The intent of this Article is to provide for those regulations that generally apply to all uses regardless of the particular zoning district.

   (a)   Detached Accessory Buildings (Residential). Except as otherwise permitted in this Zoning Ordinance, all detached accessory buildings located in a residential district are subject to the following regulations:

      (1)   All accessory buildings shall be architecturally compatible with the main building (i.e. building materials, roof pitch, height, etc.) A determination of architectural compatibility can be referred to the Planning Commission at the sole discretion of the Zoning Administrator.

      (2)   All multiple story detached accessory buildings shall be subject to the special land use criteria and procedures of Section 3.03.

      (3)   All detached accessory buildings with habitable space shall be subject to the special land use criteria and procedures of Section 3.03 and subsection 5.02(f).

      (4)   All detached accessory buildings exceeding 200 square feet shall be provided with an approved foundation system in accordance with The Michigan Building or Residential Code, as appropriate.

 

 

Footnotes:

1.   If located on a corner lot, the detached accessory building may be located in the side yard providing the front yard setback is comparable to the main building on the adjacent lot, and a minimum side yard setback of eight (8) feet is maintained.

2.   These provisions only apply to maintenance garages and storage sheds. Carports and garages shall be subject to the same provisions as the main buildings.

3.   No detached accessory building of greater than two hundred (200) square feet shall be located closer than ten (10) feet from a main building, nor closer than six (6) feet from any other accessory building, regardless of whether or not the buildings are on the same or adjacent lots. Additionally, no detached accessory building shall be located closer than three (3) feet from the side or rear lot line so long as the maintenance of six (6) feet between the accessory buildings exists.

4.   The height shall not exceed that of the existing main building.

5.   Only one (1) detached accessory building and one (1) shed is permitted per lot.

   (b)   Detached Accessory Buildings (Office and Commercial). Except as otherwise permitted in this Zoning Ordinance, all detached accessory buildings located in an office or commercial district are subject to the following regulations:

      (1)   All buildings shall be subject to site plan review.

      (2)   All buildings shall be located in the rear yard only.

      (3)   All buildings are subject to the same placement and height requirements applicable to main buildings in the district in which located except the O-1 and B-1 districts. Detached accessory buildings in the O-1 and B-1 districts shall be located no less than six (6) feet from the side and rear property lines and shall be located no less than ten (10) feet from all other on-site or off-site buildings.

      (4)   All buildings shall not exceed a ground floor area of nine hundred (900) square feet.

   (c)   Attached Accessory Buildings. Except as otherwise permitted in this Zoning Ordinance, all attached accessory buildings are subject to the following regulations:

      (1)   All accessory buildings shall be architecturally compatible with the main building (i.e. building materials, roof pitch, height, etc.). A determination of architectural compatibility can be referred to the Planning Commission at the sole discretion of the Zoning Administrator.

      (2)   The minimum yard setbacks shall be the same as the main building and governed by Section 4.07, Schedule of Area, Height, Width and Setback Regulations.

      (3)   Attached accessory buildings within the O-1, B-1 and B-2 districts shall be subject to the special land use criteria and procedures of Section 3.03.

 

 

Footnotes:

1.   The height shall not exceed that of the existing main building.

   (e)   Private Swimming Pools. Except as otherwise permitted in this Zoning Ordinance, all private swimming pools shall be subject to the following:

      (1)   Only permitted in the rear yard.

      (2)   There shall be a distance of not less than ten (10) feet between the adjoining property line and the outside of the pool wall.

      (3)   No swimming pool shall be located less than thirty-five (35) feet from a front lot line.

      (4)   No swimming pool shall be located less than ten (10) feet from a side street or alley right-of- way, or the distance required for side yards by this Zoning Ordinance, whichever is greater.

      (5)   No swimming pool shall be located in an easement.

      (6)   For the protection of the general public, all swimming pools shall comply with the Building Code as it relates to safety enclosures.

      (7)   All pools shall comply with the clearance requirements associated with overhead service power lines as per the Building Code.

   (f)   Accessory Residential Dwelling Units. Except as otherwise permitted in this Zoning Ordinance, all accessory residential dwelling units located on a parcel containing a permitted or special land use is subject to the following conditions:

      (1)   Dwelling units shall be located above the first floor.

      (2)   The minimum floor area requirements for multiple family dwellings set forth in Section 5.03 shall be met.

      (3)   The Planning Commission may impose reasonable conditions to ensure the health, safety and welfare of the occupants.

      (1)   Temporary ramps to provide barrier free access to a single-family home shall be permitted to encroach into the required front or side yard setback to meet the required slope. Temporary ramps shall not have permanent below grade footings.

      (2)   Permanent ramps to provide barrier free access to a single-family home, or ramps at a structure other than a single-family home, shall be required to meet necessary side yard setbacks and shall be permitted to encroach into the front yard setback up to ten (10) feet.

   The minimum floor area of dwelling units shall be as follows, and shall be satisfied within the stories above the basement:

 

   (a)   No permit shall be granted for the moving of buildings or structures from outside of or within the limits of the City to be placed on property within said limits unless the Building Official completed an inspection of the building to be moved and has found that it is structurally safe, will not adversely affect the character of existing buildings in the neighborhood at the new location, and will fully comply with the Building Code and other codes regulating public health, safety, and general welfare. A performance guarantee, as established by the City Council, of sufficient amount to insure the cost of completing the building for occupancy within a period of not less than six (6) months from date of permit shall be furnished before permit is issued.

   (b)   Any building to be moved shall be subject to all the limitations and requirements herein set forth relating to uses, construction, permits, and certificates of said new zoning district.

   No permit shall be issued to demolish a building except in accordance with the requirements of this section.

   (a)   Upon receipt of an application for a demolition permit, the Building Official, in coordination with the Zoning Administrator, shall make a determination whether the building is historically significant or contributing, based on historic studies that may be prepared from time to time. If sufficient information is not available to make a determination, the Building Official may request the assistance of the Planning Commission.

   (b)   If a building is determined to be historically significant or contributing, the Building Official shall not issue a demolition permit until a period of ninety (90) days from the date of application has elapsed.

   (c)   If a building is determined to be non-contributing, the Building Official shall issue a demolition permit within a period of ten (10) days from the date of application.

   (d)   Nothing in this section shall be construed as to prevent enforcement of Chapter 1480, Unsafe Buildings Ordinance.

   In any district except a CBD Central Business District, no fence, wall, shrubbery, sign or other obstruction to vision above a height of thirty-six (36) inches from the established street grade shall be permitted within the triangular area formed at the intersection of street right-of-way lines, by drawing a straight line between such right-of-way lines at a distance along each line of twenty-five (25) feet from their point of intersection. See Figure 15 in the Appendix.

   (a)   A temporary building and/or use shall be reviewed in accordance with the provisions outlined in Section 3.08.

   (b)   The following standards shall apply to temporary buildings and/or uses:

      (1)   The granting of a permit for the temporary building and/or use shall in no way constitute a change in the basic uses permitted in the district or on the property where the temporary building and/or use are permitted.

      (2)   No temporary building shall be located on a parcel without a permanent, principal building.

      (3)   Temporary buildings (including tents and commercial vehicles) may not be used for commercial purposes unless the proposed building/use is incidental to an existing commercial use located on the same parcel.

      (4)   With the exception of Sidewalk Café Service, approval may be granted for a period not to exceed one (1) year.

      (5)   All temporary buildings shall comply with all setback requirements for the district in which the building is being located.

   (c)   Use of Property as Voting Place. This Zoning Ordinance shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a City or other public election.

   (d)   Outdoor seasonal sales shall be permitted at any retail establishment, subject to the following conditions.

      (1)   The request for outdoor sales shall be submitted, in writing to the Zoning Administrator, prior to the beginning of the sale and shall outline the time period for the outdoor sales.

      (2)   Any tents being used as part of the outdoor sale shall be approved only upon the issuance of a building permit and an inspection by the Fire Marshal.

      (3)   All outdoor seasonal sales shall comply with the standards of Section 6.18.

   (a)   Standards.

      (1)   Construction Standards. Minimum construction standards for all one-family dwellings shall be pursuant to all applicable State, Federal and/or local laws, codes and ordinances.

      (2)   Unit Size and Dimensions. Each dwelling unit shall comply with the minimum square footage requirements of the zoning district in which it is located. Each dwelling unit shall have a minimum width on all elevations of twenty-four (24) feet.

      (3)   Foundation and Anchoring. 

         A.   One-family dwellings must be installed on a permanent foundation. At a minimum, this shall include a cement block or poured foundation with cement footings around the complete outside perimeter of the dwelling. A basement, in accordance with applicable City Codes, may be substituted for equivalent portions of the foundation. If the foundation or basement does not meet specifications for imposed load capacity, adequate additional support shall be provided.

         B.   A crawl space of not less than twenty-four (24) inches shall be provided between the bottom of the home and the ground level. The crawl space shall not be utilized for storage purposes.

         C.   A minimum of two (2) exterior doors must be provided. All means of access, such as porches, steps and ramps, shall be fixed to the foundation of dwellings.

      (4)   Roof Design. The roof of each dwelling unit shall be pitched with a minimum 5:12 slope and shingled, with an overhang of not less than six (6) inches on all sides. The roof must be permanently attached to and supported by the dwelling and not by exterior supports. All dwellings shall have roof drainage systems concentrating roof drainage at collection points. Eaves troughs must be provided where appropriate.

   Exceptions to roof design and materials may be granted when said roof design and materials are typical of a particular architectural style and/or are compatible with dwelling units in the surrounding area. Sealed architectural plans shall be furnished to the Zoning Administrator for his or her review as to this exception.

      (5)   Sewer and Water Service. All one-family dwellings shall be served by public sewer and water service, where available, or approved on-site systems in the case where public sewer and water service are not available.

      (6)   Storage Areas. All one-family dwellings shall contain inside storage areas equal to ten (10) percent of the square footage of the building, or one hundred (100) square feet, whichever is less. Such storage areas may be located in a basement beneath the dwelling, in an attic area, in one (1) or more closet areas or in an attached or detached structure, with construction standards and material of equal quality and durability to the principal structure.

   (b)   Compatibility Determination.

      (1)   In terms of construction standards, character, materials, design, appearance, aesthetics and quality, all dwellings shall be compatible, (i.e. meet equal or greater standards), as compared with existing dwellings in the area. The Zoning Administrator shall make the determination of compatibility in the first instance, based upon the plans, specifications and elevations that shall be presented upon application for a building permit. Such determination shall be made in view of the following:

         A.   The area of consideration. If the dwelling is to be located in a platted subdivision, planned unit development or site condominium development, it shall be compatible with the houses in the plat. If not in a platted subdivision, planned unit development or site condominium development, it shall be compatible with the dwellings within five hundred (500) feet of the property in question.

         B.   The square footage of floor space.

         C.   The length, width and height of the structure.

         D.   The architectural type and design, including, without limitation, exterior materials, the custom nature of the design, the roof style and the like, to the extent that the same would likely bear upon property values.

         E.   The attachment of garages.

         F.   Maximum lot coverage shall be in accordance with Section 4.07(n).

These regulations shall not be construed to prohibit innovative design concepts involving such matters as energy conscious devices, including solar energy, view, unique land contour and/or custom qualities.

      (2)   The Zoning Administrator may request a review by the Planning Commission of any dwelling unit with respect to this section. The Zoning Administrator or the Planning Commission shall not seek to discourage architectural variation, but shall seek to promote the reasonable compatibility of the character of dwelling units, thereby protecting the economic welfare and property value of surrounding residential uses and the City at large.

   Home occupations that are clearly incidental and secondary to the principal residential use are permitted in specific zoning districts; however, the following conditions shall apply:

   (a)   The total floor area utilized by the home occupation shall not exceed an area defined as not more than twenty-five (25) percent of the total floor area of any one (1) story of the residential premises so used.

   (b)   The home occupation shall involve no employees on the premises, other than members of the immediate family residing on the premises.

   (c)   All home occupation activities shall be conducted indoors, except gardening.

   (d)   There shall be no outside display of any kind, or other external or visible evidence of the conduct of a home occupation. Signs advertising a home occupation are prohibited.

   (e)   There shall be no vehicular traffic permitted for the home occupation, other than that which is normally generated for a one-family dwelling unit in a residential area, both as to volume and type of vehicles.

   (f)   No home occupation shall be permitted which is injurious or a nuisance to the general character of the residential district or which creates a congested or otherwise hazardous traffic or parking condition.

   (g)   Any uses inconsistent with the home occupation provisions of this Zoning Ordinance shall be permitted to continue, but only until there is any change in the ownership of the land so used from and after the effective date of this section.

   (h)   Any uses inconsistent with the home occupation provisions of this Zoning Ordinance shall have one (1) year from and after the effective date hereof to cease and desist or to comply with this section.

   (a)   Intent. The intent of this section is to promote the public's health, safety, and general welfare by: minimizing noise, air, and visual pollution; improving the appearance of off-street parking and other vehicular use areas; requiring buffering between non-compatible land uses; regulating the appearance of property abutting public rights-of-way; protecting and preserving the appearance, character, and value of the community and its residential neighborhood areas; preventing soil erosion and soil depletion; and promoting soil water retention. It is further the intent of this section to ensure an appropriate mixture of plant material, such as evergreens, deciduous trees and shrubs, as a protective measure against insect and disease infestation and to produce a more aesthetic and cohesive design.

   (b)   Application. These requirements shall apply to all uses for which site plan review is required. No site plan shall be approved unless said site plan depicts landscaping, greenbelt buffers, and screening consistent with the requirements set forth herein.

   (c)   Landscape Plan Required. A separate detailed landscape plan shall be required to be submitted as part of the site plan review. On sites of greater than one (1) acre, landscape plans shall be prepared and sealed by a registered landscape architect, licensed in the State of Michigan. The landscape plan shall include, but not necessarily be limited to, the following items:

      (1)   Location, spacing, size, and root type (bare root (BR) or balled and burlapped (BB)) and descriptions for each plant type proposed for use within the required landscape area.

      (2)   The minimum scale shall be 1" = 40' for property less than five (5) acres, or 1" = 100' for property five (5) acres or more. A different scale may be used provided it is sufficient to properly illustrate the landscape plan concept and that Ordinance requirements are met.

      (3)   On parcels of more than one (1) acre, existing and proposed contours on-site and fifty (50) feet beyond the site at intervals not to exceed two (2) feet.

      (4)   Typical straight cross-section, including slope, height, and width of berms and type of ground cover, or height and type of construction of wall, including footings.

      (5)   Significant construction details to resolve specific site conditions, such as tree wells to preserve existing trees or culverts to maintain natural drainage patterns.

      (6)   Planting and staking details in either text or drawing form to ensure proper installation of proposed plant materials.

      (7)   Identification of existing wetlands, forested areas, trees and vegetative cover to be preserved.

      (8)   Identification of grass and other ground cover and method of planting.

      (9)   Identification of landscape maintenance program, including a statement that all diseased, damaged, or dead materials shall be replaced in accordance with standards of this section.

      (10)   Identification of mulch in planting beds.

   (d)   Screening Between Land Uses.

      (1)   Upon any improvement for which a site plan is required, excluding duplexes, a landscape buffer shall be constructed to create a visual screen at least six (6) feet in height along all adjoining boundaries with residentially zoned or used property, as well as along all parcels abutting the I-96 corridor. A landscape buffer may consist of earthen berms and/or living materials so as to maintain a minimum opacity of at least eighty (80) percent. Opacity shall be measured by observation of any two (2) square yard areas of landscape screen between one (1) foot above the established grade of the area to be concealed and the top or the highest point of the required screen. The plantings must meet this standard based upon reasonably anticipated growth over a period of three (3) years.

      (2)   Where there is a need to provide a greater noise or dust barrier or to screen more intense development, a solid wall or fence shall be required. Such wall or fence shall be a minimum of six (6) feet in height as measured on the side of the proposed wall having the higher grade.

   A required wall shall be located on the lot line except where underground utilities interfere and except in instances where this Zoning Ordinance requires conformity with front yard setback requirements. Upon review of the landscape plan, the Planning Commission may approve an alternate location of a wall. A required wall may be located on the opposite side of an alley right-of-way from a non-residential district that abuts a residential district or use when mutually agreeable to affected property owners and the Planning Commission. The continuity of the required wall on a given block shall be a major consideration of the Planning Commission in reviewing such a request. The Planning Commission and the Zoning Administrator shall approve the construction materials of the wall or fence, which may include face brick, poured- in-place simulated face brick, precast brick face panels having simulated face brick, stone or wood.

      (3)   For off-street parking areas located either within a P-1 or other district, there shall be provided and maintained a solid wall of at least four (4) feet in height on those sides where the parking area abuts a residentially zoned or used property. When a front yard setback is required, all land between the wall and the front property line or street right-of-way line shall be kept free from refuse and debris and shall be landscaped with deciduous shrubs, evergreen material and ornamental trees. The ground area shall be planted and kept in lawn.

   (e)   Parking Lot Landscaping. Separate landscaped areas shall be required either within or at the perimeter of parking lots. There shall be one (1) tree for every eight (8) parking spaces, with a minimum landscaped space within a designated parking area of fifty (50) square feet. A minimum distance of three (3) feet shall be established between proposed tree or shrub plantings and the backside of the curb or edge of the pavement. See Figures 4 and 16 in the Appendix for a depiction of landscaping options for parking lots.

   (f)   Greenbelt Buffers. The greenbelt, which is equal to the minimum required yard setback of its zoning classification, shall be landscaped with a minimum of one (1) tree per each thirty (30) linear feet. All greenbelt trees shall be no less than twelve (12) feet in height or a minimum caliper of two and one-half (2.5) inches (whichever is greater at the time of planting). The remainder of the greenbelt shall be landscaped with grass, ground cover, shrubs, and/or other natural landscape material. Access ways from public rights-of-way through required landscape strips shall be permitted, but such access ways shall not be subtracted from the linear dimension used to determine the minimum number of trees required, unless such calculation would result in a violation of the spacing requirement set forth in this section. However, when an unusual or limiting hardship exists that is not self-created, the Planning Commission may waive the side and/or rear greenbelt requirements.

   (g)   Site Landscaping. In addition to any landscape greenbelt and/or parking lot landscaping required by this section, ten (10) percent of the site area, excluding existing thoroughfare right-of-way, shall be landscaped. Such site area landscaping may include a combination of the preservation of existing tree cover, planting of new trees and plant material, landscape plazas and gardens and building foundation planting beds. Site area landscaping shall be provided to screen potentially objectionable site features, such as, but not limited to, retention/detention ponds, transformer pads, air-conditioning units, and loading areas. See Figure 17 in the Appendix for a depiction of example site landscaping.

   Up to five (5) percent of the net site area in a required landscape area may consist of landscaped areas used for storm drainage purposes, such as drain courses and retention areas, which are located in front or side yards, subject to the following conditions:

      (1)   The area may not have a slope greater than one (1) on six (6).

      (2)   The area within a fenced drain course or retention pond may not be included in the required landscape area.

      (3)   Drain courses or stream bottoms may not be included in the required landscape area.

      (4)   Materials used to landscape these areas must be those which will not be damaged by intermittent water conditions and shall be maintained in a healthy and growing condition as well as being neat and orderly in appearance.

   (h)   Landscape Elements. The following minimum standards shall apply.

      (1)   Quality. Plant material and grasses shall be of generally acceptable varieties and species, free of insects and diseases, hardy to Livingston County, conform to the current minimum standard of the American Association of Nurserymen, and have proof of any required governmental regulations and/or inspections.

      (2)   Berms. Berms shall be constructed with slopes not to exceed a 1:3 gradient. Berm slopes shall be protected with sod, seed, or other form of natural ground cover.

      (3)   Existing Trees. If existing plant material is labeled "To Remain" on site plans by the applicant or required by the City, protective techniques, such as, but not limited to, fencing or barriers placed at the drip line around the perimeter of the plant material shall be installed during construction. No vehicle or other construction equipment shall be parked or stored within the drip line of any plant material intended to be saved. Other protective techniques may be used provided such techniques are approved by the City.

   In the event that healthy trees which are used to meet the minimum requirements of this section or those labeled to remain are cut down, destroyed, damaged, or excavated at the drip line, as determined by the City, the contractor shall replace them with trees which meet Ordinance requirements.

      (4)   Installation, Maintenance, and Completion. All landscaping required by this section shall be planted prior to obtaining a certificate of occupancy. Cash, a letter of credit, and/or a certified check may shall be placed in escrow in the amount of the cost of landscaping to be released only after landscaping is completed.

      All landscaping and landscape elements shall be planted, and earth moving or grading performed, in a sound, workmanlike manner and according to accepted good planting and grading procedures.

   The owner of property required to be landscaped by this section shall maintain such landscaping in a reasonably healthy condition, free from refuse and debris. All unhealthy and dead material shall be replaced within one year of damage or death or the next appropriate planting period, whichever comes first.

   (i)   Screening of Trash Containers.

      (1)   Outside trash disposal containers shall be screened on three (3) sides with a solid wall no less than one (1) foot taller than the dumpster and no less than six (6) feet in height, while the fourth side shall consist of a lockable fence of equal height. See Figure 18 in the Appendix for a depiction of a typical trash container screen.

      (2)   Containers shall be consolidated to minimize the number of collection sites, and located so as to reasonably equalize the distance from the building they serve.

      (3)   Containers and enclosures shall be located away from public view insofar as possible.

      (4)   Containers and enclosures shall be situated so that they do not cause excessive nuisance or offense to occupants of nearby buildings.

      (5)   Concrete pads of appropriate size and construction shall be provided for containers or groups of containers having a capacity of six (6) thirty (30) gallon cans or more. Aprons shall be provided for loading of bins with capacity of 1.5 cubic yards or more.

      (6)   For storage of recyclable materials, the enclosure area and pad size shall be increased to amply accommodate the extra materials and their containers.

      (7)   Screening and gates shall be of a durable construction. Fences, walls, footings, slabs, and curbs shall meet Building Code requirements. Gates shall be constructed of heavy-gauge metal or of a heavy-gauge metal frame with covering of wood or other suitable material. Gates shall be secured with sturdy hinges or sliders and latches. If the enclosure is situated directly adjacent to parking spaces or drives, it shall be protected at its base by concrete curb blocks.

   (j)   Entranceway Structures. In residential districts, so-called entranceway structures (including, but not limited to, walls, columns and gates), marking entrances to one-family subdivisions or multiple family housing projects, may be permitted and may be located in a required yard, except as otherwise provided in Section 5.06, provided that such entranceway structures comply with all codes and ordinances of the City, are approved by the Zoning Administrator and have a permit issued therefore.

   (k)   Trees in the Right-of-Way. All trees proposed to be located within the public right-of-way shall be subject to approval by the Livingston County Road Commission and/or Michigan Department of Transportation, and shall prohibit the planting of the following tree species:

   Silver Maple         Tree of Heaven   Northern Catalpa      Poplar

   American Elm         Box Elder      Norway Maple      Willow

   Eastern Red Cedar      Chinese Elm      Siberian Elm

Additionally, all trees planted in the right-of-way shall comply with Section 5.06, visibility requirements are provided in this Zoning Ordinance.

   (l)   Minimum Size and Spacing Requirements. Where landscaping is required, the following schedule sets forth minimum size and spacing requirements.

 

   A.   Residential Through and Interior Lots. A fence or wall not more than six (6) feet in height may be constructed in a required rear or side yard, and a fence or wall not more than thirty-six (36) inches in height may be constructed in the required front yard (e.g. along the property line). For buildings existing within the required front setback, the thirty-six (36) inch height restriction shall be in line with the adjacent house farthest from the front property line. However, the posts or columns associated with a thirty-six (36) inch fence may be forty-eight (48) inches tall.

   B.   Residential Corner Lots. A fence or wall shall be subject to the height requirements of Section 5.06, which details the clear space requirements for visibility at the intersection. Additionally, a fence or wall located within the addressed side of the front yard and outside of the clear space may be not more than thirty-six (36) inches in height while along the nonaddressed required front yard the fence or wall may be forty-eight (48) inches in height. For buildings existing within the required front setback, the height restrictions shall be in line with the adjacent house farthest from the front property line. Fences along the rear yard may be six (6) feet in height as noted for residential through and interior lots.

   C.   Nonresidential Lots. A fence or wall not more than six (6) feet in height may be constructed in a required rear or side yard, except as permitted elsewhere in this Chapter. For buildings existing within the required front setback, the height restrictions shall be in line with the front line of the existing building.

   Essential services are permitted as authorized and regulated by law and other ordinances of the City, it being the intention of this section to exempt such essential services from the application of this Zoning Ordinance.

   (a)   The outdoor storage of commercial/industrial equipment and vehicles, when not intended for resale, is only permitted within the I-1, Light Industrial and I-2, General Industrial zoning districts. In all other districts, the storage of equipment and vehicles, when not intended for resale shall be within a fully enclosed structure.

   (b)   All areas intended for outdoor storage shall be designated as such on the site plan.

   (c)   The designated outdoor storage area shall be screened from view by no less than an eight (8) foot fence or solid wall and/or a double staggered row of eight (8) foot tall evergreens planted to ensure an 80% opacity.

   (d)   No equipment and/or vehicles shall be visible from the adjacent property and/or roadway.

   (e)   Semi-trailers and other similar vehicles may not be used as temporary storage facilities unless associated with a freight terminal, trucking/cartage facility, and/or truck and industrial equipment storage yards for which they may remain on-site for no more than seven (7) consecutive days. All such vehicles shall remain operable and licensed during the time they remain on the property.

   (f)   All outdoor storage areas shall be paved with a hard surface and curbed to ensure adequate containment in the event a contaminant spills while stored on site.

   (g)   No outdoor storage shall be permitted within the front yard and shall be setback no less than fifty (50) feet from any non-industrial property line and from all perimeter roadways.

   (h)   No less than one (1) acre of land shall be required to operate all such uses.

   (i)   When intended as a temporary building and/or use, the provisions of Section 5.07 shall apply.

      (a)   A family.

      (b)   Two offstreet parking spaces must be provided. Additional parking spaces may be required by the Planning Commission if any of the following conditions are met:

   (4)   The Zoning Board of Appeals may grant a variance from the standards of this section if it is reasonably necessary to give a handicapped person (as defined in 42 USC Section 3602) equal opportunity to use and enjoy a dwelling.

   (5)   The occupancy limits of this section do not apply to rooming or boarding houses, fraternity or sorority houses, student cooperatives, emergency shelters, or convalescent homes.

      (a)   Any person desiring to secure a permit for a Collection Bin in the City of Howell shall make an application to the Community Development Department.

      (b)   A permit shall be obtained for each Collection Bin proposed. A separate fee shall be paid for each Collection Bin.

      (c)   The application for a permit shall be upon a form provided by the Community Development Department and shall require the following information:

         i.   The signature of an individual who is an officer, director, manager, or member of the applicant entity.

         ii.   The name, address, and email address of all partners of a partnership, all members of an LLC, all officers and directors of a non-publicly traded corporation, all stockholders owning more than 5% of the stock of a non-publicly traded corporation, and/or any other person who is financially interested directly in the ownership or operation of the business, including all aliases.

         iii.   Location of any previously approved permits for Collection Bins or unlicensed Collection Bins within the City.

         iv.   Name, address, email, and telephone number of a contact person for all matters related to the Collection Bin during the application and once licensed.

         v.   The physical address of the real property where the Collection Bin is proposed to be located.

         vi.   A scaled drawing sufficient to illustrate the proposed location of the Collection Bin on the real property and the dimensions of the proposed Collection Bin.

         vii.   A picture of rendering of the proposed Collection Bin.

         viii.   An affidavit, on a form provided by the Community Development Department, signed by the real property owner providing written permission for the Collection Bin on the property. This affidavit shall be executed by the same individual signing the application under subsection (i) above.

      (d)   A nonrefundable fee in an amount established by resolution of the City Council shall accompany all applications for Collection Bins.

      (e)   The City Manager, or their designee, shall approve or deny the application within ten days of the submittal of a complete application, with specific reasons for denial stated in writing.

      (f)   No person to whom a permit has been issued shall transfer, assign, or convey such permit to another person or legal entity.

      (a)   Collection Bins shall be metal and maintained in a good physical condition and appearance, with no structural damage, holes, or visible rust, and shall be free from all graffiti, stickers, or other exterior markings not shown on the permit application.

      (b)   All Collection Bins shall be locked or otherwise secured in such a manner that the contents cannot be accessed by anyone other than those responsible for the retrieval of the contents.

      (c)   There shall be, in at least one-half inch lettering on the front of each Collection Bin, the name, address, email, website, and phone number of the operator, as well as whether or not the Collection Bin is owned and operated by a for-profit or a not for profit company.

      (d)   No other information, advertising, or logos other than those related to the operator and shown on the permit application shall be permitted on the Collection Bin.

      (e)   At least every 30 days, or sooner as needed, Collection Bins shall be serviced and emptied.

      (f)   The permitted and property owner shall maintain, or cause to be maintained, the area immediately surrounding the Collection Bins free from any junk, debris, overflow items, or other material. The property owner shall be responsible for the City's cost to abate any nuisance.

      (a)   Collection Bins are not permitted on any residentially zoned property or any land used for residential purposes.

      (b)   No Collection Bin shall be permitted on any unimproved parcel.

      (c)   If the principal use of any parcel has been closed or unoccupied for more than 30 days, all Collection Bins located on the parcel shall be removed.

      (d)   No more than two Collection Bins, both of which must be owned by the same permittee, may be permitted on a single parcel of record. They may be placed side by side, no more than one foot apart.

      (e)   There shall be a 1,000-foot separation between Collection Bins, measured as a straight line from one Collection Bin to another.

      (f)   Collection Bins shall be no more than seven feet in height, six feet in width, and six feet in depth.

      (g)   No visual obstruction to vehicular or pedestrian traffic shall be caused by the placement of any Collection Bin.

      (h)   A ten-foot setback is required from all public rights-of-way, driveways, and any adjacent residential property.

      (i)   No setback is required from private sidewalks if five feet of clearance is maintained.

      (j)   Fire lanes and building exits shall not be impeded by the placement of a Collection Bin.

      (k)   Collection Bins shall not be placed on or interfere with any access drive, off-street parking space, or parking lot maneuvering lane, nor shall any Collection Bin cause a safety hazard or unnecessary inconvenience to vehicular or pedestrian traffic.

      (l)   All Collection Bins shall be placed on a level surface paved with either asphalt or concrete.

      (a)   All permit years shall begin on January 1 in each year and shall terminate on December 31 of the same calendar year. An annual permit issued between those dates shall expire on December 31 of the same calendar year.

      (b)   Collection Bin permits shall be renewed on an annual basis. The application form must be submitted no later than 30 days before the expiration of the permit.

      (c)   The City Manager, or their designee, shall approve or deny the renewal application within ten days of the submittal of a complete application, with specific reasons for denial stated in writing. Failure of the City Manager, or their designee, to act within ten days shall constitute approval of the renewal of the permit.

      (d)   A permit renewal fee set by resolution of the City Council shall be submitted with the application for renewal.

      (e)   The permittee may voluntarily cancel a permit at any time by notifying the City Manager, in writing, of the intent to cancel the permit. A permit shall become void upon the receipt of such notice.

      (f)   Renewal requests shall be approved if the City Manager, or their designee, finds no circumstances existed during the term of the permit that would cause a violation to exist and that at the time of the submission of the application for renewal, or at any time during the renewal process, there were no circumstances inconsistent with any finding required for approval of a new permit.

      (g)   Any permittee whose permit has been revoked shall be denied renewal of the permit for the subsequent calendar year.

      (h)   If a permit expires and is not renewed, the Collection Bins must be removed from the real property within ten days after the expiration of the permit.

      (a)   The City Manager shall have the right to revoke any permit issued hereunder for a violation of this section. Any of the grounds upon which the City Manager may refuse to issue an initial permit shall also constitute grounds for such revocation. In addition, the failure of the permittee to comply with the provisions of this section or other provisions of this Code or other law shall also constitute grounds for revocation of the permit. The City Manager shall provide a written notification to the permittee and property owner stating the specific grounds for a revocation and a demand for correction and abatement. The notice shall allow a maximum of ten days from mailing of the notice to correct or abate the violation. Upon failure to make the correction or abatement, the permit shall be revoked by the City Manager.

      (b)   Upon revocation, the Collection Bin shall be removed by the real property within ten days and, if not so removed within the time period, the City may remove, store, or dispose of the Collection Bin at the expense of the permittee and/or real property owner. All costs associated with the removal of the Collection bin incurred by the City or the City's contractor shall be the responsibility of the property owner. If such obligation is not paid within 30 days after mailing a bill of costs to the property owner, the City may place a lien upon such real property enforceable as a tax lien in the manner prescribed by the general laws of this state against the property and collected as in the case of general property tax. If the same is not paid prior to the preparation of the next assessment roll of the City, the amount shall be assessed as a special tax against such premises on the next assessment roll and collected thereunder.

      (c)   A permit for a Collection Bin may be revoked if any governmental authority or agency determines that the Collection Bin has violated the Michigan Consumer Protection Act and/or the Charitable Organizations and Solicitations Act.

      (a)   In addition to revocation of the permit provided in Section (6) above, any person violating the provisions of this section is guilty of a Civil Infraction, pursuant to Chapter 208 of the City code.

      (b)   Any condition caused or permitted to exist in violation of the provisions of this section, or any other ordinance, shall be deemed a new and separate offense for each day that such condition continues to exist.

      (c)   Nothing in this section shall prevent the City from pursuing any other remedy provided by law in conjunction with or in lieu of prosecuting persons for violations of this Section.

      (d)   The real property owner and permittee shall be jointly and severally liable for each violation and for payment of any fine and costs of abatement.

      (e)   No fines shall be imposed for a violation of this section until 90 days after its effective date. All Collection Bins existing as of the effective date of this Section shall apply for a permit as required herein within 30 days of the effective date. Any Collection Bins not in compliance with this section after 90 days of the effective date shall be subject to all remedies for violations as provided herein.