The provisions of this chapter are applicable to all zoning districts.

(Ord. 195. Passed 4-9-90.)

Zoning affects every structure and land use. Except as hereinafter specified, no person shall use or occupy any building, structure or premises and no person shall erect, move, place, reconstruct, extend, enlarge or alter any building or part thereof or other structure, except in conformity with the regulations herein specified for the zone district in which it is located.

(Ord. 195. Passed 4-9-90.)

Nothing in this Zoning Code shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Building Inspector.

(Ord. 195. Passed 4-9-90.)

(a)

Required Area or Space. No lot or lots in common ownership and no yard, court, parking area or other space shall be so divided, altered or reduced as to make such area or dimension less than the minimum required under this Zoning Code. If already less than the minimum required under this Code, such area or dimension shall not be further divided or reduced.

(b)

Existing Platted Lots. Where an existing residentially zoned platted lot has an area of not less than ninety percent of its zoning district requirements and where such lot can provide the side yard requirements of its district, a single-family use is permitted. An existing platted lot in single ownership of less than ninety percent of its district requirements may be utilized for a single-family use and for such purpose the required side yards may be reduced by the same percentage the area of such lot bears to its district requirements, provided that no side yard shall be less than five feet and that off-street parking requirements are met. Where two such lots contain less than ninety percent of their district requirements, such lots shall be utilized in conformance with the minimum requirements of this Zoning Code.

(c)

Exceptions. The requirements of all zoning districts shall be subject to the following exceptions: parapet walls not exceeding four feet in height, chimneys, cooling towers, elevator bulkheads, fire towers, gas tanks, monuments, cupolas, domes, spires and penthouses housing necessary mechanical appurtenances. Additions to buildings existing at the effective date of this Zoning Code (Ordinance 195, passed April 4, 1990), which now exceed the height limitations of the district up to the height of the existing building, will be permitted in those instances in which the lot is large enough to encompass a circular area with a radius equal to at least the height of the structure.

(d)

Mobile Homes. Mobile home dwellings are considered as dwellings and shall not be considered as accessory to a permitted use.

(e)

Transition Lots. The first R-1, R-2, R-3 or R-4 District lot with the side yard adjacent to a Commercial or Industrial District (without any street intervening between such properties) may be used for uses permitted and as regulated in the R-3 District for new residence structures. Such transition lot cannot be construed to extend for more than 150 feet from such Commercial or Industrial District. In addition, such land may be used for offices for doctors, dentists, architects and similar professions. For approval of these uses, a detailed development plan and an architectural sketch of all structures to be erected shall be submitted to the Planning Commission to determine that the plan meets the following requirements:

(1)

Yard and area requirements of the District;

(2)

Parking areas and access drives;

(3)

Landscaping and screening plan; and

(4)

That the proposed building has a residential appearance keeping in conformity with the character of the adjacent neighborhood.

(f)

Front and Side Yard Setbacks. Front and side yard setbacks shall be measured to the main wall of a building.

(g)

Fences and Vegetation. (EDITOR'S NOTE: Subsection (g) was repealed by implication by Ordinance 210, passed July 27, 1992. See Section 1464.02 of the Building and Housing Code.)

(h)

Mechanical Appurtenances. Mechanical appurtenances such as blowers, ventilating fans and air conditioning units shall be attached to the principal building and be placed not closer than twenty feet to adjoining properties.

(i)

Work on Vehicles. Mechanical work on trucks (one ton or more) or race cars owned by the occupant of a dwelling or on any vehicles not owned by an occupant of the premises is prohibited in Residence Districts. Any permitted work on vehicles shall be performed entirely within a building, and no parts or vehicles not in a legally operable condition shall be stored outside except by permit. For permitted work, refer to Section 450.02.

(j)

Use of Residential Structures for Nonresidential Purposes. Existing residential structures or buildings accessory thereto and additions to the same may not be used for commercial or industrial purposes. (Exceptions - see home occupations, Section 1250.04)

(k)

Fallout Shelters. Fallout shelters are permitted in any zoning district as an accessory use, provided that all yard and coverage requirements of the district are met. Community fallout shelters are permitted in any district as an accessory use, but only after the plans therefor have been approved by the Planning Commission as suitable for the purpose and that the shelters, and particularly exits, entrances and ventilators, are suitably located and in conformity with the character of the adjacent neighborhood.

(l)

Storage of Vehicles. In all Residence Districts, vehicles not intended for private passenger use shall be garaged at all times.

(m)

Living Quarters for Accessory Buildings. No accessory building shall include residential or living quarters for human beings.

(Ord. 195. Passed 4-9-90.)

(n)

Animals in Residential Units. No more than three adult domestic animals in combination shall be kept or housed in any one residential unit in any Residence District.

(o)

Backyard Chickens in Residential Zoning Districts.

1.

Prior to the keeping of any backyard chickens or installation of any backyard chicken enclosure, a permit application with fee must be submitted to the city Zoning Administrator and be approved.

(a)

The applicant shall pay the fee required by the fee resolution periodically adopted by the City Council.

(b)

An initial backyard chicken permit shall be valid indefinitely or until the property is sold.

(c)

Upon sale of property, the new owner of the property must submit a new permit application with fee to the Zoning Administrator and be approved, to continue the accessory use of the keeping of backyard chickens.

(d)

Failure to comply with this Zoning Ordinance will result in the approved permit to be suspended/revoked and the chickens will be required to be removed from the property.

2.

The keeping of backyard chickens is permitted as an accessory use if all the following conditions are met:

(a)

The parcel of land is located within a residential zoning district and the principal use of the parcel is a single-family residential dwelling.

(b)

The keeping of backyard chickens shall be done on a noncommercial basis while limiting and mitigating any potential adverse impacts. The keeping of chickens shall be exclusively used by the people occupying the property as a locally grown food source for the consumption of eggs or meat.

(c)

Chickens shall be provided with and kept within a completely enclosed covered coop (which is defined in this case as an enclosure, coop and/or cage).

(d)

The enclosed coop area where the chickens are kept shall be located within the rear yard (as defined in the Zoning Ordinance), not within the main building or any attached accessory buildings and shall be at least twenty feet from any dwelling and at least twenty feet from the rear or side lot lines.

(e)

Chickens shall not be allowed to roam the parcel or any public streets, land, alleys, vacant lots or other open or public places, or upon any third-party premises.

(f)

A maximum of six chickens may be kept per parcel.

(g)

Chickens that crow, roosters, guinea fowl, and all other fowl including ducks shall not be permitted.

(h)

The outdoor slaughtering of chickens is prohibited.

3.

Chicken coops shall be kept and maintained in a manner so as to minimize to the greatest extent possible any adverse impacts to the property on which they are kept, surrounding properties, and any other areas of the city, including, without limitation, dust, dirt, noise, odor, vermin, the attraction of other birds or animals, the potential spread of infection, disease or contamination or other health or safety hazards or nuisance conditions. All chicken coops shall:

(a)

Be constructed of permanent residential building materials suited for the purpose.

(b)

Be enclosed on all sides and from above.

(c)

Materials used to construct the enclosed areas shall exclude tarps, plastic, fabric, rubber, paper, cardboard, or other non-traditional building materials.

(d)

Be of sufficient size and design, and constructed of such material, so that it can be maintained in a clean, orderly, and sanitary condition.

(e)

Be kept, always, in a clean, orderly, and sanitary condition, in good repair, and in compliance with all applicable health and safety laws and regulations.

(f)

Be a maximum of eighty square feet in area and eight feet in height.

(g)

Contain sufficient square footage to allow the chicken housed within to move around freely and provide an interior height of at least six inches higher than the head of the chicken in the enclosure when the chicken is in the normal standing position. A run for chickens shall be of a length, width, and height to provide adequate space for an animal to exercise.

4.

All chickens shall be fed only within the confines of the chicken coop. All feed for the animals shall be stored in sealed containers that will prevent intrusion by insects, rodents, and other vermin.

5.

Litter must be regularly removed and properly disposed of in compliance with all local, state, and federal regulations.

6.

The keeping of chickens shall follow all other local, state, and federal regulations.

(Ord. 514. Passed 6-13-22.)

(p)

Gardening and the keeping of farm animals shall be considered customary to and commonly associated with the operation of permitted uses, provided that:

(1)

Such farm animals may be raised or kept for the owner's use on a lot of not less than one- and one-half acres in area.

(2)

One farm animal may be kept on a lot of not less than one and one-half acres, provided that the structure containing such use is located not less than 100 feet from all adjoining residential lot lines or any residence and that an additional on-half acre is provided for each additional farm animal.

(Ord. 514. Passed 6-13-22.)

(q)

Whoever violates or fails to comply with any of the provisions of Section 1280.04 is responsible for a Municipal Civil Infraction and shall be subject to the penalties provided in Section 202.99(a)(1) of the Administration Code.

(Ord. 514. Passed 6-13-22.)

(r)

Outdoor Furnaces. A wood, coal, or other combustible material burning furnace situated outside intended to provide heat and/or hot water to a structure shall be allowed in (AG) Agricultural, (R-1) Low-Density Residential, and (R-2) Single-Family Residence zoned districts only. The minimum lot size for outdoor furnaces shall be two and one-half acres.

Outdoor furnaces shall be setback from the side property line by at least 100 feet or located in the rear yard setback at least fifty feet from the property line. Outdoor furnaces and combustible materials used within it may be required to be screened dependent upon the view from neighboring property owners at the discretion of the Zoning Administrator.

(Ord. 228. Passed 12-13-93; Ord. 393. Passed 7-24-06; Ord. 514. Passed 6-13-22.)

No buildings, excluding farm structures, shall be razed until a permit has been obtained from the Building Inspector, who is hereby authorized to require a performance bond in any amount not to exceed one thousand dollars ($1,000) for each 1,000 square feet or fraction thereof of floor area of the building to be razed. Such bond shall be conditioned on the applicant completing the razing within such reasonable period as shall be prescribed in the permit and complying with such regulations as to health and safety as the Building Inspector or Council may, from time to time, prescribe, including filling of excavations and proper termination of utility connections.

(Ord. 195. Passed 4-9-90.)

The erection, construction, alteration or maintenance by public utilities or Municipal departments, boards or commissions of overhead or underground gas, electrical, steam or water distribution or transmission systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, poles and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utility or Municipal department, board or commission, or for the public health, safety or general welfare, shall be permitted as authorized or regulated by law and other ordinances of the City in any district, it being the intention hereof to except such erection, construction, alteration and maintenance from the application of this Zoning Code.

(Ord. 195. Passed 4-9-90.)

(a)

All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent property.

(b)

All materials or wastes which might cause fumes, odors or dust or which constitute a fire hazard or which may be edible by rodents or insects shall be stored outdoors only in closed containers and screened from the street or adjacent property.

(c)

No materials or wastes shall be deposited on the premises in such form or manner that they may be moved off the premises by natural causes or forces.

(d)

Waste materials shall not be allowed to accumulate on the premises in such manner as to be unsightly, constitute a fire hazard or contribute to unsanitary conditions.

(e)

All outdoor storage facilities for fuel, raw materials and products for every use as enumerated and limited herein located less than 100 feet from any other district shall be enclosed by a solid fence or wall not less than six nor more than ten feet in height.

(Ord. 195. Passed 4-9-90.)

No yard or lot existing at the effective date of this Zoning Code (Ordinance 195, passed April 4, 1990) shall be reduced in dimension or area below the minimum set forth herein. Yards or lots created after such effective date shall meet at least the minimum requirements for the district in which such yards or lots are located.

(Ord. 195. Passed 4-9-90.)

Every use shall be so operated that it is not obnoxious or dangerous by reason of heat, glare, fumes, odors, dust, noise or vibration beyond any boundary line of the lot or parcel of land on which the use is located.

(Ord. 195. Passed 4-9-90.)

(a)

Temporary Building or Yard Construction Materials and/or Equipment, Both Incidental and Necessary to Construction in the Zoning District. Each permit shall be valid for a period of not more than six calendar months and shall not be renewed for more than four successive six-month periods at the same location.

(b)

Temporary Offices Both Incidental and Necessary in a Zoning District. Each permit shall specify the location of the office and area and shall be valid for a period of not more than six calendar months and shall not be renewed for more than four successive six-month periods at the same location.

(Ord. 195. Passed 4-9-90.)

(a)

In any district, a detached accessory building may be erected detached from an existing permitted use building or it may be erected as an integral part of the existing permitted use building. When erected as an integral part of the permitted use building, it shall comply in all respects with the requirements of this Zoning Code applicable to the permitted use building.

(b)

One permitted detached accessory building shall not occupy more than thirty percent of any required rear yard space on any sized lot or exceed 576 square feet in platted subdivisions or on lots less than a half-acre, whichever figure is smaller.

(c)

Formula For Determining Allowable Square Footage in R-1, R-2, R-3:

•

Required rear yard space is calculated by the front footage of a property times its rear yard setback requirement times allowable percentage = gross allowable square footage for a detached accessory building space allowed on a lot. Example: One hundred feet of frontage (*) twenty-five feet of rear yard setback (*) thirty percent in a one-acre lot = 750 allowable gross square footage of detached accessory building. The required rear yard space formula will not apply to parcels under one-half acre.

•

Maximum allowable square footage (using the gross allowable square footage, formula) for half-acre to two acres is 768 square feet.

•

For parcels over two acres in the R-1, R-2, R-3 Residential Zoning Districts, the floor area of all accessory buildings shall not exceed a combined area of 1,200 square feet per acre of land and no unattached accessory building(s) shall exceed a total of 3,000 square feet on any sized parcel or twenty feet in height.

(Ord. 513. Passed 6-13-20.)

(d)

The distance between detached accessory buildings, garages, or the principal building shall not be less than ten feet.

(e)

Detached accessory buildings or garages shall be considered as attached to the principal building when the distance between structures is solidly covered by a breezeway, portico, covered colonnade or similar architectural device.

(f)

Accessory buildings attached through covered devices to the principal building must match the principal building in all facets of construction materials, rooflines, color, and have a peak height no more than eighty percent of the principal building peak height. Square footage may not exceed sixty percent of above grade, main floor living space of the home or 440 square feet, whichever is greater.

(g)

All roofs on detached accessory buildings must have at least a 4:12 pitch if over 150 square feet or match the principal building if the pitch on the principal building is less. Roof angles and roofing materials on detached accessory buildings must resemble the principal building on any size lot.

(h)

All building materials and color comprising the outside of a detached accessory building must match or be of similar composition or appearance as principal building materials if over 200 square feet.

(i)

No commercial activities may take place within a detached accessory structure.

(j)

Stables or barns are not subject to this ordinance in Agricultural Districts.

(Ord. 195. Passed 4-9-90; Ord. 372. Passed 10-27-03; Ord. 439. Passed 6-27-11; Ord. 507. Passed 7-12-21; Ord. 513. Passed 6-13-22.)

The height limitations elsewhere stipulated in this Zoning Code shall not apply to church spires, elevated water tanks, elevator penthouses, fire towers, cooling towers, grain elevators, grain or coal silos, gas holders, smoke stacks, flagpoles, radio and television towers, masts and aerials, monuments and similar structures requiring a greater height.

(Ord. 195. Passed 4-9-90.)

In all Residence Districts, not more than one principal building shall be placed on a lot of record.

(Ord. 195. Passed 4-9-90.)

In any Residence District where front yard setbacks on lots adjacent to the lot under consideration for building are either greater or less than the allowed front yard setback, the front yard setback shall be altered to be not less than the average setback of the two adjoining lots, provided that the depth of a front yard on any lot (in a Residence District) shall not be less than ten feet.

(Ord. 195. Passed 4-9-90.)

Buildings on lots having frontage on two nonintersecting streets shall have applicable front yards on both streets.

(Ord. 195. Passed 4-9-90.)

A side yard along the side street lot line of a corner lot which lot abuts in the rear, either directly or across an alley, the side lot line of another lot in any Residence District shall have a width of not less than one-half the required depth of the front yard on such other lot fronting the side street but not less than fifteen feet in any case.

(Ord. 195. Passed 4-9-90.)

All uses located in any zoning district shall tie into sanitary sewer and water service if the proposed use is located within 200 feet of a sanitary sewer and/or water line. In all other cases, a sanitation permit must be obtained from the County Department of Health, and before any structure may be occupied, a statement from the health offices shall be obtained certifying that waste disposal facilities and sanitation conform and comply with all applicable statutes and local regulations.

(Ord. 195. Passed 4-9-90.)

No sign, fence, landscaping, or other object shall be erected, placed, planted, or allowed to grow in such a manner as to obstruct the view of a vehicle driver approaching any intersection. Specifically, an area between two and one-half feet and eight feet above the established roadway grade, within a triangle formed by two roadway right-of-way lines and a line connecting them at points twenty-five feet from the intersection of the two right-of-way lines, shall remain cleat of any visual obstructions. In the case of a rounded corner, the twenty-five-foot distance shall be measured from the intersection of the two right-of-way lines extended.

(Ord. 195. Passed 4-9-90.)

A dwelling located on an individual lot or parcel is permitted if the following standards are met:

(a)

It complies with the minimum square footage requirements of this Zoning Code for the district in which it is located.

(b)

It complies, in all respects, with the B.O.C.A. National Building Code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any Federal or State standard or regulation for construction, and where such standard or regulation is different from that imposed by the B.O.C.A. National Building Code, such Federal or State standard or regulation shall apply.

(c)

All dwellings must be firmly attached to a permanent foundation constructed on the site, in accordance with the B.O.C.A. National Building Code, and must have a wall of the same perimeter dimensions as the dwelling, and must be constructed as required in the B.O.C.A. National Building Code for single-family dwellings.

(d)

If a dwelling is a mobile home, it shall be installed with the wheels removed. Additionally, no dwelling shall have any exposed towing mechanism, undercarriage or chassis.

(e)

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

(f)

The lot on which a dwelling is located must contain at least 450 square feet of enclosed storage capacity not including closets, attic or basement. The space may include an attached garage or detached accessory building or other structure.

(g)

All dwellings must be aesthetically compatible in design and appearance with other dwellings in the vicinity. The following standards shall be used in determining acceptable similarity in appearance between dwelling units:

(1)

The width of the main body of the dwelling unit shall be not less than twenty-four feet, as measured at the narrowest portion.

(2)

The pitch of the main roof shall be not less than four feet of rise for each twelve feet of horizontal run (4:12 pitch). In general any roofing material may be used that is a generally acceptable material if applied in a manner consistent with other dwellings in the vicinity.

(3)

The dwelling shall have a roof overhang of not less than six inches on all sides, or alternatively, window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling.

(4)

The dwelling shall have not fewer than two exterior doors, with the second one being at either the rear or the side of the dwelling. Steps to such exterior doors shall be provided where a difference in elevation exists between the bottom of the door and the ground.

(5)

Any material that is generally acceptable, as determined by comparison to dwelling units in the vicinity, may be used for exterior finish if applied in such a manner as to be similar in appearance. However, reflection from such exterior shall not be greater than from siding coated with clean, white, glossy exterior enamel.

(6)

The top plate of the front wall foundation of a dwelling shall not exceed twenty-four inches above the approved natural or engineered grade, nor shall any grade be altered in a manner as to cause adverse impacts to neighboring properties. Exception: The Zoning Administrator may waive the requirements of the front wall foundation height due to hardship not caused by the property owner.

The compatibility of design and appearance shall be determined in the first instance by the Planning Director upon review of the plans submitted for a particular dwelling, subject to appeal by an aggrieved party to the Board of Zoning Appeals within a period of fifteen days from the receipt of notice of the Planning Director's decision. A determination of compatibility shall be based on the standards set forth in this subsection as well as on the character, design and appearance of one or more residential dwellings, located outside of mobile home parks, within 2,000 feet of the subject dwelling where such area is developed with dwellings to the extent of not less than twenty percent of the lots situated in such area, or where the area is not so developed, on the character, design and appearance of one or more residential dwellings, located outside of mobile home parks, throughout the City. This provision shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour or relief from the common or standard designed home.

(h)

The dwelling contains no additions or rooms or other areas which are not constructed with workmanship similar in quality to the original structure, including permanent attachments to the principal structure and the construction of a foundation as required in this paragraph.

(i)

All dwellings must comply with all pertinent building and fire codes.

(j)

The standards in this paragraph do not apply to a mobile home located in a licensed mobile home park except to the extent required by State or Federal law or otherwise specifically required in the Ordinances of the City pertaining to such parks.

(k)

All construction required in this paragraph shall be commenced only after a building permit has been obtained in accordance with the applicable provisions and requirements of the B.O.C.A. National Building Code.

(Ord. 195. Passed 4-9-90; Ord. 322. Passed 8-9-99; Ord. 352. Passed 6-25-01; Ord. 379. Passed 1-10-05.)

(a)

Residential uses shall be permitted in the C-2 District in buildings of two stories in height or greater in which the primary use is a commercial business, provided that the residential use is on the second floor or above. However, in buildings used for mixed business and residential occupancy, no dwelling unit shall occupy any portion of the floor at ground level. The business uses may occupy any number of floors; however, no business use shall be located on the same floor as a residential use, and no business use shall be located on a floor above a floor used for residential purposes.

(b)

Apartment units shall comply with the minimum floor area requirements as established for multiple-family dwellings in the R-4 District as set forth in Section 1260.04(d).

(c)

Commercial businesses shall establish independent points of ingress and egress for the upper floor apartments and the primary business use.

(Ord. 288. Passed 1-13-97; Ord. 508. Passed 7-12-21.)

(a)

Pursuant to Section 6 of the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, as amended, marihuana establishments are prohibited within the boundaries of the city.

(b)

Marihuana facilities are prohibited within the boundaries of the city.

As used in this section, "marihuana establishment(s)" means that term as defined in the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, as amended, and "marihuana facility(ies)" means that term as defined in the Medical Marihuana Facilities Licensing Act, 2016 PA 281, as amended.

(Ord. 450. Passed 7-22-13; Ord. 485. Passed 2-11-19.)

(a)

Vehicle(s), as defined for purposes of the following regulations, include: cars, trucks, motorcycles, or any type of vehicle used for transporting people or goods and also recreational equipment such as; travel trailers, pickup campers or coaches, motorized dwellings, tent trailers, boats and boat trailers, trailers used for the transporting of recreational equipment.

(b)

The display of vehicle(s) for sale shall not become a commercial sale opportunity taking place over a period of longer than thirty days during any one calendar year (January through December) in any zoning district unless a Special Land Use has been obtained (if and where required) specifically for the commercial sale of a vehicle(s).

(c)

The use of required parking areas, in all zoning districts other than R1, R2, R3, for the storage or display of vehicle(s) for sale is prohibited, unless specifically approved by the City Planning Commission as part of site-plan review or by Special Use Permit.

(Ord. 457. Passed 3-10-14.)

(a)

Whoever violates or fails to comply with any of the provisions of Section 1280.22(a), (b), (c) is responsible for a Municipal civil infraction and shall be subject to the penalties provided in Section 202.99(b) and (c) of the Administration Code.

(Ord. 457. Passed 3-10-14.)

(a)

Purpose and Intent. The purpose of this section is to establish guidelines for siting solar energy systems with a nameplate capacity of less than fifty megawatts. The goals are as follows:

(1)

To promote the safe, effective, and efficient use of solar energy systems in order to reduce the consumption of fossil fuels in producing electricity.

(2)

To preserve and protect public health, safety, welfare, and quality of life by minimizing the potential adverse impacts of solar energy systems.

(3)

To establish standards and procedures by which the siting, design, engineering, installation, operation, and maintenance of solar energy systems shall be governed.

(b)

Applicability. This section applies to all solar energy systems with a nameplate capacity of less than fifty megawatts proposed to be installed after the effective date of the Ordinance codified in this section. Solar energy systems shall not be installed until a building permit has been issued.

(c)

General Requirements. The following shall apply to all solar energy systems with a nameplate capacity of less than fifty megawatts:

(1)

Permitted. Solar energy systems with a nameplate capacity of less than fifty megawatts shall be permitted as an accessory use in all zoning districts.

(2)

Code Compliance. All county, state, and federal requirements and regulations must be met, including, but not limited to, building, electrical, and fire codes.

(3)

Glare. Solar energy systems shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or public rights-of-way and not interfere with traffic or create a safety hazard off-site.

(4)

Operation. The solar energy system shall be installed, maintained, and used only in accordance with the manufacturer's specifications.

(5)

Batteries. When batteries are included as part of the solar energy system, they must be placed in a secure container or enclosure when in use, and when no longer used, shall be disposed of in accordance with applicable laws and regulations.

(6)

Inoperable Equipment. Solar energy equipment shall be repaired, replaced, or removed within three months of becoming nonfunctional.

(7)

Abandonment. Abandoned or unused solar energy equipment shall be removed by the property owner. All decommissioned materials must be removed from the City of Coopersville within one month of the completion of the removal process. No permanent storage or disposal of decommissioned solar energy equipment shall be permitted in the city.

(d)

Roof-Mounted Solar Energy Systems.

(1)

Placement. Roof-mounted solar energy systems may be mounted on the principal or accessory building.

(2)

Location. Roof-mounted solar energy systems shall be located on a rear or side facing roof, as seen from the fronting street, unless the applicant can demonstrate that such installation would be ineffective.

(3)

Height. The height of the building, plus the height of the roof-mounted equipment, shall not exceed the maximum height permitted for the building in the zoning district in question. If the equipment is mounted on a principal building, the maximum height for principal buildings shall apply. If the equipment is mounted on an accessory building, the maximum height for accessory buildings shall apply.

(4)

Projection. Roof-mounted equipment shall not project beyond the edge of the roof.

(e)

Wall-Mounted Solar Energy Systems.

(1)

Location. Wall-mounted solar energy systems shall not be located on walls facing a road, unless the applicant can demonstrate that such installation, is necessary for the effective operation of the system.

(2)

Appearance. Wall-mounted equipment shall not interfere with architectural details or window openings.

(f)

Ground-Mounted Solar Energy Systems.

(1)

Location. Ground-mounted solar energy systems shall only be located in the side or rear yard of a property.

(2)

Setback. Ground-mounted solar energy equipment must comply with all of the same setback requirements as accessory buildings for the zoning district in which the property is located.

(3)

Lot Coverage. The amount of land area covered by ground-mounted solar energy equipment shall be included when calculating lot coverage to ensure the maximum is not exceeded for the zoning district in which the property is located.

(4)

Height. The height of ground-mounted solar energy equipment shall not exceed fifteen feet when oriented at maximum tilt. Within commercial and industrial zoning districts, the height may be increased to twenty feet for any ground-mounted equipment that is more than fifty feet from a lot line.

(5)

Transmission Lines. All exterior power transmission lines and other utility wires associated with the solar energy system must be placed in a conduit and buried below the surface of the ground.

(6)

Clearance. Ground-mounted equipment shall not block any required parking areas, sidewalks, or walkways.

(7)

Screening. At least one of the following screening options shall be installed along all side and rear lot lines:

A.

Evergreen trees, planted in a staggered double row designed to form a dense visual screen while still allowing for healthy development of the trees. The trees must be at least six feet in height at the time of planting.

B.

A six-foot-tall opaque screening fence.

C.

Existing trees and landscaping that, in the opinion of the City, sufficiently screen the ground-mounted equipment up to a height of six feet, as viewed from neighboring properties.

(Ord. 535. Passed 4-8-24.)