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 law or ordinance shall govern. This provision shall not apply to mobile home parks which are regulated in accord with Public Act 96 of 1987, being M.C.L.A. §§ 125.2301 et seq., as amended.

(1993 Code, § 82-451) (Ord. passed 10-12-1992)

   No building or structure, or part thereof, shall 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.

(1993 Code, § 82-452) (Ord. passed 10-12-1992)

   (A)   Intent.

      (1)   Within the districts established by this chapter or amendments that may later be adopted there exist lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment.

      (2)   It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

      (3)   A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

      (4)   It is further recognized that certain nonconforming uses and structures do not significantly depress the value of nearby properties and are not contrary to the public health, safety and welfare and that such use or structure was lawful at the time of its inception and that no useful purpose would be served by the strict applications of requirements for nonconformities under this chapter and, therefore, 2 classes of nonconforming use and structure are designated, being class A and class B.

      (5)   To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. Actual construction is defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved and provided further that all work shall be done pursuant to a valid permit.

   (B)   Class A nonconforming uses or structures. Those nonconforming uses or structures which have been designated by the Planning Commission, after hearing, as class A, providing findings that the following conditions exist with respect to the use or structure.

      (1)   The use or structure was lawful at its inception.

      (2)   Continuance of the use or structure does not significantly depress property values of nearby properties.

      (3)   Continuance of the use or structure would not be contrary to the public health, safety or welfare or the spirit of this chapter.

      (4)   An improvement to an existing nonconforming condition will result.

      (5)   No useful purpose would be served by strict application of the provisions of this chapter with which the use or structure does not conform.

   (C)   Class A conditions. The decision to grant a class A designation shall be made in writing, setting forth the findings and reasons on which it is based. Conditions may be attached, including time limits where deemed necessary to assure the use or structure does not become contrary to the public health, safety or welfare or the spirit and purpose of this chapter and further to assure that at least the following standards are met.

      (1)   Screening and landscaping should be provided in keeping with community standards to provide compatibility with adjacent uses.

      (2)   Effects which may have a negative impact such as lighting, noise or visual impact should be minimized.

      (3)   Where such use is in close proximity to homes, parking should not be permitted to utilize curb side parking to an extent greater than the immediate property frontage of the nonconforming use.

      (4)   New signage should meet zoning district requirements. Existing nonconforming signs may be required to be eliminated or reduced in size and number as the Commission may, in its judgment, determine.

      (5)   The exterior building materials utilized in any alteration to the building shall be harmonious with materials on abutting properties whenever practical.

      (6)   Enlargement of a building may be allowed provided such enlargement does not create a more nonconforming yard setback condition which would impact on conforming properties in the immediate vicinity.

      (7)   The Commission may require such other safeguards and improvements as it may deem necessary to protect conforming uses in the surrounding area.

   No class A nonconforming use or structure shall be resumed if it has been discontinued for 6 consecutive months or 18 months in any 3-year period. No class A nonconforming use or structure shall be used, altered or enlarged in violation of any condition imposed in its designation.

   (D)   Revocation of class A designation. Any class A designation shall be revoked, following the same procedure required for designation, upon a finding that as a result of any change of conditions or circumstances the use or structure no longer qualifies for class A designation.

   (E)   Class B nonconforming uses or structures. All nonconforming uses or structures, not designated class A, shall be class B nonconforming uses or structures. Class B nonconforming uses and structures shall comply with all the provisions of this chapter relative to nonconforming uses and structures. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

   (F)   Reactivation of discontinued nonconforming use or structure. A nonconforming use of land or structure which is discontinued or ceases to exist as specified in subsections (H)(3) and (J)(5) of this section may be reinstated as a class A nonconforming use or structure by the Planning Commission after hearing and after finding that the following conditions exist or will be met with respect to the use or structure.

      (1)   The proposed use will be the same type of use as the previous use which occupied the property or a new use which is no more intensive than the previous use. Example: In a residential zone a business use allowed in a B-1 Local Business District exists, such use may be replaced by another B-1 use or a higher use such as an OS-1 or RM use but shall not be replaced by a more intense use such as those allowed in a B-2, B-3, CBD or Industrial District.

      (2)   That conditions specified in subsections (B)(2) through (4) of this section will be complied with.

      (3)   A determination shall be made by the Planning Commission that the use or structure will be a blighting influence on the neighborhood if not allowed to be occupied.

   (G)   Nonconforming lots. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance to yard requirements may be obtained through the Board of Appeals.

   (H)   Non conforming uses of land. Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions.

      (1)   No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.

      (2)   No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.

      (3)   If such nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

   (I)   Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.

      (1)   No such structure may be enlarged or altered in a way which increases its nonconformity. Such structure may be enlarged or altered in a way which does not increase its nonconformity.

      (2)   Should such structure be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

      (3)   Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

      (4)   Should such structure be a pre-existing porch or deck, and provided that the structure's footprint remains the same or is made smaller, it may be replaced due to age or structural issues.

   (J)   Nonconforming uses of structures and land. If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions.

      (1)   No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

      (2)   Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

      (3)   If no structural alterations are made, any nonconforming use of a structure, or structure and land in combination, may be changed to another nonconforming use of the same or a more restricted classification, provided the use is equally appropriate or more appropriate to the district than the existing nonconforming use. Where a nonconforming use of a structure, land, or structure and land in combination is changed to a more conforming use, it shall not thereafter be changed to a less conforming use.

      (4)   Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

      (5)   When a nonconforming use of a structure, or structure and premises in combination, is discontinued or ceases to exist for 6 consecutive months or for 18 months during any 3 year period, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses shall be excepted from this provision.

      (6)   Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

   (K)   Repairs and maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 50% of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.

      (1)   Uses under exception provisions not nonconforming uses. Any use for which a general exception or conditional use approval is required as provided in this chapter shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district.

   (M)   Change of tenancy or ownership. There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures or structures and land in combination.

   (N)   Applications for temporary use permits. Businesses located in OS-1, B-l, B-2, B-3 and CBD Districts and churches, wherever located, within the corporate limits of the city, may make applications for temporary use permits where they desire to promote business sales which would normally be prohibited in their zoning district. Such application may only be made where the sales promotion bears a reasonable relationship to the business normally permitted in that district. The Planning Commission shall determine whether the lawful business bears a reasonable relationship to the prohibited business for which a special use permit is sought. Where the Planning Commission decides that such a reasonable relationship exists, it may grant a temporary use permit, provided:

      (1)   The principal use has previously been granted site plan approval;

      (2)   The principal use is in compliance with all current city zoning regulations;

      (3)   The temporary use does not create a public safety problem as determined by the Police Department;

      (4)   The temporary use does not exceed 30 days;

      (5)   Commitment is made to restore any lawn areas where temporary use may have taken place;

      (6)   Adequate parking would remain available for the building for the principal use;

      (7)   A zoning officer finds the application would not impair the health, safety, and welfare of the general public.

   In conjunction with a temporary use permit, 1 sign not to exceed 20 square feet will be allowed and may be placed on the front or side yard setback, provided that it does not interfere with public safety as determined by the Police Department. Upon approval of the Planning Commission and the applicant meeting all of the conditions of approval, the Building Official is authorized to execute a temporary use permit.

(1993 Code, § 82-453) (Ord. passed 10-12-1992; Ord. passed 1-11-1999(1); Ord. passed 4-9-2007(1))

   Accessory buildings, structures and uses, except as otherwise permitted in this chapter, 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 yard regulations of this chapter applicable to main buildings.

   (B)   Accessory buildings shall not be erected in any minimum side or front yard setback.

   (C)   A building accessory to a residential building may occupy not more than 25% of required rear yard, provided that in no instance shall the accessory building exceed 100% of the ground floor area of the main building. On a corner lot all of the land to the rear of the house may be utilized in the computation of percent of lot coverage for accessory buildings.

   (D)   A detached building accessory to a residential building shall not be located closer than ten feet to any main building nor shall it be located closer than five feet to any side or rear lot line. In those instances where the rear lot line is coterminous with an alley right-of-way, the accessory building shall be no closer than one foot to such rear lot line. In no instance shall an accessory structure be located within a dedicated easement right-of-way.

   (E)   No detached accessory structures in the R-1, R-2, RT, RM-1, RM-2, MH, OS-l, B-1 and P-1 Districts shall exceed 18 feet in height; provided, however, when the detached accessory building is located in a rear yard with a ground elevation lower than that of surrounding the primary residential structure, the height of the accessory building may be measured from a plane parallel to the first floor of the primary residential structure. Accessory structures in all other districts may be constructed to equal the permitted maximum height of structures in such districts.

   (F)   In no case shall a residential accessory structure have a flat, level roof. All accessory structure roofs must be sloped to allow water drainage.

   (G)   Temporary carport and storage structures, whether manufactured or home-built, shall adhere to all requirements of § 82-545 for detached accessory structures. Permits for temporary carports and storage structures are limited to a period of two years, and said temporary carport or storage structure shall be removed upon expiration. Temporary carport and storage structures shall be securely fastened to ground in a manner sufficient to prevent its detachment due to wind or weather.

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

   (I)   Accessory buildings and structures shall be designed and constructed to be compatible with the design and construction of the principal building on the site. Design elements that should be considered in determining compatibility include: exterior building material (which need not be identical to the principal building but compatible in appearance), roof style and pitch, architectural style, and color.

   (J)   The provisions concerning the size and height in this section shall not apply to accessory buildings on a farm (such as barns and silos).

   (K)   Wireless transmission antennas and towers are subject to the following the requirements of § 82-459.

      (1)   A maximum height limit of 60 feet for towers and antennas is permitted in residential districts.

      (2)   No maximum height limit is required in nonresidential districts.

      (3)   In all districts a tower or antenna shall be located on the parcel or lot in such manner that the base of the tower or antenna is set back from all property lines not less than the height of the tower or antenna.

   (L)   Recreational equipment owned by residents of the city may be stored on their individual lots in accordance with the provisions of this section.

      (1)   All recreational equipment parked or stored shall not be connected to sanitary facilities; and shall not be occupied, except as provided in subsection (a) of this section.

         (a)   In any residential district it shall be lawful for only nonpaying guests at a residence to occupy a single recreational vehicle for a period not exceeding 72 hours. The total number of days during which recreational vehicles may be occupied under this subsection shall not exceed 10 in any calendar year on the premises of a dwelling unit.

      (2)   Recreational equipment shall be maintained in a clean, well-kept state so as not to detract from the appearance of the surrounding area. A suitable, securely fastened weatherproof cover shall be placed on all boats whenever stored outside. In lieu of a cover, canoes and rowboats may be stored such that they do not collect and retain rainwater. Snowmobiles, ATV’s, personal watercraft and similar vehicles shall be stored under a suitable, securely fastened weatherproof cover, or stored within an enclosed trailer.

      (3)   Recreational equipment shall be operable and shall have a current license or registration when applicable.

      (4)   Recreational equipment stored on residential lots may be parked in the following manner:

         (a)   Inside any enclosed structure.

         (b)   Outside in the rear yard on an improved surface (gravel, asphalt or concrete), no closer than five feet to any side or rear lot line, and no closer than ten feet to the primary residential structure.

         (c)   Outside in the side yard on an improved surface (gravel, asphalt or concrete), no closer than five feet to any side or rear lot line, and no closer than ten feet to the primary residential structure, and provided such parking shall be behind the front face of the primary residential structure.

         (d)   Outside on the front driveway or improved surface directly adjacent to the front driveway, provided that the vehicle is no closer than 15 feet to the front lot line. The provisions of § 82-454(L)(4)(c) do not apply to recreational equipment stored under the provisions of this section.

         (e)   Notwithstanding the provisions of this section, a recreational vehicle may be parked anywhere on the premises, or within a public right-of-way area where street parking is permitted, during active loading or unloading.

         (f)   The combined area covered by the dwelling, accessory structures, and the area covered by the outside storage of such units shall not exceed 40% of the net lot area.

      (5)   The provisions of this section shall not apply to recreational equipment officially designated for barrier-free use in accordance with state law, and used as the regular means of transportation by or for a handicapped person.

   (M)   A resident of a dwelling unit may have not more than one motorized vehicle for sale on the site of such dwelling unit at any time and in no instance shall vacant residential lots or parcels be utilized for the sale of vehicles. A resident may conduct minor automobile repairs of vehicles of the resident such as oil changes and tune ups between the hours from sunrise to sunset on the property of the resident’s dwelling unit; however, in no instance shall a resident repair the vehicle of other than a resident of the dwelling unit on such property. The sale of vehicles from a residential property shall not exceed two vehicles in any one year for a period not to exceed two weeks in any one year.

   (N)   Freestanding solar panels shall be considered an accessory building and shall be subject to the requirements for such, together with all other applicable building codes and ordinances.

   (O)   Wind generators may be permitted in rear yards when the following conditions are met.

      (1)   The highest point of any portion of the generator shall not exceed 35 feet above the average grade of the lot.

      (2)   The generator device shall be placed no closer to any side or rear lot line than the total distance between the grade of the lot at the base of the tower and the highest point of any portion of the generator.

      (3)   The maximum diameter formed by a circle encompassing the outermost portions of the blades or other wind activated surfaces shall not exceed 30% of the distance between the ground and the highest point of any portion of the wind generator. The generator shall be so located that no portion of the structure would penetrate the vertical plane of any adjacent property line if it were to topple over in its normally assembled configuration.

      (4)   The construction of the tower, blades, base structure, accessory building and wiring shall meet all applicable local building codes and ordinances.

   (P)   In all office, service and business districts, rooftop equipment and apparatus shall be screened from ground level by being housed in a penthouse or structure constructed of the same type of building materials used in the principal structure or by building design.

(1993 Code, § 82-454) (Ord. passed 10-12-1992; Ord. passed 3-13-2000; Ord. passed 11-12-2002(2); Ord. passed 1-13-2003(2); Ord. 2014-04, passed 9-8-2014; Ord. 2018-01, passed 10-8-2018)

   There shall be provided in all districts, at the time of erection or enlargement of any main building or structure, automobile off-street parking space, with adequate access to all spaces. The number of off- street parking spaces in conjunction with all land or building uses shall be provided, prior to the issuance of a certificate of occupancy, as prescribed in this section.

      (1)   The provisions of this section shall not apply to mobile home parks. Mobile Home Commission Rules 920, 925 and 926 shall apply to all mobile home courts.

      (2)   Off-street parking spaces may be located within a rear yard or within a side yard which is in excess of the minimum side yard setback unless otherwise provided in this chapter. Off-street parking shall not be permitted within a front yard nor within a minimum side yard setback unless otherwise provided in this chapter.

      (3)   Off-street parking for other than residential use shall be either on the same lot or within 300 feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot. Ownership shall be shown of all lots or parcels intended for use as parking by the applicant.

      (4)   Residential off-street parking spaces shall consist of parking strip, driveway, garage, or a combination thereof and shall be located on the premises they are intended to serve. In R-1, R-2 and R-T residential zones, parking is not permitted in a front yard except on an improved driveway with a concrete, asphalt, gravel or stone surface. Such driveway shall not utilize more than 35% of the front yard.

      (5)   In all districts except the CBD Central Business District, any area once designated as required off-street parking shall not be changed to any other use unless and until equal facilities are provided elsewhere.

      (6)   In all districts except the CBD Central Business District, off-street parking existing at the effective date of this chapter in connection with the operation of an existing building or use shall not be reduced to an amount less than required in this section for a similar new building or use.

      (7)   Two or more buildings or uses may collectively provide the required off-street parking, in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately.

      (8)   In the instance of dual function of off- street parking spaces where operating hours of buildings do not overlap, the Board of Appeals may grant an exception.

      (9)   The storage of merchandise, motor vehicles for sale, trucks, or the repair of vehicles is prohibited except as otherwise provided in this chapter.

      (10)   For those uses not specifically mentioned, the requirements for off-street parking facilities shall be in accord with a use which is similar in type.

      (11)   When units or measurements determining the number of required parking spaces result in the requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require 1 parking space.

      (12)   The requirements of subsection (13) of this section shall not be applicable to those uses located in the CBD Central Business District. Parking for CBD uses is provided in common parking lots intended to serve all activities of the Central Business District.

      (13)   For the purpose of computing the number of parking spaces required, useable floor area as defined in § 82-4 shall govern unless otherwise specified.

      (14)   Parking shall be provided in accordance with the number of spaces required in this section. Parking shall not exceed nor be less than the required space per unit of measure for new uses. In accordance with this section, the Planning Commission may approve additional or fewer spaces, provided the applicant demonstrates that adequate parking will be provided, excessive parking will be avoided and snow storage is accommodated.

      The minimum number of off-street parking spaces by type of use shall be determined in accordance with the following schedule.

 

*   Accessible spaces are required to be 8'0" wide, with an adjacent access aisle 5'0" wide. One in every 8 accessible spaces shall have an access aisle 8'8" wide (rather than 5') and shall be signed "van accessible."

**   Percent of total.

***   Plus 1 space for each 100 over 1,000.

(1993 Code, § 82-455) (Ord. passed 10-12-1992; Ord. passed 9-14-1998(2); Ord. 2012-01, passed 6-11-2012)

   Whenever the off-street parking requirements in § 82-455 require the building of an off-street parking facility, or where P-1 vehicular parking districts are provided, such off-street parking lots shall be laid out, constructed and maintained in accordance with the following standards and regulations.

   (A)   No parking lot shall be constructed unless and until a permit therefor is issued by the building official. Applications for a permit shall be submitted to the city in such form as may be determined to the city in such form as may be determined by the building official and shall be accompanied with two sets of plans for the development and construction of the parking lot showing the provisions of this section will be fully complied with.

   (B)   Adequate ingress and egress to the parking lot shall be provided and approved by the city engineer who shall have full power to regulate and determine the places of ingress and egress so that traffic on the streets and highways of the city shall be controlled, regulated and coordinated and to require the installation and maintenance of suitable barriers to insure the safety of pedestrians passing any such parking lot, in order to provide for the greatest possible public safety and welfare. Such necessary directional signs and controls as are required by the city shall be established and maintained by the owner or lessee of the parking lot. All drives and parking shall be surfaced in a manner equivalent to that which is provided for the parking areas under § 82-404.

   (C)   All spaces shall be provided adequate access by means of maneuvering lanes.

   (D)   All drives shall be surfaced in a manner equivalent to that which is provided for the parking areas under § 82-404. Screening and landscaping and lighting shall be provided in keeping with the requirements of §§ 82-403 and 82-405. Plans for the layout of a parking lot shall show a total dimension across two tiers of spaces and one aisle (maneuvering lane) of at least the standards as required in § 82-400.

   (E)   Off-street parking areas shall be provided with a continuous and completely obscuring wall or fence in accordance with the specifications of § 82-403, on all sides where the next zoning district is designated as a residential district.

   (F)   The parking area shall be so designed as to provide a landscape plan in accord with § 82-403 and § 82-460.

(Ord. passed 10-10-1992)

   On the same premises with every building, structure or part thereof, involving the receipt or distribution of vehicles or materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading and unloading in order to avoid undue interference with public use of dedicated streets or alleys. Such space shall be provided as follows:

   (A)   All spaces in OS-1, B-1, B-2 and B-3 districts shall be provided in the ratio required in §§ 82-426 et seq., under minimum rear yard.

   (B)   All spaces shall be laid out in the dimensions of at least ten by 50 feet, or 500 square feet in area, with a clearance of at least 14 feet in height. Loading dock approaches shall be provided with a pavement having an asphaltic or Portland cement binder so as to provide a permanent durable and dustless surface. All spaces in I and IRO districts shall be provided in the following ration of spaces to usable floor area.

 

 

(Ord. passed 10-12-1992)

   Because the uses referred to in this section possess unique characteristics making it impractical to include them in a specific use district classification, they may be permitted by the city council after review by the planning commission under the conditions specified, and after public hearing. In every case, the uses hereinafter referred to in this section shall be specifically prohibited from all residential districts. These uses require special residential districts. These uses require special consideration since they service an area larger than the city and require sizable land areas, creating problems of control with reference to abutting use districts. Reference to those uses failing specifically within the intent of this section is as follows:

   (A)   Outdoor theaters. Because outdoor theaters possess the unique characteristic of being used only after darkness and since they develop a concentration of vehicular traffic in terms of ingress and egress from their parking area, they may be permitted in I-1 districts. Outdoor theaters shall further be subject to the following conditions:

      (1)   The proposed internal design shall receive approval from the building official and the city engineer as to adequacy of drainage, lighting and other technical aspects.

      (2)   Points of ingress and egress shall be available to the outdoor theater from abutting major thoroughfares (86-foot right-of-way or greater), and shall not be available from any residential street.

      (3)   All vehicles waiting or standing to enter the facility shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated right-of-way.

      (4)   The area shall be so laid out as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares. All lighting used to illuminate the area shall be so installed as to be confined within, and directed onto the premises of the outdoor theater site.

   (B)   Commercial television and radio towers, public utility microwaves, cellular transmissions towers and public utility TV transmitting towers. Radio and television towers, public utility microwave and public utility TV transmitting towers, and their attendant facilities, shall be permitted in I-1 districts provided such use shall be located centrally on a continuous parcel of not less than one times the height of the tower to all points on each property line. The site shall in no instance be used for the storage of vehicles or any material not required for the principal use. Outdoor storage of any kind shall be expressly prohibited.

   (C)   Airports and landing fields. Airports and landing fields, including structures accessory to such facilities and for the operation of an airport, may be permitted in an area zoned for industrial purposes, provided access directly to the site is from an abutting major thoroughfare, provided that land under runway approaches shall not be put to any use which might later serve as a basis for an effective argument that the space above should not be used by aircraft, and provided by the Civil Aeronautics Administration be submitted with the request for use.

(Ord. passed 10-12-1992)

(1993 Code, § 82-459)

   (A)   Greenbelt requirements. Whenever in this chapter a greenbelt or planting is required, it shall be planted to completion within 180 days of occupancy of the building or structure unless a longer period is permitted in writing by the Zoning Official. Planting shall thereafter be reasonably maintained, including permanence and health of plant materials to provide a screen to abutting properties and including the absence of weeds and refuse. Withered and/or dead plant materials shall be replaced within a reasonable period of time, but no longer than one growing season.

   (B)   Minimum standards. The landscape standards of this article are considered the minimum necessary. In several instances, the standards are intentionally flexible to encourage flexibility and creative design. Applicants are encouraged to provide additional landscaping to improve the function, appearance and value of their property.

   (C)   Landscaping commission review. For existing and proposed uses that require site plan approval to either expand or be built, landscaping should be installed insofar as practical. The planning commission in its review of the site plan has the authority to increase, decrease or otherwise modify the landscaping and screening requirements of this article. In doing so, the commission shall consider the following criteria:

      (1)   The amount of space on the site available for landscaping.

      (2)   Existing landscaping on the site and on adjacent property.

      (3)   The type of use on the site and size of the development.

      (4)   Existing and proposed adjacent land uses.

      (5)   The effect the required landscaping would have on the operation of the existing or proposed land use.

   (D)   Plant material size.

      (1)   Plant material shall not be located within 4 feet of the property line.

      (2)   Where plant materials are placed in 2 or more rows, plantings shall be staggered in rows.

      (3)   Evergreen trees shall not be less than 7 feet in height.

      (4)   Narrow evergreen trees shall not be less than 5 feet in height when used as screening.

      (5)   Large shrubs shall be a minimum of a #5 container (18" to 24").

      (6)   Small shrubs shall be a minimum of a #3 container (15" to 18").

      (7)   Larger deciduous trees shall not be less than 2-2 1/2 inches in caliper measured one foot above ground level.

      (8)   Ornamental trees shall not be less than 1 3/4" – 2 1/2" in caliper measured 1 foot above ground level.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      (2)   Mixture required. A mixture of plant materials (evergreen and deciduous trees and shrubs) is required in all landscape plants as a protective measure against disease and insect infestation.

      (3)   Parking lot landscaping and screening.

         (a)   Parking lots of greater than 5,000 square feet in area shall meet the following landscaping requirements for the interior of the parking lot:

            1.   One canopy tree for every 20 parking spaces, with a minimum of two trees, shall be planted in end islands within the parking area;

            2.   Each interior landscaped area shall have at least 150 square feet;

            3.   Required parking lot land- scaping areas shall be covered with turf, shredded bark, stone, or living ground cover plants;

            4.   Each interior landscaped area shall be protected by a raised standard or rolled curb and gutter unless otherwise approved by the Planning Commission.

      (4)   Greenbelts. Greenbelts shall be required where a developed parcel or parking lot abuts a public thoroughfare in the RM-1, RM-2, MH, OS-1, B-1, B-2, B-3, PD, IRO, I-1, and I-2 Zoning Districts. Greenbelts shall meet the following standards.

         (a)   Greenbelts are to be constructed only on private property and are not a part of the public rights-of-way.

         (b)   The minimum width of a required greenbelt shall be at least 10 feet.

         (c)   Greenbelts shall contain 1 tree for each 75 lineal feet of frontage, or fraction thereof, on a public thoroughfare. At least one-half of the required trees shall be canopy trees.

         (d)   Greenbelts shall contain 4 shrubs for each 20 lineal feet or fraction thereof. Said shrubs shall be planted in beds of mulch, bark, or stone.

         (e)   If a landscape screen is required along a pubic thoroughfare, the greenbelt tree planting requirements shall still apply.

         (f)   In no case shall greenbelts be considered as a part of the off-street parking area landscape requirements.

         (g)   The Zoning Administrator may recommend approval of alternate spacing arrangements and alternative numbers of plant materials if the intent of reducing negative effects between incompatible land uses is achieved.

      (5)   Landscape screening between land uses.

         (a)   Multiple family residential land uses adjacent to a public park facility or land principally used or zoned for single family residential shall have the following between it and all areas of such park or residential land:

            1.   Wall or fence shall be provided with a minimum height of six feet; or a hedge, berm, or combination thereof forming a continuous screen at least four feet high, if approved by the Planning Commission;

            2.   Multiple family projects shall also provide a minimum of 1 deciduous or evergreen tree for every 1,000 square feet of open space on the development site. Trees in any required screen may be counted toward this requirement.

         (b)   The following screening features shall be provided by any commercial or office development which is adjacent to a public park or land principally used or zoned for single family residences:

            1.   A landscaping area having a minimum width of 15 feet. This area shall consist of natural landscape materials such as lawn, ground cover, shrubs, and trees, and shall not contain impervious materials;

            2.   A wall or fence shall be provided with a minimum height of 6 feet; or a hedge, berm, or combination thereof forming a continuous screen at least 4 feet high if approved by the Planning Commission;

            3.   Required tree plantings: 1 deciduous tree or evergreen tree shall be provided for every 75 feet of lot line shared with a residential or park use or zoned property.

         (c)   The following screening features shall be provided by any industrial property which abuts a residential or park use:

            1.   A landscape screen at least 15 feet in width. Screen areas shall consist of natural landscape materials such as lawn, ground cover, shrubs, and trees, and shall not contain impervious materials;

            2.   A wall or fence shall be provided with a minimum height of 8 feet; or a hedge, berm, or combination thereof forming a continuous screen at least 4 feet high if approved by the Planning Commission;

            3.   Required tree plantings: 1 deciduous or evergreen tree for every 75 feet of lot line shared with a residential or park use or zoned property.

         (d)   In cases where an industrial project abuts a commercial or office use a 15 foot wide screening area shall be provided. Screening shall include a wall or fence of 6 feet in height and 1 deciduous tree or evergreen tree per 75 feet of linear distance of shared lot line.

      (6)   Building fronts and interior grounds. Interior landscaping areas, constituting at least 5% of the total building main floor area, shall be provided in every nonresidential development or residential development with attached dwelling units, except in the CBD District. Interior landscaping should be grouped near building entrances, along building foundations, along pedestrian walkways and along service areas in accordance with the following standards:

         (a)   One deciduous or 1 evergreen tree shall be required for every 1,000 square feet of required interior landscaping area.

         (b)   One shrub shall be required for every 250 square feet of required interior landscaping area.

         (c)   The interior landscaping area shall contain grass, ground cover, or 4 inch deep shredded bark.

      (7)   Solid waste dumpsters. Solid waste dumpsters and recycling storage containers may be located on a commercial, industrial, or multiple family properties, provided that they are screened on all sides by a continuous opaque fence at least 6 feet high.

Access to the dumpster shall be via a latching opaque gate that shall remain closed when the dumpster is not being serviced. Acceptable gate enclosure materials include wood and chain link fencing with privacy slats. Acceptable screening materials include wood, brick, and masonry.

(1993 Code, § 82-460) (Ord. passed 10-12-1992; Ord. passed 10-11-1999(1); Ord. passed 3-13-2000; Ord. passed 1-10-2005)

attractive and harmonious application of signs on the buildings and sites.

   Further, to protect and enhance the physical appearance of the community in a lawful manner that recognizes the rights of property owners by encouraging the appropriate design, scale and placement of signs.

   Finally, to have administrative review procedures that are the minimum necessary to balance the community's objectives and regulatory requirements. The intent is to ensure consistent enforcement of the sign code; minimize the time required to review a sign application; and provide flexibility as to the number and placement of signs so the regulations are more responsive to business needs while maintaining the community's standards.

      CHANGEABLE COPY SIGN. A sign or portion thereof on which the copy or symbols change manually through placement of letters or symbols on a panel mounted in or on a track system.

      FREESTANDING SIGN. Any sign which is permanently affixed in or upon the ground, supported by one or more structural members, with 12 inches or more of clearance between the bottom of the sign face and finished grade.

      LOGO, LOGOGRAM, OR LOGOTYPE. An emblem, letter, character, pictograph, trademark, or symbol used to represent any firm, organization, entity, or product.

      (1)   Requirement for permit. Except as expressly provided herein, it is unlawful for any person to erect, re-erect, alter or relocate any sign without obtaining zoning approval from the Zoning Administrator or Planning Commission when applicable, issuance of a sign permit as required by the Building Official, and payment of any applicable fees.

      (2)   Changeable copy by non-electronic means may be utilized on any permitted sign.

         (a)   No sign shall be located in, project into, or overhang a public right-of-way or dedicated public easement without permission from the governmental unit controlling the right-of-way or easement except for a permitted projecting sign or canopy sign.

         (b)   No sign shall be placed in a location that obstructs the view of traffic or pedestrians on streets or sidewalks, or the view of persons entering or exiting the premises. Signs shall not be permitted where they obstruct a motorist's view of regulatory signs, traffic control devices, or street signs.

         (c)   In order to ensure adequate sight distance, a minimum clear vision area shall be maintained in accordance with § 82-463. Greater clear vision areas may be required by the Michigan Department of Transportation or the Eaton County Road Commission in areas subject to their jurisdiction.

 

 

 

 

 

 

 

 

         (a)   Any wall sign or combined length of signs shall not be greater than 80% of the length of the tenant space or the length of the building frontage for single tenant buildings.

         (b)   The area of any wall sign may be increased by 25% when the building is setback at least 200 feet from the public right-of-way and may be further increased an additional 25% for each additional 200 feet of setback, up to a maximum increase of 100%.

         (c)   Additional wall sign area is permitted for a secondary frontage (see division (B) - Definitions) which shall be equal to 100% of the primary sign area allowance.

         (d)   Additional wall signs for multiple story buildings. An additional building sign is permitted on each of the building's primary and secondary frontages according to the following:

            1.   For a building with two floors the additional permitted sign area is 100% of area for each eligible wall.

            2.   This additional permitted sign area may be increased by 50% in area for each additional building floor.

            3.   The sign must be placed at the height for which the bonus has been granted.

         (a)   One additional freestanding or ground sign shall be permitted for every 100 feet of site frontage in excess of 200 feet of lot frontage.

         (b)   The permitted sign area may be aggregated into fewer and larger signs, at the election of the property owner/business, provided that the size of any single sign does not exceed the area permitted by more than 100%.

         (c)   Electronic message centers are permitted on a freestanding or ground sign provided they meet the following requirements:

            1.   Only one electronic message center (EMC) is permitted per each street frontage.

            2.   EMC copy cannot change more often than once every eight seconds and EMC cannot exceed 50% of the total sign area permitted on the site.

            3.   All EMCs are required to have automatic dimming capability that adjusts the brightness to the ambient light at all times of the day and night.

            4.   No single electronic message is permitted to be repeated by flashing more than once every 16 seconds.

         (a)   Except as described in divisions (E)(3)(a)1. and 2. of this section, signs that meet the standards of this division shall comply with standards listed in division (C)(4) of this section, General Standards, Specific Dimensional Standards including, but not limited to, sign area, setback and height for the applicable zone district.

            1.   Sidewalk signs shall not exceed 2.5 feet by 3 feet in size and may only be permitted in the Central Business District provided they are located so as not to interfere with pedestrian passage or create a public safety hazard and must be removed at the close of the business day.

            2.   Temporary signs in shopping centers, plazas or similar multi tenant sites shall be limited to spaces controlled by the tenant and may not be located in any common areas. Temporary signs in such sites are prohibited from being placed in the required front-yard setback.

         (b)   Where an existing permanent sign exists, no single temporary sign on a site shall exceed 10% of the smaller of either the wall sign area or freestanding sign area. The total area of all temporary signs on a site shall not exceed 25% of the smaller of either the wall sign area or freestanding sign area already installed on the site.

         (c)   Temporary signs affixed to the inside of a building's windows are exempt from the provisions of this division.

         (d)   A banner sign shall not exceed 50 square feet, and is permitted to be displayed not more than 15 consecutive days and not more than six times per calendar year.

         (e)   Temporary signs are exempt from obtaining a permit prior to installation but shall be required to be kept in good condition and shall be removed when required per ordinance.

      (1)   Signs shall be illuminated only by steady, stationary shielded light sources directed solely at the sign, or internal to it.

      (2)   Use of glaring undiffused lights or bulbs shall be prohibited. Lights shall be shaded so as not to project onto adjoining properties or thoroughfares.

      (3)   Sign illumination that could distract motorists or otherwise create a traffic hazard shall be prohibited.

      (4)   Illumination by bare bulbs or flames is prohibited.

      (5)   Underground wiring shall be required for all illuminated signs not attached to a building.

      (6)   Electronic message centers may be permitted subject to division (E), Sign Type Standards.

      (1)   Time limits. All sign applications shall be reviewed for compliance with these regulations within ten business days from the time a completed application has been accepted by the Zoning Administrator.

      (2)   All appeals and variances regarding the sign ordinance will be heard by the Planning Commission (see division (H) of this section).

      (3)   A Comprehensive Sign Plan (CSP) may be submitted that permits consideration of unique conditions, flexibility and creativity. Such CSP is subject to approval by the Planning Commission who may permit additional signs and/or sign area based on the applicant's demonstration of unique characteristics of the design, building, and/or site and appropriate landscaping associated with the freestanding signs. The approval of a CSP cannot impose more restrictive requirements than permitted by the basic standards. Once a CSP has been approved subsequent applications for specific signs on the site shall be approved administratively when the proposed sign is in compliance with the approved CSP.

that they shall be able to withstand wind pressure of at least 20 pounds per square foot. All signs, including any cables, guy wires or supports shall have a minimum clearance of four feet from any electric fixture, street light or other public utility pole or standard.

      (1)   The property owner shall maintain signs in good repair and structurally sound, in compliance with applicable city standards or ordinances, and in compliance with any building code or property maintenance code requirements.

      (2)   If the sign is deemed by the Zoning Administrator or designee to be in an unsafe condition, the owner of the business shall be immediately notified in writing, and shall respond to the city with a plan to correct the unsafe condition, remove the unsafe sign, or cause it to be removed within 30 days. If after 35 calendar days, the conditions have not been corrected through repair or removal, the sign shall be declared a public nuisance and the Zoning Administrator may cause the repair or removal of such sign, at the expense of the property owner or lessee. If the total costs are not paid in full within 60 days of the repairs or removal the amount owed shall be certified as an assessment against the property owner, and lien upon that property as prescribed for unpaid real estate taxes.

      (3)   In cases of imminent emergency, the Zoning Administrator may cause the immediate removal of a dangerous or defective sign without notice.

      (4)   Repair, re-lettering, or repainting may be done without a permit or without any payment of fees provided that all of the following conditions are met:

         (a)   There is no alteration or remodeling to the structure or the mounting of the sign itself;

         (b)   There is no enlargement or increase in any of the dimensions of the sign or its structure; and

         (c)   The sign is accessory to a legally permitted, conditional, or nonconforming use.

         (a)   For a wall sign which is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area and dimensions shall include the entire portion within such background or frame.

         (b)   For a wall sign comprised of individual letters, figures or elements on a wall or similar surface of the building or structure, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the display, the frame, and any applied background that is not part of the architecture of the building. When separate elements are organized to form a sign, but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the display areas, including the space between different elements. Minor appendages to a particular regular shape, as determined by the Zoning Administrator, shall not be included in the total area of a sign.

         (c)   For a freestanding or ground sign, the sign area shall include the frame, if any, but shall not include:

            1.   A pole or other structural support unless such pole or structural support is internally illuminated or otherwise so designed to constitute a display device, or a part of a display device.

            2.   Architectural features that are either part of the building or part of a freestanding structure, and not an integral part of the sign, and which may consist of landscaping, building or structural forms complementing the site in general.

         (d)   When two identical sign faces are placed back-to-back so that both faces cannot be viewed from any point at the same time, and are part of the same sign structure, the sign area shall be computed as the measurement of one of the two faces. When the sign has more than two display surfaces, the area of the sign shall be the area of largest display surfaces that are visible from any single direction.

         (a)   The height of a ground sign or freestanding sign shall be measured from the base of the sign or supportive structure at its point of attachment to the ground, to the highest point of the sign. A freestanding or ground sign on a man-made base, including a graded earth mound, shall be measured from the grade of the nearest pavement or top of any pavement curb.

         (b)   Clearance for freestanding and projecting signs shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments.

         (a)   The length of any primary or secondary building frontage shall be the sum of all wall lengths parallel, or nearly parallel to such frontage.

         (b)   For buildings with two or more frontages, the length of the wall and allowable sign area shall be calculated separately for each such building frontage.

         (c)   The building frontage for a business unit shall be measured from the centerline of the walls defining the business unit.

      (1)   Any public purpose or public safety sign and any other notice or warning required by federal, state, or local law, regulation, or resolution, including directional signs.

      (2)   Works of art that do not include a commercial message, including murals.

      (3)   Decorative displays provided that the display does not exceed 75 days.

      (4)   Flags of any country, state, municipality, university, college or school.

      (5)   Building markers, such as historical designations or construction dates; house or building numbers or names.

      (6)   Historical signs shall not be considered an abandoned sign after review and designation by the Planning Commission following a public hearing as required per § 82-33A, Notice.

      (7)   Signs designed and installed so as to be visible only to patrons of an establishment when they are on the premises of the establishment.

      (8)   Instructional or "way-finding" signs installed by a federal, state, or local unit of government.

      (9)   Time and temperature signs.

      (1)   Abandoned signs, as defined in division (B) of this section.

      (2)   Animated, flashing, rotating signs and festoons as defined in division (B) of this section, portable changeable copy signs, inflatable signs, tethered balloons, pennants, flutter flags, searchlights, streamers, exposed light bulbs, strings of lights, and any clearly similar features, except those specifically exempt from regulation as decorative displays.

      (3)   Roof signs, as defined in division (B) of this section.

      (4)   Signs located on vacant or unused property except permitted billboards, including signs on vehicles when the vehicle is parked at a vacant or unused property.

      (5)   Any sign containing any words, colors, lighting, or symbols that would cause confusion to pedestrian or vehicular traffic because of their resemblance to public safety traffic control or direction signals.

      (6)   Signs located on trees, utility poles, public benches or any other form of public property or within any public right-of-way unless explicitly permitted by these regulations.

      (7)   Other signs or similar structures that raise concerns for public safety or welfare substantially similar to those listed above.

      (1)   Non-conforming signs shall be maintained in good condition pursuant to regulations of division (H), Construction and Safety Standards, and of division (I), Maintenance Standards, of this section.

      (2)   A non-conforming sign shall not be altered, modified or reconstructed except:

         (a)   When such alteration, modification or reconstruction would bring such sign into conformity with these regulations;

         (b)   Any alteration, modification or reconstruction shall be limited to the replacement of a sign panel, replacing individual letters and logos within the same area, or repainting a sign face. No changes to the structure, framing, erection or relocation of the sign are permitted unless such changes conform to division (F)(2)(a) of this section.

      (3)   Restoration of damage. If a sign or sign structure which is nonconforming is damaged by any means or in any manner to the extent that the cost of reconstruction or restoration exceeds one-half (50%) the value of replacement of the sign or sign structure prior to the damaging occurrence, such structure may be reconstructed or restored only if its use conforms with the provisions of this section.

      (4)   Repairs to nonconforming sign. Repair work may be done to nonbearing walls, fixtures, wiring or plumbing, provided that the structure is not enlarged, extended, moved or structurally altered.

      (5)   Safety repairs. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition any structure or part thereof upon order by an official charged with protecting the public safety.

      (1)   Appeals may be made where an applicant has been aggrieved by a decision made by the Zoning Administrator or designee within 21 days of the decision being rendered. The applicant must submit a written appeal detailing the nature of the appeal. The Planning Commission may affirm, modify, or overturn the decision of the Zoning Administrator upon a hearing at a regular Planning Commission meeting in accordance with § 82-59.

      (2)   Variances may be granted from the regulations contained herein provided that the Planning Commission shall not permit signs in the right-of-way or in a location that has been determined to be a violation of required site distance or a public safety concern. Any request for a variance must be provided in writing and the hearing will follow the procedures of § 82-59. A request for a variance shall be the minimum necessary to provide relief to the property owner and the approval for such request shall include the following:

         (a)   Specific regulations the variance is requested from and relief sought; and

         (b)   Practical difficulty or unique circumstances which necessitate the variance.

(1993 Code, § 82-461) (Ord. passed 10-12-1992; Ord. passed 1-8-1996(2); Ord. passed 2-12-1996; Ord. passed 1-11-1999(2); Ord. passed 7-23-2001; Ord. passed 3-11-2002(11); Ord. passed 7-12-2004; Ord. passed 12-12-2005; Ord. passed 7-24-2006; Ord. passed 9-11-2006; Ord. passed 4-9-2007(2); Ord. passed 4-9-2007(3); Ord. passed 3-10-2008; Ord. 2022-01, passed 7-5-2022)

   (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 the 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 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 type. Artificial light shall be maintained constant in intensity and color at all times when in use.

(1993 Code, § 82-462) (Ord. passed 10-12-1992)

   No fence, wall, shrubbery, sign or other obstruction to vision above a height of 2 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 the right-of-way lines at a distance along each line of 25 feet from their point of intersection, nor shall such obstruction to vision be permitted at the intersection of any driveway or alley and a street right-of-way line within a triangular area formed at such intersection by a straight line drawn between the driveway or alley line and the street right-of-way line at a distance along each line of 15 feet from their point of intersection. In those instances where such triangular area cannot be constructed on the property in question, a 15-foot setback shall be required between the property line and the driveway or alley. (See Appendix G)

(1993 Code, § 82-463) (Ord. passed 10-12-1992)

   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 § 82-458, provided that such entranceway structures shall comply with all codes of the city and shall be approved by the Building Department and a permit issued.

(1993 Code, § 82-464) (Ord. passed 10-12-1992)

      (1)   The following definitions shall be used in interpretation and enforcement of this chapter. If a term is not defined herein, the definition stated in the city's subdivision or zoning regulations shall be used.

      (2)   If the term is not defined in the subdivision or zoning regulations, the common meaning of the term, as stated in a generally accepted dictionary, shall be used.

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

      (1)   (a)   All fences shall be constructed in a workman-like manner, and of generally accepted fencing materials such as painted or treated wood, chain link, brick, stone, vinyl and wrought iron.

         (b)   Other material that is generally acceptable for fencing shall be considered as well. The City of Charlotte Zoning Official shall make the determination as to whether a proposed material is appropriate.

      (2)   No fence shall constitute a blighting influence, nuisance or hazard.

      (3)   Barbed wire shall not be permitted in a residential zoning district, and shall be a minimum of six feet high on security fencing in commercial and industrial areas. Barbed wire must not project over any public right-of-way.

      (4)   Chain link fences must be constructed so as to have the barbed end at the bottom of the fence.

      (5)   Fences shall not have any sharp points, nor be electrified nor carry any charge of electricity intended as a security measure.

      (1)   Residential uses in residential zoning districts shall be permitted fencing as follows.

         (a)   Front yard. Ornamental fencing, not exceeding 42 inches in height as measured from the established sidewalk or curb grade may be located within a front yard. Ornamental fences shall be faced decorative side outward. Front yard fencing shall not intrude or interfere with any CVT area, as described in this chapter.

         (b)   Side yard. Fencing shall not exceed six feet, six inches in height in any side yard area.

         (c)   Rear yard. Fencing shall not exceed six feet, six inches in height in any rear yard areas.

         (d)   Recorded lots having a lot area in excess of two acres and a frontage of at least 200 feet are excluded from these regulations.

      (2)   No fence that obstructs view of an intersection or creates a visual safety hazard shall be permitted. In those cases where a determination is required, the City of Charlotte Chief of Police or designee shall make such determination.

         (a)   A CVT shall be required at all intersections and driveways.

         (b)   No fencing shall be permitted in the CVT area.

      (3)   No fence shall be erected where it would unreasonably obstruct the continued use of, or safe access to any abutting property.

      (4)   In those cases where a fence has an identifiable finished side, the fence shall be installed so that the finished side faces outward.

      (1)   All fencing shall meet the requirements of the Building Code.

      (2)   No fence that obstructs view of an intersection or creates a visual safety hazard shall be permitted.

         (a)   A CVT shall be required at all intersections and driveways.

         (b)   No fencing shall be permitted in the CVT area.

      (3)   No fence shall be erected where it would unreasonably obstruct the continued use of, or safe access to any abutting property.

      (4)   In those cases where a fence has an identifiable finished side, the fence shall be installed so that the finished side faces outward.

      (5)   In those cases where screening is required between land uses, the standards of § 82-467 shall be followed.

         (a)   Property owners are responsible for locating property boundaries.

         (b)   A fence may be allowed on a property boundary if written permission is received from the abutting property owner, and submitted to the city with the fence permit application.

         (c)   The applicant is responsible for fence maintenance of a fence on a property boundary. In those cases where the original applicant no longer owns a property, the current owner of the applicant property will be responsible for fence maintenance.

         (d)   If written permission is not obtained from the neighboring property owner, the fence shall be placed a minimum of one foot from the property boundary.

         (e)   If a neighboring property owner disputes the proposed fence location due to unknown property boundaries, or if the City of Charlotte Zoning Official requires one, a certificate of survey from a state-registered land surveyor shall be required prior to issuance of a fence permit

         (f)   City staff may attempt to assist a property owner in locating known property boundaries, but this does not constitute a survey if the boundary is disputed by an abutting property owner.

         (a)   Fencing proposed for easement areas shall be reviewed on a case-by-case basis to determine its impact on the easement areas.

         (b)   Even if the fence is approved for an easement area by the city, it shall be the responsibility of the property owner to remove and replace the fence should access or maintenance of the easement area be necessary.

         (c)   A fence proposed for an easement area may be denied if it will obstruct drainage or negatively affect the easement area. A permit may be issued if the applicant has the written permission of the easement holder.

      (1)   All fences shall be maintained in an upright, vertical condition and shall not create a blighting influence on the surrounding neighborhood or area.

      (2)   Maintenance must be done on a regular basis to prevent the fence from being in a state of disrepair.

      (3)   Failure to maintain or repair a fence, once notified by the city that maintenance or repairs are necessary, shall constitute a violation of this section.

         (a)   A permit is required when constructing a new fence or extending an existing fence.

         (b)   A permit is also required when reconstructing more than half of the linear length of an entire fence.

         (c)   A site plan or plot drawing shall be required before issuance of a fence permit.

            1.   The plan or drawing shall show the location and dimension of the fence, location of property line and distance to all structures on the property.

            2.   The fence height and material shall also be noted on the site plan, drawing and/or application form.

         (a)   A fence permit application fee set by City Council from time to time shall also be required with the fence permit application.

         (b)   This fee shall help cover costs of review of the fence permit application and is not refundable, even if the fence permit is not approved.

   (K)   Nonconforming fences. Any nonconforming fence may be repaired like-for-like in height, location and material, up to 50% of the overall linear footage of the nonconforming section. In no case shall a nonconforming fence be enlarged or extended, and shall not be replaced except in a conforming manner. City of Charlotte staff can approve repair to a nonconforming fence under these criteria.

         (a)   The particular physical surroundings, shape or topographical conditions of the specific parcel of land involved cause a particular hardship to the owner, as distinguished from a mere inconvenience, if the strict letter of this section were to be carried out.

         (b)   The conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought, and are not generally applicable to other property within the same zoning classification.

         (c)   The alleged difficulty or hardship must be caused by this section and not by any person presently having an interest in the parcel of land.

         (d)   The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located.

         (e)   The proposed variance will not impair an adequate supply of light and air to adjacent properties, will not increase the congestion of the public streets, will not endanger the public safety; or will not diminish or impair property values within the neighborhood.

         (a)   A person desiring to secure a variance from any provisions of this section shall fill out and submit to the Zoning Administrator a variance form, together with the required filing fee as set by the City Council.

         (b)   The fee for the variance application shall be the same as the fee set by the City Council for a variance from the Zoning Ordinance.

         (c)   Notice of the variance proceedings shall be mailed to adjacent property owners within 300 feet of the property seeking the variance at least 15 days prior to the variance being heard.

         (d)   The request for variance shall be heard and determined by the City of Charlotte Zoning Board of Appeals following the required public hearing.

(1993 Code, § 82-465) (Ord. passed 10-12-1992; Ord. passed 7-24-1995; Ord. passed 1-11-1999(3); Ord. 2022-06, passed 10-17-2022)

   Industrial fences are permitted as follows.

      (1)   Fences not exceeding 3 feet in height shall be allowed within the required front yard. All fences shall comply with § 82-463, related to corner clearance.

      (2)   Fences not to exceed 8 feet in height shall be permitted in side yards, rear yards, and nonrequired front yards. Barbed wire in not more than 3 strands mounted in a wye at the top of the fence shall be permitted, provided such wye is located to project over the property being fenced.

      (3)   Recorded lots having a lot area in excess of 2 acres and a frontage of at least 200 feet, and acreage or parcels not included within the boundaries of a recorded plat, are excluded from these regulations.

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

      (5)   Fences which enclose public or institutional parks, playgrounds, or public landscaped areas, situated within an area developed with recorded lots, shall not exceed 8 feet in height, measured from the surface of the ground, and shall not obstruct vision to an extent greater than 25% of their total area.

(1993 Code, § 82-466) (Ord. passed 10-12-1992)

   (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 as required below, except as otherwise required in subsection (F) of this section.

 

   (B)   The Planning Commission may in its review of site plans for specific uses allow or require the provision of an earth berm and/or a greenbelt planting consisting of trees and shrubs to serve as an obscuring wall, where such obscuring walls are required under this chapter, and where conditions are such that a more effective and harmonious development with abutting or neighboring land uses would result. Review and approval shall be required by the Planning Commission of types of plant materials and their location in such greenbelt.

   (C)   Required walls 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 a reduction in height requirements or may approve an alternate location for the wall or may waive the wall requirement if in specific cases it would not serve the purposes of screening the parking area effectively. Required walls may, upon approval of the Planning Commission, 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 Planning Commission in reviewing such request.

   (D)   Walls and screening barriers 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 Building Official. All walls required in this section shall be constructed of materials approved by the Building Official to be durable, weather resistant, and rustproof, and shall be maintained by the property owner or tenant at all times equal in condition to the completed structure at the time of initial installation. Walls may be constructed with openings which do not in any square section (height and width) exceed 20% 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 Building Official.

   (E)   The city may require that suitable maintenance guarantee be provided for the continued maintenance of walls required under this chapter.

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

   (G)   The Board of Appeals may waive or modify the requirements of this section where cause can be shown that no good purpose would be served.

      (1)   In consideration of request to waive all 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.

      (2)   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 described in this section, for each subsequent waiver prior to the granting of such waiver by the Board. (See Appendix I.)

(1993 Code, § 82-467) (Ord. passed 10-12-1992)

   No portion of a lot or parcel once used in complying with the provisions of this chapter for yards, lot area per family, density as for a development in the multiple-family district, or percentage of lot occupancy in connection with an existing or proposed building or structure shall again be used as part of the lot or parcel required in connection with any other building or structure existing or intended to exist at the same time.

(1993 Code, § 82-468) (Ord. passed 10-12-1992)

   No zoning lot shall be used for any purpose permitted by this chapter unless the lot abuts a public street, unless otherwise provided for in this chapter. This provision shall not apply to mobile home parks which are regulated in accord with Public Act 96 of 1987, being M.C.L.A. §§ 125.2301 et seq., as amended.

(1993 Code, § 82-469) (Ord. passed 10-12-1992)

   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 between the 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 residences or is an area which, in the opinion of the Planning Commission, will be used for other than single-family purposes in the future. This exception shall apply only 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.

(1993 Code, § 82-470) (Ord. passed 10-12-1992)

   (A)   A nonsealed site plan shall be submitted for the Planning Commission approval for the following.

      (1)   When, in the opinion of the Building Department a drawing or plan is needed for proper Planning Commission review.

      (2)   For building additions or accessory buildings in excess of 1,000 square feet in the RM-1, RM-2, OS-1, B-1, B-2, B-3, IRO, I-1 and I-2 Districts.

      (3)   Whenever a single family dwelling is converted to a use other than a two family dwelling and such use would not otherwise require a sealed site plan by this section and if such use abuts a single or two family dwelling, the Planning Commission shall review such plan to ensure that the proposed use will not have an adverse impact on the abutting single family or two family dwellings. In its review, the Commission may require landscaping, fencing, the reduction of on-site lighting or similar measures to ensure that the impact of the proposed use on nearby residents is minimized.

      (4)   Reserved.

      (5)   Reserved.

      (6)   Reserved.

   (B)   A sealed site plan shall be to the City Building Department for the following:

      (1)   Any new development in an RM-1, RM-2, OS-1, B-1, B-2, B-3, IRO, I-1 and I-2 Districts;

      (2)   Any expanded use, change of use, building addition or accessory building in RM-1, RM-2, OS-1, B-1, B-2, B-3, IRO, I-1, or I-2 District which requires additional off-street parking as required in § 82-455 over and above 15% of that existing;

      (3)   Any nonresidential class A nonconforming use;

      (4)   Any nonresidential use or change of use in the R-1, R-2 or RT Districts;

      (5)   Any new construction (not including additions) of a non-residential nature in the R-1, R-2 or RT Districts except single family and two family dwellings. This shall not include uses which are conducted from a residence where the business operator lives (i.e. day care, bed and breakfast, home occupations);

      (6)   Any additions to non-residential structures in the R-1, R-2 or R-T Districts where the addition exceeds 1,000 square feet or where additional off-street parking is required over and above 15% of existing parking spaces provided as required in § 82-455. This shall not include uses which are conducted from a residence where the business operator lives (i.e. day care, bed and breakfast, home occupations).

   (C)   Applications for sealed site plan approval for all projects shall consist of the following.

      (1)   Application form and appropriate fee as adopted by the City Council.

      (2)   Ten full-size copies of the site plan and 1 reduced copy, no larger than 11 inches x 17 inches which can be photocopied.

      (3)   A scale of not less than 1 inch = 50 feet if the subject property is less than 3 acres and 1 inch = 100 feet if 3 acres or more.

      (4)   Date, north point, and written and graphic scale.

      (5)   Legal description; lot line dimensions, tax parcel number(s), and address of the site.

      (6)   Name and address of the property owner of record, developer, and any architect, planner, designer, engineer or other licensed professional responsible for the preparation of the site plan.

      (7)   Vicinity map, showing the location of the site, in relation to the nearest cross street and section corner.

      (8)   General information about the site:

         (a)   Zoning district of the site and all adjacent properties;

         (b)   Land use of the site and all adjacent properties and buildings within 100 feet of subject property;

         (c)   Proposed use of the site;

         (d)   Parcel area in acres or square feet, including property line dimensions;

         (e)   The location of all existing structures on the subject property and within 100 feet of the subject property, including buildings, drives, parking areas, wells, septic tanks, drain fields, utilities, poles, ditches, underground storage tanks, above ground storage areas, and the like;

         (f)   Existing deed restrictions, if any;

         (g)   Location, width and purpose of existing easements;

         (h)   Soil type information;

         (i)   Location and type of natural features on or adjacent to the site, such as woods, streams, marshes, wetlands, fence rows, individual trees of 6 inches or larger in caliper when not located in a woods, and the 100 year flood area;

         (j)   Existing topography on the site.

      (9)   General information about the proposed development on the site:

         (a)   The location of all proposed structures on the subject property (length and width of all buildings must be labeled);

         (b)   Ground floor and total floor area to be constructed;

         (c)   Floor coverage ratio (ground floor area/lot area);

         (d)   Floor area ratio (total floor area/lot area);

         (e)   Number of buildings;

         (f)   Building height, in feet and number of floors;

         (g)   Required yards and setbacks and corner clearance (delineated on the plan);

         (h)   Number of parking and loading spaces required and supporting calculations, including provisions for barrier free spaces;

         (i)   Size of parking spaces, aisles, and angle of proposed parking spaces with a clear indication of all paved areas;

         (j)   Proposed fences or screens, location, height, type and typical details;

         (k)   Proposed site lighting location, type, height, intensity, direction, and other typical details;

         (l)   Proposed deed restrictions, if any;

         (m)   Location and screening of trash storage areas. (Per § 82-460(6)) If no outdoor trash areas are intended, the plan shall so state;

         (n)   Proposed identification and advertising signs location, dimensions and area, height, illumination, typical copy;

         (o)   Proposed on-site traffic control signs location, type, height;

         (p)   Proposed building address number locations, typical copy, dimensions.

      (10)   Utilities plan demonstrating the general proposed utility layout for sanitary sewer, water, storm water, communication (i.e. telephone and cable TV), electricity, fire hydrants (both on and off site), fire lanes, and natural gas.

      (11)   Information about the proposed and existing transportation network:

         (a)   Surface type and right-of-way widths of all existing streets and alleys abutting the site;

         (b)   Surface type, right-of-way width, easements, location and type of curbing, length and width of turning lanes, and curve radii for all proposed drives, alleys and/or streets;

         (c)   The names of all proposed streets, alleys, and drives;

         (d)   Proposed sidewalk and pedestrian paths location, width, surface types, and typical cross section;

         (e)   Acceleration lanes and traffic pattern.

      (12)   Site grading, drainage, and retention plan, including on-site elevations for pavements, drives, parking lots, curbs, sidewalks and finish grade at building except in the R-1, R-2, and RT Districts.

      (13)   Landscape plan showing plant materials to be used in accordance with § 82-460.

      (14)   In addition to the items listed above, residential development site plans must also indicate:

         (a)   Number and type of dwelling units;

         (b)   Individual lot dimensions and areas;

         (c)   Number and timing of phases;

         (d)   Proposed location of central mailboxes, if applicable;

         (e)   The location of open and/or recreation areas, if applicable.

      (15)   In addition to the items listed above, multiple family developments must include the following additional items:

         (a)   Total number of rooms;

         (b)   Total number of dwelling units;

         (c)   Number of dwelling units and bedrooms in each building;

         (d)   Percent of 1 room apartments (efficiencies);

         (e)   Special site features (play areas, pools, and the like), if applicable;

         (f)   Number and timing of phases;

         (g)   The location of central mailboxes, if applicable.

   (D)   In the process of reviewing the site plan, the Planning Commission shall utilize the following checklist:

      (1)   The location and design of driveways providing vehicular ingress to and egress from the site, in relation to streets giving access to the site, and including acceleration and deceleration lane needs;

      (2)   Needs for service drives (marginal access roads);

      (3)   Parking lot layout, including ingress, egress, and driveway widths;

      (4)   Loading and unloading areas and building service areas;

      (5)   Location and requirements for fences, walls and greenbelts;

      (6)   Special site features such as play areas, pools, and the like;

      (7)   Landscape plans showing size and type of plant materials utilized.

   (E)   Mobile home park site plans shall not be required to follow the procedures given in subsections (A) through (D) of this section. Review of plans for mobile home parks shall be conducted in accord with R 325.338 Rule 81 of the Michigan Administrative Code.

   (F)   Approval duration. Following approval of the site plan, the Building Inspector may issue a building permit upon approval of proper construction plans and shall insure that the development is undertaken and completed in accordance with the approved plans. For any approved site plan, building permits must be obtained encompassing a minimum of 25% of the gross floor area shown on the site plan within 12 months of the date of site plan approval, or the site plan shall be deemed null and void, without any further action by the city. The Planning Commission may, upon application in writing stating the reasons therefore, extend the 12-month period for an additional period of up to 12 months. Renewal must be requested in writing prior to the expiration of the site plan approval. The site plan may be renewed twice and the Planning Commission may require compliance with any ordinances adopted after the applicant received the original approval.

   (G)   The intent of this subsection is to permit improvement and minor modification to a conforming use and building which does not meet all of the site improvement regulations of this chapter. The intent is to permit partial compliance with the article requirements for site improvements for developed or partially developed sites which predate the zoning ordinance standards for landscaping, paving and non- safety site related improvements. Such improvements or expansions may be permitted by the Planning Commission during site plan review without a complete upgrade of all site elements under the following conditions.

      (1)   A finding by the Planning Commission that the applicant is proposing reasonable site improvements on the overall site in relation to the scale and construction cost of the building and site improvements or expansion. For a change in use requiring site plan review, the site shall be brought toward conformity with the minimum standards of the ordinance as much as reasonably possible.

      (2)   The applicant has addressed all safety related site issues on the overall site.

      (3)   (a)   For landscaping, the applicant shall bring the portion of the site proposed to be changed or expanded into full compliance with current landscaping requirements of the article. For the remainder of the site where no changes or expansions are proposed, the applicant shall bring the site toward conformity with current landscaping standards at twice the rate of the building or parking lot expansion, whichever is greater. (For example, a site plan showing a 10% expansion of the building floor area and 15% expansion of the number of parking spaces shall require a minimum 30% of the landscaping, in terms of landscaping area and quantity of plants, on the portion of the site where no changes or expansions are proposed).

         (b)   This landscaping requirement shall apply to the paving of any portion of an existing gravel parking lot that is 5,000 square feet or greater in area of the paving of parking lots for uses which require 17 or more parking spaces in accordance to § 82-455.

      (4)   The improvements of minor expansion shall not increase noncompliance with site requirements of this chapter.

      (5)   For nonconforming uses or structures in the B-3 zone, the site must be designated as a class A nonconforming use or structure by the Planning Commission, as set forth in § 82-453(B), and the site plan must demonstrate compliance with all applicable class A conditions, as set forth in § 82-453(C).

(1993 Code, § 82-471) (Ord. passed 10-12-1992; Ord. passed 1-8-1996(2); Ord. passed 4-12-1999; Ord. passed 10-11-1999(2); Ord. passed 3-13-2000;

Ord. passed 10-9-2000(2); Ord. passed 9-10-2001(4))

   No use otherwise allowed shall be permitted within any district which does not conform to the following standards of use, occupancy and operation, which standards are hereby established as the minimum requirements to be maintained within such area.

      (1)   Smoke. It shall be unlawful for any person, firm or corporation to permit the emission of any smoke from any source whatever to a density greater than that density described as No. 2 on the Ringlemann chart; provided that the following exceptions shall be permitted.

         (a)   Smoke, the shade or appearance of which is equal to but not darker than No. 3 on the Ringlemann chart for a period aggregating 4 minutes in any 30 minutes.

         (b)   Smoke, the shade or appearance of which is equal to but not darker than No. 3 of the Ringlemann chart for a period, aggregating 3 minutes in any 15 minutes, when building a new fire or when breakdown of equipment occurs such as to make it evident that the emission was not reasonably preventable.

      Method of measurement. For the purposes of grading the density of smoke, the Ringlemann chart, as now published and used by the United States Bureau of Mines, which is hereby made a part of this chapter, shall be the standard. However, the umbrascope readings of smoke densities may be used when correlated with the Ringlemann chart.

      (2)   Dust, dirt and fly ash. No person, firm or corporation shall operate or cause to be operated, maintain or cause to be maintained, any process for any purpose, or furnace or combustion device for the burning of coal or other natural or synthetic fuels, without maintaining and operating while using such process or furnace or combustion device, recognized and approved equipment, means, method, device or contrivance to reduce the quantity of gasborne or airborne solids of fumes emitted into the open air, which is operated in conjunction with such process, furnace, or combustion device so that the quantity of gasborne or airborne solids shall not exceed 0.20 grains per cubic foot of the carrying medium at a temperature of 500 degrees Fahrenheit.

      Method of measurement. For the purpose of determining the adequacy of such devices these conditions are to be conformed to when the percentage of excess air in the stack does not exceed 50% at full load. The foregoing requirement shall be measured by the ASME test code of dust separating apparatus. All other forms of dust, dirt and fly ash shall be completely eliminated insofar as escape or emission into the open air is concerned. The Building Official may require such additional data as is deemed necessary to show that adequate and approved provisions for the prevention and elimination of dust, dirt and fly ash have been made.

      (3)   Glare and radioactive materials. Glare from any process, such as or similar to arc welding, or acetylene torch cutting, which emits harmful ultraviolet rays shall be performed in such a manner as not to be seen from any point beyond the property line, and as not to create a public nuisance or hazard along lot lines. Radioactive materials and wastes, including electromagnetic radiation such as x-ray machine operation, shall not be emitted to exceed quantities established as safe by the U.S. Bureau of Standards, when measured at the property line.

      (4)   Fire and explosive hazards.

         (a)   In the I-1 Industrial District, the storage, utilization or manufacture of materials or products ranging from incombustible to moderate burning, as determined by the Fire Marshal, is permitted, subject to compliance with all other performance standards above mentioned.

         (b)   The storage, utilization or manufacture of materials, goods or products ranging from free to active burning to intense burning, as determined by the Fire Marshal, is permitted subject to compliance with all other yard requirements and performance standards previously mentioned, and provided that the following conditions are met.

            1.   The materials or products shall be stored, utilized or produced within completely enclosed buildings or structures having combustible exterior walls, which meet the requirements of the Building Code of the city.

            2.   All such buildings or structures shall be set back at least 40 feet from lot lines, or in lieu thereof all such buildings or structures shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Association.

            3.   The storage and handling of flammable liquids, liquified petroleum gases and explosives shall comply with the state rules and regulations as established by Public Act 207 of 1941, being M.C.L.A. §§ 29.1 et seq., as amended.

      (5)   Noise. The emission of measurable noises from the premises shall not exceed 60 decibels as measured at the boundary property lines, except where normal street traffic noises exceed 60 decibels during such periods, the measurable noise emanating from such premises may equal, but not exceed, such traffic noises. This provision shall apply in all districts except as specified in this section for the I Districts.

      I-1 District. In all I-1 Districts, the measurable noise emanating from the premises used for activities permitted shall not exceed 75 decibels during the normal work periods of between the hours of 6:00 a.m. and 10:00 p.m. and shall not exceed 70 decibels during the sleeping hours of 10:00 p.m. to 6:00 a.m., as measured at the property lines. Noises shall be muffled so as not to become objectional due to intermittence, beat frequency or high frequency.

      (6)   Vibration. Machines or operations which cause vibration shall be permitted in industrial districts, but no operation shall cause a displacement exceeding 0.003 of 1 inch as measured at the property line.

      (7)   Odors. Creation of offensive odors shall be prohibited.

      (8)   Wastes. All discharges to the city's publicly owned sewage treatment facility (sanitary sewer system) shall conform to appropriate regulations in Chapter 78 relating to sewer services. Mobile home parks shall be governed by State Department of Health standards.

(1993 Code, § 82-472) (Ord. passed 10-12-1992)

   (A)   Intent. An environmental impact assessment (EIA), providing the information and data specified in this section, in the form described, shall be required. This section shall not apply to mobile home parks which are under the jurisdiction of the State Department of Commerce.

      (1)   Whenever a project is proposed by a public agency, or by other agencies using public funds (excluding city municipal agencies), which significantly affects the quality of the human environment; or

      (2)   Whenever a project is proposed which, in the opinion of the City Manager, significantly affects the municipal service systems (transportation, waste water systems, potable water supply, storm drains, police services, fire services, library services, solid waste disposal services, emergency medical services); or

      (3)   When stipulated under the terms of this chapter or other chapters of this Code; or

      (4)   When required by the Planning Commission in order to assist in their consideration of a particular development proposal; or

      (5)   When a development proposal is submitted which, in the opinion of the Planning Commission, constitutes a substantial departure from the intent of the Master Land Use Plan.

   The requirements contained in this section shall not relieve the project's sponsor from complying with EIA standards established by other public agencies having jurisdiction.

   (B)   Submittal and approval requirements. The sponsor of the project shall submit the following to the Secretary of the Planning Commission.

      (1)   Preliminary environmental impact assessment. A preliminary environmental impact assessment shall be submitted in conjunction with requests for rezoning or other land development proposals which enable developments which, in accordance with the provisions of this chapter, would require such submittals. A preliminary environmental impact assessment shall consist of the applicable information or material required by the following subsections of this section:

         (a)   Subsection (C), related to physical conditions;

         (b)   Subsection (D), related to project description;

         (c)   Subsection (E), impact analysis, subsections (1) through (4) inclusive;

         (d)   Other sections or subsection of this chapter as determined by the City Manager to be particularly important or necessary in order to provide adequate information regarding a specific rezoning or development proposal.

      (2)   Final environmental impact assessment. A final environmental impact assessment, including all applicable provisions of this chapter, shall be submitted in conjunction with applications for site plan approvals, special use approvals, land development projects, or building permits for developments which, in accordance with the provisions of this chapter, would require such submittals.

   Prior to granting of building permits for projects covered by this chapter, provisions satisfactory to the City Council shall be made to assure the financing and/or installation of all road and utility improvements and the provision of additional services found, by the environmental impact assessment process, to be necessary to serve the project.

   (C)   Physical conditions.

      (1)   Legal description of the subject project prepared by a registered surveyor or civil engineer accompanied by a survey map of the property (scale 1" = 100', unless otherwise provided).

      (2)   Location map (minimum scale 1" = 800') indicating the location of the subject property in relation to the city's thoroughfare system.

      (3)   Land use and general development plan or schematic of the subject property (minimum scale 1" = 200') and adjacent properties within 1,000 feet of its property line. The zoning of properties within this area shall also be indicated.

      (4)   Site conditions of the subject property (scale 1" = 100', unless otherwise provided) indicating:

         (a)   Natural features such as streams, trees, bodies of water, floodplains, soil conditions and topography (maximum 2 foot contour interval);

         (b)   Location and size of existing facilities and utilities (thoroughfares, water service, sanitary sewer, storm drain, gas lines, electric lines, and the like).

      (5)   Limitation applicable to the development of the property (if any) as a result of proximity to airports.

   (D)   Description of intended use with site plans and building elevations. Final environmental impact assessment shall include:

      (1)   An architectural model, to indicate the scale and massing of buildings. The requirement for submittal of an architectural model may be waived by the City Manager when it is determined that the proposed development will be similar to an existing development available for review, or otherwise of a nature whereby its scale, massing and potential relationship to adjacent development can readily be determined without assistance of an architectural model;

      (2)   Calculation of the quantities of proposed elements or functions of the development by type: gross and net floor area; number of dwelling units by type and bedroom count; parking spaces (including handicapped spaces) required and provided; rights-of- way; landscaped area required and provided, and the like;

      (3)   Anticipated number of employees, residents, school children by school type and senior citizens;

      (4)   Anticipated vehicular generation.

   (E)   Project impact analysis. A full analysis and description prepared by registered engineers, architects, public safety specialists, public facility specialists, and the like, as applicable, of the proposed project's required levels of service, as compared to the service levels available, and the means by which the sponsor intends to serve the project and resolve any potential deficiencies, relative to the following facility and utility systems and services.

      (1)   Impact analysis; systems.

         (a)   Thoroughfares. Information should include projections of traffic volumes generated adjacent to the site as a result of the project to properly accommodate these volumes.

         (b)   Water service facilities for providing potable water supply, fire flows and other uses, expressed in average and peak hour needs.

         (c)   Storm drains and retention facilities, including provisions for retention site landscaping and maintenance.

         (d)   Sanitary sewer, collection and treatment facilities.

         (e)   Solid waste collection, storage and disposal systems.

         (f)   Power, heat and communication systems.

         (g)   School facilities.

         (h)   Transportation facilities and services other than private automobile. Such project impact analysis and information should take into account the potential development of adjacent areas which may be developed to similar intensities.

      The sponsor shall present evidence that he has informed other affected organizations or agencies of the potential impact of the proposed project on their facilities and services. In this regard, all communications shall be submitted from organizations such as power and communications utilities, school districts, aeronautics authorities, and the like.

      (2)   Impact analysis: services. The sponsor of the proposed development shall submit information as to the project's impact upon the following service activities, indicating the steps being taken to alleviate any potential deficiencies or problems, or to supplement municipal involvement therein:

         (a)   Fire protection and prevention;

         (b)   Public and private safety and security systems;

         (c)   Emergency medical services;

         (d)   Lighting on and adjacent to the site;

         (e)   Recreation and leisure time facilities and activities, including library services.

      (3)   Impact analysis: economics. Overall analysis or information shall be presented indicating the public revenue benefits resulting from the proposed project, as compared to the costs in terms of services and facilities.

      (4)   Impact analysis: natural and social environment. The sponsor of the proposed development shall submit information and comments which indicate public advantages and disadvantages unique to the proposed project, or unavailable except as a result of the project, and shall approach matters such as, but not limited to, the following:

         (a)   Environmental improvements (landscaped areas, open space areas, tree preservation, replacement and enhancement, and other aesthetic benefits);

         (b)   The environmental impact assessment shall contain an indication of the means by which natural features such as water courses, bodies of water, stands of trees, and individual trees, apart from stands of trees, having a caliper of 4 to 10 inches D.B.H., are to be preserved or replaced;

         (c)   Employment opportunities;

         (d)   Service opportunities;

         (e)   Residential opportunities;

         (f)   Recreation and leisure time opportunities.

(1993 Code, § 82-473) (Ord. passed 10-12-1992)

   It is the general purpose and intent of the city to carry out the will of the United States Congress by authorizing communication facilities needed to operate wireless communication systems. However, it is the further purpose and intent of the city to provide for such authorization in a manner which will retain the integrity of neighborhoods and the character, property values and aesthetic quality of the community at large. In fashioning and administering the provisions of this section, attempts have been made to balance these potentially competing interests and promote the public health, safety and welfare.

      (1)   Definitions.

         (a)   Wireless communication facilities shall mean and include all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment, building, and commercial mobile radio service facilities. Not included within this definition are: citizen band radio facilities; short wave facilities; ham, amateur radio facilities; satellite dishes; and, governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority.

         (b)   Attached wireless communications facilities shall mean wireless communication facilities that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles, and the like. A wireless communication support structure proposed to be newly established shall not be included within this definition.

         (c)   Wireless communication support structures shall mean structures erected or modified to support wireless communication antennas. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles or guyed wires.

         (d)   Co-location shall mean the location by 2 or more wireless communication providers of wireless communication facilities on a common structure, tower, or building, with the view toward reducing the overall number of structures required to support wireless communication antennas within the community.

      (2)   Authorization. Subject to the standards and conditions set forth in this section, wireless communication facilities shall be permitted uses in the following circumstances, and in the following zoning districts by right:

         (a)   Subject to the standards and conditions set forth below, wireless communication facilities shall be authorized as a permitted use within the following zoning districts: I-1 and I-2.

            1.   An existing structure will serve as an attached wireless communication facility within a nonresidential zoning district, where the existing structure is not, in the discretion of the Planning Official, proposed to be either materially altered or materially changed appearance.

            2.   A proposed co-location upon an attached wireless communication facility which had been preapproved for such co-location as part of an earlier approval by the city.

            3.   An existing structure which will serve as an attached wireless communication facility consisting of a utility pole located within a right-of-way, where the existing pole is not proposed to be modified in a manner which, in the discretion of the Planning Official, would materially alter the structure and/or result in an impairment of sight lines or other safety interests.

            4.   A proposed tower in the I-1 and I-2 zoning districts subject to the provisions of (3), "general regulations," and the site plan review process outlined in § 82-471.

         (b)   Subject to the standards and conditions set forth in this section, wireless communication facilities shall be authorized as special land uses within the following zoning districts: OS-1, B-1, B-2, B-3 and IRO.

         (c)   If it is demonstrated by an applicant that a wireless communication facility may not be reasonably established as a permitted use under (a) above, and, is required to be established outside of a district identified in (b), above, in order to operate a wireless communication service, then, wireless communication facilities may be permitted elsewhere in the community as a special land use, subject to the criteria and standards of subsections (3), (4), (5), (6), and (7) below.

      (3)   General regulations.

         (a)   All applications for wireless communication facilities shall be reviewed in accordance with the following standards and conditions, and, if approved, shall be constructed and maintained in accordance with such standards and conditions. In addition, if the facility is approved, it shall be constructed and maintained with any additional conditions imposed by the Planning Commission in its discretion.

            1.   Facilities shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare.

            2.   Facilities shall be located and designed to be harmonious with the surrounding areas.

            3.   Wireless communication facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.

            4.   Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights.

            5.   The maximum height of a new or modified support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant (and by other entities to co-locate on the structure). Towers over 300 feet in height will require a special use permit. The accessory building contemplated to enclose such things as switching equipment shall be limited to the maximum height for accessory structures within the respective district.

            6.   No support structure shall be located closer than 30 feet to the property line of any residential district or use, or no closer than equal to the height of any adjacent residential building, whichever is greater. The setback of the support structure from any existing or proposed rights-of-way or other publicly traveled roads shall be no less than the height of the wireless communication structure.

            7.   Where the proposed new or modified support structure abuts a parcel of land zoned for a use other than residential, the minimum setback of the structure, and accessory structures, shall be in accordance with the required setbacks for main or principal buildings as provided in the zoning district in which the support structure is located.

            8.   There shall be unobstructed access to the support structure, for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. This access shall have a width and location determined by such factors as: the location of adjacent thoroughfares and traffic and circulation within the site; utilities needed to service the tower and any attendant facilities; the location of buildings and parking facilities; proximity to residential districts and minimizing disturbance to the natural landscape; and the type of equipment which will need to access the site.

            9.   The division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements and conditions are met.

            10.   Where an attached wireless communication facility is proposed on the roof of a building, it shall be designed, constructed and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building. If proposed as an accessory building, it shall conform with all district requirements for principal buildings, including yard setbacks.

            11.   The Planning Commission shall, with respect to the color of the support structure and all accessory buildings, review and approve so as to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition.

            12.   The support system shall be constructed in accordance with all applicable building codes and shall include the submission of a soils report from a geotechnical engineer, licensed in the state. This soils report shall include soil borings and statements confirming the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communication Commission, and Michigan Aeronautics Commission shall be noted.

            13.   A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure the long term, continuous maintenance to a reasonably prudent standard.

         (b)   Standards and conditions applicable to special land use facilities. Applications for wireless communication facilities which may be approved as special land uses shall be reviewed, and if approved, constructed and maintained, in accordance with the standards and conditions in subsection (3)(a). In addition, the applicant shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of 1 or more of the following factors:

            1.   Proximity to an interstate or major thoroughfare;

            2.   Areas of population concentration;

            3.   Concentration of commercial, industrial, and/or other business centers;

            4.   Areas where signal interference has occurred due to tall buildings, masses of trees, or other obstructions;

            5.   Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate;

            6.   Other specifically identified reason(s) creating facility need.

         (c)   All proposals shall be reviewed in conformity with the co-location requirements of this section.

      (4)   Application requirements.

         (a)   A site plan prepared in accordance with § 82-471 shall be submitted, including the location, size, screening and design of all buildings and structures, including fences and outdoor equipment.

         (b)   The site plan shall also include a detailed landscaping plan where the support structure is being placed. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings and enclosure. In all cases, there shall be shown on the plan fencing, which is required for protection of the support structure and security from children and other persons who may otherwise access facilities.

         (c)   The application shall include a signed certification by a state-licensed professional engineer with regard to the manner in which the proposed structure will fall, which certification will be utilized, along with other criteria such as applicable regulations for the district in question, in determining the appropriate setback to be required for the structure and other facilities.

         (d)   The application shall also include a description of security to be posted at the time the facility is to be removed when it has been abandoned or is no longer needed. In this regard, the security shall, at the election of the applicant, be in the form of:

            1.   Cash;

            2.   Surety bond;

            3.   Letter of credit; or

            4.   An agreement in a form approved by the attorney for the community and recordable at the office of the Register of Deeds, establishing a promise of the applicant and owner of the property to remove the facility in a timely manner as required under this section of the ordinance, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorney's fees incurred by the community in securing removal.

         (e)   The application shall include a map showing existing and known proposed wireless communication facilities within the city, and further showing existing and known proposed wireless communication facilities within 1 mile from all borders of the city, which are relevant in terms of potential co-location or in demonstrating the need for the proposed facility. If and to the extent the information in question is on file with the community, the applicant shall be required only to update as needed. Any such information which is trade secret and/or other confidential commercial information which, if released would result in commercial disadvantage to the applicant, may be submitted with a request for confidentiality in connection with the development of governmental policy. M.C.L.A. § 15.243(1)(f). This ordinance shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the community.

      (5)   Special requirements for facilities proposed to be situated outside a zoning district in which the facility is permitted by right or special use permit.

         (a)   For facilities which are not permitted uses under subsection (2) and proposed to be located outside of a zone identified in subsection (2), an application shall be reviewed and, if approved, facilities shall be constructed and maintained in accordance with the following additional standards and requirements.

            1.   At the time of the submittal, the applicant shall demonstrate that a location within the district/overlay zone cannot reasonably meet the coverage and/or capacity needs of the applicant.

            2.   Wireless communication facilities shall be of a design such as (without limitation) a steeple, bell tower, or other form which is compatible with the existing character of the proposed site, neighborhood and general area, as approved by the city.

            3.   In single-family residential neighborhoods, site locations shall be permitted on the following sites (not stated in any order of priority), subject to application of all other standards contained in this section:

               a.   Municipally owned site;

               b.   Other   governmentally owned site;

               c.   Religious or other institutional site;

               d.   Public park and other large permanent open space areas when compatible;

               e.   Public or private school site.

      (6)   Co-location.

         (a)   Statement of policy. It is the policy of the city to minimize the overall number of newly established locations for wireless communication facilities and wireless communication support structures within the community and encourage the use of existing structures for attached wireless communication facility purposes. Each licensed provider of a wireless communication facility must, by law, be permitted to locate sufficient facilities in order to achieve the objectives promulgated by the United States Congress. However, particularly in light of the dramatic increase in the number of wireless communication facilities reasonably anticipated to occur as a result of the change of federal law and policy in and relating to the Federal Telecommunications Act of 1996, it is the policy of the city that all users should co-locate on attached wireless communication facilities and wireless communication support structures in the interest of achieving the purposes and intent of this section. If a provider fails or refuses to permit co-location on a facility owned or otherwise controlled by it, where co- location is feasible, the result will be that a new and unnecessary additional structure will be compelled, in direct violation of and in direct contradiction to the basic policy, intent and purpose of the city. The provisions of this subsection are designed to carry out and encourage conformity with this policy.

         (b)   Feasibility of co-location. Co- location shall be deemed to be "feasible" for purposes of this section where all of the following are met:

            1.   The wireless communication provider entity under consideration for co-location will undertake to pay market rent or other market compensation for co-location;

            2.   The site on which co-location is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support;

            3.   The co-location being considered is technologically reasonable; for example, the co-location will not result in unreasonable interference, given appropriate physical and other adjustment in relation to the structure, antennas, and the like;

            4.   The height of the structure necessary for co-location will not be increased beyond a point deemed to be permissible by the city, taking into consideration the several standards contained in this ordinance.

         (c)   Requirements for co-location.

            1.   A special land use permit for the construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that a feasible co- location is not available for the coverage area and capacity needs.

            2.   All new and modified wireless communication facilities shall be designed and constructed so as to accommodate co-location.

            3.   The policy of the community is for co-location. Thus, if a party who owns or otherwise controls a wireless communication facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible co- location, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded or extended in any respect.

            4.   If a party who owns or otherwise controls a wireless communication facility fails or refuses to permit a feasible co-location, and this requires the construction and/or use of a new facility, the party failing or refusing to permit a feasible co-location shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of the city, and, consequently such party shall take responsibility for the violation, and shall be prohibited from receiving approval for a new wireless communication support structure within the city for a period of 5 years from the date of the failure or refusal to permit the co-location. Such a party may seek and obtain a variance from the Zoning Board of Appeals if and to the limited extent the applicant demonstrates entitlement to variance relief which, in this context, shall mean a demonstration that enforcement of the 5 year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services, or that such enforcement would have the effect of prohibiting the provision of personal wireless communication services.

         (d)   Offer of co-location required. An application for a new wireless communication support structure shall include a letter from the applicant to all potential users offering an opportunity for co-location.

         (e)   Final approval for a wireless communication support structure shall be effective for a period of 6 months.

         (f)   Incentive. Review of an application for co-location, and review of an application for a permit for use of an existing facility shall be expedited by the city.

      (7)   Removal.

         (a)   A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of 1 or more of the following events:

            1.   When the facility has not been used for 180 days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of non-use;

            2.   Six months after new technology is available at reasonable cost, as determined by the legislative body of the community, which permits the operation of the communication system without the requirement of the support structure.

         (b)   The situations in which removal of a facility is required, as set forth in paragraph (a)(1) above, may be applied and limited to portions of a facility.

         (c)   Upon the occurrence of 1 or more of the events requiring removal, specified in paragraph (a)(1) above, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the Planning Official.

         (d)   If the required removal of a facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days written notice, the city may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected and/or enforced from or under the security posted at the time application was made for establishing the facility.

(1993 Code, § 82-474) (Ord. passed 10-11-1999(3); Ord. passed 3-12-2007)