This chapter shall be known and may be cited as the City of Iron Mountain Zoning Ordinance.

(Ord. of 5-1-95, § 8-1-1)

Pursuant to the authority conferred by the Public Acts of the state, this chapter has been established for the purposes of:

(1)

Promoting and protecting the public health, safety, peace, comfort, convenience and general welfare of the inhabitants of the city.

(2)

Protecting the character and the stability of the residential and commercial areas within the incorporated city and promoting the orderly and beneficial development of such areas.

(3)

Providing adequate light, air and privacy and reasonable access to property.

(4)

Regulating the intensity of use of land and lot areas and determining the area of open spaces surrounding buildings and of structures necessary to provide adequate light and air and to protect the public health.

(5)

Lessening and avoiding congestion on the public highways and streets.

(6)

Promoting healthful surroundings for family life in residential areas.

(7)

Preventing the overcrowding of land and undue concentration of buildings and structures so far as possible and appropriate in each zoning district by regulating the use and bulk of buildings in relation to the land surrounding them.

(8)

Enhancing social and economic stability in the city.

(9)

Enhancing the aesthetic desirability of the environment throughout the city.

(10)

Conserving the expenditure of funds for public improvements, energy and other services to conform with the most advantageous uses of land.

(Ord. of 5-1-95, § 8-2-1)

The following rules shall apply to the text of this chapter:

(1)

All words and phrases shall be construed and understood according to the common and approved usage of the language, but technical words and phrases and such as may have a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

(2)

The particular shall control the general.

(3)

In case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control.

(4)

The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

(5)

When not inconsistent with the context, words in the present tense shall include the future and words in the singular number shall include the plural.

(6)

The word "building" includes the word "structure" and the word "dwelling" includes the word "residence." The word "building" or "dwelling" includes any part thereof.

(7)

The words "used" and "occupied" include the words "intended," "designed" or "arranged" to be used or occupied.

(8)

The word "person" includes any firm, association, organization, partnership, trust, corporation or similar entity, as well as an individual.

(9)

The word "lot" includes the words "plot" and "parcel."

(10)

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either…or," the conjunction shall be interpreted as follows:

a.

"And" indicates that all the connected items, conditions, provisions or events shall apply.

b.

"Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

c.

"Either…or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

(11)

Every word importing the singular number only may extend to and embrace the plural number, and every word importing the plural number may be applied and limited to the singular number. Every word importing the masculine gender only may extend and be applied to females as well as males.

(12)

Whenever a reference is made to several sections and the section numbers are connected by the word "to," the reference includes both sections whose numbers are given and all intervening sections.

(13)

In computing a period of days, the first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday or legal holiday.

(Ord. of 5-1-95, § 8-3-1)

For the purpose of this chapter, words pertaining to access, buildings, property, land use, building use, building measurement and enforcement shall have the following meaning:

Access means a way or means of approach to provide vehicular or pedestrian entrance or exit to a property from an abutting property or a public roadway.

Access management means the process of providing and managing reasonable access to land development while preserving the flow of traffic in terms of safety, capacity, and speed on the abutting roadway system.

Access point means:

(1)

The connection of a driveway at the right-of-way line to a road.

(2)

A new road, driveway, shared access or service drive.

Accessory building means a building or structure customarily incidental and subordinate to the principal structure and located on the same lot as the principal building.

Accessory use means a use customarily incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use.

Alley means a public or legally established private thoroughfare, other than a street, affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

Alterations means any change, addition or modification in construction or type of occupancy; any change in the structural members of a building, such as walls or partitions, columns, beams or girders; or any change which may be referred to in this chapter as "altered" or "reconstructed."

Apartment means a dwelling unit in a multiple dwelling as defined in this chapter.

Automobile repair garage means premises where the following services may be carried out in a completely enclosed building: general repairs, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service such as body, frame or fender straightening and repair; and painting and undercoating of automobiles.

Automobile service station means a building or premises used primarily for the sale and installation of major automobile accessories, such as tires, batteries, radios, air conditioners and mufflers, plus such services as brake adjustment and wheel alignment and balancing; but excluding any major mechanical repairs, collision work, undercoating or painting. Sale of gasoline, stored only in underground tanks, shall be incidental to the activities enumerated in this definition.

Awning and canopy mean any covered structure made of cloth, metal or other material with supporting frames attached to a building which projects beyond the building wall or is carried by a frame supported by the building, ground or sidewalk below it.

Basement means that portion of a building which is partly or wholly below grade, but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.

Bed and breakfast operation means a use which is subordinate to the principal use of a dwelling as a single-family detached dwelling unit in which transient guests are provided a sleeping room and breakfast in return for payment. The maximum stay of any one guest shall not exceed 14 days per stay.

Berm means a manmade, formed earth mound of definite height and width used for obscuring purposes, the purpose of which is to provide a transition between uses of differing intensity.

Billboard means any structure or portion thereof or sign used as an outdoor display by painting, posting or affixing on any surface on which lettered, figured or pictorial matter is displayed for advertising purposes, unrelated to the premises or the nature of the business conducted thereon or the products primarily sold or manufactured thereon. For further definitions relating to signs and billboards see section 74-512.

Block means the property abutting one side of a street and lying between the two nearest intersecting streets crossing or terminating, or between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, river or stream, or between any of these and any other barrier to the continuity of development or corporate boundary lines of the city.

Boardinghouse and roominghouse mean any dwelling where meals or lodging or both are provided for compensation to persons outside of the family members.

Buffer and bufferyard mean a strip of land, including any specified type and amount of planting or structures, which may be required to protect one type of land use from another, or minimize or eliminate conflicts between them.

Building means any structure having a roof supported by columns and walls, for the shelter, support or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced firewalls extending from the ground up, each part is deemed a separate building, except for minimum side yard requirements as provided in this chapter.

Building height means the vertical distance measured from the established grade to the highest point of the roof surface for flat roofs, to the deck line of mansard roofs, and to the average height between eaves and ridge for gable, hip and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall.

Building line means a line parallel to the front lot line; for purposes of this chapter, a minimum building line is the same as the minimum required front setback line.

Canopy. See Awning.

Carport means a partially open structure intended to shelter one or more vehicles. Such structures shall comply with all yard requirements applicable to private garages.

Carwash means a lot or building where motor vehicles are washed or waxed either by the patron or by others, using machinery specially designed for that purpose.

Church means a building wherein persons regularly assemble for religious worship which is used only for that purpose, and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses primarily associated with such primary purpose.

Clinic means a place for the care, diagnosis and treatment of sick or injured persons, and those in need of medical or minor surgical attention. A clinic may incorporate customary laboratories and pharmacies incidental or necessary to its operation or to the service of its patients, but may not include facilities for inpatient care or major surgery.

Club means an organization of persons for special purposes or for the promulgation of sports, arts, science, literature, politics or similar activities, but not operated for profit and open only to members and not the general public.

Comprehensive plan means the statement of policy by the city relative to the agreed upon and officially adopted guidelines for a desirable physical pattern for future community development. The plan consists of a series of maps, charts and written material representing in summary form the soundest concept for community growth to occur in an orderly, attractive, economical and efficient manner thereby creating the very best community living conditions.

Convalescent home means a structure with sleeping rooms, where persons are housed or lodged and are furnished with meals, nursing and limited medical care.

County primary shall include the following primary roads under the jurisdiction of the Dickinson County Road Commission means within the City of Iron Mountain.

Court means an open, unoccupied space other than a yard and bounded on at least two sides by a building. A court extending to the front lot line or front yard, or to the rear lot line or rear yard, is an outer court. Any other court is an inner court.

Curb level means the grade elevation, as established by the city, of the curb in front of the center of the building or proposed building, or the elevation at the center of the traveled street in case no curb exists.

Day care center. See Nursery school.

District means an area of land for which there are uniform regulations governing the use of buildings and premises, density of development, yard requirements and height regulations.

Drive-in means a business establishment so developed that its retail or service character is dependant on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure, or to provide self-service for food carryout.

Driveway means any entrance or exit used by vehicular traffic to or from land or buildings abutting a road.

Driveway offset means the distance between the centerline of two driveways on opposite sides of an undivided roadway.

Driveway, shared means a driveway connecting two or more contiguous properties to the public road system.

Dry cleaning plant means a building, portion of a building or premises used or intended to be used for cleaning fabrics, textiles, wearing apparel or articles of any sort by immersion and agitation, or by immersion only, in volatile solvents, including, but not by way of limitation, solvents of the petroleum distillate type or the chlorinated hydrocarbon type, and the process incidental thereto, including, but without limitation, spotting, wet cleaning and finishing.

Dwelling, duplex means a building designed or modified to contain two dwelling units.

Dwelling, multiple-family means a building used or designed as a residence for three or more families living independently of each other.

Dwelling, single-family means a detached building, designed for or occupied exclusively by one family. See also, Single-family dwelling.

Dwelling, two-family means a detached building, designed for or occupied by two families living independently of each other. See also, Two-family dwelling.

Dwelling unit means one or more rooms connected together with principal kitchen and bathroom facilities designed as a unit for use by only one family or one functional family for living and sleeping purposes, constituting a separate independent housekeeping unit, and physically separated from any other rooms or dwelling units which might be in the same structure.

Efficiency apartment means a dwelling unit with a bathroom and principal kitchen facilities designed as a self-contained unit for living, cooking and sleeping purposes and having no separate designated bedroom.

Erected includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage and the like shall be considered a part of erection.

Essential services means the erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface or overhead gas, communication, telephone, electrical, steam, fuel or water transmission or distribution systems, or collection, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar accessories in connection therewith which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general public health, safety, convenience or welfare, but not including office buildings, substations, structures which are enclosures or shelters for service equipment, or maintenance depots.

Excavation means any breaking of ground except common household gardening and general ground care.

Family means an individual, or two or more persons related by blood, marriage or adoption or parents, along with their direct lineal descendants and adopted or foster children, including domestic employees, or a group not to exceed two persons not related by blood or marriage, occupying premises and living as a single housekeeping unit with single cooking facilities. Every additional group of two or less persons living in such housekeeping unit shall be considered a separate family for the purpose of this chapter. This definition shall not apply in instances of group care centers, or state-licensed residential facilities as established under Act No. 395 of the Public Acts of Michigan of 1976 (MCL 125.286a), as amended.

Family, functional means a group of persons which does not meet the definition of "family" in this section, living in a dwelling unit and intending to live together as a group for the indefinite future. This definition shall not include any fraternity, sorority, club, hotel or other group of persons whose association is temporary or commercial in nature.

Fence means an artificially constructed barrier of wood, metal, stone or any manufactured materials erected for the enclosure of yard areas.

Filling means the depositing or dumping of any matter into or onto the ground except common household gardening and general maintenance.

Floor area, gross means the sum of all gross horizontal areas of the several floors of a building, measured from the outside dimensions of the structure. Unenclosed porches, courtyards or patios, whether covered or uncovered, shall not be considered as a part of the gross floor area unless used for commercial purposes such as nursery beds or sales of outdoor equipment.

Floor area, usable, for purposes of computing parking requirements, means that area to be used for the sale of merchandise or services, or for use to serve patrons, clients or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, for hallways, stairways and elevator shafts, or for utilities or sanitary facilities shall be excluded from the computation of usable floor area. Measurement of usable floor area shall be the sum of the horizontal area of the several floors of the building, measured from the interior faces of the exterior walls.

Frontage road or front service drive means a local street/road or private road typically located in front of principal buildings and parallel to an arterial for service to abutting properties for the purpose of controlling access to the arterial.

Garage, private means an accessory building, or portion of a principal building, designed or used solely for the storage of noncommercial motor vehicles, boats and similar items or equipment, and having no public sales or shop services in connection therewith.

Gasoline service station means a structure used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities for motor vehicles, including the customary space and facilities for the installation of such commodities on or in such vehicles, and including space for storage, minor motor repair or servicing, but not including bumping, painting, refinishing or conveyor-type carwash operations.

Grade means a ground elevation established for the purpose of controlling the number of stories and height of any structure. The building grade shall be determined by the level of the ground adjacent to the walls of any structure if the finished grade is level. If the ground is not level, the grade shall be determined by averaging the elevation of the ground for each face of the structure.

Greenbelt means a strip of land of specified width and location reserved for the planting of shrubs and trees to serve as an obscuring screen or buffer strip.

Home occupation means any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not involve any alteration of the structure or change the character thereof. Home occupations shall satisfy the following conditions:

(1)

The nonresidential use shall only be incidental to the primary residential use.

(2)

The home occupation shall utilize no more than 25 percent of the floor area on any one floor of the principal building.

(3)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuation in line voltage off the premises.

(4)

The home occupation shall not involve persons other than those members of the immediate family residing on the premises.

(5)

All activities shall be carried on indoors, only in the principal building. No outdoor activities or storage shall be permitted.

(6)

There shall be no change in the exterior appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one announcement sign, not exceeding 300 square inches in area, nonilluminated, and mounted flat against the wall of the principal building.

(7)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

(8)

The permission for home occupations as provided in this chapter is intended to secure flexibility in the application of the requirements of this chapter; but such permission is not intended to allow the essential residential character of residential districts, in terms of use and appearance, to be changed by the occurrence of nonresidential activities.

(9)

Garage sales, rummage sales, yard sales and similar activities may be conducted for no longer than three days and no more than two times per calendar year on the same property.

(10)

Limited retail sales may be permitted on the premises, as a part of or in conjunction with a home occupation.

(11)

Application for a home occupation shall be made to the planning commission on a form prescribed by it, describing the proposed activity. The commission shall review the application at its next regular meeting following filing and shall hold the necessary hearings according to this chapter and state law. The planning commission shall, after the necessary hearings, recommend approval or denial to the city council, which shall make the decision on whether or not to approve the application. Home occupation requests shall be reviewed in terms of the requirements and standards listed in this definition.

(12)

The home occupation shall not constitute a nuisance as defined by this chapter.

Hotel means a building in which lodging is provided and offered to the public for compensation and which is open to transient guests.

House of worship. See Church.

Household pet means animals that are customarily kept for personal use or enjoyment. Household pets shall include but are not limited to domestic dogs, domestic cats, domestic tropical birds and rodents.

Housekeeping unit means a dwelling unit organized as a single entity in which the members share common kitchen facilities and have access to all parts of the dwelling.

Housing for the elderly means an installation other than a hospital, hotel or nursing home which provides dwelling units for persons primarily 60 years of age or older, and conforming to the requirements of the state and federal programs for elderly care.

Junk means any motor vehicles, machinery, appliances, products or merchandise with parts missing, or scrap metals or other scrap materials that are damaged or deteriorated.

Junkyard means any land or building used for abandonment, storage, keeping, collecting or baling of paper, rags, scrap metals, or other scrap or discarded materials, or for abandonment, demolition, dismantling, storage or salvaging of automobiles or other vehicles not in normal running condition, machinery or parts thereof.

Kennel, commercial means any lot or premises used for the commercial sale, boarding or treatment of dogs, cats or other domestic pets.

Kennel, private means any lot or premises used for the private maintenance of more than three dogs, cats or other household pets, four months of age or older, not involving any commercial activities.

Loading space means an off-street space on the same lot with a building, or group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

Lodginghouse means a building, other than a motel, in which lodging for three or more persons is provided for compensation.

Lot means land occupied or to be occupied by a building, structure, land use or group of buildings together with such open spaces or yards as are required under this chapter, and having its principal frontage upon a street.

Lot area means the total horizontal area within the lot lines of a lot.

Lot, corner means a lot which has at least two contiguous sides abutting upon a street for their full length.

Lot, depth of means the mean distance from the front lot line of the lot to its opposite rear line measured in the general direction of the side lines of the lot.

Lot, interior means a lot other than a corner lot.

Lot line means any of the lines bounding a lot.

(1)

Front lot line. In the case of an interior lot, it is that line separating the lot from the street. In the case of a through lot, it is that line separating the lot from either street. In the case of a corner lot, the shorter street line shall be considered the front lot line, except, in the case of both street lines being equal, the choice may be made by the property owner. Once declared and so indicated on the building permit application, the designated front lot line shall remain as such.

(2)

Rear lot line. That lot line opposite and most distant from the front lot line. In the case of an irregularly shaped lot, the rear lot line shall be an imaginary line parallel to the front lot line not less than ten feet in length, lying farthest from the front lot line and wholly within the lot.

(3)

Side lot line. Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot is an interior side lot line.

Lot of record means a lot which is part of a subdivision, the map of which has been recorded in the office of the register of deeds in the county, or a parcel or lot described by metes and bounds, the deed to which has been recorded in the office of the register of deeds in the county, prior to May 1, 1995.

Lot, through means a double-frontage lot, not a corner lot, having a street for both front and rear lot lines.

Lot, width of means the straight line horizontal distance between the side lot lines, measured at the two points where the building line, or setback line, intersects the side lot lines.

Lot, zoning means a tract or parcel of land which is designated by its owner or developer as a tract to be used, developed or built on as a unit, under single ownership or control. A zoning lot may or may not coincide with a lot of record.

Major thoroughfare means an arterial street which is intended to serve as a large volume trafficway for both the immediate area and the region beyond.

Marquee means a roof-like structure of a permanent building nature projecting from the wall of a building.

Mobile home means a moveable or portable dwelling which is constructed to be towed on its own chassis, is capable of being connected to public utilities, and is designed for yearround living as a single-family dwelling unit without the necessity for a permanent foundation. The term shall not include pickup campers, travel trailers, motor homes, converted buses, or tent or pop-up trailers.

Modular housing unit means a dwelling unit constructed solely within a factory, as a single unit, or in various sized modules or components, which are then transported by truck or other means to a site where they are assembled on a permanent foundation to form a single-family dwelling unit, and meeting all codes and regulations applicable to conventional single-family home construction.

Motel means a series of attached or detached rental units containing bedroom, bathroom and closet space. Units shall provide for overnight lodging, are offered to the public for compensation, and shall cater primarily to the public travelling by motor vehicle.

Nonconforming building or structure means a building or structure or portion thereof lawfully existing on May 1, 1995, that does not conform to the provisions of this chapter relative to height, bulk, area, placement or yards for the zoning district in which it is located.

Nonconforming use means a use of a building or structure or of a parcel or tract of land, lawfully existing on May 1, 1995, that does not conform to the regulations of the zoning district in which it is situated.

Nuisance means an offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as:

(1)

Noise.

(2)

Dust.

(3)

Smoke.

(4)

Odor.

(5)

Glare or light.

(6)

Objectionable effluent.

(7)

Flashes.

(8)

Vibration.

(9)

Fumes.

(10)

Noise of a congregation of people, particularly at night.

(11)

Passing traffic.

(12)

Invasion of street frontage by traffic generated from an adjacent land use which lacks sufficient parking and circulation facilities.

Nursery school and day care center mean a public or private school, kindergarten or child care facility wherein day care, or day care and education, is provided for five or more minors.

Nursing home means an installation, other than a hospital, having as its primary function the rendering of nursing care for extended periods of time to persons afflicted with illness, injury or infirmity.

Open space, required means the yard space of a lot which is established by and between the street or the lot lines and required setback line, and which shall be open, unoccupied and unobstructed by any structure or any part thereof except as otherwise provided in this chapter.

Overlay zone or overlay district means a zoning district that encompasses one or more underlying zones and that imposes additional requirements beyond those required for the underlying zone.

Parking space means an area of not less than 180 square feet in area, exclusive of drives, aisles or entrances giving access thereto, and which shall be fully accessible for the storage or parking of permitted vehicles.

Planned unit development means a tract of land on which are located two or more principal buildings, developed under single ownership or management, the development of which is unique, and which may contain a mix of housing types and uses. Such development shall be based on an approved site plan which allows flexibility of design not available under normal zoning district requirements.

Planning commission means the city planning commission of the City of Iron Mountain.

Principal building means an individual structure on a lot or site which contains the main use.

Public utility means any person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state or municipal regulations to the public the following services: gas, steam, electricity, sewage disposal, communication, telephone, telegraph, transportation or water.

Rear service drive means a local street/road or private road typically located behind principal buildings and parallel to an arterial for service to abutting properties for the purpose of controlling access to the arterial.

Recreation area, private means all lands and structures which are owned and operated by private individuals, a business or a corporation, and provide for outdoor recreation activities.

Recreational vehicle means a vehicle for the transportation of people primarily for recreational purposes and which may permit occupancy thereof as a dwelling or sleeping place, such as motor homes, camper trailers, pickup campers and similar camping type vehicles.

Restaurant means an establishment whose principal business is the sale of food or beverages to customers in a ready-to-consume state, and whose principal method of operation includes one or both of the following characteristics:

(1)

Customers, normally provided with an individual menu, are served their food and beverages by a restaurant employee, at the same table or counter at which food and beverages are consumed.

(2)

The establishment is a cafeteria-type operation where food and beverages generally are consumed within the restaurant building.

Restaurant, fast food means an establishment whose principal business is the sale of food or beverages in a ready-to-consume state, for consumption:

(1)

Within the restaurant building;

(2)

Within a motor vehicle parked on the premises; or

(3)

Off the premises as carryout orders;

and whose principal method of operation includes the following characteristics: food and beverages are usually served in edible containers or in paper, plastic or other disposable containers.

Right-of-way means a street, alley or other thoroughfare or easement permanently established for passage of persons or vehicles or the location of utilities. The right-of-way is delineated by legally established lines or boundaries.

Satellite dish antenna means a parabolic antenna greater than 24 inches in diameter designed as an earth-based station for the reception of radio, television or microwave communications, or other signals from orbiting satellites or other sources, together with other incidental transmission equipment related to such purpose.

Screen means a structure providing enclosure such as a fence, and a visual barrier between the area enclosed and the adjacent property. A screen may also be nonstructured, consisting of shrubs or other growing materials.

Setback means the minimum required unoccupied distance between the lot line and the principal and accessory buildings, as required in this chapter.

Setback, front means the minimum required unoccupied distance, extending the full lot width, between the principal building and the front lot line.

Setback, rear means the minimum required unoccupied distance, extending the full lot width, between the principal and accessory buildings and the lot line opposite the front lot line.

Setback, side means the minimum required unoccupied distance, extending from the front setback to the rear setback, between the principal and accessory buildings and the side lot line.

Shopping center means a business or group of businesses which provides a variety of merchandise or services which requires a location on a major road and a large parking area to accommodate vehicular traffic. Such a center may be a small neighborhood center, a discount store or a mall, though this does not limit such use to be one or any or these.

Sight distance means the distance of unobstructed view for the driver of a vehicle, as measured along the normal travel path of a roadway to a specified height above the roadway.

Sign means a name, identification, description, display or illustration which is affixed to, painted or represented directly or indirectly upon a building, structure or piece of land, which directs attention to an object, product, place, activity, person, institution, organization or business and is visible to the general public.

Single-family dwelling means a detached building or portion thereof designed or used exclusively as the home, residence or sleeping place of one or more persons. In the case of a mixed occupancy where a building is occupied in part as a dwelling, the part so occupied shall be deemed a dwelling for purposes of this chapter and shall comply with the provisions in this chapter relative to dwellings. Garage space, whether in an attached garage or detached garage, shall not be considered part of a dwelling for meeting area requirements. A dwelling shall comply with the following standards:

(1)

The dwelling shall meet the minimum square footage requirements for the district in which it is located.

(2)

The minimum width across any front, side or rear elevation shall be at least 20 continuous feet of exterior wall.

(3)

The dwelling shall comply in all respects with the applicable building codes and regulations in force at the time of construction.

(4)

The dwelling shall be placed upon and secured to a permanent foundation in accordance with the applicable building codes and regulations in force at the time of construction. The area between the grade elevation of the lot and the structure shall have a wall of the same perimeter dimensions as the dwelling and constructed of such materials and type as required in the applicable code for single-family dwellings.

(5)

If a dwelling is a mobile home, each mobile home shall be installed with the wheels removed. Additionally, no dwelling shall have any exposed towing mechanism under the carriage or chassis.

(6)

All dwellings abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer and public water supply shall connect to the public sewer and water supply, or, if not available, then to such private facilities as approved by the local health department.

(7)

The dwelling shall contain a storage area in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to ten percent of the square footage of the dwelling or 100 square feet, whichever is greater.

(8)

The dwelling shall be aesthetically compatible in design and appearance with other residences in the vicinity; shall have a roof overhang of not less than six inches on all sides, or alternatively shall have windowsills and roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling; shall have not less than two exterior doors, with the second one being on either the rear or side of the dwelling; and shall contain permanently attached steps connected to the exterior door areas or to porches connected to the door areas where a difference in elevation requires such steps.

(9)

The dwelling shall contain no additions or rooms or other areas which are not constructed with similar quality workmanship or materials as the original structure, including permanent attachment to the principal structure and construction of a foundation as required in this definition.

(10)

The compatibility of design and appearance shall be determined in the first instance by the zoning administrator upon review of the plans. which may include elevations or photographs submitted for a particular dwelling, subject to appeal by an aggrieved party to the zoning board of appeals within a period of 30 days from the receipt of notice of the zoning administrator's decision. Any determination of compatibility shall be based upon the standards set forth in this definition as well as the character, design and appearance of one or more residential dwellings located outside of mobile home parks within 2,000 feet of the subject dwelling where such area is developed with dwellings to the extent of not less than 20 percent of the lots situated within such area; or, where the area is not so developed, by the character, design and appearance of one or more residential dwellings located outside of mobile home parks throughout the city. This subsection shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.

(11)

The dwelling shall conform to all pertinent building and fire codes in effect at the time of construction. In the case of a mobile home, all construction and plumbing, electrical apparatus and insulation within and connected to the mobile home shall be of a type and quality conforming to the Mobile Home Construction and Safety Standards as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, and as from time to time such standards may be amended. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

(12)

Subsections (1) through (11) of this definition shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in the ordinances of the city pertaining to mobile home parks.

Site plan means a plan showing all salient features of a proposed development, so that it may be evaluated in order to determine whether it meets the provisions of this chapter.

Special use permit means a permit issued by the city council to a person intending to undertake the operation of an activity upon land or within a structure and for those uses not specifically mentioned in this chapter which possess unique characteristics and are found to be not injurious to the health, safety, convenience and general welfare of the city's inhabitants.

Spouse abuse shelter means a home for the temporary residence of victims of domestic abuse.

Story means that part of a building, except a mezzanine, included between the surface of one floor and the surface of the next floor, or, if there is no floor above, then the space between the floor and the ceiling next above it. A story, thus defined, shall not be counted as a story when more than 50 percent by cubic content is below the height level of the adjoining ground.

Story, half means that part of a building between a pitched roof and the uppermost full story, such part having a finished floor area which does not exceed one-half of the floor area of a full story.

Street means a public dedicated right-of-way which affords traffic circulation and the principal means of access to abutting property.

Structure means any constructed, erected or placed material or combination of materials in or upon the ground, and attached to something having a permanent location on or in the ground, including, but not by way of limitation, billboards and signs, buildings, mobile homes, radio towers, sheds, signs and storage bins, but excluding sidewalks and paving on streets, driveways, parking areas and patios.

Subdivision means the division of a lot, tract or parcel of land into five or more lots, tracts or parcels of land for the purpose, whether immediate or future, of sale or of building development. The meaning of the term "subdivision" shall not, however, apply to the partitioning or dividing of land into tracts or parcels of land of more than ten acres.

Swimming pool means any artificially constructed pool or structure, erected in connection with or appurtenant to one or more private residences, either above or below or partly above or below grade, located either in part or wholly outside of a permanently enclosed and roofed building, designed to hold water to a depth, in any place in the pool or structure, greater than 24 inches when filled to capacity, and intended to be used for swimming and wading.

Throat length means the distance parallel to the centerline of a driveway to the first on-site location at which a driver can make a right-turn or a left-turn. On roadways with curb and gutter, the throat length shall be measured from the face of the curb. On roadways without a curb and gutter, the throat length shall be measured from the edge of the paved shoulder.

Throat width means the distance edge-to-edge of a driveway measured at the right-of-way line.

Trip generation means the estimated total number of vehicle trip ends produced by a specific land use or activity. A trip end is the total number of trips entering or leaving a specific land use or site over a designated period of time. Trip generation is estimated through the use of trip rates that are based upon the type and intensity of development.

Two-family dwelling means a building containing two separate dwelling units designed for residential use and conforming in all other respects to the standards set for single-family dwellings.

Underlying district means the base zone below an overlay zone, that establishes the fundamental permitted uses, densities and dimensional regulations applicable to lands subject to a zoning ordinance.

Variance means a modification of the literal provisions of this chapter granted when strict enforcement of this chapter would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted.

Yards.

(1)

Yard, front means an open space extending the full width of the lot and lying between the front line of the lot and the nearest line of the principal building.

(2)

Yard, rear means an open space extending the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.

(3)

Yard, side means an open space between the side line of the lot and the nearest line of the principal building and extending from the front yard to the rear yard.

Zoning administrator means the official of the city or his authorized representative charged with the responsibility of administrating this chapter.

Zoning board of appeals means the board authorized to grant a variance or modification of the literal provisions of this chapter when, in its judgment, the strict enforcement of this chapter would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted.

(Ord. of 5-1-95, § 8-3-2; Ord. of 3-20-06, § II; Ord. of 6-6-11)

Cross reference— Definitions generally, § 1-2.

The following illustrations shall be applicable for purposes of this chapter:

LOTS AND AREAS

ADD FIGURE

YARDS

ADD FIGURE

SIDE YARDS ABUTTING A STREET

ADD FIGURE

BUILDING LINE

ADD FIGURE

FLOOR AREA

ADD FIGURE

BASIC STRUCTURAL TERMS

ADD FIGURE

BUILDING HEIGHT

ADD FIGURE

BASEMENT AND STORY

ADD FIGURE

(Ord. of 5-1-95, § 8-3-3)

In interpreting and applying the provisions of this chapter, they shall be held to the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, prosperity and general welfare. Unless specifically provided for, it is not intended by this chapter to repeal, invalidate, annul or in any way impair or interfere with the existing and unrepealed provisions of law or ordinance or any rules, regulations or permits previously adopted or issued pursuant to law relating to the use of buildings or land; provided, however, that, where this chapter imposes a greater restriction upon the use of buildings, structures or land or upon the courts or other open spaces than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits, the provisions of this chapter shall control.

(Ord. of 5-1-95, § 8-29-1)

Sections of this chapter shall be deemed to be severable, and, should any section, paragraph or provision of this chapter be declared by the courts to be unconstitutional or invalid, such holding shall not affect the validity of this chapter as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid.

(Ord. of 5-1-95, § 8-29-2)

All ordinances and amendments thereto enacted or adopted by the city or the city council by virtue of Act No. 207 of the Public Acts of Michigan of 1921 (MCL 125.581 et seq.), as amended, and all ordinances and parts of ordinances inconsistent with the provisions of this chapter, are hereby repealed, as of May 31, 1995. The repeal of existing ordinances or parts of ordinances and their amendments does not affect or impair any act done, offense committed or right accruing, accrued or acquired or liability, penalty, forfeiture or punishment incurred prior to the time enforced, prosecuted or inflicted.

(Ord. of 5-1-95, § 8-29-3)

Nothing in this chapter shall be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district or zoning classification or any permissible activities therein; and the provisions of this chapter are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety and welfare.

(Ord. of 5-1-95, § 8-29-4)

(a)

Violations generally. Whenever by the provisions of this chapter the performance of any act is required, or the performance of any act is prohibited, or wherever any regulation, dimension or limitation is imposed on the use of any land, or upon any land, or on the erection or alteration or the use or change of occupancy of structure, a failure to comply with such provisions of this chapter shall constitute a violation of this chapter. Every day on which a violation exists shall constitute a separate violation and a separate offense.

(b)

Civil fine. Any person, or any other acting in behalf of such person, who violates any of the provisions of this chapter or any amendment thereto, or who fails to perform any act required under this chapter or does any prohibited act, shall be responsible for a municipal civil infraction. It shall be the duty of the zoning administrator to investigate, administer and enforce these regulations. If, after investigation, the zoning administrator or his authorized representative determines that a person is in violation of this chapter, he is authorized to issue a municipal civil infraction notice or municipal civil infraction citation to the alleged violator. Service of the civil infraction notice or civil infraction citation shall be made in accordance with section 38-1 et seq. A civil fine shall be imposed as follows: $50.00 for a first offense, $150.00 for a first repeat offense, and $250.00 for any second or subsequent repeat offense. Each and every day on which any violation is committed or permitted to continue shall constitute a repeat offense, subject to the fines established in this subsection. Additionally, any violation of these regulations is hereby declared to be a public nuisance per se, and the imposition of any fines shall not exempt the offender from compliance with the requirements of this chapter.

(c)

Violations declared nuisance. Any building or structure which is erected, altered or converted or any use of premises or land which is begun or changed subsequent to the time of passage of the ordinance from which this chapter is derived and in violation of any of the provisions of this chapter is hereby declared to be a public nuisance per se, and the city may institute proceedings in the circuit court for the county for the purpose of enforcing this chapter.

(Ord. of 5-1-95, § 8-29-5)

This chapter shall take effect following adoption and upon publication of a notice of adoption, published in a newspaper of general circulation in the city, within 30 days after adoption.

(Ord. of 5-1-95, § 8-29-6)

(a)

Any application for rezoning, site plan approval, a special land use permit, planned unit development, variance, or other use or activity requiring a permit under this chapter above the following threshold, may also require the deposit of fees to be held in escrow in the name of the applicant. An escrow fee shall be required by either the zoning administrator or the planning commission for any project which requires a traffic impact study under Article IX of this chapter, or which has more than 20 dwelling units, or more than 20,000 square feet of enclosed space, or which requires more than 20 parking spaces, or which involves surface or below surface mining or disposal of mine materials. An escrow fee may be required to obtain a professional review of any other project which may, in the discretion of the zoning administrator or planning commission create an identifiable and potentially negative impact on public roads, other infrastructure or services, or on adjacent properties and because of which, professional input is desired before a decision to approve, deny or approve with conditions is made.

(b)

The escrow shall be used to pay professional review expenses of engineers, community planners, and any other professionals whose expertise, the city values to review the proposed application and/or site plan of an applicant. Professional review shall result in a report to the planning commission indicating the extent of conformance or nonconformance with this chapter and identify any problems which may create a threat to public health, safety or the general welfare. Mitigation measures or alterations to a proposed design may be identified where they would serve to lessen or eliminate identified impacts. The applicant will receive a copy of any professional review hired by the city and a copy of the statement of expenses for the professional services rendered, if requested.

(c)

No application for which an escrow fee is required will be processed until the escrow fee is deposited with the treasurer. The amount of the escrow fee shall be established based on an estimate of the cost of the services to be rendered by the professionals contacted by the zoning administrator. The applicant is entitled to a refund of any unused escrow fees at the time a permit is either issued or denied in response to the applicant's request.

(d)

If actual professional review costs exceed the amount of an escrow, the applicant shall pay the balance due prior to receipt of any land use or other permit issued by the city in response to the applicant's request. Any unused fee collected in escrow shall be promptly returned to the applicant once a final determination on an application has been made or the applicant withdraws the request and expenses have not yet been incurred.

(e)

Disputes on the costs of professional reviews may be resolved by an arbitrator mutually satisfactory to both parties.

(Ord. of 3-20-06, § 1)