service drives, and street lighting in the park or court, exclusive of dedicated streets. Maintenance shall include all care, including snow and ice control. The roads, service drives, and street lighting must be included on the plans and be approved by the City Council.

(9) Water and sewage facilities.

(a) Installation of water and sewage facilities will be brought to the edge of the property at one place, to be designated by the city and at city cost.

(b) All additional facilities will be constructed to city requirements at the expense of the park or court owner or developer. Each individual mobile home must have its own connections and water meter.

(E) B-1 Neighborhood Business District.

(1) Intent. This district is established to create and preserve areas for those commercial facilities which are especially useful in close proximity to residential areas, while minimizing the undesirable impact of the uses on the neighborhoods which they service.

(2) Uses. Uses are permitted according to the following table. More information on use standards can be found in § 154.04.

PERMITTED USES
Key Permitted Use — P Special Use — S Accessory Use — A Use-Specific Standards — *
Use	Type	Use-Specific Standards
Residential uses
Dwelling, above first floor retail	P
Commercial uses
Bank	S
Beauty salons and barber shops	P	§ 154.04(B)(2)
Bed and breakfast	P
Child care centers	P
Funeral homes	S	§ 154.04(B)(8)
Medical or dental clinics	P
Offices	P	§ 154.04(B)(12)
Retail sales and services	P
Institutional and public uses
Institutional or public uses	P*	§ 154.04(B)(10)
Utility uses
Essential services	P*	§ 154.04(B)(6)
Solar energy facilities	*	§ 154.04(E)

(3) Development standards.

Min. lot width	60 ft. (A on graphic below)
Min. lot depth	None
Min. lot area	None
Max. lot coverage	None
Min. setbacks
Front	25 ft. (B on graphic below)
Corner	15 ft. (C on graphic below)
Side setback	10 ft. (D on graphic below)
Rear	25 ft. (E on graphic below)
Max. building or structure height	28 ft.

(4) Additional development standards.

(a ) Parking: refer to § 154.05(A).

( b) Signs: refer to § 154.05(B).

(c ) Landscaping and screening: refer to § 154.05(C).

( d) Site plan review and approval shall be obtained in accordance with § 154.06(A).

(e ) Conformance with smoke detector provisions in § 150.02.

(5) Minimizing negative affects on adjacent property.

(a) All permitted uses shall be conducted within the confines of a building or within an enclosure which screens any outdoor operations or storage of materials from the view of adjoining streets or properties.

(b) Sales of produce and plants are permitted in semi-open structures.

(6) Existing dwellings, group dwellings, and apartments. These existing uses shall meet the provisions of the R-3 district and special land uses within the R-3 district.

(F) B-2 Central Business District.

(1) Intent. This district is established to create and preserve a central business district convenient and attractive for a wide range of retail uses and business, government and professional offices and places of amusement in a setting conducive to and safe for a high volume of pedestrian traffic with limited residential use.

(2) Uses. Uses are permitted according to the following table. More information on use standards can be found in § 154.04.

PERMITTED USES
Key Permitted Use — P Special Use — S Accessory Use — A Use-Specific Standards — *
Use	Type	Use-Specific Standards
Residential uses
Dwellings, above first floor	P
Commercial uses
Amusement and recreation	S
Bank	P
Beauty salons and barber shops	P	§ 154.04(B)(2)
Child care centers	P
Drink and restaurant establishment	P
Funeral homes	P	§ 154.04(B)(8)
Hotels, motels	P
Laundry and dry cleaning	P
Medical or dental clinics	P
Offices	P	§ 154.04(B)(12)
Plumbing, electrical, welding, repair shop
Printing and publishing	P
Retail sales and services	P
Institutional and public uses
Institutional or public uses	P*	§ 154.04(B)(10)
Train, bus, or taxi terminal or dispatching	S
Essential services	P*	§ 154.04(B)(6)
Solar energy facilities	*	§ 154.04(E)

(3) Development standards.

Min. lot width	25 ft. (A on graphic below)
Min. lot depth	None
Min. lot area	None
Max. lot coverage	None
Min. setbacks
Front	0 ft. (B on graphic below)
Corner	0 ft. (C on graphic below)
Side setback	0 ft. (D on graphic below)
Rear	0 ft. (E on graphic below)
Max. Building or Structure Height	35 ft.

(4) Additional development standards.

(a) None required. If provided, see § 154.05(A) for design standards.

(b) Signs: refer to § 154.05(B).

(d) Site plan review and approval shall be obtained in accordance with § 154.06(A).

(e) Conformance with smoke detector provisions in § 150.02.

(5) Minimizing negative affects on adjacent property.

(b) Sales of produce and plants are permitted in semi-open structures.

(6) Downtown character requirements. To preserve the downtown character of the buildings within the B-2 Central Business District, buildings shall comply with the following standards:

(a) The main entrance of buildings shall be prominently located and facing the primary street; and

(b) Ground floors of buildings shall be a minimum of 60% transparent for front façades. Corner façades are not required to meet this transparency requirement; and

(c) A minimum of 66% of each front or corner façade shall be constructed of high quality, durable, natural materials, such as stone or brick; fiber cement board siding; and glass. High quality synthetic materials may be approved by the Zoning Official.

(G) B-3 Community Commercial District.

(1) Intent. This district is composed of certain land along highways, major thoroughfares or parcels near major thoroughfares with adequate isolation from adjoining residential uses, intended for uses necessary or convenient to service the residents of the community and those commercial establishments which are of a similar nature in their service to the public.

(2) Uses. Uses are permitted according to the following table. More information on use standards can be found in § 154.04.

PERMITTED USES
Key Permitted Use — P Special Use — S Accessory Use — A Use-Specific Standards — *
Use	Type	Use-Specific Standards
Residential uses
Dwelling, above first floor retail	P
Commercial uses
Amusement and recreation	P
Bank	P
Beauty salons and barber shops	P	§ 154.04(B)(2)
Building supply and lumber yards	P*	§ 154.04(B)(3)
Child care centers	P
Drink and restaurant establishment	P
Drive through	A
Fuel sales with service	S*	§ 154.04(B)(7)
Fuel sales without service	S
Funeral homes	P	§ 154.04(B)(8)
Greenhouse, produce stand	P
Home appliance repair shops	S
Hotels, motels	P
Laundry and dry cleaning	P
Medical or dental clinics	P
Offices	P	§ 154.04(B)(12)
Plumbing, electrical, welding, repair shop	P
Printing and publishing	P
Retail sales and services	P
Vehicle repair and/or sales	S*	§ 154.04(B)(16)
Retail sales and services	P
Industrial uses
Warehousing and distribution	S
Institutional and public uses
Institutional or public uses	P*	§ 154.04(B)(10)
Train, bus, or taxi terminal or dispatching	P
Utility uses
Essential services	P*	§ 154.04(B)(6)
Solar energy facilities	*	§ 154.04(E)

(3) Development standards.

Min. lot width	100 ft. (A on graphic below)
Min. lot depth	None
Min. lot area	None
Max. lot coverage	None
Min. setbacks
Front	30 ft. (B on graphic below)
Corner	15 ft. (C on graphic below)
Side setback	10 ft. (D on graphic below)
Rear	25 ft. (E on graphic below)
Max. building or structure height	32 ft.

(4) Additional development standards.

(a) Parking: refer to § 154.05(A).

(b) Signs: refer to § 154.05(B).

(d) Site plan review and approval shall be obtained in accordance with § 154.06(A).

(e) Conformance with smoke detector provisions in § 150.02.

(5) Minimizing negative affects on adjacent property.

(b) Sales of produce and plants are permitted in semi-open structures.

(6) Existing dwellings, group dwellings, and apartments. These existing uses shall meet the provisions of the R-3 district and special land uses within the R-3 district.

(H) I Industrial District.

(1) Intent. This section establishes and preserves areas for industrial and related uses of such a nature that they do not create serious problems of compatibility with other kinds of land uses, and is intended to make provisions for certain kinds of commercial uses which are most appropriately located as neighbors of industrial uses or which are necessary to service the immediate needs of the people in these areas.

(2) Uses. Uses are permitted according to the following table. More information on use standards can be found in § 154.04.

PERMITTED USES
Key Permitted Use — P Special Use — S Accessory Use — A Use-Specific Standards — *
Use	Type	Use-Specific Standards
Commercial uses
Adult entertainment	S
Amusement and recreation	P
Bank	P
Beauty salons and barber shops	P	§ 154.04(B)(2)
Building supply and lumber yards	P*	§ 154.04(B)(3)
Drive through	A
Fuel sales with service	S*	§ 154.04(B)(7)
Fuel sales without service	S
Greenhouse, produce stand	P
Home appliance repair shops	P
Laundry and dry cleaning	P
Offices	P	§ 154.04(B)(12)
Plumbing, electrical, welding, repair shop	P
Printing and publishing	P
Retail sales and services	P
Vehicle repair and/or sales	S*	§ 154.04(B)(16)
Industrial uses
Agriculture, plant	P
Industrial, heavy	S
Industrial, light	P
Medical marijuana manufacturing	S*	§ 154.04(B)(11)
Outdoor storage of goods or vehicles	S
Salvage yard and resource recovery facilities	S*	§ 154.04(B)(14)
Warehousing and distribution	P
Institutional and public uses
Institutional or public uses	P*	§ 154.04(B)(10)
Train, bus, or taxi terminal or dispatching	P
Utility uses
Essential services	P*	§ 154.04(B)(6)
Solar energy facilities	*	§ 154.04(E)

(3) Development standards.

Min. lot width	None (A on graphic below)
Min. lot depth	None
Min. lot area	None
Max. lot coverage	None
Min. setbacks
Front	30 ft. (B on graphic below)
Corner	20 ft. (C on graphic below)
Side setback	10 ft. (D on graphic below)
Rear	25 ft. (E on graphic below)
Max. building or structure height	45 ft.

(4) Additional development standards.

(a) Parking: none required. If provided, see § 154.05(A) for design standards.

(b) Signs: refer to § 154.05(B).

(d) Site plan review and approval shall be obtained in accordance with § 154.06(A).

(e) Conformance with smoke detector provisions in § 150.02.

(5) Minimizing negative affects on adjacent property.

(b) The foregoing shall not apply to permitted automotive sales areas, convenience store, fuel dispensing site, vehicle repair shop, the sale of produce and plants in semi-open structures or drive-in retail establishments serving the customer from his or her vehicle. Type 1 screening is required for these uses with outdoor operations.

(6) Statement of compliance. Before the issuance of any building or occupancy permit, the applicant shall sign an agreement stating that the use of the property will meet the applicable city ordinances, county codes and state and federal regulations, and that any violation of these standards in subsequent operations will be corrected, the costs of inspection by experts to determine compliance to be borne by the applicant.

(I) Planned Unit Development.

(1) Intent.

(a) Planned unit development (PUD) as authorized by § 4b of the City Zoning Act (Public Act 207 of 1921, as amended) is intended for the following purposes:

1. Encouraging the use of land in the city in accordance with its character and adaptability;

2. Assuring the permanent preservation of open space, and natural resources;

3. Providing recreational facilities within a reasonable distance of all residential developments;

4. Allowing innovation and greater flexibility in the design of residential developments;

5. Ensuring compatibility of design and use between neighboring properties; and

6. Encouraging a less sprawling form of development, thus preserving open space as undeveloped land.

(b) The regulations of this section are further intended to preserve a traditional community character to the land use pattern in the city through the creation of small residential areas with open space and less intensive land uses.

(c) This section is not intended as a device for avoiding this unified development ordinance of the city, the standards set forth therein, nor the planning concepts upon which the unified development ordinance has been based.

(d) These regulations are intended to result in a specific development substantially consistent with unified development ordinance standards, yet allow for modifications from the general standards to ensure appropriate, fair and consistent decision making.

(e) The PUD District is an overlay district in all residential districts.

(2) Criteria for eligibility. To be eligible for PUD consideration, the applicant must present a proposal for residential development that meets each of the following:

(a) Substantial benefit. A PUD shall result in a recognizable and substantial benefit, both to the residents of the property and to the overall quality of life in the city. The benefits can be provided through site design elements in excess of the requirements of this chapter, such as high quality architectural design, extensive landscaping, providing transition areas from adjacent residential land uses, unique site design features, unified access, preservation of woodlands and open space, particularly along major thoroughfares, and buffering development from lakes, rivers, streams and wetlands. This benefit should accrue in spite of any foreseeable detriments of the proposed development.

(b) Project minimum acreage. The minimum size of a PUD shall be five acres of contiguous land. The Planning Commission may consider development of a site less than five acres in area as a PUD, provided that the parallel plan shall be prepared at the existing zoning minimum lot size.

1. Natural features. The site contains significant natural assets such as woodlands, individual trees over 12-inch diameter, measured at breast height, rolling topography, significant views, natural drainage way, water bodies, regulated or non-regulated wetlands, or natural corridors that connect quality wildlife habitats which would be in the best interest of the city to preserve and which might be negatively impacted by conventional residential development. This determination shall be made by the Planning Commission after review of a site analysis plan, prepared by the applicant, that inventories these features. If animal or plant habitats of significant value exist on the site, the Planning Commission, as a condition of approval, may require that the PUD plan preserve these areas in a natural state and adequately protect them as nature preserves or limited access areas;

2. Facilities for recreation. If the site lacks natural features, the site can qualify if the development will preserve an existing recreation facility or provide useable recreation areas to which all residents of the development shall have reasonable access. The recreational facilities may include a neighborhood park, golf course, passive recreational facilities, soccer fields, ball fields, bike paths or similar facilities which provide a feature of community-wide significance and enhance residential development; and/or

3. Natural amenities. If the site lacks existing natural features, the site can also qualify if the development will create significant woodland features. The creation of significant woodland features shall be considered providing perimeter buffer plantings and interior street tree plantings at a rate of twice what is required by this chapter.

(d) Open space assurance. The applicant shall guarantee to the satisfaction of the City Planning Commission that all open space portions of the development will be maintained in the manner approved. Documents shall be presented that bind all successors and future owners in fee title to commitments made as part of the proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of the transfer is provided to the city and the land uses continue as approved in the PUD plan.

(e) Neighborhood concept. The proposed development shall be designed to create a cohesive community neighborhood through common open space areas for passive or active recreation and resident interaction. All open space areas shall be equally available to all residents of the PUD.

(f) Control. The proposed development shall be under single ownership or control, such that there is a single person or entity having proprietary responsibility for the full completion of the project. The applicant shall provide sufficient documentation of ownership or control in the form of agreements, contracts, covenants, and/or deed restrictions that indicate that the development will be completed in its entirety as proposed.

(g) Density impact.

1. The proposed type and density of use shall not result in an unreasonable increase in the need for or impact to public services, facilities, roads and utilities in relation to the use or uses otherwise permitted by this chapter, and shall not place an unreasonable impact to the subject and/or surrounding land and/or property owners and occupants and/or the natural environment.

2. The Planning Commission may require that the applicant prepare an impact statement documenting the significance of any environmental, traffic or socioeconomic impact resulting from the proposed open space community.

a. An unreasonable impact shall be considered an unacceptable significant adverse effect on the quality of the surrounding community and natural environment in comparison to the impacts associated with conventional development.

b. The Planning Commission may require that the applicant prepare quantitative comparison of the impacts of conventional development and the PUD plan to assist in making this determination (such as an overlay of conceptual development options to demonstrate the impacts have been minimized to the extent practical).

c. If the cumulative impact creates or contributes to a significant problem relative to infrastructure demand or environmental degradation, mitigation shall be provided to alleviate the impacts associated with the PUD.

(h) Master plan implementation. The proposed development shall be consistent with and further the implementation of the city master plan.

(3) Design standards. A proposed PUD shall comply with the following project design standards:

(a) Location. A PUD may be approved within any residential zoning district;

(b) Permitted uses. A PUD is generally restricted to single-family detached or attached residential dwellings.

1. Unless modified by the Planning Commission following the standards herein, all dwellings shall meet the yard, lot width, and bulk standards required by § 154.05, except that single-family attached dwellings may have zero side lot lines.

2. If approved by the Planning Commission as a special use, a commercial or a multiple family component may be allowed.

(c) Dwelling density. The number of dwelling units allowable within a PUD project shall be determined by preparation of a parallel plan.

1. The applicant shall prepare, and present to the Planning Commission for review, a parallel design for the project that is consistent with state, county and city requirements and design criteria for a tentative preliminary plat.

a. The parallel plan shall meet all standards for lot size, lot width and setbacks as normally required, as well as public roadway improvements and private parks, and contain an area which conceptually would provide sufficient area for storm water detention.

b. Lots in the parallel plan shall provide for storm water detention. Lots in the parallel plan shall provide sufficient building envelope size without impacting wetlands regulated by the State Department of Environmental Quality. This design shall include all information as required by the guidelines adopted by the Planning Commission.

2. The parallel plan is only used to determine allowable density for a PUD project.

3. The Planning Commission shall review the design and determine the number of lots that could be feasibly constructed and be economically viable following the parallel design. This number, as determined by the Planning Commission, shall be the maximum number of dwelling units allowable.

(d) Base zoning regulations. Unless specifically waived or modified by the Planning Commission, all requirements for the underlying zoning district, except for minimum lot area, are applicable.

(e) Regulatory flexibility.

1. To encourage flexibility and creativity consistent with the planned unit development concept, the Planning Commission may grant specific departures from the requirement of this unified development ordinance as a part of the process for the following:

a. Yard, lot width, and bulk standards may be modified, provided that the modifications results in enhanced buffering from adjacent land uses or public rights-of-way, or preservation of natural features.

b. Standards that apply to entryway features such as decorative gates (non-closing), walls and signs may be modified, provided that the overall entranceway design is reviewed by the Planning Commission and found to be consistent with the proposed planned unit development and the character of the surrounding area in terms of size, materials, color, lighting and landscaping.

2. Any regulation modification shall be approved through a finding by the Planning Commission that the deviation shall result in a higher quality of development than would be possible using conventional zoning standards. Regulatory modifications are not subject to variance approval of the Zoning Board of Appeals (ZBA).

3. No part of a planned unit development plan may be appealed to the ZBA. This provision shall not preclude an individual lot owner from seeking a variance following final approval of the PUD, provided the variance does not involve alterations to open space areas as shown on the approved PUD site plan.

4. A table shall be provided on the site plan which specifically details deviations from the established zoning area, height and setback regulations, off-street parking regulations, general provisions or subdivision regulations which would otherwise be applicable to the uses and development proposed in the absence of this PUD section. This specification should include ordinance provisions from which deviations are sought, and the reasons and mechanisms to be utilized for the purposes of this chapter.

(f) Road standards. All roads shall be built to city requirements, including curb and gutter, and shall be turned over to city ownership upon completion to city satisfaction.

(Ord. 225, passed 11-11-2024)

§ 154.04 USES.

(A) Uses.

(1) This section classifies the uses allowed by zoning district in order to identify the activities that support the health, safety, and general welfare of the people that live and work in the City of Bronson. This section also includes use definitions and any standards that may apply to a specific use.

(2) No building or land may be used, or building erected, reconstructed, altered, moved, converted, extended or enlarged, which is arranged, intended or designed to be used for any purpose other than a use which is permitted and specified in a district in which that building or land is located.

(3) Use Table. Uses are permitted according to the table on the following pages and classified as:

(a) Permitted use (P). Permitted uses are allowed by-right in the district they are listed subject to the development standards of that district and any use-specific standards.

(b) Special use (S). Special uses are allowed only if reviewed and approved for a special use in accordance with the procedures of this chapter. In addition, they shall comply with the development standards of the district in which they are located and any applicable additional standards associated with the use.

(c) Accessory use (A). Accessory uses are allowed by-right in any district when accessory to a primary use and when typically accessory to the primary use according to § 154.04(C). Accessory uses that have additional standards are included in the use table, but this in no way excludes unlisted accessory uses. Accessory uses are subject to the development standards of that district and any use-specific standards.

(d) Prohibited use (blank). Uses without a symbol are prohibited in the district because they are considered incompatible with the purpose of the district.

(e) Use-specific standards ( * ). These uses shall comply with the specific standards that apply to that use located in the referenced provision in the “use-specific standards” column. Unless otherwise noted, these standards apply in all districts.

(f) Uses not listed. Uses not listed shall be approved by the Planning Commission according to § 154.06(H)(2).

USE TABLE
Key Permitted Use — P Special Use — S Accessory Use — A Use-Specific Standards — *
	R-1	R-2	R-3	M H	B- 1	B-2	B- 3	I	Use-Specific Standards
Residential uses
Adult foster care facility	P*	P*	P*						§ 154.04(B)(1)
Child care home, family	P	P	P
Child care home, group	S	S	S
Dwellings, above first floor					P	P	P
Dwelling, single family	P	P	P
Dwelling, two family		P	P
Dwelling, three family			P
Dwelling, four family			P
Dwelling, apartments (5 to 12 units)		S*	P						§ 154.04(B)(4)
Dwelling, apartments (13 or more units)			S*						§ 154.04(B)(5)
Group dwellings		S*	S*						§ 154.04(B)(9)
Home occupations	A/S *	A/S *	A/S *						§ 154.04(C)(3 )
Manufactured housing communities				P
Mobile home parks				P
Nursing or convalescent homes		P	P
Qualified residential treatment program	P*	P*	P*						§ 154.04(B)(13 )
State licensed residential facility	P*	P*	P*						§ 154.04(B)(15 )
Commercial uses
Adult entertainment								S
Amusement and recreation						S	P	P
Bank					S	P	P	P
Beauty salons and barber shops		S*	S*		P	P	P	P	§ 154.04(B)(2)
Bed and breakfast		P			P
Building supply and lumber yards							P*	P*	§ 154.04(B)(3)
Child care centers					P	P	P
Drink and restaurant establishment						P	P
Drive through							A	A
Fuel sales with service							S*	S*	§ 154.04(B)(7)
Fuel sales without service							S	S
Funeral homes		S*	S*		S	P	P		§ 154.04(B)(8)
Greenhouse, produce stand							P	P
Home appliance repair shops							S	P
Hotels, motels						P	P
Laundry and dry cleaning						P	P	P
Medical or dental clinics					P	P	P
Offices		S*	S*		P	P	P	P	§ 154.04(B)(12 )
Plumbing, electrical, welding, repair shop							P	P
Printing and publishing						P	P	P
Retail sales and services					P	P	P	P
Vehicle repair and/or sales							S*	S*	§ 154.04(B)(16 )
Industrial uses
Agriculture, plant	P							P
Industrial, heavy								S
Industrial, light								P
Medical marijuana manufacturing								S*	§ 154.04(B)(11 )
Outdoor storage of goods or vehicles								S
Salvage yard and resource recovery facilities								S*	§ 154.04(B)(14 )
Warehousing and distribution							S	P
Institutional and public uses
Institutional or public uses	P*	P*	P*	P*	P*	P*	P*	P*	§ 154.04(B)(10 )
Train, bus, or taxi terminal or dispatching						S	P	P
Utility uses
Essential services	P*	P*	P*	P*	P*	P*	P*	P*	§ 154.04(B)(6)
Solar energy facilities	*	*	*	*	*	*	*	*	§ 154.04(E)

(B) Use-specific standards. When use-specific standards are designated as required in the use table, the following standards shall apply:

(1) Adult foster care facility. State-licensed adult foster care facilities are permitted in any residential district according to M.C.L.A. §§ 125.3206 and 400.703 3(4)(k). This does not include adult foster care facilities licensed by a state agency for care of persons released from or assigned to adult correctional institutions.

(2) Beauty salons and barber shops. Beauty shops and barber shops permitted as a special land use in an R-2 and R-3 District shall:

(a) Be located on a major street as enumerated in § 154.01(I);

(b) Be located within 700 feet of a B-2 District; and

(3) Building supply and lumber yards.

(a) Building supply and lumber yards with operations completely contained within buildings shall provide Type 1 screening.

(b) Building supply and lumber yards with outdoor operations shall provide Type 2 screening.

(4) Apartments (five to 12 units).

(a) The density (lot area per dwelling unit) of the zone shall be complied with;

(b) All apartment regulations and requirements of this chapter shall be complied with;

(c) All yard requirements of the zone district shall be increased 50% except in a zone permitting apartments as a principal use;

(d) All dwelling units shall be supplied with public sewer and water; and

(e) No building shall exceed 120 feet in width or depth and all buildings shall be of substantially similar appearance as other conforming uses in the neighborhood.

(5) Apartments (13 or more units).

(a) The project can have a maximum height of 52 feet;

(b) No type of building shall be located in front of the main entrance wall of an apartment building unless separated by a common yard of at least 50 feet;

(c) No apartment building shall be located in back of the rear entrance wall of another apartment building unless separated by a common yard of at least 80 feet;

(d) There shall be at least 40 feet of yard space behind the rear wall of any apartment dwelling unobstructed by any accessory building or parking area. However, for good cause the yard space may be located beyond a parking area, drive or attached garage; and

(e) No building shall be located closer to another building than a distance equal to its height.

(6) Essential services.

(a) Essential services are permitted in any zone as regulated by state law and by city ordinances.

(b) Any essential service use which is an above ground substation, a building housing equipment, a building occupied by persons or any tower structure shall be comply with the following regulations:

1. These uses may be located in any business or industrial zone.

2. These uses are also permitted in any residential or apartment zone, provided the following requirements are complied with:

a. Application and site plan shall be submitted to the Planning Commission;

b. The required site plan shall show the property lines and dimensions of the tract and the proposed development, including all existing and proposed buildings and uses, as well as the location, dimensions and capacities of all areas to be used for motor vehicle parking;

c. Sufficient additional data shall be provided as needed to enable the City Planning Commission to determine compliance with the requirements of this chapter and to determine the best possible physical layout for the proposed use from the standpoint of its relationship to the general health, safety and welfare of the city and adjoining property values; and

d. Before approving the plan or plans, the Planning Commission shall require proper guarantees that the proposed use shall not constitute a public hazard and is reasonably necessary for the convenience of the community.

(7) Fuel sales with service.

(a) The lot is at least 100 feet in width and depth;

(b) All above ground or underground structures other than permitted signs or drives are at least 20 feet from any lot line, and at least 25 feet from any residential zone line;

(d) A paved or enclosed area for the storage of inoperable or damaged vehicles awaiting repair is provided which is screened from any public street or residential zone; and

(e) Type l screening is required regardless of abutting zone.

(8) Funeral homes. Funeral homes permitted as a special land use in an R-2 and R-3 District shall:

(a) Be located on a major street as enumerated in § 154.01(I);

(b) Be located within 700 feet of a B-2 District; and

(9) Group dwellings.

(a) Group dwellings shall be located facing upon a marked state or federal highway.

(b) Lot coverage shall not exceed 75%.

(10) Institutional and public uses.

(a) Institutional and public uses may be located in any business or industrial zone.

(b) The uses are also permitted in any residential or apartment zone, provided the following requirements are complied with:

1. Application and site plan shall be submitted to the Planning Commission;

2. The required site plan shall show the property lines and dimensions of the tract and the proposed development, including all existing and proposed buildings and uses, as well as the location, dimensions and capacities of all areas to be used for motor vehicle parking;

3. Sufficient additional data shall be provided as needed to enable the City Planning Commission to determine compliance with the requirements of this chapter and to determine the best possible physical layout for the proposed use from the standpoint of its relationship to the general health, safety and welfare of the city and adjoining property values;

4. Before approving the plan or plans, the Planning Commission shall require proper guarantees that the proposed use shall not constitute a public hazard and is reasonably necessary for the convenience of the community; and

5. Where an institutional or public use is to be occupied as a residence, nursing home, convalescent home, hospital or similar use where humans will be living or cared for, the minimum lot size required for a family in a zone shall be provided for each four humans to be accommodated.

(11) Medical marijuana manufacturing.

(a) No medical marijuana manufacturing and distribution facility shall be permitted within 1,000 feet of a church.

(b) No medical marijuana manufacturing and distribution facility shall be permitted within 1,000 feet of a drug-free school zone.

(c) No medical marijuana manufacturing and distribution facility shall be permitted within 1,000 feet of a child care facility.

(d) No medical marijuana manufacturing and distribution facility shall be permitted within 1,000 feet of a residence or a district zoned for residential use.

(e) The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property line upon which the proposed use is to be located, and the zoning district boundary, property or residence from which the proposed land use is to be separated.

(12) Offices. Offices permitted as a special land use in an R-2 and R-3 District shall:

(a) Be located on a major street as enumerated in 154.01(I);

(b) Be located within 700 feet of a B-2 District; and

(13) Qualified residential treatment program. State-licensed qualified residential treatment programs providing services for ten or fewer individuals are permitted in any residential district according to M.C.L.A. § 125.3206. This does not include treatment of persons released from or assigned to adult correctional institutions.

(14) Salvage yards and resource recovery facilities.

(a) Plans and specifications shall be submitted to the Planning Commission, which shall include:

1. Specific location of the facility shown on a vicinity map;

2. Location of public roadways, habitable structures and places of public use on the site and other properties influenced by the project;

3. Legal description and site boundaries;

4. Means of limiting access, including fencing, gates, natural barriers or other methods;

5. Details of the method of treating or disposing of liquid waste resulting from operation of the facility as it related to the city's wastewater treatment facility;

6. Location of all structures and equipment;

7. Detailed description and statement of appurtenances and procedures intended to handle heavy or bulky items, store refuse beyond the end of the working day and control dust, odors and fire as they comply with state and federal regulations;

8. Location of existing proposed utilities available to the site;

9. Method of final reduction such as compacting, grinding, shredding, compression or tamping equipment;

10. Daily clean-up procedures;

11. A certified manifest which discloses the type and nature of a material stored on-site (for any amount of time) shall be maintained with the city for purposes of identifying any potential threat to public health or safety. The city reserves the right to prohibit particular stored items, materials or substances which would jeopardize public health or safety; and

12. Other details necessary as required by the Planning Commission.

(b) A facility shall be located not less than 500 feet from the nearest residential zone and must be screened by a fence of not less than eight feet in height and not less than 75% solid. It must also be screened by fences from streets, roads or highways open to public vehicle travel.

(c) The site must be located on major arterial roads and not on residential or collector type roads. Roadways on the property shall be all-weather roads and maintain a condition to prevent a dust nuisance.

(d) Dust and odor resulting from unloading and operation of the facility shall be reasonably controlled at all times. Operation of the facility shall be carried on in a manner to prevent noise and vibration which are a nuisance to an adjoining property.

(e) Storage of highly flammable or explosive materials shall only be allowed on the premises if storage methods, approved by the office of State Fire Marshal, are utilized at all times.

(f) Salvage yard site shall not be less than five acres in size.

(g) Open burning shall not be carried on in a salvage area facility.

(h) The salvage yard area shall be maintained in a sanitary manner at all times so as not to create general unsightliness or health and safety hazards.

(i) Necessary operations of the salvage yard shall be carried out promptly in a systematic manner so that conditions are unfavorable for harborage and production of insects and rodents.

(j) Adequate provision shall be made for routine operational maintenance of the facility and all appurtenances.

(15) State-licensed residential facilities. State-licensed residential facilities are permitted in any residential district according to M.C.L.A. 125.3206.

(16) Vehicle repair and/or sales. No vehicle sales area may be accessory to a convenience store with fuel dispensing. The plot plan for proposed vehicle sales area shall show that:

(a) No vehicles or equipment shall be located closer than ten feet to any side or rear property line nor closer than 25 feet to any front street right-of-way;

(b) The lot is at least 100 feet in width and depth;

(c) All above ground or underground structures other than permitted signs or drives are at least 20 feet from any lot line, and at least 25 feet from any residential zone line;

(d) Driveways will be at least 24 feet from any intersecting street rights-of-way or residential zone lines;

(e) A paved or enclosed area for the storage of inoperable or damaged vehicles awaiting repair is provided which is screened from any public street or residential zone;

(f) The direct source of display lighting shall be screened from any public street or residential zone; and

(g) Type l screening is required regardless of abutting zone.

(1) Applicability. An accessory use or structure may be established in any district, provided that it is associated with a primary use, typically accessory to the primary use, and that it complies with the standards of this section.

(2) Accessory buildings in any district (except the B-2 District).

(a) No accessory building may be built upon any lot in single ownership on which there is no principal building.

(b) No accessory building shall be placed in any required front or side setback nor closer than ten feet to any other building without an approved firewall.

(3) Accessory buildings in residential districts.

(a) When the rear line of a corner lot abuts the side line of an adjoining lot in a residential district, no accessory building shall be within five feet of the abutting lot line nor closer to the side street lot line than the front yard setback of the principal building on the adjoining lot, but in no case shall the setback be less than 25 feet.

(b) When the rear line of a corner lot abuts the rear line of any other lot or is directly across an alley therefrom, no accessory building shall be closer to the side street lot line of a corner lot than the side street yard setback of the principal building on the corner lot, but in no case shall the setback be less than 25 feet.

(c) A private garage or a portion thereof may be rented or leased for not more than two motor vehicles (non-commercial type only) to persons not a resident of the dwelling on the lot.

(d) A maximum of three accessory structures shall be permitted per lot. Pools are not counted as an accessory structure when calculating the maximum number.

(4) Home occupations.

(a) Home occupations may be permitted in the R-1, R-2, and R-3 Residential Districts as a special land use under the following procedures and conditions.

(b) The exterior appearance of the structure shall not be altered or the occupations within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises or vibrations.

(d) In the R-1 District, a maximum of 25% of the gross floor area shall be used for a home occupation and no use of an accessory structure.

(e) In the R-2 and R-3 Districts, no more than 50% of the gross area of one floor of the residences shall be used for such purposes. Any portion of a garage used in connection with a home occupation shall be included in the calculation of a maximum area allowed for the home occupation.

(f) There shall be no outside storage of any kind related to any home occupation.

(g) The use may not increase vehicular traffic flow and parking by more than one additional vehicle at a time, unless off-street parking regulations are provided.

(h) Mechanical or electrical equipment employed by the home occupation shall be comparable to the machinery or equipment customarily found in the home associated with a hobby or a vocation.

(i) Only one nameplate shall be allowed in accordance with the sign regulations of this chapter. It may display the name of the home occupation (e.g., John Doe, realtor).

(j) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.

(5) Rear dwelling prohibited. No building to be used as a dwelling shall be constructed, maintained, altered or moved in the rear yard of a building situated on the same lot, nor shall any building be constructed or moved in front of a principal building situated on the same lot.

(6) Basement dwellings. The use of a basement or basement of a partial building or planned building as a residence or dwelling unit is prohibited in all zones. This shall not prohibit a dwelling unit located partially below ground which has access to two remote means of egress to ground level.

(7) Swimming pools.

(a) Swimming pools accessory to a principal permitted use are allowed in all districts provided the pools are constructed, operated and maintained in accordance with BOCA regulations pertaining thereto and further provided that no pool shall be closer than six feet to any side or rear lot line nor located in any required side street yard or required front yard.

(b) Any pool or pool of water which contains 24 inches or more of water in depth at any point shall erect and maintain an adequate enclosure either surrounding the property or pool area, sufficient to make the body of water inaccessible to small children as follows:

1. The enclosure shall be four feet or greater above the underlying ground; and

2. All gates must be self latching, with latches placed four feet above the underlying ground and otherwise made inaccessible from the outside to small children.

(c) A natural barrier, hedge, pool cover or other protective device approved by the Zoning Official may be used so long as the degree of protection afforded by the substituted devices or structures is not less than the protection afforded by the enclosure, gate and latch described herein.

(D) Temporary uses.

(1) The Zoning Official may issue temporary use permits for the following uses after determining that those uses will not be detrimental to adjacent conforming uses during the permitted period of use.

(2) A second temporary use permit may be issued by the Zoning Official at the end of the time limit for good cause shown.

(3) The Zoning Official may attach conditions and requirements deemed necessary to meet the intent of the provisions of this chapter.

(4) A third temporary use permit may only be authorized by the Zoning Board of Appeals.

(a) Mobile homes. An individual mobile home or other temporary structure may be used as temporary living or working quarters for up to 90 days while a dwelling or structure is constructed or reconstructed on the same premises. A temporary permit shall be issued by the Zoning Official prior to the use.

(b) Supplies. The storage of building supplies and machinery, temporary storage buildings, the assembly of materials and customary trade, contractor, architect and identification signs in connection with a construction project may be authorized by the Zoning Official for a period of up to 12 months.

(c) Seasonal uses. The Zoning Official may authorize a temporary permit for up to 30 days for seasonal or unusual non-recurrent temporary uses.

(E) Solar energy facilities.

(1) Applicability.

(a) This division applies to the construction of any new solar energy facilities (SEFs) within the city.

(b) An SEF legally established or permitted prior to the effective date of this section shall not be required to meet the requirements of this section, however:

1. Physical modification or alteration to an existing SEF that materially alters the size, type or components of the SEF shall be subject to this section. Only the modification or alteration is subject to this section;

2. Substantial conformance review determinations are not major amendments to a project’s existing permits; and

3. Routine operation and maintenance or like-kind replacements do not require a permit.

(2) Purpose. The purpose of this division is to facilitate the construction, installation and operation of SEFs in the City of Bronson in a manner that protects public health, safety and welfare and avoids significant impacts to protected resources such as important agricultural lands, endangered species, high value biological habitats and other protected resources. It is the intent of this section to encourage solar facilities that reduce reliance on foreign petroleum supplies, increase local economic development and job creation, reduce greenhouse gas emissions, and/or promote economic development diversification.

(3) Types of SEF uses. SEFs are categorized into the following use types:

(a) Accessory use: an SEF designed primarily for serving on-site needs or a use that is related to the primary use of the property.

(b) Direct use: an SEF designed and installed to provide on-site energy demand for any legally established use of the property.

(c) Primary use: an SEF that uses over 50% of the parcel(s) and is devoted to solar electric power generation primarily for use off-site.

(d) Secondary use: an SEF that is not the primary use of the property and uses less than 50% of the parcel(s) land area.

(4) Permit requirements. SEFs shall be permitted according to the following table:

PERMIT REQUIREMENTS
Key Permitted Use (P) Special Use (S)
Land Use	Accessory/Direct SEF	Primary SEF	Secondary SEF
Agricultural and residential	P	S	S
Commercial and office	P	S	S
Industrial	P	S	P

(5) Setback requirements. The following setbacks from the parcel line to the closest part of the SEF shall be established as shown in the following table. Fencing, roads, and landscaping may occur within the setback.

Setback Requirements
Accessory/Direct SEF	Primary SEF	Secondary SEF
Per zoning district	50 ft.	75 ft.

(6) Height limits. For ground mounted systems, height restrictions will be measured from natural grade below each module in the event the site has topographic changes.

Height Limits
Zoning District	Accessory/Direct SEF	Primary SEF	Secondary SEF
R-1, R-2, R-3, MH	Roof: 2 ft. above roof	Roof: 2 ft. above roof surface and may project above the height limit	Roof: 2 ft. above roof surface and may project above the height limit
R-1, R-2, R-3, MH	Ground: 15 ft.	Ground: 25 ft.	Ground: 15 ft.
B-1, B-2, B-3, I	Roof: 4 ft. above roof surface and may project above the height limit	Roof: 4 ft. above roof surface and may project above the height limit	Roof: 4 ft. above roof surface and may project above the height limit
B-1, B-2, B-3, I	Ground: 25 ft.	Ground: 25 ft.	Ground: 25 ft.

(7) General requirements. The following requirements apply to all SEFs unless otherwise noted:

(a) Building permits are required.

1. Nothing in this chapter modifies the minimum building standards required to construct an SEF, consistent with applicable building and fire codes. The SEF components and all accessory equipment shall comply with the most recently adopted Building Code as determined by the Building Official and Fire Code as determined by the Fire Official.

2. A site plan shall be provided at the time of the building permit application demonstrating compliance with the required setbacks.

3. The building permit shall include review by local permitting departments including, but not limited to, the local fire authority, for health and safety requirements.

(b) Supplemental information required.

1. The manufacturer’s or installer’s identification and appropriate warning sign shall be posted on or near the panels in a clearly visible manner.

2. On-site power lines between solar panels and inverters shall be placed underground.

3. If the solar energy facility consists of batteries or storage of batteries, adequate design must be provided to ensure all local, state and federal requirements regulating outdoor battery storage have been met.

4. An affidavit or evidence of an agreement between the lot owner and the facility’s owner or operator must be provided confirming the owner or operator has permission of the property owner to apply for the necessary permits for construction and operation of the solar energy facility.

5. A description of the proposed technology must be provided, to include type of solar panel and system, fixed mounted verses solar tracking, number of panels, and angles of orientation.

6. An information sign shall be posted and maintained at the entrance(s) which lists the name and phone number of the operator.

(c) Off-site facilities. When the SEF is located on more than one parcel, there shall be proper easement agreement or other approved methods for the notification of all impacted parties.

(d) Septic system avoidance. The SEF shall not be located over a septic system, leach field area or identified reserve area unless approved by the Department of Environmental Health.

(e) Floodplain avoidance. If located in a floodplain as designated by FEMA, or an area of known localized flooding, all panels, electrical wiring, automatic transfer switches, inverters, and the like shall be located above the base flood elevation; and shall not otherwise create a fire or other safety hazard as determined by the Building Official.

(f) Conform to development standards for underlying zone. The SEF shall be ground mounted, or when located on structures, the SEF shall conform to the development standards for a principal structure in the zone in which such facilities and structures are to be located, except as otherwise provided herein.

(g) Visibility.

1. Not including accessory/direct SEFs for residential uses, solar energy facilities abutting residential districts shall provide a Type l landscaping buffer.

2. All ground mounted facilities shall:

a. If lighting is required, it shall be activated by motion sensors, fully shielded and downcast type where the light does not spill onto the adjacent parcel or the night sky;

b. Not display advertising, except for reasonable identification of the panel, inverter or other equipment manufacturer, and the facility owner;

c. Be sited behind existing vegetation (which shall be supplemented with landscaping where not adequate to screen the project) or be sited using the natural topography to screen the project; and

d. Be enclosed by a fence, barrier, barb wire, razor wire or other appropriate means to prevent or restrict unauthorized persons or vehicles from entering the parcel(s). Fences or barriers shall incorporate wildlife friendly design. No barrier shall be required where projects employ full-time security guards or video surveillance.

(h) Locations requiring discretionary review. The following principles shall apply to the review of primary and secondary use locations: no portion of the SEF or their structures shall occupy protected lands. Protected lands that are potentially incompatible locations, requiring special land use permits, include:

1. Floodways;

2. Wetlands, wetland transition areas, riparian corridors, or open water;

3. Properties enrolled in the Michigan Farmland Preservation Program;

4. Habitat of special status, threatened, endangered, candidate, or fully protected species; species of special concern; or species protected by local, state, and federal agencies; and

5. Lands within easements where SEFs are a prohibited use.

(i) Abandonment.

1. An SEF that ceases to produce energy on a continuous basis for 12 months will be considered abandoned unless the current responsible party (or parties) with ownership interest in the SEF provides substantial evidence (updated every six months after 12 months of no energy production) to the City Manager or his or her designee of the intent to maintain and reinstate the operation of that facility. It is the responsibility of the responsible party (or parties) to remove all equipment and facilities and restore the parcel to its condition prior to development of the SEF.

2. Upon determination of abandonment, the Zoning Administrator shall notify the party (or parties) responsible that they must remove the SEF and restore the site to its condition prior to development of the SEF within 360 days of notice by the City Manager or his or her designee.

3. If the responsible party (or parties) fails to comply, the City Manager or his or her designee may remove the SEF, sell any removed materials, and initiate judicial proceedings or take any other steps legally authorized against the responsible parties to recover the costs required to remove the SEF and restore the site to a nonhazardous pre-development condition.

4. Facilities deemed by the city to be unsafe and facilities erected in violation of this section shall also be subject to this section. The Code Enforcement Officer or any other employee of the city shall have the right to request documentation and/or affidavits from the applicant regarding the system's usage, and shall make a determination as to the date of abandonment or the date on which other violation(s) occurred.

5. Upon a determination of abandonment or other violation(s), the city shall send a notice hereof to the applicant and/or landowner, indicating that the responsible party shall remove the SEF and all associated facilities, and remediate the site to its approximate original condition within 90 days of notice by the city, unless the city determines that the facilities must be removed in a shorter period of time to protect public safety. Alternatively, if the violation(s) can be addressed by means short of removing the SEF and restoration of the site, the city may advise the applicant and/or landowner of such alternative means of resolving the violation(s).

6. If the applicant and/or landowner do not comply, the city may remove the SEF and restore the site and may thereafter: (a) draw funds from any bond, security or financial assurance that may have been provided; or (b) initiate judicial proceedings or take other steps authorized by law against the responsible parties to recover only those costs associated with the removal of structures deemed a public hazard. In the event that the land owner/user fails to properly remove the equipment installed for the collection of solar energy, the City of Bronson may seek a court order allowing removal and charging costs of removal back against the tax bill paid for the real estate.

(j) Decommission plan.

1. A decommissioning plan signed by the party responsible for decommissioning and the landowner (if different) addressing the following shall be submitted prior to the issuance of the development permit:

a. Defined conditions upon which decommissioning will be initiated (i.e. end of land lease, no power production for 12 months, abandonment, and the like);

b. Removal of all non-utility owned equipment, conduit, structures, fencing, roads, solar panels and foundations;

c. Restoration of property to conditions prior to development of the SEF;

d. The timeframe for completion of decommissioning activities;

e. Description of any agreement (e.g. lease) with the landowner regarding decommissioning;

f. The party currently responsible for decommissioning; and

g. Plans for updating this decommissioning plan.

2. In the event that the land owner/user fails to properly remove the equipment installed for the collection of solar energy, the City of Bronson may seek a court order allowing removal and charging costs of removal back against the tax bill paid for the real estate.

(k) Aviation notification.

1. For consideration of potential impacts to civilian flight paths for airport operations located within five nautical miles from an airport listed in the National Plan of Integrated Airport Systems, notification of intent to construct an SEF shall be sent to the airport manager or designated official and the Federal Aviation Administration's (FAA) Airport District office (ADO) with oversight of Michigan. Notification shall include location of the SEF (i.e. map, coordinates, address, or parcel ID), technology (i.e. roof mounted PV, ground mounted fixed PV, tracked PV, solar thermal, and the like), and the area of system (e.g. five acres). Proof of delivery of notification and date of delivery shall be submitted with permit application. The airport must be given 30 days for review.

2. For consideration of potential impacts to civilian flight paths for airport operations located within five nautical miles from an airport not listed in the National Plan of Integrated Airport Systems, notification of intent to construct an SEF shall be sent to the airport manager or designated official. Notification shall include location of the SEF (i.e. map, coordinates, address, or parcel ID), technology (i.e. roof mounted PV, ground mounted fixed PV, tracked PV, solar thermal, and the like), and the area of system (e.g. five acres). Proof of delivery of notification and date of delivery shall be submitted with permit application. The airport must be given 30 days for review.

(l) Solar energy facilities; accessory use; general requirements. Accessory use solar energy facilities are ground mounted SEFs that provide energy primarily for on-site use, or rooftop systems that provide energy for any use. Rooftops or ground mounted systems covering developed parking areas or other hardscape areas are encouraged as preferred locations for a SEF. In addition to the general requirements in this section, the following standards shall apply to all accessory use SEFs, notwithstanding the development standards for the underlying zone:

1. Lot coverage. Rooftop systems can be any size; ground mounted systems may not exceed half an acre;

2. Setbacks. Ground mounted structures shall conform to the setbacks as shown in division (5) above;

3. Height limits. Facilities shall conform to the height limits of division (6) above, unless demonstrated by a structural engineer to meet public safety standards; and

4. Floodplain. An accessory use SEF shall not be located in a floodplain.

(m) Solar energy facilities; direct use.

1. General requirements. Direct use SEFs provide energy for on-site use. In addition to the general requirements in this section, the following standards shall apply to all direct use SEF, notwithstanding the development standards for the underlying zone:

a. Lot coverage. Allowable lot coverage varies by the underlying zoning district;

b. Setbacks. Ground mounted structures shall conform to the setbacks as shown in division (5) above;

c. Height limits. Facilities shall conform to the height limits of division (6) above; and

d. Floodplain. A direct use SEF shall not be located in a floodplain.

2. Biological resources. The protection of high value biological resources is an important consideration. Direct use SEF projects shall not be located on lands that support listed, candidate or other fully protected species; species of special concern; or species protected by local, state, or federal agencies.

(n) Solar energy facilities; primary and secondary uses.

1. General requirements. Primary or secondary uses that provide energy for on-site or off-site use as shown in division (4) above are subject to a special land use permit. In addition to the general requirements in this section, the following standards shall apply to all primary and secondary SEFs, notwithstanding the development standards for the underlying zone:

a. Lot coverage. Allowable lot coverage varies by underlying zoning district;

b. Setbacks. Ground mounted structures shall conform to the setbacks as shown in division (5) and whenever an SEF abuts an agricultural operation or agricultural zone, an agricultural buffer on the SEF parcel shall be established at a minimum of 100 feet. The buffer may be reduced if the decision-making body determines that there is a substantial screen such as existing topography or landscaping vegetation and/or an operational management plan and/or an agricultural operation easement is provided;

c. Height limits. Facilities shall conform to the height limits of division (6) above;

d. Michigan Farmland Preservation Program. A primary or secondary SEF may not be located on a property enrolled in the Michigan Farmland Preservation Program. An applicant must successfully terminate their Farmland Development Rights Agreement with the Department of Agriculture and Rural Development to be eligible to apply for SEF approval; and

e. Grading. Grading within the city shall be limited to only that necessary to construct access roads and install equipment, unless the areas are determined to be chemically or physically impaired.

2. Biological resources. The protection of high value biological resources is an important consideration. Primary or secondary use SEF projects shall not be located on lands that support listed, candidate or other fully protected species; species of special concern; or species protected by local, state, or federal agencies.

3. Soil stabilization, erosion control and ground water management. For primary and secondary use SEFs, the following requirements shall apply:

a. To the extent feasible and compatible with the climate and pre-project landscaping of the property, the site shall be restored with native vegetation. The re-vegetation plans shall be reviewed and approved by the city and the Branch County Drain Commissioner. All areas occupied by the facility that are not utilized for access to operate and maintain the installation shall be planted and maintained with a native shade-tolerant grass or other vegetation for the purpose of soil stabilization or other methods approved by the city.

b. A storm water management plan showing existing and proposed grading and drainage demonstrating no net increase in runoff shall be provided, subject to approval by the review authority.

c. A maintenance plan shall be submitted for the continuing maintenance of the SEF, which may include, but not be limited to, planned maintenance of vegetation or ground cover, equipment maintenance, and plans for cleaning of solar panels if required.

d. Prior to issuing a final building permit, an as-built grading and drainage plan, prepared by a licensed professional surveyor or other approved qualified professional shall be submitted to the reviewing agency's engineer for review and approval. The plan shall show that the as-built conditions are substantially the same as those shown on the approved grading and drainage plan.

(Ord. 225, passed 11-11-2024)

§ 154.05 DEVELOPMENT STANDARDS.

(A) Off-street parking and loading.

(1) Loading and unloading spaces. Loading and unloading spaces shall be provided in all business and industrial districts in connection with all commercial and industrial uses, except in cases where adequate space, as determined by the Zoning Official, is or can be provided on adjacent public property, as follows:

(a) One space for 10,000 to 20,000 square feet of floor area;

(b) Two spaces for 20,000 to 50,000 square feet of floor area;

(d) One additional space for each additional 100,000 square feet of floor area or part thereof; provided that:

1. Each loading space shall be at least ten feet in width, 25 feet in length and have a clearance of 14 feet above grade;

2. The space may occupy all or any part of any required yard or court space, excluding front yard; and

3. No such space shall be located closer than 50 feet to any lot in any residential district, unless wholly within a completely enclosed building or enclosed on all sides facing residential zones by a wall, uniformly painted solid board, or masonry fence of uniform appearance which is not less than six feet in height.

(2) Off-street parking.

(a) Parking or storage of motor vehicles shall be provided for in all districts, except B-2 and I Districts, in accordance with the following schedule:

Parking Requirements
Use	Parking Requirement
Barber and beauty shops	Three parking spaces for the first chair or booth and two for each additional chair or booth
Bowling alleys	Seven parking spaces for each alley. If in addition to alleys, patrons are provided with assembly halls, bars, restaurants or other businesses, additional off-street parking spaces will be required in accordance with regulations of this section for the uses
Churches or places of public assembly	One parking space for each three seats
Commercial amusements (outdoor)	25% of lot area, but in no case less than ten parking spaces
Commercial recreation (indoor)	One parking space for each 100 square feet of building floor space
Convenience stores	Seven parking spaces for general public plus one per employee at the maximum employment shift
Dance hall, roller rink, assembly hall, without fixed seats	500% of building floor area used for dancing or assembly
Dwellings	Two parking spaces per dwelling unit
Fraternities and sororities	One parking space for each bed
Funeral homes and mortuaries	One parking space per 25 square feet of building floor area of assembly rooms
Furniture sales, retail	One parking space for each 500 square feet of building floor area
Hospitals and rest homes	One parking space for each hospital bed and one parking space for each three rest home beds
Laundromats	One parking space for every two washing machines or 200 square feet of gross building floor area, whichever is greater
Libraries; museums; art galleries; community center buildings; municipal, county, state and federal administrative buildings; schools and colleges	Provide adequate parking facilities as approved by the Planning Board
Motels, hotels, motor courts, tourists or lodging homes, trailer courts and clubs	One and one-tenth parking spaces for each sleeping room. If, in addition to sleeping rooms, patrons are provided with assembly halls, bars, restaurants, retail shops or other businesses, additional off-street parking spaces shall be required for the other uses in accordance with the regulations of this section
Office buildings, including banks, business and professional offices	One parking space for each 200 square feet of building floor area, but in no case less than five spaces
Professional office	One parking space for each 200 square feet of building floor area
Restaurants, taverns, bars and cocktail lounges and similar eating establishments	One parking space for each two seats provided for patron use
Retail sales and personal services (except self-service food markets or supermarkets)	Parking equivalent to 150% of the building floor area
Self-serve food market or supermarket	Parking area equivalent to 300% of the building floor area
Theaters	One parking space for each four seats
Vehicle sales	One parking space per each 500 square feet of building floor area
Vehicle service garages	One parking space for each 500 square feet of building floor area
Warehouses, storage buildings, lumber and supply yards, wholesale sales	Two parking spaces for each employee. If retail sales exist, required parking spaces shall be determined by using retail floor space requirements for the building floor area used for retail in conjunction with employee requirement

(b) In the case of a building, structure or premises, the use of which is not specifically mentioned herein, the provisions for a use which is mentioned and to which the use in question is similar shall apply.

(c) In case of a situation where there is more than one use in a single structure, the following off-street parking regulations may apply:

1. For two uses per structure, 95% of the otherwise combined required parking;

2. For three uses, 90%;

3. For four uses, 85%;

4. And for five or more, 80%; and

5. In no case shall less than 80% be allowed.

(d) Provision of paved access drives between the nearest public street and a parking area shall be considered as an off-street parking requirement but not as part of the required parking area.

(e) The required parking area for a building shall be figured on the entire floor area of the first floor; parking for additional stories, including any basement, shall be added to the total of the required area for the first floor.

(f) The occupancy of a building or any part of a building shall not change from one use to a use in another classification unless the minimum parking requirements are provided for the new use.

(g) No building shall be enlarged if the enlargement requires additional parking space unless the minimum requirements for off-street parking are provided.

(3) Design and construction.

(a) Application for parking lot construction. Any person desiring to establish or change a parking area shall submit plans to the Zoning Official showing the location, design, size, shape, landscaping, surfacing, marking, lighting, drainage, curb cuts, entrances, exits and any other features of the parking lot. Any curb cuts, entrances, exits, drainage and design shall have the written approval of the City Engineer or the Zoning Official and be presented for site plan approval by the Planning Commission.

(b) Off-street parking lots shall be arranged and marked with adequate drives and aisles for safe and convenient maneuvering and giving access to parking spaces, and in no case shall a parking space be permitted which would necessitate the backing of a motor vehicle into a street or over a public walk.

(d) Each nonresidential parking space shall be served by a drive or aisle. Design and construction of drives and aisles must be approved by the city engineer or Zoning Official.

(e) There shall be a curb or bumper rail provided wherever an off-street parking and loading area adjoins a public sidewalk or right-of-way. The bumper rail shall be designed to prevent any portion of a vehicle from encroaching upon the sidewalk or right-of-way.

(f) Any lighting used to illuminate any off-street parking and loading area shall be arranged to direct light away from adjoining premises.

(g) Except for single- and two-family dwellings, off- street parking and loading areas shall be surfaced with asphalt, bituminous or concrete pavement, and shall be graded and drained to dispose of all surface water.

(h) Access drives to and from a parking area shall be paved as stated in § 154.05(A)(3)(g) above. Design and construction of access drives must be approved by the City Engineer or Zoning Official.

(i) Any construction or rearrangement of existing drives which involve the ingress and/or egress of vehicular traffic to or from a public street shall be arranged to ensure the maximum safety and the least interference of traffic upon the streets.

(4) Off-street parking regulations within a residential district.

(a) For all residential buildings or nonresidential buildings in a residential district, the required parking area shall be provided on the same lot with the buildings or on a lot immediately adjacent to the lot with the building intended to be served.

(b) All parking areas, except for dwellings, shall be screened on all sides abutting either a residential district or a street with an ornamental fence or compact hedge, not less than four feet or more than six feet high, of a type which will obscure vision at all seasons from adjoining premises.

(c) Within a residential district, parking shall be limited to passenger vehicles, recreational vehicles and trucks with a load capacity of 214 tons or less.

(d) No commercial repair work, commercial servicing or selling of any kind shall be conducted on parking areas in residential districts, and no sign of any kind other than those indicating entrances, exits and conditions of use shall be erected thereon.

(e) The Zoning Official shall require execution of a performance agreement in the form, manner and amount he or she determines and may compel compliance with the performance of all off-street parking requirements of this chapter.

(5) Variances and exceptions.

(a) The parking provisions of this chapter may be met by participation in a municipal or joint community parking program designed to serve a larger area, provided all plans for the community parking have been approved by the Planning Commission.

(b) The Zoning Board of Appeals shall have authority to interpret this section and may in specific cases and after public hearing grant variances and exceptions to these requirements.

(B) Signs.

(1) Applicability. No sign shall be erected, altered, or replaced without complying with these regulations and issuance of a permit when applicable.

(2) Purpose. The purpose of this section is to encourage the effective uses of signs as a means of communication in the city; to maintain and enhance the aesthetic environment; to augment historical preservation and the city's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety and public health; to minimize the possible adverse effect of sign on nearby public and private property; to keep signs within a reasonable scale with respect to the buildings and the property to which they relate; and to enable the fair and consistent enforcement of these sign restrictions.

(3) General. All signs shall comply with the following general regulations:

(a) Signs shall be maintained and be legible.

(b) Sign supports, braces, guys and anchors shall be maintained in a manner so as not to cause a hazard. All signs must be installed in accordance with the most recently adopted building construction code.

(c) Signs may be illuminated internally or externally, unless expressly prohibited elsewhere in this section. All lighting shall be enclosed or directed to prevent light from shining onto traffic or neighboring property. No sign shall be placed in, upon or over any public right-of-way, alley or other public place, unless otherwise permitted.

(d) Removal of city-owned trees (trees located on city property or in city rights-of-way) is prohibited for construction of, or visibility to, any sign. Any tree trimming to gain visibility for advertisement, must be approved by the city.

(4) Prohibited signs. The following signs are prohibited in all districts:

(a) Portable and temporary signs, not including portable A-frame signs provided for in this section;

(b) Billboards shall be prohibited from all districts;

(c) Signs attached to trees, street lights, or utility poles. Signs may be placed on light or utility poles if approved by the owner of the light or utility pole;

(d) Roof signs or signs that exceed the roof line;

(e) Signs that due to their position, shape, color or other characteristics interfere with, obstruct the view of, or could be confused with a traffic signal sign or device; and

(f) Signs that interfere with vision clearance triangle.

(5) Exempt signs. The following signs are exempt:

(a) Governmental signs;

(b) Directional signs that meet the regulations of this section;

(d) Temporary signs that meet the regulations of this section. Temporary signs may include real estate signs, construction signs, political signs, and event signs;

(e) Holiday displays and decorations;

(f) Address signs less than two sq. ft;

(g) Signs not visible from the exterior of buildings;

(h) Window signs that are less than 75% of the area of the window on which they are placed;

(i) Murals and public art;

(j) Historical markers;

(k) Flags of any nation-state, city, not-for-profit organization, educational institution, or company emblems not meant for advertising; and

(l) Maintenance required to keep signs in good conditions.

(6) Removal of certain signs. Signs may be removed by the city under the following conditions:

(a) In the event a sign is abandoned for a period of 90 days, the sign owner and/or property owner shall immediately remove any sign identifying the business announced thereby. The Zoning Administrator may grant an extension upon good cause shown.

(b) Any sign that is found to be constructed, painted, installed or maintained in a manner not consistent with this chapter, or without the proper permit, or for which the permit has lapsed and become void, or the time for nonconformance has expired, shall be forthwith removed.

(c) In the event a sign subject to removal pursuant to the preceding division is not removed as provided therein, the Zoning Administration shall forthwith notify the sign owner and/or the property owner in writing to remove the sign within 14 calendar days of the date of the notice.

(d) Should the sign owner and/or property owner fail to remove or cause the removal of the sign within the time established pursuant to division (c) above, the Zoning Administrator, or designee, is hereby authorized to remove or cause the removal of the sign. Any expense incidental to the removal shall be charged to the owner on which the sign is located and shall constitute a lien on the property, collectible in the same manner as taxes.

(e) Any sign placed within the right-of-way, except those provided for in § 154.05(B)(5), shall be forfeited to the public and subject to immediate confiscation and removal at the sign owner's sole expense.

(f) The words remove, removal, and removed as used in this section and its divisions shall mean and include the demolition, destruction, removal and disposal of the sign face, posts, columns, backing material and supports of all signs. In case of painted wall signs, the words shall also include painting over the original sign face in its entirety so as to completely cover it.

(7) Sign area calculations. Signs shall be measured as follows:

(a) The area of a sign shall be measured as the area within a single, continuous perimeter composed of any straight line geometric figure which encloses the extreme limits of writing, representation, emblem, logo or graphic, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is places, excluding only the structure necessary to support the sign.

(b) The area of a freestanding, projecting or monument sign that has two or more faces shall be measured by including the area of all faces, unless the two faces are placed back to back and are of equal size; the area of the two back to back faces shall be counted as one face.

(c) The height of a sign shall be measured as the vertical distance from the highest point of the sign to the grade of the adjacent street or the average grade of the ground immediately beneath the sign.

(d) Awning signs will not include the material of fabric of the awning itself.

(8) Violations. Any of the following shall be a violation of this chapter, and shall be subject to the enforcement remedies and penalties provided by this chapter, and by state law:

(a) To install, create, erect or maintain any sign in violation of any provision of this chapter;

(b) To install, create, erect or maintain any sign requiring a permit without the permit;

(d) To fail to remove any sign that is installed, created, erected or maintained in violation of this chapter, or for which the sign permit has lapsed; and

(e) Each sign installed, created, erected or maintained in violation of this chapter shall be considered a separate violation.

(f) Each day on which a violation continues shall constitute a separate violation of this chapter.

(9) Enforcement and remedies.

(a) Any violations or attempted violation of this chapter or of any condition or requirement adopted pursuant hereto may be restrained, corrected or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law.

(b) The remedies of the city shall include the following:

1. Issuing a stop work order for any and all work on any sign;

2. Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of its nonconformity;

3. Imposing any penalties that can be imposed directly by the city under this chapter;

4. Seeking in court the imposition of any penalties that can be imposed by the court;

5. In the case of a sign that poses an immediate danger to the public health or safety, taking measures as are available to the city under the applicable provisions of the Municipal and Building Code for those circumstances;

6. The city shall have other remedies as are and as may from time to time be provided for or allowed by state law for the violation of a zoning ordinance; and

7. All remedies provided herein shall, to the extent allowed by, be cumulative for each violation to which they apply.

(10) Appeals and variances.

(a) Any person aggrieved by a decision of the Zoning Administrator relative to the placement, area, height or construction of a sign may appeal the decision of the Zoning Board of Appeals.

(b) The Zoning Board of Appeals may grant a variance from the requirements of this chapter after a public hearing as follows:

1. On a factual proof presented by the applicant for the variance that is found to be satisfactory and credible by the Zoning Board Appeals that:

a. The variance would not be contrary to the public interest or general purpose and intent of this chapter;

b. The variance does not adversely affect properties in the immediate area of the proposed sign;

c. The petitioner has a hardship or practical difficulty resulting from the unusual characteristics of the property that precludes reasonable use of the property; and

d. The variance sought is one for a historic sign which, if not related to the business currently conducted on the property on which it is located, shall not be included as part of the aggregate sign area.

2. All sign variances shall terminate upon alteration or reconstruction of more than 50% of the sign, or a date set by the Zoning Board of Appeals.

(11) Historic variances. Historical sign variances may be sought, without fee, by application and request therefore directed to the Zoning Administrator. Historic variances shall be granted upon factual proof presented by the applicant, which is found to be satisfactory and credible to the Zoning Board of Appeals, that one or more of the following criteria apply:

(a) The sign is associated with historic figures, events or places;

(b) The sign is significant as evidence of the history of the product, business or service advertised;

(d) The sign is characteristic of a specific history period, such as old leaf neon or stainless steel lettering;

(e) The sign is integral to the building’s design or physical fabric or if the removal will cause significant harm to the integrity of the building;

(f) The sign, by reason of craftsmanship, materials or design, is an outstanding example of sign marker art;

(g) The sign is a local landmark, recognized as a popular focal point in the community; and/or

(h) The sign contains elements important in defining a district, such as marquees in a theater district.

(12) Permit and fee schedule. The City Council shall from time to time, by resolution, set a schedule of permits and fees for various aspects of this chapter.

(13) Penalty.

(a) Violation of any provision of this section shall constitute a civil infraction. Any person who violates any provision of this section shall upon conviction thereof, be fined not less than $100 for a first offense, not less than $200 for a second offense and not less than $300 for a third offense. Each day an offense continues shall constitute a separate offense at the same level as the initial offense (on a first offense, subsequent days would each be considered an additional first offense). The court, at its discretion, may levy a fine of up to but not more than $500 if the court finds the offense at issue warrants the fine.

(b) The owner and, if applicable, the tenant of any building, structure, premises or part thereof who commits, participates in, or maintains the violation may be found guilty of a separate offense and suffer the penalties herein provided.

(c) Nothing herein contained shall prevent the city from taking other lawful action as is necessary to prevent or remedy any violation.

(d) The imposition of any sentence shall not exempt the offender from compliance with the requirements of this chapter.

(14) Monument signs. Monument signs shall be permitted according to the following standards:

MONUMENT SIGN STANDARDS
District	Maximum Number	Maximum Size	Maximum Height	Front Setback	Additional Standards
R-l	1	32 sq. ft.	6 feet	8 feet	Signs are only allowed for nonresidential uses and residential subdivisions. Home occupations are permitted a wall sign in accordance to those regulations.
R-2	1	32 sq. ft.	6 feet	8 feet	Signs are only allowed for nonresidential uses, apartments, and residential subdivisions. Home occupations are permitted a wall sign in accordance to those regulations.
R-3	1	32 sq. ft.	6 feet	8 feet
MH	1	32 sq. ft.	6 feet	8 feet	Signs are only allowed for nonresidential uses and residential subdivisions.
B-l	1	32 sq. ft.	6 feet	8 feet
B-2	1	32 sq. ft.	6 feet	8 feet
B-3	1 per road frontage	60 sq. ft.	8 feet	8 feet
1	1 per entrance	60 sq. ft.	8 feet	8 feet

(15) Freestanding signs. Freestanding signs shall be permitted according to the following standards:

FREESTANDING SIGN STANDARDS
District	Maximum Number	Maximum Size	Maximum Height	Front Setback	Additional Standards
R-l	1	32 sq. ft.	6 feet	8 feet	Signs are only allowed for nonresidential uses and residential subdivisions. Home occupations are permitted a wall sign in accordance to those regulations.
R-2	1	32 sq. ft.	6 feet	8 feet	Signs are only allowed for nonresidential uses, apartments, and residential subdivisions. Home occupations are permitted a wall sign in accordance to those regulations.
R-3	1	32 sq. ft.	6 feet	8 feet
MH	1	32 sq. ft.	6 feet	8 feet	Signs are only allowed for nonresidential uses and residential subdivisions.
B-l	1	32 sq. ft.	21 feet	8 feet
B-2	1	32 sq. ft.	21 feet	8 feet
B-3	1 per road frontage	60 sq. ft.	21 feet	8 feet
1	1 per entrance	60 sq. ft.	21 feet	8 feet

(16) Wall signs and projecting signs. Wall signs and projecting signs shall be permitted according to the following standards:

(a) No wall sign shall extend beyond the edge of the wall to which it is affixed or beyond the roof line.

(b) Standards table.

WALL AND PROJECTING SIGN STANDARDS
District	Maximu m Number	Maximum Size	Wall Sign Permitted	Projecting Sign Permitted	Additional Standards
R-l	1 per wall facing road frontage	5% of wall face up to 28 sq. ft.	Yes	No	Wall signs are permitted for nonresidential uses.
R-2	1 per wall facing road frontage	5% of wall face up to 28 sq. ft.	Yes	No	Wall signs are permitted for nonresidential uses and apartments.
R-3	1 per wall facing road frontage	5% of wall face up to 28 sq. ft.	Yes	No	Wall signs are permitted for nonresidential uses and apartments.
MH	1 per wall facing road frontage	5% of wall face up to 28 sq. ft.	Yes	No	Wall signs are permitted for nonresidential uses.
B-l	3 per wall facing road frontage	10% of wall face	Yes	Yes	Maximum size is a measurement of the sum of the surface area of all signs affixed to that wall face.
B-2	3 per wall	10% of wall face	Yes	Yes	Maximum size is a measurement of the sum of the surface area of all signs affixed to that wall face.
B-3	1 per tenant	15% of wall face	Yes	Yes	Maximum size is a measurement of the sum of the surface area of all signs affixed to that wall face. Additional signs may be allowed over the 1 per tenant up to the maximum allowed 15% of wall face.
I	3 per wall	15% of wall face	Yes	Yes	Maximum size is a measurement of the sum of the surface area of all signs affixed to that wall face.

(17) Wall signs for home occupations. Wall signs for home occupations shall be permitted according to the following standards:

WALL SIGNS FOR HOME OCCUPATIONS STANDARDS
District	Maximum Number	Maximum Size
R-1	1	9 sq. ft.
R-2	1	9 sq. ft.
R-3	1	9 sq. ft

(18) Marquee, suspended, and awning signs. Marquee, suspended, and awning signs shall be permitted according to the following standards:

MARQUEE, SUSPENDED, AND AWNING SIGN STANDARDS
District	Maximum Number	Maximum Size	Minimum Clearance	Maximum Projection Into	Additional Standards
B-l	1 per tenant or business	32 sq. ft.	8 feet	8 feet	Projecting into the right-of-way requires approval from the Zoning Official.
B-2	1 per tenant or business	32 sq. ft.	8 feet	8 feet
B-3	1 per tenant or business	32 sq. ft.	8 feet	8 feet

(19) Portable A-frame signs. Portable A-frame signs shall be permitted according to the following standards:

PORTABLE A-FRAME SIGN STANDARDS
District	Maximum Number	Maximum Size	Maximum Height	Maximum Width	Time Limit	Additional Standards
R-1, R-2, R-3, MH, B-1, B-2, B-3, I	1 per tenant or business	32 sq. ft.	42 inches	24 inches	Allowed to be displayed during business hours	Portable signs shall be non-illuminated. Portable A-frame signs that meet these standards are exempt.

(20) Directional signs. Directional signs shall be permitted according to the following standards:

DIRECTIONAL SIGN STANDARDS
District	Maximum Number	Maximum Size	Maximum Height	Front Setback	Additional Standards
R-l, R-2, R-3, MH, B-l, B-2, B-3	2 per major entrance	6 sq. ft.	4 feet	4 feet	Directional signs that meet these standards are exempt. Directional signs that do not meet these standards shall be permitted as freestanding signs.
I	2 per major entrance	12 sq. ft.	6 feet	8 feet	Directional signs 6 sq. ft. and less that meet these standards are exempt. Permits are required for directional signage over 6 sq. ft. Directional signs that do not meet these standards shall be permitted as freestanding signs.

(21) Temporary signs. Temporary signs shall be permitted according to the following standards:

TEMPORARY SIGN STANDARDS
District	Maximum Number	Maximum Size	Maximum Height	Front Setback	Time Limit	Additional Standards
R-1, R-2, R-3, MH, B-1, B-2, B-3, I	2	32 sq. ft.	5 feet	8 feet	6 months	Temporary signs 6 sq. ft. and less that meet these standards are exempt. Permits are required for temporary signs over 6 sq. ft. Temporary signs that do not meet these standards shall be permitted as freestanding signs.

(1) Applicability. Screening is required as outlined in this section and if indicated in use-specific standards.

(2) Purpose. Landscaping and screening is an essential element of site design that promotes the public health, safety, comfort, convenience, and general welfare of the community by mitigating incompatibilities between adjacent land uses and reduces negative impacts of higher intensity land uses on less intense land uses by providing visual and noise buffering.

(3) Installation location. Required landscaping and screening shall be installed along property lines of the parcel or external parcel lines of a group of parcels in multi-parcel developments. The Zoning Official may permit the redistribution of materials into other locations on the site.

(4) Type 1 screening. Type 1 screening is required for all commercial uses abutting residential uses. A site designer may choose one of the following options, or any combination thereof at the discretion of the Zoning Official.

OPTION A

Trees	Shrubs	Barrier
4 per 100 ft.	24 per 100 ft.	None

OPTION B

Trees	Shrubs	Barrier
3 per 100 ft.	0 per 100 ft.	6 ft. opaque fence/wall

(5) Type 2 screening. Type 2 screening is required for all industrial uses abutting other uses or districts, excluding plant agriculture. A site designer may choose one of the following options, or any combination thereof at the discretion of the Zoning Official.

OPTION A

Trees	Shrubs	Barrier
10 per 100 ft.	24 per 100 ft.	None

OPTION B

Trees	Shrubs	Barrier
4 per 100 ft.	12 per 100 ft.	6 ft. to 9 ft. opaque fence/wall

(D) Fences and walls.

(1) Non-required fences or walls. Fences or walls that are constructed that are not required by § 154.05(C) shall comply with the following standards:

(a) Fences or walls shall not be constructed in a way that blocks the vision clearance on corner lots outlined in § 154.05(E) below.

(b) Fences or walls shall have a maximum height of six feet, but fences may be eight feet in the I District.

(c) Fences or walls not more than four feet in height are permitted in the required setbacks of all zones, provided that the fences are not more than 25% solid.

(d) Solid walls not to exceed six feet in height and fences between three and six feet in height are permitted, in back of required front yards and in side or rear yards in a zone, provided that:

1. The walls or fences on corner lots must meet the side street side yard setback requirement; and

2. Fences or walls exceeding three feet in height or more than 25% solid shall not be constructed within a side street yard in residential districts.

(e) A hedge, row of bushes or closely planted trees may also be construed as a fence. The "living fences" will not be subject to the six-foot maximum height conditions set for back and side yards; they will, however, be subject to all front yard restrictions and similar restrictions concerning corner lots and safety limitations as far as street travel is concerned.

(2) Required fences or walls. Fences or walls required in § 154.05(C) shall be comply with the following standards:

(a) Fences or walls shall not be constructed in a way that blocks the vision clearance on corner lots outlined in § 154.05(E) below.

(b) Type l screening fences or walls shall be six feet in height and opaque and are permitted in any yard.

(c) Type 2 screening fences or walls shall be between six and eight feet in height and opaque and are permitted in any yard.

(3) Permitted fence materials. Fences or walls are permitted if constructed using the following materials:

(a) Fence materials may include treated wood, painted wood, treated split rail, ornamental wrought iron, brick, stone, masonry block, decorative painted or vinyl coated aluminum, chain link, or other materials as approved by the Zoning Official.

(b) Scrap lumber, plywood, sheet metal, plastic or fiberglass sheets are specifically prohibited.

(E) Vision clearance on corner lots.

(1) On any corner lot in any zone other than the Central Business District, no sign, structure, fence or planting higher than 30 inches above the established curb grade, except trees with a minimum clearance of eight feet from the ground to the lowest branch, shall be erected or maintained within a line connecting points on street lot lines 20 feet distance from the corner.

(2) No structure or planting which is deemed a traffic hazard by the Chief of Police shall be permitted in any zone.

(F) Sewage and water. See the city's water/sewer provisions in Title V.

(G) Storm water.

(1) No premises shall be filled or graded so as to discharge surface runoff to abutting premises in such a manner to cause ponding or surface accumulation of the runoff on those premises. This would include water runoff from building via eaves or similar apparatus.

(2) Storm water plans shall be approved by the City Engineer.

(H) Pedestrian connections. Development abutting or providing sidewalks, or those abutting a multi-use path, shall provide a direct, paved connection a minimum of six feet in width to the primary entrance of the building.

(Ord. 225, passed 11-11-2024)

§ 154.06 ADMINISTRATION AND ENFORCEMENT.

(A) Site plan review.

(1) Purpose.

(a) Before a zoning permit is issued for any use identified as such, a site plan shall be submitted to the Planning Commission for review and approval.

(b) Before granting approval, the Planning Commission shall ascertain that all provisions of this chapter are complied with; that the proposed location and arrangement of buildings, accesses, parking areas, walkways, yards, open areas and other improvements are such as to produce no potential health, safety or protection hazards; that the arrangement of buildings and structures will provide convenience for the intended occupants or utilization by the public; and that it will be harmonious with development of adjacent properties.

(2) Applicability.

(a) Except as set forth below, the Zoning Official shall not issue a zoning permit for construction of any buildings, structures or uses until a site plan, submitted in accordance with this section, shall have been reviewed and approved and signed by the Planning Commission.

(b) The following buildings, structures or uses shall be exempt from the site plan review and procedure:

1. Single or two-family homes under separate ownership on an individual and separate lot for each home; and

2. Uses such as on-premises advertising signs and essential service structures or buildings.

(3) Optional sketch plan review.

(a) Preliminary sketches of proposed site and development plans may be submitted for review to the Planning Commission prior to final approval.

(b) The purpose of the procedure is to allow discussion between an owner and the Planning Commission to better inform the owner of the acceptability of his or her proposed plans prior to incurring extensive engineering and other costs which might be necessary for final site plan approval.

1. The name and address of the applicant or developer, including the names and addresses of any officers of a corporation or partners of a partnership;

2. A legal description of the property; and

3. Sketch drawings showing tentative site and development plans. The Planning Commission shall not be bound by a tentative approval given at this time.

(4) Application procedure. Requests for final site plan review shall be made by filing with the Zoning Official the following:

(a) A review fee as determined by resolution of the City Council based upon the cost of processing the review. The resolution shall be on file with the City Clerk/Treasurer for public information;

(b) Three copies of the completed application form for site plan review, which shall contain, as a minimum, the following:

1. The name and address of the applicant;

2. The legal description of the subject parcel of land;

3. The area of the subject parcel of land stated in acres, or if less than one acre, in square feet;

4. The present zoning classification of the subject parcel; and

5. A general description of the proposed development; and

1. The plan shall be drawn to a scale of not greater than one inch equals 20 feet for a development of not more than three acres and a scale of not less than one inch equals 100 feet for a development in excess of three acres;

2. The plan shall show an appropriate descriptive legend, north arrow, scale, date of preparation and the name and address of the individual or firm preparing the same;

3. The property shall be identified by lot lines and general location together with dimensions, angles and size correlation with the legal description of the property;

4. The topography of the site with at least two-foot contour intervals and all natural features such as wood lots, streams, rivers, lakes, wetlands, unstable soils or similar features shall be shown;

5. Existing human-made features upon the site and within 100 feet of the same shall be disclosed;

6. The location, proposed finished floor and grade line elevations, size of proposed main and accessory buildings, the relationship of buildings to one another and to any existing structures on the site, the height of all buildings and square footage of floor space therein shall be disclosed. Site plans for multiple-family residential development shall also include a density schedule showing the number of dwelling units per net acres, including a dwelling schedule showing the unit type and number of each such units;

7. All proposed and existing streets, driveways, sidewalks and other vehicle or pedestrian circulation features upon and adjacent to the site shall be shown, together with the location, size and number of parking spaces in off-street parking areas, service lanes thereto and service parking and delivery or loading areas;

8. The location, use and size of open spaces, together with landscaping, screening, fences, walls and proposed alterations of topography or other natural features shall be indicated;

9. The proposed operations on the site shall be described in sufficient detail to indicate the effect, if any, upon adjoining lands and occupants, together with any special features which are proposed to relieve any adverse effects to adjoining land and occupants. Any potential demands for future community services will also be described, together with any special features which will assist in satisfying the demands;

10. Any earth-change plans required by state law shall also be submitted with the application;

11. On-site lighting, surface water drainage for the site and proposed sanitary sewage disposal and water supply shall be included in the plans; and

12. The site plan shall include other information as may be determined to be necessary by the City Planning Commission because of any peculiar features of the proposed development.

(5) Action on application and plans.

(a) The Zoning Official shall record the date of the receipt of the application and plans, and applicant shall provide 15 copies (one for each Planning Commissioner, one for the Zoning Official and two office use or for distribution to an outside reviewer (planning consultant, engineer, lawyer and the like).

(b) A hearing shall be scheduled for a review of the application and plans as well as reviewing the recommendations of the Zoning Official. Members of the Planning Commission shall be delivered copies of the application prior to the hearing for their preliminary information and study. Plans should be available at the city office for seven calendar days prior to the meeting. The hearing shall be scheduled within not more than 30 days following the date of the receipt of the plans and application by the Zoning Official.

(c) The applicant shall be notified of the date, time and place of the hearing on his or her application not less than three days prior to that date.

(d) Following the hearing, the Planning Commission shall have the authority to approve, disapprove, modify or alter the proposed plans in accordance with the purpose of the site plan review provisions of this chapter and the criteria contained herein.

1. Any required modification or alteration shall be stated in writing, together with the reasons for the modification, and delivered to the applicant. The Planning Commission may either approve the plans contingent upon the required alterations or modifications, if any, or may require a further review after the same have been included in the proposed plans for the applicant.

2. The decision of the Planning Commission shall be made by the Board within 30 days of receipt of the application by the Zoning Official.

(e) One copy of the approved final site plan, including any required modifications or alterations, shall be maintained as part of the city records for future review and enforcement.

1. One copy shall be returned to the applicant. Each copy shall be signed by the Chairperson of the Planning Commission for identification of the finally approved plans.

2. If any variances from the unified development ordinance have been obtained from the Zoning Board of Appeals, the minutes concerning the variances duly signed shall also be filed with the city records as a part of the site plan and delivered to the applicant for his or her information and direction.

3. The site plan shall become part of the record of approval, and subsequent actions relating to the activity authorized shall be consistent with the approved site plan, unless a change conforming to this chapter receives the mutual agreement of the landowner and the Planning Commission.

(6) Criteria for review. In reviewing the application and site plan and approving, disapproving or modifying the same, the Planning Commission shall be governed by the following standards:

(a) That there is a proper relationship between the existing streets and highways within the vicinity and proposed deceleration lanes, service drives, entrance and exit driveways and parking areas to ensure the safety and convenience of pedestrian and vehicular traffic;

(b) That the buildings and structures proposed to be located upon the premises are so situated as to minimize adverse effects upon owners and occupants of adjacent properties;

(c) That as many natural features of the landscape shall be retained as possible where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes and where they assist in preserving the general appearance of the neighborhood;

(d) That any adverse effects of the proposed development and activities emanating therefrom which affect adjoining residents or owners shall be minimized by appropriate screening, fencing, landscaping, setback and location of buildings, structures and entryways;

(e) That the layout of buildings and improvements will minimize any harmful or adverse effect which the development might otherwise have upon the surrounding neighborhood;

(f) That all provisions of the unified development ordinance are complied with. This would not preclude the applicant from applying for an appropriate variance with the Zoning Board of Appeals. The Planning Commission may conditionally approve a site plan subject to the granting of any appropriate variance; and

(g) Plans and design of facilities to properly contain, or dispose of, storm water shall be approved by the Planning Commission based on review and recommendation by a licensed engineer, the cost of which will be paid by the applicant.

(7) Conformity to approved site plan.

(a) Revocation of site plan approval.

1. Property which is the subject of site plan approval must be developed in strict compliance with the approved site plan, inclusive of any amendments, which have received the approval of the Planning Commission. If construction and development does not conform with the approved plan, the approval of the site plan shall be revoked by the Zoning Official by written notice of the revocation posted upon the premises involved and mailed to the owner at his or her last known address.

2. Upon revocation of the approval, all construction activities shall cease upon the site until such time as the violation has been corrected or the Planning Commission has, upon proper application of the owner and after hearing, approved a modification in the site plan to coincide with the owner's construction or altered plans for construction as being in compliance with the criteria contained in the site plan approval provisions and with the spirit, purpose and intent of this chapter.

(b) Criteria for commencing construction.

1. Approval of the site plan shall be valid for a period of one year.

2. If a building permit has not been obtained and on-site development actually commenced within one year, the site plan approval shall become void and a new application for site plan approval shall be required and new approval obtained before any construction or earth change is commenced upon the site.

3. The one-year period may be extended for extenuating circumstances.

4. The circumstances must be made known to the Planning Commission and the extension approved by same.

(8) Amendment to site plan. A proposed amendment, modification or alteration to a previously approved site plan may be submitted to the Planning Commission for review in the same manner as the original application was submitted and reviewed.

(9) Performance bond.

(a) The Planning Commission shall have the right and authority to require the developer to file with the Zoning Official at the time of application for a zoning permit, a performance agreement in a form approved by the Zoning Official to ensure the development of the site is in accordance with the approved site plan, conditioned upon the proper construction and development.

(b) The agreement shall continue for the duration of the construction and development of the site.

(B) Zoning compliance permits.

(1) Applicability. No parking area, fence, building or other structure regulated by this chapter shall be located, erected, razed, moved, extended, enlarged, altered or changed in use until a zoning compliance permit has been issued by the Zoning Official.

(2) Application procedure.

(a) An application for a zoning compliance permit shall be filed with the Zoning Official by the owner of the land involved or by an authorized agent.

(b) The application shall contain a written statement of the intended use or change and shall be accompanied by a site plan showing the location of the proposed improvements upon the lot.

(d) The application and plans shall be signed by the property owner or his or her agent, and by the person preparing them.

(e) A fee established by the city shall accompany all applications to defray administrative and inspection costs.

(f) Where an application involves required site plan approval by the Planning Commission, the Zoning Official shall refer the plan to the Planning Commission.

(3) Issuance.

(a) No zoning compliance permit shall be issued unless the application and plans conform in all respects to this chapter and to other applicable city regulations and have been approved by any required review board or person.

(b) The zoning compliance permit shall state any special conditions imposed by this chapter or by any review board or person and shall be signed by the Zoning Official and the owner.

(C) Occupancy permit required. No new building, new portion of a building or portion of a building vacated to permit alterations shall be occupied or re-occupied until an occupancy permit is issued. No building declared unsafe or unfit for human habitation shall be occupied or used.

(D) Nonresidential occupancy permits.

(1) Before any existing use of land or use of building is changed, and before any new parking area, building or other new structure or a new part thereof regulated by this chapter is occupied or used, an occupancy permit shall be issued.

(2) The Zoning Official shall ascertain, by inspection, that the intended use, premises, building, structure or parts thereof comply with the provisions of this chapter, with any other pertinent city regulations, with any special conditions imposed on the zoning compliance permit and with all aspects of the approved site plan.

(3) Upon so finding, the Zoning Official shall issue an occupancy permit which shall be acknowledged by the signature of the owner thereon. A copy of the occupancy permit shall be sent to the City Assessor by the Zoning Official.

(E) Sign permits.

(1) Applications for sign permits and the appropriate non-refundable fee shall be made upon forms provided by the city office and be completed as specified by the Zoning Administrator, or designee. Applications must be accompanied by a rendering of the sign, dimensions, site location and any other criteria as required by the Zoning Administrator in order to enable him or her to determine compliance with the applicable provisions of this chapter.

(2) The application will be evaluated by Zoning Administrator, or his or her designee, for compliance of municipal and other applicable law. The application, if not denied by the Zoning Administrator, or his or her respective designees, within three business days of the date of its receipt, shall be deemed approved and a permit shall be issued. The applicant shall be notified and informed of any reasons for denial along with the corresponding section of the code.

(3) If construction is not complete within 12 months of the issuance date of the permit, the permit shall lapse and become void.

(F) Special uses.

(1) Purpose.

(a) The development and execution of this chapter is based upon the division of the city into districts within which the uses of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform.

(b) It is recognized, however, that there are special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighborhood land, including the:

1. Uses publicly operated or traditionally affected with a public interest; and

2. Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(2) General provisions.

(a) Initiation of special land use. Any person having a freehold interest in land, or a possessor interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, and which is specifically enforceable, may file an application to use the land for one or more of the special uses provided for in this chapter in the zoning district in which the land is located.

(b) Application of special land use. An application for a special land use shall be filed with the Zoning Official on a form prescribed by the Zoning Official. The application shall be accompanied by the plans and/or data prescribed by the Zoning Official and shall include as a minimum the requirements for site plan review as noted in § 154.06(A). The application shall also include a statement in writing by the applicant and adequate evidence showing that the proposed special land use will conform to the standards set forth in this section. The application shall also be accompanied by a fee to cover the expense of a public hearing.

(3) Receipt of application.

(a) Upon receipt of an application for a special land use which requires a decision on discretionary grounds, one notice that a request for special land use approval has been received shall be published in a newspaper of general circulation in the city and shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet.

(b) The notice shall be given not less than five and not more than 15 days before the application will be considered.

1. If the name of the occupant is not known, the term “occupant” may be used in making notification.

2. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organization, one occupant of each unit or spatial area shall receive notice.

3. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.

1. Describe the nature of the special land use request;

2. Indicate the property which is the subject of the special land use request;

3. State when and where the special land use request will be considered;

4. Indicate when and where written comments will be received concerning the request; and

5. Indicate that a public hearing on the special land use request may be requested by a property owner or the occupant of a structure located within 300 feet of the boundary of the property being considered for a special use.

(4) Public hearing.

(a) At the initiative of the Planning Commission upon the request of the applicant for special land use authorization, or a property owner or the occupant of a structure located within 300 feet of the boundary of property being considered for special land use approval as provided in division (F)(3) above, a public hearing with notification as required for a notice of a request for special land use approval, as provided in division (F)(3) above, shall be held before a decision on the special land use request which is based on discretionary grounds shall be made.

(b) A decision on a special land use request which is based on discretionary grounds shall not be made unless notification of the request for special land use request is given as required by this section.

(5) Authorization. For each application for a special land use, the Zoning Official shall review the application and make a recommendation to the Planning Commission. The Planning Commission may deny, approve or approve with conditions any application for a special land use.

(6) Basis for decision. The Planning Commission shall incorporate their decision in a statement of conclusions relative to the special land use under consideration. The decision shall specify the basis for the decision and any conditions imposed.

(7) Approval standards. No special land use shall be recommended by the Zoning Official or approved by the Planning Commission unless it shall find:

(a) That the establishment, maintenance or operation of the special land use will not be detrimental to or endanger the public health, safety or general welfare or the natural environment;

(b) That the special land use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor shall it substantially diminish and impair property values within its neighborhood;

(c) That the establishment of the special land use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

(d) That adequate utilities, access roads, drainage and necessary facilities have been or are being provided;

(e) That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and

(f) That the special land use shall, in all other respects, conform to the applicable regulations of the district in which it is located and to any additional conditions or procedures as specified in division (8) below.

(8) Conditions and guarantees.

(a) Prior to granting of any special land use, the Planning Commission shall stipulate the conditions and restrictions upon the establishment, location, construction, maintenance and operations of the special land use as deemed necessary for the protection of the public interests and to secure compliance with the standards and requirements specified in this section.

(b) In all cases in which special land uses are granted, the Planning Commission shall require the evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Any conditions imposed shall remain unchanged except upon the mutual consent of the Planning Commission and the landowner. The Planning Commission shall maintain a record of changes granted in conditions.

(9) Effect of denial of a special land use. No application for a special land use which has been denied wholly or in part by the Planning Commission shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change or conditions found to be valid by the Zoning Official and the Planning Commission.

(10) Revocatio n. In any case where a special land use has not been established within one year after the date of granting authorization for the use, or if terms and conditions of permit are not met, or plans submitted are deviated from, the special land use authorization shall automatically be null and void without further action by the Planning Commission.

(G) Subdivisions.

(1) Applicabili ty. Except as otherwise provided in this chapter, no person shall subdivide any tract of land which is located within the city, except in conformity with the provisions of this section.

(2) Purpose. In their interpretation and in application, the provisions of this chapter shall be held to be the minimum requirements adopted for the protection of the public health, safety and welfare. To protect the public, among other purposes, the provisions are intended to provide for permanent wholesome community environment, adequate municipal services and safe streets.

(3) Enforcement.

(a) Recording of plat. No plat of any subdivision shall be entitled to record in the Register of Deeds office or have any validity until it has been approved in the manner specified herein. In the event any such unapproved plat is recorded, it shall be considered invalid, and the Planning Commission shall institute proceedings to have the plat stricken from the records of the county.

(b) Sale of land in subdivision. No owner or agent of the owner of any land located within a subdivision shall transfer, sell, agree to sell or negotiate to sell, any land by reference to, exhibition of, or by use of a plan, or plat of a subdivision before the plan or plat has been approved and recorded in a manner prescribed herein. Any sale or transfer contrary to the provisions of this section is voidable within 90 days at the option of the buyer. The description of the lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of this chapter.

(c) Permit. The Building Inspector shall not issue building or repair permits for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein. The Building Inspector shall not issue a permit for repair on any structure in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein. Before any permit shall be issued, the lot shall be connected to city water.

(d) Public improvements. The city hereby defines its policy to be that the city will withhold all public improvements of whatsoever nature, including the maintenance of streets and furnishing of sewer facilities and water service from all subdivisions which have not been approved, and from all areas dedicated to the public which have not been accepted by the Council in the manner prescribed herein.

(e) Revision of plat after approval. No changes, erasures, modifications or revisions shall be made in any plat or subdivision after approval has been given by the Planning Commission and endorsed in writing on the plat, unless the plat is first re-submitted to the Planning Commission.

(f) Fees. The subdivider shall pay a filing fee of $5 per lot for every plat submitted to the Planning Commission for approval. One-half the total fee shall be paid when the preliminary plat is presented to the Planning Commission for approval and the other half shall be paid when the final plat is presented to the Commission for approval.

(4) Design standards.

(a) General requirements.

1. The streets shall conform in effect to the Master Plan as adopted.

2. If the tentative lay-out has been made by the City Engineer, the street shall be in general conformance thereto.

3. In cases where variations and exceptions from the standards, improvement requirements and open space requirements are deemed necessary, the variations shall be recommended by the Planning Commission to the City Council.

4. Every subdivision shall have a dedicated means of ingress and egress.

(b) Streets, alleys and walkways.

1. Right-of-way minimum width.

a. Major streets and parkways: 66 feet;

b. Local streets: 66 feet;

c. Alleys and service drives: 20 feet;

d. Walkways: ten feet; and

e. Easements: 20 feet.

2. Streets shall intersect one another at right angles or as near right angles as condition permit.

3. Street lay-outs shall be in conformity with a plan for the most advantageous development of adjoining unplatted or underdeveloped areas and shall provide for access to those areas.

4. Dead-end streets shall be accepted and approved only if adequate additional area be provided at the end of the dead-end street so that a terminal-circle, equivalent to that of a cul-de-sac, be provided until a time as a street may be extended outside the subdivision.

5. Wherever there exists, adjacent to the tract to be subdivided, a dedicated or platted and recorded half-width street or alley, the other half-width shall be platted.

6. Alleys shall be platted in all business districts. Alleys shall not be accepted in residential districts, unless specifically required by the Planning Commission.

1. No block on any local street shall be more than 1,000 feet in length, except where in the opinion of the Planning Commission, conditions justify a departure from this maximum. In blocks of more than 900 feet in length, the Planning Commission may require at or near the middle of the block, a walkway or easement for public utilities.

2. The number of intersecting streets along the highways and major streets shall be held to a minimum; wherever practicable, blocks along the traffic-ways shall not be less than 1,320 feet in length.

(d) Lots.

1. Lots shall conform in width and area to the zoning district in which the subdivision is located.

2. No lot shall have both the front and back abutting on a public street.

3. Side lots shall be approximately at right angles to the right-of-way line of the street to which the lot faces. Every lot shall abut on a dedicated street.

(e) Minimum pavement width.

1. Highway, major streets and parkways: 42 feet, face of curb to face of curb.

2. Local street and cul-de-sacs: 32 feet, face of curb to face of curb.

(5) Procedure.

(a) Preliminary plat.

1. Prior to submission of a preliminary plat, subdividers shall discuss tentative studies with the City Engineer.

2. To receive consideration at the next subsequent meeting of the Planning Commission, the subdivider shall file with the City Engineer, not less than five days prior to the meeting, five prints of the preliminary plat, along with written application.

3. The preliminary plat shall indicate the following:

a. Proposed name of the subdivision, and description of the land to be platted;

b. Scale: optional, but not to exceed 100 feet to the inch;

c. Date and cardinal point;

d. Boundary lines, accurate in scale, of the plat to be subdivided;

e. Location, width and names of existing streets within or adjacent to the tract and any other features, such as county drains, water courses, railroads, section lines, existing buildings and the like;

f. Names, locations and widths of proposed streets, alleys, easements, parks, lots and waterways;

g. The name and address of the subdivider and the engineer or surveyor;

h. All parcels of land proposed to be dedicated to public use and conditions of the dedication;

i. When only a part of a tract is proposed to be subdivided, the lay-out of the remaining area shall be drawn in sketch form;

j. Boundary lines of adjacent tracts of unsubdivided and subdivided land showing owners; and

k. Contours when required by the Planning Commission.

4. The Planning Commission shall provide for a public hearing and shall notify by mail at least five days prior to the hearing all property owners within 500 feet of the extreme limits of the subdivision, as their names appear on the city tax records. The notice shall state the time and place of the hearing, a brief description of the subdivision and that a copy of the preliminary plat of the subdivision is on file with the City Clerk/Treasurer for public inspection. The Commission shall also cause notice of the hearing to be published in the official newspaper or a newspaper of general circulation in the city at least five days prior to the hearing.

5. Approval of the preliminary plat by the Planning Commission shall be indicated in writing on the preliminary plat, along with any changes or requirements that the Commission may make, constituting of the final plat.

6. Approval of the preliminary plat shall be valid for the duration of not more than two years.

(b) Final plat.

1. The subdivider shall file with the Planning Commission the original ink tracing and eight litho-prints on cloth of the final recorded plat, together with a certificate of title by an attorney at law. The tracing shall be retained by the city.

2. Approval of the final plat is contingent upon furnishing to the City Engineer a plan of each street on tracing cloth with the following data: profile and cross-section notes of each street with grades; plan in profile of proposed sanitary and storm sewers with size and grades; and a plan of water lines, with size and appurtenances, all in accordance with standard specifications of city.

3. The final plat shall be prepared and presented in accordance with the provisions of the state plat law. Approval of the final plat is contingent upon evidence that the improvements as required have been made or will be made by the subdivider as provided herein.

4. The plat and agreements, after approval by the Planning Commission, shall be forwarded to the City Council.

(6) Improvements.

(a) Installation of financing. The following installations shall be the responsibility and shall be installed or financed by the subdivider in one of the following manners hereafter specified:

1. Streets. Gravel streets shall be provided by the subdivider according to the specifications as contained in this chapter as to width and as the grade and the like, as may be under the supervision of the city official having jurisdiction.

2. Sanitary sewers. The subdivider shall pay to the city the sum of $80 per lot per year thereafter, this sum to be applied upon the cost of installing sanitary sewers to the subdivision.

3. Water. The subdividers shall be responsible for installation of water mains throughout the platted subdivision, based upon the cost of the installation of six-inch water main. Where the city requires larger than a six-inch main, the subdivider shall pay only the cost of the installation of a six-inch water main and the city shall pay the additional cost over and above the installation of the six-inch main. In addition, the subdivider shall pay the cost of installation of water service to the platted lots from the water mains to the curb stop, all in accordance with the specifications and under the supervision of the city officer having jurisdiction.

4. Curb and gutter. The subdivider shall pay two-thirds of the cost of curb and gutter and the city shall pay one-third of the cost of the curb and gutter, if curb and gutter are required and made one of the conditions for approval of the final plat. Otherwise, the owners of the lots shall pay the cost the subdivider would have paid at a time as the city institutes necessary legal proceedings to construct curb and gutter.

5. Sidewalks. Sidewalks shall be installed and financed by the subdivider or by the record holder of title at the time. The city may take legal proceedings for the installation of the sidewalks at a future date.

(b) Required improvements; bond; petition. The subdivider shall install all the required improvements as above set forth prior to the final approval by the Planning Commission of the final plat in accordance with the specifications and under the supervision of the city officials having jurisdiction; or prior to final approval of the final plat by the Planning Commission, the subdivider shall post a performance bond sufficient to cover the cost as estimated by the City Engineer of the required improvements, which bond shall provide the period of time in which the improvements shall be completed; or prior to the final approval of the final plat by the Planning Commission, the subdivider shall file a petition with the City Clerk/Treasurer for the installation by the city of the required improvements at 100% special assessment to the subdivider.

(c) Agreement between the subdivider and city. The subdivider shall enter into an agreement with the city, containing a restriction upon the plat, whereby the city's Building Inspector will not be permitted to issue a building permit for any structure upon any lot within the subdivision until the improvements as specified above have been completed, or satisfactory arrangements have been made with the city, for the completion of the improvements. These plat restrictions shall be made a part of all deeds or contracts for any lot within the subdivision.

(d) Borderline streets. If a plat dedicates half of a width of a street on a boundary line separating two or more parcels of property, the subdivider shall enter into an agreement with the city whereby the subdivider shall be responsible for the installation of improvements on his or her half of the street at the time the adjacent tract is developed.

(7) Administration.

(a) These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the city. Action taken by the City Council under the terms of this chapter shall give primary consideration to the above mentioned matters and to the welfare of the entire community. However, if the subdivider or his or her agent can clearly demonstrate that, because of the peculiar conditions pertaining to his or her land, the literal enforcement of one or more these regulations is impracticable or will exact undue hardship, the Planning Commission may recommend and the City Council may permit variance or variances as may be reasonable and within the general purpose and intent of these rules, regulations and standards established by this chapter.

(b) In making its findings as required, the Planning Commission shall take into account the nature of the proposed use of the existing use of land in the vicinity and the number of persons to reside or work in the proposed subdivision, and the notable effect of the proposed subdivision upon traffic conditions in the vicinity.

1. That there are special circumstances or conditions affecting the property, such that a strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;

2. That the variances are necessary for the preservation and enjoyment of a substantial property right of the applicant; and

3. That the granting of the variance would not be detrimental to the public welfare or injurious to the property in the area in which the property is situated.

(8) Procedure for variance. Petition for any such variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the investigation by the Planning Commission. The petition shall state fully the grounds for the application and all the facts relied upon by the petitioner.

(9) Penalty. Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine not to exceed $100. Each and every day that the violation continues shall constitute a separate offense.

(H) City Planning Commission.

(1) Powers and duties. The City Planning Commission is hereby designated the Planning Commission as specified in the Planning Enabling Act, Public Act 33 of 2008, being M.C.L.A. §§ 125.3801 through 125.3885, as amended, and in § 4, Public Act 207 of 1921, being M.C.L.A. §§ 125.581 through 125.590, as amended and shall perform the duties of the Planning Commission as provided in these acts together with other powers and duties as are given to the Planning Commission by the provisions of this chapter, including authority to act on all matters requiring the approval or recommendation of the Planning Commission and including the power to interpret this chapter.

(2) Authority to approve uses.

(a) Whenever in this chapter the lawful exercise or existence of a use requires the approval of the Planning Commission, the Planning Commission is hereby authorized and directed to investigate the matter requiring the approval, to conduct a hearing thereon where required, to make a determination, to either grant or refuse the approval and to do all things reasonably necessary to the making of the investigation and determination, subject to the provisions of this chapter.

(b) The Planning Commission shall determine if the requested use is a permitted use or special use.

(c) The Planning Commission shall have discretionary authority to grant special land use permits in compliance with § 154.06(F).

(3) Hearing notice. Prior to conducting a public hearing, as authorized in division (A) above, a public notice, stating the time and place of the hearing, shall be posted and served in accordance with the provisions established in § 154.06 (I)(8).

(4) Rules of procedure. The Planning Commission is hereby authorized to adopt rules of procedure consistent with the state statutes and the provisions of this chapter.

(5) Surveys and plans. Where the Planning Commission is empowered to approve certain uses of premises under the provisions of this chapter, or in cases where the Planning Commission is required to make an investigation, the applicant shall furnish the surveys, plans or other information as may be reasonably required by the Planning Commission for the proper consideration of the matter in accordance with this chapter.

(6) Hearings. In making any recommendations or approval authorized by the provisions of this chapter, the Planning Commission shall consider:

(a) Whether there has been a compliance with the provisions of this chapter;

(b) Whether there is proper yard space, parking facilities, loading space, percentage of lot coverage, green belts, size of buildings, lot area and other conditions required by this chapter;

(d) Whether the use involved would constitute a public or private nuisance;

(e) Whether the use involved would disturb or interfere with the natural or planned development of the surrounding neighborhood; and

(f) Whether the use involved would affect the natural or planned drainage system so as to deleteriously affect the surrounding neighborhood.

(I) Zoning Board of Appeals.

(1) General grant of power.

(a) The Zoning Board of Appeals shall adopt the rules of procedure, not inconsistent with the provisions of the state statutes and local ordinances, as it may deem necessary to the proper performance of its duties and the proper exercise of its powers.

(b) Meetings of the Board of Appeals shall be held at the call of the Chairperson and at other times as the Board of Appeals may determine. The Chairperson, or in his or her absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses.

(c) Hearings of the Board of Appeals shall be public. The Board of Appeals shall keep minutes of its proceedings showing the action of the Board of Appeals and the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the Board of Appeals and shall be a public record.

(d) The Board of Appeals shall hear and decide appeals from and review any order, requirements, decisions or determination made by the Zoning Official or body charged with enforcement of this chapter. The Board of Appeals shall also hear and decide matters referred to them or upon which they are required to pass under an ordinance of the legislative body adopted pursuant to the Zoning Enabling Act.

(e) An appeal to the Board of Appeals in cases in which it has original jurisdiction under the provisions of this chapter may be taken by any property owner, including a tenant, or by a government office, department, board or bureau. An application for the appeal shall be filed with the Zoning Official, who shall transmit the same, together with all the plans, specifications and other papers pertaining to the application, to the Board of Appeals.

(2) Membership and appointment.

(a) Pursuant to state statutes, there is hereby created a Zoning Board of Appeals. City Council will act as the Zoning Board of Appeals pursuant to City Charter § 6.9.

(b) Voting. The concurring vote of a majority of the members of the Board shall be necessary to reverse an order, requirement, decision or determination of the Zoning Official, or to decide in favor of the applicant a matter upon which the Board of Appeals is required to pass under the terms of an ordinance, except that a concurring vote of two-thirds of the members of the Board of Appeals shall be necessary to grant a variance from uses of land permitted in an ordinance.

(3) Appeal procedure.

(a) An appeal may be taken by a person aggrieved, or by an officer, department, board or bureau of the city. The appeal shall be taken within 30 days of the date of the decision appealed, as prescribed by the rules of the Board of Appeals, by filing with the officer or body from whom the appeal is taken; that officer or body shall immediately transmit to the Board all the papers constituting the record upon which the action appealed was taken.

(b) Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed unless the officer or body from whom the appeal is taken certifies to the Board of Appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would in the opinion of the officer or body cause imminent peril to life or property; in which case proceedings shall not be stayed otherwise than by a restraining order. This restraining order may be granted by the Board of Appeals or circuit court, on application of or notice to the officer or body from whom the appeal is taken and on due cause shown.

(c) Decisions on appeals and applications. The Zoning Board of Appeals shall render its decision upon any appeal or application submitted to it within 60 days after the hearing thereon, and in any event, within 90 days after the date of filing the appeal or application; upon failure to do so, the appeal or application shall thereupon be deemed to be decided adversely to the appellant or applicant in the same manner as though the Board had rendered its decision to that effect. All decisions of the Zoning Board of Appeals shall become final five days after the date of entry of an order, unless the Board shall find, and so certify on the record, that it is necessary to cause the order to have immediate effect, in order to preserve property or personal rights.

(4) Appeals to circuit court.

(a) The decision of the Board of Appeals shall be final. However, a person having an interest affected by this chapter may appeal to the circuit court. Upon appeal, the circuit court shall review the record and decision of the Board of Appeals to ensure that the decision:

1. Complies with the constitution and laws of the state;

2. Is based upon proper procedure;

3. Is supported by competent, material and substantial evidence on the record; and

4. Represents the reasonable exercise of discretion granted by law to the Board of Appeals.

(b) As a result of the court's review, the court may affirm, reverse or modify the decision of the Board of Appeals.

(5) Variance procedures.

(a) Grant of power for variances. In addition to other duties and powers specified herein, the Zoning Board of Appeals, after public hearing, shall have the power to authorize a land use or structural variance from the provisions of this chapter where it is alleged by the applicant that either:

1. By reason of the exceptional narrowness, shallowness or shape of a specific piece of property on the effective date of this chapter, or by reason of exceptional topographic conditions or other extraordinary situation or condition of the land, building or structure or by reason of the use or development of property immediately adjoining the property in question, the literal enforcement of the requirements of this chapter would involve practical difficulties or would cause undue hardship;

2. There are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter relating to the construction, structural changes in equipment or alterations of buildings or structures or the use of the land, buildings or structures; or

3. The condition or situation of the specific property or the specific intended use of the property is not of a general or recurrent nature as to make the formulation of general regulations in this chapter practical.

(b) Variances prohibited. A variance may be allowed by the Zoning Board of Appeals only in cases where there is reasonable evidence in the official record of the hearing that:

1. The alleged practical difficulties or unnecessary hardships are present;

2. The variance will not be detrimental to adjacent property and the surrounding neighborhood;

3. The variance will not impair the intent and purpose of this chapter; and

4. At least two of the following conditions are found to exist:

a. There are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property that do not apply generally to other properties in the same zoning district;

b. The conditions or situation of the specific piece of property or the intended use of the property for which the variance is sought is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for the conditions or situation; and/or

c. The variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and in the vicinity. The possibility of increased financial return shall not of itself be deemed sufficient to warrant a variance.

(6) Temporary uses and public utility permits.

(a) The temporary use of a building or premises in any district for purposes of use that do not conform to the regulations prescribed by this chapter for the district in which it is located is permitted upon permit granted by the Zoning Board of Appeals, provided that the use is of a true temporary nature and does not involve the erection of substantial buildings. The permit shall be granted in the form of a temporary and revocable permit for not more than a 12-month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.

(b) The temporary use of a building or premises in undeveloped sections for a purpose that does not conform to the regulations prescribed by this chapter for the district in which it is to be located is permitted upon permit granted by the Zoning Board of Appeals, provided that the structure or use is of a true temporary nature, is promotive of or incidental to the development of the undeveloped sections, and does not involve the erection of substantial buildings. The permit shall be granted in the form of a temporary and revocable permit for not more than a 12-month period, subject to the conditions as will safeguard the public health, safety, convenience and general welfare.

(c) Public utilities. The Board of Appeals shall have the power to permit the erection and use of a building of a public service corporation for public utility purposes in any permitted district to a greater height or 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 of Appeals shall find the use, height, area, building or structure reasonably necessary for the public convenience and service and provided the building, structure or use is designed, erected and landscaped to conform harmoniously with the general architecture of the district.

(7) Interpretation of map. Where a street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the zoning map, the Board of Appeals, after notice to the owners of the property and the immediate adjoining property and after public hearing, shall interpret the map in a way so as to carry out the intent and purposes of this chapter for the particular section or district in question.

(8) Public hearing.

(a) Upon the filing of any appeal or application as hereinafter provided, or upon any other application in any matter or proceeding over which the Zoning Board of Appeals shall have jurisdiction by law or ordinance, the Zoning Board of Appeals shall hold a public hearing on the appeal or application.

(b) The hearing shall be held at the next meeting of the Board to be held not less than 15 days after the date of the filing. The Zoning Board of Appeals shall cause notice of the time and place of the hearing to be given to the appellant or applicant and shall also cause notice of the time, place and purpose of the hearing to be given to all owners of property within 300 feet of the property to be affected by the appeal or application, and to the occupants of all single and two-family dwellings within 300 feet of the property.

(c) The notice shall be given by certified mail or an affidavit of mailing, sent to the respective address of the owners and occupants as listed in the city tax rolls, or the notice may be delivered by handing a copy thereof to the property owners and occupants personally and obtaining their certifying signatures evidencing the delivery.

1. If the name of any occupant is not known, the term "occupant" may be used in addressing any notices sent by certified mail.

2. Where ownership is in more than one person, a partnership, a corporation, an infant or a trust, service upon any one of the owners or partners, an officer or registered agent of the corporation, the guardian or parent of the infant or trustee of the trust, as the case may be, shall be sufficient.

3. At the hearing, any party may appear in person, or represented by an attorney or agent.

(9) Fees. Upon the filing of any appeal or application to the Zoning Board of Appeals by any person other than an officer, department, board or agency of the city, the appellant or applicant shall pay a fee set by the City Council to defray the cost of hearing and recording the matter. In addition, if testimony is to be taken stenographically, the cost of doing so and of transcribing the same shall be borne and paid for by the appellant or applicant, and the Zoning Board of Appeals may require the deposit to be made for the purpose as shall be reasonable in the circumstances.

(10) Time limit for construction.

(a) If a variance is granted or the issuance of a permit is finally approved or other action by the appellant or applicant is authorized, any necessary permits shall be secured and the authorized action, construction or use begun within three months after the date when the variance is finally granted, or the issuance of the permit or permits is finally approved or the other action to be taken by the appellant or applicant is authorized; and the structure, building or alteration, as the case may be, shall be completed within 12 months of the date.

(b) For good cause shown, the Zoning Board of Appeals may, upon application in writing stating the reasons thereof, extend either the three-month or the 12-month period for further time as the Zoning Board of Appeals may, in its sole discretion, deem sufficient.

(c) Should the appellant or applicant fail to obtain any necessary permit or permits within the three-month period, or having obtained the same, should fail to commence work, or to take action or to exercise a use authorized thereunder within the three-month period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn and abandoned his or her appeal or his or her application, and all permissions, permits and variances to him or her granted by reason of the appeal or application shall be deemed automatically rescinded by the Zoning Board of Appeals.

(d) Should the appellant or applicant commence any required construction or alteration within the three-month period but fail to complete the construction or alteration within the 12-month period, the Zoning Board of Appeals may, upon ten days written notice, rescind or revoke the granted variance, or the issuance of the permit or permits, or the right to take other action as may have been authorized to the appellant or applicant, if the Board finds that no good cause appears for the failure.

(11) Employees. The Zoning Board of Appeals may employ clerical or other assistance as may be necessary, provided that it shall not at any time incur any expense beyond the amount of the appropriation made and then available for that purpose.

(12) Minutes and records. The Secretary of the Zoning Board of Appeals shall keep minutes of the substance of all testimony and of the Board's proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact. The Secretary shall keep records of the Zoning Board of Appeals’ examinations and official actions, all of which shall be immediately filed in the office of the Zoning Board of Appeals and shall be a public record.

(J) District changes and ordinance amendments.

(1) In accordance with the provisions of the Zoning Enabling Act, Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 through 125.3702, as amended, the City Council from time to time may amend, or change by ordinance, the number, shape or area of districts established on the zoning map or the regulations set forth in this chapter; but no amendment or change shall become effective unless the ordinance proposing the amendment or change shall first be submitted to the Planning Commission for approval, disapproval or suggestions and the Planning Commission shall have been allowed a reasonable time, not less than 30 days, for consideration and report.

(2) Any person or persons desiring a change in the unified development ordinance text or zoning map shall make application to the City Council. In case of a unified development ordinance text amendment, a letter shall be submitted which shall contain the requested change and the reason for the change; in case of a desired zoning map change a petition shall be submitted which shall describe the property involved, the zone change desired and the reason for the change. With either type of request there shall be an accompanying fee to cover costs encountered in conducting a public hearing and an escrow account to cover any planning reviews.

(3) The City Council shall refer all applications for a change in the zoning ordinance text or map to the Planning Commission.

(a) Before submitting its recommendations and report to the City Council, the Planning Commission shall conduct a public hearing on the proposed amendment or change after publishing notice of hearing at least 15 days prior to the date of hearing in an official paper or a paper of general circulation in the municipality and by sending a copy of the notice by United States mail to each public utility company and railroad company owning or operating any public utility or railroad within the districts or zones affected that registers its name and mailing address with the City Clerk/Treasurer for the purpose of receiving the notice.

(b) An affidavit of mailing shall be maintained.

(d) In case of a proposed zoning map change, all property owners within 300 feet of the boundaries of the property proposed to be changed shall be likewise notified by mail.

(e) All public notices (including publication in the newspaper and letter) shall state the time and place of hearing, the proposed amendment, and the property to be affected in case of a proposed map change.

(f) The omission of the name of any owner or occupant of property who may, in the opinion of the Planning Commission, be affected by the amendment or change shall not invalidate any ordinance passed hereunder; it being the intention of this section to provide reasonable notice to the persons substantially interested in the proposed change that an ordinance is pending before the City Council proposing to make a change in the zoning map or the regulations set forth in this chapter.

(4) After receiving the recommendations and report from the Planning Commission, the City Council may deny the request or enact an amendment to the unified development ordinance.

(a) However, upon presentation of a protest petition meeting the requirements of this division, an amendment to the unified development ordinance which is the object of the petition shall be passed only by a two-thirds vote of the City Council.

(b) The protest petition shall be presented to the City Council before final legislative action on the amendment, and shall be signed by one of the following:

1. The owners of at least 20% of the area of land included in the proposed change; or

2. The owners of a least 20% of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change.

3. Publicly owned land shall be excluded in calculating the 20% land area requirement.

(K) Public nuisance per se. Any building or structure which is erected, altered or converted or any use of premises or land which is begun or changed subsequent to the time of passage of this chapter and in violation of any of the provisions thereof is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

(L) Rights and remedies are cumulative. The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

(M) Nonconforming uses and structures.

(1) Nonconforming uses established.

(a) Within the districts established by this chapter or amendments that later may be adopted, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments.

(b) It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival.

(2) Nonconforming uses of land. Where, at the time of the passage of this chapter, a lawful use of land exists which would not be permitted by the regulations imposed by this chapter and where the uses involve individual structures, the use may be continued so long as it remains otherwise lawful, provided:

(a) No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter;

(b) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by the use at the effective date of adoption or amendment to this chapter;

(c) If any such nonconforming use of land ceases for any reason for a period of more than 12 months, any subsequent uses of the land shall conform with the regulations specified by the ordinance for the district in which the land is located; and

(d) No additional structure not conforming to the requirements of this chapter shall be erected in connection with the nonconforming use of land.

(3) Nonconforming structures. Where a lawful structure exists or is lawfully under construction at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, height, yards, its location on the lot or other requirements concerning the structure, the structure may be continued so long as it remains otherwise lawful subject to the following provisions:

(a) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(b) Any such nonconforming structure which has been damaged or destroyed by any means to an extent of more than 50% of its replacement cost at the time of damage or destruction shall not be reconstructed except in case of unusual hardship, for which the Zoning Board of Appeals may grant conditional approval for reconstruction.

(c) Should the nonconforming structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(4) Nonconforming use of structure or of structures and land in combination. If a lawful use involving individual structures or of structure and land in combination exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions:

(a) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(b) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for the use at the time of adoption or amendment of this chapter but no such use shall be intended to occupy any land outside the building.

(c) Any structure, or structure and land in combination, in or on which a nonconforming use is changed to a permitted use shall thereafter conform to the regulations for the district and nonconforming use may not thereafter be resumed.

(d) When a nonconforming use of a structure or structure and land in combination is discontinued or abandoned for 12 consecutive months or for 18 months during any three-year period (except when government action impedes access to the premises or if it is a seasonal type use), the structure or structure and land in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(e) Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this division is defined as damage to an extent of more than 50% of the replacement cost at the time of destruction.

(f) The use of a nonconforming building may be changed to another nonconforming use if the Zoning Board of Appeals finds that the new use would markedly decrease the degrees of nonconformance and would enhance the value and desirability of adjacent conforming uses.

(5) Repair or replacement. Repair or replacement of non-load-bearing walls, fixtures, wiring or plumbing may be performed in or on a nonconforming structure or portion of a structure containing a nonconforming use provided:

(a) During any consecutive 12-month period, the extent of repair or replacement shall not exceed 10% of the current replacement cost of the nonconforming structure;

(b) Cubic contents of the structure shall not be increased; and

(c) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of the official.

(6) Change of ownership. Change of ownership between private parties does not remove the nonconformity nor extend time limits.

(7) Replacement cost. Replacement cost as used in the above provision is the cost of restoring the structure to its original condition as appraised by a qualified appraiser employed by the City Council. Persons aggrieved by the appraisal may appeal to the Zoning Board of Appeals.

(8) Removal of nonconforming status. Any nonconforming structure or land may be made conforming by appropriate action or modification which cause the structure or land to fulfill the requirements of the district in which it is located. In case of a nonconforming use which is a use designated as a special land use by this chapter, the nonconforming status may be removed upon issuance of a special land use permit after the appropriate action has been taken in accordance with the provisions of this chapter. It shall be the responsibility of the owner or person requesting the special land use permit to initiate the request in accordance with 154.06(F).

(9) Elimination of nonconforming structures or land.

(a) The city may acquire by purchase, condemnation or otherwise, private property for the removal of nonconforming uses and structures, provided the property shall not be used for public housing.

(b) The legislative body may in its discretion provide that the cost and expense of acquiring the private property be paid from general funds or the cost and expense or any portion thereof may be assessed to a special district.

(c) The elimination of the nonconforming uses and structures in a zoned district as herein provided is hereby declared to be for a public purpose and for a public use.

(d) The legislative body shall have authority to institute and prosecute proceedings for the condemnation of nonconforming uses and structures under the power of eminent domain in accordance with the laws of the state or provisions of any city charter relative to condemnation.

(10) Nonconforming signs, illegal signs, and signs accessory to nonconforming uses.

(a) A sign which is in existence as of the effective date of this chapter, or on a later date when the property was annexed into the city, and that was constructed in accordance with this chapter and applicable laws in effect as of the date of its construction, but because of its size, height, location, design or construction is not in conformance with the requirements of this chapter, is hereby deemed to be nonconforming.

(b) These signs shall be allowed to remain in place and be maintained.

1. Nonconforming signs or their commercial messages may not be altered, expanded, enlarged or extended. Nonconforming signs may be maintained so as to continue its useful life as a sign.

2. Any nonconforming sign destroyed or damaged by fire or other casualty loss shall not be restored or rebuilt.

3. A sign, accessory to a nonconforming use, may be erected in the city in accordance with the sign regulation for the subject zoning district.

4. Any sign which for a period of 90 days or more that no longer advertises a bona fide business conducted or product sold shall be removed by the owner of the property on which the sign is located within 14 days of receipt of the written notice by the Zoning Official, as provided in § 154.05(B)(6) and its divisions, the provisions of which shall apply to the removal of the signs, the sign owners and property owners in question.

5. For any sign on property annexed into the city, the owner shall submit an application within six months of the effective date of the annexation. Applications submitted for existing signs within six months of the effective date of this chapter shall be exempt from the initial registration fees. Fees will be set by the City Council, for registration after the stated date.

(N) Effect on nonconformities. Nonconforming uses and structures which were in noncompliance with the unified development ordinance, as set forth above, shall remain nonconforming unless determined by City Council, following a recommendation from the Planning Commission to be in full compliance with this chapter.

(O) Enforcement.

(1) This chapter shall be enforced by the Zoning Official.

(2) The Zoning Official shall not issue any permit which would authorize a violation of any provision of this chapter or of any other applicable city regulation except upon the order of the Board of Appeals or a court.

(a) Inspections. The Zoning Official shall make periodic inspections of the city to ensure that the requirements of this chapter are being complied with.

(b) Violations. The Zoning Official shall investigate any alleged violation of this chapter coming to his or her attention, whether by complaint or from personal knowledge. If a violation is found to exist, the Zoning Official shall serve notice upon the owner by personal service or certified mail and order a termination of the violation. If the violation is found to still exist 30 days after the notification and order, the Zoning Official shall immediately prosecute a complaint to terminate the violation before the district court.

(c) Records. The Zoning Official shall keep records of all inspections, investigations, applications, fees and permits issued, with notations of all special conditions involved. Copies of all site plans approved by the Planning Commission or Zoning Board of Appeals shall also be kept unless the permit or authorization has expired. The records shall be available as a public record.

(P) Penalty.

(1) Any owner, agent, person or corporation who shall violate any provisions or requirements of this chapter or who shall fail to comply with any detailed statements or plan submitted hereunder, or who shall refuse reasonable opportunity to inspect any premises, shall be liable to a fine of not more than $500 or to imprisonment of not more than 90 days, or to both the fines and imprisonment. Each and every day the violation continues after a termination notice is received shall be deemed a separate and distinct violation.

(2) The owner of any building, structure or premises or part thereof where any condition in violation of this chapter shall exist or shall be created, who has assisted knowingly in the commission of the violation and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who assists in the commission of the violation shall be guilty of a separate offense and upon conviction thereof shall be subject to a fine or not more than $500 and the costs of prosecution or, in default of the payment thereof, shall be punished by imprisonment in the county jail for a period not to exceed 90 days for each offense, or by both the fine and imprisonment in the discretion of the court, together with the costs of the prosecution.

(Ord. 225, passed 11-11-2024)