Inkster City Zoning Code
GENERAL DEVELOPMENT
STANDARDS
§ 155.071 INTENT.
The requirements of this subchapter are intended to assure that new development is compatible with anticipated future land uses or existing development in terms of scale and character of architecture, landscaping and screening, site amenities, off-street parking and loading, traffic and other physical features of site development. These standards may be more stringently modified in complementary provisions of this chapter.
(Ord. 792, passed 12-3-01)
§ 155.072 ARCHITECTURAL FEATURES.
(A) Accessory buildings. Accessory buildings, except as otherwise permitted in this chapter, shall be subject to the following regulations:
(1) Where the accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all regulations of this chapter applicable to main building.
(2) Accessory buildings shall not be erected in any required yard, except a rear yard.
(3) An accessory building in R-1A, R-1B, R-1C, RM, RM-1, O-1 and B-1 Districts shall not exceed one story or 14 feet in height, nor shall it occupy more than 25% of a required rear yard plus 40% of any non-required rear yard; provided that in no instance shall the accessory building exceed the ground floor area of the main building. Accessory buildings in all other districts may be constructed to equal the permitted maximum height of structures in said districts, subject to the Zoning Board of Appeals’ review and approval.
(4) No detached accessory building shall be located closer than ten feet to any main building, nor shall it be located closer than three feet to any side or rear lot line. In those instances where the rear lot line is coterminous with an alley right-of-way, the accessory building shall not be closer than one foot to such rear lot line. In no instance shall an accessory building be located within a dedicated easement right-of-way.
(5) When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line, said building shall not project beyond the front yard line required on the lot in rear of such corner lot. When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the side lot line of the lot, said building shall not project beyond the side yard line of the lot in the rear of such corner lot.
(6) When an accessory building exceeds 444 square feet in area and/or one story or 14 feet in height, in any residence or business district, and is intended for other than storage of private motor vehicles, the accessory use shall be subject to the approval of the Zoning Board of Appeals.
(B) Attached garages. The openings for attached garage doors shall not comprise more than 45% of the width of the front facade of single- and two-family dwelling, including the attached garage.
(C) Massing. Structures with walls greater than 1,500 square feet must incorporate building setbacks of at least 3 feet to separate the wall into facade planes not greater than 500 square feet. In addition, facades shall incorporate canopies, fascias or other distinguishing entrance features to the maximum extent feasible.
(D) Appearance. One- and two-family dwellings shall be compatible with other similar type existing dwelling units on the same block face in such architectural characteristics as roof style and overhang, garage design, building massing, front porches, exterior building materials and pattern of window and door openings.
(E) Lot pattern. The creation of new flag or irregularly shaped lots is prohibited unless it is necessary to match the existing surrounding lot pattern.
(F) Exterior colors. The color of the exterior materials must be of low-reflectance, subtle, neutral colors. The use of high-intensity or reflectance, and fluorescent colors is prohibited. Building trim may exhibit brighter colors, except neon tubing is prohibited. In all situations in which an application for site plan review is required, the selection of all exterior colors shall be subject to the site-plan review process pursuant to the provisions of § 155.286(B). Planning Commission may also approve public art and murals, pursuant to the provisions of § 155.286(B).
(1) Earth tone shall be defined as “any of the various rich colors containing, black brown, grey, and green.”
(2) Fluorescent shall be defined as “any color containing any shade of yellow, red, or orange.”
(3) High intensity or reflectance shall be defined as “any color that is bright, shiny or mirrory.”
(4) Neon shall be defined as “any color that is extremely bright.”
(G) Facade windows. At least 30% of the ground floor street facades for retail, office, service, governmental or institutional uses in an O-1, B-1, B-2, B-3 or TCD district shall be constructed with windows or other transparent material to allow pedestrians to view interior activities or displayed products.
(H) Porches. One- and two-family residences and townhomes shall be constructed with front porches minimally six feet in depth to provide a usable sitting area. Enclosed structures shall be counted as part of the overall lot coverage.
(I) Rear porches or decks. Rear porches or decks shall not exceed 12 feet in depth. Enclosed structures shall be counted as part of the overall lot coverage.
(Ord. 792, passed 12-3-01; Am. Ord. 799, passed 1-5-04; Am. Ord. passed 2-20-17)
§ 155.073 SITE DESIGN FEATURES.
(A) Residential entranceway. In R- 1A, R-1B, R-1C, RM, RM-1, TCD and PD residential districts, entranceway structures, including but not limited to walls, columns and gates, marking entrances to single-family subdivisions or multiple housing projects, may be permitted and may be located in a required yard, except as provided in §§ 155.151 through 155.154, Alternate Development Options, and §§ 155.231 through 155.252, Signs; provided that such entranceway structures shall comply to all codes and ordinances of the city and shall be approved by the Building Official or designee and a permit issued.
(B) Corner clearance. No fence, wall, shrubbery, sign or other obstruction to vision above a height of 30 inches from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines at a distance along each line of 25 feet from their point of intersection.
(C) Multiple building multiple-family developments. The following requirements shall be followed when two or more buildings are located on a lot. These regulations are pertinent for all multiple-family residential types including two-family flats or duplexes, townhomes, garden apartments, terrace homes, mid- and high-rise developments, similar residential types or a mixture of such uses.
(1) The minimum horizontal distance between building fronts and rears (and building ends if adjacent to front or rear) shall average 40 feet for buildings one story in height. The average shall not be less than 30 feet at one end if proportionately increased at the other end for angular relationships. The minimum distance shall be increased by not less than five feet for each additional story.
(2) The minimum horizontal distance between building ends shall be at least 20 feet for buildings one or two stories in height. This distance shall be increased by five feet for each additional story.
(D) Plant materials - landscaping, greenbelts and buffers. Whenever a greenbelt or planting screen is required under the provisions of this chapter, such greenbelt or planting screen shall be subject to the following conditions:
(1) Installation. All landscaping shall be installed in a manner consistent with the standards of the American Association of Nurserymen, the approved site plan, and the following:
(a) Deadline for installation. Installation of required screening and landscaping shall be completed prior to or at the time of completion of building construction, except when building construction is completed during the off-season when plants cannot be installed, in which case the owner shall provide a performance guarantee to ensure installation of required landscaping in the next planting season.
(b) Extension. The city may extend the deadline to allow installation of required plant materials by the end of the next planting season upon determination that weather conditions, development phasing, or other factors would jeopardize required plant materials and prevent their installation by the deadline specified in this section.
(c) Performance Guarantee. Installation and maintenance bonds may be required.
(2) Performance Bond. Whenever a site plan requires any type of landscaping, the applicant may be required to post a Performance Bond prior to the issuance of a temporary or final Certificate of Occupancy to ensure the completion of landscaping (including irrigation) if the landscaping is not 100% complete when any certificate of occupancy is requested. The city will inspect the landscaping and determine the percentage of completion and a performance bond must be submitted to the city by the developer in the sum equal to the unfinished portion of the landscape work. If the landscaping is 100% compete and approved no Performance Bond will be required.
The selection, spacing and size of plant material shall be such as to create, within a five-year period from the date of planting, a horizontal obscuring effect for the entire length of the required greenbelt area, and a vertical obscuring wall effect of such height as is determined adequate by the Planning Commission for proper screening between land uses.
(3) Plant material spacing. Spacing of plant materials required shall be as follows:
(a) Plant materials shall not be placed closer than four feet from the fence line or property line.
(b) Deciduous and all shrubs may not be planted within five feet, and evergreen trees may not be planted within ten feet of any a curb or public walkway.
(c) Trees and shrubs may not be planted within ten feet of a fire hydrant.
(d) Where plant materials are planted in two or more rows, planting shall be staggered in rows.
(e) Where shrub plantings are required to form a continuous hedge or used for screening purposes, the plants shall not be spaced more than 36 inches on center at planting, and shall have a minimum height and spread of 30 inches at planting. Shrubs that will not attain sufficient width to form a complete hedge spaced 36 inches on center shall be planted at a spacing that will allow them to form a complete hedge within two years of planting.
(4) Size and variety of plant materials. To ensure adequate variety, and to avoid monotony and uniformity within a site, required plant materials shall not include more than 20% of any single plant species, and shall comply with the following schedule for minimum sizes at planting:
PLANT MATERIAL REQUIREMENTS | |
Screening Materials | Minimum Size at Installation |
Deciduous Shade Trees | 2.5 caliper-inches* |
Evergreen Trees | 6 feet height and 5 feet spread |
Deciduous Ornamental Trees | 2 caliper-inches* or 6 feet overall height |
Shrubs | 30 inches in height, 24 inches in spread when used for screening or buffering purposes, or 3 gallon container size when used for other purposes |
Groundcovers | Shall be from flats |
*Caliper-inches measured twelve (12) inches above grade.
The Planning Commission may approve modifications from the above table for appropriate landscape materials that do not meet the above minimum size requirements or are not readily available at landscape supply yards in the required size. If smaller materials are approved the difference for the smaller materials shall be compensated with additional material being provided. In approving such a modification, the Planning Commission shall determine that the substituted plant material size will meet the intent of this section, and that providing a landscape material that meets the above size requirements is impractical or not feasible.
Suggested Trees | |
Tree Size | Tree Type |
Small Trees | Dogwood, Prunus, Service Berry, Crabapple, and Fir |
Medium Trees | Maple, Cherry, Bradford Pear, Honey Locust, and White Pine |
Large Trees | Sycamore, Elm, Chestnut, Red Oak, and Beech |
(5) The following shall apply to all groundcover materials:
(a) Lawn areas shall be planted in species of grass normally grown as permanent lawns in Michigan. Grass may be sodded or hydro-seeded, provided that adequate measures are taken to minimize soil erosion. Sod or seed shall be clean and free of weeds and noxious pests or disease.
(b) A minimum four-inch layer of shredded hardwood bark shall be placed in all planter beds containing trees or shrubs and around the base of all trees planted within lawn areas (mulch cover the entire planting pit width). To aid in maintenance operations all shrubs planted within lawn areas are to be planted in groups and mulched as a group, and hedgerows are to be mulched as one continuous strip.
(c) Live groundcovers such as myrtle (Vinca minor), blue rug junipers (Juniperus horizontalis ‘Wiltonii’), Baltic ivy (Hedera helix ‘Baltica’, Pachysandra (Pachysandra terminalis) and other similar vines and plant material should be mulched with a two-inch layer of shredded hardwood bark.
(6) Where under the provisions of this chapter an option is provided to the developer relative to the substitution of a greenbelt for a required wall, the minimum starting height of plant materials in said greenbelt shall be equivalent to the required wall height.
(7) Planting areas shall be separated from a turf grass area through the installation of professional landscape edging or similar method to minimize overgrowth of the turf.
(8) A site plan of the parcel to be developed, together with a detailed planting plan of said greenbelt, shall be submitted to the Planning Commission for approval prior to the issuance of a building permit. The site plan shall indicate, to scale, the proposed location and height of buildings and other structures, the location of public walks, roadways and utilities and the proposed location of off-street parking, loading, service and outside storage areas and points of ingress-egress to the site. The planting plan shall indicate, to scale, the location, spacing, starting size and description for each unit of plant material proposed for use within the required greenbelt area, together with the finished grade elevations proposed thereon. The Planning Commission shall review said planting plan (or may assign such review to a registered landscape architect) relative to:
(a) The proper spacing, placement and location of plant materials relative to the length and width of greenbelt so as to insure that the required horizontal and vertical obscuring effect of proposed land uses will be achieved.
(b) The choice and selection of plant materials will assure that root systems will not interfere with public utilities and that fruit and other debris (other than leaves) will not constitute a nuisance within public rights-of-way, or to abutting property owners.
(c) The proposed relationship between deciduous and evergreen plant materials will assure that a maximum obscuring effect will be maintained throughout the various seasonal periods.
(d) The size of plant material (both starting and ultimate) to assure adequate maturity and optimum screening effect of proposed plant materials.
(9) The Planning Commission shall furnish a list of suggested plant materials upon request of any developer and/or property owner of any parcel requiring the construction of a greenbelt or planting screen. The city encourages the use of species native to this climate.
(10) Plastic and artificial plants are prohibited.
(11) Landscaping of yards in nonresidential districts. Any portion of a front, side or rear yard not utilized for storage, parking, loading or unloading in a zoning district other R-1A, R-1B, R-1C, RM, or RM-1, shall be planted and maintained in a neat condition. A minimum of one tree per 3,000 square feet of planted yard area shall be provided, in addition to any other landscaping requirements of this section.
(12) Irrigation. To assist in maintaining plant materials in a healthy condition, all landscaped areas (including lawns) shall be provided with an automatic underground or drip irrigation system, subject to the following:
(a) The Planning Commission may approve an alternative form of irrigation for a particular site, or may waive this requirement upon determining that underground irrigation is not necessary for the type of proposed plant materials.
(b) All automatic irrigation systems shall be designed to minimize water usage, and shall be shut off during water emergencies, periods of protracted rainfall, or water rationing periods.
(13) Right-of-way landscaping. Public rights-of-way and other public open-space areas adjacent to required landscaped areas and development sites shall be landscaped in a manner that enhances the visual character of city streets and minimizes adverse impacts of vehicular traffic on adjacent uses. Right-of-way landscaping shall be subject to the following:
(a) Street trees. Street tree plantings shall be required for all development projects adjacent to or along the margins of street rights-of-way in the city, subject to the following:
(b) Street trees shall consist of deciduous shade trees planted at a minimum concentration of one street tree per 35 linear feet of right-of-way. Required trees may be planted at regular intervals or in groupings.
(c) Existing trees in good condition and of a desirable species located near or within street rights-of-way shall be preserved where feasible, and be counted toward the street tree planting requirement should the existing trees be four inches in caliper or greater.
(d) Permits may be required by the Wayne County Road Commission or Michigan Department of Transportation for installation of street trees within rights-of-way under their jurisdiction. Where such plantings are not permitted within a street right-of-way, required street trees shall be planted within the front yard setback area, or at an alternative location approved by the reviewing authority.
(e) Ornamental trees. Ornamental trees shall be required for all development projects along the margins of street rights-of-way in the city. One ornamental tree shall be planted for every 75 lineal feet of right-of-way frontage. Ornamental trees may be clustered or planted at regular intervals.
(f) Groundcover plantings within street rights-of-way. Street rights-of-way shall be irrigated and sodded with lawn grasses.
(g) Maintenance of right-of-way landscaping. Right-of-way landscaping shall be maintained by the owner of the abutting lot(s), including any irrigation of the right-of-way.
(h) Corner clearance. Right of way landscaping shall comply with the corner clearance requirements of section
(14) Modification of landscape requirements. Recognizing that a wide variety of land uses and the relationships between them can exist, and that varying circumstances can mitigate the need for landscaping, the Planning Commission may reduce or waive the screening and buffer requirements of this section and approve an alternative screening plan. The Planning Commission shall find that the following standards have been met whenever it modifies any landscaping requirement:
(a) The landscape/screening plan shall protect the character of new and existing residential neighborhoods against negative impacts such as noise, glare, light, air pollution, trash and debris, and hazardous activities.
(b) The alternate width and type of buffer zone and screening provided therein will ensure compatibility with surrounding and nearby land uses because:
1. The development is compatible with and sensitive to the immediate environment of the site and neighborhood relative to architectural design, scale, bulk, building height, identified historical character, disposition and orientation of buildings on the lot and visual integrity.
2. The site has natural existing vegetation and/or topography, natural bodies of water or wetland areas or other existing conditions which offer screening consistent with the standards set forth in this section. The reviewing authority shall require the preservation of these natural features as a condition of site plan approval.
3. The arrangement, design and orientation of buildings on the site maximize privacy and isolate adjacent and nearby land uses from any potential negative impacts of the project.
(H) Retaining walls. Retaining walls greater than one foot in height may, upon discretion of the City Planner, be subject to review of a licensed civil engineer and Planning Commission.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.074 WALLS.
For those use districts and uses listed below, there shall be provided and maintained on those sides abutting or adjacent to a residential district an obscuring wall as required below in Table 5-2:
TABLE 5-1
| |
Use | Requirements |
TABLE 5-1
| |
Use | Requirements |
RM-1 and PD Districts, (where abutting any single-family to two-family residential districts) | 5 feet high wall |
Off-street parking or loading areas | 4 feet, 6 inches to 6 feet, 0 inches |
O-1, B-1, B-2, B-3 Districts | 6 feet, 0 inches high wall |
M-1 Districts, open storage areas, loading or unloading areas, service areas | 6 feet, 0 inches to 8 feet, 0 inches high wall |
Hospital, ambulance and delivery areas | 6 feet, 0 inches high wall |
Utility buildings, stations and/or substations; except that in cases where all equipment is contained within a building or structure constructed so as to be similar in appearance to the residential building in the surrounding area, the Planning Commission may waive the wall requirements. | 6 feet, 0 inches high wall |
Wireless communications facilities | |
Mechanical and electrical equipment | Height equal to objects being screened |
Waste receptacles (dumpsters) | Height one foot taller than waste receptacle. See § 155.075 for additional requirements |
NOTES:
(A) Required walls shall be located on the lot line except where underground utilities interfere and except in instances where this chapter requires conformance with front yard setback lines in abutting residential districts. Required walls may, upon approval of the Planning Commission, be located on the opposite side of an alley right-of-way from a nonresidential zone that abuts a residential zone when mutually agreeable to affected property owners. The continuity of the required wall on a given block will be a major consideration of the Planning Commission in reviewing such request.
(B) Such walls and screening barriers shall have no openings for vehicular traffic or other purposes, except as otherwise provided in this chapter, and except such openings as may be approved by the Chief of Police and the Building Official or other official responsible for code enforcement. All walls herein required shall be constructed of materials approved by the Building Official or other official responsible for code enforcement to be durable, weather-resistant, rustproof and easily maintained. Wood, wood products, recycled garage doors and sheet metal may be specifically excluded.
(C) Corner clearance. Obscuring walls shall comply with the specifications for maintenance of unobstructed sight distance for drivers as set forth in § 155.073(B).
(D) Substitution or waiver. As a substitute for a required obscuring wall, the Planning Commission may, in its review of the site plan, approve the use of other existing or proposed living or man-made landscape features (such as closely spaced evergreens) that would produce substantially the same results in terms of screening, durability, and permanence. Any substitute screening shall comply with the applicable requirements as set forth in § 155.073.
(E) In consideration of requests to waive or modify wall requirements, the Planning Commission shall refer the request to the Community Development Director, City Planner, and/or Police Chief for a recommendation.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.075 WASTE RECEPTACLE (DUMPSTER), STORAGE SCREENING, OR COLLECTION BINS.
(A) Waste receptacle and removal areas shall be opaquely screened on four sides by masonry wall, similar in material and/or color to the main structure, and opaque gate to a height at least one foot taller than the receptacle or other container system. Waste areas shall be located in the rear yards and surfaced with concrete not less than six inches in depth.
(1) Waivers. The Planning Commission may waive the use of a gate upon determination that the open area is not within views of adjoining properties or public lands or thoroughfares.
(2) Furthermore, the Planning Commission has the authority to approve the use of garbage can for refuse in situations where there is not an abundance of waste. Should the situation change, the Planning Commission reserves the right to require a waste receptacle per § 155.075.
(B) Collection bins.
(1) Purpose. The purpose of this section is to regulate collection bins in the city so that they remain clean, safe and do not create hazards to pedestrians or to vehicular traffic.
(2) Definitions. Unless otherwise provided:
COLLECTION BIN. Any container, receptacle, or similar device that is located on any parcel or lot of record within the city and that is used for soliciting and collecting the receipt of clothing, household items, or other salvageable personal property. This term does not include recycle bins for the collection of recyclable material, any rubbish or garbage receptacle.
CODE COMPLIANCE OFFICE. The Code Compliance Supervisor or his or her authorized representative.
COLLECTION BIN OPERATOR. A person who owns, operates, supervises or otherwise is in control of collection bins to solicit collections of salvageable personal property.
PROPERTY OWNER. Any person, agent, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property.
PUBLIC SERVICE DEPARTMENT. The Director of Public Service or his or her authorized representative.
REAL PROPERTY. A lot, plot or parcel of land recorded and located in the City of Inkster.
(3) Permitted locations.
(a) Collection bins are allowed in the B-2 and B-3 zoning districts.
(b) Collection bins shall not be located within 1,000 feet from another collection bin as measured along a straight line from one box to the other.
(4) Standards for bin and surrounding area. Collection bins shall conform to the following standards:
(a) Collection bins shall be maintained in good condition and appearance with no structural damage, holes or visible rust and shall be free of graffiti.
(b) Collection bins are required to be placed on a paved or concrete surface. Collection bins must be level and stable.
(c) Collection bins shall be locked and be equipped with a secure safety chute so contents cannot be accessed by anyone other than those responsible for the retrieval of the contents.
(d) The collection bins shall be emptied with such frequency and regularity as to ensure that it does not overflow and materials do not accumulate outside the collection bin.
(e) The collection bin operator and property owner shall maintain, or cause to be maintained, the area surrounding the bins free from any overflow collection items, furniture, rubbish, debris, hazardous materials, and noxious odors. To extent provided by law, the collection bin operator and/or property owner shall be jointly and severally responsible for the city's cost to abate any nuisance.
(f) Collection bins shall be located on a parcel where there is a functioning and permitted use. Collection bins shall not be permitted:
1. On any land used or zoned residential;
2. On any unimproved parcel;
3. Where the principal use of the land has been closed or unoccupied for more than 30 days.
(g) One collection bin on a single lot of record is allowed.
(h) The total size of a collection bin is limited to a maximum dimension of 5 × 5 × 7.
(i) Collection bins shall not cause a visual obstruction, as determined by the Building Official, or other designated city representative, to vehicular or pedestrian traffic.
(j) No collection bin shall be placed closer than ten feet from:
1. A public or private sidewalk except that this provision does not apply to a private sidewalk as long as the private sidewalk maintains a five-foot clearance;
2. A public right-of-way;
3. A driveway; or
4. A side or rear property line of adjacent property used for residential purposes.
(k) Collection bins shall not be placed in a designated fire lane, in or adjacent to a handicap parking space, or block a building entrance or exit.
(l) Collection bins shall be made of durable metal or UV resistant molded hard plastic or fiberglass material that is fire resistant or fire proof.
(5) Identification of collection bins. Collection bins shall have signage on each bin that identifies the name, mailing address, email address, website and phone number of the collection bin operator. The collection bin signage may include a company logo. Total sign area on the collection bin signage may not exceed six square feet per side. The font size used on the sign shall not be less than one inch in height.
(6) Removal of collection bins and liability.
(a) If the Public Service Department and/or Code Compliance Office determines that a collection bin has been placed or is being maintained in violation of this chapter, a correction notice shall be sent by regular United States Mail to the collection bin operator and property owner of the real property on which the collection bin has been placed, as shown on the most recent permit application. In the event there is not on file a permit application made for the collection bin within 24 months immediately preceding the date of violation, the correction notice shall be sent to the real property tax payer of record in the Assessor's Office. The correction notice shall describe the offending condition and the actions necessary to correct the condition. The correction notice shall provide that the offending condition be corrected or abated within seven calendar days after mailing.
(b) If the offending condition is not corrected or abated within this seven calendar days after mailing, the city or the city's contractor shall clean-up the collection bin area.
(c) All costs incurred by the city or the city's contractor associated with the correction or abatement of a collection bin shall be the responsibility of the property owner and collection bin owner. If such obligation is not paid within 30 days after mailing of a billing 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.
(d) Any collection bins not in compliance with this zoning ordinance shall be removed or brought into compliance. Offending conditions cited in a correction notice must be corrected or abated within seven days after mailing. In addition:
1. Placement or conditions of the bin or surrounding areas must not violate any applicable state or federal law;
2. 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 or other statute enacted to regulate or govern collection bins, must be brought into compliance.
(e) All costs incurred by the city or the city's contractor associated with removal, storage or disposal of a collection bin shall be the responsibility of the property owner and collection bin owner. If such obligation is not paid within 30 days after mailing of a billing 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.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.076 EXTERIOR LIGHTING AND SECURITY CAMERAS.
(A) Exterior lighting.
(1) Subject to the provisions set forth herein, all parking areas, walkways, driveways, building entryways, off-street parking and loading areas, and building complexes with common areas shall be sufficiently illuminated to ensure the security of property and the safety of persons using such public or common areas.
(2) Exterior lighting shall be located and maintained to prevent the reflection and glare of light in a manner which created a nuisance or safety hazard to operators of motor vehicles, pedestrians and neighboring land uses. These provisions are not intended to apply to public street lighting.
(3) Only white, non-glare lighting such as metal halide, color-corrected high-pressure sodium, or other types of lighting which achieve the same effect shall be permitted. Lighting shall be placed and shielded so as to direct the light onto the site and away from adjoining properties. Lighting shall be shielded so that it does not cause glare for motorists.
(4) Lights shall be recessed into the fixture so that bulbs or elements are not visible from adjoining properties.
(5) Lighting for uses adjacent to residentially zoned or used property shall be designed and maintained such that illumination levels do not exceed 0.1 foot-candles along property lines. Lighting for uses adjacent to non-residential properties shall be designed and maintained such that illumination levels do not exceed 0.3 footcandles along property lines. Light intensity shall not exceed a maximum of 20 foot-candles in any given area. The Planning Commission, upon City Planner’s recommendation, may allow for an increased level of lighting above maximum permissible levels when it can be demonstrated that such lighting is necessary for safety and security purposes.
(6) Lighting fixtures shall not exceed a height of 25 feet. In portions of a site adjacent to residential areas, lighting fixtures shall not exceed a height of 20 feet.
(7) All lighting, including ornamental lighting, shall be shown on site plans in sufficient detail to allow determination of the effects of such lighting upon adjacent properties, and traffic safety. Building or roof-mounted lighting intended to attract attention to the building and/or use and not strictly designed for security purposes is not permitted. Temporary holiday lighting is exempt from the aforementioned provision.
(8) All lighting for parking areas or for the external illumination for buildings or grounds or for the illumination of signs shall be directed away from and shall be shielded from adjacent residential districts, and shall also be so arranged as to not adversely affect driver visibility on adjacent thoroughfares. See § 155.164, Performance standards, for additional requirements.
(B) Security cameras. For all non-residential commercial and business properties, security cameras shall be installed, maintained and approved by the City Police Chief. All security cameras shall be high-definition with a minimum resolution of 1080p and night vision with at least 120 concurrent hours of digitally recorded documentation. The security cameras shall be in operation 24 hours a day, seven days a week, and shall be set to maintain the record of the prior 120 hours of continuous operation. An alarm system is required that is operated and monitored by a recognized security company. Security cameras shall be placed to cover the entire site and placement shall be approved by the City Police Chief.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.077 OFF-STREET PARKING.
(A) Parking requirements. There shall be provided in all districts at the time of erection or enlargement of any main building or structure, automobile off-street parking space with adequate access to all spaces. The number of off-street parking spaces in conjunction with all land or building uses shall be provided, prior to the issuance of a certificate of occupancy or certificate of re-occupancy, as hereinafter prescribed.
(1) Off-street parking for other than residential use shall be either on the same lot or within 500 feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot. Ownership shall be shown for all lots or parcels intended for use as parking by the applicant.
Measurement of Distance
(2) Residential off-street parking spaces shall consist of a parking strip, parking bay, driveway, garage or combination thereof, and shall be located on the premises they are intended to serve and subject to the provisions of § 155.072 (A).
(3) Any area once designated as required off-street parking shall never be changed to any other use unless and until equal facilities are provided elsewhere.
(4) Off-street parking existing at the effective date of this chapter in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or new use.
(5) Shared parking. Two or more buildings or uses may collectively provide the required off-street parking in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately. The Planning Commission may allow the following reduction in parking space requirement for shared parking at the applicant’s request:
(a) Up to 50% of the parking spaces required for the predominant use on a site may be shared with other uses operating during the same time of day and days of the week. The predominant use is considered to be the use that requires the most parking of those sharing the parking facilities.
(b) Up to 75% of the parking spaces required for uses such as theaters, public auditoriums, bowling alleys, nightclubs, movie theaters, and similar predominantly evening uses may be shared with uses such as banks, offices, and other similar predominantly daytime uses.
(c) Up to 75% of the parking spaces required for uses such as religious institutions and other uses exclusively in operation during the weekend may be shared with uses such as medical offices, banks, and other similar uses predominantly in operation on weekdays.
(6) (a) Parking waivers. Except for buildings or parts of buildings used or occupied for residential use, all or part of the off-street parking requirements may be waived by the Planning Commission where the proposed site planning design, and construction meets on of the following:
1. Sufficient publicly owned parking spaces within 500 feet of the proposed development site.
2. Access to a regularly scheduled transit stop within 500 feet of the proposed development.
3. Direct access from a bikeway where bike parking is provided.
4. Sufficient on-street parking.
(b) Parking reduction requests. If the applicant believes that the required parking amounts are in excess of what is needed for the proposed use, the applicant may submit a request with justification to the Planning Commission for a reduction in parking space requirements. The Planning Commission will consider and act on this request concurrent with and as part of the full development application process.
(7) Storage of merchandise, motor vehicles for sale, trucks, or the repair of vehicles is prohibited.
(8) When units or measurements determining the number of required parking spaces result in the requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one parking space.
(B) Space requirements; types of use. The minimum number of off-street parking spaces by type of use shall be determined in accordance with Table 5-2 below:
Table 5-2 Off-Street Parking Requirements
| |
Use
|
Number of Minimum Parking
Spaces per Unit of Measure |
Table 5-2 Off-Street Parking Requirements
| |
Use
|
Number of Minimum Parking
Spaces per Unit of Measure |
Residential | |
Residential, One-family and two- family | 2 per dwelling |
Residential, multiple family | 1½ per dwelling unit |
Senior Housing, Assisted Living Facility or similar types Housing for the Elderly | 0.5 for each unit, and 1 per employee on the largest working shift. Should units revert to general occupancy, then 1½ spaces per unit shall be provided. The land available due to the difference between the 2 minimums shall be land banked as usable open space |
Manufactured Housing Community | 2 per unit and 1 per employee on the largest working shift |
Institutional | |
Religious Institutions | 1 for each 3 seats or 6 feet of pews in the main unit of worship |
Hospitals | 1 per two beds plus 1 per employee on the largest working shift plus 1 per each 200 square feet of gross outpatient clinic floor area |
Nursing and Convalescent Homes | 1 per 4 beds plus 1 per employee on the largest working shift |
Elementary and Junior High Schools | 1 for each 1 teacher, employee or administrator, in addition to the requirements of the auditorium |
Senior High Schools | 1 for each 1 teacher, employee or administrator, and 1 for each 10 students, in addition to the requirements of the auditorium |
Private Clubs or Halls | 1 for each 3 persons allowed within the maximum occupancy load as established by local, county or state fire, building or health codes |
Private Golf Clubs, Tennis Clubs, or other similar uses | 1 for each 2 member families or individuals |
Golf Courses open to the general public, except miniature or par-3 courses | 6 for each 1 golf hole, and 1 for each 1 employee on the largest working shift |
Fraternity or Sorority | 1 for each 5 permitted active members, or 1 for each 2 beds, whichever is greater, plus 1 per employee |
Stadium, Sports Arena or similar place of outdoor assembly | 1 for each 3 seats or 6 feet benches |
Theaters and Auditoriums | 1 for each 3 seats, plus 1 for each 2 employees |
Public utility facilities such as communications buildings, electrical substations, pump stations, cellular communications towers and similar uses | 1 per employee on the largest working shift. The storage of vehicles is prohibited |
Business and Commercial | |
Planned Commercial or Shopping Center located in any B District | 6 spaces per 1,000 square feet of gross leasable area for the first 15, 000 square feet; 5 spaces per 1,000 square feet of gross leasable area for 15,001 - 400,000 square feet; 4 spaces per 1,000 square feet of gross leasable area for 400,001 and greater square feet |
Vehicle Wash | 1 per employee. In addition, stacking spaces must be provided. Stacking space shall be 200 feet for facilities with washlines of 80 feet or less. Vehicle wash facilities with washlines over 80 feet shall provide an additional 20 feet for each 10 feet of washline in excess of 80 feet |
Beauty Parlor or Barber Shop | 3 spaces per each of the first 2 beauty or barber chairs, and 1½ spaces for each additional chair |
Bowling Alley | 3 per 1 bowling lane |
Dance halls, pool or billiard parlors, roller or skating rinks, exhibition halls, assembly halls without fixed seats and arcades | 1 per 3 persons allowed within the maximum occupancy load as established by local, county or state fire, building or health codes |
Standard restaurants or establishments for sale and useable consumption on the premises of beverages, food or refreshments | 1 per 100 square feet of gross building floor and outdoor seating area |
Furniture and appliance, household equipment repair shops, showroom of a plumber, decorator, electrician or similar trade, shoe repair and other similar uses | 1 per 1,000 square feet of gross floor area. For that floor area used in processing, 1 additional space shall be provided for each 2 persons employed therein |
Automobile Service Stations | 2 per lubrication stall, rack, pit and 1 for each gasoline pump |
Laundromats and Coin-Operated Dry Cleaners | 1 for each 2 machines |
Miniature or par-3 Golf Courses | 3 for each 1 hole plus 1 for each 1 employee on the largest working shift |
Mortuary Establishment Assembly | 1 for each 100 square feet of gross floor area plus 1 per dwelling unit |
Motel, Hotel, or other commercial lodging establishments | 1 for each 1 occupancy unit plus 1 for each 1 employee, plus such number of spaces as required for restaurants, bars, taverns, assembly rooms and affiliated facilities |
Motor vehicle sales and service establishments | 1 for each 250 square feet of gross floor area of sales room, plus 1 space per 500 square feet. of gross outdoor sales space, plus 1 for each auto service stall in the service room |
Retail stores except as otherwise specified herein | 2 spaces plus 1 for each 175 square feet of gross floor area |
Adult Entertainment Uses | 1 per patron as allowed within the maximum occupancy load as established by local, county or state fire, building or health codes, plus 1 per employee on the largest working shift |
Child care centers, nursery schools, schools for special education and schools for the mentally impaired | 1 per instructor, administrator or other paid or volunteer employee, plus 1 per company vehicle, plus 1 per each 6 students allowed by license. In addition, 2 drop-off spaces shall be provided for each 6 licensed or registered students. Drop-off spaces shall not be separated form from the entrance by a traffic lane |
Drive-through restaurant and that portion of fast food or carry out restaurant used for drive-thru service | 1 per employee on the largest working shift plus 8 stacking spaces for the first drive-through window and 6 for each additional window plus 1 space per 100 square feet of designated outdoor seating area |
Drive-in restaurant (eating allowed in vehicles only, no seating facilities) | 1 per employee on the largest working shift plus space a sufficient number of spaces for outdoor customer service |
Drive-in restaurant with seating facilities | 1 space per 100 square feet. of gross building floor area and designated outdoor seating area, plus stacking space |
Fast food or carry-out restaurant | 1 space per 100 square feet of gross building floor area and designated outdoor seating area |
Vehicle Repair Facility | 1 per employee and 2 per service and/or repair bay, exclusive of such bay |
Lumber Yards, Retail | 1 per 175 square feet of gross building floor area, plus 1 per 1,500 square feet of gross outdoor storage area, plus 1 per company vehicle |
Vehicle rental and/or leasing | 1 per rental/lease vehicle, plus office requirements |
Open air businesses including plant nurseries | 1 per 175 square feet of gross building floor area, plus 1 per 500 square feet of gross outdoor display area, plus 1 per company vehicle |
Sale or lease of motorhomes | 1 per 1,600 square feet of outdoor vehicle display area, plus 1 per 250 square feet of gross building floor area, plus 1 per service bay exclusive of such bay |
Video Rental Stores | 1 per employee plus 1 per 500 square feet of gross floor area |
Athletic, health and physical exercise clubs or businesses, tennis and court type recreation uses | 1 per 200 square feet of gross building floor area and dedicated outdoor recreation area |
Target practice ranges | 1 per target lane plus 1 per employee on the largest working shift |
Golf driving range | 1 per tee plus 1 per employee on the largest working shift |
Offices | |
Banks | 1 per 250 square feet of gross floor space exclusive of the vault area plus 8 stacking spaces for the first drive-through window and 6 stacking spaces for each additional window |
Business offices or professional offices | 1 per 500 square feet of gross floor area |
Professional offices of doctors, dentists or similar professions | 1 per 250 square feet of gross floor area in waiting rooms and 1 for each examining room, dental chair or similar use area |
Industrial | |
Industrial or research establishments | 5 plus 1 for every 1½ employees in the largest working shifts or 1 for every 1,000 square feet of gross floor area or whichever is greater. Space on site shall also be provided for all construction workers during periods of plant construction |
Wholesale establishments | 5 plus 1 for every 1 employee in the largest working shift, or 1 for every 2,000 square feet of gross floor area, whichever is greater |
Self-storage facility | 1 per each 10 storage units equally distributed throughout the site, plus 1 per 200 square feet of gross floor area of office, plus 2 for the resident manager apartment |
Contractor yard for landscaping, snow removal, concrete, general construction and similar use | 1 per company vehicle plus 1 per tractor, trailer or similar vehicle plus office requirements |
(1) The Planning Commission may reduce the number of off-street parking spaces as listed above by up to 100% where the use and associated required parking would be located in the TCD, Town Center District.
(2) For all uses not specifically mentioned, the City Planner or designee shall determine the appropriate number of required off-street parking spaces. Such determination shall be based upon the type of use or business, number of employees per working shift, existing accessory uses such as, but not limited to, bars, restaurants and assembly space and other factors relating to public health, safety and welfare.
(C) Off-street parking space layout, standards, construction and maintenance. Wherever off-street parking requires the building of an off-street parking facility, where P-1 Vehicular Parking Districts are provided, or where parking facilities are provided in an O-1 District, such off-street parking lots shall be
laid out, constructed and maintained in accordance with the following standards and regulations:
(1) No parking lot shall be constructed unless and until a permit therefore is issued by the Building Department. Applications for a permit shall be submitted to the Building Department in such form as may be determined by the Building Inspector and shall be accompanied with two sets of plans for the development and construction of the parking lot showing that the provisions of this section will be fully complied with.
(2) Plans for the layout of off-street parking facilities shall be in accordance with the following minimum requirements:
Table 5-3 Parking Layout Dimensions
| |||
Parking Pattern (Degrees) | Maneuvering Lane Width (Feet) | Parking Space Width (Feet) | Parking Space Length (Feet) |
0 (Parallel Parking) | 12 | 8 | 23 |
30 to 53 | 12 | 8½ | 20 |
54 to 74 | 15 | 8½ | 20 |
75 to 90 | 24 | 9 | 18 |
Stacking | N/A | 10 | 20 |
All spaces shall be provided adequate access by means of maneuvering lanes. Backing directly onto a street shall be prohibited.
(3) Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for all vehicles. Ingress and egress to a parking lot lying in an area zoned for other than single-family residential use shall not be across land zoned for single-family residential use.
(4) All maneuvering lane widths shall permit one-way traffic movement, except that the 90º pattern may permit two-way movement.
(5) Each entrance and exit to and from any off-street parking lot located in an area zoned for other than single-family residential use shall be at least 25 feet distant from any adjacent property located in any single-family residential district.
(6) Any non-residential off-street parking area abutting a residential zoning district shall be provided with a continuous and obscuring wall meeting the requirements of § 155.074.
(7) When a front yard setback is required, all land between said 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 per requirements of § 155.073. The ground area shall be planted and kept as lawn. All such landscaping and planting shall be maintained in a healthy, growing condition, neat and orderly in appearance.
(8) The use of a continuous curb at the perimeter of paved areas shall be encouraged. Curb blocks shall not be permitted.
(9) All parking and loading facilities and access drives shall be paved with a durable bonded material in accordance with accepted engineering standards. Alternative surfacing materials may be considered in order to minimize impervious surface and stormwater runoff, employ environmental and other best practices, and achieve low impact design. Use of pervious alternative surfaces is encouraged in proximity to the Lower Branch River Rouge. Paving materials proposed to improve aesthetics may also be considered by the City Planner and the Planning Commission. Alternative surfaces proposed shall be reviewed by the city’s consulting engineer. In commercial zoning districts, paving shall not be required for off-street parking areas of four spaces or less, in which case the spaces shall be surfaced with gravel or similar material and so laid out as to clearly indicate that the spaces are reserved for parking of motor vehicles. The parking area shall be surfaced within one year of the date the permit is issued.
(10) Off-street parking areas shall be drained so as to dispose of all surface water accumulated in the parking area in such a way as to preclude drainage of water onto adjacent property or toward buildings. Plans shall meet the approval of the City Engineer.
(11) All lighting used to illuminate any off-street parking area shall be so installed as to be confined within and directed onto the parking area only subject to the requirements of § 155.076.
(12) In all cases where a wall extends to an alley which is a means of ingress and egress to an off street parking area, it shall be permissible to end the wall not more than ten feet from such alley line in order to permit a wider means of access to the parking area.
(13) The Planning Commission, upon application by the property owner of the off-street parking area, may modify the yard or wall requirements where, in unusual circumstances, no good purpose would be served by compliance with the requirements of this section.
(D) Layout of stacking spaces. The layout of stacking spaces shall comply with the requirements of the following graphic.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.078 ACCESSIBLE PARKING FOR PHYSICALLY DISABLED PERSONS.
A portion of the total number of required off-street parking spaces in each off-street parking area shall be specifically designated, located, and reserved for use by persons with physical disabilities.
(A) Number of spaces. The number of accessible spaces to be provided shall be a portion of the total number of off-street parking spaces required, as determined from the following schedule. Parking spaces reserved for persons with disabilities shall be counted toward fulfilling off-street parking standards. These standards may not be varied or waived.
Table 5-4 Number of Spaces Reserved for Persons with Disabilities
| |||
Total Parking Space Provided | Minimum Number of Accessible Spaces | Minimum Number of Van-Accessible Spaces | Minimum Number of Car-Accessible Spaces |
Table 5-4 Number of Spaces Reserved for Persons with Disabilities
| |||
Total Parking Space Provided | Minimum Number of Accessible Spaces | Minimum Number of Van-Accessible Spaces | Minimum Number of Car-Accessible Spaces |
1 - 25 | 1 | 1 | 0 |
26 - 50 | 2 | 1 | 1 |
51 - 75 | 3 | 1 | 2 |
76 - 100 | 4 | 1 | 3 |
101 - 150 | 5 | 1 | 4 |
151 - 200 | 6 | 1 | 5 |
201 - 300 | 8 | 1 | 7 |
301 - 400 | 12 | 2 | 10 |
401 - 700 | 14 | 2 | 12 |
701 - 1,000 | 2% of total spaces | 1 out of every 8 accessible spaces | 7 out of every 8 accessible spaces |
Over 1,000 | 20+ 1 per each 100 spaces over 1,000 | ||
(B) Minimum dimensions. All parking spaces reserved for persons with disabilities shall comply with the parking space dimension standards of this section, provided that access aisles shall be provided immediately abutting such spaces, as follows:
(C) Car-accessible spaces. Car-accessible spaces shall have at least a five-foot wide access aisle abutting the designated parking space.
(D) Van-accessible spaces. Van-accessible spaces shall have at least an eight-foot wide access aisle abutting the designated parking space.
(Ord. 792, passed 12-3-01)
§ 155.079 OFF-STREET LOADING AND UNLOADING.
On the same premises with every building, structure or part thereof involving the receipt or distribution of vehicles or materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading and unloading in order to avoid undue interference with public use of dedicated rights-of-way. Such space shall be provided as follows:
(A) All spaces shall be provided as required, except as hereinafter provided for M-1 Districts.
(B) All spaces shall be laid out in the dimension of at least 10 by 70 feet, with a clearance of at least 14 feet in height. Loading dock approaches shall be provided with a pavement having an asphalt or Portland cement binder so as to provide a permanent, durable and dustless surface. In all B-2, B-3 and M-1 Districts, the following ratio of spaces to floor area shall be provided:
Table 5-5 Loading and Unloading Requirements
| |
Gross Floor Area (in square feet) | Loading and Unloading Space Required |
0 - 2,000 | None |
2,001 - 20, 000 | 1 space |
20,001 - 100,00 | 1 space plus 1 space for each 20,000 square feet in excess of 20,001 square feet |
100,001 and over | 5 spaces |
(C) The Planning Commission, based upon recommendation of the City Planner may reduce the size of a loading space to 10' x 35' for uses under 20,000 square feet of gross floor area. The applicant shall demonstrate that larger vehicles will not use such business.
(D) All loading areas shall be screened from public view by a wall as required in § 155.074.
(Ord. 792, passed 12-3-01)
§ 155.080 PARKING LOT LANDSCAPING.
(A) The development of land for parking lot purposes alters natural topography, disturbs existing vegetation and creates impervious surface, all of which can have a negative effect on the ecological balance of an area by causing increases in air temperature and accelerating the processes of runoff, erosion, and sedimentation. Recognizing that the preservation or installation of vegetative cover in parking lots promotes the health, safety and general welfare by aiding in the stabilization of the environment’s ecological balance by contributing to the process of air purification, ground water recharge, and storm water runoff retardation while at the same time aiding in noise, glare and heat abatement the following requirements for the landscaping of parking and outdoor display areas are enacted.
(B) Interior Landscaping. Interior landscaping shall be provided within the boundaries of the parking lot unless otherwise approved by the Planning Commission. If interior landscaping is provided along the perimeter of the parking lot, it shall be in addition to the perimeter landscaping requirements.
(1) Interior landscaping areas equivalent to 5% of the vehicle use area shall be required in all parking lots of 20 spaces or more. One deciduous shade tree shall be required for each 150 square feet of required interior landscape area. The vehicle use area includes all areas used for vehicular circulation and parking.
(2) Terminal landscape islands shall be provided at the end of each row of parking spaces to separate parking from adjacent drive aisles. Terminal islands shall be curbed, and shall be at least 144 square feet in area and 18 feet long for each single row of parking spaces. Each landscape island shall have a minimum of one shade tree. The reviewing authority may waive the requirement for terminal landscape islands in the interest of meeting barrier free requirements.
(3) Interior landscape islands shall have a minimum area of 160 square feet and a minimum width of eight feet (measured from the back of curb). Each landscape island shall have a minimum of one deciduous shade tree.
(4) Parking lot divider medians with a minimum width of eight feet (measured from the back of curb) may be used to meet interior landscape requirements and shall form a continuous strip between abutting rows of parking. One shade tree or two ornamental trees shall be required for each 25 lineal feet of divider median or fraction thereof. Shrubs shall be planted to form a continuous hedge the full length of divider medians which separate parking areas from access drives.
(5) Wheel stops or curbing shall be installed to prevent vehicles from encroaching more than two feet into any interior landscaped area. If a landscape area is used for parking overhang, at least two feet of clear area planted with lawn or covered with mulch shall be provided where cars will overhang the curb to protect landscape plantings from damage.
(C) Perimeter landscaping. Perimeter landscaping shall be provided along the edge of any parking lot facing and located within 100 feet of a public right-of-way, unless, in the opinion of the Planning Commission, the parking lot will be sufficiently screened from view by buildings or other site features or improvements. Parking lot perimeter landscaping shall comply with the following standards:
(1) Perimeter parking lot landscaping shall include a minimum of one deciduous shade tree per each 25 linear feet or fraction thereof and one ornamental tree per each 35 linear feet or fraction thereof.
(2) Wherever a parking lot or vehicle parking space is located within 30 feet of a public street or right-of-way, the perimeter landscaping shall also include a continuous hedge of deciduous or upright evergreen shrubs planted not more than 30 inches on center between the parking area and the street.
(D) Curbing required. All landscaping and perimeter screening shall be protected from vehicle encroachment with concrete curbing or similar permanent means.
(E) Snow storage area. Adequate snow storage area shall be provided within the site. Plant materials in snow storage areas shall be hardy, salt-tolerant groundcovers characterized by low maintenance requirements.
(Ord. passed 2-20-17)
§ 155.081 USE RESTRICTION.
Any portion of a lot or parcel shall be used to comply with the provisions of this chapter for exactly one existing or planned building or structure. No portion of a lot or parcel shall be used to comply with the provisions of this chapter for more than one building or structure, whether existing or planned.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.082 HEIGHT, AREA AND USE EXCEPTIONS.
(A) Essential services. Essential services shall be permitted as authorized and regulated by law and other codes of the city.
(B) Voting place. The provisions of this chapter shall not interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.
(C) Height limit. The height limitations of this chapter shall not apply to chimneys, church spires, flagpoles, or public monuments. However, the Planning Commission may specify a height limit for any structure that is permitted as a special condition use. In determining the appropriate height, the Planning Commission shall consider the character of surrounding land uses, the height of surrounding structures, and the potential to obscure light and/or view from surrounding properties.
(1) For reasons of safety, the height limit for stacking of any materials, including those used for construction shall be 14 feet.
(D) Lot area. Any lot existing and of record at the time of this chapter became effective may be used for any principal use permitted in the district in which such lot is located whether or not such lot complies with the lot area requirements of this chapter, except as provided in §§ 155.181 through 155.187, Nonconforming Uses and Structures. Such use may be made provided that all requirements other than lot area and width requirements prescribed in this chapter are complied with and provided that not more than one dwelling unit shall occupy any lot except in conformance with the provisions of this chapter for required lot area for each dwelling unit.
(E) Lots adjoining alleys. In calculating the area of a lot that adjoins an alley or lane, for the purpose of applying lot area requirements of this chapter, one-half of the width of such alley abutting the lot shall be considered as part of such lot.
(F) Yard regulations. When yard regulations cannot reasonably be complied with, as in the case of a planned development in the multiple-family district, or where their application cannot be determined on lots of peculiar shape, topography, or due to architectural or site arrangement, such regulations may be modified or determined by the Zoning Board of Appeals.
(G) Multiple dwelling side yard. For the purpose of side yard regulations, a two-family, a row house, or a multiple dwelling shall be considered as one building occupying one lot. When more than one structure is involved on one zoning lot, the above requirement shall not negate the formula contained in this chapter, pertaining to the distance spacing for multiple dwellings.
(H) Porches. An open, unenclosed, covered porch or paved terrace may project into a front and/or rear yard for a distance not exceeding six feet.
(I) Projections into yards. Architectural features, not including vertical projections, may extend or project into a required side yard not more than two inches for each one foot of width of such side yard; and may extend or project into a required front yard or rear yard not more than three feet, except porches.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.083 REQUIRED SITE DEVELOPMENT.
(A) The purpose and intent if this section is to provide for minimum site development improvements required for new uses, addition to an existing use, the erection of any building, the re-occupancy of an existing building or a change of use. The required site improvements are for the purpose of protecting the health, safety, and welfare of the general public.
(B) New uses, additions to an existing use, erection of any building. In all zoning districts except for single-family detached dwellings in the R-1A through R-1C, Single One-Family Districts and mobile home parks in the RM District, the following site development standards shall be complied with:
(1) Site plan review procedures (§ 155.286);
(3) Landscaping requirements (§ 155.073);
(4) Buffering requirements (§ 155.074);
(5) Special condition use standards (Article 6);
(6) Area, height, density, bulk, and placement regulations (Article 4);
(7) Accessory building regulations (§ 155.072(A));
(8) Exterior lighting (§ 155.164(D));
(9) Other development regulations and requirements in this section and other applicable ordinances.
(10) Mobile home parks in the RM District shall be subject to § 121.40.
(C) Re-occupancy of an existing building, a change of use, or a change in tenants. In all zoning districts except for single-family detached dwellings in the R-1A through R-1C Single One-Family districts and mobile home parks in the RM District, the following site development standards shall be complied with whenever occupancy permits or re-occupancy permits in §§ 155.284(B) and (C) are required.
(1) A plot plan as required in § 155.283 shall be provided to the Planning and Economic Development (P&ED) Department. The P&ED Department will review the plot plan and shall ensure compliance with the zoning ordinance.
(3) Compliance with buffer requirements in § 155.074 shall be required.
(4) Public sidewalks shall be provided along all public street rights-of-way.
(5) Compliance with sign requirements in accordance with Article 12 shall be required.
(7) The Zoning Board of Appeals may permit a reasonable time schedule to be developed between the petitioner and the city in complying with the necessary improvements to the property.
(8) In the Town Center District, compliance with the site design requirements, in accordance with § 155.049 shall be required.
(Ord. 828, passed 12-7-09; Am. Ord. passed 2-20-17)