Garden City City Zoning Code

GENERAL ZONING

REGULATIONS

§ 154.020 ADMINISTRATIVE REGULATIONS.

(A) Scope of regulations. No structure or tract of land shall hereafter be used or occupied, and no structure, or part thereof, shall be erected, altered, or moved, except in conformity with the provisions of this chapter. However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter, and construction is begun within six months of the effective date, the building or structure may be completed in accordance with the approved plans. The effective date shall be February 17, 1992. Furthermore, upon completion, the building may be occupied and a certificate of occupancy for the use for which the building was originally designated, subject thereafter to the provisions of §§ 154.050 through 154.054 concerning nonconformities. Any subsequent text or map amendments shall not affect previously issued valid permits.

(B) Minimum requirements. The provisions of this chapter shall be held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, morals, prosperity, and general welfare.

(C) Relationship to other ordinances or agreements. This chapter is not intended to abrogate or annul any ordinance, rule, regulation, permit, easement, covenant, or other private agreement previously adopted, issued, or entered into and not in conflict with the provisions of this chapter. However, where the regulations of this chapter are more restrictive or impose higher standards or requirements than other ordinances, rules, regulations, permits, easements, covenants, or other private agreements, the requirements of this chapter shall govern.

(D) Vested right. Nothing in this chapter should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification, or permissible activities therein. Furthermore, any rights as may exist through enforcement of this chapter are hereby declared to be subject to subsequent amendment, change or modification as may be necessary for the preservation or protection of public health, safety, and welfare.

(E) Conformity with yard and bulk regulations.

(1) The owner of a building or the property on which it is located shall maintain all required setbacks, open space, and other minimum yard and bulk requirements for as long as the building is in existence.

(2) No portion of a lot used in complying with the provisions of this chapter in connection with an existing or planned building, shall again be used to qualify or justify any other building or structure existing or intended to exist at the same time.

(F) Division and consolidation of land. No zoning lot shall hereafter be divided into two or more zoning lots, and no portion of any zoning lot shall be sold, unless all zoning lots resulting from each division or sale conform with all regulations of the zoning district in which the property is located.

(G) Unlawful buildings, structures, site designs and uses. A building, structure, or use which was not lawfully existing at the time of adoption of this chapter shall not be made lawful solely by adoption of this chapter. In case any building, or part thereof, is used, erected, occupied or altered contrary to the provisions of this chapter, the building or use shall be deemed an unlawful nuisance and may be required to be vacated, torn down or abated by any legal means, and shall not be used or occupied until it has been made to conform to the provisions of this chapter. Public expenditures toward abating any nuisance shall become a lien upon the land.

(H) Voting place. The provisions of this chapter shall not be construed to interfere with the temporary use of any property as a voting place in connection with a public election.

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.021 PERMITTED USES.

Only the following uses of land, buildings, or structures shall be allowed in the city.

(A) Uses lawfully established, on the effective date of this chapter, except that the previous Zoning Ordinance text and Zoning Map shall remain in effect for a period of 90 days following publication of the notice of adoption of the new Zoning Ordinance, for the sole purpose of processing site plan review, special use, and variance applications received by the city prior to the date and time of adoption of the new Zoning Ordinance text and Zoning Map.

(B) Uses for which a building permit had been issued in accordance with §§ 154.465 and 154.466.

(D) Conditional and special uses in the applicable zoning districts, subject conditions and requirements specified.

(E) Temporary uses subject to the requirements specified in § 154.025.

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.022 ACCESSORY BUILDINGS AND STRUCTURES.

(A) General requirements.

(1) Timing of construction. No accessory building, structure, or use shall be constructed or established on a parcel unless there is a principal building, structure, or use being constructed or already established on the same parcel of land.

(2) Site plan approval. If submission of a site plan for review and approval is required, then the site plan shall indicate the location of proposed accessory buildings, structures, or uses.

(3) Nuisances. Accessory uses such as household animal enclosures, dog runs, central air conditioning units, heat pumps, and other mechanical equipment that could produce noise, odors, or other nuisances shall not be located adjacent to an adjoining property owner's living or sleeping area where windows and/or doors would be exposed to the nuisance.

(4) Conformance with lot coverage standards. Accessory buildings and permanent structures which actually cover a portion of the lot shall be included in computations to determine compliance with maximum lot coverage standards, where applicable.

(5) Location in proximity to easements or rights-of-way. Accessory buildings, structures, or uses shall not be located within a dedicated easement or right-of-way, except as permitted in the regulations for essential services or as permitted within an executed easement agreement.

(6) Use of accessory structures. Attached and detached accessory buildings or structures in residential districts shall not be used as dwelling units (except for permitted accessory dwellings in compliance with § 154.157) or for any business, profession, trade or occupation (except for any home occupation in compliance with § 154.164). Any garage shall be used only for the storage of vehicles by the occupants of the residence to which it is accessory.

(7) Building code requirement. All accessory buildings and structures greater than 200 square feet in area shall comply with the Michigan Uniform Code in effect at the time of application.

(8) Materials. Compliance with the following standard shall be determined by the Zoning Administrator, the official or board holding final zoning approval authority.

(a) Permanent accessory buildings, including the walls and roof, shall be constructed of durable, all weather materials, including, but not limited to, wood, masonry, fiber cement, ridged plastic or metal. The use of plastic film, canvas or pliable vinyl for a permanent accessory building is prohibited.

(b) Attached permanent accessory buildings for residential uses shall utilize the same materials, color, and architectural style of the principal residential building.

(B) Attached accessory buildings. Accessory buildings or structures which are attached to the principal building (such as an attached garage, breezeway, deck, car port, lean-to, porte cochere, or workshop) shall be considered a part of the principal building. Any deck that provides entry into the principal building, whether physically attached to the principal building or a separate self-supporting structure, shall be considered attached to the principal building.Attached accessory buildings shall comply with all area, setback, height, and bulk requirements applicable to the principal building, unless otherwise specified in this section. The floor area of a garage attached to a principal residence shall not exceed 50% of the floor area of the residence or 720 square feet.

(1) Location. Detached accessory buildings shall not be located in a front yard or a required side yard; except that the following accessory uses may be permitted in the front or side yards of commercial or industrial districts, subject to the approval of the Planning Commission: buildings for parking attendants, guard shelters, gate houses, and transformer pads.

(2) Setbacks. Detached accessory buildings shall comply with the following setback requirements.

(a) Front yard setback. Accessory buildings shall comply with the front setback requirements for the district in which they are located. However, in no case shall an accessory building be located closer to the front lot line than the principal building.

(b) Side yard setback. The accessory building shall comply with the side yard setback for the district in which it is located, except that the minimum side yard setback for accessory buildings in single-family districts shall be three feet.

(c) Rear yard setback. Accessory buildings shall be located no closer than three feet to the rear lot line. Where the rear lot line is coterminous with an alley right-of-way line, the accessory building may be located within one foot of the rear lot line.

(d) Distance from other buildings. Detached accessory buildings shall be located at least ten feet from the principal building on the site or any principal building on an adjacent lot. The Zoning Board of Appeals may permit an accessory building to be located within five feet of the principal building, upon finding that there will be no threat to public health and safety, and that fire safety standards related to the fire ratings of walls, emergency access, and similar standards will be complied with.

(e) Setback on corner lots. Accessary buildings on a corner lot shall comply with the front setback requirements on any side that faces a street, if there is at least one house in the same block that fronts on the street. If there are no houses fronting on the street, then the corner house shall provide a minimum setback of three feet on the side street.

(3) Size and lot coverage. Detached accessory buildings may occupy up to 50% of the required rear yard. The total of all accessory buildings shall not exceed 1,200 square feet in area. Lots greater than 20,000 square feet in area that are occupied by a single family residential structure shall be permitted to have a maximum sum total area of all accessory structures not exceeding 2,000 square feet. Detached accessory buildings and structures shall be included in the calculation of lot coverage.

(4) Height.

(a) 1. Detached accessory buildings in residential districts shall not exceed 21 feet in height as measured from the ground level to the top of the ridge.

2. Sidewalls of accessory buildings in residential districts shall not exceed ten feet in height.

(b) Detached accessory buildings in nonresidential districts shall comply with the maximum height standards for the district in which they are located.

(5) Foundation. All enclosed detached accessory buildings 200 square feet or less in area shall be placed on one of the following foundations:

(a) A minimum four inch thick poured concrete slab in combination with a rat wall a minimum of four inches wide and 24 inches deep below grade.

(b) A two inch thick pressure treated wood floor material or a 5/4 flooring in combination with a rat wall a minimum of four inches wide and 24 inches deep below grade. The top of the rat wall shall be a minimum of four inches above grade if not using an integral concrete slab.

(D) Accessory structures.

(1) General requirements. Accessory structures (for example, swimming pools, tennis courts, antennas) shall be located in the rear yard and shall comply with height, setback, and lot coverage requirements for accessory buildings, unless otherwise permitted in this chapter.

(2) Solar panels. Freestanding solar panels shall be considered accessory structures and shall be located in the rear yard, subject to the setback requirements for accessory buildings.

(3) Added lot coverage for swimming pools and decks. Swimming pools and decks may cover the lot an added amount up to 40% of the lot.

(4) Shipping containers. Containers constructed for the shipment, storage and handling of materials, items or products, e.g. cargo containers or shipping containers, shall only be permitted in the M-1, Light Industrial District. A maximum of two containers may be permitted per lot and shall only be located in a rear yard that is screened on all sides in accordance with § 154.100. Shipping containers shall be prohibited in all other zoning districts.

(Ord. 92-005, passed 2-17-92; Am. Ord. 93-016, passed 7-6-93; Am. Ord. 94-003, passed 7-5-94; Am. Ord. 04-003, passed 4-4-04; Am. Ord. 19-011, passed 10-3-19; Am. Ord. 24-008, 8-26-24) Penalty, see § 154.999

§ 154.023 USE OF STRUCTURE AS DWELLING UNIT.

(A) Incompletely constructed structures. Any incompletely constructed structure which does not meet the requirements of the Building Code or this chapter shall not be issued a certificate of occupancy and shall not be used as a dwelling. For the purposes of this section, a basement which does not have a residential structure constructed above it shall be considered an incompletely constructed structure.

(B) Caretaker residence. No dwelling shall be erected in a commercial or industrial district, except for the living quarters of a watchman or caretaker and his/her immediate family. Any living quarters shall consist of a structure which is permanently affixed to the ground, constructed in accordance with the adopted Building Code, and provided with plumbing, heating, bathroom, and kitchen facilities. In no case shall the living quarters be used as a permanent single-family residence by anyone other than a watchman or caretaker and his/her immediate family.

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.024 RESIDENTIAL DESIGN STANDARDS.

(A) Compliance with design standards. All dwellings, including modular dwellings and manufactured homes dwellings, shall be erected or constructed only if in compliance with the following residential design standards. The Zoning Administrator shall have the authority to determine if the following requirements are being complied with.

(B) General requirements.

(1) Area and bulk regulations. All dwellings shall comply with the minimum floor area requirements specified for the zoning district where the structure is located.

(2) Foundation. All dwellings shall be placed on a permanent foundation to form a complete enclosure under the exterior walls. The foundation shall be constructed in accordance with the adopted Building Code of the city. A manufactured home shall be securely anchored to its foundation in order to prevent displacement during windstorms. The wheels, tongue and hitch assembly, and other towing appurtenances, shall be removed before attaching a manufactured home to its permanent foundation.

(3) Other regulations. Residential structures shall be constructed in compliance with applicable state, federal, or local laws or ordinances. Manufactured homes shall comply with the most recent regulations specified by the United States Department of Housing and Urban Development, Mobile Home Construction and Safety Standards, 24 CFR 3280, as amended and with the Mobile Home Commission Act, PA 96 of 1987, as amended.

(4) Use. All dwellings shall be used only for the purposes permitted in the zoning district in which they are located.

(5) Attachments. Any exterior attachments or extensions onto a dwelling unit, such as entry steps and storage buildings, shall comply with the adopted Building Code of the city.

(6) Utility connections. All dwellings shall be connected to the public sewer and water systems.

(7) Compatibility with other residences. New dwellings, shall be aesthetically compatible in design and appearance with other residences in the vicinity. To assess compatibility, the Zoning Administrator shall evaluate the dwelling's architectural design and character which shall include, but not be limited to, the position of windows, exterior wall colors and color combinations, type of materials, architectural design elements, architectural style, variety and percentage of materials, and other features of the new structure in relation to existing structures within 1,000 feet.

(8) Roof pitch. The pitch of the main roof shall have a minimum vertical rise of one foot for each four feet of horizontal run, and the minimum distance from the eaves to the ridge shall be ten feet, except where the specific housing design dictates otherwise (i.e., French provincial, Italianate, and the like). The roof shall be finished with a type of shingle or other material that is commonly used in standard on-site residential construction.

(9) Exterior materials. The exterior siding shall consist of materials that are generally acceptable for site-built housing in the vicinity, provided that the reflection from the exterior surface shall be no greater than from white semi-gloss exterior enamel and provided further that any exterior is comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction. A minimum of two different types of materials shall be used on all dwellings.

(10) Elevation widths. All single-family dwellings shall have a minimum width across front, side, and rear elevations of 24 feet and comply in all respects with the building code.

(11) Roof overhang. All dwellings shall be designed with a roof overhang of not less than six inches on all sides, with window sills and roof drainage systems to concentrate roof drainage at collection points along the sides of the dwelling.

(12) Exterior doors. All dwellings shall have not less than two exterior doors which shall not be located on the same side of the building.

(13) Storage area. All single-family, attached single-family and two-family dwellings shall contain a storage area in a basement located under the dwelling, in an attic area, in closet areas, or in a separately constructed building of equal or of better quality than the principal dwelling. The required storage area shall be equal to 10% of the square footage of the dwelling or 200 square feet, whichever shall be less.

(14) Garage. All single-family dwellings shall provide an attached or detached garage for the parking of two vehicles.

(15) Front porch. All single-family dwellings shall provide a porch on the front elevation. The front porch shall have a width equal to no less than 20% of the dwelling's front elevation and a depth of no less than five feet. The base, skirt or apron of all porches and stairs must be fully enclosed with a solid material. Lattice or balusters which are framed may be used only in combination with columns or piers.

(16) Landscaping. All dwellings shall provide a minimum of one tree in the front yard and one shrub for every six feet of front elevation width planted along the front foundation. All areas disturbed during construction on a single-family dwelling lot shall be fully graded and planted with grass, ground cover, shrubbery or other suitable live plant material extending to any abuting street pavement edge. Grass areas in the front yard of all single-family dwellings shall be planted with sod.

(17) Manufactured home dwelling regulations. Manufactured home dwellings shall only be located in a manufactured home park. The foregoing standards shall not apply to a manufactured home dwelling located in a licensed manufactured home park except to the extent allowed by state or federal law, or otherwise specifically required in the city Zoning Ordinance pertaining to such parks.

(Ord. 92-005, passed 2-17-92; Am. Ord. 21-004, passed 2-8-21) Penalty, see § 154.999

§ 154.025 TEMPORARY STRUCTURES AND USES.

Temporary buildings and structures shall comply with the following general requirements.

(A) Temporary structures used for residential purposes. A building or structure may be approved for temporary residential use only while damage to the principal dwelling due to fire, flood, ice, wind, or other natural disaster is being repaired. Any temporary building shall not be used as a residence without prior review and approval by the Public Safety and Building Officials, and subject to the following conditions.

(1) Permits may be issued by the Building Official for up to six months in duration, provided that the applicant provides a month-by-month schedule for the completion of the reconstruction. Permits may be renewed for another six-month period subject to the following conditions.

(a) The applicant must submit a progress report that demonstrates that reconstruction of the main dwelling is proceeding as expeditiously as possible.

(b) The applicant shall identify any conditions that may have delayed the progress of reconstruction of the main dwelling.

(2) The total duration of a temporary permit shall not exceed 12 months.

(3) Temporary structures shall comply with the setback standards for the district in which they are located.

(4) The Building Official shall approve electrical and utility connections to any temporary structure.

(5) An approved temporary structure may be moved onto a site 14 days prior to commencement of construction and shall be removed within 14 days following issuance of a certificate of occupancy for the permanent dwelling.

(6) The applicant shall furnish the city with a performance guarantee in the amount of $500 to assure removal of the temporary structure.

(B) Temporary structures used for nonresidential purposes. Temporary structures for nonresidential use, including semi-trucks/trailers and concrete batch plants, shall be permitted only when the intended use is by a contractor or builder in conjunction with a specific construction project, and only after review and approval by the Building Official. Such temporary structures shall be removed immediately upon completion of the construction project and prior to a request for a certificate of occupancy for the project.

(C) Permits. A permit shall be required prior to locating any temporary structure on a parcel. The permit shall specify a date for removal of the temporary structure, but the period of approval shall not exceed one year or the time limit specific in this section.

(D) Use as an accessory structure. A temporary building or structure shall not be used as an accessory building or structure, except as permitted herein.

(E) Special events and other temporary uses. The Zoning Administrator may grant temporary use of land and structures for special events and other temporary uses, as defined in § 154.005 of this chapter, subject to the following general conditions.

(1) Adequate off-street parking shall be provided.

(2) The applicant shall specify the exact duration of the temporary use.

(3) Electrical and utility connections shall be approved by the Building Official.

(4) The applicant shall furnish the city with a performance guarantee in the amount of $500 to assure removal of the temporary structure.

(F) Conditions and maximum durations which apply to specific temporary uses.

(1) Carnival, circus, or festival.

(a) Maximum duration. Ten days.

(b) Operator or sponsor. Nonprofit entity.

(c) Location. Shall not be located in or adjacent to any developed residential area except on church, school or park property.

(2) Christmas tree sales.

(a) Maximum duration. 45 days.

(b) Clean-up. Stumps, branches, other equipment, and debris shall be restored to its original grade and condition (holes filled, lights completely removed from site. Leftover trees shall be removed and property removed and general cleanup performed to the satisfaction of the city), within two weeks after Christmas.

(3) General sidewalk sales.

(a) Maximum duration. Seven days.

(b) Location. Commercial districts only.

(4) Seasonal outdoor sales and storage.

Maximum duration. 180 days.

(5) Other outdoor sales and storage (if not listed above).

Maximum duration. To be determined by the Planning and Zoning Administrator; not to exceed 180 days.

(G) Other temporary structures. Any temporary structure located on commercial or industrial zoned property shall be required to obtain a zoning permit prior to placement on a parcel in the city unless the temporary structure is included within the scope of work of a building permit.

(1) Collection boxes.

(a) Maximum duration. 180 days in a 12 month period; one collection box per property.

(b) Location. Commercial and industrial districts only. Any lot with a collection box shall be at least 2,000 feet from any other lot where a collection box is located. The separation distance shall be measured from the nearest point on the property line where a collection box is located to the nearest point on the property line of any other lot with a collection box.

(d) Additional requirements. Must be located on site so as not to interfere with vehicle and pedestrian traffic; area must be policed and kept clean with no pile up of goods.

(2) Construction waste dumpsters.

(a) Maximum duration. 30 days in a 12 month period, one dumpster only per property. A construction waste dumpster may exceed the 30 day period and shall be permitted for the duration of either an open building permit or a renovation project where the scope of work is approved by the building official.

(b) Location. Shall only be placed on a lot where the existing structure(s) are undergoing renovation or remodeling.

(c) Additional requirements. The waste dumpsters must be located in the driveway of the property at the furthest accessible point from the street. The dumpster must be located on a hard surface.

(3) Portable storage units.

(a) Maximum duration. 30 days per six-month period; one unit per property. A portable storage unit may be permitted for the duration of an open building permit for a renovation project.

(b) Additional requirements. A unit must be located in the driveway of the property at the furthest accessible point from the street. The unit must be located on a hard surface. The unit shall be prohibited to be utilized as a permanent accessory structure.

(4) Tent.

(a) Single family residential uses. On lots with single family residences tents may be used for private events and may be erected for a maximum of five days without a permit. No more than three private events shall be allowed per 12 month period. Any tent 200 square feet in area or less shall be exempt from this time restriction. Tents shall not be used for the permanent or temporary storage of any items or property.

1. Location. Tents shall only be permitted behind the front building line of the principal structure. Tents shall be located at least three feet from any side or rear property line.

(b) Multiple family residential and non-residential uses. No tents shall be erected on a lot except as an approved component of a special event permit.

(Ord. 92-005, passed 2-17-92; Am. Ord. 02-011, passed 8-5-02; Am. Ord. 10-014, passed 1-11-10; Am. Ord. 24-008, passed 8-26-24) Penalty, see § 154.999

§ 154.026 USES NOT NORMALLY PERMITTED.

A land use which is not cited by name as a permitted use in a zoning district may be permitted upon determination by the Zoning Administrator that the use is clearly similar in nature and compatible with the listed or existing uses in that district. In making such a determination, the Zoning Administrator shall consider the following.

(A) Determination of compatibility. In making the determination of compatibility, the Zoning Administrator shall consider specific characteristics of the use in question and compare those characteristics with those of the uses which are expressly permitted in the district. Those characteristics shall include, but are not limited to, traffic generation, types of service offered, types of goods produced, methods of operation, and building characteristics.

(B) Conditions by which use may be permitted. If the Zoning Administrator determines that the proposed use is compatible with permitted and existing uses in the district, the Zoning Administrator shall then decide whether the proposed use shall be permitted by right, as a special use, or as a permitted accessory use. The proposed use shall be subject to the review and approval requirements for the district in which it is located.

(C) Planning Commission determination. In the event that the Zoning Administrator is unable to decide if a use should be considered a permitted use in a particular zoning district, then the determination shall be made by the Planning Commission, which may elect to resolve the case by initiating an amendment to the Zoning Ordinance.

(D) Uses listed in another district. No use shall be permitted in a district under the terms of this section if the use is specifically listed as a use permitted by right or as a special use in any other district.

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.027 YARD AND BULK REGULATIONS.

All lots, buildings, and structures shall comply with the following general yard and bulk regulations, unless specifically stated otherwise in this chapter.

(A) Minimum lot size. Every building hereafter erected on a lot or parcel of land created subsequent to the effective date of this chapter shall comply with the lot size, lot coverage, and setback requirements for the district in which it is located. No yards in existence on the effective date of this chapter shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this chapter.

(B) Number of principal uses per lot. Only one principal building shall be placed on a lot of record or site in single-family residential districts.

(C) Projections into required yards. Fire escapes, fire towers, chimneys, platforms, balconies, boiler flues, and other projections shall be considered part of the building, subject to the setback requirements for the district in which the building is located. The following table identifies permitted projections in required yards.

Permitted Projections into Required Yards
Projection	All Yards	Rear Yard	Interior Side Yard	Corner Side Yard	Court- yard
Air conditioning equipment shelters		X	X	X	X
Access Drives	X
Arbors and trellises	X
Awnings and canopies	X
Bay windows	X
Decks, if not enclosed		X
Eaves, overhanging	X
Fences*	X
Flagpoles	X
Gardens	X
Gutters	X
Hedges	X
Laundry drying equipment		X	X
Light standards, ornamental	X
Parking, off-street*	X
Paved terraces and open porches*		X
Porches, unenclosed with or without roof*		X
Approved signs*	X
Stairways, open unroofed	X
Steps	X
TV or radio towers or antennas*		X	X	X
Trees, shrubs and flowers	X
Walls, (see fences)*	X

Legend.

* See additional regulations in this chapter.

X--permitted

Notes related to table.

(1) Architectural features. Bay windows, window sills, belt courses, cornices, eaves, overhanging eaves, and other architectural features may project into a required side yard not more than two inches for each one foot of width of the side yard, and may extend into any front or rear yard not more than 24 inches.

(2) Terraces and porches. Open paved terraces and open porches may project into a required rear yard up to ten feet, provided that the unoccupied portion of the rear yard has a depth of at least 25 feet.

(3) Access drives and walkways. Access drives may be placed in the required front or side yards so as to provide access to rear yards or accessory or attached structures. Further, any walk, terrace or other pavement serving a like function, shall be permitted in any required yard, providing the pavement is no higher than six inches above grade.

(4) Unenclosed porches, with or without roof. Unenclosed porches may project into the required 30-foot front yard set-back up to six feet, and shall maintain a minimum side yard setback of three feet. In cases where single-family houses maintain a front yard setback greater than 30 feet, one additional foot of projection shall be permitted per each foot of additional setback outside of the 30-foot requirement; not to exceed a total front porch projection of ten feet.

(D) Unobstructed sight distance.

(1) No fence, wall, structure, or planting shall be erected, established, or maintained on any lot which will obstruct the view of drivers in vehicles approaching an intersection of two roads or the intersection of a road and a driveway (see Appendix B, Illustration 9, Unobstructed Sight Distance). Fences, walls, structures, or plantings located in the triangular area described below shall not be permitted to obstruct cross-visibility between a height of 30 inches and six feet above the lowest point of the intersecting road(s).

(2) Trees shall be permitted in the triangular area provided that limbs and foliage are trimmed so that they do not extend into the cross-visibility area or otherwise create a traffic hazard. Landscaping, except required grass or ground cover, shall not be located closer than three feet from the edge of any driveway or road pavement within the triangular area.

(E) Unobstructed sight area. The unobstructed triangular area is described as follows.

(1) The area formed at the corner intersection of two public right-of-way lines, the two sides of the triangular area being 25 feet in length measured along abutting public rights-of-way lines, and the third side being a line connecting these two sides, or

(2) The area formed at the corner intersection of a public right-of-way and a driveway, the two sides of the triangular area being ten feet in length measured along the right-of-way line and edge of the driveway, and the third side being a line connecting these two sides.

(F) Lots adjoining alleys. In calculating the area of a lot that adjoins an alley for the purposes of applying lot area and setback requirements, one-half of the width of the alley shall be considered a part of the lot. However, if a portion of the lot is occupied by an alley currently in use (i.e., not vacated), then the area shall not be used in lot area computations related to the landscaping standards.

(Ord. 92-005, passed 2-17-92; Am. Ord. 04-002, passed 4-4-04) Penalty, see § 154.999

§ 154.028 PUBLIC THOROUGHFARES.

(A) Intent. Unimpeded, safe access to parcels of land throughout the city is necessary to provide adequate police and fire protection, ambulance services, and other public services, and to otherwise promote and protect the health, safety, and welfare of the public. The standards and specifications set forth herein are determined to be the minimum standards and specifications necessary to meet the above stated intentions.

(B) Public access required. The front lot line of all lots shall abut onto a publicly dedicated road right-of-way.

(C) Driveway dimensions. Driveways providing access to residential, commercial or industrial properties shall comply with the dimensional standards specified in § 154.068.

(D) Access across residential district land. No land which is located in a residential district shall be used for a driveway, walkway, or access purposes to any land which is located in a nonresidential district, unless access is by way of a public road.

(E) Service roads. If the Planning Commission determines that proposed or anticipated development will result in an excessive number of entrance or exit drives onto a public road, thereby creating potentially hazardous traffic conditions and diminishing the carrying capacity of the road, the Commission may permit or require construction of service roads across abutting parcels and generally parallel to the arterial street, to allow traffic to circulate from one parcel to another without re-entering the public road. The front edge of any secondary access drive shall be located no closer to the road than the future right-of-way line. The secondary access drive shall conform to the minimum specifications established by the City Engineer.

(F) Performance guarantee. To assure completion of a private road or service road in conformance with the requirements set forth herein, the Building Official or Zoning Administrator may require the applicant or owner to provide a performance guarantee, in accordance with § 154.036.

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.029 GRADING REGULATIONS.

(A) Intent and scope of requirements. Compliance with the grading regulations set forth herein shall be required as follows.

(1) Intent. Grading regulations are established to control the excavation and filling of land, to assure adequate drainage away from structures and to a natural or established drainage course, and to assure protection of trees on sites where grading is to take place. The regulations set forth herein also establish procedures and requirements for grading permits, inspection of finished grading operations, and penalties for violation of the grading regulations.

(2) Scope of application. A permit shall be required in all instances where grading, excavating, filling, stockpiling, or other alteration to the land are proposed. Filling shall include the dumping of soil, sand, clay, gravel, or other material on a site. However, where minor alterations to the land which do not affect the storm drainage pattern are proposed, a grading permit shall not be required.

(B) Grading plan.

(1) Grading plan. In the event that a grading permit is required, the applicant shall first submit a grading plan for review and approval by the City Engineer and/or Director of Public Services. Grading plans may be submitted in conjunction with a site plan review, or may be submitted as a separate plan. The plans shall be prepared by a registered land surveyor or civil engineer.

(2) Grading plan standards. At a minimum, grading plans shall show grade elevations adjacent to existing and proposed structures and at the nearest side of structures on adjacent properties, and sufficient existing and proposed elevations on the site to be altered and on as much of the adjacent property as is necessary to establish the proposed surface water drainage pattern. If excavation or filling is proposed, the amount of material to be excavated or filled shall be indicated on the grading plan. All elevations shall be based on U.S.G.S. datum. Elevations and location of bench marks used for determining elevations shall be shown on the plan.

(3) Subdivision grading plans. For any proposed subdivision, a grading plan prepared by a registered land surveyor or civil engineer shall be submitted with the preliminary subdivision plan. The grading plan shall show the topography of the area to be platted, the existing drainage pattern, and the

proposed surface water drainage pattern. Drainage easements shall be provided across private property where necessary for handling surface drainage from adjacent properties.

(1) Slope away from buildings. All buildings and structures shall be constructed at an elevation which provides a sloping grade away from the building or structure, thereby causing surface water to drain away from the walls of the building to a natural or established drainage course. Unless insufficient space exists on a site, a minimum 5% slope away from all sides of a building or structure shall be provided for a minimum distance of ten feet.

(2) Runoff onto adjacent properties. New grades shall not be established that would permit an increase in the runoff of surface water onto adjacent properties, except through established drainage courses.

(D) Review, inspection, and approval procedures.

(1) Grading plans shall be reviewed by the City Engineer and/or Director of Public Services. In the event that the grading plan is submitted in conjunction with a site plan submission, the Planning Commission shall review the grading plan as a part of normal site plan review. The Building Official shall issue a grading permit after the determination has been made that the requirements set forth herein and in other applicable ordinances have been complied with.

(2) For residential properties, compliance with a grading plan and permit shall be verified by the Building Official after visual on-site inspection. The City Engineer and/or Director of Public Services shall be responsible for verifying compliance with grading plans and permits for nonresidential uses. Before final inspection and issuance of a certificate of occupancy, the rough grading must be completed; final grading shall be completed within six months after a certificate of occupancy has been issued.

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.030 LIGHTING REQUIREMENTS.

Subject to the provisions set forth herein, all parking areas, walkways, driveways, building entryways, off-street parking and loading areas, and building complexes with common areas shall be sufficiently illuminated to assure the security of property and the safety of persons using such public or common areas. All lighting must comply with Chapter 92, § 92.03(B) of the City Code of Ordinances.

(A) Permitted lighting. Only non-glare, color-corrected lighting shall be permitted. Lighting shall be placed and shielded so as to direct the light onto the site and away from adjoining properties. The lighting source shall not be directly visible from adjoining properties. Lighting shall be shielded so that it does not cause glare for motorists (see Appendix B, Illustration 10, Lighting Requirements).

(B) Intensity. In parking areas, the light intensity shall average a minimum of 1.0 footcandle, measured five feet above the surface. In pedestrian areas, the light intensity shall average a minimum of 2.0 footcandles, measured five feet above the surface.

(C) Height. Except as noted below, lighting fixtures shall not exceed a height of 25 feet measured from the ground level to the centerline of the light source. Fixtures should provide an overlapping pattern of light at a height of approximately seven feet above ground level. The Planning Commission may modify these height standards in commercial and industrial districts, based on consideration of the position and height of buildings, other structures, and trees on the site; the potential off-site impact of the lighting; the character of the proposed use; and the character of surrounding land use. In no case shall the lighting exceed the maximum building height in the district in which it is located.

(D) Sign lighting. Signs shall be illuminated in accordance with the Sign Regulations set forth in §§ 154.600 through 154.999 of this Code.

(E) Site plan requirements. All lighting, including ornamental lighting, shall be shown on site plans in sufficient detail to allow determination of the effects of the lighting upon adjacent properties, traffic safety, and overhead sky glow. The objective of these specifications is to minimize undesirable off-site effects.

(F) Lighting around architectural building features. Lighting around architectural building features is subject to the following requirements:

(1) Static light only. Only static light is permitted around architectural building features, and any flashing, fading, dissolving, or any other change in color or illumination level is prohibited.

(2) Maintenance of bulbs. All bulbs around architectural building features must be functional. Bulbs that are nonfunctional or dysfunctional must be replaced with a bulb of the same color as, or sequence of color of, the other bulbs to maintain uniformity.

(3) Standards applicable to architectural outline lighting. Tube lighting around architectural features on any existing or proposed building may be approved administratively through the zoning permit process of § 154.467, provided the tube lighting does not cause glare and is not hazardous to traffic safety. In considering whether to approve the architectural lighting, the city shall consider the light's impact on traffic, neighboring properties, and the night sky in accordance with the requirements of this section. The city may require the lighting to be shielded or diffused by translucent panels, tubes, or similar methods. String lights, rope lighting, and other similar lighting with exposed or visible bulbs are prohibited on architectural features.

(G) Window tube lighting and rope lighting prohibited. Tube lighting and rope lighting is prohibited around or within the perimeter of windows unless the tube lighting is part of a conforming illuminated sign pursuant to §§ 154.600 through 154.999 of this Code.

(H) Temporary lighting. Temporary string lights and other lighting around windows and architectural building features are permitted not more than 90 days in a calendar year (e.g., holiday lighting, etc.). These forms of temporary lighting are subject to all illumination standards of this section.

(Ord. 92-005, passed 2-17-92; Am. Ord. 17-005, passed 10-23-17; Am. Ord. 18-020, passed 8-6-18) Penalty, see § 154.999

§ 154.031 DUMPING, FILLING AND EXCAVATING.

The dumping of waste or other materials, grading, excavating, filling, and similar “earth changes” shall be subject to the following regulations.

(A) Dumping of waste, junk, or similar materials. The use of land for the storage, collection or accumulation of used construction materials, or for the dumping or disposal of refuse, ash, garbage, rubbish, waste material or industrial by-products, shall not be permitted in any district.

(B) Excavation. The excavation or continued existence of unprotected holes, pits, or wells which constitute or are reasonably likely to constitute a danger or menace to the public health, safety, and welfare is prohibited. However, this restriction shall not apply to excavations for which a permit has been acquired, provided the excavations are properly protected with fencing, guard rails, and warning signs. Excavations which may be permitted if proper permits are acquired include excavation related to construction of a driveway, walk, a permitted wall, or building or part thereof, or movement of soil within the boundaries of a parcel for the purposes of preparing a site for building construction or another permitted use.

(C) Dumping of soil, sand, clay, gravel or similar material. The dumping or filling with soil, sand, clay, gravel or similar earthen material (excluding waste, junk, or contaminated material) on any lot or parcel of land shall not occur unless the plans for dumping or filling have first been reviewed and appropriate permits issued by the Building Official. Land within a drainage easement shall not be filled unless approved by the City Engineer and\or the Director of Public Services.

(D) Removal of soil, sand or similar materials. Approval of the Zoning Administrator shall be required prior to the removal of topsoil, sand, gravel, or similar earthen material from any site in the city. A permit shall be issued only upon finding that removal will not cause stagnant water to collect or leave the surface of the land in an unstable condition or unfit for the growing of turf and other land uses permitted in the district in which the site is located.

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.032 STANDARDS FOR TRASH DUMPSTERS.

(A) Location. Dumpsters shall be permitted in the side or rear yard, provided that no dumpster shall extend closer to the front of the lot than any portion of the principal structure, and provided further that the dumpster shall not encroach on a required parking area, is clearly accessible to servicing vehicles, and is located at least ten feet from any building. Dumpsters shall comply with the setback requirements for the district in which they are located. Dumpsters shall be located as far as practicable from any adjoining residential district.

(B) Concrete pad. Dumpsters shall be placed on a concrete pad. The concrete pad should extend a minimum of three feet in front of the dumpster enclosure.

(C) Screening. Dumpsters shall be screened from view from adjoining property and public streets and thoroughfares. Dumpsters shall be screened on three sides with a decorative masonry wall, similar in material and/or color to the main structure, not less than six feet in height or at least six inches above the height of the enclosed dumpster, whichever is taller. The fourth side of the dumpster screening shall be equipped with an opaque, lockable metal gate that is the same height as the enclosure around the other three sides. Commercial grade slats are required for a chain link gate. The gate shall remain closed and shall only be opened for the loading and unloading of the dumpster.

(D) Bollards. Bollards (concrete-filled metal posts) or similar protective devices shall be installed at the opening to prevent damage to the dumpster enclosure.

(E) Site plan requirements. The location and method of screening of dumpsters shall be shown on all applications and sketch plans submitted for administrative approval or site plans submitted for approval by the Planning Commission. The Planning Commission encourages the sharing of dumpsters by businesses.

(F) Exception.

(1) The requirements of this section may be modified or waived upon a determination that the location, screening, or removal of refuse will be handled in a manner acceptable to the Planning Commission or Zoning Administrator. The Planning Commission or Zoning Administrator shall consult with the Fire Chief and Director of the Department of Public Services when determining the acceptability of the requested modification or waiver. The Planning Commission or Zoning Administrator may require additional landscaping, screening or other site improvements as an alternative to adhering to the requirements of this section. If a requirement for a dumpster is waived, the site plan or sketch plan shall show a future dumpster location to be built when or if the use of the building changes prior to occupancy.

(2) Prior to granting any exception, the property owner shall submit a written request. The owner shall provide a list of all standards requiring a waiver or modification. Any waiver or modification granted shall be limited to the use of the property at the time the request is made and evaluated. Any change in use or development of the site upon which the dumpster is located may required compliance with all standards of this section.

(Ord. 92-005, passed 2-17-92; Am. Ord. 09-004, passed 3-5-09; Am. Ord. 13-015, passed 9-9-13; Am. Ord. 15-003, passed 6-29-15) Penalty, see 154.999

§ 154.033 SAFETY PROVISIONS.

(A) Public service access. All structures shall be provided with adequate access for fire, police, sanitation, and public works services. The Planning Commission or other public body or official charged with enforcement of this chapter shall determine if adequate access has been provided, based upon criteria in this chapter and in other applicable ordinances and laws (such as the Building Code, Fire Codes, City engineering standards, and the like) and subject to review and input from the Fire Chief, Building Official, Police Chief, City Engineer, or other knowledgeable official as deemed appropriate.

(B) Fire protection. All structures shall be provided with adequate fire protection, including adequate water supply for fire fighting purposes, adequate internal fire suppression system, use of fire walls and fireproof materials, and other fire protection measures deemed necessary by the Fire Chief or Building Official.

(1) Fire protection systems. The Fire Chief or Building Official shall have the authority to require fire protection systems installed in any zoning district.

(2) Site development standards. To facilitate fire protection during site preparation and construction of buildings, consideration shall be given to the following.

(a) Water mains and fire hydrants shall be installed prior to construction above the foundation. Hydrants shall be spaced to provide adequate fire fighting protection for all buildings and uses, subject to applicable codes and review by the city officials.

(b) Prior to construction of buildings and other large structures, a hard-surfaced roadbed shall be provided to accommodate access of heavy fire fighting equipment to the immediate job site at the start of construction. The roadbed shall be maintained until all construction is completed or until another means of access is constructed.

(c) Free access from the street to fire hydrants and to outside connections for standpipes, sprinklers, or other fire extinguishing equipment, whether permanent or temporary, shall be provided and maintained at all times.

(d) The building permit holder shall provide scheduled daily cleanup of scrap lumber, paper products, corrugated cardboard and other debris. Construction debris shall be disposed of in accordance with methods approved by the Building Official.

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.034 EXEMPTIONS.

(A) Essential services.

(1) Essential services, as defined in § 154.005, shall be permitted as authorized and regulated by state, federal, and local ordinances and laws, it being the intention hereof to exempt those essential services from those regulations governing area, height, placement, and use of land in the city which would not be practical or feasible to comply with.

(2) Although exempt from certain regulations, proposals for construction of essential services shall still be subject to site plan review, it being the intention of the city to achieve efficient use of the land and alleviate adverse impact on nearby uses or lands. Essential services shall comply with all applicable regulations that do not affect the basic design or operation of those services.

(B) Exemptions to height standards. The height limitations of this chapter shall not apply to chimneys, church spires, public monuments, wireless transmission towers, water towers, and flag poles, provided that the following requirements are complied with.

(1) Wind-driven energy devices. The maximum height of wind-driven energy devices shall be 35 feet, provided that the device is set back from all property lines a distance equal to the height of the device. The devices shall be located in the rear yard of a residential district, and shall be subject to the regulations in §§ 150.20 and 150.21 of this Code.

(2) Antennas in residential districts. Private television antennas, pole antennas, and other private communication antennas or towers shall be permitted in residential districts as follows.

(a) Rooftop antennas. Except as otherwise noted in this subdivision, antennas having a wind resistance surface of seven square feet or less may be located on the rooftop, provided that any such antennas shall not exceed 45 feet in height, measured from the base to the top of the antenna.

(b) Freestanding antennas. Except as otherwise noted in this subdivision, freestanding antennas shall be permitted subject to the following conditions.

1. Freestanding antennas shall be permitted in the rear yard only.

2. Freestanding antennas shall be set back from all property lines a distance equal to 20% of the tower height.

3. Freestanding antennas shall not exceed 60 feet in height, measured from grade level.

4. Any freestanding antenna shall be located to obscure its view from adjacent properties and roads, to the maximum extent possible.

(c) Open element and monopole antennas. Open element and monopole antennas shall be permitted in residential districts, provided they do not exceed 60 feet in height, measured from grade level. Such antennas shall be set back from all property lines a distance equal to 20% of the antenna height.

(d) Satellite dish antennas. Satellite dish antennas shall be subject to the regulations in § 154.039 of this chapter.

(3) Antennas in nonresidential districts. Television antennas, pole antennas, and other communication antennas or towers shall be permitted in nonresidential districts as follows.

(b) Freestanding antennas. Except as otherwise noted in this subdivision, freestanding antennas shall be permitted subject to the following conditions.

1. Freestanding antennas having a wind resistance surface of seven square feet or less shall be permitted in the side or rear yard. Freestanding antennas having a wind resistance surface of more than seven square feet shall be permitted in the rear yard only.

2. Freestanding antennas shall be set back from all property lines a distance equal to 20% of the tower height.

3. Freestanding antennas shall not exceed 60 feet in height, measured from grade level.

4. Any freestanding antenna shall be located to obscure its view from adjacent properties and roads, to the maximum extent possible.

(c) Open element and monopole antennas. Open element and monopole antennas shall be permitted in nonresidential districts, provided they do not exceed 60 feet in height, measured from grade level. Such antennas shall be set back from all property lines a distance equal to 20% of the antenna height.

(d) Satellite dish antennas. Satellite dish antennas shall be subject to the regulations set forth in § 154.039.

(4) Variances. Variances from height standards may be sought from the Zoning Board of Appeals. In considering such a request, the Zoning Board of Appeals shall consider, at minimum, the character of the surrounding uses, the height of surrounding structures, the potential to obscure light or view to or from existing buildings or surrounding properties, and potential detriment to the use or value of surrounding properties.

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.035 SIDEWALK REQUIREMENTS.

Sidewalks shall be subject to the requirements in Chapter 94 of this code, and the following regulations.

(A) Location and width. Required sidewalks shall be five feet in width and shall be located one foot off the property line in the road right-of-way, except where the planned right-of-way is greater in width than the existing right-of-way, in which case the sidewalk shall be located one foot inside the planned right-of-way. The Planning Commission may modify this requirement in consideration of the location of utilities, existing landscaping, or other site improvements.

(B) Design standards. Sidewalks shall be constructed of concrete in accordance with established engineering standards for the city.

(C) Alignment with adjacent sidewalks. Sidewalks shall be aligned horizontally and vertically with existing sidewalks on adjacent properties. The Planning Commission may modify this requirement if existing adjacent sidewalks are not constructed in conformance with the standards set forth herein.

(D) Permits. It shall be the responsibility of the owner or developer to secure any required permits from city, county or state agencies to allow sidewalk construction in the road right-of-way.

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.036 PERFORMANCE GUARANTEE; REQUIREMENTS; PERMITS AND/OR APPROVALS.

(A) Intent and scope of requirements. To insure compliance with the provisions of this chapter and any conditions imposed thereunder, the Planning Commission, Community Development Director, Zoning Administrator or their designee may require that a performance guarantee be deposited with the city, prior to the issuance of permits or approvals, to insure faithful completion of improvements, in accordance with the Michigan Zoning Enabling Act, Act 110 of 2006, as amended. Improvements for which the city may require a performance guarantee include, but are not limited to roadways, lighting, utilities, sidewalks, driveways, screening, grading and drainage, incomplete structures, site clean-up and landscape buffers.

(B) General requirements. The performance guarantee shall meet the following requirements.

(1) The performance guarantee shall be in the form of cash, certified check, irrevocable letter of credit from a Michigan lending institution, surety bond or performance bond which names the property owner/developer/contractor as the obligor and the city as the at-will oblige or beneficiary.

(2) The performance guarantee shall be submitted at the time of issuance of the permit authorizing the activity or project.

(3) The amount of the performance guarantee shall be sufficient to cover the estimated cost of the project/development/improvements for which the performance guarantee is required. Prior to the issuance of the permit authorizing the activity or project, the applicant shall provide an itemized schedule of estimated costs to complete the project/development/improvements. The amount of the performance guarantee shall be determined by the Zoning Administrator or Building Official and shall be reasonably related to the costs incurred by the city to complete the project/development/improvements.

(4) The entire performance guarantee shall be returned to the applicant following issuance of a Certificate of Occupancy by the Building Official and/or final site approval by the Community Development Director or designee where appropriate. The performance guarantee may be released to the applicant in proportion to the work completed on various elements, provided that a minimum of 10% shall be retained on each element until satisfactory completion of the entire project.

(C) Unsatisfactory completion of improvements. Whenever required improvements are not installed or maintained within the time stipulated or in accordance with the standards set forth in this chapter or the Approved Site Plan, the city may complete the necessary improvements and assess all costs of completing the improvements plus interest against the performance guarantee. Prior to the city completing the improvements, the city shall notify the owner, site plan review applicant, or other firm or individual responsible for completion of the required improvements.

(Ord. 92-005, passed 2-17-92; Am. Ord. 06-004, passed 2-13-06; Am. Ord. 13-014, passed 9-9-13) Penalty, see § 154.999

§ 154.037 FENCES.

Every fence constructed or erected in the city shall comply with the regulations of this section. No fence shall be erected or constructed until a permit has been issued in accordance with the provisions of this section.

(A) Permit required. Anyone desiring to construct a fence upon property in the city shall first apply to the Building Department for a permit. There shall be a permit fee as passed by City Council. The permit shall be issued by the Building Department upon a written application, which application shall request that the city establish the grade at which the fence is to be constructed and shall also contain such information as may be required by the Building Inspector in order to determine compliance with the provisions of this code.

(B) General requirements.

(1) Fence materials. Fences shall consist of materials commonly used in conventional fence construction, such as wood or metal. Razor wire shall not be permitted. Fences which carry electric current are prohibited. Barbed wire shall be permitted only in industrial districts, provided that the barbed wire is at least eight feet above the ground, and provided further that the barbed wire shall be installed on supports that extend toward the interior of the site. Fence posts shall be sunk into the ground at least three feet, and all posts shall be encased in concrete below the surface of the ground.

(2) Fence appearance. If, because of the design or construction, one side of the fence has a more finished appearance than the other, the side of the fence with the more finished appearance shall face the exterior of the lot, with the following exceptions.

(a) When a fence is approved for construction under a joint permit, the joint permit holders shall determine the preferred orientation of the more finished side of the fence along the common property line(s) of the joint permit holders.

(b) An owner of abutting property may waive the right for the more finished side of a fence to face his abutting property. The waiver of right must be in the form of a written consent statement, signed by the owner of the property where the fence would face under the normal requirements of this subdivision. The written consent statement shall be attached to the permit application and maintained with the permit records of the Building Official.

(3) Obstruction to use of adjoining property. No fence shall be erected where it would prevent or unreasonably obstruct the use of adjacent property, nor shall a fence be erected where it would obstruct or prevent the continued safe use of an existing driveway or other means of access to adjacent property. In enforcing this provision, the Building Official may require a fence to be set back a minimum distance of not more than two feet from a driveway or property line in order to provide for the safe passage of pedestrians, bicyclists or vehicular traffic or other safety related concerns.

(4) Fence maintenance. Fences shall be maintained in good condition. Rotten or broken components shall be replaced, repaired, or removed. As required, surfaces shall be painted, stained, or otherwise treated with materials to protect and preserve the fence and provide an attractive finish. If a fence is found to be in need of repair by the Building Official, the Building Official shall issue orders to complete the repairs. Failure to comply with written notice from the Building Official ordering completion of repairs shall be deemed a violation of this chapter.

(5) Location; general requirements. Any fence shall be located entirely on the private property of the person constructing it. However, adjoining property owners may jointly apply for a fence permit, in which case the Building Official may permit it to be constructed on their common property line. A fence shall not be attached to or touch a fence located on another owner's lot without the express written agreement of the owners of both fences. No more than three inches is permitted between fences. In every case, fences must be constructed with adequate posts and other supports so that each fence is capable of maintaining an upright position and the location described in the original application for permit to construct the fence.

(6) Corner clearance. Fences located adjacent to a street or driveway shall be designed to provide unobstructed sight distance for drivers in accordance with § 154.027(D) of this Code.

(7) Nonconforming fences. Any future additions or improvements will be required to conform to this chapter.

(1) Application for permit.

(a) No fence shall be erected or constructed until a permit has been issued in accordance with the provisions of this section. If a fence is proposed in conjunction with a development that requires site plan review, then the fence shall be shown on the site plan which shall be reviewed in accordance with normal site plan review procedures. No additional permit is required when a fence is approved as part of a site plan. In all other cases, an application for a permit to construct a fence shall be filed with the Building Official. The application shall be accompanied by drawings and other information to illustrate the dimensions, design and location of the proposed fence. The following minimum information shall be included on the drawing submitted in support of a fence permit application.

1. Fence location.

2. Location of all structures within 25 feet of the proposed fence.

3. Location of all driveways within 25 feet of the proposed fence.

4. Location of all sidewalks within 25 feet of the proposed fence.

5. Location of all existing fences within ten feet of the proposed fence.

(b) The Building Official may determine other additional information is reasonably necessary to provide a complete review of the proposed fence. Any additional information shall be provided by the applicant as may be required by the Building Official to assure compliance with the regulations set forth in this chapter and to assure the fence is constructed with sound materials.

(2) Application review fee. Each fence permit application shall be accompanied by an application review fee to recover the reasonable costs of review and permit issuance. The amount of the fee shall be fixed by resolution of the City Council and posted in the Building Department. If the fence is constructed before an application for a permit is obtained, the fee shall be increased to an amount equal to twice the fee that is required if the permit application and fee were obtained prior to construction of a fence.

(3) Survey required. In the event lot lines for the subject property cannot be located to the satisfaction of the Building Official, the Building Official may require the applicant to establish lot lines on the property through placement of permanent stakes located by a licensed surveyor. Lot lines must be located before the fence permit is issued. The Building Official may withhold issuance of the permit to construct the fence until the lot lines are located and permanent stakes are placed by a licensed surveyor.

(4) Administrative rules. The Building Official may establish reasonable rules and procedures, consistent with the intentions of this chapter, which may be necessary to provide for the proper administration of this section.

(5) Application review and permit issuance by the Building Official. The Building Official shall review the fence application and supporting data with respect to the standards set forth in this chapter, the adopted Building Code, and administrative rules which may be established to provide for proper administration of this section. The Building Official shall grant a permit to construct a proposed fence upon finding that the proposed fence fully complies with all applicable regulations.

(6) Appeal of a decision. An applicant may appeal a decision of the Building Official or Planning Commission concerning a proposed fence or enforcement of the provisions of this section to the Zoning Board of Appeals. The Zoning Board of Appeals shall review the appeal in accordance with the standards and procedures set forth for a dimensional variance set forth in §§ 154.450 through 154.453 of this chapter.

(D) Fence regulations in residential districts.

(1) Location and height.

(a) Fences not to exceed six feet in height shall be permitted in the rear yard and permitted to extend into the side yard either up to two feet beyond an existing side door or no closer than ten feet to the front line of the house.

(b) A fence not to exceed four feet in height shall be permitted in side yards but shall not extend past the front line of the house.

1. Fences located along the side lot line abutting a street on a corner lot shall be located no closer than one foot to the edge of the sidewalk, or on the lot line if there is no sidewalk adjacent to the lot line;

2. No fence shall be erected, established, or maintained on any lot that will obstruct the view of drivers in vehicles at the intersection of a driveway and a road; and

3. A ten-foot clear vision area is required (see illustration in Appendix B).

(2) Border treatment.

(a) A border treatment, as defined in § 154.005, shall not exceed 30 inches in height. Typical border treatments include, but are not limited to those devices known as split rail fences and picket fences. A border treatment may be created in any required yard area in accordance with the following limitations.

1. If a border treatment is used at a property corner to deter pedestrians from walking on a private yard area, the border treatment that will be visible must be visible so as not to present a safety hazard at night or during other times of low visibility.

2. Thin strands of wire, cable or cord shall not be permitted to be attached to standing poles to form a border treatment.

3. The border treatment shall be located on the private property owner's lot not less than two feet from all sidewalks and driveways, and not less than one foot from all lot lines.

4. No permit shall be required for a border treatment. However, a border treatment must comply with these specifications and the general requirements as described in divisions (A)(2), (A)(3) and (A)(6) of this section.

(3) Fences enclosing public areas. Fences which enclose public parks, playgrounds, or similar public areas located within a residential district shall not exceed eight feet in height, measured from the surface of the ground.

(E) Fence regulations in nonresidential districts.

(1) Location.

(a) Except as otherwise permitted in this section for industrial facilities, fences shall be permitted in the rear or side yards of nonresidential districts, provided that no fence shall extend closer toward the front of the lot than any portion of the principal structure.

(b) A fence may also be installed in the front yard of a lot located in the M-1 Light Industrial District for the purpose of providing security of goods, supplies, and vehicles stored on the industrial lot. An application for the security fence shall be considered consistent with the special use approval procedures described in §§ 154.415 through 154.417 of this chapter. The fence permit application for the security fence shall be accompanied by an application for special use approval. Reasonable conditions for the placement of such fences may be included when the fence is approved as a special use.

(c) Fences located along the side lot line abutting a street on a corner lot shall be located no closer than one foot to the edge of the sidewalk or on the lot line if there is no sidewalk adjacent to the lot line.

(d) Fences on corner lots shall comply with the corner clearance requirements of § 154.027(E) of this chapter.

(2) Height. Fences in commercial districts shall not exceed six feet in height. Fences in industrial districts shall not exceed eight feet in height, except that barbed wire shall be at least eight feet above the ground, as specified in division (A)(1) of this section. If barbed wire is attached to the top of a fence in an industrial district, the barbed wire may extend not more than one foot above the height of the fence.

(3) Signs attached to fences. Signs advertising the availability of services or products shall not be attached to any fence. The only sign that may be attached to a fence shall indicate the name of the individual or company that constructed the fence, and that sign shall not exceed one square foot in area.

(F) Walls. This section shall in no way alter or affect the requirements for walls set forth in §§ 154.100 and 154.101 of this chapter.

(Ord. 98-006, passed 6-29-98; Am. Ord. 98-023, passed 9-21-98; Am. Ord. 09-006, passed 4-20-09; Am. Ord. 19-011, passed 9-23-19) Penalty, see § 154.999

§ 154.038 SIGNS.

All signs shall comply with the Sign Regulations set forth in Chapter 153 of this Code.

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.039 SATELLITE DISH ANTENNAS.

Satellite dish antennas may be permitted as an accessory use in any zoning district, subject to the following conditions.

(A) Roof-mounted antennas. Roof-mounted dish antennas up to ten feet in diameter shall be permitted in commercial and industrial districts only, provided that the antennas comply with the height standards for the district in which they are located.

(B) Ground-mounted antennas. Ground-mounted antennas up to ten feet in diameter shall be permitted in all districts subject to the following conditions.

(1) Maximum height permitted shall be 20 feet.

(2) The satellite dish structure shall be securely mounted and anchored to a pole and secured in accordance with the requirements of the manufacturer and the Building Code.

(3) If elevated off of the ground, all antennas shall be located so that there is an eight-foot clearance between the lowest part of the dish and grade.

(4) Satellite dish antennas shall comply with setback requirements for the district in which they are located, and shall not be permitted in front yards.

(5) All electrical and antenna wiring shall be placed underground.

(6) The surface of the dish shall be painted or treated so as not to reflect glare from sunlight, and shall not be used as any sign or message board. All installations shall employ (to the extent possible) materials and colors that blend in with the surroundings.

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.040 OUTDOOR DISPLAYS; PROHIBITIONS.

The outdoor display of any goods, materials, vehicles, or merchandise, shall not exceed a continuous 24-hour period unless otherwise approved by the Planning/Zoning Administrator. Outdoor displays shall be set back at least three feet from the property line, shall not impede normal pedestrian or vehicular traffic, shall not pose a risk of injury or threat to public health, safety and welfare, shall be directly related to the principal business conducted on the premises, and shall be displayed only during normal business hours.

(Ord. 08-004, passed 11-5-07)