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East Jordan City Zoning Code

ARTICLE IV

SUPPLEMENTAL REGULATIONS

Sec. 46-701.- Purpose.

The intent of this article is to recognize that there are certain conditions concerning land uses that warrant specific exceptions, regulations or standards in addition to the requirements of the zoning district in which they are permitted to be located.

(Code 2009, § 48-635; Ord. No. 142, § 19.01, 2-6-1990)

Sec. 46-702. - Area limitations.

In conforming to land and yard requirements, no area shall be counted as accessory to more than one dwelling or main building.

(Code 2009, § 48-636; Ord. No. 142, § 19.02, 2-6-1990)

Sec. 46-703. - Dwelling lots or sites.

Every dwelling, cottage, cabin, occupied mobile home, erected outside of a mobile park shall be located on a lot or site, and no more than one such dwelling shall be erected on such lot or site, except as otherwise provided in this chapter.

(Code 2009, § 48-637; Ord. No. 142, § 19.03, 2-6-1990)

Sec. 46-704. - Accessory building provisions.

Accessory buildings, except as otherwise permitted in this chapter, shall be subject to the following regulations:

(1)

Where the accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all regulations of this chapter applicable to the main building.

(2)

Accessory buildings shall not be erected in any required yard, except a rear yard, but may be located in any nonrequired portion of any yard, except that they may not be located in front of any portion of the principal structure.

(3)

An accessory building not exceeding one story or 20 feet in height may occupy not more than 25 percent of a required rear yard, plus 40 percent of any nonrequired rear yard, provided that in no instance shall the accessory building exceed the ground floor area of the main building.

(4)

No detached accessory building shall be located closer than ten feet to any main building nor shall it be located closer than the required yard depth to any side yard or 15 feet from a rear lot line. In those instances where the rear lot line is in common with an alley right-of-way the accessory building shall not be closer than 20 feet to such rear lot line. In no instance shall an accessory building be located within a dedicated easement or right-of-way.

(5)

When an accessory building is located on a corner lot, the side lot line 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 line required on the lot in the rear of such corner lot. When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the side lot line of the lot to its rear, said building shall not project beyond the side yard line of the lot in the rear of such corner lot. All principal and accessory buildings shall be required to be setback the distance for front yard setbacks specified in the districts in which they are located from each street upon which they front or abut.

(Code 2009, § 48-638; Ord. No. 142, § 19.04, 2-6-1990)

Sec. 46-705. - Use of yard space.

No required yard surrounding a dwelling, building or structure utilized for dwelling purposes, shall be used, occupied or obstructed by accessory buildings or structures, either permanently or temporarily; provided, however, that a side or rear yard may be used for the parking of not more than five passenger automobiles in active service when parked on a designated paved parking area for each vehicle, but not for the location, parking, disposition, storage, deposit, or dismantling in whole or in part of junked vehicles, machinery, secondhand building materials, or other discarded, disused or rubbish-like materials or structures.

(Code 2009, § 48-639; Ord. No. 142, § 19.05, 2-6-1990)

Sec. 46-706. - Accessory building as dwelling.

No building or structure on the same lot with a principal building shall be used for dwelling purposes, except as specifically permitted in this chapter.

(Code 2009, § 48-640; Ord. No. 142, § 19.06, 2-6-1990)

Sec. 46-707. - Basement as dwelling.

No basement structure shall be used for human occupancy unless a completed story is situated immediately above the basement structure and is used as a dwelling, except underground homes designed and built in accordance with the construction code in effect in the city.

(Code 2009, § 48-641; Ord. No. 142, § 19.07, 2-6-1990)

Sec. 46-708. - Damaged buildings and structures.

Any building that has been partially destroyed by fire or is in such a state of disrepair as to be uninhabitable and/or a hazard to the public health and safety shall either be entirely removed or repaired within six months from the date of the occurrence of the damage.

(Code 2009, § 48-642; Ord. No. 142, § 19.08, 2-6-1990)

Sec. 46-709. - Required water supply and wastewater disposal facilities.

Water supply and wastewater disposal facilities shall meet the requirements established by the city, county, and those of the state department of environmental quality.

(Code 2009, § 48-643; Ord. No. 142, § 19.09, 2-6-1990)

Sec. 46-710. - Access to a public street or highway.

Any lot of record created prior to the effective date of the ordinance from which this chapter is derived without any frontage on a public street right-of-way shall not be occupied, except where access to a public street right-of-way is provided by a public or private easement or other right-of-way no less than 30 feet in width, and which meets the city street construction requirements.

(Code 2009, § 48-644; Ord. No. 142, § 19.10, 2-6-1990; Ord. No. 142G, § 2, 10-15-1996)

Sec. 46-711. - Frontage on public or private street or highway.

In any zoning district, every use, building or structure established after the effective date of the ordinance from which this chapter is derived shall be on a lot or parcel that fronts upon a public or private street right-of-way that meets all of the requirements for street construction as specified by the city.

(Code 2009, § 48-645; Ord. No. 142, § 19.11, 2-6-1990)

Sec. 46-712. - Visibility at intersections.

No fence, wall, hedge, screen, sign, structure, vegetation, planting, snow pile or other obstruction shall be higher than three feet above grade on any corner lot or parcel in any zoning district requiring front and side yards within the triangular area formed by the intersecting street right-of-way lines and a straight line joining the two street lines at points which are 30 feet distant from the point of intersection, measured along the street right-of-way lines.

(Code 2009, § 48-646; Ord. No. 142, § 19.12, 2-6-1990)

Sec. 46-713. - Street closures.

Whenever any street, alley, or other public way is vacated by official action, the zoning district adjoining each side of such public way shall automatically be extended to the center of such vacation, and all areas included therein shall henceforth be subject to all appropriate regulations of that district within which such area is located.

(Code 2009, § 48-647; Ord. No. 142, § 19.13, 2-6-1990)

Sec. 46-714. - Height regulations.

The height requirements established by this chapter shall apply uniformly in each zoning district to every building and structure except that the following structures and appurtenances shall be exempt from the height requirements of this chapter: towers, spires, belfries, penthouses and domes not used for human occupancy, chimneys, ventilators, skylights, elevators, railings, parapet walls, water tanks, bulkheads, utility poles, power lines, radio, television and other communication broadcasting and receiving antennas not directly linked to residential structures, silos, wind-driven electricity generators, parapets and other necessary mechanical appurtenances; provided, their location shall conform where applicable to the requirements of the Federal Communications Commission, the state aeronautics commission, other public authorities having jurisdiction and any regulations established by authorized state agencies and the provisions of the airport zoning act (MCL 259.431 et seq.).

(Code 2009, § 48-648; Ord. No. 142, § 19.14, 2-6-1990; Ord. No. 144G, 1-17-2023)

Sec. 46-715. - Fences, walls and screens.

(a)

The erection, construction or alteration of any fence or other type of protective barrier shall be approved through permit by the zoning administrator as to their conforming to the requirements of the zoning districts wherein they are required.

(b)

Any existing fence not in conformance with this chapter shall not be altered or modified, except to make it more conforming.

(c)

Fences, which are not specifically required otherwise under the regulations for the individual zoning districts, shall conform to the following requirements:

(1)

Fences shall hereafter be erected along the line dividing lots or parcels of land or located within any required yard as provided in subsection (d) of this section.

(2)

Barbed wire, spikes, nails or any other sharp point or instrument of any kind on top or on the sides of any fence, electric current or charge in said fences is prohibited. Barbed wire cradles may be placed on top of fences enclosing public utility buildings and elsewhere or whenever deemed necessary in the interests of public safety.

(3)

In "I" industrial districts, no fence shall exceed 12 feet in height in side and rear yards. No fence shall exceed four feet in a front yard.

(d)

Within the limits of a front yard space of a lot, no fence, wall (other than necessary retaining wall), hedges, or other screening structure shall be higher than four feet. No such fence or wall located within a rear or side yard shall exceed six feet in height, except as required in section 46-712.

(Code 2009, § 48-649; Ord. No. 142, § 19.15, 2-6-1990; Ord. No. 142G, §§ 11, 12, 10-15-1996)

Sec. 46-716. - Essential services.

(a)

This shall include the erection, construction, alteration or maintenance by public utilities, municipal departments, or other governmental agencies of underground or overhead gas, electrical communication, steam, or water transmission or distribution systems or collection, supply or disposal systems; including electric power stations, relay stations, gas regulator stations, pumping stations, poles, wires, mains, drains, sewers, pipes, conduits, cables, towers, fire alarm boxes, police or other call boxes, traffic signals, hydrants and other similar facilities, equipment and accessories in connection therewith reasonably necessary for furnishing adequate service by such utilities or agencies, or for the public health or safety or general welfare; but not including offices and buildings or yards used for bulk storage, fabrication, or manufacture of materials used by such utilities or municipal departments or other governmental agencies. No such building constructed as a part of an essential service, shall be used for human occupancy.

(b)

The surface of land used for pipeline rights-of-way shall be restored and maintained as near as possible to its original conditions prior to the construction of the pipeline.

(c)

Essential service in all districts shall meet the requirements of the district in which they are located for all buildings, structures and areas used for offices, power generators, power transformers, storage, fabrication or manufacture of materials necessary to the provision of essential services.

(Code 2009, § 48-650; Ord. No. 142, § 19.16, 2-6-1990)

Sec. 46-717. - Pools, including swimming pools, hot tubs, Jacuzzis, whirlpools, other pools, and ponds.

Private pools of 18 inches or more in depth shall be permitted as an accessory use within the rear and side yards only, provided they meet the following requirements:

(1)

There shall be a distance of not less than 20 feet between the adjoining property line and outside of the pool wall.

(2)

There shall be a distance of not less than six feet between the outside pool wall and any building located on the same lot.

(3)

No pool shall be located less than 50 feet from any front lot line.

(4)

If electrical service drop conductors or other utility wires cross under or over a proposed pool area, the applicant shall make satisfactory arrangements with the utility involved for the relocation of wires before a permit shall be issued for the construction of a swimming pool.

(5)

No pool shall be located in an easement.

(6)

For the protection of the public, all yards containing pools, except hot tubs which have self-locking covers, shall be completely enclosed by a fence not less than four feet in height. The gate shall be of a self-closing and latching type, with the latch on the inside of the gate not readily available for children to open. Gates shall be capable of being securely locked when the pool is not in use for extended periods; provided, however, that if the entire premises of the residence is enclosed, then this provision may be waived by the zoning administrator upon inspection and approval.

(Code 2009, § 48-651; Ord. No. 142, § 19.17, 2-6-1990)

Sec. 46-718. - Home occupations.

(a)

Home occupations shall be permitted in all detached single-family residential dwellings and include such customary home occupations as: hairdressing, millinery, dressmaking, bookkeeping and accounting service, real estate and insurance sales, professional office, woodworking, arts and crafts, pottery making, antique collection and sales, and other similar occupations and other home occupations involving the production of goods and services legally operating in detached single-family homes at the time of adoption of the ordinance from which this chapter is derived.

(b)

The nonresidential use shall be only incidental to the primary residential use.

(c)

The occupation shall utilize no more than 25 percent of the ground floor or basement floor area of the principal structure or an equal area in an accessory structure.

(d)

Only normal domestic or household equipment and equipment characteristic of small workshops, businesses and professional offices shall be used to accommodate the home occupation.

(e)

The home occupation shall involve no employees other than members of the immediate family.

(f)

All activities shall be carried on indoors. No outdoor activities or storage shall be permitted unless it is completely screened in accordance with the provisions of this chapter.

(g)

No alterations, additions, or changes to a principal structure which will change the residential character of the dwelling structure shall be permitted in order to accommodate or facilitate a home occupation.

(h)

There shall be no external evidence of such occupations, except a small announcement sign not to exceed two square feet in area and attached to the front wall of the principal structure.

(i)

The permission for home occupations as provided herein is intended to secure flexibility in the application of the requirements of this chapter; but such permission is not intended to allow the essential residential character of residential districts, in terms of use and appearance, to be changed by the occurrence of home occupations.

(j)

Daily time for the operation of a home occupation, which has any of the attributes of a nuisance, shall be between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday of each week, except holidays.

(Code 2009, § 48-652; Ord. No. 142, § 19.18, 2-6-1990)

State Law reference— Single-family residence, instruction in craft or fine art as home occupation, MCL 125.3204.

Sec. 46-719. - Year-round solid waste trash container areas.

Truck-lifted or transported year-round trash container areas: all such trash container areas shall be enclosed by a six-foot-high wooden or masonry wall to prevent the unsightly deposit or collection of solid waste and prevent children and pets from having access to these areas, but not within the required yard areas.

(Code 2009, § 48-653; Ord. No. 142, § 19.19, 2-6-1990)

Sec. 46-720. - Exterior lighting.

All sources of lighting for parking areas or for the external illumination of buildings or grounds or for the illumination of signs, shall be directed away from and shall be shielded from adjacent residential districts, and shall also be so arranged as to not affect driver visibility adversely on adjacent public streets and highways. Lighting of parking areas is required when the number of parking spaces is more than five.

(Code 2009, § 48-654; Ord. No. 142, § 19.20, 2-6-1990)

Sec. 46-721. - Driveway entrances and gates.

In driveway entrances or gateway structures, including, but not limited to, walls, columns and gates marking driveway entrances to private or public uses may be permitted; and may be located in a required yard, except as provided in section 46-712, provided that such entranceway structures shall comply with all codes and ordinances of the city and state department of highways and shall be approved by the zoning administrator.

(Code 2009, § 48-655; Ord. No. 142, § 19.21, 2-6-1990)

Sec. 46-722. - Frontage access streets or drives.

Ingress and egress from frontage access or service streets for all uses permitted in I districts fronting on major, intercommunity and local arterials, as defined and designated in the city master plan for streets and highways, in order to promote efficient use of thoroughfares and to decrease hazardous traffic conditions, the following regulations shall apply to the use of all land fronting upon these major thoroughfares, except for existing uses located upon existing lots and parcels of record and single lots and parcels described by metes and bounds on file with the county register of deeds:

(1)

Connecting service streets or drives shall be required between parking areas on adjacent land uses.

(2)

Owners of all property shall submit to the city a properly executed and witnessed license agreement which gives the city the authority to open and close service streets and drives whenever necessary in order to guarantee to the satisfaction of the city a safe and efficient movement of traffic. The said license shall be recorded in the office of the county register of deeds. Acceptance of the said license shall, in no way, obligate the city but it shall obligate the applicant, to build, repair, maintain or clear the said service streets or parking areas and no public funds may be spent by the city to build, repair, maintain, or close the said service streets, drives, and/or parking areas, and otherwise facilitate the safe and efficient movement of traffic thereon.

(3)

No less than two driveways at least 20 feet in width shall be available to such coordinated parking areas and service street systems, provided that said drives shall be at least 300 feet apart and have appropriate designated acceleration and deceleration lanes; provided further, this requirement may be waived by the planning commission where the needs of a particular use do not require it and when traffic hazards will not be increased by such a waiver.

(4)

All requirements shall apply only to the full width of the developed portion of a lot or parcel or when developed adjacent to an existing use. The purpose of this subsection is to minimize the length of service streets or drives in relation to the actual developed area of a lot or parcel and the number of parking spaces, and to promote their construction as they are needed.

(5)

Parking lots, drives and service streets shall at least be hard surfaced with asphalt or Portland cement concrete and maintained by the owners/occupants fronting upon them in a usable condition for the access of vehicles. Drives and service streets shall be at least 20 feet in width.

(6)

Parking area layout shall follow standards prescribed in section 46-851.

(Code 2009, § 48-656; Ord. No. 142, § 19.22, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

Sec. 46-723. - Parking or storage of recreation vehicles, trucks, travel trailers and boats on residential lots and parcels.

Storage of not more than two nonresidential type recreational vehicles, including boats, shall be permitted, provided that such units shall be parked completely in an enclosed structure or within the side or rear yards, except they may not be parked in the required setbacks.

(Code 2009, § 48-657; Ord. No. 142, § 19.23, 2-6-1990)

Sec. 46-724. - Temporary transient uses.

Temporary transient use of an existing land site, building or structure may be permitted in any district upon approval of a site plan review by the planning commission, and upon finding that the location of such an activity will not adversely affect public health, safety, and general welfare in the district in which it is to be temporarily located. All temporary transient uses, if approved by the planning commission, shall have a reasonable time limit placed upon their use based upon the normal periods of time such uses need to exist for an expressed number of days authorized by the planning commission. Temporary transient uses may be granted a permit on the basis of compliance with the criteria stated in section 46-784.

(Code 2009, § 48-658; Ord. No. 142, § 19.24, 2-6-1990)

Sec. 46-725. - Use of recreation vehicles as temporary dwellings by visitors.

Travel trailers, motor homes and recreation vehicles shall be permitted when parked by visitors in a side or rear yard of a permitting dwelling owner or lessee without charge, upon application by the owner or the issuance of a temporary permit by the zoning administrator. Application shall be made within seven days after the date of arrival. The property owner or lessee shall present a written agreement to furnish the occupants of the travel trailer, motor home or recreation vehicle with sanitary facilities approved by the zoning administrator. A temporary permit may only be issued to one travel trailer, motor home or recreation vehicle at a time in any one location and shall be valid for a maximum period of 30 days in any one calendar year. Extensions of time shall not be permitted and the travel trailer, motor home or recreation vehicle shall be removed from the property on or before the 30th day of the permit period.

(Code 2009, § 48-659; Ord. No. 142, § 19.26, 2-6-1990)

Sec. 46-726. - Building grades.

The finished surface of the ground areas outside the walls of any building constructed or altered shall be so designed that surface waters shall flow away from the building walls in such a direction and collection that inconvenience or damage to adjacent properties shall not occur.

(Code 2009, § 48-660; Ord. No. 142, § 19.27, 2-6-1990)

Sec. 46-727. - Moving buildings.

Buildings may not be relocated within or moved into the city unless the building design and construction are compatible with the general architectural character of other structures located in the immediate area of the proposed site. Approval shall be required from the planning commission prior to the moving of such buildings.

(Code 2009, § 48-661; Ord. No. 142, § 19.28, 2-6-1990)

Sec. 46-728. - Television satellite dish antennas.

Television satellite dish antennas shall be subject to the following requirements when being installed or constructed. All zoning districts shall apply.

(1)

Satellite dishes shall be considered an accessory structure and must comply with all yard and height requirements in this chapter.

(2)

No satellite dish that exceeds 24 inches in diameter shall be constructed or installed on any roof area.

(3)

No satellite dish antenna including any platform or structure upon which the antenna is mounted shall exceed 12 feet in height.

(4)

The satellite dish antenna shall be permanently attached to a foundation.

(5)

No part of the satellite dish antenna shall exhibit any name, message, symbol, graphic representation, or other writing on it.

(6)

A zoning permit must be obtained from the zoning administrator before any satellite dish antenna is constructed or installed.

(Code 2009, § 48-662; Ord. No. 142, § 19.29, 2-6-1990)

Sec. 46-729. - Use of financial guarantees when necessary to temporarily delay meeting construction requirements.

If in the judgment of the planning commission, during the course of site plan review procedures, it appears prudent to permit the delay of constructing certain provisions as required in this chapter, the planning commission may grant such a delay to a specific future date provided that the applicant/owner submits a satisfactory financial guarantee to the city administrator. The financial guarantee shall remain in effect prior to or coincident with the issuance of the zoning permit and shall remain in effect until the requirements so delayed are fully completed and approved by the zoning administrator.

(Code 2009, § 48-663; Ord. No. 142, § 19.30, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

Sec. 46-730. - Conventional dwelling unit requirements.

All dwelling units in order to locate in all single-family zoning districts, except in mobile home parks licensed by the state and the R-2A zoning district, shall meet the following requirements: Single-family dwellings of conventional or manufactured construction having at least one cross section width of at least 24 feet, and one portion of the ground floor shall have a dimension of at least 24 feet by 24 feet. All single-family dwellings are required to have perimeter foundations.

(Code 2009, § 48-664; Ord. No. 142, § 19.31, 2-6-1990; Res. No. 106/1993, 3-2-1993)

Sec. 46-731. - Mobile home parks.

All mobile home parks shall comply with the requirements of Public Act No. 243 of 1959 (MCL 125.1035 et seq.), the trailer coach park act, and the mobile home commission act (MCL 125.2301 et seq.), the rules adopted pursuant to those acts, and the following additional regulations. Minimum site size for a mobile home park shall be 20 acres.

(1)

Location and access. Mobile home parks shall have frontage and direct access from a hard surfaced paved street.

(2)

Skirting. Skirting of mobile homes in mobile home parks is regulated by the state administrative regulations. Mobile homes outside of mobile home parks shall be skirted as follows:

a.

The skirting shall be of no less than 26 gauge metal and connected with a ratproof wall or slab, so constructed and attached to the mobile home as to make it impossible for the entrance of rodents, flies, bugs, or other insects. One access door in the skirting shall be permitted and a screen vent shall be installed along such skirting at intervals of 20 feet so as to provide adequate cross-ventilation.

b.

Each mobile home shall be jacked up in a uniform manner.

c.

Each mobile home must be skirted within 90 days after establishment in a mobile home park.

(3)

Fences. If fences are constructed on each mobile home site, they shall be uniform in design and character for all mobile home lots. Such fences shall not exceed 30 inches in height and shall be constructed in such a manner as to permit access to all sides of each mobile home for firefighting purposes.

(4)

Landscaping.

a.

All mobile home park boundary line areas shall be maintained in a clean and presentable condition at all times. A grass lawn or other suitable ground cover shall be maintained as yard surfacing on each mobile home lot, except for those portions of the lot covered by the mobile home, structural additions, sheds, walks, concrete pads or planting beds.

b.

The retention of existing desirable trees on a site is encouraged.

(5)

Outdoor storage. No outdoor storage shall be permitted, except in outdoor sheds or cabinets for the storage of tools or equipment and shall be limited to one well-maintained structure, located at the rear of the mobile home lot, and not exceeding 80 square feet in floor area or seven feet in height. To the maximum extent possible, these facilities shall be uniform in design, location, and color throughout the mobile home park, and in character with the designs of the mobile homes located on each lot in the park.

(6)

Trash disposal. Adequate facilities for the storage and disposal of trash, garbage and other waste materials shall be provided at conveniently located points within 150 feet of any given mobile home lot. All containers shall be situated on stands and shall be flytight, watertight, rodentproof, and shall be sufficient in number and capacity to properly store all the accumulated refuse. All containers shall be enclosed in accordance with section 46-719.

(7)

Television antenna. One or more master antenna facilities shall be installed with underground service connections to each mobile home lot.

(8)

Roadway and yard lights. Roadway and yard lights shall be provided in sufficient number and intensity to permit the safe movement of vehicles and pedestrians and effectively diverting unnecessary illumination from the dwelling portions of each mobile home lot.

(9)

Central building. Central buildings for other than administrative or laundry facility usage are permitted. These may be used for indoor recreation, assembly halls, and for storm shelters. Such buildings should be conveniently located on the park site, may be combined structurally with the administrative and laundry facilities, and may include swimming pools or other clubhouse facilities in connection with on-site recreation facilities.

(10)

Permit requirement. It shall be unlawful for any person or corporation to construct, alter or extend any mobile home park unless they first obtain valid licenses and permits from the director of the state department of energy, labor and economic growth and the city in the name of said person or corporation. The application for permit shall be accompanied by a site plan submitted in accordance with article II, division 2 of this chapter and showing:

a.

Area and dimensions of the tract of land.

b.

Number, location, and size of mobile home lots and common open space.

c.

Expected maximum size and type of mobile homes to be situated on each lot.

d.

Location and width of roadways, walkways and parking areas.

e.

Location and usage of service buildings.

f.

Location of utilities and service facilities.

(11)

License and certificate requirements. It shall be unlawful for any person or corporation to conduct or operate a mobile home park in the city without a currently valid license issued by the director of the state department of energy, labor and economic growth and a certificate of occupancy and an annual permit from the city zoning administrator.

(12)

Periodic inspection. The zoning administrator is hereby granted the power and authority at least on an annual basis to enter upon the premises of a mobile home park at any time for the purpose of determining compliance to the provisions of this chapter and/or enforcing any provision of this chapter or any other city ordinance applicable to the construction and operation of a mobile home park.

(Code 2009, § 48-665; Ord. No. 142, § 17.09, 2-6-1990)

Sec. 46-732. - Special building and structural character requirements.

(a)

Purpose. The purpose of the following requirements is to retain and preserve the present city character in terms of the present small scale city character of its present buildings and structures in terms of their character, height, bulk, occupancy, spacing, setbacks and open space use, landscaping and treatment as expressed in the city's present lot and parcel site developments and the buildings and structures located upon them.

(b)

General requirements.

(1)

C-1 Local Commercial District and the PO Professional Office District shall be divided into separate blocks of contiguous lots or parcels which are not divided by a street. The existing character of development of each block shall be used as the basis for applying the requirements listed in subsection (c) of this section.

(2)

All residential districts located in and around the C-1 zoning district in the older portion of the city shall be divided into street blocks which shall include both sides of a street block opposite and facing each other and contained between two street corners located at each end of such blocks. When intersecting streets are offset or only intersect on one side of a street, a street block shall be determined by extending the centerline of an intersecting T-street intersection across the street and through the nonstreet side of the block. All residential exterior remodeling on new buildings and structures must meet the requirements of subsection (c) of this section.

(3)

All public and semipublic buildings shall meet the requirements in subsection (c) of this section.

(4)

The existing residential buildings and structures in the PO zoning district, where it is presently residential in character, shall retain all principal buildings and structures in their existing present residential character whether continued as residences or converted to office uses.

(c)

Specific building and structural requirement. Within any of the blocks, street blocks and lots and parcels described in subsection (b) of this section all buildings and structures shall be guided by the following requirements: No proposed building or structure shall exceed any of the following dimensions of existing buildings and structures in the block or street block, excluding public and semipublic buildings and structures:

(1)

Height.

(2)

Bulk or volume as measured in cubic feet.

(3)

Front elevation width.

(4)

Depth from front to rear.

(5)

Floor area as measured in square feet on the first floor.

(d)

Specific lot and parcel development requirements. Within any of the blocks, street blocks and lots and parcels defined in subsection (b) of this section, all buildings and structures shall be guided by the following requirements: No proposed building or structure shall exceed any of the following site development dimensions of lots and parcels having existing buildings and structures located upon them:

(1)

Land occupancy or lot or parcel coverage as measured by the percentage of lot or parcel coverage by buildings and structures located in the same block.

(2)

New or additions to buildings and structures shall not exceed the maximum or minimum range of spacing between existing buildings and structures located in the same block.

(3)

New or additions to buildings or structures shall not exceed the maximum or minimum range of setbacks, side yards and rear yards or existing buildings and structures from the street right-of-way line of the street upon which they front and located in the same block.

(4)

Use of open space on lots and parcels shall fall within the range of the uses of open space made by existing buildings and structures located in the same block.

(5)

Landscape treatment of lots and parcels shall be comparable in character to that developed upon existing lots and parcels having buildings and structures located upon them in terms of vegetation, walks, driveways, parking areas, fencing and other existing landscape features, and located in the same block.

(Code 2009, § 48-666; Ord. No. 142, § 19.32, 2-6-1990; Ord. No. 143F, 10-16-2012)

Sec. 46-733. - Temporary buildings.

Temporary buildings are permitted in any zoning district, provided they are not used as a dwelling, for the purpose of providing for their use incidental to construction work. Such buildings shall be removed from the site upon completion or abandonment of construction work or within one year from date of issuance of a zoning permit, whichever is the lesser period of time.

(Code 2009, § 48-667; Ord. No. 142, § 19.33, 2-6-1990)

Sec. 46-734. - Single-family earth homes.

Single-family earth homes are permitted in the RA district, as long as they meet all of the requirements of the district in which they are located and the bottom edge of the earth berms surrounding the building or structure meet the height and yard setback requirements for all yards.

(Code 2009, § 48-668; Ord. No. 142, § 19.35, 2-6-1990)

Sec. 46-735. - Solar buildings.

Solar buildings are permitted in all districts as long as the glare from exterior reflective solar panels is deflected so as not to cause glare to be transmitted to adjacent properties below the maximum height established for each district.

(Code 2009, § 48-669; Ord. No. 142, § 19.36, 2-6-1990)

Sec. 46-736. - Windmills.

Windmills are permitted in all districts as long as the height of the windmill does not exceed the setback distance of the point of the base of the windmill from nearest property line.

(Code 2009, § 48-670; Ord. No. 142, § 19.37, 2-6-1990)

Sec. 46-737. - Household pets.

Small domesticated household pets, such as dogs, cats and birds are limited to the maximum number existing in dwelling units in the city which is generally no more than two; however, if more than two are desired, as long as all other county, state and federal laws are complied with, and an additional area of land equal to one-sixth acre per animal is provided, additional domesticated household pets will be permitted up to a maximum of four. Dogs and cats under six months of age shall not be counted to allow for litters.

(Code 2009, § 48-671; Ord. No. 142, § 19.38, 2-6-1990)

Sec. 46-738. - State-licensed residential facility.

A state-licensed residential home facility, as defined in section 102 of the Michigan zoning enabling act (MCL 125.3102), shall be permitted in any single-family residential structure located in any zoning district for six or fewer persons.

(Code 2009, § 48-672; Ord. No. 142, § 19.39, 2-6-1990)

Sec. 46-739. - Ratio of lot width to depth.

All lots and parcels created subsequent to the adoption of the ordinance from which this chapter is derived shall have a ratio which shall not exceed a depth of three times the width.

(Code 2009, § 48-673; Ord. No. 142, § 19.40, 2-6-1990)

Sec. 46-740. - Noncommercial domestic animals.

Large, medium and small size domestic animals which are used for pet, contest, riding, fairs, educational or other special purpose as individual animal specimens are permitted at the following rates:

(1)

Large size animals such as equines on a lot having at least three acres for the first large animal and one acre for each additional large animal.

(2)

Medium size animals, such as sheep, on a lot having at least one acre for the first medium animal and one-half acre for each additional medium animal.

(3)

Small size animals (rabbits, mink, except house pets, including dogs, house cats and guinea pigs, gerbils and caged birds) on a lot having at least one-quarter acre for the first animal and additional small animals at the rate of 20 per acre.

(4)

Poultry and uncaged birds on a lot having at least one-quarter acre for the first bird and additional birds at the rate of 20 per acre.

(Code 2009, § 48-674; Ord. No. 142, § 19.41, 2-6-1990)

Sec. 46-741. - Canopies on building fronts.

Canopies are permitted on the fronts of all commercial, institutional, organizational, office, service, public, semipublic and industrial buildings, providing they meet the requirements of the construction code in force in the city. Any portion of the canopy which has the name of the activity being conducted on the premises or any other message in words, logos, art forms or any other graphic presentations shall be considered to be a sign, and shall be regulated by the provisions of article VIII of this chapter. All messages and graphics on such signs shall relate only to the name of the activity and activities being conducted in the same premises. If a canopy is to extend over a public sidewalk or any other public right-of-way or easement the lowest portion of the canopy shall be at least eight feet above the grade of the sidewalk, right-of-way or easement at all points. If there is a potential for adjacent and/or attached buildings in any one block to erect canopies, the height above the existing ground grade for each and all of them shall be eight feet at the lowest edge of the canopy and the top edge of the canopies where the top edge of the canopies adjoin, the canopies shall meet at the same height.

(Code 2009, § 48-675; Ord. No. 142, § 19.42, 2-6-1990)

Sec. 46-742. - Yard sales.

See chapter 34, article II for provisions pertaining to garage sales.

(Code 2009, § 48-676; Ord. No. 142, § 19.43, 2-6-1990)

Sec. 46-743. - Churches.

Churches must comply with the following:

(1)

The minimum area of the lot shall be two acres for the first 100 seats or seating capacity of the main auditorium or room in which religious services are held for the congregation, plus an additional one acre for each 50 additional seats or seating capacity of the main auditorium or room.

(2)

All churches must have frontage upon a main street and have its principal access from the street.

(3)

Setbacks. Setbacks shall be as follows:

a.

Front yard. Minimum of 50 feet from main street right-of-way line, and no parking permitted in front yard.

b.

Side yards. Minimum of 80 feet on side yard where parking is to be located and a minimum of 35 feet on the opposite side if no parking is to be provided on that side.

c.

Rear yard. Minimum of 80 feet, if parking is to be located in the rear yard and a minimum of 50 feet if no parking is to be provided in the rear yard.

d.

Parking areas. Parking areas shall be located at least ten feet from all buildings and shall be located at least the minimum yard requirement in each zoning district from the property line.

(4)

Other requirements. Churches shall meet all of the other requirements prescribed in this chapter and as required for off-street parking, signs and site improvements. Procedures required in article V of this chapter and article II, division 2 of this chapter must be followed.

(Code 2009, § 48-677; Ord. No. 142, § 19.44, 2-6-1990; Ord. No. 142F, 2-21-1995)

Sec. 46-744. - Underground utilities.

In order to enhance public safety, reduce interruption of service and improve the visual appearance of the city, all local distribution lines for telephone, electric, television and other similar services distributed by wire or cable shall be placed underground entirely within or in conduction with a site which requires site plan review. Main supply and perimeter feed distribution lines which serve areas outside the site to be developed and surface facilities related to underground service are excepted from this requirement. Such wires, conduits or cable shall be placed within private easements provided to such service companies by the proprietor or within dedicated public rights-of-ways. All such facilities placed in dedicated public rights-of-way shall be planned so as not to conflict with other underground utilities.

(Code 2009, § 48-678; Ord. No. 142, § 19.45, 2-6-1990; Ord. No. 142M, 8-4-1999)

Sec. 46-745. - Chickens.

(a)

Maximum of 12 hens per parcel; roosters prohibited.

(b)

Slaughtering prohibited within public view.

(c)

Chickens shall be provided, and remain within, a fully enclosed shelter with an optional covered fenced enclosure in the rear yard.

(d)

Enclosures shall be located at least 25 feet from any dwelling on a neighboring parcel.

(e)

No chicken shall be kept on parcels with more than one dwelling.

(f)

All feed and other items associated with the keeping of chickens are to be stored as to not attract rodents.

(g)

Hens and their enclosures must be kept in a neat, clean, and sanitary condition form offensive odors, excessive noise, or other condition that would constitute a nuisance.

(h)

Chickens will only be allowed in the following zoning districts R-1, R-2A, RA and R-3.

(Code 2009, § 48-679; Ord. No. 143S, 5-2-2017 )

Sec. 48-746. - Duplex dwellings.

(a)

Purpose. The purpose of the duplex home is to provide for relatively small and less expensive type of housing, as well as a broader range of choice of housing types to people who desire to live in the city in small condominium, owner or rental units, and their normal accessory uses which are compatible, supportive or convenient to the residents living within such a district.

(b)

General requirements.

(1)

Lot area. Each set of duplex dwelling units in a duplex dwelling unit shall occupy a lot or parcel comprising not less than 9,000 square feet, except for existing duplexes on lots of record existing prior to the adoption of the ordinance shall be permitted to have one duplex located upon them.

(2)

Lot width. Minimum of 60 feet, except lots of record existing prior to the adoption of the ordinance from which this section is derived.

(3)

Lot coverage. Maximum of 40 percent.

(4)

Number of dwelling units per gross acre. Six dwelling units.

(5)

Yard and setback requirements.

a.

Front yard. Minimum of 15 feet from the street right-of-way line unless a greater setback is specified in the master plan for streets and highways, whichever is greater.

b.

Side yards. Minimum shall be 10 feet unless a greater setback is specified in the master plan for streets and highways, whichever is greater.

c.

Rear yard. Minimum of 25 feet.

(6)

Height limitations. Maximum of two stories or 30 feet, except that detached accessory structures shall not exceed 15 feet.

(7)

Spacing between buildings. Spacing between buildings shall be at least the height of the highest of the adjacent buildings with a minimum of 20 feet.

(8)

Floor area requirements. Minimum standards for total floor area for each type of duplex family dwelling unit shall be as follows:

a.

Efficiency: 450 square feet.

b.

One bedroom: 600 square feet.

c.

Two bedrooms: 750 square feet.

d.

Three bedrooms: 960 square feet.

e.

Each additional bedroom: 100 square feet.

(9)

Number of duplex dwelling units per building. No duplex-family residential structure shall contain more than two dwelling units.

(10)

All duplex-family dwelling units shall be connected to the available public water supply system and wastewater sanitary sewer system on a permanent basis.

(11)

Ingress and egress of driveways shall be provided from an impervious hard surface paved street. Drives and parking shall be located at least ten feet from any building and shall have at least a 12-foot-wide, paved surface for automobiles.

(12)

Off-street parking shall be provided with each dwelling unit having two spaces. Efficiency units may have one parking space.

(13)

Duplex construction should have roofed front and/or side porches with paved walks to the main entrance. Only one entrance door is allowed on any one side of the structure. A minimum of 25 percent of the structure on any street side will be windows. Parking and garage access should be from an alley and be located behind the main structure.

(Ord. No. 143X, 10-19-2021)