(a)

Conformance to regulations. Where an accessory structure is structurally attached to a principal building, it shall be subject to and must conform to all regulations of this article applicable to principal buildings.

(1)

Exception for corner lots. On a corner lot, the required rear yard for a main or principal building with an attached garage may be not less than six (6) feet providing that maximum lot coverage of all principal and accessory buildings on the lot does not exceed the maximum provided in section 36-106, Dimensional standards, and provided further that the total area of accessory buildings does not exceed the standards in subsection (b), below. The purpose of this exception is to recognize the value of privacy for residents on a corner lot, the ability to use the adjacent street or alley along the side lot line for access to the garage, and the usually larger lot size platted for corner lots.

(b)

Lot coverage. The total floor area of all accessory buildings shall not exceed eight hundred (800) square feet. Sheds shall not exceed two hundred (200) square feet in floor area.

(c)

Location and setbacks. Accessory buildings shall be located to the rear of the principal building except when structurally attached to the principal building.

(1)

Accessory buildings shall not be erected in any required yard except a rear yard, provided further that in no instance shall such a building be nearer than two (2) feet to any adjoining side lot line and two (2) feet to any rear lot line.

(2)

Eaves or overhangs may not extend more than six (6) inches into the required side and/or rear yard setback.

(3)

Accessory buildings shall not occupy more than twenty-five (25) percent of the required rear yard.

(d)

Height. An accessory building shall not exceed fifteen (15) feet in height measured from the surface of the floor to the ridge or the highest point of the roof. The maximum wall height allowed is eight (8) feet.

(e)

Building separation. No detached accessory building shall be located closer than fifteen (15) feet to any principal building, except that garages may be located no closer than six (6) feet between the roof overhang of the garage and the principal building. The building official may approve a waiver of the fifteen-foot restriction for any accessory building if, in his opinion, better lot utilization would be achieved and the accessory building(s) conform to all other applicable regulations of this article.

(f)

Through lots. In the case of double frontage lots, accessory buildings shall observe front yard requirements on both street frontages wherever there are any principal buildings fronting on such streets in the same block or adjacent blocks.

(g)

Corner lots.

(1)

When the side lot line of the corner lot is substantially a continuation of the front lot line of the lot to its rear, an accessory structure shall not project beyond the front yard required on the lot line in rear of such corner lot.

(2)

When the side lot line of the corner lot is substantially a continuation of the side lot line of the lot to its rear, the minimum side yard for accessory structures on the side of the lot abutting the street shall be six (6) feet.

(h)

Residential garages. Only one (1) garage may be permitted per residential lot.

(1)

Eaves or overhangs may not extend more than six (6) inches into the required side yard area.

(2)

Detached garages, erected in such a way that all or any portion of same is at the side of the dwelling, shall not be erected within the minimum side yard required for the zoning district in which it is located.

(3)

Detached garages erected completely to the rear of the dwelling shall not be located closer than two (2) feet from either of the side lot lines, nor closer than two (2) feet from rear lot line.

(4)

No detached garage or portion thereof shall extend into the front yard area.

(5)

The maximum height of any door or opening in any garage above the surface of the floor of the garage shall not exceed eight (8) feet.

(6)

No garage accessory to a single-family residence shall provide parking space for more than three (3) vehicles.

(i)

Carport. In any residential zoning district, no carport shall be erected, constructed, or altered closer to the side lot line than the permitted distance for the dwelling, nor more than four (4) feet beyond the front line of the house to which it is attached; provided no portion of the carport shall extend into the required front yard area.

(j)

Timing of construction. No garage or accessory building shall be constructed upon or moved to any parcel of property until the principal building on, or intended to be placed thereon, is at least two-thirds (⅔) completed.

(k)

Use as dwelling prohibited. No accessory structure shall be occupied for residential purposes, except as otherwise provided in this article.

(Ord. No. H-07-01, § 7.101, 7-24-07)

(a)

Use permitted. Outdoor swimming pools, spas, and hot tubs with a diameter exceeding twelve (12) feet, a depth exceeding four (4) feet, or an area exceeding one hundred (100) square feet, permanently or temporarily placed in, on, or above the ground shall be permitted as an accessory structure in all residential zoning districts subject to the following:

(1)

Location. Swimming pools, spas, and hot tubs shall be prohibited in the front yard area, or within any easement or right-of-way.

(2)

Distance from lot lines. There shall be a minimum distance of not less than ten (10) feet between adjoining lot lines or alley right-of-way and the outside wall of the swimming pool, spa, or hot tub.

(3)

Distance from buildings. There shall be a distance of not less than four feet between the outside wall of a swimming pool and any building or other structure (garage, shed, etc.) on the same lot. This requirement shall not apply to spas or hot tubs.

(4)

Access prevention. To prevent unauthorized access and protect the general public, swimming pools, spas, and hot tubs shall be secured and completely enclosed by a fence at least four (4) feet in height with a self-closing and latching gate.

a.

Aboveground pool walls four (4) feet or more in height shall satisfy this requirement, provided that the pool ladder or steps shall be capable of being secured, locked, or removed.

b.

The building official may waive this requirement upon determining that the swimming pool, spa, or hot tub is otherwise secured against unauthorized access.

(5)

Separation from overhead utilities. No swimming pool shall be located directly under utility wires or electrical service leads. A minimum ten-foot horizontal setback shall be maintained from the pool perimeter to the vertical plane of the overhead wire.

(6)

Separation from underground utilities. A horizontal distance of at least three (3) feet must be maintained from a permanent pool to any sanitary sewer line or lead and any underground water, electrical, telephone, gas, or other pipes and conduits, except for parts of the swimming pool system.

(b)

Compliance with other codes. Swimming pools, spas, and hot tubs shall comply with all applicable provisions of the state construction code and other state and local requirements.

(c)

Permit required. Construction, alteration, or relocation of swimming pools, spas, and hot tubs shall require a zoning compliance certificate from the building official per section 36-4, Zoning compliance certificate.

(Ord. No. H-07-01, § 7.102, 7-24-07)

(a)

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

(1)

Location. Dumpsters shall be located in a rear yard, provided any such dumpster shall not encroach on required parking area, is clearly accessible to servicing vehicles, and is located at least ten (10) feet from any building.

a.

Dumpsters shall comply with the setback requirements for the district in which they are located.

b.

Dumpsters shall be located as far as practicable from any adjoining residential district.

(2)

Concrete pad. Dumpsters shall be placed on a concrete pad. The concrete pad should extend a minimum of three feet in front of the dumpster enclosure.

(3)

Screening. Dumpsters shall be screened from view from adjoining property and public streets and thoroughfares.

a.

Dumpsters shall be screened on three sides with a permanent building, decorative masonry wall, wood fencing, or earth mound, not less than six (6) feet in height or at least one (1) foot above the height of the enclosed dumpster, whichever is taller. The enclosure shall be constructed in an ornamental design that will harmonize with the principal building on the same lot.

b.

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.

(4)

Wood screening standards. If wood fencing is selected as the desired dumpster screening alternative, the following standards shall apply:

a.

Materials. Only solid No. 1 pressure-treated wood shall be permitted.

b.

Posts. Posts shall be set in concrete forty-two (42) inches below grade level. Two (2) types of posts shall be permitted: (1) Six (6) inches x six (6) inches pressure-treated wood; or (2) three (3) inches diameter galvanized steel posts.

(5)

Bollards. Bollards (concrete filled metal posts) or similar protective devices shall be installed at the opening and within the enclosure to protect the wall and gate from damage from the dumpster, trash container, or collection vehicles.

(6)

Site plan requirements. The location and method of screening of dumpsters shall be shown on all site plans and shall be subject to the approval of the planning commission.

(7)

Maintenance of trash containers. The dumpster and/or trash container, the screening enclosure, and the surrounding ground area shall be maintained in a neat and orderly appearance, free from rubbish, wastepaper, or other debris. It shall be the responsibility and duty of the owner of the parcel on which the dumpster and/or trash container is located to maintain the dumpster and/or trash container and the ornamental screening so as not to create a blight condition or an eyesore to the surrounding residential neighborhood.

(8)

Construction use. The provisions of this section shall not apply to a dumpster or trash container used on a temporary basis during the construction of any building, provided that such container is removed from the premises or moved to an approved, screened location on-site prior to issuance of the final certificate of occupancy.

(Ord. No. H-07-01, § 7.103, 7-24-07)

(a)

Temporary structures used for residential purposes. A building or structure may be approved for temporary residential use only while damage to the principal dwelling due to fire, flood, ice, wind, or other natural disaster is being repaired. Any such temporary building shall not be used as a residence without prior review and approval by the police, fire, and building officials.

(1)

Mobile homes as temporary residences. A mobile home or other approved living quarters may be occupied as a residence on a temporary basis on sites for which a building permit has been issued for construction, major repair, or remodeling of a new dwelling unit, subject to the following:

a.

Such permits may be issued by the building official for up to six (6) months in duration and may be renewed for periods of up to six (6) months, provided that work is proceeding expeditiously.

b.

The total duration of a temporary permit shall not exceed twenty-four (24) months.

c.

Temporary structures shall comply with the setbacks for the district in which they are located.

d.

The building official shall approve electrical and utility connections to any temporary structure.

e.

An approved temporary structure may be moved onto a site fourteen (14) days prior to commencement of construction and shall be removed within fourteen (14) days following issuance of a certificate of occupancy for the permanent dwelling.

f.

The applicant shall furnish the city with a performance guarantee in the amount of five hundred dollars ($500.00) to assure removal of the temporary structure.

(b)

Temporary structures used for nonresidential purposes. Temporary buildings for nonresidential use, including semi-trucks/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. Temporary construction buildings or structures shall be subject to the provisions of section 36-235, Temporary construction structures and uses.

(c)

Permits. Permits for the utilization of temporary structures shall be issued by the building official. The permit shall specify a date for the removal of the temporary structure, and the building official may require a bond to insure removal. A certificate of occupancy shall be required for temporary structures.

(d)

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

(e)

Special events and other temporary uses.

(1)

The city council, the zoning board of appeals or where applicable the building official (subsection 36-493(b), Administrative review), may grant temporary use of land and structures for special events and other temporary uses, 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. If the duration of a temporary use does not exceed five (5) days, including setup and breakdown, city council review is not required and the use may be reviewed administratively by the building official.

c.

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

d.

The city council, the zoning board of appeals or where applicable the building official (subsection 36-493(b), Administrative review) may require a performance bond to assure proper clean-up, according to subsection 36-7(2)).

(2)

Specific uses. The following conditions apply to specific temporary uses:

a.

Carnival or circus.

1.

Maximum duration: Ten (10) days.

2.

Operator or sponsor: Non-profit entity.

3.

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

b.

Sidewalk display and sale of bedding plants.

1.

Maximum duration: Ninety (90) days.

2.

Location: In commercial districts only.

3.

Sidewalk coverage: Shall not cover more than fifty (50) percent of the width of the sidewalk.

c.

Christmas tree sales.

1.

Maximum duration: Forty-five (45) days.

2.

Location: Shall not be located in or adjacent to any developed residential area.

3.

Clean-up: Stumps, branches, and other debris shall be completely removed from site.

d.

Festival.

1.

Maximum duration: Three (3) days operation, one (1) day set up and one (1) day tear down, total five (5) days.

2.

Operator or sponsor: Non-profit entity.

3.

Location: Shall not be located in or adjacent to any developed residential area except on church property.

4.

No live animals or fish to be given as prizes.

5.

No amplified music after 10:00 p.m.

6.

Must obtain temporary use permit and license from city building official.

(Ord. No. H-07-01, § 7.104, 7-24-07; Ord. No. H-10-02, § 1, 4-21-10)

(a)

Purpose. The regulations set forth in this section are intended to regulate the methods of storage, the types of materials that may be stored, and the accumulation of unusable, inoperable, or unsightly motor vehicles, machinery, or building materials that could be hazardous to the safety of children, encourage the propagation of rats or rodents, or detract from the orderly appearance of the city.

(b)

Motor vehicle parking and storage.

(1)

No motor vehicle shall be kept, parked, or stored in any district zoned for residential use, unless the vehicle is in operating condition and properly licensed, or is kept inside a building.

(2)

These provisions shall not apply to any motor vehicle ordinarily used but temporarily out of running condition.

(3)

If a motor vehicle is being kept for actual use, but is temporarily unlicensed, the ordinance enforcement officer may grant the owner a period of up to twenty-one (21) calendar days to secure a license.

(c)

Machinery and building materials storage. Unusable, rusty, nonfunctional, or inoperable machinery, equipment, parts, or building supplies not suited for use on the premises shall not be kept or stored outside of a building. Building materials intended to be used to improve the premises may be stored outside during the term of any site plan or permit approval, provided that such materials are piled off the ground so as not to become a suitable environment for vermin.

(d)

Use of vehicles for storage. Motor or recreational vehicles, cargo trailers, tankers, semi-trailers, and other vehicles shall not be used for storage purposes, except as permitted under section 36-251, Accessory structures.

(e)

Use standards. Setbacks, screening, and other use standards for any open storage shall be subject to the provisions of section 36-234, Outdoor storage.

(Ord. No. H-07-01, § 7.105, 7-24-07)

(a)

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

(1)

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

(2)

Existing yards. No yards in existence on the effective date of this chapter, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this article.

(3)

Double-frontage lots. For any double-frontage lot in a residential district, one street frontage shall be designated as the 'front' of the lot, with all yard and setback provisions to be then considered as if a typical lot.

(4)

Number of principal uses per lot. Only one (1) principal building shall be placed on a lot of record or parcel in single-family residential districts. In a single family site condominium project, only one (1) principal building shall be placed on each condominium lot.

(5)

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 of the width of said alley shall be considered a part of the lot.

(b)

Continued conformity with yard and bulk regulations. The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, for as long as the building is in existence.

(1)

No portion of a lot used in complying with the provisions of this article 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.

(Ord. No. H-07-01, § 7.201, 7-24-07)

(a)

Projections from a building. Outside stairways, fire escapes, fire towers, porches, platforms, balconies, boiler flues, air conditioning and refrigeration equipment, and other similar projections shall be considered part of the building, subject to the setback requirements for the district in which the building is located, except in the instances detailed below.

(b)

Exceptions. The following building projections shall be permitted to encroach into a required setback:

(1)

One (1) fireplace or chimney, not more than eight (8) feet in length and projecting not more than twelve (12) inches from the building.

(2)

Cornices not exceeding eighteen (18) inches in width, including the gutter.

(3)

Unenclosed porches, with or without a roof, or similar projections not higher than four (4) feet above the building grade, subject to the following setback regulations:

a.

A porch or similar projection shall not extend more than eight (8) feet into a required front yard.

b.

A porch or similar projection shall not extend more than fourteen (14) feet into a required rear yard.

c.

A porch or similar projection shall be set back four (4) feet from an interior side lot line.

d.

A porch or similar projection shall be set back five (5) feet from a street side lot line.

e.

On double-frontage lots, a porch or similar projection shall be set back seventeen (17) feet from either abutting street.

(4)

Air conditioning and refrigeration equipment located outside a residential structure shall be located in the rear yard. Placement of such equipment in the side yard shall be prohibited, except under the following conditions:

a.

The equipment is on the street side of a corner lot;

b.

No air discharge shall be directed toward adjacent properties;

c.

The equipment is screened from view of any public street; and

d.

The equipment is at least twenty-five (25) feet, measured horizontally, from any opening to a habitable room on neighboring property.

e.

Any installation of air conditioning or refrigeration equipment in a residential side yard shall be subject to administrative site plan review, per article XIV, Procedures and Standards. The applicant shall submit a written statement acknowledging the performance standards of this article relating to noise and a notarized letter of non-objection from the owner of any residential property reasonably affected by such air conditioning or refrigeration device.

(c)

Permitted projections. The following table summarizes permitted projections in required yards:

(Ord. No. H-07-01, § 7.202, 7-24-07)

(a)

Access drives. For the purposes of this article, 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.

(b)

Walkways and terraces. Any walkway, terrace, or other pavement providing access through a yard and not in excess of six (6) inches above grade shall be permitted in any required yard and not be considered to be a structure. The total area of any such walkway, terrace, or other pavement shall be included in the calculation of impervious surface, as regulated in this article.

(Ord. No. H-07-01, § 7.203, 7-24-07)

(a)

Each property owner shall be responsible for keeping their lot and buildings clean and free of any accumulation or infestation of dirt, filth, rubbish, garbage, vermin, or other matter.

(b)

Hazards. Any hazardous places on a lot shall be fenced and secured.

(Ord. No. H-07-01, § 7.204, 7-24-07)

(a)

Ground cover. The area between the lot line and edge of road pavement shall be maintained with grass or other suitable groundcover.

(b)

Maintenance responsibility. Property owners shall be responsible for the condition, cleanliness, and maintenance of the areas in front of their lot between the lot line and the pavement edge.

(Ord. No. H-07-01, § 7.205, 7-24-07)

(a)

Essential services. Essential services, as defined in article II, shall be permitted as authorized and regulated by franchise agreements and federal, state, and local laws and ordinances, it being the intention of this chapter to permit modification to regulations governing lot area, building or structure height, building or structure placement, and use of land in the city when strict compliance with such regulations would not be practical or feasible.

(1)

Review of essential services. Although essential services may be exempt from certain regulations, proposals for construction of essential services shall still be subject to site plan review and special land use 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 essential operation of said services.

(b)

Exceptions to height standards. The height limitations of this article shall not apply to roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain a building, fire or parapet walls, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, smokestacks, public monuments, individual domestic radio and television aerials, wireless communications facilities (as defined at section 36-336), water tanks, or similar structures; provided that the following requirements are complied with:

(1)

Maximum height extension. No such structure may exceed by more than fifteen (15) feet the height limits of the district in which it is located, whether located on a roof or freestanding.

(2)

Roof coverage. No such structure, when mounted on a roof, shall have a total area greater than twenty-five (25) percent of the roof area of the building.

(3)

Location in required yards. No such structure shall be located within any required front or side yard, except as permitted under section 36-267, Yard encroachments.

(4)

Use of structure. No such structure shall be used for any residential purpose or any commercial or industrial purpose other than a use incidental to the main use of the building.

(5)

Height restrictions near airports. Height restrictions for all buildings, structures and appurtenances erected beneath established aircraft approach lanes shall be as established by the zoning board of appeals after consultation with the appropriate aeronautical agency.

(c)

Criteria for variances from height standards. 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 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.

(Ord. No. H-07-01, § 7.206, 7-24-07)

(a)

Grading of yards. Any building requiring yard space shall be located at such an elevation, as determined by the city engineer, that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building.

(1)

Front yard. A sloping grade, beginning at the sidewalk level, shall be maintained and established from the center of the front lot line to the finished grade line at the front of the building.

(2)

Rear and side yards. The rear and side yards shall be sloped to allow for the flow of surface water away from the building without creating a nuisance to adjacent properties.

(3)

Exceptions. This section shall not prevent the grading of a yard space to provide sunken or terraced areas, provided proper means are constructed and maintained to prevent the runoff of surface water from creating a nuisance to adjacent properties.

(b)

New construction on vacant lot. When a new building is constructed on a vacant lot between two (2) existing buildings or adjacent to an existing building, the average finished grade of the adjacent building(s) shall be used in determining the grade around the new building. The yard around the new building shall be graded in such a manner as to meet existing grades and not to permit runoff of surface water to flow onto the adjacent properties.

(c)

Approval of final grades. Final grades shall be approved by the building inspector only after a "certificate of grading and location of building within the City of Dearborn Heights" in accordance with the approved grading plan on file with the building and engineering department, has been duly completed and certified by a registered civil engineer or land surveyor.

(Ord. No. H-07-01, § 7.301, 7-24-07)

(a)

Building permit required. Any building or structure which has been wholly or partially erected on any premises located within the city shall not be moved to and be placed upon any other premises in the city until a building permit for such removal shall have been secured according to the provisions of section 36-5, Building permit.

(1)

Conformance with zoning ordinance. Any such building or structure shall fully conform to all the provisions of this chapter in the same manner as a new building or structure.

(2)

Restriction on moving buildings. No building or structure shall be moved into the city from outside the city limits.

(b)

Inspection required. Before a permit may be issued for moving a building or structure, representatives from the building and engineering department and the city engineer shall inspect the same and shall determine if it is in a safe condition to be moved, whether it may be reconditioned to comply with the building code and other city requirements for the use and occupancy for which it is to be used, and whether it will be of similar character with the buildings in the area where it is to be moved.

(1)

Fees. Special inspection fees may be charged to cover costs of inspecting the old site and the new site of the building or structure.

(c)

Utility disconnection. Clearances must be obtained from all utility companies ensuring that utilities are discontinued to the building to be moved and all facilities accounted for.

(Ord. No. H-07-01, § 7.302, 7-24-07)

(a)

Prohibition. The construction, maintenance, or existence within the city of any unprotected, open, or dangerous excavations, holes, pits, or wells that are reasonably likely to constitute a public danger is hereby prohibited.

(1)

Permitted excavation. This section shall not prevent any excavation under a permit issued pursuant to this chapter or the building code of the city, where such excavations are properly protected and approved warning signs are posted. Excavations and holes created in conjunction with a construction project shall be adequately barricaded and illuminated if not filled in at the end of the working day. Where such excavations or holes are located in a public right-of-way, it shall be the responsibility of the contractor to notify the city police department of their existence.

(2)

Bodies of water. This section shall not apply to streams or natural bodies of water; or to ditches, streams, reservoirs, or other major bodies of water created or existing by authority of any governmental agency.

(b)

Excavation, removal, and filling of land. The use of land for the excavation, removal, filling, or depositing of any type of earth material, topsoil, gravel, rock, garbage, rubbish, or other wastes or by-products, is not permitted in any zoning district, except under a certificate from the building and engineering department in accordance with a topographic plan, approved by the city engineer and submitted by the owner of the property concerned.

(1)

Required plan elements. The topographic plan shall be drawn at a scale of not less than fifty (50) feet to one (1) inch and shall show existing and proposed grades, topographic features, and such other data as may from time to time be required by the city engineer.

(2)

Surety. Such certificate may be issued in appropriate cases upon the filing with the application of a surety bond executed by a surety company authorized to do business in the state, running to the city in an amount as established by the city engineer. The amount of the surety shall be sufficient to rehabilitate the property upon default of the operator of such excavating or filling operation, and to cover court costs and other reasonable expenses.

(3)

Exception. This regulation does not apply to normal soil removal for basement or foundation work when a building permit has previously been duly issued by the building and engineering department.

(Ord. No. H-07-01, § 7.303, 7-24-07)

(a)

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

(b)

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

If public water is available, 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.

b.

Prior to construction of buildings and other large structures, a hard surfaced roadbed shall be provided to accommodate access of heavy fire fighting 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.

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 daily 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.

(c)

Building demolition. Before a building or structure is demolished, the owner, wrecking company, or person who requests the demolition permit shall notify all utility companies providing service to the building. A demolition permit shall not be issued until all utility companies have provided notification that service has been properly terminated.

(Ord. No. H-07-01, § 7.304, 7-24-07)

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 planning commission 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 planning commission shall consider the following:

(1)

Determination of compatibility. In making the determination of compatibility, the planning commission 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 planning commission determines that the proposed use is compatible with permitted and existing uses in the district, the commission shall then decide whether the proposed use shall be permitted by right, as a special or conditional 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. The planning commission shall have the authority to establish additional standards and conditions under which a use may be permitted in a district.

(3)

Use listed elsewhere. 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 or conditional use in any other district.

(Ord. No. H-07-01, § 7.305, 7-24-07)