All land, buildings or structures, or parts thereof, shall hereafter be erected, constructed, reconstructed, altered, maintained, used or occupied in conformity with the provisions of this chapter.

(Code 1969, § 5.25; Code 1977, § 28-53)

Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of Ordinance No. 23, July 8, 1957, and upon which building actual construction has been diligently carried on, and provided, further, that such building was completed within two years from the date of passage and publication of Ordinance No. 23.

(Code 1969, § 5.26; Code 1977, § 28-54)

(a)

Sloping grade for new construction without established grade. Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building. A sloping grade, beginning at the sidewalk level, shall be maintained and established from the center of the front lot line to the finished grade line at the front of the building and from the rear wall of the building to the rear lot line; however, this shall not prevent the grading of a yard space to provide sunken or terraced areas provided proper means are constructed and maintained to prevent the runoff of surface water to flow onto the adjoining properties.

(b)

Existing established grade. When a new building is constructed on a vacant lot between the existing buildings or adjacent to an existing building, the existing established grade shall be considered 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 runoff of surface water to flow onto the adjacent properties.

(c)

Approval. Grades shall be approved by the building inspector.

(Code 1969, § 5.27; Code 1977, § 28-55)

(a)

Permit required within city limits. No building or structure which is either wholly or partially constructed may be moved from outside the city limits. Any building or structure, which has been wholly or partially erected on any premises, located within the city, shall not be moved to and be placed upon any other premises in this city until a permit to use such building or structure, after being moved, shall have been secured under article XXIX 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.

(b)

Inspection required for permit. Before a permit may be issued for moving a building or structure, the building inspector shall inspect same and shall determine if it is in a safe condition to be moved, whether it may be reconditioned to comply with the building code and other city requirements for the use and occupancy for which it is to be used and whether it will be of similar character with the buildings in the area where it is to be moved. Providing these conditions can be complied with, a permit shall be issued for the moving of said building or structure.

(Code 1969, § 5.28; Code 1977, § 28-56)

Except where otherwise provided for in this chapter, every dwelling shall be located on a lot abutting upon a street or permanent easement of access to a street, other than an alley. No dwelling shall be built upon a lot having a frontage of less than 20 feet upon a street or upon a permanent easement of access to a street. Such easement of access shall have a width throughout of not less than 40 feet, except Island Drive which now exists at 20 feet.

(Code 1969, § 5.29; Code 1977, § 28-57)

A building or structure constructed to a less height, area or bulk than originally planned, prior to the effective date of the ordinance from which this chapter is derived, may be erected to its full height, area and bulk, provided the board of appeals approves such extension, enlargement or additions as being in accordance with the original intent when such building or structure was erected.

(Code 1969, § 5.30; Code 1977, § 28-58)

All substandard basement dwellings, as defined in the State Housing Law of Michigan (MCL 125.401 et seq.), or garage, cabin or trailer dwellings, which have been heretofore erected or occupied, are hereby declared to be unlawful dwellings and shall be vacated within a period of two years or otherwise altered so as to comply with the provisions of this chapter. Buildings erected as garages shall not be occupied for dwelling purposes unless they comply with all the provisions of this chapter.

(Code 1969, § 5.31; Code 1977, § 28-59)

When a dwelling occupies a space above a business use, such dwelling unit shall provide a minimum floor area of not less than 720 square feet and a useable lot area of not less than 7,200 square feet. The business use shall provide an additional lot area for the commercial building and the required loading space and off-street parking as provided under sections 44-166 and 44-167.

(Code 1969, § 5.32; Code 1977, § 28-60)

(a)

Compliance with all requirements. An accessory building, including carports attached to the principal building, on a lot, shall be made structurally a part thereof, and shall comply in all respects with the requirements of this chapter applicable to the principal building. Breezeways, for the purpose of this chapter, as an attachment between the garage or carport and the main building, shall be considered as part of the main building, but breezeways shall not be considered as constituting livable floor area.

(b)

Unattached accessory building nearness to principal building. An accessory building and garage unless attached and made a part of the principal building on a lot as provided in subsection (a) of this section shall not be nearer than ten feet from the principal building.

(c)

Detached accessory building requirements. Except for chicken coops otherwise regulated under chapter 4, article III, detached accessory building and garages shall not exceed one story or 15 feet in height and shall not occupy more than 30 percent of the area of any rear yard, and when located on the rear one-quarter of the lot, shall not be nearer than two feet from any lot line, and when otherwise located on the lot, the accessory buildings shall conform to all requirements for side yards set forth in the requirements for each residential district, provided, that where the side yard abuts upon a side street, such accessory building shall not extend nearer to the side street lot line than the main portion of the principal building, and in no case shall the entrance door to a garage be less than eight feet from a street line.

(d)

Canal and waterway requirements. Detached accessory buildings and garages on a lot which abuts a canal or waterway, may be located not less than 20 feet from the street or front lot line.

(e)

Erection. No accessory building or structure shall be erected before the erection of the principal building or structure on any residential lot.

(Code 1969, § 5.33; Code 1977, § 28-61; Ord. No. 404, 3-11-2019)

In business and industrial districts, accessory buildings and uses, if not for dwelling purposes, may occupy any of the ground area which the principal building is permitted to cover. 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 M-2 districts; parking of automobiles and other motor vehicles is permitted in the front and side yards in M-2 districts if screened from a public street by a greenbelt, eight feet in width. Uses such as railroad sidings may be located in the side or rear yard in M-2 districts.

(Code 1969, § 5.34; Code 1977, § 28-62; Ord. No. 422, Art. I, 5-13-2024)

(a)

No space which for the purpose of a building has been counted or calculated as part of a side yard, rear yard, front yard or other open space required by this chapter, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard or other open space requirement of or for any other building.

(b)

The minimum yards or other open spaces, including lot area per family or percentage of lot coverage required by this chapter for each and every building existing at the time of passage of the ordinance from which this chapter is derived or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building.

(Code 1969, § 5.35; Code 1977, § 28-63)

(a)

Purpose. The purpose of this section is to permit fences, decorative fences, natural fences, fence panels, and protective measures fencing without impeding necessary views and safe visibility to and from public rights-of-way and any intersections thereof, and without impeding scenic views of public lands or waterways from adjacent properties. Fencing shall conform to all applicable requirements listed in this section.

(b)

Existing fences. Legally established nonconforming fences erected prior to the effective date of the ordinance from which this section is derived shall be exempt from the provisions of this section. Growing vegetation originally established as a natural fence shall be presumed to be a legally established nonconformity.

(c)

Permit required.

(1)

Except as provided below, it shall be unlawful for any person to construct or cause to be constructed any fence upon any property within the city without first obtaining a permit for it. The application for such permit shall contain or have attached as exhibits thereto, any and all information including drawings, required and necessary for the determination of whether the erection of such fencing would be contrary to the provisions of this section.

(2)

A fence permit fee in an amount established by city council, as they may amend from time to time by resolution, shall be paid in full and accompany the fence permit application.

(3)

A permit is not required for a decorative fence if it is not intended to enclose, divide, or separate yard areas and further complies with the requirements of this section.

(4)

A certified survey shall be submitted as part of the fence permit application. The city building inspector may grant an exception from this submittal requirement for the repair or replacement of a fence segment where it can be demonstrated that such repair or replacement will not change design character or the alignment of the pre-existing fence.

(5)

It shall be the duty of the city building inspector to review the fence permit application and the premises where the fence is proposed to be erected. If the proposed fence is found in compliance with the requirements of this section, he or she shall issue the fence permit. The fence permit shall become invalid if the work authorized under a fence permit has not been commenced within 180 days after its date of issuance.

(d)

Shared fences. All fences must be located entirely on the private property of the person seeking the fence permit. However, a fence may be erected along a shared property line where adjoining property owners jointly apply for a fence permit to erect a fence on their common border.

(e)

Prohibited fencing.

(1)

It shall be unlawful to erect any fence charged or connected with an electrical current.

(2)

Except as provided below, the use of barbed wire, razor wire, spikes, nails, or any other sharp point or instrument of any kind made part of a fence is prohibited.

(3)

The attaching of one fence to another for purpose of support is expressly prohibited. This shall not be defined to prohibit the extension of, or connection to, an established fence.

(4)

No fence shall be erected upon a vacant lot unless the adjoining lot is under same ownership and has an established primary use.

(5)

No fence shall be erected upon a lot or parcel of land which obstructs the view of drivers in vehicles approaching an intersection of two roads or the intersection of a road and driveway. At a minimum, an unobstructed sight triangle meeting the following requirements shall be maintained:

a.

The area formed at the corner intersection of two public right-of-way lines, with two sides of the triangular area being 25 feet in length, measured from the point of intersection between the public right-of-way lines and the third side being a line connecting these two sides.

b.

The area formed at the intersection of a public right-of-way line and a driveway, with two sides of the triangular area being ten feet in length, measured from the point of intersection between the right-of-way line or sidewalk and the edge of the driveway, and the third side being a line connecting these two sides.

(f)

Fence and yard maintenance. All fences shall be maintained in good repair. Fences in a deteriorated state needing repair or replacement shall be deemed a nuisance. The city building inspector shall inform the property owner upon which such fence is located of the existence of the nuisance and order the repairs or modifications to be made to render the fence safe or require that such unsafe fence or any portion thereof be removed. Notice of the order shall be given by personal delivery or via U.S. mail. The nuisance shall be abated within 30 days after the receipt of such order by the property owner.

(g)

Exterior appearance. All supporting members of any fence shall be placed on the interior side of the fence to conceal them from view from the exterior side of the fence. Posts may only be exposed to view on the exterior side of the fence when they are an integral part of the architectural appearance of the fence and not just for supporting the fence.

(h)

Conflicting regulations. Where a subdivision or condominium development regulates fencing through a restrictive covenant, deed restriction, or similar legal instrument in a manner which imposes a greater or more restrictive requirement or standard than is enumerated in this section, such greater restriction shall prevail.

(i)

Appeals. Under authority of section 44-924, the zoning board of appeals shall have the authority to hear and decide questions which arise in the administration of this section, and to hear and decide appeals taken by any person aggrieved or by an officer department, board or bureau of the state or city affected by a decision of the building inspector or administrative official charged with the enforcement of this section.

(j)

Fences in nonresidential districts.

(1)

Barbed wire and razor wire may be placed on the top of fences greater than eight feet in height to protect public infrastructure sites, or facilities deemed by the building inspector to require a secured site because of the equipment, materials, or products used, produced, or stored on the premises. The barbed wire or razor wire shall consist of not more than three strands of wire and shall project toward the exterior of the site. In no instance, however, shall such barbed wire or razor wire extend over a property line or public right-of-way.

(2)

Public or private parks, playgrounds, fields, and similar recreation or public assembly areas may contain fencing not greater than eight feet in height. Such fencing may only be installed upon a determination by the building inspector that such fencing is needed for public safety, protection of property from vandalism, or to prohibit unwanted trespass. Backstops and similar barriers used in conjunction with an athletic field or court are exempt from the height restrictions imposed herein.

(3)

Fences shall be permitted in the M-1 district and M-2 district, and the C-1 district, C-2 district, and C-3 district subject to the following conditions:

a.

Fences shall not exceed a height of eight feet.

b.

No fence may extend beyond the front building line.

(k)

Residential fences on waterfront lots. It is the intent of this subsection to regulate the placement of residential fencing on private property in a manner which does not obstruct views to abutting water by neighboring residences. Residential fences on lots abutting water shall be permitted subject to the following requirements:

(1)

For purposes of this section, the following definitions shall apply. A front yard shall be defined to mean that portion of the lot located between the primary residence and a public or private road. A rear yard shall be defined to mean that portion of the lot located between the primary residence and abutting water. (See also section 44-95.)

(2)

No fence shall be installed in the front yard.

(3)

A natural fence not exceeding 48 inches in height shall be permitted in front yards but must comply with subsection 44-89(e)(5)b.

(4)

A decorative fence not exceeding a height of 48 inches shall be allowed in the front yard.

(5)

Decorative fencing not exceeding a height of 48 inches shall be allowed in the side yard and in the rear yard and may extend to the seawall or ordinary high water mark of abutting water.

(6)

A fence and natural fence not exceeding a height of 72 inches is allowed in the side and rear yard. A natural fence in the side yard shall not have a height restriction and this condition may extend up to 16 feet into the rear yard. A fence may extend no more than 16 feet from the rear face of the primary residence. The fence and natural fence shall not extend to within 24 feet of the high water mark of the abutting water. Notwithstanding the above, decorative fencing not exceeding a height of 48 inches may be extended to the water's edge.

(7)

In addition to the above, a property owner shall be entitled to install not more than two privacy fence panels not exceeding 72 inches in height and which are perpendicular to, and extend not more than, 16 feet from the rear face of the primary residence into the rear yard. This privacy fencing shall not extend to within 24 feet of the high water mark of the abutting water.

(8)

Swimming pool fences shall comply with section 6-517 of chapter 6 [buildings and building regulations] of this Code and the International Swimming Pool and Spa Code (2015).

(l)

Residential fences on lots not abutting water. Residential fences on lots not abutting water shall be permitted subject to the following conditions:

(1)

No fence shall be installed in the front yard.

(2)

A natural fence not exceeding 48 inches in height shall be permitted in front yards but must comply with subsection 44-89(e)(5)b.

(3)

A decorative fence not exceeding a height of 48 inches shall be allowed in the front yard.

(4)

A fence or decorative fence, not exceeding a height of 72 inches shall be allowed in the side and rear yards. A natural fence of any height shall be allowed in side and rear yards.

(5)

Swimming pool fences shall comply with section 6-517 of chapter 6 [buildings and building regulations] of this Code and the International Swimming Pool and Spa Code (2015).

(Ord. No. 388, 8-14-2017; Ord. No. 394, 1-8-2018; Ord. No. 419, Art. I, 6-12-2023; Ord. No. 422, Art. I, 5-13-2024)

Editor's note— Ord. No. 388, adopted Aug. 14, 2017, repealed the former § 44-89 and enacted a new § 44-89 as set out herein. The former § 44-89 pertained to fences; decorative and natural and derived from Code 1969, § 5.36; Code 1977, § 28-64; Ord. No. 23FF, § 1, adopted Oct. 12, 1982; Ord. No. 287, § 2, adopted July 8, 2002; and Ord. No. 373, adopted Feb. 24, 2014.

When a majority of the buildings in any particular block have been built at the time of the adoption of the ordinance from which this chapter is derived, no building thereafter erected or altered shall project beyond the minimum building line thus established, provided, that no residential building shall be required by this chapter to be set back more than 40 feet; and provided, further, that this regulation shall not be interpreted to reduce the buildable width of a corner lot facing an intersecting street.

(Code 1969, § 5.37; Code 1977, § 28-65)

Wherever there is a public alley at the rear of a residential lot upon which the lot abuts for the full width, measurements of the depth of any abutting rear yard required under this chapter may be made to the centerline of such alley.

(Code 1969, § 5.38; Code 1977, § 28-66)

Outside stairways, fire escapes, fire towers, porches, platforms, balconies, boiler flues and other similar projections shall be considered as part of the building and shall not encroach into the required space for yards or courts or occupied space. However, there shall be permitted certain exceptions to this requirement as limited and restricted hereinafter:

(1)

Permitted exceptions for such projections shall be:

a.

One chimney or one fireplace, limited to not more than eight feet in length and projecting not more than 12 inches into the allowable side yard space.

b.

Cornices, limited to not more than 16 inches in width, including the gutter.

c.

Platforms, terraces, steps below the first floor level.

d.

Unenclosed porches or other ground-level, unenclosed projections not over one story in height.

(2)

Limitations governing the projections, as so permitted, shall be:

a.

Provided, however, that in an R-1, R-1-T or R-3 district, such excepted projections:

1.

Shall not extend more than eight feet beyond the established front building line;

2.

Shall not extend beyond any building line established across the rear of the lot;

3.

Shall not extend nearer than three feet from an interior side lot line or nearer than five feet from a side lot line abutting upon a street;

b.

And in no case shall any projection extend beyond any established building line in a C-1, C-2, C-3, M-1 or M-2 district.

(3)

A special exception for deck projections is also hereby permitted but, as in this subsection, limited and restricted:

a.

On waterfront lots, a deck will be allowed on the water side. The deck must be constructed with approved materials. Side rails may not exceed 36 inches and shall be of open construction which does not obstruct the adjacent property's view of the water. The deck will be limited to the width of the house, and allowed only in the yard area behind the house.

b.

A deck may be built over the protective berm if the condition of the berm is certified by the city engineer. Residents must maintain the berm according to city specifications (577.2 feet, at sea level), subject to yearly inspection by the city engineer. A deck shall not be built over a protective berm in such a manner if such would prevent inspection and maintenance of the berm.

c.

A deck attached to the house may extend to the water, or provide walkways to water side dock or deck; it may not overhang on the water side. Providing that the total coverage of deck and walkways does not exceed 40 percent of the water side yard coverage. The deck may not be nearer than three feet from interior side lot line or nearer than five feet from side lot line where abutting upon a street.

d.

Construction of all decks will require a building permit, submission of detailed plan of construction, and site plan approval.

(Code 1969, § 5.39; Code 1977, § 28-67; Ord. No. 170, 6-26-1989; Ord. No. 422, Art. I, 5-13-2024)

In all business and industrial districts, and residential areas as specified herein, there shall be provided a front yard in addition to that which is specified for each specific district, as follows:

(1)

Fort Street as established by the Wayne County Road Commissioner's Fort Street Right-of-Way Plan, dated June 1948 and revised October 11, 1955.

(2)

One hundred sixty feet from the centerline of West Jefferson (River Road) between Woodruff and Vreeland Roads.

(3)

Sixty feet from the centerline of Vreeland, North Gibraltar Road, South Gibraltar Road, between West Jefferson (River Road) and the Frank and Poet Drain and Woodruff Road.

(4)

Forty-three feet from centerline of Ostreich, South Gibraltar Road east of Frank and Poet Drain, and Stoeflet Road.

(5)

One hundred sixty feet from the centerline of Middle Gibraltar Road from Old Fort Street to West Jefferson Avenue (River Road).

(Code 1969, § 5.40; Code 1977, § 28-68; Ord. No. 23-Q, 9-28-1970; Ord. No. 172, 6-26-1989)

Any portion of a residential lot located in front of a building line, or between a front street lot line and the adjacent building line, shall be used only for ornamental purposes, and nothing other than trees and shrubs shall be placed, erected or planted thereon.

(Code 1969, § 5.41; Code 1977, § 28-69)

On double street frontage lots, a front yard, as prescribed for the district, as herein established, shall be provided on both streets. On double frontage lots having frontage on a street and on the water a front yard, as prescribed for the district, as herein established, shall be provided on both the street and on the water frontage.

(Code 1969, § 5.42; Code 1977, § 28-70)

No residential structure shall be erected upon the rear of a lot or a lot with another dwelling; with the exception of parcels of record described and designated as "outlots" which may be so arranged or subdivided as to provide for one or more principal buildings when the land area allocated to each building is equal to or greater than the lot area required for the district, and the building and land complies with all the other requirements of the districts in which it is located.

(Code 1969, § 5.43; Code 1977, § 28-71)

The construction, maintenance or existence within the city of any unprotected, unbarricaded open or dangerous excavations, holes, pits or wells, or of any excavations, holes or pits 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 construction of excavations under a permit issued pursuant to this chapter or the building code of the city where such excavations are properly protected and warning signs posted in such manner as may be approved by the building inspector; and, provided further, that this section shall not apply to lakes, streams or other natural bodies of water, or to ditches, streams, reservoirs, or other major bodies of water created or existing by authority of the state, county, city or other governmental agency.

(Code 1969, § 5.44; Code 1977, § 28-72)

Drainage channels and floodplains, which exist and which are indicated on the master plan of the city are essential for the maintenance of the health and general welfare of the people of the city. Any encroachment, filling or destruction of these drainage channels or floodplains is a violation of this chapter; provided, however, this shall not prevent the development of the property for its best use, such as new subdivisions, etc., when adequate facilities, as shall be determined by the building inspector, are provided to maintain the prime purpose of the drainage channel or floodplain, i.e., the uninterrupted flow of surface water. Said development shall be, among other things, done in compliance with chapter 18 and subsequent amendments.

(Code 1969, § 5.45; Code 1977, § 28-73; Ord. No. 119, § 1, 7-27-1981)

(a)

Purpose. These regulations are intended to permit signs and other displays that are needed for the purposes of identification or advertising subject to the following objectives:

(1)

By reason of their size, location, spacing, construction or manner of display, signs shall not endanger life or limb, confuse or mislead traffic, obstruct vision necessary for traffic safety, or otherwise endanger the public health or safety.

(2)

Signs should enhance the aesthetic appeal of the city. Thus, these regulations are intended to regulate oversized signs that are out of scale with surrounding buildings and structures, and prevent an excessive accumulation of signs which cause visual clutter.

(3)

The placement and design of signs should further the land use planning objectives of the city. Signs should protect neighborhood character and the value of surrounding properties.

(4)

Signs located within the boundaries of the city downtown development authority (DDA) district, as now existing or hereafter amended in the DDA's tax increment financing and development plan, shall also be subject to the rules established in section 44-893, downtown development authority (DDA) district development standards. Where conflict exists between the rules established in this section and the rules established in section 44-893, the rules established in section 44-893 shall govern.

(b)

Scope of requirements. It shall be unlawful for any person, firm, or corporation to erect, construct, or alter any sign in the city except in conformance with the provisions of this chapter, subject to issuance of a permit, except as otherwise provided herein.

(c)

Enforcement.

(1)

Plans, specifications, and permits.

a.

Permits. It shall be unlawful for any person to erect, alter, relocate, or structurally change a sign or other advertising structure, unless specifically exempted by this chapter, without first obtaining a permit in accordance with the provisions set forth herein. A permit shall require payment of a fee, as noted on a fee schedule as may be established, adopted, and amended from time to time by the city council.

b.

Applications. Application for a sign permit shall be made upon forms provided by the building official. The following information shall be required:

1.

Name, address, and telephone number of the applicant.

2.

Location of the building, structure, or lot on which the sign is to be attached or erected.

3.

Position of the sign in relation to nearby buildings, structures, and property lines. The building department may require information to be provided for on a certified survey or drawing sealed by a registered engineer.

4.

Plans showing the dimensions, materials, method of construction, and attachment to the building or in the ground.

5.

Copies of stress sheets and calculations, if deemed necessary, showing the structure as designed for dead load and wind pressure.

6.

Name and address of the person, firm, or corporation owning, erecting, and maintaining the sign.

7.

Information concerning required electrical connections.

8.

Insurance policy or bond, as required in this chapter.

9.

Written consent of the owner or lessee of the premises upon which the sign is to be erected.

10.

Other information as required by the building official to make the determination that the sign is in compliance with all applicable laws and regulations.

c.

Review of application.

1.

Planning commission review. Sign permit applications submitted in conjunction with the proposed construction of a new building or addition to an existing building shall be reviewed by the planning commission as a part of the required site plan review. Proposed sign locations, dimensions, designs, and content must be shown on the site plan. Planning commission review shall be required for any new or modified sign, regardless of whether or not any related site plan review is also required.

2.

Issuance of a permit. Following review and approval of a sign application by the planning commission or building official, as appropriate, the building official shall have the authority to issue a sign permit.

d.

Exceptions. A sign shall not be enlarged or relocated except in conformity with the provisions set forth herein for new signs, nor until a proper permit has been secured. However, a new permit shall not be required for ordinary servicing or repainting of an existing sign message, cleaning of a sign, or changing of the message on a changeable copy sign. Furthermore, a permit shall not be required for certain exempt signs listed in subsection (d)(1) of this section.

(2)

Inspection and maintenance.

a.

Inspection of new signs. All signs for which a permit has been issued shall be inspected by the building official when erected. Approval shall be granted only if the sign has been constructed in compliance with the approved plans and applicable zoning chapter and building code standards. In cases where fastenings or anchorages are to be eventually bricked in or otherwise enclosed, the sign erector shall advise the building official when such fastenings are to be installed so that inspection may be completed before enclosure.

b.

Inspection of existing signs. The building official shall have the authority to routinely enter onto property to inspect existing signs. In conducting such inspections, the building official shall determine whether the sign is adequately supported, painted to prevent corrosion, and so secured to the building or other support to safely bear the weight of the sign and pressure created by the wind.

c.

Correction of defects. If the building official finds that any sign is unsafe, insecure, improperly constructed, or poorly maintained, or otherwise in violation of this chapter, the sign erector, owner of the sign, or owner of the land shall make the sign safe, secure, and in conformance with this chapter by completing any necessary reconstruction or repairs, or entirely remove the sign in accordance with the timetable established by the building official.

(3)

Removal of obsolete signs. Any sign that no longer identifies a business that is in operation, or that identifies an activity or event that has already occurred, shall be considered abandoned and shall be removed by the owner, agent, or person having use of the building or structure. Upon vacating a commercial or industrial establishment, the proprietor shall be responsible for removal of all signs used in conjunction with the business. However, where a conforming sign structure and frame are typically reused by a current occupant in a leased or rented building, the building owner shall not be required to remove the sign structure and frame in the interim periods when the building is not occupied, provided that the sign structure and frame are maintained in good condition.

(4)

Nonconforming signs. No nonconforming sign shall be altered or reconstructed, unless the alteration or reconstruction is in compliance with this chapter, except that nonconforming signs shall comply with the following regulations:

a.

Repairs and maintenance. Normal maintenance shall be permitted, provided that any nonconforming sign that is destroyed by any means to an extent greater than 50 percent of the sign's pre-catastrophe fair market value, exclusive of the foundation, shall not be reconstructed. Normal maintenance shall include painting of chipped or faded signs; replacement of faded or damaged surface panels; or, repair or replacement of electrical wiring or electrical devices.

b.

Nonconforming changeable copy signs. The message on a nonconforming changeable copy sign may be changed provided that the change does not create any greater nonconformity.

c.

Substitution. No nonconforming sign shall be replaced with another nonconforming sign.

d.

Modifications to the principal building. Whenever the principal building on a site on which a nonconforming sign is located is modified to the extent that site plan review and approval is required, the nonconforming sign shall be removed.

(5)

Appeal to the zoning board of appeals. Any party who has been refused a sign permit for a proposed sign may file an appeal with the zoning board of appeals, in accordance with article XXVIII of this chapter. In determining whether a variance is appropriate, the zoning board of appeals shall, addition to other review criteria specified in said article XXVIII of this chapter, study the sign proposal, giving consideration to any extraordinary circumstances, such as those listed, that would cause practical difficulty in complying with the sign standards. The presence of any of the circumstances listed may be sufficient to justify granting a variance; however, the zoning board of appeals may decline to grant a variance even if certain of the following circumstances are present:

a.

Permitted signage could not be easily seen by passing motorists due to the configuration of existing buildings, trees, or other obstructions.

b.

Permitted signage could not be seen by passing motorists in sufficient time to permit safe deceleration and exit. In determining whether such circumstances exist, the zoning board of appeals shall consider the width of the road, the number of moving lanes, the volume of traffic, and speed limits.

c.

Existing signs on nearby parcels would substantially reduce the visibility or advertising impact of a conforming sign on the subject parcel.

d.

Construction of a conforming sign would require removal or severe alteration to natural features on the parcel, such as but not limited to: removal of trees, alteration of the natural topography, filling of wetlands, or obstruction of a natural drainage course.

e.

Construction of a conforming sign would obstruct the vision of motorists or otherwise endanger the health or safety of passersby.

f.

Variances from certain sign regulations would be offset by increased building setback, increased landscaping, or other such enhancements, so that the net effect is an improvement in appearance of the parcel, compared to the result that would be otherwise achieved with construction of a conforming sign.

g.

A sign which exceeds the permitted height or area standards of this chapter would be more appropriate in scale because of the large size or frontage of the parcel or building.

(d)

Exempt; prohibited; temporary signs.

(1)

Permitted exempt signs. A sign permit shall not be required for the following signs, which shall be permitted subject to applicable provisions herein:

a.

Address numbers with a numeral height no greater than six inches for residences and 18 inches for businesses.

b.

Nameplates identifying the occupants of the building, not to exceed two square feet.

c.

Memorial signs or tablets.

d.

Signs on a bus, truck, trailer, or other vehicle while operated and used for transport in the normal course of a business, provided that the primary uses of the vehicle displaying the sign shall not be for the purpose of advertising a business on the premises where the vehicle is parked.

e.

Public signs, including the authorized signs of a government body or public utility, including traffic signs, legal notices, railroad crossing signs, warnings of a hazard, and similar signs.

f.

Flags bearing the official design of a nation, state, municipality, educational institution, or noncommercial organization.

g.

Incidental signs, provided that total of all such signs shall not exceed two square feet.

h.

Private traffic control signs which conform to the requirements of the Michigan Manual of Uniform Traffic Control Devices.

i.

One private parking lot and driveway identification sign, not to exceed three square feet per sign and six feet in height.

j.

Permanent signs on vending machines, gas pumps, or ice containers indicating only the contents of such devices, provided that the sign area of each device shall not exceed six square feet.

k.

Portable real estate "open house" signs with an area no greater than four square feet.

l.

"Help wanted" signs soliciting employees for the place of business where posted, provided that the maximum area for all such signs shall be six square feet.

m.

Any sign which is located completely within an enclosed building, and which is not visible from outside the building.

n.

Plaques or signs designating a building as a historic structure.

o.

"No Trespassing," "No Hunting," and "No Dumping" signs.

p.

Signs used to direct vehicular or pedestrian traffic to parking areas, loading areas, or to certain buildings or locations on the site, subject to the following conditions:

1.

Directional signs shall not contain logos or other forms of advertising.

2.

Directional signs shall not exceed four square feet in area, or four feet in height.

3.

Directional signs may be located in the front setback area, provided they are setback at least 15 feet from the existing or planned right-of-way line.

q.

Within the M-1 or M-2 districts, safety signs shall be permitted to adequately protect any condition unsafe or dangerous to the public welfare as may be required by the director of public safety or city engineer.

(2)

Prohibited signs. The following signs are prohibited in all districts:

a.

Any sign not expressly permitted.

b.

Signs which incorporate flashing or moving lights; including time and temperature or stock market signs.

c.

Banners, pennants, festoons, spinners, and streamers, unless specifically permitted elsewhere in this chapter.

d.

String lights used for commercial purposes, other than holiday decorations.

e.

Moving signs, including any sign which has any visible moving parts, visible revolving parts, visible mechanical movement, or other visible movement achieved by electrical, electronic, or mechanical means, including intermittent electric pulsations or movement caused by normal wind current.

f.

Any sign or sign structure which:

1.

Is structurally unsafe;

2.

Constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment;

3.

Is capable of causing electric shock to person who comes in contact with it; or

4.

Is not kept in good repair, such that it has broken parts, missing letters, or non-operational lights.

g.

Any sign erected on a tree or utility pole, except signs of a government or utility.

h.

Obsolete signs, as specified in this subsection (c)(3) of this section.

i.

Portable signs, except where expressly permitted in this chapter.

j.

Signs affixed to a parked vehicle or truck trailer which is being used principally for advertising purposes, rather than for transportation purposes.

k.

Any sign which obstructs free access to or egress from a required door, window, fire escape, or other required exit.

l.

Any signs which makes use of the words "Stop", "Look", or "Danger", or any other words, phrases, symbols, or characters, in such a manner as to interfere with, mislead, or confuse traffic.

m.

Any sign containing obscene, indecent, or immoral matter.

n.

Any sign unlawfully installed, erected, or maintained.

o.

Roof signs.

p.

Projecting signs.

q.

Sandwich signs.

r.

Signs on street furniture, such as benches and trash receptacles.

s.

Real estate signs no longer valid due to the sale, rental, or lease of the property.

(3)

Temporary signs. Temporary signs shall be permitted subject to the following requirements:

a.

Construction signs. Construction signs shall be permitted in all districts, shall be ground or wall mounted, shall not exceed 64 square feet in area, shall not exceed 15 feet in height, shall be permitted at a rate not exceeding one sign per corresponding building permit, shall require a sign permit, shall comply with the setback requirements for the district in which they are located, and shall be permitted from the time of building permit issuance until the time of certificate of occupancy issuance.

b.

Residential real estate signs. Residential real estate signs shall be permitted in residential districts, shall be ground mounted, shall not exceed six square feet in area, shall not exceed six feet in height, shall be permitted at a rate not exceeding one sign per parcel (with two signs permitted on a corner parcel), shall not require a sign permit, shall comply with the setback requirements for the district in which they are located, and shall be permitted during the time of sale or lease and not later than 30 days thereafter.

c.

Business or vacant lot real estate signs. Business or vacant lot real estate signs shall be permitted in commercial and industrial districts, shall be ground or wall mounted, shall not exceed 16 square feet in area within commercial districts and shall not exceed 50 square feet in industrial districts, shall not exceed ten feet in height, shall be permitted at a rate not exceeding one sign per parcel (with two signs permitted on a corner parcel), shall not require a sign permit, shall comply with the setback requirements for the district in which they are located, and shall be permitted during the time of sale or lease and not later than 30 days thereafter.

d.

Unplatted vacant land real estate signs. Unplatted vacant land real estate signs shall be permitted in all districts, shall be ground mounted, shall not exceed 64 square feet in area, shall not exceed ten feet in height, shall be permitted at a rate not exceeding one sign per parcel, with two signs permitted on a corner parcel, shall require a sign permit, shall comply with the setback requirements for the district in which they are located, and shall be permitted during the time of sale or lease and not later than 30 days thereafter.

e.

Real estate development signs. Real estate development signs shall be permitted in all districts, shall be ground mounted, shall not exceed 64 square feet in area, shall not exceed ten feet in height, shall be permitted at a rate not exceeding one sign per frontage on a major or secondary thoroughfare, shall require a sign permit, shall comply with the setback requirements for the district in which they are located, and shall be permitted during the time of sale or lease of all lots or units and not later than 30 days thereafter.

f.

Grand opening signs. Grand opening signs shall be permitted in commercial districts, shall be ground or wall mounted, shall not exceed 16 square feet in area, shall not exceed ten feet in height, shall be permitted at a rate not exceeding one sign per corresponding business, shall not require a sign permit, shall comply with the setback requirements for the district in which they are located, and shall be permitted for a single period not exceeding 60 days.

g.

Garage sale signs. Garage sale signs shall be permitted in residential districts, shall be ground or wall mounted, shall not exceed two square feet in area, shall not exceed five feet in height, shall be permitted at a rate not exceeding two signs per corresponding garage sale, shall not require a sign permit, may be located within the setback required by the district in which they are located, but may not be located within a public right-of-way, and shall be permitted only during the corresponding garage sale.

h.

Community or special event signs. Community or special event signs may include ground or wall signs, banners, pennants, or similar displays, shall be permitted in all districts, shall be subject to planning commission approval, shall require a no-fee sign permit, shall comply with the setback requirements for the district in which they are located, and shall be permitted only during the corresponding community or special event.

i.

Political signs. Political signs shall be permitted in all districts, shall be ground or wall mounted, shall not exceed 16 square feet in area for ground signs in residentially zoned districts or 32 square feet in area for wall/ground signs in all other districts, shall not exceed ten feet in height, shall be permitted at a rate not exceeding two signs per parcel, may be located within the setback required by the district in which they are located, but may not be located within a public right-of-way, and shall be permitted during the period 30 days prior before and seven days after the date of the corresponding election.

j.

Window signs. Window signs may include paper or fabric displays, shall be permitted in commercial districts, shall be counted along with permanent window signs in terms of total area for window signs and total area for wall signs, shall (along with permanent window signs) not exceed one-third of the corresponding total window area, shall not require a sign permit, and shall be permitted for a single period not exceeding 30 days, with faded, yellowed, ripped, or otherwise damaged signs to be removed immediately.

(4)

Church signs. Church signs shall be permitted subject to the same standards as other signs in the district in which the church is located. However, churches in residential districts may erect signs for the purposes of identification of the church or church affiliated school, parsonage, or other facility; advertising the time or subject of church services; or, presenting other related information. Such signs shall be subject to the following standards:

a.

Number. There shall be no more than one sign per parcel, except on a corner parcel, two signs, one facing each street shall be permitted. One additional sign shall be permitted for each school, parsonage, or other related facility.

b.

Size. The maximum size of each such sign shall be 20 square feet.

c.

Location. Signs shall comply with the setback requirements for the district in which they are located.

d.

Height. The maximum height of church signs shall be eight feet.

(e)

Design standards.

(1)

Construction standards.

a.

General requirements. All signs shall be designed and constructed in a safe and stable manner in accordance with the city's adopted building code and electrical code. All electrical wiring associated with a freestanding sign shall be installed underground.

b.

Building code. All signs shall be designed to comply with minimum wind pressure and other requirements set forth in the adopted building code.

c.

Framework. All signs shall be designed so that the supporting framework, other than the supporting poles on a freestanding sign, is contained within or behind the face of the sign or within the building to which it is attached so as to be totally screened from view.

d.

Nautical theme. Signs which are subject to review by the planning commission as outlined in this chapter shall be designed using a nautical theme, as defined in this chapter.

(2)

Illumination.

a.

General requirements. Signs shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign, or internal to it.

b.

Non-glare, shielded lighting. Use of glaring, unshielded or unfiltered lights or bulbs shall be prohibited. Lights shall be shielded so as not to project onto adjoining properties or thoroughfares.

c.

Traffic hazards. Sign illumination that could distract motorists or otherwise create a traffic hazard shall be prohibited.

d.

Bare bulb illumination. Illumination by bare bulbs or flames is prohibited.

e.

Exceptions. Signs constructed of translucent material and lit wholly from within do not require shielding, dark backgrounds with light lettering are preferred.

(3)

Location.

a.

Within a public right-of-way. No sign shall be located within, project into, or overhang a public right-of-way, except as otherwise permitted herein.

b.

Compliance with setback requirements. All signs shall comply with the setback requirements for the district in which they are located, except as otherwise permitted herein.

c.

Motorist and pedestrian visibility. Signs shall be located so as not to interfere with or otherwise obstruct motorist or pedestrian visibility.

(4)

Measurement.

a.

Sign area. Sign area shall be computed as follows:

1.

General requirements. Where a sign consists of a generally flat surface or sign face on which lettering and other information is affixed, the sign area shall be computed by measuring the entire face of the sign.

2.

Individual letters. Where a sign consists of individual letters and logos affixed directly to a building, the area of the sign shall be computed by measuring the area of the envelope required to enclose the lettering and logo.

3.

Freestanding sign. The area of a double-faced freestanding sign shall be computed using only one face of the sign provided that the outline and dimensions of both faces are identical, and the faces are back-to-back so that only one face is visible at any given time.

4.

Ground sign. The area of a ground sign shall be computed by measuring the entire vertical surface of a face upon which the letters and logo are attached. In the case of a multi-faced ground sign, the area of the sign shall be computed using only one face of the sign.

5.

Cylindrical sign. The area of a cylindrical ground sign shall be computed by multiplying the diameter of the cylinder by its height.

b.

Setback and distance measurements. The following guidelines shall be used to determine compliance with setback and distance measurements:

1.

Distance between signs. The distance between two signs shall be measured along a straight horizontal line that represents the shortest distance between the two signs.

2.

Distance between sign, parking lot and building. The distance between a sign and a parking lot or building shall be measured along a straight horizontal line that represents the shortest distance between the outer edge of the parking lot or building.

3.

Distance between sign, building and property line. The distance between a sign and a building or property line shall be measured along a straight horizontal line that represents the shortest distance between the sign and the building.

(5)

Materials. Unless exempt from the provisions of this chapter or otherwise determined by the planning commission, all commercial and business signs shall be constructed of a carved or sandblasted wood finish, or similar construction as determined by the planning commission, and shall further be designed to include a nautical theme. For the purposes of this chapter, a nautical theme shall be interpreted as a style of design that resembles or make reference to boating or yachting related activities, accessories, water-sports, and other concepts typical of waterfront communities and activities.

(f)

Residential district signs. The following signs shall be permitted in all districts zoned for residential use, as well as in any planned development where residential uses do exist or would be permitted:

(1)

Nameplate and street address. A nameplate sign and street address shall be permitted in accordance with the provisions of subsection (d)(1) of this section.

(2)

Real estate signs. Real estate signs shall be permitted in accordance with the provisions of subsection (d)(3) of this section.

(3)

Garage sale signs. Garage sale signs shall be permitted in accordance with the provisions of subsection (d)(3) of this section.

(4)

Church signs. Church signs shall be permitted in accordance with the provisions of subsection (d)(5) of this section.

(5)

Residential entranceway signs. Permanent entranceway signs shall be permitted in accordance with the following requirements:

a.

If located on an entranceway structure, then the sign shall cover no more than 50 percent of the entranceway structure, with the structure not to exceed five feet in height or 60 square feet in area. If the sign is freestanding and not on an entranceway structure then it shall not exceed 36 square feet in area, with the sign not to exceed five feet in height.

b.

There shall be no more than one such sign located at each entrance to a subdivision or development.

c.

Signs shall be located on private property and outside any rights-of-way, but may be located in the median of a boulevard entrance to a subdivision or other residential development (in the road right-of-way), subject to approval by the county department of public services and subject to compliance with city motorist and pedestrian visibility requirements.

(6)

Signs for nonconforming uses. Each nonconforming nonresidential use in a residential district shall be permitted one wall-mounted sign, subject to the following requirements:

a.

The maximum size for such a sign shall be two square feet.

b.

No such sign shall be intentionally lighted.

(g)

Nonresidential district signs. The following signs shall be permitted in all districts (office, commercial, and industrial) zoned for other than residential use, as well as in any planned development where residential uses do not exist or would not be permitted:

(1)

Signs for residential district uses in a nonresidential district. Signs for nonconforming residential district uses in a nonresidential district shall be governed by the sign regulations for residential district uses set forth in subsection (d)(3) of this section.

(2)

Signs for nonconforming nonresidential uses. Signs for nonconforming nonresidential uses in an office, commercial, or industrial district (for example, a nonconforming commercial use in an industrial district) shall be governed by the sign regulations which are appropriate for the type of use, as specified in subsection (g) of this section.

(3)

Wall signs. Wall signs shall be permitted in office, commercial, and industrial districts, subject to the following regulations:

a.

Number. One wall sign shall be permitted per street or highway frontage on each parcel. Tenants who occupy a corner space in a multi-tenant structure shall be permitted to have one sign on each side of the building. Where several tenants use a common entrance in a multi-tenant structure, only one wall sign shall be permitted, but the total sign area should be allocated on an equal basis to all tenants.

b.

Size. The total area of a wall sign shall not exceed five percent of the ground floor building facade area or 24 square feet, whichever is less.

c.

Location. One wall sign may be located on each side of a building that faces a street or highway.

d.

Vertical dimensions. The maximum vertical dimension of any wall sign shall not exceed one-third of the building height.

e.

Horizontal dimensions. The maximum horizontal dimension of any wall-mounted sign shall not exceed three-fourths of the width of the building.

f.

Height. The top of a wall sign shall not be higher than whichever of the following is lowest:

1.

Fifteen feet above the front sidewalk elevation and not extending above the base of the second floor window sill, parapet, eave or building facade.

2.

The maximum height specified for the district in which the sign is located.

3.

The top of the sills at the first level on windows above the first story.

4.

The height of the building facing the street on which the sign is located.

(4)

Freestanding signs. Freestanding signs shall be permitted in office, commercial, and industrial districts subject to the following regulations:

a.

Number. One freestanding sign shall be permitted per street or highway frontage on each parcel. In multi-tenant buildings or shopping centers the sign area may be allocated for use by individual tenants.

b.

Size. The total area of the freestanding sign shall not exceed one square foot per two lineal feet of lot frontage, but in no case shall the freestanding sign exceed 50 square feet in area.

c.

Setback from the right-of-way. Freestanding signs may be located in the required front yard, provided that no portion of any such sign shall be located closer than 15 feet to the existing or planned right-of-way line. If a parcel is served by a private road or service road, no portion of a freestanding sign shall be closer than five feet to the edge of the road. No portion of a freestanding sign shall be located closer than 25 feet to the right-of-way of an interstate freeway.

d.

Setback from residential districts. Freestanding signs shall be located no closer to any residential district than as follows:

1.

From a C-1, C-2, C-3, M-1, M-2, or PCD district no closer than 100 feet.

2.

From a POD district, no closer than 50 feet.

e.

Height. The height of a freestanding sign in any nonresidential district shall not exceed ten feet.

(5)

Marquee signs. Marquee signs shall be permitted for theaters located in commercial districts, subject to the following requirements:

a.

Construction. Marquee signs shall consist of hard incombustible materials. The written message shall be affixed flat to the vertical face of the marquee.

b.

Vertical clearance. A minimum vertical clearance of ten feet shall be provided beneath any marquee.

c.

Projection. Limitations imposed by this chapter concerning projection of signs from the face of a wall or building shall not apply to marquee signs, provided that marquee signs shall comply with the setback requirements for the district in which they are located.

d.

Number. One marquee shall be permitted per street frontage.

e.

Size. The total size of a marquee sign shall not exceed 1½ square feet per lineal foot of building frontage.

f.

Compliance with size requirements for wall signs. The area of permanent lettering on a marquee sign shall be counted in determining compliance with the standards for total area of wall signs permitted on the parcel.

(6)

Awnings and canopies. Signs on awnings and canopies in commercial, office, and industrial districts shall be permitted, subject to the following standards:

a.

Coverage. The total area of the lettering and logo shall not exceed 25 percent of the total area of the awning or canopy that is visible from the street.

b.

Compliance with size requirements for wall signs. The area of signs on awnings or canopies shall be counted in determining compliance with the standards for total area of wall signs permitted on the parcel.

c.

Projection. Limitations imposed by this chapter concerning projection of signs from the face of a wall or building shall not apply to awning and canopy signs, provided that such signs shall comply with the setback requirements for the district in which they are located.

(7)

Gasoline price signs. Gasoline price signs shall be permitted subject to the following standards:

a.

Number. One gasoline price sign shall be permitted for each gas station.

b.

Size. Gasoline price signs shall not exceed 20 square feet in area. Gasoline price signs shall be counted in determining compliance with the standards for total area of wall or freestanding signs permitted on the parcel.

c.

Setback. Gasoline price signs shall comply with the setback and height requirements specified for freestanding signs in the district in which the signs are located.

(8)

Temporary signs. Temporary signs shall be permitted in accordance with the provisions of subsection (d)(3) of this section.

(9)

Window signs. Temporary and permanent window signs shall be permitted on the inside in commercial and office districts provided that the total combined area of such signs (including incidental signs) shall not exceed one-fourth of the total window area. The area of permanent window signs shall be counted in determining compliance with standards for total area of wall signs on the parcel. Temporary window signs shall comply with the provisions of subsection (d)(3) of this section.

(10)

Entranceway signs. Permanent entranceway signs shall be permitted in accordance with the following requirements:

a.

If located on an entranceway structure, then the sign shall cover no more than 50 percent of the entranceway structure, with the structure not to exceed five feet in height or 60 square feet in area. If the sign is freestanding and not on an entranceway structure then it shall not exceed 36 square feet in area, with the sign not to exceed five feet in height.

b.

There shall be no more than one such sign located at each entrance to a subdivision or development.

c.

Signs shall be located on private property and outside any rights-of-way, but may be located in the median of a boulevard entrance to a subdivision or other residential development (in the road right-of-way), subject to approval by the county department of public services and subject to compliance with city motorist and pedestrian visibility requirements.

(Code 1969, § 5.46; Code 1977, § 28-74; Ord. No. 171, 6-26-1989; Ord. No. 293, § 2, 12-9-2002; Ord. No. 332, § 2, 8-11-2008; Ord. No. 422, Art. I, 5-13-2024)

Removal of soil, sand, gravel, etc., from the land, is controlled by chapter 10.

(Code 1969, § 5.47; Code 1977, § 28-75)

The dumping of any waste, scrap, rubbish, fill dirt, fill material or commercial refuse, is controlled by ordinance.

(Code 1969, § 5.48; Code 1977, § 28-76)

Circuses, fairs, carnivals and similar uses may be allowed in any district on approval of the board of appeals.

(Code 1969, § 5.49; Code 1977, § 28-77)

Essential services shall be permitted as authorized under any franchise or as may be regulated by any law of the state or any provision of this Code, it being the intention hereof to except such essential services from the application of this chapter.

(Code 1969, § 5.50; Code 1977, § 28-78)

Every building or structure hereafter erected or structurally altered for use as a dwelling shall have the following minimum residential unit floor areas:

(1)

One-family dwellings: .....

a.  One story .....1,200 square feet

b.

1½ story: .....

First floor .....800 square feet

Total floor area .....1,300 square feet

c.

Two story: .....

First floor .....800 square feet

Total floor area .....1,400 square feet

(2)  Efficiency unit .....450 square feet

(3)

Two-, multiple- and single-family terrace units: .....

a.  One bedroom .....750 square feet

b.  For each additional bedroom, library, recreation or
family room, add .....250 square feet

Provided further, however, that where the dwelling is to be constructed on a previously platted lot, which is under 4,800 square feet in area, the size of such dwelling shall be required to have a first floor area within the range of 20 percent to 25 percent of the square foot area of said previously platted lot. That is to say, the first floor shall occupy a minimum of 20 percent or a maximum of 25 percent of said lot area.

(Code 1969, § 5.51; Code 1977, § 28-79; Ord. No. 23-Q, 9-28-1970; Ord. No. 23-UU, 5-31-1988)

In the development and execution of this section and sections 44-106 and 44-107, it is recognized that there are some uses which because of their very nature are recognized as having serious objectionable operational characteristics. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting and downgrading of the surrounding neighborhood. These special regulations are itemized in these sections. The primary control or regulation is for preventing such uses from intruding into residential districts or areas, or areas occupied by churches, parks or schools.

(Code 1977, § 28-80; Ord. No. 167, 5-8-1989)

No adult motion picture theatre or adult mini-motion picture theatre, as defined in section 8-69, shall be permitted within 500 feet of any residential zone, single-family or multifamily dwelling, church, park or school.

(Code 1977, § 28-81; Ord. No. 167, 5-8-1989)

The zoning board of appeals may, in its sole discretion, waive the 500 feet restriction upon a finding:

(1)

That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of sections 44-105, 44-106 and this section will be observed.

(2)

That the proposed use will not enlarge or encourage the development of blighted areas.

(3)

That the establishment of the proposed use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal.

(4)

That all applicable regulations of sections 44-105, 44-106 and this section will be observed.

(Code 1977, § 28-82; Ord. No. 167, 5-8-1989)

Portable storage containers shall be allowed by permit issued by the building official, in any yard, on lots containing a permitted principal use, subject to all of the following:

(1)

Portable storage containers shall be permitted for a period not to exceed 60 days within a six-month period; however, the building official may grant an extension provided the property owner has demonstrated that extenuating circumstances exist which are outside of the ordinary control of the property owner. Extenuating circumstances shall include, but are not necessarily limited to, property damage produced by any force of nature which is irresistible such as lightning, fires, flooding, tornadoes, or earthquakes, or delays during bona fide construction activity allowed by permit for a building or structure caused by difficulties in securing tradesmen, building materials or equipment.

(2)

The property owner, as well as the supplier, shall be responsible for ensuring that any portable storage container is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, tearing, or other holes or breaks, at all times.

(3)

No portable storage container may be used for flammable or explosive materials, solid waste, construction debris, demolition, debris, recyclable materials, or materials related to a business, home occupation, or home-based business located off the premises.

(4)

Any portable storage container shall be placed on private property in the least conspicuous location available to minimize disturbance to any neighboring property owner, resident or use, and in a manner that does not endanger the safety of persons or property in its immediate vicinity. In no instance shall any portable storage container be located within any public easement or right-of-way, or in any location which blocks or interferes with the safe ingress and egress to dwellings, prevents access to essential services, or impedes public safety operations.

(5)

Portable storage containers shall not exceed a height of 8½ feet, a length of 20 feet, and a width of eight feet.

(6)

Portable storage containers shall be placed on a concrete or asphalt paved surface, or be elevated not less than six inches, to prevent the harboring of rodents.

(Ord. No. 356, 10-25-2010)

(a)

Intent. It is the intent of this section to give effect to the intent of the Michigan Medical Marihuana Act, Public Act 2008 Initiated Law, MCL 333.26421 et seq. (hereinafter "Act") as approved by the electors and not to determine and establish an altered policy with regard to marihuana. These provisions are designed to recognize the fundamental intent of the Act to allow the creation and maintenance of a private and confidential patient-caregiver relationship to facilitate the statutory authorization for the limited cultivation, storage, distribution and use of marihuana for medical purposes; and to regulate this fundamental intent in a manner that does not conflict with the Act so as to address issues that would otherwise expose the city and its residents to significant adverse conditions. In consideration of this concern, local regulations enumerated below generally provide that: the primary caregiver must reside in the dwelling where his/her medical marihuana is cultivated and/or stored; medical marihuana primary caregiver activity only occur within a single-family dwelling located in the R-1 one-family residential district except as otherwise set forth herein; and, the distribution and use of medical marihuana occur on the lot, parcel, or site condominium unit occupied by the qualifying patient. Nothing in this section shall be construed as allowing persons to engage in conduct that endangers others or causes a public nuisance, or to allow the use, cultivation, growth, possession or control of marihuana not in strict accordance with the express authorizations of the Act and these regulations; and nothing in this section shall be construed to undermine or provide immunity from federal and state law as it may be enforced by the federal or state government relative to the cultivation, storage, distribution or use of marihuana.

(b)

Definitions. The following definitions shall apply for purposes of this section:

(1)

Dispensary means any operation where marihuana is distributed to a qualifying patient by someone other than his or her designated primary caregiver.

(2)

Marihuana means the substance defined as such in Section 7106 of the Public Health Code, Public Act No. 368 of 1978 PA 368, MCL 333.7106.

(3)

Michigan Medical Marihuana Act or Act means the Michigan Initiated Law 1 of 2008, MCL 333.26421 et seq.

(4)

Primary caregiver means a primary caregiver as defined under MCL 333.26423(h) of the Act, and who has been issued and possesses a registry identification card under the Act.

(5)

Qualifying patient means a qualifying patient as defined under MCL 333.26423(i) of the Act, and who has been issued and possesses a registry identification card under the Act.

(6)

Registry identification card means the document defined as such under MCL 333.26423(j) of the Act and which is issued by the State of Michigan to identify a person as a registered qualifying patient or registered primary caregiver.

(7)

Collective ingestion facility means a facility that allows multiple qualifying patients to consume or ingest medical marihuana upon the premises. This term does not encompass the consumption or ingestion of medical marihuana by a qualifying patient at his/her residence or at a hospital or hospice at which the qualifying patient is receiving care.

(8)

Enclosed locked facility means a facility as defined by MCL 333.26423(d) of the Act.

(c)

Remainder of article; effect of permit approval. In recognition of the unique nature of the medical marihuana home occupation provided for hereunder, the conditions and requirements set forth in section 44-288(10) for home occupations shall not be applicable to medical marihuana home occupations. In addition, the issuance of a medical marihuana home occupation permit hereunder shall relieve the applicant from any obligation of site plan review or a land use permit for the activity authorized thereunder.

(d)

Regulations.

(1)

Medical marihuana home occupation permit requirement.

a.

The cultivation, storage and/or distribution of marihuana by a primary caregiver conducted in accordance with the Act shall only occur within a single-family dwelling located in the R-1 one-family residential zoning district subject to the terms and conditions set forth in this section. Except as set forth in subsection (f) below, no such cultivation, storage and/or distribution shall be lawful in this city unless and until the location of the premises in which such primary caregiver activity is conducted has received a medical marihuana home occupation permit under this section.

b.

Application for permit. The requirement of this section is to require a permit for a location and not to license persons. A confidential application for a medical marihuana home occupation permit on a form approved by the city shall be submitted to the city police chief. An application shall:

1.

Not require the name, home address or date of birth of a qualifying patient.

2.

Include the name of the primary caregiver (or medical marihuana home occupation permit holder, if different), and the address of the premises (lot, parcel, or site condominium unit).

3.

Describe the enclosed locked facility in which any and all cultivation of marihuana is proposed to occur or where marihuana will be stored, with such description including the location of the facility in the building.

4.

For safety and other code inspection purposes, it shall describe and provide detailed specifications of equipment proposed to be used to facilitate the cultivation and harvesting of marihuana plants including, but not necessarily limited to, lighting, HVAC, electrical service, and plumbing.

5.

Contain such other information as the city determines is needed for the administration of this section or to ascertain satisfaction of the standards for the granting of a permit hereunder.

c.

Permit application and administrative fees. No application shall be approved for a medical marihuana home occupation permit, and no annual inspection of the premises as required under section 44-109(d)(2)j. shall occur, without payment of a nonrefundable application fee to help defer the cost of administering and enforcing the provisions of this section. Fees shall be set by resolution of the city council and may be adjusted from time to time thereafter as the city council deems appropriate.

d.

Confidentiality. It is the intent of this section that the information acquired through the permitting procedure prescribed herein shall be accessible to the city, Michigan construction code, fire code enforcement officials, and law enforcement officials and their support personnel, in the performance of their duties and shall otherwise remain confidential and not subject to public disclosure except as otherwise required by law.

e.

Prior use. Any use which purports to have engaged in the medical use or distribution of marihuana prior to the enactment of this section shall be deemed not to have been a legally established use under the provisions of the zoning ordinance, and such use shall not be entitled to claim legal nonconforming status.

(2)

Requirements and standards for approval of permit and for the activity permitted.

a.

There shall be not more than one primary caregiver operating upon the lot, parcel, or site condominium unit for which a permit is requested. The primary caregiver shall reside within the dwelling located upon the lot, parcel, or site condominium unit for which a permit is requested. A primary caregiver may assist not more than five qualifying patients with their medical use of marihuana.

b.

The lot, parcel, or site condominium unit for which a permit is requested shall not be located:

1.

Within 1,000 feet of a public or private elementary or secondary school, public or private preschool or licensed daycare facility.

2.

Within 500 feet of a public park, public beach, public recreational area, or place of worship (church).

3.

Within 500 feet of another lot, parcel, or site condominium unit for which a medical marihuana home occupation permit has been issued pursuant to this section.

4.

Measurements for purposes of this subsection shall be made from the parcel or lot line, or site condominium unit boundary, to the applicable property or boundary line of the preschool, school, daycare facility, public park, public beach, public recreational area, or a lot, parcel or site condominium unit which previously received a medical marihuana home occupation permit.

c.

Subject to the exceptions set forth in subsection 44-109(f) below, the medical marihuana primary caregiver activity shall occur only within a single-family dwelling located in the R-1 one-family residential zoning district under the ownership of the primary caregiver. The primary caregiver activity shall at all times be subordinate and incidental to the use of the dwelling as a residence.

d.

The primary caregiver shall be allowed to cultivate not more than 12 marihuana plants for each of his/her qualifying patients. All marihuana and marihuana plants shall be contained inside the main residential structure except when being delivered by the primary caregiver to a qualifying patient off-site.

e.

That portion of the single-family dwelling unit used for the growing, processing, or storage of medical marihuana shall not exceed a gross floor area of 150 square feet.

f.

All medical marihuana must be kept in an enclosed locked facility to which only the registered patient and/or primary caregiver have access.

g.

The primary caregiver shall not distribute or allow the use of marihuana by the qualifying patients he/she is designated to serve upon the lot, parcel, or site condominium unit for which a permit is issued hereunder unless the qualifying patient resides therein.

h.

The distribution of ancillary products by the primary caregiver shall be permitted, subject to any city business licensing requirements.

i.

If a residential room with windows is utilized as a marihuana growing location, any lighting methods that exceed usual residential use between the hours of 10:00 p.m. and 6:00 a.m. shall employ shielding methods to prevent ambient light spillage that causes or creates a distraction or nuisance to any adjacent residential properties.

j.

All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of a premises in which electrical wiring, lighting and/or watering devices are located, installed or modified that support the cultivation or harvesting of marihuana. Prior to a permit issued hereunder taking effect and the commencement of primary caregiver activities, the premises shall be inspected for compliance with applicable provisions of the Michigan Construction Code and Fire Code. The premises shall be inspected annually thereafter for continued compliance with all applicable zoning ordinance and construction code and fire code requirements.

k.

There shall be no sign identifying the premises as a site at which marihuana is cultivated, harvested or distributed.

l.

The primary caregiver activities conducted on the premises for which a medical marihuana home occupation permit is granted hereunder shall be in conformance with the application approved hereunder, the Act, and the administrative rules promulgated pursuant to the Act.

m.

Nothing in this section shall be deemed to allow dispensaries or collective ingestion facilities, which are hereby strictly prohibited.

(e)

Disclaimer of immunity. Nothing in this section shall be construed as allowing the use, cultivation, distribution or possession of marihuana not in strict compliance with the express provisions of the Act and the provisions of this section. Further, nothing in this section shall be construed to undermine or provide immunity from federal or state law as it may be enforced by the federal or state government relative to the use, cultivation, distribution or possession of marihuana or to prevent prosecution thereunder.

(f)

Exceptions. This section shall not be deemed to prohibit or restrict or require a permit for the following:

(1)

The cultivation, storage and/or use of marihuana by a qualifying patient solely for his/her personal use at his/her residence or at a hospital or hospice at which he/she is receiving care and in accordance with the provisions of the Act and the administrative rules adopted thereunder.

(2)

The cultivation, storage and/or distribution of marihuana in accordance with the Act by a primary caregiver solely to provide services to not more than one qualifying patient who is a member of the primary caregiver's household and whose residence is shared with the primary caregiver.

(3)

The provision of assistance to a qualifying patient by his/her designated primary caregiver relating to medical marihuana use, including distribution or other assistance, in accordance with the Act and the administrative rules adopted thereunder, at the residence of the qualifying patient or at a hospital or hospice at which the qualifying patient is receiving care.

(g)

Enforcement. Any violation of this section shall be considered a civil infraction.

(Ord. No. 376, 2-23-2015)

(a)

Purpose and intent. The general purpose and intent of these regulations is to regulate the establishment of wireless communications equipment in recognition of the public need and demand for advanced telecommunication and information technologies and services balanced against the impacts such facilities may have on properties within the city. It is the further purpose and intent of these regulations to:

(1)

Provide for the appropriate location and development criteria for wireless communication support structures and wireless communication antennas within the city;

(2)

Ensure access to reliable wireless communications devices throughout all areas of the city;

(3)

Minimize the adverse effects of such facilities through careful design, siting and screening criteria;

(4)

Maximize the use of existing and future wireless communications support structures and encourage multiple uses on such facilities;

(5)

Protect the character of residential areas throughout the city from the effects of wireless communications equipment and;

(6)

Promote the public health, safety, welfare, and convenience.

(b)

Definitions.

Concealed wireless communications equipment means any wireless communications equipment that is integrated as an architectural feature of an existing building or structure designed so that its purpose is not readily apparent to a casual observer.

Quasi-public use means a use conducted by, or a facility or structure owned or operated by, a nonprofit, religious, or charitable institution that provides educational, cultural, recreational, religious, or other similar types of public services.

Wireless communications antenna (WCA) means any antenna used for the transmission or reception of wireless communications signals excluding those used exclusively for dispatch communications by public emergency agencies, ham radio antennas, satellite antennas, those which receive video programming services via multipoint distribution services which are one meter (39 inches) or less in diameter and those which receive television broadcast signals.

Wireless communications equipment means all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals and may include, but is not limited to radio towers, television towers, telephone devices and exchanges, micro-wave relay towers, telephone transmission equipment buildings and commercial mobile radio service facilities. Citizen band radio facilities, short wave facilities, ham, amateur radio facilities, and satellite dishes, and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority are not included in this definition.

Wireless communications support structure (WCSS) means a monopole, guyed, or lattice type tower designed for the attachment of or as support for wireless communications antennas or other antennas.

(c)

Administrative review and approval. Wireless communications equipment is a permitted use of property in any zoning district after administrative review and approval in accordance with subsection (g) herein and is not subject to special land use approval or any other approval required under chapter 44 [zoning] under the following circumstances.

(1)

The proposed wireless communications equipment will be co-located on an existing WCSS or in an existing compound, subject to the following conditions:

a.

The existing WCSS or existing equipment compound is in compliance with the city's zoning ordinance or was previously approved by the city.

b.

The proposed co-location will not do any of the following:

1.

Increase the overall height of the WCSS by more than 20 feet or ten percent of its original height, whichever is greater.

2.

Increase the width of the WCSS by more than the minimum necessary to permit co-location.

3.

Increase the area of the existing equipment compound to greater than 2,500 square feet.

c.

The proposed co-location complies with the terms and conditions of any previous final approval of the WCSS or equipment compound by the city.

(2)

An existing structure which will serve as an attached WCSS consisting of a utility pole located within a right-of-way, where the existing pole is not proposed to be modified in a manner which, in the discretion of the city administrator, would materially alter the structure and/or result in an impairment of sight lines or other safety interests.

(3)

An existing structure of an essential service which will serve as an attached WCSS, where the existing structure is not, in the discretion of the zoning administrator, proposed to be either materially altered or materially changed in appearance.

(4)

Concealed wireless communication equipment that are less than 60 feet in height.

(5)

An existing WCSS which was lawful at the time of its construction proposed to be replaced for purposes of accommodating co-location of additional WCAs, or otherwise, subject to the following:

a.

The applicant shall cause the existing WCSS to be removed within 90 days of completion of the replacement WCSS and the relocation or installation of the WCA. In any event, the existing WCSS shall be removed within 180 days of the city's final construction inspection of the replacement WCSS.

b.

If the location of the replacement WCSS is such that the existing WCSS must be moved before the replacement WCSS is constructed, temporary portable antennae support facilities may be used, but must be removed within 30 days of the completion of the replacement WCSS and the relocation or installation of the WCA. In any event, the temporary portable antennae facilities must be removed within 60 days of the city's final construction inspection of the replacement WCSS.

c.

The replacement WCSS shall meet all the general criteria found in subsection (f) herein for the installation of a new WCSS.

(d)

Planning commission review and approval. Wireless communications equipment not permitted by administrative approval shall be permitted in any zoning district upon the approval of a site plan by the planning commission found meeting the standards and requirements set for in this section.

(e)

Commitment to co-location. Co-location or the provision of more than one WCA on a single WCSS at a single location shall be required.

(1)

A new WCSS shall not be approved unless it can be demonstrated by the applicant that there is a need for the new WCSS which cannot be met by placing a WCA on an existing WCSS or on other structures or via the replacement of an existing WCSS. Information concerning the following factors shall be considered in determining that such need exists:

a.

Insufficient structural capacity of existing WCSSs or other suitable structures and infeasibility of reinforcing or replacing an existing WCSS.

b.

Unavailability of suitable locations to accommodate system design or engineering on existing WCSSs or other structures.

c.

Radio frequency interference or other signal interference problems at existing WCSS, or others structures;

d.

The cost of using an existing WCSS or other structure exceeds the costs of permitting and constructing a new WCSS.

e.

Other factors which demonstrate the reasonable need for the new WCSS.

f.

The denial of the application for a proposed WCSS will result in unreasonable discrimination among providers of functionally equivalent personal wireless communication servers and/or will have the effect of prohibiting the provision of personal wireless communications services.

g.

The refusal of owners or parties who control a WCSS or other structure to permit a WCA to be attached to such WCSS or other structure.

(2)

In furtherance of the city's objective of requiring co-location, where possible, should it be necessary to erect a new tower or similar structure, the applicant shall provide a letter of intent to lease excess space on a facility and commit itself to:

a.

Respond to any requests for information from another potential shared-use applicant;

b.

Negotiate in good faith and allow for leased shared-use, provided it can be demonstrated that it is possible; and

c.

Make no more than a reasonable charge, based upon fair market value, for a shared-use lease.

(f)

General criteria.

(1)

The applicant shall provide written evidence that all wireless communications equipment shall be constructed in compliance with current industry standards and those required by other agencies. These are: the FCC (regarding radio frequency transmission being compliant with 47 C.F.F. § 1.1310); the FAA (requiring the submittal of a "Determination of No Hazard to Air Navigation" resulting from an aeronautical study conducted under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14, Part 77 of the Code of Federal Regulations); and, the TIA (requiring that communication towers be designed in accordance with the Telecommunications Industry Association ANSI/TIAA-222-G, "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures").

(2)

The WCSS shall not be used for advertising purposes and shall not contain any signage except signage which shall show the identity of the service provider and emergency telephone numbers.

(3)

The WCSS may be located on a zoning lot containing other principal uses. The WCSS may be located within an area smaller than the minimum lot size of the applicable zoning district provided the zoning lot complies with the applicable minimum lot size for the existing principal use or is a legal nonconforming lot. The area within which the WCSS is located shall be the area subject to the requirements of this section, rather than the entire zoning lot, unless otherwise provided herein.

(4)

The WCSS shall meet all requirements of the zoning district in which it is located which are not inconsistent with this section. Minimum yard requirements shall be measured from the boundary of the zoning lot to the closest portion of the WCSS or the accessory equipment structure or storage area, whichever is closer.

(5)

The WCSS shall have a landscaped buffer so that the base of the WCSS and accessory equipment structure or storage area shall be screened from any right-of-way, residential use or residential zoning district. Such landscaped buffer shall be placed on the site in a manner which will maximize the aesthetic and environmental benefits while at the same time providing the visual buffer required hereby. Such landscaped buffer shall consist of hedges planted leaf to leaf which shall reach a height of not less than six feet at maturity and conifer trees planted on 15-foot centers along the approved buffer of a species approved by the planning commission unless safety requirements of the principal use requires otherwise (i.e., utility substations).

(6)

The construction of the WCSS shall be of monopole design unless it can be demonstrated that such design is not feasible to accommodate the user or co-location.

(7)

A WCSS shall have a non-reflective finish.

(8)

Adequate ingress and egress to the equipment compound shall be provided by means of a clearly limited and defined driveway not less than 12 feet wide and of asphalt or concrete construction.

(9)

A minimum of two parking spaces shall be provided on-site and interior to the perimeter barrier. The parking area shall be provided with a permanent durable and dustless surface and shall be so graded and drained as to dispose of all surface water accumulated within such parking area.

(10)

All WCSSs shall be equipped with an anti-climbing device to prevent unauthorized access.

(11)

No wireless communications equipment shall be located within a public right-of-way or within a private easement.

(12)

All towers, structures and related equipment shall be designed to be compatible and harmonious in terms of style and building materials to the surrounding area. When necessary to insure compatibility with the surrounding area, a visual simulation may be required of the applicant. A visual simulation consists of an artist's or architect's rendering, or a suitable photo rendering of how the tower will appear in the area proposed, taking into account existing buildings and natural features.

(13)

The maximum height of any new WCSS shall be as determined by the planning commission through the granting of site plan approval. The height permitted shall be the minimum height necessary to meet the applicant's engineering requirements for the site being considered, but in no instance shall it exceed a maximum height of 150 feet. Should co-location be proposed upon an existing structure, thereby qualifying for administrative approval, the height proposed may be approved by the city administrator.

(14)

Fences shall not exceed a height of eight feet and not contain barbed wire, razor wire, electric current, or charge of electricity.

(15)

Site selection shall be limited to the following hierarchy of sites. Sites shall be selected in descending order based upon their availability and ability to meet the transmission needs of the applicant. In the event a particular parcel is demonstrated to be unavailable and/or functionally inappropriate for transmission purposes, the applicant shall select the next available and appropriate site from the site options listed below.

a.

City owned site.

b.

Public or private school site.

c.

Other governmentally owned site.

d.

Religious or other quasi-public use site.

e.

Public park and other large permanent open-space areas.

f.

Other locations if none of the above is available.

(g)

Administrative review and approval process.

(1)

All administrative review applications must contain the following information:

a.

Administrative review application form signed by applicant.

b.

Copy of lease or letter of authorization from the property owner evidencing applicant's authority to pursue zoning application. Such submissions need not disclose financial lease terms.

c.

A site plan detailing proposed improvements which complies with the informational requirements of section 44-888 of the zoning ordinance, and the general criteria of subsection (f) herein.

d.

Administrative review application fee.

(2)

Approval procedures.

a.

Within 30 days of the receipt of an application for administrative review, the city administrator shall either: (1) inform the applicant in writing the specific reasons why the application is incomplete and does not meet the submittal requirements; or (2) deem the application complete. If the city administrator informs the applicant of an incomplete application within 30 days, the overall timeframe for review is suspended until such time that the applicant provides the requested information.

b.

An applicant that receives notice of an incomplete application may submit additional documentation to complete the application. An applicant's unreasonable failure to complete the application within 60 business days after receipt of written notice shall constitute a withdrawal of the application without prejudice. An application withdrawn without prejudice may be resubmitted upon the filing of a new application fee.

c.

The city administrator must issue a written decision granting or denying the request within 60 days of the submission of the initial application unless:

i.

The city administrator notified the applicant that its application was incomplete within 30 days of filing. If so, the remaining time from the 60 day total review time is suspended until the applicant provides the missing information; or

ii.

An extension of time is agreed to by the applicant.

Failure to issue a written decision within 60 days shall constitute an approval of the application.

d.

Should the city administrator deny the application, he/she shall provide written justification for the denial. The denial must be based on substantial evidence of inconsistencies between the application and local zoning requirements.

e.

An applicant may appeal any decision of the city administrator approving, approving with conditions, or denying an application or deeming an application incomplete, within 30 days to zoning board of appeals in accordance with article XVIII of the city zoning ordinance and subsection (j) herein.

(h)

Planning commission review and approval process.

(1)

All applications must contain the following information:

a.

A site plan review application form signed by the applicant.

b.

Copy of lease or letter of authorization from the property owner evidencing the applicant's authority to pursue zoning application. Such submissions need not disclose financial lease terms.

c.

A site plan prepared in accordance with section 44-888 of the zoning ordinance shall be submitted, showing the location, size, screening and design of all buildings and structures, including fences, and the location and size of outdoor equipment.

d.

The site plan shall also include a detailed landscaping plan where the support structure is being placed at a location which is not otherwise developed, or where a developed area will be disturbed. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base and equipment enclosure as required by subsection (f)(5) herein.

e.

The application shall include a signed certification by a state- licensed professional engineer with regard to the manner in which the proposed structure will fall, which certification will be utilized, along with other criteria such as applicable regulations for the district in question, in determining the appropriate setback to be required for the structure and other facilities.

f.

The application shall include a description of security to be posted at the time of receiving a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed, as provided in subsection (i) herein. In this regard, the security shall, at the election of the applicant, be in the form of: (1) cash; (2) surety bond; (3) letter of credit; or, (4) an agreement in a form approved by the city attorney and recordable at the county office of the register of deeds, to be held by the city and recorded if needed, establishing a promise of the applicant and owner of the property to remove the facility in a timely manner as required under this section, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorney's fees incurred by the city in securing removal.

g.

The application shall contain information showing the geographic search area within which the proposed WCSS must be located and shall also provide locations of all structures of similar height within and adjacent to the search area.

h.

The application shall include a map showing existing and known proposed wireless communications equipment facilities within the city, and further showing existing and known proposed wireless communications equipment facilities within areas surrounding the borders of the city in the location, and in the area, which are relevant in terms of potential co-location or in demonstrating the need for the proposed facility. If and to the extent the information in question is on file with the city, the applicant shall be required only to update it as needed. Any confidential commercial information which, if released would result in commercial disadvantage to the applicant, may be submitted with a request for confidentiality in connection with the development of governmental policy. (MCL 15.243(1)(g)).

i.

A statement that the applicant has considered the likely effects of the installation of the wireless communications equipment on nearby land use values and has concluded that there is no more suitable location reasonably available from which adequate service to the area can be provided, and that there is no reasonably available opportunity to locate its antennas and related facilities on an existing structure, including documentation of attempts to locate its antennas and related facilities on an existing structure.

j.

If co-location is not part of the application then the applicant must include a statement in the application as to why co-location is not possible.

k.

The name, address and phone number of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated during all times the wireless communications equipment is on the premises.

(2)

Approval procedures.

a.

Within 30 days of the receipt of an application for site plan review, the city administrator shall either: (1) inform the applicant in writing the specific reasons why the application is incomplete and does not meet the submittal requirements; or (2) deem the application complete. If the city administrator informs the applicant of an incomplete application within 30 days, the overall timeframe for review is suspended until such time that the applicant provides the requested information.

b.

If an application is deemed incomplete, an applicant may submit additional materials to complete the application. An applicant's unreasonable failure to complete the application within 60 business days after receipt of written notice shall constitute a withdrawal of the application without prejudice. An application withdrawn without prejudice may be resubmitted upon the filing of a new application fee.

c.

An application deemed complete shall be placed on the agenda of the planning commission at their next regularly scheduled meeting for their consideration.

d.

The planning commission shall review the application pursuant to section 44-886 of the zoning ordinance and within 60 days, either deny, approve, or conditionally approve the site plan.

e.

The applicant shall be notified of the planning commission's decision in writing by the city administrator within 150 days of the submission of the initial application unless:

i.

The city administrator notified the applicant that his/her application was incomplete within 30 days of filing. If so, the remaining time from the 150-day total review time is suspended until the applicant provides the missing information; or

ii.

An extension of time is agreed to by the applicant.

Failure to issue a written decision within 150 days shall constitute an approval of the application.

(i)

Removal of an abandoned WCSS. Any WCSS which is abandoned shall immediately be removed or demolished. For the purposes of this section, abandoned shall mean that no WCA or other commercial antenna has been operational and located on the WCSS for 180 days or more. Where the removal or demolition of an abandoned WCSS has not been lawfully completed within 60 days, and after at least 30 days written notice, the city may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected from the security posted at the time application was made for establishing the WCSS or the city may place a lien on the property to cover costs for the removal of the WCSS. A lien on the property shall be superior to all other liens except taxes.

(j)

Variances and appeals. Variances from this section may be requested from the zoning board of appeals in accordance with article XVII of the city zoning ordinance.

(Ord. No. 384, 10-10-2016)

Editor's note— Ord. No. 384, adopted Oct. 10, 2016, amended the Code by adding provisions designated as § 44-109. Inasmuch as there were already provisions so designated, the provisions have been redesignated as § 44-110 at the discretion of the editor.