The intent of this article is to provide for those regulations which generally apply to all uses regardless of the particular zoning district, as well as those uses specifically identified as special land uses in article VI of this chapter.

(Code 1992, § 24-256; Ord. No. 304, § 801, 6-2-2003)

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

(Code 1992, § 24-257; Ord. No. 304, § 802, 6-2-2003)

Every dwelling, cottage, cabin, occupied mobile home or pre-manufactured dwelling 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 sections 44-199, temporary transient uses, and 44-276, emergency temporary dwellings.

(Code 1992, § 24-258; Ord. No. 304, § 803, 6-2-2003)

Accessory buildings shall be subject to the following regulations:

1. Where the accessory building is structurally attached to a principal building, it shall be subject to, and must conform to, all regulations applicable to the principal building.
2. No accessory building shall be built upon a lot or parcel unless and until a principal building is erected, except that an accessory building may be erected on a vacant lot adjoining a lot with a principal building provided that both lots remain in common ownership. For the Tawas Lake Waterfront Residential District, lots are also considered to be adjoining if they are separated by a road or right-of-way provided that both lots remain in common ownership. 
3. No more than three accessory buildings are allowed on any property.
4. Accessory buildings shall not exceed 25 feet in height. The square footage of an accessory building shall not exceed the total square footage of the ground floor of the principal building, including any structurally attached accessory buildings.
5. An accessory building shall not be located within a dedicated utility or drainage easement or right-of-way.
6. If the lot is a corner lot, accessory buildings shall remain behind all required building setbacks adjacent to streets.
7. Accessory buildings may be erected in any non-required yard of non-waterfront lots in low density residential (LDR), medium density residential (MDR) and high density residential (HDR) zoning districts. In addition, an accessory building may be erected in the non-required portion of the yard facing the street on a waterfront lot. 
8. Accessory buildings are not permitted in the Central Business District (CBD).
9. Accessory buildings in residential zoning districts may not be erected in any required front yard.
10. No detached accessory buildings shall be located closer than ten feet to the principal building or any neighboring principal building.
11. Accessory buildings shall be subject to all applicable building code regulations and shall also be subject to the same placement and coverage requirements for the zoning district in which they are located.

(Code 1992, § 24-259; Ord. No. 304, § 804, 6-2-2003; Ord. No. 311, 5-2-2005; Ord. No. 315, 7-24-2007)

1. 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 hard-surfaced 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.
2. This section does not apply to fences, walls, berms and vegetation used to screen the use from abutting lots and parcels as provided in section 44-297, fences, walls, and screens.

(Code 1992, § 24-260; Ord. No. 304, § 805, 6-2-2003; Ord. No. 313, 7-5-2005)

No site-built, mobile home, modular housing, or prefabricated housing located outside a mobile home park shall be permitted unless said dwelling unit conforms to the following standards:

1. Square footage. A dwelling unit shall comply with the minimum floor area requirements as stated in the footnotes to section 44-115, schedule of area, height, width and setback regulations.
2. Dimensions. A dwelling unit shall have a minimum width across any front, side, or rear elevation of 20 feet.
3. Foundation. A dwelling unit shall be firmly attached to a permanent foundation constructed on the site in accordance with the building code and shall be securely anchored to the foundation in order to prevent displacement during windstorms. Dwelling units shall not be installed with attached wheels. Additionally, no dwelling shall have any exposed towing mechanism, undercarriage, or chassis.
4. Architecture and compatibility. The compatibility of design and appearance shall be first determined by the zoning administrator. The zoning administrator may also refer any determination of compatibility to the planning commission. Any determination of compatibility shall be based upon the character, design, roof pitch, and appearance of one or more residential dwellings located within 300 feet of the subject dwelling. All dwellings shall be aesthetically compatible in design and appearance with other residences in the vicinity. All dwellings shall have a roof overhang of not less than six inches on all sides with roof drainage systems concentrating roof drainage at specified collection points. The dwellings shall not have less than two exterior doors, with the second one being in either the rear or side of the dwelling. Steps shall also be required for exterior door areas or to porches connected to said door areas.
5. Additions. A dwelling unit shall contain no addition or room or other area which is not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.
6. Code compliance. A dwelling unit shall comply with all pertinent building and fire codes. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction that are different than those imposed for single-family site-built housing then such federal or state standards or regulations shall apply.
7. Building permit. All construction required herein shall commence only after building permits have been obtained.

(Code 1992, § 24-261; Ord. No. 304, § 806, 6-2-2003)

State law reference(s)—Treatment of site-built versus manufactured housing, MCL 125.2307.

1. The manufactured housing code, as established by the state manufactured housing commission and the state department of licensing and regulatory affairs under the authority of the mobile home commission act, Public Act No. 96 of 1987 (MCL 125.2301 et seq.), regulates development of mobile home parks. All mobile home parks must be constructed according to the standards of the code.
2. In addition to the rules and standards of the state, the city imposes the following conditions:
   1. Mobile home parks shall be constructed, licensed, operated, and managed in accordance with the provisions of the mobile home commission act, Public Act No. 96 of 1987 (MCL 125.2301 et seq.), and subsequently adopted rules and regulations governing mobile home parks.
   2. Mobile home parks shall not be permitted on parcels less than 20 acres in size.
   3. Individual mobile home sites within a mobile home park shall have a minimum lot size of 5,500 square feet per mobile home being served. This 5,500-square-foot minimum may be reduced by 20 percent, provided that the individual site shall be equal to at least 4,400 square feet. For each square foot of land gained through this reduction of the site below 5,500 square feet, an equal amount of land shall be dedicated as open space. In no case shall the open space requirements be less than that required under R125.1946, Rule 946 of the Michigan Administrative Code.
   4. The on-site storage of boat trailers, boats, camping units, horse trailers and similar recreational equipment shall be prohibited on mobile home sites and in designated open space areas.
   5. Mobile home parks shall be landscaped as follows:
      1. If the mobile home park abuts an existing residential development, the park shall be required to provide screening along the park boundary abutting the residential development.
      2. If the park abuts a nonresidential zoning district development, the park need not provide screening.
      3. In all cases, however, a park shall provide screening along the park boundary abutting a public right-of-way. The landscaping shall consist of evergreen trees or shrubs a minimum three feet in height which are spaced so they provide a continuous screen at maturity.
   6. Mobile home parks shall be subject to preliminary site plan review requirements in accordance with the mobile home commission act, Public Act No. 96 of 1987 (MCL 125.2301 et seq.).
   7. A permit shall not be required for the construction or erection of canopies or awnings which are open on three sides. A building permit shall be required, however, before the construction or erection of any screened, glassed-in, or otherwise enclosed awning or canopy.

(Code 1992, § 24-262; Ord. No. 304, § 807, 6-2-2003)

State law reference(s)—Mobile home commission act, MCL 125.2301 et seq.

No accessory building on the same lot with a principal building shall be used for dwelling purposes.

(Code 1992, § 24-263; Ord. No. 304, § 808, 6-2-2003)

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 1992, § 24-264; Ord. No. 304, § 809, 6-2-2003)

Any building that has been partially destroyed or is in such a state of disrepair as to be uninhabitable and/or a hazard to the public health and safety shall be subject to regulations contained within the state construction code and/or fire code.

(Code 1992, § 24-265; Ord. No. 304, § 810, 6-2-2003; Ord. No. 336, 5-7-2012)

1. Emergency temporary dwellings may be permitted upon a finding by the city that the principal residential structure has been destroyed in whole or in part and therefore is uninhabitable and the standards set forth herein have been met.
2. Permit application and review.
   1. An application for a permit for the emergency temporary use and installation of a mobile home, modular, or prefabricated dwelling unit shall be made to the zoning administrator. The application shall be accompanied by a plot plan showing the location of the proposed structure.
   2. The application shall be reviewed by a committee composed of the zoning administrator and two city council members appointed by the mayor. Approval of the application may be granted by a majority vote of the committee upon a finding that both of the following conditions are met:
      1. The principal residential structure has been destroyed in whole or in part and therefore is uninhabitable.
      2. The temporary dwelling unit shall be connected to sewer and water.
3. The granting of a permit for an emergency temporary dwelling unit shall be for a period of up to one year from the date of approval by the committee. Any conditions of approval shall be specified in writing on the permit.
4. To guarantee compliance with the provisions of this article and removal of the emergency temporary dwelling upon expiration of the permit, the city council may require a cash bond to be posted prior to the issuance of a permit.

(Code 1992, § 24-266; Ord. No. 304, § 811, 6-2-2003)

All required 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 1992, § 24-267; Ord. No. 304, § 812, 6-2-2003)

State law reference(s)—Sewage disposal and waterworks systems, MCL 324.4101 et seq.

Any lot of record created prior to the effective date of this chapter 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 1992, § 24-268; Ord. No. 304, § 813, 6-2-2003)

In any zoning district, every use, building or structure 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 1992, § 24-269; Ord. No. 304, § 814, 6-2-2003)

No fence, wall, hedge, screen, sign, structure, vegetation, planting, snow pile or other obstruction shall be higher than 30 inches and lower than ten feet above street 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 rights-of-way lines and a straight line joining the two street lines at points which are 25 feet from the point of intersection, measured along the street right-of-way lines.

(Code 1992, § 24-270; Ord. No. 304, § 815, 6-2-2003)

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 area included therein shall henceforth be subject to all appropriate regulations of that district within which such area is located.

(Code 1992, § 24-271; Ord. No. 304, § 816, 6-2-2003)

The height requirements established by this article 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 article: church steeples, bell towers, chimneys, ventilators, skylights, water tanks, bulkheads, utility poles, power lines, radio, television and other communication broadcasting (except cellular telephone) facilities, silos, 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 Public Act No. 23 of 1978, Ex. Sess., airport zoning act (MCL 259.431 et seq.).

(Code 1992, § 24-272; Ord. No. 304, § 817, 6-2-2003; Ord. No. 328, 5-3-2010)

Essential services shall be permitted as authorized and regulated by law and other ordinances of the city. The construction of buildings associated with essential services shall be subject to article XI of this chapter, site plan review procedures. Otherwise, the construction, maintenance, and alteration of essential services shall be exempt from the provisions of this chapter.

(Code 1992, § 24-273; Ord. No. 304, § 818, 6-2-2003)

1. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
   
   Depth or pool depth means the greater of the water depth or the pool wall depth.
   
   Pool or pools means and includes all swimming pools, hot tubs, Jacuzzis, whirlpools, manmade ponds, and other pools not contained and enclosed within any principal or accessory building or structure.
2. Pool requirements. All pools more than 20 inches in depth shall be permitted as an accessory use, provided they meet the following requirements:
   1. Setback from property lines. There shall be a distance of not less than six feet between each adjoining property line and the outside of the pool wall.
   2. Setback from buildings. There shall be a distance of not less than ten feet between the outside pool wall and any building located on the same lot. Provided, however, that any whirlpool, hot tub and other such pool not intended and/or used for swimming purposes may be located any distance from a building as allowed by applicable construction codes.
   3. Pool location. All pools shall be located completely within a side or rear yard.
   4. Electrical conductors; wires. If electrical service drop conductors or other utility wires cross under or over a proposed pool area, the applicant shall make arrangements with the utility involved for the relocation of such conductors or wires before a permit shall be issued for the construction or installation of a swimming pool. Such relocation shall occur prior to using the pool.
   5. Fencing. For the protection of the public, the following pools shall be completely enclosed by a fence not less than four feet in height; any gates accessing the pool area shall be of a latching type and capable of being securely locked:
      1. All in-ground pools.
      2. All aboveground or partially aboveground pools which have an exterior wall height of less than four feet above the grade of the yard in which the pool is located. Provided, however, that all aboveground or partially aboveground pools having an exterior wall height of four feet or greater, and which are accessible from the ground by means of a ladder, steps or similar device, shall be either completely enclosed by a fence pursuant to the above provisions or have a latching gate capable of being locked and preventing access to the pool by wall of such ladder, steps or similar device. Further provided that any whirlpool, hot tub and other such pool not intended and/or used for swimming purposes shall be exempt from the foregoing fencing requirements if the same is at all times equipped with a lid or cover capable of being locked when such pool is not in use.

(Code 1992, § 24-274; Ord. No. 304, § 819, 6-2-2003; Ord. No. 313, 7-5-2005)

State law reference(s)—Public swimming pools, MCL 333.12521 et seq.

Home occupations shall be permitted in all detached single-family residential dwellings and shall include such customary home occupations as: hairdressing, millinery, dressmaking, bookkeeping and accounting services, real estate and insurance sales, professional offices, 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.

1. The nonresidential use shall be only incidental to the primary residential use.
2. 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.
3. Only normal domestic or household equipment and equipment characteristic of small workshops, businesses and professional offices shall be used to accommodate the home occupation.
4. The home occupation shall involve no employees other than members of the immediate family.
5. All activities shall be carried on indoors. No outdoor activities or storage shall be permitted.
6. 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.
7. There shall be no external evidence of such occupation, except a small announcement sign not to exceed two square feet in area and attached to the front wall of the principal structure.
8. 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.
9. A home occupation use shall not create a nuisance or endanger the health, safety, welfare, or enjoyment of any other person in the area, by reason of noise, vibration, glare, fumes, odors, unsanitary or unsightly conditions, fire hazards, or the like, involved in or resulting from such home occupation.
10. No storage or display of goods within the dwelling unit shall be visible from outside the dwelling unit.
11. The home occupation shall not require additional off-street parking spaces or loading/unloading areas.
    

(Code 1992, § 24-275; Ord. No. 304, § 820, 6-2-2003; Ord. No. 340, pt. II, 9-4-2012)

State law reference(s)—Instruction in craft or fine art is a required home occupation, MCL 125.3204.

Truck-lifted or transported year-round trash container areas shall not be located within the required yard areas and shall be designed to prevent the unsightly deposit or collection of solid waste and prevent children and pets from having access to these areas. The screening of trash containers shall be in accordance with section 44-425, landscaping, greenbelts and buffers, and screening.

(Code 1992, § 24-276; Ord. No. 304, § 821, 6-2-2003)

1. General standards.
   1. An outdoor display shall be considered an accessory to the principal business use conducted on the premises.
   2. The exterior of the premises shall be kept clean, orderly and maintained.
   3. The city shall not be held liable or responsible for any type of damage, theft or personal injury which may occur as a result of an outdoor display.
2. Standards within CBD district.
   1. An outdoor display may be located in front of or adjacent to the establishment.
   2. Outdoor display and sale areas shall be subject to all setback requirements and shall not be placed within the public right-of-way or sidewalk areas unless otherwise permitted by the city.
3. Standards within WF and HSC districts.
   1. An outdoor display shall not be located within any required yard and shall not be located within any public street right-of-way.
   2. An outdoor display shall not occupy or obstruct the use of any fire lane, required off-street parking or landscaped area required to meet the requirements of this chapter.

(Code 1992, § 24-277; Ord. No. 304, § 822, 6-2-2003)

A sidewalk cafe service operated by a restaurant or other food establishment which sells food for immediate consumption may be permitted subject to the following conditions:

1. An application depicting the location and layout of the cafe facility shall be submitted to the planning commission. Site plan approval shall be required. A permit shall remain in effect, unless there is a change in ownership or the operation of the cafe fails to meet the standards contained herein.
2. A sidewalk cafe may be located in front of or adjacent to the establishment. A sidewalk cafe that extends beyond the property lines of the applicant shall require the written permission of the affected property owners.
3. A sidewalk cafe shall be allowed only during normal operating hours of the establishment.
4. The exterior of the premises shall be kept clean, orderly and maintained or the permit may be revoked. All food preparation shall be inside the premises.
5. The city shall not be held liable or responsible for any type of damage, theft or personal injury which may occur as a result of a sidewalk cafe operation.
6. All sidewalk cafes shall comply with applicable health department regulations.

(Code 1992, § 24-278; Ord. No. 304, § 823, 6-2-2003)

Travel trailers, motor homes and recreation vehicles shall be permitted to be 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 with the application to furnish the occupants of the travel trailer, motor home or recreation vehicle with sanitary facilities. 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 1992, § 24-279; Ord. No. 304, § 824, 6-2-2003)

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 1992, § 24-280; Ord. No. 304, § 825, 6-2-2003)

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 1992, § 24-281; Ord. No. 304, § 826, 6-2-2003)

Television satellite dish antennas shall be subject to the following requirements when being installed or constructed in any zoning districts:

1. Satellite dishes shall be considered accessory structures 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 extend more than three feet above the highest portion of a roof.
4. The satellite dish antenna shall be permanently attached to a foundation or structure.
5. No part of the satellite dish antenna shall exhibit any commercial advertising other than a name or symbol not exceeding two square feet.
6. A zoning permit must be obtained before any satellite dish antenna is constructed or installed.

(Code 1992, § 24-282; Ord. No. 304, § 827, 6-2-2003)

The sale of goods on a residential parcel by the owner or occupant is permitted, provided that the duration of such sales shall not be for more than three days at any one time period and such sales shall not occur more than two times each calendar year.

(Code 1992, § 24-283; Ord. No. 304, § 828, 6-2-2003)

Small domesticated household pets, such as dogs, cats and birds existing in dwelling units in the city are limited to a maximum number of four over the age of six months, provided all such pets are kept or harbored to not disturb neighboring properties.

(Code 1992, § 24-286; Ord. No. 304, § 831, 6-2-2003; Ord. No. 330, 9-7-2010)

Except as specifically provided relative to platted lots in the Central Business District in article IV of chapter 16 of this Code, as amended, all lots and parcels created subsequent to June 24, 2003, shall have a ratio which shall not exceed a depth of four times the width.

(Code 1992, § 24-287; Ord. No. 304, § 832, 6-2-2003; Ord. No. 330, 9-7-2010)

1. Intent. Pursuant to the authority conferred by section 141 of the condominium act (MCL 559.241), preliminary and final site plans shall be regulated by the provisions of this chapter and approved by the planning commission.
2. General requirements.
   1. Each condominium unit shall be located within a zoning district that permits the proposed use.
   2. For the purposes of this chapter, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which it is located, and the provisions of any other statutes, laws, ordinances, and/or regulations applicable to lots in subdivisions.
   3. In the case of a condominium containing single-family detached dwelling units, not more than one dwelling unit shall be located on a condominium lot, nor shall a dwelling unit be located on a condominium lot with any other principal structure or use. Required yards shall be measured from the boundaries of a condominium lot.
3. Site plan approval requirements. Preliminary approval of the site plan and final approval of the site plan and condominium documents by the planning commission shall be required as a condition to the right to construct, expand or convert a site condominium project. No permits for erosion control, building construction, grading, or installation of public water or sanitary sewerage facilities shall be issued for property in a site condominium development until a final site plan has been approved by the planning commission and is in effect. Preliminary and final approval shall not be combined.
   1. The applicant shall submit a site plan pursuant to the standards and procedures set forth in article XI of this chapter, site plan review procedures.
   2. In addition to the final site plan, the draft condominium documents shall be submitted to the city for review by the city attorney and other appropriate staff.
   3. The applicant shall submit detailed engineering plans to the planning commission.
   4. The planning commission shall approve or deny the final site plans based upon conformance with all applicable laws, ordinances and design standards.
   5. The planning commission, as a condition of final approval of the site plan, shall require the applicant to provide a financial guarantee as set forth in section 44-404, financial guarantees, for the completion of improvements associated with the proposed use.
   6. Following approval of the final site plan, the final condominium documents and engineering plans may also be approved by the planning commission.
4. Required improvements.
   1. All design standards and required improvements that apply to a subdivision, under the subdivision regulations adopted by the city council, shall apply to any condominium development.
   2. Each condominium unit shall be connected to the city water, sanitary and storm sewers. Utility standards stated in the building code shall apply to all condominium units proposed for location on any property which is not subdivided and recorded, or any property which is to be further subdivided.
   3. Monuments shall be set at all boundary corners and deflection points and at all road right-of-way intersection corners and deflection points. Lot irons shall be set at all condominium lot corners and deflection points of condominium lot lines. The city may grant a delay in the setting of required monuments or irons for a reasonable time, but not to exceed one year, on condition that the developer deposit with the city treasurer, cash, a certified check, or an irrevocable bank letter of credit running to the city, whichever the developer selects, in an amount as determined from time to time by resolution of the planning commission. Such deposit shall be returned to the developer upon receipt of a certificate by a surveyor registered in the state that the monuments and irons have been set as required, within the time specified. If the developer defaults, the planning commission shall promptly require a registered surveyor to set the monuments and irons in the ground as shown on the condominium site plans, at a cost not to exceed the amount of the security deposit.
   4. Road rights-of-way shall be described separately from individual condominium lots, and shall be accurately delineated by bearings and distances on the condominium subdivision plan and the final site plan. The rights-of-way shall be for roadway purposes and for the purposes of locating, installing, maintaining, and replacing public utilities. The developer shall declare easements to the city for all public water and sanitary sewer lines and appurtenances.
   5. All improvements in a site condominium shall comply with the design specifications as adopted by the city and any amendments thereto.
5. Information required prior to occupancy. Prior to the issuance of occupancy permits for any condominium units, the applicant shall submit the following to the zoning administrator:
   1. A copy of the recorded condominium documents (including exhibits).
   2. A copy of any recorded restrictive covenants.
   3. A copy of the site plan on laminated photostatic copy or Mylar sheet.
   4. Evidence of completion of improvements associated with the proposed use, including two copies of an as-built survey.
6. Revision of site condominium plan. If the site condominium subdivision plan is revised, the final site plan shall be revised accordingly and submitted for review and approval or denial by the planning commission before any building permit may be issued, where such permit is required.
7. Amendment of condominium documents. Any amendment to a master deed or bylaws that affects the approved preliminary or final site plan, or any conditions of approval of a preliminary or final site plan, shall be reviewed and approved by the city attorney and planning commission before any building permit may be issued, where such permit is required. The planning commission may require its review of an amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the site plan.
8. Relocation of boundaries. Relocation of boundaries between adjoining condominium units, if permitted in the condominium documents, as provided in section 48 of the condominium act (MCL 559.148), shall comply with all regulations of the zoning district in which it is located and shall be approved by the planning commission upon recommendation of the city assessor. These requirements shall be made a part of the bylaws and recorded as part of the master deed.
9. Subdivision of condominium lot. Each condominium lot that results from a subdivision of another condominium lot, if such subdivision is permitted by the condominium documents, as provided in section 49 of the condominium act (MCL 559.149), shall comply with all regulations of the zoning district in which it is located, and shall be approved by the planning commission upon recommendation of the city assessor. These requirements shall be made a part of the condominium bylaws and recorded as part of the master deed.

(Code 1992, § 24-288; Ord. No. 304, § 833, 6-2-2003)

State law reference(s)—Condominium act, MCL 559.101 et seq.

Any person desiring to build a fence shall first apply to the zoning administrator for a permit. Application for such permit shall contain any and all information, including site plan information, which is required and necessary for the determination of whether the erection of such fence would be contrary to the provisions of this chapter. The fee for such permit shall be set by council resolution. Except as otherwise required by this chapter, the following regulations shall apply:

1. In a residential district, fences shall not exceed six feet in height. However, fences in the required front yard shall not exceed four feet in height and 50 percent opacity. Opacity is the degree to which a fence is impervious to rays of light. This condition shall be measured by the observation of any two-square-yard area of fence between one foot above the ground level and the top of the fence. The observation shall be from a direction perpendicular to the place of the fence.
2. In a commercial, industrial, or office district, no fence, wall, or other screening structure shall exceed eight feet in height.
3. The use of barbed wire, spikes, nails, or any other sharp point or instrument of any kind on top or on the sides of any fence is prohibited. Barbed wire cradles may be placed on top of fences enclosing public utility buildings or wherever deemed necessary in the interests of public safety.
4. No fence shall be constructed or maintained which is charged or connected with an electrical current.
5. Retaining walls shall be designed and constructed in accordance with applicable building code requirements.
6. Temporary construction fences and fences required for protection around excavations shall comply with the building code. Such fences shall not remain in place for a period greater than one year.
7. Clear vision requirements.
   1. No fence, wall, screen, hedge, sign, or other structure or planting shall obstruct visibility, as provided in section 44-280.
   2. On any interior lot, no fence, wall, screen, hedge, sign, or other structure or planting shall obstruct the visibility of a driveway, either on a parcel or on an adjacent parcel, between the height of 30 inches and ten feet measured a distance of 20 feet back from the point where the driveway intersects the street.

(Code 1992, § 24-289; Ord. No. 304, § 834, 6-2-2003)

1. All Solar Energy Systems.
   1. The installation of any solar panel shall not unreasonably negatively impact adjacent properties with additional or excessive storm water runoff and/or drainage.
   2. All panels must be adequately secured to the surface upon which they are mounted, and the mounting structure must have reasonably adequate capability and capacity to support the panels.
   3. All panels shall have tempered, non-reflective surfaces.
   4. Solar energy equipment shall be repaired, replaced, or removed within three months of becoming nonfunctional.
   5. Solar energy systems 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 Zoning Administrator prior to installation. Zoning Administrator approval is required.
   6. Solar energy systems shall comply with current construction codes, national electrical codes, and other state and federal requirements.
   7. Any modifications to a solar energy system must be reviewed by the zoning administrator.
2. Roof-Mounted Solar Energy System.
   1. Solar energy systems shall be such a weight to be safely supported by the building. Building inspector approval is required.
   2. Solar energy systems shall be considered part of the building and meet all the required building height and setback requirements.
   3. Solar energy systems shall not project more than 2 feet above highest point of roof or exceed maximum building height limitations allowed in that zoning district.
   4. Solar energy systems shall not be located within 3 feet of any peak, eave, or valley to maintain adequate accessibility.
3. Ground-Mounted Solar Energy Systems.
   1. Ground-mounted solar energy systems are only permitted in rear yards and must not be visible from the public right of way adjacent to the front yard. They may not be erected in any required front or side yard.
   2. Ground-mounted solar energy systems may not extend into the required setback at any tilt angle.
   3. Ground-mounted solar energy system shall not exceed 10 feet in height measured from the ground at the base of such equipment. The height of the ground-mounted solar energy system shall be measured from ground level to the highest point of the solar panel, when oriented at maximum tilt. See Figure 1, Section 44-38.
   4. The total area of ground-mounted solar energy systems shall be included in calculations to determine maximum lot coverage per the zoning district in which they are located in. The total square footage of any solar panel system shall not exceed more than 3% of the total lot coverage.
      
      Example: standard city lot 66 x 132=8712 square feet. Solar system cannot be large than 3%, 8712 x .03= 261.36 square feet.
   5. Notwithstanding any other requirement of this Ordinance, Ground-mounted solar energy systems shall be a minimum of ten feet from any adjoining lot line.
   6. The square footage of a Ground mounted solar energy system shall not exceed the total square footage of the ground floor of the principal building including any structurally attached accessory buildings.
   7. No Ground-mounted solar energy system shall be located closer than ten feet to any principal building, when oriented at maximum tilt or rotation.
   8. No Ground-mounted solar energy system shall be built upon a lot or parcel unless and until a principal building is erected.
   9. No Ground-mounted solar energy system shall be located within a dedicated utility or drainage easement or right-of-way.