Ingress and egress to a parking lot, loading area, or to a use other than residential, shall not be permitted across or upon land zoned as residential. This provision shall not apply if the planning commission finds that there are special circumstances which indicate that there will be a substantial improvement in traffic safety by reducing the number of driveways to a thoroughfare (also see section 32-50).

(Ord. No. 279, § 3.00, 12-12-96)

In multiple-family, commercial or industrial districts, accessory buildings may occupy any of the ground area which the principal building is permitted to cover; provided, however, accessory buildings, such as buildings for parking attendants, guard shelters, gate houses and transformer buildings, may be located in the front or side yard in an IC district. In addition, the following shall apply to the multiple-family and commercial zoning districts:

(1)

Accessory buildings shall be at least ten (10) feet from the principal building and construction shall be governed by section 32-37.

(2)

When an accessory building is intended for other than the storage of accessory motor vehicles, the proposed accessory use shall be verified by the planning commission as truly accessory to the principal permitted use.

(Ord. No. 279, § 3.01, 12-12-96)

No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that non-vicious dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purposes.

(Ord. No. 279, § 3.02, 12-12-96)

All territory which may hereafter be annexed to the city shall be considered to be in the RL district until otherwise classified.

(Ord. No. 279, § 3.03, 12-12-96)

No proposed plat of a new or redesigned subdivision shall hereafter be approved except as otherwise authorized by the city's subdivision regulations, unless all lots comprising such plat equal or exceed the minimum size and width requirements set forth in the various districts of this chapter and meet the minimum requirements of this chapter and the city's subdivision regulations and Subdivision Control Act of the State of Michigan, as amended.

(Ord. No. 279, § 3.04, 12-12-96)

Subject to approval of the city council, reviewed and recommended by the planning commission, a subdivider or developer may vary lot sizes and lot widths, provided the average minimum size and width per dwelling unit meet the requirement in the particular district. For the purposes of lot averaging, the following conditions shall be met:

(1)

In meeting the average minimum lot size, the subdivision shall be so designed as not to create individual lots having an area or width more than ten (10) percent below that area or width required in the particular district and shall not create an attendant increase in the number of lots.

(2)

If a developer plats a subdivision using average minimum lot size, the plat containing such lots must be approved for the entire subdivision. Recording of portion of the plat shall not be permitted.

(3)

All computations showing lot area and the average resulting through this technique shall be indicated on all preliminary plat drawings.

(Ord. No. 279, § 3.05, 12-12-96)

All building elevations facing onto a street, including buildings located on a corner lot and having frontage on a side street, except single-family residences and two-family residences, shall have exterior surface consisting of face brick or other similar decorative building material as approved by the planning commission. All buildings, except single-family residences and industrial buildings in the IR and IC districts, shall also be governed by the following:

(1)

Any building with a brick facade shall not be painted or covered with another material that has not been approved collectively by the city planner and building official.

(2)

All plans for the reconstruction, remodeling, alteration, painting/repainting, or any other changes in the exterior or appearance of any such building or structure front or fronts, including awnings and canopies, shall require planning commission approval when referred by the building official.

(Ord. No. 279, § 3.06, 12-12-96)

When a new building is constructed on a vacant lot between two (2) existing buildings or adjacent to an existing building, the existing established grade shall be used in determining the grade around the new building, and the yard around the new building shall be graded in such a manner as to meet existing grades and not to permit run-off of surface water to flow onto the adjacent property. If necessary, drain systems will be installed to provide water run-off solutions from new buildings onto existing areas at the new building owner's expense. Final grades shall be approved by the building official. Where final grades are two (2) feet or more above the grade of the fronting road, or when the building official deems necessary, a "certificate of grading and location of building" shall be duly completed and certified by a registered engineer or land surveyor before final grades are approved.

(Ord. No. 279, § 3.07, 12-12-96)

Any building or structure which has been wholly or partially erected on any premises, located either within or outside of this city, shall not be moved to and placed upon any other premises in this city until a permit for such a move shall have been secured under Article XV of this chapter. Any such building or structure shall fully conform to all the provisions of this chapter in the same manner as a new building or structure. See Chapter 6, Article VIII of the Fraser Code of Ordinances.

(Ord. No. 279, § 3.08, 12-12-96)

No fence, wall, shrubbery, sign or other obstruction to vision above a height of two (2) feet from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between such right-of-way lines at a distance along each line of twenty-five (25) feet from their point of intersection, except landscape treatments may be permitted as provided in the city fence chapter (section 9-5.5 of this Code) and otherwise in the sign regulation (section 32-85).

(Ord. No. 279, § 3.09, 12-12-96)

No dwelling shall be erected in any commercial, industrial or other non-residential districts. However, the sleeping quarters of a watchman or a caretaker, not constructed as permanent sleeping or housekeeping facilities, may be permitted in such districts in conformance with the specific requirements of the particular district.

(Ord. No. 279, § 3.10, 12-12-96)

All improvements required in this chapter shall comply with the design and construction standards of the city engineering code.

(Ord. No. 279, § 3.11, 12-12-96)

The construction, maintenance or existence within the city of any unprotected, unbarricaded, open or dangerous excavations, holes, pits or wells, which constitute or are reasonably likely to constitute a danger or menace to the public health, safety or welfare, are hereby prohibited; provided, however, this section shall not prevent any excavation under a permit issued, pursuant to this chapter, where such excavations are properly protected and warning signs posted in such manner as may be approved by the building official, and, provided further, that this section shall not apply to drains created or existing by authority of the state, county, city or other governmental agency. Also see Chapter 6, Article II and Chapter 25, Article II of this Code.

(Ord. No. 279, § 3.12, 12-12-96)

(a)

Planning commission approval with site plan. All fences erected in multiple-family, commercial, industrial, and any other non-residential zoning district shall require approval by the planning commission as part of site plan review, when site plan approval is otherwise required per section 32-103.

(b)

Administrative approval without site plan. All fences erected in multiple-family, commercial, industrial, and any other non-residential zoning districts shall require administrative approval and the issuance of a zoning permit under sections 32-242 and 32-243 when site plan approval is not otherwise required under section 32-103.

(c)

Location. Such fences shall not be located in the required front yard or enclose any required parking area.

(d)

Design and prohibited materials.

(1)

All fences hereafter erected shall be of an ornamental nature.

(2)

Barbed wire, razor wire, spikes, nails, or any other sharp point or similar instrument of any kind on top or on the sides of any fence, and electric current or charge in such fences are prohibited.

(Ord. No. 279, § 3.13, 12-12-96; Ord. No. 388, § 1, 10-11-18)

Cross reference— Fences, Ch. 9.

Every dwelling or principal building shall be located on a lot which fronts upon an improved public or an existing private street, road or highway. Modification of this requirement may be permitted by the zoning board of appeals in cases where unusual land or geographic conditions exist.

(Ord. No. 279, § 3.14, 12-12-96)

No person shall be allowed more than two (2) such sales within any twelve (12) month period. The sale or similar activity shall not be conducted for a period of more than nine (9) consecutive days. In no instance shall more than two (2) garage sales or similar activities be held in any one location within any twelve (12) month period. All such sales or similar activity shall not be conducted within ten (10) feet from the front lot line of the premises. Overnight outside storage of goods or merchandise offered at said garage sale or similar activity is hereby prohibited. No signs advertising a garage sale or similar activity shall be placed upon public property or within the public right-of-way. One (1) on-site sign identifying the garage sale may be placed on the premises, no larger than six (6) square feet. Two (2) non-accessory signs advertising a garage sale are permitted to be placed upon private property with the consent of an owner of said property and shall be removed within twenty-four (24) hours of the conclusion of said garage sale or similar activity.

(Ord. No. 279, § 3.15, 12-12-96)

No improvements, structures or building, other than a fence, walk or parking lot, may be erected in a public easement.

(Ord. No. 279, § 3.16, 12-12-96)

No portion of any lot or parcel used in compliance with the various provisions of this chapter may again be used in determining site compliance with the provisions of this chapter for any proposed additional concurrent use of such lot or parcel or portion thereof.

(Ord. No. 279, § 3.17, 12-12-96)

The measurement for determining front, rear and side setback requirements shall be made from the exterior wall of the principal building to the nearest applicable site line.

(Ord. No. 279, § 3.18, 12-12-96)

Nonresidential driveways, entrances and exits shall be subject to approval by the applicable agency and by the planning commission after considering the effects on surrounding property, pedestrian and vehicular traffic and the movement of emergency vehicles (also see section 32-31).

(Ord. No. 279, § 3.19, 12-12-96)

No person or business shall use any sidewalk or that space between the sidewalk and curb, or any planted strips or open space, or any parking area, or any area of a road right-of-way for displaying for sale, or for any other purpose, any goods or any other articles; or leave any goods, boxes, trucks, barrels, trunks or any other article or thing in or on such areas for a longer time than is necessary for the removal thereof from the transporting vehicle into the place of business or residence or the transportation vehicle to which the sale item is intended to be moved. Commercial sidewalk sales may be permitted for defined time periods as provided in section 32-250 (temporary uses).

(Ord. No. 279, § 3.20, 12-12-96)

When permitted in a particular zoning district, an outdoor storage use shall be enclosed by an approved masonry wall or obscuring metal fence, as approved by the planning commission. The extent of such a wall or fence shall be determined by the planning commission on the basis of usage. (Stored material may not extend above the height of the required wall or fence.) Such wall or fence shall not be less than four (4) feet, six (6) inches in height and may, depending upon land usage, be required to be up to eight (8) feet in height, and shall be subject further to the requirements of section 32-82. A chain-link fence or a landscaped earth mound (berm), both with dense evergreen shrub planting, may be permitted by the planning commission. The planning commission may require vertical decorative or redwood pickets or equal be installed in the fence where, in its judgment, it will better serve to obscure the open storage. Open storage areas shall be hard-surfaced with gravel or other suitable approved material and drained to meet city engineering requirements. If open storage is to park wheeled vehicles, then it shall be paved to parking lot standards or provided with a surface acceptable to the planning commission based on use.

Open air business and uses with permitted outdoor space for display and sales shall not be allowed until approved by the planning commission. Such uses shall be paved and constructed to the same standards of construction as a parking lot, or provided with a suitable surface acceptable to the planning commission.

(Ord. No. 279, § 3.21, 12-12-96)

No portable toilet shall be permitted in connection with any use of any site except as required by OSHA and or approved as a temporary use (see section 32-250).

(Ord. No. 279, § 3.22, 12-12-96)

See "Sign" section 32-85(2)a.4.

(Ord. No. 279, § 3.23, 12-12-96)

In no case shall a travel trailer, motor home, automobile chassis, tent or portable building be used as a dwelling. Mobile homes shall not be used as dwellings, excepting when located in a zoning districts permitting such use as set forth in this chapter. All travel trailers, motor homes and mobile homes parked or stored on lands not approved for such use as herein set forth shall not be connected to sanitary facilities and shall not be occupied as a dwelling.

In the case of mixed occupancy, where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purpose of this chapter and shall comply with the provisions thereof relative to dwellings.

(Ord. No. 279, § 3.24, 12-12-96)

(a)

There shall be not more than one (1) structure for each zoning lot, which shall be freestanding with a maximum floor area of two hundred sixty-four (264) square feet devoted to such use.

(b)

The structure shall be located in the rear yard in accordance with the standards applicable to accessory structures where a principal building or use already exists on the property. Where such facility is the only principal use upon the site, the facility shall meet the setback requirements applicable to principal structures.

(c)

On-sites already developed with a single-family residence, such a facility shall be permitted only if the lot exceeds one (1) acre.

(d)

The maximum height of the structure shall be twelve (12) feet.

(e)

Outdoor storage shall be prohibited.

(f)

No antenna or other exterior transmitting and receiving devices shall be permitted.

(g)

All driveways or maneuvering areas servicing the facility shall be hard-surfaced, installed and maintained by the public utility in accordance with all applicable city standards.

(h)

The parking of vehicles pertaining to such use shall be limited to the use of such vehicles in the performance of ongoing service work or repairs to the facility for the period of time necessary to complete such service or repairs.

(i)

The structure shall comply with section 32-37 and shall be maintained against deterioration and/or damage from the elements or from any other cause by prompt and appropriate repairs, painting, and other protective measures.

(j)

Site plan review shall be required as provided in Article VII.

(Ord. No. 279, § 3.25, 12-12-96)

No existing residential structure or building constructed for principal or accessory residential use shall be converted to any commercial or industrial use, except that such residential structures may be converted to business offices in an appropriate district only upon approval of a properly submitted site plan by the planning commission and by meeting all of the applicable codes and ordinances of the city.

(Ord. No. 279, § 3.26, 12-12-96)

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the building official, or required to comply with his lawful order, provided that the restoration is not contrary to section 32-207 of this chapter.

(Ord. No. 279, § 3.27, 12-12-96)

In all districts the width of side yards abutting upon a street shall not be less than ten (10) feet where there is a common rear yard. In the case of rear yard abutting a side yard of an adjacent lot, the side yard abutting a street shall not be less than the required front yard of that district, or the average front yard depth as permitted under provisions of this chapter.

(Ord. No. 279, § 3.28, 12-12-96)

Any and all basement dwellings and/or other temporary residential dwellings which have been erected and occupied are declared to be unlawful for residence purposes and shall be vacated or altered so as to immediately comply with the provisions of this chapter. The board of appeals may extend such period for not more than one (1) year upon written application by the occupant and proof of undue hardship.

(Ord. No. 279, § 3.29, 12-12-96)

A front yard shall be maintained on each street in accordance with the minimum front setback requirements established by the zoning district in which same is located, except where lots are platted with rear yards abutting major or secondary streets and as provided in section 32-59.

(Ord. No. 279, § 3.30, 12-12-96)

Except as provided elsewhere in this chapter, the erection, construction, alteration, maintenance, addition, reconstruction or replacement by public utilities of underground, surface or overhead distribution of gas, electricity, communications, steam or water transmission or distributing systems, collection, supply or disposal system, including poles, mains, drains, sewers, pipes, conduits, wires, cables, high voltage transmission lines, towers in connection with such lines, and other similar equipment and accessories in connection therewith shall require city council approval pursuant to Article VII, Section 29, of the 1963 Michigan Constitution, after review and recommendation by the planning commission based on the standards outlined in Article XII of this chapter and of Act 368 of the Public Acts of the State of Michigan 1925, as amended.

(Ord. No. 279, § 3.31, 12-12-96)

Whenever any street, alley or other public way within the city shall be vacated, such street, alley or other public way or portion thereof shall automatically be classified in the same zone district as the property to which it is attached.

(Ord. No. 279, § 3.32, 12-12-96)

A well system on any site for any proposed use shall be tested and approved in accordance with the requirements of the Macomb County Health Department prior to the issuance of any occupancy permit for such site and use and, if for human and domestic consumption, it shall be found satisfactory for domestic consumption.

(Ord. No. 279, § 3.33, 12-12-96)

The portion of a site in front of any dwelling or building shall be used only for ornamental landscaping, driveways and parking space, as provided in this chapter; such yards in front of one- and two-family dwellings shall limit parking to driveways, and the balance of such yard shall be landscaped.

(Ord. No. 279, § 3.34, 12-12-96)

Wherever zero yard setback is permitted in this chapter, the structure utilizing this provision shall build on the lot line or at least five (5) feet from the lot line so that desirable spaces relating to public safety will be achieved. Fire-rated construction is required wherever a nonresidential wall is constructed within ten (10) feet of the property line. No building shall be closer than five (5) feet to an adjacent existing building, unless no space is to be provided. Where any building is permitted to build on the lot line and such building does not immediately abut an existing structure for its full length, a ten (10) foot wide permanent maintenance easement, except in the IR and IC districts, shall be obtained from the adjacent property owner, a copy of which shall be submitted with the site plan.

(Ord. No. 279, § 3.35, 12-12-96)