All lots of record created after May 9, 2004, shall have frontage on a public street.

(Code 1979, § 11:1.511)

No building in the rear of and on the same lot with a principal building shall be used for residential purposes except for watchmen, caretakers and domestic employees whose employment is related to the functions of the principal building, provided that all other requirements of this article are satisfied.

(Code 1979, § 11:1.512)

Nothing in this article shall prevent compliance with an order by an appropriate authority to demolish, correct, improve, strengthen or restore to a safe condition any building declared to be unsafe.

(Code 1979, § 11:1.513)

The final grade surface of ground areas remaining after the construction of a building or structure and any earth changes made in connection with the use of land shall be designed and landscaped such that surface water flows away from the building or structure and is collected or managed in a manner which avoids: any increase in surface water discharge onto adjacent properties or public roads, the erosion of or filling of any road ditch; the blockage of any public watercourse; the creation of standing water over a private sewage disposal drainage field, and any unnecessary impoundment of surface water. When it is determined by the code enforcement officer, after consultation with the City engineer, that inadequate surface water control exists, no certificate of occupancy shall be issued until the situation is corrected and approved by the code enforcement officer.

(Code 1979, § 11:1.514)

After May 9, 2004, no structure for human occupancy shall be erected, altered or moved upon any lot or premises and used in whole or in part for dwelling, business, industrial or recreational purposes unless it shall be provided with a safe, potable water supply and with a safe and effective means of collection, treatment and disposal of human excreta and domestic, commercial and industrial wastes. All such installations and facilities shall conform with the minimum requirements of the Delta-Menominee District Health Department, state department of public health and/or department of environmental quality.

(Code 1979, § 11:1.515)

All development in all districts shall conform to part 91 of the Natural Resources and Environmental Protection Act (MCL 324.9101 et seq.), the State Soil Erosion and Sedimentation Control Act.

(Code 1979, § 11:1.516)

No structure shall be used for dwelling purposes that does not meet the minimum standards, as defined in this article, article III of chapter 103 (property maintenance code), and the Stille-Derossett-Hale Single Construction Code Act (MCL 125.1501 et seq.). No garage or other accessory building, trailer coach, cellar, basement, tent, cabin, partial structure, whether of a fixed or portable construction, shall be erected or moved onto a lot and used for any dwelling purpose for any length of time. The terms "cellar" and "basement," as used in this section, shall not be construed to include earth-sheltered homes.

(Code 1979, § 11:1.517)

Application to erect or install temporary buildings or structures for use during the construction process, for uses incidental to construction work, shall be included in the permit application for the construction to which they pertain. Such temporary buildings or structures shall be removed prior to a certificate of occupancy being issued for the construction to which they pertain. Temporary structures for other purposes may be erected only pursuant to a variance granted by the construction board of appeals, and shall comply with the provisions of the building code governing temporary structures.

(Code 1979, § 11:1.518)

(a)

Required planting screens. Except in districts R-1, R-2, R-3 and PL, wherever any parking, loading, trash collection, outdoor storage, merchandising or service area lies within 50 feet of any R-1, R-2 or R-3 district, a planting screen of sufficient length to interfere with the view thereof from the adjoining district shall be required unless the view is otherwise blocked. Where, because of intense shade or soil conditions, a planting screen cannot be expected to thrive, a wooden fence or masonry will be substituted.

(b)

Planting screen specifications.

(1)

All planting screens required by this article shall consist of plants at least 30 inches high when planted, maintained in a healthy condition and so pruned as to provide maximum opacity from the ground to a height of five feet. One of the plant materials in the following list shall be used and plants shall be located no farther apart than the distance indicated in each case.

(2)

Substitution of other plant materials shall be permitted only upon certification by the code enforcement officer that the proposed planting can be expected to thrive and provide equivalent screening and will create no nuisance or hazard.

(c)

Required tree plantings. In every zoning district in which there is a required percentage of lot area devoted to landscaped open space, one tree is required for each 2,000 square feet or fraction thereof on each lot. Such trees are required whenever any improvement is made which requires site plan approval. All trees required by this section shall be at least ten feet high when planted after May 9, 2004, and shall be maintained in a healthy condition. They shall not be pruned, except to remove dead wood, in such a manner to prevent growth to a height of at least 15 feet or to reduce existing height below 15 feet. Where new tree plantings are otherwise required, existing trees having a height of at least eight feet may be counted as required trees if not of one of the varieties prohibited below and if the earth under their branches remains undisturbed. The following varieties of trees are prohibited in meeting the requirements of this section: poplars, willows, American elms, seed bearing locusts, box elders and any species which does not normally grow to a height of 15 feet in the City.

(d)

Time of completion; maintenance. All tree plantings and planting screens required by this article shall be installed prior to occupancy or commencement of use, where compliance with the preceding sentence is not possible because of the season of the year, the code enforcement officer shall grant an appropriate delay, but shall issue no permanent certificate of occupancy until completion of all required plantings. Any zoning compliance permit or certificate of occupancy may be revoked, after 30 days' written notice, whenever planting screens or required tree plantings are not maintained as required in this article.

(Code 1979, §§ 11:1.1030—11:1.1033)

(a)

The total area of all accessory buildings which are accessory to a one-family or two-family dwelling, together with the area of any garages which may be part of the one-family or two-family dwelling, when added together shall not exceed 900 square feet unless the dwelling is located on a lot with an area exceeding 10,000 square feet in area; in which case, the total area of accessory buildings and attached garages may not exceed nine percent of the area of the lot, or 1,100 square feet, whichever is less.

(b)

The total area of all accessory buildings which are accessory to a multiple-family dwelling, together with any attached garages which may be part of the multiple-family dwelling, when added together shall not exceed 400 square feet per dwelling unit.

(Code 1979, § 11:1.521)

The parking and/or storage, other than in the public right-of-way, of any vehicle with a gross vehicle weight rating (GVWR) of 10,000 pounds or more is not permitted to exceed four hours in any 24-hour period in any residential district.

(Code 1979, § 11:1.522)

(a)

The parking and/or storage of recreational vehicles, snowmobiles, motorcycles, scooters, three and four wheelers, boats, golf carts and other similar vehicles is not permitted in any front yard of any dwelling. The parking and/or storage of said vehicles elsewhere on the lot is permitted, providing applicable side and rear yard setbacks are met as they pertain to accessory buildings, and also providing that said vehicles are operable.

Note— Parking in a driveway, not to exceed 48 hours during any seven day period is exempt from these provisions.

(b)

Long term parking and storage of recreational vehicles in a driveway is allowed if special circumstances exist.

(Code 1979, § 11:1.523)

For any lot existing when this section was originally enacted which is divided into two or more districts by this division, and which is less than 20,000 square feet in area, the owner may, at his option, use the entire lot for any purpose allowed by this division for any portion of the lot.

(Code 1979, § 11:1.524)

Any residential lot created prior to May 9, 2004, may be used for any permitted use even though the lot area and/or dimensions are less than those required for the district in which the lot is located provided:

(1)

That the other dimensional requirements of the district are met;

(2)

That no contiguous land or lot is owned by the owner of the lot in question;

(3)

That no lot shall be so reduced in area that the required open spaces will be smaller than those established as a minimum for the district in which the lot is located; and

(4)

That any lot so excepted shall be no less than 40 feet in width, at the street line.

(Code 1979, § 11:1.531)

(a)

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

(b)

Where a residential use exists as a nonconforming use, other uses shall not be commenced or continued within the required front, rear, and side yards of the principal residential structure as stated in this division for the district having the smallest yard requirement in which the existing residential use would be a use by right if it were located in said district.

(c)

Where a minimum area requirement for any use is specified in this division, no other use shall be commenced within that required area.

(Code 1979, § 11:1.532)

The division or reduction in size of a lot is prohibited, unless approved following application to the planning commission. The application shall be on a form approved by the planning commission, and shall be filed with the City assessor. No building permit shall be issued or any building construction commenced on any lot or residual created by division of a lot prior to planning commission approval. No lot shall be divided in such a way that any new or residual lot resulting from the division fails to comply with the minimum dimensions or lot area herein prescribed. The division of a lot resulting in a parcel of land that is smaller in area than prescribed herein may be permitted only if the nonconforming parcel so created is added to an adjacent existing lot. The application shall so state and shall be in affidavit form.

(Code 1979, § 11:1.533)

When there is a public alley at the rear of a lot upon which the lot abuts for its full width, measurements of the depth of the rear yard may be made to the centerline of such alley.

(Code 1979, § 11:1.541)

(a)

Paved areas, patios and porches without roofs shall not be subject to side and rear yard requirements provided:

(1)

The paved area, patio, or porch is without walls, parapets or other forms of enclosure, except guardrails meeting the minimum requirements of the building code or fences as allowed by this division;

(2)

The highest finished elevation of the paved area, patio, or porch is not over four feet above the average surrounding finished ground grade; and

(3)

No portion of any paved area, patio, or porch, except a paved driveway, is closer than five feet to any lot line. A paved driveway shall be set back two feet from any property line which does not abut a public road or alley.

(b)

Enclosed porches and unenclosed porches with roofs shall be considered an integral part of the building and shall, therefore, be subject to all yard and area dimensional requirements established for principal buildings.

(c)

Special structural elements such as cornices, sills, belt courses, chimneys, gutters, eaves, pilasters and similar structural features may project into any yard a maximum of 1½ feet, provided that they are at least 1½ feet from any property line.

(d)

Outside stairways and balconies which are unenclosed and without roofs, and which connect to floors above the first floor may project into the yard area a maximum of five feet, provided that they are at least 1½ feet from any property line.

(e)

Porches which are without roofs and without walls, parapets or other forms of enclosure except guardrails meeting the minimum requirements of the building code may project into a front yard a maximum of six feet, provided that they are at least five feet from any front property line. Exception: The porch may be roofed if it does not exceed eight feet in width, measured parallel to the front line of the building.

(f)

Stairways not exceeding eight feet in width, leading from ground level to a porch or landing at or below the level of the first floor shall be allowed in the required front yard, provided that the stairway is without a roof and the lowest riser of the stairway is at least three feet from the front property line.

(Code 1979, § 11:1.542)

Where residential uses exist in districts where other uses are permitted, whether or not the residential use is conforming in that district, no other use shall be conducted in whole or in part in those portions of the lot lying between the principal building and any street. For corner lots, this prohibition shall extend to the area of the lot lying between the street property lines and the front building lines of the principal building.

(Code 1979, § 11:1.543)

(a)

The following structural appurtenances shall be permitted to exceed the height limitations:

(1)

Ornamental in purpose, such as church spires, belfries, cupolas, domes, ornamental towers, flag poles and monuments.

(2)

Appurtenances to mechanical or structural functions, such as chimneys and smoke stacks, water tanks, elevator and stairwell penthouses, ventilators, bulkheads, radio towers, masts, aerials, television antennas, fire and hose towers and cooling towers.

(3)

Commercial freestanding towers when not attached to a building or structure, shall be constructed in compliance with state and federal regulations pertinent thereto.

(4)

Freestanding towers, such as TV or radio towers, intended primarily to serve the occupants of the main structure, shall not exceed 1½ times the structural height limitations for structures in that district.

(b)

Height exceptions for other structural appurtenances may be authorized by the code enforcement officer or planning commission, as applicable, during site plan review only when all of the following conditions are satisfied:

(1)

No portion of any building or structure, permitted as an exception to a height limitation, shall be used for human occupancy or for commercial enterprise.

(2)

Any structural exception to height limitations shall be erected only to such height as may be necessary to accomplish the purpose it is intended to serve, so as not to become a hazard.

(3)

If the roof area of structural elements permitted to exceed the height limitations exceed 20 percent of the gross roof area, they shall be considered as integral parts of the whole structure and thereby shall not exceed the height limitations.

(Code 1979, § 11:1.551)

There shall be no height exceptions permitted for residential structures in residential districts.

(Code 1979, § 11:1.552)

(a)

In any business or industrial district, any principal building may be erected to a height in excess of that specified for the district, provided each front, side and rear yard is increased one foot for each one foot of such additional height.

(b)

In those districts not requiring one or more yard setbacks, any portion of a principal building may be erected to a height in excess of that specified for that particular district, provided that such portion is set back from all street, lot and required yard lines one foot for each foot of additional height.

(Code 1979, § 11:1.553)

It shall be unlawful for any person to construct or cause to have constructed any fence, wall, hedge or fence screen upon any property within the City, except in accordance with the requirements provided herein. Any person desiring to build or cause to be built a fence upon property in the City shall first apply to the office of the code enforcement officer for a permit. The applicant, in fulfillment of the permit requirements, shall provide the code enforcement officer with any information necessary for the determination of whether the erection of the proposed fence would be contrary to the provisions of this division and the state construction code.

(Code 1979, § 11:1.560)

The board of appeals may authorize a variance of any of the requirements of this division upon request, providing the standards established in division 3 of article II of this chapter are fully met.

(Code 1979, § 11:1.564)

(a)

Application. An application for a fence permit shall be made to the office of the code enforcement officer by submission of a form designed for this purpose. The owner of the property on which the fence is proposed to be located or his agent or lessee shall submit an application. Said application shall contain the following information:

(1)

Property owner's name and address;

(2)

Applicant's name, address and phone number;

(3)

Address and legal description of the property on which the fence is proposed;

(4)

Location of fence, including distances from property boundaries;

(5)

Height and length of fence;

(6)

Complete construction plans and specifications for the fence; and

(7)

Survey of property or other information determined necessary to locate property lines.

(b)

Review of applications. The code enforcement officer shall review all properly filed applications for fence permits and issue permits only for those applicants fully meeting the criteria established in this division and the state construction code. The code enforcement officer shall approve or reject.

(c)

Fees. A schedule of permit fees shall be established and amended from time to time to reflect the cost of administering this division, by resolution of the City Council.

(Code 1979, §§ 11:1.561—11:1.563)

(a)

In this section, the term "fence" means any fence, wall, hedge or fence screen.

(b)

No part of a fence, wall, hedge or fence screen shall intrude into or break the vertical plane at the property line. Shrubs and trees planted for the purpose of creating a hedge shall be planted so that the trunk or main stem of the plant is no closer than three feet from any property line.

(c)

No fence, wall, hedge or fence screen shall hereafter be erected within a required front yard in excess of 48 inches in height or which obstruct vision to an extent which exceeds 50 percent. This subsection does not prevent fences which obstruct vision to an extent not greater than 20 percent, with no part or element of the fence greater than six inches in its maximum diameter or width.

(d)

No fence, wall, hedge or fence screen shall hereafter be erected within a required side yard in excess of 48 inches in height. This subsection does not prevent fences in a required side yard which are located at least 12 feet from any dwelling on an adjoining parcel of land (measured perpendicular to the fence).

(e)

No fence shall hereafter be erected in excess of six feet in height in a D-1 or residential district.

(f)

All fences hereafter erected adjacent to an alley shall be set back a minimum of ten feet from the centerline of an alley.

(g)

Fences in residential districts shall not contain barbed wire or chainlink fences with sharp wire edges exposed.

(h)

Fences located in a required side or rear yard in an industrial or commercial district may be extended to ten feet without restriction as to solid matter or closed construction.

(i)

Decorative or ornamental sides of fence, wall and fence screen shall face the adjoining properties (face the outside). This subsection does not apply to fences fronting on an alley.

(Code 1979, § 11:1.565)

(a)

No fence shall be constructed or maintained which is charged or connected with an electrical current.

(b)

No fence, wall, sign, screen or any planting shall be erected or maintained in such a way as to obstruct vision between a height of three feet and ten feet within the triangular area formed by the intersection of the street right-of-way lines and a line connecting two points which are located on those intersecting right-of-way lines 30 feet from the point of intersection of the right-of-way lines. The three-foot height limit shall be measured from the lowest elevation of the segment or the intersecting roads' centerline which lies between the point of intersection of the other centerline and the extension of line drawn through the points 30 feet from the intersection of the right-of-way lines. This subsection does not apply to fences which obstruct vision to an extent not greater than 20 percent, with no part or element of the fence greater than six inches in its maximum diameter or width.

(c)

Except in a residential district, no fence, wall, sign, screen or any planting shall be erected or maintained in such a way as to obstruct vision between a height of three and ten feet within the triangular area formed by the intersection of a street right-of-way line and a driveway and a line connecting two points which are located on the right-of-way line and the driveway 20 feet from the point of intersection of the right-of-way line and the driveway. The three-foot height limit shall be measured from the lowest elevation of the segment of the intersecting road and the driveway's extension of the line drawn through the points 20 feet from the intersection of the right-of-way line and the driveway. This subsection does not apply to fences which obstruct vision to an extent not greater than 20 percent, with no part or element of the fence greater than six inches in its maximum diameter or width.

(Code 1979, § 11:1.566)

(a)

Fences shall be located and maintained so as not to endanger life or property.

(b)

Any fence which, through lack of repair, type of construction or otherwise, endangers life or property is hereby declared a nuisance, and unsafe.

(c)

Any fence which through dilapidation shall become out of plumb at an angle greater than 30 degrees from the vertical is hereby declared a nuisance, and unsafe.

(d)

If unsafe conditions exist in regard to a fence, the code enforcement officer shall serve on the owner, agent, or person in control of the property upon which the fence is located a written notice describing the unsafe condition and specifying the required repairs or modifications to be made to render the fence safe, or requiring the unsafe fence or any portion thereof to be removed, and shall provide a time limit for such repair, modification or removal.

(Code 1979, § 11:1.567)

(a)

Definition. In this section, the term "home occupation" means a use conducted entirely within an enclosed dwelling, employing only inhabitants of the dwelling except as indicated in this section, which is clearly incidental and secondary to residential occupancy and does not change the character of the dwelling, and which complies with all of the requirements of this section. The term "home occupation" includes the use of a single-family residence by an occupant of that residence for a home occupation to give instruction in a craft or fine art within the residence.

(b)

Location. Home occupations are permitted in the following districts: R-1, R-2, R-3, R-4, D-1, and in existing nonconforming residential uses in other districts.

(c)

Intent. It is the intent of this section to eliminate as home occupations all uses except those which conform to the standards set forth in this section, in order to maintain the character of a neighborhood, avoid nuisance to neighbors, and reduce strain on public funds. Custom and tradition are intentionally excluded as criteria. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence other than an announcement or identification sign in accordance with the sign provisions of this division. The standards for home occupations are intended to ensure compatibility with other permitted uses as clearly secondary or incidental status in relation to the residential use of the principal building as the criteria for determining whether a proposed accessory use qualifies as a home occupation.

(d)

Standards.

(1)

No persons other than members of the immediate household permanently occupying the dwelling shall be employed in the home occupation, except as allowed in subsection (f) of this section.

(2)

No more than 50 percent of the area of one story of the principal building shall be devoted to the home occupation, not to exceed 600 square feet.

(3)

The outdoor storage of materials and outdoor activities shall not be permitted, except as allowed in subsection (f) of this section.

(4)

Dwelling units other than single-family residences housing home occupations which generate traffic and result in customers shall have an exterior entrance which is exclusive to that dwelling and accessible to the public.

(5)

No home occupation shall create noise, dust, vibration, smell, smoke, glare, electrical interference, excessive vehicular traffic or any hazard or nuisance to any greater or more frequent extent than that usually experienced in any average residential district under normal circumstances where no home occupations exist.

(6)

No home occupation (use) shall be permitted which would change the fire rating of the dwelling.

(7)

The home occupation shall be conducted entirely within the principal building that is used as the residential dwelling.

(8)

An accessory building may be used for storage of items incidental to the home occupation and shall not exceed 600 square feet.

(9)

No home occupations shall be permitted which utilizes explosives or hazardous substances or results in the production of explosives or hazardous materials.

(e)

Registration. All persons intending to conduct a home occupation shall register the home occupation with the code enforcement officer.

(f)

Day care homes. The uses defined in section 109-1 as family day care homes and group day care homes shall be considered to be a home occupation for purposes of enforcement of this Code. An outdoor play area shall be permitted. A group day care home may employ one individual who is not an inhabitant of the dwelling in which the day care activity is conducted.

(Code 1979, § 11:1.581)

(a)

Defined. Please refer to section 109-1.

(b)

Location. Echo apartments are permitted in single-family dwellings only.

(c)

Intent. It is the intent of this section to allow echo apartments in households where, because of advancing age, illness or death of a spouse or other family member, assistance or companionship is needed. The individual requiring the assistance may reside in either the echo apartment or the principle dwelling unit.

(d)

Standards.

(1)

No alteration or conversion of the area devoted to the echo apartment shall take place without the acquisition of a building permit.

(2)

The echo apartment may continue as long as the medical or other reason for allowing the echo apartment exists. Upon cessation of the medical or other condition, the echo apartment shall be converted for use exclusively as a single-family residence.

(Code 1979, § 11:1.582)

(a)

Structures included. This section applies to public utility transfer stations and substations, gas regulator stations and radio, television and microwave transmitting and receiving apparatus, but excluding freestanding towers.

(b)

Location. All districts.

(c)

Standards.

(1)

The lot area and width shall not be less than that specified for the district in which the proposed use is located.

(2)

The yard and setback requirements shall not be less than that specified for the district in which the proposed use is located.

(3)

No building shall be erected to a height greater than that permitted in the district in which the proposed use is located.

(4)

Not more than 30 percent of the lot area may be covered by buildings.

(5)

All buildings shall be harmonious in appearance with any surrounding residential area and screened by suitable plant material and shall be fenced as approved by the planning commission.

(6)

Where mechanical equipment is located in the open, it shall be screened from any surrounding residential area by suitable plant material and shall be fenced as approved by the planning commission.

(7)

All signs and off-street parking shall be in compliance with this chapter.

(Code 1979, § 11:1.583)

The following provisions apply to public recreation and playground areas:

(1)

Location. R-2, R-3, R-4 and D-1.

(2)

Standards.

a.

The proposed site shall be at least 20,000 square feet in size.

b.

Playground areas shall be provided with a four-foot fence along streets and adjacent property lines.

c.

Buildings and structures shall meet the dimensional requirements of the district in which they are located.

d.

All buildings shall be harmonious with the surrounding residential area.

e.

All signs and parking shall comply with this chapter.

(Code 1979, § 11:1.584)

The following provisions apply to lodginghouses and boardinghouses:

(1)

Location. R-2, R-3 and D-I.

(2)

Standards.

a.

Subject dwelling shall be occupied by a resident family.

b.

No more than four nontransient roomers may be accommodated in the dwelling.

c.

A proposed parking plan shall be reviewed and approved by the code enforcement officer prior to the boarding of any nontransient roomers. Parking spaces for all vehicles must be accommodated on the subject parcel and will not be permitted in the front yard.

(Code 1979, § 11:1.585)

The following provisions apply to automobile/gasoline service station and automobile repair/commercial garages:

(1)

Location. D-1, C-1 and C-2.

(2)

Standards. All automobile/gasoline service stations and automobile repair/commercial garages shall comply with the following standards:

a.

The minimum site size shall be 10,000 square feet, unless gasoline is sold, in which case, the minimum site size shall be 15,000 square feet, and in addition, meet the following:

1.

Have 500 square feet of site area for each additional pump over four and an additional 1,000 square feet for each service bay over two.

2.

Where convenience retail is included as a use, there shall be one parking space or an additional 200 square feet for each 50 square feet of retail sales area.

b.

The minimum site width shall be 100 feet, unless gasoline is sold, in which case the minimum site width shall be 150 feet.

c.

Building and structure setbacks: Fuel dispensers shall be set back no less than 50 feet from all street or highway right-of-way lines and shall be no closer than 25 feet from any property line.

d.

Access drives: There shall be no more than two access driveway approaches from each public street, each of which shall be no less than ten feet nor wider than 40 feet in width at the property line.

1.

The entire service area shall be paved with a permanent surface of concrete or asphalt.

2.

No driveway or curb cut shall be located within 15 feet of an adjoining property line.

3.

Any two driveways shall be separated by at least 20 feet.

e.

Tree lawn areas, except where crossed by access drives, shall be planted and maintained as lawn or landscaped areas, and shall not be paved.

f.

All equipment, including hydraulic hoist, pits, greasing and washing areas, repair bays and the like, shall be fully enclosed within a building.

g.

All activities, except those carried on at the gas pump, shall take place within a fully enclosed building.

h.

All sign and name plates shall comply with section 109-463.

(Code 1979, § 11:1.586)

No adult book store, adult motion picture theater, adult cabaret, establishment selling beer or intoxicating liquor for consumption on the premises, pawn shop, pool hall or billiard hall, tattoo parlor, adult video rental, shoe shine parlor or dance hall shall be established after May 9, 2004, within 1,000 feet of any existing such use or within 500 feet of any residential use. These requirements may be reduced or waived by the board of appeals if it determines that the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and purpose of this article will be observed, that the proposed use will not enlarge or encourage the development of a skid row area, that the establishment of the proposed use will not be contrary to any program of neighborhood conservation or urban renewal program and that all applicable regulations of this chapter will be observed.

(Code 1979, § 11:1.587)

The following provisions apply to fast food establishments without drive-through service:

(1)

Locations. C-1, C-2 and D-1.

(2)

Standards. The standards and requirements set forth in section 109-426, fast food establishments with a drive-through service are applicable to this use.

(Code 1979, § 11:1.588)

The following provisions apply to open outdoor storage, contractor yards, wood yards, building materials sales (with outdoor storage):

(1)

Locations. C-1, C-2 and D-1.

(2)

Standards. Please refer to section 109-429, lumber and building supply yards with outdoor storage, heavy construction contractor establishments and open outdoor storage for standards and requirements applicable to uses falling under this chapter.

(Code 1979, § 11:1.589)

The following provisions apply to jobbing and machine shops and research and development laboratories:

(1)

Locations. C-1 and M-1.

(2)

Standards.

a.

Shall conform to the performance standards contained in section 109-423.

b.

The manufacturing, testing or development of explosive materials is prohibited.

c.

Outdoor activities and the storage of materials is prohibited.

(Code 1979, § 11:1.590)

The following provisions apply to individual self-storage facilities:

(1)

Location. M-1, C-1, C-2, and D-1.

(2)

Standards.

a.

The use of the premises shall be limited to storage of personal property only, and shall not be used for operating any other business or activity, or for storage of merchandise or stock-in-trade.

b.

No storage of combustible or flammable liquids, combustible fibers or explosive materials as defined in the fire prevention code shall be permitted within the self-storage facility. A permanent placard shall be placed within each individual storage unit notifying the tenant of this prohibition.

c.

No storage outside of a self-storage building shall be permitted.

d.

The maximum building height of any structure shall be 20 feet.

e.

No building shall be located closer than 20 feet to any property line, except that where the property line abuts a residential district, then no building shall be located closer than 40 feet to the contiguous residential-zoned property.

f.

Where the site abuts a residential district, there shall be provided a six-foot high chainlink fence.

g.

All areas of the property subject to vehicular traffic shall be paved with concrete or bituminous paving.

h.

Maximum lot coverage shall not exceed 40 percent.

(Code 1979, § 11:1.591)

The following provisions apply to vehicle sales:

(1)

Location. C-1.

(2)

Standards.

a.

The minimum area devoted exclusively to this use shall be 15,000 square feet.

b.

The minimum frontage of the area devoted to this use on a single public street shall be 100 feet.

c.

Every site devoted to this use shall be provided with a building of at least 600 square feet, containing a toilet room meeting the requirements of the state building code and the sanitary code of the Delta-Menominee District Health Department, one service bay with minimum dimension of 16 by 24 feet, and an office area where business is conducted.

d.

All outdoor areas used for the display of vehicles for sale, as well as drives and customer parking areas, shall be paved with concrete or bituminous paving.

(Code 1979, § 11:1.592)

The following provisions apply to borrow pits:

(1)

Location. All districts.

(2)

Standards.

a.

Excavated material shall not be removed from a lot within the City except for purposes of site development of the lot from which the excavated material originates, as part of a specific construction or development project otherwise permitted by this chapter.

b.

If, when completed, the proposed excavation will meet the definition of a pond as stated in this chapter, the resulting pond shall comply with the standards set forth in section 109-732.

c.

Prior to the removal of more than 500 cubic yards of excavated material from a lot, written application for a zoning permit shall be made to the code enforcement officer by the owner of the lot from which excavated material is to be removed, or by the owner's agent. The application shall state:

1.

The quantity of excavated material to be removed.

2.

The reason for removal of the excavated material.

3.

The final grade of the lot from which the material is to be removed, in the form of a topographic drawing.

4.

The property or properties where the excavated material will be deposited.

5.

A description of the materials to be removed.

(Code 1979, § 11:1.593)

The following provisions apply to ponds:

(1)

Location. All districts.

(2)

Standards.

a.

A pond shall not be constructed on a lot less than one acre in size.

b.

A pond having a slope steeper than one foot vertical to four feet horizontal between a line placed eight feet inland and parallel to the water's edge and a bottom contour line placed at six-foot depth shall be enclosed as required by the building code for private swimming pools.

c.

A pond shall not be constructed within 50 feet of any property line.

(Code 1979, § 11:1.594)