Memphis City Zoning Code
CHAPTER 154
BUILDING REGULATIONS
§ 154.01 AGENCY DESIGNATED.
(A) Pursuant to the provisions of the State Construction Code, in accordance with §§ 8.1 through 8.4 of Public Act 230 of 1972, being M.C.L.A. §§ 125.1501 through 125.1531, as amended, the Building Official of the city is hereby designated as the enforcing agency to discharge the responsibility of the city under Public Act 230 of 1972, being M.C.L.A. §§ 125.1501 through 125.1531, as amended.
(B) The city assumes responsibility for the administration and enforcement of said Act through out the corporate limits of the community adopting the this chapter.
(Ord. 183, passed 4-20-1020)
§ 154.02 CODE APPENDIX ENFORCED.
Pursuant to the provisions of the State Construction Code, in accordance with § 8b(6) of Public Act 230 of1972, being M.C.L.A. §§ 125.1501 through 125.1531, as amended, Appendix G of the State Building Code shall be enforced by the enforcing agency within the city.
(Ord. 183, passed 4-20-2010)
§ 154.03 DESIGNATION OF REGULATED FLOOD PRONE HAZARD AREAS.
(A) The Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) entitled “St. Clair County, Michigan (All Jurisdictions) Flood Insurance Study” and dated May 3, 2010 and the Flood Insurance Rate Map (FIRM) panel number 26147C:0294D and dated May 3, 2010 shall be used to regulate development in the city jurisdictional areas within St. Clair County.
(B) The Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) entitled “Macomb County, Michigan (All Jurisdictions) Flood Insurance Study” dated September 29, 2006 and the Flood Insurance Rate Map (FIRM) panel number 26099C 0069G dated September 29, 2006 shall be used to regulate development in the city jurisdictional areas within Macomb County.
(C) Both FIRM panels are adopted by reference and declared to be a part of § 1612.3 of the State Building Code and part of § R323.1 and Table R301.2(l) of State Residential Code.
(Ord. 183, passed 4-20-2010)
§ 154.04 DISH-TYPE TELEVISION ANTENNA.
(A) Dish-type television antenna.
(1) Definition. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
TELEVISION DISH. Any parabolic, dish-type, whether circular or oval, receiving antenna used for receiving communications or television signals from a satellite whether such signals are received directly or indirectly.
(1979 Code, § 8.5)
(B) Prohibition; except as allowed by ordinance. Except as provided herein, no television dish shall be erected, constructed, altered or maintained on any premises within the city.
(1979 Code, § 8.6)
(C) Installation requirements.
(1) Before any person shall erect, install, construct or alter any television dish on any premises in the city, said person shall apply for a building permit.
(2) The Building Official shall be responsible for the issuance of permits allowing erection, installation, construction or alteration of any television dish in the city and shall conduct such inspections as may be required to assure the provisions of this section are met.
(3) No television dish shall be erected, installed, constructed or attached in any way to a building or other structure or to any television or radio receiving tower.
(4) The base of any television dish shall be placed at and anchored at ground level.
(5) No television dish may be placed nearer than five feet from any property line.
(6) No television dish may be placed in any street setback area.
(7) Any television dish shall be anchored to a footing or secured in a manner such that it can withstand winds in excess of 75 mph.
(8) All wiring used in conjunction with the television dish shall be placed underground or otherwise obscured from view.
(9) Any television dish shall be obscured from view on all sides, except the side facing the structure it is appurtenant to, by means of a fence of material compatible with the structure it is appurtenant to or a greenbelt of evergreen (coniferous) trees, either of which shall, at the time of installation, be at the same height as the television dish and either of which shall be of maximum opacity.
(10) No person shall construct, erect or install more than one television dish per lot as defined in Ch. 150.
(11) The maximum height of any television dish from ground level shall be 13 feet; the maximum diameter of any television dish shall be ten feet.
(12) No person shall use or maintain a television dish that is not permanently affixed to the premises in accordance with this section
(1979 Code, § 8.7)
(D) Approval of television dish antenna by Building Inspector. No television dish shall be made operational until written approval of the finished installation is approved by the Building Inspector.
(1979 Code, § 8.8)
(E) Variance for television dish antenna. If any person, because of lack of sufficient property upon which to construct a television dish, cannot comply with the terms of this subchapter such person may apply to the City Council for variance from strict application of its terms. Variance may be granted only when plans have been submitted exhibiting the need for a variance and assuring that the television dish desired can be constructed in such a manner that will not be a hazard to the public health, safety or welfare and will not be placed in such a manner as to create a vision obstruction for neighboring land owners or be aesthetically incompatible with the improvements on properties within a distance of 500 feet in any direction.
(1979 Code, § 8.9)
Penalty, see § 154.99
§ 154.05 BUILDING ADDRESS NUMBERS.
(A) All houses and buildings fronting on public streets in the city shall be numbered with the correct number, as is on record with the City Clerk, easily readable from the street. Assigned numbers shall be displayed with block or Arabic style numerals in a color that clearly contrasts with the background. Address displays in script style numbers are prohibited.
(B) Address numbers shall be a minimum of three inches high and shall be located either near the front or main entrance or on a surface that is easily readable from the street but not less than 24 inches from the ground. Additional displays of assigned numbers may be used. Houses or buildings that are set back more than 100 feet from the roads edge, shall be required to display address numbers within 25 feet of the same roads edge and within 20 feet of the driveway on a surface that is easily visible from, the street. Mailboxes and the poles that support them are only acceptable if it is the only one in front of the house or building.
(C) Any property owner erecting any house or building in the city shall report to the City Clerk the location thereof and procure the correct address number to be placed on said house or building or the City Clerk may deliver said number to the owner and notify the owner of the provisions in this subchapter.
(D) The responsibility for the displaying of the correct assigned number for each existing house and building in the city as of the effective date of this section shall rest with the property owner, trustee or agent of each house or building.
(E) Any person who shall fail to comply with any of the provisions of this section or who shall number, or attempt to number, any house or building other than in conformity with this section or who shall fail to exchange his or her number, if wrong, within 60 days of the effective date of this section and thereafter within 30 days after being notified in writing to do so by the Chief of Police, shall be responsible for a municipal civil infraction.
(Ord. 168, passed 6-5-2007; Ord. 191, passed - -) Penalty, see 154.99
§ 154.06 STILLE-DEROSSETT HALE SINGLE STATE CONSTRUCTION CODE ACT.
Pursuant to § 8b(6) Stille-DeRossett Hale Single State Construction Code Act, Public Act 230 of 1972, being M.C.L.A § 125.1508b(6), the city hereby elects to administer and enforce the Public Act 230 of 1972 and the State Mechanical Code. The city shall also administer and enforce the respective provisions of the State Residential Rehabilitation and Uniform Energy Codes and all applicable laws and ordinances. A government official registered in accordance with Public Act 54 of 1986 shall be appointed to receive all fees, issue permits, plan reviews, notices, orders, and certificates of use and occupancy. All personnel performing plan reviews and inspections shall be registered in accordance with Public Act 54 of 1986.
(Ord. 192, passed 8-1-2012)
§ 154.20 BOCA CODE ADOPTED BY REFERENCE.
Pursuant to the provisions of § 8 of the State Construction Code Act (Public Act 230 of 1972, being M.C.L.A. §§ 125.1501 et seq., the State Plumbing Code is hereby adopted by reference. Said code consists of the BOCA Basic Plumbing Code, 1993 edition.
(1979 Code, § 8.21) (Ord. 121, passed 3-21-1995)
§ 154.21 REFERENCES IN THE CODE.
References in the State Plumbing Code to STATE shall mean the State of Michigan; references to MUNICIPALITY shall mean the City of Memphis; references to the MUNICIPAL CHARTER shall mean the Memphis City Charter and references to LOCAL ORDINANCES shall mean the Memphis City Code.
(1979 Code, § 8.22) (Ord. 121, passed 3-21-1995)
§ 154.22 FEE SCHEDULE.
Section P-113.2 of the 1993 BOCA Basic Plumbing Code is amended to read as follows: The permit fees for all plumbing work shall be as adopted by Resolution of the Memphis City Council.
(1979 Code, § 8.23) (Ord. 121, passed 3-21-1995)
§ 154.23 CONNECTION TO PUBLIC WATER AND SEWER SYSTEMS.
Section P-303.0 of the 1993 BOCA Basic Plumbing Code is amended to include § 303.2 to read as follows: A public water supply system or public sewer system shall be deemed available to premises used for human occupancy if said public water or sewer is within 100 feet of the nearest property line of said premises.
(1979 Code, § 8.24) (Ord. 121, passed 3-21-1995)
§ 154.24 ENFORCEMENT.
The plumbing official of the city is hereby designated as the enforcing agency to discharge the responsibilities of the city under of the Public Act 230 of 1972, being M.C.L.A. §§ 125.1501 through 125.1531, as amended. The city hereby assumes responsibility of the administration and enforcement of said Act throughout its corporate limits.
(1979 Code, § 8.25) (Ord. 82, passed 9-21-1982)
§ 154.99 PENALTY.
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) Any person who shall fail to comply with any of the provisions of § 154.05 or who shall number, or attempt to number, any house or building other than in conformity with this section or who shall fail to change his/her number, if wrong, within 60 days of the effective date of this section and thereafter, within 30 days after being notified in writing to do so by the Chief of Police, shall be deemed guilty of a civil infraction and subjected to a fine of not less than $10 and not more than $100.
(B) Any person erecting, using, moving, demolishing, occupying or maintaining any building or structure in violation of §§ 154.20 through 154.24 or causing, permitting or suffering any such violation to be committed, shall be punished by a fine of not more than $500 or be imprisoned for not more than 90 days or by both such fine and imprisonment. Any building or structure erected, used, moved, demolished, occupied or maintained in violation of §§ 154.20 through 154.24 is hereby declared to be a nuisance per se. Upon application to any court of competent jurisdiction, the court may order the nuisance abated and/or the violation, or threatened violation, restrained and enjoined.
(1979 Code, § 8.26) (Ord. 82, passed 9-21-1982)