Every building hereafter erected or structurally altered to provide dwelling units shall be located on a lot as herein defined, and in no case shall there be more than 1 such building on 1 lot unless otherwise provided in this ordinance.

   Space which has been counted or calculated as part of a side yard, rear yard, front yard, court, lot area, or other open space to meet the requirements of this ordinance for a building, shall not be counted or calculated to satisfy or comply with a yard, court, lot area, or other open space requirement for any other building.  An open porch or paved terrace may occupy a required front yard or rear yard, provided that the unoccupied portion of the front yard or rear yard furnishes a depth of not less than 21 feet.

   Architectural features, not including vertical projections, may extend or project into a required side yard not more than 2 inches for each 1 foot of width of the side yard, and may extend or project into a required front yard or rear yard not more than 3 feet.  Architectural features shall not include those details which are nominally demountable.

   (A)   No front or other yard shall be used for the storage or parking of automobiles or any other material or equipment; provided that in residential areas not more than 3 automobiles with a current license and in operating condition may be parked on an approved service driveway, extending from the street directly to a side yard or a garage.  No machinery, equipment, vehicles, lumber piles, crates, boxes, building blocks, or other materials either discarded, unsightly, or showing evidence of a need for repairs, with or without a current license, shall be stored, parked, abandoned, or junked in any open area and should such a use of land occur, it shall be declared to be a nuisance.  If the nuisance is not abated within 10 days after the owner of the land is notified by the Code Enforcement Officer, then the city may perform the necessary work to eliminate the nuisance at the expense of the property owner; and in the event the property owner fails to reimburse the city within 30 days after receiving notice of the amount due from the City Treasurer, then the amount shall become a lien upon the property.

   (A)   No porch or deck shall be used to keep or store any couch or other furniture which is not specifically intended and designed for outdoor usage, such as patio furniture or wrought iron type of furniture.

   (B)   This restriction shall not apply to the storage of couches and other furniture within enclosed rooms or sun porches.

   No dwelling shall be built, moved, or converted upon a lot having a frontage of less than 20 feet upon a public street or upon a private street or other permanent easement giving access to a public street.  No building permit shall be issued for any construction located on any lot or parcel of land in the city that does not abut on a public street or highway; provided that this ordinance shall not be the basis for preventing the issuance of a building permit for ordinary repair or maintenance of any building that is already erected on the date of the adoption of this ordinance upon a lot or parcel of land that does not so abut such a street or highway.  Must comply with schedule of regulations.

   No structure, wall, fence, shrubbery, or trees shall be erected, maintained, or planted on any lot which will obstruct the view of the driver of a vehicle approaching an intersection, excepting that shrubbery and low retaining walls not exceeding 2.5 feet in height above the curb level and shade trees where all branches are not less than 8 feet above the street level will be permitted.  For residential corner lots, this unobstructed area will be a triangular section of land formed by the 2 street curb lines and a line connecting them at points 30 feet from the intersection of those curb lines.

   No dwelling unit shall be erected in the R-O, C-1, C-2, C-3, C-4, M-1, and M-2 districts.

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

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

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

   (B)   Accessory buildings shall not be erected in any required yard except a rear yard, providing further that in no instance shall such a building be nearer than 18 inches to any adjoining lot line.

   (C)   An accessory building shall not exceed 1 story or 16 feet in height; further, accessory buildings may occupy not more than 25% of a required rear yard, or 40% of any non-required rear yard.

   (D)   An accessory building shall be located on the rear ½ of the lot except when structurally attached to the main building.

   (E)   No detached accessory building shall be located closer than 10 feet to any main building or main or accessory buildings on adjacent property.

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

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

   (H)   No detached or attached accessory building(s) intended for the parking and storage of private motor vehicles shall exceed, in total aggregate floor space of all such accessory buildings on a lot, 1,152 square feet in gross floor area in a residential district.

      (1)   In addition to the above allowable space for the parking and storage of private motor vehicles, there may be up to 250 square feet of space attached with the garage, or a separate detached accessory building not larger than 12 by 12 feet may be located on the same lot for the storage of tools and recreation equipment or for a dog house.  Use of any detached accessory building in any residential, business, or office district for a use other than the parking and storage of private motor vehicles, tools, recreation equipment, or dog houses requires review and approval by the Board of Zoning Appeals.

      (2)   Where lots or parcels exceed ½ of an acre (21,780 square feet), accessory buildings may exceed the above limits, provided that lot coverage limits as established at Appendix A are not exceeded and total aggregate floor space of all accessory buildings does not exceed 1,512 square feet.

      (3)   Where lots or parcels exceed 3/4 of an acre (32,670 square feet), accessory buildings may exceed the above limits, provided that lot coverage limits as established at Appendix A are not exceeded and total aggregate floor space of all accessory buildings does not exceed 1,824 square feet.

      (4)   Where lots or parcels exceed 1 acre (43,560 square feet) and less than 87,119 square feet or 2 acres, accessory buildings may exceed the above limits, provided that lot coverage limits as established at Appendix A are not exceeded and total aggregate floor space of all accessory buildings does not exceed 2,250 square feet.

      (5)   Where lots or parcels exceed 2 acres (87,120 square feet), accessory buildings may exceed the above limits, provided that lot coverage limits as established at Appendix A are not exceeded and total aggregate floor space of all accessory buildings does not exceed an additional 250 square feet per full acre.

      (6)   There may only be 2 detached accessory structures allowed per parcel. 

   (I)   All accessory buildings shall conform to the architectural style of the main structure and match the color and material of the main structure.

(Ord. 2018- -157, passed 4-2-2018)

   Campers, travel trailers, motorized homes, (specifically excluding commercial vehicles such as school buses, semi-tractor trailers, and box trucks where they have been converted for private use or not) snowmobiles, and trailers specifically designed to transport such vehicles, may be parked or stored outdoors in any zoning district on occupied lots subject to the following requirements.

   (A)   No more than 1 camper or travel trailer, no more than 1 boat, and no more than 2 snowmobiles may be parked on a lot of record which is zoned and used for residential purposes, and ownership of same must be in the name of a member of the immediate family of the lot’s owner, tenant, or lessee.

   (B)   Campers and travel trailers may be parked anywhere on the premises for loading and unloading purposes for a period not to exceed 48 hours.

   (C)   Campers, travel trailers, snowmobiles, trailers, boats, and the like, where parked or stored, shall be located only in the rear yard, and, in addition, shall conform to the required yard space requirements for accessory buildings in the zoning district wherein located.

   (D)   The maximum permitted lot coverage of all buildings plus any camper, travel trailer, or boat parking or storage space, shall not be exceeded.

   (E)   All campers, travel trailers, boats, and the like, shall be locked or secured at all times when not in use so as to prevent access thereto by children.

   (F)   A suitable covering, specifically excluding tarpaulins, shall be placed over boats, snowmobiles and vehicles whenever such items are not enclosed, in order to prevent vandalism or injury to children. In the event a motor vehicle is so covered, that covering shall be specifically designed for that purpose and the use of tarpaulins is specifically prohibited.

   (G)   Recreational equipment parked or stored shall not be connected to electricity, water, gas, or sanitary facilities, and at no time shall same be used for living, lodging, or housekeeping purposes.

   (H)   All recreational equipment must be kept in good condition and have a current year’s license or registration.

   (I)   The parking or storage of a mobile home unit outside of a mobile home park, under these provisions, is expressly prohibited.

   (A)   No person, firm, or corporation shall stand or park a motor vehicle, trailer, recreational vehicle, or watercraft on public or private property zoned for commercial or industrial use, for the purpose of offering or advertising the same for sale.

   (B)   For the purposes of this section, proof that a sign was in or on a standing or parked vehicle, trailer, recreational vehicle, or watercraft, and which sign was capable of drawing attention to same, and which sign was clearly visible to any person located off the property, shall create a presumption that the sign was for the purpose of offering the motor vehicle, trailer, recreational vehicle, or watercraft for sale.

   (C)   For the purposes of this section, proof that the subject motor vehicle, trailer, recreational vehicle, or watercraft was standing or parked in violation of this section, together with proof that the defendant named in the complaint was, at the time, the registered owner of same, shall create a presumption that the defendant was the person who parked the motor vehicle, trailer, recreational vehicle, or watercraft, when the violation occurred.

   (D)   This section shall not apply to currently licensed motor vehicles, trailers, recreational vehicles, or watercraft sales lots licensed by the City of Burton.

   No person, firm or corporation shall display for sale, sell, purchase or exchange any goods, wares or merchandise from any residentially zoned property for more than 6 calendar days during any 1 calendar year period.

   (A)   In order to regulate and control the problems of noise, odor, light, fumes, vibration, dust, danger of fire and explosion, and traffic congestion which result from the unrestricted and unregulated construction and operation of automobile service stations, and to regulate and control the adverse effects which these and other problems incidental to the automobile service station may exercise upon adjacent and surrounding areas, the following additional regulations and requirements are provided herein for automobile service stations located in any zone.

   (B)   All automobile service stations erected after the effective date of this ordinance shall comply with all requirements of this section.  No automobile service station existing on the effective date of this ordinance shall be structurally altered so as to provide a lesser degree of conformity with the provisions of this section than existed on the effective date of this ordinance.

      (1)   An automobile service station shall be located on a lot having a frontage along the principal street of not less than 150 feet, and having a minimum area of not less than 15,000 square feet.

      (2)   An automobile service station building housing an office or facilities for servicing, greasing, or washing motor vehicles shall be located not less than 40 feet from any street lot line, and not less than 25 feet from any side or rear lot line adjoining a residentially zoned district.

      (3)   All driveways providing ingress to or egress from an automobile service station shall be not more than 30 feet wide at the property line.  No more than 1 curb opening shall be permitted for each 50 feet of frontage or major fraction thereof along any street.  No driveway or curb opening shall be located nearer than 20 feet to any corner or exterior lot line, as measured along the property line.  No driveway shall be located nearer than 30 feet, as measured along the property line, to any other driveway giving access to or from the same automobile service station.

      (4)   A raised curb 6 inches in height shall be erected along all street lot lines, except for driveway openings.

      (5)   All lubrication equipment, motor vehicle washing equipment, hydraulic hoists, and pits shall be enclosed entirely within a building.

      (6)   An automobile service station located on a lot having an area of 15,000 square feet shall include not more than 8 gasoline pumps and 2 enclosed stalls for servicing, lubricating, greasing, and washing motor vehicles.  An additional 2 gasoline pumps and 1 enclosed stall may be included with the provision of each additional 2,000 square feet of lot area.

      (7)   All gasoline pumps shall be located not less than 15 lineal feet from any lot line, and shall be arranged so that motor vehicles shall not be supplied with gasoline or service while parked upon or overhanging any public sidewalk, street, or right-of-way.

      (8)   Where an automobile service station adjoins property located in any residential zone, a masonry wall 5 feet in height shall be erected and maintained along the service station property line.  All masonry walls shall be protected by a fixed curb or barrier to prevent vehicles from contacting the wall.

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

      (10)   (a)   When a structure designed and used for automobile service station or filling station purposes ceases to operate on a continuing basis for a period of 90 days within any period of 18 months, the owner of the premises shall be served written notice by the Zoning Administrator of the requirement, within 60 days of the date of the notice, to either:

            1.   Resume operation of the premises on a continuing basis as a lawful automobile service station or filling station;

            2.   Lawfully convert the structure to another permitted use in that district; or

            3.   Demolish the structure and completely remove the debris from the premises.

         (b)   All new automobile service stations or filling stations constructed after the effective date of this ordinance shall be required to post a bond with the Zoning Administrator in an amount equal to the estimated cost of demolition and clearance of improvements on the premises.  Failure to comply with one of the above mentioned 3 alternatives shall empower the Zoning Administrator to utilize the bond for the demolition and clearance of the premises in question.  If there should be declared a national emergency which would curtail the operation of motor vehicles or if the Planning Commission should determine that there exists a state of general economic depression or hardship, the provisions of this subsection (B)(10) shall not apply.

   (A)   When a drive-in establishment adjoins property located in any residential district, an ornamental masonry wall 5 feet in height shall be erected and maintained along the interior line, or if separated from the residential zone by an alley, there along the alley lot line.  In addition, all outside trash areas shall be enclosed by the 5-foot masonry wall.  This wall shall be protected from possible damage inflicted by vehicles using the parking area by means of pre-cast concrete wheel stops at least 6 inches in height, or by firmly implanted bumper guards not attached to the wall, or by other suitable barriers.

   (B)   The entire parking area shall be paved with a permanent surface of concrete or asphaltic cement.  Any unpaved area of the site shall be landscaped with lawn or other horticultural materials, maintained in a neat and orderly fashion at all times, and separated from the paved area by a raised curb or other equivalent barrier.

   (C)   Lighting shall be installed in a manner which will not create a driving hazard on abutting streets or which will not cause direct illumination on adjacent residential properties.

   (D)   Before approval is given for any use, a site plan shall first be submitted to the Board of Zoning Appeals for review as to suitability of location of entrances and exits to the site, parking area, screening, lighting, and other design features.

   (A)   Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of water to run away from the walls of the structures thereon.  The balance of yard spaces shall be graded and adequate drainage provided where necessary to deflect proper drainage of surface waters from the premises.

   (B)   When a new building is constructed on a vacant lot between 2 existing buildings or adjacent to an existing building, the existing established grade shall be used in determining the grade around the new building, and the yard around the new building shall be graded in such a manner as to meet existing grades.

   (C)   Final grade shall be approved by the Building Official only after a certificate of grading and location of building within the city has been duly completed and certified by a registered engineer or land surveyor.

   Any building or structure which has been wholly or partially erected on any premises within or outside the city shall not be moved to or placed upon any premises in the city unless a building permit or the building or structure shall have been secured under § 157.172 of this code.  Any such building or structure shall fully conform to all the provisions of this ordinance in the same manner as a new building or structure.

   The construction, maintenance, or existence within the city of any unprotected, unbarricaded, open, or dangerous excavations, holes, pits, or wells, or of any excavations, holes, or pits which constitute or are reasonably likely to constitute a danger or menace to public health, safety, or welfare, is hereby prohibited; provided, however, this section shall not prevent any excavation under a permit issued pursuant to this ordinance or the Building Code of the city, where those excavations are properly protected and warning signs posted in such a manner as may be approved by the Zoning Administrator.

   (A)   The use of land for the excavation, removal, filling, or depositing of any type of earth material, topsoil, gravel, rock, garbage, rubbish, or other wastes or byproducts, is not permitted in any zoning district except under a certificate from, and under the supervision of the Zoning Administrator in accordance with a topographic plan, approved by the City Engineer, submitted by the feeholder owner of the property concerned.  The topographic plan shall be drawn at a scale of not less than 1 inch equals 50 feet and shall show existing and proposed grades and topographic features and other data as may from time to time be required by the City Engineer.  The certificate may be issued in appropriate cases upon the filing with the application of a cash bond or surety bond by a surety company authorized to do business in the state running to the city in an amount as established by the City Engineer which will be sufficient in amount to rehabilitate the property upon default of the operator or other reasonable expenses.  This regulation does not apply to normal soil removal for basement or foundation work when a building permit has previously been duly issued by the Building Official.

   (B)   Any material filled or deposited on any property within the city, whether it be of any type of earth material, topsoil, gravel, rock, stone, broken concrete or asphalt or any other material shall not be piled higher than 25 feet from ground elevation of the surrounding area prior to the filling or depositing of the material.

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

   Nothing in this ordinance shall be deemed to require any change in the plans, construction, or design use of any building upon which actual construction was lawfully begun prior to the adoption of this ordinance, and upon which building actual construction has been diligently carried on, and provided further, that the building shall be completed within 2 years from the date of passage of this ordinance.

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

   No proposed plat of a new subdivision shall hereafter be approved by either the City Council or the City Planning Commission, unless the lots within the plat equal or exceed the minimum size and width requirements set forth in the various districts of this ordinance, and unless the plat fully conforms with the statutes of the state and all other provisions of this city code.

   Essential services shall be permitted as authorized under any franchise or that may be regulated by any law of the state or any ordinance of the city, it being the intention hereof to except those essential services from the application of this ordinance.

   All commercial radio, television, and other transmitting or relay antenna towers shall be permitted in any business, commercial, or industrial district which has access upon a major thoroughfare.  The setbacks for these towers from all abutting streets or adjacent property shall be a distance equal to the height of the tower.  The structural plans must be approved by the Building Official.

   Open air business uses, where permitted in a C-3, M-1, or M-2 district, shall be subject to the following regulations.

   (A)   The minimum area of the site shall be 10,000 square feet.

   (B)   The minimum street frontage shall be 100 feet.

   (C)   There shall be provided around all sides of the site, except at entrances, exits, and along sides of premises enclosed by building a fence or wall 5 feet in height in order to intercept wind-blown trash and other debris.  Where the site abuts any residentially zoned district, the requirements for protective screening shall apply as specified in § 157.087.

   (D)   Off-street parking areas and aisles, as required under §§ 157.110et seq. of this code, shall be paved in accordance with the requirements of § 157.112(C)(8).

   (E)   Lighting shall be installed in a manner which will not create a driving hazard on abutting streets or which will cast direct illumination on adjacent properties.

   (F)   Before approval is given for any use, a site plan shall be first submitted to the Planning Official for review as to suitability of location of entrances and exits to the site, parking area, fencing, lighting, and other design features.

   (G)   All open air business uses shall comply with all city and county health regulations regarding sanitation and general health conditions.

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

   (A)   Where an RM, HRM, RMH, R-O, C-1, C-2, C-3, C-4, M-1, M-2, or P-1 district abuts directly upon a residential district, those districts shall be screened from the contiguous, residentially zoned district by a screened fence, approved by the City Planning Commission or a person designated by the Commission.

   (B)   Where required fences are provided on the business side of public alleys, fence requirements may be waived to provide necessary entrance to or exit from required off-street parking and loading areas.

   (C)   Where a C-4 district abuts directly upon a residential district, that district shall be screened from the contiguous, residentially zoned district by a solid ornamental masonry wall 5 feet in height above grade no closer than 20 feet to the property line of commercial use in the C-4 district.

   (D)   Any nonconforming land or building use shall be required to comply with all the above requirements of this section.

   Whenever a greenbelt is required by the Planning Commission, it shall be completed prior to the issuance of any certificate of occupancy and shall thereafter be maintained with permanent plant materials, to provide a screen to abutting properties.  The greenbelts shall be planted and maintained with trees or shrubs deemed acceptable by the Planning Commission.

   All fences, walls, and other protective barriers (referred to in this section as “fences”) of any nature, description located in the city, shall conform to the following regulations.

   (A)   Fences in other than M-1 or M-2 districts, unless specifically provided otherwise, shall conform to the following requirements.

      (1)   (a)   No fence shall hereafter be located in the front yard without the prior written approval of the Director of the Department of Public Works or his or her designate.  Upon the request for a permit to construct a fence in a front yard, the Director of the Department of Public Works or his or her designate shall notify the persons to whom the adjacent real property is assessed of the proposed fence.  The adjoining property owner shall, within 7 days of the notice, request a hearing before the Zoning Board of Appeals if he or she has an objection to the construction of the fence in the front yard.  If no objection is received within 7 days of the date of notice, the Director of the Department of Public Works or his or her designate may issue a permit to construct the fence; provided, however, the fence shall be of an ornamental nature and of a design so as to be non-sight-obscuring and not in excess of 48 inches in height.

         (b)   Bushes and hedges must be kept trimmed to a maximum height of 42 inches.  Setbacks of bushes and hedges must be at least 3 feet from the edge of any sidewalk and must be kept trimmed back to this setback.  Fences may have up to 50% screen, and be of decorative design as required in § 157.089(A)(2).  There shall be a 20-foot free vision zone measured from a street curb and private driveway intersection if no sidewalk exists; also, observance of a 30-foot free vision zone requirement at intersecting streets per § 157.066.

      (2)   (a)   Fences of an ornamental nature which may be located in a front yard and any other yard shall be of approved materials, of a fence type listed below:

            1.   Post and rail;

            2.   Split rail;

            3.   Picket;

            4.   Wrought iron;

            5.   Chain link;

            6.   Wood; or

            7.   Vinyl.

         (b)   Fences of a type not listed above must be approved by the City Zoning Board of Appeals before placement in any yard.

      (3)   Barbed wire, spikes, nails, or any other sharp instruments of any kind are prohibited on top of or on the sides of any fence, except that barbed wire cradles may be placed on top of fences enclosing public utility buildings or equipment in any district or wherever deemed necessary by the City Zoning Board of Appeals in the interests of public safety or protection of private property.

      (4)   No chain link or wire fence shall hereafter be erected in any required yard space in excess of 5 feet in height above the grade of the surrounding land, unless the Zoning Board of Appeals shall give its special approval as provided in §§ 157.152et seq. of this code.

      (5)   Wooden fences may hereafter be erected in all residential districts to enclose property within a required side or rear yard, shall not exceed 6 feet in height above the natural, average existing grade or ground adjacent thereto, and shall not extend toward the front of the lot nearer than the front of the house or the required minimum front yard, whichever is greater.

   (B)   No fence shall be erected, established, or maintained on any corner lot which will obstruct the view of a driver of a vehicle approaching the intersection, with the exception that shade trees shall be permitted where all branches are not less than 8 feet above the road level.

   (C)   Fences in M-1 or M-2 districts with a maximum height of 6 feet may be located on property or road right-of-way lines of a lot, provided that those fences shall be located on parcels with an approved industrial use, maintained in good condition, and shall not constitute an unreasonable hazard.  The fences shall be of an approved type located within the city’s Specifications Governing the Granting of Permits for Commercial or Residential Driveways and Site Improvements, adopted November 3, 1980.

   (D)   Required walls and screening barrier shall have no openings for vehicular traffic or other purposes, except as otherwise provided in this ordinance and except such openings as may be approved by the Chief of Police and the Zoning Administrator.  All walls herein required shall be constructed of materials approved by the City Planning Commission to be durable, weather resistant, rustproof, and easily maintained; constructed in accordance with city specifications.

   (E)   Screen plantings may be approved to be utilized to comply with screening requirements set forth in this ordinance.  Individuals wishing to utilize plantings are to submit a landscaping detail to the City Planning Commission for approval.

      (1)   Screen plantings shall consist of plant materials which shall constitute a closed planting strip and height of 5 feet within 2 years after planting

      (3)   Screen plantings shall be placed in a planting strip of at least 5 feet in width.

   (F)   All required walls, fences, trash container enclosures, and screening barriers are to be maintained in a good condition, shall not constitute an unreasonable hazard, and shall comply with the intent for which they were required.

   (G)   Fencing for lots or parcels of land which abut more than 1 street frontage (private or public) shall maintain front yard setback requirements unless special approval of Zoning Board of Appeals is granted.

   (H)   All fences shall be constructed in such a manner that all structural members, including braces, posts, poles and other projections, shall be on the interior side of the fence.

   (I)   No person shall use rope; string; wire products including but not limited to chicken wire, hog wire, wire fabric, and similar welded or woven wire fabrics; chain; netting; cut or broken glass; paper; unapproved corrugated metal panels; galvanized sheet metal; plywood; or fiberglass panels in any fence or any other materials that are not manufactured specifically as fencing materials. The Building Official may require the applicant to provide the manufacturer’s standards to establish the intended use of a proposed fencing material.

   (J)   (1)   Fences must be maintained so as not to endanger life, property, or be in a stage of disrepair in the opinion of the Code Enforcement Officer.  No fence shall be attached in any way to a neighboring fence. Any fence which, through lack of maintenance or type of construction or otherwise, imperils life or property, shall be deemed a nuisance.  No fence, regardless of the zoning district in which it is located, shall be constructed in such a manner as to interfere with the vision of any motorist or pedestrian on any street.  No hedge shall be erected or grown in excess of 42 inches in height in front of the setback line for that property which shall unreasonably interfere with the visibility from any street or adjoining property.  If any fence or hedge shall constitute a nuisance or otherwise violate this ordinance, the owner of the property on which that fence or hedge is located shall abate the nuisance within 10 days of written notice thereof.

      (2)   If the nuisance is not abated within 10 days after the owner of the land is notified by the Code Enforcement Officer, then the city may perform the necessary work to eliminate the nuisance at the expense of the property owner; and in the event the property owner fails to reimburse the city within 30 days after receiving notice of the amount due from the City Treasurer, then the amount shall become a lien upon the property and be collected in the same manner as collection of city real property taxes.

   (A)   All commercial buildings constructed after the passage of this ordinance shall have incinerator facilities subject to all city, county, and state health requirements.

   (B)   Outside trash containers shall be permitted in the RM, HRM, R-O, C-1, C-2, C-3, C-4, M-1, and M-2 districts, provided that they comply with the following requirements:

      (1)   Adequate vehicular access shall be provided to the containers for truck pick-up either via a public alley or vehicular access aisle which does not conflict with the use of off-street parking areas or entrances to or exits from principal buildings nearby and whenever possible be located in the rear of the property;

      (2)   A solid ornamental screening wall or fence shall be provided around all sides of trash containers which shall be provided with a gate for access and be of a height so as to completely screen the containers, the maximum height of which shall not exceed 6 feet;

      (3)   The trash container(s), the screening wall or fence, and the surrounding ground area shall be maintained in a neat and orderly appearance, free from rubbish, waste paper, or other debris. This maintenance shall be the responsibility of the owner of the premises on which the containers are placed; and

      (4)   There shall be compliance with all city, county, and state health ordinances and statutes.

   (C)   Outside trash containers shall be permitted in the SE, R-1A, R-1B, and R-1C districts, provided that they comply with the following requirements:

      (1)   All conditions of regulation as outlined in § 142.04 in regards to littering.

      (2)   All trash containers located outside the building must be placed at a minimum behind the front face of the dwelling and in a manner designed to be directed away from adjoining property lines and not offensive to a reasonable person.

      (3)   No commercial trash container (dumpster) shall be allowed that would be intended for the collection of normal household garbage/food waste.

         (a)   No person shall place, operate, maintain, or allow a collection bin within the city without having first obtained a permit issued by the Department of Public Works.

         (b)   An application must be submitted to include all locations, along with written permission from each property owner. A permit fee shall be paid for each collection bin. At no time shall there be more than 2 permits allowed for anyone parcel.

         (c)   A permit fee in an amount set by resolution of the Council shall be paid at the time the application is made for the license or renewal thereof. A permit issued pursuant to this chapter shall be nontransferable and non-assignable.

         (d)   All collection containers must obtain a collection container permit and must include an affidavit and acknowledgment of the property owner giving permission to locate a collection container on real property on which collection containers are placed.

         (e)   A permit issued to a collection bin that meets the requirements of this chapter shall automatically renew for successive 1-year terms upon payment of a renewal fee, provided the city did not issue a written notice of violation of any provision of this chapter to the bin owner or property owner during the preceding 1-year term. A license that does not qualify for automatic renewal may be renewed upon payment of a renewal fee if the bin meets the standards of this chapter and has no open citations, unpaid fines, or unresolved violations at the time of license renewal. A permit shall not be renewed for a period of 1 year if the city issued three or more written notices of violations of this chapter against the collection bin during the preceding 12 months. The Department of Public Works shall notify the applicant in writing of the decision to deny the renewal permit and state the specific reasons for denial.

         (a)   Any person desiring a permit pursuant to this chapter shall file with the DPW a permit fee together, which application shall contain the following information:

            1.   Name, address, telephone number, email, and website address (if any) of the applicant, and of each officer if a corporation or each partner if a partnership. The same information shall be provided for the collection bin operator if different from the applicant.

            2.   Name, address, telephone number, email, and website address (if any) of the owner of the real property on which the collection bin will be located.

            3.   Name, address, telephone number, email, and website address (if any), including 24-hour contact information, of the person responsible for the daily operation and management of the collection bin.

            4.   A signed and notarized affidavit and authorization from the property owner to allow placement of the collection bin on the property.

            5.   Signed and notarized acknowledgments from the property owner and from the collection bin owner acknowledging receipt of a copy of this chapter and responsibility for joint and several liability for violations of this chapter.

            6.   A textual description and scaled drawing or map on 8 1/2-inch by 11- inch paper or other size accepted by the city that shows:

               a.   The proposed location of the collection bin(s). Adequate vehicular access shall be provided to the containers for truck pick-up either via a public alley or vehicular access aisle which does not conflict with the use of off-street parking areas or entrances to or exits from principal buildings nearby and whenever possible be located in the rear of the property.

               b.   The location and dimensions of all parcel boundaries, buildings, driveways, sidewalks, parking spaces, easements, and landscaped areas, and the distance from each to the proposed location of the collection bin.

               c.   Calculation of required, existing, and proposed number of parking spaces.

               d.   The distance between the proposed location of the collection bin and the nearest residential property.

               e.   The location and distance of all collection bins within 1,000 feet of the proposed collection bin location.

               f.   A photograph of the collection bin to be installed.

               g.   A description of the locking mechanism of the collection bin.

               h.   A maintenance plan that includes a plan for graffiti removal, rust protection, pick up schedule, and litter and trash removal on and around the collection bin that is sufficient to prevent and/or eliminate blight-related conditions.

         (a)   Containers shall be maintained in good condition and appearance, with no damage such as holes, rust, or graffiti.

         (b)   The collection container operator and property owner shall maintain, or cause to be maintained, the area surrounding the containers free from any junk, noxious odor, debris and donated items.

         (c)   Collection containers shall be serviced not less than monthly or more frequently if containers are observed by the Planning and Community Development Department to be full. Servicing shall occur between 7:00 a.m. and 7:00 p.m. on weekdays and 9:00 a.m. and 6:00 p.m. on weekends. This servicing includes maintenance of the container, removal of collected material and abatement of any graffiti, litter, or other nuisance condition.

         (d)   Containers shall have an identification plate with the name, mailing address, email address, website and phone number of the operator. This plate shall be mounted near the donation chute.

(Ord. 2021-7-157, passed 7-19-2021)

   (A)   The purpose of this section is to carry out the provisions of the State Land Division Act (Public Act 288 of 1996, as amended, formerly known as the Subdivision Control Act), to prevent the creation of parcels of property which do not comply with applicable ordinances and the Act, to minimize potential boundary disputes, to maintain orderly development of the community, and otherwise provide for the health, safety, and welfare of the residents and property owners of the city by establishing reasonable standards for prior review and approval of land divisions within the city.

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

      APPLICANT.  A natural person, firm, association, partnership, corporation, or combination of any thereof that holds ownership interest in land whether recorded or not.

      DIVIDED or DIVISION.  The partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or assigns, for the purpose of sale or lease of more than 1 year, or of building development, that results in 1 or more parcels of less than 40 acres or the equivalent and that satisfies the requirements of State Land Division Act, §§ 108 and 109.  DIVIDE and DIVISION do not include a property transfer between 2 or more adjacent parcels, if the property taken from a parcel is added to an adjacent parcel; and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of the State Land Division Act, or the requirements of the other applicable local ordinance.

      EXEMPT SPLIT or EXEMPT DIVISION.  The partitioning or splitting of a parcel or tract of land by the proprietor thereof, or by his or her heirs, executors, administrators, legal representatives, successors, or assigns, that does not result in 1 or more parcels of less than 40 acres of the equivalent.

   (C)   Land in the city shall not be divided without the prior review and approval of the city in accordance with this section and the State Land Division Act; provided that the following shall be exempted from this requirement.  Any person who sells or agrees to sell any lot, piece, or parcel of land which has been split or divided from an existing parcel of land without final approval by the Assessor or the Assessor’s designee shall be subject to a fine not to exceed $1,000.00 in accordance with Section 26.430.264 of the State Land Division Act; provided that the following shall be exempt from this requirement:

      (1)   A parcel proposed for subdivision through a recorded plat pursuant to the State Land Division Act;

      (2)   A lot in a recorded plat proposed to be further divided in accordance with the State Land Division Act and Chapter 156 of this code; or

      (3)   An exempt split as defined in this section, or other partitioning or splitting that results in parcels of 20 acres or more if each is not accessible and the parcel was in existence on March 31, 1997 or resulted from exempt splitting under the Act.

   (D)   An applicant shall file an application for Land Division and all of the following information and documentation with the Assessor’s office; these applications shall be reviewed and approved by the following administrative officials before making any division either by deed, land contract, lease for more than 1 year, or for building development.

      (1)   Officials.

         (a)   The Assessor;

         (b)   The Road Department;

         (c)   The Water and Sewer Department;

         (d)   The Zoning Administrator;

         (e)   The Planning and Zoning Administrator; and

         (f)   The Controller Department.

         (g)   The City Treasurer;

         (h)   The County Treasurer.

         (a)   A completed application on a form as may be provided by the City Assessor’s Office;

         (b)   Proof of fee simple ownership of the land proposed to be divided;

         (c)   A tentative parcel map drawn to scale, prepared by a registered civil engineer or a registered land surveyor, including an accurate legal description of each proposed division, and showing the boundary lines, approximate dimensions, and the accessibility of each division for vehicle traffic and public utilities; the drawing shall contain the following information.

            1.   All existing buildings and structures on the site, and building and structures located on abutting property within 50 feet of the lot to be divided with set backs.

            2.   Boundaries of any water body, floodplain, wetland, drainage way and woodlot.

            3.   Boundaries of all proposed divisions, with complete dimensions; area of each proposed resultant parcel.

            4.   Proposed locations and dimensions of any easements.

         (d)   Proof that all standards of the State Land Division Act and this ordinance have been met;

         (e)   Detailed information about the terms and availability of the proposed division rights transfer if a transfer of division rights is proposed in the land transfer; and

         (f)   A fee to cover the costs of review of the application and administration of this ordinance and the State Land Division Act.  The amount of the fee shall be established and amended from time to time by resolution to the City Council.

   (E)   The following procedure for review of application for land division approval shall apply:

      (1)   The unanimous approval of all 8 city and county officials referenced in subparagraph (D) above shall be required to approve a land division;

      (2)   The city shall approve or disapprove the land division applied for within 15 business days after receipt of a complete application conforming to this ordinance’s requirements and the State Land Division Act, and shall promptly notify the applicant of the decision, and if denied, the reasons for denial;

      (3)   (a)   Any applicant aggrieved by a denial of a lot split application may, within 30 days of the decision, appeal the decision to the City Council, which shall consider and resolve the appeal by a majority vote of the Council, or by the appellate designee, at its next regular meeting or session.  The meeting or session shall be scheduled to afford sufficient time for a written notice to be sent to the applicant not less than 20 days prior to the meeting.  The notice shall show the time, date, and place of the meeting and the appellate hearing;

         (b)   The City Council shall not have the authority to grant variances to the requirements of the zoning ordinance provision as they may relate to lot sizing and set back requirements.

      (5)   Approval of a division is not determination that the resulting parcels comply with other ordinances or regulations; and

      (6)   The city and the city’s officers, employees, and consultants shall not be liable for damages resulting from approval of a land division if building permits for construction on the parcels are subsequently denied because of inadequate water supply, sewage disposal facilities, requirements of this ordinance, and violations of other ordinance, or any other reason, and any notice of approval shall include a statement to this effect.

      (7)   All property taxes and bills due to the City or County Treasurer must be current before final approval will be given.

   (F)   Applications for a proposed land division shall be approved by the city if the following criteria are met:

      (1)   All parcels created by the proposed division(s) have a minimum width as specified by this ordinance for the zoning district in which the subject property is located, as amended from time to time;

      (2)   All those parcels shall contain a minimum area as specified by this ordinance for the zoning district in which the subject property is located, as amended from time to time; and

      (3)   For parcels greater than 1 acre in area, the ratio of depth to width of any parcel created by the division does not exceed a 4 to 1 ratio exclusive of access roads, easements, or non-development sites.  For parcels equal to or less than 1 acre in area, the ratio of depth to width of any parcel created by the division does not exceed a 3 to 1 ration exclusive of access roads, easements, or non-development sites.  The depth of a parcel created by a land division shall be measured as described in this ordinance.  The width to depth ratio requirement may be appealed in accordance with the procedure described in subsection (E)(3) above in the following circumstances:

         (a)   Unusual shape or configuration or excessive depth of the parent parcel;

         (b)   Narrow or other unusual configuration of the parent parcel;

         (c)   Existing building placement or site improvements will not accommodate the required width to depth ratio;

         (d)   Unusual topographic, wetland, geologic, or other natural features make the required width to depth ratio impractical; or

         (e)   Any other feature(s) determined to be appropriate for consideration by the city’s representative.

   (G)   The following constitutes the consequences of noncompliance with land division approval requirements:

      (1)   Any division of land in violation of any provision of this section shall not be recognized as a land division of the city tax roll and no construction thereon which requires the prior issuance of a building permit shall be allowed.  The city shall further have the authority to initiate injunctive or other relief to prevent any violation or continuance of any violation of this section; and

      (2)   An unlawful division or split shall also be voidable at the option of the purchaser and shall subject the seller to forfeiture of all consideration received or pledged therefore, together with any damages sustained by the purchaser, recoverable in an action at law.

   (A)   The following provisions in this section shall apply to all site plan review procedures unless otherwise provided in this ordinance.  The procedures of this section shall be minimum requirements, and additional procedures may be required by this ordinance or by the Planning Commission.

   (B)   Zoning review (rather than site plan review) is required whenever there is a change of ownership or change of use within a multiple tenant space having previously received site plan approval, so long as the use does not differ from an approved use for that zoning. In instances where this applies, the Department of Public Works or authorized representative is hereby authorized to make the review and issue an approval or disapproval. Any interested party may appeal any decision made during this zoning review to the Planning Commission within 7 days of notification of the decision.

   (C)   (1)   Administrative site plan review (rather than site plan review) is required whenever there is a change of ownership, or change of use within the parameters of a permitted use within that zoning district when exterior construction is not being done or the construction of an enclosed structure to be used exclusively for storage provided that the structure does not exceed the following size limitations.  Where the parcel is less than 5 acres, the structure cannot exceed 2% of the area of the subject parcel.  Where the parcel exceeds 5 acres, the structure cannot exceed 2% of the first 5 acres plus ½% per acre, but in no event shall the structure exceed 10,000 square feet in total size.  In the event the structure does exceed these size limitations then site plan review shall be required.  Administrative site plan review is also applicable to the construction of structures used for recreational purposes that are unenclosed except for columns supporting the roof, or exterior construction that does not require a building permit.

      (2)   The Director of the Department of Public Works, City of Burton, or his authorized representative, is hereby authorized to make the review and issue an approval or disapproval.  Any interested party may appeal any decision made during the administrative site plan review of the Director of the Department of Public Works or his designate to the Planning Commission within 7 days of notification of the decision.

   (D)   Site plan review with Planning Commission approval is required when there is a change of use in conjunction with exterior construction that requires a building permit, additional use of an attached building or portion of building with a prior approved site plan on file of a use permitted in the same zoning district, development of a property, or construction of a previously developed property, except as provided in subsections (B) and (C) hereof.  Whenever a site plan review is required by the provisions of this ordinance, 12 copies of the site plan to an architectural or engineering scale, including all items required together therewith, shall be submitted to the Planning Commission to permit study of all elements of the plan.  The Planning Commission may prepare forms and require the use of such forms in site preparation.

   (E)   A copy of the site plan shall be distributed by the Planning Commission to the City Fire Chief, Police Chief, Attorney, Engineer, Planning Consultant, and other individuals and agencies as deemed necessary by the Planning Commission.

   (F)   The following information shall accompany all plans submitted for review:

      (1)   A legal description of the property under consideration;

      (2)   A map indicating the gross land area of the development, the present zoning classification thereof, and the zoning classification and land use of the area surrounding the proposed development, including the location of structures and other improvements;

      (3)   A fully dimensioned map of the land showing topographic information a contour interval of 2 feet or less, if requested by the City Engineer;

      (4)   A statement of the adverse effects, if any, upon any property in the city which may result from the proposed development;

      (5)   A general development plan with at least the following details shown to scale and dimensioned:

         (a)   Location of each existing and each proposed structure in the development area, the use or uses to be contained therein, the number of stories, gross building areas, distances between structures and lot lines, setback lines and approximate location of vehicular entrances and loading points;

         (b)   All streets, driveways, service aisles, and parking areas, including general layout and design of parking lot spaces;

         (c)   All pedestrian walks, malls, and open areas for parks and recreation;

         (d)   Location and height of all walls, fences, and screen plantings, including a general plan for the landscaping of the development and the method by which landscaping is to be accomplished and be maintained;

         (e)   Types of surfacing, such as paving, turfing, or gravel, to be used at the various locations;

         (f)   A grading plan of the area; and

         (g)   The location and capacity of private or public water and sanitary sewerage services, storm drains, and solid waste disposal facilities serving the site.

      (6)   Plans and elevations of 1 or more structures, indicating proposed architecture and construction standards;

      (7)   Such other information as may be required by the city to assist in the consideration of the proposed development, such as signs and lighting.

      (8)   A statement of financial responsibility, including the posting of bonds or cash to ensure the installation of the improvements required by the city as a condition to the development.

   (G)   (1)   The purpose of site plan review is to determine compliance with the provisions set forth herein and to promote the orderly development of the city, the stability of land values and investments, and the general welfare, and to help prevent the impairment or depreciation of land values and development by the erection of structures or additions or alterations thereto without proper attention to siding and appearances.

      (2)   In order that buildings, open space, and landscaping will be in harmony with other structures and improvements in the area, and to ensure that no undesirable health, safety, noise, and traffic conditions will result from the development, the Planning Commission shall determine whether the site plan meets the following criteria, unless the Planning Commission determines that 1 or more of the following criteria are inapplicable:

         (a)   The vehicular transportation system shall provide for circulation throughout the site and for efficient ingress and egress to all parts of the site by fire and safety equipment.  (Basis for Burton City Council Side-Street Paving Requirements). The Planning Commission shall consider the following factors in exercising its discretion over site plan approval regarding traffic:

            1.   Whether traffic access to the site is such that vehicular congestion or other impairment of traffic may result from access to and from the site.  Consideration will also be given to traffic patterns, curb cut locations, and access for adjacent development and for development across street;

            2.   Whether the traffic circulation features within the site and location of automobile parking areas are designed to ensure safety and convenience of both vehicular and pedestrian traffic both within the site and in relation to access streets; and

            3.   Whether there is a need, after consultation with city, county, and state agencies as may be necessary, for a requirement of acceleration, deceleration, or bypass lineage to serve the particular site.

         (b)   Pedestrian walkway systems shall be provided to connect the areas of the site, and to connect the site with schools and shopping areas and other public gathering areas.  Pedestrian walkways shall be provided as deemed necessary by the Planning Commission for separating pedestrian and vehicular traffic. (Basis for Burton City Council Sidewalk Construction Requirement).

         (c)   Recreation and open space areas shall be provided;

         (d)   The site plan shall comply with the district requirements for minimum floor space, height of building, lot size, yard space, density, and all other requirements as set forth in Appendix A of this ordinance, unless otherwise provided in this ordinance;

         (e)   The requirements for greenbelt, fencing, walls, and other protective barriers shall be complied with as provided in§ 157.087, § 157.088, § 157.089;

         (f)   The site plan shall provide for adequate storage space for the use therein, including, where necessary, storage space for recreational vehicles; and

         (g)   The site plan shall comply with all requirements of the applicable zoning district, unless otherwise provided in this ordinance.

   (H)   The site plan shall be reviewed by the Planning Commission and approved, approved with any conditions the Planning Commission deems necessary to carry out the purpose of the ordinance and other regulations of the city, or disapproved.  Any interested party shall have the right to appeal to the Zoning Board of Appeals any decision of the Planning Commission within 7 days after the decision of the Planning Commission.

   (I)   Following the approval of a site plan by the Director of the Department of Public Works or his or her designate or by the Planning Commission, the Zoning Administrator may issue a building permit and shall ensure that development is undertaken and completed in conformance with the approved plans.

   (J)   The building permit may be revoked in any case where the conditions of the permit have not been or are not being complied with.  The Zoning Administrator shall give the permittee notice of intention to revoke the permit at least 7 days prior to the revocation of the permit.  The permittee may appeal the revocation of the building permit to the Planning Commission within 7 days of the revocation of the permit.

   (K)   Every site that requires site plan review approval shall be designed to provide for a 5-foot concrete sidewalk along entire road frontage.  This sidewalk is required within any right-of-way abutting a parcel of land or platted lot requiring a site plan review.  Unless determined to be required by the Planning Commission during site plan review, sidewalks shall not otherwise be required for interior streets in a platted subdivision.

   (L)   Once site plan approval has been granted by the City’s Planning Commission, an applicant has a period of 1 year from that date to obtain the mandatory building or site permit.  Failure to do so will result in the site plan approval being revoked.

   (M)   In the event that construction is not begun within 1 year from the date of the issuance of the building and site permits, the site plan approval shall be revoked, after which time no further consideration of the proposed development may be taken until a new site plan has been approved subject to the requirements of § 157.045(D).  Application may be made to the City Council for a 1-year extension of the site plan approval.

   (N)   Every site that requires zoning review, administrative site plan review, or site plan review approval shall be designed to provide for a numeric address with a minimum of 6" high, black or white numbers on the front face of the building visible from the street. (example: 1234).

   (A)   The intent of this section is to permit, through design innovation, flexibility in the development of single-family residential housing patterns on sites where the conventional subdivision approach to residential development would either destroy the unique environmental significance of the site, or where a transitional type of residential development is desirable.

   (B)   To accomplish this purpose, the following modifications to the single-family residential standards of this ordinance may be permitted, subject to the conditions herein imposed.

      (1)   The area to be set aside for open space (including usable recreation areas, open space, and watercourses) accomplished through application of the single-family cluster option shall represent at least 15% of the total horizontal area of the site in an R-1A or R-1B district, and at least 25% in an SE district, and shall be distributed throughout the development.

      (2)   The overall permitted unit density within an unplatted parcel which qualifies for consideration under either§ 157.093(B)(1) or § 157.093(B)(2) shall not exceed the following dwelling unit densities by district, averaged over the entire area included within the site.

 

 

         (a)   The attaching of single-family homes within a cluster shall be permitted when those homes are attached either through a common party wall or garage wall which does not have over 50% of an individual wall or more than 25% of the total exterior walls of the living area of a single-family home in common with the wall or walls of the living area of an adjoining home; or by means of an architectural detail which does not form interior room space; or through a common party wall in only the garage portion of adjacent structures;

         (b)   The detaching of single-family homes within clusters shall be permitted provided those homes shall be spaced not less than 6 feet apart when opposing dwelling unit walls contain no openings, and not less than 10 feet apart when opposing dwelling unit walls contain openings.  The distance between opposing garage walls within a cluster shall meet local fire codes, except that in no case shall those walls be less than 6 feet apart;

         (c)   The maximum number of homes in a cluster shall be subject to review by the Planning Commission, except that in no case shall a cluster contain less than 2 homes or more than 4 homes; and

         (d)   No structure within a cluster shall be located closer than 25 feet to any interior private street, drive, or public right-of-way, or in the case of any peripheral property line, not less than 25 feet.  Clusters of single-family homes shall be arranged on the site so that none shall face directly into a freeway, principal arterial, major thoroughfare, nonresidential district, or nonresidential use.

      (4)   Each cluster of attached or detached single-family homes shall be separated from any other cluster of single-family homes by a distance determined by the number of homes in opposing clusters as set forth in the following scale; except that the Planning Commission, after review of site development plans, may modify the strict application of the distance in those instances where it is found that a natural amenity would be destroyed or topographical or soil conditions limit a practical dimensional separation of clusters.

 

 

      (5)   An applicant seeking use of the single-family cluster option shall submit a site plan to the Planning Commission for consideration.  The Planning Commission, in making its review, shall find that the site possesses at least 1 of the requirements for qualifications as outlined in§ 157.093(B)(1) before approving the application.  The Planning Commission shall conduct its review in accordance with the public hearing requirements set forth and regulated in § 157.177(D) of this code.

      (6)   The site plan shall be prepared as follows.  Site plans, in addition to providing all data at § 157.092(F), shall provide the following:

         (a)   The structural outline (building envelope) of all structures proposed on the site;

         (b)   Architectural renderings of building facade elevations within a typical cluster;

         (c)   The areas to be dedicated as open space and recreational use, showing access, location, and any improvements.  Assurance of the permanence of the open space and its continued maintenance shall be submitted for review and approval by the City Attorney.  The City Attorney shall review and render an opinion with respect to:

            1.   The proposed manner of holding title to the open space;

            2.   The proposed manner of payment of taxes;

            3.   The proposed method of regulating the use of open land;

            4.   The proposed method of maintenance of property and the financing thereof; and

         (d)   The location of access drives, streets, and off-street parking areas, sidewalks, trash receptacles, and the like; and

         (e)   The location, extent, and type of landscaping in accordance with the requirements of § 157.088 of this code.

      (7)   The applicant shall submit as a part of his or her site plan proposed building elevations and typical floor plans.  Building elevation drawings shall be drawn to scale and need only be a sample of development throughout the site.  Where more than 1 type of structural design is intended, sample elevation and corresponding floor plans for each type shall be submitted.

   (A)   All developers of proposed planned shopping centers shall submit a market analysis suitable for the size center proposed, showing the need for a shopping center in the location requested and the inadequacy of existing shopping facilities to meet demands.

   (B)   For these purposes, the market analysis shall contain the following determinations:

      (1)   Determination of the trade area of the proposed shopping center;

      (2)   Determination of trade area population, present and future;

      (3)   Determination of effective buying power in the trade area; and

      (4)   Determination of net potential customer buying power for stores in the proposed shopping center.

   (A)   All outdoor lighting in use districts used to light the general area of a specific site shall be shielded to reduce glare into adjacent residentially used dwellings and shall be so arranged in all use districts, except R-1A, R-1B, and SE, to reflect lights away from all adjacent residential single-family zoned districts.

   (B)   All outdoor lighting in all use districts shall be directed toward and confined to the ground areas of lawns or parking lots.

   (C)   All lighting in nonresidential districts used for the external illumination of buildings, so as to feature those buildings, shall be placed and shielded so as not to interfere with the vision of persons on adjacent highways or adjacent property.

   (D)   Illumination of signs shall be directed or shaded downward so as not to interfere with the vision of persons on the adjacent highways or the adjacent property.

   (E)   All illumination of signs and any other outdoor feature shall not be of a flashing, moving, or intermittent type.  Artificial light shall be maintained stationary and constant in intensity and color at all times when in use.

   (A)   Dish type satellite signal receiving stations (hereafter “stations”), subject to the following regulations, may be located within the city.

   (B)   Stations shall be maintained in the rear yard whenever possible, and set back at least 5 feet from all lot lines and 10 feet from rear yard lot lines. The sitting of stations shall be regulated by the Federal Communication Commission rules and regulations as they may be promulgated and amended from time to time.

   (C)   The height of the ground mounted station, should the dish antenna be turned perpendicular to the ground, shall not extend above 15 feet; and the maximum diameter of any dish antenna shall not exceed 12 feet.

   (D)   Stations may be roof mounted on structures, provided they are anchored in an approved manner outlined by the Building Code.

   (E)   All roof mounted stations shall be viewed to be a portion of a building with regard to height determination subject to the height limitations of each zoning district as outlined in Appendix A, Schedule of Regulations.

   (F)   The Zoning Board of Appeals of the city may grant variances to this ordinance when, in its discretion, enforcement of this ordinance will result in practical difficulties and unnecessary hardships on person, firms, or corporations affected hereby.  A hearing shall be held pursuant to the procedures set forth in § 157.154 of this code.

   (A)   All dwelling structures shall be located on their lots in such a manner that the dwelling’s front entrance shall be in a similar location to the entrance location of other homes in the neighborhood in which it is located.  The front entrance shall be located in the wall facing the front yard of the dwelling, or not less than 25% of the total side wall distance from the front wall, on a wall facing a side yard of the dwelling.

   (B)   All dwelling structures shall have windows located on the wall facing the front yard and exterior doors either on the front and rear or front and side as generally found in homes in the neighborhood in which it is to be located.

   (A)   Notwithstanding other regulations contained within the city's Zoning Ordinance  (Chapter 157 of the Code of Ordinances of the City of Burton), and subject to the regulations set forth in this section, chickens may be owned, kept and possessed within the boundaries of certain non-agriculturally zoned areas within the City of Burton as a permitted accessory use.

   (B)   (1)   Any person who keeps chickens on non-agriculturally zoned property shall first obtain a permit. An application shall be submitted to the Department of Public Works and a fee paid as shall be established, and from time to time be amended, by resolution of the Burton City Council. Initially this fee shall be set at $25.

      (2)   Permits shall expire and become invalid upon the expiration of a period of 5 years. Any person  wishing to continue to house chickens shall obtain a new permit on or before the expiration date of the previous permit.

      (3)   Permits shall be issued for property zoned SE (Suburban Estate Residential), R-1A (Single Family Residential), R-1B (Single Family Residential), or, R-1C (Single Family Residential).

      (4)   Notwithstanding the issuance of a permit by the city, private restrictions on the use of property shall remain enforceable and take precedence over a permit. Private restrictions include, but are not limited to, deed restrictions, condominium master deed restrictions, neighborhood association by-laws and covenant deeds. A permit issued to a person whose property is subject to private restrictions that prohibit the keeping of hens is void. The interpretation and enforcement of the private restriction is the sole responsibility of the private parties involved.

      (5)   No permit shall be issued to any person who shall have been judicially determined to have violated any of the provisions of this section without obtaining the affirmative vote of the City Council.

      (6)   (a)   Permits are non-transferable and do not run with the land. Permits shall provide a limited license to conduct the activity as an accessory use, but no vested zoning rights shall arise from the issuance of a permit.

         (b)   Permits do not grant any right or authority to conduct commercial activities. Accordingly, the sale of eggs or the slaughtering of chickens at the permitted site shall not be allowed and shall result in the revocation of any existing permit.

         (c)   This section shall not regulate the keeping of chickens upon agriculturally zoned property where the raising of poultry is a permitted principal use when conducted in compliance with the Michigan Right to Farm Act and the Generally Accepted Agricultural Management Practices promulgated thereunder.

      (7)   No permit shall be issued to any person intending to house chickens upon any lot less then 1/2 acre unless such permit shall receive special use approval by the City Planning Commission pursuant to § 157.177.

   (C)   All persons receiving a permit to house chickens shall comply with all of the following requirements:

      (1)   No more than 6 female chickens (hens) may be kept.

      (2)   No male chickens (roosters) may be kept.

      (3)   Any such chickens must be provided a covered shelter which shall be located in the "rear yard" as that term is defined in § 157.006 of the Code of Ordinances of the City of Burton.

      (4)   All shelters for the keeping of hens shall be constructed, repaired and maintained to prevent rats, mice or other rodents from being harbored underneath, within or within the walls of the shelter.

      (5)   The shelter shall be maintained in a sanitary manner, free from offensive odors.

      (6)   All feed and other items associated with the keeping of chickens shall be stored and secured in such a manner as to prevent access by mice, rats and other rodents.

      (7)   No person shall be permitted to slaughter chickens upon the property where chickens are kept pursuant to this section.

      (8)   Shelters housing chickens must be kept a minimum of 10 feet from any property line and minimum of 30 feet from any neighboring residential or commercial building.

   (D)   Any violation of the requirements set forth herein shall result in the immediate revocation of any permit granted pursuant to this section.

   It is the intent of this section to regulate any commercial medical marijuana transaction facilities by the following requirements:

      (1)   A commercial medical marijuana transaction facility shall only operate between 8:00 a.m. and 8:00 p.m. Monday through Saturday and 12:00 noon and 6:00 p.m. Sunday.

      (3)   Any permitted activities conducted by a commercial medical marijuana transaction facility must be done inside a fully enclosed structure or building that is kept secured with locks to prevent unintended or uninvited access.

      (4)   Persons under the age of 18 years of age are not permitted to be on the property of any commercial medical marijuana transaction facility unless they possess a valid Medical Marijuana Registry Card issued by the State of Michigan or other state.

      (6)   Any owners and/or operators of any commercial medical marijuana transaction facility who violates these sections shall be liable for all costs associated with the investigation, prosecution and enforcement of that violation.

      (1)   Any person who wished to operate any commercial medical marijuana transaction facility  shall submit an application for site plan review to the City of Burton as set forth in § 157.092,  consistent with the zoning of the property, showing required locational limitations as set forth in § 157.043(C)(7), § 157.046 (B)(5), (B)(6), (B)(7), (B)(9), and (B)(10) as they apply, shall pay a nonrefundable fee as shall be established, and from time to time be amended by resolution of the Burton City Council, and which shall include the following:

         (a)   Security system details which shall include, at the minimum, audible and silent alarms and video surveillance cameras.

         (b)   Details regarding the building electrical system, power demands of specialized lighting and other necessary equipment, and method proposed to prevent excessive heat build-up and risk of fire within the building.

         (c)   Ventilation equipment details, including fresh air intake and filtration of exhaust air to prevent offensive odors from leaving the site.

         (d)   Proposed methods for controlling insects within the building and preventing insects from becoming a nuisance or health hazard, off the site.

      (2)    Once the application is approved and within 30 days, the applicant must then submit any further documentation necessary to receive a certificate of occupancy which shall include but is not limited to building permits, inspections, and audits as deemed necessary by the Department of Public Works. At this time the applicant must also pay an annual, nonrefundable license fee as shall be established, and from time to time be amended by resolution of the Burton City Council. 

      (3)   Annual renewal of the application is required for any commercial medical marijuana transaction facility and must comply with § 157.099(E).

      (4)   All applicants must provide a copy of the State of Michigan approved operating license before certificate of occupancy can be issued.

      (5)   Any change of ownership of the property and/or facility or change of use will be considered a new application for all purposes of this ordinance, with the exception of § 157.099(F). In the case in which the existing facility has not vacated the new application will be secured from any new locational limitation.

      (1)   Within 90 days of the enactment of this ordinance, the applicant shall submit an application for site plan review to the City of Burton as set forth in § 157.099 (B)(1) - (B)(3) and the applicant must pay an annual, nonrefundable license fee as shall be established, and from time to time be amended by resolution of the Burton City Council.

      (2)   Within 90 days of the acceptance of state operating licenses in accordance with M.C.L.A. § 333.27101, the applicant must apply to the state for an operating license as appropriate for the use.

         (a)   Medical marijuana dispensary - must apply for a medical marijuana provisioning center and;

         (b)   Medical marijuana growing facility - must apply for a medical marijuana growing facility.

      (3)   Once the State of Michigan operating license is secured, a copy must be submitted to the Department of Public Works and a new certificate of occupancy may be issued.

      (4)   Any change of ownership of the property and/or facility or change of use will be considered a new application.

      (1)   Except as set forth in this ordinance, the Department of Public Works shall renew a license if all of the following requirements are met:

         (a)   The applicant submits a renewal application provided by the City of Burton and pay an annual, nonrefundable license fee as shall be established, and from time to time be amended by resolution of the Burton City Council; and

         (b)   The application is received by the city on or before the expiration date of the current approval.

      (2)   It is the sole responsibility of the applicant to apply for renewal prior to the expiration. Upon or after the date of expiration the City of Burton shall notify the applicant at the last known address on file advising them they have 30 days to apply for renewal and pay any applicable late fees and the annual non-refundable fee. Failure to renew 30 days from date notice was mailed will revoke the facilities certificate of occupancy and require any future application to be considered new.

      (3)   Renewal shall be considered 1-year from the date in which the annual fee is paid and the site plan is approved.

      (4)   In its decision on an application for renewal, the City of Burton shall consider any input from the building official, code enforcement officer, fire department and/or police department.

(Ord. 2017-7-157, passed 12-4-2017)

   The intent of this section is to ensure that any home occupation is compatible with other permitted uses in residential districts and to maintain and preserve the residential character of the surrounding neighborhood by the following requirements:

   (A)   A home occupation permit may be granted by the Department of Public Works within a single-family residential dwelling unit when a home occupations application, provided on forms furnished by the city, has been submitted subject to all of the following conditions and provided all of such conditions are agreed to by the applicant.

      (1)   No person other than members of the family residing on the premises shall be engaged in such occupation. Non-resident persons shall not be employed.

      (2)   The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the total first floor area of the dwelling unit (exclusive of an attached garage, breezeway, and enclosed or unenclosed porches) shall be used for the purposes of the home occupation and the home occupation shall be carried out completely within such dwelling. No accessory building (attached or detached) shall be used in the home occupation.

      (3)   There shall be no change in the outside appearance of the structure or premises, or other visible evidence of the conduct of such home occupation other than 1 sign that shall comply with requirements at Chapter 153;

      (4)   No home occupation shall be conducted upon or from the premises, which would constitute a nuisance or annoyance to adjoining residents by reason of noise, dust, glare, heat, smoke, fumes, odor, vibrations or electrical disturbances. There shall be no discharge of polluting materials, fluids, or gases into the ground or surface water, soil or atmosphere.

      (5)   No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood. Any need for parking generated by the conduct of such home occupation shall be provided by an off-street parking area, located in other than in a required front or side yard setback area. There shall be no deliveries to or from a home occupation with a vehicle with a rated capacity of greater than 1 ton.

      (6)   There shall be no sale of any goods manufactured elsewhere in connection with such home occupation. The outdoor storage of goods and materials shall be prohibited. No interior displays shall be visible from the exterior of a dwelling unit used for the purposes of a home occupation.

      (7)   The home occupation shall not be open to the public earlier than 8:00 a.m. or later than 8:00 p.m.

      (8)   No more than 1 home occupation per dwelling unit shall be permitted.

      (9)   No home occupation may be carried out without a valid permit issued by the Building Official. Home occupation permits shall be reviewed and obtained annually. Fees for any required reviews, public hearings and permits shall be established by resolution of the City Council.

   (B)   When in the opinion of the Zoning Administrator any proposed or existing home occupation that will not or does not currently comply with the specific items as listed in division (A) above, a home occupation application or renewal shall be submitted for review and approval through the City Planning Commission for a Special Use Permit. Home occupations reviewed and approved by the Planning Commission would be subject to compliance with the additional divisions below. The Planning Commission shall conduct a public hearing in compliance with the city's public hearing notification requirements for a Special Use Permit prior to approving or renewing a home occupation permit.

      (1)   No persons other than family members of the family residing on the premises, or up to 3 non-family members not residing on the premises, shall be engaged in such home occupation.

      (2)   No more than 2 home occupations per dwelling unit shall be permitted.

      (3)   The use of an attached or detached accessory structure shall be limited to 30% of the total first floor area of the dwelling unit exclusive of attached garages, breezeways and enclosed or unenclosed porches.

      (4)   There shall be no change in the outside appearance of the structure or premises, or other visible evidence of the conduct of such home occupation other than 1 sign that shall comply with requirements at Chapter 153;

      (5)   Home occupations approved for a Special Use Permit by the Planning Commission shall be renewed annually through the Building Department. In the event that complaints have been received by the Building Department on a home occupation, the Building Official may require an additional public hearing prior to renewal consideration by the Planning Commission. Fees for any required reviews, public hearings and permits shall be established by resolution of the City Council.

   (C)   (1)   All home occupation permits administratively approved and issued by the Zoning Administrator under division (A) above shall be forwarded to the Planning Commission within 30 days of the date of issuance. When in the opinion of the Planning Commission a home occupation may not be in compliance with the requirements of division (A), as issued by the Zoning Administrator, the Planning Commission, by a majority vote, may require that the licensee appear at the next regular scheduled meeting of the Planning Commission to address any concerns.

      (2)   After the hearing set forth in division (C) (1) above, if the Planning Commission concludes the licensee cannot, or will not, comply with all of the requirements of division (A) above, the Planning Commission may revoke an administratively approved home occupation permit.

   (D)   Home occupation approved for a Special Use Permit by the Planning Commission may be revoked by the Planning Commission after notice to the licensee at least 15 days prior to a hearing by the Planning Commission called to consider the revocation of the permit.

   It is the intent of this section to regulate any marijuana establishments by the following standards:

      (1)   A marijuana establishment shall only operate between 8:00 a.m. and 8:00 p.m. Monday through Saturday and 12:00 noon and 6:00 p.m. Sunday.

      (2)   A marijuana establishment shall comply at all times with each and every provision of the State of Michigan, Michigan Regulation and Taxation of Marihuana Act (MRTMA).

      (3)   Any permitted activities conducted by a marijuana establishment must b done inside a fully enclosed structure or building that is kept secured with locks to prevent unintended or uninvited access.

      (4)   Persons under the age of 21 years of age are not permitted to be on the property of any marijuana establishments unless they possess a valid Medical Marijuana Registry Card issued by the State of Michigan or other state the marijuana establishment is co-located with an approved medical marijuana transaction facility.

      (5)   Advertising and/or marketing for a marijuana establishment, viewed from the exterior, shall not appeal or have the effect of appealing to minors, this shall include but is not limited to signage, flyers, banners, etc. as permitted in § 153.10.

      (6)   Any owners and/or operators of any marijuana establishments who violates these sections shall be liable for all costs associated with the investigation, prosecution and enforcement of that violation.

      (7)   Unless otherwise permitted through co-location with another commercial medical marijuana transaction facility and/or marijuana establishment, no license will be approved on a property that has any other approved uses.

      (1)   Any person who wished to operate any marijuana establishments shall submit an application for site plan review to the City of Burton as set forth in § 157.092, consistent with the zoning of the property, showing required locational limitations as set forth in § 157.043(C)(10), § 157.046(B)(11) (B)(12), (B)(13), (B)(14), (B)(15), and (B)(16) as they apply, shall pay a nonrefundable fee as shall be established, and from time to time be amended by resolution of the Burton City Council, and which shall include the following:

         (a)   Security system details which shall include, at the minimum, audible and silent alarms and video surveillance cameras.

         (b)   Details regarding the building electrical system, power demands of specialized lighting and other necessary equipment, and method proposed to prevent excessive heat build-up and risk of fire within the building.

         (c)   Ventilation equipment details, including fresh air intake and filtration of exhaust air to prevent offensive odors from leaving the site.

         (d)   Proposed methods for controlling insects within the building and preventing insects from becoming a nuisance or health hazard, off the site.

         (e)   A description of the operation of the commercial marijuana establishments in sufficient detail to permit the city to determine if the operation, as described would be lawful and fully compliant with the Michigan Regulation and Taxation of Marihuana Act (MRTMA).

      (2)   Once the application is approved and within 30 days, the applicant must then submit any further documentation necessary to receive a certificate of occupancy which shall include but is not limited to building permits, inspections, and audits as deemed necessary by the Department of Public Works. At this time the applicant must also pay an annual nonrefundable license fee as shall be established, and from time to time be amended by resolution of the Burton City Council.

      (3)   Annual renewal of the application is required for any marijuana establishments and must comply with § 157.101(D).

      (4)   All applicants must provide a copy of the State of Michigan approved operating license before certificate of occupancy can be issued.

      (5)   Any change of ownership of the property and/or facility or change of use will be considered a new application for all purposes of this ordinance, with the exception of § 157.101(E). In the case in which the existing facility has not vacated the new application will be secured from any new locational limitation.

      (6)   A licensed marijuana establishment shall maintain a clearly legible sign, not less than 18 inches by 24 inches in size, and white background with black lettering in color, reading "No Loitering" at or near each public entrance. The sign shall also display the ordinance number as the following design:

 

 

   (C)   Periodic inspections. Prior to the start of operations all marijuana establishments shall submit and allow authorized city zoning and building inspection and/or law enforcement personnel to make unannounced, periodic inspections for purposes of verifying compliance with all requirements of this ordinance and section, and any reasonable conditions placed upon any special land use approval. Once operations begin, all marijuana establishments shall submit and allow authorized city zoning and building inspection and/or law enforcement personnel to make inspections in accordance with applicable codes.

      (1)   Except as set forth in this ordinance, the Department of Public Works shall renew a license if all of the following requirements are met:

         (a)   The applicant submits a renewal application provided by the City of Burton and pay an annual, nonrefundable license fee as shall be established, and from time to time be amended by resolution of the Burton City Council; and

         (b)   The application is received by the city on or before the expiration date of the current approval.

      (2)   It is the sole responsibility of the applicant to apply for renewal prior to the expiration. Upon or after the date of expiration the City of Burton shall notify the applicant at the last known address on file advising them they have 30 days to apply for renewal and pay any applicable late fees and the annual nonrefundable fee. Failure to renew 30 days from date noticed mailed will revoke the establishment's certificate of occupancy and require any future application to be considered new.

      (3)   Renewal shall be considered 1-year from the date in which the annual fee is paid.

      (4)   In its decision on an application for renewal, the City of Burton shall consider any input from the Building Official, Code Enforcement Officer, Fire Department and/or Police Department.

      (1)   It shall be unlawful on commercial or industrial property, without first obtaining a permit from the city's Zoning Board of Appeals, for any person or firm to conduct or to take part in, or for the landowner of any private land to permit upon his or her land, an establishment that allows consumption of marijuana products on the premises of a non-residential location and charges a fee for entry, sells good or services while individuals are consulting on the premises, or requires membership for entry shall acquire a temporary marijuana event license.

      (2)   Any cease of operations order issued under the provisions of this ordinance will include a penalty in an amount as established by resolution of the City Council.

      (3)   Permit for any of these activities shall be known as a "Temporary Marijuana Event Permits".

      (4)   All applications for an temporary marijuana event permits under this ordinance shall conform to the requirements set forth in the city's zoning ordinance, Chapter 157 of this code, as amended, for applications to the Zoning Board of Appeals, including form, signatures, and notice requirements, and to the rules and regulations of the Board of Appeals relating thereto. Applications must include the following:

         (a)   The address of the location where the temporary marijuana event will be held.

         (b)   The name of the temporary marijuana event.

         (c)   A diagram of the physical layout of the temporary marijuana event. The diagram shall clearly indicate all of the following:

            1.   Where the temporary marijuana event will be taking place on the location grounds.

            2.   All entrances and exits that will be used by participants during the event.

            3.   All marijuana consumption areas.

            4.   All marijuana retail areas where marijuana products will be sold.

            5.   Where marijuana waste will be stored.

         (d)   The dates and hours of operation for which the temporary marijuana event permit is being sought.

      (5)   Any permits issued by the Zoning Board of Appeals shall only be issued for a single day or up to 7 consecutive days. No temporary marijuana event permit will be issued for more than 7 days.

      (6)   The applicant must secure approval from the Zoning Board of Appeals before a written attestation will be authorized to the State of Michigan. It is the applicant's sole responsibility to ensure the deadlines for applications are met.

(Ord. 2019-10-157, passed 9-16-2019)

      (1)   Temporary roadside stands.

      (2)   Seasonal sales.

      (3)   Sidewalk sales.

      (4)   Special events.

      (5)   Mobile food vending.

      (1)   No temporary use shall be built, erected, or operated on the highway right-of-way nor so close thereto as to encourage or promote the use of the highway right-of-way for parking or standing of customers. All temporary uses shall provide adequate off-street parking areas which shall be readily accessible from the highway abutting thereto.

      (2)   The premises shall be kept in a clean and sanitary condition at all times.

      (3)   Temporary uses must have written permission of the owner of the property.

      (4)   The principal use of the property must still be able to accommodate the parking requirements for that use.

      (5)   All temporary uses shall obtain a permit from the city's Department of Public Works upon submission of an application for such a permit unless specifically stated exempt in this chapter.

      (6)   Applications for temporary use permits must be submitted on a form approved by the Department of Public Works not less than 15 days prior to the intended set up date. Must include a drawing of all items to be located on the property for the purpose of the use.

      (7)   A permit fee in the amount as set by the City Council, and amended by resolution from time to time shall be paid at the time of the submission of the application, and a clean-up fee in the amount as set by the City Council, and amended by resolution from time to time shall be paid at the time of approval of the permit. The clean-up fee shall be refundable in whole or in part in the event the permittee returns the premises to its original condition at the conclusion of the activities. The fees established in this subsection may be amended from time to time by resolution of the City Council. Any violation notice enforcement will be deducted from the cleanup bond before the refund is released, but shall not preclude any other recovery by the city for violation or damages arising therefrom.

      (8)   Any person, firm or organization may appeal either the necessity of posting a bond, or the amount of the bond required by the city's Department of Public works directly to the Burton City Council, which shall have the authority to reduce or eliminate the bond upon good cause shown.

      (1)   Temporary roadside stands as follows:

         (a)   Tents, stand, truck, or other are permitted in connection with any permitted, accessory, temporary or special use with the following requirements:

            1.   No permit will be issued for more than 10 consecutive days for the temporary use from the date of sale as specified on the permit, unless as approved by the Planning Commission as part of a special land use permit.

            2.   No enclosure shall be allowed to remain for a period of more than 15 consecutive days from the date of sale as specified on the permit, unless as approved by the Planning Commission as part of a special land use permit.

         (b)   All enclosures shall comply with the bulk, space and setback requirements applicable to accessory uses pursuant to the Zoning Ordinance.

         (c)   Items to be presented must be new and prepackaged at a separate location.

      (2)   Seasonal sales as follows:

         (a)   Such sales shall be limited to a period not to exceed 30 consecutive days, including set up and take down of any enclosures and materials.

         (b)   Plant displays need not comply with the setback requirements of the Zoning Ordinance.

         (c)   All refuse or debris resulting from such sales shall be wholly contained on the premises and removed from the premises after the end of the sale.

      (3)   Sidewalk sales as follows:

         (a)   Tents, trailers and other temporary structures are not permitted and no sales or display of merchandise is permitted in the parking lot.

         (b)   Sidewalk sale merchandise may only be located on the sidewalk directly in front of the store having the sale.

         (c)   Display of items for sale shall not impede foot traffic. A path of 4-feet wide shall be reserved for pedestrians.

         (d)   Sales may not exceed 2 consecutive weeks in duration. Two sidewalk sales are permitted per calendar year for the commercial property.

         (e)   Flammable or hazardous items are prohibited.

      (4)   Special events, as follows: All approved special events as defined in § 157.006 shall be exempt from additional permitting as long as the temporary use is in conjunction with the event and approved by the designated event sponsor, including but not limited to, location, dates and times.

      (5)   Mobile food vending, as follows:

         (a)   The provisions of this ordinance apply to mobile food vehicles engaged in the business of cooking, preparing and distributing food or beverage with or without charge upon or in public and private restricted spaces. This ordinance does not apply to vehicles which dispense food and that move from place to place and are stationary in the same location for no more than 15  minutes at a time, such as ice cream trucks, or food vending pushcarts and stands located on sidewalks.

         (b)   Permit application shall include the following:

            1.   Name, signature, phone number, email contact and business address of the applicant.

            2.   A description of the preparation methods and food product offered for sale including the intended menu.

            3.   Information on the mobile food vehicle to include year, make and model of the vehicle and dimensions, which shall not exceed 30 feet in length and 10 feet in width.

            4.   Information setting forth the proposed hours of operation, area of operations, plans for power access, water supply and wastewater disposal.

            5.   Copies of all necessary license or permits issued by the Genesee County Health Department, including a copy of the "letter of intent" provided to Genesee County.

         (c)   All mobile food vehicle vendors shall offer a waste container for public use which the vendor shall empty at its own expense. All trash and garbage originating from the preparation of mobile food vehicles shall be collected and disposed of off-site by the operators each day. Spills of food or food by-products shall be cleaned up, and no dumping of gray water on the street is allowed.

         (d)   Mobile food vendors shall comply with the city's noise ordinance, sign ordinance and all other city ordinances.

         (e)   A vendor shall not operate a mobile food vehicle within 500 feet of any fair, festival, special event or civic event that is licensed or sanctioned by the city unless the vendor has obtained permission from the event sponsor.

         (f)   No permit will be issued for more than 10 consecutive days for the mobile food vending from the date of sale as specified on the permit, unless as approved by the Planning Commission as part of a special land use permit.

(Ord. 2020-1-157, passed 5-1-2020)