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

(Ord. No. 401, § 1800, 5-2-2005)

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

(Ord. No. 401, § 1801, 5-2-2005)

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

(1)

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

(2)

Accessory buildings shall not be erected in any minimum side yard setback nor in any front yard.

(3)

An accessory building shall not occupy more than 25 percent of a required rear yard, provided that in a residential district the total lot coverage of the accessory building shall not exceed the ground floor area of the main building. Accessory buildings shall not exceed 14 feet in total height.

(4)

No detached accessory building shall be located closer than ten feet to any main building nor shall it be located closer than eight feet to any side or rear lot line to the exterior wall of the structure.

(5)

No more than one attached or detached accessory building shall be permitted for each lot, excluding garages, either attached or detached.

(6)

Dwelling units with attached garages may be allowed not more than one detached accessory building not to exceed 250 square feet in total area. Dwelling units without an attached garage may be allowed not more than one detached accessory building not to exceed 790 square feet in total area. On a parcel of one acre or more, no detached accessory building shall exceed 1,500 square feet.

(7)

When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building shall not project beyond the front yard setback required on the lot to the rear of such corner lot. In no instance shall an accessory building be located nearer than ten feet to a street right-of-way line.

(8)

A detached accessory building, when located on the same or adjoining lot, shall not involve any business, profession, trade or occupation.

(9)

Side walls may not exceed eight feet in height. Accessory buildings shall not exceed 14 feet in total height.

(10)

All structures must meet the building construction type of manufactured wood or steel and cannot consist of vinyl, plastic, or canvass material for the primary construction covering for the exterior walls and/or roofs.

(11)

Any and all said structures, canopies, pop-up canopies and/or shelters must within 60 days from the effective date of [Ordinance No. 472] be removed or be in compliance with all of the terms and provisions of section 44-502 regarding accessory buildings.

(12)

Failure to receive from the city all of the required permits and approvals for an accessory building, and to comply with the provisions regarding accessory building will be deemed a violation of section 44-654.

(Ord. No. 401, § 1802, 5-2-2005; Ord. No. 454, § 1, 10-20-2014; Ord. No. 472, § 1, 10-7-2019)

(a)

All outdoor lighting in all use districts used to light the general area of a specific site shall be shielded to reduce glare and shall be so arranged as to reflect lights away from all adjacent residential districts or adjacent residences.

(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 said 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 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.

(Ord. No. 401, § 1803, 5-2-2005)

In all residential districts, so-called entranceway structures, including, but not limited to, walls, columns, and gates marking entrances to single-family subdivisions or multiple housing projects, may be permitted and may be located in a required yard, except as provided in section 44-506, Corner clearance, provided that such entranceway structures shall comply to all codes of the city and shall be approved by the building department and a permit issued.

(Ord. No. 401, § 1804, 5-2-2005)

Garage (yard, porch, rummage, basement, estate, etc.) sales are permitted as an accessory use to any attached or detached single-family residence, provided that any one garage sale does not last more than three days and only two garage sales are permitted per residence per year. A permit must be purchased from the city and must be attached to the premises of the garage sale. No signs advertising a garage sale or similar activity shall be placed upon public property. A sign advertising a garage sale is permitted to be placed upon private property with the consent of the owner of the said property. All signs must conform to the city off-premises sign ordinance.

(Ord. No. 401, § 1805, 5-2-2005)

No fence, wall, shrubbery, sign or other obstruction to vision above a height of two feet from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines at a distance along each line of 25 feet from their point of intersection.

(Ord. No. 401, § 1806, 5-2-2005)

(a)

For those use districts and uses listed below, there shall be provided and maintained on those sides abutting or adjacent to a residential district an obscuring wall or fence as required below (except otherwise required in subsection (d) of this section):

(b)

Required walls or fences shall be located on the lot line except where underground utilities interfere and except in instances where this chapter requires conformance with front yard setback lines in abutting residential districts. Upon review of the site plan, the planning commission may approve an alternate location for the wall or fence or may waive the wall requirement if in specific cases it would not serve the purpose of screening the parking area effectively. Required walls may, upon approval of the board of appeals, be located on the opposite side of an alley right-of-way from a nonresidential zone that abuts a residential zone when mutually agreeable to affected property owners. The continuity of the required wall on a given block will be a major consideration of the board of appeals in reviewing such request.

(c)

Such walls or fences and screening barrier shall have no openings for vehicular traffic or other purposes, except as otherwise provided in this chapter 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 zoning administrator to be durable, weather resistant, rust proof and easily maintained. Masonry walls may be constructed with openings which do not in any square section (height and width) exceed 20 percent of the surface. Where walls are so pierced, the openings shall be so spaced as to maintain the obscuring character required, and shall not reduce the minimum height requirement. The arrangement of the openings shall be reviewed and approved by the zoning administrator.

(d)

The requirement for an obscuring wall or fence between off-street parking areas, outdoor storage areas, and any abutting residential district shall not be required when such areas are located more than 200 feet from such abutting residential district.

(e)

The board of appeals may waive or modify the foregoing requirements where cause can be shown that no good purpose would be served, provided that in no instance shall a required wall be permitted to be less than four feet in height, except where this section applies.

(f)

In consideration of request to waive wall requirements between nonresidential and residential districts, the board shall refer the request to the planning commission for a determination as to whether or not the residential district is considered to be an area in transition and will become nonresidential in the future.

(g)

In such cases as the planning commission determines, the residential district to be a future nonresidential area, the board may temporarily waive wall requirements for an initial period not to exceed 12 months. Granting of subsequent waivers shall be permitted, provided that the planning commission shall make a determination as hereinafter described, for each subsequent waiver prior to the granting of such waiver by the board.

(Ord. No. 401, § 1807, 5-2-2005)

Fences are permitted or required, subject to the following:

(1)

Fences on all lots of record in all residential districts which enclose property or are within a required side or rear yard, shall not exceed six feet in height, measured from the surface of the ground, 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.

(2)

Recorded lots having a lot area in excess of two acres and a frontage of at least 200 feet, and acreage or parcels not included within the boundaries of a recorded plat, in all residential districts, are excluded from these regulations.

(3)

Fences shall not contain barbed wire, electric current or charge of electricity.

(4)

Fences which enclose public or institutional parks, playgrounds, or public landscaped areas, situated within an area developed with recorded lots shall not exceed eight feet in height, measured from the surface of the ground, and shall not obstruct vision to an extent greater than 25 percent of their total area.

(5)

Decorative or ornamental fences such as, but not limited to, split rail or picket fences no higher than 36 inches from grade are permitted in the front yard.

(6)

The property owner erecting the fence is responsible for maintaining both sides of the fence.

(7)

If there is a good side to the fence, it shall be situated so as to face the neighbor's residence.

(Ord. No. 401, § 1808, 5-2-2005)

No lot shall be used for any purpose permitted by this chapter unless said lot abuts a public street the width of the minimum lot width in the district it is located in or unless this chapter otherwise provides such as in the case of permitted access drives as outlined in article XXIV of this chapter.

(Ord. No. 401, § 1809, 5-2-2005)

For uses making reference to this section, vehicular access shall be provided only to an existing or planned major thoroughfare, or collector street; provided, however, that access driveways may be permitted to other than a major thoroughfare, or collector street where such access is provided to a street where the property directly across the street from such driveway and the major thoroughfare or collector street is zoned for multiple-family use or any nonresidential uses, is developed with permanent uses other than single-family purposes in the future. This exception shall only apply if the planning commission finds that there are special circumstances which indicate that there will be a substantial improvement in traffic safety by reducing the number of driveways to a thoroughfare.

(Ord. No. 401, § 1810, 5-2-2005)

(a)

Any mobile home shall be placed on a concrete slab (wire meshed) which extends at least six inches above the outside dimensions of the mobile home. This slab shall be at least four inches thick on sandy soil or six inches thick on clay soil. The mobile home shall be anchored to this slab in compliance with mobile home manufacturer's specs.

(b)

Any premanufactured or precut residential structures shall be supported and attached agreeable to the state construction code.

(c)

For residences without basements, a masonry skirting, brick or concrete blocks shall be erected between the slab and lower edge of any home on all sides and shall be sufficiently vented. An access panel of sufficient size to allow full access to utility hook-ups shall be installed in the rear section of the masonry skirting.

(d)

Permanently attached steps or a porch shall be constructed where an elevation differential requires same.

(e)

Any mobile home shall bear the Michigan State Construction Inspection Seal.

(f)

The minimum ceiling height shall be 7.5 feet.

(g)

The minimum width of any exterior side shall be 20 feet.

(h)

There shall be no exposed wheels, towing mechanism, undercarriage or chassis.

(i)

The dwelling shall be connected to public water and sewer as provided by local ordinance.

(j)

Any single-family mobile home residence shall be constructed to be compatible aesthetically and in design with other single-family structures within a 300-foot radius of it. Characteristics used in comparing compatibility shall include roof pitch, roofing and siding material, length of eaves and location and arrangement of windows, doors and porches. A dwelling may be approved as aesthetically compatible in design and appearance to homes in the neighborhood in which it is located, even if all of the above conditions do not exist, provided that the dwelling or site has other design features that make it compatible.

(k)

There shall be no additions of any less quality construction than the original construction.

(l)

The dwelling shall comply with all building and fire codes including those pertaining to newly manufactured mobile homes or other homes and such other standards as may be hereafter developed.

(m)

The foregoing standards shall not apply to mobile homes located within a mobile home park.

(Ord. No. 401, § 1811, 5-2-2005)

(a)

The term "recreational vehicle" means vehicles, whether or not motorized, used primarily for recreational purposes including motor homes, campers, trailers, jet skis, boats, snowmobiles, buses and trailers used to transport the same or similar vehicles.

(b)

The term "trailer" means any wheeled vehicle, with or without motor power, that may be drawn over the roadway by a motor vehicle, including camping trailers, utility trailers and boat trailers.

(c)

The term "bus" means any motor vehicle designed for carrying more than 15 passengers including the driver and used for the transportation of persons.

(d)

Recreational vehicle, trailer or bus parked in an RA-1 or RA-2 district shall be parked off of public streets in the following locations:

(1)

Inside an accessory building;

(2)

On gravel or other all-weather surface; or

(3)

In the front yard on a driveway. Front yard means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building,

(e)

Recreational vehicle, trailer or bus parked on public streets in RA-1 or RA-2 districts shall be issued a written warning by officers of the Caro Police Department. If the recreational vehicle is not moved off of the public street within 48 hours after the said written warning, then said recreational vehicle shall be towed. The owner shall be responsible for payment for the towing and storage of the recreational vehicle trailer or bus. If the recreational vehicle, trailer or bus is moved prior to the expiration of said 48 hour written warning and is later parked on the public street again, then the initial warning shall still be in effect and the recreational vehicle, trailer or bus shall still be towed. The warning is valid for one year after the date of the initial warning. In addition to being responsible for the costs associated with towing and storage, the owner shall also be responsible for a $100.00 fine to be paid to the city within 14 days if the recreational vehicle, trailer or bus is not removed within the said 48 hour period. Each additional violation within one year of the date of the initial warning will result in an increasing fine of multiples of $100.00 equal to the number of violations ($200.00 for the second violation, $300.00 for the third violation, etc.) Failure to pay said fine within said 14 days will be deemed to be a violation and subject the owner to penalties as set forth in section 44-654.

(f)

Recreational vehicles, trailers or buses shall not be used as living quarters for a period exceeding 14 days within any 90 day period.

(g)

On each lot or contiguous lot(s) there shall be not more than a total of three recreational vehicles, trailers or buses in any combination thereof.

(Ord. No. 401, § 1812, 5-2-2005; Ord. No. 456, § 1, 11-17-2014; Ord. No. 473, § 1, 10-7-2019)

(a)

Dumpsters are required for all developments other than single-family residential. All dumpsters shall be located in trash enclosures placed at the rear of a site, in an area obscured from adjacent properties and thoroughfares and shall meet the following requirements:

(1)

Trash enclosures shall be six feet high and shall be gated and screened in a manner consistent with the color and materials on the building(s).

(2)

Trash enclosures in any residential, office and commercial zoning districts shall be constructed of decorative masonry to match the building.

(3)

For all uses, the trash receptacle area shall be screened at the opening with a six-foot high metal-framed wood screening gate.

(b)

Where the planning commission determines that the type of operation does not necessitate a dumpster, the commission may vary the requirements of this section to facilitate the trash storage needs of the development.

(c)

No dumpster shall be allowed within the front yard.

(d)

If no dumpster is required or needed for a proposed use, this shall be noted on any site plan.

(e)

Bollards will be required to protect the structure.

(f)

All trash enclosures shall have a six-inch reinforced concrete floor and apron.

(Ord. No. 401, § 1813, 5-2-2005)

(a)

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

Anemometer means a temporary wind speed indicator constructed for the purpose of analyzing the potential of utilizing a wind energy system at a given site.

On-site use wind energy system means a wind energy system that is intended to primarily serve the needs of the consumer. This system may be connected to the electric utility grid.

Roof-mounted wind energy system means a wind energy system that is intended to primarily serve the needs of the consumer and is installed on a building roof. This system may be connected to the electric utility grid.

Utility grid wind energy system means a wind energy system that is designed and built primarily to provide electricity to the electric utility grid.

Wind energy system means a system that converts wind energy into electricity through the use of a wind turbine generator and includes the turbine, blades, and tower or roof mount pedestal.

(b)

General requirements in all zoning districts.

(1)

Utility grid wind energy system. Utility grid wind energy system is not a permitted use.

(2)

Anemometer. Installation of an anemometer is not a permitted use.

(3)

On site use and roof mounted wind energy system. On site use and roof mounted wind energy systems are a permitted use in B-1, B-2, I-1, I-2, OS-1, RA-1, RA-2, RB, RC, and all overlay zones.

(4)

Noise. Sound pressure levels shall not exceed 50 dB(A) at the property line closest to the wind energy system.

(5)

Setback. The base of the tower shall be set back one times the height of the tower including the top of the blade in its vertical position from the nearest property line and to any overhead utility wire. In addition, no part of the wind energy system structure, including guy wire anchors, may extend closer than ten feet to the nearest property line. In the case of a roof mounted wind energy system, the base of the pedestal mounted to the roof shall be set back 1½ times the height of the pedestal and unit including the top of the blade in its vertical position from the nearest property line and to any overhead utility wire.

(6)

Codes and standards. Wind energy systems shall comply with all applicable construction and electrical codes and local building permit requirements. Wind energy systems shall comply with Federal Aviation Administration requirements, the Michigan Tall Structures Zoning Act, and local jurisdiction airport zoning ordinances. On site wind energy systems that are connected to the electric utility grid shall comply with Michigan Public Service Commission and utility interconnection requirements.

(7)

Safety. Wind energy systems shall have an automatic braking, governing, or a feathering system to prevent uncontrolled rotation or over speeding. All wind energy systems shall have lightning protection. If a tower is supported by guy wires, the wires shall be clearly visible to a height of at least six feet above the guy wire anchors. The minimum vertical blade tip clearance from grade shall be 20 feet.

(8)

Wiring. All wiring between the tower and the building being serviced shall be located underground.

(c)

Residential and B-1 districts. A tower mounted on site use wind energy system may only be located in a rear yard. A roof-mounted on-site wind energy system may not be located on the front side of the main residence roof.

(d)

Special land use. A special land use permit shall be required for all zoning districts for an on site use wind energy system with a height of more than 60 feet including the top of the blade in its vertical position.

(Ord. No. 427, §§ A—D, 9-8-2008)

(a)

The provisions of this section apply to residential properties within the city which is defined as any property which has been or can be used as a dwelling for any person or persons.

(b)

Shipping containers that are or have been used for shipping on a railroad, ship/boat, or road truck are strictly prohibited, at any time and for any amount of time.

(c)

A storage container that is rented from a vendor that rents the containers strictly for temporary storage of household goods and is constructed and built primarily for the rental industry shall be allowed for a period not to exceed 30 days in any time span of twelve months on a revolving calendar.

(d)

All allowed rental containers must be placed on the front driveway of any property.

(e)

A rental container shall not qualify as an accessory building or garage, and shall never be allowed to house humans or animals of any sort for any amount of time.

(f)

A person, corporation or entity that has a shipping container presently existing on residential property prior to the effective date of [the ordinance from which this section derives] shall have 60 days after notification in writing by the code enforcement officer to remove said shipping container to comply with the terms of this section.

(g)

Failure to comply with said written notice will be deemed to be a violation of section 44-654.

(Ord. No. 474, § 1, 10-7-2019)

(a)

Sidewalks may be required when a project is required to conduct a site plan review. Sidewalks shall be required by the planning commission on one or both sides of the street or road in consideration of factors such as the density of development, age characteristics of the expected residents, expected traffic volumes along the street, proximity to other sidewalk systems and proximity to schools, parks and public institutions.

(b)

Sidewalks shall be installed by the developer within the dedicated street right-of-way, private road access easements or special easement where grades or other factors prevent placement within the right-of-way or access easement.

(c)

Sidewalks constructed shall be five feet in width and constructed to be consistent with the City of Caro sidewalk requirements in chapter 32 of the Code of Ordinances and City of Caro Engineering Standards.

(Ord. No. 482, 8-16-2021)