Hart City Zoning Code

   No structure, land or premises shall hereafter be used or occupied and no building shall be erected, moved, removed, reconstructed, extended or altered, except in conformity with the regulations herein set forth.

(Ord. 182. Passed 5-12-98.)

   Nothing in this Zoning Code shall prevent the strengthening or restoring to a safe condition of any structure declared unsafe by the proper governmental officer or agency.

(Ord. 182. Passed 5-12-98.)

   No structure shall hereafter be erected, enlarged or altered for a change of use or function until a permit has been secured from the Zoning Administrator or a variance has been secured from the Zoning Board of Appeals.

(Ord. 182. Passed 5-12-98.)

   (a)   No lot, yard, parking area or other space shall be so divided, altered or reduced as to make it less than the minimum required under this Zoning Code. If already less than the minimum required, it shall not be further divided or reduced. The Zoning Administrator may waive this provision to avoid legal action where the purpose of the conveyances is to make the property descriptions correspond to the actual occupancy of the property.

   (b)   The City hereby elects to opt out of Section 108(6) of PA 58 of 2025, amending the Land Division Act (PA 288 of 1967), and shall not authorize land divisions beyond those otherwise permitted under the Act.

(Ord. 182. Passed 5-12-98; Ord. 2026-03. Passed 5-26-26.)

   At any intersection of public roads, no fence, structure, wall, shrub, tree or plant shall be permitted within twenty feet of the right-of-way lines of the public highways which will obstruct the view of the users of the highways.

(Ord. 182. Passed 5-12-98.)

   EDITOR'S NOTE: Section 1243.06 was repealed by Ordinance 06-02, passed November 28, 2006.

   No dwelling shall be constructed, altered or moved to the rear of a building situated on the same parcel of land, nor shall any building be constructed, altered or moved in front of a dwelling situated on the same parcel of land.

(Ord. 182. Passed 5-12-98.)

   No recreational vehicle shall be stored within twenty-five feet of the street right-of-way line for more than seventy-two continuous hours, except by written permit granted by the Chief of Police.

(Ord. 182. Passed 5-12-98.)

   A basement shall not be used as living or sleeping quarters other than for occasional recreational use by humans. Sleeping quarters in basements shall be permitted only if there are two means of exit from said basement, one of which shall be a door leading directly to the outside of the basement, and only if each room used as sleeping quarters has at least one window opening to the outside, of a minimum of thirty inches by forty-eight inches.

(Ord. 182. Passed 5-12-98.)

   The height limitations in any zone may be exceeded upon application to and approval by the Planning Commission, who shall affirmatively find that the proposed height does not create a fire and safety hazard and is so supported as to not endanger persons or property on the public highways or adjoining property.

(Ord. 182. Passed 5-12-98.)

   (a)   No building or structure, except docks, steps, retaining walls, swimming pools, see- through fences or bridges, shall be constructed within fifty feet of the ordinary high water mark of any creek, stream, river, lake, bog, swamp or other watercourse or area where water remains for more than ninety days each calendar year.

   (b)   A lesser setback for a principal building may be allowed if the average setback for existing principal buildings is less than fifty feet. The average setback for existing buildings shall be determined as set forth in Section 1243.24.

   (c)   For lots which have a steep bank abutting the watercourse, a principal building shall be setback a minimum of twenty feet from the top of the bank. For purposes of this chapter, a steep bank shall be defined as being at least ten feet high (measured vertically from the ordinary high water mark to the top of the bank) with a slope of at least thirty-three percent (determined by dividing the vertical height of the slope by the horizontal distance of the slope).

   (d)   Septic disposal fields and tanks and private wells shall be at least 100 feet away from the ordinary high water mark measured horizontally and shall be in conformance with the standards of the Oceana County Health Department.

   (e)   All dwellings shall comply with applicable regulations of the Michigan Department of Environmental Quality.

(Ord. 182. Passed 5-12-98.)

   EDITOR'S NOTE: Section 1243.13 was repealed by Ordinance 2005-6, passed June 28, 2005.

   No zoning permit shall be issued where the applicant fails to show that the property for which a permit is requested fronts or abuts, for a minimum of twenty- five feet, on a public highway or a permanent recorded non-obstructed easement of access or right-of-way to a public highway, not less than fifteen feet in width, which easement shall grant a right-of-way to public vehicles and/or utilities.

(Ord. 182. Passed 5-12-98.)

   In all areas of the City except that area within the City designated as the Historic District, no structure or building shall be moved into the City unless the same complies or will be made to comply, before being used, with the Building Code, as applied to new buildings and structures. Buildings within the Historic District shall comply with health and safety provisions of the Building Code for existing structures prior to occupancy.

(Ord. 144. Passed 10-12-82; Ord. 182. Passed 5-12-98.)

   (a)   Accessory buildings are permitted only in connection with, incidental to, and on the same lot or contiguous lots under the same ownership with a principal building which is permitted in the particular zoning district.

   (b)   All accessory buildings shall comply with the limitations applicable in the zoning district in which it is located.

   (c)   In any district, except as noted elsewhere, an accessory building may be erected detached from the principal building, or it may be erected as an integral part of the principal building.

   (d)   No detached accessory building shall be used in any part for residential purposes.

   (e)   Detached accessory buildings together shall not occupy more than thirty percent of any required rear yard.

   (f)   Each parcel or lot shall have no more that two detached accessory buildings.

   (g)   Detached accessory buildings shall not be erected in the required front yard. When a detached accessory building is located in the rear yard, the foundation of such building shall be set back a minimum of five feet from the side and rear lot lines.

   (h)   Detached accessory buildings shall be a minimum of ten feet from the principal building or buildings.

   (i)   When a detached accessory building is located on a corner lot it may align or be behind the existing home if required setbacks cannot be met.

   (j)   In residential zoning districts, a detached accessory building, excluding garages, shall not exceed 600 square feet in size or twelve feet in height.

   (k)   Sheet metal sheds and temporary structures used for storage (e.g., canvas, corrugated plastic, etc.) are prohibited.

   (l)   Accessory buildings, which need a building permit, shall be of residential construction and properly painted or sided. Storage buildings with sheet metal siding are prohibited in the B1 and all residential zones.

(Ord. 182. Passed 5-12-98; Ord. 06-02. Passed 11-28-06.)

   No new building or structure shall have a basement where the City has indicated that the ground water table is so high as to cause water seepage into basements.

(Ord. 182. Passed 5-12-98.)

   Antennae or towers (including satellite dish antennas) are permitted in all zoning districts provided the following provisions are satisfied.

   (a)   The antenna or tower shall be permanently secured to a stable foundation.

   (b)   No portion of the antenna shall conduct or display any advertising, message, or other graphic representation other than the manufacturer's name.

   (c)   Freestanding antennae or towers shall be located only in the rear yard or the side yard and shall not be closer to a property line than its height or the required yard setback, whichever is the greater.

   (d)   An antenna or tower may be mounted on a principal or accessory building, provided it shall not exceed a height of ten feet, as measured from the base of the antenna or tower.

   (e)   All antennas or towers must be grounded to protect against damage from lightning.

   (f)   An antenna or tower shall not be so located or constructed as to have a serious adverse effect on adjacent or nearby land uses.

   (g)   Freestanding antennae or towers (including satellite dish antennas, excluding amateur radio antennae) exceeding a height of twenty-five feet above grade, or exceeding a dimension of twenty-five feet in any direction, including any mounting structure, shall require approval by the Planning Commission as a special land use. A building permit shall be obtained before installation.

   (h)   A commercial or public antenna or tower, including accessory buildings or structures, shall be fully enclosed by a sturdy fence, securely gated, having such height as reasonably determined by the Planning Commission.

   (i)   The antenna or tower and the construction, installation, maintenance, and operation thereof shall comply with all federal, state, and local laws, ordinances, and regulations.

   (j)   The Planning Commission in its reasonable discretion may impose other terms and conditions regulating the construction, installation, use and maintenance of any such antenna or tower. Such other terms and conditions may include, though need not be limited to, the following:

      (1)   The screening of an antenna, tower, or any accessory buildings or structures.

      (2)   The timely removal of unused or unsafe antenna, towers, or accessory buildings or structures.

      (3)   The prohibition on the construction or occupancy of dwellings or other buildings or the construction and use of other structures within a specified isolation distance from an antenna or tower.

   (k)   The regulations of this section must not preclude amateur service communications and the installation of amateur radio antenna (being antenna operated for the purpose of receiving or transmitting communications by a radio station described in Section 153(q) of Title 47 or the U.S. Code and operated under a license by the Federal Communications Commission). Rather, theses regulations must reasonably accommodate such communications and must constitute the minimum practicable regulations to accomplish the City's legitimate purpose in regulating such communications.

(Ord. 182. Passed 5-12-98.)

   Private roads shall be permitted within all zoning districts, and shall comply with the following regulations:

   (a)   The private road shall be constructed in accordance with the City standards.

   (b)   Residential, commercial, and industrial structures and lots served by a private road shall be subject to the development requirements of the zone in which the structure or lot is located.

   (c)   Provisions shall be made to insure the continued repair and maintenance of the private road, and financing of the costs by the property owners benefitting from the private road. This shall be accomplished through the use of a recorded agreement between the parties of interest in the private road or through a restrictive covenant.

   (d)   An easement shall be maintained that meets the requirements of this section and the City's specifications for street construction and shall be continuously maintained in such a way that it will not constitute a danger to health, safety, and welfare of the inhabitants of the City and such that it is accessible and usable to emergency vehicles in all types of weather.

   (e)   A private road ending in a cul-de-sac shall not serve more than twenty lots unless a secondary means of access is provided to a public road.

   (f)   The private road shall be located within a private road easement of not less than sixty- six feet wide.

   (g)   The private road shall be given a street name that is not the same or similar to any other street name in the City. A street sign meeting City standards as to design, location, and maintenance shall be erected and maintained where such private roads adjoin any public road.

   (h)   The provisions of this section shall not apply to access roads internal to any individual lot or parcel of land which has direct public street frontage access and is under the control of one person, firm, corporation, or association, provided that the access road does not provide access to any abutting land or parcel of land.

   (i)   Procedure for review of private roads.

      (1)   An application to establish, extend, improve, or relocate a private road shall be filed with the Zoning Administrator along with a fee as set by the City Council. The application shall contain the following information: the name of the owners and any other parties having any legal interest in the private road or property across which it is to be constructed; permanent parcel number or legal description of the property over which the private road is to be constructed; a site location map to scale which shows the location of the parcel containing the road relative to surrounding properties and roadways; a scaled drawing prepared by a registered engineer showing the precise location, route, elevations, dimensions, specifications, extensions, and design of the private road; existing or proposed curb cuts and the location and distance to any public street which the private road is to intersect; a road maintenance agreement and access easement agreement as required herein.

      (2)   The Zoning Administrator shall review this information to determine compliance with the standards and requirements for private roads. The Zoning Administrator may consult with the Fire Chief, Attorney, Engineer, or Planner as deemed necessary.

      (3)   If the Zoning Administrator finds that the application meets the requirements of this section, the application shall be approved and a permit shall be issued for the construction of the private road. Two copies of the private road plans shall be stamped for approval. One copy shall be kept by the applicant, and one by the City. This construction permit is not a private road permit and does not authorize the construction of any buildings on the private road. The construction permit is valid for a period of one year from the date of approval. If construction of the private road has not commenced before this date, the permit shall expire. A new permit shall be required before construction can begin.

      (4)   If the Zoning Administrator denies the application, the written reasons for denial shall be provided to the applicant within five working days of the date of denial.

      (5)   Upon completion of construction of the private road, the applicant shall provide to the Zoning Administrator a letter from a registered professional engineer that the road has been constructed in compliance with the approved plans, and documentation that the road maintenance agreement, easement, and deed restrictions have been recorded with the County Register of Deeds.

      (6)   Private road permit issuance. Upon approval of all items required for final compliance, the Zoning Administrator shall issue a private road permit.

      (7)   Permits for buildings on private roads. A building permit shall not be issued for any principal building, dwelling, or structure which derives its primary access from a private road unless a private road permit has been issued by the City and the road has either been completed in accordance with the approved permit or the applicant for the building permit or owner of the private road right-of-way have provided the City with cash or irrevocable letter of credit in an amount determined by the City, to insure construction of the private road in accordance with the approved private road construction permit within one year from the issuance of the building permit. The letter of credit shall contain a provision that the City shall have the right to access the letter of credit if such letter is not renewed thirty days before the expiration date of the letter.

(Ord. 182. Passed 5-12-98.)

   All dwelling units located outside of mobile home parks shall comply with the following requirements.

   (a)   All dwelling units shall provide a minimum height between the floor and ceiling of seven and one-half feet. If a mobile home, it shall meet the requirements of the United States Department of Housing and Urban Development Regulations, entitled Mobile Home Construction and Safety Standards, effective June 15, 1976, as amended.

   (b)   The minimum width of any single-family dwelling unit shall be twenty feet for at least sixty-seven percent of its length, measured between the exterior part of the walls having the greatest length.

   (c)   Dwelling units shall have a minimum roof pitch of four inches to one foot.

   (d)   There shall be a foundation of concrete or block or other material approved by the City's Construction Code, as amended, around the entire exterior perimeter of all dwellings excluding attached accessory buildings. The foundation shall have a minimum depth of forty-two inches below grade. The foundation shall provide a maximum exposed foundation above grade of sixteen inches and a minimum exposed foundation above grade of eight inches.

   (e)   All dwellings shall be firmly attached to the foundation so as to be watertight as required by the construction code adopted by the City. If a mobile home, it shall be anchored to the foundation by an anchor system designed and constructed in compliance with the United States Department of Housing and Urban Development Regulations entitled Mobile Home Construction & Safety Standards.

   (f)   The wheels, pulling mechanism, and tongue of any mobile home shall be removed prior to placement on a foundation.

   (g)   All dwellings shall be connected to a sewer system and water supply system approved by the City.

   (h)   All dwellings shall provide steps or porch areas permanently attached to the foundation where there exists an elevation differential of more than one foot between any door and the surrounding grade. All dwellings shall provide a minimum of two points of ingress and egress.

   (i)   Additions to the dwelling shall meet all the requirements of this Zoning Code.

   (j)   All dwellings shall be aesthetically compatible in design and appearance with other residences in the vicinity with either a roof overhang of not less than six inches on all sides or a roof drainage system concentrating drainage at collection points along sides of the dwelling. The compatibility of design and appearance shall be determined in the first instance by the Zoning Administrator upon review of the plans submitted for a particular dwelling. An appeal by an aggrieved party may be taken to the Zoning Board of Appeals. Any determination of compatibility shall be based upon the standards set forth in this section as well as the character, design, and appearance of residential dwellings located outside of mobile home parks within 200 feet of the subject dwelling and on the same block. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.

   (k)   Prior to issuance of a building permit for any dwelling unit, construction plans, including a plot plan adequate to illustrate compliance with the requirements of this Zoning Code, shall be submitted to the Building Inspector. If the dwelling unit is a mobile home, there shall also be submitted adequate evidence to assure that the dwelling complies with the standards applicable to mobile homes set forth in this section.

(Ord. 182. Passed 5-12-98.)

   (a)   In all residential zoning districts, solid fences, walls, or plantings shall not exceed a height of three feet within the required front yard. If a fence is at least thirty percent open (e.g., picket, chain link, wrought iron, or split rail) fences may be up to four feet in height in the required front yard. The height shall be measured from the average grade within a twenty-five foot radius of the fence, wall, or landscaping.

   (b)   For all other areas, fences or walls shall not exceed six feet in height.

   (c)   For corner lots, a six foot high privacy fence or wall may be parallel to the side of the house which faces the street subject to the restrictions of clear visions on corners as contained herein.

   (d)   The finished side of a fence shall be placed to face adjacent property.

   (e)   A permit shall be issued by the Zoning Administrator prior to the installation of any fence or wall regulated herein.

(Ord. 182. Passed 5-12-98; Ord. 2002-2. Passed 9-24-02; Ord. 06-02. Passed 11-28-06.)

   (a)   The intent of this section is to set forth minimum standards for landscaping. Landscaped areas are intended to maintain or improve air quality, stabilize soils, increase groundwater infiltration, decrease wind velocity, reduce noise, and create zones of privacy.

   (b)   For site plans requiring Planning Commission review, buffer strips shall be required where an industrial use abuts any other nonindustrial use or where any parking lot exceeding fifteen parking spaces abuts residential, public, or religious use. Where a landscape buffer strip or greenbelt is required, the following minimum landscape requirements shall be observed.

      (1)   Two trees plus one additional tree for each twenty-five feet in length of the buffer strip measured along the outer periphery of the required landscape area.

      (2)   One shrub for every twenty feet in length of the buffer strip measured along the outer periphery of the required landscape area.

      (3)   All plantings in the buffer strip shall be maintained in a neat and orderly manner. Dead plant materials shall be replaced within a reasonable period of time but no longer than one growing season.

   (c)   Landscaping shall be located so it does not obstruct the vision of drivers or pedestrians entering or leaving a site.

   (d)   Parking area landscaping.

      (1)   All parking areas more than 5,000 square feet in area, except those parking areas for industrial uses which are located in the rear yard, shall be landscaped with one canopy and one evergreen tree for every ten parking spaces, with a minimum of two trees shall be planted, adjacent to the parking area.

      (2)   Landscape islands or peninsulas shall be installed at the end of those parking rows which are more than twenty spaces long. Within such rows a landscaped island shall be installed every twenty spaces.

      (3)   Landscape islands or peninsulas at the end of parking rows shall be a minimum of ten feet in width by the length of the parking space or spaces, with an appropriate curb radius. Islands within parking rows shall be a minimum of six feet wide by the length of the parking space or spaces. Islands shall be separated from the parking area by a rolled or stand-up curb.

      (4)   Each island or peninsula within a parking area shall contain a minimum of one canopy tree.

      (5)   Landscaping in and adjacent to parking areas shall be of a height and location which will not block the vision of drivers or pedestrians.

   (e)   Landscape modifications. The landscape requirements of this section may be modified by the Planning Commission or Zoning Administrator in consideration of existing trees on site, proposed building setbacks, existing and proposed uses on adjacent lands, topographical elevations on a site and on adjacent lands. In deciding whether to modify the landscape regulations of this section the Planning Commission or Zoning Administrator shall determine that the intent of the regulations will still be met if modifications are allowed.

   (f)   Green infrastructure standards.

      (1)   All development or redevelopment projects requiring site plan approval shall incorporate at least one green infrastructure practice from the list below. Applicants are encouraged, but not required, to integrate multiple practices when feasible.

      (2)   Acceptable practices include but are not limited to:

         A.   Pervious surfaces.

         B.   Native vegetation.

         C.   Tree planting, maintenance, and removal.

      (3)   The Planning Commission or Zoning Administrator may grant flexibility in how green infrastructure is provided, provided the intent of this section-to promote sustainable, low-impact site design-is met.

   (g)   Pervious surfaces.

      (1)   Definitions.

      (2)   Intent. The use of pervious surfaces in site and street design is intended to mimic natural groundwater infiltration, decrease post-construction stormwater runoff, and implement Low Impact Development (LID) practices.

      (3)   Permitted pervious surface types. City-approved pervious paving materials include:

         A.   Grass pavers (for occasional parking; not permitted for high-use areas);

         B.   Permeable interlocking concrete pavers;

         C.   Permeable pavement;

         D.   Permeable clay brick pavers (for pedestrian and vehicular traffic);

         E.   Other comparable materials as approved by the Department of Public Works Superintendent and the Approving Authority.

      (4)   Benefits. Pervious surfaces provide the following benefits:

         A.   Reduce or eliminate stormwater runoff;

         B.   Recharge groundwater;

         C.   Trap suspended solids and pollutants;

         D.   Improve winter safety by reducing surface ice;

         E.   Reduce surface temperatures and heat island effects;

         F.   Reduce need for retention basins and stormwater infrastructure;

         G.   Lower long-term lifecycle costs when properly installed.

   (h)   Native vegetation.

      (1)   General standards.

         A.   Existing natural features, including wetlands, woodlands, landmark trees, and scenic vistas, shall be preserved and incorporated into development where feasible.

         B.   Screening shall utilize naturalized forms including landforms, trees, shrubs, grasses, and perennials rather than rigid berms or monoculture plantings.

         C.   Setbacks and landscape buffers shall function as naturalized green spaces incorporating sustainable stormwater management.

         D.   A minimum of sixty percent of landscape materials shall consist of native species appropriate to Lower Michigan, selected for durability, visual interest, and compatibility with rural and suburban conditions.

      (2)   Low Impact Development (LID). Low Impact Development (LID) best practices shall be used in the development of any site or development within the districts listed above. The design of stormwater management systems shall respond to the natural drainage patterns of the area.

      (3)   Natural features preservation plan. A plan shall be submitted identifying existing natural features and site conditions. The plan shall demonstrate how development preserves or enhances these features. Green space enhancements along public road frontages shall be included.

   (i)   Tree planting, maintenance, and removal.

      (1)   Prohibited species. The following species shall not be planted within public rights-of-way or curblawn areas: Populus spp., Acer negundo, Ailanthus altissima, Pyrus calleryana, Acer saccharinum, Catalpa, Ulmus spp., Juglans spp., Robinia pseudoacacia, Salix alba, Alnus spp., Taxus spp., Thuja spp., Sassafras albidum, Elaeagnus angustifolia, Morus alba, Prunus serotina, and female Ginkgo biloba.

      (2)   Spacing requirements.

         A.   Small trees: minimum twenty feet apart;

         B.   Medium trees: minimum thirty feet apart;

         C.   Large trees: minimum forty feet apart; Exceptions may be approved by the Zoning Administrator.

      (3)   Utilities. Only small or medium trees may be planted within ten lateral feet of overhead primary electric lines.

      (4)   Distance from infrastructure. Minimum distance from curb or sidewalk:

         A.   Small trees: two feet

         B.   Medium trees: three feet

         C.   Large trees: four feet

      (5)   Exemptions. Trees planted prior to adoption are exempt from spacing requirements.

      (6)   City responsibility.

         A.   Maintenance of trees in public areas shall be performed by the City unless otherwise approved.

         B.   Minimum clearance: eight feet over sidewalks, fifteen feet over streets (sixteen feet on major thoroughfares).

      (7)   Visibility and clearance.

         A.   Vegetation shall not obstruct visibility at intersections or along streets.

         B.   Property owners shall correct violations within twenty-one days of notice.

         C.   The City may prune vegetation obstructing public rights-of-way.

      (8)   Protection of trees. No person shall damage, remove, or attach materials to City trees without authorization.

      (9)   Utility trimming. Utility companies shall comply with City standards and provide notice prior to non-emergency trimming.

      (10)   Replacement standard. Trees removed shall be replaced at a ratio of one tree per five removed trees or through a payment in lieu.

      (11)   Replacement specifications.

         A.   Deciduous: minimum three-inch caliper;

         B.   Coniferous: minimum ten feet in height;

         C.   Prohibited species shall not be used;

         D.   Replacement trees may count toward other landscape requirements.

      (12)   Placement. Replacement trees shall be shown on the site plan and located to maximize environmental benefit and reduce heat island effects.

      (13)   Payment in lieu. A fee of three hundred dollars per tree may be paid to the City in lieu of planting, to be used for tree planting elsewhere within the City.

(Ord. 182. Passed 5-12-98; Ord. 2026-01. Passed 5-26-26.)

   (a)   Uncovered patios, rear and side yards: Terraces, patios, porches and decks that are no more than two feet above grade may be built up to the rear or side property line where an established fence line exists. Otherwise, uncovered terraces, patios, porches and decks less than two feet high shall be a minimum of three feet from rear and side property lines. Decks over two feet in height shall meet the setback requirements of the main structure.

   (b)   Unenclosed structures, front yard: Unenclosed porches, steps or similar facilities may project into a required front setback for a distance not to exceed five feet. In the case of a handicap wheelchair ramp, the Zoning Administrator may waive setback requirements at his or her discretion, if no other options are available to provide a ramp, provided that the applicant agrees to remove the ramp if it is no longer necessary on the property. A performance letter or performance guarantee may be required.

(Ord. 06-02. Passed 11-28-06.)

   Except for lots with waterfront access, newly constructed principal structures in the A Residential and B-1 Zones shall align with existing structures in proximity to the building site. If neighboring structures are not present, then the district setback shall apply. In no case shall structures in the B-1 Zone be set back more than fifteen feet.

(Ord. 182. Passed 5-12-98; Ord. 06-02. Passed 11-28-06.)

   (a)   Intent.

      (1)   It is the intent of this section to permit the establishment of accessory apartments in owner occupied single family dwelling units which will provide older homeowners with a means of obtaining, through tenants in accessory apartments, rental income, companionship, security, and services; provide a means for homeowners to care for elderly or ailing relatives and still allow them to maintain the independence and comfort of separate living quarters; and add inexpensive rental units to the housing stock to meet the smaller household needs of both young and old.

      (2)   These regulations are also designed to protect the stability, property values, and single family residential character of a neighborhood by ensuring that accessory apartments are installed only in owner occupied houses in such a manner that the appearance of the building remains that of a single family residence.

      (3)   For purposes of this section, an accessory apartment is defined as a dwelling unit designed for and occupied by one family which is a separate housekeeping unit complete with kitchen and bathroom facilities contained within or attached to the structure of a single family dwelling and which is accessory to it.

   (b)   Authorization and Development Standards. The Zoning Administrator shall only issue a permit for an accessory apartment in those zoning districts which permit single family dwelling units when the following development standards have been met:

      (1)   The accessory apartment shall be a complete housekeeping unit, containing kitchen and bathroom facilities, which is separate from the principal single family dwelling unit.

      (2)   Only one accessory apartment shall be created within or attached to the principal single family dwelling unit.

      (3)   The accessory apartment and principal single family dwelling unit shall be attached by a common wall, ceiling, or floor and shall be contained within a single building.

      (4)   The owner(s) of a single family dwelling unit in which the accessory apartment is created or to which it is attached shall occupy one of the dwelling units in the building.

      (5)   The entire accessory apartment shall consist of no more than thirty-five percent of the total square footage of the principal single family dwelling unit but shall not result in the floor area of the principal building being reduced below the requirements of the zoning district in which it is located.

      (6)   A minimum of three parking spaces shall be provided on the premises for use by occupants of the accessory apartment and the principal single family dwelling unit.

      (7)   The accessory apartment shall be installed or constructed so that, to the degree reasonably feasible, the appearance of the building remains that of a single family residence. Exterior doorways constructed to serve the accessory apartment shall, where possible, be located on the side or rear of the building. If an exterior doorway is to be constructed to face the street, it shall be subject to review and approval of the Zoning Administrator.

      (8)   An accessory apartment shall be constructed in compliance with all applicable Zoning Code regulations as contained herein.

      (9)   Occupancy of an accessory apartment shall be subject to the City Rental Code.

   (c)   General Regulations. Accessory apartments shall also comply with the following general regulations:

      (1)   The establishment of an accessory apartment in a single family dwelling unit shall not result in any building site or use situation which is nonconforming.

      (2)   An accessory apartment shall not be subject to the regulations contained herein which are applicable to two-family dwelling units.

      (3)   The following shall not be considered as accessory apartments:

         A.   A single family dwelling unit whose occupants share kitchen and bathroom facilities.

         B.   A detached single family dwelling unit located on the same lot with an existing single family dwelling unit.

      (4)   The accessory apartment shall comply with all applicable requirements of the City Building Code as amended, and shall consist of a minimum of 300 square feet of floor area.

(Ord. 182. Passed 5-12-98.)

   Due to the nuisance smoke and concerns regarding the public safety and welfare of residents living in relatively close proximity to one another, outdoor wood furnaces are prohibited in all zoning districts within the City.

(Ord. 2005-4. Passed 6-28-05.)

   EDITOR'S NOTE: Section 1243.27 was repealed by Ordinance 19-04, passed October 22, 2019.