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Dexter City Zoning Code

ARTICLE III

General Provisions

§ 65-3.01 Administrative regulations.

A. 
Scope of regulations.
1. 
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 chapter.
2. 
However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter and construction is begun within six 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 Zoning Compliance for the use for which the building was originally designated, subject thereafter to the provisions of Article IV concerning nonconformities. Any subsequent text or map amendments shall not affect previously issued valid permits.
B. 
Minimum requirements. The provisions of this chapter 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.
1. 
This chapter 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 chapter.
2. 
However, where the regulations of this chapter 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 chapter shall govern.
D. 
Vested right. Nothing in this chapter 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 chapter 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.
1. 
No building or structure shall hereafter be erected or altered to exceed the height; to occupy a greater percentage of lot area; to have (a) narrower or smaller rear yards, front yards, side yards, or other open spaces than prescribed for the district in which the building or structure is located.
2. 
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth for the district in which the yard or lot is located. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
3. 
No part of yard or other open space required for or in connection with, any structure for the purpose of complying with this chapter, shall be included as part of a yard or open space similarly required for any other structure.
F. 
Division and consolidation of land. The division and consolidation of land shall be in accordance with the Subdivision Control Act, Michigan Public Act 288 of 1967, as amended.[1] No lot or parcel shall hereafter be divided into two or more lots and no portion of any lot shall be sold, unless all lots resulting from each such division or sale conform with all regulations of the zoning district in which the property is located.
[1]
Editor's Note: See MCL 560.101 et seq.
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 chapter shall not be made lawful solely by adoption of this chapter. In case any building, or part thereof, is used, erected, occupied, or altered contrary to the provisions of this chapter, 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 chapter. Public expenditures toward abating any such nuisance shall become a lien upon the land.

§ 65-3.02 Accessory structures.

All accessory buildings and structures, except for accessory dwelling units (see § 65-14.03), permitted in this Zoning Ordinance shall be subject to the following:
A. 
Relation to principal building: Accessory buildings, structures, and uses are permitted only in connection with, incidental to and on the same lot with, a principal building, structure or use which is permitted in the particular zoning district. No accessory building, structure, or use shall be occupied or utilized unless the principal structure to which it is accessory is occupied or utilized.
B. 
Permit required: Any accessory building or structure greater than 100 sq. ft. shall require a Zoning Compliance Permit.
C. 
Maximum number of detached accessory buildings: The maximum number of detached accessory buildings shall be as follows:
Zoning District
Maximum Number
R-1, VR-1, VR-2
1 detached building of over 100 sq. ft.
2 detached buildings, each 99 sq. ft. or less
MF, MHP
1 detached building per building with dwelling unit(s)
VC, CBD
1 detached building for house or duplex building forms
None for all other building forms
ARC, BRC, PF, I-1, R-D
1 detached building per lot
D. 
Maximum lot coverage for accessory buildings: The lot coverage of all principal and accessory buildings, detached or attached, must not exceed the maximum lot coverage for the zoning district.
E. 
Restrictions on placement for accessory buildings: Accessory buildings shall not be erected in any right-of-way, easement, or front yard. When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building shall not project beyond the front yard setback required on the lot to the rear of such corner lot.
F. 
Required setbacks for attached accessory buildings or structures: Where the accessory building, structure or use is structurally attached to a principal building, structure or use (e.g., a deck, garage or breezeway), it shall be subject to all the regulations of this section applicable to principal buildings, structures and uses.
G. 
Required setbacks detached accessory buildings: The required setbacks for detached accessory buildings shall be as follows:
Zoning District
Principal Building
(feet)
Side Street ROW
(feet)
Side and Rear Lot Line
(feet)
Shoreline
(feet)
Wetland*
(feet)
R-1
10
10
3
50
10
VR-1, VR-2, VC, CBD
See building form standards in § 65-11.03D
MF, MHP
10
10
3
ARC, BRC
10
Parking lot setbacks for building form of principal building
PF
10
10
10
I-1, R-D
10
Principal building setback
Notes:
* Boundary of a wetland regulated by the Michigan Department of Environment, Great Lakes and Energy (EGLE) or the federal government.
H. 
Maximum height of detached accessory buildings or structures: The maximum building height of any detached accessory building or structure shall be as follows:
Zoning District
Maximum Height (feet)
R-1,
14
VR-1, VR-2, VC, CBD
See building form standards in § 65-11.03D
MF, MHP
14
ARC, BRC
Ground floor height for building form of principal building
PF, I-1, R-D
Height of the principal building or equal to maximum building height for the zoning district, whichever is less.
I. 
Drainage: The placement and design of any accessory building or structure shall not have a significant impact on stormwater runoff. The Zoning Administrator may require grading plans or a sketch plan to ensure compliance with this provision.
J. 
Restrictions on use: Accessory buildings shall not be occupied for dwelling purposes nor used for any business profession, trade, or occupation, unless otherwise specified by this chapter.
K. 
Carports and garages in multiple family: Carports and garages in multiple family dwelling developments shall have a maximum height of 14 feet, measured from the grade to the peak of the structure. Carports shall be partially screened by landscape screen walls, berms, retainer walls, or a combination thereof, along the sides and front end facing any public roads or internal road or drive.

§ 65-3.03 Lawful use of a structure as a dwelling unit.

A. 
Incompletely constructed structures. Any incompletely constructed structure which does not meet the requirements of the Building Code or this chapter shall not be issued a Certificate of Final Zoning Compliance 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. The restrictions shall not prevent temporary use of structure as a residence in accordance with § 65-3.06.

§ 65-3.04 Temporary structures and uses.

[Ord. No. 2026-01, 1-12-2026]
A. 
General requirements. All temporary buildings, structures and temporary special events shall require a Zoning Compliance Permit, in accordance with § 65-22.04 of this chapter, and furthermore, shall comply with the following requirements:
1. 
Temporary structures used for residential purposes.
a. 
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 Zoning Administrator, the issuance of a zoning compliance permit, as cited in Subsection A, above; and a certificate of occupancy issued by the Washtenaw County Building Department.
b. 
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:
i. 
Such permits may be issued by the Zoning Administrator for up to six months in duration and may be renewed for a period of up to six months, provided that work is proceeding in an expeditious manner.
ii. 
The total duration of a temporary permit shall not exceed 12 months.
iii. 
Temporary structures shall comply with the setback standards for the district in which they are located.
iv. 
The Zoning Administrator shall verify electrical and utility connections to any temporary structure. Unless exempted by the Building Code, the temporary structure shall be connected to public water and sanitary sewer lines. If public water and sanitary lines are not available to the lot, the temporary structure shall be connected to a well and a septic or holding tank, in which case the applicant shall obtain a permit therefor from the Washtenaw County Health Department.
v. 
An approved temporary structure may be moved onto a site 14 days prior to commencement of construction and shall be removed within 14 days following issuance of a Certificate of Occupancy for the permanent dwelling.
2. 
Temporary structures used for nonresidential purposes.
a. 
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 Zoning Administrator. Unless exempted by the Building Code, the temporary structure shall be connected to public water and sanitary sewer lines. If public water and sanitary lines are not available to the lot, the temporary structure shall be connected to a well and a septic or holding tank, in which case the applicant shall obtain a permit therefor from the Washtenaw County Health Department. 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.
b. 
A non-residential temporary structure, designed as a sales office, may be used in a residential development, including a PUD, exclusively for the purpose of selling new dwelling units within said residential development. The temporary structure may be used only during the construction of a model home/sales office and shall be removed no later than seven days after the issuance of any occupancy certificate for the model home. In no case may a temporary sales office be used for more than a one year period. The temporary office shall be the sole occupancy of, and located entirely within the buildable area of, a single lot, shall provide the off-road parking required by § 65-5.04 and shall meet all requirements of the Building Code. Unless exempted by the Building Code, the temporary structure shall be connected to public water and sanitary sewer lines. If public water and sanitary lines are not available to the lot, the temporary structure shall be connected to a well and a septic or holding tank, in which case the applicant shall obtain a permit therefor from the Washtenaw County Health Department. The temporary structure may not be occupied until a Certificate of Occupancy has been issued.
3. 
Permits. Permits for the utilization of temporary structures shall be issued by the Zoning Administrator. The permit shall specify a date for the removal of the temporary structure, and the Zoning Administrator shall require posting of a bond to ensure removal. A Certificate of Occupancy shall be required for such structures.
a. 
The applicant shall furnish the City with a performance guarantee in the amount of $500 to assure removal of the temporary structure.
b. 
No zoning permit shall be issued until the Zoning Administrator has verification or documented exemptions per the Building Code of electrical, utility, water, and sanitary connections.
c. 
The Zoning Administrator may require a performance bond to assure proper cleanup.
4. 
Use as an accessory structure. A temporary building or structure shall not be used as an accessory building or structure, except as permitted herein.
5. 
Temporary special events and temporary uses. Any temporary special event or temporary use, as defined in Article II of this chapter, shall require a Zoning Compliance Permit, reviewed and approved by the Zoning Administrator, in accordance with § 65-22.04B. The temporary uses and temporary special events are 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 in terms of number of days and hours of operation.
c. 
Electrical and utility connections are subject to review and approval of the Zoning Administrator, the Superintendent of Public Services, and the Washtenaw County Building Department.
d. 
When the proposed temporary use falls under the provisions of Chapter 34 of the City of Dexter's General Code of Ordinances, the Zoning Administrator shall require the applicant to obtain a Peddlers, and Transient Merchants license under the provisions of that Chapter.
e. 
Location of waste receptacles and schedule for waste pick up.
f. 
A temporary special use shall not be interpreted to be a continuance of a nonconforming use.
g. 
Food trucks, as defined in Article II, shall be allowed only as part of another temporary special event. In those cases, approval from the Fire Department and a valid food truck operator's Washtenaw County Health Department Approval Letter or MDARD License are required before the zoning compliance permit may be issued by the Zoning Administrator.

§ 65-3.05 Uses not otherwise included within a district.

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 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.
a. 
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 land 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.
b. 
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.

§ 65-3.06 Yard and bulk regulations.

A. 
General regulations. All lots, buildings, and structures shall comply with the following general yard and bulk regulations unless specifically stated otherwise in this chapter:
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. 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 chapter.
2. 
Number of principal uses per lot. Only one 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 principal building shall be placed on each condominium lot, as defined in Article II.
3. 
Relocation of existing buildings into the City. No existing building or structure shall be relocated upon any parcel or lot in the City of Dexter unless the building or structure conforms to all requirements for the district in which the building or structure is to be located.

§ 65-3.07 Property maintenance.

Every parcel of property, including buildings, vacant or occupied, and every part thereof, including the yards, courts, passages, areas of alleys connected therewith or belonging to the same, shall be kept clean and shall be kept free from any accumulation of dirt, filth, rubbish, garbage, or other matter in or on the same. The owner of every dwelling shall be responsible for keeping the entire building free from vermin. The owner shall also be responsible for complying with the provision of this section except that the tenants shall be responsible for the cleanliness of those parts of the premises which they occupy and control. Any hazardous places that are necessary during the construction must be fenced or boarded up. Property owners and/or occupants shall be held responsible for the condition, cleanliness, and maintenance of the areas between their lot lines and adjoining roads and curbs, where existing.

§ 65-3.08 Dumpster and waste receptacles.

Dumpster, including waste receptacles, waste compactors, and recycling bins shall be designed, constructed, and maintained according to the standards of this section. Waste receptacle location and details of construction shall be shown on site plans. A change in receptacle location or size shall require modification to the enclosure, as warranted by this section.
A. 
Location: Waste receptacles shall be located in the rear yard or nonrequired side yard, unless otherwise approved by the Planning Commission and shall be as far as practical, and in no case be less than 20 feet from any residential district and in such a way that they are not easily damaged by the refuse device. The location and orientation of waste receptacle and enclosure shall minimize the potential for the waste receptacle to be viewed from public road or adjacent residential districts.
B. 
Access: Waste receptacles shall be easily accessed by refuse vehicles without potential to damage the building or automobiles parked in designated parking spaces.
C. 
Base design: The receptacle base shall be at least 12 feet (20 feet for a dual dumpster corral) by eight feet, constructed of six inches of reinforced concrete pavement. A base apron shall extend 10 feet beyond the waste receptacle pad or gate to support the front axle of a refuse vehicle.
D. 
Enclosure: Waste receptacles shall meet the following standards:
1. 
Each waste receptacle shall have an enclosing lid or cover.
2. 
Waste receptacles shall be enclosed on three sides with a gate on the fourth side. A gate shall not be required if the opening of the enclosure is not visible from the public road or a residential district, as determined by the Planning Commission. A gate must be maintained in operable and sanitary condition.
3. 
The enclosure shall be constructed of brick, concrete or decorative precast panel with brick effect, or a wooden enclosure, provided that the lumber is treated to prevent decay or is determined by the Zoning Administrator to be durable and suitable for outdoor use with a maximum height of six feet or at least one foot higher than the receptacle, whichever is higher, and spaced at least three feet from the receptacle.
4. 
Bollards or similar protective devices may be installed at the opening to prevent damage to the enclosure.
5. 
The enclosure shall be screened with five foot high evergreens planted a minimum of six feet apart wherever the enclosure wall is visible to a public road or residential district. See § 65-6.12, Waste receptacle and mechanical equipment screening.

§ 65-3.09 Fences.

Fences are permitted subject to the following regulations:
A. 
Permits: The erection, construction, or alteration of any fence shall require a permit and shall be approved by the Zoning Administrator in compliance with the provisions of this chapter. All applications for fence permits shall be submitted to the Zoning Administrator and shall be accompanied by the following:
1. 
A completed fence permit application form.
2. 
Fence design information, including dimensions of the fence as proposed, the height of the fence, design of the fence, the type of materials to be used for the fence, footing information, and a picture of the proposed fence.
3. 
A survey showing the location of the proposed fence.
a. 
When a fence is proposed directly on the property line, unless otherwise mentioned in this chapter, the survey must be accompanied by the submission of written consent from all adjacent property owners or a certified survey verifying the location of the property lines.
4. 
The fee for the fence permit, as set by resolution of the City Council.
B. 
General fence requirements:
1. 
Fence height shall be measured from the surrounding grade at every point along the fence line.
2. 
Chicken wire fences are strictly prohibited.
3. 
Fences that have one finished and one decorative side shall be erected with the finished or decorative side facing to the exterior of the lot to which the fence is associated. Any reconstruction of a non-conforming fence shall require a permit and must meet current chapter standards, unless otherwise specified in the chapter.
4. 
A single fence is allowed per property line.
5. 
Fence ownership shall be determined by the fence permit applicant.
C. 
Front yard fence standards: Corner lots have two front yards. Fences may be located in a front yard of any lot of record when the following standards are met:
1. 
The fence is of an ornamental nature of approved materials, of a design as to be nonsight obscuring and of a fence type listed below:
a. 
Post and rail.
b. 
Split rail.
c. 
Picket.
d. 
Wrought iron.
e. 
Other types of ornamental fences approved by the Planning Commission on a case-by-case basis.
2. 
Maximum height of 36 inches, with the following exceptions:
a. 
The maximum height may be lower on a corner lot to meet the requirements for clear vision areas in § 65-5.03D.
3. 
No front yard fence shall be erected closer than six inches to any public sidewalk or the property line, and shall not cross any public rights-of-way.
D. 
Side yard fence standards: Fences may be located in the side yard when the following standards are met:
1. 
Maximum height of six feet.
2. 
Fences shall only extend along the side property line equal distance to the length of the principal building and not extend beyond the front building line. A six-foot fence may extend perpendicular from the property line to the front building line.
E. 
Rear yard fence standards: All fence types, including privacy fences are permitted in rear yards when the following standards are met:
1. 
Maximum height of six feet in height measured from the surrounding grade at every point along the fence line.
2. 
Privacy fences may be erected in a rear or side yard on any lot of record provided the privacy fence does not extend beyond the rear property line.
F. 
Prohibition in right-of-way: Fences shall not be erected in public rights-of-way.
G. 
Location/height in industrial districts: Fences are permitted in I-1 and R-D Zoning Districts when the following standards are met:
1. 
The fence is located in the side or rear yard. Fences are not permitted in the front yard.
2. 
Maximum height of six feet. A maximum height of eight feet may be allowed when the fence does not constitute an unreasonable hazard or nuisance.
H. 
Public fences: Fences which enclose public parks, public institutions, playgrounds, or other public areas are permitted when the following standards are met:
1. 
The maximum height is eight feet in height, measured from the surrounding grade at every point along the fence line.
2. 
The fence shall not obstruct vision to an extent greater than 25% of the total fence area.
I. 
Restrictions: Fences shall not contain electric current or charge of electricity. Barbed wire, spikes, nails or any other sharp instruments of any kind are prohibited on top of or on the sides of any fence. Fences protecting public utilities and property may use barbed wire or other security fencing measures.
J. 
Maintenance: All fences shall be maintained in a good condition, in an upright position and shall not constitute an unreasonable hazard. Any fence which is not maintained, as determined by the Zoning Administrator, shall be removed, or replaced (any required fence shall be replaced) at the owner's expense.

§ 65-3.10 Recreational vehicle parking and storage.

The outdoor parking or storage of a mobile home, camper trailer, motor home, race cars, snowmobiles, boats, ATV's, and similar recreational vehicles for periods exceeding 48 hours in the front yard on lands not approved for such use is prohibited, except that the Zoning Administrator may issue a temporary permit which shall allow the parking of such a recreational vehicle on private property for a period not exceeding two consecutive weeks. Any parked or stored recreational vehicle shall be legally operable and licensed and shall not be connected to any sanitary facilities. Recreational vehicles may be stored over 48 hours provided the vehicles shall be stored only within the confines of the rear yard or side yard when behind the front building line of the principal building; and shall further comply with the side and rear yard setback applicable to accessory buildings.

§ 65-3.11 Outdoor lighting.

A. 
Purpose and intent. The purpose of this section is to provide outdoor lighting standards and regulations that decrease light pollution while maintaining property safety, preserve views of the night sky, and promote energy efficiency, community health, and harmony between neighbors. Specifically, this section is intended to promote the public health, safety and general welfare of the City of Dexter by:
1. 
Maintaining safe night-time driver performance on public streets by minimizing both brightly lit surfaces and lighting glare;
2. 
Promoting lighting that provides security but protects the privacy of adjacent properties;
3. 
Allowing lighting that is not unduly intrusive or a nuisance to nearby residents, property occupants, and drivers; and
4. 
Eliminating intrusive artificial light and lighting that unnecessarily contributes to sky glow and energy consumption.
B. 
Zoning Compliance permit.
1. 
A Zoning Compliance permit shall be required prior to the installation, modification, or replacement of any outdoor lighting fixture, in all districts, in accordance with the provision of this chapter and pursuant to § 65-22.04 of the Zoning Ordinance.
C. 
Approval process. Approval of proposed outdoor lighting shall be required, as established herein.
1. 
Residential and nonresidential lighting where site plan review is required. Where site plan review is required, as established by § 65-21.02, the following information shall be included for all buildings, structures, and uses that require site plan review, per § 65-21.02 and § 65-21.03 of the Zoning Ordinance:
a. 
A site plan, or plot plan survey for a zoning compliance permit, drawn to a scale of no more than one inch to 30 feet showing the buildings, landscaping, parking and service areas, and location and type of all proposed outdoor lighting, including the building lighting.
b. 
A photometric grid overlaid on the proposed site plan. A photometric plan shall indicate lighting levels at ground level based on no greater than a 25-foot on-center grid and shall project 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.
c. 
An analysis showing that the proposed installation conforms to the lighting level standards in this chapter. All lighting shall have the intensities and uniformity ratio consistent with the Lighting Handbook of the Illuminations Engineering Society of North America (IESNA).
d. 
Specifications for all proposed lighting fixtures, including mounting heights, photometric data, designation as sharp cut-off fixtures by IESNA, Color Rendering Index (CRI) of all lamps (bulbs), and other descriptive information on the fixtures.
2. 
Non-residential lighting—Existing building or structure.
a. 
Where the Building or Electrical Codes require a permit, proposed replacement lighting for an existing building or structure shall be subject to review by the Zoning Administrator. The following information shall be included with the application for a zoning compliance permit:
i. 
Locations of proposed replacement outdoor lighting fixtures.
ii. 
Photometric grid overlaid on the site plan, as described in Subsection C.1.b, above, if requested by the Zoning Administrator.
iii. 
Manufacturer's specification sheet for each type of proposed fixture.
b. 
Where the Building or Electrical Codes do not require a permit, replacement lighting shall nevertheless comply with the regulations in this chapter.
3. 
Residential lighting—New building or structure. Proposed outdoor lighting for a new home shall be subject to review by the Zoning Administrator. The following information shall be included on or with the application for a for a zoning compliance permit:
a. 
Locations of all outdoor lighting fixtures.
b. 
Manufacturer's specification sheet for each type of proposed fixture.
4. 
Residential Lighting—Existing Building or Structure.
a. 
Where the Building or Electrical Codes require a permit, proposed replacement lighting for an existing home shall comply with the regulations in this chapter, and be further subject to review by the Zoning Administrator. The following information shall be included on or with the application for a zoning compliance permit:
i. 
Locations of proposed replacement outdoor lighting fixtures.
ii. 
Manufacturer's specification sheet for each type of proposed fixture.
b. 
Where the Building or Electrical Codes do not require a permit, replacement lighting shall nevertheless comply with the regulations in this chapter.
D. 
Outdoor lighting.
1. 
Type. All outdoor lighting, including freestanding, canopy, pole, and building mounted, shall be fully shielded and directed downward to prevent off-site glare and illumination. No portion of the lamp, reflector, lens, or refracting system may extend beyond the housing or shield, with the exception of pedestrian lighting.
a. 
Decorative or historic light fixtures may be approved as an alternative to shielded fixtures when it can be proven that there will be limited off-site light trespass through the use of low-wattage lamps and the proposed fixtures will be more consistent with the character of the site.
2. 
Intensity. The intensity of light within a site shall not exceed 10 footcandles within any part of the site and one footcandle at any lot line, except where it abuts or faces a Residential Zone District or residential use, and then the intensity of light shall not exceed a maximum of 0.5 footcandles.
3. 
Color temperature. The color temperature of all light sources shall not exceed 3,000 degrees Kelvin.
4. 
Height. The height of freestanding light fixtures shall be measured from the ground to the top of the light fixture and shall not exceed 20 feet. Except as otherwise required, the height of fixtures in a Residential Districts and Form Base Districts VR-1 and VR-2 or within 200 feet of property occupied by a residential use shall not exceed the following light source to ground level height limits, except as may be permitted by the Planning Commission.
a. 
Eighteen feet for parking lots.
b. 
Eighteen feet for sidewalks and pathways.
5. 
Fixtures.
a. 
All outdoor fixtures, including building mounted fixtures, shall be full cut-off, shielded fixtures as defined by IESNA.
b. 
Poles for lighting fixtures shall be of a fixed height. Adjustable poles are prohibited.
c. 
High Intensity Discharge (HID) fixtures shall be used in an effort to maintain a unified lighting standard throughout the City and prevent "sky glow." High pressure sodium fixtures shall be prohibited.
d. 
The Zoning Administrator may approve decorative light fixtures as an alternative to shielded fixtures when it can be demonstrated that there shall be no off-site glare or illumination and the proposed fixtures will improve the appearance of the site.
6. 
Light poles. The base of light poles in parking areas shall be either flush with grade or mounted on a concrete foundation projecting no more than 36 inches above grade. The base of light poles in non-parking areas shall be either flush with grade or mounted on a concrete foundation projecting no more than six inches above grade.
E. 
Lighting reduction.
1. 
Hours.
a. 
On all non-residentially developed lots which contain a minimum of four parking lot light poles, parking lot lighting levels for ground surface parking lots must be reduced by at least 50% of full operational levels within 30 minutes after the close of business.
b. 
Lighting levels may be reduced by turning off 50% of the parking lot lights or by dimming parking lot lighting levels to no more than 50% of the levels used during business or activity hours within 30 minutes of the close of business, or by some combination thereof.
2. 
Security.
a. 
Given that a certain minimum lighting level is recommended for safety and security purposes, this provision does not require parking lot lighting levels to be reduced to less than 0.2 footcandles as measured horizontally at the surface on which the light pole is mounted.
b. 
The need for security lighting (e.g., the lighting for safety of persons and property) shall be demonstrated. To the extent that an area is illuminated for other purposes, independent security lighting is not allowed.
c. 
All security fixtures shall be shielded and aimed so that illumination is directed only to designated areas. In no case shall lighting be directed above a horizontal plane through the top of the lighting fixture, and the fixture shall include full cut-off shields that prevent the light source or lens from being visible on adjacent lots and streets. The use of general floodlighting fixtures is not allowed.
F. 
Architectural lighting. When buildings and structures are to be illuminated, the Zoning Administrator shall approve a design for the illumination using the following requirements.
1. 
Direction of lights. Lighting fixtures shall be carefully sited, aimed and shielded so that light is directed only onto the building façade. Lighting fixtures shall not be directed toward adjacent streets, streets or properties, and light shall not trespass onto surrounding properties.
2. 
Façade lighting. Lighting fixtures mounted on the building and designed to wash the façade with light are permitted.
3. 
Accent lighting. Luminous tube (neon), string lighting, LED or fluorescent lighting may be allowed as an architectural detail on the exterior of any structure, provided that such lighting shall not completely outline or define property lines, sales areas, roofs, doors, windows or similar areas in a manner that is not primarily for safety purposes. Accent lighting may be approved by Zoning Administrator upon determining that the accents would not cause off-site glare or light pollution and that lighting is not intended to be used as the equivalent of a sign.
4. 
Landscape lighting. The illumination of landscaping shall not generate excessive light levels, cause glare, or direct light beyond the landscaping.
G. 
Other lighting requirements.
1. 
Indirect illumination of signs, canopies, bollards and buildings is permitted provided a maximum 125-watt bulb is used and placed or shielded to prevent glare.
2. 
Electrical feeds to lighting standards shall only run underground.
3. 
The use of a laser light source, search lights or any similar high intensity light for outdoor advertisement or entertainment is prohibited, except as may be permitted as part of a temporary special event permit.
4. 
Lighting shall not consist of or have the appearance of movement or flashing components, except as otherwise permitted in this chapter.
H. 
Exemptions. The following outdoor light fixtures are exempt from the provisions of this section:
1. 
Streetlights within a public right-of-way.
2. 
Pedestrian walkway ground lighting.
3. 
Outdoor light fixtures which use an incandescent light bulb of 150 watts or less, or equivalent except where they create a hazard or nuisance from glare or spillover light. Internally illuminated architectural bands or external lighting directed on buildings may be approved where it can be shown that the treatment will serve a legitimate function and will not adversely impact neighboring properties.
4. 
Lighting necessary for designated recreational fields or similar uses that cannot reasonably comply with the standards and provide sufficient illumination of the recreational field for safe use, following IESNA standards. The fixtures shall be aimed so that their beams are directed and fall within the primary playing or performance area. Lights shall be turned off within one-half (½) hour of the completion of the event.
5. 
Temporary low illuminance lights used for seasonal display (e.g., holiday lights) are exempt from the regulations regarding fixture orientation and shielding, mounting height, and color correction in this chapter.
6. 
The following uses shall be exempt from the provisions of this chapter, except that a photometric grid overlaid on the site plan indicating the level of illumination throughout the site in footcandles, as described in Subsection C.1.b above, if requested by the Zoning Administrator, when deemed necessary to protect the public health, safety, and welfare:
a. 
Government facilities, parks and open areas, municipal utility facilities.
b. 
Roadway and airport lighting.
c. 
Construction or emergency lighting, provided such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting.
I. 
Prohibited lighting types. The following lighting types are prohibited, except as may otherwise be permitted herein:
1. 
The use of search lights, lasers, or any similar high-intensity light.
2. 
Floodlights.
3. 
Flashing, moving, strobe, or intermittent-type lighting.
4. 
Exterior exposed luminous tube lighting (neon, cold cathode, or similar source), or exposed bulb fluorescent lighting.

§ 65-3.12 Sanitary sewer and water facilities.

All uses put in place on or after the effective date of adoption or amendment of this chapter in any district, shall be connected to the public sanitary sewer and water supply systems. On-site facilities and privately owned and operated sewer and water systems are prohibited. Any on-site system which is legal at the time of adoption of this chapter may be kept in operation until such system fails. Upon failure of such on-site system, the use must be connected to the public system.

§ 65-3.13 Completion of construction.

A. 
Nothing in this chapter shall require a change in plans, construction, or designated use of any building for which actual construction was lawfully beginning prior to the effective date of operation of this chapter or later amendment which may apply.
B. 
Actual construction is hereby defined to include the placing of construction materials in a permanent position and fastening them in a permanent manner. Where excavation, demolition, or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition, or removal shall be deemed to be actual construction provided that the work shall be carried on diligently. In the case of such excavation, demolition, or removal, however, this provision shall expire and not be in effect 365 days following the effective date of adoption or amendment of this chapter, unless a permit for the actual construction of a new building has been issued by the Zoning Administrator.
C. 
Where a building permit has been issued in accordance with the law within 365 days of such effective date and diligently pursued to completion, said building or structure shall be completed in accordance with the approved plans on the basis of which the building permit was issued, and further, upon completion shall be occupied by the use for which it was originally designed, subject thereafter to provisions of Article IV, Nonconformities, herein, if applicable.
D. 
Any basement, cellar, garage, or any incomplete structure without an occupancy permit in use as a dwelling on the effective date of adoption or amendment of this chapter shall not be used as a dwelling for more than 12 months following said date, unless said structure has been completed in conformance with the regulations of the district in which located.

§ 65-3.14 Engineering design specifications.

A. 
The Dexter City Council shall, by ordinance, establish comprehensive, minimum engineering design specifications for site improvements applicable to all zoning districts in the City of Dexter. These standards shall constitute the minimum requirements adopted for promotion and preservation of the public health, safety, and general welfare of the City of Dexter. The standards shall not repeat abrogate, annul or in any manner interfere with existing regulations, ordinances, or laws of the City of Dexter, nor conflict with any statutes or regulations of the State of Michigan or Washtenaw County; provided, that these standards shall control where they impose higher standards than provided by said existing regulations, ordinances, statutes, or laws. Proprietors are encouraged to design facilities which take into consideration actual site conditions. Where such conditions warrant, the proprietor is encouraged to design and construct improvements which are compatible and appropriate and not merely in compliance with the standards.
B. 
The minimum engineering design specifications may, by ordinance of the Dexter City Council, be amended from time to time to reflect updates in the accepted state of construction standards, materials, and design.

§ 65-3.15 Solar energy systems.

A. 
Intent: The City of Dexter promotes the effective and efficient use of solar energy collection systems. It is the intent of the City to permit these systems by regulating the siting, design, and installation of such systems to protect the public health, safety, and welfare, and to ensure compatibility of land uses in the vicinity of solar energy collectors. Building-mounted and ground-mounted solar energy collectors, as defined in this chapter, shall comply with the provisions of this section.
B. 
Criteria for the use of all solar energy equipment:
1. 
Solar energy equipment shall be located in the least visibly obtrusive location where panels would be functional.
2. 
Solar energy equipment shall be repaired or replaced within three months of becoming nonfunctional.
3. 
Each system shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI).
C. 
Administrative review for building-mounted solar energy equipment:
1. 
Building-mounted solar energy equipment may be approved by the Zoning Administrator. The application shall include the following:
a. 
Photographs of the property's existing conditions.
b. 
Renderings or catalogue cuts of the proposed solar energy equipment.
c. 
Certificate of compliance demonstrating that the system has been tested and approved by Underwriters Laboratories (UL) or other approved independent testing agency.
d. 
Plot plan to indicate where the solar energy equipment is to be installed on the property.
e. 
Description of the screening to be provided for ground or wall mounted solar energy equipment.
2. 
The following instances are exempt from review by the Zoning Administrator:
a. 
The installation of one solar panel with a total area of less than eight sq. ft.
b. 
Repair and replacement of existing approved solar energy equipment, provided that there is no expansion of the size or coverage area of the solar energy equipment.
D. 
Building-mounted solar energy collector requirements: A building-mounted solar energy collector shall be a permitted accessory use in all zoning districts, subject to the following requirements:
1. 
An administrative review and approval by the Zoning Administrator is required of all building-mounted solar energy collectors permitted as an accessory use, except for exemptions listed in Subsection C above.
2. 
Solar energy collectors that are mounted on the roof of a building shall not project more than five feet above the highest point of the roof but, in any event, shall not exceed the maximum building height limitation for the zoning district in which it is located, and shall not project beyond the eaves of the roof.
3. 
Solar energy collectors that are roof-mounted, wall-mounted, or are otherwise attached to a building or structure shall be permanently and safely attached to the building or structure. Proof of the safety and reliability of the means of such attachment shall be submitted to the Building Official prior to installation; such proof shall be subject to the Building Official's approval.
4. 
Solar energy collectors that are wall-mounted shall not exceed the height of the building wall to which they are attached.
5. 
Solar energy collectors shall not be mounted on a building wall that is parallel to an adjacent public right-of-way.
6. 
The exterior surfaces of solar energy collectors that are mounted on the roof or on a wall of a building, or are otherwise attached to a building or structure, shall be generally neutral in color and substantially non-reflective of light.
7. 
Solar energy collectors shall be installed, maintained, and used only in accordance with the manufacturer's directions. Upon request, a copy of such directions shall be submitted to the City Building Official prior to installation. The Building Official may inspect the completed installation to verify compliance with the manufacturer's directions.
8. 
Solar energy collectors, and the installation and use thereof, shall comply with the City construction code, the electrical code, and other applicable City construction codes.
E. 
Ground-mounted solar energy collector requirements: A ground-mounted solar energy collector system shall be subject to the approval of the Planning Commission under Article XXI, and subject to the following requirements:
1. 
Ground-Mounted Solar Energy Systems and Fields are a permitted accessory use in the I-1 and R-D Zoning Districts.
2. 
Ground-mounted solar energy collectors shall be located only as follows:
a. 
They may be located in the rear yard and the side yard, but not in the required rear yard setback or in the required side yard setback unless permitted by the Planning Commission in its approval of the site plan.
b. 
They may be located in the front yard only if permitted by the Planning Commission in its approval of the site plan but, in any event, they shall not be located in the required front yard setback.
3. 
Ground-mounted solar energy collectors shall not exceed 16 feet in height, measured from the ground at the base of such equipment.
4. 
The total area of ground-mounted solar energy collectors shall be included in the calculation of the maximum permitted lot coverage requirement for the parcel of land.
5. 
Solar energy collectors shall be permanently and safely attached to the ground. Proof of the safety and reliability of the means of such attachment shall be submitted with the conditional use application and shall be subject to the Planning Commission's approval.
6. 
Solar energy collectors shall be installed, maintained, and used only in accordance with the manufacturer's directions. A copy of such directions shall be submitted with the special use application. The site plan, if granted, may be subject to the Building Official's inspection to determine compliance with the manufacturer's directions.
7. 
The exterior surfaces of solar energy collectors shall be generally neutral in color and substantially non-reflective of light.
8. 
Ground-mounted solar energy collectors, and the installation and use thereof, shall comply with the City construction code, the electrical code and other applicable City construction codes.
F. 
Solar access requirements: When a solar energy collection system is installed on a lot, accessory structures or vegetation on an abutting lot shall not be located so as to block the solar collector's access to solar energy. The portion of a solar collector that is protected is the portion which:
1. 
Is located so as not to be shaded between the hours of 10:00 a.m. and 3:00 p.m. by a hypothetical 12-foot obstruction located on the lot line; and
2. 
Has an area not greater than 0.5 of the heated floor area of the structure, or the largest of the structures, to be served.
G. 
Solar access exemptions: Structures or vegetation existing on an abutting lot at the time of installation of the solar energy collection system, or the effective date of this chapter, whichever is later, are exempt from Subsection F above. Said solar access requirements described in Subsection F above, controls any structure erected on, or vegetation planted in, abutting lots after the installation of the solar energy collection system.

§ 65-3.16 Plug-in electric vehicle stations.

A. 
Purpose and intent: The intent of these regulations is to remove barriers to the use of electric vehicles and establish a safe, convenient, cost-effective electric vehicle infrastructure to support the use of electric vehicles.
B. 
Permitted locations:
1. 
Level-1 and Level-2 electric vehicle charging stations shall be permitted in every zoning district when accessory to the principal permitted use. Such stations located at one-family, two-family, multiple-family, and mobile home park dwellings shall be designed as private restricted use only. Installation shall be subject to a zoning compliance permit, reviewed and approved by the Zoning Administrator, in accordance with § 65-22.04B.
2. 
Level-3 electric vehicle charging stations are permitted in the CBD, VC, VR, C-1, I-1 and R-D zoning districts, when accessory to the principal permitted use. Installation shall be subject to a zoning compliance permit, reviewed and approved by the Zoning Administrator, in accordance with § 65-22.04B.
C. 
Readiness requirement:
1. 
Residential: In order to proactively plan for and accommodate the anticipated future growth in market demand for electric vehicles, all new one-and two-family dwellings, and multiple family dwellings and mobile home developments that have garages or carports are required to be constructed with a 220-240-volt/40amp outlet on a dedicated circuit, in close proximity to designated vehicle parking to accommodate the potential future hardwire installation of a Level-2 electric vehicle charging station.
2. 
Non-residential:
a. 
In order to proactively plan for and accommodate the anticipated future growth in market demand for electric vehicles, it is strongly encouraged, but not required, that all new and expanded non-residential development parking areas provide the electrical capacity necessary to accommodate the future hardwire installation of Level-2 electric vehicle charging stations. It is recommended that a typical parking lot (e.g., 1,000 or less parking spaces) have a minimum ration of 2% of the total parking spaces be prepared for such stations.
b. 
If a property owner decides not to install the battery charging stations at the time of initial construction, this approach allows for the stations to be installed in the future without costly or cost-prohibitive retrofits. The intent of this subsection is to encourage sites to be "roughed-in" with the installation of electrical stubs at planned electric vehicle charging station locations and conduit run from the power source to the station location to support future installation.
Example Site Plan: "Rough-In" of Electric Vehicle Charging Stations
3. 
General requirements for multi-family and non-residential development:
a. 
Parking.
i. 
For multiple-family development, an electric vehicle charging station space shall be included in the calculation for minimum required parking spaces required in accordance with Article V.
ii. 
For non-residential development, an electric vehicle charging station space may be included in the calculation for minimum required parking spaces required in accordance with Article V.
iii. 
Public electric vehicle charging stations are reserved for parking and charging electric vehicles only. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
b. 
Accessible spaces.
i. 
Multiple-family development: It is required that a minimum of one accessible electric vehicle charging station be provided. Accessible electric vehicle charging stations should be located in close proximity to the building or facility entrance and connected to a barrier-free accessible route of travel. It is not necessary to designate the accessible electric vehicle charging station exclusively for the use of disabled persons.
ii. 
Non-residential development: It is strongly encouraged, but not required that a minimum of one accessible electric vehicle charging station be provided. Accessible electric vehicle charging stations should be located in close proximity to the building or facility entrance and connected to a barrier-free accessible route of travel. It is not necessary to designate the accessible electric vehicle charging station exclusively for the use of disabled persons.
c. 
Lighting.
i. 
Site lighting shall be provided where an electric vehicle charging stations is installed, unless charging is for daytime purposes only.
d. 
Equipment standards and protection.
i. 
Battery charging station outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the surface where mounted. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designed and located as to not impeded pedestrian travel or create trip hazards on sidewalks.
ii. 
Adequate battery charging station protection, such as concrete-filled steel bollards, shall be used. Curbing may be used in lieu of bollards, if the battery charging station is setback a minimum of 24 inches from the face of the curb.
e. 
Usage fees.
i. 
The property owner of a non-residential development is not restricted from collecting a service fee for the use of an electric vehicle charging station made available to visitors of the property.
f. 
Signage.
i. 
Information shall be posted identifying voltage and amperage levels and any time of use, fee, or safety information related to the electric vehicle charging station.
ii. 
Each electric vehicle charging station in non-residential developments shall be posed with signage indicating the space is only for electric vehicle charging purposes. For purposes of this subsection, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment. Restrictions shall be included on the signage, if removal provisions are to be enforced by the property owner pursuant to Chapter 54, Article IV, of the General Code of Ordinances for the City of Dexter.
g. 
Maintenance.
i. 
Electric vehicle charging stations shall be maintained in all respects, including the functioning of the equipment. A phone number or other contact information shall be provided on the equipment for reporting when it is not functioning or other problems are encountered.