The standards herein are generally applicable to all uses regardless of zoning district.

(Ord. of 11-6-2017, § 6.1)

(a)

In any zoning district, an accessory building or structure may be erected detached from the permitted principal building or as an integral part of the permitted principal building. When erected as an integral part of the permitted principal building, it shall comply, in all respects, with the requirements of this article applicable to the permitted principal building.

(b)

Detached accessory buildings or structures shall not be located closer than five feet to the rear or side lot line. They shall not be located closer to the front lot line than the principal building is permitted.

(c)

The distance between a detached accessory building and any principal building shall not be less than ten feet. Accessory buildings shall be considered as attached to a principal building when the distance between the two buildings is solidly covered by a breezeway, portico, covered colonnade, or similar architectural devise.

(d)

Detached accessory buildings in residential and commercial districts shall not exceed 25 feet in height.

(e)

An accessory building greater than 200 square feet shall require a land use permit.

(Ord. of 11-6-2017, § 6.1.1)

All home occupations shall meet all of the following conditions:

(1)

The home occupation must be operated, in its entirety, within the principal dwelling or accessory building located upon the premises.

(2)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants.

(3)

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one non-illuminated sign, not greater than four square feet in area, mounted flat against the wall of the principal building.

(4)

No radios, televisions, computers, or other equipment or process that creates noise, vibration, glare, fume, odors, or electrical interference detectable to the normal senses off the premises shall be used in such home occupation.

(Ord. of 11-6-2017, § 6.1.2)

The erection, construction, alteration, or maintenance by public utilities or governmental units, boards or commissions of overhead or underground gas, electrical, steam or water distribution, transmission, collection, communication or supply systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, electrical substations, gas regulator stations, utility power and metering stations and other similar equipment and accessories in connection there with that are reasonably necessary for the furnishing of adequate service by such public utility or municipal department or commission for the public health, safety, or general welfare is permitted in any zoning district.

(Ord. of 11-6-2017, § 6.1.3)

In all R-1, R-2, and R-3 districts, no more than one principal single-family or two-family dwelling shall be placed on a lot.

(Ord. of 11-6-2017, § 6.1.4)

Swimming pools may be installed in any district as an accessory use to any principal permitted use if the following conditions are met:

(1)

There shall be erected and maintained a good quality fence not less than four feet in height, with posts embedded in concrete at intervals of not more than eight feet, enclosing the entire portion of the premises upon which such pools shall be installed or entirely surrounding an area in which such pool is located.

(2)

Pools may be installed only in the side and rear yards of lots in residential districts.

(3)

Pools shall not be erected closer than ten feet from the rear and side property lines of the lot.

(4)

Pools may be installed in the front or the rear yard of lots occupied by motels or hotels.

(Ord. of 11-6-2017, § 6.1.5)

Temporary accessory structures for uses incidental to construction work may be authorized by permit from the code enforcement officer after issuance of a building permit for the proposed structure. The temporary permit shall specify the location of the temporary accessory structure and shall terminate 12 months after the date of its issuance. The code enforcement officer may renew the permit for one additional 12-month period if construction of the principal structure has been progressing in a reasonable manner.

(Ord. of 11-6-2017, § 6.1.6)

The standards herein are intended to be applied to site plans for a specific zoning district.

(Ord. of 11-6-2017, § 6.2)

(a)

Intent. The intent of this section is to regulate commercial and noncommercial outdoor signs in a manner which:

(1)

Recognizes the communication needs of both businesses and other parties;

(2)

Protects property values and neighborhood character;

(3)

Creates a more attractive business climate; promotes pedestrian and traffic safety by reducing sign distractions, obstructions and other hazards; and

(4)

Promotes pleasing community environmental aesthetics.

(b)

Compliance. Compliance with this section does not relieve the applicant of the responsibility for compliance with other local, state or federal sign regulations, nor does the issuance of a zoning permit grant permission to the applicant to place signs on any property including road rights-of-way other than property owned or otherwise legally under the control of the applicant. The issuance of a zoning permit only assures the applicant that the sign meets the requirements of this section.

(c)

Permit required. Except as otherwise provided in this section, no sign may be constructed, erected, moved, enlarged, illuminated or substantially altered unless a zoning permit has been issued in accordance with the provisions of this article. Mere repainting or changing the message of a sign shall not in and of itself be considered a substantial alteration.

(d)

Signs excluded from permit. The following signs are permitted without a zoning permit but shall conform to the requirements set forth herein as well as all other applicable requirements of this article:

(1)

One sign not exceeding six square feet in sign face area.

(2)

Signs erected by or on behalf of or pursuant to the authorization of a governmental body or public utility company.

(3)

Temporary signs for events or activities, not to exceed 24 square feet, may be displayed for seven days before and after an event.

(4)

Street name signs located in accordance with state department of transportation standards at street intersections, not to exceed one square foot in sign face.

(e)

Required conditions for all signs. The following conditions shall apply to all signs erected or located in any district:

(1)

All signs shall conform to all applicable codes and ordinances of the city and, where required, shall be approved by the code enforcement officer and a permit issued.

(2)

Illumination of signs shall be directed or shaded downward, such that no direct ray from such illumination shall interfere with the vision of persons on the adjacent streets or of adjacent property owners and should conform with the Dark Sky Preserve laws, MCL 324.75101 et seq.

(3)

No sign, except those established and maintained by the city, county, state, or federal governments, shall be located in, projected into, or overhanging in a public right-of-way or dedicated public easement.

(4)

No sign otherwise permitted shall project above or beyond the maximum height limitation of the district in which it is located except that for a planned commercial or shopping center development involving five acres or more under one ownership, the board of appeals may modify the height limitation. The board shall, however, respect all yards and setbacks in modifying any height requirements.

(5)

All directional signs required for the purpose or orientation, when established by the city, county, state or federal government, shall be permitted in all districts.

(6)

Accessory signs shall be permitted in any district.

(7)

Non-accessory signs shall be permitted only in I-1 and I-2 districts or on vacant land in other zoning districts.

(8)

Signs located on the land or building intended to be rented, leased, or sold are permitted.

(9)

Freestanding accessory signs may be located in the required front yard except as otherwise provided herein.

(f)

District regulations for signs. The following requirements shall apply to signs in the various districts as follows:

Sign Requirements Per District

(Ord. of 11-6-2017, § 6.2.1)

The following conditions shall apply to all canopies and awnings located in the city:

(1)

Canopies and awnings made of cloth, plastic or similar material shall be maintained in good condition and not show evidence of excessive weathering, discoloration, ripping, tearing or holes. If any canopy or awning is not properly maintained, or constitutes a nuisance or safety hazard, it shall be removed or repaired upon written notification from the zoning administrator.

(2)

All canopies and awnings must have a clearance of not less than 7.5 feet over any public right-of-way at its lowest point. There shall be no vertical supports in contact with a public right-of-way. Canopies and awnings may extend no more than nine feet over a public right-of-way but in all cases must remain at least four feet back from the curb.

(3)

All non-residential canopies and awnings shall be subject to the provisions of article VIII of this chapter.

(4)

All retractable awnings shall have a mechanism for raising and securing the closed awning tightly against the face of the building.

(5)

Signage is allowed within the material of an awning or canopy.

(Ord. of 11-6-2017, § 6.2.2)

Fences and walls shall be permitted, subject to the following conditions:

(1)

Fences in all districts.

a.

All fences and walls shall be constructed of durable, weather-resistant, rustproof and easily maintained materials.

b.

All fences shall be erected with all fence posts and supports on the interior side.

c.

Under no circumstances shall a fence be constructed of materials, such as, but not limited to, pallets, tree trunks, trash, tires, junk, or other similar items.

d.

Fences may be located on the property line but may not extend into the right-of-way.

e.

Fence heights shall be measured from the surface of the ground immediately below the location of the fence.

f.

All fences shall be such design and location that they do not obstruct the vision of motorists on adjacent roads or the vision of pedestrians or motorists leaving the premises.

g.

Retaining walls are exempt from these fence and wall provisions.

(2)

Fences in residential districts.

a.

Fences not greater than six feet in height are permitted in side or rear yards and shall not extend beyond the front of the principal structure or the required building setback, whichever is furthest from the road right-of-way.

b.

Fences not more than four feet in height are permitted in the front yard if they are not more than 25 percent solid.

c.

Fences not more than three feet in height are permitted in the front yard if they are more than 25 percent solid.

d.

Fences shall not contain barbed wire, razor wire, spikes, or electric current.

(3)

Fences in commercial and industrial districts. A chain-link, protective fence not in excess of six feet in height is permitted in all yards. Any fence that exceeds that height must be permitted by the county or state building department.

(Ord. of 11-6-2017, § 6.2.3)

(a)

Fences, walls, and planted material. A fence, wall, or planted material, as approved by the planning commission, shall be provided along all side and rear yards abutting a property line in any residential district.

(b)

Uses and outdoor storage. All uses and outdoor storage shall be conducted within a completely enclosed building or within an area enclosed on all sides by a fence or wall at least six feet in height. No uses or outdoor storage shall be located in the required front yard setback.

(c)

Outdoor lighting. All outdoor lighting shall be shielded to reduce glare and shall be arranged to reflect light away from all adjacent residential districts and dwellings.

(d)

Ingress and egress areas. The centerline of all ingress and egress areas (curb cuts) shall be at least 100 feet from the right-of-way of any intersecting street.

(e)

Performance standards. It shall be unlawful to carry on or permit to be carried on any activity or operation or use of any land, building, or equipment dangerous to human life or health or that produces irritants to the sensory perception greater than the measures herein established that are determined to be the maximum permissible hazards to humans or human activities.

(1)

Sound. The intensity levels of sound created by any activity or operation or use of any land, building, or equipment shall be governed by the applicable city noise control regulations.

(2)

Vibration. All machinery shall be mounted and operated as to prevent transmission of ground vibration exceeding a displacement of 0.003 root-mean-square of one-inch root-mean-square measured at any lot line of its source.

(3)

Odor. The emission of noxious, odorous matter in such quantities as to be readily detectable at any point along lot lines, when diluted in the ratio of one volume of odorous air to four or more volumes of clean air or as to produce a public nuisance or hazard beyond lot lines, is prohibited.

(4)

Toxic gases. The escape of or emission of any gas that is injurious or destructive or explosive shall be unlawful and may be summarily caused to be abated except as required in the provisions of essential services.

(5)

Glare and heat. 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.

(6)

Light. All lighting shall be arranged to reflect light away from adjoining properties in residential districts. There shall be no direct or sky-reflected glare exceeding 1½ footcandles or that would be damaging to the human eye, measured at the property line of the lot occupied by such use (except that the regulation provided by this sentence shall not apply to lights used at the entrance or exit or service drives leading to a parking lot).

(7)

Electromagnetic radiation. The rules and regulations of the Federal Communications Commission as of the date of the adoption of the ordinance from which this article is derived, with respect to the propagation and dissemination of electromagnetic radiation, are made a part of this article and shall be on file in the office of the ordinance enforcement officer.

(8)

Drifted and blown material. The drifting or airborne transmission beyond the lot line of dust, particles or debris from any open stockpile shall be unlawful and may be summarily caused to be abated.

(9)

Radioactive materials. Radioactive materials shall not be emitted so as to be unsafe to human health or life.

(Ord. of 11-6-2017, § 6.2.4)

(a)

All uses with the required screening shall be screened by walls, fences, vegetation and berming or a combination of any of these as approved by the planning commission.

(b)

Fences and walls used for screening purposes shall meet the following conditions:

(1)

Fences and walls shall have no openings for vehicular traffic or other purposes except as otherwise provided in this article and except such openings as may be approved by the planning commission.

(2)

Fences and walls may not be constructed with openings that exceed 20 percent of the surface. The openings shall not reduce the obscuring effect and shall not reduce the minimum height requirement.

(3)

The height of the required fence or wall shall be as follows (note: the county or state building department must approve fences over six feet):

Required Height of Fence or Wall

(c)

Vegetation used for screening purposes shall meet the following conditions:

(1)

Vegetation shall be comprised of one or more of the following upright conifers: blue, green, white or Serbian spruce, Douglas fir, Austrian pine, juniper, hemlock or cedar.

(2)

Trees shall be planted 15 feet apart as measured from the center.

(3)

Trees shall not be less than five feet in height at the time of planting.

(4)

Existing plant material that complies with the standards of this section, as determined by the planning commission, shall be credited toward meeting the screening requirements.

(5)

All required plants shall be maintained in a healthy, growing condition. Any required plants that are destroyed, removed, diseased, or die, shall be replaced within six months with plants that meet the requirements of this section. Failure to maintain required plants in such a manner, including the removal and replacement of dead or diseased plant materials, shall constitute a violation of this section.

(6)

The plantings shall be maintained in a neat and attractive manner commensurate with the adjoining areas and shall maintain their density and screening effect throughout the calendar year.

(d)

Berming used for screening purposes shall meet the following conditions:

(1)

Berms shall be at least four feet, six inches in height, constructed with one foot of rise for each three feet of horizontal rise.

(2)

Berms shall be seeded with perennial rye and an appropriate grass seed and shall be covered with an organic mulch.

(3)

Berms shall be landscaped with shrubbery and trees to enhance the screening effect and aesthetic appearance of the berm and shall be maintained in a neat and attractive manner.

(Ord. of 11-6-2017, § 6.2.5)

In all zoning districts, off-street parking and loading facilities for the parking of vehicles for the use of occupants, employees and patrons of the buildings hereafter erected, altered or extended after the effective date of the ordinance from which this article is derived shall be provided as prescribed in this section.

(1)

Schedule of parking requirements.

a.

The code enforcement officer shall determine the minimum number of spaces required for accessory off-street parking by applying the schedule of parking requirements and any other applicable provisions of this article. Where the computation results in a fractional space, it shall be counted as one additional space required.

b.

The planning commission may vary the parking requirements of this section where it finds that, due to the nature of the particular use, said requirements will result in an excess amount of parking related to the particular use.

c.

Provision of common parking areas for several uses in the same vicinity is encouraged. In such cases, the total space requirements are the sum of the maximum individual requirements. In cases where the hours of operation are significantly different between two or more uses, a reduction in the total space requirements may be permitted by the planning commission.

d.

In the instance of dual function of off-street parking spaces where the off-street parking is located on the same lot or an off-street parking lot connected by a common drive, the property owners at their discretion may utilize the shared parking standards defined in subsection (3) of this section.

e.

The following table provides the specific off-street parking space requirements for each common land use. In cases of uses not specifically mentioned, the requirements of off-street parking spaces shall be in accord with the use which the zoning administrator and/or planning commission considers is similar in type. Parking standard publications from the American Planning Association may be consulted in making a determination. The term "GFA" refers to gross floor area.

Off-Street Parking Space Requirements

(2)

Size of parking space. Each off-street parking space shall have the following minimum requirements:

Off-Street Parking Space Size Requirements

(3)

Shared parking. Shared parking, or effective parking, is allowed based on the following calculation which is based on the general type of land use or function of the property. The shared parking factor for two land use functions, when divided into the sum of the two amounts as listed on the required parking table below produces the effective parking needed. For example, residential parking is calculated at 12 spaces and retail parking is calculated at 32. Summed they equal 44. Using the shared parking table this amount is divided by 1.2 to derive an effective parking amount of 36.6 or 37 parking spaces.

Shared Parking Table

(4)

Reduction of off-street automobile parking.

a.

Establishments not located along a designated public pathway. For each one bicycle parking space the automobile parking can be reduced by one parking space.

b.

Establishments located on a designated public pathway. For each one bicycle parking space the automobile parking can be reduced by two parking spaces.

c.

Establishments that connect to a designated public pathway. For each one bicycle parking space the automobile parking can be reduced by two parking spaces.

(5)

Requirements of parking areas. Every parking area containing six or more spaces shall require site plan review in accordance with article VIII of this chapter and shall be developed and maintained in accordance with the following requirements:

a.

Designed to provide adequate drainage.

b.

Surfaced with concrete or asphalt pavement. Parking areas for outdoor recreational uses may be graveled.

c.

Maintained in good condition and free of dust, trash and debris.

d.

The parking area shall be provided with entrances and exits so located as to minimize traffic congestion.

e.

Lighting facilities shall reflect the light away from adjoining properties.

f.

No part of any parking area shall be closer than ten feet to the street right-of-way or closer than five feet to a lot line in any residential district.

g.

All spaces shall be provided adequate access by means of maneuvering lanes. Backing directly onto a street shall be prohibited except in the case of one-family dwellings.

h.

Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for all vehicles.

i.

Ingress and egress to a parking lot lying in an area zoned for other than single-family residential use shall not be across land zoned for single-family residential use.

j.

All maneuvering lane widths shall permit one-way traffic movement, except that the 90-degree pattern may permit two-way movement.

k.

Each entrance and exit to and from any off-street parking lot located in an area zoned for other than single-family residential use shall be at least 25 feet from adjacent property located in any single-family residential district.

(6)

Off-street loading spaces.

a.

The location of off-street loading spaces shall not have a disruptive effect on the safe and efficient flow of pedestrian and vehicular traffic within the site.

b.

The location of off-street loading spaces shall be aesthetically and effectively screened from view from adjoining properties and from any street in a manner acceptable to the city.

c.

To aid in its review, the city may require submittal of exterior building wall elevation drawings with respect to the location of loading and unloading area, trash receptacles, the corresponding elevations of adjoining property and streets and the means by which these facilities will be effectively screened from view.

d.

The area required for loading and unloading shall be physically separated from the off-street parking requirements of this section and shall be laid out so that when in use, the loading and unloading area will not disrupt or diminish access to any off-street parking spaces or their corresponding vehicle maneuvering lanes or service drives.

e.

For every building or addition to an existing building requiring the receipt or distribution in vehicles or materials or merchandise, an area adequate for maneuvering and ingress and egress for delivery vehicles and off-street loading spaces as follows shall be provided and maintained on the same lot:

1.

From zero to 1,400 square feet of floor area: none.

2.

From 1,401 to 20,000 square feet of gross floor area: one space.

3.

From 20,001 to 50,000 square feet of gross floor area: two spaces.

4.

One additional space for each additional 50,000 square feet of gross floor area or fraction thereof.

f.

Each such loading space shall be at least ten feet in width, 35 feet in length, and 14 feet in vertical height. No such space shall be located within the front setback area or closer than 25 feet to a lot line in any residential district.

(Ord. of 11-6-2017, § 6.2.6)

(a)

All new developments shall include sidewalks serving the site and along the public right-of-way. All public sidewalks and pathways shall:

(1)

Comply with standards set forth in the Americans with Disabilities Act of 1990 (ADA), 42 USC 12101 et seq., as amended;

(2)

Be no less than four feet wide;

(3)

Create a complete linked network of walkways connecting all uses with parks and other areas.

(b)

In residential areas, sidewalks shall be separated from streets by planting strips a minimum of eight feet wide, planted with shade trees.

(Ord. of 11-6-2017, § 6.2.7)