Whenever any provision of this chapter imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this chapter shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this chapter, then the provisions of such ordinance shall govern.

(Prior Code, App., § 1300)

   No building or structure, or part thereof shall hereafter be erected, constructed or altered and maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this chapter.

(Prior Code, App., § 1301)

   (A)   Intent.

      (1)   It is the intent of this chapter to permit legal nonconforming lots, structures or uses to continue until they are removed but not to encourage their survival.

      (2)   It is recognized that there exists within the districts established by this chapter and subsequent amendments, lots, structures and uses of land and structures which were lawful before this chapter was passed or amended which would be prohibited, regulated or restricted under the terms of this chapter or future amendments.

      (3)   Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

      (4)   A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

      (5)   To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter, and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

   (B)   Nonconforming lots.

      (1)   In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the Board of Appeals.

      (2)   If 2 or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of the parcel shall be used or occupied which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter.

   (C)   Nonconforming uses of land. Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

      (1)   No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.

      (2)   No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.

      (3)   If such nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

      (1)   No such structure may be enlarged or altered in a way which increases its nonconformity, for example, existing residences on lots of a width less than required herein may add a rear porch provided that other requirements relative to yard space and land coverage are met.

      (2)   Should such structure be destroyed by any means to an extent of more than 60% of its replacement cost, exclusive of the foundation at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. This provision shall not apply to nonconforming residential structures provided the residential structure is rebuilt in the exact location and manner in which it was originally constructed as determined by the Building Official. If the Building Official determines the proposed reconstruction is substantially different than that of the original structure, all applicable requirements of the ordinance shall be met. If the structure was located within the existing dedicated public right-of-way or easement, the structure shall not be reconstructed in that location.

      (3)   Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is removed.

      (1)   No existing structure devoted to a use not permitted in this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. This provision shall not apply to nonconforming residential structures provided th residential structure is rebuilt in the exact location and manner in which it was originally constructed as determined by the Building Official. If the structure was located within the existing dedicated public right-of-way or easement, the structure shall not be reconstructed within the existing right-of-way or easement.

      (2)   Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

      (3)   In any “B”, “W-M” or “I” District if no structural alterations are made, any nonconforming use of structure or structure and premises, may be changed to another nonconforming use of the same or a more restricted classification provided that the Board of Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Appeals may require appropriate conditions and safeguards in accord with the purpose and intent of this chapter. Where a nonconforming use of a structure, land or structure and land in combination is hereafter changed to a more restrictive classification, it shall not thereafter be changed to a less restricted classification.

      (4)   Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

      (5)   When a nonconforming use of a structure, or structure and premises in combination, is discontinued or ceases to exist for 6 consecutive months or for 18 months during any 3 year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses shall be excepted from this provision.

      (6)   Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

   (F)   Repairs and maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 50% of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(Prior Code, App., § 1302) (Am. Ord. 11-05, passed 8-4-2011)

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

   (A)   Where the accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all regulations of this chapter applicable to main building.

   (B)   Accessory buildings shall not be erected in any required yard, except a rear yard.

   (C)   An accessory building not exceeding 1 story or 14 feet in height may occupy not more than 25% of a required rear yard, plus 40% of any non-required rear yard, provided that in no instance shall the accessory building exceed the ground floor area of the main building.

   (D)   No detached accessory building shall be located closer than 10 feet to any main building nor shall it be located closer than 3 feet to any side or rear lot line. In those instances where the rear lot line is coterminous with an alley right-of-way, the accessory building shall not be closer than 2 feet to such rear lot line. In no instance shall an accessory building be located within a dedicated easement right- of-way.

   (E)   No detached accessory building in an R-1A, R-1B, R-M, B-1 or P-1 District shall exceed 1 story or 14 feet in height. Accessory buildings in all other districts may be constructed to equal the permitted maximum height of structures in said districts.

   (F)   (1)   When an accessory building is located on a corner lot, the exterior side lot line of which is substantially a continuation of the front lot line of the lot to its rear, or is adjacent to a front lot line across a common separating street, the building shall not project beyond the front yard line required on the lot in rear of the corner lot.

      (2)   An accessory building shall in no case be located nearer than 10 feet to a street right-of-way.

   (G)   When an accessory building in any Residential or Business District is intended for other than the storage of private motor vehicles, the construction will conform to existing conventional construction of other buildings on the property and in the immediate area.

   (H)   A building permit shall be obtained prior to the erection of any accessory building, unless it is exempted from permit requirements per the Building Code, in which case such accessory building shall only require a zoning compliance permit.

   (I)   Satellite receiving dish installations.

      (1)   A SATELLITE RECEIVING DISH is defined as being any dish-shaped antenna designed to receive direct satellite signals.

      (2)   A building permit shall be obtained for the installation of a satellite receiving dish.

      (3)   Location of a satellite receiving dish shall be subject to all setback requirements of this chapter and shall in no instance be installed closer to a side or rear lot line than a distance equal to its height as measured from the ground to its highest vertical extension.

      (4)   The receiving dish shall be securely mounted and anchored in accordance with the requirements of the manufacturer and the Marine City Building Code.

      (5)   A satellite receiving dish shall not be mounted in any front or side yard.

(Prior Code, App., § 1303) (Ord. 83-6, passed 7-7-1983; Am. Ord. 84-25, passed 1-3-1985; Am. Ord. 2019-002, passed 2-21-2019)

   (A)   There shall be provided in all districts at the time of erection or enlargement of any main building or structure, automobile off-street parking space with adequate access to all spaces.

   (B)   The number of off-street parking spaces, in conjunction with all land or building uses shall be provided, prior to the issuance of a certificate of occupancy as hereinafter prescribed.

      (1)   Off-street parking may be located within any non-required yard and within the rear yard setback unless otherwise provided in this chapter. Off-street parking shall not be permitted in a required front or side yard setback unless otherwise provided in this chapter.

      (2)   Off-street parking for other than residential use shall be either on the same lot or within 300 feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot. Ownership shall be shown of all lots or parcels intended for use as parking by applicant.

      (3)   Residential off-street parking spaces shall consist of a permanent hard surface parking strip, parking bay, driveway, garage, or combination thereof and shall be located on the premises they are intended to serve. For the purposes of this section, hard surface shall mean concrete, asphalt, brick, cut stone or similar material and shall not include crushed materials, gravel, wood chips or natural surfacing. Off-street parking for single-family and two-family dwellings shall further be subject to the following:

         (a)   Off street parking shall not be permitted within the front yard, except within such parking strip, parking bay, driveway, garage, or combination thereof. This requirement shall not apply to parking for temporary special events normally associated with the residential use of the property, such as graduation and holiday parties, or during City designated snow emergencies.

         (b)   Within the front yard, the total surface area for any parking strip, parking bay, driveway or combination thereof shall not exceed fifty percent (50%) of the total front yard area.

      (4)   Any area once designated as required off-street parking shall never be changed to any other use unless and until equal facilities are provided elsewhere.

      (5)   Off-street parking existing at the effective date of this chapter in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or new use.

      (6)   Two or more buildings or uses may collectively provide the required off-street parking in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately.

      (7)   In the instance of dual function of off-street parking spaces where operating hours of buildings do not overlap, the Board of Appeals may grant an exception.

      (8)   The storage of merchandise, motor vehicles for sale, trucks or the repair of vehicles is prohibited.

      (9)   For those uses not specifically mentioned, the requirements for off-street parking facilities shall be in accord with a use which the Planning Commission considers is similar in type.

      (10)   When units or measurements determining the number of required parking spaces result in the requirement of a fractional space, any fraction up to and including ½ shall be disregarded and fractions over ½ shall require 1 parking space.

      (12)   The minimum number of off-street parking spaces by type of use shall be determined in accordance with the following schedule. Lands within the Nautical Mile District shall be subject to the off-street parking requirements of Section 160.180.

 

(Prior Code, App., § 1304) (Ord. 92-8, passed 9-17-1992; Am. Ord. 98-3, passed 3-19-1998; Am. Ord. 2018-03, passed 4-5-2018; Am. Ord. passed 10-21-2021)

   Whenever the off-street parking requirements in § 160.214 require the building of an off-street parking facility, or where P-1 Vehicular Parking Districts are provided, the off-street parking lots shall be laid out, constructed and maintained in accordance with the following standards and regulations:

   (A)   No parking lot, parking strip, parking bay or driveway shall be constructed unless and until a permit therefor is issued by the Building Inspector. Applications for a permit shall be submitted to the Building Department in such form as may be determined by the Building Inspector and shall be accompanied with 2 sets of plans for the development and construction of the parking lot showing that the provisions of this section will be fully complied with.

   (B)   Plans for the layout of off-street parking facilities shall be in accord with the following minimum requirements:

 

 

   (C)   All spaces shall be provided adequate access by means of maneuvering lanes. Backing directly onto a street shall be prohibited.

   (D)   Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for all vehicles. Ingress and egress to a parking lot lying in an area zoned for other than single family residential use shall not be across land zoned for single family residential use.

   (E)   All maneuvering lane widths shall permit one-way traffic movement, except that the 90-degree pattern may permit 2-way movement.

   (F)   Each entrance and exit to and from any off-street parking lot located in an area zoned for other than single-family residential use shall be at least 25 feet distant from adjacent property located in any single family residential district.

   (G)   (1)   The off-street parking area shall be provided with a continuous and obscuring wall not less than 4 feet 6 inches in height measured from the surface of the parking area on all sides where the next zoning district is designated as a single family residential district.

      (2)   When a front yard setback is required, all land between the wall and the front property line or street right-of-way line shall be kept free from refuse and debris and shall be landscaped with deciduous shrubs, evergreen material and ornamental trees. The ground area shall be planted and kept in lawn. All such landscaping and planting shall be maintained in a healthy, growing condition neat and orderly in appearance.

   (H)   The entire parking area, including parking spaces and maneuvering lanes, required under this section, shall be provided with a durable and dustless surface and shall be graded and drained so as to dispose of all surface water in accord with the requirements and subject to the review and approval of the City Engineer.

   (I)   All lighting used to illuminate any off-street parking area shall be so installed as to be confined within and directed onto the parking area only.

   (J)   In all cases where a wall extends to an alley which is a means of ingress and egress to an off-street parking area, it shall be permissible to end the wall not more than 10 feet from such alley line in order to permit a wider means of access to the parking area.

   (K)   The Board of Appeals, upon application by the property owner of the off-street parking area, may modify the yard or wall requirements where, in unusual circumstances, no good purpose would be served by compliance with the requirements of this section.

   (L)   Whenever a durable and dustless parking area, as defined by this chapter, is required by this section, the owner shall execute and deliver to the Planning Commission an approved performance bond guaranteeing that the parking area will be hard surfaced as required within 1 year after occupancy. Delivery of the bond shall be a condition precedent to the site plan approval.

   (M)   Pedestrian walkways within parking lots. For the safety of pedestrians, in large (100 spaces or more) high-turnover parking lots, separate raised pedestrian walkways connecting the main building perimeter sidewalk with existing or proposed sidewalks along street rights-of-way shall be provided. This requirement shall not apply to uses within an Industrial District. Not less than 1 such walkway shall be provided for each street frontage. The walkways shall be constructed of concrete, asphalt, stone, brick, or other hard surface material. The walkways shall be not be less than 6 feet in width and shall be enhanced with landscaping along both sides, to help separate them from traffic and distinguish them from the parking area. The walkways must be integrated with the city's overall plan for pedestrian improvements where applicable. Parked cars shall not be permitted to overhang pedestrian walkways. The land used for this connecting sidewalk shall be countable in the computation of the required percentage of landscape area as provided in § 160.219(F).

(Prior Code, App., § 1305) (Ord. 84-24, passed 11-15-1984; Am. Ord. 04-03, passed 5-6-2004; Am. Ord. 2018-03, passed 4-5-2018)

   (A)   On the same premises with every building, structure or part thereof, involving the receipt or distribution of vehicles or materials or merchandise except the business district described in § 160.214, there shall be provided and maintained on the lot, adequate space for standing, loading and unloading in order to avoid undue interference with public use of dedicated rights-of-way.

   (B)   The space shall be provided as follows:

      (1)   All spaces shall be provided as required in § 160.195 note after minimum rear yards, except as hereinafter provided for “I” Districts.

      (2)   All spaces shall be laid out in the dimension of at least 10 feet by 50 feet, or 500 square feet in area, with a clearance of at least 14 feet in height. Loading dock approaches shall be provided with a permanent, durable and dustless surface. All space in “I” Districts shall be provided in the following ratio of space to floor area.

 

 

(Prior Code, App., § 1306)

   (A)   Because the uses hereinafter referred to possess unique characteristics making it impractical to include them in a specific use district classification, they may be permitted by the Board of Appeals under the conditions specified, and after public hearing. These uses require special consideration since they service an area larger than the city and require sizable land areas, creating problems of control with reference to abutting use districts.

   (B)   Reference to those uses falling specifically within the intent of this section is as follows:

      (1)    Kennels:

         (a)    Kennels shall be permitted as a special land use only in industrially zoned districts, either I-1 Light Industrial or I-2 Heavy Industrial.

         (b)    The number of animals to house within a kennel shall be directly proportionate to the facility in which they are housed; the size and number of exterior runs, and the size of the property on which the kennel is located.

         (c)    The method in which waste material is handled shall be clearly noted and subject to review by the city. Exterior runs shall be cleaned regularly and shall not be allowed to accumulate waste material.

         (d)   The means of managing noise from both the kennel and exterior runs shall be clearly noted and subject to review by the city. These means may include, but are not limited to landscaping, fencing, additional setback, and special building materials as determined by the city. The city may limit the hours of outdoor activity to limit any inconvenience to surrounding properties.

         (e)   Any medications or vaccines on the premises shall be kept in a locked location.

         (f)   Adequate parking shall be indicated on the site plan.

         (g)   No kennels or outdoor runs shall be located in the front yard.

         (h)   Any and all necessary state and/or county permits shall be obtained by the kennel operator and kept current. Copies of all necessary permits and licenses shall be provided to the city to ensure compliance.

      (2)   Soil excavation and filling: The removal of topsoil, subsoil, sand, gravel, rock, aggregates, earth and other similar materials and the depositing and dumping of sand, gravel, earth, rock, stone, concrete minerals and other similar materials shall be subject to the following:

         (a)   The Board of Appeals shall first seek the findings and recommendations of the Planning Commission clearly demonstrating that the removal, depositing or dumping of the above materials will not permanently impair the intended land use potential of the property in question.

         (b)   The Board of Appeals may issue a permit and only after a proper notice shall have been made and only after a public hearing shall have been had.

         (c)   The Board of Appeals may establish standards, operating requirements, applications and review procedures, bonds and other such conditions, restrictions, and safeguards as may be deemed necessary in the interest of public health, safety, and welfare.

      (3)   Outdoor theaters: Because outdoor theaters possess the unique characteristic of being used only after darkness and since they develop a concentration of vehicular traffic in terms of ingress and egress from their parking area, they shall be permitted within an “I” Industrial District and only when the site in question is surrounded by an “I” District. Outdoor theaters shall further be subject to the following conditions:

         (a)   The proposed internal design shall receive approval from the Building Inspector and the City Engineer as to adequacy of drainage, lighting, screening and other technical aspects.

         (b)   Outdoor theaters shall abut directly upon a major thoroughfare and points of ingress and egress shall be available to the outdoor theater only from the major thoroughfares and shall not be available from any residential street.

         (c)   All vehicles, waiting or standing to enter the facility, shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated right-of-way.

         (d)   The area shall be laid out so as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares. All lighting used to illuminate the area shall be so installed as to be confined within, and directed unto, the premises of the outdoor theater site.

         (e)   The proposed outdoor theater shall be subject further to the review and approval of the City Commission.

      (4)   Television and radio towers: Television and radio towers and their attendant facilities shall be permitted in any “I” District and only when the site in question is surrounded by an “I” District, subject further to the following conditions:

         (a)   The use shall be located centrally on a continuous parcel having a dimension at least equal to the height of the tower measured from the base of the tower to all points on each property line.

         (b)   The proposed site plan shall receive approval from the City Engineer as to adequacy of drainage, lighting, general safety and other technical aspects.

      (5)   Airports and related uses: Airports, landing fields and platforms, hangers, masts and other facilities for the operation of aircraft, shall be permitted in “I” Industrial Districts, and shall be subject to the following conditions:

         (a)   The plans for such facility shall be given approval by the Federal Aviation Agency prior to submittal to the Board of Appeals for review and action.

         (b)   The standards for determining obstructions to air navigation as announced in the FAA Technical Order –18, April 26, 1950 (as amended July 30, 1952) and any other amendments thereto shall be complied with. These standards shall be applied by the class of airport as determined by the FAA.

         (c)   The area of the clear zone (see FAA definition) shall be provided for within the land area under airport ownership.

         (d)   To enable the Board of Appeals to determine that the above conditions have been satisfactorily complied with all applications for such uses shall submit detailed site plans showing the location of the site, clear zones and proof of ownership of the land designated as the clear zone.

         (e)   The proposed airport or related use shall be subject further to the review and approval of the City Commission.

(Prior Code, App., § 1307) (Ord. 91-10, passed 10-17-1991; Am. Ord. 13-06, passed 8-1-2013)

   No use otherwise allowed shall be permitted within any district which does not conform to the following standards of use, occupancy, and operations, which standards are hereby established as the minimum requirements to be maintained within the area.

   (A)   Smoke.

      (1)   It shall be unlawful for any person, firm or corporation to permit the emission of any smoke from any source whatever to a density greater than that density described as No. 1 of the Ringlemann Chart, provided that the following exceptions shall be permitted: Smoke, the shade or appearance of which is equal to but not darker than No. 2 of the Ringlemann Chart for a period, or periods, aggregating 4 minutes in any 30 minutes.

      (2)   For the purpose of grading the density of smoke, the Ringlemann Chart, as now published and used by the United States Bureau of Mines, which is hereby made a part of this chapter, shall be the standard. However, the Umbrascope readings of smoke densities may be used when correlated with Ringlemann’s Chart.

   (B)   Dust, dirt and fly ash.

      (1)   No person, firm or corporation shall operate or cause to be operated, maintained or cause to be maintained, any process for any purpose, or furnace or combustion device for the burning of coal or other natural or synthetic fuels, without maintaining and operating, while using the process or furnace or combustion device, recognized and approved equipment, means, method, device or contrivance to reduce the quantity of gasborne or airborne solids or fumes emitted into the open air, which is operated in conjunction with the process, furnace or combustion device so that the quantity of gasborne or airborne solids shall not exceed 0.20 grains per cubic foot of the carrying medium at a temperature of 500°F.

      (2)   For the purpose of determining the adequacy of such devices these conditions are to be conformed to when the percentage of excess air in the stack does not exceed 50% of full load. The foregoing requirement shall be measured by the A.S.M.E. 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 Inspector may require such additional data as is deemed necessary to show that adequate and approved provisions for the prevention and elimination of dust, dirt and fly ash have been made.

   (C)   Glare and radioactive materials. Glare from any process (such as or similar to arc welding, or acetylene torch cutting) which emits harmful ultraviolet rays shall be performed in such a manner as not to be seen from any point beyond the property line, and as not to create a public nuisance or hazard along lot lines. Radioactive materials and wastes, and including electro-magnetic 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.

   (D)   Fire and explosive hazards. The storage and handling of flammable liquids, liquefied petroleum, gases and explosives shall comply with the State Rules and Regulations as established by Public Act 1941, as amended, [M.C.L.A. §§ 29.1 et seq.], and shall conform with all codes and ordinances of the City of Marine City.

   (E)   Noise. Objectionable sounds, including those of an intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses.

   (F)   Odors and fumes. Creation of offensive odors and fumes shall be prohibited.

   (G)   Wastes. No waste shall be discharged in the public sewer system which is dangerous to the public health and safety. The following standards shall apply at the point wastes are discharged into the public sewer.

      (1)   Acidity or alkalinity shall be neutralized within an average pH range of between 5-1/2 to 7-1/2 as a daily average on the volumetric basis, with a temporary variation of pH 4.50 to 10.0.

      (2)   Wastes shall contain no cyanides. Wastes shall contain no chlorinate solvents in excess of 0.1 ppm; no fluorides shall be in excess of 10 ppm; and shall contain no more than 5 ppm of hydrogen sulphide and shall contain not more than 10 ppm of sulphur dioxide and nitrates, and shall contain not more than 25 ppm of chromates.

      (3)   Wastes shall not contain any insoluble substance in excess of 10,000 ppm or exceed a daily average of 500 ppm or fail to pass number eight standard sieve or have a dimension greater than 1/2 inch.

      (4)   Wastes shall not have chlorine demand greater than 15 ppm.

      (5)   Wastes shall not contain phenols in excess of .05 ppm.

      (6)   Wastes shall not contain any grease or oil or any oily substance in excess of 100 ppm or exceed daily average of 25 ppm.

(Prior Code, App., § 1308)

      (1)   These requirements shall apply to all uses for which site plan review is required under § 160.300, except that said requirements shall not apply within the B-1, Central Business District.

      (2)   In cases where a lot or parcel, which was lawfully created prior to the adoption of this section, does not contain sufficient land area to reasonably accommodate all of the requirements contained herein, the Planning Commission may modify or waive 1 or more of these requirements when, in the opinion of the Planning Commission, it would be impractical to fully comply and the difficulty is not self-created.

      (3)   No site plan shall be approved unless said site plan shows landscaping consistent with the provisions of this section.

      (4)   Furthermore, where landscaping is required, a building permit shall not be issued until the required landscape plan is submitted and approved.

      (5)   A certificate of occupancy shall not be issued unless provisions set forth in this section have been met or a performance guarantee has been posted in accordance with the provisions set forth in § 90.162, "Performance Bonds".

      (6)   In cases where an existing building is to be structurally altered or enlarged, or when the use lawfully changes to a different use, or an existing building is structurally altered or enlarged, all of the standards set forth herein shall be met.

      (1)   The landscape plan shall be prepared by or under the direction of a landscape architect and shall bear the seal of landscape architect licensed to practice in the State of Michigan. This requirement may be waived by the Planning Commission when, in the opinion of the Planning Commission, the size, scope or mature of the landscaping improvements is not sufficient to warrant professional design and when the value (as determined by the Planning Commission) of landscaping improvements (labor and material) is less than $5,000;

      (2)   Minimum scale: 1 inch = 60 feet;

      (3)   Existing and proposed contours on-site and 50 feet beyond the site at intervals not to exceed 2 feet;

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

      (5)   Typical straight cross section including slope, height and width of berms and type of ground cover, or height and type of construction for all proposed walls and fences, including footings;

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

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

      (8)   Identification of existing vegetative cover, stands, groupings, and groves of existing trees. In addition, all individual trees having a caliber of 6 inches or more, shall be identified as to species and located accurately on a topographic survey. The plan shall indicate areas of existing vegetative cover and those stands, groupings, and groves, and all individual specimen trees to be preserved. The plan shall also indicate the method of protection for existing trees as required in this section and the scheduling for said protection during construction;

      (9)   Identification of grass and other ground cover and method of planting;

      (10)   Identification of landscape maintenance program including statement that all diseased, damaged, or dead materials shall be replaced in accordance with the standards of this section; and

      (11)   An irrigation plan showing the design of an underground sprinkler system conforming to the requirements of this section.

      (1)   The proper spacing, placement and location of plant materials relative to the length, width and general configuration of the required landscape element so as to ensure that the intended landscaping effect, including the necessary horizontal and vertical obscuring of proposed land uses, will be achieved;

      (2)   The choice and selection of plant materials so as to ensure that the root system will not interfere with public utilities and that fruit and other debris will not constitute a nuisance within the public right-of-way, or to abutting property owners;

      (3)   The proposed relationship between deciduous and evergreen plant materials so as to ensure that the intended landscaping effect, including maximum obscuring effect where appropriate, will be maintained;

      (4)   The size of plant materials (both starting and ultimate) to ensure adequate maturity and optimum screening and/or shading effect of proposed plant materials.

         (a)   Plant materials shall not be placed closer than 4 feet from the fence line or property line, unless specifically modified by the Planning Commission.

         (b)   Where plant materials are planted in 2 or more rows, plantings shall be staggered in rows.

         (c)   Evergreen trees shall have a starting size of at least 6 feet in height. When planted in informal groupings, they shall be spaced not more than 20 feet on center. When planted in rows, they shall be spaced not more than 12 feet on center.

         (d)   Narrow evergreens shall have a starting size of at least 5 feet in height. When planted in informal groupings shall be space not more than 10 feet on center. When planted in rows, they shall be spaced not more than 5 feet on center.

         (e)   Large deciduous trees shall have a minimum starting size of 2-1/2 caliper inches. They shall be planted not more than 30 feet on center when placed in informal groupings.

         (f)   Small deciduous trees shall have a minimum starting size of at least 2 caliper inches. They shall not be spaced more than 15 feet on center when placed in informal groupings.

         (g)   Large shrubs shall have a starting size of at least 30 inches in height. They shall be placed not more than 6 feet on center when placed in informal groupings and not more than 4 feet on center when planted in rows.

         (h)   Small shrubs shall have a starting size of not less than 24 inches in height or spread and shall be planted not more than 4 feet on center.

         (e)   Large shrubs. Honeysuckle, Mock-orange, Buckthorn, Pyracantha, Mugo Pine, Lilac, Euonymus, Ninebark, Barberry, Savin Juniper, Viburnum, Forsythia, Dogwood (Red Osier & Grey), Sargent Crabapple, Sumac, Flowering Quince, Weigela, Cottoneaster (Peking & Spreading), Hazelnut, Border Privet (hedge planting), Pfitser Juniper, Yew, Tall Hedge (hedge planting).

   (F)   General landscaping. In addition to any interior parking lot landscaping and/or screening/buffer between land uses required by this section, not less than 10% of the site area, excluding existing thoroughfare rights-of-way, shall be landscaped. Areas used for storm drainage purposes, such as unfenced drainage courses or retention areas in front or side yards, may be included as a portion of the required landscaped area not to exceed 5% of the site area.

      (1)   All portions of the landscaped area shall be planted with grass, ground cover, shrubbery, or other suitable plant material, except that paved patios, terraces, sidewalks, and similar site features may be incorporated with Planning Commission approval.

      (2)   A mixture of evergreen and deciduous trees shall be planted at the rate of 1 tree for each 3,000 square feet or portion thereof of required landscaped open-space area.

      (3)   Required trees and shrubs may be planted at uniform intervals, at random, or in groupings.

      (4)   A portion of the required general landscaping, acceptable to the Planning Commission, shall be provided immediately adjacent to principal buildings. Said landscaping shall be of a size and extent proportionate with the building it is intended to enhance and soften. Larger and taller plant materials, such as deciduous, evergreen, and ornamental trees must comprise a significant portion of the required landscaping adjacent to larger structures or monotonous expanses of a building's exterior wall. The location, width, and configuration of planting beds as well as the number, size, type, and spacing of plant materials shall be subject to the review and approval of the Planning Commission. For buildings having a height of 14 feet or less, the average width of the planting beds shall not be less than 5 feet. When the height of the building exceeds 14 feet, the average minimum width of the planting beds shall be increased an additional 1 foot for each additional 2 feet of building height, up to a maximum required minimum average width 15 feet.

      (5)   The total landscaped area shall be the basis for determining the required number of trees or shrubs, irrespective of the portion of the site, which is devoted to patios, terraces, sidewalks, or other site features.

      (6)   Areas used for storm drainage purposes, such as but not limited to drainage courses, detention ponds, and retention ponds shall be landscaped with a mixture of evergreen and deciduous trees and shrubs in a manner acceptable to the Planning Commission. In the case of ponds or drainage courses that are required to be fenced, trees and shrubs shall be provided along the exterior side of said fencing so as to substantially obscure the fencing. For unfenced ponds or drainage courses, landscaping shall be arranged so as to provide a natural, rather than formal, planting effect. In addition, detention or retention ponds, which may be likely to retain water for an extended period of time, insofar as is practical, shall be designed and constructed to have a natural rather than a regular or rectangular shape.

      (1)   In off-street parking areas containing greater than 20 spaces, interior parking lot landscaping shall be provided in accordance with the following schedule:

         (a)   In an I-1 or I-2 District, 1 deciduous tree for each 4,000 square feet of the total of the paved driveway and parking lot surface is required.

         (b)   In all other districts, 1 deciduous tree shall be required for each 3,000 square feet of paved driveway and parking lot surface, provided that no less than 2 trees are provided.

      (2)   Trees shall be distributed evenly throughout the parking area. Whenever possible, parking lot landscaping shall be arranged to improve the safety of pedestrian and vehicular traffic, guide traffic movement, and improve the appearance of the parking area.

      (3)   Parking lot landscaping shall be no less than 5 feet in any single dimension and no less than 150 square feet in any single area. Landscaping shall be protected from parking areas with continuous raised reinforced concrete curbing to prevent vehicular encroachment onto the landscaped areas.

      (4)   A minimum of 1 deciduous tree having a clear trunk height of at least 6 feet shall be planted in each landscaped area.

      (5)   A minimum of 3 feet shall be established between trunk of the proposed tree and the backside of the curb or edge of the pavement for protection.

      (6)   The landscape plan shall designate the sizes, quantities, and types of plant material to be used in parking lot landscaping.

      (7)   All interior landscaped areas not dedicated to trees or to preservation of existing vegetation shall be landscaped with grass, ground cover, shrubs, or other appropriate landscape treatment. Sand, stones, gravel, or other pavement shall not be considered appropriate landscape treatment.

      (8)   Required landscaping elsewhere on the parcel shall not be counted in meeting parking lot landscaping requirements.

      (9)   Landscaped islands within the parking area shall be designed and placed so as not to unduly interfere or impede the removal of snow. Adequate areas shall be provided on-site for the disposition and storage of snow.

      (1)   Perimeter landscape strips separating parking lots and driving lanes from abutting rights-of-way:

         (a)   General requirements. Whenever an off-street parking lot or driving lane abuts a right-of-way, public or private, a perimeter landscape strip shall be created which meets the minimum standards established in this section. The perimeter strip shall extend along the length of the boundary between the edge of the planned right-of-way and the parking lot or driving lane. Accessways from public rights-ofway through required landscaped strips shall be permitted, but such accessways shall not be subtracted from the lineal dimension used to determine the minimum number of trees required unless such calculation would result in a violation of the spacing requirements set forth in this section.

         (b)   The strip meet shall be landscaped and planted in 1 of the following approved methods:

            1.   A 15 foot wide strip planted with 1 deciduous tree and 10 shrubs for each 35 feet of frontage;

            2.   A berm that is at least 2-1/2 feet higher than the finished elevation of the parking lot planted with 1 deciduous tree and 5 shrubs for each 35 feet of frontage;

            3.   An 8 foot wide landscaped strip with a minimum 3 foot grade drop from the right-of-way to the parking lot planted with 1 deciduous tree and 5 shrubs for each 35 feet of frontage;

            4.   An 8 foot wide buffer strip with a 3 foot high wall of brick, stone, or decorative finished concrete to screen the lot with 1 deciduous tree for each 35 feet of frontage planted between the wall and the right-of-way; or

            5.   If existing woodlands are available, the applicant may preserve a 25 foot wide strip in lieu of the landscaping requirement.

         (c)   For divisions 1 through 4 above, 2 ornamental or 2 evergreen trees may be substituted for each required deciduous tree.

      (2)   Other perimeter landscaping strips. In addition to the perimeter landscaping required in division (1) above, perimeter landscaping strips shall be required along the remaining boundaries of a parking lot or driving lane as follows:

         (a)   A landscaped strip at least 8 feet wide planted with 1 deciduous tree and 3 shrubs for each 35 feet of perimeter. For small, shallow, narrow, or unusually shaped lots, the Planning Commission may reduce the required width, modify the plantings required, or waive this requirement upon demonstration that compliance with this section would cause an undue hardship.

         (b)   If existing woodlands are available, the applicant may preserve a 25 foot wide strip in lieu of the landscaping requirement.

      (1)   All other pertinent provisions of this section are met, including but not limited to the following sections entitled: "Intent", "Scope of Application, Modification or Waiver of Requirements", and "Landscape Design Standards";

      (2)   A landscape plan is submitted for review and approval in compliance with the following sections entitled: "Landscape Plan Required", and "Review of Landscape Plan by Planning Commission";

      (3)   It can be clearly demonstrated in the landscape plan that the completed screening will provide a minimum visual obstruction of 60% in the winter and 80% in the summer to the minimum height of that specified for the required masonry obscuring wall.

      (1)   Existing vegetative cover and existing stands, groupings, and groves of existing trees, and all trees having a caliber of 6 inches or more shall be retained preserved and maintained to the maximum extent feasible and practical, as determined by the Planning Commission.

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

      (3)   In the event that healthy trees which are used to meet the minimum requirements of this section or those labeled to remain are cut down, destroyed, damaged, or excavated at the dripline, as determined by the city, the owner shall replace them with trees which meet section requirements.

      (1)   Where required or utilized under this section, berms shall be constructed with slopes not to exceed a 1:3 gradient with side slopes designed and planted to prevent erosion, and with a rounded crest a minimum of 2 feet in width at the highest point of the berm, extending the length of the berm. For the purposes of this provision, grade elevation shall be the ground elevation at the property line adjacent to the proposed berm. A berm shall be designed and placed so as not to impede storm drainage.

      (2)   The berm shall be planted with grass or other suitable ground cover to ensure that it withstands wind and weather and retains it height and shape.

      (3)   A minimum of 1 deciduous or evergreen tree shall be planted for each 30 linear feet or portion of required berm.

      (4)   Eight shrubs per tree may be planted as a substitute of the trees required division (3) above.

      (5)   Required trees and shrubs may be planted at uniform intervals, at random, or in groupings.

      (6)   For the purpose of determining required plant material, required berm length shall be measured along the exterior periphery of the berm.

      (7)   The height of berms, except where otherwise specified in this chapter, shall not be less than 4 feet, 6 inches. The Planning Commission may, in a specific instance, require additional height when necessary to achieve the desired obscuring effect and when this section does not clearly specify a particular height.

   (M)   Regulations pertaining to landscaping areas used for sight distance. When a driveway intersects a public right-of-way or when the subject property abuts the intersection of public rights-of-way, all landscaping within the corner triangular areas described below shall permit unobstructed cross-visibility. Shrubs located in the triangular area shall not be permitted to grow to a height of more than 30 inches above the pavement grade at the edge of the pavement. Portions of required berms located within sight distance triangular areas shall not exceed 30 inches above the pavement grade at the edge of the pavement. Trees may be maintained in this area provided that all branches are trimmed to maintain a clear vision for a vertical height of 8 feet above the roadway surface. Landscaping, except grass or ground cover, shall not be located closer than 3 feet from the edge of a driveway. The triangular areas referred to above are:

      (1)   The area formed at the corner of a public right-of-way and a driveway, 2 sides of the triangle area being 10 feet in length measured along the right-of-way line and driveway line and the third side being a line connecting these 2 sides;

      (2)   Two sides of the triangular area being 25 feet in length measured along the abutting public rights-of-way lines and the third side being a line connecting these 2 sides.

      (1)   Mechanical equipment. (This section does not apply to single-family residential uses or to any use in an Industrial District except if it abuts a residential district or use). When located outside of a building, support equipment including air conditioning and heating devices, water and gas meters, but not including plumbing or exhaust vents or chimneys, are to be screened to the height of the particular piece of equipment as follows:

      (2)   Outdoor storage. To be screened on all sides by a solid wall or fence.

      (3)   Trash receptacles. Developments located within the Commercial Districts which have off-street parking lots containing 250 or more parking spaces, shall provide trash receptacles, of a design approved by the Planning Commission, at evenly dispersed locations throughout the parking area at a ratio of 1 receptacle per each 50 spaces for use by patrons. All trash enclosures and trash receptacles shall be kept in good repair and maintained in a clean and orderly manner.

      (4)   Materials for fencing and screening may consist of the following:

         (a)   Solid board fences with posts not less than 4 inches by 4 inches and solid board cover not less than 1 inch (nominal) thick.

         (b)   Masonry piers may be substituted for wood posts.

         (c)   Posts or piers shall be spaced not more than 8 feet on center.

         (d)   The finished side of the wood shall face abutting properties.

         (e)   Stockade type fencing is not permitted.

(Ord. 04-03, passed 5-6-2004)

   (A)   This section regulates signs in Marine City that are on lands open to the public, visible from public road rights-of-way, private roads, public facilities, trails open to the public, and navigable waterways. It is a basic tenet of this division that unrestricted signing does not benefit either private enterprise or the community-at-large. Depending on their size, numbers, and character, signs may attract or repel visitors, affect the visual quality enjoyed by daily residents, affect the safety of vehicular traffic, and define the character of the area. Thus aesthetic considerations impact economic values as well as public health, safety, and welfare. Therefore this division of this section sets standards for the following purposes:

      (1)   Maintain and enhance the visual quality of the community.

      (2)   Improve pedestrian and motorist safety by minimizing distractions and obstacles to clear views of the road and directional or warning signs.

      (3)   Support and complement the land use objectives of the City Master Plan and this ordinance.

      (4)   Protect and enhance economic viability by assuring that the city will be a visually pleasant place to visit or live.

      (5)   Protect property values and private/public investments in property.

      (6)   Protect views of the natural landscape and sky.

      (7)   Avoid personal injury and property damage from structurally unsafe signs.

      (8)   Provide businesses with effective and efficient opportunities for identification by reducing competing demands for visual attention.

      (9)   Reflect the primary purpose of signing as being the identification of a particular user or use on a property, but not necessarily every activity or service performed thereon.

      (10)   Avoid excessive signing in order to give each business or use optimum visibility to passer-by traffic and if possible, prevent clutter, and to prevent 1 sign from blocking the view of another sign.

      (11)   Achieve some uniformity and balance in the size, number and placement of signs.

      (12)    Accommodate special circumstances or events that may create a need for temporary signs for a limited and reasonable time period.

   (B)    It is, therefore, within the health, safety and welfare responsibility of the city that this section is promulgated.

         (a)   All signs shall conform to all codes and ordinances of the city and, where required, shall be approved by the Building Inspector and a permit issued.

         (b)   No sign, except those established and maintained by the city, county, state or federal governments, shall be erected, located or placed in, project into or overhang a public right-of-way or dedicated public easement. The owner of any sign which has been removed by the city from the right-of-way because it is in violation of this provision shall pay to the city the actual costs of removal and storage or charges of $5 per day, whichever is greater. If the sign is not claimed within 5 days, it shall be destroyed.

         (c)   No sign otherwise permitted shall project above or beyond the maximum height limitation of the use district in which located.

         (d)   No sign above a height of 2 feet shall be located within, project into or overhang the triangular area formed at the intersection of street right-of-way lines by a straight line drawn between the right-of-way lines at a distance along each line of 25 feet from their point of intersection.

         (e)   Accessory signs shall be permitted in any use district and may be located in the required front yard except as otherwise provided herein.

         (f)   Non-accessory signs shall be permitted only in I districts.

         (g)   Illumination of signs shall be directed or shaded downward so as not to interfere with driver visibility, become hazardous to traffic or the vision of persons on adjacent streets or property. Flashing or intermittent type signs shall not be permitted.

         (h)   Any sign, including framing, now or hereafter existing, which no longer advertises a bona fide business conducted or a product or entertainment, service or commodity offered or sold on the lot, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign shall be found within 30 days after written notice from the Building Inspector. Notice shall be sent to the property owner of record, as indicated in city tax rolls, by certified mail. The owner may petition the Zoning Board of Appeals for temporary approval to install blank sign faces when it can be demonstrated that the sign structure is likely to be reused by a future business and the sign framework is in sound structural condition.

         (i)   Connections to an energy source for lighting shall be in accord with all codes of the city and shall not be exposed in any way that may constitute a safety hazard to the public.

         (j)   A minimum of five (5) feet of unobstructed pedestrian access along the sidewalk shall be maintained at all times.

         (a)   Signs not exceeding four (4) square feet in area and four (4) feet in height, measured from grade, when located along the edge of a driveway and intended to be visible from a public road. Only one such sign may be allowed at each driveway access to a public road and no such sign shall be allowed within the public right-of-way.

         (b)   Signs not exceeding two (2) square feet in area and six (6) feet in height, measured from grade, when located along the edge of, and intended to be visible from, an internal access driveway, internal pedestrian walkway, or off-street parking space.

         (c)   Non-illuminated wall signs, not exceeding two (2) square feet in display surface area and not exceeding one (1) per street frontage.

         (d)   Memorial signs or tablets which are either cut into the face of a masonry surface or constructed of bronze or other noncombustible material when located flat on the face of a building.

         (f)   Signs located on properties registered as a National or State Historic Site, when in compliance with the Michigan State Historic Preservation Office's standards for National or State Historic Site plaques.

         (g)   Signs located on properties owned or controlled by essential service providers and generally required by federal or state laws or for public safety purposes.

         (h)   Signs required to be erected to meet federal or state laws when in compliance with the sign design and placement specifications of such federal or state laws.

         (i)   Non illuminated window signs, each not exceeding six (6) square feet in display area. Illuminated window signs, not exceeding two (2) square feet in display area and not more than two (2) such signs per frontage, may also be allowed. The total area of all window signs in a single window shall not cover more than twenty-five (25) percent of the area of such window.

         (j)   Flags, provided no more than three (3) flags are allowed per property and no single flag shall exceed fifteen (15) square feet in area. Flags may either be attached to ground-mounted flag poles anchored in concrete or affixed to a building. The height of the flag pole shall not exceed the height restriction of the zoning district in which it is located. Flags, whether ground-mounted or wall-mounted, shall be grouped in a single area of the site or building.

         (k)   Decorative holiday displays.

         (l)   Public artwork or murals with no commercial message.

            1.   One (1) wall and one (1) ground sign, or combination thereof, may be permitted for any permitted non-residential use or lawful nonconforming use within a residential district. Such sign shall not exceed twenty (20) square feet in surface area and six (6) feet in height.

            2.   One (1) sign per street frontage may be permitted by Zoning Administrator approval to be placed flat against a building within an apartment complex provided that it shall not exceed twelve (12) square feet in surface display area. Such a sign may be illuminated provided that the source of the light is not visible beyond the property lines of the parcel upon which it is located.

            3.    permanent ground sign may be permitted by Zoning Administrator approval for each separate street frontage occupied by a subdivision, apartment, multi-family development or condominium complex or for each means of entrance to the subdivision, apartment, multi-family development or condominium complex from a public road, provided that the sign and structure shall be harmonious and appropriate in appearance with the existing and intended character of the general vicinity. No such sign shall exceed twenty (20) square feet in area and six (6) feet in height.

               a.   One ground sign shall be permitted per lot. However, if a lot fronts on 2 or more collector or arterial streets, a ground sign may be permitted for each such frontage, provided that such signs are separated by a minimum distance of 150 feet at any point on the sign.

               b.   Except as permitted above, not more than 1 ground sign may be erected accessory to any one development, regardless of the number of buildings, separate parties, tenants or uses contained therein.

               c.   For any frontage where a ground sign is permitted, such ground sign may be used in lieu of a pole sign, but not in addition to a pole sign.

               d.   Except as provided below, a ground sign shall have a sign area of not more than 1 square foot of sign area (per sign face) for each 3 lineal feet of street frontage up to a maximum of 50 square feet for a single face and 100 square feet for a total of all sign faces.

               e.   A ground sign shall not exceed 6 feet in height above the average grade of the immediately adjacent land upon which it is located.

               f.   The distance measured between the principal sign faces of any ground sign shall not exceed 18 inches at any point.

               g.   A ground sign shall be at least 10 feet from a building wall.

               h.   The minimum required setback for a ground sign from the property line separating the lot from the street shall be as follows:

 

 

                i.   A ground sign shall be setback at least 3 feet from all other property lines, except that when abutting a residential district or residential use, it shall be setback a distance not less than its height.

               j.    Ground signs may be substituted for an equal number of pole signs. In such cases, ground signs may be increased in area by up to 20% from that permitted above.

               k.    Ground signs may be illuminated as required by division (B)(2)(i).

               a.   Such signs may not project more than six feet into the public right-of-way nor be erected closer than three feet to any street curbline.

               b.   Any text, logos or other graphic representation qualifying as a sign which is placed on a canopy or marquee shall be included within the calculation of total permissible wall sign area.

               c.   A minimum clearance of eight (8) feet for canopies and ten (10) feet for marquees shall be maintained from ground level.

               d.    Canopies and marquees shall be permitted to be backlit only on those sides of the building which contain a public entryway or those having a pedestrian sidewalk immediately adjacent to the building.

               e.   Letters on a canopy or marquee sign shall not exceed twelve (12) inches in height.

               f.   The entire canopy shall be considered a wall sign when a translucent fabric canopy with signage is internally illuminated.

               a.   Not more than 1 pole sign may be erected accessory to any 1 development regardless of the number of buildings, separate parties, tenants or uses contained therein.

               b.   It shall be unlawful to erect any pole sign to a height greater than 30 feet above the level of the street upon which the sign faces. The distance from the ground to the bottom shall be not less than 8 feet, and the sign shall be so erected as not to obstruct traffic vision.

               c.   Pole signs may be illuminated as required by division (B)(2)(i).

               d.   All pole signs shall be securely built, constructed and erected upon posts and standards at least 42 inches below the material surface of the ground and shall be embedded in concrete. Wood or wood products shall be of wolmanized or equal treatment.

               e.   All letters, figures, characters, items or representations in cutout or irregular form maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure. Loose or missing letters, figures, characters or items shall constitute a maintenance violation.

               f.   The distance measured between the principal faces of any pole sign shall not exceed 18 inches.

               g.   Sign height, setback and size for pole signs.

 

               a.   Wall signs may be provided on all street sides, front sides or parking lot sides of a building, and the total surface area of all wall signs shall not exceed 10% of the area of the front elevation (including doors and windows) of the principal building or 3 square feet for each lineal foot of building frontage, or 100 square feet, whichever is less. Where a single principal building is devoted to 2 or more or commercial uses, the operator of each such use may install a front wall sign. The maximum area of each such sign shall be determined by determining the proportionate share of the front face (including doors and windows) of the principal building occupied by each such use and applying the proportion of the total sign area permitted from the front wall of the building; or the per cent agreed to by the occupants, total not to exceed the above area limitations. It is the responsibility of the applicant to provide the required information when applying for a sign permit.

               b.   The sign may be illuminated as required by division (B)(2)(i).

               c.   All wall signs of a greater area than 50 square feet shall have a have a surface or facing of noncombustible material.

               d.    Limitation on placement. No wall sign shall cover wholly or partially any wall opening nor project beyond the ends or top of the wall which attached.

               e.   No wall sign shall have a greater thickness than 12 inches measured from the wall to which it is attached to the outermost surface. Wall signs may project over the public right-of-way not to exceed 12 inches, provided clearance of not less than 7 feet 6 inches is maintained below the sign if the sign projects more than 4 inches. The sign shall not project above the roof line.

               f.   All wall signs shall be safely and securely attached to structural members of the building by means of metal anchors, bolts or expansion screws. In no case shall any wall sign be secured with wire, strips of wood or nails. The method of attachment shall be stated on the permit application. All plans for the erection of signs shall be submitted to the Building Inspector for review and approval and shall be further subject to all codes and ordinances of the city.

               a.   Only one wall of a building or structure may be used for the mural. The portion of the wall occupied by the mural shall not be greater than twenty-five percent (25%) of the total wall area.

               b.    Murals shall only be permitted on the side or rear walls of buildings.

               c.    Murals shall be allowed only on building walls that do not contain wall signs on the same wall as occupants of the building.

               d.    Murals depicting offensive or obscene materials, or partially nude or seminude persons, shall be prohibited.

               e.    Materials utilized in painting a mural shall have proven durability and shall be maintained or removed if not maintained.

               f.   The unauthorized inscribing, spraying of paint, or making symbols using chalk, dye, ink, paint, spray paint or similar materials on public or private places, structures, or other surfaces shall not be permitted.

         (a)   String lights used in connection with business premises, other than holiday decorations;

         (b)   Any sign unlawfully installed, erected or maintained;

         (c)   Signs erected on any post tree, utility pole, public right-of-way or dedicated public easement or other object within any area, whether public or private;

         (d)   Any sign or banner erected upon or across any public right-of-way or dedicated public easement except by permission of the City Commission;

         (e)   Signs which incorporate in any manner any flashing lights;

         (f)   Any sign or other advertising structure upon which is displayed any obscene, indecent or immoral matter;

         (g)   Rotating signs;

         (h)   Signs on park-type benches;

         (i)   Any sign on the roof of any building;

         (k)   Any sign type that is not defined within this chapter shall be subject to review and approval by the city.

         (a)   Temporary signs, as defined herein, may be allowed within the R-IA, R-1B, R-M and MHP Districts, provided the following requirements are met. Portable signs, as defined herein, are not allowed within the R-IA, R-1B, R-M and MHP Districts.

            1.   No more than one (1) temporary sign may be allowed per street frontage. Up to one (1) additional temporary signper street frontage is allowed during any of the below listed time periods:

               a.    During the time period starting when an election ballot has been certified by the County Clerk and extending 7 days after an election.

               b.    During the time period noted on a building permit issued by Marine City allowing for construction activities to occur on the site.

               c.    During the time period where the property is actively listed for sale.

            2.   Temporary signs shall not exceed 6 square feet of display area and 4 feet in height.

            3.   Temporary signs must be safely affixed, properly maintained and not allowed to become unsightly through disrepair or action of the elements.

            4.   The location of any sign permitted by this section shall not interfere with pedestrian traffic, driver safety, or handicap access.

         (b)   Temporary signs, as defined herein, may be allowed within the B-1, B-2, W-M, P-1, I-1 and I-2 Districts, provided the following requirements are met:

            1.   No more than one (1) ground-affixed temporary sign and one (1) building-affixed temporary sign may be allowed per street frontage. Up to one (1) additional ground-affixed or building-affixed temporary signper street frontage is allowed during any of the below listed time periods:

               a.    During the time period starting when an election ballot has been certified by the County Clerk and extending 7 days after an election.

               b.    During the time period noted on a building permit issued by Marine City allowing for construction activities to occur on the site.

               c.    During the time period where the property is actively listed for sale.

            2.   Temporary signs affixed to the ground shall not exceed 16 square feet of display area and 10 feet in height. Temporary signs affixed to a building shall not exceed 20 square feet of display area nor more than 10 feet in any single dimension.

            3.   Temporary signs must be safely affixed, properly maintained and not allowed to become unsightly through disrepair or action of the elements.

            4.   The location of any sign permitted by this section shall not interfere with pedestrian traffic, driver safety, or handicap access.

            5.   Additional requirements for specific temporary sign types: The following specific sign types shall require permit approval by the Zoning Administrator for specified time periods which, in total, do not exceed 60 days in any one calendar year:

               a.    Banners, provided they are affixed to a building wall, over a permanent sign, or by other means necessary so long as the banner is stationary and safely supported.

               b.   Tear drop flags.

         (c)   Portable signs, as defined herein, may be allowed within the B-1, B-2, W-M, P-1, I-1 and I-2 Districts, provided the following requirements are met:

            1.   Such signs may be located outside for display only during regular business hours.

            2.   No more than 1 portable sign may be allowed per street frontage.

            3.   Portable signs shall not exceed 9 square feet of display area and 4 feet in height.

            4.   Portable signs must be properly maintained and not allowed to become unsightly through disrepair or action of the elements.

            5.   The location of portable signs shall not interfere with pedestrian traffic, driver safety, or handicap access.

         (a)   All existing signs that do not conform to the provisions of this chapter shall be permitted to continue as nonconforming signs until such time as they are removed or until any changes are necessary, at which time they shall conform to the provisions of this chapter. The provisions of this division shall not apply to electrical maintenance and repainting.

         (b)   A nonconforming use shall not be permitted to add additional signs to the building or premises other than those existing. Signs on nonconforming uses shall be maintained in good repair or be removed, and such removal shall be conditional to divisions (B)(9) and (10) hereof.

         (c)   No permits for the installation, erection or placement of any new signs shall be issued while a nonconforming sign or an unlawful sign remains in use upon the same premises.

            1.   Exempt signs listed in division (B)(3).

            2.    Temporary signs as regulated by division (B)(6), unless otherwise specified therein.

            1.   Name, address and telephone number of the applicant;

            2.   Location of building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected;

            3.   Position and location of the sign or other advertising structure in relation to nearby buildings or structures;

            4.   Two blueprints or drawings of the plans and specifications and methods of construction and attachment to the building or in the ground;

            5.   Name of person, firm, corporation or association erecting the structure and as required by division (B)(2)(a) above;

            6.   Written consent of the owner where the sign is to be erected on vacant land;

            7.   In all cases where wiring is to be used in connection with the structure, it shall comply with the city's Electrical Code. The Electrical Inspector shall approve and affix his or her signature to the permit if it is deemed necessary by the Electrical Inspector;

            8.   Insurance policy or bond as required by division (B)(2)(a) of this section; and

            9.    Such other information as the Building Inspector shall require to show full compliance with this section and all other ordinances of the city.

(Prior Code, App., § 1310) (Ord. 97-4, passed 8-7-1997; Am. Ord. 08-05, passed 10-2-2008; Am. Ord. 11-04, passed 8-4-2011; Am. Ord. 2018-007, passed 9-20-2018; Am. Ord. passed 10-21-2021)

   (A)   For those Use Districts and uses listed below, there shall be provided and maintained on those sides abutting or adjacent to a residential district an obscuring masonry wall as set out below:

 

   (B)   Required walls and fences shall be located on the lot line except where utilities interfere and except in instances where this chapter requires conformance with front yard setbacks. Required walls may, upon approval of the Board of Appeals, be located on the opposite side of an alley right-of-way from a nonresidential zone that abuts a residential zone when mutually agreeable to affected property owners. The continuity of the required wall on a given block will be a major consideration of the Board of Appeals in reviewing the request.

   (C)   (1)   The walls and screening barrier shall have no openings for vehicular traffic or other purposes, except as otherwise provided in this chapter and except the openings as may be approved by the Building Inspector. All walls herein required shall be constructed of materials approved by the Building Inspector, to be durable, weather resistant, rust proof and easily maintained and wood or wood products shall be specifically excluded.

      (2)   Masonry walls shall be erected on a concrete foundation which shall have a minimum depth of 42 inches below a grade approved by the Building Inspector and shall be not less than 4 inches wider than the wall to be erected.

      (3)   Masonry walls may be constructed with openings above 32 inches above grade provided such openings are not larger than 64 square inches and do not comprise more than 1/3 of the total area of that part of the wall located more than 32 inches above grade.

   (D)   (1)   The Board of Appeals may waive or modify the foregoing requirements where cause can be shown that no good purpose would be served, provided that in no instance shall a required wall be permitted to be less than 4 feet in height.

      (2)   In consideration of requests to waive wall requirements between nonresidential and residential districts, the Board shall refer the request to the Planning Commission for a determination.

      (3)   In such cases as the Planning Commission determines the residential district to be a future nonresidential area, the Board may temporarily waive wall requirements for an initial period not to exceed 12 months. Granting of subsequent waivers shall be permitted, provided that the Planning Commission shall make a determination as hereinbefore described, for each subsequent waiver prior to the granting of such waiver by the Board.

   (E)   A permit shall be required prior to the erection of an obscuring wall or fence in accordance with § 156.20 of this code.

(Prior Code, App., § 1311) (Ord. 83-9, passed 11-3-1983; Am. Ord. 87-5, passed 5-7-1987; Am. Ord. 2019-002, passed 2-21-2019)

   In all “R” Districts, so called entranceway structures, including but not limited to walls, columns, and gates, marking entrances to single family subdivisions or multiple housing projects may be permitted and may be located in a required yard, except as provided in § 160.223; corner clearance, provided that the entranceway structures shall comply to all codes and ordinances of the City of Marine City, be approved by the Building Inspector and a permit issued.

(Prior Code, App., § 1312)

   No fence, wall, shrubbery, sign or other obstruction to vision above a height of 30 inches from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between the right-of-way lines at a distance along each line of 25 feet from their point of intersection.

(Prior Code, App., § 1313)

   (A)   No portion of a lot or parcel once used in complying with the provisions of this chapter for yards, lot area per family, density as for a development in the multiple family district, or percentage of lot occupancy, in connection with an existing or proposed building or structure, shall again be used as part of the lot or parcel required in connection with any other building or structure existing or intended to exist at the same time.

   (B)   Uses not expressly permitted under this chapter are prohibited in all districts.

(Prior Code, App., § 1314) (Am. Ord. 11-06, passed 10-6-2011; Am. Ord. 14-01, passed 3-20-2014)

   (A)   All lighting for parking areas or for the external illumination of buildings or grounds or for the illumination of signs shall be directed away from and shall be shielded from adjacent residential districts and shall also be so arranged as to not adversely affect driver visibility on adjacent thoroughfares.

   (B)   Within all developments, the height of light standards shall not exceed 30 feet for parking lots and private roadways nor 15 feet for pedestrian walkways. These restrictions shall not apply in the Industrial Districts where, except as otherwise permitted, the height of light standards shall be limited to the height limit for structures in the district. When necessary to determine compliance, the Planning Commission may require the submission of an exterior illumination plan.

(Prior Code, App., § 1315) (Am. Ord. 04-03, passed 5-6-2004)

   All lots or parcels which border on a lake, river or canal shall be considered as waterfront lots. The setback from the shoreline shall equal the average setback of principal buildings located on abutting properties or where no buildings exist on abutting properties the setback shall equal the average of those existing in the same block or as established by the Board of Appeals.

(Prior Code, App., § 1316)

   The division of any parcel of land or the splitting of any lot in a recorded plat may be permitted and shall be subject to and comply with the following provisions and restrictions:

   (A)   The applicant shall be owner of the parcel or lot, including the fee title owner if the owner is a land contract purchaser.

   (B)   The applicant shall submit to the Building Inspector 4 copies of the sketch of the proposed division or split, together with the following information:

      (1)   Name and address of the applicant;

      (2)   The date of the sketch, north arrow and the scale;

      (3)   Boundary lines and area of the parcel or parcels to be split;

      (4)   Names of all streets, rights-of-ways and roadways of all existing or proposed streets within or abutting the parcel or parcels proposed to be split;

      (5)   All existing structures and physical features which would influence the layout and design of the proposed lot split;

      (6)   Location, width and purpose of existing and proposed easements;

      (7)   Legal description of existing parcels to be split; and

      (8)   Proposed legal description of each parcel.

   (C)   The Building Inspector and the city’s Planning Commission shall jointly approve the application provided it is in conformance with all ordinances, including the zoning ordinance, and administrative rules and regulations of the City of Marine City.

   (D)   Approval of the application, or disapproval thereof with reasons therefor, shall be delivered promptly to the City Commission for final action thereon by appropriate resolution.

   (E)   The applicant shall pay a fee as set by resolution of the City Commission upon the filing of any application or revised application.

   (F)   This chapter shall be effective 10 days after publication thereof.

(Prior Code, App., § 1317) (Ord. 65, passed 11-18-1971; Am. Ord. 81-17, passed 1-7-1982; Am. Ord. 06-02, passed 4-6-2006)

   The following regulations shall apply to all condominium developments within the City of Marine City.

   (A)   Initial information. Concurrently with notice required to be given City of Marine City pursuant to § 71 of Public Act 59 of 1978, as amended (the Condominium Act, being M.C.L.A. §§ 559.101 to 559.276), a person, firm or corporation intending to develop a condominium project shall provide the following information:

      (1)   The name, address and telephone number of:

         (a)   All persons, firms or corporations with an ownership interest in the land on which the condominium development will be located together with a description of the nature of each entity’s interest (for example, fee owner, optionee or land contract vendee);

         (b)   All engineers, attorneys, architects, planners or registered land surveyors associated with the project; and

         (c)   The developer or proprietor of the condominium development.

      (2)   The legal description of the land on which the condominium development will be developed together with appropriate tax identification numbers;

      (3)   The acreage content of the land on which the condominium development will be developed;

      (4)   The purpose of the development (for example, residential, commercial, industrial and the like);

      (5)   Approximate number of condominium units to be developed on the subject parcel;

      (6)   Whether or not a community water system is contemplated; and

      (7)   Whether or not a community septic system is contemplated.

   (B)   Information to be kept current. The Initial Information shall be furnished to the City Zoning Administrator and shall be kept updated until such time as a certificate of occupancy has been issued, pursuant to § 160.294 of this chapter.

   (C)   Site plans for new projects. Prior to recording of the Master Deed, required by § 72 of Public Act 59 of 1978, being M.C.L.A. §§ 559.101 to 559.276, as amended, the condominium development shall undergo site plan review and approval, pursuant hereto. In addition, the city shall require appropriate engineering plans, including as-built drawings and inspections, prior to the issuance of any certificates of occupancy.

   (D)   Site plans for expandable or convertible projects. Prior to expansion or conversion of a condominium development to additional land, the new phase of the project shall undergo site plan review and approval, pursuant hereto.

   (E)   Master deed, restrictive covenants and “as-built” survey to be furnished. The condominium development developer or proprietor shall furnish the Zoning Administrator with the following: 1 copy of the recorded Master Deed; 1 copy of all restrictive covenants, and 2 copies of an “as-built survey.” The “as-built survey” shall be reviewed by the City Engineer for compliance with city ordinances. Fees for this review shall be established by resolution of the City Commission.

   (F)   Monuments required.

      (1)   All condominium projects. All condominium projects shall be marked at their boundaries with monuments meeting the requirements of division (F)(2)(a) below.

      (2)   Site condominium projects. All condominium developments, which consist in whole or in part of condominium units which are residential, commercial, or industrial building sites, mobile home sites, or recreational sites, shall be marked with monuments as provided in this division.

         (a)   All monuments used shall be made of solid iron or steel bars at least 1/2 inch in diameter and 36 inches long, and completely encased in concrete at least 4 inches in diameter.

         (b)   Monuments shall be located in the ground: at all angles in the boundaries of the condominium development, at the intersection lines of streets, at the intersection of the lines of streets with the boundaries of the condominium development, and at the intersection of alleys with the boundaries of the condominium development, at all points of curvature, points of tangency, points of compound curvature, points of reverse curvature and angle points in the side lines of streets and alleys, and at all angles of an intermediate traverse line. It is not intended or required that monuments be placed within the traveled portion of a street to mark angles in the boundary of the condominium development if the angle points can be readily reestablished by reference to monuments along the sidelines of the streets.

         (c)   If the required location of a monument is in an inaccessible place or where the locating of a monument would be clearly impracticable, it is sufficient to place a reference monument nearby and the precise location thereof be clearly indicated on the plans and referenced to the true point.

         (d)   If a point required to be monumented is on a bedrock outcropping, a steel rod, at least 1/2 inch in diameter shall be drilled and grouted into solid rock to a depth of at least 8 inches.

         (e)   All required monuments shall be placed flush with the ground where practicable.

         (f)   All unit corners, all intersections in the boundary or boundaries of all limited common elements, and all interesections in the boundary or boundaries of common elements shall be monumented, in the field, by iron or steel bars or iron pipes at least 18 inches long and 1/2 inch in diameter, or other approved markers.

         (g)   The City Commission may waive, for a reasonable time, not-to-exceed 1 year, the placing of any of the required monuments and markers, on the condition that the proprietor deposits, with the City Clerk, in an amount to be established by the City Commission, by resolution: cash, a certified check, or irrevocable bank letter of credit to the City of Marine City, whichever the proprietor selects. The cash, certified check or irrevocable bank letter of credit shall be returned to the proprietor upon receipt of a certificate, issued by a surveyor, that the monuments and markers have been placed as required and within the time specified.

   (G)   Compliance with federal, state and local laws. All condominium developments shall comply with federal and state statutes and local ordinances.

   (H)   Occupancy. The Zoning Administrator may allow occupancy of the condominium development before all improvements, required by this chapter are installed, provided that cash, a certified check or an irrevocable bank letter of credit is submitted, sufficient in amount and type, to provide for the installation of improvements before the expiration of the temporary occupancy permit and without expense to the city.

   (I)   Site condominiums.

      (1)   Review procedures. Pursuant to authority conferred by § 141 of the Condominium Act, Act 59 of 1978, being M.C.L.A. §§ 559.101 to 559.276, as amended, before condominium units may be sold or site improvements initiated, all condominium subdivision plans must be approved by the City Commission, following review and recommendation for approval by the Planning Commission. In determining whether to recommend a condominium subdivision plan for approval to the City Commission, the Planning Commission shall consult with the Zoning Administrator, City Attorney, City Engineer and City Planner regarding the adequacy of the Master Deed, deed restrictions, utility systems and streets, development layout, and design and compliance with all requirements of the Condominium Act, being M.C.L.A. §§ 559.101 to 559.276 and City Zoning Ordinance. The review process shall consist of 2 steps:

         (a)   Preliminary plan review. In the preliminary plan review phase, the Planning Commission shall review the overall plan for the site, including basic road and unit configurations and the consistency of the plans with all applicable provisions of the Marine City Zoning Ordinance and Master Plan. Plans submitted for preliminary review shall include information specified herein.

         (b)   Final plan review. Upon receipt of preliminary plan approval, the applicant should prepare the appropriate engineering plans and apply for Final Review by the Planning Commission. Final plans shall include information as required hereby. The plans shall be reviewed by the City Planner, City Attorney, and City Engineer. Further, the plans shall be submitted for review and comment to all applicable local, county and state agencies as may be appropriate, and as determined by the Planning Commission. The City Commission may grant approval of the final plans after receiving the recommendation of the Planning Commission, and following expiration of the time allotted to other parties to review and comment on the plans.

      (2)   Exhibits required. In addition to the requirements of § 66 of the Condominium Act, being M.C.L.A. §§ 559.101 to 559.276 and the requirements for site plans contained herein, all plans for site condominium projects presented for approval shall contain the following information:

         (a)   Survey of the condominium subdivision site;

         (b)   A survey or drawing delineating all natural features on the site including, but not limited to: ponds, streams, lakes, drains, floodplains, wetlands and woodland areas;

         (c)   The location size, shape, area and width of all condominium units and common elements, and the location of all proposed streets;

         (d)   A generalized plan for the provision of utilities and drainage systems;

         (e)   A copy of the Master Deed and a copy of all restrictive covenants to be applied to the project;

         (f)   A utility plan showing all sanitary sewer, water, and storm drainage improvements, including all easements to be granted to the City for repair and maintenance of all utilities;

         (g)   A street construction, paving and maintenance plan for all streets within the proposed condominium subdivision;

         (h)   A storm drainage and stormwater management plan, including all lines, swales, drains, basins and other facilities; and

         (i)   A mechanism contained in the Master Deed and/or Bylaws providing for the continued maintenance of all common elements.

      (3)   Compliance with Zoning Ordinance. A site condominium development, whether intended for residential, commercial or industrial use shall be subject to all of the requirements and standards of the applicable Zoning District in which the development is located.

      (4)   Streets. The design of streets within a site condominium project shall be subject to the same Design Layout Standards as established for subdivisions as set forth in the subdivisions chapter of the Code of Ordinances of the City of Marine City, except as may otherwise be provided by this chapter. All newly created streets, regardless of whether they are to be in public or private ownership, shall conform to at least all minimum requirements of the general specifications and typical cross sections, including bituminous or concrete paving standards, as set forth herein. All streets which are not dedicated to the public shall be properly maintained. The road surface shall be kept in good repair. Accumulations of snow and ice shall be promptly removed. The master deed shall contain adequate mechanisms to insure that streets will be properly maintained. The provisions shall be reviewed and approved by the City Engineer and City Attorney.

      (5)   Condominium units. Condominium units within site condominium developments shall conform to the following standards:

         (a)   The unit size, width, depth and shape of any site condominium shall be appropriate for the location and type of development contemplated.

         (b)   Condominium unit areas and widths and building setback lines shall conform to at least the minimum lot and setback requirements of the Zoning Ordinance for the District in which the site condominium is proposed.

         (c)   Condominium units situated on corners in residential condominium subdivisions shall be at least 10 feet wider than the minimum lot width permitted by the Zoning Ordinance. In instances where the minimum required lot width is greater than 100 feet, this requirement shall not apply.

         (d)   Excessive condominium unit depth in relation to width shall be avoided. A depth-to-width ratio of 3 to 1 shall normally be considered a maximum.

         (e)   Condominium units intended for purposes other than residential use shall be specifically designed for such purposes, and shall have adequate provision for off-street parking, setbacks, and other requirements in accordance with the Zoning Ordinance.

         (f)   Every condominium unit shall front or abut on a street for the full width of the unit. The measurement of unit width shall be determined in the same manner as prescribed in the Zoning Ordinance for “lots”.

         (g)   Side condominium unit lines shall be at right angles or radial to the street lines.

         (h)   Residential condominium units abutting major thoroughfares or collector streets, where marginal access streets are not desirable or possible to attain, shall be situated with reverse frontage condominium units or with side condominium unit lines parallel to the major traffic streets.

         (i)   Condominium units shall have a front-to-front relationship across all streets where possible.

         (j)   Where condominium units border upon bodies of water, the front yard may be designated as the waterfront side of the condominium unit, provided the buildable area of the condominium unit has sufficient depth to provide adequate setback on the street side to maintain a setback for all structures equal to the front setback on the street side as well as on the waterfront side.

      (6)   Blocks.

         (a)   Maximum length for blocks shall not exceed 1,400 feet in length, except where, in the opinion of the Planning Commission, conditions may justify a greater distance.

         (b)   Widths of blocks shall be determined by the condition of the layout and shall be suited to the intended layout.

      (7)   Natural resources. The natural features and character of lands must be preserved wherever possible. Due regard must be shown for all natural features such as large trees, natural groves, water courses and similar community assets that will add attractiveness and value to the property, if preserved. The preservation of drainage and natural stream channels must be considered by the proprietor and the provision of adequate barriers, where appropriate, shall be required.

      (8)   Provision of common elements (excluding roads). In the case of residential developments, not less than 5% of the gross land area of the parcel to be developed as a “site condominium” shall be designated as a general common element. The common element shall be permanently reserved for use as active or passive recreational areas or natural resource preserve or a combination of both.

      (9)   Sidewalks. Sidewalks shall be installed by the developer in all site condominium developments. Sidewalks shall be a minimum of 5 feet in width along both sides of collector and minor streets and 6 feet in width along all major thoroughfares. Sidewalks shall be placed within the street right-of-way and shall be located 1 foot from the edge of the right-of-way. Sidewalks shall also be constructed within the public right-of-way along existing public roadways on the side or sides of the roadway abutting the site condominium development. In instances where the right-of-way of an adjacent public roadway is not sufficient to construct said sidewalk, the developer shall dedicate such additional land as may be necessary to properly accommodate the sidewalk. Pedestrian access to all general common areas shall be provided. Upon review of the site plan, the Planning Commission may approve alternate locations for the sidewalks or may waive the sidewalk requirement if it would not serve the purpose of providing adequate pedestrian circulation. Notwithstanding the above, in instances where the average width of condominium units is greater than 100 feet, sidewalks along internal streets shall not be required.

      (10)   Utilities.

         (a)   Storm drainage. An adequate storm drainage system, including necessary storm sewers, catch basins, manholes, culverts, bridges and other appurtenances, as approved by the City Engineer, shall be required in all developments. Adequate provision shall be made for proper drainage of storm water from the rear yards of condominium units. Drainage of each yard shall be self-contained and shall be drained from rear to front except where topography or other natural features require otherwise. The City Commission may require that all storm sewers be installed within the public rights-of-way or within the general common elements and dedicated to the City when, in the opinion of the City Commission, dedication of the same would be in the best interest of the city.

         (b)   Sewage disposal. A sanitary sewer system including all appurtenances shall be required in all developments which shall connect and outlet into a city sanitary sewer system.

         (c)   Water supply. A water supply system including appurtenances shall be required in all developments which shall be connected to a city water supply system.

         (d)   Requirements for underground wiring. The proprietor shall make arrangements for all lines for telephone, electric, television, and other similar services, distributed by wire or cable, to be placed entirely underground throughout the development area; and the conduits or cables shall be placed within private easements provided to the service companies by the developer, or within dedicated public ways; provided, only, that overhead lines may be permitted upon written recommendation of the City Engineer and the approval of the Planning Commission at the time of site plan approval, where it is determined that overhead lines will not constitute a detriment to the health, safety, general welfare, design and character of the development. All such facilities, placed in dedicated public ways, shall be planned so as not to conflict with other underground utilities. All such facilities shall be constructed in accordance with standards of construction approved by the Michigan Public Service Commission. All drainage and underground utility installations, which traverse privately held property, shall be protected by easements granted by the proprietor.

      (11)   For the purpose of insuring proper response by emergency vehicles, road name signs and traffic control signs shall be installed at all street intersections within or abutting the condominium development in accordance with the city standards. Street names shall be designated in a manner so as not to duplicate or be confused with preexisting streets within the city or postal zone. For private streets, in addition to the above requirements, a sign, meeting city standards, with the words “Not a Public Street”, shall be installed and maintained at all points where private streets meet public streets.

      (12)   Street lighting. For the purpose of protecting public safety, street lights meeting the standards of the Marine City County Road Commission and the public utility providing such lighting shall be installed and maintained within the condominium development at all street intersections. The association of co-owners shall be responsible for the full cost of operation of street lights.

      (13)   Street trees and landscaping.

         (a)   Street trees shall be provided in the ratio of at least 1 per dwelling unit, shall be placed along the right-of-way, and shall not be less than 8 feet in height. This requirement may be waived by the Planning Commission in cases where the site contains substantial woodlands which are to be preserved, and where, in the opinion of the Planning Commission, no useful public purpose would be served. Unless otherwise approved by the city, street trees, when required, shall be planted in the strip between the sidewalk and the curb.

         (b)   The following trees are prohibited:

            1.   Box elder;

            2.   Soft maples (red, silver);

            3.   Elms;

            4.   Poplars;

            5.   Willows;

            6.   Horse chestnut (nut bearing);

            7.   Tree of Heaven; and

            8.   Catalpa.

         (c)   All unimproved surface area of the site shall be planted with grass, ground cover, shrubbery, or other suitable landscape materials, except that patios, terraces, decks, and similar site features may be allowed.

      (14)   Maintenance bond. Prior to acceptance by the city of any improvements which are to be dedicated to the city, a 2 year maintenance bond in an amount set by the City Commission, upon recommendation from the City Engineer, shall be posted by the proprietor.

      (15)   Final documents to be provided. After submittal of the condominium plan and bylaws as part of the master deed, the proprietor shall furnish to the city a copy of the site plan on a Mylar sheet of at least 13 inches by 16 inches with an image not to exceed 10-1/2 inches by 14 inches.

(Prior Code, App., § 1318) (Ord. 97-2, passed 6-5-1997)

   In the R-1A and R-1B zoning districts only 1 single-family dwelling shall be constructed on a lot. In the case of a licensed mobile home park or in the case of a “site condominium” where no “subdivision” of land under Public Act 288 of 1967 (the Subdivision Control Act), as amended, has taken place, and where the land therefore remains as 1 “lot or parcel,” this restriction shall not apply; however, in this instance, not more than 1 single-family dwelling shall be constructed upon an individual “unit of ownership” within a site condominium development.

(Prior Code, App., § 1319) (Ord. 97-2, passed 6-5-1997)

   Every dwelling or principal building shall be located upon a lot which shall front upon a public street for the minimum required width of the lot. Modification of this requirement may be permitted by the Zoning Commission of Appeals after recommendation from the Planning Commission in cases where unusual topographic or geographic conditions exist. Except that, in the case of a “site condominium”, which has been approved by the city, a dwelling unit may be constructed upon an individual “unit of ownership” that has the required frontage upon an approved street, regardless of whether the street has been dedicated to the city or remains under the ownership and control of the association of co-owners.

(Prior Code, App., § 1320) (Ord. 97-2, passed 6-5-1997)

   (A)   Applicability. For all developments which occur in the R-M, MHP, B-1, B-2, W-M, I-1 and I-2 Districts, and for all developments, except single-family and two-family residences, in the R-1A and R-1B Districts, a concrete sidewalk shall be constructed across all public street frontages on the side or sides of the roadway abutting the development. The provision of sidewalks within a subdivision which is submitted for approval shall be governed by the City of Marine City Subdivision Regulations Ordinance. All construction plans for sidewalks shall also be approved by the City Engineer, County Road Commission or Michigan Department of Transportation as applicable.

(Prior Code, App., § 1321) (Ord. 98-2, passed 3-19-1998; Am. Ord. 04-03, passed 5-6-2004)

   (A)   Purpose. These regulations are established to promote the consistent, orderly development of the community, to preserve property values and to protect and enhance the character of the city’s visual environment. The requirements of this section are not intended to regulate structural quality, workmanship or the various performance and maintenance characteristics of the various materials listed in the following schedule.

   (B)   Applicability. All exterior wall materials installed in the Zoning Districts listed below shall comply with the Schedule Regulating Exterior Wall Building Materials. For purposes of this Schedule the Zoning Districts shall be grouped in the following categories.

      (1)   All exposed exterior surfaces of a building, inclusive of window and door surfaces, shall be included in the calculation to determine the total exposed building wall facade area. That total area shall represent 100% of the exterior building wall facade.

      (2)   If variation in color and pattern of the material is used in order to articulate the building’s facade, up to 100% of this material may be used.

      (3)   Includes all common types of aluminum siding and all other aluminum, porcelain, stainless steel, steel or other pre-finished metal siding.

      (4)   Chimneys located on exterior walls of a multiple-family residential structure shall be treated with face brick or stone on 100% of all exposed surfaces. The Planning Commission may grant an exception when the brick or stone would, in the opinion of the Planning Commission, be incompatible with or detract from the overall architectural design.

      (5)   On the side of the structure where the garage door is located the exterior wall surface above the garage door shall be treated with the same material as the remainder of the wall adjacent to the door.

      (6)   The rear elevation of all multiple-family residential structures shall provide at least 1 horizontal offset of at least 4 feet to provide for three-dimensionality to the facade. The rear-roofline configuration shall also provide similar vertical offsets.

      (7)   (a)   There shall be a minimum of 50% face brick, granite, marble or limestone on all multiple-family residential, commercial and office structures.

         (b)   The office portion of an industrial/warehouse building shall be constructed of high quality masonry materials which shall include a minimum of 75% face brick, jumbo brick and/or structural brick units. An exception to the minimum brick/stone requirement may be granted for structures which meet the criteria specified as follows: Where the developer is proposing homes which reproduce specific historical periods in order to create a theme (e.g. traditional New England Colonials or Saltbox, Victorian, Queen Anne, Early American Bungalow or Farmhouse Styles), the Planning Commission may vary the standards in this schedule in order to create a unique and creative design theme (see division (B)(8)(a)).

      (8)   (a)   Where the developer is proposing homes which reproduce specific historical periods in order to create a theme (e.g. traditional New England Colonials or Saltbox, Victorian, Queen Ann, Early American Bungalow or Farmhouse Styles), the Planning Commission may vary the standards in this schedule in order to create a unique and creative design theme.

         (b)   For commercial, office and industrial buildings and/or developments, the Planning Commission may approve modifications to these standards to achieve a specific architectural objective as demonstrated by the project sponsor in meeting the overall development objectives of the community.

      (9)   Scored block shall not be construed to be included in the category of shadow pattern or split face block. Scored block may be used for architectural accents only and shall not exceed 10% of the exposed exterior surfaces of a building.

(04-04, passed 5-6-2004)

         (a)   Vertical clearance. The minimum vertical blade tip clearance from grade shall be 20 feet for a wind energy system employing a horizontal axis rotor. Blade or rotor arc must be demonstrated to be a safe and reasonable distance from any separate building, structure, utility wire, or tree.

      (1)   An on-site use wind energy system shall be located only in a rear yard; and

      (2)   The height of the tower above the average grade of the lot shall not exceed 35 feet to the top of the blade in its vertical position.

(Ord. 08-01, passed 5-15-2008)

   The outdoor display of products or materials intended for retail sale or rental, outdoor seating, and/or planters may be permitted only in the B-1, Central Business District, B-2, General Business District, W-M, Waterfront Recreation and Marina District, and NMD, Nautical Mile District, subject to the following conditions. Outdoor display shall not include any signage in addition to that permitted with the permitted use:

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

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

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

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

      (5)   An outdoor display shall comply with the corner clearance requirements of § 160.223.

      (6)   Approval for the outdoor display is to be reviewed and completed administratively by the Zoning Administrator.

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

      (8)   Outdoor displays, seating and /or planters are prohibited from December 1, through and including March 31.

      (1)    An outdoor display may be located in front or adjacent to the principal use establishment. An outdoor display that extends beyond the property lines of the principal use property shall require the written permission of the affected property owners.

      (2)   If an outdoor display is located on a public sidewalk, a minimum of five (5) feet of unobstructed, pedestrian access along the sidewalk shall be maintained at all times. An outdoor display on a public sidewalk shall be confined to normal business hours. Fences, barricades or similar enclosures which may damage the public sidewalk are prohibited.

      (1)    Outdoor sales areas shall not be located within the required front setback, except for sales of living nursery stock. Ornamental displays associated with the sale of nursery stock shall be permitted; however, in no case shall the outdoor storage or sale of bulk materials, such as topsoil, mulch or gravel, whether packaged or not, be permitted within the front yard setback.

      (2)   Outdoor sale and display areas that abut residentially zoned or used property shall be screened in accordance with § 160.219(I) and § 160.221.

(Ord. 2018-006, passed 11-1-2018)

   An outdoor cafe service operated by an eating or drinking establishment which sells food or drink for immediate consumption may be permitted in the B-1, Central Business District, B-2, General Business District, W-M, Waterfront Recreation and Marina District, and NMD, Nautical Mile District, subject to the following conditions:

   (A)   A sketch plan depicting the location and layout of the café facility shall be required. Approval for the use is to be reviewed and completed administratively by the Zoning Administrator. A permit shall remain in effect, unless there is a change in ownership, a material change in the sketch plan, or the operation of the café fails to meet the standards contained herein.

   (B)   An outdoor café may be located in the front yard of or adjacent to the principal use establishment. An outdoor café that extends beyond the property lines of the principal use property shall require the written permission of the affected property owners.

   (C)   Within the B-1, W-M and NMD Districts, an outdoor café may be located on a public sidewalk, provided:

      (1)   A minimum of five (5) feet of unobstructed, pedestrian access along the sidewalk shall be maintained.

      (2)   The outdoor café shall be designed and maintained to ensure that this required unobstructed space is free of all obstructions and trip hazards.

      (3)   A minimum clearance height of eight (8) feet shall be provided from the sidewalk surface and any overhead projection associated with the outdoor café, such as an umbrella.

      (4)   Adequate space shall be provided for vehicle entry between on-street parking spaces and the sidewalk café.

      (5)   Fences, barricades or similar enclosures which may damage the public sidewalk are prohibited.

      (6)   No outdoor café shall be located within the triangular area formed at the intersection of any street edge with another street edge or driveway edge by a line drawn between the street or driveway edges at a distance along each line of 10 feet from their point of intersection.

      (7)   Additional restrictions may be placed, or exceptions to the above restrictions may be granted, by the Zoning Administrator to ensure that the use of the city sidewalk is conducted in a safe manner.

   (D)   An outdoor café shall comply with the corner clearance requirements of § 160.223.

   (E)   An outdoor cafe shall be allowed only during normal operating hours of the principal use establishment.

   (F)   The exterior of the premises shall be kept clean, orderly and maintained or the permit may be revoked. All food preparation shall be inside of the premises of the principal use establishment. There shall be no food cooking or preparation within the designated outdoor café space.

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

   (H)   All outdoor cafes shall comply with applicable regulations of the County Health Department and the State, including the Michigan Liquor Control Commission where any form of alcohol service is proposed.

   (I)   Any outdoor café operation shall be disclosed to the insurance carrier for the principal use establishment and shall be insured accordingly. The Zoning Administrator reserves the right to confirm insurance coverage for the café.

   (J)   Outdoor displays, seating and /or planters are prohibited from December 1, through and including March 31.

(Ord. 2018-006,passed 11-1-2018)

         (a)   The permanent protection and preservation of open space, valuable natural resources, and wildlife habitat.

         (b)   Efficient use of land and natural resources.

         (c)   The efficient arrangement of utilities and design of traffic circulation systems including limitations on the number of vehicular access points along the existing road network, thus minimizing traffic conflicts while satisfying emergency needs.

         (d)   Structures are sited so as to preserve important visual, ecological, recreational, cultural and historic resources.

         (e)   Residential amenities to serve residents of the PDP, such as playground areas, hiking trails, tennis courts and other outdoor recreational facilities.

         (a)   Single family residential uses shall comply with the regulations applicable in the R-1B District.

         (b)   Multiple family residential uses shall comply with the regulations applicable in the R-M District.

         (c)   Retail commercial uses and office uses shall comply with the regulations applicable in the B-2 District.

         (d)   Industrial uses shall comply with the regulations in the I-1 District.

         (e)   Mixed uses shall comply with the regulations applicable for each individual use.

         (a)   Augment the recognizable benefit standards required by the City Commission as outlined in Subsection (E),(1),(a)-(e) above.

         (b)   Provide economic, environmental, or social benefits apart from those required by this Ordinance.

         (c)   Enhance new or ongoing cultural activities.

         (d)   Provide opportunities for the enhancement of public education.

         (e)   Implement the Leadership in Energy and Environmental Design (LEED) green building principles in the design, construction, and operation of structures.

         (a)   Provide for maintenance of the privately owned open space by private property owners with an interest in the open space.

         (b)   Provide maintenance standards and a schedule.

         (c)   Prove for assessment of the private property owners by the City for the cost of maintenance of the open space in the event that it is inadequately maintained and becomes a public nuisance.

      (1)    A written statement explaining in detail the full intent of the applicant indicating the specifics of the site plan as it relates to the type of dwelling units contemplated and resultant population; the extent of nonresidential development and the resultant traffic generated and parking demands created; and providing supporting documentation such as but not limited to: market studies supporting the land use request, traffic studies, and the intended scheduling of development, as may be appropriate for the specific project submitted.

         (a)    Estimates of the volume of traffic generated by each use.

         (b)    The peak hour volume of traffic expected to be generated by the proposed development.

         (c)    A schematic drawing indicating vehicular movement through the site, including anticipated turning movements.

         (d)    Measures being proposed to alleviate the impact of the development on the circulation system.

         (a)    Deeds.

         (b)    Warranties guaranteeing ownership conveyed and described in the deeds.

         (c)    A list of covenants, conditions, and restrictions that are conditions of ownership upon the purchasers and owners in the planned development.

         (d)    Association bylaws (for example, condominium association by-laws) that describe how the association is organized; the duties of the association to operate, manage, and maintain common elements of the planned development; and, the duties of individual shareholders to manage and maintain their own units.

         (e)    A draft PDP agreement.

            1.    To ensure that public services and facilities affected by the proposed development will be capable of accommodating increased service loads caused by the development.

            2.    To protect the natural environment and conserve natural resources and energy.

            3.    To ensure compatibility with adjacent uses of land.

            4.    To promote the use of land in a socially and economically desirable manner.

            5.    To protect the public health, safety, and welfare of the individuals in the development and those immediately adjacent, and the community as a whole.

            6.    To achieve the purpose and intent of this Ordinance.

            In the event that the planned development is approved subject to conditions, such conditions shall become a part of the record of approval, and shall be modified only as provided herein.

            1.   Upon determination by the Planning Commission that a PDP proposal does not comply with the standards and regulations set forth in this ordinance, fails to comply with the purpose and intent of this section, or otherwise could be injurious to the public health, safety, welfare, and orderly development of the City, the Planning Commission shall recommend denial.

            2.   The Planning Commission shall prepare and transmit a recommendation to the City Commission stating its conclusions and findings, the basis for a recommendation regarding the creation of a PDP zone, and any recommended conditions relating to an affirmative decision.

      (1)   Incorporate by reference the final approved site plan.

      (2)   If open space or common areas are indicated in the project for use by the residents, the open space or common areas shall be conveyed in fee or otherwise committed by dedication to the residents, and the use shall be irrevocably dedicated for use as open space for park, recreation or other common uses.

      (3)   Detail a program and related financing mechanisms for maintaining common areas, amenities and features, such as walkways, signs, lighting and landscaping.

      (4)   Assure that any natural features will be preserved as shown on the site plan.

      (5)   Assure the financing for the construction and maintenance of all roadways and necessary utilities (including public water, waste water collection and treatment) through a performance bond or other means, for any and all phases of the project. In the case of phased project, this requirement shall be reviewed for compliance at the time of construction plan approval for each phase of the project.

      (6)   Address any other concerns or conditions placed on the approval by the Planning Commission or the City Commission.

      (1)    After the Planning Commission makes its recommendation, the applicant shall make any required revisions and submit sufficient copies of the revised site plan and supporting materials for City Commission review.

      (4)    Upon approval by the City Commission of the ordinance amendment, the PDP plan shall become an integral part of the zoning amendment, and for purposes of city record keeping, shall be referred to as "Planned Development Project No. ____," which number shall correspond to the number of the amending ordinance.

      (5)    All approved plans and records shall be filed with the City Clerk.

      (1)    Approval of a PDP shall constitute an amendment to the Zoning Ordinance. All improvements and land uses of the site shall be in conformity with the planned development project plan, any conditions imposed, and the approved development agreement. Changes to the approved PDP that are not considered minor by the Zoning Administrator shall be reviewed in accordance with the procedure for the original application.

      (2)    Approval of a principal use, and building and/or site improvement plans as part of the rezoning, shall be effective for a period of 12 months, except that the Planning Commission may, at its discretion and upon application by the land owner and/or his representative and for cause shown, grant an extension for an additional 12 months. At the end of the 24 month period, if the development is not completed, the Planning Commission shall review the progress to date and make a recommendation to the City Commission as to action relative to permitting continuation under the original approval for an additional time period. In the event an extension is not granted by the City Commission past the 24 month period, the approval and allowances, including the PDP development agreement, site plan, zoning designation, and any conditions imposed pursuant to this Section shall become null and void and of no further force and effect. In the event that an approved planned development plan becomes null and void, the City Planning Commission shall initiate proceedings to amend the zoning classification of the site.

      (3)    Plans for building and/or site improvements of the proposed PDP shall be in accordance with all other requirements of this Ordinance.

      (1)    Minor changes may be approved by the Zoning Administrator, subject to a finding that:

         (a)    The proposed changes will not affect the basis upon which approval was granted.

         (b)   The proposed minor changes will not adversely affect the overall planned development in light of the purpose and intent of this Section.

         (c)   The proposed changes will not affect the character nor the intensity of use, the general configuration of a buildings and uses on the site, vehicular or pedestrian circulation, drainage patterns, or the demand for public services.

      (2)   Examples of minor changes include, but shall not be limited to additions or alteration to the landscape plan or landscape materials; alterations to the internal layout of an off-street parking lot, provided that the total number of spaces does not change; relocation of a trash receptacle changes in locations or tree types on an approved landscape plan, or location of designated parking spaces; or an increase in floor area of less than twenty percent (20%) of the initial total floor area, up to 5,000 square feet maximum.

(Ord. 2019-002, passed 2-21-2019)

      (1)   Home offices for such professionals as architects, doctors, brokers, engineers, insurance agents, lawyers, realtors, accountants, computer programmers, writers, salespersons and similar occupations.

      (2)   Personal services, including barber shops, beauty parlors, manicure and pedicure shops, grooming, catering, and chauffeuring services.

      (3)   Music, dance, art and craft classes, tutoring, and studios for artists, sculptors, musicians and photographers.

      (4)   Workshops for tailors, dressmakers, milliners, and craft persons, including weaving, lapidary, jewelry making, model making, cabinetry, and wood-working.

      (5)   Repair services, limited to watches and clocks, small appliances, instruments, computers, electronic devices, and similar small devices.

      (6)   Telephone answering or telemarketing.

      (7)   Any other use determined by the Zoning Administrator to be similar to, and compatible with, the above listed uses.

      (1)   Automobile truck, recreation vehicle, boat, motorcycle or small engine repair, bump and paint shops, salvage or storage yards.

      (2)   Kennels or veterinary clinics.

      (3)   Medical or dental clinics.

      (4)   Retail sales of merchandise.

      (5)   Eating and/or drinking establishments.

      (6)   Undertaking and funeral homes.

      (7)   Adult uses and sexually-oriented businesses.

      (1)   A home occupation must be clearly incidental and secondary to the primary use of the dwelling unit for dwelling purposes. No more than 25% of the floor area of the dwelling and 25% of the floor area of any accessory structure shall be devoted to a home occupation.

      (2)   A home occupation use shall not change the character of the residential nature of the premises, both in terms of use and appearance.

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

      (4)   A home occupation shall not generate sewage or water use in excess of what is normally generated from a single family dwelling in a residential area.

      (5)   No employees shall be permitted other than members of the immediate family resident in the dwelling unit.

      (6)   All activities shall be carried on within an enclosed structure. There shall be no outside display of any kind, or other external or visible evidence of the conduct of a home occupation.

      (7)   No signage beyond that which is allowed for single-family dwellings within the zoning district shall be permitted.

      (8)   No vehicular traffic shall be permitted for the home occupation, other than that which is normally generated for a single dwelling unit in a residential area, both as to volume and type of vehicles.

      (9)   Exterior storage of equipment, accessory items or outdoor display of any kind are prohibited in connection with a home occupation.

      (10)   The establishment of a home occupation shall not necessitate exterior modification, except as may be required to accommodate physically handicapped persons, or as may be required by the building code.

      (11)   Customer or client visits, and deliveries associated with the home occupation shall be limited to between the hours of 7:00 a.m. and 8:00 p.m.

      (1)   A permit must be obtained to lawfully operate a home occupation. Application shall be made to the Zoning Administrator, who shall approve such requests which demonstrate compliance with the requirements of this Section. In the administration of these provisions, the Zoning Administrator shall be permitted to refer a request to the Planning Commission for review and approval where site conditions may create difficulty in adherence to the standards contained herein.

      (2)   Should a lawfully established home occupation no longer meet the conditions outlined above or other conditions stipulated for approval, a violation shall be cited against the operator of the home occupation. The operator of the home occupation shall have 10 working days to correct the referenced violations. If the violations are not corrected within that time, the permit to operate the home occupation shall be revoked and all related activities must cease.

      (3)   Home occupation permits shall be limited to the applicant who legally resides in the residence.

(Ord. 2019-002, passed 2-21-2019)