Unless otherwise specifically stated, the provisions of this article shall apply to all lands within the city and within all zoning districts. As an aid to users, this ordinance cross-references sections that are or might be applicable to other sections. An incorrect or lack of cross-reference does not relieve a person from complying with all applicable requirements of this ordinance. The ordinance must be read and applied "as a whole."

Wherever any provision of this ordinance imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this ordinance shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this ordinance, then the provisions of such ordinance shall govern.

The graphics, tables and text used throughout this ordinance are regulatory. In case of a conflict, text shall control over tables or graphics; tables shall control over graphics. Photographs and illustrations marked "example" or text marked "commentary" is not regulatory and is provided for illustrative purposes only.

Nothing in this ordinance shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by the building official, building inspector, or public health inspector.

Nothing in this ordinance shall prevent the unlimited modification of a building only as may be necessary to comply with barrier-free requirements and the Americans with Disabilities Act.

Temporary buildings or structures may be utilized during construction for the storage of construction materials and for construction offices during a construction period of an approved project. Temporary buildings shall be removed within thirty (30) days after the completion or abandonment of the work. No temporary building or structure shall be used as a dwelling unit.

The relocation of a building to a different location in the city shall be the same as erection of a new building, and all applicable provisions, regulations, and required permitting shall be followed and obtained.

No structure shall be demolished until an inspection has been completed by the City of Ecorse Building Department and a demolition permit issued by the department. The demolition shall be completed within such reasonable time period as shall be prescribed by the City of Ecorse and under conditions that may be specified by the City of Ecorse as necessary to protect the public health, safety and welfare. The demolition of structures within the City of Ecorse shall comply with the following:

A.

The demolition of the structure includes the demolition of the foundation, cement flooring footings, and walls, unless an applicant has immediate plans to incorporate those features into the proposed structure's design. Following the removal of all required debris, any excavation or foundation shall be backfilled with clean fill and the site graded to meet existing grades at the property lines and prevent drainage of surface water onto abutting properties. All construction fencing shall be removed upon completing the demolition. For demolitions that result in no principle structure remaining on the lot, all driveway curb cuts shall be removed with the curb being replaced consistent with the specifications from the city engineer.

B.

The demolition of structures shall not damage any public property. If any damaged is done to public property, the applicant is responsible for making all of the repairs in a timely manner. Demolition shall comply with the technical specifications in the demolition application.

C.

Following grading all non-paved areas shall be top dressed with a minimum two (2) inches of topsoil, seeded with an appropriate grass seed, and properly maintained in accordance with the City Code of Ordinances.

D.

An accessory building remaining on a property following the demolition of the principal structure shall be maintained in good condition.

E.

Performance guarantees from the completion section of the demolition application shall be followed:

1.

Because of the inherent health, safety, and fire damage to adjoining structures, time is of the essence. The contractor shall complete all work within thirty (30) calendar days after contract has been awarded. Failure to complete the project in a timely manner shall result in loss of contract and or charges of one hundred fifty dollars ($150.00) per day. A one thousand dollars ($1,000.00) bond shall be put into an escrow account and will not be refunded until final approval of the permit for that location. A separate bond will be required for each building.

Any structure constructed in a floodplain shall obtain a Part 31 permit from the Michigan Department of Environment, Great Lakes, and Energy prior to being issued a land use permit and shall adhere to all other floodplain regulations contained in the Ecorse City Code chapter 11, Flood Damage Prevention.

(Ord. of 5-31-22(2))

Accessory buildings, except as otherwise permitted in this ordinance, shall be subject to the following regulations. Accessory buildings structurally attached to a principal building shall be subject to, and must conform with, all regulations of this ordinance applicable to the main building and not subject to the regulations for accessory buildings in this section.

Storage of materials or goods to be sold at retail or used as services is prohibited except where expressly allowed in this ordinance. All allowed storage must take place in a rear or side yard and screened from view, and be an accessory use to the principal use of the parcel.

Donation bins shall be prohibited with the city limits.

Critical, essential and supporting public uses shall be allowed in any zoning district by right. All applicable laws or other ordinances of the city shall apply. All structures associated with a public use shall be subject to applicable setbacks for the district in which they are located. Site plan approval and a land use permit shall be required.

Buildings erected, altered or moved upon any premises and used in whole or in part as either year-round or seasonal dwellings or for recreational, business, commercial or industrial purposes, including religious institutions, schools, and other buildings in which persons customarily congregate, shall have adequate water and sanitary facilities as determined by the City of Ecorse Building Department.

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

A.

Structural appurtenances. When a given use is permitted in any district, the following kinds of structural appurtenances may be permitted to exceed the height limitations for authorized uses:

1.

Ornamental in purpose, such as church steeples, belfries, cupolas, domes, ornamental towers, and flag poles, and similar appurtenances provided such structural elements do not exceed twenty (20) percent of the gross roof area and provided further that each front, side and rear yard minimum is increased one foot for each one foot of additional height above the district maximum.

2.

Appurtenances to mechanical or structural functions, such as chimney and smoke stacks, water tanks; elevator and stairwell penthouses, ventilators, bulkheads, fire and hose towers and cooling towers.

B.

Commercial and industrial districts.

1.

In any commercial or industrial district, any principal building may be erected to a height in excess of that specified for the district, provided each front, side and rear yard minimum is increased one foot for each one foot of additional height above the district maximum.

2.

In those commercial or industrial districts not requiring yard setbacks, any portion of a principal building may be erected to a height in excess of that specified for that particular district, provided that such portion is set back from all street, lot, and required yard lines one foot from each one foot of additional height.

In calculating the area of a lot that adjoins a vacated and unpaved alley or lane, for the purpose of applying lot area requirements of this ordinance, one-half the width of such alley abutting the lot shall be considered as part of such lot.

For the purpose of this ordinance, access drives may be placed in the required front or side yards so as to provide access to rear yards and/or accessory or attached structures. Access drives in single-family residential districts are limited to one per dwelling unit. These drives will not be considered as structural violations in front and side yards. Further, any walk, terrace, or other pavement servicing the like function, and not in excess of nine (9) inches above the grade upon which placed, shall for the purpose of this ordinance not be considered to be a structure, and shall be permitted in any required yards.

Architectural features may encroach into required yards as follows:

A.

Cornices, eaves, sills, fireplaces, flues, ornamental features and other similar features may extend or project into a required yard a distance of not more than two (2) inches for every one foot of required side yard.

B.

Uncovered and unenclosed ground story decks, patios or terrace less than thirty (30) inches above grade may project into a required yard a maximum of fifty (50) percent of the required rear or side yard.

C.

Covered porches that extend from the ground floor level of a single-family or duplex residence may project into a required front yard setback a maximum of eight (8) feet.

D.

A front porch on a residential structure shall be compatible with the building materials, color, and scale of the principal structure.

No person shall erect or cause to be erected a fence of any nature, type or description within the city without a duly issued permit from the office of the building inspector. A written application shall be filed setting forth the type of fence to be erected, along with a diagram showing the location, and legal description of the premises on which the proposed fence is to be erected. This section shall not apply to or regulate the construction of fences on public property.

All fences shall:

A.

Be no taller than six (6) feet, measured at the top point of the fence post/panel, in the side or rear yards in residential districts and be no taller than eight (8) feet, measured at the top point of the fence post/panel, in the side or rear yards in commercial or mixed-use districts.

B.

Be no taller than four (4) feet on the side yard for a corner lot in residential districts.

C.

Be no closer than one foot from the inside line of the sidewalk for corner lots. No permit shall be granted for such erection or construction of any fence or wall which could cause an obstruction of view for any driver of a vehicle entering the intersection of an abutting street as determined by the city engineer. A fence or wall located on a side yard abutting a street right-of-way shall be located no closer to front lot line than the mid-point of the principal structure to provide adequate sight clearance for vehicular traffic.

D.

Be prohibited in front yards. No fence or wall in residential areas shall extend toward the street beyond the established building line, nor shall any fence be erected in any residential area on or parallel to the front lot line, except that it shall be located on or behind the established building line.

E.

Be wholly on the property they are intended to serve.

F.

Be no closer than three (3) feet to an abutting alley.

G.

Have the finished side of the fence facing outward away from the property.

H.

Be maintained in good repair.

I.

Not be made of or include chain link fence material, barbed wire, razor wire, electrified materials, or any other dangerous material in the residential, commercial, or mixed-use districts. Such material may be allowed in the industrial districts upon approval by the city engineer. The sole exception shall be for single-family residential uses, which shall be permitted to use chain link fence material on the condition that it be kept in good repair, shall not incorporate any material, such as plastic or fabric, woven into the links, and the top fence ties shall be bent downward to ensure they do not pose a hazard.

J.

Leave uninterrupted open space of a minimum of three (3) inches and a maximum of five (5) inches between the ground and the bottom of the fence panels to allow for the maintenance of weeds.

(Ord. of 5-31-22(2); Ord. of 7-11-23(3); Ord. of 4-2-24(1) )

Entrance structures, including but not limited to walls, columns, and gates, marking entrances to single-family subdivisions or multiple housing developments may be permitted and may be located in a required yard, provided clear vision areas are maintained and that such entrance structure shall comply to all codes and ordinances of the city and be approved by the building inspector and a permit issued.

The storage of recreational vehicles shall be temporary and subject to the following:

A.

A RV is permitted for up to twenty-four (24) hours for loading and unloading purposes in any district.

B.

Not be located in any front yard unless on a paved driveway and cannot exceed thirty (30) calendar days per year in twenty-four (24) hour increments.

C.

Be registered to the occupant of the property, unless established as an approved storage use.

D.

Not be parked overnight on any street, alley, highway, or public space.

E.

Not be used as a temporary dwelling unit.

All development within the City of Ecorse shall comply with the following performance standards:

Skirting shall be permitted around the base of porches and decks in residential districts. Complete enclosure of porch or deck bases shall be prohibited to discourage the establishment of vermin and pests under porches and decks. Skirting shall consist of either wood or plastic lattice work with gaps at least two (2) inches in diameter, and/or wire mesh screening mounted on a frame. Wire mesh should be installed between eight (8) to twelve (12) inches below the skirting in an "L" shape, with the bottom edge facing outward away from the deck or porch. Such skirting shall be compatible aesthetically with the appearance and construction of the home. Skirting shall be installed in a manner so as to resist damage under normal weather conditions and shall be properly maintained.

(Ord. of 7-11-2023(3))

All accessory buildings regardless of zoning district shall:

A.

Not be located in any front yard.

B.

Not be closer than ten (10) feet to an existing structure when detached.

C.

Not be located in a dedicated easement or right-of-way.

D.

Maintain the side and rear setbacks for the district, unless expressly allowed otherwise.

E.

Storage pods and shipping containers for the use of an accessory structure or living unit is prohibited. Licensed and bonded contractors may use shipping containers for temporary housing of equipment and materials during construction as authorized by a land use permit issued by the city.

Accessory buildings for all residential dwellings in the SFR and FR zoning districts shall:

A.

Be limited to two (2) buildings, with a combined area not to exceed the ground floor area of the principal residential structure. A parcel or lot zoned SFR cannot have two garages.

B.

Be located on the same lot as the principal building.

C.

Not exceed fifty (50) percent of the rear yard.

D.

Maintain a side yard setback of three (3) feet, a rear yard setback of ten (10) feet, unless abutting an alley in which case the rear yard setback shall be three (3) feet.

E.

Not exceed a height of fourteen (14) feet, or the height of the principal residential dwelling, whichever is less.

Accessory buildings in the MFR zoning district shall be approved as part of the site plan review process as to their location, mass and use, and shall:

A.

Not exceed a height of fourteen (14) feet, or the height of the principal building, whichever is less.

Accessory buildings for all residential dwellings in the MH zoning district shall:

A.

Be limited to one per lot or site.

B.

Maintain the setbacks established in section 10.1.

C.

Be limited to one per site or lot.

D.

Not exceed a height of fourteen (14) feet, or the principal building, whichever is less.

E.

All other accessory buildings or uses for a mobile home park development shall be included in the site plan review application.

Accessory buildings shall be prohibited in the NMU and CC Districts.

Accessory buildings in the C, LI, GI, and PSP zoning districts shall:

A.

Not exceed the maximum height allowed in the district.

B.

Require site plan review if exceeding two hundred (200) square feet.

All accessories buildings used as dog shelters shall be subject to the following standards:

A.

Dog shelters shall only be allowed in districts where accessory buildings are permitted.

B.

Dog shelters shall be constructed of suitable material to protect the animal from weather and shall be made of four (4) sides, a roof, and a floor. The size of the house shall be commensurate to the size of the dog allowing for the animal to sit, stand and turn around without touching the sides or the roof, but shall not exceed a width of six (6) feet, a height of six (6) feet, and a depth of six (6) feet.

C.

Detached dog shelters shall be constructed on a concrete slab with a minimum four (4) inch by twenty-four (24) inch rat wall.

D.

A dog shelter shall be enclosed by a six (6) foot tall fence on all four (4) sides of the dog shelter to provide an additional layer of protection for visitors. The fence must be made of a material that is transparent (i.e. chain link).

The emission of measurable noise from the premises shall not exceed the limits specified in the table below. The limits shall be measured at the property line where the operation of activity is located. These regulations do not apply to construction activities, maintenance activities, noises of safety signals, warning devices, emergency pressure relief values, or special community events approved by city council.

All machinery shall be so mounted and operated that vibration from sound or noise at any lot line shall not be so intrusive as to interfere with normal daily activities in adjoining land uses.

The emission of noxious, odorous matter in such quantities as to be readily detectable at any point along any lot line so as to produce a public nuisance or hazard is prohibited. For new facilities (commercial or industrial), the most recent technologies shall be utilized to reduce odors, as part of or in addition to any conditions included in a USEPA and/or MDNRE air/water quality permit(s). As part of the land use permit review the applicant shall demonstrate that all measures technologically available and financially viable to mitigate the emission of noxious odors will be incorporated into the design of the facility. For existing commercial and industrial facilities, odors resulting from the production process that are within the limits established by the USEPA and/or MDNRE in approved permits shall not be considered in violation of this ordinance. This does not exempt any business from the responsibility to take all necessary technologically feasible and financially viable measures to reduce such odors, and to comply to with any new standards required as part of a renewed or new USEPA and/or MDNRE environmental permit.

The escape or emission of any gas, which is in violation of a USEPA and/or MDNRE permit shall be deemed a violation and shall be abated, as directed by the permit issuer.

Any operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot line, except during the period of construction of the facilities to be used and occupied.

The rules and regulations of the Federal Communications Commission, as amended with respect to the propagation and dissemination of electromagnetic radiation must be followed and are hereby made a part of this ordinance.

Property owners shall take appropriate measures to ensure the prevention of drifting of airborne particles or debris beyond their lot lines. Any such activity shall be promptly abated upon notification by the city. During times of stockpiling or removal, excavation or grading those measures, necessary and practical (dampening, etc.), will be taken to minimize the blowing and drifting of material.

The discharge of any opaque smoke or particulate in violation of an issued permit from the USEPA or the MDNRE shall not be permitted, and shall be abated, as directed by the permit issuer.

The public shall be notified whenever scrubbers or other pollution control equipment used to reduce or eliminate the emission of odors, gases, or particulate matter into the air, or contaminants from discharging into ground or surface waters, will be shut down for maintenance or become inoperable due to breakdown. In the case of a planned shutdown, the public shall be notified at least forty-eight (48) hours in advance. Such notice shall include the date and time of the shutdown, the duration of the shutdown and the impact of the shutdown (increased odors, etc.) on the community. In the case of a non-planned, sudden breakdown of such equipment the public shall be immediately notified of the problem, its expected duration and its impact on the community. Such notification shall be sent via e-mail, fax and/or other electronic means to the MDNRE, City of Ecorse, adjacent governmental entities, local schools, and local media (TV, radio, newspaper, etc.).

It is the intent of this ordinance to permit legal nonconforming uses, sites, structures and lots to continue until they are removed but not to encourage their survival. It is recognized that there exists within districts established by this ordinance and subsequent amendments, uses, sites, structures and lots which were lawful before this ordinance was passed or amended which would be prohibited, regulated or restricted under the terms of this ordinance or future amendments.

A.

Continuation. On or after the effective date of this ordinance or any subsequent amendments, a nonconformity that was lawfully operated, established, or commenced in accordance with the provisions of all ordinances, statutes, or regulations in effect at that time may continue subject to this article.

B.

Change in tenancy or ownership. There may be a change of tenancy, ownership, or management of any existing nonconforming use or structure which does not alter the nonconforming status.

C.

Special land uses and variances. If a special land use or variance has been approved, the structure or use shall not be considered "nonconforming."

D.

Issued land use permit. Any land use permits issued prior to the effective date of this ordinance, or any subsequent amendments, shall be valid in accordance with its terms, even though not conforming to the provisions of this ordinance, provided that construction is commenced within twelve (12) months after the date of permit issuance and proceeds meaningfully until completion.

E.

Exception for repairs pursuant to public order. Nothing in this article shall be deemed to prevent the strengthening or restoration to a safe condition of a building or structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders it to restoration to a safe condition, provided that such restoration is not otherwise in violation of the various provisions of this ordinance prohibiting the repair or restoration of partially damaged or destroyed buildings or structures.

F.

Loss of nonconformity. A legal nonconformity is lost by changing to conform to the ordinance or through vacancy, lack of operation or otherwise for six (6) or more successive calendar months. If lost, any future use of such premises shall be in conformity, in its entirety, with the provisions of this ordinance. Loss of a nonconformity shall terminate the right to continue the nonconformity.

Nonconforming uses may be continued, enlarged, or expanded in accordance with the following provisions:

A.

Continuance. A legal nonconforming use of any structure may be continued, although such use does not conform to the provisions of this ordinance. Such use may be extended throughout the structure, provided that no structural alterations or additions to the structure are made.

B.

Enlargement or expansion. A conforming structure in which a nonconforming use is operated shall not be enlarged or expanded except as required by law or to comply with an order of the city building official.

C.

Change of use regulations.

1.

Changes to conforming uses. Any nonconforming use may be changed to a use conforming with the regulations established for the district in which the nonconforming use is located, provided, however, that a nonconforming use so changed shall not in the future be changed back to the former nonconforming use.

2.

Changes to other nonconforming uses. A nonconforming use may be changed to another nonconforming use by order of the zoning board of appeals, provided that the new use is determined to be more consistent with the spirit of this ordinance, the neighborhood, and the master plan than the nonconforming use which is being replaced. The order may be made by the zoning board of appeals only if it makes findings in support of each of the following:

a)

The new use will not be contrary to the public interest;

b)

The new use will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district;

c)

The new use will be in harmony with the spirit and purpose of these regulations and the master plan goals, objectives, and policies;

d)

The plight of the applicant for which the new use is sought is due to unique circumstances existing on the property and/or within the surrounding district;

e)

Approval of the new use will not substantially weaken the general purposes of this article or the regulations established in this ordinance for the applicable zoning district;

f)

The new use shall not require more off-street parking and loading space than the former nonconforming use unless additional adequate off-street parking and loading space is provided for the increment of the new nonconforming use as if the increment were a separate use;

g)

The new use shall conform to all regulations established in article 6, Site Development Standards and article 7, Supplemental Use Standards, of this ordinance; and

h)

The new use will not adversely affect the public health, safety, and welfare.

Nonconforming sites may be continued, enlarged, or expanded in accordance with the following provisions:

A.

Applicable standards. Various site design standards are established in article 6, Site Development Standards and article 7, Supplemental Use Standards of this ordinance. Consequently, many development sites do not meet current requirements for such items as parking lot standards, landscaping, exterior lighting, storm water requirements and other design specifications. This subsection requires that such nonconforming sites be brought into conformance with all applicable development standards prescribed by this ordinance.

B.

Authority to continue. Any legal nonconforming site may be continued so long as it remains otherwise lawful subject to this subsection.

C.

Extensions.

1.

In general. A nonconforming site on which there is a conforming use shall not be expanded or contracted unless the site is brought into conformance with the provisions of this ordinance.

2.

Single-family residential exception. A single-family residential structure that is located on a legally nonconforming site with respect to required yards, areas, or height may be structurally altered or enlarged, providing the portion of the structure that is altered or enlarged conforms with the provisions of this ordinance.

D.

Relocations. No structure shall be relocated within a nonconforming site until the site is brought into conformance with the provisions of this ordinance.

E.

Change in use. A nonconforming site shall be allowed to be occupied by another use allowed by right in the district so long as no exterior structural modifications are to occur. In the event the new occupant desire to provide exterior structural modifications, the site shall be brought into compliance with all applicable site and use standards, a nonconforming site variance has been approved by the zoning board of appeals.

Nonconforming structures may be continued, repaired, replaced, enlarged or expanding in accordance with the following provisions:

A.

Continuance of nonconforming structures. Subject to all limitations in this subsection, and the provisions of section 5.23.2.E, exception for repairs pursuant to public order of this article, any nonconforming structure may be occupied, operated, and maintained in a state of good repair, but no nonconforming structure shall be enlarged or extended unless in accordance with section 5.23.5.D.

B.

Repair and maintenance of nonconforming structures. Nothing in this ordinance shall prevent the repair, reinforcement, improvement or rehabilitation of any nonconforming structure, or any part thereof, which results from wear and tear, deterioration, fire, windstorm, snowstorm, rainstorm, flood or other casualty damage, nor shall it prevent compliance with the provisions of the State Construction Code Act, relative to the maintenance of buildings or structures. Such repair and maintenance shall not be so extensive as to constitute a replacement of the structure by replacing an exterior wall(s). For the purposes of this subsection, the determination of whether proposed repairs and maintenance constitute replacement shall be made by the building official. The determination of the building official shall be appealable to the zoning board of appeals.

C.

Replacement of damaged nonconforming structures. Nothing in this ordinance shall prevent the replacement of any nonconforming building or structure damaged or destroyed by fire, windstorm, snowstorm, rainstorm, flood or other casualty damage beyond the control of the owner, provided such replacement utilizes the original structure footprint and does not increase the original usable floor area or volume of such structure. Such replacement shall commence within twelve (12) months of the damage or destruction.

D.

Enlargement or expansion. A nonconforming structure in which only permitted uses are operated may be enlarged or expanded provided that the area of nonconformance is not increased and provided further that compliance with all of the provisions of this ordinance established for structures in the district in which the nonconforming structure is located. Such enlargement shall also be subject to all other applicable city ordinances.

(Ord. of 7-11-2023(3))

A.

Any nonconforming lot of record may be used for any purpose authorized by the district in which it is located. This provision shall apply even though such lot fails to meet the requirements for area or width applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Any required variances may be requested pursuant to the procedures and standards of this ordinance.

B.

If two (2) or more contiguous lots, parcels, or portions of lots or parcels are under the same ownership and do not individually meet the lot width, depth, and/or area requirements of this ordinance, then those contiguous lots, parcels, or portions of lots or parcels shall be considered an undivided lot or parcel for the purposes of this ordinance, and no portion of such undivided lot or parcel shall be used or divided in a manner that diminishes compliance with the lot width, depth, and/or area requirements established by this ordinance or which creates a nonconforming structure.