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Memphis City Zoning Code

CHAPTER 150

ZONING

§ 150.001 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY USE OF BUILDING. A use or building on the same lot with, and of a nature customarily incident and subordinate, to those of the main use of building.
   ALLEY. Any dedicated public way affording a secondary means of access to abutting property and not intended for general traffic circulation.
   ALTERATIONS. Any change, addition or modification in construction or type of occupancy; any changes in the structural members of a building, such as wall or partitions, columns, beams or girders; the consummated act of which may be referred to herein as “altered” or “reconstructed”.
   APARTMENTS. The dwelling units in a multiple-family dwelling, as defined herein.
   AUTOMOBILE MAINTENANCE FACILITY. A use that provides the basic vehicle maintenance services for passenger vehicles, sport utility vehicles and light pick-up trucks. Such activities shall include providing tires (but not recapping), batteries, mufflers, undercoating, auto glass, reuphoistering, wheel balancing, shock absorbers, wheel alignments and minor motor tune-ups only such as oil changes. Included is vehicle washing activities that are incidental to the maintenance service but not so called high speed automotive washing. The sale of gasoline and other fuels, collision service and engine rebuilds is not included in this use.
   AUTO REPAIR STATION. A place where, along with the sale of engine fuels, the following automobile services may be carried out:
      (1)   General repair;
      (2)   Engine rebuilding, rebuilding or reconditioning of motor vehicles;
      (3)   Collision service, such as body, frame or fender straightening and repair;
      (4)   Overall painting: and
      (5)   Undercoating.
   AUTO SERVICE STATION. A building or premises or portions thereof arranged or designed to be used for the retail sale of oil, gasoline or other fuel for the propulsion or lubrication of motor vehicles and which may include facilities for changing of tires, tube repairing, polishing, greasing, washing or servicing such motor vehicles but excluding so-called high speed automotive washing, steam-cleaning, body repairing, bumping or painting.
   BASEMENT. The portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A BASEMENT shall not be counted as a story.
   BED AND BREAKFAST. A use which is subordinate to the principal use of a dwelling unit as a single-family dwelling unit in which transient guests are provided a sleeping room and breakfast in return for payment.
   BOARDING, ROOMING OR LODGING HOUSE. A building containing a single dwelling unit and guest rooms, providing lodging, with or without meals, for compensation on a weekly, daily or monthly basis.
   BUILDING.
      (1)   Includes the word “structure”.
      (2)   Any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter or enclosure of persons, animals, chattel or property of any kind. This shall include tents, awnings or vehicles situated on private property and used for such purposes.
   BUILDING HEIGHT. The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs to the deck line of mansard roofs and to the average height between eaves and ridge for gable, hip and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average ground-level of the grade at the building wall.
   BUILDING LINE. A line formed by the face of the building and, for the purposes of this chapter, a BUILDING LINE is the same as a front setback line.
   CANOPY. A permanent unenclosed roof structure erected for the purpose of sheltering motor vehicle fuel pumps and dispenser islands from the weather.
   CARRY-OUT RESTAURANT. Any establishment whose principal business is the sale of foods, desserts or beverages to the customer in a ready-to-consume state and whose design or method of operation includes all of the following characteristics:
      (1)   Foods, desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers;
      (2)   The consumption of foods, desserts or beverages within the restaurant building or within a motor vehicle parked upon the premises is prohibited. Food is intended primarily to be consumed off the premises; and
      (3)   Customers may order food from a walk-up window or from inside the establishment. No drive-through windows for vehicle customers are permitted.
   CLUB. An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics or the like, but not operated for profit.
   COURT. An open, unoccupied space, other than a yard, and bounded on at least two sides by a building. A court extending to the front yard or front lot line or to the rear lot line is an OUTER COURT. Any other court is an INNER COURT.
   DISTRICT. A portion of the incorporated area of the city within which certain regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.
   DRIVE-IN. A business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle, regardless of whether self-service is involved, rather than within a building or structure.
   DRIVE-IN RESTAURANT. Any establishment whose principal business is the sale of foods, desserts or beverages to the customer in a ready-to-consume state and whose design or method of operation, includes one or both of the following characteristics:
      (1)   Foods, desserts or beverages are served directly to the customer in a motor vehicle either by a carhop or by other means that eliminate the need for the customer to exit the motor vehicle; and
      (2)   Foods, desserts or beverages may be consumed within a motor vehicle parked upon the premises or at tables on the premises but outside the restaurant building.
   DWELLING. Includes the word “residence”.
   DWELLING, ONE-FAMILY. A building designated exclusively for, and occupied exclusively by, one family.
   DWELLING, TWO-FAMILY. A building designed exclusively for occupancy by two families living independently of each other.
   DWELLING, MULTIPLE-FAMILY. A building, or a portion thereof, designed exclusively for occupancy by three or more families living independently of each other.
   DWELLING UNIT. A building or portion thereof, designated for occupancy by one family for residential purposes and having cooking facilities.
   ERECTED. Includes built, constructed, altered, reconstructed, moved upon or any physical operation on the premises which are required for the construction. Excavation, fill, drainage and the like, shall be considered a part of erection.
   ESSENTIAL SERVICES. The erection, construction, alternation or maintenance by public utilities or municipal departments of underground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution systems, collection, drains, sewers, pipes, cables, fire alarm and police call boxes, traffic signals, hydrants and similar accessories in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety or welfare.
   EXCAVATION. Any breaking of ground, except common household gardening and ground care.
   EXCEPTION. An exception is a use permitted only after review of an application by the Board of Appeals or Commission other than the Administrative Official (Building Inspector), such review being necessary because the provisions of this chapter covering conditions, precedent or subsequent are not precise enough to all applications without interpretation and such review is required by the chapter.
   FAMILY. One or two persons or parents, with their direct lineal descendants and adopted children (and including the domestic employees thereof) together with not more than two persons not so related, living together in the whole part of a dwelling comprising a single housekeeping unit. Every additional group of two or more persons living in such housekeeping unit shall be considered a separate family for the purpose of this chapter.
   FARM. All of the contiguous neighboring or associated land operated as a single unit on which bona fide farming is carried on directly by the owner-operator, manager or tenant farmer, by his or her own labor or with the assistance of members of his or her household or hired employees, provided, however, that land to be considered a farm hereunder shall include a continuous parcel of five acres or more in area; provided further, FARMS may be considered as including establishments operated as bona fide greenhouses, nurseries orchards, chicken hatcheries, poultry farms and apiaries, but establishments keeping or operating fur-bearing animals, riding or boarding stables, commercial dog kennels, stone quarries or gravel or sand pits shall not be considered FARMS hereunder unless combined with bona fide operations on the same continuous tract of land of not less than 20 acres. No FARMS shall be operated as piggeries or for the disposal of garbage, sewage, rubbish, offal or rendering plants or for the slaughtering of animals except such animals as have been raised on the premises or have been maintained on the premises for at least a period of one year immediately prior thereto and for the use and consumption by persons residing on the premises.
   FAST-FOOD RESTAURANT. Any establishment whose principal business is the sale of foods, desserts or beverages to the customer in a ready-to-consume state for consumption within the restaurant building or for carry-out with consumption off the premises (including service through a drive-through window) and whose design or principal method of operation includes both of the following characteristics:
      (1)   Foods, desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers; and
      (2)   The consumption of foods, desserts or beverages within a motor vehicle parked upon the premises is posted as being prohibited.
   FILLING. The depositing or dumping of any matter onto or into the ground, except common household gardening and ground care.
   FLOOR AREA. For the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the interior faces of the exterior walls. The FLOOR AREA measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches.
   FRONT LOT LINE. The line separating said lot from the street. In the case of a corner lot or double frontage lot, is that line separating said lot from that street which is designated as the front street in the plat and in the application for a certificate of occupancy.
   FRONT YARD. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building.
   GRADE. The ground elevation established for the purpose of regulating the number of stories and the height of the building. The BUILDING GRADE shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the GRADE shall be the average elevation of the ground for each face of the building.
   GREENBELT. A strip of land of definite width and location reserved for the planting of shrubs and/or trees to serve as an obscuring screen or buffer strip in carrying out the requirements of this chapter.
   GROSS FLOOR AREA. The total number of square feet of floor space within the exterior walls of a building, not including space in cellars or basements.
   GUEST ROOM. A sleeping room offered for compensation for permanent or transient occupancy containing no less than 100 square feet, measured from the interior faces of the walls of such room.
   HOTEL. A building, or part thereof, occupied as the more or less temporary abiding place of persons, in which rooms are occupied for hire and in which rooms no provisions are made for cooking, except that of a general kitchen and public dining room for the accommodation of its occupants.
   JUNK YARDS. An open area where waste and used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A JUNK YARD includes automobile wrecking yards and includes any area of more than 200 square feet for storage, keeping or abandonment of junk but does not include uses established entirely within enclosed buildings.
   KENNEL, COMMERCIAL. Any lot or premises on which three or more dogs are either permanently or temporarily boarded.
   LOADING SPACE. An off-street space on the same lot with a building, or group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
   LOT. 
      (1)   A parcel of land occupied, or to be occupied by a main building or a group of such buildings and accessory buildings or utilized for the principal use and uses accessory thereto together with such open spaces as are required under the provisions of this chapter. A LOT may or may not be specifically designated as such on public records.
      (2)   LOT includes the words “plot” or “parcel”.
   LOT OF RECORD. A parcel of land, the dimensions of which are shown on a recorded plat on file with the County Register of Deeds at the time of adoption of this chapter or in common use by city or county officials and which actually exists as so shown or any part of such parcel held in a record ownership separate from that of the remainder thereof.
   LOT AREA. The total horizontal area within the lot lines of the lot.
   LOT, CORNER. A lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a CORNER LOT for the purposes of this chapter if the arc is of less radius than 150 feet and the tangents to the curve at the two points where the lot lines meet the curve or the straight street line extended from an interior angle of less than 135 degrees.
   LOT COVERAGE. The percent of the total lot area occupied by buildings, including accessory buildings.
   LOT DEPTH. The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
   LOT, DOUBLE FRONTAGE. Any interior lot having frontage on two more or less parallel streets, as distinguished from a corner lot. In the case of a row of double frontage lots, all sides of said lots adjacent to streets shall be considered FRONTAGE and front yards shall be provided as required.
   LOT, INTERIOR. Any lot other than a corner lot.
   LOT LINES. The lines bounding a lot as defined herein.
   LOT WIDTH. The horizontal distance between the side lot lines, measured at the two points where the building line or setback intersects the side lot lines.
   MAIN BUILDING. A building in which is conducted the principal use of the lot upon which it is situated.
   MAIN USE. The principal use to which the premises are devoted and the principal purpose for which the premises exist.
   MAJOR THOROUGHFARE. An arterial street which is intended to serve as a large volume trafficway for both the immediate city area and the region beyond and designated as a major thoroughfare or collector on the major thoroughfare plan.
   MASTER PLAN. The comprehensive plan, including graphic and written proposals indicating the general location for streets, parks, schools, public hearings and all physical development of the city, and includes any unit or part of such plan and any amendment to such plan or parts thereof. Such plan may or may not be adopted by the Planning Commission and/or Council.
   MAY. The act referred to is permissive.
   MEDICAL MARIJUANA HOME OCCUPATION. The cultivation and/or transfer of medical marijuana by a registered primary caregiver as defined in Sec. 3 of the Act, M.C.L.A. § 333.26423(g), in compliance with the General Rules of the Michigan Department of Community Health, the Michigan Medical Marijuana Act, Initiated Law 1 of 2008, M.C.L.A. § 333.26423(e), within a single- family dwelling that is the registered primary caregiver’s owner occupied and which cultivation is in conformity with the restrictions and regulations contained in the Act and in the State Regulations developed by the Michigan Department of Community Health (MCDH). Registered primary caregivers may only grow and/or transfer medical marijuana in One Family Residential Districts R-1A and R-1B as permitted by and subject to the terms of this chapter.
   MEZZANINE. An intermediate floor in any story occupying not to exceed one-third of the floor area of such story.
   MOTEL. A series of attached, semi-detached or detached rental units containing bedroom, bathroom and closet space. Units shall provide overnight lodging and are offered to the public for compensation and catering primarily to the public traveling by motor vehicles.
   MOTOR VEHICLE REPAIR FACILITY. A place where the following services on cars and light trucks may be done inside an enclosed building: general repairs, engine rebuilding or reconditioning of cars and light trucks. The sale of motor fuels of all types, collision services, frame straightening and repair, overall painting and undercoating is not included in this use.
   MUNICIPALITY. The City of Memphis.
   NONCONFORMING BUILDING. A building, or portion thereof, existing at the effective date of this chapter or amendments thereto, and that does not conform to the provisions of this chapter in the district in which it is located relative to the height, bulk, area or yards.
   NONCONFORMING USE. A use which lawfully occupied a building or land at the effective date of this chapter, or amendments thereto, and that does not conform to the use regulations of the district in which it is located.
   NURSERY, PLANT MATERIAL. A space, building or structure or combination thereof, for the storage of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping. The definition of NURSERY within the meaning of this chapter does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.
   NURSING OR CONVALESCENT HOME. A structure with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
   OFF-STREET PARKING LOT. A facility providing vehicular parking spaces along with adequate drives and aisles, for maneuvering so as to provide access for entrance and exit for the parking of more than two vehicles.
   OPEN FRONT STORE. A business establishment, other than a drive-in bank, restaurant or gasoline service station, so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter the structure.
   PARKING SPACE. An area of definite length and width, exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the storage or parking of permitted vehicles.
   PERSON. A firm, association organization, partnership, trust, company or corporation as well as an individual. The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular.
   PUBLIC UTILITY. Any person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under state or municipal regulations to the public, gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water.
   REAR LOT LINE. The lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet long lying farthest from the front lot line and wholly within the lot.
   REAR YARD. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building.
   SETBACK. The distance required to obtain front, side or rear yard open space provisions of this chapter.
   SHALL. The act referred to is mandatory.
   SHIELDED LIGHTING. Any lighting proposed to illuminate the exterior of buildings and off-street parking areas that is designed, located and arranged such that all direct rays of light are directed upon the building facade or parking area only and not upon any adjoining properties.
   SIDE LOT LINE. Any lot line other than the front lot line. A side lot line separating a lot from a street is a SIDE STREET LOT LINE. A side lot line separating a lot from another lot or lots is an INTERIOR SIDE LOT LINE.
   SIDE YARD. An open space between a main building and the side lot line extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building.
   SIGN. The use of any words, numerals, figures, devices, designs or trademarks by which anything is made known, such as are used to show an individual firm, profession or business and are visible to the general public.
   SIGN-ACCESSORY. A sign which is accessory to the principal use of the premises.
   SIGN-NON-ACCESSORY. A sign which is not accessory to the principal use of the premises.
   STANDARD RESTAURANT. Any establishment whose principal business is the sale of foods, desserts or beverages to the customer in a ready-to-consume state and whose design or principal method of operation includes one or both of the following characteristics:
      (1)   Customers, normally provided with an individual menu, are served their foods, desserts or beverages by a restaurant employee at the same table or counter at which said items are consumed; or
      (2)   A cafeteria type of operation where foods, desserts or beverages generally are consumed within the restaurant building. Carry-out and/or delivery service may be provided as an accessory use.
   STORY. The part of a building, except a mezzanine as defined above, included between the surface of one floor and the surface of the next floor or, if there is not floor above, then the ceiling next above. A story thus defined shall not be counted as a STORY when more than 50%, by cubic content, is below the height level of the adjoining ground.
   STORY, HALF. An uppermost story lying under a sloping roof, the usable floor area of which, at a height of four feet above the floor does not exceed two-thirds of the floor area in the story directly below and the height above for at least 200 square feet of floor space is seven feet six inches.
   STREET. A right-of-way dedicated to public use which provides vehicular and pedestrian access to adjacent properties whether designated as a street, highway, thoroughfare, parkway, road, avenue, lane or however otherwise designated.
   STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, except fences, walls or pavement.
   TEMPORARY USE OR BUILDING. A use or building permitted by the Board of Appeals to exist during periods of construction of the main building or use or for special events or as otherwise permitted in this chapter.
   TOURIST HOME. A building containing a single dwelling unit and guest rooms offered to the public for compensation and catering primarily to the public traveling by motor vehicles.
   TRAILER COACH (MOBILE HOME). Any vehicle designed, used or so constructed as to permit its being used, as a conveyance upon the public streets or highways, and duly licensable as such, and constructed in such manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.
   TRAILER COURT (MOBILE HOME PARK). Any site or tract of land upon which two or more authorized trailer coaches are parked either free of charge or for revenue purposes and shall include any building, structure, tent, vehicle or enclosure used or intended for use as a part of the equipment of such trailer coach.
   USABLE FLOOR AREA. The area used for, or intended to be used for, the sale of merchandise or services or for use to serve patrons, clients or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise or for utilities shall be excluded from this computation of USABLE FLOOR AREA. Measurement of floor area shall be the sum of the gross horizontal areas of the several floors of the building, measured from interior faces of the exterior walls.
   USE. The purpose for which land or a building is arranged, designed or intended or for which land or a building is, or may be, occupied.
   USED OR OCCUPIED. Include the words “intended”, “designed” or arranged to be used or occupied.
   VARIANCE.
      (1)   A modification of the literal provisions of this chapter granted when strict enforcement of this chapter would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. The crucial points of variance are undue hardship, unique circumstances and applying to property. A VARIANCE is not justified unless all three elements are present in the case.
      (2)   EXCEPTION differs from the VARIANCE in several respects. An exception does not require “undue hardship” in order to be allowable. The exceptions that are found in this chapter appear as “special approval” or review by Planning Commission, legislative body or Board of Appeals. These land uses could not be conveniently allocated to one zone or another or the effects of such uses could not be definitely foreseen as of a given time. The general characteristics of these uses include one or more of the following:
         (a)   They require large areas;
         (b)   They are infrequent;
         (c)   They sometimes create an unusual amount of traffic;
         (d)   They are sometimes obnoxious or hazardous; and
         (e)   They are required for public safety and convenience.
   VEHICLE WASH ESTABLISHMENT. Any establishment whose principal use is the manual, automatic or semi-automatic washing of motor vehicles, including accessory vacuum or detailing services.
   VETERINARIAN OFFICE or CLINIC/ANIMAL HOSPITAL. An establishment where one or more licensed veterinarians, and any associated staff, provide medical, surgical, grooming or similar services solely for household pets. Use as a kennel shall be limited to short-term boarding and shall only be incidental to such hospital use. The long-term boarding of animals shall not be permitted.
   WALL (FENCE). A completely obscuring structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this chapter.
   YARDS. The open spaces of the same lot with a main building, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter and as defined herein.
(1979 Code, §§ 5.2-5.10) (Ord. 62, passed 5-16-1978; Ord. 142, passed 3-7-2000; Ord. 154, passed 1-21-2003; Ord. 176, passed 2-3-2009 ; Ord. 215, passed 8-8-2022 ) Penalty, see § 150.999

§ 150.002 SCOPE.

   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 on any building, structure or land, or part thereof, except in conformity with the provisions of this chapter.
(1979 Code, § 5.92) (Ord. 62, passed 5-16-1978) Penalty, see § 150.999

§ 150.003 NONCONFORMANCE.

   (A)   Intent. 
      (1)   It is the intent of this section to permit nonconformities to continue until they are removed, but not to encourage their survival. Within the districts established by this chapter, or amendments that may later be adopted, there exist lots, structures and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment. Such uses are declared by this chapter to be incompatible with permitted uses in the district involved.
      (2)   It is further the intent of this section 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. 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.
      (3)   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 the provisions 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. A variance to yard requirements shall be obtained through approval of the Board of Appeals.
      (2)   If two or more lots, or combinations of lots and portions of lots, with continuous frontage in single-ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter and no portion of said 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, it shall be 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 six months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
   (D)   Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
      (1)   No such structure may be enlarged or altered in a way which increases its nonconformity.
      (2)   Should such structure be destroyed by any means to an extent of more than 60% of its reasonable value, exclusive of the foundation at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
      (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 moved.
   (E)   Nonconforming uses of structures and land. If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.
      (1)   No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
      (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)   If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another conforming use 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.
      (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 a structure and premises in combination, is discontinued or ceases to exist for six consecutive months or for 18 months during any three-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, or structures and premises in combination, occupied by seasonal uses which are discontinued or cease to exist for 12 consecutive months shall not thereafter be used except in conformance with the regulations of the district in which it is located.
      (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 non-bearing 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.
   (G)   Uses under exception provisions not nonconforming uses. Any use for which a general exception or special approval is permitted, as provided in this chapter, shall not be deemed a nonconforming use but shall, without further action, be deemed a conforming use in such district.
   (H)   Change of tenancy or ownership. There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures and premises, provided that there is no change in the nature or character of such nonconforming uses except in conformity with the provisions of this chapter.
(1979 Code, § 5.101) (Ord. 62, passed 5-16-1978) Penalty, see § 150.999

§ 150.004 ACCESSORY BUILDINGS AND USES.

   Accessory buildings and uses, 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 yard regulations of this chapter applicable to a main building.
   (B)   In residential districts, accessory buildings shall not be erected in any required yard, except a rear yard.
   (C)   No detached accessory building shall be located closer than ten feet to any main building nor shall it be located closer than three 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 be no closer than one foot to such rear lot line. In no instance shall an accessory structure be located within a dedicated easement right-of-way.
   (D)   When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building shall not project beyond the front yard line required on the lot in the rear of such corner lot. When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the side lot line of the lot to its rear, said building shall not project beyond the side yard line of the lot in the rear of such corner lot.
   (E)   Within a residential district, one unoccupied house trailer or travel trailer, which is the property of the dwelling occupant, may be stored within a garage or in a rear yard.
(1979 Code, § 5.102) (Ord. 62, passed 5-16-1978)

§ 150.005 USES NOT OTHERWISE INCLUDED WITH SPECIAL USE.

   (A)   The uses hereinafter referred to possess unique characteristics making it impractical to include them in a specific use district classification. They shall only be permitted by the Planning Commission under the conditions specified and after public hearing.
   (B)   Reference to those uses falling specifically within the intent of this section is as follows.
      (1)   Outdoor theaters. Outdoor theaters shall be permitted in the I-1 Districts and only when the site in question is surrounded by an I-1 District. Outdoor theaters shall further comply with the following conditions.
         (a)   The internal design shall be approved by the Building Inspector as to drainage, lighting, screening and other technical aspects.
         (b)   Outdoor theaters shall abut directly upon an existing or planned major thoroughfare of not less than 120 feet of right-of-way.
         (c)   Ingress and egress shall be available to the theater only from a major thoroughfare of 120 feet and shall not be available from any residential street.
         (d)   No vehicle shall be permitted to wait or stand within a dedicated right-of-way.
         (e)   The area shall be laid out so as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares.
         (f)   The proposed outdoor theater shall be subject further to the review and approval of the City Council.
(1979 Code, § 5.107)
      (2)   Commercial television and radio towers. Commercial television and radio towers and public utility microwaves and public utility TV transmitting towers, and their attendant facilities, shall be permitted in I-1 Districts subject to the following conditions.
         (a)   The proposed improvements shall be centrally located on the property and set back a minimum distance equal to the highest point of the tower with attachments from the adjoining property lines, overhead utility lines and public or private road rights-of-way.
         (b)   The proposed use shall require submission to, and approval by, the city of detailed engineering and technical plans for the construction and proposed use as well as detailed site plans showing all proposed improvements to the site and demonstrating adequacy of drainage, lighting, general safety, area for on-site maintenance, parking and driveways and other required details for the proposed use.
         (c)   The owner and operator of the facility shall preserve and maintain as much of the existing on-site grass, trees and other vegetation as possible and shall maintain appropriate grades, driveways and parking areas so as to avoid ground water run-off onto adjoining properties, mud and dust.
         (d)   All towers shall be installed to prevent unauthorized access. Towers shall not have steps or similar climbing devices for a minimum of eight feet above the ground.
         (e)   All towers must comply with all applicable federal, state and local laws, rules and regulations, including all applicable FAA and FCC regulations, the State Airport Zoning Act and the State Tall Structure Act.
         (f)   The use of guy wires is strictly prohibited.
         (g)   Commercial wind energy conversion systems are prohibited.
(Ord. 62, passed 5-16-1978; Ord. 181, passed 10-20-2009) Penalty, see § 150.999

§ 150.006 SIGNS.

   The following conditions shall apply to all signs erected or located in any use district.
   (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 and those owned by a local business whose design, construction, and specifications have been reviewed by the Planning Commission and approved by the City Council, shall be located in, project into or overhang a public right-of-way or dedicated public easement.
   (C)   All directional signs required for the purpose of orientation, when established by the city, county, state or federal governments, shall be permitted in all use districts.
   (D)   No sign otherwise permitted shall project above or beyond the maximum height limitation of the use district in which located. This regulation may be modified by the Board of Appeals, which Board in so granting such modifications shall respect all yards and setbacks.
   (E)   Accessory signs shall be permitted in any use district.
   (F)   Non-accessory signs shall be permitted only in the I-1 District.
   (G)   Signs used for advertising land or buildings for rent, lease and/or for sale shall be permitted when located on the land or building intended to be rented, leased and/or sold.
   (H)   Accessory ground signs may be located in the front yard except as otherwise provided herein.
(1979 Code, § 5.108) (Ord. 62, passed 5-16-1978; Ord. 225, passed 8-13-2024)

§ 150.007 EXTERIOR LIGHTING.

   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.
(1979 Code, § 5.109) (Ord. 62, passed 5-16-1978)

§ 150.008 CORNER CLEARANCE.

   No fence, wall, shrubbery, sign or other obstruction to vision above a height of two feet 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 said right-of-way lines at a distance along each line of 25 feet from their point of intersection.
(1979 Code, § 5.110) (Ord. 62, passed 5-16-1978)

§ 150.009 AREA, HEIGHT AND USE EXCEPTIONS.

   The regulations in this chapter shall be subject to the following interpretations and exceptions.
   (A)   Essential services. Essential services shall be permitted as authorized and regulated by law and other ordinances of the city; it being the intention hereof to exempt such essential services from the application of this chapter.
   (B)   Voting place. The provisions of this chapter shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.
   (C)   Height limit. The height limitations of this chapter shall not apply to farm buildings, chimneys, church spires, flag poles, public monuments or wireless transmission towers; provided, however, that the Board of Appeals may specify a height limit for any such structure when such structure requires authorization as a use permitted subject to special conditions or under § 150.005.
   (D)   Lot area. Any lot existing and of record at the time this chapter became effective may be used for any principal use (other than uses permitted subject to special conditions for which special lot area requirements are specified in this chapter) permitted in the district in which such lot is located whether or not such lot complies with the lot area requirements of this chapter; provided that all requirements, other than lot area requirements prescribed in this chapter, are complied with and provided that not more than one dwelling unit shall occupy any lot except in conformance with provisions of this chapter for required lot area for each dwelling unit.
   (E)   Lots adjoining alleys. In calculating the area of a lot that adjoins an alley or lane, for the purpose of applying lot area requirements of this chapter, one-half the width of such alley abutting the lot shall be considered as part of such lot.
   (F)   Yard regulations. When yard regulations cannot be reasonably be complied with, as in the case of a planned development in the multiple-family district or where their application cannot be determined on lots existing and of record at the time this chapter became effective and on lots of peculiar shape or topography or due to architectural or site arrangement, such regulations may be modified or determined by the Board of Appeals.
   (G)   Multiple dwelling side yard. For the purpose of side yard regulations, a two-family, a terrace, a row house or any multiple dwelling shall be considered as one building occupying one lot.
   (H)   Porches and terraces. An unenclosed and uncovered porch (i. e., one which is not roofed over) or paved terrace may project into a required front or rear yard for a distance not exceeding eight feet.
   (I)   Projections into yards. Architectural features such as, but not limited to, window sills, cornices, eaves and bay windows, not including vertical projections, may extend or project into a required side yard not more than two inches for each one foot of width of such side yard and may extend or project into a required front yard or rear yard not more than three feet. Architectural features shall not include those details which are normally demountable.
   (J)   Residential yard fences. Fences or walls in residential districts may be constructed within a required rear or side yard (i.e., along the property line).
(1979 Code, § 5.121) (Ord. 62, passed 5-16-1978)

§ 150.010 NUISANCE.

   Any building or structure which is erected, altered or converted or any use of premises or land which is begun or changed subsequent to the time of passage of this chapter, and in violation of any of the provisions thereof, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.
(1979 Code, § 5.162) (Ord. 62, passed 5-16-1978) Penalty, see § 150.999

§ 150.011 OWNERS’S RESPONSIBILITY.

   The owner of any building, structure or premises, or part thereof, where any condition in violation of this chapter shall exist or shall be created and who has assisted knowingly in the commission of such violation shall be guilty of a separate offense and, upon conviction thereof, shall be liable to the fines and imprisonment herein provided.
(1979 Code, § 5.163) (Ord. 62, passed 5-16-1978) Penalty, § 150.999

§ 150.012 REGULATION OF MARIHUANA ESTABLISHMENTS.

   (A)   Marihuana establishments must comply with the following regulations. All terms defined in § 117.02 of the City of Memphis Code have the same meaning when used in this section:
      (1)   Establishments must comply with the MRTMA, MMMFLA and the MRTMA rules, as applicable.
      (2)   Co-located marihuana establishments may be permitted, subject to the regulations of this section and any applicable rules promulgated by LARA.
      (3)   Establishments shall be sufficiently setback from property lines or screened or buffered with a fence, wall, or landscape screen to minimize light spillage, odor, and noise (including noise associated with truck traffic or other machinery), affecting adjacent properties.
      (4)   Applicants must provide a plan for the storage and disposal of marihuana or chemicals associated with marihuana cultivation, so as to minimize the risk of theft or harm resulting from chemical exposure.
      (5)   No marihuana may be stored overnight outside of an enclosed building. By way of example and without limitation, it is unlawful to store marihuana overnight in an outdoor waste bin or a secure transport vehicle parked outdoors.
      (6)   Signage for marihuana establishments must be consistent with any applicable signage requirements in this chapter the additional restriction that establishment signage may not depict marihuana, marihuana-infused products, or marihuana-related paraphernalia.
      (7)   All marihuana establishments must be located in property zoned Central Business District.
      (8)   Prior to operating, an establishment must request and be granted a zoning compliance certificate from the City of Memphis Building Inspector.
   (B)   Marihuana establishments must control and eliminate odor as follows:
      (1)   The building must be equipped with an activated air scrubbing and carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter and air scrubbing system.
      (2)   The filtration system must consist of one or more fans, activated carbon filters and be capable of scrubbing the air prior to leaving any building. At a minimum, the fan(s) must be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the applicable CFM.
      (3)   The air scrubbing and filtration system must be maintained in working order and must be in use at all times. The filters must be changed per manufacturers' recommendation to ensure optimal performance.
      (4)   Negative air pressure must be maintained inside the building.
      (5)   Doors and windows must remain closed, except for the minimum time length needed to allow people to ingress or egress the building.
      (6)   An alternative odor control system is permitted if the applicant submits a report by a mechanical engineer licensed in the State of Michigan sufficiently demonstrating that the alternative system will eliminate odor as well or better than the air scrubbing and carbon filtration system otherwise required.
   (C)   A marihuana establishment may not be located within 500 feet of a public or private K-12 school. The distances described in this section shall be computed by measuring a straight line from the nearest property line of land used for the purposes stated in this section to the nearest property line of the parcel used as a marihuana establishment.
   (D)   The number of establishments allowed in the city is as provided for in § 117.03.
   (E)   A retail establishment shall comply with the following:
      (1)   The hours of operation of marihuana retail establishments shall be as follows:
         (a)   Monday through Thursday: 9:00 a.m. to 10:00 p.m.
         (b)   Friday and Saturday: 9:00 a.m. 12:00 a.m.
         (c)   Sunday: 9:00 a.m. to 8:00 p.m.
         (d)   Marihuana retail establishments hours of operation may be amended by resolution of the City Council.
      (2)   Retailers may not receive deliveries between the hours of 8:00 p.m. and 8:00 a.m.
      (3)   Retailers are allowed in Industrial districts only if the establishment is co-located with a processor.
      (4)   The exterior appearance of a retailer's premises must be compatible with surrounding businesses with respect to facade type, ground floor opacity, size and placement of signage, site layout, etc.
      (5)   The interior of a retail establishment must be arranged in a way such that neither marihuana nor marihuana-infused products are visible from the exterior of the establishment.
      (6)   Consumption of marihuana shall be prohibited in the retail establishment, and a sign shall be posted on the premises of each retail establishment indicating that consumption is prohibited on the premises.
      (7)   Retailers shall continuously monitor the entire premises on which they are operated with surveillance systems that include security cameras. The video recordings shall be maintained in a secure, off-site location for a period of 14 days. Memphis Police Chief will have access to all recordings during regular business hours.
      (8)   The public or common areas of the retail establishment must be separated from restricted or non-public areas of the marihuana establishment.
      (9)   No drive-through window on the portion of the premises occupied by a retail establishment shall be permitted.
      (10)   Retailers shall not allow the sale, consumption, or use of alcohol or tobacco products on the premises.
   (F)   All processors shall comply with the following:
      (1)   The city’s Public Works Department shall review all pertinent information relating to sewer discharges and shall provide any pertinent comments on to the Planning Commission. No chemicals can be discharged into the sewer system without written prior approval from the DPW Supervisor, or designate.
      (2)   Processors shall continuously monitor the entire premises on which they are operated with surveillance systems that include security cameras. The video recordings shall be maintained in a secure, off-site location for a period of 14 days. Memphis Police Chief will have access to all recordings during regular business hours.
   (G)   Safety compliance facilities shall comply with the following:
      (1)   The city's Public Works Department shall review all pertinent information relating to sewer discharges and shall provide any pertinent comments on to the Planning Commission. No chemicals can be discharged into the sewer system without written prior approval from the DPW Supervisor, or designate.
   (H)   Notwithstanding any other provision to the contrary, penalties for violations of this section shall be as follows:
      (1)   If at any time an authorized establishment violates this section or any other applicable city ordinance, the City Council may request that LARA revoke or refrain from renewing the establishment's state operating license.
      (2)   It is unlawful to disobey, neglect, or refuse to comply with any provision of this section or any provision of the city's zoning ordinance or any other city ordinance. A violation is a civil infraction. Each day the violation continues shall be a separate offense subject to a fine of up to $500.
      (3)   The foregoing sanctions are in addition to the city's right to seek other appropriate and proper remedies, including actions in law or equity and including injunctive relief to compel compliance or prohibit.
(Ord. 209, passed 10-7-2020; Ord. 216, passed 6-29-2022; Ord. 219, passed 8-1-2023; Ord. 227, passed 5-6-2025)

§ 150.025 ADMINISTRATIVE OFFICIAL.

   (A)   Except where herein otherwise stated, the provisions of this chapter shall be administered by the Building Inspector or such other official or officials as may be designated by the City Council.
   (B)   The Building Inspector shall have the power to:
      (1)   Issue building permits;
      (2)   Grant certificates of occupancy permits;
      (3)   Make inspections of buildings and premises necessary to carry out the duties of administration and enforcement of this chapter; and
      (4)   Perform such other further functions necessary and proper to enforce and administer the provisions of this chapter.
(1979 Code, § 5.131) (Ord. 62, passed 5-16-1978)

§ 150.026 BUILDING PERMIT APPLICATION.

   (A)   No building or structure within the city shall hereafter be erected, moved, repaired, altered or razed, nor shall any change be made in the use of any building or land without a building permit having been obtained from the Building Inspector.
   (B)   Satisfactory evidence of ownership of the entire lot shall accompany all applications for permits under the provisions of this chapter. No such building permit shall be issued to erect a building or structure or make any change of use of a building or land unless it is in conformity with the provisions of this subchapter and all amendments hereto. Unless construction is started within six months after the date of issuance of a building permit, the building permit shall automatically become void and fees forfeited.
   (C)   The Building Inspector may reinstate a building permit which has become void for failure to commence construction without payment of further fees in his or her discretion. Fees for inspection and the issuance of permits or certificates, or copies thereof, required or issued under the provisions of this chapter shall be collected by the Building Inspector in advance of issuance. The amount of such fees shall be established by resolution of the City Council.
   (D)   The Building Inspector shall record all nonconforming uses existing at the effective date of this subchapter for the purpose of carrying out the provisions of § 150.003.
   (E)   The Building Inspector shall require that all applications for building permits be accompanied by plans and specifications including a plat plan, in duplicate, drawn to scale, showing the following:
      (1)   The actual shape, location and dimensions of the lot drawn to scale;
      (2)   The shape, size and location of all buildings or other structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate; and
      (3)   Such other information concerning the lot or adjoining land as may be essential for determining whether the provisions of this chapter are being observed. One copy of the plans shall be returned to the applicant by the Building Inspector after he or she shall have marked such copy either as approved or disapproved. The second copy shall be retained in the office of the Building Inspector.
   (F)   Upon completion of the work authorized by a building permit, the holder thereof shall seek final inspection thereof by notifying the Building Inspector.
(1979 Code, § 5.132) (Ord. 62, passed 5-16-1978) Penalty, see § 150.999

§ 150.027 CERTIFICATE OF OCCUPANCY.

   (A)   No land, building, structure, or part thereof, shall be occupied by or for any use for which a building permit is required by this subchapter unless and until a certificate of occupancy shall have been issued for such new use. No land or building shall be occupied or reoccupied, used or changed in use until a certificate of occupancy and compliance shall have been issued by the Building Inspector stating that the land or building, or proposed use of a building or land, complies with all the building or health laws and ordinances and the provisions of this chapter.
   (B)   A copy of such certificate of occupancy and compliance shall be conspicuously posted and displayed on the premises used for any purposes other than residential. The following shall apply in the issuance of any certificate.
      (1)   Certificates not to be issued. No certificates of occupancy pursuant to Ch. 154 shall be issued for any building, structure, or part thereof, or for use of any land which is not in accordance with all the provisions of this chapter.
      (2)   Certificates required. No building or structure, or parts thereof, which is hereafter erected or altered shall be occupied or used, or the same caused to be done, unless and until a certificate of occupancy shall have been issued for each building or structure.
      (3)   Certificates including zoning. Certificates of occupancy, as required by Ch. 154, for new buildings or structures, or parts thereof, or for alterations to, or changes of use of, existing buildings or structures shall also constitute certificates of occupancy, as required by this chapter.
      (4)   Certificate for existing buildings. Certificates of occupancy will be issued for existing buildings, structures, or parts thereof, or existing uses of land if, after inspection, it is found that such buildings, structures, or parts thereof, or such use of land are in conformity with the provisions of this chapter. It shall hereafter be unlawful for any person to occupy any existing commercial and/or industrial buildings or premises located within the city which have been vacated by a tenant, lessee or owner, unless such persons desiring to re-occupy such building or premises shall first make application for and obtain a certificate of occupancy from the Building Inspector.
      (5)   Certificates for nonconforming buildings.
         (a)   A certificate of occupancy shall be required for each nonconforming use of building existing prior to the time of passage of §§ 150.001 through 150.011, 150.025 through 150.035, 150.050 through 150.054, 150.057 and 150.070 through 150.078. Application for such certificate of occupancy for nonconforming uses shall be filed with the Building Inspector by the owner or lessee of the building occupied by such nonconforming use within six months from the effective date of §§ 150.001 through 150.011, 150.025 through 150.035, 150.050 through 150.054, 150.057 and 150.070 through 150.078. It shall be the duty of the Building Inspector to notify such owner or lessees in writing and to issue a certificate of occupancy for such nonconforming use upon application.
         (b)   The failure of the owner or lessee of the building occupied by such nonconforming use to obtain such certificate of occupancy for the same within six months from the effective date of §§ 150.001 through 150.011, 150.025 through 150.035, 150.050 through 150.054, 150.057 and 150.070 through 150.078, shall create a conclusive presumption that such nonconforming use did not exist prior to the effective date of §§ 150.001 through 150.011, 150.025 through 150.035, 150.050 through 150.054, 150.057 and 150.070 through 150.078 and such use shall be discontinued within one year from the effective date of §§ 150.001 through 150.011, 150.025 through 150.035, 150.050 through 150.054, 150.057 and 150.070 through 150.078.
      (6)   Temporary certificates. Nothing in this chapter shall prevent the Building Inspector from the issuing of a temporary certificate of occupancy for a portion of a building or structure in process of erection or alteration, provided that such temporary certificate shall not be effective for a period of time in excess of six months or more than five days after the completion of the building ready for occupancy and provided further that such portion of the building, structure or premises is in conformity with the provisions of this chapter.
      (7)   Records of certificate. A record of all certificates issued shall be kept in the office of the Building Inspector and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.
      (8)   Certificates for dwelling accessory buildings. Buildings accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plat plan and when completed at the same time as such dwellings.
      (9)   Application for certificates. Application for certificates of occupancy shall be made in writing to the Building Inspector on forms furnished by the Department and such certificates shall be issued if, after final inspection, it is found that the building or structure, or part thereof, or the use of land is in accordance with the provisions of this chapter. If such certificate is refused for cause, the applicant therefor shall be notified in writing of such refusal and cause thereof.
(1979 Code, § 5.133) (Ord. 62, passed 5-16-1978) Penalty, see § 150.999

§ 150.028 BOARD OF APPEALS.

   (A)   Creation and membership. 
      (1)   There shall be established and appointed by the City Council, in accordance with Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., as amended, a Zoning Board of Appeals. Such Board shall consist of seven members, one of whom shall be a member of the City Council, one a citizen member of the Planning Commission with appointment by the Council coinciding with his or her Planning Commission term, and five members who shall be appointed by the Council. In the latter instance, one of said members shall be appointed for a one-year term, two of said members shall be appointed for a two-year term and two of said members shall be appointed for a three-year term.
      (2)   Thereafter, each member shall be appointed to hold office for a full three-year term. All of the members of the Board of Appeals shall be citizens of the United States and residents of the city for a two-year period prior to appointment. No elected officer, other than the Council member or employee of the city, shall be a member of the Board. Any vacancy in the Board shall be filled by the Council for the remainder of the unexpired term. Compensation of members of the Board of Appeals shall be fixed by the City Council.
(1979 Code, § 5.141)
   (B)   Power of Zoning Board of Appeals. The Zoning Board of Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this chapter, but does have power to act on those matters where this chapter provides for an administrative review, interpretation, exception or special approval permit and to authorize a variance as defined in this section and laws of the state. Said power includes the following.
      (1)   The Zoning Board of Appeals may hear and decide where it is alleged by the applicant that there is an error in any order, requirement, permit, decision or refusal made by the Building Inspector or any other administrative official in carrying out or enforcing any provision of this chapter.
      (2)   The Zoning Board of Appeals may hear and decide in accordance with the provisions of this chapter, requests for exceptions, for interpretations of the Zoning Map and for decisions on special approval situations on which this chapter specifically authorizes the Board to pass. Any exception or special approval permit shall be subject to such conditions as the Board may require to preserve and promote the character of the zoning district in question and otherwise promote the purpose of this chapter.
      (3)   The Zoning Board of Appeals may approve an application, upon appeal, for a variance from the strict application of the provisions of this chapter, in accordance with the following provisions.
         (a)   A nonuse variance may be granted upon the applicant demonstrating that a practical difficulty exists due to unique circumstances or physical conditions of the property.
         (b)   A use variance may be granted upon the applicant demonstrating that an necessary hardship exists due to unique circumstances peculiar to the property and not general to the neighborhood conditions.
         (c)   The need for the variance must not be due to the applicant’s personal or economic hardship or the result of actions must not cause an adverse impact on the surrounding property or alter the essential character of the neighborhood.
         (d)   In granting a variance, the Board shall state the grounds upon which it justifies the granting of the variance and may attach conditions to the variance as it may deem reasonable in furtherance of the purpose of this chapter.
      (4)   The Zoning Board of Appeals may grant a permit for temporary buildings or uses for periods not to exceed two years. The granting of temporary permits shall be done under the following conditions.
         (a)   The granting of a temporary permit shall in no way constitute a change in the basic zoning district and principal uses permitted herein.
         (b)   The granting of the temporary permit shall be granted in writing stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of said temporary permit.
         (c)   All setbacks, land coverage, off-street parking, lighting and other necessary requirements to be considered in protecting the public health, safety and general welfare of the people of the city shall be made at the discretion of the Zoning Board of Appeals or as otherwise provided in this chapter.
      (5)   The Zoning Board of Appeals may permit the erection and use of a building or use of premises for public utility purposes and make exceptions therefor to the height and bulk requirements herein established which said Board considers necessary for the public safety and welfare.
(1979 Code, § 5.144)
(Ord. 62, passed 5-15-1978; Ord. 175, passed 2-3-2009)

§ 150.029 ZONING BOARD PROCEDURE.

   (A)   (1)   The Board shall annually elect its own Chairperson and Secretary.
      (2)   Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine by rule. All meetings of the Board shall be open to the public.
      (3)   The Board shall adopt its own rules or procedures and shall maintain records of its proceedings which shall be filed in the office of the City Clerk and shall be a public record.
      (4)   The fees to be charged for appeals shall be set by resolution of the City Council.
      (5)   In those instances wherein lot area and yard requirements in lots existing of record cannot be complied with and must therefore be reviewed by the Board, the required fees for appeal, in whole or in part, may be refunded to the petitioner at the discretion of the Board of Appeals.
(1979 Code, § 5.142)
   (B)   (1)   An appeal to the Zoning Board of Appeals based, in whole or in part, on the provisions of this chapter may be taken by any person, firm or corporation aggrieved or by any governmental officer, department, board or bureau affected by the decision of the Building Inspector. Such appeal shall be taken by filing a notice of appeal with the Board of Zoning Appeals in appropriate form provided by the Building Inspector, payment of the required fee and shall specify the grounds for such appeal.
      (2)   The Building Inspector shall transmit all papers constituting the records of such surveys, plans or other information, as may be reasonably required, to said Board for the proper consideration of the matter.
      (3)   Upon a hearing before the Board, any person or party may appear in person or by agent or by attorney.
   (C)   (1)   The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof in accordance with § 150.035 of this chapter. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises and, to that end, shall have all the powers of the officer from whom the appeal is taken.
      (2)   The concurring vote of two-thirds of the Zoning Board of Appeals shall be necessary to reverse any order, requirement decision or determination of the Building Inspector or to decide in favor of the applicant any matter upon which they are required to under this chapter or to effect any variation in this chapter.
      (3)   An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector certified to the Zoning Board of Appeals, after notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property, in which case the proceedings shall not be stayed otherwise than by a restraining order which shall be granted by the Zoning Board of Appeals or by a court of competent jurisdiction, on notice of the Building Inspector and on due cause shown.
(1979 Code, § 5.143)
(Ord. 62, passed 5-16-1978; Ord. 173, passed 2-3-2009)

§ 150.030 STANDARDS.

   (A)   Each case before the Zoning Board of Appeals shall be considered as an individual case and shall conform to the detailed application of the following standards in a manner appropriate to the particular circumstances of such case. All uses as listed in any district requiring Board approval for a permit shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts.
   (B)   The Board shall give consideration to the following:
      (1)   The location and size of the use;
      (2)   The nature and intensity of the operations involved in or conducted in connection with it;
      (3)   Its size, layout and its relation to pedestrian and vehicular traffic to and from the use;
      (4)   The assembly of persons in connection with it will not be hazardous to the neighborhood or be incongruous therewith or conflict with normal traffic of the neighborhood;
      (5)   Taking into account, among other things, convenient routes of pedestrian traffic, particularly of children;
      (6)   Vehicular turning movements in relation to routes of traffic flow, relation to street intersections, site distance and the general character and intensity of development of the neighborhood;
      (7)   The location and height of buildings, the location, nature and height of walls, fences and the nature and extent of landscaping of the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof;
      (8)   The nature, location, size and site layout of the uses shall be such that will be a harmonious part of the district in which it is situated taking into account, among other things, prevailing shopping habits, convenience of access by prospective patrons, the physical and economic relationship of one type of use to another and related characteristics; and
      (9)   The location, size, intensity and site layout of the use shall be such that its operations will not be objectionable to nearby dwellings by reason of noise, fumes or flash of lights to a greater degree than is normal with respect to the proximity of commercial to residential uses, nor interfere with an adequate supply of light and air, nor increase the danger of fire or otherwise endanger the public safety.
(1979 Code, § 5.145) (Ord. 62, passed 5-16-1978)

§ 150.031 ZONING BOARD OF APPEALS; ORDER PERIODS.

   (A)   No order of the Zoning Board of Appeals permitting the erection or alteration of buildings shall be valid for a period longer than one year, unless a building permit for such erection or alteration is commenced and proceeds to completion in accordance with the terms of such permit.
   (B)   No order of the Zoning Board of Appeals permitting a use of a building or premises shall be valid for a period longer than one year unless such use is established within such period; provided, however, that the use of such permit is dependent upon the erection or alteration of a building, such order shall continue in full force and effect if a building permit for such use, erection or alteration is obtained within such period and such erections or alterations are commenced and proceed to completion in accordance with the terms of such permit.
(1979 Code, § 5.146) (Ord. 62, passed 5-16-1978)

§ 150.032 CHANGES IN AMENDMENTS.

   The City Council may from time to time, on recommendation from the Planning Commission, on its own motion or on petition, amend, supplement, modify or change this chapter in accordance with the following procedural outline.
   (A)   Upon presentation to the City Council of a petition for amendment of this chapter by an owner of real estate to be affected, such petition shall be accompanied by a fee. The amount of such fee shall be set by resolution of the City Council and shall be used to defray the expense of publishing required notices and related expenditures. Should no public hearing be held thereon, the fee shall be refunded to the petitioner.
   (B)   All amendment proposals not originating with the Planning Commission shall be referred by the City Council to the Planning Commission for a recommendation before any action is taken by the City Council.
   (C)   The Planning Commission shall study the proposed amendment and make written recommendation to the City Council for approval, conditional approval or disapproval.
   (D)   Upon receipt of the Planning Commission’s recommendation, the City Council shall approve, conditionally approve or disapprove the recommendation.
   (E)   In case a protest against a proposed amendment, supplement or change be presented, duly signed by the owners of 20% or more of the frontage proposed to be altered or by the owners of 20% or more of the frontage immediately in the rear thereof or by the owners of 20%of the frontages directly opposite the frontage proposed to be altered, such amendment shall not be passed except by a three-quarters vote of the City Council.
(1979 Code, § 5.148) (Ord. 164, passed 12-20-2005)

§ 150.033 INTERPRETATION.

   In the interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience or general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that where this chapter imposes a greater restriction than is required by existing ordinance or by rules, regulations or permits, the provisions of this chapter shall control.
(1979 Code, § 5.149) (Ord. 62, passed 5-16-1978)

§ 150.034 VESTED RIGHTS.

   Nothing in the chapter should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and, they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety and welfare.
(1979 Code, § 5.150) (Ord. 62, passed 5-16-1978)

§ 150.035 PUBLIC HEARING; NOTIFICATION.

   (A)   Unless otherwise provided by law, if the city is required to provide notice and hearing under this chapter, notice shall be provided in accordance with the following provisions.
      (1)   One notice of the public hearing shall be published in a newspaper of general circulation in the city.
      (2)   The notice shall be given not less than 15 days before the date of the hearing.
   (B)   In the case of a hearing on an application relating to the zoning or use of property, the notice shall also comply with the following provisions.
      (1)   The notice shall be sent by mail or personal delivery to the owners of the property, to all persons to whom real property is assessed within 300 feet of the property and to the occupants of all structures within 300 feet of the property regardless of whether the property or occupant is located in the zoning district. If the name of the occupant is not known, the term “occupant” may be used in making notification under this division (B).
      (2)   The notice shall do all of the following:
         (a)   Describe the nature of the request;
         (b)   Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. If there are no street addresses, other means of identification may be used;
         (c)   State when and where the request will be considered; and
         (d)   Indicate when and where written comments will be received concerning the request.
(Ord. 172, passed 2-3-2009)

§ 150.050 CITY AREAS.

   For the purpose of convenience, the city is hereby divided into areas which are placed on maps as hereinafter provided.
(1979 Code, § 5.15) (Ord. 62, passed 5-16-1978)

§ 150.051 ZONING DISTRICTS.

   For the purposes of this chapter, the city is hereby divided into the following zoning districts.
   (A)   Residential districts.
      (1)   R-1A: One-Family Residential District;
      (2)   R-1B: One-Family Residential District;
      (3)   RM: Multiple-Family Residential District; and
      (4)   MH: Mobile Home Park District.
   (B)   Non-residential districts.
      (1)   C-l: Commercial Overlay District;
      (2)   CBD: Central Business District; and
      (3)   I-1: Light Industrial District.
(1979 Code, § 5.16) (Ord. 62, passed 5-16-1978; Ord. 222, passed 12-5-2023)

§ 150.052 ONE-FAMILY RESIDENTIAL DISTRICTS.

   (A)   R-1A and R-1B; One-Family Residential Districts. The One-Family Residential Districts are designed to provide for one-family dwelling sites and residentially related uses in keeping with the residential development in the city. In addition, the preservation of natural terrain and wooded areas is reflected in the controls set forth in this section.
(1979 Code, § 5.31)
   (B)   Principal uses permitted. In the R1-A and R1-B One-Family Residential Districts, no building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided in this section:
      (1)   One-family detached dwelling;
      (2)   Farms;
      (3)   Publicly owned and operated libraries, parks, parkways and recreational facilities; and
      (4)   Accessory buildings and uses, customarily incidental to any of the above permitted uses.
(1979 Code, § 5.32)
   (C)   Uses subject to special conditions. The following uses shall be permitted after the Planning Commission, upon review of the plans, finds that the plans meet the conditions herein required, together with such other conditions as may be imposed to carry out the purposes of this section, subject to the conditions hereinafter imposed for each use:
      (1)   Utility and public service buildings and uses (without storage yards) where operating requirements necessitate the locating of said facilities within the district in order to serve the immediate vicinity. Further, no building and/or structure shall be located in any required front or side yard;
      (2)   Public, parochial and private elementary, intermediate and/or secondary schools offering courses in general education, not operated for profit;
      (3)   Churches and other facilities normally incidental thereto, subject to the following conditions.
         (a)   The site shall be so located as to provide for ingress and egress from said site directly onto an existing or planned collector street or major thoroughfare in the city.
         (b)   The principal buildings on the site shall be set back from abutting properties zoned for residential use not less than 20 feet.
         (c)   Buildings greater than the maximum height allowed in § 150.059 may be allowed, provided front, side and rear yards are increased above the minimum requirements by one foot for each foot of building which exceeds the maximum height allowed.
      (4)   Municipal office buildings, when in character with the neighborhood;
      (5)    Private recreation areas and institutional recreation centers when not operated for profit, all subject to the following conditions.
         (a)   The site shall be so located as to provide for ingress and egress from said site directly onto a collector street or major thoroughfare in the city.
         (b)   Front, side and rear yards shall be at least 50 feet wide, except on those sides adjacent to nonresidential districts, and shall be landscaped in trees, shrubs, grass and terrace areas. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in required front, side and rear yards, except for required entrance drives and those walls and/or fences used to obscure the use from abutting residential districts.
         (c)   Buildings erected on the premises shall not exceed one story or 14 feet in height.
         (d)   Off-street parking shall be provided so as to accommodate at least one-fourth of the member families and/or individual members. Bylaws of the organization shall be provided to the Planning Commission in order to establish the membership involved in computing parking requirements.
         (e)   All storm and sanitary sewer plans shall be provided and shall be reviewed and approved by the City Engineer prior to the issuance of a building permit.
         (f)   The off-street parking and general site layout and its relationship to all adjacent lot lines shall be reviewed by the Planning Commission, which may impose any reasonable restrictions or requirements so as to ensure that adjacent residential areas will be adequately protected.
      (6)   Nursery schools, day nurseries and child care centers (not including dormitories); provided that, for each child so cared for, there is provided and maintained a minimum of 150 square feet of outdoor play area. Such play space shall have a total minimum area of at least 1,500 square feet; and
      (7)   Accessory buildings and uses customarily incidental to any of the above permitted uses.
(1979 Code, § 5.33)
      (8)   Medical marijuana home occupations are permitted only within the R-1A and R-1B zoning districts subject to the following conditions:
         (a)   The medical use, transfer and/or cultivation of marijuana must comply at all times and in all circumstances with the Michigan Medical Marihuana Act and the General Rules of the Michigan Department of Community Health, as they may be amended from time to time.
         (b)   A registered primary caregiver operating a medical marijuana home occupation must not be located within 1,000 feet of a school, as measured from the outermost boundaries of the lot or parcel on which the home occupation and school is located.
         (c)   Not more than one registered primary caregiver per parcel is permitted to grow or cultivate medical marijuana at any parcel.
         (d)   The number of qualifying patients assisted and the number of plants assigned to each patient can be no more than permitted by the state law.
         (e)   All medical marijuana must be contained within and all growing, processing of medical marijuana must occur in an enclosed, locked facility inside the primary residential structure or accessory building on the parcel.
         (f)   All necessary building, electrical, plumbing and mechanical permits must be obtained for any portion of the building in which electrical wiring, lighting and/or watering devices that support the cultivation, growing or harvesting of marijuana are located.
         (g)   If a room with windows is utilized as a growing location, any lighting methods that exceed usual residential periods between the hours of 11:00 p.m. and 7:00 a.m. must employ shielding methods, without alteration to the exterior of the residence, to prevent ambient light spillage that may create a distraction for adjacent residential properties.
         (h)   That portion of the building where energy usage and heat exceed typical residential use, such as grow room, and the storage of any chemicals such as herbicides, pesticides, and fertilizers must be subject to inspection and approval by the city Fire Department to ensure compliance with the Michigan fire protection code.
         (i)   The premises must be open for inspection upon request by the building official, the Fire Department and law enforcement officials for compliance with all applicable laws and rules, during the stated hours of operation/use and as such other time as anyone is present on the premises.
         (j)   The operation of a registered primary caregiver as a home occupation shall be permitted only with the prior issuance of a city permit issued by the Building Inspector.
         (k)   A complete and accurate application shall be submitted on a form provided by the city and an application fee in the amount determined by resolution of the City Council shall be paid.
         (l)   The separation of plant resin from a marijuana plant by butane extraction or any other method that utilizes a substance with a flashpoint below 100°F in any public place, a motor vehicle, inside a residential structure, or curtilage of a residential structure is prohibited.
         (m)   Not more than 100 square feet of any residential dwelling unit on a residential lot shall be used for growing, processing, and handling of medical marijuana.
         (n)   The use of the dwelling or other permitted facility of a qualifying patient to cultivate medical marijuana in accordance with the MMMA, solely for personal use, does not require a permit under this division, however, all applicable state and city ordinance requirements must be met.
   (D)   Area and bulk requirements. See § 150.059 limiting the height and bulk of buildings, the minimum size of lots permitted by land use and the maximum density permitted.
(1979 Code, § 5.34)
(Ord. 62, passed 6-15-1978; Ord. 215, passed 8-8-2022)

§ 150.053 MULTIPLE-FAMILY RESIDENTIAL DISTRICTS.

   (A)   RM; Multiple-Family Residential Districts. The Multiple-Family Residential Districts are designed to provide sites for multiple-family dwellings and related uses, which will generally serve as zones of transition between the nonresidential districts and the lower density one-family residential districts. The multiple-family districts are further provided to serve the limited needs for the apartment type of unit in an otherwise low density, single-family community.
(1979 Code, § 5.41)
   (B)   Principal uses permitted. 
      (1)   Approval shall be contingent upon finding that the site plan shows that a proper relationship exists between local streets and any proposed service roads, driveways and parking areas to encourage pedestrian and vehicular traffic safety and all the development features, including the principal building or buildings and any accessory buildings or uses, open spaces and any service roads, driveways and parking areas, are so located to minimize the possibility of any adverse effects upon adjacent property such as, but not limited to, channeling excessive traffic onto local residential streets, lack of adequate screening or buffering of parking and/or service areas or building groups and circulation routes located as to interfere with police or fire equipment access;
      (2)   All principal and special condition uses permitted in the R-1A and R-1B One-Family Residential Districts, unless other-wise provided in this section;
      (3)   Multiple-family dwellings;
      (4)   Two-family dwellings;
      (5)   Boarding, rooming or lodging house;
      (6)   Non-profit clubs, providing that no residential facilities of any kind be a part of the premises;
      (7)   Professional offices such as, but not limited to, medical and dental offices (including clinics), architects and engineers offices, except veterinarians;
      (8)   Municipal buildings and uses and public utility buildings and uses (not including storage yards); and
      (9)   Accessory buildings and uses customarily incidental to any of the above permitted uses.
(1979 Code, § 5.42)
   (C)   Uses subject to specific conditions. The following uses shall be permitted subject to the conditions hereinafter imposed for each use:
      (1)   General hospitals, except those for criminals and those solely for the treatment of persons who are mentally ill, not to exceed four stories when the following conditions are met.
         (a)   All such hospitals shall be developed only on sites consisting of at least five acres in area.
         (b)   The proposed site shall have at least one property line abutting a major thoroughfare.
         (c)   Front, side and rear yards shall be at least 100 feet wide for two-story structures. Such required yards shall be increased by 20 feet for each story over two.
         (d)   Ambulance and delivery areas shall be obscured from all residential view with an obscuring wall or fence six feet in height. Ingress and egress to the site shall be directly from a major thoroughfare.
         (e)   There shall be no off-street parking in the required front or side yards.
      (2)   Convalescent homes, not to exceed a height of two stories when the following conditions are met.
         (a)   The site shall be so developed as to create a land to building ratio on the lot or parcel whereby for each one bed in the convalescent home there shall be provided not less than 1,500 square feet of open space. The landscaping, yard requirements, employee facilities, off-street parking service drives, loading space and any more space required for accessory uses. The 1,500 square feet requirement is over and above the building coverage area.
         (b)   No building shall be closer than 40 feet from any property line.
      (3)   Home occupations, provided they are conducted entirely within the dwelling and carried on by the inhabitants thereof, such use being clearly incidental and secondary to the use of the dwelling for residential purposes and which does not change the character thereof. Provided further, that one non-illuminated name plate, not more than one square foot in area may be attached to the dwelling which shall contain only the name and occupation of the resident of the premises. Home occupations shall further comply with all necessary city, county and state regulations. Off-street parking shall be provided for home occupations in accordance with §§ 150.090 through 150.093.
      (4)   Funeral homes, provided that service entrances and parking areas shall be completely screened from abutting residential zoned properties.
      (5)   Accessory buildings and uses customarily incidental to any of the above permitted uses.
(1979 Code, § 5.43)
   (D)   Area and bulk requirements. See § 150.059, limiting height and bulk of buildings, the minimum size of lots permitted by land use and the maximum density permitted.
(1979 Code, § 5.44)
(Ord. 62, passed 5-16-1978)

§ 150.054 MOBILE HOME PARK DISTRICTS.

   (A)   MH; Mobile Home Park Districts preamble. The Mobile Home Park Districts are designed to permit the development of planned mobile home parks compatible with surrounding areas and general community development and needs.
(1979, § 5.51)
   (B)   Principal uses permitted. In a mobile home park district, no building or land shall be used and no building shall be erected except for one or more of the following uses, unless otherwise provided in this section:
      (1)   Mobile home parks are subject to the following requirements and conditions.
         (a)   All mobile home parks shall be subject to the requirements as established and regulated by Public Act 243 of 1959 as amended.
         (b)   All site plans and building plans for mobile home parks, or extensions of existing mobile home parks, shall be submitted in duplicate to the Planning Commission for review and recommendation.
         (c)   The land parcel being proposed for mobile home parks shall be of such land area as to provide for a minimum of 50 mobile coach (trailer coach) stands.
         (d)   No mobile home (trailer coach) shall be located closer than 50 feet to the right-of-way line of a collector street or major thoroughfare or 20 feet to the mobile home park property lines.
         (e)   All ingress and egress to the mobile home park shall be directly onto a collector street or major thoroughfare.
         (f)   The parking of a mobile home (trailer coach) for periods exceeding 24 hours on lands not zoned for mobile home parks shall be expressly prohibited, except that the Building Inspector may extend temporary permits allowing the parking of a mobile home (trailer coach) in a rear yard, on private property, not to exceed a period of two weeks.
         (g)   All mobile homes (trailer coaches) owned by residents of the city and stored on their own individual lots shall be stored in the rear yard and shall be subject to all yard requirements, setbacks and lot coverage requirements of the district in which the property is located.
         (h)   All mobile homes (trailer coaches) parked or stored shall not be connected to sanitary facilities and shall not be occupied.
      (2)   Utility and public service buildings and uses (not including storage yards) when operating requirements necessitate the locating of said facilities within the district in order to serve the immediate vicinity; and
      (3)   Accessory buildings and uses customarily incidental to any of the above permitted uses.
(1979 Code, § 5.52)
(Ord. 62, passed 5-15-1978) Penalty, see § 150.999

§ 150.055 COMMERCIAL OVERLAY DISTRICTS.

   (A)   C-1; Commercial Overlay District. The C-1, Commercial Overlay District, as herein established, is designed to encourage the development of a commercial uses within a mixed-use corridor environment which meet the convenience shopping and service needs of local residents as well as the needs of "passer-by" vehicular traffic. Such commercial uses shall be developed in a manner which maintains the traditional character of the M-19 corridor while ensuring compatibility with established residential uses and surrounding residential areas.
      (1)   Nonconforming uses. Nonconforming use of a lawfully occupied building or land at the effective date of the plan or amendments thereto, in the Commercial Overlay Zoning District that do not conform to the use regulations of the district in which located are considered R1-A uses permitted in the city ordinance district codes: R1-A and C-1. In addition to the uses permitted herein, all nonconforming uses and structures located in the C-1 Commercial Overlay District that existed prior to adoption of an ordinance which made them nonconforming are permitted only to the extent nonconformity is allowed under this chapter, including, as allowed pursuant to § 150.003. Nothing herein shall be construed to allow for the expansion of any nonconforming use or structure or to allow an abandoned nonconforming use or structure to be reestablished.
   (B)   Applicability. As an overlay district, the C-1, Commercial Overlay District does not replace or restrict the range of uses allowed in the underlying use district classification for the property, but provides additional development options and standards which must be met for any commercial uses on the property. All commercial development within this overlay district shall comply with the regulations of this § 150.055.
   (C)   Boundaries. The C-1, Commercial Overlay District boundaries shall be as established on the Official Zoning Map. C-1, Commercial Overlay District boundaries may be established or amended according to the amendment procedures of § 150.032.
   (D)   Principal uses permitted. In the C-1, Commercial Overlay District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided in this section:
      (1)   Generally recognized retail businesses which supply commodities on the premises, such as but not limited to, groceries, meats, dairy products, baked goods or other foods, drugs, dry goods, clothing and notions or hardware;
      (2)   Personal service establishments which perform services on the premises, such as, but not limited to, repair shops (watches, radio, television, shoe and the like), tailor shops, beauty parlors or barber shops and self-service laundries and dry cleaners;
      (3)   Office-type business related to executive, administrative or professional occupations including medical, veterinary and dental facilities, financial institutions, public utility buildings (not including storage yards) and government buildings;
      (4)   Private clubs, lodge halls, rental halls with or without catering facilities;
      (5)   Funeral homes;
      (6)   Commercial recreation facilities such as a health club, bowling alley, billiard hall, indoor archery range, indoor tennis court, indoor skating rink and the like;
      (7)   Plant material nurseries and other open-air business uses other than motor vehicle and heavy equipment dealers;
      (8)   Office-workshop for a general contractor, electrician, plumber, decorator, upholster, printer or home appliance repair;
      (9)   Business schools or private schools operated for profit. Examples of private schools permitted herein include, but are not limited to, the following:
         (a)   Dance schools;
         (b)   Music and voice schools; and
         (c)   Art studios;
      (10)   Bed and breakfasts in accordance with the requirements of § 150.057(C)(3);
      (11)   Other uses similar to the above uses; and
      (12)   Accessory structures and uses customarily incidental to the above permitted uses.
   (E)   Principal uses permitted subject to special conditions. The following uses shall be permitted by the Planning Commission, subject to the conditions herein imposed for each use.
      (1)   Automobile maintenance facilities providing tires (but not recapping), batteries, mufflers, undercoating, auto glass, reupholstering, wheel balancing, shock absorbers, wheel alignments, and minor motor tune-ups only such as oil changes, subject to the following provisions.
         (a)   One hundred and forty feet of street frontage on the lot proposed for the automobile maintenance facility shall be provided on the principal street serving the facility. The lot shall contain not less than 20,000 square feet of lot area.
         (b)   All buildings shall be set back not less than 40 feet from all street right-of-way lines.
         (c)   Access drives shall be no less than 25 feet from a street intersection (measured from the road right-of-way) or from an adjacent residential zoning district or residential use.
         (d)   Tow trucks (wreckers) and vehicles under repair shall not be stored in the front yard.
         (e)   The parking of vehicles on site shall be limited to those to be serviced within a 72-hour period.
      (2)   Automobile service stations shall be subject to the following provisions.
         (a)   One hundred and forty feet of street frontage on the lot proposed for the auto service station shall be provided on the principal street serving the station. The lot shall contain not less than 20,000 square feet of lot area.
         (b)   All buildings shall be set back not less than 40 feet from all street right-of-way lines.
         (c)   Gasoline pumps, air and water hose stands and other appurtenances (with the exception of canopies in division (d) below) shall be set back not less than 25 feet from all street right-of-way lines.
         (d)   Canopies, for the sheltering of customers while filling their vehicles, shall be set back no less than 15 feet from the street right-of-way lines.
         (e)   Access drives shall be no less than 25 feet from a street intersection (measured from the road right-of-way) or from an adjacent residential zoning district or residential use.
         (f)   All rest rooms shall be accessible from the interior of the gasoline service station.
         (g)   Tow trucks (wreckers) and vehicles under repair shall not be stored in the front yard.
         (h)   The parking of vehicles on site shall be limited to those to be serviced within a 72-hour period.
      (3)   Standard, fast food or drive-in restaurants shall be subject to the following provisions.
         (a)   Vehicular access points shall be located at least 60 feet from the intersection of any two streets.
         (b)   A minimum of ten automobile stacking spaces shall be provided for any drive-through service window.
         (c)   Outdoor dining is permissible upon approval from the Planning Commission. To request approval for outdoor dining, an applicant must submit a site plan depicting: existing uses, existing and proposed structures, the location of the proposed outdoor dining area, the location of proposed furniture or structures, walkways, driveways, roadways and parking. The Planning Commission shall review the site plan, as well as any other information it deems necessary, and grant/or deny a request for outdoor dining if it determines the following conditions have been satisfied and, if approved, operation of outdoor dining is conditioned upon the following being maintained:
            1.   A minimum, unobstructed width of five feet must be permanently maintained for public pedestrian passage on all sidewalk space. Furnishings shall not be placed in a manner that obstructs access to this pedestrian passage.
            2.   No items shall block visibility for required street signs, crosswalks, and intersections.
            3.   Movable racks and furniture will be adequately secured, so that they do not roll or are easily tipped over.
            4.   All building exits and exit pathways must be kept clear.
            5.   All electrical outside must utilize heavy duty extension cords plugged into GFCI receptacles. Cords cannot be in an area subject to damage or creating a trip hazard. Cords cannot be hung overhead by themselves unless supported by other means (e.g. attached to a cable).
            6.   Businesses are responsible for cleaning and maintaining public spaces they use.
            7.   All exterior lighting shall not interfere with adjacent properties or street.
            8.   Noise produced from the outdoor eating area shall not interfere with adjacent properties in any way.
      (4)   Mini-warehouses (self-storage facilities) shall be subject to the following provisions.
         (a)   The minimum lot size shall not be less than one acre.
         (b)   Internal driveway aisles shall be a minimum of 24 feet in width.
         (c)   Separation between self-storage buildings on the same site shall be 15 feet, as measured from side-to-side or front to rear, or equal to the building height, whichever is greater.
         (d)   No single storage building shall exceed 5,000 square feet.
         (e)   Onsite resident manager dwelling unit shall be permitted.
      (5)   Hotels and motels shall be subject to the following provisions.
         (a)   One hundred and forty feet of street frontage on the lot proposed for the hotel or motel shall be provided on the principal street serving the facility. The lot shall contain not less than 20,000 square feet of lot area.
         (b)   All buildings shall be set back not less than 40 feet from all street right-of-way lines.
      (6)   Motor vehicle or heavy equipment dealers with outdoor sales space and/or repair facilities for the sale of new or secondhand automobiles, travel trailers, recreational vehicles, including off-road vehicles or rental trailers shall be subject to the following provisions.
         (a)   The surface of the display area shall be provided with a permanent, durable and dustless surface and shall be graded and drained as to dispose of all storm water accumulated within the area.
         (b)   Any servicing of vehicles including major motor repair and refinishing shall be subject to the following.
            1.   Any such activities shall be clearly incidental to the sale of said vehicles and shall occur within a completely enclosed building.
            2.   Partially dismantled and/or damaged vehicles shall be stored within an enclosed building.
            3.   New, used and/or discarded parts and supplies shall he stored within a completely enclosed building.
            4.   Any such activity shall be located not less than 50 feet from any property line.
      (7)   Vehicle wash establishments shall be subject to the following provisions:
         (a)   Minimum of four stacking spaces shall be provided for individual wash stations at self-service facilities. At automatic facilities, a minimum of ten stacking spaces for the wash entrance;
         (b)   All water run-off from vehicles exiting the facility shall be collected and contained on site; and
      (8)   Accessory buildings and uses customarily incidental to any of the above permitted uses.
   (F)   Required conditions. The following conditions shall apply to all uses established in the C-1, Commercial Overlay District.
      (1)   Maximum gross floor area of any individual business shall not exceed 5,000 square feet and the maximum gross floor area of a planned shopping center shall not exceed 10,000 square feet;
      (2)   Except in the case of a bed and breakfast, business hours shall be restricted to 6:30 a.m. to 11:00 p.m. A use requesting to conduct business outside of this time period may be approved by the City Council, upon recommendation from the Planning Commission, based upon a determination that the use will be compatible with established residential uses and surrounding residential areas.
      (3)   Merchandise may be displayed or stored only within enclosed buildings. The Planning Commission may modify this requirement to permit, during business hours, limited displays immediately adjacent to the building, upon finding the display is customarily found in connection with the nature of the operation or use. The Planning Commission should further find that pedestrian circulation is not impeded along the sidewalk. In no case shall such an outdoor display area occupy more than 40% of the sidewalk measured from the building's face to the curbline of the street;
      (4)   When the use abuts a residential use or district, a six-foot high screening wall shall be provided or a chain fink type fence with a greenbelt so as to obscure all view from the abutting residential property. The Planning Commission shall have discretion to approve the design, materials and appearance of the screening wall;
      (5)   The warehousing or indoor storage of goods and materials, beyond that normally incidental to the above permitted uses, shall be prohibited; and
      (6)   All exterior lighting shall be shielded lighting.
   (G)   Area and bulk requirements. See § 150.059, limiting the height and bulk of buildings, the minimum size of the lots by permitted land use and providing minimum yard setback requirements.
(Ord. 143, passed 3-7-2000; Ord. 180, passed 4-21-2009; Ord. 197, passed 12-15-2015; Ord. 214, passed 5-3-2022; Ord. 221, passed 11-7-2023) Penalty, see § 150.999

§ 150.057 CENTRAL BUSINESS DISTRICT.

   (A)   CBD; Business District. The Central Business District is intended to permit those uses which provide for a variety of retail stores and related activities, for office buildings and service establishments which occupy the traditional core commercial area of the city and which serve the consumer population beyond the corporate boundaries of the city. The District regulations are designed to promote convenient pedestrian shopping and the stability of retail development by encouraging a continuous retail frontage and by discouraging automobile-oriented and non-retail uses that tend to breakup such continuity. The District regulations are also intended to recognize the architectural scale and context of existing central business district buildings.
   (B)   Principal uses permitted. In the Central Business District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided in this chapter:
      (1)   Any generally recognized retail business which supplies commodities on the premises within a completely enclosed building, such as but not limited to, foods, drugs, liquor, furniture, clothing, dry goods, notions or hardware and including discount or variety stores;
      (2)   Any personal service establishment which performs services on the premises within a completely enclosed building, such as but not limited to, the following:
         (a)   Repair shops (watches, radio, television shoe and the like);
         (b)   Tailor shops;
         (c)   Beauty parlors;
         (d)   Barber shops;
         (e)   Interior decorators;
         (f)   Photographers;
         (g)   Dry cleaners; and
         (h)   Tattoo parlor.
      (3)   Standard restaurants and taverns not including any drive-in or drive-through service;
      (4)   Office-type business related to executive, administrative or professional occupations including medical, veterinary and dental facilities, financial institutions, public utility buildings (not including storage yards) and government buildings;
      (5)   Private clubs, lodges and rental halls with or without catering facilities;
      (6)   Theaters, assembly halls and concert halls;
      (7)   Hotels and motels;
      (8)   Bus passenger stations;
      (9)   Other uses which are similar to the above and that are retail or service establishments dealing directly with consumers. The majority of goods produced on the premises shall be sold at retail from premises where produced; and
      (10)   Accessory structures and uses customarily incidental to the above permitted uses.
   (C)   Principal uses permitted subject to special conditions. The following uses shall be permitted subject to the conditions herein imposed for each use.
      (1)   Residential dwelling units. Residential dwelling units within an existing commercial building subject to the following.
         (a)   Dwelling units shall not be located below the second floor.
         (b)   Such two-story buildings shall be located on Main Street between Bordman Road and Potter Street and on Bordman Road.
         (c)   Such residences shall conform to all Ch. 154 requirements in existence on January 1, 1989 and as said code is amended thereafter.
      (2)   Automobile service stations. Automobile service stations are subject to the following provisions.
         (a)   One hundred and forty feet of street frontage on the lot proposed for the auto service station shall be provided on the principal street servicing the station. The lot shall contain not less than 20,000 square feet of lot area.
         (b)   All building shall be set back no less than 40 feet from all street right-of-way lines.
         (c)   Gasoline pumps, air and water hose stands and other appurtenances (with the exception of canopies in division (D) below) shall be set back not less than 25 feet from all street right-of-way lines.
         (d)   Canopies, for the sheltering of customers while filling their vehicles, shall be set back no less than 15 feet from the street right-of-way lines.
         (e)   Access drives shall be no less than 25 feet from a street intersection (measured from the road right-of-way) or from an adjacent residential zoning district.
         (f)   All rest rooms shall be accessible from the interior of the gasoline service station.
         (g)   Tow trucks (wreckers) and vehicles under repair shall not be stored in the front yard.
         (h)   The parking of vehicles on site shall be limited to those to be serviced within a 72-hour period.
      (3)   Bed and breakfast.
         (a)   Licensing and fees. It shall be unlawful for any person to operate a bed and breakfast facility, without first having obtained a business license. The license shall be issued for one year with subsequent license renewal required each year thereafter. The annual fees for such license shall be set by the City Council by resolution from time to time and shall be published in the office of the City Clerk, who, upon receipt of approval by the Planning Commission in the first instance and by the building Inspector thereafter, shall issue a business license at the time of renewal. This division (C)(3)(a) shall not apply to hotels, motels or motor lodges doing business in the city.
         (b)   Dwelling unit and operator requirements. Bed and breakfast facilities shall be confined to the single-family dwelling unit which is the principal dwelling unit on the property. The dwelling unit in which the bed and breakfast facility is to be located shall be the principal residence of the operator, and said operator shall live within said principal residence when bed and breakfast operations are active.
         (c)   Guest register. Each operator shall keep a list of the names of all persons staying at the Bed-and Breakfast operation. The principal guest shall produce proper identification at the time of registration. Such list shall be available for inspection by the Chief of Police, the on-duty officer or the City Clerk at any time.
         (d)   Length of stay. The maximum stay for any occupant of a bed and breakfast operation shall be 14 consecutive days and not more than 60 days in one year.
         (e)   Parking. A bed and breakfast operation shall have one parking space available on site for each room occupied at any time.
         (f)   Public nuisance violations. Bed and breakfast facilities shall not be permitted whenever the operation thereof endangers, offends or interferes with the safety and rights of others so as to constitute a bona fide public nuisance.
         (g)   Fire safety. The operator of a bed and breakfast shall have a fire safety plan including a map on the back of each door clearly showing the closest exit and the location of fire extinguishers. Each sleeping room to be occupied, shall have a working smoke detector alarm installed in accordance with applicable building codes, also in each sleeping room one operations fire extinguisher shall be available for emergency use. These plans and maps shall be submitted to the Fire Chief and he or she must approve said plan before operation begin.
         (h)   Zoning. Bed and breakfast facilities shall only be operated in the proper areas of the city as described in this chapter.
         (i)   Signs and lighting. All signs and lighting shall comply with the this code.
         (j)   Screening. Screening shall be designed, constructed, operated and maintained so as to be compatible with, and properly screened from, adjacent residential uses.
         (k)   Cooking facilities. No separate cooking facilities shall be provided for bed and breakfast guests.
         (l)   Other requirements. All bed and breakfast facilities shall meet all applicable federal and state requirements.
      (4)   Outdoor dining is permissible at dining facilities authorized under this section upon approval from the Planning Commission. To request approval for outdoor dining, an applicant must submit a site plan depicting: existing uses, existing and proposed structures, the location of the proposed outdoor dining area, the location of proposed furniture or structures, walkways, driveways, roadways and parking. The Planning Commission shall review the site plan, as well as any other information it deems necessary, and grant/or deny a request for outdoor dining if it determines the following conditions have been satisfied and, if approved, operation of outdoor dining is conditioned upon the following being maintained:
         (a)   A minimum, unobstructed width of five feet must be permanently maintained for public pedestrian passage on all sidewalk space. Furnishings shall not be placed in a manner that obstructs access to this pedestrian passage.
         (b)   No items shall block visibility for required street signs, crosswalks, and intersections.
         (c)   Movable racks and furniture will be adequately secured, so that they do not roll or are easily tipped over.
         (d)   All building exits and exit pathways must be kept clear.
         (e)   All electrical outside must utilize heavy duty extension cords plugged into GFCI receptacles. Cords cannot be in an area subject to damage or creating a trip hazard. Cords cannot be hung overhead by themselves unless supported by other means (e.g. attached to a cable).
         (f)   Businesses are responsible for cleaning and maintaining public spaces they use.
         (g)   All exterior lighting shall not interfere with adjacent properties or street.
         (h)   Noise produced from the outdoor eating area shall not interfere with adjacent properties in any way.
   (D)   Required conditions. The following conditions shall apply to all uses established in the Central Business District.
      (1)   All business, servicing or processing shall be conducted within completely enclosed buildings, with the exception that limited outdoor (sidewalk) displays may be permitted between the hours of 6:30 a.m. and 10:00 p.m., subject to Planning Commission approval providing that such displays are located adjacent to the business (building) and further providing that pedestrian circulation is not impeded along the sidewalk. In no case shall such an outdoor display area occupy more than 40% of the sidewalk measured from the building’s face to the curb line of the street.
      (2)   When the use abuts a residential use or district, a six-foot high screening wall shall be provided or a chain link type fence with a greenbelt so as to obscure all view from the abutting residential property. The Planning Commission shall have discretion to approve the design, materials and appearance of the screening wall.
      (3)   The warehousing or indoor storage of goods and materials, beyond that normally incidental to the above permitted uses, shall be prohibited.
      (4)   Any exterior lighting shall be shielded lighting.
   (E)   Area and bulk requirements. See § 150.059 limiting the height and bulk of buildings and the minimum size of lots by permitted land use.
(Ord. 143, passed 3-7-2000; Ord. 171, passed 10-7-2008; Ord. 179, passed 4-29-2009; Ord. 210, passed 10-6-2020; Ord. 214, passed 5-3-2022) Penalty, see § 150.999

§ 150.058 LIGHT INDUSTRIAL DISTRICT.

   (A)   Light Industrial Districts preamble. The Light Industrial Districts are designed to primarily accommodate those uses which require large areas, enclosed and open storage and warehousing, wholesale activities, and industrial uses whose external physical effects are to a great extent restricted to the area of the districts.
(1979 Code, § 5.71)
   (B)   Principal permitted uses. In a Light Industrial District, no land or building shall be erected except for one or more of the following specified uses, unless otherwise provided in this section:
      (1)   The manufacture, compounding, processing, packaging or treatment of such products as, but not limited to:
         (a)   Bakery goods;
         (b)   Candy;
         (c)   Cosmetics;
         (d)   Pharmaceuticals;
         (e)   Toiletries;
         (f)   Food products;
         (g)   Hardware; and
         (h)   Cutlery.
      (2)   Tool, die, gauge and machine shops;
      (3)   The manufacture, compounding, assembling or treatment from previously prepared materials such as but not limited to:
         (a)   Canvas;
         (b)   Cloth;
         (c)   Fiber;
         (d)   Glass;
         (e)   Leather;
          (f)   Paper;
         (g)   Plastics;
         (h)   Sheet metal;
         (i)   Wire;
          (j)   Wood; and
         (k)   Textiles.
      (4)   Warehousing and wholesale establishments and trucking facilities;
      (5)   All public utilities, including buildings, necessary structures, storage yards and other related uses;
      (6)   Manufacture, assembly or repair of electrical appliances, signs and light sheet metal products;
      (7)   Lumber and building materials sales and storage;
      (8)   Auto repair stations, including undercoating, bumping and painting conducted within an enclosed building;
      (9)   Junk yards (including used auto storage) provided the area is completely enclosed with either a well-maintained solid fence at least six feet high and 15 feet wide. Not more than two openings 20 feet wide shall be provided in either the fence or greenstrip;
      (10)   Accessory buildings and uses customarily incidental to any of the above permitted uses;
      (11)   Other uses which, in the determination of the Board of Appeals, are of a similar character to the above uses; and
      (12)   Those uses permitted by § 150.055 unless otherwise prohibited by this section.
(1979 Code, § 5.72)
   (C)   Area and bulk requirements. See § 150.059, limiting the height and bulk of buildings and the minimum size of lots by permitted land uses.
(1979 Code, § 5.73)
(Ord. 62, passed 5-16-1978; Ord. 106, passed 11-6-1990)

§ 150.059 LIMITING HEIGHT, BULK, DENSITY AND AREA BY LAND USE.

   (A)   Schedule of regulations.
Zoning
Districts
Minimum Lot Size Per Unit
Maximum Percent of Lot Area Covered by All Buildings
Maximum Height of Structures
Minimum Yard Setback Per Lot in Feet
Minimum Floor Area per Square Foot
Area in Feet
Width in Feet
In Stories
In Feet
Sides
Front
Least
Total of Two
Rear
Zoning
Districts
Minimum Lot Size Per Unit
Maximum Percent of Lot Area Covered by All Buildings
Maximum Height of Structures
Minimum Yard Setback Per Lot in Feet
Minimum Floor Area per Square Foot
Area in Feet
Width in Feet
In Stories
In Feet
Sides
Front
Least
Total of Two
Rear
C-1: Commercial Overlay
20,000 sq. ft.
60
50%
2(11)
35 (11)
25
10 (12)
(12)
30
None
CBD: Central Business District Commercial
—
20
100%
3(11)
60 (11)
0
(12)
(12)
(13)
None
L-1: Light Industrial
—
—
(10)
2
30 (11)
30
(15)
(14) (15)
(15), (16)
None
MH: Mobile Home
(7)
(8)
30%
2
25
(9)
(9)
(9)
(9)
480
R-1A: One-Family Residential
9,000 (1)
75
30%
2
25
25
5(2)
15
35
900(3)
R-1B:
One-Family Residential
7,200 (1)
60
30%
2
25
25
4(2)
12
35
720(3)
RM: Multiple-Family Residential
(4)
—
(4)
2
25
25(5)
10(5)
20(5)
30(5)
(6)
NOTE TO TABLE: See division (B) for notes
 
(1979 Code, § 5.81)
   (B)   Additional regulations.
      (1)   In those instances where public sewers are not provided, all lot areas per dwelling unit shall equal at least 12,000 square feet.
      (2)   The side yard abutting upon a street shall not be less than ten feet where there is a common rear yard relationship in said block and a common side yard relationship with the block directly across the common separating street. In the case of a rear yard abutting a side yard of an adjacent lot, or when said side yard abuts on frontages across a common street, the side yard abutting a street shall not be less than the required front yard of the district.
      (3)   The minimum floor area per dwelling unit shall not include area of basements, unfinished attics, attached garages, breezeways and enclosed or unenclosed porches.
      (4)   The total number of rooms in a multiple-dwelling structure of two stories or less shall not be more than the area of the parcel, in square feet, divided by 700. No multiple-dwelling structure shall be erected on a lot or parcel of land which has an area of less than 9,600 square feet or has a width of less than 80 feet. The total number of rooms in a multiple-dwelling structure of over two stories shall not be more than the area of the parcel in square feet, divided by 400. For the purpose of computing rooms, the following shall control.
 
Unit
Rooms; Measurements
Efficiency apartment unity
Two rooms and a minimum of 300 sq. ft. of floor area per unit
One-bedroom unit
Three rooms and a minimum of 450 sq. ft. of floor area per unit
Two-bedroom unit
Four rooms and a minimum of 600 sq. ft. of floor area per unit
Over two-bedroom unit
Four rooms and a minimum floor area of 600 sq. ft. plus 150 sq. ft. for each room in excess of 4 rooms permitted in a 2 bedroom unit
 
      (5)   (a)   Every lot on which a multiple-dwelling structure of two stories or less is erected shall be provided with a side yard on each side of such lot. Each side yard shall be increased by one foot for each ten feet or part thereof 40 feet in overall dimension along the adjoining lot line. In order to preserve the open character of the district, structures shall be limited in length to 125 feet. Any court shall have a width equal to not less than 50 feet for the front yard and 70 feet for the rear yard. The depth of any court shall not be greater than three times the width. For the purpose of said yard regulations, multiple dwellings shall be considered as one building occupying one lot.
         (b)   For the purpose of yard regulations, multiple-family dwellings shall be considered as one building occupying one lot. Front, side and rear yards relating to spacing between buildings within multiple-family developments shall have the following minimum overall dimensions.
 
Building Relationship
Overall Distance Between Buildings
(Exclusive of Parking Areas)
Front to front
50 ft.
Front to rear
55 ft.
Rear to rear
50 ft.
Rear to side
60 ft.
Side to side
20 ft.
 
         (c)   Parking may be permitted in 50% of the required rear yard provided that there shall be 15 feet of yard space between said parking area and the multiple-family building. The front and rear of the multiple-family building shall be considered to be the faces along the longest dimension of said building. The front on the multiple-family building shall be considered to be the direction faced by the living rooms of the dwelling units in said building. The rear of the multiple-family building shall be considered to be the direction faced by the kitchen and/or service entrance of the dwelling units in said building. The side of the multiple-family building shall be considered to be the face along the narrowest dimension of said building.
      (6)   See the definition for apartment under § 150.001. All row houses, terraces and other such multiple type structures shall comply with the floor area requirements in division (B)(1) above.
      (7)   Each mobile home (trailer coach) site or lot shall have a minimum area of 4,000 square feet.
      (8)   Each mobile home (trailer coach) site or lot shall have a minimum width of 40 feet.
      (9)   The sum of the side yards at the entry side and non-entry side of the mobile home (trailer coach) stand shall not be less than 20 feet; provided, however, there shall be a side yard of not less than 15 feet at the entry side of the mobile home (trailer coach) stand and a side yard of not less than five feet at the non-entry side. There shall be a rear yard of not less than five feet and a front yard of not less than ten feet.
      (10)   The maximum percentage of coverage shall be determined by the use and the provisions of required off-street parking, loading and unloading and required yards.
      (11)   The Board of Appeals, after public hearing, may modify height regulations. In approving an increase in structure height, the Board of Appeals shall require that all yards shall at least be equal in depth to the height of the structure.
      (12)   No side yards are required along the interior side lot lines, except as otherwise specified in Ch. 154. On the exterior side yard which borders on a residential district there shall be provided a setback of not less than ten feet on the side or residential street. If walls or structures facing such interior side lot lines contain windows or other openings, a side yard of not less than ten feet shall be provided.
      (13)   Loading space shall be provided in the rear yard in the ratio of at least ten square feet per front foot of building and shall be computed separately from the off-street parking requirements. Where an alley exists or is provided at the rear of the buildings, the rear building setback and loading requirements may be computed from the centerline of said alley.
      (14)   Side yards abutting upon a street and across from other I-1 Districts shall be provided with a setback of at least 20 feet.
      (15)   No building shall be closer than 50 feet to the perimeter (property line) of such district when said property line abuts any residential district.
      (16)   All storage shall be in the rear yard and shall be completely screened with an obscuring wall or fence, not less than six feet high or with a chain link type fence and a greenbelt planting so as to obscure all view from any adjacent residential district or public street.
      (17)   These sections are applicable to condominium projects. The definitions relating to condominiums found in §§ 150.105 through 150.114, shall be employed in providing reasonable application of these regulations to condominium projects.
(1979 Code, § 5.82)
(Ord. 146, passed 11-8-2000; Ord. 157, passed 3-18-2003; Ord. 197, passed 12-15-2015)

§ 150.060 PRIVATE WIND ENERGY SYSTEMS.

   (A)   Private wind energy conversion systems, or WECSs, consisting of a wind turbine, tower and/or associated control or conversation electronics, are only permitted within a residential zone in the city and subject to the following conditions.
      (1)   WECSs require a city building permit and must comply with all applicable construction and electrical codes and manufacturer specifications. A building permit requires the payment of the applicable permit fee, the submission of detailed engineered plans for the installation and operation of the WECS and approval by the City Building Official. A permit will expire and require renewal if the WECS is not installed within 12 months after the date the permit is issued.
      (2)   WECSs are only permitted as an accessory structure to a primary building.
      (3)   All WECSs must have a rated capacity of less than 60kws of rated nameplate capacity.
      (4)   WECSs which include a tower require a minimum lot size of one acre and shall be limited to one WECS per occupied residential lot. The city may issue a permit for the installation of more than one WECS per lot and/or for the installation of a WECS on a smaller lot in the case of a WECS that does not require a tower.
      (5)   The wind turbine for a WECS which requires a tower shall be set back a minimum distance equal to the height of the WECS plus 10% of the wind turbine from all adjoining property lines, overhead utility lines and public or private road rights-of-way.
      (6)   The use of guy wires is strictly prohibited.
      (7)   The total height of a WECS (measured from the ground to the tip of the turbine blade at its highest point) shall not exceed 90 feet.
      (8)   WECSs must maintain a minimum ground clearance as specified by the manufacturer and approved by the City Building Official.
      (9)   WECSs shall not generate more than 55 decibels of noise at the property line nor more than five decibels of noise above the ambient noise level at the exterior of the neighboring dwelling. These noise levels may only be exceeded during unanticipated and short term events such as utility outages or severe wind storms.
      (10)   WECSs shall be constructed or permanently treated with non-reflective and corrosion resistant materials, shall be comprised of only neutral/non-obtrusive colors such as matte, white or grey, and shall be maintained in good condition at all times.
      (11)   WECSs shall not be illuminated and no light(s) shall be mounted or installed on any portion thereof.
      (12)   WECSs shall be installed to prevent unauthorized access. WECS towers shall not have steps or similar climbing devices for a minimum of eight feet above the ground.
      (13)   The engineered plans for the installation of a WECS shall include the electrical details showing compliance with the National Electrical Code, grounding requirements for any related tower structures and the requirements for connecting to electric or secondary power sources.
      (14)   WECSs must comply with all applicable federal, state and local laws, rules and regulations, including all applicable FAA and FCC regulations, the State Airport Zoning Act and the State Tall Structure Act.
      (15)   WECSs to be connected to a public utility power source require the written agreement of the utility company prior to being connected and must comply with any applicable federal and state regulatory and interconnection requirements.
      (16)   A WECS which is abandoned as a result of extended non-use and/or a failure to maintain in good condition shall be repaired or dismantled and removed by the property owner upon written notification by the city. In the event the owner fails to immediately repair an unsafe condition or fails to repair or dismantle and remove an otherwise abandoned WECS within 30 days after written notice, the city may cause the repair or dismantle and removal of the WECS and the expense thereof to be charged against the premises and the owner thereof and collected as a special assessment against said premises or by an action at law.
   (B)   As a condition of approval for the installation of a WECS, a property agrees to allow the city and its employees and agents to enter his or her property for the purpose of inspecting the WECS and to enforce the terms of this section.
(Ord. 182, passed 10-20-2009) Penalty, see § 150.999

§ 150.061 OPEN-AIR MARKETS.

   (A)   Permits.
      (1)   A special permit may be issued at the city’s discretion for a seasonal open-air market of produce and arts and crafts, with a minimum of 50% retail sales of locally grown fruits, vegetables, plants, flowers, locally raised meats and cheeses, honey, maple syrup, baked goods and state made crafts, sales of lawn furniture and garden supplies in which space may be rented, provided that the operation of such market shall be subject to the license fee as determined by Council.
      (2)   The operation of such a market is limited to the Central Business District and the adjacent Industrial District, no more than three days in a week, and must be held in an orderly manner to protect adjoining property and provide for the safety of the community.
      (3)   No more than two such permits may be issued in the district within a calendar year and will be issued on a first come, first serve basis, effective January 1 of each year.
   (B)   License fee. An application for a permit for the maintenance and operation of an open-air market shall be made to the Planning Commission stating the proposed location of said market and, upon approval a payment of an annual license fee, shall be made to the City Clerk for the issuance of a permit therefore.
   (C)   Hours. Market will not open prior to 7:00 a.m. or stay open after 10:00 p.m.
   (D)   Market organizer responsibilities. The market organizer’s responsibilities include the following.
      (1)   Market organizers and managers must provide a designated vendor parking area that does not impede or absorb public parking.
      (2)   Market organizers and managers will ensure each vendor is responsible for keeping the market space clean, attractive and contained within designated area. Upon closing of the market, trash is to be removed from the market site and any adjoining properties it has impacted.
      (3)   Market organizers must ensure the market is held in an orderly manner to protect public right-of-way, adjoining property and provide for the safety of the community.
   (E)   City responsibilities. If the decision is made to change market rules, current participating market operators will be given a seven-day notice prior to the new rules taking effect.
   (F)   Termination of open-air market permit. The following may be grounds for termination of the open-air market permit without refund of fees:
      (1)   Violation of federal, state and/or local laws;
      (2)   The selling of prohibited items; and
      (3)   Failure to maintain space upkeep and cleanliness.
(Ord. 193, passed 8-1-2012)

§ 150.062 NON-RESIDENTIAL HISTORICAL BUILDING DESIGNATION REQUIREMENTS.

   (A)   The requirements are as follows for non-residential buildings.
      (1)   A building within the city may be considered to be historical by the city if:
         (a)   The building was constructed/occupied by a person of exceptional historical significance;
         (b)   The building was used 60 or more years ago for a purpose that had exceptional historical significance; or
         (c)   All of the exterior architecture has existed for 80 or more years without noticeable change from its appearance 80 years ago. Exterior architecture involves the placement and size of openings (doors, windows, and the like) in the exterior walls of the building. It also involves the materials with which the outside surfaces of the building are constructed, and the shape and size of the building.
      (2)   To qualify under division (A)(1)(a), the following requirement must be met: the person must be responsible for a recognized achievement within the area of residency (local) or, outside the area of residency (state, national, or world).
      (3)   To qualify under division (A)(1)(b), the following requirement must be met: within the building something was conceived, constructed, or invented that contributed to society, industry, or science.
      (4)   To qualify under division (A)(1)(c), following requirements must be met:
         (a)   Windows and doors must appear to be in the same location and size as existed in the original construction 80 or more years ago. An exception is allowed if a variance is required to comply with present building codes.
         (b)   The exterior architecture of the building must be constructed of the original type material, or in the case of maintenance, the exterior architectural material used must be the same as material that existed 80 years earlier, and be in keeping with the original appearance of 80 or more years ago. An exception is made for the windows, doors, and roofing material. Windows and doors must be of the same general appearance as the windows and doors that existed on the building 80 years ago but may be of different materials and construction. Roofing materials may be of a newer design but should complement the exterior wall architectural appearance if the roof is visible from the street elevation.
         (c)   The size and shape of the exterior of the structure must be essentially the same as existed 80 or more years ago.
         (d)   Changes to the exterior of the building required to support essential interior components shall be allowed; for example, a chimney to support a modern interior furnace, exterior features to support interior air conditioning, and the like.
         (e)   Addition of a handicap feature on the exterior of the building required by the building code shall be permitted.
         (f)   If a building has had several exterior construction actions (additions or framing revisions) over the years, each construction must have happened 80 years ago or more.
   (B)   Future actions by the city. The above requirements may be modified and/or added to by the city at a future time. Buildings which have been granted a historical designation by the city may not lose their designation because of revisions to the requirements. If a building, having previously received a historical designation under division (A)(1)(c) above, is modified in its outward appearance in the judgement of the city, the city may withdraw the previously awarded historical designation.
(Ord. 203, passed 7-3-2018)

§ 150.063 SWIMMING POOLS AND HOT TUBS.

   Private swimming pools, hot tubs, and similar facilities constructed in, on, or above the ground shall be permitted as an accessory in all zoning districts subject to the following.
   (A)   Exemption. The standards of this section shall not apply to permanent above or below ground swimming pools, wading pools, and portable pools with a diameter of less than 12 feet, a water surface area of less than 100 square feet, and a maximum water depth of less than two feet.
   (B)   All pools above ground or below ground and all hot tubs and spas are required to be protected with appropriate electrical devices such as GFCI's.
   (C)   Any pools connected directly to or having access from the home directly to the pool shall have an audible alarm on the doors that exit to the pool area.
   (D)   Private outdoor swimming pools, hot tubs, and similar facilities shall have the following.
      (1)   Yard limitations. The pool, hot tub, or similar facility shall be located in the rear yard.
      (2)   Setback requirements.
         (a)   Ten feet horizontally from the water's edge to all side and rear lot boundaries, and to the exterior wall of any adjacent principal building;
         (b)   Ten feet horizontally from the water's edge to any overhead electrical, cable, or telephone wires; and five feet horizontally to any underground utility leads or conduits, except for parts of the swimming pool system;
         (c)   Twenty-five feet horizontally from the water's edge to any water well, and ten feet horizontally to any septic tank, tile field, or other treatment facility, unless the County Health Department approves a shorter distance; and
         (d)   Three feet horizontally from the water's edge to any dedicated easement or right-of-way.
      (3)   Secured enclosure. To prevent unauthorized access and protect the general public, the pool, hot tub, or similar facility shall be secured and completely enclosed by a minimum four-foot and maximum six-foot high fence with a self closing and latching gate, subject to the following:
         (a)   Above-ground swimming pools with an overall height above grade of less than four feet shall be enclosed with an integral fence securely attached to the top rail of the swimming pool, provided that any ladder or steps shall be retractable or removable;
         (b)   Hot tubs and similar facilities may be secured with a lockable cover as an alternative to the fencing requirement; and
         (c)   The Building Official may waive the requirement for an enclosure around the pool area upon determining that the entire yard area is adequately fenced and secured against unauthorized access.
      (4)   Other requirements. Construction or alterations shall be subject to approval of a zoning permit and shall comply with all applicable provisions of the State Construction Code enforced by the city.
(Ord. 201, passed 5-15-2018)

§ 150.075 FENCES.

   (A)   Regulations governing the installation and replacement of fences in the city shall be established to protect and promote the public health, welfare and safety and the installation, erection and/or maintenance of a fence is hereby prohibited except in strict compliance with the requirements, herein.
   (B)   A permit to be issued by the Building Department shall be obtained prior to installation or erection of any fence within the corporate limits of the city. The application for a permit shall be accompanied by a general plan showing the location of the proposed fence and a written statement setting forth the type and manner of construction contemplated and materials to be used, along with such permit fee as may be prescribed by resolution of the City Council. If the work authorized under a fence permit has not been completed within six months of the date of issuance, said permit shall become null and void. The filing fee(s) for a fence permit shall be as presently established or as hereafter amended by resolution of the City Council.
(Ord. 163, passed 2-15-2005) Penalty, see § 150.999

§ 150.076 DEFINITION.

   For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   FENCE. Any wall, barrier, screen or other structure installed for the purpose of separating, screening, obscuring or protecting property, with an appearance that is esthetically compatible with the type of fence it represents. For example only, a so called rustic or stockade type fence shall be treated and/or maintained in a manner to represent the best appearance of that type of fence.
(Ord. 163, passed 2-15-2005)

§ 150.077 APPLICABILITY.

   (A)   General standards. The standards for fences contained herein shall apply to all fences installed or replaced in the city before or after the effective date of the ordinance from which this subchapter derives, as amended, subject only to those exceptions set forth below.
   (B)   Exceptions. This subchapter shall not apply to fences installed or replaced as follows:
      (1)   In accordance with a site plan approved under this subchapter; or
      (2)   As a swimming pool safety device.
(Ord. 163, passed 2-15-2005)

§ 150.078 STANDARDS FOR FENCES.

   Only those fences which meet all of the following standards shall be allowed.
   (A)   Location. All fences must be located entirely on the private property of the person constructing the fence, except that if the adjoining property owner(s) consent in writing to the construction of a fence on the property line, it may be so constructed. Such written consent shall be filed with the application for a permit. In the case of adjoining properties, only one fence between the two properties may be erected.
   (B)   Height. Fences on all lots of records, in all residential districts which enclose property, and/or are within a required side or rear yard, shall not exceed five feet in height, measured from normal grade, however, privacy fences not exceeding a height of six feet shall also be allowed. Fences on all lots of records in all residential districts shall not extend beyond the front of the house. Decorative fences shall be permitted in a front yard where they do not exceed 42 inches above grade.
   (C)   Materials.
      (1)   Fences on lots of record shall not contain barbed wire, spikes, nails or other sharp point instruments of any kind, electric current or charge of electricity, except that barbed wire may be place on top of fences in nonresidential districts to enclose open storage areas or utility buildings or stations and shall consist of no more than three strands of wire and shall overhang into the property which it is to protect.
      (2)   All fences in areas zoned or used for business, office or commercial purposes shall be of an ornamental type and shall not be more than six feet in height above the normal grade. Fences shall not obstruct vision to an extent greater than 25% of their total area.
      (3)   All fences in areas zoned or used for industrial purposes shall not exceed eight feet in height above normal grade. Fences shall not obstruct vision to an extent greater than 25% of their total area.
      (4)   Fences shall consist only of naturally durable or No. 1 grade pressure treated wood, chain link, woven or welded wire (galvanized or protective coating), wrought iron, picket type, brick, masonry, stone or plastic composite.
   (D)   Chain link slats. Chain link fences may be supplemented with woven metal (e.g., aluminum, galvanized or other metal with protective coating) insertable slats, excluding plastic interwoven weave designs.
   (E)   Used materials. No used materials (not including rock and brick) shall be used as fence material.
   (F)   Proper installation and maintenance. 
      (1)   All fences shall be constructed of a minimum of the following:
         (a)   Two-inch iron pipe;
         (b)   Two-inch angle iron;
         (c)   Four-inch wooden posts;
         (d)   Four-inch reinforced concrete posts; or
         (e)   Any other member having equal stability.
      (2)   All posts shall be sunk in the soil to a depth of at least three feet.
   (G)   Defects. 
      (1)   Fences shall be installed and maintained free from defects, safety hazards, and collapse, and shall be kept in good repair. No sights, words, letters, images or illustrations, except for those signs required for businesses or precautionary measure may be painted or otherwise affixed to fences.
      (2)   Any fence which, through lack of repair, type of construction or otherwise, endangers life or property is hereby deemed a nuisance. The Building Department shall notify the owner, agent or person in control of the property on which such fence is located of the existence of such nuisance and specify the required repairs or modifications to be made to render the fence safe or require that the unsafe fence, or any portion thereof, to be moved and shall provide a time limiting such repairs, modifications or removal.
      (3)   All fences shall be constructed in such a manner that all structural members, including braces, posts, poles and other projections, shall be on the interior side of the fence.
   (H)   Responsibility. The city shall not be responsible for the enforcement of any agreements relative to the mutual or separate payments of the cost of installation, maintenance or repair of fences. The city shall not be responsible for the determination of the location of any fence to be erected on a lot line.
   (I)   Obstruction of view. No fences, walls, hedges, bushes, shrubs, trees or plantings shall be erected, planted, maintained or permitted near any street intersection or at the entrance to any public or private driveway so as to obstruct the view of operator of vehicles and pedestrians approaching such intersection or entrance, to the impairment of the safe operation of such vehicles and the safety of the general public.
   (J)   Distance of sidewalk. No fences, walls, retaining walls, hedges, bushes shrubs, tree or planting shall be erected, planted, maintained or permitted within one foot of the inner edge of any existing sidewalk.
   (K)   Corner clearance. The corner clearance requirements of this subchapter shall be observed.
(Ord. 163, passed 2-15-2005) Penalty, see § 150.999

§ 150.079 VARIANCES, HARDSHIP CASES AND APPEAL.

   (A)   In cases where the requirements of this subchapter would be a hardship on the property owner, or where the particular circumstances and condition so the property involved, or where the type offence contemplated by the general provisions of this subchapter would not adequately and reasonably fit the purpose intended by a fence in the location contemplated, the Building Department may issue a special permit designed to accommodate all reasonable circumstances; provided, however, no permit in variance of the express terms of this subchapter shall be issued where the fence would create a hazard to the public health, safety and welfare of the inhabitants of the city. In any such case, the Building Department may refer the matter to the Zoning Board of Appeals for its determination.
   (B)   If the property owner is aggrieved by the decision of the Building Department, such person may appeal to the Zoning Board of Appeals for a waiver of such requirements as the owner deems necessary for his or her property and the Board of Appeals shall review the matter and make such decision as it finds necessary and appropriate consistent with the public health, safety and welfare of the city.
(Ord. 163, passed 2-15-2005)

§ 150.090 GENERAL PARKING REQUIREMENTS.

   (A)   There shall be provided in all districts at the time of the erection, enlargement or alteration of any main building or structure or any change in use (including new businesses) of any main building or structure automobile off-street parking space with adequate access to all spaces. 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, except that the off-street parking requirements of this section shall not be applicable to property located on Main Street between Bordman Road and Potter Street, to any commercially zoned property located on Bordman Road, to any property on the north side of West Potter Street east of, and including, 34857 Potter Street, nor any property on the south side of West Bordman east of, and including, 34860 Bordman Road.
   (B)   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 off-street parking lot. Ownership shall be shown of all lots or parcels intended for use as parking by the applicant.
   (C)   Residential off-street parking spaces shall consist of a parking strip, parking bay, driveway, garage, or combination thereof, and shall be located on the premises they are intended to serve, and subject to the provisions of § 150.004.
   (D)   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.
   (E)   Off-street parking existing at the effective date of this subchapter 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 use.
   (F)   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.
   (G)   In the instance of dual function of off-street parking spaces where operation hours of buildings do not overlap, the Planning Commission may grant an exception.
   (H)   The storage of merchandise, motor vehicles for sale, trucks or the repair of vehicles is prohibited.
   (I)   For those uses not specifically mentioned, the requirements for off-street parking facilities shall be in accord with a use which is similar in type.
   (J)   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 one-half shall require one parking space.
   (K)   For the purpose of computing the number of parking spaces required, the definition of useable floor area in § 150.001 shall govern.
(1979 Code, § 5.103) Penalty, see § 150.999

§ 150.091 SCHEDULE.

   (A)   Residential.
 
Use
Number of Minimum Parking Spaces per Unit of Measure
Housing for the elderly
1 space for each 2 units; should units revert to general occupancy, then 2 spaces per unit
Residential; one-family and two-family
2 for each dwelling unit
Residential; multiple-family
2 for each dwelling unit
Trailer court
1-1/4 for each trailer site
 
   (B)    Institutional.
Use
Number of Minimum Parking Spaces per Unit of Measure
Use
Number of Minimum Parking Spaces per Unit of Measure
Churches or temples
1 for each 3 seats or 6 ft. of pews in the main unit of worship
Elementary and junior high schools
1 for each 1 teacher, employee or administrator in addition to the requirements of the auditorium
Fraternity or sorority
1 for each 5 permitted active members
High schools
1 for each 1 teacher, employee or administrator and 1 for each 10 students in addition to the requirements of the auditorium
Homes for the aged and convalescent homes
1 for each 2 beds
Hospitals
1 for each 1 bed
Private clubs or lodges
1 for each 3 persons allowed within the maximum occupancy load as established by the Fire Marshal
Stadium and sports arena or similar outdoor place of assembly
1 for each 3 seats or 6 ft. of benches
Theaters and auditoriums
1 for each 3 seats plus 1 for each 2 employees
 
   (C)   Commercial.
Use
Number of Minimum Parking Spaces per Unit of Measure
Use
Number of Minimum Parking Spaces per Unit of Measure
Auto wash
1 for each 1 employee in addition to adequate waiting space for autos shall be provided on the premises
Automobile service stations
2 for each lubrication stall, rack or pit and 1 for each gasoline pump
Beauty parlor or barber shop
3 spaces for each of the first 2 chairs and 1-1/2 spaces for each addition chair
Bowling alleys
5 for each 1 bowling lane
Dance halls, roller rinks, exhibition halls and assembly halls without fixed seats
1 for each 3 persons allowed within the maximum occupancy load as established by the Fire Marshal
Establishments for the sale and consumption, on the premises of beverages, food or refreshments
1 for each 100 sq. ft. of usable floor area
Furniture and appliance, household equipment repair shops, showroom of a plumber, electrician or similar trade, shoe repair and other similar uses
1 for each 800 sq. ft. of usable floor area used in processing, 1 additional space shall be provided for each 2 persons employed therein
Laundromats and coin-operated dry cleaners
1 for each 2 machines
Miniature golf course
1 space per hole plus 3 spaces for employees
Mortuary establishments
1 for each 50 sq. ft. of assembly room usable floor space, parlors and slumber rooms
Motel, hotel or other commercial lodging
1 for each rental unit plus 3 additional spaces for management and/or service personnel
Motor vehicle sales and service establishments
1 for each 200 sq. ft. of usable floor area sales room and 1 for each auto service stall in the service room
Pool hall or club
1 for each 3 persons allowed within the minimum occupancy load as established by the Fire Marshal
Retail stores except as otherwise specified herein
1 for each 150 sq. ft. of usable floor area
 
   (D)   Offices.
 
Use
Number of Minimum Parking Spaces per Unit of Measure
Banks
1 for each 100 sq. ft. of usable floor area
Business office or professional offices except as indicated below
1 for 300 sq. ft. of usable floor area
Professional offices of doctor, dentists or similar professional
1 for each 100 sq. ft. of usable floor area in waiting room and 1 for each examining room, dental chair or similar use area
 
   (E)   Industrial.
 
Use
Number of Minimum Parking Spaces per Unit of Measure
Industrial or research establishments
5 plus 1 for every 1-1/2 employees in the largest working shift or 1 for every 1,700 sq. ft. of usable floor space, whichever is greater
 
(1979 Code, § 5.105)

§ 150.092 OFF-STREET PARKING.

   (A)   Wherever the off-street parking requirements in this section or § 150.091 require the building of an off-street parking facility, such off-street parking lots shall be laid out, constructed and maintained in accordance with the following standards and regulations.
      (1)   No parking lot shall be constructed unless and until a permit therefore is issued by the Building Inspector. Applications for a permit shall be submitted to the Building Inspector in such form as may be determined by the Building Inspector and shall be accompanied with two sets of plans for the development and construction of the parking lot showing that the provisions of this section will be fully complied with.
      (2)   Plans for the layout of off-street parking facilities shall be in accordance with the following minimum requirements.
 
Parking Pattern
Maneuvering Lane Width
Parking Space Width
Parking Space Length
0-degree (parallel parking)
12 ft.
8 ft.
23 ft.
30-degree to 53-degree
12 ft.
8 ft. 6 in.
20 ft.
54-degree to 74-degree
15 ft.
8 ft 6 in.
20 ft.
75-degree to 90-degree
25 ft.
9 ft.
20 ft.
 
 
Parking Pattern
Total Width of One Tier of Spaces Plus Maneuvering Lane
Total Width of Two Tiers of Spaces Plus Maneuvering Lane
0-degree (parallel parking)
20 ft.
28 ft.
30-degree to 53 degree
32 ft.
52 ft.
54-degree to 74 degree
36 ft. 6 in.
58 ft.
75-degree to 90 degree
40 ft.
60 ft.
 
      (3)   All spaces shall be provided adequate access by means of maneuvering lanes. Backing directly into a street shall be prohibited.
      (4)   (a)   Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for all vehicles.
         (b)   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.
      (5)   All maneuvering lane widths shall permit one-way traffic movement, except that the 90 degrees pattern may permit two-way movement.
      (6)   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 in distance from any adjacent property located in any single-family residential district.
      (7)   The off-street parking area shall be provided with a continuous and obscuring masonry or brick wall or a wall of other acceptable opaque material approved by the Planning Commission, not less than four feet six inches in height measured from the surface of the parking area. When a front yard setback is required, all land between said wall and the property line or street right-of-way line shall be kept free from refuse and debris and shall be landscaped and maintained in a healthy, neat condition and orderly in appearance.
      (8)   All such parking areas including lanes and spaces shall be hard-surfaced with a pavement having an asphalt or concrete binder and shall be graded and drained so as to dispose of surface water. No surface water shall be permitted to drain into adjoining property.
      (9)   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.
      (10)   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 ten feet from such alley line in order to permit a wider means of access to the parking area.
   (B)   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.
(1979 Code, § 5.105) Penalty, see § 150.999

§ 150.093 OFF-STREET LOADING AND UNLOADING.

   (A)   On the same premises with every building, structure or part thereof, involving the receipt or distribution of vehicles or materials or merchandise, 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 streets or alleys. Such space shall be provided as follows.
   (B)   (1)   All spaces in the C-1, Commercial Overlay District shall be provided in the ratio required in the table within division (2) below. Such off-street loading and unloading space shall be provided within the rear yard.
      (2)   All spaces in the I districts shall be laid out in the dimension of at least ten 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 pavement having an asphaltic or Portland cement binder so as to provide a permanent durable and dustless surface. All spaces in I Districts shall be provided in the following ratio of spaces to usable floor area.
 
Gross Floor Area in Square Feet
Loading an Unloading Spaces Required in Terms of Square Feet of Usable Floor Area
0 - 1,400
None
1,400 - 20,000
1 space
20,000 - 100,000
1 space plus 1 space for each 20,000 sq. ft. in excess of 20,001 sq. ft.
100,001 - 500,000
5 spaces plus 1 space for each 40,000 sq. ft. in excess of 100,001 sq. ft.
 
(1979 Code, § 5.106)
(Ord. 62, passed 5-16-1978; Ord. 125, passed 6-4-1996; Ord. 197, passed 12-15-2015)

§ 150.105 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AS-BUILT SURVEY. A drawing reflecting the results of a survey of the completed project, as approved, showing all improvements and structures.
   BUILDING ENVELOPE. The ground area occupied or which may be occupied by the principal structure, together with any attached accessory structures, (e.g., house and attached garage), which is, or is intended to be, placed on a building site.
   BUILDING FOOTPRINT. An outline of the size and shape of the structure as it meets the land.
   BUILDING SITE. The condominium unit location.
   CITY or CITY COUNCIL. The City of Memphis or Memphis City Council.
   CONDOMINIUM. A system of separate ownership of individual units in multi-unit projects created according to Public Act 59 of 1978,being M.C.L.A. §§ 559.101 through 559.276, as amended. In addition to the interest acquired in a particular unit, each unit owner is also a tenant in common in the underlying fee and in the spaces and building parts used in common by all the unit owners.
   CONDOMINIUM ACT. The Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.276, as amended.
   CONDOMINIUM PROJECT or PROJECT. A plan or project consisting of not less than two condominium units established in conformance with the Condominium Act. A CONDOMINIUM PROJECT may consist of multiple-family structures (traditional) or single-family homes (site condominium) or nonresidential structures (non-residential site condominiums).
   CONDOMINIUM SUBDIVISION. A subdivision where there is no division of land, no platting of the land under the State Subdivision Control Act of 1967, Public Act 288 of 1967 being §§ 560.101 through 560.293, as amended, and where the land is owned by the association of co-owners.
   CONDOMINIUM SUBDIVISION PLAN. The drawings and information prepared pursuant to § 66 of the Condominium Act.
   CONDOMINIUM UNIT. The portion of the condominium project designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, used as a time-share unit or any other type of use.
   CONSOLIDATING MASTER DEED. The final amended master deed for a contractible condominium project, an expandable condominium project or a condominium project containing convertible land or convertible space, which final amended master deed fully describes the condominium project as completed.
   CONTRACTIBLE CONDOMINIUM. A condominium project from which any portion of the submitted land or buildings may be withdrawn in accordance with Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.276, as amended.
   CONVERSION CONDOMINIUM. A condominium project containing condominium units some or all of which were occupied before the filing of a notice of taking reservations under § 71 of the Condominium Act.
   CONVERTIBLE AREA. A unit or a portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units or general or limited common elements may be created in accordance with the Condominium Act.
   CONVEY. To transfer ownership of or title to such structures to the city as public structures.
   DEDICATE. To set apart for a special use by the public of such structures, facilities or conveniences and the like.
   DIAMETER AT BREAST HEIGHT or D.B.H. The diameter in inches of an existing tree measured at four and one-half feet above the existing grade.
   EASEMENT. A right of a person, government agency or utility company to use public or private land owned by another for a specific purpose. A grant of one or more of the property rights by the owner(s) to or for the use by, the public, a corporation or another person or entity.
   EQUIVALENT WORD, TERM. Those words and terms and phrases in this chapter which correspond to that word, term or phrase set forth in this definition section.
   EXPANDABLE CONDOMINIUM. A condominium project to which additional land may be added in accordance with the Condominium Act.
   FRONT SURROGATE LOT LINE. An imaginary line or real front lot line which is superimposed on the front right-of-way line and extends the full distance between the surrogate side lot lines.
   FRONT YARD. The open space between the front surrogate lot line and the front yard line extending the full width between the surrogate side lot lines.
   FRONT YARD LINE. A location line on the principal structure parallel to, and against the wall surface nearest, the front surrogate lot line and which faces the front yard. The FRONT YARD LINE extends the full distance between surrogate side lot lines.
   FRONT YARD SETBACK. The minimum horizontal distance between the front surrogate lot line and the front yard line.
   GENERAL COMMON OR COMMON ELEMENTS. The common elements other than the limited common elements and the condominium unit.
   GREENBELT. A strip of land of definite width and location reserved for the planting of a combination of shrubs, trees and ground cover to serve as an obscuring screen and buffer for noise or visual enhancement, in accordance with the requirements of this subchapter.
   GROUND COVER. A planting of low-growing plants or sod that, in time, forms a dense mat covering the area, preventing soil from being blown or washed away and the growth of unwanted plants.
   LIMITED COMMON ELEMENTS. A portion of the common elements reserved in the master deed for the exclusive use of less than all of the co-owners.
   LOT. A surrogate lot.
   MASTER DEED. The condominium document recording the condominium project as approved by the City Council to which is attached as exhibits and incorporated by reference, the approved condominium subdivision plans for the project.
   MOBILE HOME CONDOMINIUM PROJECT. A condominium project in which the mobile homes are intended to be located upon separate condominium sites which constitute individual condominium units.
   PARCEL. A surrogate lot.
   PHASE. A portion of the whole which has been separated from the whole with regard to improvement and development activity.
   PRIVATE. The area of land has not been dedicated or transferred to the city for future control, maintenance, modification and the like.
   REAR YARD. An open space between the rear surrogate lot line and the rear yard line extending the full width between the surrogate side lot lines.
   REAR YARD LINE. A location line on the principal structure parallel to and against the wall surface nearest the rear surrogate lot line and which faces the rear yard. The REAR YARD LINE extends the full distance between the surrogate side lot lines.
   REAR SURROGATE LOT LINE. An imaginary line opposite the front surrogate lot line or lot line and which joins the rear most ends of the side surrogate lot lines.
   REAR YARD SETBACK. The minimum horizontal distance between the rear surrogate lot line and the rear yard line.
   RIGHT-OF-WAY. A strip of land reserved and dedicated for a street, alley, walkway or other purpose and which may be occupied by utilities, such as electric transmission lines, gas pipelines, cable television lines, fiber optics lines, water mains, sanitary sewers, storm sewer mains, street trees or other utility uses. RIGHTS-OF-WAY established and shown on the final plan are to be distinct and separate from the yards or building sites adjoining such rights-of-way and are not to be included in the dimensions or areas of such yards or building sites.
   SETBACK. The minimum horizontal distance from the principal structure to a surrogate lot line.
   SIDE YARD. The open space between the front yard line and the rear yard line on each side of the principal structure considered separately.
   SIDE YARD LINE. A location line on the principal structure parallel to, and against the wall surface nearest, the side surrogate lot line and which faces the side yard.
   SIDE YARD SETBACK. The minimum horizontal distance between the side surrogate lot line and the side yard line.
   SIDE SURROGATE LOT LINE. An imaginary lot line opposite the side yard line and which joins the nearest ends of the front surrogate lot line and the rear surrogate lot line.
   SITE CONDOMINIUM. The resulting development of land created under the Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.2762.
   SITE PLAN. A plan showing all salient features of a proposed development, so that it may be evaluated in order to determine whether it meets the provisions of this subchapter.
   STAGE. The same as PHASE.
   STREET, PRIVATE. A special form of easement use providing for a right-of-way which complies fully with the minimum requirements of §§ 151.35 and 151.58 is for the purpose of containing a means for vehicular and pedestrian transportation, parking areas if allowed, above and beneath ground utility services, sidewalks, lawn extensions, other accommodations which are allowed by city code and standards, and contains the area reserved therefor where the same are not yet constructed. Land within a designated street may be improved or unimproved at a point in time.
   SUBDIVISION ORDINANCE or CHAPTER 151.Chapter 151 of this code of ordinances.
   SURROGATE LOT. A building site which is not plated and is not fully bound by recorded adjacent lot lines.
   SURROGATE LOT AREA. The total horizontal area within the surrogate lot lines.
   SURROGATE LOT DEPTH. The depth determined by the horizontal distance between the front and rear surrogate lot lines measured along a median line between the two side surrogate lot lines.
   SURROGATE LOT WIDTH. The width determined by the horizontal straight distance between the side surrogate lot lines measured at the minimum distance of the front setback building line for the district.
   YARD. An area of land whose boundary consists of the front surrogate lot line, rear surrogate lot line and both side surrogate lot lines.
   YARD AREA. The area contained within the yard boundary lines.
   ZONING ORDINANCE or CHAPTER 150. The Memphis Zoning Ordinance, as amended or this Chapter 150.
(Ord. 155, passed 3-18-2003)

§ 150.106 INTERPRETATION BY CITY LEGAL COUNCIL.

   Where there is no equivalent term or phrase defined in this subchapter, the City Attorney shall interpret the appropriate equivalent term in Ch. 150 or Ch. 151 for the purpose of applying the standards and requirements of those ordinances to the proposed condominium project so as to carry out the purpose of this subchapter.
(Ord. 155, passed 3-18-2003)

§ 150.107 COMPLIANCE.

   (A)   Purpose. To ensure that condominiums are developed in compliance with an accepted design layout and improvement standards applicable to similar forms of municipal development.
   (B)   Zoning compliance. All condominium developments, 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. If a building footprint has not been selected at the time of plan review, a building envelope shall be used in measuring compliance with zoning requirements.
   (C)   Subdivision regulations compliance. A condominium subdivision development shall comply with applicable standards referenced below, also found in Ch. 151. However, the application of these standards shall not be construed as requiring a condominium subdivision to obtain plat approval under the State Subdivision Control Act, Public Act of 288, being M.C.L.A. §§ 560.101 through 560.293, as amended.
   (D)   City review and approval. Pursuant to authority conferred by § 141 of the Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.2762, as amended, condominium plans shall require review and recommendation by the Planning Commission and approval by the City Council before site improvements are initiated.
   (E)   Review process. The review process shall consist of a conceptual plan review, a preliminary plan review, a final plan review and a construction review. Each review is performed by the City Planning Commission with the support of the City Clerk, Building Inspector, City Planner, City Attorney, City Engineers, City Departments, counties and other professionals as required to determine the degree with which the plan is adequate and complies with the city, state and county regulations.
   (F)   Completion of the final plan. Completion of the final plan requires the following:
      (1)   Recommendation from the City Planning Commission to the City Council that the condominium project be approved; and
      (2)   Approval by the City Council.
(Ord. 155, passed 3-18-2003)

§ 150.108 CONCEPTUAL PLAN.

   (A)   Prior to the filing of an application for preliminary plan review of a condominium development project the intended applicant shall submit to the Planning Commission a conceptual plan for the project and provide an overview in generalized terms of material addressing each of the items found in the preliminary review requirements.
   (B)   Upon receipt of the materials and a request for a meeting by the intended applicant, the Planning Commission shall call a meeting to include the Commissioners and representatives of other city departments and professional persons as the Commission deems necessary, with the approval of the City Council, to review the conceptual plan with the intended applicant. The applicant to be shall be given verbal comments and suggestions in regard to the concept plan and direction regarding future submittals. No approvals shall be implied or expressed at this meeting.
(Ord. 155, passed 3-18-2003)

§ 150.109 PRELIMINARY PLAN; REQUIREMENTS.

   (A)   Preliminary plan. A preliminary plan shall be filed by the applicant with the City Clerk at the city office. The applicant shall submit to the Clerk, in support of the preliminary review, a serviceable check for the sum total of all applicable processing fees, including review fees, planning fees, engineering fees, attorney fees and other applicable charges, as specified and approved by City Council.
   (B)   Preliminary plan application. The application shall contain all of the required material for a preliminary plan review. The Building Inspector or other official(s) designated by City Council, shall verify that all types of required material have been submitted prior to the scheduling of a plan review. Where county drains are involved, an approved preliminary plan with noted approval of the plan or a letter from the County Drain Commission stating reasons for rejection shall be submitted by the proprietor.
   (C)   Variances. Any variances (zoning and non-zoning) that will be requested in the future are to be identified during preliminary plan review. The Planning Commission may require the applicant to obtain a ruling on zoning variances from the Zoning Board of Appeals and non-zoning variances from the Council prior to preliminary plan review.
   (D)   Preliminary plan review.
      (1)   The time frame for preliminary plan review shall be approximately 60 days.
      (2)   In the preliminary plan review phase, the Planning Commission shall review the overall plan for the site, including basic road and unit configuration and the consistency of the plan with regard to all applicable provisions of city ordinances and the Master Plan.
      (3)   It shall be the duty of the City Clerk to send a written notice to all owners of adjoining land as to the time and place of a preliminary plan review meeting and where plan documents can be viewed.
      (4)   By the end of the preliminary plan review period, the Planning Commission shall submit to the applicant in writing either notice that preliminary review has been completed or a list of items remaining to be addressed or denial.
      (5)   The City Council is not required to review the preliminary plan. Upon completion of the preliminary plan review by the Planning Commission, the applicant has 12 months to submit the final plan for review. Should the final plan, in whole or in part, not be submitted within this time limit, a preliminary plan must again be submitted to the Commission for review. The review will be conducted using the requirements in place at the time of the new submittal.
(Ord. 155, passed 3-18-2003)

§ 150.110 FINAL PLAN; REQUIREMENTS.

   Concurrent with the notice required to be given to the city pursuant to § 71 of the Condominium Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.2762, as amended, a person, association, partnership or corporation intending to develop a condominium project shall provide the following information and submissions (three copies of requirements 1 through 5 shall be submitted):
   (A)   The name, address and telephone number of the following:
      (1)   All persons, firms or corporations with an ownership interest in the land on which the condominium project shall be located and developed together with a description of the nature of each entity’s interest (i.e., fee owner, optionee or land vendee);
      (2)   All engineers, attorneys, architects, planners or registered land surveyors associated with the project; and
      (3)   The developer or proprietor of the condominium project.
   (B)   The legal description of the land on which the condominium project will be developed together with the appropriate tax identification number(s);
   (C)   The acreage content of the land on which the condominium project will be developed;
   (D)   The purpose of the project (i.e., residential, commercial, industrial and the like);
   (E)   Number of condominium units to be developed on the subject parcel (may be shown as stage one, two ...);
   (F)   If a proprietor wishes to develop the area in stages, the preliminary plan shall include the proposed general layout for the entire area. The part which is proposed to be developed first shall be clearly superimposed upon the overall plan in order to clearly illustrated the method of development which the developer intends to follow. Each stage must have final plan approval by the City Council prior to condominium sales or improvements commencing for that stage;
   (G)   In addition to the requirements of § 66 of the Condominium Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.276 as amended, all plans for condominium projects presented for approval shall include the following (ten copies of requirement (7) below shall be submitted):
      (1)   Survey of the condominium project site. Including views showing the relationship of adjacent properties, major and minor streets and easements which exist or are being proposed outside of the site plan;
      (2)   Topographical survey maps at a minimum scale of one inch equals 100 feet showing existing grades of the land on a two-foot contour interval prior to any land changes and the proposed finished final grades. (This requirement may be waived by the Planning Commission based on existing land grades and the development plan);
      (3)   A survey or drawing delineating all natural features on the site including, but not limited to: ponds, streams, lakes, drains, floodplains, wetlands (as recognized by the State DEQ) and wooded areas;
      (4)   A site plan showing the number, location, size, shape, spacing between adjacent units, yard widths, yard depths, setbacks, and yard ratios, for all condominium units, rights-of-way, location and size of common elements, limited common elements and the location of all proposed streets (public and private) including widths and right-of-ways (scale of plan; one inch equals 100 feet as minimum acceptable scale);
      (5)   A generalized primary utility plan showing all sanitary sewer, water and storm sewer lines and supporting components (swales, drains, basins and the like) and easements granted to the city, when applicable, for installation, repair and maintenance of all utilities. All proposed installations of wells and/or septic must be accompanied by the approval of the county and/or state at the time of preliminary review. The plan must also include the location of existing or newly proposed primary utilities located within or adjacent to the proposed project;
      (6)   A generalized public service utility plan (including telephone, electric power, television, gas and the like) showing the location of, and easements for, all lines and cables;
      (7)   A copy of the proposed master deed and restrictive covenants to be applied to the project;
      (8)   A soil and sedimentation permit from the county (Macomb or St. Clair County Road Commission Permits Department or other appropriate agency administering the State Soil Erosion and Sedimentation Act, Public Act 451 of 1994, M.C.L.A. §§ 324.9101 through 324.9123a), must be obtained if any earth is to be disturbed within 500 feet of a river, drain or natural watercourse;
      (9)   Building sections showing the existing and proposed structures and improvements including their location on the land. Any proposed structure or improvement shown shall be labeled either “must build” or “need not be built”; and
      (10)   Other information and exhibits requested by the Planning Commission or City Council needed to conduct their review.
(Ord. 155, passed 3-18-2003)

§ 150.111 FINAL PLAN REVIEW.

   (A)   Notification. Upon receipt of notification from the Planning Commission that the preliminary review stage is completed, the applicant may proceed with preparing final plans.
   (B)   Review.
      (1)   The time frame for final plan review shall be approximately 60 days.
      (2)   During the final plan review phase, the Planning Commission shall review, with the support of the City Planner, Attorney, City Engineer and other professionals as necessary, the detailed materials developed in support of each of the items presented at the preliminary plan review phase and the following additional information and exhibits. Further, such plans shall be submitted by the applicant for review and comment to all applicable local, county and state agencies, as may be appropriate, and as determined by the Planning Commission.
      (3)   Before the expiration of the final plan review period, the Planning Commission shall either make a recommendation to the City Council to approve or provide the applicant with a list of outstanding items that need to be addressed or recommend denial.
      (4)   The final plan shall conform substantially to the preliminary plan as it existed at the conclusion of the preliminary plan review process. The Building Inspector, or other official(s) designated by City Council, shall check the proposed final plan for completeness. Should any of the data required be omitted, the Building Inspector shall inform the applicant of the data required.
      (5)   The application will be delayed until the required data is received.
   (C)   Variance. Zoning variance issues shall be resolved by the Zoning Board of Appeals before City Council acts on the final plan. Similarly, any request for a non-zoning variance shall be addressed by the Council before City Council acts on the final plan.
   (D)   Cancellation of plan approval and building permit(s). 
      (1)   Approval by the City Council of a final plan shall confer upon the applicant the right to a building permit for a period of 12 months from and after approval.
      (2)   Upon receipt of a building permit, reasonable construction shall be commenced within 12 months and be reasonably continued or the project plan and the building permit shall be declared invalid unless the applicant requests and obtains a new approval (renewal) from the City Council and Building Inspector.
      (3)   Prior to the City Council and Building Inspector allowing a renewal, the Planning Commission shall apply, as its standards in determining whether to recommend a renewal, the city’s currently existing standards and requirements.
   (E)   Fees. The applicant shall submit to the Clerk, in support of the final plan review, a serviceable check for the sum total of all applicable processing fees, including review fees, engineering fees, attorney fees and other applicable charges, as specified in the fee schedule and approved by City Council.
(Ord. 155, passed 3-18-2003)

§ 150.112 FINAL PLAN; ELEMENTS REQUIRED.

   (A)   Elements required. In support of the final plan review, a person, association, partnership or corporation intending to develop a condominium project shall provide the following information and submissions (three copies of (1) through (5) listed in the preliminary review; ten copies of the following items (1) through (9)):
      (1)   Final detailed information addressing each of the items submitted for the preliminary plan review;
      (2)   Final detailed utility plan showing all sanitary sewer, water and storm sewer lines and supporting components (swales, drains, basins and the like), and easements granted to the city, when applicable, for installation, repair and maintenance of all utilities;
      (3)   Final detailed public service utility plan (including telephone, electric power, television, gas and the like) showing the location of, and easements for, all lines and cables;
      (4)   Copies of necessary approvals from county and state agencies;
      (5)   Final detailed street and sidewalk construction, design and locations for all streets, sidewalks and walkways in the condominium subdivision, both public and private, showing the streets and walkways to be in compliance with the applicable city ordinances;
      (6)   Final detailed plans for the development and landscaping of all common areas (general and limited);
      (7)   Final copy of the proposed master deed, restrictive covenants and bylaws;
      (8)   Detailed maintenance plan for the following:
         (a)   Private streets, sidewalks and walkways, including snow removal and icing precautions;
         (b)   Common elements, both general and limited; and
         (c)   Storm drains and associated components. A mechanism shall be installed within the master deed and/or bylaws providing for the continuing maintenance of all common elements, including private streets, walkways and drains.
      (9)   Other information and exhibits as requested by the Planning Commission or City Council.
   (B)   Survey monuments required.
      (1)   All condominium projects shall be marked with monuments meeting the standards of M.C.L.A. § 560.125, except for subsections (4) and (8). Additionally, monuments shall be located:
         (a)   In the ground at all angles in the boundary of the condominium development;
         (b)   At the intersection lines of streets and at the intersection of the lines of streets with the boundaries of the condominium development; and
         (c)   At all points of curvature, points of reverse curvature and angle points in the side lines of streets and alleys and at all angles of an intermediate transverse line.
      (2)   All limited common elements and lot lines shall have monuments in the field by iron or steel bars or iron pipes at least 18 inches long and one-half inch in diameter or other markers approved in the site plan.
      (3)   All condominium developments having limited commons, 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 have their limited common boundaries marked with monuments meeting the requirements of M.C.L.A. § 560.125(8).
(Ord. 155, passed 3-18-2003)

§ 150.113 FINAL PLAN; ADDITIONAL STANDARDS.

   (A)   Definitions found in Ch. 151 shall be used in the interpretation of §§ 150.109 and 150.110 unless otherwise provided in § 150.105. The following word substitutions shall be made when reading the required subdivision regulations:
      (1)   SUBDIVISION or SUBDIVIDED shall be read as condominium subdivision;
      (2)   PLAT or PLATTED shall be read as plan or planned;
      (3)   PUBLIC shall be read as public or private;
      (4)   LOT shall be read as lot or yard, building site or surrogate lot, as applicable;
      (5)   PROPERTY LINE shall be read as lot line or surrogate lot line, as applicable;
      (6)   SUBDIVISION ACT shall be read as Subdivision Control Act of 1967, M.C.L.A. §§ 560.101 to 560.293, as amended; and
      (7)   PARCEL shall be read as surrogate lot.
   (B)   A condominium subdivision development shall comply with the following requirements of Ch. 151, as amended:
      (1)   Design and layout standards: §§ 151.35 through 151.41;
      (2)   Improvements: §§ 151.55 through 151.58;
      (3)   Variances: § 151.07;
      (4)   City construction/engineering standard:
         (a)   Structure standards:
            1.   The 2000 State Residential Code, as amended;
            2.   The 1999 National Electrical Code with the state amendment, as amended;
            3.   The 2000 State Building Code, as amended;
            4.   The 2000 State Plumbing Code, as amended; and
            5.   The 2000 State Mechanical Code, as amended.
         (b)   In addition, all other structure standards adopted by the city shall also apply at the time of project initiation.
      (5)   Improvement standards:
         (a)   The St. Clair County Road Commission and the Macomb County Road Commission;
         (b)   The State Department of Transportation;
         (c)   The St. Clair County Health Department;
         (d)   The Macomb County Health Department;
         (e)   The State Department of Environmental Quality;
         (f)   The Macomb County Soil Erosion and Sedimentation Department standards; and
         (g)   The St. Clair County Drain Commission.
      (6)   In addition, all other improvement standards adopted by the city shall also apply at the time of project initiation.
(Ord. 155, passed 3-18-2003)

§ 150.114 STORM DRAINS.

   (A)   The city may require that all storm sewers be installed within the right-of-way or within the general commons and conveyed and/or dedicated to the public when, in the opinion of the city, conveyance and/or dedication of the same would be in the best interest of the public. Storm drains which have been dedicated to the public and accepted by the city shall thereafter be regulated by the city code and subject to design standards of the city and have associated assessments assigned to the appropriate property owner(s), if such assessments should be required.
   (B)   A detention basin is required for all condominium subdivisions, unless the property is located adjacent to an existing water body and the petitioner submits a hydraulic study prepared by a registered engineer which shows the run-off from the development will not adversely affect any of the downstream properties. Any run-off from a condominium project which enters a water body under the jurisdiction of the DEQ must be approved by the DEQ. A sedimentation basin shall be provided for all developments that do not require detention.
   (C)   No detention or retention pond shall be placed within a residential lot or yard. Detention and retention ponds in residential developments shall be placed in outlots (an area within a development which is restricted from use for building purposes) so dedicated with appropriated easements for drainage purposes.
(Ord. 155, passed 3-18-2003)

§ 150.115 SEWAGE DISPOSAL.

   (A)   When a proposed condominium is located within, adjacent to or within a distance defined in the then existing city code of the service area of an available public sanitary sewer system, then sanitary sewers and other appurtenances thereto, as approved by the City Engineer and built to standards identified and defined by the city, shall be installed by the developer in such a manner as to serve all condominium units in the initial phase of construction and designed to serve all subsequent phases if subsequent phases are contemplated.
   (B)   The city shall require all public sanitary sewer lines extending to the point of a tap, including the tap, to a private use to be installed within the right-of-way or within the general commons and conveyed and/or dedicated to the public when, in the opinion of the city, conveyance and/or dedication of the same would be in the best interest of the public. Sanitary sewer lines and associated appurtenances which have been dedicated to the public and accepted by the city shall thereafter be regulated by the city code and subject to design standards of the city and have associated assessments assigned to the appropriate property owner(s), if such assessments should be required.
   (C)   Where a public sewer system is not available, on-site sewage disposal systems may be employed providing they are approved by the county in which they are to be installed and/or the state.
(Ord. 155, passed 3-18-2003)

§ 150.116 WATER SUPPLY.

   (A)   When a proposed condominium is located within, adjacent to or within a distance defined in the then existing city code of the service area of an available public water supply system, the water mains, fire hydrants and required water system appurtenances thereto, as approved by the City Engineer and built to standards defined and identified by the city, shall be installed by the developer in such a manner as to adequately serve all condominium units in the initial phase of construction and designed to serve all subsequent phases if subsequent phases are contemplated as shown on the final condominium subdivision plan, both for domestic use or business use and for fire protection.
   (B)   (1)   The city shall require all public water lines and appurtenances extending to the point of a tap, and further to include the shut off box, to a private use be built to city standards and installed within the right-of-way or within the general commons and conveyed and/or dedicated to the public when, in the opinion of the city, conveyance and/or dedication of the same would be in the best interest of the public.
      (2)   City water services which have been dedicated to the public and accepted by the city shall thereafter be regulated by the city code and subject to design standards of the city and have associated assessments assigned to the appropriate property owner(s), if such assessments should be required. In the event of the nonavailability of a public water supply system, a private water supply system shall be provided by the developer as regulated by the city and county in which the private water supply is to be installed and/or the state.
(Ord. 155, passed 3-18-2003)

§ 150.117 STREETS.

   (A)   Standards.
      (1)   All streets and their contents shall be constructed to standards identified and defined by the city and shall require the formal approval of the City Engineer at appropriate events of construction selected by the City Engineer and upon completion of the street construction and the installation of its contents.
      (2)   All streets and their contents shall be installed by the developer and remain the private ownership of the condominium association or its legal equivalent, except for public sewer and/or public water lines and their appurtenances which shall be conveyed and/or dedicated to the public if the city deems those action(s) to be in the best interest of the public. All streets shall be located within the appropriate Street right-of-way as set forth in § 150.113(B)(1) and have pavement widths as set forth in § 150.113(B)(2) and be so located as to provide access to all commons areas.
      (3)   Building envelopes for lots or yards facing a three-way intersection shall be aligned to prevent oncoming headlight glare into the living area of the dwelling.
   (B)   Street names and signs. For the purpose of ensuring proper response by emergency vehicles, road name signs and traffic control signs shall be installed within the condominium subdivision in accordance with the standards of the city. 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 the city standards, with the words “NOT A PUBLIC STREET” shall be installed and maintained at all points where private streets meet public streets.
   (C)   Street lighting. For the purpose of protecting public safety, street lights meeting the standards of the city and the public utility providing the lighting shall be installed by the developer and maintained within the condominium subdivision at all street intersections. The association of co-owners shall be responsible for the full cost of operation and maintenance of the street lights on private streets.
   (D)   Street parking. Street parking shall only be allowed in areas designed specifically to accommodate vehicle parking and approved by the Council during the site plan approval. All public and private streets shall be constructed to accommodate vehicle parking on at least one side, as shown in the site plan and approved by City Council.
(Ord. 155, passed 3-18-2003)

§ 150.118 PUBLIC SIDEWALKS.

   Sidewalks shall be constructed by the developer in compliance with city standards and located within the public right-of-way along existing public roadways on the side or sides of the roadway abutting the condominium development. If sufficient land is unavailable within the then existing public right-of-way, then the developer shall transfer sufficient land from the project to the public right-of-way to permit sidewalks to be constructed. These sidewalks shall be dedicated to the public. Maintenance and clearing of any sidewalk associated with the condominium project which has been dedicated to the public shall be maintained and cleared under the same regulations and procedures as applies to all other public sidewalks within the city.
(Ord. 155, passed 3-18-2003)

§ 150.119 STREET MAINTENANCE.

   All private streets and their contents which have not been conveyed and/or dedicated to the public shall be responsibly and timely maintained by their ownership. The streets and its contents shall be kept in good repair. Accumulations of snow, ice and standing water shall be promptly removed. Appropriate actions shall be taken by the property owners to minimize the safety hazards to vehicles and pedestrians. The master deed shall contain adequate mechanisms to ensure that streets and walkways shall be properly maintained. Such provisions within the final master deed, restricted covenants and/or bylaws shall be reviewed and approved by the City Engineer and City Attorney.
(Ord. 155, passed 3-18-2003)

§ 150.120 STREETS AND LANDSCAPING.

    (A)   It shall be the intent of the Planning Commission to recommend site plans which promote the presence of a natural environment along the streetscape by including suitable and appropriate plantings such as trees and the like which develop in a way which is consistent with the safety aspects of vehicles and pedestrians. 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 within the strip between the sidewalk and the pavement.
   (B)   Tree species should be selected for tolerance of the harsh roadside conditions, for compliance with sight distance requirements, to ensure maintenance of accessability to fire hydrants, to provide a minimum overhead clearance of 15 feet over any street and eight feet over a sidewalk or bike path and to avoid interference with overhead or underground utility lines.
   (C)   Plantings within 15 feet of a fire hydrant shall be no taller than six inches.
   (D)   The development and planting of required shade trees and landscaping shall be the responsibility of the developer/proprietor; not the individual resident.
   (E)   Street trees shall be at least 50 feet from the intersection of two street right-of-way lines or access easements. Street trees shall be placed to avoid future driveway locations.
   (F)   Street trees shall be at least five feet from the edge of any paved surface.
   (G)   All unimproved surface area of the commons or parcel shall be planted with grass, ground cover, shrubbery or other suitable landscape materials, except where patios, terraces, decks, driveways and similar site features are allowed.
(Ord. 155, passed 3-18-2003)

§ 150.121 GREENBELTS AND NATURAL FEATURES.

   (A)   Due regard shall be shown for all natural features such as large trees, natural groves and similar community assets that will add attractiveness and value to the property if preserved. Existing trees shall be preserved wherever possible and removal must be justified to the city.
   (B)   Greenbelts acceptable to the city may be required to be placed next to incompatible features such as highways, commercial or industrial uses in order to screen the view from residential properties. Such screens or greenbelts shall be a minimum of 15 feet wide and shall not be a part of the normal roadway right-of-way or utility easement.
   (C)   Top soil removal from areas to be developed shall be prohibited except in those areas to be occupied by buildings, roads or parking areas. A plan for storage or stockpiling and redistribution of all topsoil removed shall be submitted by the proprietor and requires approval by the city.
(Ord. 155, passed 3-18-2003)

§ 150.122 EASEMENTS FOR UTILITIES.

   (A)   The condominium subdivision plan shall include all necessary easements granted to the city for the purpose of constructing, operating, inspecting, maintaining, repairing, altering, replacing and/or moving pipelines, mains, conduits, and other installations of a similar character (hereinafter collectively called “public structures”) for the purpose of providing public utilities, including conveyances of sewage, water, and storm water run-off across, through and under the property subject to said easement, and excavating and refilling ditches and trenches necessary for the location of such public structures.
   (B)   Adjacent surrogate lots or condominium units shall not share the same space.
(Ord. 155, passed 3-18-2003)

§ 150.123 ISSUANCE OF BUILDING PERMITS.

   (A)   Upon final approval of the plan by the City Council, three prints of the plan shall be delivered by the proprietor to the city office: one to the Clerk, one to the Department of Public Works and one to the Building Department.
   (B)   Upon final approval of the plan by the City Council, prior to the initiation of improvements, the proprietor shall deliver to the City Clerk a copy of the recorded master deed, restrictive covenants and bylaws.
   (C)   Prior to issuance of a building permit for condominium units, the developer shall demonstrate to the Building Department approval by the county(s) and state entities having jurisdiction with regard to any aspect of the development.
   (D)   Prior to issuance of a building permit for condominium units, the City Engineer shall verify that all improvements such as, but not limited to, streets, water supply, sewage disposal, storm drainage and other utilities have been completed or are in a timely schedule, in accordance with the approved plan.
(Ord. 155, passed 3-18-2003)

§ 150.124 CERTIFICATE OF OCCUPANCY.

   (A)   Prior to issuing a building occupancy certificate, the developer shall provide to the Building Inspector an “as built survey” for the condominium unit, including its location, which verify that the subject unit is in compliance with all provisions of the approved zoning and planning ordinances.
   (B)   The Building Official may allow occupancy of the condominium development before all improvements required by this subchapter are installed, provided that a cash performance guaranty, a certified check or an irrevocable bank letter of credit is submitted sufficient in amount and type to provide for the installation of improvements, without expense to the city. The return of the funds may be phased as certain improvements are completed.
   (C)   All improvements shall be completed within a time period specified by the City Building Inspector but in no instance shall the time be greater than six months from the date of issuance of the temporary certificate of occupancy. If the improvements are not made within the specified time limits, the entire performance guaranty shall be forfeited in full to the city.
(Ord. 155, passed 3-18-2003)

§ 150.125 CONSTRUCTION; REVIEW AND ACCEPTANCE.

   (A)   The following information and exhibits shall be submitted by the proprietor:
      (1)   An “as built site plan survey” for the condominium project, on reproducible drawing material and approved by the City Engineer. The City Engineer shall determine that the project is complete to the approved plan and in compliance with the applicable city ordinances (two copies shall be submitted);
      (2)   A survey drawing showing the placement of all required monuments to the standards set by M.C.L.A. § 560.125 as defined in § 150.113(F); and
      (3)   Verification that inspections and/or approvals, as required, have been obtained.
   (B)   In return, the city shall submit a release to the developer or proprietor bond monies and other sums due.
(Ord. 155, passed 3-18-2003)

§ 150.126 ADDITIONAL REGULATIONS AND REMEDIES.

   (A)   Amendments. Any amendment of the master deed, covenants or bylaws which would involve any subject matter reviewed during the final plan review must be submitted for review by the Planning Commission and approval of the City Council prior to the authorization and recording of the amendment.
   (B)   Site plans for expandable or convertible projects. Prior to expansion or conversion of a condominium project to additional land, the new phase of the project shall undergo site plan review and approval, pursuant to this subchapter.
   (C)   Encroachment prohibited. Encroachment of one condominium unit upon another as described in § 40 of the Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.276, as amended, shall be prohibited by the condominium bylaws and recorded as part of the master deed.
   (D)   Relocation of boundaries.
      (1)   The relocation of boundaries, as described in § 48 of the Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.276, as amended, shall conform to all setback and spatial requirements of this subchapter for the district in which the project is located and shall be reviewed by the Planning Commission and considered for approval by City Council.
      (2)   This requirement shall be made part of the bylaws and recorded as part of the master deed.
   (E)   Mobile home condominium project. A mobile home condominium project shall conform to all of the requirements of this subchapter.
   (F)   Conflicting regulations. Where other sections of this chapter are in conflict with this subchapter, the provisions of this subchapter shall control.
(Ord. 155, passed 3-18-2003)

§ 150.140 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   APPLICANT. A natural person, firm association, partnership, corporation or combination of any of them that holds an ownership interest in land, whether recorded or not.
   BOUNDARY ADJUSTMENT. Adjusting, moving or modifying a boundary line between two or more adjacent parcels.
   CITY CLERK. The Clerk for the City of Memphis.
   DIVIDE and DIVISION. 
      (1)   The partitioning or splitting of a parcel or tract of land by the proprietor, or by his or her heirs, executors, administrators, legal representatives, successors or assigns, for the purpose of sale or lease of more than one year, or of building development that results in one or more parcels of less than 40 acres or the equivalent, and that satisfies the requirements of §§ 108 and 109 of the State Land Division Act, being M.C.L.A. §§ 560.108, 560.109.
      (2)   The terms DIVIDE and DIVISION do not include a property transfer between two or more adjacent parcels if the property taken from one parcel is added to an adjacent parcel; and any resulting parcel shall not be considered a building site unless the parcel conforms to the requirements of the State Land Division Act, this subchapter and other applicable ordinances.
   EXEMPT SPLIT and EXEMPT DIVISION. The partitioning or splitting of a parcel or tract of land by the proprietor or by his or her heirs, executors, administrators, legal representatives, successors or assigns, that does not result in one or more parcels of less than 40 acres or the equivalent, provided all resulting parcels are accessible for vehicular travel and utilities from existing public roads through existing adequate roads or easements or through areas owned by the owner of the parcel that can provide such access.
   FORTY ACRES OR THE EQUIVALENT. Either 40 acres, a quarter-quarter section containing not less than 30 acres or a government lot containing not less than 30 acres.
   PLANNING COMMISSION. The Planning Commission for the City of Memphis.
(Ord. 161, passed 11-4-2003)

§ 150.141 PRIOR APPROVAL.

   Land in the city shall not be divided without the prior review and approval of the Planning Commission in accordance with this section and the State Land Division Act; provided that the following shall be exempted from this requirement: a parcel proposed for a subdivision, including but not limited to condominiums, through a recorded plat pursuant to the State Land Division Act; and an exempt split.
(Ord. 161, passed 11-4-2003)

§ 150.142 APPLICATION.

   (A)   An applicant shall file all of the following with the City Clerk or the Planning Commission for review and approval of a proposed land division before making any division either by deed, land contract, lease for more than one year or for building development:
   (B)   A completed application known as “City of Memphis Parcel Division/Combination Application” and any other such form as may be provided by the city;
      (1)   Proof of ownership of the land proposed to be divided;
      (2)   A tentative parcel map drawn to scale, including an accurate legal description of each proposed division and showing the boundary lines, approximate dimension and the accessibility of each division from existing or proposed public roads for automobile traffic and public utilities;
      (3)   Proof that all standards of the State Land Division Act and this section have been met;
      (4)   The history and specifications of the land proposed to be divided sufficient to establish that the proposed division complies with § 108 of the State Land Division Act, being M.C.L.A. § 560.108; and
      (5)   If a transfer of division rights is proposed in the land transfer, detailed information about the terms and availability of the proposed division rights transfer.
   (C)   Unless a division creates a parcel which is acknowledged and declared to be not a development site, all divisions shall result in buildable parcels with sufficient area to comply with all required setback provisions, minimum floor areas, off-street parking spaces, on-site sewage disposal and water well locations (where public water and sewer service is not available), access to existing public utilities and public roads, and maximum allowed area coverage of buildings and structures on the site. Declared agricultural land and land for forestry use shall not be subject to the foregoing as development sites as provided in the State Land Division Act at § 102, being M.C.L.A. § 560.102.
   (D)   The fee, as may be established by resolution of the city for land division reviews pursuant to this subchapter, to cover the costs of review of the application and administration of this section and the State Land Division Act, including mapping, legal costs and review costs.
(Ord. 161, passed 11-4-2003)

§ 150.143 REVIEW; PROCEDURE.

   (A)   (1)   The Planning Commission shall approve with reasonable conditions to ensure compliance with applicable ordinances and the protection of public, health, safety and general welfare or disapprove the land division applied for within 45 days after receipt of the application package, conforming to this sections requirements, and shall promptly notify in writing the applicant of the decision and the reasons for any denial.
      (2)   If the application package does not conform to this section’s requirements and the State Land Division Act, the City Clerk shall return the package to the applicant for completion and refiling in accordance with this section and the State Land Division Act.
   (B)   Any person aggrieved by the decision of the Planning Commission may, within 30 days of the decision, appeal the decision to the City Council, which shall consider and resolve such appeal by a majority vote of the board at its next regular meeting or session affording sufficient time for a 20-day written notice to the applicant (and appellant where other than the applicant) of the time and date of the meeting and appellate hearing.
   (C)   The City Clerk shall maintain an official record of all approved and accomplished land divisions or transfers.
(Ord. 161, passed 11-4-2003)

§ 150.144 STANDARDS FOR APPROVAL.

   A proposed land division shall be approved if the following criteria are met.
   (A)   All the parcels to be created by the proposed land division fully comply with the applicable lot (parcel), yard and area requirements of pertinent ordinances, including but not limited to minimum lot (parcel) frontage/width, minimum road frontage, minimum lot (parcel) area and maximum lot (parcel) coverage and minimum setbacks for existing buildings/structures or have received a variance from such requirements from the appropriate Zoning Board of Appeals.
   (B)   The proposed land divisions comply with all requirements of the State Land Division Act and this subchapter.
   (C)   All parcels created and remaining have existing adequate accessibility or an area available for accessibility, to a public road for public utilities and emergency and other vehicles not less than the requirements of all applicable ordinances.
   (D)   The ratio of depth to width of any parcel created by the division does not exceed a four to one ratio exclusive of access roads, easements or nondevelopment sites. The depth of a parcel created by a land division shall be measured within the boundaries of each parcel from the abutting road right-of-way to the most remote boundary line point of the parcel from the point of commencement of the measurement. The width of a parcel shall be measured at the abutting road or right-of-way line or as otherwise provided in any applicable ordinances.
(Ord. 161, passed 11-4-2003)

§ 150.145 BOUNDARY ADJUSTMENTS.

   (A)   Lots and parcels in the city shall undergo a site plan review before the Planning Commission prior to a boundary adjustment. The applicant for a boundary adjustment shall submit an application as approved by the City Council together with a before and after boundary survey with dimensions, the location of existing easements, buildings and other fixtures and the proposed amended legal descriptions for the parcels or lots to be affected by the proposed boundary adjustment.
   (B)   (1)   The Planning Commission shall review each proposed boundary adjustment and resultant lot or parcel for conformity with all applicable zoning regulations including, but not limited to, depth to width ratios, lot area and setback requirements.
      (2)   The fee for review of a proposed boundary adjustment shall be the same as required for the review of a proposed land division. Approval of a boundary adjustment by the Planning Commission shall not excuse the applicant from any other approvals as may be required by state, county or other local agencies.
(Ord. 161, passed 11-4-2003)

§ 150.146 NONCOMPLIANCE.

   Any parcel created in noncompliance with this subchapter shall not be eligible for any building permits or zoning approvals, such as conditional land use approval or site plan approval, and shall not be recognized as a separate parcel on the assessment roll. In addition, violation of this subchapter shall subject the violator to the penalties and enforcement actions set forth by city or state law.
(Ord. 161, passed 11-4-2003) Penalty, § 150.999

§ 150.999 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
   (B)   (1)   Any person, firm or corporation violating any of the provisions of §§ 150.001 through 150.011, 150.025 through 150.035, 150.050 through 150.054, 150.057 and 150.075 through 150.078 shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than $25 nor more than $500 for each conviction or shall be punished by imprisonment for a period not to exceed 90 days for each offense, or by both such fine and imprisonment in the discretion of the court together with the costs of such prosecution.
(1979 Code, § 5.161)
      (2)   A separate offense shall be deemed committed upon each day during or when a violation occurs or continues.
(1979 Code, § 5.164)
      (3)   The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.
(1979 Code, § 5.165)
   (C)   (1)   Any person who violates any of the provisions of §§ 150.115 through 150.121 shall be deemed guilty of a misdemeanor and shall be punished in accordance with the general penalty provisions of city ordinance or under state law
      (2)   Any person who violates any of the provisions of §§ 150.115 through 150.121 shall also be subject to a civil action seeking invalidation of the land division and appropriate injunctive or other relief.
(Ord. 62, passed 5-15-1978; Ord. 161, passed 11-4-2003)