(a)

Pools used for swimming or bathing shall be in conformity with the requirements of this section; provided, however, these regulations shall not be applicable to any such pool less than 24 inches deep or having a surface area less than 250 square feet, except where such pools are permanently equipped with a water recirculating system or involve structural materials.

(b)

A swimming pool or appurtenances thereto shall not be constructed, installed, enlarged or altered until a permit has been obtained from the building inspector.

(c)

All pools shall be located so as to comply with accessory structure setbacks. Each pool shall be enclosed by a fence or wall with a height of at least four feet and sufficient to make such body of water inaccessible to small children. Such enclosure, including gates therein, must not be less than four feet above the underlying ground. All gates must be self-latching with latches placed four feet above the underlying ground or otherwise made inaccessible from the outside to small children. A natural barrier, hedge, pool cover or other protective device approved by the planning commission may be used as long as the degree of protection afforded by the substituted devices or structures is not less than the protection afforded by the enclosure, gate and latch described in this subsection.

(d)

All swimming pool installations shall comply with the state construction code and all standard codes referred to therein.

(Code 1985, § 5.101)

(a)

All fences and walls shall be of standard materials, design and construction.

(b)

Essential retaining walls which do not extend above the ground, being retained by more than 18 inches, are permitted in any yard in all zoning districts.

(c)

Fences or walls not exceeding six feet in height are permitted in rear and side yards of R-1 and R-2 zoning districts, except in the DDA district which shall be contingent upon securing downtown development authority approval.

(d)

Subject to building inspector approval, decorative fences up to four feet in height and not more than 50 percent solid are permitted in front yards of R-1 and R-2 zoning districts. Subject to building inspector approval, decorative fences up to four feet in height and not more than 50 percent solid are permitted in front yards of C-1 zoning districts.

(e)

Fences or walls not exceeding 12 feet in height are permitted in all yards in C-1, C-2, I-1 and IP zoning districts, except that all fences located in front yards of such districts, which exceed four feet in height, shall be contingent on securing planning commission approval.

(Code 1985, § 5.102; Ord. No. 2012-004, 6-18-2012)

Where all other zoning districts abut the R-1 district, all structures shall be at least 30 feet from any perimeter boundary line, except that such structures in excess of 40 feet in length shall be set back an additional foot for every five feet of building length parallel to such boundary line.

(Code 1985, § 5.103)

(a)

Construction. Screening shall be constructed and maintained along all adjoining boundaries with single-family residentially zoned or used property. An obscuring screen shall be a berm, wall, landscaping or other screening device, or combination thereof, that obstructs 75 percent of the field of vision from the ground to a height of six feet, when viewed from a distance of five feet or more. Open spaces within such screening shall not exceed a one square foot. Such screen shall be constructed in accordance with one or a combination of the following:

(1)

Berm. A berm (mound of earth) no less than six feet high and contoured to a gradient of no less than three to one. The berm will be planted with grasses and/or shrubs and trees so as to be attractively landscaped.

(2)

Wall or solid fence. A solid wall or fence with a finished surface fronting on the residential district. All materials shall be new or other material if approved by the building inspector.

(3)

Landscape buffer. A landscape buffer not less than six feet in width, consisting of not less than 75 percent evergreen material. Plant material shall be of a variety which shall maintain an obscuring screen.

(b)

Ingress and egress. Any and all screens constructed along boundaries adjoining the R-1 district shall be constructed to within 20 feet of any and all roads which would otherwise bisect such boundary, or no closer than 20 feet to any point at which a vehicle is required to stop before proceeding onto another drive or road.

(c)

Planning commission and city commission modifications. Any of the requirements of this section may be waived or modified through site plan approval, provided the planning commission or city commission first makes a written finding that specifically identified characteristics of the site or site vicinity would make required fencing or screening unnecessary or ineffective, or where it would impair vision at a driveway or street intersection.

(d)

Zoning board of appeals modifications. The zoning board of appeals, in its sole discretion, may waive or modify the requirements of this section where the public interest would not be served by strict application or the requirements would constitute an undue hardship or burden upon property owners.

(Code 1985, § 5.104)

(a)

The following off-street parking requirements are established for all zoning districts within the city:

(b)

The planning commission shall have the authority to restrict excessive parking area within its sound discretion.

(c)

Where parking facilities exceed 200 parking spaces, the planning commission may elect to require facilities for horse-and-buggy parking within its sound discretion.

(Code 1985, § 5.105; Ord. of 9-5-2006; Ord. No. 2014-003, 8-4-2014)

Cross reference— Stopping, standing and parking, § 44-31 et seq.

(a)

The collective provision of off-street parking for two or more structures or uses is permitted provided that the number of spaces provided collectively is not less than the sum of the requirements for various individual uses, except as provided below.

(b)

The total of such off-street parking facilities required for joint or collective use may be reduced by the planning commission in accordance with the following rules and standards:

(1)

Uses for which the collective off-street parking facilities are to serve do not operate during the same hours of the day or night.

(2)

Not more than 50 percent of the off-street parking facilities required for theaters, churches, bowling alleys, dance halls, and establishments for sale and consumption of alcoholic beverages, food, or refreshments may be supplied by off-street parking facilities provided for other buildings.

(3)

The required off-street parking for a particular use may be reduced by its proportionate share of any publicly-owned parking lot within 300 feet of street travel, or for which it has been assessed.

(c)

The amount of parking for nonresidential uses may be reduced by the planning commission by up to 50 percent upon a finding that patrons will be able to walk to the use from nearby residential areas, patrons are parked at other uses and visiting several uses, and/or on-street parking is available.

(d)

Where an applicant demonstrates to the satisfaction of the planning commission that the minimum number of required parking spaces exceeds the amount necessary for the proposed use, the commission may approve construction of a lesser number of parking spaces, subject to the following:

(1)

The banked parking shall be shown on the site plan and set aside as landscaped open space.

(2)

The banked parking shall be constructed upon request by the chief building official, after the department of building and code enforcement documents three incidents of problem parking on the site within any one-year period.

(3)

Banked parking shall be located in areas which are suitable for future parking and comply with ordinance requirements.

(Code 1985, § 5.106; Ord. of 9-5-2006)

Cross reference— Stopping, standing and parking, § 44-31 et seq.

Whenever off-street parking is required, it shall be located, laid out and constructed in accordance with the following standards:

(1)

A site plan must be reviewed and approved in accordance the procedures outlined in article VII in the event of the following types of improvements:

a.

New buildings;

b.

Additions to buildings which increase the exterior dimensions or usable floor area;

c.

Alterations to the site, including changes in the parking layout, driveway, landscaped areas, screening walls and public walkways; and

d.

Changes in usage that increase the number of required parking spaces.

(2)

Residential off-street parking areas shall be parking bays, driveways or garages and shall be located on the premises they serve.

(3)

Off-street parking for other than residential uses shall be either on the same lot or within 400 feet of the building it serves, measured from the nearest point of the building to the nearest point of the off-street parking lot. The parking area shall be constructed on property owned, rented or leased by the property owner of the nonresidential business or dwelling.

(4)

Plans for the layout of off-street parking shall conform to the minimum requirements specified in the following table, except that they may be modified by handicap parking regulations found in Public Act No. 230 of 1972 (MCL 125.1501 et seq.):

(5)

Off-street parking areas for other than residential uses shall include spaces for the handicapped in accordance with the provisions of Public Act No. 230 of 1972 (MCL 125.1501 et seq.).

(6)

All maneuvering lanes in off-street parking areas must be wide enough to permit at least one-way traffic.

(7)

A clearly defined and marked driveway shall be provided for each parking area.

(8)

All parking areas, other than those for single-family and duplex units, shall provide adequate access by means of maneuvering lanes so that backing directly onto a street is unnecessary.

(Code 1985, § 5.107)

Cross reference— Stopping, standing and parking, § 44-31 et seq.

No vehicle shall be parked in any portion of a front yard within the city unless in a prepared driveway or parking area of aggregate or hard surfaced material. The parking or storage of a commercial vehicle, excluding an emergency vehicle, of more than two-ton capacity is prohibited within any residential district.

(Code 1985, § 5.108; Ord. No. 2008-01, 3-3-2008; Ord. No. 2023-002, 6-4-2023)

(a)

Minimum required off-street parking spaces shall not be replaced by any other use until equal parking facilities are provided elsewhere.

(b)

When units or measurements determining the number of required parking spaces result in a fractional space, any fraction shall require one parking space.

(c)

For the purpose of computing the number of parking spaces required, the definition of the term "usable floor area" set forth in section 52-2 shall apply.

(d)

For the purposes of calculating parking under the site plan review where detailed floor drawings are not available, the following shall apply:

(1)

Commercial buildings. Usable floor area shall equal 75 percent of the gross floor area.

(2)

Office buildings, other than medical office buildings. Usable floor area shall equal 80 percent of the gross floor area.

(3)

Medical offices. Usable floor area shall equal 85 percent of the gross floor area.

(e)

Off-street parking existing at the effective date of the adoption of the ordinance from which this article is derived shall not change for an existing building or use and shall not be reduced to an amount less than that required for a similar new building or new use.

(f)

Any permissible expansion, alteration or change of use which increases the required number of parking spaces shall be required to provide the required increase in the number of parking spaces, subject to appropriate review and approval. Any deficiency in the existing parking shall be corrected at such time.

(g)

Two or more buildings may collectively provide the required off-street parking, provided the required number of spaces shall equal the sum of the required spaces computed separately, except when it can be demonstrated that the operating hours of the uses do not overlap. Based upon recommendation of the city planning commission, the city commission may grant an exception to the individual provisions for those particular uses.

(h)

All driveway approaches on paved streets and off-street parking lots in all zoning districts shall be surfaced with asphalt, bituminous aggregate, cement or seal coat and maintained so as to be dustfree and prevent sand or gravel from entering the street and storm drainage system.

(Code 1985, § 5.109)

The following restrictions apply to all residential zoning districts, nonconforming residential uses in commercial districts, and commercially zoned properties inside residential neighborhoods:

(a)

All campers, RVs, watercraft (boats, jet skis, or otherwise), all snowmobiles, ATVs, UTVs, and other similar items, if stored upon a designated parcel must:

(1)

Be operable, registered, and licensed if registration/licenses are required for the unit under state law.

(2)

Be stored upon, or in, fully operational trailers that are registered and licensed under state law.

(3)

Be stored or parked on a prepared driveway or parking area of aggregate or hard-surface material and only during the period each year, between April 15 ^th through October 31 ^st each year for in-season use. During the period each year, between November 1 ^st through April 14 ^th front yard including driveway storage is not allowed. Exception: During the period each year, between November 1 ^st through April 14 ^th , snowmobiles or other similar winter season items, may be stored in a required front yard on a prepared driveway or parking area of aggregate or hard surfaced material, while on open operable, registered, and licensed trailers with operable, registered and licensed snowmobiles or other similar winter season items for in-season use.

(4)

If storage is located in a required front yard, storage must be upon a prepared driveway or parking area of aggregate or hard surfaced material.

(5)

Parking or storage is not permitted in the city unless in a required side yard or rear yard during the period each year between November 1 ^st through April 14 ^th and is not required to be on a hard surface, or aggregate surface for this seasonal storage or parking of campers, trailers, RVs, boats, snowmobiles, and the like.

(6)

No camper, RV, boat, trailer, or the like may be parked in a rear or side yard, closer than five feet from a public sidewalk, ten feet from the curb if present, or ten feet from the edge of a roadway without a curb.

(7)

No vehicle, camper, RV, boat, trailer, ATV, UTV, or the like shall be stored on a vacant lot.

(8)

Total number of campers, RVs, watercraft (boats, jet skis, or otherwise), snowmobiles, ATVs, UTVs, and other similar items is limited to a maximum of four in any combination.

(9)

All residences, including corner lots, are regulated so that the "front" of the house is designated by the street address of the house thereby defining front yard, side yard, and back yard accordingly.

(10)

Violations of this section are deemed civil infractions, punishable by a fine of $250.00 for a first offense, and $500.00 for a second offense.

(b)

Work trailers exception.

(1)

Work trailers are defined as open or enclosed utility trailers, flatbed trailers, or the like.

(2)

Work trailers are defined as such by being specifically and presently used for business purposes and must come and go on a regular daily or weekly basis.

(3)

Work trailers must also be stored or parked on a prepared driveway or parking area of aggregate or hard-surfaced material.

(4)

Work trailers must be operable, registered, and licensed if registration/licenses are required for the unit under state law.

(5)

Work trailers are exempt from seasonal restrictions per this section if all other regulations within this section are met.

(6)

Violations of this section are deemed civil infractions, punishable by a fine of $250.00 for a first offense, and $500.00 for a second offense.

(Ord. No. 2023-002, 6-4-2023)

Editor's note— Formerly, Ord. of 9-5-2006 deleted § 52-310, which pertained to exterior lighting and derived from Code 1985, § 5.110.

No dock or other structure of a similar nature shall extend 20 feet past the water's edge of any waterway or be more than six feet in width.

(Code 1985, § 3.84)

No person shall park or permit the parking of any unoccupied mobile home outside of a duly licensed mobile home park, except the parking of unoccupied mobile homes in any accessory private garage building or in any rear yard is permitted; provided no living quarters shall be maintained or any business practiced in such mobile homes; provided, however, that nothing contained in this section shall be construed to hinder or prevent any person from engaging in the business of handling mobile homes for sale, resale or storage, subject to such regulations as may be prescribed by this Code relative to zoning or regulations of such business.

(Code 1985, § 5.151(3); Ord. No. 2002-012, 11-4-2002)

(a)

Ground-mounted mechanical equipment, such as blowers, ventilating fans, and air conditioning units are permitted only in nonrequired side yards and in any rear yard, as determined by the building official/zoning administrator.

(b)

Mechanical equipment shall be placed no closer than three feet to any lot line in the commercial zones.

(c)

Any ground-, building-, or roof-mounted mechanical equipment or utilities, including water and gas meters, utility boxes, transformers, elevator housings, stairways, tanks, heating, ventilation and air conditioning equipment (HVAC), and other similar equipment, shall comply with the following standards:

(1)

All such equipment shall be screened by a solid wall, fence, landscaping, and/or architectural features that are compatible in appearance with the principal building.

(2)

Roof-mounted equipment shall not exceed a height of ten feet above the surrounding roof surface, and shall occupy no more than 15 percent of the total roof area. All roof-mounted mechanical units must be screened so they are not visible from ground level, even if not specifically addressed as part of site plan review.

(Ord. of 9-5-2006)

The following design requirements for non-residential buildings shall be applied during site plan review as outlined in article VII, Site Plan Review.

(a)

Exterior building design.

1.

Buildings shall possess architectural variety, but enhance the overall cohesive community character. All buildings shall provide architectural features, details, and ornaments such as archways, colonnades, cornices, recesses, projections, wall insets, arcades, window display areas, peaked roof lines, or towers.

2.

Building walls and roofs over 50 feet in length shall be broken up with varying building lines, windows, gables, and/or architectural accents such as pilasters, columns, dormers, and awnings.

3.

Window area shall make up at least 20 percent or more of the exterior wall area facing the principal street(s) from which access is gained.

4.

In addition, a portion of the on-site landscaping shall abut the walls so that the vegetation combined with the architectural features significantly reduce the visual impact of the building mass as viewed from the street. Additional landscaping requirements of this chapter must also be satisfied.

5.

Except in Industrial (I) and Industrial Park (IP) zones, overhead doors shall not face a public street or residential district. The planning commission can modify this requirement upon a determination that there is no reasonable alternative and the visual impact will be moderated through use of building materials, architectural features and landscaping beyond that required in article VIII, Landscape Standards and Tree Replacement.

6.

Additions to existing buildings must complement the current building design with regard to height, proportions, scale, materials, and rhythm of openings.

(b)

Building materials.

1.

Durable building materials which provide an attractive, quality appearance must be utilized.

2.

The predominant building materials should be quality materials that are characteristic of Michigan such as earth-toned brick, decorative tilt-up panels, wood, native stone, and tinted/textured concrete masonry units and/or glass products.

3.

Other materials such as smooth-faced concrete block, undecorated tilt-up concrete dryvit panels, or prefabricated steel panels should only be used as accents and not dominate the building exterior of the structure.

4.

Metal roofs may be allowed if deemed by the planning commission to be compatible with the overall architectural design of the building.

(c)

Building and sign colors.

1.

Exterior colors shall be of low reflectance, subtle, neutral, or earth-tone colors. The use of high-intensity colors such as neon, metallic, or fluorescent for the façade and/or roof of the building are prohibited except as approved by the planning commission for building trim.

2.

The use of trademark colors not meeting this requirement shall be approved by the planning commission.

3.

Mechanical and service features such as gutters, ductwork, service doors, etc. that cannot be screened must be of a color that blends in with the color of the building.

(d)

Roof design.

1.

Roofs should be designed to reduce the apparent exterior mass of a building, add visual interest, and be appropriate to the architectural style of the building.

2.

Variations in architectural style are highly encouraged. Visible roof lines and roofs that project over the exterior wall of a building enough to cast a shadow on the ground are highly encouraged, with a minimum overhang of 12 inches.

3.

Architectural methods shall be used to conceal flat roof tops and mechanical equipment.

4.

Overhanging eaves, peaked roofs, and multiple roof elements are highly encouraged.

(e)

Customer entrances. Clearly defined, highly visible customer entrances may be included in the design. Features such as canopies, porticos, arcades, arches, wing walls, and integral planters are highly encouraged to identify such entrances.

(f)

Community amenities. Community amenities such as patio/seating areas, water features, art work or sculpture, clock towers, pedestrian plazas with park benches, or other features located adjacent to the primary entrance to the building(s) are highly encouraged and may be calculated as part of the landscaping requirement. The planning commission, in its sound discretion, may limit the amount of amenities that may be calculated as part of the landscaping requirement.

(g)

Signs. Signs shall be in accordance with article IX, Signs. All sign bases shall be constructed of materials compatible with the architecture of the building(s) located on the premises.

(h)

Natural features. Buildings shall be sited to protect existing natural areas such as steep natural grades, trees, significant groupings of healthy vegetation (shrubs and trees), and rock outcroppings. To the extent practical, these areas shall be incorporated into the overall site plan.

(i)

Building location and orientation. New buildings shall have at least one principal building entrance oriented parallel toward the front lot line.

(Ord. of 9-5-2006; Ord. No. 2014-008, 10-6-2014)

No land use otherwise allowed shall be permitted within a zoning district that does not conform to the following standards of use, occupancy, and operation. These performance standards are hereby established as the minimum requirements to be maintained.

(a)

Smoke.

1.

Generally. It shall be unlawful for any person to permit the emission of any smoke from any source, excepting smoke from a chimney for a fireplace of wood/coal-burning stove in a residential structure, to a density greater than that density described as No. 1 of the Ringelmann chart; provided that the following exceptions shall be permitted: smoke, the shade or appearance of which is equal to, but not darker than No. 2 of the Ringelmann chart, for a period, or periods, aggregating four minutes in any 30-minute period.

2.

Method of measurement. For the purpose of grading the density of smoke, the Ringelmann 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 umbra scope readings of smoke densities may be used when correlated with the Ringelmann chart.

(b)

Radioactive, toxic and hazardous materials. Radioactive materials and wastes, including electromagnetic radiation such as X-ray machine operation, shall not be emitted in excess of quantities established as safe by the U.S. Bureau of Standards, when measured at the property line. All transportation, including by rail, of radioactive materials, hazardous waste, and toxic waste shall be within permissible standards set by the federal government.

(c)

Noise. Operations or activities which exceed the maximum sound-intensity levels defined below shall be prohibited. A sound level meter and an octave band analyzer shall be used to measure the intensity and frequency of the sound or noise levels encountered by day and/or by night. Sounds with very short duration, which cannot be accurately measured with a sound level meter, shall be measured by an impact noise analyzer; and the maximum levels indicated in the following table may be exceeded by no more than five decibels. Where questions on noise arise, the current standards recognized by the U.S. Department of Housing and Urban Development shall apply.

(d)

Light. Exterior lighting shall be installed so that the nearest surface of the source of light shall not be visible from the nearest residential district boundary and it shall be so arranged to reflect light away from any residential use. In no case shall the intensity of light exceed ten footcandles within any lot or one footcandle at any property line. See also article X.

(e)

Glare. Glare from any process (such as or similar to arc welding or acetylene torch cutting) which emits harmful rays shall be performed in such a manner as not to extend beyond the property line and as not to create a public nuisance or hazard along lot lines. See also article X.

(Ord. of 9-5-2006)

(a)

Waste receptacles, including dumpsters or compactors, shall be required for all nonresidential uses unless interior facilities are provided.

(b)

All outdoor waste receptacles shall be enclosed on three sides and screened. The enclosure shall be constructed of brick or decorative concrete material, consistent with the building materials of the principal building.

(c)

The enclosure shall also include a gate, made of wood, vinyl, or other high-quality material, as determined by the planning commission, on the fourth side. If the waste receptacle is a dumpster it must have an enclosing lid or cover, which must be kept closed except for necessary access.

(d)

The enclosure shall have a minimum height of six feet or one foot above the height of the waste receptacle, whichever is greater. The enclosure must be spaced at least three feet from the waste receptacle.

(e)

Except in Industrial (I) and Industrial Park (IP), waste receptacles and enclosures shall be located in the rear yard, not closer than three feet from the rear lot line, or nonrequired side yard, unless otherwise approved by the planning commission and shall be as far as practical, but in no case be less than 20 feet, from any residential district. If practical, the back side of the waste receptacle enclosure should be placed against the building. In this circumstance the wall may act as one side of the enclosure. In the Industrial (I) and Industrial Park (IP) Districts, the waste receptacle may be located in any yard so long as the screening requirements are met.

(f)

Waste receptacles shall be easily accessed by refuse vehicles without potential to damage automobiles parked in designated parking spaces or interfering with the normal movement of vehicles on or off the site.

(g)

The waste receptacle base shall be at least nine feet by six feet in area, constructed of six inches of reinforced concrete pavement. The base shall extend six feet beyond the waste receptacle pad or gate to support the front axle of a refuse vehicle.

(h)

The unloading of waste receptacles shall only occur between the hours of 7:00 a.m. and 11:00 p.m.

(Ord. of 9-5-2006; Ord. No. 2014-008, 10-6-2014)

(a)

The city may allow private roads only when meeting the standards of this section. The regulations for private roads contained herein shall not apply to approved private roads within platted subdivisions regulated by the city subdivision control ordinance, as amended or internal access drive to parking within approved site plans for multiple-family developments or commercial access drives.

(b)

Private roads are reviewed and approved by the city commission after a recommendation from the planning commission. Documentation accepted by the city commission must support that the property possess unusual configuration and/or topography which would render construction of public streets under city standards for grades, radii, width, and/or materials impractical.

(c)

An easement for private road access, for not more than two residential structures, shall be provided of not less than 24 feet in width for roads and utilities serving two or fewer lots or single-family residential units and not less than 66 feet in width for roads serving more than two homes. This easement shall be recorded with the Clare County Register of Deeds office and a copy of the recorded easement provided to the building official/city manager.

(d)

Any lot gaining access from a private road shall have at least the minimum lot frontage required herein for the zoning district in which the lot is located. The frontage for the lot shall be measured at the point between the lot lines designated by the building official/city manager as the side lot lines.

(e)

Any lot created on a private road along with accompanying buildings, shall comply with all site development standards applicable to the zoning district in which it is located. The easement for the private road shall not be included in the minimum lot width and lot area requirements.

(f)

The maximum length of any private road cul-de-sac shall not exceed the city standard for public roads.

(g)

The minimum roadway width of any private driveway, leading only to a single family residence, shall be at least 18 feet, however if such roadway is within 300 feet of a fire hydrant, such width may be reduced to 14 feet upon approval of the City of Clare Fire Department.

(h)

The surface and base material and construction of any private road shall be of asphalt, concrete or an equivalent approved by the city commission.

(i)

Issuances of a building permit for the placement of buildings/structures on lots and/or parcels on a private road shall not be considered a guarantee or warranty that adequate access exists to the lot for emergency vehicles. The city assumes no responsibility for the maintenance of or improvements to private roads.

(j)

The applicant shall submit a joint maintenance agreement or master deed in recordable form that runs with the land, binds benefiting parcels, and allows the city to make any repairs or conduct any maintenance it deems necessary, and charge the property owners or homeowners association served by the private road for such service.

(k)

The applicant shall provide a recorded statement running with the land informing purchasers of lots accessed by the private road that the access road is private.

(Ord. of 9-5-2006; Ord. No. 2016-001, 6-6-2016)

(a)

Intent. This section is intended to reasonably regulate the number of persons who can live in a residential dwelling unit. The city finds that occupancy limits are needed to provide density control; preserve and enhance residential neighborhoods as stable, quiet places for citizens to live and raise children; protect safety and welfare; and maintain property values. Such limits are also needed to insure that there are adequate public and private facilities including adequate offstreet parking, utilities, and adequate lot size to accommodate the residents of each dwelling unit without impairing the character of the neighborhood. The city also finds there are a number of residential living arrangements other than the traditional biological family arrangement. This section is intended also to accommodate those alternative living arrangements.

(b)

A dwelling unit may not be occupied by more persons than one of the following family living arrangements:

(1)

One or more persons related by blood, marriage, adoption or guardianship living as a single housekeeping unit, in all districts.

(2)

Four persons plus their offspring living as a single housekeeping unit, in all districts.

(3)

Six persons living as a single housekeeping unit in any district except R-1 districts.

(4)

A functional family living as a single housekeeping unit which has received a special exception use permit as provided elsewhere in this chapter.

(c)

In this section, offspring means descendants, including natural offspring, adopted children, foster child and legal wards.

(d)

In this section, functional family means a group of people plus their offspring, having a relationship which is functionally equivalent to a family. The relationship must be of a permanent and distinct character with a demonstrable and recognizable bond characteristic of a cohesive unit. Functional family does not include any society, club, fraternity, sorority, association, lodge, organization or group of students or other individuals where the common living arrangement or basis for the establishment of the housekeeping unit is temporary.

(e)

In addition to the standards set forth elsewhere in this chapter, a permit for a functional family is subject to the following standards and regulations:

(1)

It must meet the definition of this section.

(2)

Two offstreet parking spaces must be provided. Additional parking spaces may be required by the planning commission if any of the following conditions are met:

a.

The property is located more than 300 feet from a bus stop.

b.

Street parking available for visitor parking is limited.

c.

The petitioner intends to park more than two vehicles regularly on the site and there is limited area available for tandem parking in a driveway.

In order for the planning commission to determine if adequate parking will be provided, the petitioner must submit a plan indicating the location of proposed offstreet parking and an analysis of public parking and transit facilities provided within a 300-foot radius of the parcel. The planning commission may defer the provision of up to 40 percent of the required spaces if shown on the approved plan for the permit. If the building official determines that some or all of the deferred parking spaces are needed, these spaces must be installed. Any person aggrieved by the building official's determination may appeal as provided elsewhere in this chapter.

(3)

This permit shall apply only to the functional family type which obtained the permit and shall be limited to the number of persons specified in the permit.

(4)

There is a contact person who will act as head of household in relating to the city.

(f)

The zoning board of appeals may grant a variance from the standards of this section if it is reasonably necessary to give a handicapped person (as defined in 42 USC section 3602) equal opportunity to use and enjoy a dwelling.

(g)

The occupancy limits of this section do not apply to rooming or boarding houses, fraternity or sorority houses, student cooperatives, emergency shelters, or convalescent homes.

(Ord. No. 2011-004, 3-7-2011)

(a)

Purpose and goals. The purpose of this section is to establish guidelines for the siting, use, and maintenance of wireless telecommunications towers and antennas. The goals of this section are to:

(1)

Protect residential areas, park or recreation areas, and protect future land uses from potential adverse impacts of towers and antennas.

(2)

Protect the public health and safety.

(3)

Permit telecommunications facilities within city boundaries as required by law.

(4)

Minimize the total number of towers throughout the city by encouraging the joint use of existing and new tower sites.

(5)

Require users of towers and antennas to configure or shield them in a way that minimizes the adverse visual impact of the towers and antennas.

(6)

Avoid potential damage to adjacent properties from tower failure.

(7)

Provide for the maintenance of existing facilities as well as timely removal of obsolete, unused or abandoned facilities.

In furtherance of these goals, the city shall give due consideration to the city's master plan, zoning map, existing and future land uses, and sensitive areas in approving sites for the location of towers and antennas.

(b)

Applicability. Wireless communications equipment is a permitted use of property and is not subject to special land use approval or any other approval under the ordinance from which this section derived if all of the following requirements are met:

(1)

The wireless communications equipment will be collocated on an existing wireless communications support structure or in an existing equipment compound.

(2)

The existing wireless communications support structure or existing equipment compound is in compliance with the city's zoning ordinance or was approved by the appropriate city zoning body or official.

(3)

The proposed collocation will not do any of the following:

a.

Increase the overall height of the wireless communications support structure by more than 20 feet or ten percent of its original height, whichever is greater.

b.

Increase the width of the wireless communications support structure by more than the minimum necessary to permit collocation.

c.

Increase the area of the existing equipment compound to greater than 2,500 square feet.

(4)

The proposed collocation complies with the terms and conditions of any previous final approval of the wireless communications support structure or equipment compound by the appropriate zoning body or official of the city.

(c)

Applicability special use. Wireless communications equipment that will be collocated on an existing wireless communication support structure or in an existing compound and is in compliance with the city's zoning ordinance or was approved by the city but does not comply with the height requirements, width requirements, area requirements, or the previous approval of the wireless communications support structure as set forth in (b) (3) and (4) above, shall be subject to a special land use approval in accordance with the terms of this section and the overall site plan requirements of the ordinance from which this section derived.

(d)

Exemptions.

(1)

Amateur radio station operators. This section shall not govern any tower, or the installation of any antenna, that is owned and operated by a federally licensed amateur radio station operator. Amateur radio towers will be governed by maximum heights for non-attached structures in appropriate districts, as required elsewhere in the ordinance from which this section derived.

(2)

Receive only antennas. This section shall not govern any receive only antenna or tower installed and used by an individual to receive a fixed-wireless data signal at only a single location, except receive only antennas or towers shall meet the following conditions:

a.

A tower or antenna is permitted only as an accessory use in all districts.

b.

The tower or antenna height shall not exceed 50 feet.

c.

The tower shall be setback from all property lines the minimum of the tower height or the underlying setbacks of the district, whichever is greater.

d.

Guy wires are not permitted on the tower.

e.

The tower shall be equipped with an anti-climbing device.

f.

No ground equipment or additional buildings are permitted to accommodate the tower or antenna.

g.

No antenna or structure shall extend more than six feet horizontally from the tower.

h.

A certificate of zoning compliance is required prior to constructing the tower.

i.

The antenna or tower shall not be used to retransmit a data signal to multiple individuals' locations.

(3)

Preexisting towers and antennas. Towers and antennas that existed prior to enactment of the ordinance from which this section derived shall not be required to meet the requirements of this section, other than any applicable requirements elsewhere in the ordinance from which this section derived.

(4)

Small cell wireless facilities are exempt from this section 52-319. See [section] 52-320.

(5)

Installing a cable microcell network through use of multiple low powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

(e)

An application for special land use approval of wireless telecommunications equipment described in section (c) above shall be subject to a special use application and approval process as set forth in the ordinance from which this section derived.

(1)

A site plan as required by the ordinance from which this section derived, including a map of the property and existing proposed buildings and other facilities shall be submitted in accordance with city Code chapter 52, article VII, Site Plan Review.

(f)

Determination of an administratively complete application. After an application for a special land use approval is filed with the city, the city shall determine whether the application is administratively complete. Unless the city determines that the application is administratively incomplete as set forth in this provision, the application shall be considered to be administratively complete 14 days after the city receives the application or makes a determination, whichever is first.

If, before the expiration of the 14-day period, the city official responsible for approving the special land uses notifies the applicant that the application is not administratively complete, the notification must 1) specify the information necessary to make the application administratively complete, 2) or notify the applicant that a fee required to accompany the application has not been paid and specific the amount due. If notification is given under this subsection, the running of the 14-day period to determine whether the application was administratively complete is tolled, until the applicant submits to the body or official the specified information or fee amount due. All notices under this section shall be given in writing or by electronic notification.

Time. The city shall approve or deny the special land use application not more than 90 days after the application is considered to be administratively complete. If the city fails to timely approve or deny the application, the application shall be considered approved and the body or official shall be considered to have made any determination required for approval, subject to notice by the applicant as required by MCL 125.1315(2).

(g)

Conditions. Special land use approval of wireless communication equipment may be made conditional only on the equipment meeting the requirements of local ordinance, and state and federal laws before the equipment begins operation.

(h)

Requirements for special uses defined in section (c) above.

(1)

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

(2)

Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, road frontage requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

(3)

Inventory of existing sites and justification of new sites. Each application for an antenna and/or tower shall provide to the city an inventory of existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the city or within three miles of the border thereof, including specific information about the location, height, and design of each tower. The city may share such information with other applicants applying for siting approvals under the ordinance from which this section derived, provided however that the city is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. In addition, the applicant shall supply a written statement from an independently hired radio frequency professional that justifies the need for the proposed new site by describing the unsuitability of existing towers for the proposed use.

(4)

Height. Overall heights for new towers and antennas shall meet the following requirements:

a.

Maximum height for a single-user tower is 150 feet. A single-user tower must have a foundation capable of supporting a tower with a height of 195 feet, to facilitate possible future tower height extension in the event of colocation by other users.

b.

Maximum height for a tower with allowances for multiple users is 195 feet. The applicant must provide written assurance, verifying that there are reasonable provisions (including the tower, the equipment structure plan, and site location) for colocation by two other users. In addition, the applicant must provide written assurance that permission to colocate will be granted for compensation at the prevailing market rate. Suitability of this documentation will be assessed by the zoning administrator (for certificate of zoning compliance) or by the planning commission during site plan review.

(5)

Setbacks. The following setback requirements shall apply to all new towers:

a.

Towers must be setback a distance equal to at least the height of the tower from an adjoining lot line, except in an industrial district where the setback from an adjoining lot line will be half the tower height. These setback requirements are in addition to meeting the requirements of section (h) above.

b.

Accessory buildings must satisfy the minimum zoning district setback requirements.

(6)

Road frontage. For the entire lot, including a sub-parcel on which a tower or antenna is sited, there shall be a minimum of 150 feet of road frontage.

(7)

Separation distances. New towers shall be located a minimum of 400 feet from any existing residential dwelling on adjacent properties.

(8)

Tower and antenna appearance. Towers and antennas shall meet the following requirements:

a.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

b.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

c.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(9)

Landscaping. The following requirements shall govern the landscaping surrounding towers:

a.

Towers and accompanying facilities shall be landscaped in a manner that effectively screens the view of the tower compound from property used (or potentially to be used) for residences. A landscaping plan shall be submitted for approval by the zoning administrator (certificate of zoning compliance) or by the planning commission (site plan review).

b.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may provide sufficient buffer.

(10)

Security. Towers shall be equipped with anti-climbing devices and enclosed by security fencing not less than eight feet in height. The fence may be equipped with an appropriate anti-climbing device, at the discretion of the owner.

(11)

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, all available lighting options must be presented to the zoning administrator (certificate of zoning compliance) or to the planning commission (site plan review).

(12)

State or federal requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by the ordinance from which this section derived shall bring such towers and antennas into compliance with such revised standards and regulations. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense, as required in section 52-321.

(13)

Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers. If, upon inspection, the city concludes that a tower fails to comply with applicable codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 60 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 60 days shall constitute grounds for removal of the tower or antenna at owner's expense, as required in section 52-321.

(14)

Engineering certification and liability insurance. Application for tower or antenna siting approval must be accompanied by a signed certification from an independently hired State of Michigan licensed professional engineer. The engineer shall certify integrity of the design and indicating how the tower or antenna would fall in event of such occurrence. Application for tower or antenna siting approval must also include evidence of at least $1,000,000.00 U.S. dollars of general liability insurance to cover the applicant, land owner, city and damage to other persons or property that may result from unforeseen events or circumstances. The city shall be notified of any notice cancellations or changes in liability insurance.

(15)

Measurements. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal, county, and state jurisdictional boundaries.

(16)

Not essential services. Towers and antennas shall be regulated or permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

(17)

License[s] or franchises. Owners and/or operators of towers or antennas shall certify that all licenses or franchises required by law for the construction and/or operation in the city have been obtained and shall file a copy of all required licenses or franchises with the zoning administrator.

(18)

Signs. No signs shall be allowed on an antenna or tower except for usual regulatory signs required by the State of Michigan or the FCC such as "No Trespassing," "Danger," or a sign indicating who should contacted in case of an emergency.

(19)

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of section 52-319(i).

(20)

Provision for removal. The application for siting of any antenna or tower shall require the applicant to deposit with the city clerk security of a performance guarantee (in a time duration and with a financial institution deemed acceptable to the city) in the form of cash, a certified check, or irrevocable bank letter of credit, which will ensure full compliance with the ordinance from which this section derived and any conditions of approval. The security shall cover removal of the facility when it has been abandoned, is no longer in use, or is in violation as provided in section 52-321. The security shall be in the amount indicated in the following schedule:

Total construction cost includes all costs for construction, including engineering and design costs, governmental review, permitting fees, labor, and parts. The security shall be kept in full force and effect and irrevocable and non-cancelable (except by the written consent of both the city and the then-owner of the antenna, tower or related facility) during the entire time while the antenna or tower exists or is in place. The applicant and owner shall further agree as a condition of the security that the applicant and owner are responsible for the payment of any costs and attorney fees incurred by the city in securing removal.

(21)

Tower spacing. Minimum spacing between tower locations shall be two miles. The planning commission may waive this standard where the proposed location of the tower will serve to cluster two or more towers in close proximity to one another and, thereby, minimize the visual impacts upon panoramic views in the city.

(i)

Buildings and other equipment storage.

(1)

Antennas located on towers.

a.

The related unmanned equipment structures shall not contain more than 300 square feet of gross floor area per user or be more than 12 feet in height. It shall be located within 50 feet of the associated tower. Multiple users will be strongly encouraged to share an equipment structure with a common wall.

b.

The structure or cabinet shall be screened as required in subsection (h)(9).

c.

The structure shall be surrounded by a security fence as required in subsection (h)(10).

d.

The structure will comply with all applicable building codes.

(2)

Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

a.

The cabinet or structure shall not contain more than 300 square feet of gross floor area per user or be more than 12 feet in height. In addition, for buildings and structures that are less than 65 feet in height, the related unmanned equipment structure, if over 100 square feet of gross floor area or eight feet in height, shall be located on the ground and shall not be located on the roof of the structure.

b.

If the equipment is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 25 percent of the roof area.

c.

If the equipment structures or cabinet is located on the ground, it will be surrounded by a security fence as required in subsection (h)(10).

d.

Equipment storage buildings or cabinets shall comply with all applicable building codes.

(j)

Nonconforming uses.

(1)

Not expansion of nonconforming use. Towers that are constructed and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use of a structure.

(2)

Pre-existing towers. Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such pre-existing towers. New construction (other than routine maintenance), height modification, expanded use, or application for colocation on a pre-existing tower shall comply with the requirements of the ordinance from which this section derived.

(3)

Replacing damaged or destroyed nonconforming towers or antennas. Pre-existing or nonconforming antennas or towers that are damaged or destroyed are governed by reconstruction in section 52-121 of the ordinance from which this section derived. In the event of abandonment or termination of use, such towers will be removed.

(Ord. No. 2018-001, 1-2-2018; Ord. No. 2019-003, 4-1-2019)

Storage buildings not to exceed ten feet by twelve feet in size and not having a permanent foundation such as the movable storage barns purchased from others are permitted in any residential district or any commercial district subject to the setbacks set forth in that district.

(Ord. No. 2018-004, 5-7-2018)

Editor's note— Ord. No. 2021-004, adopted Aug. 2, 2021, repealed § 52-321, which pertained to small cell wireless communications and derived from Ord. No. 2019-003, 4-1-2019.

(a)

The city may require a wireless provider to repair all damage to the right-of-way directly caused by the activities of the wireless provider while occupying, constructing, installing, mounting, maintaining, modifying, operating, or replacing small cell wireless facilities, utility poles or wireless support structures in the right-of-way and must return the right-of-way to its functional equivalent before the damage. Should a wireless provider fail to make the repairs required by the city within 60 days after a written notice, the city may make the repairs and charge the wireless provider the reasonable and documented cost of the repairs. The provider shall remit the invoice provided under the terms of this provision forthwith.

(b)

Before discontinuing its use of a small cell wireless facility, utility pole, or wireless support structure, a wireless provider shall notify the city in writing. The notice shall specify when and how the wireless provider intends to remove the small cell wireless facility, utility pole, or wireless support structure. The city may impose reasonable and nondiscriminatory requirements and specification s for the wireless provide to return the property to its preinstallation condition. If the wireless provider does not complete the removal within 45 days after the discontinuance of use, the authority may complete the removal and assess the costs of removal against the wireless provider. The provider shall remit the invoice provided under the terms of this provision forthwith. A permit under this section for a small cell wireless facility expires upon removal of the small cell wireless facility.

(c)

Should a wireless provider undertake work that will unreasonably affect traffic patterns or obstruct vehicular or pedestrian traffic in a public right-of-way or public or semi-public lands, the wireless provider must submit a permit to the city as provided elsewhere in this Code.

(d)

The notice that an application is administratively incomplete or that a fee has not been paid as set forth in section 52-320(b)(3) or as set forth in section 52-320(e)(2) tolled the running of the time period to approve or deny the application as set forth in the Small Cell Wireless Facility Deployment Act. The running of time tolled under the law and the ordinance from which this section derived resumes when the applicant makes a supplemental submission in response to the city's notice of incompleteness. If a supplemental submission is inadequate, the city shall notify the applicant in writing not later than ten days after receiving the supplemental submission that the supplemental submission did not provide the information identified in the original notice delineating the missing documents or information. The time period may be tolled in the case of second or subsequent notices under the procedures identified herein. A second or subsequent notice of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

(e)

The city shall approve or deny the application and notify the applicant in writing as follows: Should the city fail to comply within the time set forth, the completed application is considered to be approved subject to the condition that the applicant provide the city not less than seven days advance written notice that the applicant will be proceeding with the work pursuant to the automatic approval provisions of the Small Cell Wireless Facility Deployment Act, section 15, being MCL 460.1315(H).

(Ord. No. 2019-003, 4-1-2019)

Editor's note— Ord. No. 2019-003, adopted April 1, 2019, added provisions to the Code designated as §§ 52-320 and 52-321. Inasmuch as there were already provisions so designated as § 52-320, the provisions have been redesignated as §§ 52-321 and 52-322, respectively, at the discretion of the editor.

Animals usually associated with farms, except chickens and ducks, as specified in section 52-324, are not allowed in residential districts. Other districts may allow animals by permit, provided that:

(1)

The property is eligible for the keeping of animals under the generally accepted agricultural management practices as published by the State of Michigan and within the Right to Farm Act.

(2)

The property is located in a rural area of the city.

(3)

The property is at least two acres in size for small animals, such as turkeys or rabbits and four acres in size for large animals, such as goats, pigs or horses.

(4)

Under no circumstances may a rooster qualify as an animal permitted within any district within the City of Clare.

(5)

Such animals are to be used as pets and shall not be used to produce income. The by-products such as eggs or meat shall not be sold.

(6)

A person who has been issued a permit shall submit it for examination upon demand by any police officer or code enforcement officer.

(7)

All barns and similar structures to be used in conjunction with any large animals shall be located at least 80 feet from all property lines. The location of all other structures shall conform to the yard and setback requirements of this section.

(8)

The area to be used as pasture shall be adequately fenced to prevent animals from leaving the property.

(9)

The city manager shall determine the maximum of each type of animal allowed on the property as part of the approval process.

(10)

The applicant shall provide the city with a site plan indicating: a) all existing buildings located on the property and within 300 feet of the property; b) the location of all proposed structures, either existing or to be constructed to be used in connection with the animals; and c) the location of all waste storage areas and a disposal plan for removal of all waste from the property.

(11)

The applicant shall provide any additional information deemed necessary for the city to approve or deny the request.

(12)

Animals to be used for 4-H or similar activities shall be governed by this use permit. Permits for such activities shall be limited to not more than one year by the city.

(Ord. No. 2020-007, 11-2-2020)

Chickens or ducks may be raised within the city by permit, as provided:

(1)

Any person who keeps chickens or ducks in the City of Clare shall obtain a permit from the city manager prior to acquiring any chickens or ducks. No chickens or ducks shall be kept unless the owners of all residentially zoned adjacent properties (as defined below in subsection (5)j. consent in writing to the permit and this consent is presented along with an application for a permit. The permit fee shall be as determined from time to time by the city commission by resolution. Permits expire and become invalid five years after the date of issuance. A person who wishes to continue keeping chickens or ducks shall have obtained a new permit on or before the expiration date of the previous permit. Application for a new permit shall be pursuant to the procedures and requirements that are applicable at the time the person applies for a new permit.

(2)

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

(3)

A person who keeps or houses chickens or ducks on his or her property shall comply with all of the following requirements:

a.

Have been issued the permit required under subsection (2) above.

b.

Keep no more than two chickens or ducks in total, i.e. two chickens or one chicken and one duck or two ducks.

c.

The principal use of the person's property is for a single-family dwelling or two-family dwelling.

d.

No person shall keep any rooster.

e.

The chickens or ducks shall be provided with a covered enclosure and must be kept in the covered enclosure or a fenced enclosure at all times. Fenced enclosures are subject to all provisions of the City Code.

f.

A person shall not keep chickens or ducks in any location on the property other than in the backyard. For purposes of this section, "backyard" means that portion of a lot enclosed by the property's rear lot line and the side lot lines to the points where the side lot lines intersect with an imaginary line established by the rear of the single-family or two-family structure and extending to the side lot lines.

g.

No covered enclosure or fenced enclosure shall be located closer than ten feet to any property line of an adjacent property.

h.

All enclosures for the keeping of chickens or ducks shall be so constructed or repaired as to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the enclosure. A covered enclosure or fenced enclosure shall not be located closer than 40 feet to any residential structure on an adjacent property provided, however, this requirement can be waived as follows:

1.

If the principal use of applicant's property is for a single-family dwelling, to obtain such a waiver the applicant shall present at the time of applying for a permit the written statements of all adjacent landowners that there is no objection to the issuance of the permit.

2.

If the principal use of the applicant's property is for a two-family dwelling, to obtain such a waiver the applicant shall present at the time of applying for a permit the written statements of all adjacent landowners and of the occupants of the other dwelling stating that there is no objection to the issuance of the permit.

i.

For purposes of this section, adjacent property means all parcels of property that the applicant's property comes into contact with at one or more points, except for parcels that are legally adjacent to but are in fact separated from the applicant's property by a public or private street.

j.

All enclosures for the keeping of chickens or ducks shall be so constructed or repaired as to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the enclosure.

k.

All feed and other items associated with the keeping of chickens or ducks that are likely to attract or to become infested with or infected by rats, mice, or other rodents shall be protected so as to prevent rats, mice, or other rodents from gaining access to or coming into contact with them.

l.

If the above requirements are not complied with, the city may revoke any permit granted under this section and/or initiate prosecution for a civil infraction violation.

(4)

A person who has been issued a permit shall submit it for examination upon demand by any police officer or code enforcement officer.

(5)

The area to be used as pasture shall be adequately fenced to prevent animals from leaving the property.

(6)

The applicant shall provide the City of Clare City Manager with a site plan indicating: a) all existing buildings located on the property; b) the location of all proposed structures, either existing or to be constructed to be used in connection with the animals; and c) the location of all waste storage areas and a disposal plan for removal of all waste from the property.

(7)

The applicant shall provide any additional information deemed necessary for the city manager to approve or deny the request.

(8)

Animals to be used for 4-H or similar activities shall be governed by this use permit. Permits for such activities shall be limited to not more than one year by the city manager.

(Ord. No. 2020-007, 11-2-2020)

(a)

Accessory dwelling units may be permitted in the R-1 district, subject to site plan approval upon compliance with the following standards:

(1)

General requirements.

a.

There shall be a maximum limit of three registered accessory dwelling units at any given time.

b.

The dwelling unit must be situated on a lot or parcel in conformance with the minimum lot area and setback requirements of the R-1 district. Subdivision to create a separate lot for accessory dwelling units is prohibited.

c.

An application shall be submitted by the owner-occupant. The applicant shall clearly demonstrate that the single-family character of the neighborhood will not be adversely affected by the creation of the proposed accessory dwelling unit.

d.

At least one owner of record shall occupy either the principal residential unit or the accessory dwelling unit. The owner occupant shall meet the requirements for a principal residence tax exemption.

e.

The health department shall certify that the onsite septic system is properly designed to handle the anticipated additional load. Where sanitary sewers are available, both units shall be connected and are subject to the appropriate connection fees. All public utilities servicing the accessory dwelling unit (sanitary sewer, water, electrical) shall be provided independently or from the principal dwelling's water, sewer and electrical connections. All water and sewer/septic service shall comply with all health department and township ordinances and rules.

f.

The dwelling unit shall clearly be incidental to the principal dwelling unit and the structure's exterior shall appear to be single-family and shall be consistent with the character of the surrounding neighborhood.

g.

Only one accessory dwelling unit shall be permitted per lot and per single family dwelling.

h.

One (1) additional off-street parking space shall be provided.

i.

The accessory dwelling unit shall be registered with the city clerk's office.

j.

The dwelling unit shall be situated on a permanent foundation constructed on the site in accordance with the city's building code. In no case shall a mobile home travel trailer, recreational vehicle, automobile chassis or tent be considered an accessory dwelling unit.

k.

An accessory dwelling unit shall have a valid certificate of occupancy before it can be used as a dwelling unit.

l.

The maximum occupancy of any accessory dwelling unit shall be four (4) persons.

m.

Accessory dwelling units shall comply with all plumbing, electrical, and mechanical codes; all city and/or county health department codes for water supply and sanitary sewage disposal; all pertinent building and fire codes; and meet or exceed all applicable roof snow load and strength requirements.

(2)

Accessory cottages.

a.

An accessory cottage shall contain at least 420 square feet and shall be a maximum of 35 percent of the total floor area of the principal unit or 1,000 square feet, whichever is less.

b.

No accessory cottage shall include more than 2 bedrooms.

(3)

Accessory apartments.

a.

Accessory apartments shall only be located attached to the principal residential building or located above or attached to an attached or detached garage. Accessory apartments located above a garage or shall not exceed 20 feet in height.

b.

An accessory apartment shall contain at least 420 square feet and shall not exceed 35 percent of the total floor area of the principal unit. This shall be construed to prohibit the creation of an accessory apartment in a single-family dwelling unit with a total floor area of less than 1,200 square feet.

c.

No accessory apartment shall include more than two bedrooms.

(Ord. No. 2020-009, Pt. 4, 11-2-2020)

Editor's note— Ord. No. 2020-009, Pt. 4, adopted Nov. 2, 2020, set out provisions intended for use as § 52-323. For purposes of classification, and at the editor's discretion, these provisions have been renumbered as § 52-325.