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

(Ord. No. 2017-02, 10-18-2017)

The purpose of this chapter is to promote, protect, regulate, restrict and provide for the use of land and buildings within the City of Iron River; to meet the needs of the State's residents for places of residence, recreation, industry, trade, service and other uses of land; to ensure that uses of the land shall be situated in appropriate locations and relationships; to limit the inappropriate overcrowding of land and congestion of population and transportation systems and other public facilities; to facilitate adequate and efficient provision for transportation systems, sewage disposal, water, energy, education, recreation and other public service and facility needs; to encourage a walkable, non-motorized community, and to promote public health, safety and welfare.

In providing for all of these uses, services and infrastructure, the City of Iron River shall be promoting and approving the development of land and the extension of utilities in a logical and consistent pattern consistent with the continuation of the existing street patterns and the implementation of the traditional town pattern of interconnecting blocks.

The City is divided into districts which include regulations designating land uses or activities that shall be permitted or subjected to special regulations.

It is also the purpose of this chapter to provide the establishment of a Board of Appeals and its powers and duties; to provide for the administration and enforcement hereof, and for penalties for its violation; and to provide for the repeal of any and all ordinances inconsistent with the intent as herein set forth.

(Ord. No. 2017-02, 10-18-2017)

This chapter is enacted in accordance with the Michigan Zoning Enabling Act (Public Act 110 of 2006), as amended.

(Ord. No. 2017-02, 10-18-2017)

(A)

This chapter shall be liberally construed in such manner as to best implement its purpose. In interpreting and applying the provisions of this chapter, the requirements shall be held to be the minimum for the promotion of the public health, safety, convenience, comfort, prosperity and general welfare.

(B)

No building or structure, or part thereof, shall hereafter be erected, constructed, reconstructed or altered, and no new use or change of use shall be made of any building, structure, land or part thereof, except as permitted by the provisions of this chapter.

(C)

Nothing within this chapter shall be construed to prevent compliance with an order by the appropriate authority to correct, improve, strengthen or restore to a safe or healthy condition, any part of a building or premises declared unsafe or unhealthy.

(Ord. No. 2017-02, 10-18-2017)

If a court of competent jurisdiction shall declare any part of this chapter to be invalid, such ruling shall not affect any other provisions of this chapter not specifically included in said ruling.

If a court of competent jurisdiction shall declare invalid the application of any provision of this chapter to a particular land, parcel, lot, district, use, building or structure, such ruling shall not affect the application of said provision to any other parcel, lot, district, use, building or structure not specifically included in said ruling.

(Ord. No. 2017-02, 10-18-2017)

Where any condition imposed by any provisions of this chapter upon the use of any lot, building or structure is either more restrictive or less restrictive than any comparable conditions imposed by any other provision of this chapter or by the provision of any chapter adopted under any other law, the provision which is more restrictive or which imposes a higher standard or requirement shall govern.

This chapter is not intended to modify or annul any easement, covenant or other private agreement provided that where any provision of this chapter is more restrictive or imposes a higher standard or requirement than such easement, covenant or other private agreement, the provision of this chapter shall govern.

(Ord. No. 2017-02, 10-18-2017)

It is hereby expressly declared that nothing in this chapter be held or construed to give or grant to any person, firm or corporation any vested right, license, privilege or permit.

(Ord. No. 2017-02, 10-18-2017)

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

(A)

The particular shall control the general.

(B)

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

(C)

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

(D)

Words used in the present tense shall include the future, words used in the singular number shall include the plural, and the plural shall include the singular, unless the context clearly indicates the contrary.

(E)

The word "used" or "occupied" as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied."

(F)

Any word or term not defined herein shall be used with a meaning of common or standard utilization.

(Ord. No. 2017-02, 10-18-2017)

For the purpose of this chapter, certain words and terms are herewith defined. Illustrations of specific definitions are provided.

Accessory buildings and structures: A supplementary building or structure on the same lot or parcel of land as the principal building, occupied by or devoted exclusively to an accessory use.

Accessory use: A use reasonably and customarily, incidental and subordinate to, the principal use of the premises.

Adult entertainment use: Any use of land, whether vacant or combined with structures or vehicles thereon by which said property is devoted to displaying or exhibiting material for entertainment, a significant portion of which includes matter or actions depicting, describing, or presenting "specified sexual activities" or "specified anatomical areas."

"Specified sexual activities" are defined in this chapter as human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.

"Specified anatomical areas" are defined in this chapter as less than completely covered human genitals, pubic regions, buttocks and the areola or nipple of the female breasts. Also, human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Adult entertainment uses shall include:

(A)

Adult book or video establishment: An establishment having a substantial or significant portion of its stock in trade books, magazines or other publications, video recordings and films which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," or an establishment with a segment or section devoted to the sale, rent or display of such material.

(B)

Adult cabaret: A nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers or similar entertainers, where a significant portion of such performances show, depict, or describe "specified sexual activities" or "specified anatomical areas."

(C)

Adult motel: A motel wherein matter, actions or other displays are presented which contain a significant potion depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

(D)

Adult motion picture arcade: Any place where the public is invited or permitted wherein coin-or slug/token-operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images and where a significant portion of images so displayed depict, describe or relate to "specified sexual activities" or "specified anatomical areas."

(E)

Adult motion picture theater: An enclosed building or open air site with any size seating capacity used for presenting motion pictures distinguishing or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

(F)

Adult sexual encounter center: Any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble, or associate for the purpose of engaging in "specified sexual activities" or conduct involving "specified anatomical areas."

Adult foster care facility: A state-licensed establishment that provides foster care to adults. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically disabled who require supervision on an ongoing basis, but who do not require continuous nursing care. An adult foster care facility does not include convalescent or nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation center, residential centers for persons released from or assigned to a correctional facility, or any other facilities which have been exempted from the definition of adult foster care facility by the Adult Foster Care Facility Licensing Act, MCL 400.701, et seq.; MSA 16.610(61) et seq., as amended. The following additional definitions shall apply in the application of this chapter:

(A)

Adult foster care small group home: An owner-occupied facility with the approved capacity to receive 12 or fewer adults to be provided supervision, personal care and protection in addition to room and board for 24 hours a day, five or more days a week and for two or more consecutive weeks.

(B)

Adult foster care large group home: A facility with the approved capacity to receive at least 13 but not more than 20 adults to be provided supervision, personal care and protection in addition to room and board for 24 hours a day, five or more days a week and for two or more consecutive weeks.

(C)

Adult foster care family home: A private residence with the approved capacity to receive six or fewer adults to be provided supervision, personal care and protection in addition to room and board, 24 hours a day, five or more days a week, and for two or more consecutive weeks. The adult foster care family home licensee must be a member of the household and an occupant of the residence.

(D)

Adult foster care congregate facility: An adult foster care facility with the approved capacity to receive more than 20 adults to be provided with foster care.

Alley: Any dedicated public way affording a secondary means of access to abutting property and not intended for general traffic circulation.

Antenna: An exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

Apartment: A room or suite of rooms, including bath and culinary accommodations, intended or designed for use as a residence by a single family.

Appurtenance: An ornamental, structural or mechanical element that is attached to and subordinate to a building or structure.

Automobile dealer: A building or premises used primarily for the sale of new or used automobiles.

Automobile repair: General repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair, overall painting and vehicle rust-proofing.

Automobile service station: A place that is used or designed to be used for the retail supply of gasoline and other fuels used for the propulsion of motor vehicles, kerosene, motor oil, lubricants or grease, including sale of accessories and services such as: polishing, washing, cleaning, greasing, undercoating and minor repairs, but not including bumping, painting or refinishing thereof. In addition to automobile service, convenience stores and carry out restaurants may be included.

Automobile washes: A building, or portion thereof, the primary purpose of which is that of washing vehicles either by automatic or self-service means.

Auxiliary parking lot: A parking area that is provided in excess of required parking spaces for the permitted use.

Average: For the purpose of this chapter, the term "average" shall be an arithmetic mean.

Basement: That portion of a building having more than one-half of its height below finished grade.

Bed and breakfast establishment: A use which is subordinate to the principal use of a dwelling unit as a single-family dwelling unit and a use in which transient guests are provided a sleeping room and board in return for payment.

Buffer: A strip of land with a definite width and location reserved for the planting of shrubs and/or trees to serve as an obscuring screen in carrying out the requirements of this chapter.

Buildable area: The space remaining after the minimum setbacks and open space requirements of this chapter have been compiled with.

Building: A structure having a roof supported by columns or walls.

Building code: The currently adopted code or codes regulating building construction in the City of Iron River, Iron County, Michigan.

Building height: The building height is the vertical distance measured from the finished grade level to the highest point of the roof surface if a flat roof; to the deck of mansard roofs; and to the mean height level between eaves and ridges of gable, hip and gambrel roofs. Where the building may be situated on sloping terrain, this height shall be measured from the average level of the finished grade at the building wall.

Building line: A horizontal line generally parallel to a front, rear or side lot line which is located at the point of the foundation of a principal building nearest to the front, rear or side lot line.

Building setback line: The line established by the minimum required setbacks forming the area within a lot in which a building may be located.

Building official: The administrative official designated by the City Council to enforce the Building Code.

Child care facilities: The following definitions shall apply in the application of this chapter:

(A)

Family child care home: A state-licensed, owner-occupied private residence in which one, but nor more than six minor children are received for care and supervision for periods less than 24 hours a day unattended by a parent or legal guardian, excepting children related to an adult member of the family by blood, marriage or adoption. It includes a home that gives care to an unrelated child for more than four weeks in a calendar year.

(B)

Group child care home: A state-licensed, owner-occupied private residence in which seven, but nor more than 12 children are received for care and supervision for periods less than 24 hours a day unattended by a parent or legal guardian, excepting children related to an adult member of the family by blood, marriage or adoption. It includes a home that gives care to an unrelated child for more than four weeks in a calendar year.

(C)

Child care center: A state-licensed facility, other than a private residence, receiving one or more children for care and supervision for periods less than 24 hours and where the parents or guardians are not immediately available to the child.

(D)

Child caring institution: A child care facility which is organized for the purpose of receiving minor children for care, maintenance and supervision, usually on a 24-hour basis, in a building maintained for that purpose, and operates throughout the year. It includes a maternity home for the care of unmarried mothers who are minors, an agency group home and institutions for mentally impaired or emotionally disturbed minor children. It does not include hospitals, nursing homes, boarding schools or an adult foster care facility in which a child has been placed.

(E)

Foster family home: A private home in which at least one, but not more than four, minor children, who are not related to an adult member of the household by blood, marriage or adoption, are given care and supervision for 24 hours a day, for four or more days a week, for two consecutive weeks, unattended by a parent or legal guardian.

(F)

Foster family group home: A private home in which more than four, but less than seven, children, who are not related to an adult member of the household by blood, marriage or adoption, are provided care for 24 hours a day, for four or more days a week, for two or more consecutive weeks, unattended by a parent or legal guardian.

Commercial use: The use of property in connection with the purchase, sale, barter, display or exchange of goods, wares, merchandise or personal services, and the maintenance or operation of offices.

Conditional use: A use which is subject to conditional approval by the Planning Commission. A conditional use may be granted only when there is a similar provision in Chapter 4. A conditional use is not considered to be a nonconforming use.

Convalescent or nursing home: A state licensed facility for the care of children, of the aged or infirm or a place of rest for those suffering bodily disorders. Said home shall conform and qualify for license under State law even though State law has different size regulations.

Convenience grocery store: A one-story, retail store that is designed and stocked to sell primarily food, beverages and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). Convenience grocery stores are designed to attract a large volume of stop-and-go traffic.

District: A portion of the City within which certain uses of land and/or buildings are permitted and within which certain regulations and requirements apply under the provisions of this chapter.

Drive-through business: Any restaurant, bank or business with an automobile service window.

Dwelling: A dwelling is a building used exclusively as a residence by not more than one family, but in no case shall be a travel trailer, motor home, trailer coach, automobile chasses, tent or other portable building.

Dwelling, multiple-family: A building consisting of three dwellings.

Dwelling, single-family: A building designed for, or occupied exclusively by, one family.

Dwelling, two-family: A building consisting of two dwellings.

Easement: the right of an owner of property by reason of such ownership, to use the property of another for purposes of ingress, egress, utilities, drainage and similar uses.

Essential services: Services that are erected, constructed, altered or maintained by public utilities or municipal agencies of underground, surface or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, poles and other similar equipment or accessories reasonably in connection therewith for the furnishing of adequate service by such public utilities or municipal agencies.

Extractive operation: Premises from which any rock, gravel, sand, topsoil or earth in excess of 50 cubic yards in any calendar year is excavated or removed for the purpose of disposition away from the premises except excavation in connection with the construction of a building or within a public highway right-of-way.

Family: An individual or group of two or more persons related by blood, marriage or adoption together with foster children and servants of the principal occupants, with not more than one additional unrelated person, who are domiciled together as a single, domestic housekeeping unit in a dwelling unit, or

A collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing non-transient domestic character and who are cooking and living as a single non-commercial housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or terms or other similar determinable period. Foster family homes and foster family group homes shall be considered a residential use of property for the purposes of zoning and shall be regulated similar to a single-family home.

Fence: A permanent or temporary barrier enclosing or bordering a plot of land or portion thereof composed of suitable man-made materials for the purpose of preventing or controlling entrance or to confine within or to mark boundary.

Floor area: The sum of the gross horizontal areas of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings.

Garage: A structure which is accessory to a principal residential dwelling and which is used for the parking and storage of vehicles owned and operated by the residents thereof.

Garage sale: The display and/or offering for sale, new or used household goods, for a limited period of time, in a residential district. For the purposes of the chapter, Garage Sale is analogous with "Yard Sale" and "Moving Sale."

Grade: The degree of rise or descent of a sloping surface.

Grade, finished: The final elevation of the ground surface after development.

Grade, natural: The elevation of the ground surface in its natural state, before man-made alternations.

Greenbelt: A landscaped area between the property line and the front yard building or parking setback line, this area also includes a front yard parking lot setback area.

Green way: An area of land adjacent to the river edge that contains no buildings, structures fencing or other improvements.

Home occupation: An occupation, profession, activity, or use that is clearly a customary, incidental and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood. This includes giving instruction in a craft or fine art within a residence.

Impervious surface: A material incapable of being penetrated by water and other liquids. For the purpose of calculating storm water runoff, impervious surfaces shall include all roofs, slabs, pavements and gravel drives and parking lots.

Junk yard: A place, structure, parcel or use of land where junk, waste, discard, salvage or similar materials such as old iron, metal, wood, lumber, glass, paper, rags, cloth, leather, rubber, bagging, cordage, barrels, containers, etc., are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including auto wrecking yards, inoperative machines, used lumber yards, housing wrecking and structural steel materials and equipment and including establishments for the sale, purchase or storage of salvaged machinery and the processing of used, discarded or salvaged materials, for any 30 consecutive days.

Junk vehicle: Is, but not limited to, a visible unlicensed, inoperable automobile, truck or motorized machinery that is currently unable to perform as designed.

Kennel: A kennel is any place or premise where four or more adult dogs, cats or other domestic pets are maintained, boarded, bred or cared for in return for remuneration, or are kept for the purpose of sale.

Landscaping: The following definitions shall apply in the application of this chapter:

(A)

Berm: A landscaped mound of earth which blends with the surrounding terrain.

(B)

Buffer: A landscaped area composed of living material, wall, berm or combination thereof, established and/or maintained to provide visual screening, noise reduction and transition between conflicting types of lands.

(C)

Conflicting non-residential land use: Any non-residential use, such as office, commercial, industrial, research, parking or public road right-of-way land use which abuts a residential land use.

(D)

Conflicting residential use: Any residential land use developed at a higher density which abuts a residential land use developed at a lower density.

(E)

Greenbelt: A landscaped area, established at a depth of the minimum required front yard setback within a Zoning District, which is intended to provide a transition between a public road right-of-way and an existing or proposed land use and/or between a conflicting land use and an existing or proposed land use.

(F)

Opacity: The state of being impervious to light or sight.

(G)

Plant material: A collection of living evergreen and/or deciduous, woody-stemmed trees, shrubs, vines and ground cover.

Living quarters: An area in a building designed as an abode distinguished with kitchen facilities that compliment sleeping facilities.

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

Lodging facility: Any establishment in which individual units are rented to transients for periods of less than 30 days for the purpose of sleeping accommodations. The term shall include hotels and motels, but shall not include bed and breakfast operations, multiple-family dwellings or rooming houses.

Lot: A lot is a parcel of land, excluding any portion in a street or other right-of-way, of at least sufficient size to meet minimum requirements for use, coverage, lot area and to provide such yards and other open spaces as herein required. Such lot shall have frontage on a public street, or on an approved private street, and may consist of:

(A)

A single lot of record;

(B)

A portion of a lot of record;

(C)

Any combination of complete and/or portions of lots of record;

(D)

A parcel of land described by metes and bounds.

Lot area: The total horizontal area within the lot lines of a lot, but excluding that portion within a street right-of-way.

Lot, corner: A lot with frontage on two intersecting public and/or private streets.

Lot coverage: The percentage of the lot area covered by the building area.

Lot depth: The mean horizontal distance from the front line to the rear lot line; or in the case of a waterfront lot, from the lake frontage line to the street frontage lone; or in the case of an acreage lot, from the front right-of-way line to the rear lot line.

Lot, double frontage: A lot other than a corner lot having frontage of two or more parallel streets. In the case of a row of double frontage lots, one street will be designated as the front street for all lots in the plat and in the request for a zoning compliance permit. If there are existing structures in the same block fronting one or both of the streets, the required front yard setback shall be observed on those streets where structures presently front.

Lot, interior: An interior lot is a lot other than a corner lot with only one lot line fronting on a street.

Lot, width: The required horizontal distance between the side lot lines measured at the two points where the required front yard setback line intersects by side lot lines. For lots located on the turning circle of a cul-de-sac, the lot width may be reduced to 80 percent of the required lot width.

Lot lines: Any line dividing one lot from another, or from a public right-of-way, and thus constitutes the property lines bounding a lot.

Lot line, front: The lot line which separates the lot from the existing street right-of-way or approved private road easement that provides access to the lot.

Lot line, rear: The lot line opposite and most distant from the front lot line. In the case of a triangular or otherwise irregularly shaped lot or parcel, it means an imaginary line ten feet in length entirely within the lot or parcel, parallel to and a maximum distance from the front lot line.

Lot line, side: Any lot line other than a front or rear lot line.

Lot of record: A lot where the dimensions of which are shown on a subdivision plat recorded in the Office of the Register of Deeds for Iron County, or a lot or parcel described by metes and bounds, the accuracy of which is attested to by a professional engineer or registered surveyor, so designated by the State of Michigan, and said description so recorded or on file with the County.

Manufactured home: Factory-built single family structure that is manufactured under the authority of 42 U.S.C., Sections 5401 to 5426 (National Manufactured Home Construction and Safety Standards Act of 1974) as amended, is transportable in one or more sections, and may be built on a permanent chassis which does not have hitch, axles or wheels permanently attached to the body frame.

Manufacturing: The use of land, buildings or structures for the purpose of manufacturing, assembly, making, preparing, inspecting, finishing, treating, treating, altering, repairing, warehousing or storing or adapting for sale or other use of any goods, substance, article, thing or service.

Marihuana or marijuana: The term as defined in the Michigan Taxation and Regulation of Marihuana Act, M.C.L.A. § 333.27951 et seq.

Marihuana establishment: A marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed by the Marihuana Regulatory Agency. The term does not include or apply to a "primary caregiver" or "caregiver" as the term is defined in the Michigan Medical Marihuana Act, M.C.L.A. § 333.26421 et seq.

Maximum lot coverage: Total permitted area of a lot that is not open space due to structures built on the land. Structures such as principal buildings, garages, accessory buildings, decks, porches and parking lots are counted. Ground covering such as residential driveways, gazebos, yard ornaments and signs are not counted.

Mezzanine: Is an intermediate floor in between any story occupying, but not-to-exceed more than one-third of the floor area of such story.

Mobile home: A detached portable single-family dwelling prefabricated on its own chassis and intended for long-term occupancy. The unit contains sleeping accommodations, a flush toilet, a wash basin, a tub or shower, eating and living quarters. It is designed to be transported on its own wheels or flatbed arriving at the site where it is to be occupied as a complete dwelling without permanent foundation and connected to existing utilities.

Mobile home park: A parcel or tract of land under the control of a person upon which three or more mobile homes are located on a continual nonrecreational basis and which is offered to the public for the purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incidental to the occupancy of a mobile home.

Municipal civil infraction: An act or omission that is prohibited by the City of Iron River Zoning Ordinance or the City of Iron River Municipal Civil Infractions Ordinance, but which is not a crime under this chapter or any other county ordinance, and for which civil sanctions, including fines, damages, expenses and costs, may be ordered, as authorized by Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended. A municipal civil infraction is not a lesser included offense of a violation of the City of Iron River Ordinance that is a criminal offense.

Non-conforming building: A building or portion thereof lawfully existing at the effective date of the Ordinance from which this chapter derives, or amendments thereto, and which does not conform to the provisions of the Ordinance in the zoning district in which it is located.

Non-conforming use: A use which lawfully occupied a building or land at the effective date of this chapter, or amendments thereto, and that does not conform to the use regulations of the zoning district in which it is located.

Non-residential zoning district: Any of the following Districts: C-1, C-2, CBD and I.

Off-street parking area: A land surface or facility providing vehicular parking spaces along with adequate drives and aisles for maneuvering so as to provide access for entrance and exit for the parking of more than two automobiles.

Ordinary high water mark: The line between upland and bottomland which persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is distinguished from the upland as evidence in the soil, the configuration of the surface of the soil and vegetation.

Open air business: Includes uses operated for profit substantially in the open air including outdoor display and sale of garages, motor homes, manufactured homes, snowmobiles, farm implements, swimming pools and similar activities or retail sales of trees, fruits, vegetables, shrubbery, plants, seeds, top-soil, humus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies and equipment.

Parking space: One unit of parking area provided for the parking of one vehicle, and shall be exclusive of driveways, aisles or entrances giving access thereto and shall be fully accessible for the storage or parking of permitted vehicles.

Planned Unit Development (PUD): Land under unified control which allows a development to be planned and built as a unit and which permits upon review and approval, variations in many of the traditional controls related to density, land use, setbacks, open space and other design elements and the timing and sequencing of the development.

Practical difficulty: A situation whereby a property owner cannot establish a "minimum practical" legal use of a legal lot or parcel, meeting all of the dimensional standards of the zoning district within which the lot is located. Situations occurring due to the owner's desire to establish a use greater than the "minimum practical" standard to enhance economic gain greater than associated with the minimum practical standard or created by an owner subsequent to the adoption of the Ordinance from which this chapter derives is not a practical difficulty.

Principal building or structure: The main building or structure in which the primary use is conducted.

Public utility: Any person, firm, corporation or municipal agency authorized under Federal, State, County or Municipal Regulations to furnish electricity, gas, communications, transportation, water or sewer services.

Recreational vehicle: "Recreational vehicles" shall include the following:

(A)

Boat and boat trailers: Boats, floats, rafts, canoes, plus the normal equipment to transport them on the highway.

(B)

Folding tent trailer: A canvas folding structure mounted on wheels and designed for travel and vacation use.

(C)

Motor home: A recreational vehicle intended for temporary human habitation, sleeping, and/or eating, mounted upon a chassis with wheels and capable of being moved from place to place under its own power. Motor homes generally contain sanitary, water and electrical facilities.

(D)

Other recreational equipment: Equipment similar, but not limited to: snowmobiles, all-terrain or special terrain vehicles, utility trailers, plus the normal equipment to transport them on the highway.

(E)

Pickup camper: A structure designed to be mounted on a pick-up or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling during the process of travel, recreational and vacation uses.

(F)

Travel trailer: A portable vehicle on a chassis, not exceeding 36 feet in length or nine feet in width, which is designed to be used as a temporary dwelling during travel, recreational, and vacation uses, and which may be identified as a "travel trailer" by the manufacturer. Travel trailers generally contain sanitary, water and electrical facilities.

Restaurant: A restaurant is any establishment whose principal business is the sale of food and beverages to the customer in a ready-to-consume state, and whose method of operation is characteristic of a carry-out, drive-in, drive-through, fast food, standard restaurant or bar/lounge, or combination thereof, as defined below:

(A)

Restaurant, carry-out: A restaurant whose method of operation involved sale of food, beverages and/or frozen desserts in disposal or edible containers or wrappers in a ready-to-consume state for consumption primarily off premises.

(B)

Restaurant, fast-food: A restaurant whose method of operation involves minimum waiting for delivery of ready-to-consume food to the customer at a counter or cafeteria line for consumption at the counter where it is served, or at tables, booths or stands inside or outside of the structure, or for consumption off the premises, but not in a motor vehicle at the site.

(C)

Restaurant, sit down: A restaurant whose method of operation involves either the delivery of prepared food by waiters and waitresses to customers seated at tables within a completely enclosed building, or the prepared food is acquired by customers at a cafeteria line and is subsequently consumed by the customers at tables within a completely enclosed building.

(D)

Bar/lounge: A type of restaurant which is operated primarily for the dispensing of alcoholic beverages, although the sale of prepared food or snacks may also be permitted. If a bar or lounge is part of a larger dining facility, it shall be defined as that part of the structure so designated or operated.

Right-of-way: A legal right of passage over real property typically associated with roads and railroads.

River front lands: The land paralleling the river bank of all rivers, streams and flowages of water in the City, 50 feet wide, as measured from the ordinary high water level, landward, at right angles or radial to the shoreline or bank, on a horizontal plane.

Rooming house: A dwelling in which more than three persons either individually or as families are housed or lodged for hire without meals.

Screen: A structure providing enclosure, such as a fence, and/or visual barrier between the area enclosed and the adjacent property. A screen may also consist of living materials such as trees and shrubs.

Seasonal parking lot: A parking area designed to service a limited, defined group of users less than six months per year during the non-winter months.

Setback: The minimum required horizontal distance between the building or structure and the front, side and rear lot lines and natural features.

Shopping center: More than one commercial establishment, planned, developed, owned and managed as a unit, with off-street parking provided on the property.

Sign: A device which is affixed to, or otherwise located or set upon a building, structure or parcel of land which directs attention to an activity or business. The definition includes interior signs which are directed at persons outside the premises of the sign owners and exterior signs, but not signs primarily directed at persons within the premises of the sign owner. The definition does not include goods for sale displayed in a business window. The following additional definitions are provided:

(A)

Freestanding sign: A sign which is attached to or part of a completely self-supporting structure. The supporting structure shall be placed in or below the ground surface and not attached to any building or any other structure whether portable or stationary.

(B)

Projecting sign: A sign other than a wall sign, which is perpendicularly attached to, and projects from a structure or building wall not specifically designed to support the sign.

(C)

Portable temporary sign: A single or double surface painted or poster panel type sign or some variation thereof, which is temporary in nature, easily movable and not permanently attached to the ground or a building.

(D)

Real estate sign: A temporary sign placed upon property for the purpose of advertising to the public the sale or lease of said property.

(E)

Roof sign: Any sign wholly erected to, constructed/or maintained on the roof structure of any building.

(F)

Wall sign: Any sign that shall be affixed parallel to the wall or printed or painted on the wall of any building; provided, however, said wall sign shall not project above the top of the wall or beyond the end of the building. For the purpose of this chapter, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign.

(G)

Canopy sign: Means a sign displayed and affixed flat on the surface of a canopy and does not extend vertically or horizontally beyond the limits off the canopy.

(H)

Window sign: A sign installed inside a window and intended to be viewed from the outside.

(I)

Sign surface: The part of the sign upon, against or through which the message is displayed or illustrated.

(J)

Pylon sign: Free standing sign supported by towers that is larger in nature (see Section 151.178(J)).

Site condominium: A condominium development containing residential, commercial, office, industrial or other structures or improvements for uses permitted in the zoning district in which located, in which each co-owner owns exclusive rights to a volume of space within which a structure or structures may be constructed, herein defined as a condominium unit, as described in the master deed. The following additional definitions are provided:

(A)

Condominium Act: Act 59, Public Acts of 1978, as amended.

(B)

Condominium documents: The master deed, recorded pursuant to the Condominium Act, and any other instrument referred to in the master deed or bylaws which affects the rights and obligations of a co-owner in the condominium.

(C)

Condominium lot: The condominium unit and the contiguous limited common element surrounding the condominium unit, which shall be the counterpart of "lot" as used in connection with a project developed under the Land Division Act, Act 288 of the Public Acts of 1967, as amended.

(D)

Condominium unit: The portion of a condominium project designed and intended for separate ownership and use, as described in the master deed regardless of whether it is intended for residential, office, industrial, business, recreational, use as a time share unit, or any other type of use.

(E)

General common elements: The common elements other than the limited common elements.

(F)

Limited common elements: A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-workers.

(G)

Master deed: The condominium document recording the condominium project to which are attached as exhibits and incorporated by reference thy bylaws for the project and the condominium subdivision plan for the project, and all other information required by Section 8 of the Condominium Act.

Story: That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the floor and the ceiling above it.

Story, one-half: A story under the gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story, and the floor area shall not exceed two-thirds of the area of the floor below.

Street: A public or private thoroughfare which affords the principal means of access to abutting property.

Street line: The dividing line between the street right-of-way of the contiguous street and the lot.

Structure: Anything constructed or erected above the ground level or which is attached to something located on the ground. Structures typically include such things as buildings, signs, amateur radio towers, sheds and decks.

Unnecessary hardship: A situation whereby a property owner, due to conditions of a lot or parcel, cannot use said lot or parcel for any legal use allowed by the Zoning Ordinance within the district which the lot is located. Situations occurring due to the owner's desire to establish an alternate use when allowed use options are available or due to situations created by an owner subsequent to the enactment of the chapter shall not be deemed an unnecessary hardship.

Variance: A modification of the literal provisions of the Zoning Ordinance which is authorized by the Zoning Board of Appeals when strict enforcement of the Ordinance would cause either an unnecessary hardship or practical difficulty.

Variance, non-use: A dimensional variation of Ordinance standards such as yard requirements, building height, lot coverage, liming space dimensions and similar requirements. Non-Use Variances are granted based on the showing of a practical difficulty.

Variance, use: A variation of the Ordinance standards allowing a use within a specific zoning district which is otherwise not allowed in that zone. Use Variances are granted based on the showing of an unnecessary hardship.

Vehicle repair: Any major activity involving the general repair, rebuilding or reconditioning of motor vehicles or engines; collision repair, such as body, frame, or fender straightening and repair, overall painting and vehicle rust-proofing; refinishing or steam cleaning.

Vehicle sales: An authorized dealership for the sale of new and/or used vehicles with completely enclosed office and sales facilities on the premises. All related activities incidental to the sale of new and/or used vehicles such as minor repairing, servicing and restoring, shall be performed within completely enclosed facilities.

Wireless communication facilities: Shall mean and include all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, micro-wave relay towers, telephone transmission equipment building and commercial mobile radio service facilities. Not included within this definition are: citizen band radio facilities; short wave facilities; ham amateur radio facilities; satellite dishes; and governmental facilities which may be subject to state or federal law or regulations which preempt municipal regulatory authority. For purposed of this chapter, the following additional terms are defined:

(A)

Attached wireless communication facilities: Wireless facilities that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles and the like. A wireless communication support structure proposed to be newly established shall not be included within this definition.

(B)

Wireless communication support structures: Structures erected or modified to support wireless communication antennas. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles and guyed towers or other structures which appear to be something other than a mere support structure.

(C)

Collocation: The location by two or more wireless communication providers of wireless communication facilities on a common structure, tower or building, with the objective of reducing the overall number of structures required to support wireless communication antennas within the community.

Yard: An open space on the same lot with a building unoccupied and unobstructed from the ground upward, except as otherwise provided herein. The measurement of a yard shall be construed as the minimum horizontal distance between the lot line and the building or structure.

Yard, front: A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the principal building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line. In all cases, the front lot line shall be considered to be that portion of the lot which abuts a public right-of-way, private road easement or shoreline.

Yard, rear: A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the principal building.

Yard, side: A yard between any building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line to the nearest point of principal building.

Zoning permit: A standard form issued by the Zoning Administrator upon application and declaration by the owner or his/her duly authorized agent regarding proposed construction and use of land, thereon, granting approval for the construction or use applied for. A zoning permit is also known as a land use permit.

(Ord. No. 2017-02, 10-18-2017; Ord. No. 2020-01, §§ 1—6, 2-19-2020; Ord. No. 2022-01, 3-16-2022)

The Zoning Administrator, or his/her designees, shall be appointed by the City Manager and designated to administer and enforce the provisions of this chapter.

(Ord. No. 2017-02, 10-18-2017)

The Zoning Administrator shall:

(A)

Receive and review for completeness all applications for site condominium projects, site plan review and conditional use permits which the Planning Commission and City Council are required to decide under this chapter and refer such applications to the Planning Commission and City Council for determination.

(B)

Receive and review for completeness all applications for appeals, variances, or other matters which the Zoning Board of Appeals is required to decide under this chapter and refer such applications to the Zoning Board of Appeals for determination.

(C)

Receive and review for completeness all applications for amendments to this chapter and refer such applications to the Planning Commission and City Council for determination.

(D)

Review applications and site plans, make site inspections, and issue land use permits for Agriculture/open space (AG/OS), Residential (R-1A, R-1B), Multi-family (R-2), Commercial (C-1, C-2 and CBD) and Industrial (I) Districts. Commercial, Industrial and Multi-family applications are limited to signs, parking, fences, accessory buildings, new business registration, demolition, additions/alterations/remodeling of less than 25 percent of the existing principal building and other limited uses as authorized by this chapter.

(E)

Make periodic site inspections of the City to determine Ordinance compliance and answer complaints on Zoning Ordinance violations.

(F)

Shall, after giving notice to perfect a violation of the Ordinance, have the right to revoke a land use permit if the violation is not corrected within a reasonable period of time or issue a civil infraction.

(G)

Implement the decisions of the Planning Commission and City Council.

(Ord. No. 2017-02, 10-18-2017)

(A)

Application. Applications for conditional land use permits authorized in this chapter shall be submitted to the Zoning Administrator on a form provided by the City. In addition to a complete application form, the applicant is required to submit a preliminary site plan prepared in accordance with Section 153.034, Site Plan Review. Incomplete submittals shall not be accepted by the Zoning Administrator.

(B)

Procedures:

(1)

Conditional land use permits may be granted by the Planning Commission at its discretion.

(2)

The Zoning Administrator shall review the proposed application and preliminary site plan to determine if all required information has been supplied, and forward the completed application, preliminary site plan and supporting data to the Planning Commission for a recommendation.

(3)

Upon receipt of a completed application, the Zoning Administrator shall cause notice that such a request has been received and be published in accordance with Section 153.037, if requested by the Planning Commission.

(4)

After notice, and after public hearing, if requested, the Planning Commission may deny, approve or approve with conditions a request for a conditional land use. The decision of the Planning Commission shall be incorporated in a statement of conclusions relative to the conditional land use under consideration. Any decision which denies a request or imposes conditions upon its approval shall specify the basis for the denial or the conditions imposed.

The Planning Commission may impose such additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights, and for insuring that the purposes of this chapter and the general spirit and purpose of the district in which the conditional use is proposed will be observed.

(C)

Basis of determinations. The Planning Commission shall review the proposed conditional use in terms of the standards stated within this chapter and shall establish that such use and the proposed location:

(1)

Will be harmonious and in accordance with the general objectives or any specific objectives of the Master Plan.

(2)

Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area.

(3)

Will not be hazardous or disturbing to existing uses or uses reasonably anticipated in the future.

(4)

Will be an improvement in relation to the property in the immediate vicinity and to the City as a whole.

(5)

Will be served adequately by essential public services and facilities or that the persons responsible for the establishment of the proposed use will provide adequately any such service or facility.

(6)

Will not create excessive additional public costs and will not be detrimental to the economic welfare of the City.

(7)

Will be consistent with the intent and purposes of this chapter.

(D)

Duration, voiding and extensions of permit. Unless otherwise specified by the Planning Commission, any Conditional Land Use Permit (CLU) granted under this section shall be null and void unless the development proposed shall have its first building permit issued within one year from the date of the granting of the permit. The Zoning Administrator shall give notice by certified mail to the holder of a permit before voidance is actually declared. Said notice shall be mailed to the permit holder at the address indicated on said permit. Within 30 days of receipt of notice of voiding of the permit, the applicant shall have the right to request an extension of the CLU permit from the Planning Commission. The Planning Commission may grant an extension thereof for good cause for a period of not-to-exceed one year.

The Zoning Administrator may suspend or revoke a CLU permit issued under the provisions of this chapter whenever the permit is issued erroneously on the basis of incorrect information supplied by the applicant or his agent and is in violation of any of the provisions of this chapter or of any other ordinances or regulations of the City.

(E)

Reapplication. No application for a CLU, which has been denied wholly or in part, shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or change of conditions found to be sufficient to justify reconsideration by the Planning Commission.

(Ord. No. 2017-02, 10-18-2017; Ord. No. 2017-04, 12-20-2017)

The Planning Commission shall have the authority to review and to approve or reject all site plans (i.e. preliminary, final and combined site plans), taking into account the recommendations of the Zoning Administrator. Prior to the issuance of building permits or commencement of construction, a site plan review and approval is required in accordance with the procedures contained in this section.

(A)

Where required.

(1)

Site plan review is required for all new construction of any nonresidential building or structure on any parcel and for any new residential single-family, two-family or multiple-family developments. All such construction or developments shall be consistent with the purpose of this chapter as presented in Section 150.02 of this chapter.

(2)

Site plan review is required for all proposed uses and certain existing uses within the City where an alteration, addition, expansion, change or conversion constitutes an increase or reduction to the existing structure or use of more than 500 square feet, or ten percent, whichever is less, or would require a variance from the provisions of this chapter, regardless of its size, or there is a change of use from the existing use. Site plan review shall be required prior to the paving of any off-street parking for any use for which off-street parking is required by this chapter, or for the construction of new parking lots or driveways.

(3)

Site plan review shall not be required for individual single-family dwellings or residential accessory storage buildings. However, a site plan shall accompany a land use application to be reviewed and approved by the Zoning Administrator to ensure such improvements meet all of the requirements of this chapter.

(4)

The City shall not issue a land use permit until a final site plan has been approved and is in effect. A use, not involving a building or structure, shall not be commenced or expanded, nor shall the Zoning Administrator or designee issue a land use permit for such use until a final site plan has been approved and is in effect.

(5)

No grading, removal of trees or other vegetation, land filling or construction of improvements shall commence for any development which requires site plan approval until a final site plan is approved and is in effect, except as otherwise provided in this article.

(B)

Preliminary site plan.

(1)

Application. Any applicant may submit a request for preliminary site plan review by filing with the Zoning Administrator completed forms, payment of the review fee, and ten copies of the preliminary site plan drawings(s). The Administrator, upon receipt of the application, shall transmit only complete submittals of the preliminary site plan drawings to the Planning Commission prior to its next regular meeting. The purpose of such preliminary review is to confirm general compliance with City standards as well as to suggest changes, if necessary, for final site plan approval.

(2)

Information required. Each preliminary site plan submitted for review shall provide the following information:

(a)

Property owners and applicant's name and address;

(b)

Scale, north arrow and date of plan;

(c)

Location, description, dimensions and area of the site; zoning classification; and demonstrations of compliance with lot area, width, coverage and setback requirements;

(d)

General topography and soils information and existing natural man-made features to be retained or removed;

(e)

Location and dimensions of proposed buildings/structures; including floor area, number of floors, height, number and type of dwelling units (where applicable);

(f)

Proposed streets/drives; including general alignment, right-of-way, surface type and width to be consistent with adjacent streets and drives and the expansion of advancement of the purpose of the traditional town plan;

(g)

Proposed parking; including location and dimensions of spaces and aisles, and surface type;

(h)

Adjacent land uses, property owners and zoning and location of adjacent buildings and drives/streets;

(i)

Proposed phasing;

(j)

Location and width of any easements on the site.

(3)

Planning commission action. The Planning Commission shall make a decision to approve, approve with conditions or deny the preliminary site plan within 30 days from the date of the Planning Commission meeting at which the site plan is first heard. The Planning Commission shall set forth the reason for its action in the record of the meeting at which action is taken. The time limit may be extended upon a written request by the applicant and approval by the Planning Commission.

(4)

Effect of approval. Approval of a preliminary site plan by the Planning Commission shall indicate its general acceptance of the proposed layout of buildings, streets and drives, parking areas, other facilities and overall character of the proposed development. The Planning Commission may, at its discretion, and with the appropriate conditions attached, authorize issuance of grading and foundation permits on the basis of the approved preliminary site plan. The authorization, however, will be used only in those situations in which seasonable conditions, such as the onset of frost, or other severe time limitations might, in the Planning Commission opinion, unduly delay the commencement of construction until after the final site plan was approved. The Planning Commission shall attach appropriate conditions to such authorization.

(5)

Expiration of approval. Approval of a preliminary site plan shall be valid for a period of 180 days from the date of approval and shall expire and be of no effect unless an application for a final site plan is filed with the Zoning Administrator within that time period. The Zoning Administrator or duly appointed agent shall, within ten days of the date of approval of the preliminary site plan by the Planning Commission, transmit a written certification of such approval to the applicant.

(C)

Final site plan.

(1)

Application. Following approval of a preliminary site plan, the applicant shall submit to the Zoning Administrator ten copies of a final site plan as well as other data and exhibits hereinafter required, the review fee, and a completed application form. The Administrator, upon receipt of the application, shall transmit only complete submittals of the final site plan drawing(s) to the Planning Commission prior to its next regular meeting.

(2)

Information required. A Final Site Plan submitted for review and approval shall contain all of the following data presented in a clear and legible format. Site Plans shall consist of an overall plan for the entire development. Sheet size shall be at least 24" x 36" with plan view drawn to a scale of no greater than 1" = 50' for property less than three acres or no greater than 1" = 100' for property three or more acres.

General Information:

(a)

Proprietors, applicants and owners names, addresses and telephone numbers.

(b)

Date of preparation, including revisions.

(c)

Scale.

(d)

North point.

(e)

Location map drawn at a scale of 1" = 2,000' with North point indicated.

(f)

Architect, engineer, surveyor, landscape architect or planner's seal.

(g)

Existing and proposed lot lines, building lines, structures, parking areas, etc., on the parcel and within 100 feet of the site.

(h)

Centerline, existing and proposed right-of-way lines of any street.

(i)

Zoning classification of petitioner's parcel and all abutting parcels.

(j)

Gross acreage figure.

Physical features:

(a)

Acceleration, declaration and passing lanes and approaches.

(b)

Proposed locations of access drives, street intersections, driveways locations, sidewalks and curbing.

(c)

Location of existing and proposed service facilities above and below ground, including:

1.

Chemical and fuel storage tanks and containers.

2.

Water supply facilities.

3.

Sanitary sewage disposal facilities.

4.

Storm water control facilities and structures.

5.

Location of all easements.

(d)

Location of all structures with setback and yard dimensions.

(e)

Dimensioned parking spaces and calculation, drives and method of surfacing.

(f)

Exterior lighting locations and illumination patterns.

(g)

Location and description of all existing and proposed landscaping, berms, fencing and walls.

(h)

Trash receptacle pad location and method of screening.

(i)

Transformer pad location and method of screening.

(j)

Dedicated road or service drive locations.

(k)

Entrance details including sign locations and size.

(l)

Designation of fire lanes.

(m)

Any other pertinent physical features.

Natural features:

(a)

Soil characteristics of the parcel to at least the detail provided by the U.S. Soil Conservation Service, Soil Survey of Iron County, Michigan.

(b)

Existing topography with a maximum contour interval of two feet. Topography on the site and beyond the site for a distance of 100 feet in all directions should be indicated. Grading plan, showing finished contours at a maximum interval of two feet, correlated with finished contours so as to clearly indicate required cutting, filling and grading.

(c)

Location of existing drainage courses and associated bodies of water, on and off site, and their elevations.

(d)

Location of existing wetlands.

(e)

Location of natural resource features, including woodlands and areas with slopes greater than ten percent (one foot of vertical elevation for every ten feet of horizontal distance).

Additional requirements for residential developments:

(a)

Density calculations by type of unit by bedroom counts.

(b)

Designation of units by type and number of units in each building.

(c)

Carport or garage locations and details where proposed.

(d)

Specific amount and location of recreation spaces.

Additional requirements for commercial and industrial developments:

(a)

Loading/unloading areas.

(b)

Total and useable floor area.

(c)

Number of employees in peak usage.

(3)

Standards for review. In reviewing the final site plan, the Planning Commission shall determine whether the plan meets the following specifications and standards:

(a)

The plan conforms to the approved preliminary site plan and with all Zoning Ordinance regulations;

(b)

All required information is provided;

(c)

The proposed use will not be injurious to the surrounding neighborhood and protects the general health, safety, welfare and character of the City.

(d)

There is a proper relationship between major thoroughfares and proposed service drives, driveways and parking areas. Proper access to all portions of the site and all sides of any structure is provided. All structures or groups of structures shall be so arranged as to permit emergency vehicle access by some practical means to all sides of the buildings.

(e)

The location of buildings is such that the adverse effects of such uses will be minimized for the occupants of that use and surrounding areas.

(f)

Natural resources will be preserved to the maximum extent possible in the site design by developing in a manner which will not detrimentally affect or destroy natural features such as lakes, ponds, streams, wetlands, steep slopes, soils, groundwater and woodlands.

(g)

Storm water management systems and facilities will preserve the natural drainage characteristics and enhance the aesthetics of the site to the maximum extent possible, and will not substantially reduce or increase the natural retention or storage capacity of any wetland, water body or water course, or cause alterations which could increase flooding or water pollution on or off site.

(h)

Wastewater treatment systems, including on-site septic systems, will be located to minimize any potential degradation of surface water or groundwater quality and meet County and State standards.

(i)

Sites which include storage of hazardous materials or waste, fuels, salt or chemicals will be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater or nearby water bodies in accordance with County and State standards.

(j)

Landscaping, including grass, trees, shrubs and other vegetation is provided to maintain and improve the aesthetic quality of the site and area.

(k)

The proposed use is in compliance with all City Ordinances and any other applicable laws.

(4)

Planning commission action. The Planning Commission shall make a decision to approve, approve with conditions, or deny the final site plan within 30 days of the date of Planning Commission meeting at which the site plan is first heard. The time limit may be extended upon a written request by the applicant and approved by the Planning Commission. The Planning Commission may suggest and/or require modifications in the proposed final site plan as are needed to gain approval.

(5)

Effect of approval. Approval of a final site plan authorizes issuance of a land use permit.

(6)

Expiration of approval. Approval shall expire and be of no effect unless a building permit shall be taken out within 180 days of the date of approval of the final site plan. Also, approval of a final site plan shall expire and be of no effect one year following the date of approval unless construction has begun on the property in conformance with the approval final site plan.

(D)

Combining preliminary and final site plans. An applicant may, at his discretion and risk, combine a preliminary and final site plan in application for approval. In such a situation the portion of the review process concerning preliminary site plan application and review may be waived by the Planning Commission. The Planning Commission shall have the authority to require submittal of a preliminary site plan separate from a final site plan, where, in its opinion, the complexity and/or scale of the site for the proposed development so warrant. A preliminary and final site plan shall not be combined for any development consisting of two or more phases.

(E)

Amendment of approval site plan. The Zoning Administrator shall have the authority to determine if a proposed change requires an amendment to an approved final site plan. A site plan may be amended upon application and in accordance with the procedure herein for a final site plan. The Zoning Administrator may approve minor changes in an approved final site plan, provided that a revised final site plan drawing (s) be submitted showing such minor changes, for purposes of record. In considering such a determination, the Zoning Administrator shall consider the following to be a minor change:

(1)

Change in size of structures, for residential building by up to five percent, provided that the overall density of units does not increase.

(2)

Change is square footage of non-residential buildings by up five percent or 1,000 square feet, whichever is smaller.

(3)

Alterations to horizontal and/or vertical elevations by up to five percent.

(4)

Movement of a building or buildings by no more than ten feet.

(5)

Increase in designated "areas not to be disturbed."

(6)

Replacement of plantings approved in the site plan landscape by similar types and sizes of landscaping which provides a similar screening effect on a 1:1 or greater bias, with approval of the Zoning Administrator.

(7)

Improvements to site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, etc.

(8)

Changes of building materials to another of higher quality, as determined by the Zoning Administrator.

(9)

Changes in the floor plans which do not alter the character of the use.

(10)

Slight modification of sign placement or reduction of size.

(11)

Relocation of sidewalks and/or refuse storage stations.

(12)

Internal rearrangement of parking lot which does not change the number or parking spaces by more than five percent or alter access locations or design.

(13)

Changes required or requested by the City for safety reasons.

(F)

Modification of plan during construction. All improvements shall conform to the final site plan. It shall be the responsibility of the applicant to notify the Zoning Administrator of any such changes prior to such change being made. Any changes considered more than a minor change as defined above shall require re-submittal to the Planning Commission. The Planning Commission or Zoning Administrator may require the applicant to correct the changes so as to conform to the approved final site plan.

(G)

Phasing of development. The applicant may, at his discretion, divide the proposed development into two or more phases. In such case, the preliminary site plan shall cover the entire property involved and shall clearly indicate the location, size and character of each phase. A final site plan may be submitted for review and approval for each phase. Performance guarantees or other conditions may be imposed on future phases by the City to ensure necessary improvements are completed throughout the development to assure logical extensions of roads or other infrastructure.

(H)

Inspection. The Zoning Administrator or designee shall be responsible for inspecting all improvements for conformance with the approved finial site plan. All sub-grade improvements such as utilities; subbase installations for drives and parking lots and similar improvements shall be inspected and approved prior to covering. The applicant shall be responsible for requesting the necessary inspection.

The Building Inspector shall notify the Zoning Administrator, in writing, when a development for which a final site plan as approved, has passed inspection with respect to the approved final site plan. The Building Inspector shall notify the Zoning Administrator, in writing, of any development for which a final site plan was approved, which does not pass inspection with respect to the approved final site plan, and shall advise the Zoning Administrator of steps taken to achieve compliance. In such case, the Building Inspector shall periodically notify the Zoning Administrator of progress towards compliance with the approved final site plan and when compliance is achieved. A partial certificate of occupancy may be issued until the Zoning Administrator has inspected the site for compliance with the total site plan. Thereafter, upon approval of the full site plan, a certificate of occupancy will be issued.

(I)

Violations. The approved final site plan shall regulate development of the property and any violation of this article, including any improvement not in conformance of the approved final site plan, shall be deemed a violation of this chapter as provided in Title 1 of the Code of Ordinances and shall be subject to all penalties therein.

(Ord. No. 2017-02, 10-18-2017; Ord. No. 2020-01, § 7, 2-19-2020)

At the time of adoption of this chapter, the County of Iron Building Department issues, regulates and enforces building permits on behalf of the City. The City of Iron River regulates land uses through the issuance of land use permits. All uses of land regulated by this Zoning Ordinance must first receive an approved land use permit except as otherwise specified herein. All land use permits expire within one year unless the construction or said activity has commenced. All building projects must be completed within 18 months of issuance of the land use permit. An extension may be granted if requested before the expiration of the permit and a specific plan for completion with time tables are presented.

(A)

Land use permit application. An application for a land use permit under this chapter shall be made to the Zoning Administrator or his designated agent on a form provided by the City and shall contain or have attached thereof the following information:

(1)

Name, address and telephone number of the applicant and the owner if different from the applicant.

(2)

The address or legal description of the lot where the proposed use will occur.

(3)

The applicant must demonstrate proof of legal possession of the land for the proposed use.

(4)

A site plan showing the location of the proposed use and its relationship to all existing and proposed structures and lot lines.

(5)

Plans and specifications for the proposed use including the following information:

(a)

Exact dimensions including height and distance from structures and lot lines.

(b)

The type of use according to the definitions of the Zoning Ordinance.

(c)

A sketch of the footprint of all buildings and structures, type and amount of paving, and landscaping which will appear on the property.

(d)

The materials out of which the proposed construction is to be made.

(B)

Permit fees. All applications shall be accompanied by a land use permit application fee as established in the fee schedule which shall be adopted and amended from time to time by the City Council. The permit application fee shall reimburse the City for the costs of checking the application for compliance with the Ordinance and shall reimburse the City for the costs of necessary inspections. The land use fee does not include electrical permits or building permit fees or other fees which may be required.

(Ord. No. 2017-02, 10-18-2017)

(A)

Intent. Pursuant to the authority conferred by Section 141 of the Condominium Act, preliminary and final site plans shall be regulated by the provisions of this chapter and subject to the review by the Planning Commission and approval of the City Council.

(B)

General requirements.

(1)

Each condominium lot shall be located within a Zoning District that permits the proposed use.

(2)

Each condominium lot shall front on and have direct access to a public street approved by the City.

(3)

For the purposes of this chapter, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the Zoning District in which located, and the provisions of any other statues, laws, ordinances and/or regulations applicable to lots in subdivisions.

(4)

In the case of a site condominium containing single-family detached dwelling units, not more than one dwelling unit shall be located on a condominium lot, nor shall a dwelling unit be located on a condominium lot with any other principal structure or use except in a PUD district. Required yards shall be measured from the boundaries of a condominium lot.

(C)

Site plan approval requirements. Preliminary approval of the site plan and final approval of the site plan and condominium documents including Master Deed and Bylaws by the Planning Commission and City Council shall be required as a condition to the right to construct, expand or convert a site condominium project. No permits for erosion control, building construction, grading or installation of public water or sanitary sewerage facilities shall be issued for property in a site condominium development until a final site plan has been approved by the City Planning Commission and City Council and is in effect. Preliminary and final approval shall not be combined.

(1)

Preliminary approval.

(a)

A preliminary site plan pursuant to the standards and procedures set forth in Section 151.034 of this chapter shall be submitted to the Planning Commission for preliminary review.

(b)

If the site plan conforms in all respects to applicable laws, ordinances and design standards, preliminary approval shall be granted by the planning Commission.

(c)

If the site plan fails to conform, the Planning Commission shall either deny the application or grant preliminary approval with conditions, provided such conditions are met before final approval.

(2)

Final approval.

(a)

Following preliminary approval, the applicant shall submit a final site plan, Master Deed and Bylaws pursuant to the standards and procedures set forth in Section 151.034(C) of this chapter. In addition to the final site plan, the Condominium Documents shall be submitted to the City for the review by the City Attorney and other appropriate staff and consultants. The Condominium Documents shall be reviewed with respect to all matters subject to regulation by the City including, without limitation: ongoing preservation and maintenance of drainage, retention, wetland and other natural and/or common area; maintenance of private roads, if any; and maintenance of storm water, sanitary and water facilities and utilities.

(b)

The applicant shall also submit engineering plans in sufficient detail for the City, to determine compliance with applicable laws, ordinances and design standards for construction of the project.

(c)

Upon completion of the review of the Condominium Documents and engineering plans and receipt of the recommendations and findings from the City Attorney, Engineer and Planner, the site plan shall be submitted to the City Council for final review.

(d)

If the site plan, Condominium Documents and/or engineering plans conform in all respects to applicable laws, ordinances and design standards, final approval shall be granted by the City Council.

(e)

Upon completion of the review of the Condominium Documents and/or engineering plans fail to conform, final approval shall be denied by the City Council.

(f)

In the interest of insuring compliance with this chapter and protecting the health, safety and welfare of the residents of the City, the City Council, as a condition of final approval of the site plan, shall require the applicant to deposit a performance guarantee as set forth in Section 151.039 of the Zoning Ordinance for the completion of improvements associated with the proposed use.

(D)

Required improvements.

(1)

All design standards and required improvements that apply to a subdivision, under the Subdivision Regulations adopted by the City Council, shall apply to any condominium development.

(2)

Each condominium unit shall be connected to the City water, sanitary and storm sewers. Utility standards stated in Chapter 52 shall apply to all condominium units. Furthermore, the utility provisions stated in Chapter 50, Subdivision Regulations, shall apply to all condominium units proposed for location on property which is not subdivided and recorded, or property which is to be further subdivided. Each individual condominium unit shall be considered a residential equivalent unit as defined in Chapter 50.

(3)

Monuments shall be set at all boundary corners and deflection points and at all road right-of-way intersection corners and deflection points. Lot irons shall be set at all condominium lot corners and deflection points of condominium lot lines.

The City may grant a delay in the setting of required monuments or irons for a reasonable time, but not-to-exceed one year, on condition that the developer deposit with the City Clerk cash, a certified check, or an irrevocable bank letter of credit running to the City, whichever the developer selects, in an amount as determined from time to time by resolution of the City Council. Such deposit shall be returned to the developer upon receipt of a certificate by a surveyor registered in the State of Michigan that the monuments and irons have been set as required, within the time specified. If the developer defaults, the City Council shall promptly require a registered land surveyor to set the monuments and irons in the ground as shown on the condominium site plans, at a cost not-to-exceed the amount of the security deposit which shall include City administrative costs.

(4)

Road rights-of-ways shall be described separately from individual condominium lots, and shall be accurately delineated by bearings and distances on the condominium subdivision plan and the final site plan. The right-of-way shall be for roadway purposes and for the purposes of locating, installing, maintaining and replacing of public utilities. The developer shall declare easements to the City for all public water and sanitary sewer lines and appurtenances.

(5)

All improvements in a site condominium shall comply with the design specifications as adopted by the City Council and any amendments thereto.

(E)

Information required prior to occupancy. Prior to the issuance of an occupancy permit for any condominium unit, the applicant shall submit the following to the Zoning Administrator.

(1)

A copy of the recorded Condominium Documents (including exhibits, Master Deed and Bylaws).

(2)

A copy of any recorded restrictive covenants.

(3)

A copy of the site plan in laminated photo static copy or mylar sheet.

(4)

Evidence of completion of improvements associated with the proposed use including two copies of an "as-built survey."

(F)

Revision of site condominium plan. If the site condominium subdivision plan is revised, the final site plan shall be revised accordingly and submitted for review and approval or denial by the Planning Commission before any building permit may be issued, where such permit is required.

(G)

Amendment of condominium documents. Any amendment to a master deed or bylaws that affects the approved preliminary or final site plan or any conditions of approval of a preliminary or final site plan shall be reviewed and approved by the City Attorney and Planning Commission before any building permit may be issued, where such permit is required. The Planning Commission may require its review of an amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the site plan.

(H)

Relocation of boundaries. Relocation of boundaries between adjoining condominium units, if permitted in the condominium documents, as provided in Section 48 of the Condominium Act, shall comply with all regulations of the zoning district in which located and shall be approved by the Zoning Administrator. These requirements shall be made a part of the by-laws and recorded as part of the master deed.

(I)

Subdivision of condominium lot. Each condominium lot that results from a subdivision of another condominium lot, if such subdivision is permitted by the condominium documents, as provided in Section 49 of the Condominium Act, shall comply with all regulations of the zoning district in which located, and shall be approved by the Zoning Administrator. These requirements shall be made a part of the condominium by-laws and recorded as part of the master deed.

(Ord. No. 2017-02, 10-18-2017)

Unless otherwise required, notices for all public hearings shall be given as follows:

(A)

Except as noted in subsection (C) and (D) below, notices for all public hearings shall be given as follows:

(1)

Notice of the hearing shall be not less than five days or more than 15 days before the date of the public hearing.

(2)

Notice of the hearing shall be published in a newspaper of general circulation and the city's web site.

(3)

Notice shall be sent by mail or personal delivery to the owners of adjacent property for which approval is being considered.

(4)

Notice shall also be sent by mail to all persons to whom real property is assessed within 300 feet of the property and to the occupants of all structures within 300 feet of the property regardless of whether the property or occupant is located in the zoning jurisdiction. If the name of the occupant is not known, the term "occupant" may be used in making notification under this subsection.

(B)

Public Hearing Notices shall contain the following information:

(1)

Description of the nature of the request.

(2)

Identification of the property that is the subject of the request. The notice shall include a listing of all the existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

(3)

Location of when and where the request will be considered.

(4)

Information regarding when and where written comments will be received concerning the request.

(C)

Newspaper publication as required in (A) above shall be the only notice required for an amendment to the Zoning Ordinance or the zoning map that affects 11 or more properties.

(D)

For Ordinance interpretations and appeals of administrative decisions by the Zoning Board of Appeals, notice that does not affect a specific property shall only be to the applicant, and by newspaper publication, as required in (A) above.

(Ord. No. 2017-02, 10-18-2017; Ord. No. 2020-01, § 8, 2-19-2020)

(A)

Application procedure.

(1)

An amendment to the official zoning map, this chapter or the Master Plan, except those initiated by the City Council or Planning Commission, shall be initiated by submission of a completed application on a form supplied by the City, including an application fee, which shall be established from time to time by resolution of the City Council.

(2)

In the case of an amendment to the official zoning map (rezoning), the following information shall accompany the application.

(a)

A legal description and street address of the subject property, together with a map identifying the subject property in relation to surrounding properties.

(b)

The name, signature and address of the owner of the subject property, a statement of the applicant's interest in the subject property if not the owner in fee simple title, or proof of consent from the property owner.

(c)

The existing and proposed zoning district designation of the subject property.

(d)

A site analysis site plan illustrating existing conditions on the site and adjacent properties; such as woodlands, wetlands, soil conditions, steep sloped, drainage patterns, views, existing buildings, any sight distance limitations and relationship to other developed sites and access points in the vicinity.

(e)

A conceptual plan demonstrating that the site could be developed with representative uses permitted in the requested zoning district meeting requirements for setbacks, wetland buffers access spacing, any requested service drives and other site design factors.

(f)

A written environmental assessment describing site features and anticipated impacts created by the host of uses permitted in the requested zoning districts.

(g)

A traffic impact analysis shall be provided if any use permitted in the requested zoning district could generate 100 or more peak hour directional trips, or 1,000 or more vehicle trips per day; the traffic study should contain the daily and peak hour trip generation rates for representative use in the current and requested zoning district; the determination of representative uses shall be made by the Planning Commission with input from City staff and consultants.

(h)

A written description of how the requested rezoning meets subsection (C).

(3)

In the case of an amendment to the official zoning map (rezoning), the site must be staked to clearly indicate the location of the requested amendment. Flagged stakes shall be placed on each parcel corner.

(4)

In the case of an amendment to the Master Plan or this chapter, other than an amendment to the official zoning map, a general description of the purpose and intent of the proposed amendment shall accompany the application form.

(B)

Rezoning, Zoning Ordinance, and master plan amendment procedure.

(1)

Upon initiation of a rezoning, Zoning Ordinance text amendment or master plan amendment, a public hearing on the proposed amendment shall be scheduled before the Planning Commission in accordance with Section 151.037.

(2)

Following the public hearing, the Planning Commission shall identify and evaluate all factors to the petition and shall report its findings and recommendation to the City Council, except in the case of a Master Plan Amendment. In the case of an amendment to the official zoning map (rezoning), the Planning Commission shall consider the criteria contained in subsection (C), below.

(3)

Following receipt of the findings and recommendations of the Planning Commission, the City Council shall consider the proposed amendment. In the case of an amendment to the text of this chapter, the City Council may modify or revise the proposed amendment as recommended by the Planning Commission, prior to enactment. In the case of an amendment to the official zoning map (rezoning), the City Council shall approve or deny the amendment, which may be based on consideration of the criteria contained in subsection (C), below.

(4)

No petition for rezoning, Zoning Ordinance text amendment or Master Plan Amendment that has been denied by the City Council or Planning Commission (Master Plan Amendment) shall be resubmitted for a period of one year from the date of denial except on the grounds of new evidence or proof of changed conditions relating to all of the reasons noted for the denial found to be valid by the Planning Commission.

(C)

Criteria for amendment of the official zoning map (rezoning). In considering any petition for an amendment to the official zoning map (rezoning), the Planning Commission shall and the City Council may consider the following criteria in making its findings, recommendations and decision:

(1)

Consistency with the goals, policies and the Future Land Use Map of the City's Master Plan, including any subarea or corridor studies. If conditions have changed since the City of Iron River Master Plan was adopted, the consistency with recent development trends in the area.

(2)

Compatibility of the site's physical, geological, hydrological and other environmental features with the potential uses allowed in the proposed zoning district.

(3)

Evidence the applicant cannot receive a reasonable return on investment through developing the property with one of the uses permitted under the current zoning.

(4)

The compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure and potential influence on property values.

(5)

The capacity of City infrastructure and services sufficient to accommodate the uses permitted in the requested district without compromising the "health, safety and welfare" of the City.

(6)

The apparent demand for the types of uses permitted in the requested zoning district in the City in relation to the amount of land in the City currently zoned to accommodate the demand.

(7)

Where a rezoning is reasonable given the above criteria, a determination shall be made that the requested zoning district is more appropriate than another district or amending the list of permitted or special land uses within a district.

(D)

Amendments required to conform to court decree. Any amendment for the purpose of conforming to a decree of a court of competent jurisdiction shall be adopted by the City Council and published, without necessity of a public hearing or referral thereof to any other commission or agency.

(E)

Conditional rezoning.

(1)

Conditional rezoning. An applicant for a rezoning may voluntarily offer a Conditional Rezoning along with an application for rezoning before or following the public hearing for a proposed rezoning. An election to submit a Conditional Rezoning shall be pursuant to the Michigan Zoning Enabling Act (Public Act 110 of 2006, as amended), and this section.

(a)

A Conditional Rezoning shall be a written agreement executed by the applicant and the City, shall be in recordable form and shall be recorded with the Iron County Register of Deeds after execution.

(b)

A Conditional Rezoning may include limitations on the uses permitted on the property in question, specify lower or varying density or less intensity of development and use, or may impose more restrictive measures on the location, size, height, or other measure for buildings, structures, improvements, setbacks, landscaping, buffers, design, architecture and other features that would otherwise be provided in this chapter.

(c)

A Conditional Rezoning may not authorize uses or developments of greater intensity or density, or which are not permitted in a proposed zoning district; nor may a Conditional Rezoning permit variations from height, area, setback or similar dimensional requirements that are less restrictive than a proposed zoning district.

(d)

A Conditional Rezoning shall include conditions that bear a reasonable and rational relationship and/or benefit to the property in question. A Conditional Rezoning may include conditions related to the use and development of the property that are necessary to:

1.

Serve the intended use of the property such improvements, extension, widening or realignment of streets, utilities or other infrastructure serving the site.

2.

Minimize the impact of the development on surrounding properties and the City overall.

3.

Preserve natural features and open space beyond what is normally required.

(2)

Content of agreement. In addition to any limitations or use or development of the property features or preservation of property features or improvements as described above, a Conditional Rezoning shall also include the following:

(a)

An acknowledgement that the Conditional Rezoning was proposed voluntarily by the Applicant.

(b)

An agreement and understanding that the property shall not be developed or used in any manner that is not consistent with a Conditional Rezoning.

(c)

An agreement and understanding that the approval of a rezoning and a Conditional Rezoning shall be binding upon and ensure to the benefit of the property owner and the City, and their respective heirs, successors, assigns, receivers or transferees.

(d)

An agreement and understanding that, if a rezoning with a Conditional Rezoning becomes void for any reason including, but not limited to, reasons identified in this section, then no further development shall take place and no permits shall be issued unless and until a new zoning district classification for the property has been established.

(e)

An agreement and understanding that no part of a Conditional Rezoning shall permit any activity, use or condition that would otherwise violate any requirement or standard that otherwise applicable in the new zoning district.

(f)

A legal description of the land to which the agreement pertains.

(g)

Any other provisions as are agreed upon by the parties.

(3)

Process. A Conditional Rezoning shall be reviewed concurrently with a petition for rezoning following the process in subsection (B), and the following:

(a)

A Conditional Rezoning may be submitted prior to or following the Planning Commission Public Hearing. If the agreement is submitted following the Planning Commission Public Hearing, it must be reviewed by the Planning Commission and a second public hearing shall be held prior to the Planning Commission making its recommendation on the rezoning and Conditional Rezoning to the City Council. A Conditional Rezoning shall be reviewed by the City Attorney to determine that it conforms with the requirements of this section, this chapter and the Michigan Zoning Enabling Act (Public Act 110 of 2006), as amended, and that the Conditional Rezoning is in a form acceptable for recording with the Iron County Register of Deeds.

(b)

Following a public hearing for a proposed zoning amendment, the Planning Commission shall make a recommendation to the City Council based upon the criteria listed in subsection (C). In addition, following a public hearing to consider a Conditional Rezoning, the Planning Commission shall consider and address in writing, findings whether a proposed Conditional Rezoning.

1.

Is consistent with the intent of this Article.

2.

Bears a reasonable and rational connection and/or benefit to the property being proposed for rezoning.

3.

Is necessary to ensure that the property develops in such a way that protects the surrounding neighborhood.

4.

Leads to a better development than would have been likely if the property had been rezoned without a Conditional Rezoning, or if the property were left to develop under the existing zoning classification.

5.

Is clearly in the public interest.

(c)

If a Conditional Rezoning has been offered by the applicant and recommended for approval by the Planning Commission, the City Council may approve a Conditional Rezoning as a condition to the rezoning if it meets all requirements of Subsection 2., above. The Conditional Rezoning shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the City Council to accomplish the requested rezoning.

(d)

If a rezoning and Conditional Rezoning are approved, the zoning classification of the rezoned property shall consist of the district to which the property has been rezoned, plus a reference to the Conditional Rezoning the City Clerk shall maintain a listing of all properties subject to Zoning Agreement and shall provide copies of the Agreements upon request.

(e)

All other requirements of this chapter or any other City ordinances shall apply to the property to which a Conditional Rezoning applies.

(4)

Expiration.

(a)

Unless extended by the City Council for good cause, a rezoning and Conditional Rezoning shall expire two years after adoption of the rezoning and Conditional Rezoning, unless substantial construction on the approved development of the property pursuant to building and other required permits issued by the City commences within the two-year period and proceeds diligently to completion.

(b)

In the event that substantial construction on the approved development has not commenced within the aforementioned two years, or if construction and development does not proceed diligently to completion thereafter, a Conditional Rezoning and rezoning shall be void and of no effect.

(c)

Should a Conditional Rezoning become void, all development on the subject property shall cease, and no further development shall be permitted. Until action satisfactory to the City is taken to bring the property into compliance with this chapter, the City may withhold or, following notice to the applicant and being given an opportunity to be heard, revoke permits and certificates, in addition to or in lieu of any other lawful action to achieve compliance.

(d)

Notwithstanding the above, if the property owner applies in writing for an extension of a rezoning and a Conditional Rezoning at least 30 days prior to the expiration date, the City Council may, in its sole discretion, grant an extension of up to one year. Future extensions may be granted, although the number of previous extensions granted to a particular rezoning and Conditional Rezoning shall be considered by the City Council.

(5)

Reversion of zoning. If a rezoning and Conditional Rezoning become void as outlined above, then the zoning classification of the property shall revert back to its previous zoning classification. The reversion process shall be initiated by the City Council by requesting that the Planning Commission proceed with consideration of rezoning of the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall be the same as applies to all other rezoning requests, including the notice and hearing as required by the Michigan Zoning Enabling Act (Public Act 110 of 2006), and this chapter. No building or other permit shall be issued or valid during the process described in this subsection.

(6)

Continuation. Provided that all development and/or use of the property in question is in compliance with a Conditional Rezoning, a use or development authorized there under may be continued indefinitely, provided that all terms of a Conditional Rezoning continue to be adhered to.

(7)

Amendment.

(a)

During an initial two-year period, or during any extension granted by the City as permitted above, the City shall not add to or alter a Conditional Rezoning, even with the landowner's consent.

(b)

A Conditional Rezoning may be amended after the expiration of an initial two-year period and any extensions, in the same manner as was prescribed for the original rezoning and Conditional Rezoning.

(8)

Violation of agreement. Failure to comply with a Conditional Rezoning at any time after approval will constitute a breach of the agreement and also a violation of this chapter and further use of the property may be subject to legal remedies available to the City. Any violation of a Conditional Rezoning that is not cured within 30 days after written notice of the violation is given shall permit the City Council, in its sole discretion, to declare a Conditional Rezoning void ab initio and of no effect.

(9)

Subsequent rezoning of land. Nothing in a Conditional Rezoning, nor any statement or other provision, shall prohibit the City from later rezoning all or any portion of the property that is the subject of a Conditional Rezoning to another zoning classification. Any rezoning shall be conducted in compliance with this chapter and the Michigan Zoning Enabling Act (Public Act 110 of 2006).

(10)

Failure to offer conditions. The City shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect the owner's rights under this chapter.

(Ord. No. 2017-02, 10-18-2017)

In the interest of insuring compliance with the Zoning Ordinance provisions, protecting the natural resources and the health, safety and welfare of the residents of the City and future users or inhabitants of an area for which a site plan for a proposed use has been submitted, the City Council upon the recommendation of the Planning Commission shall require the applicant to deposit a performance guarantee as set forth herein. The purpose of the performance guarantee is to ensure completion of improvements connected with the proposed use as required by this chapter including, but not limited to, streets, lighting, utilities, sidewalks, drainage, fences, screens, walls and landscaping.

(A)

Performance guarantee as used herein shall mean a cash deposit, certified check or irrevocable bank letter of credit in the amount of 125 percent the estimated cost of the improvements to be made as determined by the Applicant and acceptable by the City. The City shall be authorized to employ the City engineering consultant to review cost estimates and conduct periodic inspection of the progress of improvements.

(B)

Where the City Council requires a performance guarantee, said performance guarantee shall be deposited with the City prior to the issuance of a land use permit for the development and use of the land. Upon the deposit of the performance guarantee the City shall issue the appropriate permits.

(C)

The approval shall also prescribe the period of time within which the improvements for which the performance guarantee has been required are to be completed. This period will begin from the date of the issuance of the land use permit.

(D)

The Zoning Administrator, upon the written request of the Applicant, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvement.

(E)

Upon the satisfactory completion, as determined by the City, of the improvement for which the performance guarantee was required, the City shall return to the Applicant the performance guarantee deposited and any interest earned thereon. However, the City is not required to deposit the performance guarantee in an interest-bearing account.

(F)

In the event the Applicant defaults in making the improvements for which the performance guarantee was required within the time period established by the City, the City shall have the right to use the performance guarantee deposited and any interest earned thereon to complete the improvements through Contract or otherwise, including specifically, the right to enter upon the subject property to make the improvements.

If the performance guarantee is not sufficient to allow the City to complete the improvements, the Applicant shall be required to pay the City any of the additional costs of completing the improvements, any amounts remaining after said completion shall be applied first to the City's administrative costs, including without limitation, attorney fees, planning consultant fees and engineering consulting fees in completing the improvement with any balance remaining being refunded to the Applicant.

If the Applicant has been required to post a performance guarantee of bond with another governmental agency other than the City, to ensure completion of an improvement, the Applicant shall not be required to deposit with the City a performance guarantee for that specific improvement. At the time the performance guarantee is deposited with the City and prior to the issuance of a building permit, the Applicant shall enter an Agreement incorporating the provisions hereof with the City regarding the performance guarantee.

(Ord. No. 2017-02, 10-18-2017)

From time to time, the City Council and/or Planning Commission may employ planning, engineering, legal, traffic or other special consultants to assist in the review of conditional land use permits, site plans, re-zoning or other matters related to the planning and development of the City.

(Ord. No. 2017-02, 10-18-2017)

The City Council shall establish a schedule of fees, charges, escrow for consultants, and expenses, and a collection procedure, for land use permits, building permits, certificates of occupancy, appeals and other matters pertaining to this chapter. The City shall have the authority to include fees for the use of engineering, planning, legal or other special consultants. The schedule of fees shall be posted in the City Offices, and may be altered or amended only by the City Council. No permit, certificate, conditional use approval or variances shall be issued unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the Zoning Board of Appeals, unless or until preliminary charges and fees have been paid in full.

(Ord. No. 2017-02, 10-18-2017)

Uses of land, buildings or structures, including tents and mobile homes, erected, altered, razed or converted in violation of this chapter are hereby declared to be a nuisance per se. The court shall order such nuisance abated and the Owner and/or agent in charge of such dwelling, building, structure, tent, mobile home or land shall be adjudged guilty of maintaining a nuisance per se. Anyone violating any of the provisions of this chapter, shall upon conviction thereof, be subject to a fine of not more than "as per Council Resolution" and the costs of prosecution thereof, by imprisonment in the County Jail for a period of not-to-exceed 30 days, or both. Each day that a violation is permitted to exist from the time of formal citation by the City shall constitute a separate offense. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this chapter.

(Ord. No. 2017-02, 10-18-2017)

For the purpose of the Ordinance, the City of Iron River is hereby divided into the following districts:

AG/OS Agriculture District/Open Space

R-1A Single-Family Residential, Low Density

R-1B Single-Family Residential, Medium Density

R-2 Multiple-Family Residential

CBD Central Business District

C-1 Local Service

C-2 General Commercial

I-1 Industrial

PUD Planned Unit Development (Article 7)

G Government

(Ord. No. 2017-02, 10-18-2017)

(A)

Identified. The zoning districts as provided in Section 151.061 are bounded and defined as shown on the map entitled "Zoning District Map of the City of Iron River." The Zoning District Map, along with all notations, references, and other explanatory information, shall accompany and be made a part of this chapter.

(B)

Authority. Regardless of the existence of purported copies of the Zoning District Map which shall be published, a true and current copy of the Zoning District Map available for public inspection shall be located in and maintained by the office of the City Clerk. The Clerk's copy shall be the final authority as to the correct status of any land, parcel, lot, district, use, building or structure in the City.

(C)

Interpretation of business district boundaries. Where uncertainty exists with respect to the boundaries of any of the districts indicated on the Zoning District Map, the following rules shall apply:

(1)

A boundary indicated as approximately following the centerline of the highway, alley or easement shall be construed as following such centerline.

(2)

A boundary indicated approximately following a recorded lot line or the line bounding a parcel shall be construed as following such line.

(3)

A boundary indicated as approximately following a municipal boundary line shall be construed as following such line.

(4)

A boundary indicated as following a railroad line shall be construed as being located midway by the right-of-way.

(5)

A boundary indicated as following a shoreline shall be construed as following such shoreline, and in the event of change in the shoreline shall be construed as following the shoreline existing at the time the interpretation is made.

(6)

The boundary indicated as following the centerline of a stream or river, canal, lake or other body of water shall be construed as following such centerline.

(7)

A distance not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

(8)

Where an existing physical feature is at variance with that shown on the Official Zoning Map or any other circumstances not covered by (1) through (7) preceding, the Zoning Board of Appeals shall interpret the location of the zoning district boundary.

(Ord. No. 2017-02, 10-18-2017)

The regulations herein established within each zoning district shall be the minimum regulations for promoting and protecting the public health, safety and general welfare and shall be uniform for each class of land, buildings, structure or uses throughout each district.

No building shall hereafter be erected, altered or moved, nor shall any building or premises hereafter be used for any purpose other than is permitted in the district in which said building or premises is located, except by appeal as herein described by this chapter. Wherever the requirements of this chapter are at variance with the requirements of any other adopted regulations or ordinances, the most restrictive or those imposing the higher standards shall govern. Except as hereinafter provided, district regulations shall be applied in the following manner:

(A)

Uses in districts.

(1)

Permitted uses. Permitted uses shall be permitted by right only if specifically listed as principal permitted uses in the various zoning districts or are similar to such listed uses.

(2)

Conditional uses are permitted after review and approval by the Planning Commission only if specifically listed or are similar to such listed uses.

(B)

Application of area and width regulations.

(1)

The area or width of a lot shall not be reduced below the minimum requirements herein established for the district in which such lot is located.

(2)

Every parcel of land shall meet the minimum lot width requirements set forth in Section 151.065 Schedule of Regulations and shall have frontage on and/or direct access to a public street which has been accepted for maintenance by the City.

(3)

Except in the R-1A, AG/OS, and I Districts, access to a single-family dwelling shall be limited to one individual driveway. Corner lot owners may seek an additional driveway off the opposite street as a conditional use.

(C)

Application of yard regulations.

(1)

No part of a yard required for any building for the purposes of compliance with this chapter shall be included as a part of a yard or other open space similarly required for another building.

(2)

All front yard setback lines shall be the minimum perpendicular distance measured from the right-of-way of the road upon which a lot or parcel fronts to the nearest point of the principal structure.

(3)

All side and rear yard setback lines shall be the minimum perpendicular distance between the nearest point on the side or rear of the structure and the side or rear lot line parallel thereto.

(4)

On Corner lots, the required front yards shall be provided along both street frontages.

(5)

No building, structure, fence or other permanent improvement shall be permitted to be erected or located within a public right-of-way except for those improvements authorized by the City.

(D)

Application of height regulations.

(1)

No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, as set forth in Section 151.065, Schedule of Regulations.

(2)

Exception to height regulations. Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building and fire or parapet walls, skylights, towers, steeples and screens, flagpoles, chimneys, smokestacks, water tanks or similar structures may be erected above the height limits herein prescribed. No such structure shall exceed by more than 15 feet the height limit of the district in which it is located.

(3)

Communications towers shall be subject to the regulations set forth in Section 151.103.

(E)

Location and number of buildings on lot of record.

(1)

Every building erected, altered or moved shall be located on a lot of record as defined herein.

(2)

There shall be only one single-family dwelling permitted in the Agriculture or single-family zoning districts. Where there is more than one single-family dwelling located on a lot of record at the time of adoption of this chapter, said dwelling shall not be divided from the lot except in conformity with the requirements of this chapter.

(Ord. No. 2017-02, 10-18-2017)

The uses listed in the following Zoning Districts may be permitted if reviewed in accordance with Article III, Administration and Enforcement, and deemed in compliance with the following, in addition to any other specific standards of this chapter:

Section 151.065, Schedule of Regulations

Article V, General and Special Provisions

Article VI, Environmental Protection and Design Provisions

Article VIII, Signs

Article IX, Off-Street Parking and Loading.

(A)

AG/OS, Agriculture District and Open Space District.

Purpose: This District is composed of those areas of the City whose principal use is and ought to be farming or open space. The regulations of this District are designed to conserve, stabilize, enhance and develop farming and related resource-utilization activities, to minimize conflicting uses of parcels, lots, buildings and structures detrimental to or incompatible with these activities, and to prohibit uses of parcels, lots, buildings and structures which require streets, drainage and other public activities and services of a different type and quantity than those normally required by these activities.

(B)

R-1A, Single-Family Residential District, Low Density.

Purpose: This District is composed in those areas of the City served by a public water supply system and a public sanitary sewer system where the principal use is intended to be single-family dwellings developed at a low density. In addition to the dwellings permitted in the Zoning District, there are certain non-residential and public uses which may be permitted through the conditional approval of the City.

(C)

R-1B, Single-Family Residential District, Medium Density.

Purpose: This District is composed in those areas of the City served by a public water supply system and a public sanitary sewer system where the principal use is intended to be single-family dwellings on moderately sized lots. In addition to the dwellings permitted in this Zoning District, there are certain non-residential and public uses which may be permitted through the conditional approval of the City.

(D)

R-2, Multiple-Family Residential District.

Purpose: This District is composed in those areas of the City where the principal use is intended to be multiple family dwellings. The regulations of this District are designed to permit a higher density of population and land use intensity than is allowed in the R-1A and R-1B Districts. Areas zoned R-2 shall be served by public water supply system and a public sanitary sewerage system and abut or are adjacent to such other uses, buildings, structures or amenities which support, complement or serve a multiple-family density. In addition to the dwellings permitted in this Zoning District, there are certain non-residential and public uses which may be permitted through the conditional approval of the City.

(E)

C-1, Local Service District.

Purpose: This District is designed primarily for the convenience of persons residing in the City by providing office, limited retail and business service uses that serve the adjacent and surrounding neighborhoods. It is the purpose of these regulations to permit development of the enumerated functions in a matter which is compatible with uses in the surrounding area. To these ends, certain uses are excluded which would function more effectively in other districts.

(F)

C-2, General Commercial District.

Purpose: This District is designed to accommodate office, business service and retail uses that serve a larger market than C-1 District including the City and portions of the surrounding townships. It is the purpose of these regulations to permit development of the enumerated functions in a manner which is compatible with uses in the surrounding area. To these ends, certain uses are excluded which would function more effectively in other Districts.

(G)

CBD, Central Business District.

Purpose: This District is designed to provide a variety of office, business service, entertainment and retail uses which occupy the prime retail frontage by serving the comparison, convenience and service needs of the market area which includes the City and surrounding Townships. The regulations of the CBD District are designed to promote convenient pedestrian shopping and the stability of retail development by encouraging a continuous retail frontage and by prohibiting automotive-related services including gasoline retail outlets and non-retail uses which tend to break up such continuity.

(H)

I, General Industrial District.

Purpose: This District is designed to provide the location and space for all manner of industrial, wholesale and industrial storage uses. It is the purpose of these regulations to permit the development of certain functions to protect the surrounding areas from incompatible industrial activities, restrict the intrusion of non-related uses such as residential, retail business and commercial, and to encourage the discontinuance of uses presently existing in the District which are non-conforming by virtue of the type of use. To these ends, certain uses are excluded which would function more effectively in other Districts, and which would interfere with the operation of the uses permitted in this District.

(I)

G, Government District.

Purpose: The Government District (G) and regulations are intended to provide an appropriate zoning classification for specified governments, civic and recreational facilities where a separate zoning district is deemed appropriate. This Article is also intended to protect public and quasi-public facilities and institutions from the encroachment of certain other uses, and to ensure compatibility with adjoining residential uses. Several of the public facilities addressed in this section are also Permitted or Conditional Uses in one or more of the zoning districts. Governmental agencies which are exempted from zoning by state and federal statute shall be responsible for complying with the standards of this section to the greatest extent possible.

(Ord. No. 2020-01, §§ 9, 10, 2-19-2020)

Schedule of Area, Height, Width and Setback Regulations

Footnotes to schedule of area, height, width and setback regulations.

(A)

All dwelling units and occupied buildings shall be served with a public water supply system and a public sanitary system.

(B)

Lot area and density. Every lot or parcel of land occupied by a medium density multiple-family dwelling structure shall contain a minimum area of one acre and a total area of not less than the following:

(C)

Distance between buildings. In addition to the required setbacks from property boundaries, the following minimum distances shall be required between each multiple family structure:

(1)

Where buildings are front to front or front to rear, three times the height of the taller building, and not less than 70 feet.

(2)

Where buildings are side to side, one and one half times the height of the taller building, but not less than 20 feet.

(3)

Where buildings are front to side, rear to side, or rear to rear, two times the height of the taller building, but not less than 35 feet.

In applying the above standards, the front of the building shall mean that the face of the building having greatest length and contains the primary entrance to the building; the rear is that face opposite the front. The side of the building is considered any face that is not a front or rear.

(D)

The minimum distance of any principal building from the ordinary high water mark shall be 50 feet.

(E)

Driveways to single-family dwellings shall be located in the greater side yard setback.

(F)

Any structure located within the CBD which abuts a dwelling located within the C-1, R-1A or R-1B District shall have a minimum setback from the common property line of ten feet.

(G)

The minimum floor area of dwelling units shall be as follows:

(H)

All stores within a shopping center or a free standing building shall have a minimum of 1,000 square feet of floor space. Conditional uses exist for certain combinations of retail business of less than 1,000 square feet to meet the minimum floor space in freestanding buildings.

(I)

Accessory buildings are regulated by subsection 151.084(A).

(J)

Decks and porches are conditionally allowed within the front setback area if they are not supported by a permanent foundation. A land use permit is required and approval is made on a case by case basis by the Zoning Administrator. Existing non-conforming decks and porches may be replaced without a land use permit provided the replacement is of the same size and in the same location.

(K)

Development along the Iron River must adhere to the requirements of Section 151.134.

(L)

Single-family dwelling are allowed on lots with a minimum size of one acre or more.

(M)

Buildings must be built to the front lot line. A conditional use may be granted that allows the area between the front lot line and the front of the building to be used as a quasi-public place.

(N)

If the land area of the parcel is built from plotted lots, then the minimum lot size area allowed is 7,200 square feet and minimum lot width allowed is 60 feet.

(Ord. No. 2017-02, 10-18-2017; Ord. No. 2020-01, § 11, 2-19-2020)

The intent of this article is to provide for those regulations which generally apply regardless of the particular zoning district and to those conditional uses which may be permitted in certain zoning districts.

(Ord. No. 2017-02, 10-18-2017)

The cluster housing option may be applied for as a conditional use in R-1A, R-1B and R-2 Districts subject to the standards set forth in Section 151.033, Conditional Land Uses, and this section.

(A)

Intent. The intent of the cluster housing option is to permit the development of single-family residential patterns which, through design innovation, will:

Allow greater flexibility;

Encourage a more creative approach to the development of single-family residential areas;

Encourage a more efficient, aesthetic, and desirable use of the land;

Provide a more desirable living environment through the preservation and conservation of natural features such as topography, wetlands, woodlands, bodies of water, and other natural assets; and

Encourage the provision of open space so that benefits may accrue directly to the residents of the development or the community as a whole.

(B)

Qualification of parcels. The parcel must be located in a district zoned for residential use and must meet one or more of the following characteristics listed below. Requests for qualification under these conditions must be supported by documented evidence supplied by the applicant in either narrative or graphic form.

Parcel characteristics qualifications:

(1)

The parcel contains natural assets which would be preserved through the use of cluster development. Such assets may include natural stands of large trees, land which serves as a natural habitat for wildlife, wetlands, bodies of water, unusual topographic features, or other natural assets which should be preserved. Requests for qualification under these conditions must be supported by documented evidence.

(2)

The parcel contains major topographic conditions which would require mass grading resulting in loss of significant natural features.

(3)

The parcel contains substantial portions of flood plain and wetlands. A flood plain and wetlands map indicating the extent of the wetlands and flood plain area shall be submitted to the Planning Commission in order to support the proposal for the parcel's qualification for cluster development.

(4)

The parcel, due to its size or shape, cannot be reasonably developed as a conventional subdivision or site condominium development.

(C)

Site design requirements. Unless specifically noted in this section, all cluster developments submitted under this option shall conform to all dimensional and development standards of this chapter:

(1)

Development is permitted as either attached or detached dwelling units, provided the number of attached units shall not exceed 20 percent of the total number of units in an R-1A or R-1B District, respectively.

(2)

Open space. When completed, the development shall have 20 percent of the gross acreage in the development devoted to open space, which shall remain in its natural state and/or be restricted to active and/or passive outdoor recreational purposes. Dedication of open space shall comply with the standards set forth in Section 151.083. Designated open space shall include area within any greenbelts required by subsections 151.033(C)(3) and 151.032(C)(4), subject to the restrictions contained herein.

The computation of designated open space shall not include: rights-of-way or easements designated for road purposes; areas within the minimum setbacks of a dwelling unit; land which is under water (lakes, streams, water courses, and other similar bodies of water); any area to be improved into a lake or pond; and/or more than 25 percent of the area of regulated wetlands.

(3)

Greenbelt adjacent and parallel to public streets. In addition to any required minimum setback specified in Section 151.082(C)(6), a greenbelt, the minimum width as set forth below, shall be required along any adjacent public street. The greenbelt shall be measured from the street right-of-way. The City, at its discretion, may permit either reductions or variations in width of the greenbelt taking into consideration topographic and/or other natural resource conditions, density of existing vegetation to be preserved, and size and shape of the development site.

(4)

Transition from adjacent parcels. In order to provide an orderly transition for access and density between the proposed development and adjacent areas when a cluster development abuts a single-family residential district, the Planning Commission, at its discretion, may require one or more of the following measures: location of streets to meet up with adjacent streets, an area or row of lots of comparable size as the neighboring residential lots, designation of open space along the common boundaries, and/or screening in accordance with the requirements of subsection 151.122(D) of this Chapter.

The following minimum greenbelt from adjacent public streets shall be applied:

Minimum Width of Greenbelt from Adjacent Public Streets

(5)

Density. The number of dwelling units within any development permitted hereunder shall not exceed the number of dwelling units permitted in the Zoning District in which the proposed development is located without application of the cluster housing option. The applicant must submit a concept plan that illustrates a site layout without the cluster option and all applicable ordinances and laws observed.

(6)

Setbacks. Minimum setback requirements are established in a manner which permits variation in the sitting of individual dwelling units in order to encourage creativity in design and compatibility with natural resource features. The minimum setback requirements for each dwelling unit shall be shown on the site plan as follows:

(a)

In the case of single-family detached dwellings, the following minimum setbacks shall be applied:

Minimum Yard Setbacks Per Unit

(b)

In the case of single-family attached dwellings, the following minimum setbacks shall be applied:

Minimum Setback

(c)

In the case of single-family attached dwellings, the minimum distance between buildings shall comply with Section 151.065(D).

(7)

Required street frontage. Any cluster lot contained within a cluster lot development shall have frontage on and direct access to a public street which has been accepted for maintenance by the City. The extent of street frontage shall be determined by the City, in its discretion, taking into consideration topographic and/or other natural resource considerations, size and shape of the development site, and public safety factors.

(Ord. No. 2017-02, 10-18-2017)

(A)

Whenever the preservation of open space is required by this chapter, the applicant shall provide a demonstrated means that all open space portions of the development will be maintained in the manner approved. Documents shall be presented that bind all successors and future owners in fee title to commitments made as a part of the proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the City and the land uses continue as approved in the open space community plan.

The dedicated open space shall be set aside by the applicant through an irrevocable conveyance that is found acceptable to the City Attorney, such as:

(1)

Recorded deed restrictions.

(2)

Covenants that run perpetually with the land,

(3)

Conservation easements such as those established per the State of Michigan Conservation and Historic Preservation Act, Public Act 197 of 1980, as amended (M.C.L.A. § 399.251)

(B)

Such conveyance shall assure that the open space will be protected from all forms of development, except as shown on an approved site plan, and shall never be changed to another use. Such conveyance shall:

(1)

Indicate the proposed allowable use(s) of the dedicated open space.

(2)

Demonstrate to the satisfaction of the City that dedicated open space shall be maintained.

(3)

Provide standards for scheduled maintenance of the open space.

(4)

Provide for maintenance to be undertaken by the City in the event that the dedicated open space is inadequately maintained, or is determined by the City to be a public nuisance, with the assessment of costs upon property owners within the proposed development.

(Ord. No. 2017-02, 10-18-2017)

(A)

Requirements applicable to accessory buildings.

(1)

A building or structure not attached to a principal building shall be considered a detached accessory building or structure.

(2)

Where the accessory building is structurally attached to a main building, it shall conform to all setback and height regulations of this chapter and building codes applicable to main buildings.

(3)

No accessory building or structure shall be built upon a residential lot or parcel unless and until a principal structure is erected except garages approved as a conditional use and regulated by subsection 151.084(C), below

(4)

The total floor area of all accessory buildings and structures shall not exceed 100 percent of the total floor area of all stories of the principal building.

(5)

Accessory buildings and structures shall be included in lot coverage limitations.

(6)

The total floor area of all detached accessory buildings and structures shall not exceed 25 percent of the total rear yard area.

(7)

No detached accessory building or structure shall exceed 12 feet in overall height.

(8)

In no instance shall an accessory building or structure be located within a dedicated easement or right-of-way.

(9)

Detached accessory structures shall be erected only in a rear yard. If the lot is a corner lot, accessory structures shall remain behind all building lines adjacent to streets.

(10)

No detached accessory building or structure shall be constructed or placed within ten feet of any other building located on the same lot or parcel.

(11)

Accessory buildings and structures located in rear yards shall not be closer than ten feet to any rear or side lot line except as stated otherwise in this section. In R-1B Districts, they shall not be closer than five feet to any rear or side lot line. In C-1, C-2, and CBD districts, they shall not be closer than three feet to any rear or side lot line. All accessory buildings and structures shall not be located closer than three feet to a utility.

(12)

Accessory structures shall be subject to all applicable building code regulations of the City of Iron River. No building shall be built of steel exterior wall construction except for prefabricated sheds less than 100 square feet and accessory structures located in the AG/OS and I districts.

(B)

Private swimming pools shall be subject to the following:

(1)

No portion of the swimming pool or associated structures shall be permitted to encroach upon any easement or right-of-way which has been granted for public utility use.

(2)

Front yard and side yard setbacks shall comply with required setbacks specified for the zoning district wherein the pool is located. Rear yard setbacks shall be a minimum of 15 feet.

(3)

All swimming pools shall be enclosed in accordance with applicable Building Codes.

(C)

Detached garages may be placed in side or rear yards. The maximum height is limited to the height of the principal structure or 24 feet, whichever is less. No living quarters may be placed in a detached garage. Detached garages shall adhere to the same set back requirements of the principal building.

(Ord. No. 2017-02, 10-18-2017; Ord. No. 2020-01, § 12, 2-19-2020)

(A)

When permitted, emergency temporary dwellings may be permitted upon a finding by the City that the principal residential structure has been destroyed in whole or in part by fire, explosion or natural disaster and therefore is uninhabitable and the standards set forth herein have been met.

(B)

Permit application and review.

(1)

An application for a permit for the emergency temporary use and installation of a mobile home, modular, or prefabricated dwelling unit shall be made to the Zoning Administrator. The application shall be accompanied by a plot plan showing the location of the proposed structure.

(2)

The application shall be reviewed by a committee composed of the Zoning Administrator and two Planning Commission members. Approval of the application may be granted by a majority vote of the committee upon a finding that all of the following conditions are met:

(a)

The principal residential structure has been destroyed in whole or in part by fire, explosion, or natural disaster and therefore is uninhabitable.

(b)

The temporary dwelling unit will be connected to public sewer or water.

(c)

The temporary dwelling unit complies with all applicable Zoning District requirements including setback, area, bulk, and other requirements, except minimum house size requirements.

(3)

The granting of a permit for an emergency temporary dwelling unit shall be for a period of up to one year from the date of approval by the committee. Any conditions of approval shall be specified in writing on the permit.

(4)

To guarantee compliance with the provisions of the Ordinance and removal of the emergency temporary dwelling upon expiration of the permit, the City Council may require a cash bond to be posted prior to the issuance of a permit.

(C)

Temporary shelter. A motorhome, travel trailer, camper or tent may be used as temporary shelter for homeowners or guests for up to 21 days. The homeowner shall record the date said unit became used for a temporary shelter and have available for inspection. This use is only permitted in R-1A or AG/OS Districts.

(Ord. No. 2017-02, 10-18-2017)

No single-family dwelling (site built), mobile home, modular housing, or prefabricated housing located outside a mobile home park or mobile home subdivision shall be permitted unless said dwelling unit conforms to the following standards:

(A)

Square footage. Each such dwelling unit shall comply with the minimum square footage requirements of this chapter for the zone district in which it is located.

(B)

Dimensions. Each such dwelling unit shall have a minimum width across any front, side, or rear elevation of 20 feet and shall comply in all respects with the Building Code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations for construction are different than those imposed by the Michigan State Construction Code Commission, then and in that event such federal or state standard or regulation shall apply.

(C)

Foundation. Each such dwelling unit shall be firmly attached to a permanent foundation constructed on the site in accordance with the Building Code and shall have a wall of such dimensions to adequately support the dwelling. All dwellings shall be securely anchored to the foundation in order to prevent displacement during windstorms.

(D)

Undercarriage. Dwelling units shall not be installed with attached wheels. Additionally, no dwelling shall have any exposed towing mechanism, undercarriage, or chassis.

(E)

Sewage disposal or water supply. Each such dwelling unit shall be connected to public sewer and water.

(F)

Storage area. Each such dwelling unit shall contain a storage capability area either in a basement located under the dwelling, in an attic area, or in a separate or attached 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, which ever shall be less.

(G)

Architecture and compatibility. The compatibility of design and appearance shall be determined in the first instance by the Zoning Administrator. The Zoning Administrator may also refer any determination of compatibility shall be based upon the character, design, and appearance of one or more residential dwellings located outside of mobile home parks within 500 feet of the subject dwelling. All dwellings shall be aesthetically compatible in design and appearance with other residences in the vicinity. No principal building shall be built of steel exterior wall construction.

All homes shall have a roof overhang of not less than six inches on all sides or alternatively with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling. The dwellings shall not have less than two exterior doors with one door being in either the rear or side of the dwelling. Steps shall also be required for exterior door areas or to porches connected to say door areas where a difference in elevation requires the same. The foregoing shall not be construed to prohibit innovative design concepts involving such matters a solar energy, view, unique land contour, or relief from the common or standard designed home.

(H)

Additions. Each such dwelling unit shall contain no addition or room or other area which is not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.

(I)

Mobile homes. Mobile homes may be used as a single-family dwelling in AG/OS and R1-A Zoning Districts. The site must be a minimum of one acre in size. The date of manufacture must be ten years or less in age. The minimum width of the unit permitted is 14 feet. The minimum floor space of the unit may be no less than 1,000 square feet.

(J)

Code compliance. Each such dwelling unit shall comply with all pertinent building and fire codes. In the case of a mobile home, all construction, all plumbing, electrical apparatus, and insulation within and connected to said 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 or superseded. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements. Mobile homes shall not be used as an accessory building.

(K)

Building permit. All construction required herein shall be commenced only after a building permit has been obtained in accordance with the applicable Building Code provisions and requirements.

(L)

Exceptions. The foregoing standards 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 this chapter and pertaining to such parks. Mobile homes which do not conform to the standards of this section shall not be used for dwelling purposes within the city unless located within a mobile home park or a mobile home subdivision district for such uses, or unless used as a temporary residence as otherwise provided in this chapter.

(Ord. No. 2017-02, 10-18-2017)

The Mobile Home Code, as established by the Mobile Home Commission and the Michigan Department of Public Health Rules under the authority of the Mobile Home Commission Act, Public Act 96 of 1987, as amended, regulates development of mobile home parks. All mobile home parks must be constructed according to the standards of the Code.

In addition to the rules and standards of the State of Michigan, the City of Iron River imposes the following conditions:

(A)

Mobile home parks shall be constructed, licensed, operated, and managed in accordance with the provisions of the Mobile Home Commission Act, Act 96 of 1987, as amended and subsequently adopted rules and regulations governing mobile home parks.

(B)

Mobile Home Parks shall not be permitted on parcels less than ten acres in size.

(C)

Individual mobile home sites within a mobile home park shall have a minimum lot size of 4,500 square feet per mobile home being served. This 4,500 square foot minimum may be reduced by 20 percent, provided that the individual site shall be equal to at least 3,600 square feet. For each square foot of land gained through this reduction of the site below 4,500 square feet, an equal amount of land shall be dedicated as open space. In no case shall the open space requirements be less than that required under R125.1946, Rule 946 of the Michigan Administrative Code.

(D)

The on-site storage of boat trailers, boats, camping units, horse trailers and similar recreational equipment shall be prohibited on mobile home sites and in designated open space areas. The mobile home park may provide, within the confines of the park, a common outdoor storage area for the storage of the above mentioned equipment.

(E)

Mobile home parks shall be landscaped as follows:

(1)

If the mobile home park abuts an existing residential development, the park shall be required to provide screening along the park boundary abutting the residential development.

(2)

If the park abuts a non-residential development, the park need not provide screening.

(3)

In all cases, however, a park shall provide screening along the park boundary abutting a public right-of-way.

The landscaping shall consist of evergreen trees or shrubs of a minimum three feet in height which is spaced so they provide a continuous screen at maturity. Alternative screening devices may be utilized if they conceal the mobile home park as effectively as the required landscaping described above.

(F)

Mobile Home Parks shall be subject to preliminary plan review requirements in accordance with PA 96 of 1987, as amended.

(G)

A permit shall not be required for the construction or erection of canopies or awnings which are open on three sides. A land use permit and a building permit shall be required, however, before the construction of erection of any screened, glassed-in, or otherwise enclosed awning or canopy.

(Ord. No. 2017-02, 10-18-2017; Ord. No. 2020-01, § 13, 2-19-2020)

(A)

Intent. It is the intent of this section to establish standards for day care facilities which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(B)

Application of regulations.

(1)

A state licensed Family Child Care Home shall be considered a residential use of property and a permitted use in all residential districts. Family Child Care Homes shall be prohibited in all other districts.

(2)

The Planning Commission may, by issuance of a conditional use permit, authorize the establishment of Group Child Care Homes and Child Care Centers as specified in District regulations and subject to the standards herein.

(C)

Standards for group child care homes. Group Child Care Homes shall be considered as conditional land use subject to the requirements and standards of Section 151.033 and the following additional standards:

(1)

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located.

(2)

The property is maintained in a manner that is consistent with the character of the neighborhood.

(3)

There shall be an outdoor play area of at least 500 square feet provided on the premises. Said play area shall not be located within the front yard setback. This requirement may be waived by the Planning Commission if a public play area is within 500 feet of the subject parcel.

(4)

All outdoor play areas shall be enclosed by a fence that is designed to discourage climbing, and is at least four feet in height, but no higher than six feet.

(5)

The hours of operation do not exceed 16 hours within a 24-hour period. Activity between the hours of 10:00 p.m. and 6:00 a.m. shall be limited so that the drop-off and pick-up of children is not disruptive to neighboring residents.

(6)

One off-street parking space per employee of the shift with the highest number of employees not a member of the Group Child Care Home family shall be provided.

(7)

Appropriate licenses with the State of Michigan shall be maintained.

(D)

Standards for child care centers. Child Care Centers shall be considered as a conditional land use subject to the requirements and standards of Section 151.033 and the following standards:

(1)

The Child Care Center shall be served by public sewer and water.

(2)

A separate drop-off and pick-up area shall be provided adjacent to the main building entrance, located off of a public street and the parking access lane, and shall be of sufficient size so as to not create congestion on the site or within a public roadway.

(3)

Off-street parking shall be provided at a rate of one space per employee plus one space for every five children enrolled at the facility.

(4)

There shall be an outdoor play area of at least 1,000 square feet provided on the premises. Said play area shall not be located within the front setback. This requirement may be waived by the Planning Commission if public play area is available 500 feet from the subject parcel.

(5)

Appropriate licenses with the State of Michigan shall be maintained.

(Ord. No. 2017-02, 10-18-2017; Ord. No. 2020-01, § 14, 2-19-2020)

(A)

Intent. It is the intent of this section to establish standards for adult foster care facilities which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(B)

Application of regulations.

(1)

A State licensed Adult Foster Care Small Group Home serving six persons or less and Adult Foster Care Family Home shall be considered a residential use of property and a permitted use in all residential districts.

(2)

The City may, by issuance of a conditional use permit, authorize the establishment of Adult Foster Care Small Group Homes serving more than six persons and Adult Foster Care Large Group Homes in the following zoning districts: R-1A, R-1B and R-2. Such facilities shall be prohibited in all other districts.

(3)

The City may, by issuance of a conditional use permit, authorize the establishment of an Adult Foster Care Congregate Facility in the following zoning districts: R-2. Such facilities shall be prohibited in all other districts.

(C)

Standards for adult foster care small group homes serving more than six persons and adult foster care large group homes. Such homes shall be considered as conditional land use subject to the requirements and standards of Section 151.033 and the following additional standards:

(1)

A site plan, prepared in accordance with Section 151.034, shall be required to be submitted.

(2)

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of 1,500 square feet per adult, excluding employees and/or care givers.

(3)

The property is maintained in a manner that is consistent with the character of the neighborhood.

(4)

One off-street parking space per employee and/or caregiver shall be provided.

(5)

If deemed necessary, the City may require landscape screening in accordance with subsection 151.122(D).

(6)

Appropriate licenses with the State of Michigan shall be maintained.

(D)

Standards for adult foster care congregate facilities. Such facilities shall be considered as a conditional land use subject to the requirements and standards of Section 151.033 and the following standards:

(1)

A site plan, prepared in accordance with Section 151.034, shall be required to be submitted.

(2)

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of 1,500 square feet per adult, excluding employees and/or caregivers.

(3)

Parking requirements as required for convalescent homes and similar facilities, set forth in Article X shall be met.

(4)

All landscape requirements set forth in Section 151.122 shall be met.

(5)

Appropriate licenses with the State of Michigan shall be maintained.

(Ord. No. 2017-02, 10-18-2017)

Home occupations may be permitted in single family residences subject to the following requirements:

(A)

A Home Occupation must be clearly incidental and secondary to the primary use of the dwelling unit for dwelling purposes. No more than 25 percent of the sum of ground floor area of dwelling shall be devoted to a home occupation.

(B)

A Home Occupation use shall not change the character of the residential nature of the premises, both in terms of use and appearance.

(C)

A Home Occupation use shall not create a nuisance or endanger the health, safety, welfare, or enjoyment of any other person in the area, by reason of noise, vibration, glare, fumes, odor, unsanitary or unsightly conditions, fire hazards, or the like, involved in or resulting from such Home Occupation.

(D)

A Home Occupation shall not generate sewage or water use in excess of what is normally generated from a single-family dwelling in a residential area.

(E)

No employees shall be permitted other than members of the immediate family residing in the dwelling unit unless specifically approved in advance.

(F)

All activities shall be carried on within an enclosed structure. There shall be no outside display of any kind, or other external or visible evidence of the conduct of a Home Occupation. An unanimated, non-illuminated wall sign less than four square feet is allowed provided a permit is granted. The Home Occupation may not be conducted within an accessory building.

(G)

There shall be no vehicular traffic permitted for the Home Occupation, other than that which is normally generated for a single dwelling unit in a residential area, both as to volume and type of vehicles. Off-street parking is required for any employees. Parking layout will be subject to lot size and characteristics of the neighborhood.

(H)

Hours of operation will be stated in the conditional use permit.

(Ord. No. 2017-02, 10-18-2017)

The sale of Christmas trees, pumpkins, firewood, farm produce and products, fireworks, and other seasonal items shall be considered temporary uses within any nonresidential zoning district subject to the conditions contained herein. All such sales shall be conducted in a manner so as not to create traffic hazard or a nuisance to neighboring properties. Adequate parking and ingress and egress to the premises shall be provided. Upon discontinuance of the seasonal use, any temporary structures shall be removed. Signs shall conform to the provisions of the district in which the seasonal use is located. A land use permit is required prior to operating a seasonal sales business. All vendors of seasonal products not owning the land that occur on lands not secured with a long term lease of at least one year shall also obtain a peddler's license.

(Ord. No. 2017-02, 10-18-2017)

Garage sales, rummage sales, yard sales, moving sales, and similar activities shall be considered temporary accessory uses within any residential zoning district subject to the conditions contained herein.

Any garage sale, rummage sale, or similar activity shall be allowed for a period not to exceed three days four times within a calendar year. All such sales shall be conducted in a manner so as not to create a traffic hazard or a nuisance to neighboring properties. No signs advertising a garage sale or similar activity may be placed upon public property or right-of-way. Signs shall not be placed more than 48 hours prior to the sale and must be removed upon completion of the sale. The sign shall not exceed four square feet.

(Ord. No. 2017-02, 10-18-2017)

Essential services shall be permitted as authorized and regulated by law and other ordinances of the City. The construction of buildings, but not storage yards, associated with essential services shall be subject to the provisions of Section 151.034, Site Plan Review. Otherwise, the construction, maintenance, and alteration of essential services shall be exempt from the provisions of this chapter.

(Ord. No. 2017-02, 10-18-2017)

Self-Storage facilities shall be located only in the Industrial District or on parcels larger than five acres in the C-2 and AG/OS Districts and are subject to the following requirements and conditions:

(A)

No activity other than rental of storage units and the rental of outside storage space for recreational vehicles shall be allowed. No commercial, wholesale, retail, industrial or other business use on, or operated from, the facility shall be allowed.

(B)

The storage of any toxic, explosive, corrosive, flammable or hazardous materials is prohibited. Fuel tanks on any motor vehicle, boat, lawn mower, or similar property will be drained or removed prior to storage. Batteries shall be removed from vehicles before storage.

(C)

Other than the storage of recreational vehicles, all storage shall be contained within a building. All recreational vehicle storage shall be screened from the view of neighboring properties and public roads in accordance with Section 151.122.

(D)

Exterior walls of the ends of all storage units shall be of masonry or face-brick construction.

(E)

All storage units must be accessible by paved circular drives clearly marked to distinguish traffic flow. A minimum separation of 36 feet shall be provided between buildings facing other buildings and a minimum of 20 feet between the ends of buildings. Site circulation shall be designed to accommodate fire trucks, as well as trucks that will customarily access the site.

(Ord. No. 2017-02, 10-18-2017)

(A)

Outdoor sales for new and used automobiles, boats, mobile homes, farm machinery and other vehicles and manufactured products and similar uses shall be subject to the following provisions:

(1)

There shall be no strings of flags, pennants or bare light bulbs permitted.

(2)

No vehicles or merchandise for sale shall be displayed within any required front setback and shall adhere to the conditions imposed for the district in which it is located.

(3)

There shall be no broadcast of continuous music or announcements over any loudspeaker or public address system.

(4)

Outdoor display areas shall also adhere to the requirements of Section 151.098.

(B)

Open air businesses shall secure a land use permit and be controlled by all the conditions imposed for the District in which it is located. Retail sales, is limited to plants and garden products not grown on site, lawn furniture, playground equipment, and garden supplies. All seasonal sales of this nature not secured in duration with a long term lease requires a Peddlers license issued by the City of Iron River unless it is incidental to the primary business and operated by the principal tenant of the property.

(C)

Private vehicles for sale shall not be placed on property of another for sale unless through a consignment arrangement with a licensed dealer.

(Ord. No. 2017-02, 10-18-2017)

(A)

A contractor's office building shall be of permanent construction. Temporary construction trailers shall not be permitted to be occupied as the office of the contractor. Outdoor storage shall be strictly and clearly accessory to the contractor's principal office use of the property. Only products, materials and equipment owned and operated by the principal use shall be permitted for storage.

(B)

Storage shall not be located within the required front yard. Such storage shall not be located in any required parking or loading space.

(C)

Storage shall be screened from the view of public streets, and adjacent properties zoned either residential or commercial. Screening measures shall meet the requirements of subsection 151.122(D).

(D)

The location and size of areas for storage, nature of items to be stored therein, and details of the enclosure, including description of materials, height, and typical elevation of the enclosure shall be provided as part of the information submitted under Section 151.034, Site Plan Review.

(Ord. No. 2017-02, 10-18-2017)

Automobile repair facilities, service stations, and car washes shall be subject to the following standards:

(A)

Separation shall be made between the pedestrian sidewalk and vehicular parking and maneuvering areas with the use of curbs, wheel stops, greenbelts or traffic islands.

(B)

All activities related to vehicle washing, service and repair equipment shall be entirely enclosed within a building. There shall be no vehicle repairs or service conducted on the street, verge, or sidewalk.

(C)

Driveways shall be designed to accommodate the type and volume of vehicular traffic using the site and located in a manner which is compatible with uses located adjacent to and across from the site.

(D)

Inoperative, wrecked or unlicensed vehicles shall not be stored outside for more than 28 days. Such storage shall not occur in front of the building front line.

(E)

Vehicle sales shall not be permitted on the premises of any automobile repair facilities, service stations, or car washes.

(Ord. No. 2017-02, 10-18-2017; Ord. No. 2020-01, §§ 15, 16, 2-19-2020)

(A)

General standards.

(1)

An outdoor display shall be considered as an accessory to the principal business use conducted on the premises.

(2)

The exterior of the premises shall be kept clean, orderly and maintained.

(3)

The City shall not be held liable or responsible for any type of damage, theft or personal injury which may occur as a result of an outdoor display.

(4)

In the administration of these provisions, the Zoning Administrator shall be permitted to refer a request to the Planning Commission for review and recommendation where site conditions may create difficulty in adherence to the standards contained herein.

(B)

Standards within CBD Districts.

(1)

An outdoor display may be located in front of or adjacent to the establishment. An outdoor display that extends beyond the property lines of the applicant shall require the permission of the affected property owners.

(2)

If an outdoor display is located on a public sidewalk, a minimum of six feet of unobstructed, pedestrian access along the sidewalk shall be maintained. Sufficient room shall also be provided to allow car doors to open along the curbside.

(C)

Standards within C-1 and C-2 Districts.

(1)

An outdoor display may be located within any required yard but shall not be located within any public road right-of-way.

(2)

An outdoor display shall not occupy or obstruct the use of any fire lane, required off-street parking or landscaped area required to meet the requirements of this Zoning Ordinance.

(D)

Transient and seasonal sales.

(1)

Transient or seasonal sales may be located within any required yard but shall not be located within any public road right-of-way.

(2)

Transient or seasonal sales shall not occupy or obstruct the use of any fire lane, required off-street parking or landscaped area required to meet the requirements of this Zoning Ordinance.

(3)

Transient or seasonal sales not secure within a long term lease of one year or longer require a peddler's license issued by the City unless it is incidental to the primary business and operated by the principal of the property.

(Ord. No. 2017-02, 10-18-2017)

A sidewalk café service operated by a restaurant or other food establishment which sells food for immediate consumption may be permitted in the CBD, C-1, C-2 Districts, subject to the following conditions:

(A)

An application and site plan depicting the location and layout of the café facility shall be submitted to and approved by the Zoning Administrator. A permit shall remain in effect, unless there is a change of ownership or the operation of the café fails to meet the standards contained herein.

(B)

A sidewalk café may be located in front of or adjacent to the establishment. A sidewalk café that extends beyond the property lines of the applicant shall require the permission of the affected property owners.

(C)

If a sidewalk café is located on a public sidewalk, a minimum of six feet of unobstructed pedestrian access along the sidewalk shall be maintained. Such requests may be permitted in the Central Business District only, and shall adhere to the following:

(1)

Commercial General Liability Insurance must be procured and maintained on an "occurrence basis" with limits of liability not less than $1,000,000.00 per occurrence combined single limit, personal injury, bodily injury and property damage. This coverage shall include an endorsement naming the city, including all elected and appointed officials, as an additional insured. This coverage must be primary and any other insurance maintained by the additional insurer's shall be considered to be excess and non-contributing with this insurance, and shall include an endorsement providing for a 30 day advance written notice of cancellation or non-renewal to be sent to the Zoning Administrator.

(D)

A sidewalk café shall be allowed only during normal operating hours of the establishment, and may be permitted between April 15 and October 31. All furniture and fixtures must be removed immediately after October 31.

(E)

The exterior of the premises shall be kept clean, orderly and maintained or the permit may be revoked. Waste receptacles shall be provided in instances where wait staff does not clear all tables. In cases where outdoor dining areas are provided for general use by more than one business, such as for shopping plazas and multi-tenant businesses, it shall be the responsibility of the property owner to ensure the area is maintained in a clean and orderly fashion.

(F)

All food preparation shall be inside of the premises. Outdoor grilling must be authorized in the conditional use permit.

(G)

The City shall not be held liable or responsible for any type of damage, theft or personal injury which may occur as a result of a sidewalk café operation.

(H)

All sidewalk cafés shall comply with applicable regulations of the County Health Department and the State of Michigan.

(Ord. No. 2017-02, 10-18-2017)

(A)

Each premise must be occupied and operated by its owner.

(B)

The proposed use shall not cause a nuisance to adjoining residences due to noise, odor, lighting, or traffic.

(C)

No bed and breakfast sleeping room shall be permitted that does not comply with the construction code.

(D)

There shall be no separate cooking facilities used for the bed and breakfast stay.

(E)

The stay of bed and breakfast occupants shall be no more than 14 consecutive days and not more than 30 days in any one calendar year.

(F)

The operator of each facility shall keep a list of the names of all persons staying at the bed and breakfast which shall be available for inspection by the Zoning Administrator.

(G)

At a minimum, one bathroom for every three sleeping rooms shall be provided. A maximum of six sleeping rooms is allowed. All Bed and Breakfast establishments shall have a minimum of 3,000 square feet of living area.

(H)

One parking space shall be provided off-street in the side or rear yard area for each bed and breakfast bedroom.

(Ord. No. 2017-02, 10-18-2017)

(A)

Intent and purpose. It is the intent and purpose of this section to promote the underlying spirit and intent of the entire Zoning Ordinance, but at the same time allow for the extraction of minerals in locations where they have been naturally deposited, and to ensure that mineral mining activity shall be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land use, and, to ensure that mineral mining activities are consistent with the public health, safety and welfare of the City.

(B)

Use restriction. Mineral mining and extractive operations may be considered as a conditional use in the I and AG/OS District. The extraction, removal, and/or processing of sand, gravel, stone, and/or other mineral mining in the City shall be prohibited unless first authorized by the grant of a conditional approval use application by the City in accordance with this section, and Section 151.033.

(C)

Exemption. Usual and customary land balancing by cutting and filling, in preparation for immediately planned and approved development in accordance with this and all other applicable ordinances and law shall be exempted from the provisions of the Section.

(D)

Application. An application shall be filed with the Zoning Administrator and shall include the following:

(1)

Site plan prepared in accordance with Section 151.034;

(2)

Vertical aerial photograph, enlarged to a scale of one inch equals 200 feet, from original photograph flown at a negative scale no smaller than one inch equals 660 feet. The date of the aerial photograph shall be certified, and shall have been flown at such time as the foliage shall be off of on-site trees, provided, if there are changes in the topography from the date of the photograph, an accompanying text shall be provided explaining each change. The vertical photograph shall cover:

(a)

All land anticipated to be mined in the application, together with adjoining land owned by the applicant.

(b)

All contiguous land which is or has been used by the owner or leasehold applicant for mineral extraction and/or processing and/or storage, and all contiguous (land) in which the applicant or any affiliate has a current interest.

(c)

All lands within one-half mile of the proposed mining area.

(d)

All private and public roads from which access to the property may be immediately gained.

(e)

Boundary of the entire planned mining area by courses and distance.

(f)

Site topography and natural features including location of water courses within the planned mining area.

(g)

Means of vehicular access to the proposed operation.

(3)

Duration of proposed operation, and location, timing, and any other relevant details with respect to the phasing and progression of work on the site.

(4)

Land use study/drawing showing the existing land uses with specification of the type of use, e.g., single-family residential, multiple-family residential, retail, office, etc., and density of individual units in areas shown, including:

(a)

Property within a radius of one mile around the site; and

(b)

The property fronting on all vehicular routes within the City contemplated to be utilized by trucks which will enter and leave the site.

(5)

Geological/hydrological/engineering survey prepared by appropriate and qualified experts, indicating:

(a)

All anticipated impact to the qualitative and quantitative aspects of surface water, ground water, and drainage during and subsequent to the operation to the geographical extent reasonably expected to be affected; and

(b)

Opinion whether the exposure of subterranean waters and/or the impoundment of surface waters, where permitted, will establish a suitable water level at the level or levels proposed as part of the operation, and whether the same will not interfere with the existing subterranean water or cause any harm or impairment to the general public.

(6)

Description of the vehicles, machinery and equipment proposed for use on the property, specifying with respect to each, the anticipated noise and vibration levels.

(E)

Review procedure.

(1)

The Zoning Administrator shall forward the original of the application to the City Clerk for the file, and forward copies to the members of the Planning Commission, the City Engineer, the City Planner, and the Road Commission.

(2)

The City Engineer and the City Planner shall each file a report with the Zoning Administrator, together with a recommendation on the need for additional experts. The Zoning Administrator shall retain the original of these reports for the file, and forward copies to the Planning Commission.

(3)

The Zoning Administrator shall request a report from the County Road Commission regarding traffic safety relevant to the application and any road improvements deemed appropriate to protect the public health, safety and welfare for areas located outside of the City.

(4)

After receiving all reports, including any additional reports of experts recommended by the City Engineer and/or Planner, if deemed appropriate, the Planning Commission shall consider the application in accordance with the procedures set forth in Section 151.033.

(5)

Reasonable conditions may be required with the approval of the application for the conditional land use, to ensure that public services and facilities affected by proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall be reasonable and shall be in compliance with applicable law.

(F)

Requirements and standards. The determination on applications submitted under this section shall be based upon the following requirements and standards, as determined in the discretion of the Planning Commission, and if the application is approved, such standards and requirements shall be maintained as a condition to continued operation and use by the applicant:

(1)

Demonstration by the applicant that the proposed land use shall not result in a probable impairment to, pollution of, unreasonable impact upon and/or destruction of the following:

(a)

The water table and/or private wells of property owners within the reasonably anticipated area of impact during and subsequent to the operation.

(b)

The course, quantity, and quality of surface water, ground water, and/or the watershed anticipated to be impacted by the operation.

(c)

The surrounding property and/or property along haul routes, in terms of noise, dust, air, water, odor, light, and/or vibration, and further, shall not unreasonably impact upon persons perceiving the operation in terms of aesthetics.

(2)

The proposed land use shall not be incompatible with such surrounding uses, based upon an application of generally accepted planning standards and principles.

(3)

The proposed land use shall not unreasonably burden the capacity of public services and facilities.

(4)

The proposed land use shall have immediate and direct access to a paved road having a planned right-of-way not less than 120 feet and having necessary and appropriate load bearing and traffic volume capacity in relation to the proposed intensity of the use.

(5)

All activities conducted in connection with the operation shall occur at least 160 feet from the nearest property line, provided, all processing and stockpiling shall be conducted at least 200 feet from the nearest property line.

(6)

The hours of operation shall not reasonably interfere with usual and customary uses of land within the surrounding area anticipated to be impacted. Maximum hours of operation shall be from 7:00 a.m. to 6:00 p.m., Monday through Saturday, and closed on Sundays.

(7)

The maximum duration of the proposed use, if conducted in or immediately adjacent to a residential zoning district, shall be ten years.

(8)

The site shall be secured with fencing and screened from all adjacent public highways and residentially used parcels.

(9)

The total area being mined which has not been reclaimed shall at no time exceed 40 percent of the entire parcel.

(10)

The proposed transportation route or routes within the City shall be as direct and minimal in detrimental impact as reasonably possible, as determined in the discretion of the City at the time of application, and thereafter.

(G)

Reclamation. Reclamation of the site shall be in accordance with a reclamation plan approved by the City as part of the application review process, which shall provide that:

(1)

There shall be no final slopes having a grade in excess of a minimum ratio of one foot vertical to five feet horizontal;

(2)

For permanent water areas, for a distance of not less than ten feet no more than 50 feet, the submerged slopes shall be graded from the water's edge at a grade not in excess of a minimum ratio of one foot vertical to seven feet horizontal;

(3)

The entire site shall be planted with sufficient vegetation so as to sustain short and long term growth, in order to avoid erosion and washout;

(4)

To the extent necessary to achieve this objective, suitable soils shall be placed on the property; and, all structures, machinery, equipment and improvements shall be removed from the site;

(5)

The City Council shall have the right to impose performance bonds or letters of credit to ensure that the reclamation and restoration plans as submitted are implemented.

(Ord. No. 2017-02, 10-18-2017)

(A)

No permit shall be granted for the moving of buildings or structures from without or within the limits of the City to be placed on property within said limits unless the Building Official shall have made an inspection of the building to be moved and has found that it is structurally safe, will not adversely affect the character of existing buildings in the neighborhood of the new location, and will fully comply with the Building Code and other codes regulating public health, safety, and general welfare. A performance bond as established by the City Council of sufficient amount to ensure the cost of completing the building for occupancy within a period of not less than six months from date of permit shall be furnished before permit is issued.

(B)

Any building moved within a district and placed upon a foundation or any building moved into a district shall be subject to all the limitations and requirements herein set forth relating to uses, construction, permits, and certificates.

(Ord. No. 2017-02, 10-18-2017)

(A)

Purpose and intent. It is the general purpose and intent of the City to carry out the will of the United States Congress by authorizing communication facilities needed to operate wireless communication systems. However, it is the further purpose and intent of the City to provide for such authorization in a manner which will retain the integrity of neighborhoods and the character, property values and aesthetic quality of the community at large. In fashioning and administering the provisions of this section, an attempt will be made to balance these potentially competing interests.

Recognizing the number of providers authorized to establish and operate wireless communication services and coverage, it is the further purpose and intent of this section to:

(1)

Facilitate adequate and efficient provision of sites for wireless communication facilities and ensure that wireless communication facilities are situated in appropriate locations and relationships to other land uses, structures and buildings.

(2)

Establish predetermined districts or zones of the number, shape, and in the location, considered best for the establishment of wireless communication facilities, subject to applicable standards and conditions.

(3)

Recognize that operation of a wireless communication system may require the establishment of facilities in locations not within the predetermined districts or zones.

(4)

Minimize the negative visual impact of wireless communication facilities on neighborhoods, community land marks, historic sites and buildings, natural beauty areas and public rights-of-way.

(B)

Authorization.

(1)

The following Wireless Communication Facilities shall be deemed permitted uses in any nonresidential zoning district:

(a)

An existing structure which will serve as an Attached Wireless Communication Facility where the existing structure is not, in the discretion of the Zoning Administrator, proposed to be either materially altered or materially changed in appearance.

(b)

A proposed collocation upon an Attached Wireless Communication Facility which had been pre-approved for such collocation as part of an earlier approval by the City.

(c)

An existing structure which will serve as an Attached Wireless Communication Facility consisting of a utility pole located within a right-of-way, where the existing pole is not proposed to be modified in a manner which, in the discretion of the Zoning Administrator, would materially alter the structure and/or result in an impairment of sight lines or other safety interests.

(d)

Facilities located on municipally-owned property within the Industrial or AG/OS Districts.

(2)

If it is demonstrated by an applicant that a wireless communication facility is required to be established within a residential Zoning District, it may be permitted as a conditional land use, subject to the requirements and standards of Section 151.033 and the following:

(a)

At the time of the submittal, the applicant shall demonstrate that a location within a non-residential Zoning District cannot reasonably meet the coverage and/or capacity needs of the applicant.

(b)

Locations in residential Zoning Districts may be permitted on the following sites, subject to application of all other standards contained in this section:

1.

Municipally-owned sites.

2.

Public parks and other large permanent municipally owned open space areas when compatible.

3.

Wireless communication facilities shall be designed to resemble an appurtenance, such as but not limited to a steeple, bell tower, or a form which is compatible with the existing character of the proposed site, neighborhood and general area, as approved by the City.

(C)

General regulations.

(1)

Standards and conditions applicable to all facilities. All applications for wireless communication facilities shall be reviewed, constructed and maintained in accordance with the following standards and conditions. The City may impose additional conditions as deemed necessary to protect the general health, safety and welfare of the public.

(a)

Facilities shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare.

(b)

Facilities shall be located and designed to be harmonious with the surrounding areas.

(c)

Facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.

(d)

There shall be an unobstructed access drive to the support structure, for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. This access drive shall be a minimum of 14 feet in width.

(e)

The division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements and conditions are met.

(f)

A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure the long term, continuous maintenance to a reasonably prudent standard.

(g)

Fencing shall be required to enclose the support structure(s) and any accessory structures for protection of the support structure and security from children and other persons who may otherwise access the facilities.

(h)

Support Structures shall be designed according to the following:

1.

The maximum height of the new or modified support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant and by other entities to collocate on the structure. Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights.

2.

The setback of the support structure from any residential district shall be no less than the height of the structure. The setback of the support structure from any existing or proposed right-of-way or other publicly traveled roads shall be no less than the height of the structure.

3.

Where the property upon which a new or modified support structure is proposed abuts a nonresidential Zoning District, the minimum setback of the structure, and accessory structures, shall be in accordance with the required setbacks for principal buildings as provided in the schedule of regulations for the zoning district in which the support structure is located.

4.

The City shall, review and approve the color of the support structure and all accessory buildings, so as to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition.

5.

The support system shall be constructed in accordance with all applicable building codes and shall include the submission of a soils report from a geotechnical engineer, licensed in the State of Michigan. This soils report shall include soil borings and statements indicating the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communication Commission, and Michigan Aeronautics Commission shall be noted.

(i)

The equipment enclosure may be located within the principal building, attached to the roof of a building, or may be an accessory building, according to the following:

1.

The accessory building shall be limited to the maximum height for accessory structures within the respective district.

2.

Where an attached wireless communication facility is proposed on the roof of a building, it shall be screened by an equipment enclosure designed, constructed and maintained to be architecturally compatible with the principal building.

3.

If equipment is to be located within an accessory building, it shall conform to all district requirements for principal buildings, including yard setbacks.

(2)

Additional standards and conditions applicable to facilities subject to conditional land use approval. Applications for wireless communication facilities which may be approved as conditional land uses be constructed and maintained in accordance with the following standards:

(a)

The applicant shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of one or more of the following factors:

1.

Proximity to a major thoroughfare.

2.

Areas of population concentration.

3.

Concentration of commercial, industrial, and/or other business centers.

4.

Areas where signal interference has occurred due to tall buildings, masses of trees, or other obstructions.

5.

Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate.

6.

Other specifically identified reason creating facility need.

b.

The proposal shall be reviewed in conformity with the collocation requirements of this section.

(D)

Application requirements. The following information shall accompany the application for approval of all wireless communication facilities:

(1)

A site plan shall be prepared in accordance with Section 151.034.

(2)

A detailed landscaping plan illustrating screening and aesthetic enhancement for the structure base, accessory buildings and enclosure.

(3)

A signed certification by a State of Michigan licensed professional engineer with regard to the manner in which the proposed structure will fall, which certification will be utilized, along with other criteria such as applicable regulations for the district in question, in determining the appropriate setback to be required for the structure and other facilities.

(4)

A description of security to be posted at the time of receiving a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed, as provided in subsection 151.103(F), below. In this regard, the security shall, at the election of the applicant, be in the form of: (1) cash; (2) surety bond; (3) letter of credit; or, (4) an agreement in a form approved by the City Attorney and recordable at the office of the Register of Deeds, establishing a promise of the applicant and owner of the property to timely remove the facility as required under this section of the Ordinance, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorney's fees incurred by the City in securing removal.

(5)

A map showing existing and known proposed wireless communication facilities within the City, and further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the City and in the area, which are relevant in terms of potential collocation or in demonstrating the need for the proposed facility. If and to the extent the information in question is on file with the community, the applicant shall be required only to update as needed. Any proprietary information may be submitted with a request for confidentiality in connection with the development of governmental policy, in accordance with M.C.L.A. § 15.243(1)(g). This chapter shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the City.

(6)

The name, address and phone number of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated during all times and facility is on the premises.

(E)

Collocation.

(1)

Statement of policy. It is the policy of the City to minimize the overall number of newly established locations for wireless communication facilities and encourage the use of existing structures.

(2)

Feasibility of collocation. Collocation shall be deemed to be "feasible" for purposes of this section where all of the following are met:

(a)

The wireless communication provider entity under consideration for collocation will undertake to pay market rent or other market compensation for collocation.

(b)

The site on which collocation is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support.

(c)

The Collocation being considered is technologically reasonable, e.g., the collocation will not result in unreasonable interference, given appropriate physical and other adjustment in relation to the structure, antennas, and the like.

(d)

The height of the structure necessary for collocation will not be increased beyond a point deemed to be permissible by the City, taking into consideration the standards set forth in this section.

(3)

Requirements for collocation:

(a)

Approval for the construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that a feasible collocation is not available for the coverage area and capacity needs.

(b)

All new and modified wireless communication facilities shall be designed and constructed so as to accommodate collocation.

(c)

If a party who owns or otherwise controls a facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible collocation, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded or extended in any respect.

(F)

Removal.

(1)

The City reserves the right to request evidence of ongoing operation at any time after the construction of an approved tower.

(2)

A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of one or more of the following events:

a.

When the facility has not been used for 180 days or more. For purposes of this section, the removal of antennas or other equipment form the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse.

b.

Six months after new technology is available at reasonable cost as determined by the municipal legislative body, which permits the operation of the communication system without the requirement of the support structure.

(3)

The situations in which removal of a facility is required, as set forth in subsection (1), above, may be applied and limited to portions of a facility.

(4)

Upon the occurrence of one or more of the events requiring removal, specified in subsection (2), above, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the Zoning Administrator.

(5)

If the required removal of a facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days written notice, the City may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected from the security posted at the time application was made for establishing the facility.

(Ord. No. 2017-02, 10-18-2017)

(A)

Adult entertainment venues may be located in the Industrial District upon issuance of a conditional use permit.

(B)

Adult entertainment venues are regulated and must adhere to City Ordinance, State laws, and Federal laws.

(Ord. No. 2017-02, 10-18-2017)

(A)

The principal and accessory buildings, including maintenance sheds, shall be set back at least 75 feet from all property and street lines.

(B)

Accessory buildings, structures and storage areas shall be screened on all sides from adjacent residential areas and public street rights-of-way.

(C)

Operational hours for maintenance vehicles, course maintenance and/or irrigation may be restricted by the Planning Commission to protect nearby residential districts.

(Ord. No. 2017-02, 10-18-2017)

(A)

All traffic ingress and egress shall be from a major street, as classified by the PA51 street map.

(B)

Any lot line abutting a residential district shall provide a 50-foot wide, landscaped buffer zone A, as defined in Article III, General Provisions, and Section 151.242.

(C)

A minimum 25-foot wide greenbelt, as described in Article III, shall be provided along any public street or highway.

(D)

Site size shall be adequate to retain all golf balls within the site by means of a fence no more than eight feet high with an opacity of 50 percent.

(E)

The Planning Commission may restrict the hours of operation in consideration of the adjacent land uses and zoning.

(F)

Pro-shops, refreshments stands, retail shops selling golf-related items and maintenance buildings shall be permitted as part of the principal use and shall be subject to the dimensional requirements of principal buildings.

(Ord. No. 2017-02, 10-18-2017)

(A)

A site plan shall be provided clearly defining activity areas using fences, buildings, walkways or other suitable barriers.

(B)

All buildings, structures and parking shall be at least 300 feet from any dwelling unit excluding any dwelling unit on the site.

(C)

The Planning Commission may require placement of a temporary six-foot high fence around all or part of the site.

(D)

Access into the site shall be controlled, with capability to accommodate at least two lanes of ingress traffic. At least 200 feet of on-site stacking (queuing) area shall be provided on site before parking fee collection.

(E)

The amount of on-site parking shall be determined by the Planning Commission using a four to one ratio of capacity to automobile.

(F)

The Planning Commission may require posting of a performance bond or other form of financial guarantee. The bond shall be in an amount determined by the Planning Commission as necessary to cover any potential damage or clean-up on site or adjacent properties.

(G)

The Planning Commission may establish limits on hours of operation, time limits on validity of special use permit, or any other measures deemed necessary to minimize negative impacts on nearby uses and traffic operations along public streets.

(H)

Prior to issuance of a Conditional Use Permit, the applicant shall provide evidence of public liability insurance and property damage insurance to cover potential liability for death or injury to persons, or damage to property, which may result from the conduct of the activity.

(Ord. No. 2017-02, 10-18-2017)

(A)

No livestock, including but not limited to cows, calves, bulls, steers, horses, mules, burros, donkeys, goats, hogs, sheep, chickens, roosters, turkeys, guinea hens, ducks, geese or any wild game shall be maintained in any of the zone districts except for domestic farms and farm animals in Districts AG/OS and R-1A.

(B)

Domestic farm animals may be maintained provided there is a minimum lot area of five acres.

(C)

One must provide adequate fencing for maintaining animals in a restricted area, and proper control and disposal of refuse and wastes on the premises to minimize health hazards.

(D)

The feed and other materials for maintaining the animals must be stored appropriately so as not to attract vermin.

(E)

Housing for all animals shall be located no closer than 150 feet from any adjacent lot line.

(F)

Animal units shall not exceed one per acre of land directly devoted to the raising and keeping of the animals. For the purpose of this Chapter, the following equivalent animal units (AU) shall be used:

(Ord. No. 2017-02, 10-18-2017)

(A)

A marihuana establishment allowed in the industrial district, except that marihuana retailers and marihuana microbusinesses, shall be 300 feet from any district zoned residential.

(B)

A marihuana establishment must be licensed by the State of Michigan and the City of Iron River and must comply with all local and state laws including all applicable state and local rules and regulations, as well as all conditions of a special use permit.

(1)

Any uses or activities found by the State of Michigan or a court with jurisdiction to be illegal or unconstitutional are not permitted by the City of Iron River. If a court of jurisdiction declares a use to be illegal or unconstitutional, the City of Iron River may suspend the acceptance of applications for special use permits pending a resolution of the legal issue in question.

(2)

The City of Iron River may suspend or revoke a special use permit based on a finding that the provisions of the special use standards in this section, any other provision of an ordinance, or any term of the special use permit and approved site plan are not met.

(C)

A marihuana establishment, or associated licensed activities including but not limited to growing, processing, testing, transporting, or sales may not be permitted as a home business or accessory use, nor may not be permitted as a home business or accessory Use, nor may they include assessor uses except as otherwise provided in this chapter.

(D)

All marihuana establishments must comply with the City of Iron River Sign Ordinance. Additionally, all marihuana establishments shall:

(1)

Prominently display warning signs within the building stating:

(a)

"No individual under the age of twenty-one (21) years shall be permitted on this premises."

(b)

An accurate statement of federal law, such as:

"Possession, use, or distribution of marihuana is a violation of federal law."

(c)

"It is illegal under State law to operate a motor vehicle or machinery while impaired or under the influence of marihuana."

(d)

"No marihuana products shall be smoked, ingested or otherwise consumed on the premises."

(2)

No advertising material shall contain the word "marihuana," "marijuana," "cannabis" or other word, phrase, or symbol commonly understood to refer to marihuana or use any advertising that would appeal to minors.

(E)

All outdoor production of marihuana is prohibited. No marihuana or paraphernalia shall be displayed or kept such that it is visible from outside the premises.

(F)

Light cast by light fixtures inside any building used for marihuana production or marihuana processing shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. the following day.

(G)

Marihuana establishments shall be ventilated so that the odor of marihuana cannot be detected by a person with a normal sense of smell at the exterior of the business or at any adjoining use or property.

(H)

Two or more marihuana establishments may be located in the same building only if each marihuana establishment can independently satisfy all local and state requirements for operation.

(I)

A marihuana establishment must submit a comprehensive operation, safety and security plan indicating how it will comply with the requirements of this chapter and all other applicable laws and regulations, and shall contain at a minimum:

(1)

Installment of cameras to monitor and record all areas where persons may access marihuana or cash, with details of how the recordings will be backed up and preserved. Cameras shall record business operations and capture all ingress and egress with sufficient detail to identify facial features and clothing. Access must be provided to the City of Iron River Police upon request.

(2)

Use of locking devices, including safes, for storage of marihuana and cash on the premises while closed to the public.

(3)

Installment of an alarm system continuously monitored by a company, with contact information for that company.

(4)

A procedure to notify the City of Iron River Police of any changes in the security or alarm system on the premises.

(5)

For marihuana growers and marihuana processors, the methods used to prevent growth of harmful mold and limitations on discharge wastewater into the city's waste-water system.

(6)

A lighting plan showing the outside lighting for security purposes.

(7)

A plan for disposal of marihuana and marihuana infused products to prevent the ingestion by any person or animal.

(8)

A description of all toxic, flammable, or other hazardous materials regulated by federal, state or local authorities that will be used or kept at the premises, with the location on the premises and a description of the proposed use.

(9)

A statement of the projected daily average and peak electric loads anticipated to be used, with certification by a licensed electrician that the premises are equipped to safely accept the anticipated load.

(10)

Any proposed changes to the buildings with the proper local permits and approvals required for those changes.

(11)

A fire suppression plan, detailing the location and method of fire alarm and extinguishment, with at least a one-hour fire separation wall between any adjoining business or residence.

(12)

Any other information or requirements related to the operation safety and security of the establishment as determined by the planning commission.

(J)

Marihuana retailers and marihuana microbusinesses are subject to the additional following conditions:

(1)

The marihuana establishment shall only sell to customers and be open to the public between the hours of 8:00 a.m. and 9:00 p.m.

(2)

All activities of the marihuana establishment, including transfers of marihuana, shall be conducted within a structure at the licensed location and out of the public view.

(3)

The exterior appearance of all structures shall remain compatible with the exterior appearance of structures already constructed or under construction within the immediate area and shall be maintained so as to prevent blight or deterioration or substantial diminishment or impairment of property values within the immediate area.

(4)

The marihuana establishment shall not be located within 1,500 feet of any real property comprising or used by a public or private elementary, vocational, or secondary school.

Measurement shall be from the marihuana establishment's designated main public entrance door, along the shortest route to the centerline of the marihuana establishment's addressed road, then along the centerline of public roadways, utilizing the shortest centerline route to the main entrance of the location containing the protected use.

(K)

A marihuana establishment may be allowed only in the industrial district, except that marihuana retailers and marihuana microbusinesses may be allowed in the Central Business, Local Service Commercial and General Commercial District.

(L)

A marihuana establishment must be licensed by the State of Michigan and the City of Iron River, and must comply with all local and state laws including all applicable state and local rules and regulations, as well as all conditions of a special use permit.

(1)

Any uses or activities found by the State of Michigan or a court with jurisdiction to be illegal or unconstitutional are not permitted by the City of Iron River. If a court of jurisdiction declares a use to be illegal or unconstitutional, the City of Iron River may suspend the acceptance of applications for special use permits pending a resolution of the legal issue in question.

(2)

The City of Iron River may suspend or revoke a special use permit based on a finding that the provisions of the special use standards in this section, any other provision of an ordinance, or any term of the special use permit and approved site plan are not met.

(Ord. No. 2022-01, 3-16-2022)

Editor's note— Ord. No. 2021-02, adopted March 10, 2021, repealed former § 151.109, which pertained to prohibition of marihuana establishments and derived from 2019-02, adopted March 20, 2019.

Environmental standards are established in order to preserve the short and long-term environmental health, safety, and quality of the City. The standards in this Article are established as minimum requirements to be maintained to ensure no parcel, lot, building or structure in any district is used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises. Any use permitted by this chapter may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance standards. No use, otherwise allowed, shall be permitted within any district which does not conform to the following standards of use, occupancy, and operation.

(Ord. No. 2017-02, 10-18-2017)

(A)

Intent. The intent of this section is to:

(1)

Protect and preserve the appearance, character, and value of the community.

(2)

Minimize noise, air, and visual pollution.

(3)

Improve the overall aesthetics and appearance, divide the expanse of pavement, and define parking areas and vehicular circulation within off-street parking lots and other vehicular use areas.

(4)

Require buffering of residential areas from more intense land uses and public road rights-of-way.

(5)

Prevent soil erosion and soil depletion and promote sub-surface water retention.

(6)

Encourage an appropriate mixture of plant material, such as evergreen and deciduous trees and shrubs, to protect against insect and disease infestation and produce a more aesthetic and cohesive design.

(7)

Encourage the integration of existing woodlands in landscape plans.

(B)

Application of requirements. These requirements shall apply to all uses for which site plan review is required under Section 151.034 of this chapter and subdivision plat review as required under the Subdivision Control Ordinance.

(C)

Landscape plan requirements. A separate detailed landscape plan shall be required to be submitted to the City as part of the site plan review or tentative preliminary plat review. The landscape plan shall demonstrate that all requirements of this section are met and shall include, but not necessarily be limited to, the following items:

(1)

Location, spacing, size, root type and descriptions for each plant type.

(2)

Typical straight cross section including slope, height, and width of berms.

(3)

Typical construction details to resolve specific site conditions, such as landscape walls and tree wells used to preserve existing trees or maintain natural grades.

(4)

Details in either text or drawing form to ensure proper installation and establishment of proposed plant materials.

(5)

Identification of existing trees and vegetative cover to be preserved.

(6)

Identification of grass and other ground cover and method of planting.

(7)

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

(8)

Planting counts, identifying compliance with all required landscaping, must be provided.

(D)

Buffer zones.

(1)

A buffer shall be provided between the subject site and all adjacent properties, developed or undeveloped, in accordance with the Table set forth in subsection 151.122(D).

(2)

The buffers required in the Table set forth in subsection 151.122(D) shall adhere to the following minimum requirements. Additional landscaping may be required by the Planning Commission if deemed necessary to provide the desired screening.

(a)

Type A Buffers shall be a minimum 30 feet wide, along the property line with two trees and four shrubs per 20 linear feet, rounded upward, and may also include a wall, berm or combination of these elements as determined by the Planning Commission.

(b)

Type B Buffers shall be a minimum ten feet wide, along the property line with one tree and four shrubs per 20 linear feet, rounded upward.

(c)

Type C Buffers shall adhere to the standards for Type B Buffers, except that a reduced width and/or screening wall or fence may be allowed in lieu of some or all of the planting requirements when site conditions or surrounding zoning and uses so allow, as determined by the Planning Commission.

(3)

Screening walls and fences. Where required or allowed, screening walls or fences shall meet the standards of Section 151.123.

(E)

Parking lot landscaping.

(1)

Required landscaping within parking lots. Separate landscape areas shall be provided within parking lots in accordance with the following requirements:

(a)

Where landscape islands are required in subsection 151.195(C), there shall be a minimum of one tree for every eight parking spaces planted. Islands shall be required for each 16 continuous spaces. Where landscape islands are not required, the same ratio of trees shall be placed on the site, within ten feet of the parking lot perimeter.

(b)

Landscaped islands shall be curbed and shall not be less than 100 square feet in area.

(c)

A minimum distance of three feet from the backside of the curb and the proposed landscape plantings shall be provided. Where vehicles overhang a landscape island or strip, a minimum distance of five feet from the backside of the curb and the proposed landscape plantings shall be provided.

(d)

The City, at its discretion, may approve alternative landscape plantings at the perimeter of parking lots where landscaping within parking lots would be impractical due to the size of the parking lot or detrimental to safe and efficient traffic flow, or would create an unreasonable burden for maintenance and snowplowing.

(2)

Required landscaping at the perimeter of parking lots. Separate landscape areas shall be provided at the perimeter of parking lots in accordance with the following requirements:

(a)

Where required in the Table set forth in subsection 151.122(D), parking lots shall meet the buffer requirements set forth in subsection 151.122(D).

(b)

Parking lots shall be screened from view with a solid wall at least three feet in height along the perimeter of those sides which are visible from a public road. The City, at its discretion, may approve alternative landscape plantings in lieu of a wall.

(F)

Greenbelts. A greenbelt shall be provided which is an area equal to the depth of the required front yard setback within that zoning district and landscaped in accordance with the following requirements:

(1)

The greenbelt shall be landscaped with a minimum of one deciduous tree for every 30 lineal feet, or one ornamental tree for every 20 lineal feet, or fraction thereof, of frontage abutting a public road right-of-way. Such trees shall meet the minimum size and spacing requirements set forth in subsection 151.122(K).

(2)

In addition to the required trees within the greenbelt, the remainder of the greenbelt shall be landscaped in grass, ground cover, shrubs and other natural landscape materials. Ground cover shall not include gravel or stone which, in the opinion of the Planning Commission, can cause safety concerns and vehicle damage if located too close to a public roadway.

(G)

Site landscaping. In addition to any landscape greenbelt and/or parking lot landscaping required by this section, site area landscaping shall be provided to screen potentially objectionable site features such as, but not limited to, retention/detention ponds, transformer pads, air-conditioning units, and loading areas. Such site area landscaping may include a combination of the preservation of existing tree cover, planting of new trees and plant material, landscape plazas and gardens and building foundation planting beds.

(H)

Subdivision and site condominium landscaping. Landscaping for single-family residential subdivisions and site condominiums shall be provided in accordance with the following requirements:

(1)

Street trees. The frontage of all internal public or private streets shall be landscaped with a minimum of one tree for every 50 lineal feet, or fraction thereof. Such street trees shall meet the minimum size and spacing requirements set forth in subsection 151.122(K).

(2)

Buffers between land uses. Where required in the Table set forth in subsection 151.122(D) a subdivision or site condominium buffers shall be required as set forth in subsection 151.122(D).

(3)

Screening from public roads. Where a subdivision or site condominium abuts a public road right-of-way located outside of the proposed subdivision or site condominium, the screening requirements set forth in subsection 151.122(D) shall be met.

(4)

Other site improvements. A landscape plan for a subdivision or site condominium development shall also include landscaping details of the entrance to the development, storm water retention and/or detention areas, community buildings and other recreational areas, and any other site improvement which would be enhanced through the addition of landscaping.

(I)

Screening of trash containers.

(1)

Outside trash disposal containers two yards or greater in capacity shall be screened on all sides with an opaque fence or wall and gate at least as high as the container, but no less than six feet in height, and shall be constructed of material which is compatible with the architectural materials used in the site development.

(2)

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

(3)

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

(4)

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

(5)

Concrete pads of appropriate size and construction shall be provided for containers or groups of containers having a capacity of six 30-gallon cans or more. Aprons shall be provided for loading of bins with a capacity of one and one half cubic yards or more.

(6)

The enclosure area and pad size shall be increased to amply accommodate the storage of recyclable materials and their containers.

(7)

Screening and gates shall be of a durable construction.

(J)

Landscape elements. The following minimum standards shall apply:

(1)

Quality. Plant materials shall be of generally acceptable varieties and species, free from insects and diseases, hardy to Iron County, conform to the current minimum standard of the American Association of Nurserymen, and shall have proof of any required governmental regulations and/or inspections.

(2)

Composition. A mixture of plant material, such as evergreen deciduous trees and shrubs, is recommended as a protective measure against insect and disease infestation. A limited mixture of hardy species is recommended rather than a large quantity of different species to produce a more aesthetic, cohesive design and avoid a disorderly appearing arrangement.

(3)

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

(4)

Existing trees. The preservation and incorporation of existing trees is encouraged. Where existing trees are used to satisfy the requirements of this section, the following requirements shall apply:

(a)

Paving, or other site improvements, shall not encroach upon the drip line of the existing tree(s) to be preserved.

(b)

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

(c)

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

(5)

Installation, maintenance, and completion.

(a)

All landscaping required by this chapter shall be planted before obtaining a Certificate of Occupancy or the appropriate financial guarantee, as set forth in Section 151.037, shall be placed in escrow in the amount of the cost of landscaping to be released only after landscaping is completed.

(b)

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

(c)

The owner of property required to be landscaped by this chapter shall maintain such landscaping in a strong and healthy condition, free from refuse, debris and insects. All materials used to satisfy the requirements of the Ordinance which become unhealthy or dead shall be replaced within one year of damage or death or the next appropriate planting period, whichever comes first. All landscaped areas shall be provided with a readily available and acceptable water supply.

(K)

Minimum size and spacing requirements. Where landscaping is required the following schedule sets forth minimum size and spacing requirements; for representative landscape materials:

Size and Spacing Requirements

*For hedge plantings

(Ord. No. 2017-02, 10-18-2017; Ord. No. 2020-01, § 17, 2-19-2020)

Any person desiring to build or cause to be built a fence or upon property within the City of Iron River shall first apply to the Zoning Administrator for a permit. Application for such permit shall contain any and all information, including site plan, which are required and necessary for the determination of whether the erection of such fence would be contrary to the provisions of this chapter. The fee for such permit shall be set by Council resolution.

Except as otherwise required by this chapter, the following regulations shall apply:

(A)

In a residential district, fences shall not exceed six feet in height, as measured on the side of the proposed wall having the higher grade. However, fences are not permitted in front yards, and fences in side yards shall not exceed six feet in height, not to extend past the edge of the front of the house.

(1)

On a corner lot, the side yard fence that encompasses the rear of the house and the side furthest from the intersection shall follow the fence regulations for back yards.

(2)

The exterior or finished side, of a fence must face outward to the street property line.

(3)

All fences shall be maintained and in good repair. Violations require the removal of the fence.

(B)

In a commercial or industrial district, no fence, wall, or other screening structure shall exceed eight feet in height as measured on the side of the proposed wall having the higher grade. No fence is allowed in the front yard area or in the area fronting the primary building along the street.

(1)

On a corner lot, the side yard fence that encompasses the rear of the building and the side furthest from the intersection shall not enclose the area between the street and any corner the principal building facing the street using the corner of the principal building near the intersection as a parallel guide.

(2)

The exterior or finished side, of a fence must face outward to the property line.

(3)

All fences shall be maintained and in good repair. Violations require the removal of the fence.

(C)

The use of barbed wire, spikes, nails, or any other sharp point or instrument of any kind on top or on the sides of any fence is prohibited. Barbed wire cradles may be placed on top of fences enclosing public utility buildings or wherever deemed necessary in the interests of public safety.

(D)

No fence shall be constructed or maintained which is charged or connected with an electrical current.

(E)

Retaining walls shall be designed and constructed in accordance with applicable building code requirements.

(F)

Temporary construction fences and fences required for protection around excavations shall comply with the Basic Building Code. Such fences shall not remain in place for a period greater than a year or after an occupancy permit is granted.

(G)

Prior to the placement of a fence along a lot line, a survey must be conducted to determine the location of said fence.

(H)

Clear vision requirements.

(1)

No fence, wall, screen, hedge, sign, or other structure or planting shall obstruct visibility between the heights of 30 inches and ten feet above the sidewalk grade within the triangular area formed by the intersection of the street right-of-way lines and a line connecting two points which are located on those intersecting right-of-way lines 30 feet from the point of intersection. If the road is an access drive, these dimensions shall be measured from the pavement edge.

(2)

On any interior lot in a block, no fence, wall, screen, hedge, sign, or other structure or planting shall obstruct the visibility of a driveway, either on a parcel or on an adjacent parcel, between the height of 30 inches and ten feet measured a distance of 20 feet back from the point where the driveway intersects the street's edge.

(I)

Walls or fences shall be located on the lot line except where underground utilities interfere and except in instances where this Zoning Ordinance requires conformity with front yard setback requirements. Alternative locations may be approved by the Planning Commission if deemed necessary due to existing conditions or other site constraints. The City Zoning Administrator shall approve the construction materials of the wall or fence which may include face brick, poured-in-place simulated face brick, and pre-cast brick face panels having simulated face brick, stone, wood, or decorative vinyl fencing.

Fences in residential districts shall not be constructed of single strand wire and shall have at least 50 percent opacity.

(Ord. No. 2017-02, 10-18-2017)

(A)

Smoke and air contaminants. It shall be unlawful for any person, firm, or corporation to permit the emission of any smoke or air contaminant in violation of air quality standards adopted by Federal and/or state regulatory authorities.

(B)

Odors. Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public or which interferes unreasonably with the comfort of the public shall be removed, stopped, or so modified as to remove the odor. The provisions of this section are not intended to apply to farming activities.

(C)

Gases. The escape or emission of any gas which is injurious or destructive, harmful to person or property, or explosive shall be unlawful and shall be abated.

(Ord. No. 2017-02, 10-18-2017)

(A)

Noise which is objectionable as determined by the City due to volume, frequency, or beat shall be muffed, attenuated, or otherwise controlled, subject to the noise control provisions in the City Code of Ordinances.

(B)

In addition, objectionable sounds of an intermittent nature, or sounds characterized by high frequencies, even if falling below the decibel readings in the noise ordinance, shall be so controlled so as not to become a nuisance to adjacent uses. Sirens and related apparatus used solely for public purposes are exempt from this requirement. Noise resulting from temporary construction activity shall also be exempt from this requirement.

(C)

No use shall generate any ground transmitted vibration in excess of the limits set forth below. Vibration shall be measured at the nearest adjacent lot line. The vibration maximums set forth below are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following standards shall apply:

Particle Velocity, Inches-Per Second

(D)

Vibrations resulting from temporary construction activity shall be exempt from the requirements of this section.

(Ord. No. 2017-02, 10-18-2017)

(A)

It shall be unlawful for any person, firm, corporation or other legal entity to pollute, impair or destroy the air, water, soils or other natural resources within the City through the use, storage and handling of hazardous substances and/or wastes or the storage and disposal of solid, liquid, gaseous and/or sanitary wastes.

(B)

Any person, firm, corporation or other legal entity operating a business or conducting an activity which uses, stores or generates hazardous substances shall obtain the necessary permits or approval from the appropriate Federal, State or local authority having jurisdiction.

(C)

Any person, firm, corporation or other legal entity operating a business or conducting an activity which uses, stores or generates hazardous substances shall complete and file a Hazardous Chemicals Survey on a form supplied by the City in conjunction with the following:

(1)

Upon submission of a site plan.

(2)

Upon any change of use or occupancy of a structure or premise.

(3)

Upon any change of the manner in which such substances are handled, and/or in the event of a change in the type of substances to be handled.

(D)

All business and facilities which use, store, or generate hazardous substances in quantities greater than 100 kilograms per month (equal to or greater than 25 gallons or 220 pounds) shall comply with the following standards:

(1)

Above-ground storage and use areas for hazardous substances.

(a)

Secondary containment of hazardous substances and polluting materials shall be provided. Secondary containment shall be sufficiently impervious to contain the substance for the maximum anticipated period of time necessary for the recovery of any released substance.

(b)

Outdoor storage of hazardous substances and polluting materials shall be prohibited except in product-tight containers which are protected from weather, leakage, accidental damage and vandalism.

(c)

Secondary containment structures such as out buildings, storage rooms, sheds and pole barns shall not have floor drains.

(d)

Areas and facilities for loading/unloading of hazardous substances and polluting materials, as well as areas where such materials are handled and used shall be designed and constructed to prevent discharge or runoff.

(2)

Underground storage tanks. Existing and new underground storage tanks shall be registered, installed, operated, maintained, and removed in accordance with requirements of the appropriate Federal, State or local authority having jurisdiction.

(3)

Loading and unloading areas. Areas used for the loading and unloading of hazardous substances shall be designed and constructed to prevent the harmful release to the environment of hazardous materials which may be spilled or leaked.

(E)

All site plans for business or facilities which use, store or generate hazardous substances shall be reviewed by the Fire Department, City Engineer and any other appropriate experts determined necessary by the Planning Commission prior to approval by the Planning Commission.

(Ord. No. 2017-02, 10-18-2017)

No use shall create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance, or cause, create, or contribute to the interference with electronic signals (including television and radio broadcasting transmission) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

(Ord. No. 2017-02, 10-18-2017)

(A)

Light and glare from indirect sources.

(1)

Glare from any process (such as or similar to arc welding or acetylene torch cutting) which emits harmful ultraviolet rays shall be performed in such a manner as not to be seen from any point beyond the property line, and as not to create a public nuisance or hazard along lot lines.

(2)

The design and/or screening of the development shall ensure that glare from automobile and commercial or industrial vehicle headlights shall not be directed into any adjacent property, particularly residential property.

(3)

Exterior doors shall be located, operated, and maintained so as to prevent any glare and light from creating a nuisance or safety hazard to operators of motor vehicles, pedestrians, and neighboring land uses.

(B)

Exterior lighting from direct sources.

(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. This provision is not intended to apply to public street lighting.

(3)

The following additional standards shall apply:

(a)

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.

(b)

The light intensity provided as ground level shall be a minimum of 0.3 foot of candle power anywhere in the area to be illuminated. Light intensity shall average a minimum of 0.5 foot of candle over the entire area, measured five feet above the surface.

(c)

Except as noted below, lighting fixtures shall not exceed a total height of 25 feet. In portions of a site located within 100 feet of a residential area, lighting fixtures shall not exceed a total height of 20 feet.

(d)

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 purpose is not permitted. Temporary holiday lighting and decoration are exempt from the aforementioned provision.

(Ord. No. 2017-02, 10-18-2017)

Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire suppression equipment and such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.

(Ord. No. 2017-02, 10-18-2017)

Existing hazards or potential hazards and nuisances, such as construction sites, junk yards, landfills, sanitary landfills, demolition sites, unused basements, abandoned wells or cisterns and sand, gravel, and stone pits or piles are to be enclosed by suitable fencing or barriers so as not to endanger public health, safety and welfare.

(Ord. No. 2017-02, 10-18-2017)

(A)

Storm water management. All developments and earth changes subject to review under the requirements of this chapter shall be designed, constructed, and maintained to prevent flooding and protect water quality. The particular facilities and measures required on-site shall reflect the natural features, wetlands, and watercourses on the site; the potential for on-site and off-site flooding, water pollution, and erosion; and the size of the site.

Storm water management shall comply with the following standards:

(1)

The design of storm sewers, detention facilities, and other storm water management facilities shall comply with the standards for green site technology.

(2)

Storm water management conveyance, storage and infiltration measures and facilities shall be designed to prevent flood hazards and water pollution related to storm water runoff and soil erosion from the proposed development.

(3)

The use of swales and vegetated buffer strips is encouraged in cases where the Planning Commission deems to be safe and otherwise appropriate as a method of storm water conveyance so as to decrease runoff velocity, allow for natural infiltration, allow suspended sediment particles to settle, and to remove pollutants.

(4)

Alterations to natural drainage patterns shall not create flooding or water pollution for adjacent or downstream property owners.

(5)

Discharge of runoff from any site which may contain oil, grease, toxic chemicals, or other polluting materials is prohibited. If a property owner desires to propose measures to reduce and trap pollutants, the owner must meet the requirements of the Michigan Department of Environmental Quality. Based upon professionally accepted principles, such a proposal shall be submitted and reviewed by the City Engineer, with consultation of appropriate experts.

(6)

Drainage systems shall be designed to protect public health and safety and to be visually attractive, taking into consideration viable alternatives.

(B)

On-site storm water detention. For the purpose of controlling drainage to off-site properties and drainage ways, all properties which are developed under this Zoning Ordinance, whether new or improved shall provide for on-site detention storage of storm water in accordance with the current Michigan Department of Environmental Quality standards.

(Ord. No. 2017-02, 10-18-2017)

(A)

Purpose.

(1)

The floodplains of the City are subject to periodic inundation of floodwaters which result in loss of property, health, and safety hazards, disruption of commerce and governmental service, and impairment of tax base.

(2)

It is the purpose of this section to comply with the provisions and requirements of the Federal Insurance and Mitigation Administration, as constituted in accordance with the National Flood Insurance Act of 1968, and subsequent enactments and rules and regulations promulgated in furtherance of this program by the Federal Emergency Management Agency (FEMA), as published in the Federal Register, Vol. 41, No. 207, October 26, 1976, and re-designated at 44FR 31177, May 31, 1979.

(3)

The provisions of this section are intended to:

(a)

Help protect human life, prevent or minimize material losses, and reduce the cost to the public for rescue and relief efforts;

(b)

Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause excessive increases in flood heights or velocities;

(c)

Require that uses vulnerable to floods, including public facilities which serve such uses, shall be protected against flood damage at the time of initial construction;

(d)

Protect individuals from buying lands which are designated to be unsuited for intended purposes because of flooding;

(e)

Permit reasonable economic use of property located within a designated floodplain area.

(B)

Delineation of floodplain areas.

(1)

Designated floodplain areas shall overlay existing zoning districts delineated on the Zoning District Map of the City. The boundaries of the floodplain areas are identified in the report entitled, the Flood Insurance Study, City of Iron River, prepared by FEMA with an effective date of June 15, 1982, as may be revised from time to time. The study and accompanying maps are adopted by reference, appended, and declared to be part of this chapter.

(2)

The standard applied to establishing the floodplain area is the base floodplain delineated by the base flood. In areas associated with ravine flooding, a floodway is designated within the floodplain area.

(3)

Where there are disputes as to the location of a floodplain area boundary, the Zoning Board of Appeals shall resolve the dispute in accordance with Article XII.

(C)

Application of regulations.

(1)

In addition to other requirements of this chapter applicable to development in the underlying zoning district, compliance with the requirements of this section shall be necessary for all development occurring within designated floodplain areas. Conflicts between the requirements of this section and other requirements of this chapter or any other ordinance shall be resolved in favor of this section, except where the conflicting requirement is more stringent and would further the objectives of this section. In such cases, the more stringent requirement shall be applied.

(2)

Upon application for land use permits, the Zoning Administrator shall determine whether said use is located within a designated floodplain area utilizing the documents cited in subsection 151.132(B). The issuance of a land use permit within the floodplain area shall comply with the following standards:

(a)

The requirements of this section shall be met;

(b)

The requirement of the underlying districts and all other applicable provisions of this chapter shall be met; and

(c)

All necessary development permits shall have been issued by appropriate Local, State, and Federal authorities, including a floodplain permit, approval, or letter of authority from the Michigan Department of Environment, Great Lakes, and Energy under authority of Act 245, Public Acts of 1929, as amended by Act 167, Public Acts of 1968. Where a development permit cannot be issued prior to the issuance of a zoning compliance permit, a letter from the issuing agency indicating intent to issue contingent only upon proof of zoning compliance shall be acceptable.

(3)

Floodplain management administrative duties.

(a)

With regard to the Federal Insurance and Mitigation Administration, and the regulation of development within the flood hazard area zone as prescribed in subsection 151.132(D), the duties of the Zoning Administrator shall include, but are not limited to:

1.

Notification to adjacent communities and the Michigan Department of Environment, Great Lakes and Energy of the proposed alteration or relocation of any watercourse, and the submission of such notifications to the Federal Insurance Administration;

2.

Verification and recording of the actual elevation in relation to mean sea level of the lowest floor, including basement, of all new or substantially improved structures constructed within the flood hazard area, and in the case of flood proofed structures, the elevation to which the structure was flood proofed; and

3.

Recording of all certificates of flood proofing, and written notification to all applicants to whom variances are granted in flood hazard area zone indicating the terms of the variance. A record of all variance notifications and variance actions shall be maintained together with the justification for each variance.

(b)

All records and maps pertaining to the Federal Insurance and Mitigation Administration shall be maintained in the office of the Zoning Administrator and shall be open for public inspection.

(c)

It shall be the responsibility of the Zoning Administrator to obtain and utilize the best available flood hazard data for purposes of administering the Ordinance in the absence of data from FEMA.

(D)

Floodplain standard and requirements.

(1)

The following general standards and requirements shall be applied to all uses proposed to be located within the floodplain area:

(a)

All new construction and substantial improvements within a floodplain, including the placement of prefabricated buildings and mobile homes, shall;

1.

Be designed and anchored to prevent flotation, collapse, or lateral movement of the structure;

2.

Be constructed with materials and utility equipment resistant of flood damage;

3.

Be constructed by methods and practices that minimize flood damage.

(b)

All new and replacement water supply systems shall minimize or eliminate infiltration of flood waters into the systems.

(c)

All new and replacement sanitary sewage systems shall minimize or eliminate infiltration of flood waters into the systems and discharges from systems into flood waters.

(d)

All public utilities and facilities shall be designed, constructed, and located to minimize or eliminate flood damage.

(e)

Adequate drainage shall be provided to reduce exposure to flood hazards.

(f)

The City Engineer or his representative shall review development proposals to determine compliance with the standards in this section, and shall transmit his determination to the Zoning Administrator.

(g)

Land shall not be divided in a manner creating parcels or lots which cannot be used in conformance with the requirements of this article.

(h)

The flood carrying capacity of any altered or relocated watercourse not subject to state and Federal regulations designed to ensure flood carrying capacity shall be maintained.

(i)

Available flood hazard data from Federal, state, or other sources, shall be reasonably utilized in meeting the standards of this section. Date furnished by FEMA shall take precedence over data from other sources.

(2)

The following specific standards shall be applied to all uses proposed to be located within the floodplain area but not within the floodway portion of the floodplain area.

(a)

All new construction and substantial improvements of non-residential structures shall have either;

1.

The lowest floor, including basement, elevated at least one-tenth (0.1) foot above the base flood level;

2.

Be constructed such that below base flood level, together with attendant utility and sanitary facilities, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subparagraph are satisfied, and that the flood depths, pressures, velocities, impact and uplift forces and other factors associated with base flood in the location of the structure.

(3)

Mobile home standards. The following general standards and requirements shall be applied to mobile homes located within flood plain areas:

(a)

Anchoring must meet HUD specifications, per rule 605.

(b)

An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the City and Iron County Sheriff Department for mobile home parks and mobile home subdivisions.

(c)

Mobile homes within zones A1-30 on the Flood Insurance Rate Map shall be located in accord with the following standards:

1.

All mobile homes shall be placed on stands or lots which are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level.

2.

Adequate surface drainage away from all structures and access for a mobile home hauler shall be provided.

3.

In the instance of elevation on pilings, lots shall be large enough to permit steps, piling foundations shall be placed in stable soil no more than ten feet apart; and reinforcement shall be provided for piers more than six feet above ground level.

4.

In mobile home parks and mobile home subdivisions which exist at the time this subsection is adopted, where repair, reconstruction or improvement of streets, utilities, and pads equals or exceeds 50 percent of the value of the streets, utilities, and pads before the repair, the standards in the subparagraphs above shall be complied with.

(4)

The following standards shall be applied to all uses proposed to be located within the floodway portion of the floodplain area.

(a)

Encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited. Exception to this prohibition shall only be made upon certification by a registered professional engineer or the Michigan Department of Environment, Great Lakes and Energy that the development proposed will not result in any increases in flood levels during a base flood discharge, and compliance with Act 245, Public Acts of 1929, as amended by Act 167, Public Acts of 1968.

(b)

The placement of mobile homes shall be prohibited.

(c)

The uses of land permitted in an underlying zoning district shall not be construed as being permitted within the regulatory floodway, except upon compliance with the provisions of this section.

(E)

Warning and disclaimer of liability.

(1)

The degree of flood protection required by provisions of this section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions.

(2)

These provisions do not imply that areas outside the floodplain or land uses permitted within such districts will be free from flooding or flood damages nor shall the City or any officer or employee thereof is liable for any flood damages that result from reliance on the provisions of this section or any administrative decision lawfully made there under.

(Ord. No. 2017-02, 10-18-2017; Ord. No. 2020-01, § 18, 2-19-2020)

(A)

Any building requiring yard space shall be located at such an elevation that a finished grade shall be maintained to cause the flow of surface water to run away from the walls of the building. All grades shall be established and maintained so that surface water run-off damage does not occur to adjoining properties prior to, during, and after construction.

(B)

When a new building is constructed on a vacant lot between two existing buildings or adjacent to an existing building, the Building Official shall use the existing established finished grade or the minimum established grade, in determining the proper grade around the new building. The yard around the new building shall be graded in such a manner as to meet existing codes and to preclude normal run-off of surface water to flow onto the adjacent property.

(C)

Final grades shall be approved by the Building Official who may require a grading plan which has been duly completed and certified by a registered engineer or land surveyor.

(Ord. No. 2017-02, 10-18-2017)

(A)

A 50-foot greenway shall exist along all rivers and waterways.

(B)

No commercial or industrial buildings or uses shall occur within 100 feet of all rivers and waterways without a conditional use permit.

(C)

No fences shall be placed in the 50 feet greenway area.

(D)

Any building or use within the area between the rivers or waterways and the normal high water mark must adhere to Section 151.132.

(Ord. No. 2017-02, 10-18-2017)

Planned Unit Development (PUD) district regulations are intended to provide for various types of land uses planned in a manner which shall; encourage the use of land in accordance with its character and adaptability; conserve natural resources and energy; encourage innovation in land use planning; provide enhanced housing, employment, shopping, traffic circulation and recreational opportunities for the people of the City; and bring about a greater compatibility of design and use. The provisions of this article provide enabling authority and standards for the submission, review and approval of applications for planned unit developments.

(Ord. No. 2017-02, 10-18-2017)

(A)

A PUD may be applied for in any zoning district. The approval of PUD application shall require a rezoning by way of amendment of this chapter upon the recommendation of the Planning Commission and approval of the City Council.

(B)

Any land use authorized in the Ordinance may be included in a PUD, subject to adequate public health, safety and welfare protection mechanisms being designed into the development to ensure the compatibility of varied land uses both within and outside the development.

(C)

To quality for approval, the applicant for a PUD must demonstrate all of the following criteria are met:

(1)

The development will result in one of the following:

(a)

A recognizable and material benefit to the ultimate users of the project and to the community, where such benefit would otherwise be unfeasible or unlikely to be achieved under conventional zoning without application of the PUD regulations; or

(b)

Long-term protection and preservation of natural resources and natural features of a significant quantity and/or quality, where such benefit would otherwise be unfeasible or unlikely to be achieved without application of the PUD regulations; or

(c)

A non-conforming use shall, to a material extent, be rendered more conforming, or less offensive, to the zoning district in which it is situated.

(2)

The proposed type and density of use shall not result in an unreasonable increase in the need for or burden upon public services, facilities, streets and utilities.

(3)

The proposed development shall be consistent with the public health, safety and welfare of the City.

(4)

The proposed development shall be consistent with adjacent circulation patterns, includes the provision for appropriate stub streets to accommodate the extension of the traditional street patterns that could be developed on adjacent parcels, and shall not result in excessive increases in traffic or negatively impact traffic operations below an acceptable level.

(5)

The proposed development shall not result in an unreasonable negative environmental impact on the subject site or surrounding land.

(6)

The proposed development shall not result in an unreasonable negative economic impact upon surrounding properties.

(7)

The proposed development shall be under single ownership and/or control such that there is a single person having responsibility for completing the project in conformity with this chapter.

(8)

The proposed development shall be consistent with the City of Iron River Master Plan.

(Ord. No. 2017-02, 10-18-2017)

(A)

Pre-application conference. Prior to the submission of an application for PUD approval, the applicant shall meet with the Zoning Administrator, together with any staff and consultants the Administrator deems appropriate. The applicant shall present at such conference, or conferences, at least a sketch plan of the proposed PUD, as well as the following information:

(1)

Total number of acres in the project;

(2)

A statement of the number of residential units, if any;

(3)

The number and type of non-residential uses;

(4)

The number of acres to be occupied by each type of use;

(5)

The known deviations from Ordinance regulations to be sought;

(6)

The number of acres to be preserved as open or recreational space; and,

(7)

All known natural resources and natural features to be preserved.

(B)

Preliminary plan. Following the Pre-application Conference, the applicant shall submit a preliminary site plan of the proposed PUD. The preliminary site plan shall be prepared in accordance with subsection 151.034(B) A narrative report shall accompany the site plan providing a description of the project, discussing the market concept and feasibility of the project, and explaining the manner in which the criteria set forth in subsection 151.152(C)(1) have been met.

(1)

Planning commission action. The Preliminary Plan shall be noticed for public hearing as a zoning amendment before the Planning Commission. Following the hearing, the Planning Commission shall review the preliminary site plan and shall take one of the following actions:

(a)

Approval. Upon finding that the Preliminary Plan promotes the intent and purpose of this article and meets the criteria and standards set forth in Section 151.152, the Planning Commission shall grant preliminary approval.

1.

Approval shall constitute approval of the uses and design concept as shown on the Preliminary Plan and shall confer upon the applicant the right to proceed to preparation of the Final Plan.

2.

Approval of the Preliminary Plan by the Planning Commission shall not constitute rezoning of the property to PUD nor bind the City Council to approval of the Final Plan.

3.

In granting Preliminary Plan approval, the Planning Commission may impose reasonable conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner.

4.

Preliminary Plan approval shall be valid for a period of six months from the date of Planning Commission action. An extension of the expiration date may be granted if requested in writing and approved by the Planning Commission.

(b)

Tabling. Upon finding that the Preliminary Plan does not promote the intent and purpose of this article or meet the criteria and standards set forth in Section 151.152, but could meet such criteria if revised, the Planning Commission may table action until a revised Preliminary Plan is resubmitted.

(c)

Denial. Upon finding that the Preliminary Plan does not promote the intent and purpose of this article or meet the criteria and standards set forth in Section 151.152, the Planning Commission shall deny preliminary approval.

(C)

Final plan. The applicant shall submit a Final Plan and supporting materials conforming with this section prior to expiration of the Preliminary Plan. If a Final Plan is not submitted by the applicant for final approval prior to expiration of the Preliminary Plan, said preliminary approval shall become null and void.

(1)

Information required. A final site plan and application for a PUD shall contain the following information:

(a)

A site plan meeting all requirements of subsection 151.034(C), Final Site Plan.

(b)

A separately delineated specification of all deviations from this chapter which would otherwise be applicable to the uses and development proposed in the absence of this PUD Article.

(c)

A specific schedule of the intended development and construction details, including phasing or timing.

(d)

A specific schedule of the general improvement to constitute a part of the development, including, without limitation, lighting, signage, the mechanisms designed to reduce noise, utilities and visual screening features.

(e)

A specification of the exterior building materials with respect to the structures proposed in the project.

(f)

Signatures of all parties having an interest in the property.

(2)

Planning commission and action. The Final Plan shall constitute an application to amend this chapter, and shall be noticed for public hearing as a zoning amendment before the Planning Commission, and otherwise acted upon by the Planning Commission and the City Council, as provided by law.

(a)

Approval. Upon finding that the Final Plan promotes the intent and purpose of this article and meets the criteria and standards set forth in Section 151.151 and 151.152, the Planning Commission shall recommend approval to the City Council. As part of its recommendation to City Council, the Planning Commission may recommend reasonable conditions necessary to ensure that public services and facilities will be capable of accommodating increased service and facility loads to protect the natural environment to ensure compatibility and to promote the use of land in a socially and economically desirable manner.

(b)

Tabling. Upon finding that the Final Plan does not promote the intent and purpose of this Article or meet the criteria and standards set forth in Section 151.152, but could meet such criteria if revised, the planning Commission may take no action until a revised Final Plan is submitted.

(c)

Denial. Upon finding that the Final Plan does not promote the intent and purpose of this article or meet the criteria and standards set forth in Section 151.152, the Planning Commission shall recommend denial to the City Council.

The Planning Commission shall, to the extent it deems appropriate, submit detailed recommendations relative to the PUD project including, without limitation, recommendations with respect to matters on which the City Council must exercise discretion.

(3)

City Council action. Upon receiving a recommendation from the Planning Commission, the City Council shall review the Final Plan. Taking into consideration the recommendations of the Planning Commission, the intent and purpose of this Article and the criteria and standards set forth in Section 151.152, the City Council shall approve, table or deny the Final Plan.

(a)

Prior to approval of a Final Plan, the City Council shall require all standards and conditions of approval to be incorporated in a Development Agreement. The Agreement shall be prepared by the City Attorney, approved by the City Council and signed by both the City and the Applicant.

(b)

In granting approval, the City Council may impose reasonable conditions on the PUD, which shall meet the following conditions:

1.

Be designed to protect natural resources, the health, safety and welfare, as well as the social and economic well-being, of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

2.

Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.

3.

Be necessary to meet the intent and purpose of the zoning requirements, be related to the standards established in the Zoning Ordinance for the land use or activity under consideration and be necessary to ensure compliance with those standards.

4.

The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and remain unchanged except upon the mutual consent of the approving authority and the landowner. The approving authority shall maintain a record of conditions which are changed.

(Ord. No. 2017-02, 10-18-2017; Ord. No. 2020-01, § 19, 2-19-2020)

(A)

Residential design standards.

(1)

Permitted residential density shall be as permitted in the zoning district in which the property is situated immediately prior to classification under this Article.

Additional density for residential uses may be allowed in the discretion of the City Council upon the recommendation of the Planning Commission and based upon a demonstration by the applicant of the following:

(a)

Consistency with the Iron River Master Plan and of planning and design excellence resulting in a material benefit to the City;

(b)

Consistency with adjacent land uses and/or the ultimate users of the project; and

(c)

Where such benefit would otherwise be unlikely to be achieved without the application of the PUD regulations, including, without limitation, innovative design producing significant energy efficiency, pedestrian or vehicular safety, long-term aesthetic beauty and protection and preservation of natural resources and features.

(2)

Residential street layout patterns shall be consistent with the traditional street patterns as established in the City in order to meet the intent of this chapter as outlined in Section 150.02 of this chapter.

(B)

Non-residential design standards.

(1)

Non-residential uses may be permitted under the following:

(a)

Non-residential uses are permitted in the underlying zoning district;

(b)

The non-residential uses are provided for the primary use and convenience of future residents and will not detract from the surrounding areas.

(2)

The non-residential uses, including parking and vehicular traffic ways, shall be separated and buffered from residential units in a manner consistent with good land and community planning principles.

(3)

Where feasible, secondary access for non-residential uses shall be provided either through a side street, public easement, service drive or shared access with other adjacent non-residential uses.

(C)

General design standards.

(1)

All regulations applicable to setbacks, parking and loading, general provisions and other requirements shall be met in relation in each respective land use in the development based upon zoning districts in which the use is listed as a Principal Permitted Use. In all cases, the strictest provisions shall apply.

Deviations to the above referenced regulations may be granted as part of the overall approval of the PUD, provided there are features or elements demonstrated by the applicant and deemed adequate by the City Council upon the recommendation of the Planning Commission designed into the project plan for the purpose of achieving the objectives of this Article.

(2)

To the maximum extent feasible, the development shall be designed so as to preserve the natural resources and natural features. The benefit which would reasonably be expected to accrue from the proposal shall be balanced against the reasonably foreseeable detriments of the activity, taking into consideration the local, state and national concern for the projection and preservation of the natural resources or features and the following criteria:

(a)

The availability of feasible and prudent alternative methods of accomplishing any development.

(b)

The extent and permanence of the beneficial or detrimental effects of the proposed activity.

(c)

The size, quality and rarity of the natural resources or natural features which would be impaired or destroyed.

(3)

There shall be a perimeter setback and berming, as found to be necessary by the City, for the purpose of buffering the development in relation to surrounding properties. If the PUD project includes non-residential uses adjacent to a district authorizing residential uses, and/or if the project is larger than one acre area, such perimeter setback shall be established with a dimension from the property line of up to 100 feet in the discretion of the City Council, taking into consideration the use or uses in and adjacent to the development. The setback distance need not be uniform at all points on the perimeter of the development.

(4)

Thoroughfare, drainage and utility design shall meet or exceed the standards otherwise applicable in connection with each of the respective types of uses served.

(5)

There shall be underground installation of utilities, including electricity and telephone, as found necessary by the City.

(6)

Pedestrian walkways shall be separated from vehicular circulation, as found necessary by the City.

(7)

Signage, lighting, landscaping, building materials for the exterior of all structure and other features of the project shall be designed and completed with the objective of achieving an integrated and controlled development, consistent with the character of the community, surrounding development or developments and natural features of the area.

(8)

Where non-residential uses adjoin off-site residentially zoned property, noise reduction and visual screening mechanisms such as earthen and/or landscape berms and/or decorative walls shall be employed. The City, in its discretion, shall review and approve the design and location of such mechanisms.

(9)

The City Council, upon the recommendation of the Planning Commission, shall resolve all ambiguities as to applicable regulations using the Zoning Ordinance, General Development Plan and other City standards or policies as a guide.

(Ord. No. 2017-02, 10-18-2017)

(A)

Phasing. Where a project is proposed for construction in phases, the planning and designing shall be such that, upon completion, each phase shall be capable of standing on its own in terms of the presence of services, facilities and open space, and shall contain the necessary components to ensure protection of natural resources and the health, safety and welfare of the users of the PUD and the residents of the of the surrounding area. In addition, in developments which include residential and non-residential uses, the relative mix of uses and the scheduled completion of construction for each phase shall be disclosed and determined to be reasonable in the discretion of the City Council from the Planning Commission.

(B)

Commencement and completion of construction. To ensure completion of required improvements, the City is authorized to impose performance guarantees in accordance with Section 151.037. Construction shall be commenced within one year following final approval of a PUD development and shall proceed substantially in conformance with the schedule set forth by the applicant, as required by subsection 151.152(C). If construction is not commenced within such time, any approval of a site plan on the project shall expire and be null and void, provided, an extension for a specified period may be granted by the City Council upon good cause shown if such request is made to the City Council prior to the expiration of the initial period. Moreover, in the event a site plan has expired, the City Council, based on a recommendation from the Planning Commission, shall be authorized to rezone the property in any reasonable manner, and, if the property remains classified as PUD, a new application shall be required and shall be reviewed in light of the existing and applicable law and ordinance provisions.

(Ord. No. 2017-02, 10-18-2017)

When approved, the PUD amendment, with all conditions imposed, if any, shall constitute the land use authorization for the property, and all improvement and use shall be in conformity with such amendment. Notice of adoption of the final PUD plan and conditions shall be recorded by the applicant at the Iron County Register of Deeds, evidence of which shall be supplied to the Zoning Administrator. Notice of adoption of the amendment to the zoning map shall be published in a newspaper of general circulation as required in the Michigan Zoning Enabling Act.

(Ord. No. 2017-02, 10-18-2017)

The intent of this chapter is to regulate the location, size, construction and manner of display signs and outdoor advertising in order to minimize their harmful effects on the public health, safety and welfare. While this chapter recognizes that signs and outdoor advertising are necessary to promote commerce and public information, failure to regulate them may lead to poor identification of individual businesses, deterioration and blight of the business and residential areas of the City, conflicts between different types of land use, and reduction in traffic safety to pedestrians and motorists.

To achieve its intended purpose, this chapter has the following objectives:

(A)

To prevent the placement of signs in a manner that will conceal or obscure signs of adjacent businesses;

(B)

To keep the number of signs and sign messages at the level reasonably necessary to identify a business and its products;

(C)

To keep signs within a reasonable scale with respect to the buildings they identify;

(D)

To reduce visual distraction and obstructions to motorists traveling along, entering or leaving streets;

(E)

To promote a quality manner of display, which enhances the character of the City;

(F)

To prevent the proliferation of temporary signs, which might promote visual blight.

(G)

To eliminate the potential for any adverse effects on the neighboring properties.

(H)

To prevent signs that is potentially dangerous to the public due to structural deficiencies or disrepair.

(Ord. No. 2017-02, 10-18-2017)

(A)

Location. All signs must advertise a business or service on the premises upon which the sign is located and to which the sign is an accessory, unless otherwise specified herein.

A sign advertising or promoting activity not located on that property may be authorized as a conditional use. The Planning Commission shall consider sign density, sign size, impact on motorist visibility, location of sign and public service information before granting the use.

(B)

Illumination.

(1)

No sign shall be illuminated by other than electrical means. The use of exposed neon light bulbs, light pans or exposed light bulbs are prohibited.

(2)

The light from illuminated signs shall be directed and shielded in a manner that will not interfere with the vehicular traffic or the enjoyment and use of adjacent properties.

(3)

Internal illumination shall be permitted under the following circumstances:

(a)

Individual back-lit letters which are silhouetted against softly illuminated walls.

(b)

Individual letters with translucent faces, containing soft lighting elements inside each letter.

(c)

Metal-faced box signs with cut-out letters and soft-glow fluorescent tubes.

(4)

Only indirect illuminated signs shall be allowed in any residential district.

(5)

Internally-illuminated plastic signs with dark-colored detachable letters shall be strictly prohibited in all districts, except as otherwise permitted.

(6)

Gas-filled light types (fluorescent) shall be allowed for indirect illumination and when placed in such a manner that the tubes are not exposed to view from any point along the roadway or sidewalk.

(C)

Safety.

(1)

All signs shall be erected and maintained in compliance with all applicable building codes, and other applicable ordinances governing construction within the City. In the event of conflict between this chapter and other laws, the most restrictive shall govern.

(2)

All signs shall be so placed as to not interfere with the visibility of effectiveness of any official traffic sign or signal; driver vision at any access point or intersection; or, pedestrian movement on any public sidewalk.

(3)

No sign shall be erected, relocated or maintained so as to obstruct firefighting or prevent free access to any door, window, or fire escape.

(D)

Landscape quality and preservation. In the application of this chapter, it is the intent to protect the public welfare and to enhance the appearance and economic value of the landscape by providing that signs:

(1)

Do not interfere with scenic views.

(2)

Do not constitute a nuisance to occupancy of adjacent and continuous property because of their brightness, size, height, or movement.

(3)

Are not detrimental to land or property values.

(E)

Signs prohibited in all districts.

(1)

Roof signs.

(2)

Signs affixed to utility poles, trees, rocks, shrubs or similar natural features, except, signs denoting a site of historic significance.

(3)

Signs which imitate traffic signals, traffic direction signs, or similar traffic control devices, and signs which make use of words such as "Stop," "Look," "Danger," or any other words, phrases, symbols or characters, in such a manner as to interfere with, mislead or confuse traffic.

(4)

Signs other than those erected by a public agency which are located within or overhang the public right-of-way or on public property, unless otherwise specified herein.

(5)

Any sign or sign structure which constitutes a hazard to public health and safety due to inadequate maintenance.

(6)

Any sign unlawfully installed, erected or maintained.

(7)

Any sign advertising or promoting activity not located on that property unless otherwise specified herein.

(F)

Signs permitted in all districts.

(1)

Nameplates not exceeding two square feet in size.

(2)

Political signs for public office or issues to be determined by election may be erected 45 days prior to an election. Before such signs may be erected, a deposit must be paid to the City of Iron River according to the current fee schedule. Such signs shall be erected on private property only and no less than 100 feet from any entrance to a building in which a polling place is located. No signs shall be placed in public rights-of-way. All such signs shall be removed within five days following Election Day or deposit will be forfeited. Sizes of signs are limited as follows:

(a)

Six square feet in R-1A, R-1B, R-2 and CBD districts.

(b)

Sixteen square feet in the C-1 district.

(c)

Thirty-two square feet in C-2, I, and AG/OS districts.

(d)

No sign shall exceed a maximum height of eight feet.

(3)

Directional signs which indicate the direction of traffic flow on private property. Directional signs shall not exceed two square feet in size, shall contain no advertising, and may be illuminated.

(4)

Street number. The sign shall not exceed two square feet.

(G)

Sign removal.

(1)

The Zoning Administrator may direct the removal of non-conforming signs if the non-conforming sign is not removed or made conforming within five days of the property owner receiving written notice.

(2)

The Zoning Administrator may seek reimbursement for the cost of removing non-conforming signs or impose a civil infraction as established by the City Council.

(Ord. No. 2017-02, 10-18-2017)

(A)

General requirements.

(1)

One freestanding sign shall be permitted per premise which has frontage on only one public road.

(2)

Two freestanding signs shall be permitted per premise which has frontage on two public roads. One sign shall not exceed the area requirements set forth herein. The second sign shall not exceed 50 percent of the area requirements set forth herein and is to be placed at least 100 feet from the first sign and along the other street.

(3)

A freestanding sign shall have a minimum setback of five feet from a public road right-of-way and a setback distance equal to the height of the sign from all other property boundaries.

(4)

A freestanding sign which advertises multi-businesses located on that property may have a sign 50 percent larger than otherwise permitted.

(5)

The supporting sign structure shall not be more than one foot higher than the height of the permitted sign.

(6)

In lieu of a freestanding sign, a sign may be attached to an independent standing canopy as long as no part of the sign or support structure extends over the property line, that the bottom of the sign is a minimum of ten feet from the ground or sidewalk level, that the total square footage of the sign is 30 square feet or less, and that any illumination does not present a safety issue with a passing motorist.

(B)

Specific requirements. Freestanding signs shall be permitted by District in accordance with the following requirements:

(Ord. No. 2017-02, 10-18-2017)

The following wall signs shall be permitted in the following districts in accordance with the regulations herein.

(A)

General requirements.

(1)

No wall sign shall be erected to extend above the top of the wall to which it is attached, or extend beyond the ends of the wall to which it is attached. Signs erected on the vertical portion of a mansard roof are considered to be wall signs.

(2)

All wall signs shall be safely and securely attached to the building.

(3)

There shall be no more than two wall signs permitted for each side of the building. Total square foot area requirements set forth in subsection (B), are for each sign.

(4)

For buildings with distinct and separate uses, separate wall signs shall be permitted for each such use. However, the total allowable square footage shall not exceed the maximum allowable square footage specified for each district.

(5)

Signage on awnings are regulated as wall signs. Lettering on the awning cannot exceed 50 percent of the area on the awning. Rear-illuminated (backlit) awnings are prohibited.

(6)

Vertical wall signs are allowed and must adhere to the specifications and sign size for the district the sign is located.

(B)

Specific requirements. Wall signs shall be permitted by the District in accordance with the following requirements.

(Ord. No. 2017-02, 10-18-2017)

(A)

Projecting signs shall be permitted in CBD Central Business Districts.

(B)

The surface area of the projecting or suspended sign shall not exceed 20 square feet on each side or a total of 40 square feet. The total square feet of the projecting sign (both sides) shall be subtracted from the total allowable wall signage square footage permitted for the District which the sign is located.

(C)

The bottom of the projecting sign shall be a minimum of eight feet above the surface of the sidewalk or ground area, or otherwise be located so as not to interfere with pedestrian traffic. The sign is not to protrude beyond four feet from the wall.

(Ord. No. 2017-02, 10-18-2017)

The following temporary signs shall be permitted in accordance with the regulations herein.

(A)

Real estate.

(1)

One non-illuminated sign used for advertising land or buildings for rent, lease, or sale shall be permitted in any district provided such signs are located on the property intended to be rented, leased, or sold. Such signs shall not exceed an area of six square feet and a height of four feet from grade in all single-family residential districts and an area of 32 square feet and a height of six feet from grade in all other districts.

(2)

One non-illuminated freestanding sign listing persons or firms connected with a development's construction work being performed. Such signs shall not exceed 32 square feet in area and a height of six feet from grade, and shall be removed within 30 days of issuance of the certificate of occupancy.

(B)

Temporary signs and promotional banners.

(1)

In all districts, the Zoning Administrator may allow a business, to use a temporary sign for up to a 30-day period four times per year with a sign permit. All temporary signs permitted under this provision shall otherwise comply with all requirements pertaining to height and size for the zoning district in which the sign is located.

(2)

Special event signs require a permit and shall be allowed for a period of not more than 30 days prior to the event. Before such signs may be erected, a deposit must be paid for the City of Iron River according to the current fee schedule. Such signage shall be removed as soon as practical, not the exceed five days after the completion of the event or deposit will be forfeited. A site/signage plan will be submitted no later than 90 days prior to the event for approval by the Zoning Administrator.

(3)

Within the CBD, C-1 and C-2 Districts, one promotional banner is permitted per premise at any given time. Only those businesses with direct pedestrian access from the public right-of-way shall be permitted to have a promotional banner. The temporary promotional banners shall not exceed 20 square feet in area. Neither the height nor the width of a temporary promotional banner shall exceed ten feet. Temporary promotional banners shall not be located in a public right-of-way, must be affixed to the principal building of the business and shall be located and designed to avoid interference with or distraction to vehicular and pedestrian traffic. Temporary promotional product signs are included as a promotional banner regulated as the same.

(4)

All banners which are not properly maintained shall be removed at the order of the Zoning Administrator.

(5)

All other banners are strictly prohibited.

(6)

Product advertising signs either free standing or wall, are limited to two per business. The product sign must be in good repair not be in place over 30 days, and not to exceed a total of 16 square feet.

(Ord. No. 2017-02, 10-18-2017)

The following regulations shall apply to billboards:

(A)

Where permitted. Billboards shall be permitted only in the I District, subject to the standards contained herein, and the Highway Advertising Act of 1972, as amended.

(B)

Spacing.

(1)

Not more than three billboards may be located per linear mile of street or highway regardless of the fact that such billboards may be located on different sides of the street or highway. The linear mile measurement shall not be limited to the boundaries of the City of Iron River where the particular street or highway extends beyond such boundaries. Double-faced billboard structures (i.e., structures having back-to-back billboard faces) and V-type billboard structures having only one face visible to traffic proceeding from any given direction on a street or highway shall be considered as one billboard. Additionally, billboard structures having tandem billboard faces (i.e., two parallel billboard faces facing the same direction and side by side to one another) or stacked billboard faces (i.e., two billboard faces facing the same direction with one face being directly above the other) shall be considered as one billboard. Otherwise, billboard structures having more than one billboard face shall be considered as two billboards and shall be prohibited in accordance with the minimum spacing requirement set forth in Subsection (2) below.

(2)

No billboard shall be located within 1,000 feet of another billboard on either side of the same street or highway.

(3)

No billboard shall be located within 200 feet of a residential zone and/or existing residence. If the billboard is illuminated, this required distance shall be 300 feet.

(4)

No billboard shall be located closer than 75 feet from a property line adjoining a public right-of-way or ten feet from any interior boundary lines of the premises on which the billboard is located.

(C)

The height of a billboard shall not exceed 30 feet above the level of the street or road upon which the billboard faces or to which the message upon the billboard is directed. In the event that the billboard is situated upon two streets or roads having different levels, the height of the billboard shall be measured from the higher street or road.

(D)

Surface area. The surface display area of any side of a billboard may not exceed 300 square feet. In the case of billboard structures with the tandem or stacked billboard faces, the combined surface display area of both faces may not exceed 300 square feet.

(E)

Illumination. A billboard may be illuminated, provided such illumination is concentrated on the surface of the sign and is located so as to avoid glare or reflection onto any portion of an adjacent street or highway, the path of on-coming vehicles or any adjacent premises. In no event shall any billboard have flashing or intermittent lights, nor shall the lights be permitted to rotate or oscillate.

(F)

Construction and maintenance.

(1)

No billboard shall be on top of, cantilevered or otherwise suspended above the roof of any building.

(2)

A billboard must be constructed in such a fashion that it will withstand all wind and vibration forces that can normally be expected to occur in the vicinity. A billboard must be maintained so as to assure proper alignment of structure, continued structural soundness and continued readability of message.

(Ord. No. 2017-02, 10-18-2017)

(A)

Directory signs. For offices, office parks, industrial parks, and multi-tenant buildings, directory signs which identify only the names and locations of occupants or uses within a building on a lot shall be permitted in addition to other signs permitted under these regulations.

(1)

No more than one directory sign per lot is permitted, except where a lot has frontage on two or more roads.

(2)

No directory sign shall exceed 24 square feet in area or six feet in height from finished grade.

(3)

No directory sign shall be located closer than ten feet to any property line in all districts and shall not be a projecting sign.

(B)

Menu board. One menu board for a restaurant shall be permitted in addition to other signs permitted under these regulations provided such sign does not exceed 20 square feet in area. The sign shall be a wall sign or mounted on an existing freestanding sign.

(C)

Changeable copy signs. Manual changeable copy signs shall be permitted when incorporated into a permitted wall or freestanding sign provided that the area devoted to changeable copy does not exceed 20 percent of the permissible sign area.

(1)

Lettering used on manual changeable copy signs directed to local or collector streets shall not exceed four inches in height.

(2)

Lettering used on manual changeable copy signs directed to secondary or major arterial streets shall not exceed six inches in height.

(3)

Lettering used on manual changeable copy signs directed to pedestrians shall be at least two inches in height, but not more than three inches in height.

(D)

Off-premise directional signs. Off-premise directional signs directing vehicular traffic to a church, governmental building, or educational institution may be permitted in all districts subject to the review of the Zoning Administrator and the following standards:

(1)

No more than two signs per use shall be permitted.

(2)

The size of an off-premise directional sign shall not exceed two square feet in size.

(3)

The height of an off-premise directional sign shall be no less than three feet nor exceed six feet from grade. However, variations in height may be granted by the Planning Commission to ensure its visibility to motorists.

(4)

Illumination shall not be permitted.

(5)

Permission of the property owner where the proposed sign is to be located must be provided and included with the permit application.

(E)

Historic markers. If a structure or site within the City has been designated a State Historical Site or listed in the National Register of Historic Places, then a marker designating that fact, obtained from the appropriate state or federal agency, shall be permitted in addition to any other sign or signs which may lawfully be placed on the structure or the property on which the structure is located.

Anyone wishing to place a historic marker on a structure or property shall complete and file a sign permit application with the Zoning Administrator. No fee shall be charged for a historic marker application. The sign shall not exceed 24 square feet.

The Planning commission shall review the proposed placement of the historic marker and no historic marker shall be placed on any structure or property unless a permit has been approved by the Planning Commission.

(F)

Window signs.

(1)

Any sign, including the posting of hours of operation, display of credit cards, illuminated open sign, and/or street and building address, which is painted or mounted onto a window pane, or which is placed or hung within six inches of the window does not require a permit or fee.

(2)

Window signs shall not exceed more than 30 percent of the window area in which they are displayed.

(3)

Window signs as described in (1) and (2) above do not count in the calculation of total building signage permitted.

(4)

Permanent and/or illuminated window signs, not excepted in (1), require a permit.

(G)

Mural signs. When a mural, painted wall sign or graphic includes identification of an establishment or specific services, good or products provided on the site, only the advertising frontage of the mural will count towards the total permitted wall sign area.

Murals are subject to the approval based from the Zoning Administrator and the following standards:

(1)

No mural may be placed on any building or structure that displays non-conforming signs.

(2)

No more than two exterior walls, on the surface of a building or structure may be used for a mural.

(3)

A wall, façade, or surface that is used for a mural pertaining to the business on which is located shall be counted as one sign. Larger advertising murals shall be permitted when determined to demonstrate at least one of the following:

(a)

Accentuates the historic features of the building.

(b)

Masks an unattractive building façade.

(c)

Creates an aesthetically pleasing amenity.

(d)

Superior is aesthetics to an attached wall sign.

(4)

The owner of record of the building or structure on which the proposed mural is to be placed, shall in writing, consent to the placement of said mural on the property, and shall agree to restore the wall, façade or surface upon which the mural is placed to its prior existing condition if and at such time the mural is not maintained by the applicant. The permit application shall include a statement detailing the applicant's plans for the maintenance of the mural.

(5)

In the review of the application, the Zoning Administrator shall grant approval only if the following criteria are met:

(a)

The placing of the proposed mural at the location selected by the applicant would not constitute a significant traffic safety hazard.

(b)

Neither the mural, nor the placement of the mural, would endanger the public's health, safety, or general welfare.

(c)

Neither the mural, nor the placement of the mural, would be injurious to the use and enjoyment of other property in the immediate vicinity of the proposed location.

(d)

The mural is compatible with any other existing mural within 300 feet.

(6)

Murals and other decorative art items placed on buildings that are an artistic expression rather than direct advertising is permitted without fee and does not count toward allowable wall signage.

(H)

Message sign. Non-profit organizations, churches, and public entities may have a permanent message sign in addition to other permitted signs provided the sign does not exceed 16 square feet and is not over six feet in height from the ground.

(I)

Sandwich style signs are to be removed when the business is not open for business. The panels of these signs shall not exceed two feet by four feet nor be less than two feet by two feet. A sign permit is not required, however, these signs must be registered and adhere to the Ordinance.

(J)

In addition to a wall sign, free standing sign and window sign, a pylon sign is allowed in the C-2, AG/OS and I Districts. In C-2, the maximum height is 24 feet with a maximum of 200 square feet. In AG/OS and I, the maximum height is 24 feet with a maximum of 240 square feet. All pylon signs must have eight feet or more clearance from the ground.

(K)

Tourist-oriented directional signs provided such signs are otherwise approved by the Michigan Department of Transportation pursuant to P.A. 299 of 1996 as amended. The Zoning Administrator may approve or reject the placement and size of any tourist-oriented directional sign within the city's jurisdiction.

(Ord. No. 2017-02, 10-18-2017; Ord. No. 2018-05, 9-19-2018)

(A)

It shall be unlawful to display, erect, relocate, or alter any sign without obtaining a sign permit, except where otherwise specifically noted within the Ordinance.

(B)

A permit shall be issued by the Zoning Administrator only if the proposed sign meets all requirements of the Ordinance. If an alteration of an existing sign is limited to the information communicated on the sign, without increasing its size or creating a structural modification, as allowed in subsection 151.209(B), then the alteration is allowed without a fee.

(C)

When a sign permit has been issued by the City, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of said permit without prior approval of the zoning official. A written record of such approval shall be entered upon the original permit application and maintained in the files of the City.

(D)

The application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located, or his authorized agent, or a sign contractor. Such applications shall be made in writing on forms furnished by the City and shall be signed by the applicant.

(E)

The application for a sign permit shall be accompanied by the following plans and other information;

(1)

The name, address, and telephone number of the owner or persons entitled to possession of the sign and of the sign contractor or erector.

(2)

The location by street address of the proposed sign structure.

(3)

Complete information as required on application forms including a site plan and elevation drawings of the proposed sign, caption of the proposed sign, and such other data as are pertinent to the application.

(4)

Plans indicating the scope and structural detail of the work to be done, including details of all connections, guy lines, supports and footings, and materials to be use.

(5)

An application, including all required information, for an electrical permit if the sign will have an electrical connection.

(6)

A statement of valuation.

(F)

Temporary real estate signs, and address identification signs do not require a sign permit. However, these signs must otherwise adhere to the Ordinance.

(G)

Temporary signs and banners, and political signs, does not need a sign permit. However, these signs must be registered with the Zoning Administrator and adhere to the Ordinance.

(H)

Temporary portable style signs do not need a sign permit. However, these signs must be registered and adhere to the Ordinance. In the CBD District, these signs must not occupy an eight foot sidewalk clear area space. In all other districts, the signs shall not be placed in a public right-of-way.

(Ord. No. 2017-02, 10-18-2017)

The purpose of this section is to ensure the provision of off-street parking facilities that are sufficient in number, adequately sized and properly designed to meet the range of parking needs and demands that are associated with land uses now in place in the City or with land uses allowed by this chapter.

(Ord. No. 2017-02, 10-18-2017)

(A)

Where required. In all zoning districts, off-street parking facilities for the storage and parking of self-propelled motor vehicles for the use of occupants, employees and patrons of the buildings hereafter erected, altered or extended after the effective date of this chapter, shall be provided as herein prescribed. Such space shall be maintained and shall not be encroached upon so long as said main building or structure remains, unless an equivalent number of such spaces are provided elsewhere in conformance with this chapter.

(B)

Existing off-street parking at effective date of Ordinance. Off-street parking existing at the effective date of the Ordinance from which this Chapter derives which serves an existing building or use, shall not be reduced in size to less than that required under the terms of this chapter.

(C)

Required greenbelt and setbacks. Off-street parking, including maneuvering lanes, shall not be located within the required front greenbelt in accordance with subsection 151.122(F). Off-street parking shall be permitted within the required side or rear yard setbacks, provided a minimum five-foot setback is maintained between off-street parking and the side and rear lot lines of all adjoining properties. In C-1 and CBD Districts, the parking lot design may incorporate the area in the front, side and rear of the building without regard to setbacks or green space requirements provided the actual use adjacent to the property is compatible.

(D)

Parking duration. Except when the land is used as storage space in connection with the business of a repair or service garage, a 24-hour time limit for parking in non-residential off-street parking areas shall prevail, it being the purpose and intention of the foregoing that the requirement of maintaining vehicle storage or parking space is to provide for the public safety in keeping parked cars off the streets, but such requirement is not designed to or intended to provide, and it shall be unlawful to permit, the storage or prolonged parking on any such parking area in any such district wrecked or junked cars or creating a junk yard or a nuisance in such area.

(1)

Vehicles being stored in an off-street parking lot in connection with the business of a repair or service garage shall not exceed 28 days in duration.

(2)

No vehicle being stored on a public street right-of-way in connection with the business of a repair or service garage shall exceed 24 hours in duration.

(E)

Units and Methods of Measurement. For the purpose of determining off-street parking requirements, the following units of measurement shall apply:

(1)

Floor area. Where floor area is the unit for determining the required number off off-street parking spaces, said unit shall mean the gross floor area, excluding that floor areas within the principal building used for parking, incidental service and storage, housing of mechanical equipment, heating systems and similar uses need not be included.

(2)

Employees. For requirements stated in terms of employees, the calculation shall be based upon the maximum number of employees likely to be on the premises during the largest shift.

(3)

Places of assembly. in stadiums, sports arenas, churches and other places of assembly in which those in attendance occupy benches, pews or other similar seating facilities, each 24 inches of such shall be counted as one seat. In cases where a place of assembly has both fixed seats and open assembly area, requirements shall be computed separately for each type and added together.

(4)

Fractional requirements. When units of measurements determining number of required parking spaces result in requirement of a fractional space, any fraction shall require one parking space.

(F)

Location of parking.

(1)

One- and two-family dwellings. The off-street parking facilities required for one- and two-family dwellings shall be located on the same lot or plot of ground as the building they are intended to serve, but shall be considered a parking lot under the provisions of this Article. Existing non-conforming driveways within the five-foot setback may be paved, repaved, asphalt or re-asphalted.

(2)

Multiple-family residential. The off-street parking facilities for multiple-family dwellings shall be located on the same lot or plot of ground as the dwellings they are intended to serve, and shall consist of a parking lot as set forth in this Article. In no event shall any parking space be located nearer than ten feet to any main building.

(3)

Other land uses. The off-street parking facilities required for all other uses shall be located on the lot or within 300 feet of the permitted uses requiring such off-street parking, such distance to be measured along lines of public access to the property between the nearest point of the parking facility to the building to be served.

(4)

Restriction on parking on private property. It shall be unlawful for any person, firm or corporation to park any motor vehicle on any private property without the authorization of the owner or agent of such property.

(Ord. No. 2017-02, 10-18-2017; Ord. No. 2020-01, § 21, 2-19-2020)

(A)

The amount required off-street parking spaces for new uses or buildings, and additions to existing buildings shall be determined in accordance with the Schedule set forth in Section 151.194. Parking requirements listed in Section 151.194 shall not include off-street stacking spaces for drive-through facilities set forth in Section 151.197.

(B)

Similar uses and requirements. When a use is not specifically mentioned, the requirements of off-street parking for a similar use shall apply.

(C)

Collective provisions. Nothing in this Section shall be construed to prevent collective provisions of off-street parking facilities for two or more buildings or uses, provided such facilities collectively shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with Section 151.194 of this article.

(D)

Parking exemption. As the effective date of this chapter, buildings and uses located within the CBD shall be exempt from providing off-street parking. However, in no case should a building or use be expanded to remove off-street parking established before the effective date of this chapter.

(E)

Flexibility in application. The City recognizes that, due to the specific requirements of any given development, flexible application of the parking standards set forth in Section 151.194 may be required to prevent traffic congestion, unauthorized parking on adjacent streets or neighboring site, excessive paving and storm water runoff, and misuse of space which could otherwise be left as open space.

The Planning Commission, based on a recommendation from the Zoning Administrator may permit deviations from the requirements of Section 151.194 and may require more or allow less parking whenever it finds that such deviations are more likely to provide a sufficient number of parking spaces to accommodate the specific characteristics of the use in question.

The Planning Commission may attach conditions to the approval of a deviation from the requirement of Section 151.194 that bind such approval to the specific use in question. Where a deviation results in a reduction of parking, the Planning Commission may further impose conditions which ensure that adequate reserve area is set aside for future parking, as needed.

The Planning Commission, based on a recommendation from the Zoning Administrator, may allow deviations from the hard durable surface lot requirement for seasonal or auxiliary lots. The recommended surface shall be suitable for the given parking area in question.

(F)

Residential driveways. Driveways in R-1A or R-1B Districts shall be a minimum of ten feet in width. Driveways may not be located within 30 feet of a street intersection. Driveways must be a minimum distance of five feet from a side or rear lot line unless application is made for a joint driveway with an adjacent premise.

(G)

Residential driveways and curb cuts must be approved through a Land Use Permit prior to construction.

(Ord. No. 2017-02, 10-18-2017)

The amount of required off-street parking space for new uses or buildings, and additions to existing buildings shall be determined in accordance with the following table:

Required Number of Parking Spaces
Per Each Unit of Measure as Follows:

(Ord. No. 2017-02, 10-18-2017; Ord. No. 2020-01, §§ 22—26, 2-19-2020)

The construction of any parking lot shall be in accordance with the requirements of the provisions of this chapter and such construction shall be completed and approved by the Zoning Administrator before use of the property as a parking lot and before a Certificate of Occupancy is issued. Unless incorporated in a site plan prepared and approved in accordance with Section 151.034, plans of the development of any parking lot must be submitted to the Zoning Administrator, prepared at a scale of not less than 50 feet equals one inch and indicating existing and proposed grades, drainage, pipe sizes, parking of all dimensions, type of curbing, drive and aisle dimensions, lighting, adjacent main buildings, sidewalks, landscaping, surfacing and base materials to be used and the layout of the proposed parking lot.

(A)

All parking lots, driveways or loading areas required for uses other than single- or two-family residential shall be of a hard, durable, smooth and dustless surface and shall be graded and drained so as to dispose of surface water which might accumulate within or upon such area, and shall be completely constructed prior to a Certificate of Occupancy being issued. Drainage for parking lots shall conform to the standards set forth in Section 151.131. Hard durable surface is defined as cement, bituminous materials (asphalt) or other comparable compacted materials.

(1)

Parking lots exceeding the minimum parking spaces required by ordinance may be constructed with a compatible surface as approved by the Zoning Administrator.

(B)

All illumination for such parking lots shall meet the standards set forth in Section 151.128.

(C)

Parking lot landscaping and buffering requirements shall meet the standards set forth in subsection 151.122(E) Landscaped islands shall be required for any parking lot exceeding 98 parking spaces.

(D)

Adequate ingress and egress to the parking lot, by means of limited and clearly defined drives, shall be provided for all vehicles.

(E)

Where necessary to prevent encroaching upon pedestrian walkway or damaging required landscaping, wheel stops shall be provided. No portion of a parking lot and/or maneuvering aisle shall obstruct or encroach upon a public sidewalk.

(F)

All parking lots larger than 3,000 square feet or containing more than ten parking spaces shall provide an on-site snow storage area. The minimum basis for the required area shall be 10:1 ratio to the parking area. Snow storage areas shall be located in such a manner that they do not interfere with clear visibility of traffic on adjacent streets and driveways or interfere with pedestrian passage.

(G)

All parking lots must clearly mark parking spaces either by painted lines, wheel stops or the equivalent.

(H)

Plans for the layout of street parking facilities shall be in accordance with the following minimum regulations:

Maneuvering Lane Width

(Ord. No. 2017-02, 10-18-2017; Ord. No. 2020-01, § 27, 2-19-2020)

On the same premise with every building or part thereof, erected and occupied for any uses involving the receipt or distribution of trucks and/or delivery vehicles, material or merchandise, adequate space for loading and unloading shall be provided in accordance with the following:

(A)

Such loading and unloading space, unless completely and adequately provided for within a building, shall be an area ten feet by 50 feet, with 14-foot height clearance, and shall be provided according to the following schedule:

(B)

Required Greenbelt, Setbacks and Screening.

(1)

Off-street loading areas, including maneuvering lanes shall not be located within the front greenbelt required in accordance with Section 151.122. Off-street loading shall be permitted within the required side or rear yard setbacks, provided a minimum ten foot setback is maintained between off-street loading and the abutting side and rear lot lines.

(2)

Off-street loading which abuts residentially zoned or used property shall be screened in accordance with Section 151.122.

(C)

Double Count. Off-street loading space areas shall not be construed as, or counted toward the supplying of area required as off-street parking space area.

(Ord. No. 2017-02, 10-18-2017)

All businesses which provide drive-through facilities for serving customers within their automobile, shall provide adequate off-street stacking space and lanes which meets the following requirements:

(A)

Each stacking vehicle space shall be computed on the basis of twelve feet in width and 20 feet in length. Each stacking lane shall be a minimum of 12 feet in width.

(B)

Clear identification and delineation between the drive-through facility and parking lot shall be provided. Drive-through facilities shall be designed in a manner which promotes pedestrian and vehicular safety.

(C)

For all drive-through facilities which have a single stacking lane, an escape lane shall be provided which allows other vehicles to pass those waiting to be serviced.

(D)

The number of stacking vehicle spaces per service lane shall be provided for the following uses:

When a use is not specifically mentioned, the requirements for off-street stacking space for the similar use shall apply.

(Ord. No. 2017-02, 10-18-2017; Ord. No. 2020-01, § 28, 2-19-2020)

In all Residential Districts, a recreational vehicle may be parked or stored subject to the following conditions:

(A)

Storage or parking shall not be permitted on vacant lots or parcels, except as approved by the Zoning Administrator.

(B)

Unless within a completely enclosed building, a recreational vehicle shall be parked or stored in one of the following manners:

(1)

Within the side or rear yard, but no closer than five feet from any side or rear lot line; or,

(2)

In those instances where the side or rear yard is not accessible or has insufficient clearance for the passage of a recreational vehicle, the Zoning Administrator may allow the parking or storage of a recreational vehicle in the front yard. In those instances where a recreational vehicle is to be parked or stored in a front yard, only the driveway portion of such yard shall be utilized and in no instance shall such recreational vehicle be parked or stored in a manner which obstructs pedestrian or vehicular visibility, as regulated in Section 151.123(G).

(C)

No recreational vehicles shall be used for living, sleeping or housekeeping purposes on the premises, except for occasional living purposes to accommodate visitors not-to-exceed a maximum period of 21 days.

(D)

No recreational vehicle shall be stored on a public street or right-of-way or private road easement.

(E)

A recreational vehicle stored outside shall be in a condition for the safe and effective performance of its intended function.

(Ord. No. 2017-02, 10-18-2017)

Certain existing lots, structures and uses of lots and structures were lawful before this chapter was adopted, but have become non-conformities under the terms of this chapter and its amendments. It is the intent of this chapter to permit such non-conformities to remain until they are discontinued or removed, but not to encourage their survival or, where discontinuance or removal is not feasible, to gradually upgrade such non-conformities to conforming status. Non-conformities shall not be enlarged, expanded or extended, except as provided herein, and shall not be used as grounds for adding other structures and uses of lots and structures which are prohibited. Non-conformities are declared by this chapter to be incompatible with the structures and uses permitted in the various Districts.

(Ord. No. 2017-02, 10-18-2017)

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width, or both, of the lots shall conform to the regulations for the district in which such lot is located.

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of said parcel or lot shall be used or sold, which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel or lot be made which leaves remaining any parcel or lot with width or area below the requirements stated in this chapter.

(Ord. No. 2017-02, 10-18-2017)

Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of the Ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(A)

No such non-conforming uses shall be enlarged or increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.

(B)

No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.

(C)

If such non-conforming use of land ceases operation for a period of more than six months, this shall constitute abandonment. Any subsequent use of such land shall conform to the regulations specified by the Ordinance for the district in which such land is located.

(Ord. No. 2017-02, 10-18-2017)

Where a lawful structure exists, at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued as long as it remains otherwise lawful, subject to the following provisions:

(A)

No such structure may be enlarged or altered in a way which furthers its non-conformity.

(B)

Should such structure be destroyed by any means to an extent of more than 50 percent of replacement value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance.

(C)

Should such structure be moved for any reason, for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Ord. No. 2017-02, 10-18-2017)

If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject of the following provisions:

(A)

No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(1)

If an existing Single-Family Dwelling is damaged or destroyed, the use and structure shall be considered conforming, and allowed to be re-established in compliance with restrictions established for the residential district in closest proximity to the property in question. Such structure or use shall be re-established within a two-year period.

(B)

Any non-conforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

(C)

Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations pertaining to the uses permitted in the district in which such structure is located, and the non-conforming use may not thereafter be resumed. Section 151.204 shall apply to any non-conformity relating to the structure(s).

(D)

If such non-conforming use of land and structures ceases operation for a period of more than six months, this shall constitute abandonment. Any subsequent use of such land shall conform to the regulations specified by this chapter pertaining to the uses permitted in the district in which such land is located. Structures occupied by seasonal uses shall be accepted from this provision only so long as seasonal uses shall continue.

(E)

Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.

(F)

If no structural alterations are made, any non-conforming use of structure, or structure and premises, may be changed to another non-conforming use of the same or a more restricted classification provided that the Board of Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Board of Appeals may require appropriate conditions and safeguards in accord with the purpose and intent of this chapter. Where a non-conforming use of a structure, land or structure and land in combination, is hereafter changed to a more restrictive classification, it shall not thereafter be changed to a less restricted classification.

(Ord. No. 2017-02, 10-18-2017)

On any building devoted in whole or in part to any non-conforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or an repair or replacement of non-bearing walls, fixtures, wiring or plumbing to an extend not exceeding 50 percent of the replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.

A non-conforming structure, non-conforming portion of a structure or a structure containing a non-conforming use which is physically unsafe or unlawful due to lack of repairs and maintenance, as determined by the Building Official, may be restored to a safe condition. Where enlargement or structural alternation is necessary to allow compliance with health and safety laws or ordinances, the cost of such work shall no exceed 25 percent of the structure's fair market value, as determined by the Assessor at the time such work is done.

(Ord. No. 2017-02, 10-18-2017)

Any use in existence at the time of adoption of this article for which conditional approval is permitted as provided in this chapter shall not be deemed a non-conforming use, but shall, without further action, be deemed a conforming use in such district.

(Ord. No. 2017-02, 10-18-2017)

There may be a change of tenancy, ownership or management of any existing non-conforming uses of land, structures and premises provided there is no change in the nature or character of such non-conforming uses except in conformity with the provisions of this chapter.

(Ord. No. 2017-02, 10-18-2017)

(A)

Any sign, billboard, commercial advertising structure or object which existed and was maintained at the time this Zoning Ordinance was adopted, and which are subject to the regulations of this Zoning Ordinance because of any changes or additions made by this new Ordinance, shall be deemed a non-conforming sign. Non-conforming signs may remain provided they are not expanded, enlarged or reduced other than routine maintenance and upkeep of the sign itself. Any non-conforming sign shall be removed or made to conform to the provision of this chapter within 30 days of the happening of any of the following events.

(1)

The change of the activity advertised thereon.

(2)

Change in the use of the property on which the sign is located.

(3)

Any alterations or changes to the sign.

(4)

Relocation of the sign.

(5)

Substantial change to the sign.

(B)

Any sign that is non-conforming, where the business has ceased operations for at least six months shall remove the sign or make the sign conform to the Ordinance. Upon failure to comply, and after receiving written notice, the City may remove the sign and recover its cost as a nuisance special assessment to the property.

(Ord. No. 2017-02, 10-18-2017)

There is hereby established a Zoning Board of Appeals (ZBA), the membership, powers, duties of which are prescribed in Act 110 of the Public Acts of the State of Michigan of 2006, as amended. The ZBA, in addition to the general powers and duties conferred upon it, by said Act, in specified cases and subject to appropriate conditions and safeguards, shall interpret and determine the application of the regulations established under this chapter in harmony with their purpose and intent as hereinafter set forth.

(Ord. No. 2017-02, 10-18-2017)

(A)

The City Council shall act as the ZBA.

(B)

A member of the ZBA who is also a voting member of the Planning Commission shall not participate in a public hearing on, or vote on the same matter that the member voted on as a member of the Planning Commission. However, the member may consider and vote on other unrelated matters involving the same property.

(Ord. No. 2017-02, 10-18-2017; Ord. No. 2017-04, 12-20-2017; Ord. No. 2020-01, § 29, 2-19-2020)

(A)

All decisions of the Board shall be made at a meeting open to the public. All deliberations of the Board constituting a quorum of its member shall take place at a meeting open to the public except as provided in compliance with the Open Meetings Act, Act 267 of 1976 as amended.

(B)

A majority of the members of the Board shall constitute a quorum for purposes of transacting the business of the Board and the Open Meetings Act, Act 267 of 1976, as amended. Each member of the Board shall have one vote.

(C)

Regular meetings of the Board shall be called as needed in response to receipt of a Notice of Appeal. The meeting can be called by the Zoning Administrator, the Chair of the Appeals Board, or, in his/her absence, the Vice-Chair. Public notice of the date, time and place of a public meeting of the Board shall be given in the manner prescribed in Section 151.037.

(D)

The business of the Board of Appeals shall be conducted in accordance with its adopted bylaws.

(E)

The Chair, or in his/her absence, Vice-Chair may administer oaths and compel the attendance of witnesses.

(Ord. No. 2017-02, 10-18-2017)

(A)

General. The Board has the power to act on matters as provided in this chapter and Act 110, of the Public Acts of 2006, as amended. The specific powers of the Board are enumerated in the following sections of this article.

(B)

Voting. The concurring vote of a majority of the members of the Board shall be necessary to reverse an order, requirements, decision or determination of an administrative official or body, or to decide in favor of the Applicant a matter upon which the Board is required to pass under an ordinance, or to effect a variation in an ordinance except that a concurring vote of two thirds of the members of the Board shall be necessary to grand a variance from uses of land permitted in an ordinance.

A member shall be disqualified from a vote in which there is a conflict of interest. Failure of a member to disclose a conflict of interest and not be disqualified from a vote shall constitute misconduct in office.

(C)

Administrative review. The Board shall hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision or refusal made by the Zoning Administrator or other duly authorized enforcing agent, in enforcing any provision of this chapter.

(D)

Interpretation.

(1)

The Board shall hear and decide requests for interpretation of this chapter or the Zoning Map taking into consideration the intent and purpose of the Ordinance and the General Development Plan.

(2)

A record shall be kept by the Board of all decisions for interpretation of this chapter or Zoning Map and land uses which are approved under the terms of this section. The Board shall request the Planning Commission to review any ordinance amendment it deems necessary.

(E)

Variances. Upon an appeal, the Board is authorized to grant a variance from the strict provisions of this chapter, whereby extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to, or exceptional undue hardship upon the Owner of such property provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter. In granting a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of this chapter. Further, in granting a variance, the Board shall state the grounds upon which it justifies the granting of a variance as outlined below. When granting any variance, the Board must ensure that the spirit of the Ordinance is observed, public safety secured and substantial justice done.

Decisions of the Board shall be based on the following:

(1)

Use variance. The Applicant must present evidence to show that if the Zoning Ordinance is applied strictly, unnecessary hardship to the Applicant will result, and that all four of the following requirements are met:

(a)

That the property could not be reasonably used for the purposes permitted in that zone;

(b)

That the appeal results from unique circumstances peculiar to the property and not from general neighborhood conditions.

(c)

That the use requested by the variance would not alter the essential character of the area; and

(d)

That the alleged hardship has not been created by any person presently having an interest in the property.

(2)

Nonuse variances. The Applicant must present evidence to show that if the Zoning Ordinance is applied strictly, practical difficulties will result to the Applicant and:

(a)

That the Ordinance restrictions unreasonably prevent the Owner from using the property for a permitted purpose;

(b)

That the variance would do substantial justice to the Applicant as well as to other property owners in the district, and a lesser relaxation than that requested would not give substantial relief to the Owner of the property or be more consistent with justice to other property owners;

(c)

That the plight of the landowner is due to the unique circumstances of the property; and

(d)

That the alleged hardship has not been created by any person presently having an interest in the property.

(Ord. No. 2017-02, 10-18-2017)

(A)

An Applicant requesting any action by the Board shall commence such request by filing a Notice of Appeal, on the form supplied by the City, accompanied by such appeal fee as determined by the City Council, and all plans, studies and other information and data as applicable, all of which shall be made a part of the record.

(B)

Every appeal from a determination of the Zoning Administrator or other duly authorized enforcing agent shall be made by the Applicant within 30 days of the date of the order issuance or refusal to issue permit, requirement or refusal.

(C)

The Board shall fix a time for a hearing on the appeal, notice of which shall be given as prescribed in Section 151.037.

(D)

Any person may appear in person at the Public Hearing, or be represented by an agent or attorney, and present any evidence in support of their appeal. The Board of Appeals shall have the power to require the attendance of witness, administer oaths, compel testimony and otherwise cause the production of books, papers, files and other evidence pertaining to matters properly coming before the Board of Appeals.

(E)

The Board shall not decide an appeal until after a Public Hearing.

(F)

The Board may reverse, affirm, vary or modify any order, requirement or determination, as to which it has the power to consider, and have all the powers of the officer or body from whom the appeal was taken and may issue or direct the issuance of a permit.

(G)

The Board may impose conditions with any decision. Such conditions imposed shall meet all of the following requirements:

(1)

Be designed to protect natural resources, public health, safety and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the Community as a whole.

(2)

Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity.

(3)

Be necessary to meet the intent and purpose of the Zoning Ordinance, be related to the standards established in the Ordinance for the land use or activity under consideration, and be necessary to ensure compliance with those standards. Violations of any of these conditions shall be deemed a violation of this chapter, enforceable as such, and/or may be grounds for revocation or reversal of such decision.

(H)

All decisions of the Board shall be in writing and so far as it is practicable, in the form of a general statement or resolution reciting the conditions, facts and findings of the Board. The applicant shall be advised of the decision after the public hearing unless the Board moves for a continuation of such hearing.

(I)

Any decision of the Board favorable to the Applicant shall remain valid only as long as the information or data relating thereto, are found to be correct, and the conditions upon which the decision was based are maintained.

(J)

The Board may reconsider an earlier decision, if, in the opinion of the Board, circumstances justify taking such action.

(K)

No order of the Board of Appeals permitting the erection or alteration of a building shall be valid for a period of longer than one year, unless a building permit for such erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

No order of the Board of Appeals permitting a use of a building or premises shall be valid for a period longer than one year, unless such use is established within such period; provided, however, that such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with such permit.

(L)

Any person or persons, or any board or department of the City having an interest affected by a decision of the Board shall have the right to appeal to the Circuit Court on questions of law and fact. An appeal from a decision of a ZBA shall be filed within 30 days after the ZBA issues its decision in writing signed by the chairperson, if there is a chairperson, or signed by the members of the ZBA, if there is no chairperson, or within 21 days after the ZBA approves the minutes of its decision.

(Ord. No. 2017-02, 10-18-2017)

The Planning Commission shall consist of seven members, appointed by the Mayor with the approval of the City Council by majority vote. Members must be qualified electors of the City of Iron River. The Mayor, one or more members of the City Council, or any combination thereof, may be appointed to the Planning Commission, as ex officio members. However, not more than one-third of the members of the Planning Commission may be ex officio members.

(Ord. No. 2017-02, 10-18-2017)

Except as provided herein, an elected officer or employee of the City is not eligible to be a member of the Planning Commission. The term of an ex officio member of the Planning Commission shall be as follows:

(A)

The term of the Mayor shall correspond to his/her term as Mayor; and

(B)

The term of a Council Person shall expire with their term on the Legislative Council.

(Ord. No. 2017-02, 10-18-2017)

The City Council may remove a member of the Planning Commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. Before casting a vote on a matter on which a member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the Planning Commission. The member is disqualified from voting on the matter if so provided by the bylaws or by a majority vote of the remaining members of the Planning Commission. Failure of a member to disclose a potential conflict of interest as required herein constitutes malfeasance in office. Unless the City Council, by ordinance, defines conflict of interest for purposes of this subsection, the Planning Commission shall do so in its bylaws.

(Ord. No. 2017-02, 10-18-2017)

The Planning Commission shall elect a chairperson and secretary from its members and create and fill other offices as it considers advisable. An ex officio member of Planning Commission is not eligible to serve as chairperson. The term of each officer shall be one year, with the opportunity for re-election as specified in herein.

The Planning Commission may appoint advisory committees whose members are not members of the Planning Commission.

(Ord. No. 2017-02, 10-18-2017)

(A)

The Planning Commission shall adopt bylaws for the transaction of business, and shall keep a public record of its resolutions, transactions, findings and determinations.

(B)

The Planning Commission shall make an annual written report to the City Council concerning its operations and the status of planning activities, including recommendations regarding actions by the City Council related to planning.

(Ord. No. 2017-02, 10-18-2017)

(A)

The Planning Commission shall hold not less than four regular meetings each year, and by resolution, shall determine the time and place of the meetings. Unless the bylaws provide otherwise, a special meeting of the Planning Commission may be called by the Chairperson or by two other members, upon written request to the Clerk. Unless the bylaws provide otherwise, the Clerk, when possible, shall send written notice of a special meeting to Planning Commission members not less than 48 hours before the meeting.

(B)

The business that the Planning Commission may perform shall be conducted at a public meeting of the Planning Commission held in compliance with the Open Meetings Act, 1976 PA267, M.C.L.A. 15.261—15.275. Public notice of the time, date and place of a regular or special meeting shall be given in the matter required by that Act.

(C)

A writing prepared, owned, used, in the possession of, or retained by the Planning Commission in the performance of an official function shall be made available to the public in compliance with the Freedom of Information Act, 1976 PA442, M.C.L.A. 15.231—15.246.

(Ord. No. 2017-02, 10-18-2017; Ord. No. 2020-01, § 30, 2-19-2020)

(A)

Member of the Planning Commission may be compensated for their services as provided by the City Council.

(B)

After preparing the annual report required herein, the Planning Commission may prepare a detailed budget and submit the budget to the City Council for approval or disapproval. The City Council annually may appropriate funds for carrying out the purposes and functions permitted here and may match local government funds with federal, state, county or other local government or private grants, contributions or endowments.

(Ord. No. 2017-02, 10-18-2017)

The existing zoning regulations of the City of Iron River being the City of Iron River Zoning Ordinance, adopted May 3, 2006, and as amended from time to time, hereby is repealed. The adoption of this chapter, however, shall not affect or prevent any pending or future resection of, or action to abate, any existing violation of the aforementioned chapter, as amended, if the use so in violation is in violation of the provisions of this chapter.

(Ord. No. 2017-02, 10-18-2017)