A.   Scope of regulations. No structure or tract of land shall hereafter be used or occupied, and no structure, or part thereof, shall be erected, altered, or moved, except in conformity with the provisions of this ordinance. Uses not expressly permitted are prohibited. Uses for enterprises or purposes that are contrary to federal, state or local laws or ordinances are prohibited.

   However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this ordinance, Feb. 11, 1993, and construction is begun within six (6) months of the effective date, said building or structure may be completed in accordance with the approved plans. Furthermore, upon completion the building may be occupied under a Certificate of Occupancy for the use for which the building was originally designated, subject thereafter to the provisions of Article 3.00 concerning nonconformities. Any subsequent text or map amendments shall not affect previously issued valid permits.

   B.   Minimum requirements. The provisions of this ordinance shall be held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, morals, prosperity, and general welfare.

   C.   Relationship to other ordinances or agreements. This ordinance is not intended to abrogate or annul any ordinance, rule, regulation, permit, easement, covenant, or other private agreement previously adopted, issued, or entered into and not in conflict with the provisions of this ordinance.

   However, where the regulations of this ordinance are more restrictive or impose higher standards or requirements than other such ordinances, rules, regulations, permits, easements, covenants, or other private agreements, the requirements of this ordinance shall govern.

   D.   Vested right. Nothing in this ordinance should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification, or permissible activities therein. Furthermore, such rights as may exist through enforcement of this ordinance are hereby declared to be subject to subsequent amendment, change or modification as may be necessary for the preservation or protection of public health, safety, and welfare.

   E.   Continued conformity with yard and bulk regulations. The owner of a building or the property on which it is located shall maintain all required setbacks, open space, and other minimum yard and bulk requirements for as long as the building is in existence.

   No portion of a lot used in complying with the provisions of this ordinance in connection with an existing or planned building, shall again be used to qualify or justify any other building or structure existing or intended to exist at the same time.

   F.   Division and consolidation of land. No zoning lot shall hereafter be divided into two (2) or more zoning lots and no portion of any zoning lot shall be sold, unless all zoning lots resulting from each such division or sale conform with all regulations of the zoning district in which the property is located, and further as provided for in City Ordinance, Section 17.5-11.

   G.   Unlawful buildings, structures, site designs and uses. A building, structure, or use which was not lawfully existing at the time of adoption of this ordinance shall not be made lawful solely by adoption of this ordinance. In case any building, or part thereof, is used, erected, occupied or altered contrary to the provisions of this ordinance, such building or use shall be deemed an unlawful nuisance and may be required to be vacated, torn down or abated by any legal means, and shall not be used or occupied until it has been made to conform to the provisions of this ordinance. Public expenditures toward abating any such nuisance shall become a lien upon the land.

   H.   Voting place. The provisions of this ordinance shall not be construed to interfere with the temporary use of any property as a voting place in connection with a public election.

(Ord. No. 93-553, § 2.01, 2-2-1993; Ord. No. 10-1267, 5-3-2010)

   Only the following uses of land, buildings, or structures shall be allowed in the City:

   A.   Uses lawfully established on the effective date of this ordinance, Feb. 11, 1993.

   B.   Uses for which a building permit had been issued in accordance with Section 21.07.

   C.   Permitted uses in the applicable zoning districts, subject to the requirements specified.

   D.   Conditional and Special Uses in the applicable zoning districts, subject conditions and requirements specified.

   E.   Temporary uses subject to the requirements specified in Section 2.07.

(Ord. No. 93-553, § 2.02, 2-2-1993)

   A.   General requirements. 

      1.   Timing of construction. No accessory building, structure, or use shall be constructed or established on a parcel unless there is a principal building, structure, or use being constructed or already established on the same parcel of land.

      2.   Site plan approval. If submission of a site plan for review and approval is required, then the site plan shall indicate the location of proposed accessory buildings, structures, or uses.

      3.   Placement of heating and cooling equipment. Accessory uses such as central air conditioning units and heat pumps shall not be installed in the side yard unless a site plan for location has been approved by a building official. A minimum three (3) foot side yard is required for installation purposes.

      4.   Conformance with lot coverage standards. Accessory buildings and permanent structures which actually cover a portion of the lot shall be included in computations to determine compliance with maximum lot coverage standards, where applicable.

      5.   Location in proximity to easements or rights-of-way. Accessory buildings, structures, or uses shall not be located within a dedicated easement or right-of-way, except as permitted in the regulations for essential services.

      6.   Use of accessory structures. Attached and detached accessory buildings or structures in residential districts shall not be used as dwelling units or for any business, profession, trade or occupation. One (1) private garage shall be permitted per residential lot. Except as otherwise provided in this Zoning Ordinance, any such garage shall be used primarily for the storage of vehicles and for incidental household storage only.

      7.   Appearance. Accessory buildings and structures shall be designed and constructed to be compatible with the design and construction of the principal building on the site.

      8.   Applicability of other codes and ordinances. Accessory buildings and structures shall be subject to all other applicable codes and ordinances regarding construction, installation, and operation.

      9.   Application for Zoning Compliance Certificate.  A Zoning Compliance Certificate is required for the installation of a shed. In all cases, an application for a Zoning Compliance Certificate to construct a shed shall be filed with the building official. The application shall be accompanied by a site plan, along with drawings or other information required by the building and safety department which illustrate the dimensions, setbacks, height, and design of the proposed shed.

      10.   Garages. 

         (a)   Intent. A garage is intended to provide off-street vehicular parking and incidental household storage for the occupants of the residence to which it is accessory. It is not to be used as habitable space or for commercial purposes. It is the intent of this Zoning Ordinance to promote public health, safety, and welfare by establishing standards for garages consistent with the goal of complying with ADA requirements for unobstructed access to sidewalks and minimizing off-street parking congestion, neighborhood overcrowding, fire hazards, and other conditions detrimental to public safety and quality of life. The following sections recognize the types of activities that are consistent with garage use, and prohibit those activities which would convert the garage to habitable space or commercial use.

         (b)   Conversion. No garage shall be converted into habitable space without permits. For the purposes of this ordinance, "habitable space" shall be defined "as space within a structure for living, sleeping, or cooking." Factors demonstrating conversion include unauthorized renovations which require permits or permanent enclosure of the garage by installation of a framed wall, and/or enclosure by brick, siding or other materials. Occasional use of a garage for social gatherings, such as parties, which does not involve physical conversion of the garage, is permitted.

         (c)   Garage doors. A garage shall have an opaque vehicular access overhead retractable door which allows vehicles to enter and exit the building freely and without obstruction. Garage doors of a different style, such as carriage doors, which are consistent with the architectural design of the home and not otherwise inconsistent with the intent of this ordinance may be permitted subject to a compatibility review for accessory buildings as provided by Section 2.03(A)(7) of the Zoning Ordinance. In addition to a permitted garage door, a garage may have a service door (solid/hinged, sliding or French doors) not exceeding eight (8) feet in width for allowing entry into the garage.

      All garage doors are subject to the requirements of the building code.

         (d)   Sleeping. In no event shall any garage be used for sleeping purposes, nor shall a garage have any opening into a room used for sleeping purposes.

         (e)   Heat. No open flame heaters shall be used or installed.

         (f)   Permitted utilities. Installation of electrical or plumbing service is not permitted except as follows: a) a faucet or utility sink is allowed as permitted by Code; b) basic electrical service incidental to the use of the garage for minor repairs or hobbies is permitted; c) no bathroom facilities are permitted.

         (g)   Cooking Prohibited. No cooking of any kind shall occur in any garage.

         (h)   Lease of garages. No garage may be leased to any person separately from the owner or tenant of the principal residence. No garage shall be leased to any business or used for any commercial purpose whatsoever.

         (i)   Commercial storage. Storage of materials, inventory or machinery used in a commercial business or enterprise is not allowed.

         (j)   Off-street parking. Any use of a garage which impedes the ability of the occupants of the home to meet the residential parking requirements set forth in Section 4.01(B)(2) of the Zoning Ordinance is prohibited.

         (k)   Public Service Day. Any use of a garage which impedes the ability of the occupants of the home to meet the parking requirements set forth in Section 18-358 of the Dearborn Code of Ordinances, entitled "Public Service Day", is prohibited.

   B.   Attached accessory buildings. Unless otherwise specified in this Article, accessory buildings or structures which are attached to the principal building (such as an attached garage, breezeway, or workshop) shall be considered a part of the principal building for the purposes of determining conformance with area, setback, height, and bulk requirements. The floor area of a garage attached to a principal residence shall not exceed twenty (20) percent of the total area of the residence or seven hundred (700) square feet, whichever is greater.

      1.   Attached garages. A garage attached to a one (1) family residence shall not be considered part of the principal building for purposes of determining conformance with the combined side yard setback requirement if the garage and residence meet the following requirements:

         (a)   Minimum lot width: Sixty (60) feet.

         (b)   Maximum height of house and garage: One (1) story/twenty (20) feet.

         (c)   Minimum side setback (each side): Four (4) feet.

         (d)   Minimum setback to front of garage: Four (4) feet behind the front of the residence.

   C.   Detached accessory buildings. 

      1.   Location. Detached accessory buildings shall not be located in a front yard or a required side yard; except that the following accessory uses may be permitted in the front or side yards of commercial or industrial districts with appropriate landscaping, subject to the approval of the planning commission: buildings for parking attendants, guard shelters, gate houses, and transformer pads.

      2.   Setbacks. Detached accessory buildings shall comply with the following setback requirements:

         (a)   Front yard setback. Accessory buildings shall comply with the front setback requirements for the district in which they are located. However, in no case shall an accessory building be located closer to the front lot line than the principal building.

         (b)   Side yard setback The accessory building shall comply with the side yard setbacks for the district which it is located, except that the minimum side yard setback for accessory buildings in single-family districts shall be eighteen (18) inches for lots equal to or less than thirty-five (35) feet in width. The area shall be maintained with all the following conditions: hard-surfaced, maintenance-free and sloped that water runoff has no impact on adjoining property and gutters shall be installed on the accessory building.

         (c)   Rear yard setback. Accessory buildings shall be located no closer than three feet to the rear lot line. Where the rear lot line is coterminous with an alley right-of-way line, the accessory building may be located within one foot of the rear lot line.

         (e)   Setback on corner lots. Accessory buildings on a corner lot shall comply with the front setback requirements on any side that faces a street, if there is at least one (1) house in the same block that fronts on said street. If there are no houses fronting on the street, then the corner house shall provide a minimum setback of three (3) feet on said side street.    

         (a)   Permitted lot coverage on a single family residential lot may be increased up to five (5) percent solely to accommodate the construction of a twenty (20) foot wide by twenty (20)-foot deep detached garage if the home and all other structures that count toward lot coverage were constructed prior to 1993. Any existing garage or shed may not be retained in conjunction with this provision.

         (a)   Detached accessory buildings in residential districts shall not exceed one (1) story and sixteen (16) feet in height. The roof pitch shall be less than or equal to the roof pitch of the principle structure.

         (b)   Detached accessory buildings in nonresidential districts shall comply with the maximum height standards for the district in which they are located.

         (a)   Pergolas and gazebos subject to the regulations in subsection 3. and 4. below.

         (b)   Fences and privacy screens which comply with Section 2.19 of this ordinance.

         (c)   Decks.

         (d)   Hot-tub or spas.

         (e)   Above/in-ground swimming pools.

         (f)   Central air conditioning units and heat pumps, subject to the approval of the building official.

      3.   Pergolas and gazebos. Pergolas and gazebos that do not comply with all of the conditions listed in subsection 4. below are subject to the standard restrictions on lot coverage (Section 29.02); setbacks (Section 2.03C); appearance (Section 2.03A.7); and a maximum height of sixteen (16) feet, the maximum permitted floor area based on lot size per the table below:

   Lot Size                Maximum Floor Area

   Less than 5,000 s.f.             200 s.f.

   5,000—10,000 s.f.                300 s.f.

   Greater than 10,000 s.f.             400 s.f.

          (a)   Parking of any type of vehicle under a pergola or gazebo shall be prohibited.

         (b)   The use of a pergola or gazebo for storage purposes shall be prohibited.

         (c)   Pergolas and gazebos may not be located in a driveway.

         (a)   Shall not be erected before March 1 and shall be removed by November 30 each calendar year. If the structure consists of a frame covered by a removable cloth or canvas surface, the framing structure may remain up between November 30 and March 1 provided that the cloth or canvas covering is fully removed during those months.

         (b)   Shall not exceed 192 sq. ft.

         (c)   Shall not exceed a maximum height of sixteen (16) feet.

         (d)   Shall be prefabricated.

         (e)   Shall be anchored or attached to grade in accordance with product specifications.

         (f)   Shall not be used for storage or contribute to harborage for rodents/vermin.

         (g)   Shall not be used for parking of any type of vehicle under the structure.

         (h)   May be located in a driveway, provided it is still within the rear yard.

(Ord. No. 93-553, § 2.03, 2-2-1993; Ord. No. 93-575, 11-3-1993; Ord. No. 95-626, 3-7-1995; Ord. No. 02-883, 5-7-2002; Ord. No. 02-925, 12-3-2002; Ord. No. 04-1009, 8-4-2004; Ord. No. 04-1010, 8-4-2004; Ord. No. 04-1011, 8-4-2004; Ord. No. 02-883, 5-15-2002; Ord. No. 06-1081, 10-16-2006; Ord. No. 07-1127, 6-4-2007; Ord. No. 08-1171, 7-14-2008; Ord. No. 08-1172, 7-14-2008; Ord. No. 09-1214, 2-17-2009; Ord. No. 11-1319, 4-4-2011; Ord. No. 12-1367, 10-9-2012; Ord. No. 13-1414, 3-4-2014; Ord. No. 14-1431, 8-12-2014; Ord. No. 19-1646, 4-23-2019; Ord. No. 20-1691, 12-8-2020)

   A.   Incompletely constructed structures. Any incompletely constructed structure which does not meet the requirements of the Building Code or this Ordinance shall not be issued a Certificate of Occupancy and shall not be used as a dwelling. For the purposes of this section, a basement which does not have a residential structure constructed above it shall be considered an incompletely constructed structure.

   B.   Caretaker residence. No dwelling shall be erected in a commercial or industrial district, except for the living quarters of a watchman or caretaker and his/her immediate family. Any such living quarters shall consist of a structure which is permanently affixed to the ground, constructed in accordance with the adopted Building Code, and provided with plumbing, heating, bathroom, and kitchen facilities. In no case shall such living quarters be used as a permanent single-family residence by anyone other than a watchman or caretaker and his/her immediate family.

(Ord. No. 93-553, § 2.04, 2-2-1993)

   Any residential structure, including manufactured dwellings and mobile homes not located in mobile home parks, shall be erected or constructed only if in compliance with the following residential design standards. This section shall not apply to any applications for permits which were submitted prior tot he effective date of this section. The City Planning Division shall have the authority to determine if the following requirements are being complied with.

         (a)     Lot has a minimum width of forty-five (45) feet.

         (b)   Exceptions:

            (1)   Corner lots with the garage entry off the side yard facing the side street.

            (2)   Where the proposed configuration is consistent with the dominant pattern of existing development in the immediate area (as in many existing condominium communities).

            (3)   Side loaded garages designed to blend into the front façade of the home in such a way as to not compromise the standards in the design quality section.

         (a)   Standard driveways (driveways providing direct access to parking in a garage or rear yard):

            (1)    Minimum driveway width: ten (10) feet (may be reduced to nine (9) feet on lots less than fifty (50) feet in width).

            (2)    Maximum driveway width in the front yard: twelve (12) feet for a driveway going to a single bay attached garage or to any size garage or parking pad in the rear yard, twenty (20) feet for a driveway going to an attached two bay garage with doors facing the street.

         (b)   Circular driveways (an extra driveway generally providing for a drop-off area near the front door to the home):

         (a)   Lot combinations where the resulting lot would exceed twice the size of the largest of the constituent lots as established in the plat or master deed.

         (b)   Lot combinations where the resulting lot would exceed twenty thousand (20,000) square feet.

         (c)   To approve such a lot combination the Planning Commission must find that the proposed combination of lots would result in the development of the land in such a manner as to be compatible with surrounding land uses and development and not contrary to the spirit and purpose of the subdivision plat, site condominium documents, city master plan and zoning ordinance.

   General requirements. Temporary buildings and structures shall comply with the following requirements:

      1.   Temporary structures used for nonresidential purposes. Temporary buildings for nonresidential use, including semitrucks/trailers and concrete batch plants, shall be permitted only when the intended use is by a contractor or builder in conjunction with a construction project, and only after review and approval by the building official. Such temporary structures shall be removed immediately upon completion of the construction project and prior to a request for a Certificate of Occupancy for the project.

      2.   Permits. Pursuant to the adopted Building Code, approval from the building official shall be required for a permit for a temporary structure. Any such permit shall specify a date for removal of the temporary structure, but the period of approval shall not exceed one (1) year.

      3.   Use as an accessory structure. A temporary building or structure shall not be used as an accessory building or structure, except as permitted herein.

      4.   Special events and other temporary uses. The city council may grant temporary use of land and structures for special events and other temporary uses, as defined in Article 1.00 of this ordinance, subject to the following general conditions:

         (a)   Adequate off-street parking shall be provided.

         (b)   The applicant shall specify the exact duration of the temporary use.

         (c)   Electrical and utility connections shall be approved by the building official.

         (d)   The City may require a performance bond to assure proper cleanup.

   The following conditions apply to specific temporary uses:

      5.   Conditions which apply to specific temporary uses. 

         (a)   Carnival or circus.

            — Maximum duration. Ten (10) days.

            — Operator or sponsor. Nonprofit entity

            — Location. Shall not be located in or adjacent to any developed residential area except on church, school or park property.

            — Subject to the provisions of City Ordinance, Chapter 12.

         (b)   Sidewalk display and sale of bedding plants. 

            — Maximum duration. Thirty (30) days.

            — Location. In commercial districts only.

            — Sidewalk coverage. Shall not cover more than twenty (20) percent the width of the sidewalk.

            — Subject to the provisions of City Ordinance, Chapter 12.

         (c)   Christmas tree sales. 

            — Maximum duration. Forty-five (45) days.

            — Clean-up. Stumps, branches, and other debris shall be completely removed from site. Leftover trees shall be removed within one (1) week after Christmas.

(Ord. No. 93-553, § 2.07, 2-2-1993)

   A.   General requirements. A land use which is not cited by name as a permitted use in a zoning district may be permitted upon determination by the city planner that such use is clearly similar in nature and compatible with the listed or existing uses in that district. In making such a determination, the city planner shall consider the following:

      1.   Determination of compatibility. In making the determination of compatibility, the city planner shall consider specific characteristics of the use in question and compare such characteristics with those of the uses which are expressly permitted in the district. Such characteristics shall include, but are not limited to, traffic generation, types of service offered, types of goods produced, methods of operation, and building characteristics.

      2.   Conditions by which use may be permitted. If the city planner determines that the proposed use is compatible with permitted and existing uses in the district, the city planner shall then decide whether the proposed use shall be permitted by right, as a Special Use, or as a permitted accessory use. The proposed use shall be subject to the review and approval requirements for the district in which it is located.

      3.   Plan Commission determination. In the event that the city planner is unable to decide if a use should be considered a permitted use in a particular zoning district, then the determination shall be made by the plan commission, which may elect to resolve the case by initiating an amendment to the zoning ordinance.

      4.   Uses listed in another district. No use shall be permitted in a district under the terms of this section if the use is specifically listed as a use permitted by right or as a Special Use in any other district.

(Ord. No. 93-553, § 2.08, 2-2-1993)

   General regulations. All lots, buildings, and structures shall comply with the following general yard and bulk regulations unless specifically stated otherwise in this ordinance:

      1.   Minimum lot size. Every building hereafter erected on a lot or parcel of land created subsequent to the effective date of this ordinance, Feb. 11, 1993, shall comply with the lot size, lot coverage, and setback requirements for the district in which it is located.

   No yards in existence on the effective date of this ordinance, Feb. 11, 1993, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this ordinance.

      2.   Number of principal uses per lot. Only one (1) principal building shall be placed on a lot of record or site in Single-Family Residential Districts.

      3.   Projections into required yards. Fire escapes, fire towers, chimneys, platforms, balconies, boiler flues, and other projections shall be considered part of the building, subject to the setback requirements for the district in which the building is located. The following table identifies permitted projections in required yards:

 

   Trees. Trees shall be permitted in the triangular area provided that limbs and foliage are trimmed so that they do not extend into the cross-visibility area or otherwise create a traffic hazard. Landscaping, except required grass or ground cover, shall not be located closer than three (3) feet from the edge of any driveway or road pavement within the triangular area.

   Unobstructed sight area 

   The unobstructed triangular area is described as follows:

      — The area formed at the 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 abutting public rights-of-way lines, and third side being a line connecting these two (2) sides, or

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

      6.   Lots adjoining alleys. In calculating the area of a lot that adjoins an alley for the purposes of applying lot area and setback requirements, one-half (½) of the width of said alley shall be considered a part of the lot. However, if a portion of the lot is occupied by an alley currently in use (i.e., not vacated), then such area shall not be used in lot area computations related to the landscaping standards.

(Ord. No. 93-553, § 2.09, 2-2-1993; Ord. No. 95-626, 3-7-1995; Ord. No. 02-884, 4-16-2002; Ord. No. 08-1173, 7-14-2008; Ord. No. 11-1307, 1-4-2011)

   A.   Intent. Unimpeded, safe access to parcels of land throughout the City is necessary to provide adequate police and fire protection, ambulance services, and other public services, and to otherwise promote and protect the health, safety, and welfare of the public. The standards and specifications set forth herein are determined to be the minimum standards and specifications necessary to meet the above stated intentions.

   B.   Public access required. The front lot line of all lots shall abut onto a publicly dedicated road right-of-way.

   C.   Driveway dimensions. Driveways providing access to residential, commercial or industrial properties shall comply with the dimensional standards specified in Article 4.00.

   D.   Access across residential district land. No land which is located in a residential district shall be used for a driveway, walkway, or access purposes to any land which is located in a nonresidential district, unless such access is by way of a public road.

   E.   Service roads. If the plan commission determines that proposed or anticipated development will result in an excessive number of entrance or exit drives onto a public road, thereby creating potentially hazardous traffic conditions and diminishing the carrying capacity of the road, the commission may permit or require construction of service roads across abutting parcels and generally parallel to the arterial street to allow traffic to circulate from one parcel to another without re-entering the public road. The front edge of any such secondary access drive shall be located no closer to the road than the future right-of-way line. Such secondary access drive shall conform to the minimum specifications established by the city engineer.

   F.   Performance guarantee. To assure completion of a private road or service road in conformance with the requirements set forth herein, the building official or zoning administrator may require the applicant or owner to provide a performance guarantee, in accordance with § 2.17.

(Ord. No. 93-553, Section 2.10, 2-2-1993)

   A.   Intent and scope of requirements. Compliance with the grading regulations set forth herein shall be required as follows:

      1.   Intent. Grading regulations are established to control the excavation and filling of land, to assure adequate drainage away from structures and to a natural or established drainage course, and to assure protection of trees on sites where grading is to take place. The regulations set forth herein also establish procedures and requirements for grading permits, inspection of finished grading operations, and penalties for violation of the grading regulations.

      2.   Scope of application. A permit shall be required in all instances where grading, excavating, filling, stockpiling, or other alteration to the land are proposed. Filling shall include the dumping of soil, sand, clay, gravel, or other material on a site. However, where minor alterations to the land which do not affect the storm drainage pattern are proposed, a grading permit shall not be required.

   B.   Grading plan. 

      1.   Grading plan. In the event that a grading permit is required, the applicant shall first submit a grading plan for review and approval by the city engineer and building official. Grading plans may be submitted in conjunction with a site plan review, or may be submitted as a separate plan. Such plans shall be prepared by a registered land surveyor or civil engineer.

      2.   Grading plan standards. At a minimum, grading plans shall show grade elevations adjacent to existing and proposed structures and at the nearest side of structures on adjacent properties, and sufficient existing and proposed elevations on the site to be altered and on as much of the adjacent property as is necessary to establish the proposed surface water drainage pattern. If excavation or filling is proposed, the amount of material to be excavated or filled shall be indicated on the grading plan. All elevations shall be based on City of Dearborn Lake Survey datum. Elevations and location of benchmarks used for determining elevations shall be shown on the plan.

      3.   Subdivision grading plans. For any proposed subdivision, a grading plan prepared by a registered land surveyor or civil engineer shall be submitted with the preliminary subdivision plan. The grading plan shall show the topography of the area to be platted, the existing drainage pattern, and the proposed surface water drainage pattern. Drainage easements shall be provided across private property where necessary for handling surface drainage from adjacent properties.

   C.   Grading standards. 

      1.   Slope away from buildings. All buildings and structures shall be constructed at an elevation which provides a sloping grade away from the building or structure, thereby causing surface water to drain away from the walls of the building to a natural or established drainage course. Unless insufficient space exists on a site, a minimum five (5) percent slope away from all sides of a building or structure shall be provided for a minimum distance of ten (10) feet.

      2.   Runoff onto adjacent properties. New grades shall not be established that would permit an increase in the runoff of surface water onto adjacent properties, except through established drainage courses.

   D.   Review, inspection, and approval procedures. Grading plans shall be reviewed by the city engineer and building official with final approval by the building official. In the event that the grading plan is submitted in conjunction with a site plan submission, the plan commission shall review the grading plan as a part of normal site plan review. The building official shall issue a grading permit after the determination has been made that the requirements set forth herein and in other applicable ordinances have been complied with.

   For residential properties, compliance with a grading plan and permit shall be verified by the building official after visual on-site inspection. The city engineer shall be responsible for verifying compliance with grading plans and permits for nonresidential uses. Before final inspection and issuance of a Certificate of Occupancy, the rough grading must be completed; final grading shall be completed within six (6) months after a Certificate of Occupancy has been issued.

(Ord. No. 93-553, § 2.11, 2-2-1993)

   A.   Purpose. The purpose of this section is to provide reasonable regulations to direct the location, design, illumination level and use of outdoor lighting to minimize its undesirable effects. Specifically, this section is intended to promote the public health, safety and general welfare of the City by:

      1.   Creating well-maintained, vibrant and attractive residential and business neighborhoods.

      2.   Supporting the Master Plan's various character areas such as Great Neighborhoods, Main Street Michigan Avenue and Destination Commercial Districts, as well as supporting the purposes and recommendations of various area specific plans and special plans adopted in support of orderly development of the City.

      3.   Maintaining safe night-time driver performance on public streets by minimizing lighting glare.

      4.   Encouraging lighting that provides security but protects the privacy of adjacent properties.

      5.   Allowing lighting that is not unduly intrusive or a nuisance to nearby residents, property occupants, and drivers.

      6.   Eliminating artificial light and lighting that unnecessarily contributes to sky glow and energy consumption.

   B.   Lighting plan. The following information shall be included for all site plan reviews. Where site plan review is not required, one (1) or more of the following items may be required by the Zoning Administrator prior to lighting installation to verify compliance with this section:

      1.   A plan showing the location and type of all existing and proposed light fixtures.

      2.   A photometric plan which includes lighting levels at ground level based on no greater than a twenty-five (25) feet on-center grid and shall project twenty-five (25) feet onto adjacent properties or to the setback limit line, whichever is greater. Illumination levels shall also be measured for all surrounding streets at the public right-of-way.

      3.   Manufacturer's specifications and cut-sheets for all proposed lighting fixtures and lamps (bulbs), including mounting heights.

   C.   Site lighting. 

      1.   Type. All site lighting, including, but not limited to, free-standing, canopy, pole, building mounted, window/window frame/window opening mounted (visible from outside the building), and landscape, shall be fully shielded and directed downward to prevent off-site glare and illumination.

      2.   Intensity. The intensity of light within a site shall not exceed ten (10) foot-candles within any part of the site and one and one-half (1.5) foot-candles at any lot line. Exceptions:

         a.   Where a site abuts or faces a residential zoning district or residential use, a maximum of one-half (0.5) foot-candles is permitted at the lot line of the site.

         b.   Approved outdoor sales areas and the areas under fuel station canopies may have up to a maximum of twenty (20) foot-candles of illumination within the interior of the site so long as they meet the applicable lighting intensity limits listed above at the lot lines.

      3.   Uniformity ratios. In order to maintain uniformity in light levels across a development and prevent or minimize dark areas, the ratio of maximum to minimum lighting levels on a given lot is measured in foot-candles at ground level, and shall not exceed a ratio of fifteen-to-one (15:1).

      4.   Height. Except as otherwise noted below or in this section, light fixtures shall not exceed thirty (30) feet in height.

         a.   Fixtures for nonresidential uses that are located in a residential zoning district or within two hundred (200) feet of such a district shall not exceed the following light source to ground level height limits:

            i.   Twenty-two and one-half (22.5) feet, including a two and one-half (2.5)-foot base, for parking lots.

            ii.   Twenty (20) feet for sidewalks and pathways.

         b.   Fixtures attached to ground poles for residential uses shall not exceed eight (8) feet.

         c.   Fixtures in commercial or industrial zoning districts (not within two hundred (200) feet of a residential zoning district): The Planning Commission may, as part of a site plan review, permit fixtures up to the maximum building height permitted in the district based upon a finding that the proposed lighting configuration would not have negative off-site impacts.

      5.   Hours. All site lighting fixtures shall be turned off one (1) hour after close of business, unless needed for safety and security (typically this would be entrance, walkway and parking lot lighting). In such case, the lighting shall be reduced to the minimum level necessary for that purpose.

      6.   Fixtures. 

         a.   All outdoor fixtures, including building mounted fixtures, shall be full cut-off, shielded fixtures.

         b.   Poles for lighting fixtures shall be of a fixed height. Adjustable poles are prohibited.

         c.   The Planning Commission may, as part of a site plan review, approve decorative fixtures as an alternative to shielded fixtures based upon a finding that there would be no off-site glare or illumination and that the proposed fixtures will improve the appearance of the site.

   D.   Architectural lighting. When buildings and structures are to be illuminated, the Zoning Administrator shall approve a design for illumination using the following standards:

      1.   Direction of lights. Lighting fixtures shall be carefully located, aimed and shielded so that light is directed only onto the building façade. Lighting fixtures shall not be directed toward adjacent streets or properties, and light shall not trespass onto surrounding properties.

      2.   Façade lighting. Lighting fixtures mounted on the building or in/around windows and designed to "wash" the façade with light are permitted.

      3.   Accent lighting. 

         a.   Commercial zoning districts. Lighting may be allowed as an architectural detail in commercial zoning districts, provided that exposed bulbs shall be shielded. The Zoning Administrator may approve internally illuminated architectural bands or similar shielded accents upon determining that such accents would not cause off-site glare or light pollution and such lighting is not used to the extent that it constitutes a sign.

         b.   Residential zoning districts. Lighting shall be prohibited in the front yard of lots located in residential zoning districts unless it is a temporary display. A temporary display is permitted for sixty (60) consecutive days and must be disassembled and removed from the structure within that timeframe.

      4.   Landscape lighting. The illumination of landscaping shall not generate light levels and glare beyond the landscaping area.

   E.   Other lighting. 

      1.   Indirect illumination of signs, canopies, bollards and buildings is permitted provided the resulting lighting does not violate other provisions of this section related to maximum lighting levels within and at the lot line of the site or any applicable sections of the sign ordinance.

      2.   Electrical feeds to lighting standards shall run underground, not overhead.

      3.   The use of a laser light source, search lights or any similar high intensity light for outdoor advertising or entertainment is prohibited.

      4.   Lighting shall not consist of or have the appearance of movement or flashing.

   F.   Exemptions. The following site lighting fixtures are exempt from the provisions of this section:

      1.   Porch lights: Single or double bulb residential light fixtures utilizing standardly configured light bulbs having a maximum output equivalent to a one hundred fifty-(150)-watt incandescent light bulb. Such fixtures shall not create glare onto adjacent properties and roadways so as to create a nuisance or safety concern.

      2.   Streetlights located within a public right-of-way.

      3.   Lighting necessary for street and utility construction or emergencies.

      4.   Lighting necessary for baseball, softball, football and soccer fields, or similar uses that cannot reasonably comply with the standards and provide sufficient illumination of the recreational field for safe use. The fixtures shall be aimed so that their beams are directed and fall within the primary playing or performance area. Lights shall be extinguished within one (1) hour of the completion of the event.

      5.   Government facilities, parks and open areas, public utility facilities, and uses where sensitive or dangerous materials are located may submit a Site Security Plan to the Zoning Administrator requesting outdoor lighting that deviates from the standards in this section. The Plan shall be approved, or approved with conditions, upon finding:

         a.   The lighting is necessary for adequate protection of the public;

         b.   The condition, location, or use of the land, or history of activity in the area, indicates the land or any materials stored or used on it are in danger of theft or damage, or members of the public are at risk for harm; and

         c.   The deviations from this section shall not have a adverse effect on the neighboring areas.

(Ord. No. 93-553, § 2.12, 2-2-1993; Ord. No. 17-1566, 1-31-2017)

   The dumping of waste or other materials, grading, excavating, filling, and similar "earth changes" shall be subject to the following regulations:

   A.   Dumping of waste, junk, or similar materials. The use of land for the storage, collection or accumulation of used construction materials, or for the dumping or disposal of refuse, ash, garbage, rubbish, waste material or industrial byproducts shall not be permitted in any district.

   B.   Excavation. The excavation or continued existence of unprotected holes, pits, or wells which constitute or are reasonably likely to constitute a danger or menace to the public health, safety, and welfare is prohibited. However, this restriction shall not apply to excavations for which a permit has been acquired, provided such excavations are properly protected with fencing, guard rails, and warning signs. Excavations which may be permitted if proper permits are acquired include excavation related to construction of a driveway, walk, a permitted wall, or building or part thereof, or movement of soil within the boundaries of a parcel for the purposes of preparing a site for building construction or another permitted use.

   C.   Dumping of soil, sand, clay, gravel or similar material. The dumping or filling with soil, sand, clay, gravel or similar earthen material (excluding waste, junk, or contaminated material) on any lot or parcel of land shall not occur unless the plans for such dumping or filling have first been reviewed and appropriate permits issued by the building official. Land within a drainage easement shall not be filled unless approved by the city engineer.

   D.   Removal of soil, sand or similar materials. Approval of the zoning administrator shall be required prior to the removal of topsoil, sand, gravel, or similar earthen material from any site in the City. A permit shall be issued only upon finding that such removal will not cause stagnant water to collect or leave the surface of the land in an unstable condition or unfit for the growing of turf and other land uses permitted in the district in which the site is located.

(Ord. No. 93-553, § 2.13, 2-2-1993)

   Standards for siting and screening of trash dumpsters. Dumpsters may be permitted or required as accessory to any use other than single- and two-family residential uses, subject to the following conditions:

   A.   Location. Dumpsters shall be permitted in the side and rear yard provided that no dumpster shall extend closer to the front of the lot than any portion of the principal structure, and provided further that the dumpster shall not encroach on a required parking area, is clearly accessible to servicing vehicles, and is enclosed within a building whenever practicable. Dumpsters shall comply with the setback requirements for the district in which they are located. Dumpsters shall be located as far as practicable from any adjoining residential district.

   B.   Concrete pad. Dumpsters shall be placed on a concrete pad along with the proper foundation as referenced in current Michigan Building Code. The concrete pad should extend a minimum of ten feet in front of the dumpster enclosure.

   C.   Screening. Dumpsters shall be screened from view from adjoining property public streets and thoroughfares. Dumpsters shall be screened on three (3) sides with a permanent building or decorative wall, not less than six (6) feet in height or at least six (6) inches above the height of the enclosed dumpster, whichever is taller. The fourth side of the dumpster screening shall be equipped with an opaque lockable gate that is the same height as the enclosure around the other three (3) sides. Plastic slats within chain link fencing shall be prohibited.

   D.   Bollards. Bollards (concrete-filled metal posts) or similar protective devices shall be installed as needed to prevent damage to the screening wall and to limit the gate swing.

   E.   Site plan requirements. The location and method of screening of dumpsters shall be shown on all site plans.

   F.   When a change of use (reoccupancy) generates additional volume or changes the nature of trash, particularly food waste, or when trash on a site is creating an on-going nuisance, the staff shall have the authority to deviate from the above requirements in order to ensure that the goal of managing trash and waste is carried out in such a way as to best serve public safety, health and welfare. Such deviations shall be the minimum required to meet that goal and shall not be granted in the case of new property developments. All such deviations shall be approved by the Sanitation Division Superintendent, Senior Planner, and Building Official in accordance with the standards set forth in section 32.02E, 1 through 18 (standards for site plan approval).

(Ord. No. 92-885, 4-16-2002; Ord. No. 93-553, § 2.14, 2-2-1993; Ord. No. 04-1012, 8-4-2004; Ord. No. 15-1477, 9-22-2015)

   A.   Public service access. All structures shall be provided with adequate access for fire, police, sanitation, and public works services.

   B.   Fire protection. All structures shall be provided with adequate fire protection, including adequate water supply for firefighting purposes, adequate internal fire suppression system, use of fire walls and fire-proof materials, and other fire protection measures deemed necessary by the fire chief or building official.

      1.   Fire protection systems. The fire chief or building official shall have the authority to require fire protection systems installed in any zoning district.

      2.   Site development standards. To facilitate fire protection during site preparation and construction of buildings, consideration shall be given to the following:

         (a)   Water mains and fire hydrants shall be installed prior to construction above the foundation. Hydrants shall be spaced to provide adequate fire fighting protection for all buildings and uses, subject to applicable codes and review by the city officials.

         (b)   Prior to construction of buildings and other large structures, an improved roadbed shall be provided to accommodate access of heavy firefighting equipment to the immediate job site at the start of construction. The roadbed shall be maintained until all construction is completed or until another means of access is constructed and be constructed in accordance with the requirements of the fire department if so required.

         (c)   Free access from the street to fire hydrants and to outside connections for standpipes, sprinklers, or other fire extinguishing equipment, whether permanent or temporary, shall be provided and maintained at all times.

         (d)   The building permit holder shall provide scheduled cleanup of scrap lumber, paper products, corrugated cardboard and other debris. Construction debris shall be disposed of in accordance with methods approved by the building official.

(Ord. No. 93-553, § 2.15, 2-2-1993)

   (A)   Essential services. Essential services, as defined in Article 1.00, shall be permitted as authorized and regulated by state, federal, and local ordinances and laws, it being the intention hereof to exempt such essential services from those regulations governing area, height, placement, and use of land in the City which would not be practical or feasible to comply with.

   Although exempt from certain regulations, proposals for construction of essential services shall still be subject to site plan review, it being the intention of the City to achieve efficient use of the land and alleviate adverse impact on nearby uses or lands. Essential services shall comply with all applicable regulations that do not affect the basic design or operation of said services.

   B.   Exemptions to height standards. The height limitations of this ordinance shall not apply to chimneys, church spires, public monuments, wireless transmission towers, water towers, and flag poles, provided that the following requirements are complied with:

      1.   Wind-driven energy devices. The maximum height of wind-driven energy devices shall be thirty-five (35) feet, provided that the device is set back from all property lines a distance equal to the height of the device. Such devices shall be located in the rear yard of a residential district, and shall be subject to the regulations in the City Code.

      2.   Antennas in residential districts. Private television antennas, pole antennas, and other private communication antennas or towers shall be permitted in residential districts as follows:

         (a)   Antennas with a wind-resistance surface of seven (7) square feet or less shall be located in the rear yard or on a rooftop, provided that freestanding antenna towers shall be set back from all property lines a distance equal to the height of the tower. Such antennas shall comply with the height standards for the district in which they are located, except as hereinafter provided.

         (b)   Antennas with a wind-resistance surface of over seven (7) square feet shall be located in the rear yard only, and shall be subject to the setback and height standards for the district in which they are located. Any such antenna shall be located to obscure its view from adjacent properties and roads, to the maximum extent possible.

         (c)   Notwithstanding the above requirements, open element and monopole antennas shall be permitted in residential districts, provided they do not exceed forty-five (45) feet in height.

         (d)   Satellite dish antennas shall be subject to the regulations in Section 2.21.

      3.   Antennas in nonresidential districts. Antennas with a wind-resistance surface of seven (7) square feet or less shall be permitted on the rooftop of any building or in the rear of a nonresidential district provided that the antenna complies with the height standard for the district in which it is located, and is obscured from view from adjacent properties and roads, to the maximum extent possible. A freestanding antenna may be located in the side yard if its visibility from adjacent properties is obscured.

      4.   Variances. Variances from height standards may be sought from the zoning board of appeals. In considering such a request, the zoning board of appeals shall consider, at minimum, the character of the surrounding uses, the height of surrounding structures, the potential to obscure light or view to or from existing buildings or surrounding properties, and potential detriment to the use or value of surrounding properties.

      1.   The use of City-owned property is distinct from other land uses in that the location of City facilities is driven by the objective of providing efficient and equitable delivery of public services and amenities.

      2.   It is therefore the intention of this article to exempt City facilities from zoning regulations when they would not be practical or feasible to comply with or when they conflict with meeting a community need or benefit.

      3.   Although exempt from certain regulations, City facilities shall comply with all applicable regulations that do not affect the basic design or operation of said services, and shall be located and designed in a way that alleviate adverse impacts on adjacent property.

      4.   City facilities are defined as land, buildings, or structures that are owned and/or operated for a municipal purpose. City facilities include but are not limited to: parks, recreation and community centers, libraries, fire stations, service yards, and open space/green space.

(Ord. No. 93-553, § 2.16, 2-2-1993; Ord. No. 22-1746, § 2.16, 5-24-22)

   Sidewalks shall be subject to the requirements in Chapter 17, Article V, of the City Code, and the following regulations:

   General requirements. 

      1.   Location and width. Required City sidewalks shall be five (5) feet in width and shall be located one (1) foot off the property line in the road right-of-way, except where the planned right-of-way is greater in width than the existing right-of-way, in which case the sidewalk shall be located one (1) foot inside the planned right-of-way. The plan commission may modify this requirement in consideration of the location of utilities, existing landscaping, or other site improvements in cases where site plan approval is provided by the plan commission.

      2.   Design standards. Sidewalks shall be constructed of concrete in accordance with established engineering standards for the City pursuant to construction and maintenance of sidewalks.

      3.   Alignment with adjacent sidewalks. Sidewalks shall be aligned horizontally and vertically with existing sidewalks on adjacent properties. The plan commission may modify this requirement if existing adjacent sidewalks are not constructed in conformance with the standards set forth herein.

      4.   Maintenance. The owner of the property which fronts on the sidewalk shall be responsible for maintenance of the sidewalk, including patching cracked or deteriorated pavement, snow removal, and removal of glass and other debris. The property owner shall be liable for damages in the event that a person is injured while using a sidewalk that said property owner has not properly maintained.

      5.   Permits. It shall be the responsibility of the owner or developer to secure any required permits from City, county or State of Michigan agencies to allow sidewalk construction in the road right-of-way.

(Ord. No. 93-553, § 2.17, 2-2-1993)

   A.   Intent and scope of requirements. To insure compliance with the provisions of this Ordinance and any conditions imposed thereunder, the City may require that a performance guarantee be deposited with the City to insure faithful completion of improvements, in accordance with Section 4e of the City or Village Zoning Act, Public Act 207 of 1921, as amended. Improvements for which the City may require a performance guarantee include, but are not limited to, roadways, lighting, utilities, sidewalks, screening, and drainage.

   B.   General requirements. The performance guarantee shall meet the following requirements:

      1.   The performance guarantee shall be in the form of a cash deposit, certified check, surety bond, or performance bond which names the property owner as the obligor and the City as the obligee.

      2.   The performance guarantee shall be submitted at the time of issuance of the permit authorizing the activity or project. If appropriate based on the type of performance guarantee submitted, the City shall deposit the funds in an interest-bearing account in a financial institution with which the City regularly conducts business.

      3.   The amount of the performance guarantee shall be sufficient to cover the estimated cost of the improvements for which the performance guarantee is required. The applicant shall provide an itemized schedule of estimated costs to complete all such improvements. The exact amount of the performance guarantee shall be determined by the zoning administrator.

      4.   The entire performance guarantee, including interest accrued, shall be returned to the applicant following inspection by the building official and a determination that the required improvements have been completed satisfactorily. The performance guarantee may be released to the applicant in proportion to the work completed on various elements, provided that a minimum of ten percent shall be held back on each element until satisfactory completion of the entire project.

   C.   Unsatisfactory completion of improvements. Whenever required improvements are not installed or maintained within the time stipulated or in accordance with the standards set forth in this ordinance, the City may complete the necessary improvements itself or by contract to an independent developer, and assess all costs of completing said improvements against the performance bond or other surety, including any interest accrued on said bond or surety. Prior to completing said improvements, the City shall notify the owner, site plan review applicant, or other firm or individual responsible for completion of the required improvements.

(Ord. No. 93-553, § 2.18, 2-2-1993)

   Review and approval procedures. 

   Application for Zoning Compliance Certificate. Concrete shall be shown on the site plan, which shall be reviewed in accordance with normal site plan review procedures. In all cases, an application for a Zoning Compliance Certificate to install concrete flatwork shall be filed with the building official. The application shall be accompanied by a site plan, along with drawings or other information required by the building and safety department which illustrate the dimensions and depths for the proposed concrete flatwork.

(Ord. No. 93-553, § 2.20, 2-2-1993; Ord. No. 95-626, 3-7-1995; Ord. No. 02-920, 11-19-2002)

   Satellite dish antennas may be permitted as an accessory structure in any zoning district, subject to the provisions of Section 2.03 and to the following conditions:

   A.   Roof-mounted antennas. Roof-mounted dish antennas up to ten (10) feet in diameter shall be permitted in commercial and industrial districts only, provided that the antennas comply with the height standards for the district in which they are located.

   B.   Ground-mounted antennas. Ground-mounted antennas up to eight (8) feet in diameter shall be permitted in all districts subject to the following conditions:

      1.   Maximum height permitted shall be twelve (12) feet.

      2.   The satellite dish structure shall be securely mounted and anchored to a pole and secured in accordance with the requirements of the manufacturer and the Building Code.

      3.   Any person who proposes to construct a satellite dish antenna having a dish diameter larger than three (3) feet on any lot or parcel of land must first obtain a permit from the building and safety department. The person seeking the permit, if not the owner of the lot or parcel of land, must provide evidence to the building and safety department that the owner of the lot or parcel of land has no objection to its construction and assumes all liability for its construction, operation and use.

      4.   The building and safety department shall issue a permit provided the applicant complies with all the provisions of this ordinance and submits a written application upon forms provided by the building and safety department, along with a site plan showing the exact location and dimensions of the proposed satellite dish and the proposed landscaping.

      5.   The applicant shall present any license or permit required by any federal, state or local agency pertaining to the ownership, construction or operation of a satellite dish antenna.

      6.   The applicant must comply with the provisions of City Ordinance, Chapter 9, Licenses and Fees. The permit fee shall cover the costs of reviewing the construction plans and specifications, inspecting the final construction and processing the application.

      7.   Satellite dish antennas shall comply with setback requirements for the district in which they are located, and shall not be permitted in front or side yards.

      8.   All electrical and antenna wiring shall be placed underground.

      9.   The surface of the dish shall be painted or treated as not to reflect glare from sunlight, and shall not be used as any sign or message board. All installations shall employ, to the extent possible, materials and colors that blend the surroundings.

      10.   The site of the antenna shall be screened from view through the planting of evergreens of sufficient concentration to reasonably conceal the antenna. Alternative screening is acceptable if approved by the director of the building and safety department.

      11.   Any ground-mounted antenna shall be so located and designed to withstand a wind force of one hundred (100) miles per hour.

      12.   If a true hardship or practical difficulty exists on a particular lot or parcel of land such that compliance with the provisions of this ordinance is impossible because satellite sight lines are blocked, then a variance may be granted by the Zoning Board of Appeals to the extent necessary to permit reasonable reception, after consideration of the following factors and standards:

         (a)   A showing of good and sufficient cause and exceptional hardship;

         (b)   The safety of the property owner and the surrounding property owners;

         (c)   The variance shall be the minimum necessary to afford relief to the applicant;

         (d)   "Reasonable reception", as used in this Section, does not mean perfect reception from each satellite of the many satellites in space;

         (e)   Conditions may be attached to the granting of the variance which are in the best interest of the health, safety and welfare of the community.

(Ord. No. 93-553, § 2.21, 2-2-1993)

   Emergency electrical generators ("generator") may be permitted as projections into rear yards in residential districts subject to Section 2.09 and to the following conditions:

   A.   Location. The generator may be located only in the rear yard pursuant to a site plan approved by the Residential Services Department. The generator must be permanently located on its own concrete slab that is not used or designed to be used for any purpose other than as a concrete slab for the generator.

   B.   Use. The generator is to be used only in emergencies where the normal power source to the residence has been disrupted. As soon as normal power has been restored, the owner shall cease operation of the generator.

   C.   Permit required. A permit must be obtained from the Residential Services Department prior to the commencement of any construction or installation of a generator.

   D.   Final Inspection. As soon as construction or installation of a generator has been completed, the property owner must obtain a final inspection by the city to ensure compliance with all terms and conditions of this article, and the generator shall not be used prior to receiving final inspection approval.

   E.   Fuels. Acceptable fuels include natural gas, propane, gasoline or diesel. Connections made to a natural gas line of a residence must be in accordance with all applicable building codes. Other fuel sources must meet all state and local code requirements.

   F.   Maintenance. Property owners are responsible for keeping the generator within all applicable code requirements. Automatic maintenance exercise testing is limited to not more than fifteen (15) minutes each week, Monday-Friday, between the hours of 9:00 a.m. to 4:00 p.m.

   G.   Noise. All generators shall comply with the residential decibel level standards set forth in Dearborn Zoning Ordinance Section 8.02, including during the automatic maintenance exercise test, except that a generator in a rear yard used during an emergency pursuant to subsection B of this section will not be subject to the decibel regulations during the emergency.

(Ord. No. 11-1307, 1-4-2011)