Except as hereinafter specifically provided, the general regulations set forth in this chapter shall apply to all districts.

(Res. 98-340A. Passed 9-21-98.)

No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, designed or arranged, for any purpose other than that permitted in the district in which the building or land is located.

(Res. 98-340A. Passed 9-21-98.)

   (a)   No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located.

   (b)   Accessory buildings or structures, including, but not limited to, porches enclosed by walls, or garages, attached to a dwelling unit or other principal building in a substantial manner, such as by a wall or roof, shall be deemed a part of such main building for the purpose of determining compliance with the provisions of this chapter concerning required yards.

   (c)   Certain architectural features, such as cornices, eaves, gutters, chimneys, pilasters and similar features, may project no farther than three (3) feet into a required front yard, five (5) feet into a required rear yard, and two (2) feet into a required side yard.

   (d)   An unenclosed stoop, deck, balcony or window awning may project no farther than eight (8) feet into a required front yard, and no farther than fifteen (15) feet into a required rear yard. Projection of such building appurtenances into a required side yard shall prohibited. In no case shall a balcony, stoop, deck or awning be placed closer than five (5) feet to any front or rear lot line within any residentially zoned district.

(Res. 98-340A. Passed 9-21-98.)

No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limits established in this Zoning Code for the district in which the building is located, except that roof structures for the housing of elevators, stairways, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, smokestacks, individual domestic radio and television aerials and wireless masts, water tanks or similar structures may be erected above the height limits herein prescribed. No such structure may be erected to more than fifteen (15) feet above the height limits of the district in which it is located. No such structure shall have a total area greater than twenty-five percent (25%) of the roof area of the building. Such structures shall be screened by a solid wall, landscaping, and/or architectural features that are compatible in appearance with the principal building. No such structure shall be used for any residential purpose or commercial purpose, other than a use incidental to the main use of the building.

(Res. 98-340A. Passed 9-21-98.)

Every building hereafter erected or structurally altered to provide dwelling units shall be located on a lot, and in no case shall there be more than one (1) such building on one (1) lot, unless otherwise provided in this Zoning Code. No lot may contain more than one (1) principal building, structure or use, excepting groups of multiple-family dwellings, site condominiums as approved under the provisions of this Zoning Code, or retail business buildings or other groups of buildings the Building Superintendent deems to be a principal use collectively.

(Res. 98-340A. Passed 9-21-98.)

   (a)   No area which, for the purpose of a building or dwelling group, has been counted or calculated as part of a side yard, rear yard, front yard or other open space required by this Zoning Code may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court or other open space requirement of or for any other building. In any Residential District, the front and rear yard requirements of a double frontage lot shall be the same as prescribed for any single lot in the zone wherein the double frontage lot is located.

   (b)   No lot, adjacent lots in common ownership, required yard, parking area or other required open space shall be created, divided or reduced in dimensions or area below the minimum requirements of this Zoning Code. If already less than the minimum requirements of this Zoning Code, a lot or adjacent lots in common ownership or a required yard, parking area or other open space shall not be divided or reduced in dimensions or area so as to increase its noncompliance with the minimum requirements of this Zoning Code. Lots or yards created after the effective date of this chapter shall comply with the requirements of this chapter.

   (c)   In determining whether or not the minimum open space requirements of this Zoning Code have been met, the Building Superintendent shall consider and count any area of land owned by the developer adjacent to the property for which plans for the development of a building have been submitted to the Superintendent, which land lies between the outside edge of an easement for a Wayne County drain and the centerline of the drain proper. If the parcel to be so developed is dissected by any such drain, the Superintendent shall consider and count the entire area affected by the easement of the drain, provided that such surface area shall not be utilized for permanent structures or any other improvements of the drain and provided, further, that in no event shall the area lying within any such drain easement be considered or counted for more than twenty percent (20%) of the total minimum open space requirement of this Zoning Code.

(Res. 98-340A. Passed 9-21-98.)

   (a)   For motor homes, travel trailers, folding-type trailers, pickup campers, snowmobiles on trailers, boats and similar and related type units, and other recreational vehicles as defined by this Zoning Code, the regulation of outside storage on all lots zoned and/or used for residential purposes are as follows:

      (1)   A total of three (3) but not more than one (1) of each of such units may be stored or parked outside on a lot which is zoned and/or used for residential purposes. The ownership of such units shall be in the name of a member of the immediate family of the lot’s owner, tenant or lessee.

      (2)   Such units, when stored outside, shall be located in a rear yard, except as provided in the case of vacant lots, and shall be parked on a paved surface of concrete or plant-mixed bituminous material with a maximum width of twelve (12) feet. Such units shall be placed or parked on a lot with a principal building, structure or use unless it is a lot which is attached to an occupied lot under the same ownership. Such units shall not be closer than ten (10) feet from any structure nor five (5) feet from any lot line, unless otherwise provided by this section.

      (3)   The combined area covered by the dwelling, accessory buildings, other above- ground structures and swimming pools, and the area covered by the outside storage of such units, may not exceed forty percent (40%) of the total area of the lot. However, not more than one (1) such unit may be stored or parked outside on any lot regardless of the restriction set forth in this paragraph.

      (4)   Recreational vehicles or recreational equipment may be stored, parked or placed within any front yard or within a public right-of-way whereon street parking is permitted for a period not exceeding forty-eight (48) hours for loading and unloading or in the process of normal maintenance and cleaning.

      (5)   In the case of corner lots, as defined with two (2) front yards, the regulations of this section shall apply to both front yards. The side yard facing the street will be considered a second front yard.

      (6)   In the case of through lots, parking shall be permitted in the effective rear yard, as determined by the Building Superintendent, provided the parked vehicle meets the front and side yard principal building setback requirements of the zoning district.

      (7)   In the case of through lots on a corner (i.e. lots with frontage along three (3) streets), parking shall be allowed only in the side yard. The Building Superintendent may permit parking in the effective rear yard, as noted in paragraph (a)(6) hereof, upon a determination that such parking is allowed in the adjacent lot.

      (8)   Such units shall be locked or secured at all times while stored or parked so as to prevent injury to any person or property.

      (9)   None of such units or any recreational equipment parked or stored outside shall be connected to electricity, water, gas or sanitary facilities for living, lodging or housekeeping purposes and none of the same shall be used for living, lodging or housekeeping purposes, except as otherwise authorized under subsection (f) hereof and Section 1484.02 of the Building and Housing Code.

      (10)   All recreational equipment and vehicles shall be maintained in good condition, shall be operable and shall have a current license and/or registration.

   (b)   The parking and/or storage of buses and converted buses in excess of eighteen (18) feet in length, and boats in excess of twenty-two (22) feet in length, is prohibited. A suitable covering shall be placed over all boats whenever stored outside.

   (c)   Not more than one (1) recreational unit, motor home, travel trailer, pickup camper, folding-type trailer, boat or similar and related type unit, and other recreational vehicles as defined by this Zoning Code, may be parked or stored on a vacant residentially zoned lot, except as otherwise authorized by Section 1290.04, Off-Street Parking A Areas; Residential Districts Adjoining Business or Industrial Districts. When stored on a vacant lot, such unit shall be located only on the rear half of such lot.

   (d)   Detachable camper tops shall not be stored in any Residential District except in accordance with this section. Further, camper tops that are not installed on a licensed and operable vehicle must be placed on the ground and stabilized.

   (e)   A recreational vehicle and/or recreational equipment which is officially designated as handicapped in accordance with State law and which is used as the regular means of transportation by or for a handicapped person may be parked within the required setback area.

   (f)   Commercial vehicles of over one (1) ton shall not be parked or stored at any time on property used or zoned residentially. It shall be unlawful for the owner, tenant or lessee of any lot in any residential zoning district to permit the open storage or outdoor parking of semi-tractor (WB-50 or larger) trucks and/or semi-trailers, bulldozers, earth carriers, cranes or any other similar equipment or machinery, unless parked thereon while in use for approved construction on such lot.

   (g)   This section shall not apply to persons who have acquired any of such units prior to March 6, 1978. Such persons, upon request, shall be entitled to receive from the City Clerk a sticker indicating the date of acquisition, upon presenting proof satisfactory to the City Clerk that such unit was acquired prior to March 6, 1978. Such sticker, when lawfully and prominently displayed upon the unit, shall cause the unit and its owner to be exempt from this section.

(Res. 98-340A. Passed 9-21-98.)

No dwelling unit shall be built, moved or converted upon a lot having a frontage of less than twenty (20) feet upon a public street, or upon a private street or other permanent easement giving access to a public street. No building permit shall be issued for any construction located on any lot or parcel of land in the City that does not abut on a public street or highway. All access to a public street, or upon a private street or other permanent easement giving access to a public street, shall be hard surfaced with concrete or plant-mixed bituminous material, and shall meet the requirements of Chapter 1290, Off-Street Parking and Loading. However, this Zoning Code shall not be the basis for preventing the issuance of a building permit for ordinary repair or maintenance of any building that is already erected on the date of adoption of this Zoning Code upon a lot or parcel of land that does not so abut such a street or highway.

(Res. 98-340A. Passed 9-21-98.)

No structure, wall, fence, shrubbery or tree shall be erected, maintained or planted on any lot, which structure, wall, fence, shrubbery or tree will obstruct the view of the driver of a vehicle approaching an intersection, except that shrubbery and low retaining walls not exceeding two and one-half (2 ½) feet in height above the curb level, and shade trees where all branches are not less than eight (8) feet above the street level, will be permitted. For residential corner lots, this unobstructed area will be a triangular section of land formed by two (2) street curblines and a line connecting them at points twenty-five (25) feet from the intersection of such curblines.

(Res. 98-340A. Passed 9-21-98.)

The use of any portion of the basement of a partially completed building, or any garage or accessory building, for dwelling or sleeping purposes in any zoning district is prohibited. No dwelling unit shall be erected in an Industrial District. However, the sleeping quarters of a watchman or a caretaker may be permitted in an Industrial District in conformity with the specific requirements of the particular district.

(Res. 98-340A. Passed 9-21-98.)

No residential structure shall be erected upon the rear of a lot. Structures in Residential Districts shall be set back no further than the average front setback of fifty percent (50%) of the structures upon the same block, as determined by the Building Superintendent. Appeals of such determination shall be resolved by the Planning Commission. No residential structure shall be erected upon a lot with another dwelling unless otherwise provided by this Zoning Code.

(Res. 98-340A. Passed 9-21-98.)

Each dwelling hereafter erected or structurally altered shall be located on a lot and, except in the case of a multiple-family residential development, there shall be not more than one (1) main building on any single lot.

(Res. 98-340A. Passed 9-21-98.)

Accessory buildings and structures, except as otherwise permitted in this chapter, shall be subject to the following regulations:

   (a)   General Standards.

      (1)   Accessory buildings, structures and uses are permitted only in connection with, incidental to and on the same lot with, a principal building, structure or use which is permitted in the particular zoning district. An accessory building, structure or use must be in the same zoning district as the principal building, structure or use on a lot.

      (2)   No accessory building, structure or use shall be occupied or utilized unless the principal structure to which it is accessory is occupied or utilized. No accessory building, structure or use may be placed on a lot without a principal building, structure or use.

      (3)   Where the accessory building is structurally attached to a main building, it shall be subject to and must conform to all regulations of this Zoning Code applicable to main or principal buildings.

      (4)   An accessory building shall be located in the rear yard except when structurally attached to the main building.

      (5)   All accessory buildings, structures and uses combined shall cover no more than fifty percent (50%) of any rear yard, subject to setback, lot coverage and other standards of this Zoning Code. Accessory buildings shall not be erected in any required yard, except in a rear yard, except that accessory buildings, structures and uses may be erected in any required side yard when set back a minimum of seventy- five (75) feet from the front lot line. No accessory building, structure or use shall be erected in any yard with public street right-of-way frontage, including all such sides of a corner lot. In no instance shall such a building be nearer than three (3) feet to any adjoining lot line, except that on a corner lot the entrance to a garage shall not be less than eight (8) feet from the lot line adjacent to the side street, except as provided in paragraph (a)(9) hereof and subsection (b) hereof.

      (6)   An accessory building, not exceeding one (1) story or sixteen (16) feet in height, measured from grade to the highest roof beams of a flat roof and to the ridge line for mansard, gable, hip and gambrel roofs, may occupy not more than twenty-five percent (25%) of a required rear yard, plus forty percent (40%) of any non-required rear yard, provided that in no instance shall the accessory building exceed the ground floor area of the building.

(Res. 07-365A. Passed 11-5-07.)

      (7)   No detached accessory building shall be located closer than ten (10) feet to any main or principal building, nor shall it be located closer than three (3) feet from any side or rear lot line or public street right-of-way.

      (8)   In the case of double frontage lots, accessory buildings shall observe front yard requirements on both street frontages wherever there are any principal buildings fronting on such streets in the same block or adjacent blocks.

      (9)   In the case of an accessory building located in the rear yard on a corner lot, the side lot line of which is substantially a continuation of the required front yard setback of the lot to its rear, such accessory building shall be set back from the street side at least as far as the required front yard setback of the lot at the rear of the subject corner lot.

      (10)   The total area occupied by a detached accessory building, other than a garage on the lot, shall not exceed one-hundred-fifty (150) square feet. No accessory building may be closer than four (4) feet to any other accessory building.

      (11)   No detached accessory building or structure shall be occupied for residential purposes or used as habitable space. Sleeping, eating, cooking or office uses shall not be permitted in detached accessory structures or buildings.

(Res. 07-365A. Passed 11-5-07.)

   (b)   Garages. In any Residential District, no garage shall be erected closer to the side lot line than the permitted distance for the dwelling, unless the garage is completely to the rear of the dwelling, in which event the garage may be erected three (3) feet from any interior side lot line. No garage or portion thereof shall extend into the required front yard area. Attached garages of fireproof construction may be erected to extend beyond the front line of the house in those areas which are being developed according to a common plan that includes the construction of attached garages extending beyond the front line of the house, provided that such garages shall not encroach in or upon the minimum front yard area as required by this Zoning Code, and provided, further, that the cornice, eaves or overhang shall not extend more than six (6) inches into the required front or side yard area. No garage, utility building or accessory building shall be constructed upon or moved to any parcel of property until the principal building thereon, or intended to be placed thereon, is at least two-thirds (2/3) completed.

   (c)   Swimming Pools, Spas, and Hot Tubs.

      (1)   Swimming pools, spas, hot tubs, or similar devices (below ground or above ground) which contain twenty-four (24) inches or more of water in depth at any point, shall be enclosed by a solid or impervious fence or enclosure approved by the Building Superintendent, surrounding the device sufficient to make such device inaccessible to small children. Such fence or enclosure, including the gates, shall not be less than four (4) feet or greater than six (6) feet above grade. All gates shall be self-latching with latches placed no less than four (4) feet above grade or otherwise made inaccessible from the outside to small children.

      (2)   For swimming pools, spas, hot tubs, and similar devices in excess of two (2) feet above grade, the edge of such pool shall be a minimum of six (6) feet from any lot line. Such devices two (2) feet or less above grade shall not be located less than four (4) feet from any lot line. No such devices shall be located in any front yard.

   (d)   Mechanical Equipment. Mechanical equipment, such as blowers, ventilating fans and air conditioning units, shall be placed not closer than three (3) feet to any lot line in any business district, and not closer than twelve (12) feet to any lot line in all other districts.

   (e)   Flagpoles. Flagpoles in Single Family Residential Districts shall not exceed forty (40) feet in height and may be illuminated, provided the source of illumination is designed, located, and shielded to prevent glare onto adjacent properties, and shall be arranged to prevent adverse effects on motorist visibility on adjacent rights-of-way.

   Flagpoles in other than Single Family Residential Districts shall not exceed one-hundred (100) feet in height and may be illuminated, provided the source of illumination is designed, located, and shielded to prevent glare onto adjacent properties, and shall be arranged to prevent adverse effects on motorist visibility on adjacent rights-of-way.

(Res. 98-340A. Passed 9-21-98.)

   (a)   Purposes. In order to regulate and control the problems of noise, odor, light, fumes, vibration, dust, danger of fire and explosion and traffic congestion, which result from the unrestricted and unregulated construction and operation of automotive service stations and automotive repair centers, and to regulate and control the adverse effects which these and other problems incidental to automotive service stations and repair centers may exercise upon adjacent and surrounding areas, the following regulations and requirements are provided for automotive service stations and repair centers located in any zone. All automotive service stations and repair centers erected after the effective date of this Zoning Code shall comply with this section. No automotive service station or repair center existing on the effective date of this Zoning Code shall be structurally altered so as to provide a lesser degree of conformity with this section than existed on the effective date of this Zoning Code.

   (b)   Minimum Area and Frontage. An automotive service station or repair center shall be located on a lot having a frontage along the principal street of not less than one-hundred- fifty (150) feet and having a minimum area of fifteen-thousand (15,000) square feet.

(Res. 98-340A. Passed 9-21-98.)

   (c)   Setbacks. An automotive service station or repair center building housing an office and/or facilities for servicing, greasing and/or washing motor vehicles shall be located not less than forty (40) feet from any street lot line and not less than fifteen (15) feet from any side or rear lot line directly adjoining a residentially zoned district. In cases where the side or rear line abuts an open public alley, the structure may be constructed on such property line.

   No automotive fueling station, service station or repair center shall be permitted within a five thousand (5,000) foot radius of an existing automotive fueling station, service station or repair center. Measurement of the five thousand (5,000) foot radius shall be made from the outermost boundaries of the lot or parcel upon which the proposed automotive fueling station, service station or repair center will be situated.

   (d)   Driveway and Curbs.

      (1)   All driveways providing ingress to or egress from an automotive service station or repair center shall comply with the standards of Chapter 1290, Off-Street Parking and Loading, and shall not be more than thirty (30) feet wide at the property line. Not more than one (1) curb opening shall be permitted along any street. No driveway or curb opening shall be located nearrer than twenty (20) feet to any corner or exterior line, as measured along the property line. No driveway shall be located nearer than thirty (30) feet, as measured along the property line, to any other driveway.

      (2)   A raised concrete curb, six (6) inches in height, shall be erected along all street lot lines, except for driveway openings.

   (e)   Paved Areas. The entire lot, excluding the area occupied by a building, shall be hard surfaced with concrete or a plant-mixed bituminous material, except desirable landscaped areas, which shall be separated from all paved areas by a raised concrete curb, six (6) inches in height.

   (f)   Equipment Location. All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All gasoline and fuel pumps shall be located not less than fifteen (15) feet from any lot line and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any public sidewalk, street or right of way.

   (g)   Number of Pumps. An automotive service station or repair center located on a lot having an area of fifteen-thousand (15,000) square feet shall include not more than four (4) double gasoline and fuel pumps or eight (8) single gasoline and fuel pumps and two (2) enclosed stalls for servicing, lubricating, greasing and/or washing motor vehicles. An additional two (2) gasoline and fuel pumps and/or one (1) enclosed stall may be included with the provision of each additional two-thousand (2,000) square feet of lot area.

   (h)   Walls. Where an automotive service station or repair center adjoins property located in any residential district, a solid, ornamental, masonry wall, six (6) feet in height, shall be erected and maintained along the interior lot line, or if separated from the residential district by an alley, then along the alley lot line. In addition, all trash areas or used tires, automotive parts and other items shall be enclosed on all sides by the required six (6)- foot masonry wall. Such walls shall be constructed of the same materials as that of the main or principal building, and be faced with either brick, decorative block, or pre-cast concrete formed into a decorative pattern and painted in the same color scheme as that of the principal building. All masonry walls shall be protected by a fixed curb or barrier to prevent vehicles from contacting the wall. The masonry wall may be required by the Building Superintendent where the service station or repair center adjoins a nonresidential use, such as a professional office building, clinic or day nursery, or a landscaped area of any other nonresidential use. Walls may be gradually reduced in height (e.g. stepped down) within twenty-five (25) feet of any street right-of-way line.

   (i)   Lighting. All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from adjacent and neighboring property, and shall comply with all requirements of this Zoning Code.

   (j)   Prohibited Locations. No automotive service station, repair center, or public garage shall be located nearer than two-hundred (200) feet, as measured from any point on the property line, to any school, playground, church, hospital or other such use where large numbers of people congregate.

   (k)   Outdoor Storage and Parking. All repair work shall be conducted completely within an enclosed building. There shall be no storage of vehicle components and parts, trash, supplies or equipment outside of a building. Outdoor storage or parking of vehicles or trailers, other than private passenger automobiles, shall be prohibited between 10:00 p.m. and 7:00 a.m. of the following day, except that equipment rental operations shall be permitted if incidental to the automotive service station or repair center, and if restricted to travel trailers or campers of under twenty-one (21) feet overall length, car-top carriers and similar auto accessories. Such operations shall be within fenced enclosures observing the same setbacks as required for buildings in the zoning district wherein the automotive service station or repair center is located, and their storage area shall not exceed twenty percent (20%) of the area of the service station or repair center site.

   (l)   Removal of Underground Storage Tanks. In the event that an automobile service station use has been abandoned or terminated for a period of more than one (1) year, all underground gasoline storage tanks shall be removed from the premises.

   (m)   Signs. There shall be compliance with Chapter 1476, Signs, of the Building and Housing Code.

      (1)   Extent that the proposed site can effectively accommodate and control the problems of noise, odor, light, fumes, vibration, dust, danger of fire and explosion, and traffic congestion associated with automatic service stations and repair centers.

      (2)   Extent that the proposed site can operate as an automotive service station or repair center without negatively impacting traffic safety or adjacent uses.

      (3)   Existing and proposed building placement.

      (4)   On-site traffic circulation.

      (5)   Proximity to residential uses.

      (6)   Visual impacts.

(Res. 98-340A. Passed 9-21-98; Res. 2012-258A. Passed 8-20-12, effective 9-5-12.)

The carrying out of repair, restoration and maintenance procedures or projects on vehicles in any Residential Zoning District, when such work is not conducted entirely within the interior of the vehicle, shall be subject to the following limitations:

   (a)   Procedures exceeding forty-eight (48) hours in duration, or which require the vehicle to be immobile or inoperable in excess of forty-eight (48) hours, shall be carried out within an enclosed building.

   (b)   Inoperable vehicles, vehicle parts, equipment, tools, and supplies shall be stored within an enclosed building.

   (c)   Only vehicles owned or operated by a member of the immediate family residing at a given residence may be repaired, restored, maintained, or stored at that residence at any given time, whether or not such work is conducted entirely within the interior of the vehicle.

(Res. 98-340A. Passed 9-21-98.)

   (a)   When a drive-in or drive-through establishment adjoins property located in any Residential District, a solid masonry wall, ornamental on both sides, six (6) feet in height, shall be erected and maintained along the interior line, or if separated from the residential zone by an alley, then along the alley lot line. In addition, all outside trash areas shall be enclosed by such six (6)-foot masonry wall. Such walls shall be constructed of the same materials as that of the main or principal building, and be faced with either brick, decorative block, or pre-cast concrete formed into a decorative pattern and painted in the same color scheme as that of the principal building. Such wall shall be protected from possible damage inflicted by vehicles using the parking area by means of precast concrete wheel stops at least six (6) inches in height, or by firmly implanted bumper guards not attached to the wall, or by other suitable barriers.

   (b)   The entire parking area shall be paved with a permanent surface of concrete or plant- mixed bituminous material and shall be graded and drained in accordance with Section 1290.04(b)(4), Off-Street Parking A Areas; Residential Districts Adjoining Business or Industrial Districts. Any unpaved area of the site shall be landscaped with lawn or other horticultural materials, maintained in a neat and orderly fashion at all times and separated from the paved area by a raised concrete curb, six (6) inches in height.

   (c)   Lighting shall be installed in a manner which will not create a driving hazard on abutting streets or which will not cause direct illumination on adjacent residential properties, and shall comply with all other requirements of this Zoning Code.

   (d)   Adequate ingress and egress shall be provided as prescribed in Chapter 1290, Off-Street Parking and Loading.

   (e)   Before approval is given for any use, a site plan shall be submitted to the Police Department and the Fire Department before submittal to the Planning Commission, for review pursuant to Section 1296.01, Site Plan Review, as to the suitability of the location of entrances and exits to the site, parking area, screening, lighting and other design features.

(Res. 98-340A. Passed 9-21-98.)

   (a)   Any building or structure which has been wholly or partially erected on any premises located within the City shall not be moved to and be placed upon any other premises in the City until a building permit for such removal has been secured under Section 1262.03, Building Permits. Any such building or structure shall fully conform to this Zoning Code in the same manner as a new building or structure. No building or structure shall be moved into the City from outside the City limits.

   (b)   Before a permit may be issued for moving a building or structure, the Building Superintendent, the Director of Community Improvement and the Superintendent of Public Works shall inspect the same and determine if it is in a safe condition to be moved, whether or not it may be reconditioned to comply with the Building Code and other City requirements for the use and occupancy for which it is to be used, and whether or not it will be of similar character with the buildings in the area where it is to be moved. In addition, clearances shall be obtained from all utility companies ensuring that utilities are discontinued and all facilities accounted for. Special inspection fees may be charged to cover costs of inspecting the old site and the new site of such building or structure. If these conditions can be complied with, a building permit shall be issued for the moving of such building or structure. Such permit shall carry the verification of the Building Superintendent.

A minimum sloping grade of one (1) foot above the street level, or other grade established by the City Engineer, shall be required of all buildings having a front yard space. Where front yard space is provided in excess of twenty-five (25) feet, the grade may be increased an additional one-fourth (1/4) inch for each foot of additional front yard space to fifty (50) feet. In no case shall the grade exceed eighteen (18) inches above the street. All rear yards shall be graded so as to provide a gradual sloping grade from the rear wall of the building to the rear lot line. The grade at the rear wall shall be substantially the same as that established at the front wall. The grade at the rear lot line shall be as established by the Building Superintendent.

(Res. 98-340A. Passed 9-21-98.)

Temporary principal or accessory buildings, structures and uses may be permitted, subject to the following conditions:

   (a)   Temporary buildings and structures may only be used for the storage of construction materials, tools, supplies and equipment, for construction management and supervision offices, and for temporary on-site sanitation, solid waste or fuel facilities related to construction activity on the same lot.

   (b)   No temporary building or structure shall be used as a dwelling unit.

   (c)   The placement of temporary buildings and structures shall be in conformance with the requirements of this Zoning Code. A building permit for such building or structure shall be issued by the Building Superintendent prior to installation.

   (d)   Temporary buildings and structures shall be removed from the lot within fifteen (15) days after an occupancy permit is issued by the Building Superintendent for the permanent structure on such lot, or within fifteen (15) days after the expiration of a building permit issued for construction on such lot.

   (e)   Temporary uses and seasonal or special events may be allowed in any district upon issuance of a permit, when meeting the standards listed below and in compliance with paragraph (e)(4) hereof.

      (1)   No seasonal or temporary sales shall be allowed with exception to agriculturally produced goos such as Christmas trees or flowers. Special events or seasonal sales of agriculturally produced goods may be allowed on any lot in an MBD district with a permitted principal building. Special events or seasonal sales of agriculturally produced goods may also be allowed on a vacant lot within an MBD district when providing the minimum setback for buildings, structures, and parking required in that district.

         A.   Adequate off-street parking shall be provided and seasonal sales shall not occupy parking spaces required under Section 1290.02 for the permitted principal business.

         B.   The applicant shall specify the exact duration of the temporary use.

         C.   Electrical and utility connections shall be approved by the Building Official.

         D.   Seasonal sales must not obstruct or encroach in the clear vision sight lines of streets, alleyways, driveways, or bicycle paths.

         E.   Temporary structures such as tents or stands shall not exceed ten (10) feet in height.

         F.   Applicants must obtain a temporary certificate of occupancy from the Building Inspector. (Res. 2012-258A. Passed 8-20-12, effective 9-5-12.)

      (2)   If the petitioner is not the owner of the property, the petitioner shall provide written permission of the owner of the property to allow such an event.

      (3)   Special standards for carnivals, circuses, farmers markets, outdoor temporary flea markets and similar events shall be as follows:

         A.   Approval for these types of uses shall be given by Council. Council shall consider the intensity of the proposed use in relation to adjacent land uses and sufficiency of parking. Council may require site improvements, such as fencing, and restrict hours of operation to help ensure compatibility with surrounding land uses.

         B.   The applicant shall provide information establishing that reasonable liability insurance coverage is carried, as determined by the City's insurance carrier.

         C.   The sketch plan for the event shall include a description of traffic flow and parking management to ensure safe and efficient traffic operations without creating unreasonable congestion on public streets.

         D.   Farmers markets which are to occur on a regular schedule shall be permitted only in commercially zoned districts. Council may extend the time period for the temporary use permit so that a separate permit is not required for each event within any one (1) calendar year, provided the number of dates and a schedule are established at the time of application.

      (4)   One (1) parking space shall be provided for each eight-hundred (800) square feet of gross lot area used for the activity (not including storage areas), plus additional parking space for any structure utilized for retail sales computed in accordance with the requirements for retail stores.

      (5)   A sketch plan (to scale) shall be provided illustrating:

         A.   Property lines.

         B.   Adjacent uses and zoning districts.

         C.   Existing and proposed buildings and structures.

         D.   Location of any areas for storage, such as inventory not being displayed.

         E.   Fire hydrants.

         F.   Layout of parking.

         G.   Boundaries of proposed sales areas.

         H.   The location and size of any proposed sign (off-premise signs shall also be mapped).

      (6)   All equipment, materials, goods, poles, wires, signs and other items associated with the temporary uses shall be removed from the premises within five (5) days of the end of the event. Following the five (5)-day period, the City shall use the escrow fee to clear such items from the property.

      (7)   The length of a temporary use or sales event shall not exceed seven (7) days, except that sales of agriculturally produced goods such as Christmas trees or flowers are permitted for up to ninety (90) days.

   (f)   Review and Approval Procedures, Permit Fees and Required Escrow for Temporary Uses and Sales Events.

      (1)   Except as otherwise noted above for carnivals, circuses, farmers markets and similar events as defined by the Building Superintendent, the Superintendent shall review and approve requests for a temporary use or seasonal event. Where appropriate, the Superintendent shall consult with the Police Chief and Fire Chief. If the request is denied, the Superintendent shall state the reasons for denial in writing and provide a copy to the applicant.

      (2)   The applicant shall pay a non-refundable permit fee to the City Treasurer. The fee shall be established and modified, from time to time, by Council. The amount of the permit fee may vary depending upon the type of event.

      (3)   The proprietor of the temporary use or seasonal event shall deposit a cash bond or similar type of escrow, in an amount established by Council, prior to the issuance of a permit. The escrow shall be used by the City to pay the cost of returning the property to its state prior to commencement of the event or refunded to the proprietor upon compliance with the requirements of this Zoning Code and any other applicable ordinances.

   (4)   The sign standards provided in Chapter 1476, Signs, permit signs, signs for temporary uses and seasonal events. A separate non-refundable sign permit fee is required in an amount established, and periodically amended, by Council. The City shall also require an escrow, in an amount established by Council, to cover the cost of removing signs if not removed by the applicant within one (1) business day following the event. This escrow account shall be in addition to that listed in paragraph (f)(3) hereof. If the signs are removed as required, the sign escrow account shall be refunded to the applicant. (Res. 2020-299A. Passed 10-5-20, effective 10-19-20.)

(Res. 98-340A. Passed 9-21-98; Res. 2012-258A. Passed 8-20-12, effective 9-5-12; Res. 2012-259A. Passed 8-20-12, effective 9-5-12.)

The construction, maintenance or existence within the City of any unprotected, unbarricaded, open or dangerous excavations, holes, pits or wells, or of any excavations, holes or pits which constitute or are reasonably likely to constitute a danger or menace to the public health, safety or welfare, is prohibited. However, this section shall not prevent any excavation under a permit issued pursuant to this Zoning Code or the Building Code where such excavation is properly protected and warning signs are posted in such a manner as may be approved by the Building Superintendent. Excavation required for swimming pools is excepted from excavating provisions of this section, provided that all necessary permits are obtained and the pool is constructed within thirty (30) days of the excavation. Excavation and site preparation for building foundations is excepted from the excavating provisions of this section, provided that such work is considered incidental to building construction and all necessary permits have been obtained.

(Res. 98-340A. Passed 9-21-98.)

The use of land for the excavation, removal, filling or depositing of any type of earth material, topsoil, gravel, rock, garbage, rubbish or other wastes or byproducts is not permitted in any zoning district, except under a certificate from, and under the supervision of, the Building Superintendent, in accordance with a topographic plan, approved by the City Engineer, submitted by the fee-holder owner of the property concerned. The topographic plan shall be drawn at a scale of not less than fifty (50) feet equals one (1) inch and shall show existing and proposed grades and topographic features and such other data as may from time to time be required by the City Engineer. Such certificate may be issued in appropriate cases, upon the filing with the application of a cash bond or surety bond by a surety company authorized to do business in the State, running to the City, in an amount as established by the City Engineer, which bond will be sufficient in amount to rehabilitate the property upon default of the operator of such other reasonable expenses. This regulation does not apply to normal soil removal for basement or foundation work when a building permit has previously been duly issued by the Superintendent.

(Res. 98-340A. Passed 9-21-98.)

Nothing in this Zoning Code shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Building Superintendent, or required compliance with his or her lawful order.

(Res. 98-340A. Passed 9-21-98.)

Nothing in this Zoning Code shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of this Zoning Code, and upon which actual building construction has been diligently carried on, provided that such building shall be completed within one (1) year from the date of passage of this Zoning Code.

(Res. 98-340A. Passed 9-21-98.)

This Zoning Code shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a Municipal, State, Federal, or other public election.

(Res. 98-340A. Passed 9-21-98.)

No proposed plat of a new subdivision shall hereafter be approved by Council unless the lots within such plat equal or exceed the minimum size and width requirements set forth in the various zoning districts, and unless such plat fully conforms with the statutes of the State, this Zoning Code, and these Codified Ordinances.

(Res. 98-340A. Passed 9-21-98.)

   (a)   Essential public services shall be permitted in any zoning district as authorized and regulated by law and other provisions of this Zoning Code and these Codified Ordinances, it being the intention hereof to exempt such essential services from the application of this Zoning Code.

   (b)   The Zoning Board of Appeals may permit the erection and use of a building, or an addition to an existing building, for a public service corporation or for public utility purposes, in any permitted district, to a greater height or of a larger area than the district requirement herein established, and may permit the location in any use district of a public utility building, structure or use, if the Board finds such use, height, area, building or structure reasonably necessary for the public convenience and services, and if such building, structure or use is designed, erected and landscaped to conform harmoniously with the general architecture and plan of such district.

(Res. 98-340A. Passed 9-21-98.)

   The erection, construction, or alteration of any sign, as identified in Chapter 1476, Sign Code, shall be approved by the Building Superintendent and reviewed for compliance with Chapter 1476, Sign Code and this Zoning Code.

(Res. 98-340A. Passed 9-21-98; Res. 2020-299A. Passed 10-5-20, Eff. 10-19-20.)

In order to provide adequate protective screening for residential areas adjacent to or near nonresidential areas, the following regulations shall apply:

   (a)   Where a Business or Industrial District abuts directly upon a Residential District, a landscaped greenbelt meeting the requirements of Section 1296.03, Landscaping Standards, shall be provided and maintained along its entire length by the users of the business or industrially zoned property.

   In addition, such Business or Industrial District shall be screened from such contiguous, residentially zoned district by either a building housing a permitted use or by a solid masonry wall, ornamental on both sides, and not less than six (6) feet in height above grade, between the required greenbelt area and the commercial or industrial use. Such walls shall be constructed of the same materials as that of the main or principal building, and be faced with either brick, decorative block, or pre-cast concrete formed into a decorative pattern and painted in the same color scheme as that of the principal building.

   Such greenbelt area shall meet the requirements of Section 1296.03, Landscaping Standards, and be a strip of land not less than fifteen (15) feet in width, planted and maintained with evergreens such as spruce, pines or firs, at least five (5) feet in height, so as to create a permanent buffer within one (1) year following approval of the development by the City.

   If, in the opinion of the Planning Commission, the greenbelt would serve no good purpose, the Commission may waive such requirement and provide only the wall between the residential use and the business or industrial use.

   The remainder of the landscaped area which is not planted with evergreens as provided in this subsection shall meet the requirements of Section 1296.03, Landscaping Standards, and be in well kept lawns. All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance. All planting plans shall be first submitted to the Planning Commission for approval as to suitability of planting materials and arrangements thereof in accordance with this subsection and said Section 1296.03.

   When vehicles, open air displays, waste receptacles, or other features generally exceed a six (6) foot height, the wall shall be increased to a height adequate to completely screen such features, not exceeding ten (10) feet. All such walls shall be of uniform height around the premises and the design of such wall shall be first approved by the Commission.

   (b)   Where required walls are provided on the business side of public alleys, wall requirements may be waived to provide necessary entrance to or exit from required off-street parking and loading areas, provided the parking area is in mid-block with no possibility for street ingress or egress, and provided, further, that such opening, if approved by the Police Department, the Traffic Division, and the Commission, shall be stepped down to a three (3)-foot level for a minimum of ten (10) feet on each side of the opening.

(Res. 98-340A. Passed 9-21-98.)

   (a)   No fence more than thirty-six (36) inches high and no more than forty-nine percent (49%) solid or impervious shall be constructed in front of a building. Such fence must be ornamental in design. Fences in a rear or side yard, in back of the rear building line, shall be not more than six (6) feet high, unless specifically authorized elsewhere within this Zoning Code. A security fence for a permitted use may include a maximum of one (1) additional foot of barbed wire in an Industrial District only.

   (b)   No fence shall be erected or maintained in such a way as to obstruct the vision of motorists exiting driveways. No fence or wall in a front yard on a corner lot, within a triangular section of land formed by the two (2) street curblines and a line connecting them at points twenty-five (25) feet from the intersection of such curblines, shall exceed thirty (30) inches in height above the curb level.

   (c)   Fences may be placed up to a lot line. No parts of any fences, including foundations, may extend beyond any lot line.

   (d)   No chain link fence shall be erected in any front yard within a Residential District, unless enclosing a retention pond that has been approved by the Planning Commission.

   (e)   The finished sides of fences in a rear or side yard shall face away from the property on which they are placed. If a fence exists in the rear or side yard of an adjacent lot, only one (1) other fence may be placed along the adjoining boundaries of such adjacent lot. Areas between abutting fences must be maintained in accordance with this Zoning Code and these Codified of Ordinances.

   (f)   No fence, wall or screen shall be erected within any public right-of-way, unless approved by Council.

   (g)   The use of electric current or charge on any fence or part thereof is prohibited. Electronic fences buried beneath the ground are not regulated by this section.

(Res. 98-340A. Passed 9-21-98.)

There shall be five (5) separate and distinct front elevations for constructing the front or face of a building for every ten (10) residences so contemplated, and it shall not be permissible to have two (2) like front elevations adjacent to each other. In built-up areas where scattered vacant lots are located between or beside existing dwellings at the time of applying for a permit to build on such a vacant lot, it will be necessary to submit photographs of the front elevation of the dwellings on each side of the proposed residence so no two (2) residences will have the same type of front elevation.

(Res. 98-340A. Passed 9-21-98.)

Any use permitted by this Zoning Code is subject to compliance with the performance standards set forth in this section. No use hereafter established shall exceed the limits set forth in this section, except as provided in this Zoning Code.

   (a)   Noise. No operation or activity shall be carried out in any zoning district, which operation or activity causes or creates measurable noise levels exceeding the maximum sound pressure levels prescribed in this section, as measured on or beyond the boundary lines of such district. A sound level meter and an octave band analyzer shall be used to measure the intensity and frequency of the sound or noise levels encountered by day and/or by night. Sounds with very short duration, which cannot be accurately measured with a sound level meter, shall be measured by an impact noise analyzer, and the maximum levels below may be exceeded by no more than five (5) decibels. Where questions on noise arise, the current standards recognized by the U.S. Department of Housing and Urban Development shall apply.

      (1)   The maximum permitted sound pressure levels, in decibels, are as follows:

 

   For purposes of this Zoning Code, impact noises shall be considered to be those noises whose peak values are more than seven (7) decibels higher than values indicated on the sound level meter.

      (2)   The maximum permitted sound pressure levels, in decibels (post-1960 preferred frequencies), are as follows:

 

   A scale level (for monitoring purposes) dB(A) where street traffic noises directly adjacent to the boundary line exceed these maximum permitted levels, the intensity levels permitted may then exceed those levels specified in the tables but may not exceed the level of the subject adjacent street traffic noises. In addition, sounds of an intermittent nature or characterized by high frequencies, which sounds the Building Superintendent deems to be objectionable in adjacent districts, shall be controlled so as not to generate a nuisance in adjacent districts, even if the decibel measurement does not exceed that specified in such tables.

   (b)   Dust, Soot, Dirt, Fly Ash and Products of Wind Erosion. No person shall operate or cause to be operated or maintained any process for any purpose, a furnace or a combustion device for the burning of coal and/or other natural or synthetic fuels without maintaining and operating, while using the process, furnace, or combustion device, recognized and approved equipment, means, methods, devices or contrivances to reduce the quantity of gas-borne or air-borne solids carried in fumes emitted, directly or indirectly, into the open air, to a concentration level (per cubic foot of the carrying medium at a temperature of five-hundred (500) degrees Fahrenheit) not exceeding two-tenths (0.20) grains. These standards are not intended to apply to residential uses, such as chimneys for a fireplace or wood/coal burning stoves.

   For the purpose of determining the adequacy of such devices, these conditions shall be conformed to when the percentage of excess air in the stack does not exceed fifty percent (50%) of the full load. The foregoing requirements shall be measured by the ASME Test Code for dust separating apparatus. All other forms of dust, dirt and fly ash shall be completely eliminated insofar as escape or emission into the open air is concerned. The Building Superintendent may require such additional data as deemed necessary to show that adequate and approved provisions for the prevention and elimination of dust, dirt and fly ash have been made.

   (c)   Smoke. No person shall discharge into the atmosphere, from any single source of emission, excepting smoke from a chimney for a fireplace or wood/coal burning stove in a residential structure, any smoke of a density or equivalent capacity which exceeds, for any period of time, the density designated as No.1 on the Ringelmann Chart, except when the emission consists of only water vapors, or the shade or appearance of which is equal to, but not darker than No. 2 of the Ringelmann Chart, for a period, or periods, aggregating four (4) minutes in any thirty (30) minutes. The Ringelmann Chart, as published by the United States Bureau of Mines, which chart is hereby made a part of this Zoning Code by reference, shall be the standard. However, the umbrascope readings of smoke densities may be used when correlated with the Ringelmann Chart.

   (d)   Vibration. Machines or operations which cause vibration shall be permitted, but no operations shall be permitted to produce ground transmitted oscillations which cause a displacement exceeding that specified in the following tables and/or as measured at the property line. These vibrations shall be measured with a seismograph or accelerometer, preferably the former.

   For purposes of this section, steady state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than sixty (60) per minute. Discrete impulses which do not exceed sixty (60) per minute shall be considered impact vibrations.

      (1)   The minimum permitted steady state vibration, in inches, is as follows:

 

 

      (2)   The maximum permitted impact vibration, in inches, is as follows:

 

 

   Between 8:00 p.m. and 6:00 a.m. of the following day, all maximum vibration levels, as measured at the boundary line of residentially used areas adjacent to non-residentially zoned districts, shall be reduced to one-half (½) the indicated permissible values by those activities causing the vibration.

   (e)   Odor. The emission of noxious, odorous matter in such quantities as to be readily detectable at a point along any property line, when diluted in a ratio of one (1) volume of odorous air to four (4) or more volumes of clean air, so as to produce a public nuisance or hazard beyond lot lines, is prohibited.

   (f)   Glare, Heat and Light. Any operation producing intense glare or heat (such as or similar to arc welding or acetylene torch cutting), which emits harmful rays, shall be performed within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot lines and as not to create a public nuisance or hazard along such lot lines, except during the period of construction of the facilities to be used and occupied. Bare bulbs used in or near a residentially used area shall be not greater than ten (10) watts. Within five-hundred (500) feet of a residentially zoned area, bare bulbs which are visible in the residential area may not exceed fifteen (15) watts. Exterior lighting shall be so installed that the surface of the source of light shall not be visible from the nearest residential district boundary and it shall be so arranged to reflect light away from any residential use. In no case shall more than one (1) foot-candle power of light cross a lot line five (5) feet above the ground. In no case shall more than ten (10) foot- candle power of light exist at any given point on site. Illumination levels shall be measured with a foot-candle meter or sensitive photometer and expressed in foot-candles. Exterior spot lighting or other illumination shall be so installed as to eliminate any nuisance to adjoining Business and Industrial Districts or the creation of a traffic hazard on public highways.

   (g)   Fire and Safety Hazards. The storage and handling of flammable liquids, liquefied petroleum gases, and explosives, ranging from free or active burning to intense burning, as determined by the Fire Chief, and highly toxic and highly radioactive materials shall comply with all State rules and regulations; regulations as established by the Fire Prevention Act, Act 207 of the Public Acts of 1941, as amended (MCLA 29.1 et seq.); the Flammable and Combustible Liquids Code (pursuant to Act 154 of the Public Acts of 1974, as amended); 29 CFR 1910.106; NFiPA prevention codes; and the requirements of the State Fire Marshal. Further, such materials or products, if stored, utilized, or produced within completely enclosed buildings or structures, shall have incombustible exterior walls and meet the requirements of the Building Code. All such buildings or structures shall be set back at least forty (40) feet from lot lines and all such buildings or structures shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by NFiPA prevention codes. Further, all exterior above- ground storage tanks for flammable liquid materials, liquefied petroleum gases, explosives and highly toxic and highly radioactive materials shall be located at least one-hundred- fifty (150) feet from all property lines and shall be completely surrounded by earth embankments, dikes and other types of retaining walls which will contain the total capacity of all tanks so enclosed. Below-ground bulk storage tanks of flammable liquids shall be located not closer to the property line than twice the depth to the bottom of the buried tank.

   (h)   Open Fires. No person operating a permitted use shall cause to be burned any combustible refuse in an open outdoor fire.

   (i)   Sewage Wastes. No industrial sewage wastes shall be discharged into sewers, which wastes will cause a chemical reaction, either directly or indirectly, with the materials of the pipe or other structure so as to impair the strength or durability of sewer structures; cause mechanical action that will destroy or damage the sewer structures; cause restriction of the hydraulic capacity of sewer structures; cause placing of unusual demands on the sewage treatment equipment or process; cause limitation of the effectiveness of the sewage treatment process; cause danger to public health and safety; or cause obnoxious conditions inimical to the public interest. Specific conditions controlling sewage wastes are as follows:

      (1)   The acidity or alkalinity shall be neutralized within an average pH range of between five and one-half (5.5) to seven and one-half (7.5) as a daily average on a volumetric basis, with a permissible temporary variation in pH from four and one-half (4.50) to ten (10.0).

      (2)   The wastes shall contain no cyanides. Wastes shall contain no chlorinated solvents in excess of one-tenth (0.1) parts-per-million (ppm); no fluorides in excess of ten (10) ppm; not more than five (5.0) ppm of hydrogen sulphide; and not more than ten (10.0) ppm of chromates.

      (3)   The wastes shall not contain any insoluble substance in excess of ten-thousand (10,000) ppm; exceed a daily average of five-hundred (500) ppm; fail to pass a No. 8 standard sieve; or have a dimension greater than one-half (½) inch.

      (4)   The wastes shall not have chlorine demand greater than fifteen (15) ppm.

      (5)   The wastes shall not contain phenols in excess of five-hundredths (0.05) ppm.

      (6)   The wastes shall not contain any grease, oil or oily substance in excess of one- hundred (100) ppm or a daily average of twenty-five (25) ppm.

      (7)   The wastes shall not contain any explosive substance.

      (8)   The wastes shall not contain any toxic or irritating substance which will create conditions hazardous to public health and safety.

      (9)   The discharge of mercury from any single source shall be prohibited.

   In addition, specific conditions controlling sewage wastes are regulated under the City of Detroit Ordinance No. 129-H, Chapter 56, Article 6, entitled “Regulate Discharge of Industrial or Commercial Waste Into Wastewater Treatment System of City of Detroit;” the Federal Water Pollution Control Act of 1972 and Public Law 92-500; Act 245 of the Public Acts of 1929, as amended (MCLA 323.1 et seq.); and all requirements of the Department of Public Health, the Department of Natural Resources, and the Department of Environmental Quality, including the National Pollution Discharge Elimination System Permit No. MI 0022802.

   (j)   Gases. The escape of or emission of any gas which is injurious, destructive or explosive is unlawful and may be summarily caused to be abated. Sulphur dioxide gas, as measured at the property line at ground elevation, shall not exceed an average of three-tenths (0.3) ppm; hydrogen sulfide shall not exceed one (1.0) ppm; fluorine shall not exceed one-tenth (0.1) ppm; nitrous fumes shall not exceed five (5.0) ppm; and carbon monoxide shall not exceed fifteen (15.0) ppm, all as measured as the average intensity during any twenty-four (24) hour sampling period.

   (k)   Radio Transmissions; Explosives and Radioactive Materials. For electronic equipment required in an industrial operation, the equipment shall be shielded so that its operation will not interfere with radio, television or other electronic equipment. All explosives and radioactive materials shall be stored and/or used in a manner which does not endanger abutting properties. Radioactive materials and wastes, and including electromagnetic radiation such as X-ray machine operation, shall not be emitted to exceed quantities established as safe by the U.S. Bureau of Standards, when measured at the property line. All transportation, including by rail, of radioactive materials, hazardous waste and toxic waste shall be within permissible standards set by the Federal government. Applicable regulations of the Federal Communications Commission regarding electromagnetic radiation are made a part of this Zoning Code by reference.

   (l)   Drifting and Air-Borne Matter. The drifting or air-borne transmission beyond the lot line of dust, particles or debris from any open stockpile is unlawful and shall be summarily caused to be abated.

   (m)   Nuisances. A person or industry shall not discharge from any source whatsoever such quantities of air contaminants or other materials which cause injury, detriment or nuisance to the public; which endanger the comfort, repose, health or safety of the public; or which cause or have a natural tendency to cause injury or damage to business or property.

   (n)   Compliance With Other Governmental Regulations. Any use permitted in any zoning district must also comply with all applicable Federal, State, County and City health and pollution laws and regulations with respect to noise, smoke and particulate matter, vibration, noxious and odorous matter, glare and heat, fire and explosive hazards, electromagnetic radiation and drifting and air-borne matter.

(Res. 98-340A. Passed 9-21-98.)

 

   (a)   The floor space area per dwelling unit shall be as follows:

 

 

   Not more than five percent (5%) of dwelling units in any building may be of an efficiency type. “Bedroom” excludes kitchens, bathrooms, utility rooms, libraries, dens and rooms for common use of dwelling unit occupants.

   (b)   The land or lot area per dwelling unit shall be as follows:

 

 

   Where building height is four (4) stories or greater, an amenity area shall be provided at a standard of two-hundred (200) square feet per dwelling unit. “Amenity area” means an area intended for use for recreational purposes, including landscaped site areas, patios, balconies, communal lounges, swimming pools and other areas of the site which may be used for recreational purposes, but not including any driveway or parking area.

   (c)   This is the minimum setback only if the building adjoins or is across the street from a Residential District; otherwise, it is a minimum of twenty-five (25) feet.

   (d)   See also Section 1296.02, Site Design Standards for Uses Permitted After Special Approval, for land uses requiring special approval.

   (e)   For two-family residences, a minimum lot width of sixty (60) feet and a minimum lot area of seven-thousand (7,000) square feet shall be provided.

   (f)   The minimum land or lot area shall be four-thousand (4,000) square feet for the first dwelling unit in a multiple-dwelling building, plus two-thousand (2,000) square feet for each additional dwelling unit therein. (Res. 2020-276A. Passed 9-21-20, Eff. 10-7-20.)

   (g)   For every lot on which a multiple, row or terrace dwelling is erected, there shall be provided a side yard on each side of the lot. Each side yard shall be increased beyond the yard spaces indicated by two (2) feet for each ten (10) feet or part thereof by which the length of the multiple, row or terrace dwelling exceeds forty (40) feet in overall dimension along the adjoining side lot line.

   Where two (2) or more multiple, row or terrace dwellings are erected upon the same lot, a minimum yard space of twenty (20) feet in width shall be provided between structures. This yard width shall be increased by two (2) feet for each ten (10) feet or part thereof by which each multiple, row or terrace dwelling structure, having common yards, exceeds forty (40) feet in length on that side of the dwelling structure facing the common yard, or such yard space shall be increased by two (2) feet for each five (5) feet or part thereof by which each permitted multiple-dwelling structure, having common yards, exceeds forty (40) feet in height on that side of the dwelling structure facing the common yard, whichever is greater.

   (h)   The total floor space in all buildings on the lot may not exceed one and one-half (1 ½) times the total net lot area (floor area ratio of 1.5).

   (i)   For planned residential projects permitted after special approval under Section 1270.03, Uses Permitted After Special Approval, in addition to the specific requirements for side and rear yards, each side yard shall be increased beyond the required yard spaces indicated by two and one-half (2 ½) feet for every story in the building, the major portion of which is above three (3) stories or thirty-five (35) feet. Where two (2) or more principal buildings exist on the same parcel, the distance between buildings shall be at least forty (40) feet, plus five (5) feet for every story by which the higher buildings exceed two (2) stories. The minimum distance between a principal structure and an accessory structure located on the same site shall not be less than twenty-five (25) feet if the accessory structure does not exceed twenty-five (25) feet or one (1) story in height; otherwise, the foregoing distances shall prevail.

   (j)   For planned residential projects permitted after special approval under Section 1270.03, Uses Permitted After Special Approval, the minimum lot area shall be one-half (½) acre.

   (k)   Hotels and motels, as permitted, shall have a minimum of two-hundred-fifty (250) square feet of floor space per unit. Where kitchen or cooking facilities are permitted in a motel unit, the minimum floor space per unit shall be four-hundred (400) square feet.

   (l)   The minimum floor area per dwelling unit shall not include areas of basements, breezeways, unenclosed porches, terraces, attached garages, attached sheds or utility rooms.

   (m)   In all Residential, Business and Industrial Districts, the required front yard setback shall not be used for off-street parking, loading or unloading, and shall remain as open space, unoccupied and unobstructed from the ground upward, except for landscaping, plant materials or vehicle access drives.

   (n)   In all Residential Districts, the width of side yards which abut upon a street on the same side or on the opposite side of the same block, upon which other residential lots front, shall not be less than the required front yard setback for homes which front upon such side street.

   (o)   Where an existing front setback line has been established by existing commercial buildings occupying forty percent (40%) or more of the frontage within the same block, or by commercial buildings occupying sixty percent (60%) or more of the frontage with adjacent blocks, such established setback shall apply.

   (p)   In any Commercial District, except for the Regional Business District (RBD), side yards are not required along interior side lot lines directly abutting a public right-of-way, or along interior side lot lines.

   (q)   For a planned residential project in a Multiple Family Residential District (MFRD), some of these requirements may be waived in accordance with Sections 1274.03, Uses Permitted After Special Approval, and 1296.02, Site Design Standards for Uses Permitted After Special Approval.

   (r)   The required twenty-five (25) foot minimum side yard setback under footnote (c), above, may be reduced or waived if a yard setback is provided on the opposite side yard of such a width that the total of the two (2) side yards is at least fifty (50) feet.

   (s)   No rear yard setback is required where property abuts a public alley.

   (t)   Where an existing single-family residence or attached garage extends between three (3) and four (4) feet of a side lot line, an addition or extension to such residence or attached garage may also be set off from such lot line a distance equivalent to the established setback line of the residence or attached garage.

   (u)   The maximum height of a detached accessory building or structure shall be in accordance with Section 1294.13 of this chapter.

(Res. 98-340A. Passed 9-21-98; Res. 01-428A. Passed 7-2-01; Res. 07-365A. Passed 11-5-07.)

   (a)   In the preparation and enactment of this section, it is recognized that there are some uses which, because of their very nature, have serious operational characteristics, which characteristics have a deleterious effect upon residential, office and commercial areas. The regulation of the location of these uses is necessary to ensure that the adverse effects of such uses will not cause or contribute to the blighting or downgrading of the City's residential neighborhoods and commercial centers. It is the intent of this section to provide reasonable regulations for the establishment of these uses in a viable, accessible location where the adverse impact of their operations may be minimized.

   (b)   No adult business shall be permitted within a one-thousand (1,000) foot radius of an existing adult business. Measurement of the one-thousand (1,000) foot radius shall be made from the outermost boundaries of the lot or parcel upon which the proposed adult use will be situated.

   (c)   No adult business shall be permitted within a four-hundred-fifty (450) foot radius of a residential district, school, library, park, playground, licensed day care center, as defined in Act 116 of the Public Acts of 1973, as amended (MCLA 722.111 et seq.), church, convent, monastery, synagogue or similar place of worship. Measurement of the four-hundred-fifty (450) foot radius shall be made from the outermost boundaries of the lot or parcel upon which the proposed adult use will be situated.

   (d)   The provisions of this Zoning Code regarding massage parlors shall not apply to hospitals, sanitariums, nursing homes, medical clinics or the offices of a physician, surgeon, chiropractor, osteopath, psychologist, clinical social worker or family counselor who is licensed to practice his or her respective profession in the State, or who is permitted to practice temporarily under the auspices of an associate or an establishment duly licensed in the State, or to certified members of the American Massage and Therapy Association and certified members of the International Myomassethics Federation.

   (e)   No person shall reside in or permit any person to reside in the premises of an adult business.

   (f)   Adult business uses are subject to Sections 1294.32, Schedule of Area Regulations.

(Res. 98-340A. Passed 9-21-98.)

In all Residential Districts there shall be on every lot a front yard, the depth of which, except as provided in this section, shall be not less than twenty (20) feet in a Single Family Residential District (SFRD). Where a front yard of greater or lesser depth than specified exists in front of a dwelling, on one (1) side of a street in any block in a Single Family Residential District (SFRD), the depth of the front yard of any building thereafter erected or placed on any lot in such block shall be not less, but need not be greater, than the average depth of the front yards of existing dwellings.

(Res. 98-340A. Passed 9-21-98.)

   (a)   Permitted Districts for Wireless Communication Facilities.

      (1)   Subject to the standards and conditions set forth in paragraph (b)(l) below, wireless communication facilities shall be deemed principal permitted uses in the following circumstances, and in the following districts:

         A.   A proposed colocation of an attached wireless communication facility upon an existing attached wireless communication facility, wireless communication support structure, building and/or other structure within any Multiple Family Residential District (MFRD), Community Service District (CSD), Neighborhood Business District (NBD), Municipal Business District (MBD),

   Central Business District (CBD), Regional Business District (RBD), Light Industrial District (LID), or General Industrial District (GID), or any planned unit development, where the existing structure is not, in the discretion of the Planning Commission and Council, proposed to be either materially altered or materially changed in appearance.

         B.   A proposed colocation of an attached wireless communication facility upon an existing attached wireless communication facility, wireless communication support structure, or building and/or other structure which had been pre-approved for such colocation as part of an earlier approval by the City of Lincoln Park.

         C.   A proposed colocation of an attached wireless communication facility upon any Detroit Edison high-tension electrical transmission tower.

         D.   A wireless communication support structure established upon a Municipally owned parcel of property within any Multiple Family Residential District (MFRD), Community Service District (CSD), Neighborhood Business District (NBD), Municipal Business District (MBD), Central Business District (CBD), Regional Business District (RBD), Light Industrial District (LID), or General Industrial District (GID), or any planned unit development. Structures upon such sites shall also be subject to the standards of paragraph (d)(2) below, if the Planning Commission and Council determine that the location is an aesthetically sensitive site.

      (2)   Subject to the standards and conditions set forth below, wireless communication facilities shall be authorized as permitted uses after special approval within the following districts:

         A.   Monopole support structures upon non-Municipally owned parcels of property within any Multiple Family Residential District (MFRD), Community Service District (CSD), Neighborhood Business District (NBD), Municipal Business District (MBD), Central Business District (CBD), Regional Business District (RBD), Light Industrial District (LID), or General Industrial District (GID), or any planned unit development.

         B.   Lattice-style tower support structures upon non-Municipally owned parcels of property within any General Industrial District (GID).

      (3)   If it is demonstrated by an applicant that a wireless communication facility may not be reasonably established as a permitted use under paragraph (a)(1) hereof, and is required to be established outside of a district identified in paragraphs (a)(1) and (2) hereof, in order to operate a wireless communication service, then wireless communication facilities may be permitted elsewhere in the City as a permitted use after special approval, subject to the criteria and standards of paragraphs (b) and (d) hereof.

   (b)   General Regulations for Wireless Communication Facilities.

      (1)   Standards and conditions applicable to all facilities. All applications for wireless communication facilities shall be reviewed in accordance with the following standards and conditions, and, if approved, shall be constructed and maintained in accordance with such standards and conditions. In addition, if the facility is approved, it shall be constructed and maintained with any additional conditions imposed by the Planning Commission and Council at their discretion.

         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.   Wireless communication facilities shall comply with any present and/or future applicable Federal and State standards relative to the environmental effects of radio frequency emissions.

         D.   Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights.

         E.   There shall be a maximum of one (1) support structure per square mile throughout the City. Support structures shall be placed a minimum distance of one-half (½) mile from other support structures.

         F.   The following additional standards shall be met:

            1.   The maximum height of all new or modified attached wireless communication facilities and wireless communication support structures shall be eighty (80) feet, or such lower maximum heights as approved and/or allowed by the Federal Aviation Administration under 14 CFR Part 77. The Zoning Board of Appeals may grant a variance to the height standard if an applicant can demonstrate a higher minimum height is necessary for reasonable communication and the operation of their system. The Zoning Board of Appeals may also grant a variance to the maximum permitted height of a support structure of up to twenty (20) feet in cases where such additional height would permit additional colocations. The accessory building contemplated to enclose such things as switching equipment shall be limited to the maximum height for accessory structures within the respective district.

            2.   The setback of any support structure from any residential district boundary, or from any property line, existing or proposed rights-of-way, or other publicly traveled roads within any residential district shall be at least the height of the highest point of any structure on the premises.

            3.   Where the proposed new or modified support structure abuts a parcel of land zoned for a use other than residential purposes, the minimum setback for monopole support structures, and accessory structures, shall be in accordance with the required setbacks for main or principal buildings as provided in the schedule of regulations for the zoning district in which the support structure is located, unless the Planning Commission and Council determine a greater setback is necessary as provided in paragraph (c)(3) hereof. The minimum setback for any lattice tower support structure shall be the height of the tower. The Zoning Board of Appeals may grant variances for the setback of all support structures in order to reduce their visual impact or to meet colocation requirements.

            4.   There shall be unobstructed access to the support structure, for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. This access shall have a width and location determined by such factors as: the location of adjacent thoroughfares and traffic and circulation within the site; utilities needed to service the tower and any attendant facilities; the location of buildings and parking facilities; the proximity to Residential Districts, minimizing disturbance to the natural landscape; and the type of equipment which will be needed to access the site.

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

            6.   Where an attached wireless communication facility is proposed on the roof of a building, and if the equipment enclosure is proposed as a roof appliance or penthouse on the building, it shall be designed, constructed and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building. If proposed as an accessory building, it shall conform with all district requirements for principal buildings, including yard setbacks.

            7.   Support structures shall be either gray, white, or light blue in color. It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition.

            8.   The support system shall be constructed in accordance with all applicable building codes. The requirements of the Federal Aviation Administration, Federal Communication Commission, and Michigan Aeronautics Commission shall be noted.

            9.   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.

      (2)   Standards and conditions applicable to facilities permitted after special approval. Applications for wireless communication facilities which may be permitted after special approval under paragraphs (a)(2) and (a)(3) hereof shall be reviewed, and, if approved, shall be constructed and maintained in accordance with the standards and conditions in paragraph (b)(1) hereof and in accordance with the following standards (also see subsection (d) hereof for facilities permitted after special approval under paragraph (a)(3) hereof).

         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 an interstate or 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(s) creating facility need.

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

   (c)      Application requirements for wireless communication facilities.

      (1)   A site plan prepared in accordance with Section 1296.01, Site Plan Review, shall be submitted, showing the location, size, screening and design of all buildings and structures, including fences, the location and size of outdoor equipment, and the location, number, and species of proposed landscaping.

      (2)   The site plan shall also include a detailed landscaping plan where the support structure is being placed at a location which is not otherwise developed, or where a developed area will be disturbed. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings and enclosure. In all cases, there shall be shown on the plan fencing which is required for protection of the support structure and security from children and other persons who may otherwise access facilities.

      (3)   The application shall include 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)   The application shall include 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 (f) below. In this regard, the security shall, at the election of Council, be in the form of: A. cash; B. a surety bond; C. a letter of credit; or D. 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 remove the facility in a timely manner as required under this section, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorneys fees incurred by the City in securing removal.

      (5)   The application shall include 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 in the location, and in the area, which are relevant in terms of potential colocation 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 such information which is a trade secret and/or other confidential commercial information which, if released, would result in a commercial disadvantage to the applicant, may be submitted with a request for confidentiality in connection with the development of governmental policy (MCLA 15.243(l)(g)). This section shall serve as a 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 telephone number of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated during all times the facility is on the premises.

   (d)   Special requirements for facilities proposed to be situated outside of an allowable district.  

For facilities which are not permitted uses under paragraph (a)(1) hereof, and are proposed to be located outside of a district identified in paragraph (a)(2) hereof, an application shall be reviewed and, if approved, facilities shall be constructed and maintained in accordance with the following additional standards and requirements, along with those in subsection (b) hereof:

      (1)   At the time of the submittal, the applicant shall demonstrate that a location within a permitted district cannot reasonably meet the coverage and/or capacity needs of the applicant.

      (2)   Wireless communication facilities shall be of a design such as (without limitation) a steeple, bell tower, tree, or other form which is compatible with the existing character of the proposed site, neighborhood and general area, as approved by the Planning Commission.

      (3)   In single-family residential neighborhoods, site locations outside of a district identified in paragraphs (a)(l) and (a)(2) hereof shall be permitted on the following sites (not stated in any order of priority), subject to application of all other standards contained in this section:

         A.   Municipally-owned sites.

         B.   Other governmentally-owned sites.

         C.   Religious or other institutional sites.

         D.   Public parks and other large permanent open space areas, when compatible.

         E.   Public or private school sites.

         F.   Other locations if none of the above is available.

   (e)   Colocation.

      (1)   Feasibility of colocation. Colocation shall be deemed to be feasible for purposes of this section when all of the following conditions are met:

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

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

         C.   The colocation being considered is technologically reasonable, i.e., the colocation will not result in unreasonable interference, given appropriate physical and other adjustments in relation to the structure, antennas, and the like.

         D.   The height of the structure necessary for colocation will not be increased beyond a point deemed to be permissible by the City, taking into consideration the several standards contained in subsections (b) and (d) hereof.

      (2)   Requirements for colocation.

         A.   A permit for the construction and use of a new wireless communication support structure shall not be granted unless and until the applicant demonstrates that a feasible colocation 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 colocation.

         C.   The policy of the City is for colocation. Thus, if a person who owns or otherwise controls a wireless communication facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible colocation, 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.

         D.   If a person who owns or otherwise controls a wireless communication facility shall fail or refuse to permit a feasible colocation, and this requires the construction and/or use of a new support structure, the person failing or refusing to permit a feasible colocation shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of the City, and, consequently, such person shall take responsibility for the violation, and shall be prohibited from receiving approval for a new wireless communication support structure within the City for a period of five (5) years from the date of the failure or refusal to permit the colocation. Such person may seek and obtain a variance from the Zoning Board of Appeals if and to the limited extent that the applicant demonstrates entitlement to variance relief which, in this context, shall mean a demonstration that enforcement of the five (5)-year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services, or that such enforcement would have the effect of prohibiting the provision of personal wireless communication services.

      (3)   Incentive for colocation. Review of an application for colocation, and review of an application for a permit for use of a facility permitted under paragraph (a)(l)A. hereof, shall be expedited by the City.

      (4)   Notification of colocation. An application for a new wireless communication support structure shall include a letter from the applicant to all potential users offering an opportunity for colocation. The list of potential users shall be provided by the City based upon those entities who have requested approval of a wireless communication facility, current Federal Communications Commission license holders, and other entities requesting to be on the list. If, during a period of thirty (30) days after the notice, letters are sent to potential users, a user requests, in writing, to colocate upon the new support structure, the applicant shall accommodate the request(s), unless colocation is not feasible based upon the criteria of this section.

   (f)   Removal.

      (1)   A condition of every approval of a wireless communication facility shall be the adequate provision for removal of all or part of the facility by users and owners upon the occurrence of one (1) or more of the following events:

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

         B.   Six (6) months after new technology is available at reasonable cost, as determined by Council, which permits the operation of the communication system without the requirement of the support structure.

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

      (3)   Upon the occurrence of one (1) or more of the events requiring removal, specified in paragraph (f)(1) hereof, 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 Building Superintendent.

      (4)   If the required removal of a facility or a portion thereof has not been lawfully completed within sixty (60) days of the applicable deadline, and after at least thirty (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 and/or enforced from or under the security posted at the time application was made for establishing the facility.

   (g)   Other Antennas, Towers and Satellite Dish Antennas. Radio or television antennas or towers, including citizen band radio facilities, short wave facilities, ham and amateur radio facilities, television reception antennas, satellite dish antennas and transmission or reception antennas below three-hundred (300) watts of output, but excluding wireless communication facilities, erected or installed in any zoning district, shall comply with the following requirements:

      (1)   An antenna or tower, with the exception of a satellite dish antenna, shall be located only in a side or rear yard. A satellite dish antenna shall be located only in a rear yard.

      (2)   No portion of an antenna, including a satellite dish antenna, shall be located closer than six (6) feet, measured on a horizontal plane, from any side or rear lot line, or placed on any easement.

      (3)   Ground-mounted antennas, including satellite dish antennas, in a yard fronting on a public street shall be screened from such street by landscaping or a wall and the site approved by the Planning Commission, which shall require a sketch plan indicating the location of the satellite dish and buildings, paved areas and other appropriate site features within one-hundred (100) feet of the proposed location.

      (4)   The height of an antenna, with the exception of a satellite dish antenna, shall not exceed fifty (50) feet above mean grade or ten (10) feet above the peak of the roofline, in any Residential Zoning District, and shall not exceed one-hundred (100) feet above mean grade in any other zoning district.

      (5)   The height of a satellite dish antenna, including any platform or structure upon which the antenna is mounted, shall not exceed fifteen (15) feet in height at its maximum point above mean grade.

      (6)   Notwithstanding the above, a satellite dish antenna having a diameter of twenty- four (24) inches or less may be attached to the roof of a building, provided that no portion of the satellite dish antenna extends more than thirty-six (36) inches above the highest point of the roof.

      (7)   The installation of antennas, including a satellite dish antenna, shall require issuance of a building permit prior to erection.

      (8)   The diameter of a satellite dish shall not exceed twelve (12) feet.

      (9)   No advertising or identification display shall be placed on any portion of an antenna or tower, including a satellite dish antenna.

      (10)   No more than two (2) antennas, including a maximum of one (1) satellite dish antenna, shall be located on the same lot as a principal building. Antennas are permitted only in connection with, incidental to and on the same lot as, a principal building, structure or use.

(Res. 98-340A. Passed 9-21-98.)

   (a)   Purpose.

      (1)   It is the purpose of this section to significantly reduce hazards to persons and damage to property as a result of flood conditions in the City, and to comply with the provisions and requirements of the National Flood Insurance Program, as constituted in accordance with the National Flood Insurance Act of 1968, as amended, and subsequent enactments, and the rules and regulations promulgated in furtherance of this program by the Federal Emergency Management Agency, as published in the Federal Register, Vol. 41, No. 207, Tuesday, October 26, 1976, and re-designated as 44 CFR 31177, May 31, 1979.

      (2)   Further, the objectives of this section include:

         A.   The protection of human life, health, and property from the dangerous and damaging effects of flood conditions;

         B.   The minimization of public expenditures for flood control projects, rescue and relief efforts in the aftermath of flooding, repair of flood damaged public facilities and utilities, and the redevelopment of flood damaged homes, neighborhoods and commercial and industrial areas;

         C.   The prevention of private and public economic loss and social disruption as a result of flood conditions;

         D.   The maintenance of stable development patterns not subject to the blighting influence of flood damage;

         E.   To ensure that the public has access to information indicating the location of land areas subject to periodic flooding; and

         F.   To preserve the ability of floodplains to carry and discharge a base flood.

   (b)   Delineation of Flood Hazard Area Overlay Zone.

      (1)   The flood hazard area overlay zone shall overlay existing zoning districts delineated on the official Zoning Map of the City of Lincoln Park. The boundaries of the flood hazard area overlay zone shall coincide with the boundaries of the areas indicated as within the limits of the one-hundred (100)-year flood area in the report entitled “The Flood Insurance Study, City of Lincoln Park, Wayne County, Michigan,” with accompanying flood insurance rate maps. The study and accompanying maps are adopted by reference, appended, and declared to be a part of this section.

      (2)   Where there are disputes as to the location of a flood hazard area overlay zone boundary, the Zoning Board of Appeals shall resolve the dispute in accordance with the provisions of this Zoning Code.

      (3)   In addition to other requirements of this section applicable to development in the underlying zoning districts, compliance with the requirements of this section shall be necessary for all development occurring within the flood hazard area overlay zone. Conflicts between the requirements of this section, other requirements of this Zoning Code, 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 to a greater extent than the requirements of this section. In such cases, the more stringent requirement shall be applied.

   (c)   Use and Principal Structure Regulations. Within the flood hazard area overlay zone, no land shall be used except for one (1) or more of the following uses:

      (1)   Parks, picnic areas, playgrounds, playfields, athletic fields, golf courses, other outdoor recreational uses, nature paths, and trails.

      (2)   Wildlife preserves.

      (3)   Fishing, trapping, and hunting in compliance with current laws and regulations.

      (4)   Historic sites and structures.

      (5)   Fishing and boating docks in accordance with the provisions of the Inland Lakes and Streams Act of 1972, as amended.

      (6)   Landscaping, screening, and required open space or lot area for structural uses that are landward of the overlay zone.

   (d)   Accessory Buildings, Structures and Uses.

      (1)   Within the flood hazard area overlay zone, no building or structure shall be used except for one (1) or more of the following uses and only in a manner consistent with the requirements of principal uses and accessory buildings, structures and uses in the underlying district, and with those that follow.

      (2)   The following accessory buildings, structures and uses are permitted: off-street parking, streets, roads, and bridges; outdoor play equipment, sheds and garages; boathouses, boat hoists, utility lines, and pumphouses; bleachers; bank protection structures; signs; fences; gazebos; and similar outdoor equipment and appurtenances, provided each of the following requirements are met:

         A.   The building or structure would not cause an increase in water surface elevation, obstruct flow, or reduce the impoundment capacity of the floodplain.

         B.   All equipment, buildings and structures shall be anchored to prevent flotation and lateral movement.

         C.   Compliance with these requirements is certified by an engineering finding by a registered engineer.

   (e)   Filling and Dumping. Dredging and filling and/or dumping or backfilling with any material in any manner is prohibited unless through compensating excavation and shaping of the floodplain, the flow and impoundment capacity of the floodplain will be maintained or improved, and unless all applicable Federal, State, and City regulations are met, including, but not limited to, approvals pursuant to Act 245 of the Public Acts of 1929, as amended by Act 167 of the Public Acts of 1968; Act 347 of the Public Acts of 1972, as amended; Act 346 of the Public Acts of 1972, as amended; and Act 203 of the Public Acts of 1979, as amended.

   (f)   General Standards for Flood Hazard Reduction.

      (1)   No building or structure shall be erected, converted, or substantially improved or placed, and no land filled or building or structure used in a flood hazard area overlay zone unless a building permit, or a variance from the Zoning Board of Appeals, is obtained, which approval shall not be granted until a permit from the Michigan Department of Natural Resources or the Michigan Department of Environmental Quality under authority of Act 245 of the Public Acts of 1929, as amended by Act 167 of the Public Acts of 1968, has been obtained.

      (2)   All public utilities and facilities shall be designed, constructed, and located to minimize or eliminate flood damage.

      (3)   Site plans shall be reviewed in accordance with Section 1296.01, Site Plan Review, to determine compliance with the standards of this Zoning Code.

      (4)   Land shall not be divided in a manner creating parcels or lots which cannot be used in conformance with the requirements of this Zoning Code.

      (5)   The flood-carrying capacity of any altered or relocated watercourse not subject to State or Federal regulations designed to ensure flood-carrying capacity shall be maintained.

      (6)   Available flood hazard data from Federal, State, or other sources shall be reasonably utilized in meeting the standards of this section. Data furnished by the Federal Insurance Administration shall take precedence over data from other sources.

   (g)   Disclaimer of Liability.

      (1)   The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based upon engineering and scientific methods of study. Approval of the use of land under this section shall not be considered a guarantee or warranty of safety from flood damage.

      (2)   This section does not imply that areas outside the flood hazard area overlay zone will be free from flood damage. This section does not create liability on the part of the City or any officer or employee thereof for any flood damage that results from reliance on this section or any administrative decision lawfully made hereunder.

   (h)   Floodplain Management Administrative Duties.

      (1)   With regard to the National Flood Insurance Program, and the regulation of development within the flood hazard area overlay zone as prescribed in this section, the duties of the Building Superintendent and/or the Community Improvement Director shall include, but are not limited to:

         A.   Notification to adjacent communities and the Michigan Department of Natural Resources or the Michigan Department of Environmental Quality of the proposed alteration or relocation of any watercourse, and the submission of such notifications to the Federal Insurance Administration; and

         B.   Recording of written notification to all applicants to whom variances are granted in a flood hazard area overlay zone indicating the terms of the variance, the potential increased danger to life and property, and that the cost of flood insurance will increase commensurate with the increased flood risk. A record of all variance notifications and variance actions shall be maintained, together with the justification for each variance.

      (2)   All records and maps pertaining to the National Flood Insurance Program shall be maintained in the office of the Building Superintendent and/or the Community Improvement Director and shall be open for public inspection.

      (3)   It shall be the responsibility of the Building Superintendent and/or the Community Improvement Director to obtain and utilize the best available flood hazard data for purposes of administering this section in the absence of data from the Federal Insurance Administration.

   (i)   Flood Hazard Area Overlay Zone Mapping Disputes.

      (1)   Where disputes arise as to the location of the flood hazard area boundary or the limits of the floodway, the Zoning Board of Appeals shall resolve the dispute and establish the boundary location. In all cases, the decision of the Zoning Board of Appeals shall be based upon the most current floodplain studies issued by the Federal Insurance Administration. Where Federal Insurance Administration information is not available, the best available floodplain information should be utilized.

      (2)   Where a dispute involves an allegation that the boundary is incorrect as mapped and Federal Insurance Administration floodplain studies are being questioned, the Zoning Board of Appeals shall modify the boundary of the flood hazard area or the floodway only upon receipt of an official letter of map amendment issued by the Federal Insurance Administration.

      (3)   All parties to a map dispute may submit technical evidence to the Zoning Board of Appeals.

   (j)   Flood Hazard Area Overlay Zone Variances.

      (1)   Variances from the provisions of this section shall only be granted by the Zoning Board of Appeals upon a determination of compliance with the general standards for variances contained in this section and each of the following specific standards:

         A.   A variance shall be granted only upon:

            1.   A showing of good and sufficient cause;

            2.   A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

            3.   A determination that the granting of a variance will not result in a harmful increase in flood heights, additional threats to public safety or extraordinary public expense, or create nuisances, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.

         B.   The variance granted shall be the minimum necessary, considering the flood hazard, to afford relief to the applicant.

      (2)   The Zoning Board of Appeals may attach conditions to the granting of a variance to ensure compliance with the standards contained in this section.

      (3)   Variances may be granted for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the Michigan Register of Historic Sites, or any other state register of historic places without regard to the requirements of this section governing variances in flood hazard areas.

(Res. 98-340A. Passed 9-21-98.)

   (a)   Purpose. The intent of this section is to provide regulatory standards for condominiums and condominium subdivisions similar to those required for projects developed under other forms of ownership. This section is not intended to prohibit or treat a proposed or existing condominium project different than a project or development under another form of ownership.

   (b)   Definitions. The definitions contained in Chapter 1260, General Provisions and Definitions, are intended to make comparison possible between the definitions of this Zoning Code and these Codified Ordinances.

   (c)   Application and Authority.

      (1)   The following review process shall apply to all condominium projects within the City.

      (2)   Concurrently with notice required to be given to the City pursuant to Section 71 of Act 59 of the Public Acts of 1978, as amended (MCLA 559.171), a person, firm, corporation or other legal entity intending to develop a condominium project shall file with the City Clerk the following information with respect to the project:

         A.   All names, addresses and telephone numbers of:

            1.   The person, firm, corporation or other legal entity with an ownership interest in the land on which the project will be located, together with a statement that the entity is a fee owner or land contract purchaser.

            2.   All engineers, attorneys, architects, and licensed land surveyors involved in the condominium project.

            3.   The developer or proprietor of the project.

         B.   The legal description of the land, including tax identification numbers.

         C.   The total acreage.

         D.   The intended use.

         E.   The number of units to be developed.

         F.   A copy of the proposed master deed.

      (3)   Condominium projects shall contain all information required by the Michigan Condominium Act.

      (4)   The information shall also be filed with the Building Superintendent at the time the information is filed with the City Clerk, and shall be kept current.

   (d)   Approval of Plans. All condominium plans must be approved by the Planning Commission following the same process identified for site plan review in Section 1296.01, Site Plan Review. In making a determination, the Planning Commission shall consult with the Building Superintendent, Community Improvement Director, City Attorney, City Engineer, and City Planner regarding the adequacy of the master deed, deed restrictions, utility systems, streets, project design and layout and compliance with the Michigan Condominium Act.

   (e)   Streets and Necessary Easements.

      (1)   Condominium projects with streets shall comply with all street requirements found in this Zoning Code and these Codified Ordinances. Projects which connect public streets shall have the project street dedicated to the public.

      (2)   The condominium plan shall include all necessary easements granted to the City for constructing, operating, inspecting, maintaining, repairing, altering, replacing and/or removing pipelines, mains, conduits and other installations of a similar character (hereinafter called public structures) for the purpose of providing public utilities, including, but not limited to, conveyance of sewage, water and stormwater runoff across, through and under the property subject to such easement, and excavating and filling ditches and trenches necessary for the location of such structures.

   (f)   Setbacks and Boundaries. The setback requirements for condominium buildings shall be determined as follows:

      (1)   Single-family detached units.

         A.   The front yard setback shall be one-half (½) the approved or recorded street right-of-way, plus the current setback for the existing zoning district.

         B.   Side yard setbacks shall be twice the minimum required within the zoning district. The distance from the unit to the limit of development shall meet the minimum required side yard setback within the zoning district.

         C.   The rear yard setback between the rear of two (2) units shall be twice the minimum rear yard setback of the zoning district. The distance from the rear of the unit to the limits of the development shall meet the minimum rear yard setback of the zoning district.

      (2)   Multiple-family buildings. Multiple-family buildings shall meet the standards of the Multiple Family Residential District (MFRD).

      (3)   Boundary relocation. The relocation of boundaries as defined in Section 148 of the Michigan Condominium Act shall conform to all setback requirements of this section, and of the district in which the project is located, and shall be submitted to the Planning Commission for review and approval. These requirements shall be made a part of the bylaws and recorded as part of the master deed.

   (g)   Common Elements. After construction of a condominium unit, the undeveloped area of a unit site shall become a common element.

   (h)   Encroachment. A condominium project shall not be constructed in a manner that intentionally creates an encroachment.

   (i)   Subdivision of Unit Sites. Subdivision of condominium unit sites is permitted with Planning Commission approval, contingent upon the submission of an amended master deed to determine the effect of the subdivision on conditions of zoning or site plan approval, and shall be made as part of the bylaws and recorded as part of the master deed.

   (j)   Conformance With Subdivision Regulations. All condominium project plans shall conform to the plan preparation requirements, design layout, and improvements standards as established within this Zoning Code or within these Codified Ordinances.

   (k)   Water and Waste Water. The condominium project shall comply with and meet all Federal, State, County, and City standards for a fresh water system and waste water disposal.

   (l)   Expansion and Conversion. Prior to expansion or conversion of a condominium project to additional land and a new phase, the same must be approved by the Planning Commission.

   (m)    Master Deed. The project developer shall furnish the City with one (1) copy of the proposed consolidated master deed, one (1) copy of the bylaws and two (2) copies of the proposed plans. The proposed plans shall be reviewed for compliance with this Zoning Code and these Codified Ordinances and to ensure that an assessment mechanism has been included to guarantee adequate maintenance of common elements. Master deeds submitted to the City for review shall not permit contraction of the condominium (whereby co-owners can withdraw from the condominium and responsibility for maintenance of common elements) without re-submittal of the master deed to the City for review and approval. Fees for these reviews shall be established, from time to time, by the Council.

   (n)   As-Built Plan and Occupancy. Submission of an as-built plan of a condominium unit is required prior to occupancy. The Building Superintendent may allow occupancy of the project before all improvements required are installed, provided that a bond is submitted to the City Clerk, sufficient in amount and type to provide for the installation of improvements before the expiration of the temporary occupancy permit without expense to the City. The amount of the bond shall be determined by the City Engineer.

   (o)   Final Bylaws, Consolidated Master Deed and Site Plan. Upon approval of the development, the applicant shall furnish the City with a copy of the bylaws and consolidated master deed. The site plan shall be provided on a mylar sheet of at least twenty-four (24) inches by thirty-six (36) inches.

   (p)   Compliance With Other Statutes and Ordinances. All condominium projects shall comply with Federal, State and local laws, statutes and ordinances.

(Res. 98-340A. Passed 9-21-98.)

The Planning Commission, Zoning Board of Appeals, or Council may withhold the granting of approval of any use, site plan, planned unit development, special use approval, variance, or other approval required by this Zoning Code pending reviews and/or approvals which may be required by State or Federal agencies or departments.

   (a)   Sidewalk sales are only allowed within the NBD, MBD, RBD, and CBD zoning districts.

   (b)   Sidewalk sales shall only be allowed on or immediately abutting a lot with a principally permitted building. Furthermore, the merchandise for sale on the sidewalk must also be fore sale inside the principally permitted building and the sale must be administered by the occupant of the principally permitted building.

   (c)   A minimum width of five (5) feet shall be maintained to allow a pedestrian passageway upon the sidewalk involved.

   (d)   Merchandise shall not be displayed in such a manner as to interfere with pedestrian or vehicular traffic or safety, nor shall any display violate any fire or police regulation or any ordinance of the City.

   (e)   The length of a temporary sidewalk sale shall not exceed seven (7) consecutive days.

   (f)   All sidewalk sales shall also be subject to the provisions of Chapter 872 of the Lincoln Park Code of Ordinances Business Regulations.

(Res. 2012-258A. Passed 8-20-12, effective 9-5-12.)

   Package Delivery Lockers, as defined herein, shall be a permitted, accessory use in the Neighborhood Business District (NBD), Central Business District (CBD), Municipal Business District (MBD), and Regional Business District (RBD), subject to the following:

   (a)   Review and Approval Procedures, Issuance of Permit and Required License.

      (1)   A license issued by the City Clerk pursuant to Chapter 834 of the Codified Ordinances of the City of Lincoln Park and a permit issued by the Building Department shall be required prior to the installation of any package delivery locker on property in the City of Lincoln Park.

      (2)   Permit applications shall be submitted to the Building Department along with required fees, as established by the City Council.

      (3)   The Building Superintendent shall review requests for all package delivery lockers and find that they meet all standards and conditions identified herein. Where appropriate, the Superintendent shall consult with the Police Chief and Fire Chief.

   (b)   Standards and Conditions.

      (1)   The maximum depth of the package delivery locker shall be three (3) feet.

      (2)   The maximum cubic footage of the package delivery locker shall be 220 cubic feet.

      (3)   The package delivery locker shall be bolted into a concrete pad on a flat surface. The change in grade over a nine (9)-foot span shall not be more than two (2) inches.

      (4)   The package delivery locker shall have the same minimum front, side, and rear setback requirements as a structure within the established zoning district.

      (5)   There shall be a minimum of five (5) inches between any side of the package delivery locker and any adjacent structure or wall.

      (6)   There shall be a minimum of one (1) foot of wall clearance for the electrical disconnect box.

      (7)   There shall be a minimum of three (3) feet of clearance along the front of the package delivery locker.

      (8)   The package delivery locker area shall be visible and well lit.

(Res. 2020-009A. Passed 1-21-20, Eff. 2-5-20.)

   (a)   No outdoor trash storage area may be in any front yard or any required side yard setback which is adjacent to a street, unless there is no alternative as established by the Planning Commission. In no instance may any trash receptacle or dumpster be located within or block a designated parking space.

   (b)   Any outdoor trash storage area must be limited to normal refuse which is collected on a regular basis and must be maintained in a neat, orderly and sanitary condition.

   (c)   Adequate vehicular access must be provided to such containers for truck pickup either via a public alley or vehicular access aisle which does not conflict with the use of off-street parking spaces or access to nearby principal buildings.

   (d)   Where vehicular access is restricted due to space or other constraints, curb carts rather than dumpsters may be permitted by the Planning Commission if it will result in no reduction to the public health, safety or welfare.

   (e)   Commercial and residential developments may enter into a shared refuse collection facility agreement with one or more neighboring businesses. A copy of this agreement must be submitted as part of the site plan and must specify the location and maintenance responsibility for the shared facilities.

(Res. 2020-319A. Passed 10-19-20, Eff. 11-4-20.)

   It shall be necessary to replace flat concrete, which may include but is not limited to public sidewalks, service walks, driveway approaches, driveways, garage slabs, steps, porch caps, and patios if any of the following conditions exist:

   (a)   Trip hazards exceeding three quarters of one inch.

   (b)   Cross slopes exceeding one inch per foot from the inside edge toward the outside edge (the outside edge being the edge of the sidewalk nearest the street line).

   (c)   Individual slabs that are broken into more than three pieces.

   (d)   Significant surface deterioration from spalling or pitting over 33% of an individual slab.

   (e)   Holes in excess of three quarters of one inch in depth or width.

   (f)   If any section of the sidewalk is tilted from the outside edge toward the inside edge (the outside edge being the edge of the sidewalk nearest the street line).

   (g)   Any section or sections where water ponding is evident.

   (h)   Milling or grinding will not be permitted if at any point the trip hazard exceeds three quarters of one inch.

   (i)   No surface patch work will be permitted.

(Res. 2021-099A. Passed 4-19-21, Eff. 5-5-21.)