It is the purpose of this article to establish miscellaneous regulations which shall apply equally and uniformly to all zoning districts.

      a.   Nothing shall interfere with traffic visibility across the triangular area of a lot formed by the intersection of two public or private streets or combination thereof measuring 25 feet along the road right-of-way lines in each direction from the corner of said lot. Nothing shall interfere with traffic visibility across the triangular area adjacent to the intersection of a public or private street and a driveway formed by measuring seven feet along the driveway lines and 60 feet along the road right-of-way in each direction from the edge of said driveway. No fence, structure, or planting taller than three feet shall be erected or maintained in said triangular areas except trees with branches no lower than eight feet above the ground. However, nothing shall be permitted in the triangular area adjacent to a driveway.

      b.   In all manufacturing zones, where corner lots abut a railroad and a major or minor street, no structure, fence, or plantings shall be erected or maintained within a triangular area formed by measuring 200 feet along the property lines in each direction from the corner of said lot. However, if the intersection is controlled by automatic flashers installed pursuant to legal authority, the clear vision area may be reduced in accordance with subsection 94-172(h)(3)a.

      a.   Any building or structure, which has been wholly or partially erected on any premises, shall not be moved from, or placed upon, any lot in the city until a building permit has been issued. Any such building or structure shall fully conform to all the provisions of this chapter in the same manner as a new building or structure.

      b.   Before a building permit may be issued for moving a building or structure, the building official shall inspect same and shall determine if it is in a safe condition to be moved, whether it may be reconditioned to comply with the building code and other city requirements for the use and occupancy for which it is to be used, and whether it may be moved.

      c.   Trees removed from the public right-of-way to facilitate the move of a building or structure, other than nuisance trees as determined by the city, shall be replaced by the party to whom the building permit is issued.

         1.   Trees used to replace removed trees shall be of a species and size approved by the tree commission of the city. Tree replacement shall be according to the following:

            i.   Each removed tree of over two-inch caliper up to 15-inch caliper shall be replaced by one new tree.

            ii.   Each removed tree of over 15-inch caliper up to 35-inch caliper shall be replaced by two new trees.

            iii.   Each removed tree of over 35-inch caliper shall be replaced by three new trees.

         2.   All replacement trees shall be planted within one year of tree removal and in locations determined by the city.

         3.   A performance guarantee in accordance with section 94-100 of this chapter may be required to assure compliance with these requirements for tree replacement.

(Ord. No. 152, 5-1-2006; Ord. No. 159, 9-17-2007)

      a.   There shall be no outdoor on-site storage of materials, inventory, equipment, or accessory items, or display of materials, inventory, goods, or supplies used in the conduct of the home occupation.

      b.   Only members of the immediate family who reside on the premises shall be employed in any part of the operation of the home occupation. All activities related to the home occupation shall be carried on entirely within the dwelling unit.

      c.   Home occupations are permitted only in the principal structure/building. However, in no case shall more than 25 percent or 480 square feet, whichever is smaller, of the gross floor area of the principal building be utilized for a home occupation.

      d.   A home occupation shall not generate an undue amount of traffic in excess of that prevailing or expected for the general area in which it is located. The home occupation shall not generate more than ten round trips per day, excluding trips generated by the occupants of the home. Adequate parking spaces shall be provided on the premises for persons patronizing the establishment.

      e.   Home occupations shall maintain at least two on-site parking spaces dedicated for the permanent residents. All parking spaces shall be located in compliance with article IX of this chapter.

      f.   The establishment of a home occupation shall not necessitate exterior modification or alter the fire rating, except as may be required by the building official, of any structure/building on the property.

      g.   Home occupations shall not be open to the public except between the hours of 7 a.m. to 8 p.m., unless otherwise provided by special use permit.

      h.   No food or beverages shall be sold to be consumed on the premises.

      i.   No amusement games or devices shall be provided for or by customers on the premises.

      j.   Uses prohibited as home occupations shall include the following:

         1.   Convalescent and nursing homes.

         2.   Day care centers or nursery schools, except as provided for in this chapter.

         3.   Funeral homes.

         4.   Kennels.

         5.   Medical or dental clinics or hospitals, or animal hospitals.

         6.   Refuse collection businesses.

         7.   Repair of automobiles, motorcycles, boats, trailers, trucks or similar equipment or vehicles.

      k.   The use of a detached garage or accessory building for home occupation is not permitted.

      l.   All signs shall be in compliance with the provisions of section 58-127(a)(1) in chapter 58.

      m.   The home shall be in compliance with all other applicable laws and ordinances.

      b.   The location and method of screening of all receptacles shall be shown on the site plans and shall be subject to the approval of the designated site plan approval body in accordance with division 1 of article VII of this chapter.

      c.   Receptacle locations shall be consolidated to minimize the number of collection sites and located so as to reasonably equalize the distance from the buildings they serve.

      d.   Receptacles shall be situated so as to not cause excessive nuisance or offense to occupants of the development they serve or of nearby buildings.

      e.   Concrete pads of appropriate size and construction shall be provided for all receptacles regulated by this section. Aprons shall be provided for loading of a single receptacle with a capacity of one and one-half cubic yards or more.

      f.   If a receptacle enclosure is situated directly adjacent to parking spaces or drives, it shall be protected at its base by concrete curb blocks.

      g.   The area inside and around the outside of a receptacle enclosure shall be maintained and litter free at all times. The enclosure shall also be maintained and repaired as necessary.

      a.   No satellite dish antenna may be located in any front yard or side yard open space unless mounted to and located completely within four feet of a building wall.

      b.   No satellite dish antenna may be located within any required parking area.

      c.   No satellite dish antenna may be constructed such that any part of the antenna or supporting structure is closer to a lot line than the minimum setback for the district in which the antenna is located.

      d.   Satellite dish antennas greater than 24 inches in diameter are prohibited on the roof or walls of any building in residentially zoned districts.

      e.   Roof-mounted satellite dish antennas shall be mounted directly upon the roof of a building and shall not be mounted upon appurtenances such as chimneys, towers, poles, or spires.

      a.   The placement of any satellite dish antenna greater than 24 inches in diameter by any means in any zoning district is prohibited unless a site plan thereof is approved by the planning commission in accordance with the standards contained in division 1 of article VII of this chapter.

      b.   Only one satellite dish antenna per residential dwelling unit shall be permitted.

      c.   All satellite dish antennas and the construction and installation thereof shall conform to the building code.

      d.   The surface of any satellite dish antenna shall be painted or treated so as not to reflect glare from sunlight or artificial lighting.

      e.   No satellite dish antenna shall be:

         1.   Linked physically to or with any structure which is not on the same lot.

         2.   In excess of an overall diameter of 12 feet.

         3.   Located such that any portion of a roof-mounted antenna is more than ten feet above the highest point of a roof.

         4.   Located such that any portion of a roof-mounted antenna is less than four feet from the edge of the roof.

         5.   Supported by structural supports other than corrosion-resistant metal.

         6.   Wired to a receiver, except by wires located at least four inches beneath the ground in a rigid conduit or other wiring configuration approved by the building official.

   (1)   Protect residential areas and land uses from potential adverse impacts of towers and antennas;

   (2)   Direct the location of towers to appropriate nonresidential areas;

   (3)   Minimize the total number of towers throughout the community;

   (4)   Encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

   (5)   Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

   (6)   Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, positioning, landscape screening, and innovative camouflaging techniques;

   (7)   Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

   (8)   Consider the public health and safety of communication towers;

   (9)   Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

   (10)   Applicability. All towers or antennas in the city shall be subject to these regulations, except as provided in the following.

         1.   Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

         2.   At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

         3.   If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

      a.   A roof mounted antenna not exceeding ten feet in height and located on a nonresidential structure.

      b.   Antennas and supporting equipment cabinets and structures which are architecturally integrated with a principal building or structure so as not to be recognized as antennas.

      c.   Up to three whip antennas with a maximum height of 20 feet.

      d.   Collocation of a wireless communication antenna on an existing monopole support structure, on a public water tower, athletic field light standard, electrical utility transmission tower or distribution pole, or on an existing tower or pole within the right-of-way or easement of an electrical utility company in any district of the city, provided:

         1.   The antenna does not extend more than 30 feet above the highest point of the structure;

         2.   The antenna complies with all applicable FCC and FAA regulations; and

         3.   The antenna complies with all applicable building codes.

      a.   Location criteria.

         1.   Facilities shall be sited to minimize views to the extent reasonably possible from residential areas or the public right-of-way.

         2.   Support structures will be located in all geographic districts to minimize their view from neighboring properties and public rights-of-way.

         3.   Mounted wireless communication facilities are permitted in all districts except single-family and two-family districts, except that roof-mounted antennas are not permitted in any residential district.

         4.   Monopoles and similar support structures are permitted as a principle or accessory use only in the M-2 general manufacturing district, and those portions of the M-1 light manufacturing district, and those commercial districts lying south of a line created by Kipp Road extended and north and west of lines created by North Street and Buhl Street extended.

         5.   Monopoles not to exceed 150 feet in height are also permitted in the C-1 central business district by special use permit, provided the structure is located on publicly-owned property and is constructed and maintained for joint use by three or more users, at least one of which shall be a local or state governmental agency operating communication facilities for public safety services as defined under the Homeland Security Act.

         6.   Monopoles and similar support structures are prohibited in parks, school grounds or other areas heavily trafficked by children.

         7.   Lattice or guyed towers or antennas or similar structures are prohibited in all districts.

         1.   Setbacks.

            i.   Wireless communications facilities including all anchors or pads shall be sited so that the anchors and pads for the structure meet the minimum setback requirements of the zoning district where they are located and do not cross into another zoning district.

            ii.   Separation requirements for towers shall comply with the minimum standards shown in table 100-3 in chapter 100.

            iii.   Mounted wireless communication facilities shall meet the required setbacks for the structure upon which they are located and shall be situated to provide for maximum safety on the site.

         2.   Spacing requirements. Monopole tower structures shall be separated from all other towers by a minimum of 750 feet. For purposes of this subsection, the separation distance between towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan, of the proposed tower. The minimum tower separation distance shall be calculated and applied irrespective of city jurisdictional boundaries.

         3.   Height of the support structure must be the minimum necessary to support the required coverage; however, in no case shall the antenna or its support structure exceed:

            i.   For a single user, 90 feet.

            ii.   For two users, 120 feet.

            iii.   For three or more users, 150 feet.

         4.   Support structures shall be painted in unobtrusive colors, unless in accordance with any other statutory or regulatory requirements.

         5.   Where an equipment building accompanying the support structure is erected, it shall be designed to be compatible with the adjacent architecture.

         6.   Landscaping and visual impact requirements.

            i.   Landscaping shall be provided in sufficient quantity around the perimeter of the required security fencing, as well as adjacent to any buildings and anchors. Site access entrances shall also be landscaped. This information shall be presented on a landscape plan.

            ii.   When located on an otherwise undeveloped site, the existing natural vegetation of the property shall be maintained to the greatest extent possible. The applicants shall provide information on a landscape plan regarding existing vegetation which is proposed to be removed and methods for replacement. In no case shall an entire site be graded and/or cleared for installation of a wireless communication tower.

            iii.   Whether a freestanding or mounted wireless communications facility is proposed, the applicants shall demonstrate how the accessory building's design will limit adverse visual impacts to neighboring property owners.

            iv.   Lighting at the facility and accessory structures shall be designed so not to adversely affect adjacent property owners and shall be in compliance with FAA standards.

         1.   All new wireless communication facilities shall be designed within the applicable ANSI/EIA standards (RSA-22, Revision E), and so as not to be in conflict with existing airport locations and flight patterns.

         2.   The applicant shall, in conjunction with the application, submit a statement that is certified and sealed by a licensed architect or engineer indicating that the proposed wireless communication facility is in compliance with all Federal Communications Commission (FCC) regulations and all building code requirements.

         3.   All wireless communication facilities shall maintain comprehensive general liability insurance issued by a company authorized to do business in Michigan with combined limits of not less than $1,000,000, and the applicant shall supply the city with proof of same prior to construction.

         4.   Security fencing shall be installed completely around freestanding facilities, any accessory utility structures and guy anchors. Access shall be provided only by a locked gate. Security fencing shall not be required for mounted facilities.

         5.   All towers or similar facilities, antenna structures, accessory utility structures and guy anchors and pads shall be equipped with anti-climbing devices.

         1.   In order to maximize the efficiency of the provision of wireless communication services, while also minimizing the impact of such facilities on the community, collocation shall be encouraged. All applicants for wireless communication facilities shall be required to provide information regarding the feasibility of collocation at proposed or existing sites. Furthermore, all applicants shall be required to provide a notarized letter of intent to lease excess space on the proposed facility and commit itself to the following:

            i.   Respond to any requests for information from another potential shared use applicant;

            ii.   Negotiate in good faith and allow for leased shared use if an applicant demonstrates that it is technically feasible; and

            iii.   Make no more than a reasonable charge for a shared use lease.

         2.   Should collocation be proposed at a wireless communication facility, accessory mechanical buildings shall either be situated directly adjacent to or abutting each other and separated by a firewall, shall be placed underground, or shall be designed in a manner which limits the number and size of the building(s) on the site. On-site constraints, such as existing topographical and other natural features, may be considered when reviewing a proposed collocation design. Accessory mechanical buildings shall be designed to be consistent in design, style and exterior appearance. Review and approval of accessory mechanical building(s) at a collocation-site shall be made by the planning commission.

         1.   Wireless communication facilities which have been abandoned or are unused or disconnected from the network for a period of 12 months shall be immediately removed from the site at the cost of the facility applicant or successor.

         2.   Upon removal of a tower from a site, the foundation shall also be removed to a depth of at least six feet. Additionally, the fencing and accessory structure(s) shall be demolished and removed from the site at the cost of the facility applicant or successor.

         1.   An explanation of the need of the applicant's clientele for this communications capacity.

         2.   Site and landscape plans drawn to scale.

         3.   The method of fencing and finished color and, if applicable, the method of camouflage and illumination.

         4.   A report including a description of the tower with technical support for the tower design.

         5.   Documentation establishing the structural integrity of the tower for the proposed uses.

         6.   The general capacity of the tower, and information necessary to assure that ANSI standards are met.

         7.   A statement of intent on whether excess space will be leased.

         8.   Proof of ownership or authorization to utilize the proposed site.

         9.   Copies of any easements necessary.

         10.   An analysis of the area containing existing topographical contours.

         11.   A presentation size map which shows an inventory of existing and proposed tower installations within the city and within one mile of the border thereof, including specific information about the location, height and design of each tower. The zoning official may share such information with other applicants applying for administrative approvals or seeking special use permits under this chapter or other organizations seeking to locate antennas within the city, provided, however, that the zoning official is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

         12.   An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to install or collocate the applicant's telecommunications facilities on towers or usable antenna support structures owned by the city or other persons located within a one-mile radius of the proposed tower site.

         13.   A written statement from a registered professional engineer that the proposed tower or telecommunications facilities cannot be installed or collocated on another person's tower or usable antenna support structure located within a one-mile radius of the proposed tower site.

(e)   Swimming pools. Pools used for swimming or bathing shall not be located in any front yard and shall conform to the applicable yard and setback requirements for an accessory structure. In no instance shall a swimming pool be located closer than ten feet from any property line. Any fencing, barriers, and structures shall comply with the state construction code and county health department specifications. Any lights used for illumination of a swimming pool shall be arranged or shaded so as to reflect light away from adjoining premises.

      a.   No person shall store, place, abandon or permit to be stored, placed, abandoned, or allow to remain, in any district, a dismantled, partially dismantled, unlicensed, unrestorable, or inoperable motor vehicle, junk, rubbish, trash, old furniture, used lumber, unused or discarded machines or equipment, or litter upon any premises, except in an approved and licensed salvage or junk yard or in the case of motor vehicles unless confined in a wholly enclosed structure.

      b.   No person shall store, place, abandon or permit to be stored, placed, abandoned, or allow to remain, in any district, wrecked or inoperable farm machinery, unless hidden from all vantage points from the general public.

      a.   A junk vehicle is considered an inoperable vehicle that is not a "restorable vehicle". A "restorable vehicle" is defined as a vehicle actively being restored in connection with a hobby.

      b.   The restorable vehicle must be in active use as the object of the restoration effort.

      c.   All junk vehicles or inoperable vehicles that do not qualify as restorable vehicles shall not be parked or stored in the open in any zoning district of the city. The only exception is vehicles parked in connection with a business legitimately using such vehicles, such as a body shop or wrecking yard, in zoning districts where such businesses are authorized. In such cases vehicle storage must meet the screening requirements in division 2 of article VII of this chapter.

      a.   No inoperative, restorable vehicle shall be parked or stored in the front yard or within the required setback of the side yard of property in any zoning district.

      b.   No more than one restorable vehicle may be stored in the open in inoperable condition on any residential lot. A cover or wrap is to be provided to conceal the vehicle parked in the open.

      c.   All doors, hatches, and trunk lids shall be secured against entry by small children.

      d.   Inoperable vehicles described in this section are not permitted in the RS-1, RS-2, and RS-3 districts unless such vehicles qualify as restorable vehicles.

      e.   Open storage of parts, tools, and materials is forbidden.

   (1)   Authorized accessory structures may be erected as a part of the principal structure, may be connected to the principle structure by a roofed over porch, patio, breeze way, or similar structure, or may be completely detached from the principle structure. If connected to the principal structure, an accessory structure shall be made an integral part of it, and shall comply in all respects with the requirements applicable to the principal structure. An accessory structure not attached and not made a part of the principal structure shall not be nearer than ten feet from any other structure on the same lot and shall also comply with the front, rear and side yard requirements of this chapter.

   (2)   In all residential zoning districts, the storage of commercial vehicles in accessory structures shall be limited as provided in subsection 94-292(d) of this chapter.

   (3)   Space in a garage accessory to a multiple-family unit or a motel shall not be rented out except to occupants of the principal dwelling.

   (4)   The total lot coverage of all accessory structures shall not exceed 35 percent of the area of any rear yard.

   (5)   Side yard. In all districts accessory structures shall not be erected nearer to a side lot line than the permitted setback distance for the district unless otherwise permitted by this chapter. In the RS-1, RS-2, RS-3, and R2F districts, an accessory structure may be erected not closer than two feet from the side lot lines if the following requirements are satisfied:

      a.   The accessory structure is not attached to, and is located completely behind, the associated principal structure.

      b.   The interior and/or exterior surfaces of the wall facing a side lot line are constructed of fire-resistant material as approved by the building official if any portion of that wall is closer than five feet from a side lot line.

   (6)   Rear yard. In all districts accessory structures shall not be erected nearer to a rear lot line than the permitted setback distance for the district unless otherwise permitted by this chapter. In the RS-1, RS-2, RS-3 and R2F districts, an accessory structure may be erected nearer to a rear lot line than the permitted setback distance for the district provided the accessory structure is not attached to, and is located completely behind, the associated principal structure, and pursuant to the following:

      a.   Where there is a public alley abutting the rear of a lot for the full width of that lot, an accessory structure may be erected not closer than ten feet from a rear lot line.

      b.   Where there is not a public alley abutting the rear of a lot for the full width of that lot, an accessory structure may be erected not closer than five feet from a rear lot line.

   (7)   Corner lot. Where the rear line of a corner lot coincides with the side line of an adjoining lot in a residential district, an accessory building shall not be closer than the side yard setback requirement of said adjoining lot.

   (8)   Accessory structures shall not include structures, fabrications, items, or enclosures originally designed for other purposes. The following are specifically prohibited from being used as accessory structures in the city.

      a.   Mobile home.

      b.   Travel trailers.

      c.   Former vehicles such as buses and ambulances.

      d.   Motor homes.

      e.   Semi-trailer.

      f.   Other similar structures, fabrications, items, or enclosures.

   (1)   Intent. The intent of this section is to regulate the location of, but not to exclude, adult businesses in the city by preventing the concentration of such uses in close proximity to each other and to minimize the negative impacts of their operation by separating such uses from residential, office/commercial and other areas of public congregation. This regulation is done with the understanding that the city recognizes that there are some uses which, because of their very nature, have serious objectionable operational characteristics, particularly if several of them are concentrated under circumstances having a deleterious effect upon adjacent residential, office and commercial areas. The city recognizes that the regulation of such uses is necessary to ensure that adverse effects will not contribute to the blighting or downgrading of surrounding residential neighborhoods, nonresidential areas or other places of public congregation.

         1.   Thirty-five percent or more of the stock, materials, novelties or services provided are classified as adult materials and/or services as defined in subsection 94-173(h)(2).

         2.   Thirty-five percent or more of the usable floor area of the building in which the adult business is located, is used for the sale, display and/or provision of services classified as adult materials and/or services, as defined in subsection 94-173(h)(2).

         3.   Thirty-five percent of the gross revenues of the business are derived from the sale or payment of an admission fee for adult materials and/or services as defined in subsection 94-173(h)(2).

         4.   The advertising (signs, publications, television, radio, and other media) associated with the business depicts, describes or relates to specified sexual activities and/or specified anatomical areas.

      e.   Adult motion picture theater means an establishment which offers for sale the viewing of motion picture films, videotapes, pictures or photographs, television, or other visual media, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas, as defined herein, for the observation of patrons therein.

         1.   Human male genitals in a discernible turgid state, even if completely and opaquely covered.

         2.   Less than a fully opaque covering of:

            i.   A female individual's breast below a point immediately above the top of the nipple and areola.

            ii.   Any individual's genitals.

            iii.   Any individual's anus.

         1.   Acts of human masturbation, sexual intercourse or sodomy.

         2.   Fondling or other erotic touching of specified anatomical areas.

         3.   Human genitalia in a state of sexual stimulation or arousal.

      a.   An adult business shall only be permitted in the C-2 general commercial district with the approval of a special use permit.

      b.   No adult business, as defined herein, shall be permitted within a 600-foot radius of an existing adult business. Measurement of the 600-foot radius shall be made from the outermost boundaries of the lots or parcels upon which the existing and proposed adult uses are situated.

      c.   No adult business, as defined herein, shall be permitted within a 600 foot radius of any residentially used or zoned land as depicted on the official zoning map and defined in this chapter. Measurement of the 600-foot radius shall be made from the outermost boundaries of the lots or parcels upon which the proposed adult use and the residential use are situated.

      d.   No adult business, as defined herein, shall be permitted within a 1,000-foot radius of a school, library, park, playground, licensed group day care center, church, convent, monastery, synagogue or similar place of worship or public congregation. Measurement of the 1,000-foot radius shall be made from the outermost boundaries of the lots or parcels upon which the proposed adult use and the place of worship or public congregation are situated.

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

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

      a.   Minimum floor area for each guest unit shall contain not less than 250 square feet.

      b.   The minimum lot area shall be one acre with a minimum width of 150 feet, provided that there shall be at least 800 square feet of lot area for each guest.

      c.   The maximum lot coverage of all buildings, including accessory building shall not exceed more than 25 percent of the area within the boundary lines of land developed at any one time.

      d.   Minimum yard dimensions. All buildings shall observe a setback of not less than 75 feet from any road right-of-way, and not less than 40 feet from any side or rear property line.

      e.   Site screening. The site may be enclosed by open structure wood or wire fences, shrubs and/or trees which, along any yard line, shall not exceed six feet in height. No screening shall impair safe vertical or horizontal sight distance for any moving vehicles. Screening at least four feet high shall be erected to prevent headlight glare on adjacent residential or agricultural property. No screening shall be closer than 50 feet to any street line, except headlight screening shall not be closer than 30 feet.

      f.   Lighting. All outdoor lighting shall be arranged so that it is deflected from adjacent properties, streets and thoroughfares, and shall not impair the safe movement of traffic.

   (5)   Signs shall be those identifying any of the permitted uses within the zoning district and shall be in accordance with the provisions of any applicable city chapter.

   (6)   Off-street parking and loading requirements shall be in accordance with the provisions of article IX of this chapter except that required parking shall be furnished on the immediate premises.

   (7)   The storage of refuse and space required for the accumulation and out loading of garbage, trash, scrap, waste, and containers therefore shall comply with the standards in section 94-173(b).

   (1)   General standards.

      a.   Provide a drawing to scale showing the seating plan and the layout of the outdoor dining space to be used in relation to adjacent properties and other public and private fixtures and amenities.

      b.   Trash receptacles shall be provided in food and drink service areas where table service is not provided. Trash receptacles shall be emptied when full and maintained in a clean and sanitary condition at all times.

      c.   Seating may not be placed in a way that obstructs pedestrian circulation or interferes with the opening of doors of buildings or parked vehicles.

      d.   An opaque fence or wall six feet in height shall be erected along all property lines abutting residentially zoned or used property.

      e.   Lighting shall be deflected away from abutting residentially zoned or used property.

   (2)   Establishments utilizing the public right-of-way shall do so only under a license granted by the city council which shall be revocable at the will of the council and shall include the following minimum standards in addition to the general standards of this section:

      a.   Establishments shall agree to defend, indemnify, and hold the city and its elected and appointed officers, agents, and employees harmless from all liability for damages or personal injuries resulting from any occurrence on the licensed property as a result of the establishment's use or occupancy of the public right-of-way and shall provide public liability insurance naming the city as an additional named insured in a form and with limits acceptable to the city.

      b.   Establishments must maintain a minimum of four feet of unobstructed sidewalk within the public right-of-way.

(Ord. No. 152, 5-1-2006; Ord. No. 159, 9-17-2007; Ord. No. 161, 9-4-2007; Ord. No. 166, 8-4-2008; Ord. No. 187, 2-6-2012; Ord. 217, 5-21-2018)

No portion of a lot can be used more than once in complying with the provisions for lot area and yard dimensions for the construction of a proposed building or the alteration of an existing building.

(Ord. No. 152, 5-1-2006)

It is the intent of this chapter that certain structural appurtenances shall be permitted to exceed the height limitations of this chapter. No portion of any such structural appurtenance shall be used for human occupancy or for commercial enterprise. Any exception to height limitations shall be only to such height as may be necessary to accomplish the purpose the subject appurtenance is intended to serve and so as not to become a hazard to aviation. Structural appurtenances exceeding the maximum height limitations established by the capital region airport authority within ten miles of a public airport shall not be allowed without the approval of the capitol region airport authority, the Michigan Department of Transportation, Bureau of Aeronautics, and/or any other agency having jurisdiction. If the roof area of structural appurtenances permitted to exceed the height limitations exceeds 20 percent of the gross roof area of the structure, said appurtenances shall be considered as integral parts of the whole structure and thereby shall not exceed the height limitations. Structural appurtenances which may be permitted to exceed height limitations include the following:

   (1)   Structural appurtenances which are ornamental in purpose, such as church spires, belfries, cupolas, domes, ornamental towers, flag poles and monuments.

   (2)   Structural appurtenances to mechanical or structural functions, such as chimneys, smoke stacks, solar collectors, water tanks, elevator and stairwell penthouses, ventilators, bulkheads, radio towers, masts, aerials, television antennas, fire hose towers, cooling towers, and heating, ventilation and air conditioning equipment.

(Ord. No. 152, 5-1-2006)

(a)   Purpose. The purpose of this section is to establish standards and regulations to encourage reasonable access to land uses and buildings according to their access needs, while also ensuring safe and efficient travel within and through the city including minimizing disruptive and potentially hazardous traffic conflicts; ensuring safe access by emergency vehicles; and protecting the substantial public investment in the street system by preserving capacity and avoiding the need for unnecessary and costly reconstruction that disrupts business and traffic flow.

(b)   Definitions. For the purposes of this section, the following terms shall have the following meanings:

   (1)   Access point. The connection at the street right-of-way line between the street and the connecting driveway, service drive, other street, or other vehicular access way.

   (2)   Service drive. A local street or private road typically located in front of principal buildings (front service drive) and parallel to a thoroughfare classified as an arterial, for providing access to abutting properties while also controlling access to the arterial through reduced access points to the arterial. In the case of a rear service drive, the service drive is located behind such buildings.

(c)   Application of this section. The standards and regulations of this section shall be applied by the body or body(s) designated authority by this chapter to approve development plans including the construction of homes and businesses, platted and condominium subdivisions, and institutional uses. Such approving bodies shall coordinate their review of specific development proposals with the standards and regulations of this Section, and the review by other agencies as required by law including the Michigan Department of Transportation.

(d)   General standards for access.

   (1)   All lots created in the city shall have frontage on a public street, or a private road approved by the city, and take their lot access from such frontage so as to provide safe, convenient access for fire protection, other emergency vehicles, and any required off-street parking. Curb cuts and driveways accessing public roads shall be located only upon the approval of the city and appropriate state authorities as required by law.

   (2)   All plans for structures to be erected, altered, moved or reconstructed, and for the use of premises within the city shall contain a plan for the proposed access to the premises which shall be part of the site plan required pursuant to this chapter. No plan shall be approved unless such access is onto a dedicated public street or an approved private road.

   (3)   Access drives shall enter perpendicular to the existing public street or private road except where prohibited by physical conditions.

   (4)   Wherever a corner lot exists at the intersection of two streets, access shall be taken from the street presenting the least hazard.

   (5)   The location of new access points shall conform to road improvement plans or corridor plans that have been adopted by a public body.

(e)   Standards for residential uses.

   (1)   For any access point or driveway located less than two feet from an adjoining property line, provisions shall be made to the satisfaction of the building official to control water runoff onto the adjoining property.

   (2)   An access point serving a single-family dwelling shall be a minimum of 15 feet from the nearest right-of-way line of an intersecting street.

   (3)   A driveway serving a single-family or two-family dwelling shall be a minimum of 9 feet wide.

   (4)   A lot containing one single-family dwelling or one two-family dwelling shall have no more than one access point to the street upon which it relies for access.

   (5)   No more than 25 dwellings shall be served by a single access point except upon finding that a second alternative and reasonable means of emergency vehicle access is available.

   (6)   In the case of the development of a platted or condominium subdivision, all lots made part of such subdivision shall have their access point from roads within such subdivision.

(f)   Standards for Office, Commercial and Industrial Uses.

   (1)   The minimum distance an access point may be located from an adjoining non-residential property line shall be 15 feet. The minimum distance an access point may be located from an adjoining residential property line shall be 25 feet.

   (2)   An access point shall be a minimum of 25 feet from the nearest right-of-way line of an intersecting street.

   (3)   No parcel shall be provided more than one access point for the first 150 feet of parcel frontage, and no more than one access point shall be provided for parcels with additional frontage except upon a showing that the projected trip generation necessitates additional access points and no feasible alternative exists such as the reliance on shared access as provided in sub-sections (4), (5) and (6) below.

   (4)   The sharing or joint use of a driveway by two or more property owners shall be encouraged. The sharing or joint use of a driveway by two or more property owners may be required in association with the approval of a site plan where such a shared or joint use driveway is feasible and practical, and where the lack of such a shared or joint use driveway would result in inappropriately spaced access points that are contrary to nationally-recognized engineering standards and public safety and welfare. The shared driveway shall be constructed along the midpoint between the two properties unless a written easement is provided that allows traffic to travel across one parcel to access another, and/or access the public street.

   (5)   The use of front or rear service drives shall be encouraged. The use of front or rear service drives may be required in association with the approval of a site plan where such a drive is feasible and practical, and where the lack of such drive would result in inappropriately spaced access points that are contrary to nationally-recognized engineering standards and public safety and welfare.

   (6)   Where a proposed parking lot is adjacent to an existing parking lot of a similar use, or of a differing use, and traffic flow between the two uses is anticipated, there shall be a vehicular connection between the two parking lots where determined physically feasible by the site plan approving body. For developments adjacent to vacant properties, the site shall be designed to provide for future connection. A written access easement signed by both landowners shall be presented as evidence of the parking lot connection prior to the issuance of any building permit.

(g)   Traffic impact study. In the case of a proposed use that is likely to be characterized by trip generation rates in excess of 100 trips per peak hour, the applicant shall submit a traffic impact study with the building permit/site plan application for the use. The preparer of the study shall be either a registered traffic engineer or transportation planner. If the study involves geometric design, the study shall be prepared or supervised by a registered engineer with a background in traffic engineering. The qualifications of the author of the study shall be included in the application. The applicant may be required by a reviewing body to submit a traffic impact study though the use may be characterized by less than 100 trips per peak hour in the case where a reviewing body determines existing conditions warrant a study such as existing traffic conflicts in the immediate area, the proximity of existing access points, the lack of a left turn lane for the road providing access to the site, or other factors deemed to be relevant by the reviewing body. The traffic impact study shall address, at a minimum:

   (1)   Description of the proposed internal vehicular circulation system including the location of all access points into the project; parking and drop-off circulation; loading/unloading circulation; and pedestrian, bicycle, and transit circulation.

   (2)   Analysis of existing traffic conditions in the immediate area, based on current data.

   (3)   Projected trip generation at the project site or along the roads abutting the site, based on the most recent edition of the Institute of Transportation Engineers Trip Generation manual, or more recent studies of a minimum of three similar uses with similar surroundings in Michigan.

   (4)   Illustrations of current and projected turning movements at access points into the project.

   (5)   Description of the anticipated impact of the projected trip generation on abutting and nearby streets, including increases in congestion, available capacity of streets and impacts on levels of service of such streets, and proposed mitigation measures to minimize any conflict issues.

   (6)   Justification for the need of the number and location of proposed access points into the project.

(Ord. No. 152, 5-1-2006)

(a)   Purpose. The purpose of this section is to promote a healthy environment as it relates to the city's natural resources; sensitive ecosystems; the integrity of the city's land, water, and air; the quality of the city's visual environment, including the management of lighting and its impact upon traffic safety, adjacent land uses and the night sky; and the provision of adequate sewage disposal and potable water. All provisions of this section apply to all structures, buildings and uses unless otherwise noted.

(b)   Compliance with local, county, state, and federal regulations. All land uses and construction activities shall conform with the provisions of this section and all local, county, state and federal regulations including the State Fire Marshall, Michigan Department of Agriculture, Michigan Department of Labor and Economic Growth, Ingham County Health Department, Ingham County Drain Commissioner, Michigan Department of Environmental Quality, Federal Communications Commission, and all local, county, state and federal regulations related to loading/unloading, transport, storage, use and/or disposal of hazardous substances.

(c)   Discharges and flammable/hazardous materials.

   (1)   No dust, fumes, or noxious, odorous matter shall be discernible at or beyond the property line. Any atmospheric discharge requiring a permit from the Michigan Department of Environmental Quality or federal government shall have said permit(s) as a condition of approval for such use. This subsection shall not apply to farm operations in compliance with most current published Generally Accepted Agricultural Management Practices of the Michigan Commission of Agriculture.

   (2)   It shall be unlawful to discharge any materials in such a way or of such nature or temperature as can contaminate any surface waters, land or aquifers, or otherwise cause the emission of dangerous or objectionable elements, except in accord with standards approved by the Michigan Department of Environmental Quality.

(d)   Noise. The use of any lot shall not cause the emittance of sound from any source or combination of sources, which when measured in accordance with the procedure described herein, exceeds the sound level limits in this subsection. This subsection shall not apply to motor vehicles registered for use on public roads, agricultural operations, home landscape maintenance machines and snow blowers that meet their respective product requirements, the emission of sound for the purposes of alerting persons of an emergency or emergency vehicle, and the emission of sound in the performance of emergency work.

   (1)   Measurement of sound level shall be made using a microphone set at a height of approximately four and one half feet along the lot line of the lot on which the sound source being measured is located.

   (2)   A violation shall not be deemed to exist unless the sound level measured is at least six decibels higher than the sound level measured with the sound source or sources not in operation.

   (3)   All measurements shall be made using a sound level meter which meets the most current requirements of the American National Standards Institute "Type 2 or Type 1 Sound Level Meters," and which has been set for fast meter response and the A-weighting network.

   (4)   Sound level limits.

      a.   Adjacent lot in a residential or other non-commercial or non-industrial district.

         1.   7:00 a.m. to 10:00 p.m.: 55 dba

         2.   10:00 p.m. to 7:00 a.m.: 50 dba

      b.   Adjacent lot in a commercial district.

         1.   7:00 a.m. to 10:00 p.m.: 65 dba

         2.   10:00 p.m. to 7:00 a.m.: 60 dba

      c.   Adjacent lot in an industrial district.

         1.   7:00 a.m. to 10:00 p.m.: 70 dba

         2.   10:00 p.m. to 7:00 a.m.: 65 dba

(e)   Light. The following regulations and standards shall apply to all uses except for single-family and two family dwellings:

   (1)   No lighting shall in any way impair the safe movement of traffic on any road.

   (2)   A wall, fence, or berm, at least five feet in height shall be erected to prevent vehicle headlight glare from shining onto adjacent residential property. No wall/fence shall in any way impair safe vertical or horizontal sight distance for any moving vehicles.

   (3)   Lighting shall be designed and constructed to ensure that direct and reflected light is confined to the lot or parcel upon which the light source is located.

   (4)   Exterior lighting shall be so installed that the surface of the source of light shall be hooded or louvered to the greatest extent practical so that:

      a.   Light sources shall not be visible from beyond the lot lines and shall be so arranged to reflect light away from adjacent properties.

      b.   No more than one foot candle power of light shall cross a lot line five feet above the ground on a residentially used lot.

      c.   Lighting is directed downward as much as is possible and appropriate for the application.

   (5)   Outdoor lighting for recreation and amusement areas need not comply with subsection (4) provided the lighting is designed with baffling and glare guards to ensure that no more than one foot candle power of light shall cross a lot line five feet above the ground on a residentially used lot, and such lighting is turned off during hours the facility is closed.

(f)   Drifted and blown material. The drifting or airborne transmission beyond the lot line of dust, particles, or debris from any open stockpile shall be unlawful and may be summarily caused to be abated.

(g)   Vibration. All machinery shall be mounted and operated in order to prevent transmission of ground vibration exceeding a displacement of three one-thousandths of one inch, as measured at the property line.

(h)   Odor. The emission of noxious, odorous matter in quantities which are readily detectable at any point along lot lines when diluted in the ratio of one volume of odorous air to four or more volumes of clean air is prohibited.

(i)   Gases. The escape of or emission of any gas which is injurious or destructive or explosive shall be unlawful and shall be abated.

(j)   Glare and heat. An operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot line, except during the period of construction of the facilities to be used and occupied.

(k)   Electromagnetic radiation. Propagation of electromagnetic radiation shall comply with all local, state, and federal regulations which are hereby adopted by reference as a part of this chapter.

(l)   Radioactive materials. Radioactive materials and radiation shall not be emitted in excess of levels or quantities established as safe by local, state, or federal regulations which are hereby adopted by reference as part of this chapter.

(m)   Airborne emissions. Airborne emissions shall be in compliance with state requirements.

(n)   Other forms of pollution. It shall be unlawful to discharge into the air, onto the ground or into the water any material or materials in excess of standards approved by the state or the county public health department.

(o)   Grading and filling of property. The final grade surface of ground areas remaining after the construction of a building or structure and any earth changes made in connection with the use of land shall be designed and landscaped such that surface water flows away from the building or structure and is collected or managed in a manner which avoids the following:

   (1)   Any increase in surface water discharge onto adjacent properties or public roads.

   (2)   The erosion of or filling of any road drainage facility.

   (3)   The blockage of any public watercourse.

   (4)   The creation of standing water over a private sewage disposal drainage field.

   (5)   Any unnecessary impoundment of surface water.

(p)   Required water supply and sanitary sewer facilities. No structure for human occupancy shall be erected, altered, or moved upon any lot or premises and used in whole or in part for dwelling, business, industrial, or recreational purposes unless it shall be provided with a safe, potable water supply and with a safe and effective means of collection, treatment, and disposal of human excreta and normal domestic wastes by connection to the city wastewater treatment system or to an approved private sewage disposal system. All such installations and facilities shall conform with the minimum requirements of the city and any other local, county, or state requirements.

(q)   Soil erosion/sedimentation, soil/groundwater contamination.

   (1)   All development in all districts shall conform to the applicable Erosion/Sedimentation Ordinance and general rules and part 91 of the Natural Resources and Environmental Protection Act (MCL 324.9101 et seq.).

   (2)   A pollution incident prevention plan (PIPP) must be provided to the city by an owner or agent wherever uses or conditions exist on any parcel of property located in the city which could result in detectable soil or ground water contamination.

(r)   Drainage channels and floodplains. Drainage channels and floodplains, which exist within the City of Mason are essential for the maintenance of the health and general welfare of the people of the city. Any encroachment, filling or obstruction of these drainage channels or floodplains is a violation of this chapter. Such property may be developed, however, for reasonable use provided that a special use permit is approved by the planning commission and that prior to granting said permit the city has referred the matter to appropriate permitting agencies and has received advice and recommendation. The applicant shall furnish needed topographic data, engineering studies, site plan and similar data necessary to determine the effects of flooding, impoundment of water, flow restrictions and other effects on the flow of water and possible harm to persons, property, or natural resources from the proposed development.

(s)   Dumping or disposal of waste. The use of land for dumping or disposal of scrap iron, junk, garbage, rubbish, trash, or other refuse, or of ashes, slag or other industrial, commercial or household wastes or by-products is prohibited in all districts, except under a special use permit.

(Ord. No. 152, 5-1-2006)