(a)   No structure shall be erected, altered or moved into the City except in conformity with all of the regulations pertaining to such structure and pertaining to the district in which such structure is located or to be located.

   (b)   No structure shall be erected, altered or moved into the City without a permit authorizing such erection, alteration or movement having previously been issued.

   (c)   No permit shall be issued unless a site plan showing compliance with all of the requirements of this Zoning Code has been approved by the Building Official or, in the case of a use requiring approval of the Planning Commission, by such Commission. In the case of an existing structure, there must be a finding by the Building Official that the structure is in conformity with all existing ordinances and regulations, or that the alteration, after moving, will permit compliance with all such ordinances and regulations. However, nothing in this section shall prevent the issuance of a permit for a variance duly granted by the Board of Zoning Appeals.

   (d)   No structure shall hereafter be erected or altered to exceed the height or bulk, to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to have narrower or smaller rear yards, front yards, side yards or other open spaces than required by this Zoning Code, or in any other manner contrary to the provisions of this Zoning Code.

   (e)   No part of a yard, or other open space, or off-street parking or loading space, required for, or in connection with, any land use or structure, for the purpose of complying with this Zoning Code, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other land use or structure, except as otherwise specifically permitted under this Zoning Code.

   (f)   No yard or lot existing at the time of the passage of this Zoning Code shall be reduced in dimensions or area below the minimum requirements set forth in this Zoning Code. Yards or lots created after the effective date of this Zoning Code shall meet at least the minimum requirements established by this Zoning Code.

   (g)   No structure shall be constructed within a flood plain of any natural watercourse, such as to diminish the capacity of the flood plain to store run-off or to impede the free flow of such run-off.

(Res. 24-95. Passed 2-13-95; Ord. 2001-4. Passed 10-8-01.)

   Any structure for which a permit has been issued, and construction of the whole or a part of which has been started, or for which a contract has been entered into pursuant to a permit issued prior to the effective date of this Zoning Code may be completed and used in accordance with the plans and applications on which such permit was granted, provided that the construction permitted by such permit has been prosecuted and completed within one (1) year from the date of issuance of such permit and per the requirements of Section 1288.19.

(Res. 24-95. Passed 2-13-95; Ord. 2001-4. Passed 10-8-01.)

   (a)   Every one-family dwelling unit hereafter erected shall:

      (1)   With the exception of mobile homes in mobile home parks, have a minimum square footage based on the requirements of the zoning district where the dwelling is located.

      (2)   Have a minimum width across any section of twenty-four (24) feet and shall comply in all respects with the State Construction Code. Where a dwelling is required, by law, to comply with any Federal or State standards or regulations for construction, and where such standards or regulations allow standards of construction which are less stringent than those imposed by the State Construction Code; then, and in that event, the less stringent Federal or State standard or regulation shall apply.

      (3)   Be firmly attached to a permanent foundation constructed on the site in accordance with the State Construction Code and co-extensive with the perimeter of the building, which attachment shall also meet all applicable building codes and other State and Federal regulations.

      (4)   Not have exposed wheels, towing mechanism, undercarriage or chassis.

      (5)   Be connected to a public sewer and water supply or to such private facilities approved by the County Health Department.

      (6)   Contain a storage area, whether in a basement located under the dwelling, in an attic area, in closet areas or in a separate structure, being of standard construction similar to, or of better quality than, the principal dwelling. Such storage shall be in addition to the space for the storage of automobiles and shall be equal to not less than fifteen (15) percent of the minimum square footage requirement of this Zoning Code for the zone in which the dwelling is located. In no case, however, shall more than two hundred (200) square feet of storage area be required by this provision.

      (7)   Be aesthetically compatible in design and appearance with other residences in the vicinity, and with either a roof overhang of not less than six (6) inches on all sides, or alternatively with window sills and roof drainage systems concentrating roof drainage along the sides of the dwelling; with not less than one (1) exterior door being in the front of the dwelling and containing permanently attached steps connected to said exterior door area where a difference in elevation requires the same.

   The compatibility of design and appearance shall be determined in the first instance by the City Building Official upon review of the plans submitted for a particular dwelling, subject to appeal by an aggrieved applicant to the Board of Zoning Appeals within a period of fifteen (15) days from the receipt of notice of said Building Official's decision. Any determination of compatibility shall be based upon the following standards:

         A.   Architectural style is not restricted. Evaluation of the appearance of a project shall be based on the quality of its design and relationship to its surroundings.

         B.   Buildings shall have a good scale and be in harmonious conformance with permanent neighboring development.

         C.   Materials shall have good architectural character and shall be selected for harmony of the building with adjoining buildings.

         D.   Materials shall be selected for suitability to the type of buildings and the design in which they are used. Buildings shall have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways.

         E.   Materials shall be of durable quality.

         F.   In any design in which the structural frame is exposed to view, the structural materials shall be compatible within themselves and harmonious with their surroundings.

         G.   Building components, such as windows, doors, eaves, and parapets, shall have good proportions and relationships to one another.

         H.   Mechanical equipment or other utility hardware on roof, ground, or buildings shall be screened from public view with materials harmonious with the building, or they shall be so located as not to be visible from any public ways.

         I.   The roof overhang and pitch shall be comparable to the overhang and pitch of homes typically found in the surrounding area, provided the pitch of the roof shall not be less than one (1) foot of rise for each three (3) feet of horizontal run.

         J.   Any determination of compatibility shall be based upon the standards set forth in this section, as compared against the character, design, and appearance of one (1) or more residential dwellings located outside of mobile home parks within one thousand (1,000) feet of the subject dwelling, where such area is developed with dwellings to the extent of not less than twenty (20) percent of the lots situated within said area; or, where said area is not developed, by the character, design, and appearance of one (1) or more residential dwellings located outside of mobile home parks throughout the City. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the standard designed home.

      (8)   Comply with all pertinent building and fire codes. In the case of mobile homes, the standards for mobile home construction as contained in the United States Department of Housing and Urban Development (HUD) regulations entitled "Mobile Home Construction and Safety Standards," as amended, shall apply. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

   (b)   The foregoing standards shall 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 this Zoning Code pertaining to such parks.

   (c)   All construction required herein shall be commenced only after a building permit has been obtained in accordance with the applicable State Construction Code provisions and requirements.

(Res. 24-95. Passed 2-13-95.)

   Before any permit is issued under the provisions of this Zoning Code, the applicant shall obtain an endorsement in writing from the County Health Department or the Building Official approving his or her plans for any on-site sewage disposal system, which system shall be in accordance with State law, County regulations or these Codified Ordinances, whichever is the most restrictive, and in accordance with the applicable regulations of the Genesee County Sewage Disposal District No. 1.

(Res. 24-95. Passed 2-13-95; Ord. 2001-4. Passed 10-8-01.)

   (a)   Every building or structure hereafter erected or moved upon any premises and used in whole or in part for dwelling, recreational, business, commercial, or industrial purposes shall be provided with a safe, adequate and sanitary water supply. All plumbing work relating to the water supply system shall conform to the material and installation standards set forth in the State Plumbing Code.

   (b)   Where a public water system is not available, each fixture for which water for human consumption may be obtained shall be supplied from a system which meets the minimum requirements of the State, the County Health Department, the State Department of Health, or these Codified Ordinances, whichever is greater.

(Res. 24-95. Passed 2-13-95.)

   (a)   The excavation and removal of soil shall be permitted only under renewable annual permit, subject to the approval of the Planning Commission based on a finding that the proposed excavation operation and the conditions in which the excavation site will be left will not be detrimental to the surrounding land uses or to the public health, safety, morals and general welfare. However, the provisions of this subsection shall not apply to excavations for the construction of a structure for which a building permit has been issued.

   (b)   The sanitary landfill or the filling and grading of any lot shall be permitted only under a permit for a prescribed period of time, to be determined by the Commission, and upon a finding by the Commission that the proposed sanitary landfill filling or grading will not encroach upon an existing flood plain, will not adversely affect surface water drainage and will not be detrimental to surrounding land uses or to the public health, safety, morals, and general welfare.

   (c)   The Commission may require all documents necessary to make the foregoing finding and impose such conditions as it deems necessary to safeguard the public health, safety, morals, and general welfare.

   (d)   The findings of the Commission shall be made upon the review procedure outlined in Chapter 1262.

   (e)   The Commission shall establish the amount of a bond and require a posting of such bond, in favor of the City, holding the City free of all liability incidental to such excavation or sanitary landfill and to assure performance in accordance with the conditions required by the Commission.

(Res. 24-95. Passed 2-13-95.)

   (a)   Intent.

      (1)   It is the intent of this Zoning Code to permit existing, legal nonconforming lots, structures, and uses to continue until they are removed, but not to encourage their survival.

      (2)   It is recognized that there exists, within the districts established by this Zoning Code and subsequent amendments thereto, lots, structures, and uses of land and structures which were lawful before this Zoning Code was passed or amended which would be prohibited, regulated, or restricted under the terms of this Zoning Code or future amendments.

      (3)   Such uses are declared by this Zoning Code to be incompatible with permitted uses in the districts involved. It is further the intent of this Zoning Code that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

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

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

      (6)   Any nonconforming use which has ceased its usual conduct of business for a period of one (1) year or more shall be considered to have been terminated and may not thereafter commence operations.

      (7)   The use or occupancy of a nonconforming structure, which was a lawful structure at the time of the effective date of this Zoning Code, may be continued, provided that no enlargement, change or alteration shall be permitted upon such nonconforming structure, except upon a finding by the Building Official that such enlargement, change or alteration will bring such structure into conformity with this Zoning Code, and that the use within such structure is in conformity with the requirements of this Zoning Code; and provided, further, that no enlargement, change or alteration of a nonconforming structure housing a nonconforming use shall be permitted, except upon a finding by the Board of Zoning Appeals that such enlargement, change or alteration will permit greater compliance with the provisions of this Zoning Code and that adequate provisions, as required by the Board of Zoning Appeals, are installed or instituted to minimize the detrimental effects of the nonconforming use upon adjoining conforming uses.

   (b)   Nonconforming Lots. In any single-family district, notwithstanding limitations imposed by other provisions of this Zoning Code, a single-family dwelling and customary accessory buildings may be erected on any single lot of record which is under separate and distinct ownership from adjacent lots at the effective date of adoption or amendment of this Zoning Code. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the Board of Zoning Appeals.

   (c)   Nonconforming Uses of Land. Where, at the effective date of adoption or amendment of this Zoning Code, lawful use of land exists that is made no longer permissible under the terms of this Zoning Code as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

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

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

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

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

         A.   No such structure may be enlarged or altered in a way which increases its nonconformity. However, existing residences on lots of a width less than required herein may add a rear porch, provided that other requirements relative to the yard space and land coverage are met with the approval of the Board of Zoning Appeals.

         B.   Should such structure be destroyed by any means to an extent of more than fifty (50) percent of its replacement cost, exclusive of the foundation at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Zoning Code.

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

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

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

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

         C.   If no structural alterations are made, any nonconforming use of a structure, or structure and land in combination, may be changed to another nonconforming use of the same or more restricted classification provided that the Board of Zoning Appeals, either by general rule or by making findings in a specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Zoning Appeals may require conditions and safeguards in accordance with the purpose and intent of this Zoning Code. Where a nonconforming use of a structure, land, or structure and land in combination, is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use.

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

         E.   When a nonconforming use of a structure, or a structure and premises in combination, is discontinued or ceases to exist for twelve (12) consecutive months or eighteen (18) months during any three (3)-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses (one season out of each year) shall be excepted from this provision.

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

      (6)   Repairs and maintenance.

         A.   On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding sixty-five (65) percent of the assessed value of the building as determined by the most recent City record of assessment, provided that the cubic content of the building as it existed at the time of passage or amendment of this Zoning Code shall not be increased.

         B.   Nothing in this Zoning Code shall be deemed to prevent the strengthening or restoring or repair of normal wear and tear to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

      (7)   Conditional use interpretation. Any conditional use as provided for in this Zoning Code shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in such district.

      (8)   Change of tenancy or ownership. There may be a change of tenancy, ownership, or management of any existing nonconforming uses of land, structures, and premises, provided that there is no change in the nature or character of such nonconforming uses.

      (9)   Acquisition. The City Council may acquire, by purchase, condemnation, or otherwise, private property or an interest in private property for the removal of nonconforming uses. The cost and expense, or a portion thereof, of acquiring the private property may be paid from general funds or assessed to a special district in accordance with the applicable statutory provisions relating to the creation and operation of special assessment districts for public improvements in cities. The elimination of the nonconforming uses and structures in a zoning district is declared to be for a public purpose and for a public use. The City Council may institute and prosecute proceedings for condemnation of nonconforming uses and structures under the power of eminent domain in accordance with Act 149 of the Public Acts of 1911, as amended, being Sections 213.21 to 213.41 of the Michigan Compiled Laws or other applicable statute.

(Res. 24-95. Passed 2-13-95.)

   (a)   No cellar, garage or any incompletely constructed structure in use as a dwelling on the effective date of this Zoning Code shall be used as a dwelling for more than three (3) years following such date, unless such structure has been brought to a state of external completion in conformity with the provisions of this Zoning Code relative to dwellings in the district in which such structure is located.

   (b)   No such structure constructed after the effective date of this Zoning Code shall be used as a dwelling unless such structure has been completed as a dwelling and an occupancy permit has been issued for such structure.

(Res. 24-95. Passed 2-13-95.)

   (a)   Lot Measurements. No area shall be counted as accessory to more than one (1) principal structure or use, and no area necessary for compliance with the open space requirements for one (1) principal structure or use shall be included or counted in the calculation of the open space accessory to any other principal structure or use. In the determination of a land area where a structure is to be erected, altered or used, no road right-of-way shall be included in the computation of the required minimum land area.

      (1)   Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points to the side lot lines in front and the rear-most points of the side lot lines in the rear.

      (2)   Width of a lot shall be the distance along a straight line connecting side lot lines and measured across the lot, between side lot lines, at the required setback line. Side lot lines shall be as nearly perpendicular or radial to the street lines as practical.

      (3)   The front of a lot shall be the portion nearest the street and, for the purposes of determining yard requirements on corner lots, all sides of a lot adjacent to streets shall be considered frontage, and setbacks shall be provided as required in this Zoning Code.

   (b)   Yards. All front, side, and rear yard setbacks shall be the minimum distance, measured on a line perpendicular to the respective front, side, or rear lot line, to the nearest point of the principal structure, excluding all projections which project less than three (3) feet from the structure wall and which do not exceed four (4) feet in length.

      (1)   No fence or wall shall be permitted within any required front yard which materially impedes vision across such yard above the height of two (2) feet, and no hedge or other vegetation shall be permitted which materially impedes vision across such yard between heights of three (3) feet and eight (8) feet, all of which shall be measured from the existing grade at the base of such vegetation, provided, however, that this provision shall not affect any yard area where the natural ground elevation is more than four (4) feet above the centerline elevation.

      (2)   In the case of corner lots which do not have reversed frontage, the front yard requirements shall apply to all sides of the lot which abut a street.

      (3)   In any district where a lot runs through a block from street to street and where a front yard is required, such front yard shall be provided along each street lot line.

      (4)   In the case of through lots, side yards shall extend from the set-back lines of required front yards. In the case of corner lots, front yard requirements shall apply to each side of the lot which abuts a street. The rear yard shall be considered as that area adjacent to the side of the principal structure which is opposite to that side of the principal structure in which the main entrance is located.

      (5)   Width of a required side yard shall be measured in such a manner that the yard established is a strip of at least the minimum width required by district regulations.

      (6)   Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of at least the minimum width required by district regulations.

         A.   When the rear line of a corner lot abuts the side line of an adjoining lot in a Residential District, no accessory structure shall be within eight (8) feet of such abutting lot line or closer to the side street lot line than the front yard setback of the principal structure on the adjoining lot, but in no case shall the setback be less than twenty-five (25) feet.

         B.   When the rear line of a corner lot with reverse frontage abuts the side line of an adjoining lot in a Residential District, no accessory structure shall be within eight (8) feet of such abutting lot line or closer to the arterial side street lot line than the front yard setback of the principal structure on the adjoining lot.

(Res. 24-95. Passed 2-13-95; Ord. 2022-10. Passed12-12-22.)

   (a)   Yard and Lot Area Requirements. Lot area and yard requirements of this Zoning Code may be changed upon the approval of a variance by the Board of Zoning Appeals, in accordance with the provisions of Chapter 1264, subject to the following provisions:

      (1)   Lot width. A single-family dwelling may be constructed on any officially platted and recorded lot which is less than the minimum width required by this Zoning Code if the structure and setbacks comply with all other requirements of this Zoning Code.

      (2)   Lot area. A single-family dwelling may be constructed on any officially platted and recorded lot which has less than the minimum area required by this Zoning Code if the structure and setbacks comply with all other requirements of this Zoning Code.

      (3)   Front yards. In all Residential Districts, the front yard requirement shall not be less than the average depth of existing developed front yards on lots within two hundred (200) feet of such lot and within the same block face.

      (4)   Side yards. The required combined width of side yards on lots existing prior to the effective date of this Zoning Code, and with a width of less than that specified in the Residential District provisions affecting the district in which such lot is located, may be reduced six (6) inches for each foot or major fraction thereof by which the width of such lot is less than the required district provisions, provided that the minimum side yard shall not be less than five (5) feet and the combined width of both side yards shall not be less than fifteen (15) feet.

      (5)   Rear yards. Any platted and recorded lot with less than one hundred ten (110) feet of depth and located in a Residential District may have three (3) inches deducted from the required rear yard depth for every foot the lot is less than one hundred ten (110) feet deep, provided that no rear yard shall be less than twenty (20) feet.

   (b)   Essential Services. Essential services serving the City of Davison shall be permitted as authorized and regulated by law and applicable ordinances of the Municipality. Overhead or underground lines and necessary poles and towers proposed to be erected to service primarily those areas beyond the Municipality shall require the review and approval, after a public hearing, of the City Council acting in the capacity of appeal board. Such review shall consider abutting property and uses as they relate to easements, rights-of-way, overhead lines, poles and towers and, further, shall consider injurious effects on property abutting or adjacent thereto and on the orderly appearance of the City of Davison.

   (c)   Voting Places. The provisions of this Zoning Code shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a Municipal or other public election.

   (d)   Height Limits. The height limitations of this Zoning Code shall not apply to farm buildings, chimneys, church spires, flag poles, public monuments, or television receiving antennae for personal use; provided, however, that the City Council may specify a height limit for any such structure when such structure requires authorization as a conditional use.

   (e)   Yard Regulations. When yard regulations cannot reasonably be complied with, or where their application cannot be determined on lots of peculiar shape, topography or due to architectural or site arrangement, such regulations may be modified as determined by the Board of Zoning Appeals.

   (f)   Porches. An open, unenclosed, porch or paved terrace may project into a front yard for a distance not exceeding ten (10) feet or one-half (1/2) the distance to the right-of-way line, whichever is less.

   (g)   Projections Into Yards. Architectural features, not including vertical projections, may extend or project into a required side yard not more than three (3) inches for each one (1) foot of width of such side yard; and may extend or project into a required front yard or rear yard not more than three (3) feet.

   (h)   Access Through Yards. For the purpose of this Zoning Code, access drives may be placed in the required front or side yards so as to provide access to rear yards or accessory or attached structures. These drives shall not be considered as structural violations in front and side yards. Further, any walk, terrace, or other pavement servicing a like function, and not in excess of nine (9) inches above the grade upon which placed, shall, for the purpose of this Zoning Code, not be considered to be a structure, and shall be permitted in any required yard.

(Res. 24-95. Passed 2-13-95.)

      (1)   No part of a detached accessory structure shall be less than sixty (60) feet from any front lot line when the adjoining lot is located in a Residential District.

      (2)   Accessory structures may be erected as a part of or connected to the principal structure but in either case shall be considered a part of the principal structure provided that all yard requirements for a principal structure are complied with.

      (3)   Accessory structures are subject to the requirements of Chapter 1262, Sections 1262.04 to 1262.14.

      (1)   In all Residential Districts there shall be allowed not more than two (2) accessory structures per lot of record, one (1) to be used as an attached or detached garage.

      (2)   Accessory structures shall not be constructed where the total lot building coverage for all buildings exceeds the maximum lot coverage as allowed in each of the zoning districts. Accessory structures also shall not occupy more than twenty-five (25) percent of a required rear yard. The total area of all accessory structures combined shall comply with the following:

         A.   For lots less than or equal to one (1) acre in size, the total area of all accessory structures combined shall not exceed the ground floor area of the principal structure.

         B.   For lots greater than one (1) acre in size, the total area of all accessory structures combined shall not exceed 2,000 square feet in area.

      (3)   Where an accessory structure is structurally attached in any way to the main or principal building it shall be subject to, and must conform with all regulations of this Zoning Code applicable to the principal structure.

      (4)   Any accessory structure, except those buildings used as a garage and attached to the principal structure shall be built in the rear yard area.

      (5)   Detached accessory structures shall be located a minimum of six (6) feet from any other structure on the same lot and shall be located a minimum of five (5) feet from any lot line.

      (6)   When the rear line of a corner lot abuts the side line of an adjoining lot in a Residential District, no accessory structure shall be within eight (8) feet of such abutting lot line or closer to the side street lot line than the front yard setback of the principal structure on the adjoining lot, but in no case shall the setback be less than twenty-five (25) feet.

      (7)   When the rear line of a corner lot abuts the rear line of any other lot or is directly across an alley therefrom, no accessory structure shall be closer to the side street lot line of the corner lot than the side street yard setback of the principal structure on the corner lot, but in no case shall the setback be less than twenty-five (25) feet.

      (8)   Detached accessory structures shall not exceed eighteen (18) feet in height.

      (9)   An accessory structure being used as an attached or detached garage or a portion thereof may be rented or leased for not more than one (1) motor vehicle (noncommercial type only) to a person not a resident of the dwelling on the lot.

      (10)   Accessory structures without a principal building.

         A.   An accessory structure shall not be constructed on a lot without a principal building.

         B.   A principal building must be substantially completed prior to commencement of construction of an accessory structure, unless an accessory structure is part of the approved site plan which includes a principal building. The principal building is considered substantially completed following the approval of a rough-in inspection.

(Res. 24-95. Passed 2-13-95; Ord. 98-2. Passed 6-22-98; Ord. 2001-3. Passed 10-8-01; Ord. 2024-03. Passed 3-11-24.)

   There shall be a clear vision zone at all corners of intersecting roads, road junctions, marginal access drives consisting of a triangular area defined by the point of intersection of the right-of-way lines and the two (2) points extended along such lines a distance of twenty-five (25) feet from the point of intersection, within which area no obstruction to vision, excluding existing topography, shall be permitted from a height of two (2) feet to eight (8) feet above the centerline elevation of abutting streets, except that not more than two (2) trees with trunks of not more than thirty (30) inches in diameter each, and clear of any branches for such heights, may be located within such area. However, this section shall not prohibit the requirement of a greater clear vision area where the same is necessary in view of permitted traffic, anticipated traffic volumes or geographic conditions. (See Section 1288.22(c)(7) for additional requirements.)

(Res. 24-95. Passed 2-13-95.)

   (a)   All structures shall be constructed or located with a ground elevation such as to provide a sloping grade to cause the surface drainage to flow away from the walls of such structures.

   (b)   Grades on any lot upon which new construction or earth movement is to be carried out shall be related to existing grades and drainage systems such as to provide adequate drainage and not jeopardize such existing drainage systems. Such grades shall be approved in advance by the Building Official and such other authorities having jurisdiction over the system. Drawings and/or maps showing both existing and proposed elevations and grades shall be submitted in duplicate as the basis for approval. One (1) signed, approved copy shall be retained by the City and one (1) returned to the applicant in all such cases.

(Res. 24-95. Passed 2-13-95.)

   (a)   Curb cuts and driveways may be located only upon approval by the City Manager, or his or her designee, and such other County and State authorities as are required by law. However, such approval shall not be given where such curb cuts and driveways will cause an unreasonable increase in traffic hazards or violate the clear vision zone requirements of Section 1288.12.

   (b)   Curb cuts and driveway aprons shall comply with Chapters 1020 and 1026 of these Codified Ordinances.

   (c)   All driveways and driveway aprons shall be constructed of concrete or bituminous material.

   (d)   Residential driveways shall comply with the following requirements:

      (1)   Driveways shall lead directly from a public street to a garage, carport, or off-street parking space or area.

      (2)   A driveway that serves a one vehicle garage, carport, or parking area shall not exceed eleven (11) feet in width measured at the property line. If an additional parking pad is provided as allowed by Section 1290.05(d), the driveway may be widened to fourteen (14) feet measured at the property line. The access drive for the parking pad must taper down to the fourteen (14)-foot width at the property line.

      (3)   A driveway that serves a two vehicle garage, carport, or parking area shall not exceed twenty-two (22) feet in width measured at the property line. If an additional parking pad is provided as allowed by Section 1290.05(d), the driveway may be widened to twenty-six (26) feet measured at the property line. The access drive for the parking pad must taper down to the twenty-six (26)-foot width at the property line.

      (4)   A driveway that serves a three or more vehicle garage, carport, or parking area or combination thereof shall not exceed twenty-six (26) feet in width measured at the property line. If an additional parking pad is provided as allowed by Section 1290.05(d), the access drive for the parking pad must taper down to the twenty-six (26)-foot width at the property line.

(Ord. 96-1. Passed 2-12-96; Ord. 2003-17. Passed 3-24-03.)

   Nothing in this Zoning Code shall prohibit the use of a mobile home upon a lot while construction is diligently pursued upon a residence meeting all requirements of this Zoning Code. However, all health requirements affecting the provision of water and sanitary sewer services must be complied with and approved by the Board of Zoning Appeals. Further, all such construction must be completed within one (1) year from the date of the issuance of the building permit. Further, nothing in this section or in this Zoning Code shall permit the occupancy of a cellar without a complete residential structure thereon sufficient to permit the issuance of an occupancy permit, except as otherwise specifically provided.

(Res. 24-95. Passed 2-13-95.)

   Nothing in this Zoning Code shall permit the storage or parking of any vehicle or nonpermanent structure within the required front yard of any lot within a Residential District, except that the parking of a licensed operable passenger vehicle on a driveway located on private property is permitted.

(Res. 24-95. Passed 2-13-95.)

   A home occupation may be permitted within a single-family residential dwelling, subject to the following conditions:

   (a)   No person, other than members of the family residing on the premises, shall be engaged in such occupation.

   (b)   The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used for the purposes of the home occupation, and the home occupation shall be carried out completely within such dwelling.

   (c)   There shall be no change in the outside appearance of the structure or premises, or other visible evidence of the conduct of such home occupation, other than one (1) sign not exceeding two (2) square feet in area, non-illuminated, and mounted flat against the wall of the dwelling.

   (d)   No home occupation shall be conducted in an accessory structure or any area other than the principal dwelling.

   (e)   There shall be no sale of any goods manufactured elsewhere in connection with such home occupation.

   (f)   No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be provided by an off-street area, located other than in a required front yard.

   (g)   No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses of persons off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference with any radio or television receiver off the premises, or which causes fluctuations in line voltage off the premises.

(Res. 24-95. Passed 2-13-95.)

   (a)   Temporary sales and promotions, such as the following, for a period of ten (10) days or less, shall be submitted to the City Manager describing the event, area and dates requested for approval by the City Council:

      (1)   Festivals.

      (2)   Sidewalk sales.

      (3)   Tent sales.

      (4)   Canvassing of area or areas.

      (5)   Soliciting for funds or goods.

   (b)   All temporary sales or promotions, such as the following, for more than ten (10) days, shall be reviewed and approved by the Zoning Board of Appeals per the requirements of Section 1264.05: For annual reoccurring temporary tent sales being held at the same location during the same time frame each year, with the same general products for sale, a variance and permit application may be valid for two consecutive years upon approval. No changes may be made in reference to any information listed on the permit and variance application.

      (1)   Produce sales.

      (2)   Christmas tree sales.

      (3)   Tent sales of more than ten (10) days duration.

      (4)   Any activity that requires the use of any lot or parcel of land within the City for a temporary use.

(Res. 2007-02. Passed 7-11-07; Ord. 2023-06. Passed 7-24-23.)

   All structures shall be completed on the outside in conformity with the Building Code and with finish materials such as wood, brick, brick veneer, shingles, concrete or similar performance-tested materials, within one (1) year after construction is started, unless an extension for not more than one (1) additional year is granted by the Building Official as provided elsewhere in this Zoning Code. When a part of the building is ready for occupancy, a temporary occupancy permit may be issued, provided that the premises comply with health and fire standards of this Zoning Code or any other part of these Codified Ordinances or any other applicable regulation or statute. Furthermore, the applicant shall supply an irrevocable bank letter of credit acceptable to the City covering the estimated cost of completion of construction to the Treasurer of the City to ensure faithful completion of the project. The City shall return the letter of credit or bond upon verification by the Building Official that all work has been satisfactorily completed.

(Res. 24-95. Passed 2-13-95.)

   (a)   Intent. Typically, various land use activities are provided for in one (1) or more zoning districts. The criteria for such allocations are based upon similarities in the nature of uses and their relationship to other such uses and adjoining development. Zoning districts are also established to coordinate with and provide for the effectuation of the City's long-range development plan.

   The City does, however, possess various existing specialized structures which have become functionally obsolete for their original purpose and whose redevelopment or conversion in conformance with the City of Davison Master Plan would be unnecessarily burdensome. It is therefore the intent of this section to set forth the basic qualifying criteria, project classification, development standards, and submittal requirements necessary to provide for the adaptive reuse of eligible properties within the City to support the local economic and employment base without adversely affecting the public health, safety, and welfare of the City as a whole.

   (b)   Qualifying Criteria.

      (1)   The City Council shall approve the adaptive reuse of nonresidential buildings and uses. In qualifying a site for adaptive reuse, the City Council shall find the following conditions to exist:

         A.   The subject site is zoned in compliance with the City of Davison Master Plan;

         B.   The use can no longer be reasonably continued for its existing purpose by reason of market conditions or operational constraints (i.e., limited site size, floor area deficiencies, parking or loading area, etc.);

         C.   Site redevelopment in accordance with local development codes would be unnecessarily burdensome by reason of ordinance compliance (restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot) or cost; and

         D.   The subject site has frontage on, or direct access to, an improved major or secondary thoroughfare.

      (2)   The City Council may not grant adaptive reuse status to any property whose principal structures are found to be destroyed by any means to the extent of more than sixty (60) percent of its replacement cost. Any subsequent use of such land shall conform to the regulations of the zoning district in which it is located.

   (c)   Data Required.

      (1)   Application for an adaptive reuse project as provided under the provisions of this Zoning Code shall be made to the Building Official by filing an application form; submitting required data, exhibits, and information; and depositing the required fee as established by resolution of the City Council, and as may be amended from time to time. No portion of such fee shall be reimbursable to the applicant.

      (2)   An application shall contain the following:

         A.   The applicant's name, address, and telephone number.

         B.   The address and tax description number of the subject parcel.

         C.   A signed statement that the applicant is the owner of the subject parcel, or is acting as the owner's representative.

         D.   A certified survey drawing of the subject parcel.

         E.   Supporting statements, evidence, data, information and exhibits which address those qualifying criteria for assessing special condition use permit applications outlined in subsection (b) hereof.

   (d)   Public Hearing Requirements. Upon receipt of an application for an adaptive reuse project, the Planning Commission shall hold a public hearing, one (1) notice of which shall be published not less than five (5) nor more than fifteen (15) days prior to the public hearing date in a newspaper of general circulation in the City and sent by first class mail to the owners of the property for which an adaptive reuse project is being considered, to the owners of record of all real property and to the occupants of all structures located within three hundred (300) feet of the boundaries of the property in question. The notice shall:

         A.   Describe the nature of the adaptive reuse request.

         B.   Adequately describe the property in question.

         C.   State the date, time, and place of the public hearing.

         D.   Indicate when and where written comments concerning the request will be received.

   (e)   Project Classification.

      (1)   Upon holding a public hearing and receipt of the recommendations by the City administration, the Planning Commission shall determine whether the qualifying criteria have been met as set forth in subsection (b) hereof.

         The Planning Commission shall, within thirty (30) days of making such determination, forward to the City Council its finding and recommendation.

      (2)   The City Council, upon receipt of the finding, may table action for purposes of further study or gaining additional information, deny the application for adaptive reuse upon finding that the criteria have not been met, or approve the application for adaptive reuse upon finding that the qualifying criteria have been met.

      (3)   If the applicant for adaptive reuse is approved, the City Council shall designate the applicant's property as either a Class I or Class II site.

         A.   Class I sites permit the conversion of institutional or business uses in residential zones. Properties may be redeveloped and/or converted to offices, multifamily developments, care facilities and similar uses deemed no more objectionable then the aforementioned uses.

         B.   Class II sites permit the conversion of industrial uses in residential or commercial zones. Properties may be redeveloped and/or converted to any Class I purpose, business uses, as well as less intensive industrial development in areas zoned for business.

   (f)   Development Standards.

      (1)   In areas meeting the above criteria, development standards governing setbacks, building height, minimum lot sizes, and lot coverage may be modified by the Planning Commission upon finding adequate evidence that the proposed use:

         A.   Will be compatibly designed, constructed and maintained with the existing and intended character of the vicinity;

         B.   Will not be hazardous or disturbing to existing or future neighboring uses;

         C.   Will be served adequately by essential public services and facilities or the agencies responsible for the establishment of the proposed use shall be able to adequately provide for such services; and

         D.   Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any person, property, or the general welfare by reason of excessive smoke, fumes, glare, noise, vibration, or odor.

      (2)   The Planning Commission may require such additional safeguards as deemed necessary for the protection of the general welfare and for insuring individual property rights and for insuring that the intent and objectives of this Zoning Code will be observed.

   (g)   Site Plan Requirements. Site plan approval shall be required in accordance with Chapter 1262 of this Zoning Code and all applicable ordinances. The Planning Commission may, at its discretion, concurrently review the site plan at the time of its review of qualifying criteria.

   (h)   Design Review Requirements. Design review approval shall be required in accordance with Chapter 1263.

(Res. 24-95. Passed 2-13-95.)

   (a)   Storage of recreational vehicles is permitted on property that is zoned or used for residential purposes when a principal building is on site when said vehicle(s) are located:

      (1)   In the rear yard.

      (2)   In the side yard, when parked on an approved surface limited to asphalt, concrete, or pavers, as approved by the Building Official. This surface is not the same as the paved parking pad described in Section 1290.05(d) and is not applicable to the storage of recreational vehicles.

      (3)   In the front yard, only when adequate ingress and egress is not available because of a permanent difficulty to the side or rear yard setback area, as determined by the Building Official. In these cases, storage may be allowed in the side yard area extending beyond the front building line, however, not within twenty (20) feet of the road right-of-way (see illustration below). A surface, described above in paragraph (a)(2), is required.

   (b)    In required rear yard areas, recreational vehicles may be stored or parked, provided there is adequate ingress and egress available or potentially available, on either a public or private right-of-way.

   (c)   In the side yard areas, the storage of recreational vehicles is limited to two (2), provided there is adequate ingress and egress available or potentially available, on either a public or private right-of-way.

   (d)   In all cases, a minimum of three (3) feet of side and rear yard shall be maintained between the recreational vehicle and the side and rear lot line(s).

   (e)   Recreational vehicles shall not have fixed connections to electricity, water, gas or sanitary sewerage, and at no time shall such equipment be used for living, sleeping, or housekeeping purposes.

   (f)   The storage of recreational vehicles shall be limited to only those vehicles owned by, and licensed or registered to, the occupant of the lot or parcel on which the vehicle is stored.

   (g)   All recreational vehicles shall be maintained in good condition, shall be operable, and shall have a current license or registration, issued by a state in prominent display to be considered licensed.

   (h)   In the case of multiple-family dwelling complexes and mobile home parks, the Planning Commission, after site plan review, may require that a screened area, in addition to required off-street parking spaces, be provided on the site for the parking and storage of recreational vehicles.

(Res. 2007-02. Passed 7-11-07; Ord. 2024-03. Passed 3-11-24.)

   (a)   Intent. Landscaping, greenbelts, and screening are necessary for the protection and enhancement of the environment and for the continued vitality of all land uses in the City. Landscaping and greenbelts are capable of enhancing the visual environment, preserving natural features, improving property values, and alleviating the impact of noise, traffic, and visual disruption related to intensive uses. Screening is important to protect less intensive uses from the noise, light, traffic, litter and other impacts of intensive nonresidential uses. The purpose of this section is to set minimum standards for the protection and enhancement of the environment through requirements for the design and use of landscaping, greenbelts, and screening.

   (b)   Scope of Application. The requirements set forth in this section shall apply to all uses, lots, sites, and parcels requiring site plan review which are developed or expanded following the effective date of this Zoning Code. No site plan shall be approved unless said site plan shows landscaping consistent with the provisions of this section. Furthermore, where landscaping is required, a building permit shall not be issued until the required landscape plan is submitted and approved, and a certificate of occupancy shall not be issued unless provisions set forth in this section have been met or a performance bond has been posted in accordance with the provisions set forth in Section 1262.14.

   In cases where the use of an existing building changes or an existing building is changed or otherwise altered or re-occupied, all of the standards set forth herein shall be met.

   The requirements of this section are minimum requirements, and nothing herein shall preclude a developer and the City from agreeing to more extensive landscaping.

   (c)   Landscaping Design Standards. Except as otherwise specified in the general requirements for each zoning district, all landscaping shall conform to the following standards:

      (1)   General landscaping. All developed portions of the site shall conform to the following general landscaping standards, except where specific landscape elements, such as a greenbelt, berms, or screening, are required:

         A.   All portions of the landscaped area shall be planted with grass, ground cover, shrubbery, or other suitable plant material, except that paved patios, terraces, sidewalks and similar site features may be incorporated with Planning Commission approval.

         B.   A mixture of evergreen and deciduous trees shall be planted at the rate of one (1) tree for each three thousand (3,000) square feet or portion thereof of landscaped open-space area.

         C.   Required trees and shrubs may be planted at uniform intervals, at random, or in groupings.

         D.   In consideration of the overall design and impact of the landscape plan, the Planning Commission may reduce or waive the requirements outlined herein for general landscaping, or for landscaping in greenbelt areas, on berms, or as part of a screen, provided that any such adjustment is in keeping with the intent of this Zoning Code, and, more specifically, with the intent of subsection (a) hereof, and upon a finding that the existing vegetation to be maintained on the site generally accomplishes the same effect in accordance with this subsection.

         E.   The total landscaped area shall be the basis for determining the required number of trees or shrubs, irrespective of the portion which is devoted to patios, terraces, sidewalks, or other site features.

      (2)   Greenbelt buffer. Where required, greenbelts and greenbelt buffers shall conform to the following standards:

         A.   A required greenbelt or greenbelt buffer may be interrupted only to provide for roads or driveways for vehicular access.

         B.   Grass, ground cover, or other suitable live plant material shall be planted over the entire greenbelt area, except that paving may be used in areas of intensive pedestrian circulation.

         C.   A minimum of one (1) deciduous tree or evergreen tree shall be planted for each fifty (50) linear feet or portion thereof of required greenbelt length. Required trees may be planted at uniform intervals, at random, or in groupings.

         D.   For the purpose of determining required plant material, required greenbelt area length shall be measured along the periphery of the greenbelt area.

      (3)   Berms. Where required, earth berms or landscaped berms shall conform to the following standards:

         A.   The berm shall be at least three (3) feet above the grade elevation, and shall be constructed with slopes no steeper than one (1) foot vertical for each four (4) feet horizontal with at least a two (2)-foot flat area on the top. For the purposes of this provision, grade elevation shall be the ground elevation at the property line adjacent to the proposed berm.

         B.   The berm area shall be planted with grass or other suitable ground cover to ensure that it withstands wind and weather and retains its height and shape.

         C.   A minimum of one (1) deciduous or evergreen tree shall be planted for each fifty (50) linear feet or portion of required berm.

         D.   Eight (8) shrubs per tree may be planted as substitutes for trees required in paragraph (c)(3)C. hereof.

         E.   Required trees and shrubs may be planted at uniform intervals, at random, or in groupings.

         F.   For the purpose of determining required plant material, required berm length shall be measured along the exterior periphery of the berm.

         G.   Berms shall not disrupt the natural flow of water/runoff.

      (4)   Parking lot landscaping. Off-street parking areas shall be landscaped as follows:

         A.   In off-street parking areas containing greater than twenty (20) spaces, at least five (5) percent of the total parking area shall be used for interior landscaping. Whenever possible, parking lot landscaping shall be arranged to improve the safety of pedestrian and vehicular traffic, guide traffic movement, and improve the appearance of the parking area.

         B.   Parking lot landscaping shall be no less than five (5) feet in any single dimension and no less than one hundred fifty (150) square feet in any single area and shall be protected from parking areas with curbing or other permanent means to prevent vehicular encroachment onto the landscaped areas.

         C.   The landscape plan shall designate the sizes, quantities, and types of plant material to be used in parking lot landscaping.

         D.   Required landscaping elsewhere on the parcel shall not be counted in meeting the parking lot landscaping requirements.

         E.   A minimum of one (1) deciduous tree shall be planted in each landscaped area.

      (5)   Evergreen screening. Where required, evergreen screening shall consist of closely-spaced plantings which form a complete visual barrier that is at least six (6) feet above ground level within five (5) years of planting.

      (6)   Landscaping of rights-of-way and other adjacent public open space areas. Public rights-of-way and other public open-space areas adjacent to required landscaped areas and greenbelts shall be planted with grass or other suitable ground cover and maintained by the owner of the adjacent property as if they were part of required landscaped areas and greenbelts.

      (7)   Regulations pertaining to landscaping areas used for sight distance (clear vision zone). When a driveway intersects a public right-of-way or when the subject property abuts the intersection of public rights-of-way, all landscaping within the corner triangular areas described below shall permit unobstructed cross-visibility. Shrubs located in the triangular area shall not be permitted to grow to a height of more than twenty-four (24) inches above the centerline elevation of abutting pavement. Portions of required berms located within sight distance triangular areas shall not exceed a height of twenty-four (24) inches above the centerline elevation of abutting pavement. Trees may be maintained in this area provided that all branches are trimmed to maintain a clear vision for a vertical height of eight (8) feet above the roadway surface, except that not more than two (2) trees with trunks of not more than thirty (30) inches in diameter each, and clear of any branches for such heights, may be located within such area. Landscaping, except grass or ground cover, shall not be located closer than three (3) feet from the edge of a driveway.

            The triangular areas referred to above are:

         A.   The area formed at the corner intersection of a public right-of-way and a driveway, two (2) sides of the triangle area being ten (10) feet in length measured along the right-of-way line and driveway line and the third side being a line connecting these two (2) sides.

         B.   The area formed at a corner intersection of two (2) public right-of-way lines, the two (2) sides of the triangular area being twenty-five (25) feet in length measured along the abutting public right-of-way lines and the third side being a line connecting these two (2) sides.

(Res. 24-95. Passed 2-13-95.)

   Whenever in this Zoning Code planting is required, such plantings shall be planted within one (1) year from the date of completion of the building or improvement, and shall thereafter be reasonably maintained with permanent plant materials.

   (a)   Plant Material Spacing.

      (1)   Plant materials shall not be placed closer than four (4) feet from the fence line or property line.

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

      (3)   Evergreen trees shall be planted not more than thirty (30) feet on centers.

      (4)   Narrow evergreens shall be planted not more than three (3) feet on centers.

      (5)   Deciduous trees shall be planted not more than thirty (30) feet on centers.

      (6)   Tree-like shrubs shall be planted not more than ten (10) feet on centers.

      (7)   Large deciduous shrubs shall be planted not more than four (4) feet on centers.

   (b)   Suggested Plant Materials. The following plant materials are suggested for use in the City:

      (1)   Evergreen trees (minimum height - five (5) ft.):

         A.   Juniper

         B.   Hemlock

         C.   Fir

         D.   Pine

         E.   Spruce

         F.   Douglas Fir

      (2)   Narrow evergreens (minimum height - five (5) ft.):

         A.   Column Honoki Cypress

         B.   Blue Columnar Chinese Juniper

         C.   Pyramidal Red-Cedar

         D.   Swiss Stone Pine

         E.   Pyramidal White Pine

         F.   Irish Yew

         G.   Douglas Arborvitae

         H.   Columnar Giant Arborvitae

      (3)   Tree-like shrubs (minimum height - six (6) ft.):

         A.   Flowering Crab

         B.   Russian Olive

         C.   Mountain Ash

         D.   Dogwood

         E.   Redbud

         F.   Rose of Sharon

         G.   Hornbeam

         H.   Hawthorn

         I.   Magnolia

      (4)   Large deciduous shrubs (minimum height - six (6) ft.):

         A.   Honeysuckle

         B.   Viburnum

         C.   Mock-Orange

         D.   Forsythia

         E.   Lilac

         F.   Ninebark

         G.   Cotoneaster

         H.   Hazelnut

         I.   Euonymus

         J.   Privet

         K.   Buckthorn

         L.   Sumac

   (c)   Trees Not Permitted. The following trees shall not be permitted in the City:

      (1)   Box Elders

      (2)   Soft Maples (Red-Silver)

      (3)   Slippery Elms

      (4)   Poplars

      (5)   Willows

      (6)   Horse Chestnut (Nut Bearing)

      (7)   Tree of Heaven

      (8)   Catalpa

      (9)   Ginkgo (Female).

   (d)   Existing Plant Materials. In instances where healthy plant material exists on a site prior to its development, the Planning Commission may adjust the application of the above standards to allow credit for such plant material if such an adjustment is in keeping with, and will preserve, the intent of this section.

      All existing plant materials must first be inspected by the City Forester to determine the health and desirability of such materials. In the event plant materials are to be saved, prior approval must be obtained from the Building Official before any delimbing, root pruning, or other work is done.

      If such existing plant material is labeled "to be saved" on site plans, protective techniques, such as (but not limited to) fencing placed at the drip-line around the perimeter of the plant material, shall be installed. No vehicle or other construction equipment shall be parked or stored within the drip-line of any plant material intended to be saved.

      In the event that healthy trees labeled "to be saved" on the approved site plan are destroyed or damaged, as determined by the City Forester, the owner, developer, or contractor shall replace said trees with trees of comparable type.

(Res. 24-95. Passed 2-13-95.)

   (a)   For the use districts and uses listed below, there shall be provided and maintained on those sides abutting or adjacent to a Residential District an obscuring wall. Required walls shall be located adjacent to the lot line except where underground utilities interfere and except in instances where this Zoning Code requires conformance with yard setback lines. Upon review of the site plan, the Planning Commission may approve an alternate location for the wall, or may modify the wall requirement by approving either an earth berm or evergreen screen in its place. The Planning Commission may also waive the wall requirement if, in specific cases where natural or man-made barriers exist, the same would accomplish the same obscuring effect and, due to these circumstances, the Planning Commission would find that no good purpose would be served by compliance with the requirements of this section.

   (b)   The height of the wall shall be in accordance with the following schedule measured from the surface of the parking area or land on the nonresidential side of the wall:

         Use               Height Requirements

      (1)   "C" Districts (on         4'-6" to 6'-0"

         those sides adjacent to

         single-family residential

         districts)

      (2)   "A", "RA" and "B" Districts      4'-6" to 6'-0"

      (3)   "I" Districts, storage         5'-0" to 8'-0" (height

         areas, loading and         shall provide the

         unloading areas, and         most complete obscuring

         service areas            possible)

      (4)   Off-street parking         4'-6"

         area (other than the

         above districts)

      (5)   Hospital-ambulance         6'-0"

         and delivery areas

      (6)   Public utility            6'-0"

         buildings, stations,

         and/or substations

   (c)   In the case of variable wall height requirements such as in paragraphs (b)(1), (2) and (3) hereof, the extent of an obscuring wall shall be determined by the Planning Commission on the basis of land usage, provided that no wall or berm shall be less than the above required minimum, nor greater than the above required maximum height.

   (d)   Required walls shall have no openings for vehicular traffic or other purposes, except as otherwise provided in this Zoning Code and except such openings as may be approved by the Planning Commission. All walls herein required shall be constructed of materials approved by the Building Official to be durable, weather resistant, and easily maintained.

   (e)   The requirement for an obscuring wall between off-street parking areas, outdoor storage areas, and any abutting residential district may be waived at the discretion of the Planning Commission when such areas are located more than two hundred (200) feet distant from an abutting Residential District.

(Res. 24-95. Passed 2-13-95.)

   Fences are permitted subject to the following:

   Applications for fence permits shall be made upon forms provided by the Building Official and shall contain or have attached thereto the following information:

      (1)   Name, address and telephone number of the property owner.

      (2)   Location of the building, structure or lot to which or upon which the fence is to be attached or erected.

      (3)   Location of the fence in relation to nearby buildings, structures and lot lines.

      (4)   Description of the type of fence to be constructed.

      (5)   Name of person, firm, corporation, or association erecting the fence.

      (6)   Any other information as requested by the Building Official in order to assure that full compliance with this section has been obtained.

   A fee for the fence permit required by this section shall be as set forth in the Schedule of Fees, as adopted by the City Council.

   Fences in the front yard shall not exceed three and one-half (3-1/2) feet in height measured from grade, and shall not be placed within two feet of the property line. The vertical surface in any five (5) foot long section, measured from the finished ground grade to the top of the fence, shall have openings of at least 50% of the total fence surface. No solid or obscuring fence shall be located within the front yard area. All framing members, including post, horizontal or vertical supports, and fencing, must be considered in the calculation. Decorative fences does not include chain link fences. A solid or obscuring fence located within a side yard area fronting along a city street shall maintain a twelve (12) foot setback from the property line.

   Where a fence is constructed on a residential lot abutting public, commercial or industrial alleys or properties, public play fields, parking lots, school grounds, or recreational areas, approved fences not exceeding six (6) feet in height may be erected and maintained alongside of rear lot lines abutting such alleys or properties.

   Fences which enclose public or institutional parks, playgrounds, or public landscaped areas, situated within an area developed with recorded lots, shall not exceed six (6) feet in height, measured from the surface of the ground, and shall not obstruct vision to an extent greater than twenty-five (25) percent of the total area, unless said fence is constructed as a buffer from adjoining residential properties.

   Fences not used as a buffer from adjoining residential property shall not obstruct vision to an extent greater than twenty-five (25) percent of its total area.

   (e)   For the protection of the general public, no swimming pool shall be constructed or maintained unless such swimming pool is entirely enclosed by a building and/or fence. The fence shall be designed and constructed so as to make the pool inaccessible to children by climbing or entering through any fence openings. The minimum height of all parts of a fence, including gates, shall be four (4) feet in height and not be more than six (6) feet in height measured from grade, for all pools. Swimming pools shall maintain a distance of not less than five (5) feet from any enclosing fence or other structure.

   All gates shall be of a self-closing and latching type, with the latch on the inside of the gate not readily accessible for children to open. Gates shall be capable of being securely locked when the pool is not in use for extended periods.

      (1)   All fences herein shall be constructed solely of structurally sound materials and they shall be treated in a manner to maintain the fence in good structural condition and with an appearance that is aesthetically compatible with the type of fence it represents.

      (2)   The height of all fences shall be regulated by subsections (c) and (d) of this section.

      (3)   Any approved type of fence located in a front yard area shall maintain a two (2) foot minimum setback from a property line. Any approved type fence located along a side property line adjoining a city street shall comply with the following:

         A.   Any approved type fence shall maintain a two (2) foot minium setback from a property line.

         B.   A solid or obscuring fence shall maintain a twelve (12) foot minimum setback from a property line.

         C.   Where a solid or obscuring fence is located adjacent to an adjoining driveway a clear vision area may be required by the Building Official.

      (4)   Fences shall be constructed with suitable posts sunk into the ground at least three feet or installed according to the fence manufactures recommendations.

      (5)   Fences shall be constructed within all property lines, except where a written agreement is submitted to the City that allows for a duel ownership of a fence so located on a common property line. Visual corner stakes must be present. Where in the opinion of the Building Official may request a property survey at the expense of the property owner.

      (6)   The attaching of one fence to the face of another to form a single fence or barrier is expressly prohibited.

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

      (8)   No wire or other fence materials shall be affixed to the fence with the top edge having any sharp or pointed projections of any kind, except where required by law for security reasons.

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

      (10)   No barbed wire or razor wire shall be allowed, except where required by law.

      (11)   Fences shall not contain electric current or charge of electricity. This provision shall not apply to electrical barriers, provided below grade, used to contain household pets.

      (12)   In no instance shall the installation of a fence cause the isolation of property that is inaccessible for purposes of yard maintenance and upkeep. The Building Department may cause, under authority of this section the separation between fences, or a fence and a structure, or such other remedy, to ensure adequate access for cutting of grass and weeds and/or the collection of litter and debris.

      Examples of fences allowed within the front yard area include rail and picket fences. Decorative fences like wrought iron fences are also allowed in the front yard area.

      Examples of fences not allowed within the front yard area of all zoning districts except for nonresidential districts include chain link fences, wire fences, snow fences and stockade/board fences.

(Ord. 98-3. Passed 8-10-98; Ord. 2005-03. Passed 4-11-05; Ord. 2017-01. Passed 2-27-17.)

   (a)   All outdoor lighting in all use districts other than Residential Districts shall be shielded to reduce glare and shall be so arranged as to reflect lights away from all adjacent Residential Districts, adjacent residences, and public rights-of-way.

   (b)   Illumination guidelines shall generally be in accordance with the following standards:

      (1)   Street illumination.

 

 

         A.   "Major street" means the part of the roadway system that serves as the principal network for through traffic flow. The routes connect areas of principal traffic generation and important rural highways entering the City.

         B.   "Collector street" means the distributor and collector roadways serving traffic between major and local roadways. These are roadways used mainly for traffic movements within residential, commercial, and industrial areas.

         C.   "Local street" means roadways used primarily for direct access to residential, commercial, industrial, or other abutting property. They do not include roadways carrying through traffic. Long local roadways will generally be divided into short sections by collector roadway systems.

      (2)   Parking illumination.

 

 

         A.   High activity. Examples include major-league athletic events, major cultural or civic events, regional shopping centers, and fast food facilities.

         B.   Medium activity. Examples include community shopping centers, office parks, hospital parking areas, transportation parking (airports, etc.), Cultural, civic or recreational events, and residential complex parking.

         C.   Low activity. Examples include neighborhood shopping, industrial employee parking, educational facility parking, and church parking.

      (3)   Building exterior illumination.

 

   (c)   No illumination shall be of a flashing, moving, or intermittent type other than used in connection with a sign for the conveyance of noncommercial information which requires periodic change, such as time, temperature, or stock average.

   (d)   All illumination shall be constant in intensity and color at all times when in use.

   (e)   All exterior lighting information shall be provided on the site plan per the requirements of Chapter 1262.

(Res. 24-95. Passed 2-13-95.)

   (a)   No person shall create, operate, or cause to be operated on private property any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following table, when measured at or within the property boundary of the receiving land use, which source of sound shall be deemed prima facie to be a noise disturbance:

         Receiving                        A Weighted

         Land Use                        Sound Level

         Category            Time            Limit (dBA)

         RA, A-1, A-2, A-3,         10:00 p.m. to 7:00 a.m.   65

         B-1, B-2            7:00 a.m. to 10:00 p.m.   75

         C-1, C-2, C-3            10:00 p.m. to 7:00 a.m.   72

                        7:00   a.m. to 10:00 p.m.   77

                        10:00 p.m. to 7:00 a.m.   76

                        7:00   a.m. to 10:00 p.m.   81

   (b)   The following uses and/or activities shall be exempt from noise level regulations:

      (1)   Noise for safety signals and warning devices.

      (2)   Noise resulting from any authorized vehicle, when responding to an emergency.

      (3)   Noises resulting from the provision of Municipal services.

      (4)   Parades and other authorized public gatherings.

      (5)   Noise emanating from vehicles and equipment temporarily used for the development, construction and maintenance of sites, buildings, and infrastructure.

      (6)   Bells, chimes, carillons, while being used for religious purposes or for special civic celebrations.

      (7)   Nonamplified crowd noises resulting from the activities of schools or governmental, or community groups.

(Res. 24-95. Passed 2-13-95.)

   (a)   Purpose. It is the intent of this section to specify certain materials which must be prepared and submitted by land developers to assist the City in determining if the proposed development is in compliance with local ordinances and State and Federal statutes, which are enacted to protect wildlife, preserve ecologically important features, and retain environmental resources.

   (b)   "Natural Resources" Defined. As used in this section, "natural resources" shall include:

      (1)   Archaeological finds.

      (2)   Endangered species habitat.

      (3)   Floodplain, 100-year. An area which has a one (1) percent chance of flood occurrence in any given year.

      (4)   Hedgerow. A row of eight (8) or more trees having a four (4) inch or more diameter at four (4) feet. (The drip-line of the trees defines the land area of a hedgerow.)

      (5)   Ponds and lakes. A natural or artificial impoundment of water that retains water year-round.

      (6)   Steep slopes. Slopes equal to or exceeding a grade of thirty-three (33) percent or a 3:1 ratio of run over rise.

      (7)   Wetlands. Land where standing water is retained for a portion of the year and does support wetland vegetation or aquatic life and is commonly referred to as a bog, swamp, or marsh.

      (8)   Woodlot. An area of one-quarter (1/4) acre or more containing eight (8) or more trees per one-quarter (1/4) acre having a four (4)-inch or more diameter at a four (4) foot height.

   (c)   Applicability. In any zoning district, no natural resource shall be altered, changed, transformed, or otherwise varied by any person except as provided by this Zoning Code, and such person having submitted to the City Planning Commission the required data, exhibits, and information as hereafter required.

   (d)   Information and Data Required. The submission of a site plan review as provided by Chapter 1262 of this Zoning Code shall be accompanied by a natural resources analysis, which shall be submitted by and at the expense of the petitioner. Submission shall be made concurrently with the payment of site plan review fees.

   The natural resources analysis shall include, but not be limited to, the following information:

      (1)   Site conditions of the subject property indicating the location, size, and type of existing natural resources. Such information shall be displayed on a map in relation to the subject parcel's property lines and existing development pattern.

      (2)   A project description which, in narrative form, shall describe the proposed development in terms of use, density, building coverage, height, gross floor area, number of units, parking, landscaping, internal site circulation, traffic to be generated, and other applicable design features.

      (3)   A full analysis and description of the proposed project's impact on the natural resources existing on the site. This analysis shall include an evaluation of alternatives to affecting the natural resources in terms of alternative site location or actions. The analysis shall also assess the impact of affecting the natural resources in terms of the natural environment (topography, habitat, hazards, etc.), social concerns (aesthetics, historic and cultural values, etc.), economic aspects (employment opportunities created, tax base, land use pattern, etc.), and legal constraints (permits required, intergovernmental review, conformance with local plans/ordinances, etc.). These factors shall be evaluated in terms of both positive and negative impacts, direct and indirect impacts, as well as long-term versus short-term effects.

         The applicant shall identify measures to mitigate or eliminate negative effects to natural resources as identified in this subsection.

   (e)   Waiver; Appeals. The requirements for a natural resources analysis, as provided above, may be waived by the Planning Commission, upon appeal and by showing of the applicant that the proposed development will not alter, change, transform, or otherwise vary any natural resource contained on the subject parcel.

   (f)   Exclusions. The development of detached single-family units on an individual basis is hereby excluded from the requirements of this section.

   The requirements contained herein shall not relieve the project's sponsor from complying with other land development or environmental standards established by other public agencies having jurisdiction.

(Res. 24-95. Passed 2-13-95.)

   With the exception of mobile home sites within mobile home parks, every lot must have direct access to a public street.

(Res. 24-95. Passed 2-13-95.)

   The following rules apply to every commercial solid waste container which requires a mechanical device to empty it.

   (a)    Screening for solid waste containers shall be constructed so that all containers are not visible to a person standing on the ground. Screening shall not be portable or temporary. Minimum height of the screening shall be six feet. Screening material should be attractive with economy of construction a goal. Chain link fencing with opaque slats is an acceptable screening material. All access gates shall be closed when not in use.

   (b)   Solid waste containers shall be maintained with the lid closed except during the time when solid waste is put into or emptied from the container.

   (c)   If a solid waste container is not visible from a public way, it does not have to be screened.

   (d)   The owner of the solid waste container site shall be responsible for maintenance of the screening.

   (e)   No solid waste container or its screening shall be a traffic barrier or hazard in any way including, but not limited to, obstruction and visibility. Vehicles or mechanical equipment used to empty solid waste containers must not block highway, street, ally, or pedestrian walkways when emptying, installing, or replacing solid waste containers.

   (f)   Solid waste containers shall be located on a sufficiently solid surface that the emptying vehicle or mechanical device, regardless of weather condition, will not disturb the surface upon which the containers are placed or the approach to the containers used by the emptying vehicle or mechanical device.

   (g)   Solid waste containers used temporarily for special events do not require screening, but the solid surface requirements in subsection (f) apply. Users of temporary solid waste containers shall notify the City of the purpose, placement and time-frame for temporary solid waste containers. Temporary solid waste containers shall not block traffic or visibility on any street, sidewalk, or thoroughfare.

   (h)   With the exception of Chapter 674, the portion of any ordinance that is in conflict with this section is hereby repealed as of the effective date of this section. This includes but is not limited to Sections 1280.07(e) and 1285.06.

(Ord. 2014-09. Passed 12-8-14.)