Essential services serving the city and essential transportation services authorized by state and federal law shall be permitted as authorized and regulated by law and other ordinances of the municipality. Overhead or underground lines and necessary poles and towers to be erected to service primarily those areas beyond the municipality shall receive the review and approval, after public hearing, of the planning commission. Such review of the planning commission shall consider abutting property and uses as they relate to easements, rights-of-way, overhead lines, poles and towers, and, further, shall consider injurious effects on property abutting or adjacent thereto and on the orderly appearance of the city.

(Code 2002, § 220-81; Ord. No. 538, § 1, 4-9-2012)

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

(Code 2002, § 220-82)

(a)

The setbacks for unenclosed porches, decks, balconies, and awnings are as follows:

(1)

In no case shall a porch, deck, balcony, or awning be placed closer than ten feet to a front lot line, five feet to a side lot line, nor 15 feet to a rear lot line.

(2)

Front yard: eight feet into the required front yard setback or eight feet from the front wall of the existing principal building, whichever extends less into the front yard.

(3)

Side yards: three feet into the required side yard setback or three feet from the side wall of the existing principal building, whichever extends less into the side yard.

(4)

Rear yard: 15 feet into the required rear yard setback or 15 feet from the rear wall of the existing principal building, whichever extends less into the rear yard.

(5)

Physical structures relating to barrier-free access, such as ramps, shall not be required to comply with setback requirements, but shall not be permitted to project into the public right-of-way.

(b)

For purposes of this section, the term "unenclosed" means a porch, deck, balcony, or awning which, except for roofs, pillars, posts, or railings, is completely open to the elements on at least two sides. If an unenclosed porch, deck, balcony, or awning projects into the required setbacks for the principal building, such structures shall not be enclosed by walls, windows, doors, screens, or other barriers unless they are brought into compliance with the required setback requirements of this chapter.

(Code 2002, § 220-83; Ord. No. 538, § 1, 4-9-2012; Ord. No. 592, § 1, 9-27-2021)

For the purposes of this chapter, access drives may be placed in the required front or side yards so as to provide access to rear yards or accessory structures. These drives shall not be considered as structural violations in front and side yards. Further, any walk, terrace, or other pavement servicing a like function, and not in excess of nine inches above the grade upon which placed, shall for the purpose of this chapter not be considered a structure, and shall be permitted in any required yard. Access drives shall in no instance drain onto adjacent properties.

(Code 2002, § 220-84)

In any zoning district, architectural features, such as, but not limited to, window sills, cornices, eaves, bay windows, gutters, pilasters, chimneys, flues, and other similar features may extend or project into a required yard not more than two inches for each one foot of width of such yard, and may extend or project into a required front or rear yard not more than three feet. Architectural features shall not include those details which are nominally demountable such as wall signs or insignias.

(Code 2002, § 220-85; Ord. No. 538, § 1, 4-9-2012)

When yard regulations cannot reasonably be complied with, or where their application cannot be determined on lots of peculiar shape or topography, or due to architectural or site arrangement, such regulations may be modified or determined by the zoning board of appeals.

(Code 2002, § 220-86)

Any residential lot created and recorded prior to the effective date of the ordinance from which this chapter is derived may be used for any permitted use even though the lot area and/or dimensions are less than those required for the district in which the lot is located, provided:

(1)

That the other requirements of the district are met.

(2)

That no adjacent vacant land or lot is owned by the owner of the lot in question.

(3)

If a lot already has less than the minimum required lot area or lot width it shall not be divided or reduced in dimensions or area so as to increase its noncompliance with the minimum requirements of this chapter.

(Code 2002, § 220-87; Ord. No. 538, § 1, 4-9-2012)

In calculating the area of a lot that adjoins an alley, for the purposes of applying lot area and setback requirements of this chapter, one half of such alley abutting the lot shall be considered as part of such lot.

(Code 2002, § 220-88)

The following kinds of structural appurtenances shall be permitted to exceed the height limitations for authorized nonresidential uses only when all of the following conditions can be satisfied:

(1)

No portion of any building or structure permitted as an exception to a height limitation shall be used for human occupancy or for commercial enterprise.

(2)

Any structural exception to height limitations shall be erected only to such height as may be necessary to accomplish the purpose it is intended to serve and will not become a hazard to aviation.

(3)

Structural elements may not exceed 20 percent of the gross roof area, without approval of the zoning board of approval.

(4)

Structures qualifying for exception include those listed below:

a.

Structures that are ornamental in nature such as church spires, belfries, cupolas, domes, ornamental towers, flag poles, and monuments.

b.

Appurtenances that have a mechanical or structural function such as chimneys and smokestacks, water tanks, elevator and stairwell, penthouses, ventilators, bulkheads, cooling towers, and grain and seed elevators.

c.

Public monuments.

(Code 2002, § 220-89)

Accessory canopy structures may be permitted to extend into a required yard setback when the following conditions are met:

(1)

Such canopies shall remain unenclosed.

(2)

Cantilevered canopies may be no closer than 15 feet to a lot line or road right-of-way.

(3)

In no instance shall a pier or other supporting member be located within a required setback.

(4)

Such canopies shall not cover more than 25 percent of the zoning lot.

(Code 2002, § 220-90; Ord. No. 538, § 1, 4-9-2012)

Permitting mobile food vendors (food trucks) in the "B-1", Highway Service, "CBD", Central Business, "I-1", Light Industrial, and "I-2", Heavy Industrial Districts, subject to the following conditions:

(1)

Food vending is permitted only if a similar fare or cuisine is not already offered by an existing business within a one-block radius of where the mobile food vendor is proposed to be located. This restriction does not apply to food vendors operating on a temporary basis during a community event.

(2)

A mobile food vendor (MFV) permit must be issued by the zoning administrator in order to operate a mobile food vending business in the city. The following information is required prior to issuance of an MFV permit:

a.

Documentation that all necessary health department permits or approvals have been obtained.

b.

The MFV permit application has been signed by the city's building official attesting that any and all applicable permits required by the State of Michigan Construction Code have been obtained.

An MFV permit is not required for food vendors operating on a temporary basis for up to five consecutive calendar days as part of a community event where the food vendor has been approved by the event sponsor/organizer and the owner of the property upon which it is to be located.

(3)

Approval by the City Council or its designee is required prior to locating a mobile food vendor vehicle on any city-owned property or public right-of-way. The applicant shall, to the fullest extent permitted by law, defend, indemnify, and hold the city harmless against any claim that may arise from its use of city-owned property or the public right of way. The applicant shall obtain and maintain during the term of the permit a comprehensive general liability insurance policy written on an occurrence basis having policy limits of no less than $1,000,000.00 per occurrence. The certificate shall provide that the city will receive 30 days' prior written notice of cancellation or nonrenewal. The City Council or its designee may waive the insurance requirement for food vendors operating on city property or the public right-of-way on a temporary basis for up to five consecutive calendar days during a community event for which the vendor is covered by the insurance for the event.

(4)

Mobile food vendor vehicles and anything associated therewith, including, but not limited to waste receptacles and seating areas shall not occupy or obstruct any maneuvering aisle, fire lane, driveway or entrance to a permanent structure on or adjacent to the property upon which it is located.

(5)

Mobile food vendor vehicles located on a public right-of-way may not interfere with or impede the free flow of vehicular traffic on a public right-of-way or non-motorized traffic on a sidewalk or pathway.

(6)

Waste containers for public use shall be provided and all waste shall be disposed of by the vendor to prevent unsanitary or unsightly conditions. Vendors are responsible for the proper disposal of all grey water, grease, and other food waste, which shall not be dumped or disposed of on or into public property including but not limited to storm drains and surface discharge.

(7)

Signs are permitted on the mobile food vendor vehicle only. No freestanding signs are permitted.

(8)

No power cable shall extend on or across any parking lot, driveway or sidewalk except in a safe, concealed manner designed to prevent tripping.

(9)

Vending is not permitted within 15 feet of a fire hydrant.

(10)

Mobile food vendors may operate during the hours of 7:00 a.m. and 11:00 p.m. This requirement may be waived or modified by the City Council or its designee for mobile food vendors operating on a temporary basis for up to five consecutive calendar days during a community event.

(Ord. No. 573, § 1, 8-27-2018)