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

(Code 1963, § 5.61; Ord. of 4-14-80)

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

(1)

Permitted area and placement. No building shall be erected, converted, enlarged, reconstructed, or structurally altered, except in conformity with the area and placement regulations of the district in which the building is located.

(2)

Permitted height. No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, except that penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, smokestacks, water tanks or similar structures may be erected above the height limits herein prescribed. No such structure may be erected to exceed by more than 15 feet the height limits of the district in which it is located; nor shall such structure have a total area greater than ten percent of the roof area of the building; nor shall such structure be used for any residential purpose or any commercial or industrial purpose other than a use incidental to the main use of the building. Public utility structures shall be exempt from the regulations.

(3)

Lot limitations. In one-family zoning districts, only one principal building shall be placed on a lot of record with the exception of parcels of record described and designated as "out lots," which may be so arranged or subdivided as to provide for one or more principal buildings when the land area allocated to each building is equal to or greater than the lot area required for the district and the building and land complies with all other requirements on land subdivided according to the plat act.

(4)

Lots, yards and open spaces. No space which for the purpose of a building has been counted or calculated as part of a side yard, rear yard, front yard, or other open space, including required lot area per dwelling unit, required by this chapter, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard or other open space or lot area requirements for any other building.

(5)

Porches, patios and terraces. An open, unenclosed porch, paved patio, or terrace may project into a required front or rear yard for a distance not to exceed ten feet.

(6)

Projections into yards. Architectural features, as defined not including vertical projections, may extend or project into a required side yard not more than two inches for 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.

(7)

Required street frontage. Any parcel of land which is to be occupied by a use or building, other than an accessory use or building, shall have frontage on and direct access to a public street or private easement which meets the following conditions:

a.

A public street maintained by the city; or

b.

A permanent and unobstructed private easement of record having a width of at least 30 feet.

(8)

Appearance. Any case where a building or accessory building in an I-1, industrial district is erected or placed within 200 feet of the front lot line of any parcel of land fronting upon any public street, the front walls of such distance of 200 feet shall not be constructed of tarred paper, tin, unpainted corrugated metal or any form of pressed board or felt or similar material with the limits herein specified.

(9)

Dwellings in nonresidential districts. No dwelling shall be erected in the C-1, C-3, or I-1 zoning districts. However, the sleeping quarters of a watchman or a caretaker may be permitted in such districts in conformance with the specified requirements of the particular district.

(Code 1963, § 5.62; Ord. of 4-14-80)

(a)

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

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

Such uses are declared by this chapter to be incompatible with permitted uses in the district involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended, except as provided in subsection (f) of this section, nor shall nonconformities 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 of a building or premises or additional signs intended to be seen from off the premises, or by addition of other uses of a nature which would not be permitted generally in the district involved.

To avoid undue hardship, nothing within this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been subsequently 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 of record (substandard lots). In any district in which one-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a one-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the board of appeals.

(c)

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, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity.

(2)

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

(d)

Nonconforming uses of land. Where at the effective date of adoption or amendment of this chapter lawful use of land exists which would not be permitted by the regulations imposed by this chapter, the use may be continued so long as it remains otherwise lawful, provided:

(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 portion of the lot or parcel other than that occupied by such use at the effective date of adoption of this chapter;

(3)

If any such nonconforming use of land ceases for any reason for a period of more than six consecutive months any subsequent use of land shall conform to the regulations specified by this chapter for the district in which such land is located.

(e)

Nonconforming uses of structures. If lawful use involving individual structures or of structure and premises in combination exists at the effective date of adoption or amendments 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 conditions:

(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 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 nonconforming use, provided that approval is secured from the board of appeals and that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. Whenever a nonconforming use has been changed to a conforming use, or to a use permitted in a district of greater restriction, it shall not thereafter be changed to a nonconforming use.

(4)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned 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 conformity with the regulations of the district in which it is located. Structures occupied by seasonal uses shall be excepted from this provision.

(5)

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. Destruction for the purpose of this section is defined as damaged to an extent of more than 100 percent of assessed value at time of destruction.

(f)

Repairs and maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 100 percent of the current assessed valuation of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming 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 the building inspector upon order of such official.

(g)

Nonconforming use; building damaged by fire, etc. Any nonconforming use or nonconforming building which has been destroyed or damaged by fire, explosion, act of God, or by public enemy to the extent of 100 percent of its assessed valuation, exclusive of the foundation at the time such damage occurred, shall thereafter be made to conform with the provisions of this chapter. Where such destruction or damage has occurred, the nonconforming use status of the land on which such building is located shall be removed. If such damage is less than 100 percent of its assessed valuation before such damage occurred, exclusive of the foundation, then such structure may be restored to the same nonconforming use or nonconforming building as existed before such damage, provided that such restoration shall be subject to the approval of the board of appeals. Such restoration shall be commenced within one year of the date of such partial destruction and shall be diligently carried on to completion.

(h)

Change of tenancy or ownership. There may be a change in tenancy, ownership or management of an existing nonconforming use, provided there is no change in the nature or character of such nonconforming use.

(i)

Nonconformities regarding medical marijuana facilities.

(1)

No marijuana facility operating or purporting to operate prior to December 15, 2017, shall be deemed to have been a legally existing use nor shall the operation of such marijuana facility be deemed a legal nonconforming use under this zoning ordinance.

(2)

A property owner shall not have vested rights or nonconforming use rights that would serve as a basis for failing to comply with this zoning ordinance or any amendment thereto.

(3)

Discontinuation of a state medical marijuana facility license shall constitute prima facie evidence that a nonconformity has been discontinued.

(Code 1963, § 5.63; Ord. of 4-14-80; Ord. No. 17-333, § 4, 10-23-17)

(a)

Accessory buildings, in R1 and R2 zoning districts, except as otherwise permitted in this chapter, shall be subject to the following regulations:

(1)

Detached accessory buildings shall not be erected in any yard except a rear yard.

(2)

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.

(3)

No building permit is required if the dimension of the building is less than 200 square feet. However if electrical service is provided to such structure, an electrical permit shall be required.

(4)

The building cannot be put on a permanent foundation, a four-inch concrete slab is not classified as a permanent foundation.

(5)

The building maximum height is to be 12 feet to the highest point of the roof.

(6)

No more than one accessory building is permitted per lot.

(7)

While a building less than 200 square feet does not require a building permit, any building exceeding 120 square feet shall require a zoning compliance permit.

(8)

A carport is classified as an accessory building when detached from main building.

(9)

An accessory building made out of fabric and/or canvas material shall not be allowed except as follows:

a.

Patio, porch, and/or deck canopies that are made out of fabric are allowed as long as the patio, porch, and/or deck exist and as long as the canopy is covers the patio, porch, and/or deck as a sun-shielding device.

b.

An accessory building made out of fabric or canvas may be used for a maximum of a three day period during a calendar month in coordination with a special event. No permit is required for the use of a fabric or canvas accessory building that is being used in conjunction with a special event.

(b)

Garage buildings, in R1 and R2 zoning districts:

(1)

Are those buildings erected on a stationary foundation.

(2)

Shall be constructed harmoniously with the area and shall have roofing and siding compatible with the main building.

(3)

Shall have a minimum 4 in 12 pitch, and shall neither exceed 16 feet from finished grade to the highest point of the roof, nor exceed the highest point of the roof the house.

(4)

The maximum permitted area under the roof of the garage shall not exceed any of the following:

a.

30 percent lot coverage. Lot coverage shall include the area of all structures under the roof, decks whose height is above 24 inches, and all swimming pools.

b.

1,216 square feet.

c.

Area under the roof of the dwelling.

(5)

Shall have a maximum garage door height of ten feet.

(6)

Reserved.

(7)

No more than one detached garage building is permitted per lot.

(8)

A garage within ten feet of the main building must be attached to the main building.

(Code 1963, § 5.64; Ord. of 4-14-80; Ord. No. 98-225, 4-27-98; Ord. No. 04-270, 3-22-04; Ord. No. 16-322, § 1, 3-28-16)

In all zoning districts, off-street parking facilities for the storage and parking of self-propelled motor vehicles for the use of occupants, employees and patrons of the buildings hereafter erected, altered, or extended after the effective date of this chapter, shall be provided as herein prescribed. Such space shall be maintained and shall not be encroached upon so long as such main building or structure remains, unless an equivalent number of such spaces are provided elsewhere in conformance with this chapter.

(1)

Area for parking space. For the purpose of this section, 300 square feet of lot area shall be deemed a parking space for one vehicle, including access aisles, except that 180 square feet of lot area which has a direct means of ingress and egress from an alley or street may also be deemed a parking space.

(2)

Fractional requirements. When units or measurements determining number of required parking spaces result in requirement of a fractional space, that fraction shall require one parking space.

(3)

Location of parking space for one- and two-family dwellings. The off-street parking facilities required for one- and two-family dwellings shall be located on the same lot or plot of ground as the building they are intended to serve, and shall consist of a parking strip, parking apron and/or garage.

(4)

Location of parking space for other land uses. The off-street parking facilities required for all other uses shall be located on the lot or within 300 feet of the permitted uses requiring such off-street parking, such distance to be measured along lines of public access to the property between the nearest point of the parking facility to the building to be served. In industrial districts the front setback area shall remain as open space unoccupied and unobstructed from the ground upward except for landscaping, plant materials, or vehicle access drives. In multiple-family districts parking shall be permitted within the front setback area, provided that a 20-foot planting strip be located separating the parking area from the multiple-family residential structure.

(5)

Parking of motor vehicles in residential districts shall be limited to passenger vehicles, and not more than one commercial vehicle, not to exceed 24,000 GVW, shall be permitted per dwelling unit and shall be parked in conformity with section 22-262(3) of the City Code. In no event, with the exception as provided below, shall any semi-tractor and/or semi-tractor trailer be parked in any residential district except temporarily in the normal course of making deliveries.

Vehicles, including semi-tractors and/or semi-tractor trailers, exceeding 24,000 GVW may be parked in a residential district only in connection with a use being lawfully operated on the premises as a nonconforming use or as the result of a previously granted special approval use or variance. These vehicles shall not be parked in any front yard area or any area extending toward the front of the lot nearer than the front face of the dwelling or principal structure located thereon. After the date of the adoption of this chapter amendment, the number or type of such vehicles shall not be enlarged, increased or extended. This exception shall not be continued and shall not apply if the use of the property has been discontinued for a period of more than six consecutive months.

(6)

Similar uses and requirements. In the case of a use not specifically mentioned, the requirements of off-street parking facilities for a use which is so mentioned, and which such use is similar, shall apply.

(7)

Protective screening. Whenever off-street parking facilities abut a residential district, a wall, fence, or barrier designed to prevent the accidental passage of a motor vehicle shall be provided. An obscuring wall or planting hedge shall also be provided to prevent vehicle lights from shining into the residential district. Such wall or hedge shall be of an attractive design, and maintained in a presentable fashion.

(8)

Existing off-street parking at effective date of chapter. Off-street parking existing at the effective date of this chapter which serves an existing building or use, shall not be reduced in size less than that required under the terms of this chapter.

(9)

Collective provisions. Nothing in this section shall be construed to prevent collective provisions of off-street parking facilities for two or more buildings or uses, provided such facilities collectively shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the table under section 22-256.

(10)

General use conditions. Except when land is used as storage space in connection with the business of a repair or service garage or in long-term parking facilities, a 24-hour time limit for parking in off-street parking areas shall prevail, it being the purpose and intention of the foregoing that the requirements of maintaining vehicle storage or parking space is to provide for the public safety in keeping parked cars off the streets, but such requirement is not designed to or intended to provide, and it shall be unlawful to permit the storage or parking on such open land of wrecked or junked cars, or for creating a junkyard or a nuisance in such area.

(11)

Joint use. Parking spaces already provided to meet off-street parking requirements for theater, stadiums, auditoriums and other places of public assembly, stores, office buildings, and industrial establishments, lying within 500 feet of a church as measured along lines of public access, and that are not normally used between the hours of 6:00 a.m. and 6:00 p.m. on Sundays and that are made available for other parking, may be used to meet not more than 50 percent of the off-street parking requirements of a church.

(12)

Exception. The requirements of section 22-256 shall not apply to the erection, alteration or extension of any building or structure located in the C-2, central business district.

(Code 1963, § 5.65; Ord. of 4-14-80; Ord. No. 99-235, 2-22-99)

The amount of off-street parking space required for new uses or buildings, additions thereto, and additions to existing buildings as specified in 22-256 shall be determined in accordance with the following table, and the space so required shall be stated in the application for a zoning permit and shall be irrevocably reserved for use/or shall comply with the initial part of this section.

(Code 1963, § 5.66; Ord. of 4-14-80; Ord. No. 06-283, 1-9-06)

Wherever the off-street parking requirements in sections 22-255 and 22-256 require the building of an off-street parking lot, it 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 zoning administrator. Applications for a permit shall be submitted to the zoning administrator 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 accord with the following minimum requirements:

(3)

All spaces shall be provided adequate access by means of maneuvering lanes. Backing directly onto a street shall be prohibited except in the case of one- and two-family residences.

(4)

Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for all vehicles.

(5)

The entire parking area including parking spaces and maneuvering lanes required under this section shall be provided with portland concrete, bituminous concrete or bituminous aggregate surfacing within one year of the date of occupancy of the building and parking area is intended to serve.

(6)

Off-street parking areas shall be drained in a manner so as to dispose of all surface water accumulated in the parking area in such a way as to preclude drainage of water onto adjacent property, toward buildings, or across public walkways.

(7)

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.

(8)

Wheel chocks shall be provided and so located as to prevent any vehicle from projecting over the lot line.

(Code 1963, § 5.67; Ord. of 4-14-80)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

Parking area shall mean an area used by the public as a means of access to and egress from, and for the free parking of motor vehicles by patrons of a shopping center, business, factory, hospital, institution or similar buildings or location.

(2)

Shopping center shall mean a minimum area of three acres of land on which there is located one or more stores or business establishments, and where there is provided a parking area.

(b)

Off-street parking. The owners of off-street parking areas shall provide parking spaces in accordance with the following table and identified by signs as being reserved for physically handicapped persons. Signs shall be located approximately six feet above grade. Each reserved parking space shall be not less than 12 feet wide. Where a curb exists between a parking lot surface and a sidewalk surface, an inclined approach or a curb cut with a gradient of not more than one foot in 12 feet and a width of not less than four feet shall be provided for wheelchair access. Parking spaces for physically handicapped shall be located as close as possible to walkways and entrances. Signs shall be provided when necessary, indicating the direction of travel to an accessible entrance.

(c)

On-street parking. The city may designate on-street parking spaces within the central business district identified by signs as being reserved for physically handicapped persons. The city may designate up to one space for every 25 on-street parking spaces within the central business district. Signs shall be located approximately six feet above grade. Each reserved parking space shall be not less than 12 feet wide. For the purposes of this section, the central business district shall be described as that portion of West Main Street and North Street which is located south of Locust Street, west of North Summit Street and east of Salisbury Street.

(d)

Violation. A person who violates subsection (b) of this section is responsible for a civil infraction. Violations of such subsection shall be processed in the same manner as civil infractions under Act No. 300 of the Public Acts of Michigan of 1949 (MCL 257.1 et seq.), as amended.

(Code 1963, § 5.67(a)—(d); Ord. of 4-14-80; Ord. No. 161, 1-12-87)

(a)

On the same premises with every building structure, or part thereof, involving the receipt or distribution of vehicles, material, 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 the streets, alleys or any required access for off-street parking areas.

(b)

Such loading and unloading space, unless adequately provided for within a building, shall be an area ten feet by 50 feet, with 14-foot height clearance, and shall be provided according to the following schedule:

(Code 1963, § 5.68; Ord. of 4-14-80)

The formulation and enactment of this chapter is based upon the division of the city into districts in each of which are permitted specified uses which are mutually compatible. In addition to such permitted compatible uses, however, there are certain other uses which may be necessary or desirable to allow in certain locations in certain districts, but because of their actual or potential impact on neighboring uses or public facilities, need to be carefully regulated with respect to their location for the protection of the city. Such uses, on account of their peculiar locational need or the nature of the service offered, may have to be established in a district in which they cannot be reasonably allowed as a permitted use.

(1)

Authority to grant permits. The planning commission, as hereinafter provided, shall have the authority to grant permits for special approval uses, subject to such conditions of design, operation, and safeguards as the planning commission may determine for all special approval uses specified in the various district provisions of this chapter.

(2)

Application and fee. Application for any special approval use permit permissible under the provisions of this chapter shall be made to the planning commission through the clerk by filing an official special approval use permit application form; submitting a site plan in accordance with section 22-261 and depositing the required fee as established by resolution of the city council, except that no fee shall be required of any governmental body or agency. No part of such fee shall be returnable to the applicant.

(3)

Application and site plan requirements. An application for a special approval use permit shall include the applicant's name and address in full, a statement that the applicant is the owner involved or is acting on the owner's behalf, the address of the property involved, and a site plan as specified in, and in conformance with, section 22-261.

(4)

Public hearing. The planning commission shall hold a public hearing upon any application for a special approval use permit, notice of which shall be given by one publication in a newspaper of general circulation in the city within 15 days but not less than five days preceding the date of such hearing. Service by mail to all property owners within 300 feet of the site shall be had.

(5)

Required standards and findings for making determinations. The planning commission shall review the site plan submitted in accordance with section 22-261 for proposed special approval uses in terms of the following standards and required findings, and shall find and record adequate data, information, and evidence showing that such a use on the proposed site, lot, or parcel meets or does not meet these standards:

a.

Development standards applying to all proposed special approval uses:

1.

The proposed special approval use shall be harmonious with and in accordance with the general objectives, intent, and purposes of this chapter.

2.

The proposed special approval use shall be designed, constructed, operated, maintained and managed so as to be harmonious and appropriate in appearance with existing or intended character of the general vicinity.

3.

The proposed special approval use shall be served adequately by essential public facilities and services, such as: highways, streets, police and fire protection, drainage structures, refuse disposal, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service.

4.

The proposed special approval use shall not be hazardous or disturbing to existing or future neighboring uses.

5.

The proposed special approval use shall not create excessive additional requirements at public costs for public facilities and services.

b.

Development standards applying to specific proposed special approval uses. A special approval use permit shall not be issued for the uses specified in this subsection unless complying with the site development requirement as herein specified. The planning commission may impose additional conditions and safeguards when deemed necessary by that body in accordance with this section.

(6)

Approval of special approval use permit. Upon review of the application and site plan in accordance with the standards established in subsection (5) of this section, holding of public hearing in accordance with subsection (4) of this section, and review of the requirements of other provisions of this chapter as they apply to the proposed special approval use, the planning commission shall approve, approve subject to conditions in accordance with subsection (7) of this section, or deny the special approval use permit within 30 days following the public hearing. For the purposes of this section, the approval of the site plan shall constitute the approval of the special approval use permit. A request for approval of special approval use permit which is in compliance with standards stated in this chapter, the conditions imposed pursuant to subsection (7) of this section, other applicable ordinances, and state and federal statutes, shall be approved. Upon approval of the special approval use permit, a copy of the approved site plan shall be forwarded to the applicant, clerk, zoning inspector and planning commission along with full documentation regarding the findings of the review and approval or denial. The zoning inspector shall not issue a zoning compliance permit until he has received a copy of the approved site plan.

(7)

Imposition of conditions. Upon review of the application and site plan in accordance with the standards established in subsection (5) of this section and the requirements of other provisions of this chapter, the planning commission may require reasonable conditions necessary to insure that public services and facilities affected by the proposed land use or activity shall be capable of accommodating increased services and facility loads generated by the land use or activity; to protect the natural environment and conserve natural resources and energy; to insure compatibility with adjacent uses of land; and to promote the use of land in a socially and economically desirable manner. Conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action, and shall remain unchanged except upon mutual consent of the planning commission and the landowner.

(Code 1963, § 5.69; Ord. of 4-14-80)

It is recognized by this chapter that there is a value to the public in establishing safe and convenient traffic movement to higher density sites, both within the site and in relation to access streets; that there is value in encouraging a harmonious relationship of buildings and uses both within a site and in relation to adjacent uses; further that there are benefits to the public in conserving natural resources. Toward this end, this chapter requires site plan review by the planning commission for certain buildings and structures that can be expected to have significant impact on natural resources, traffic patterns and on adjacent land usage.

(1)

Buildings, structures and uses requiring site plan. The zoning inspector shall not issue a zoning compliance permit for the construction of new buildings and structures identified in this section unless a site plan has been reviewed and approved by the planning commission and such approval is in effect.

a.

Any conditional use.

b.

A multiple-family building containing six or more dwelling units.

c.

More than one multiple-family building on a lot, parcel or tract of land, or on a combination of lots under one ownership.

d.

A mobile home park.

e.

Any building or structure intended for commercial or industrial use.

f.

Planned residential developments (see section 22-269).

g.

In addition, a site plan can be required for any use when deemed necessary by the zoning administrator, planning commission or city council.

h.

There shall be two (2) types of site plan review. A full site plan review requiring the information in subsection (4) and a limited site plan review specified by the requirements in subsection (5). The zoning administrator shall determine which site plan review is required based on information presented to him regarding the project. The zoning administrator shall document the reasoning for why such a review was chosen.

(2)

Application and fee. Any person may file a request for a site plan review by the planning commission by filing with the zoning administrator, planning commission or city council. As an integral part of such application the applicant shall file at least four copies of a site plan. The city council shall set the fee for full and limited site plan reviews.

(3)

Planning commission review of site plan. Upon receipt of such application from the clerk, the planning commission shall within 30 days approve or disapprove such site plan, advising the applicant in writing of the recommendation, including any changes or modifications needed to achieve conformity to the standards specified in this chapter.

(4)

Full site plan review. If the activities specified in subsection (1) (a—h) result in the construction of new buildings and structures that increase the lot coverage of an existing lot by more than ten percent, then a full site plan review shall be required. A full site plan review shall be submitted to the planning commission in accordance with the following requirements.

a.

The site plan shall be of a scale of not less than one inch equals 50 feet if the subject property is less than three acres and one inch equals 100 feet if three acres or more and of such accuracy that the same can be readily interpreted.

b.

The property shall be identified by lot lines and location, including dimensions, angles and size, and correlated with the legal description of such property. Such plan shall further include the name and address of the property owner, developer and designer.

c.

The site plan shall show the scale; north point, boundary dimensions; topography (at least two-foot contour intervals); and natural features, such as, woodlots, streams, rivers, lakes, drains and similar features.

d.

The site plan shall show existing manmade features, such as buildings; structures; high tension towers; pipe lines; and existing utilities, such as, water and sewer lines, excavations, bridges, culverts, drains and easements, and shall identify adjacent properties and their existing uses.

e.

The site plan shall show the location, proposed finished floor and grade line elevations, size of proposed principal and accessory buildings, their relation one to another and to any existing structure on the site, the height of all buildings and square footage of floor space. Site plans for residential development shall include a density schedule showing the number of dwelling units per net acre, including a dwelling schedule showing the unit type and number of each unit type.

f.

The site plan shall show the proposed streets, driveways, sidewalks, and other vehicular and pedestrian circulation features within and adjacent to the site; also, the location, size and number of parking spaces in the off-street parking area, and the identification of service lanes and service parking.

g.

The site plan shall show the proposed location, use and size of open spaces; and the location of any landscaping, fences or walls on the site. Any proposed alterations to the topography and other natural features shall be indicated. The site plan shall further show any proposed location of connections to existing utilities and proposed extensions thereof.

h.

A vicinity map shall be submitted showing the location of the site in relation to the surrounding street system.

(5)

Limited site plan review. If the activities specified in subsection (1) (a—h) result in the construction of new buildings and structures that do not increase the lot coverage of an existing lot by more than ten percent, then a limited site plan review may be required if the zoning administrator feels it is appropriate. The zoning administrator is required to document the reason that a limited site plan review was allowed. The planning commission has the power to revise this decision and require a full site plan review if it disagrees with the zoning administrator's decision. A limited site plan review shall be submitted to the planning commission in accordance with the following requirements.

a.

The property shall be identified by lot lines and location, including dimensions, angles and size, and correlated with the legal description of such property. Such plan shall further include the name and address of the property owner, developer and designer.

b.

The limited site plan can be a sketch that shows the scale; north point, boundary dimensions; and natural features, such as, woodlots, streams, rivers, lakes, drains and similar features. In addition, all buildings and structures shall be denoted on the sketch.

c.

The limited site plan and/or site plan sketch shall show streets, driveways, sidewalks, and other vehicular and pedestrian circulation features within and adjacent to the site; also, the location, size and number of parking spaces in the off-street parking area, and the identification of service lanes and service parking.

d.

The limited site plan shall show the proposed location, use and size of open spaces, the location and size of proposed principal and accessory buildings, their relation to each other, the height of all buildings and square footage of floor space for all buildings and proposed buildings.

e.

A vicinity map shall be submitted showing the location of the site in relation to the surrounding street system.

(6)

Standards for site plan review. In reviewing the site plan, the planning commission shall ascertain whether the proposed site plan is consistent with all regulations of this chapter and state and federal statutes. Further, in consideration of each site plan, the planning commission shall find that provisions of subsections (3) and (4) of this section as well as the provisions of the zoning district in which such buildings, structures and uses as indicated in the proposed site plan have been satisfactorily met by the applicant. Decisions rejecting, approving or conditionally approving a site plan shall be based upon requirements and standards contained in this chapter. A site plan shall be approved if it contains the information required in subsection (4) of this section and is in compliance with this chapter, the conditions imposed pursuant to this chapter, other applicable ordinances, and state and federal statutes. In addition, each of the following standards shall apply.

a.

The use shall be designed, constructed, operated and maintained in a manner harmonious with the character of adjacent property and the surrounding area.

b.

The use shall not inappropriately change the essential character of the surrounding area.

c.

The use shall not interfere with the general enjoyment of adjacent property.

d.

The use shall represent an improvement to the use of character of the property under consideration and the surrounding area in general, yet also be in keeping with the natural environment of the site.

e.

The use shall not be hazardous to adjacent property, or involve uses, activities, materials or equipment which will be detrimental to the health, safety or welfare of persons or property through the excessive production of traffic, noise, smoke, odor, fumes, glare or dust.

f.

The use shall be adequately served by essential public facilities and services, or it shall be demonstrated that the person responsible for the proposed use shall be able to continually provide adequately for the services and facilities deemed essential to the use under consideration.

g.

The use shall not place demands on public services and facilities in excess of current capacity.

h.

The use shall be consistent with the intent and purpose of this chapter.

(7)

Approval of site plan. After the site plan is reviewed and approved by the planning commission, one copy shall be retained on permanent file with the planning commission and two copies shall be filed with the zoning administrator along with written notification of such approval. If the site plan is disapproved by the planning commission, written notification of such denial shall be given to the applicant within ten days after such action. The applicant may thereafter file an amended site plan which shall be reviewed in the same manner as hereinafter set forth. The zoning administrator shall not issue a zoning compliance permit and building permit until he has received a certified approved site plan.

(8)

Expiration of site plan certificate. The site plan certificate shall expire, and be of no effect, 365 days after the date of issuance thereof, unless within such time the zoning administrator has issued a zoning compliance permit for any proposed work authorized under a site plan certificate.

(9)

Amendment, revision of site plan. A site plan and site plan certificate issued thereon, may be amended by the planning commission upon the request of the applicant. Such amendment shall be made upon application and in accordance with the procedure provided in this section. Any fees paid in connection with such application may be waived or refunded at the discretion of the planning commission.

(Code 1963, § 5.70; Ord. of 4-14-80; Ord. No. 10-292, § 1, 7-12-10; Ord. No. 17-330, § 1, 8-28-17)

The location or storage of abandoned, discarded, unused, unusable or inoperative vehicles, appliances, furniture, equipment or material shall be regulated as follows:

(1)

On any lot in any agricultural district, residential district or commercial district, the owner or tenant, but not for hire or for business, shall locate and store such materials within a completely enclosed building.

(2)

On any lot in any industrial district, the owner or tenant, whether or not for hire or for business, shall locate and store such materials within a completely enclosed building or within an area surrounded by a solid, unpierced fence or wall at least seven feet in height and not less in height than the materials located or stored therein, and not closer to the lot lines than the minimum yard requirements for buildings permitted in such districts.

(3)

Nothing in this chapter shall permit the storage or parking of any vehicle or nonpermanent structure within the required front yard of any lot within a residential district, except that the parking of a passenger vehicle on a driveway located on private property shall not be prohibited.

(Code 1963, § 5.71; Ord. of 4-14-80)

On any corner lot in any zoning district requiring front and side yards, no fence, wall, hedge, screen, sign, structure, vegetation or planting shall be allowed to impede vision between a height of three feet and eight feet above the centerline grades within the triangular area formed by the intersecting street right-of-way lines and a straight line joining the two street lines at points which are 30 feet distant from the point of intersection, measured along the street right-of-way line.

(Code 1963, § 5.72; Ord. of 4-14-80)

A home occupation shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes. The following additional conditions shall be observed:

(1)

Such home occupation shall be carried on within the dwelling or within a building accessory thereto and entirely by the inhabitants thereof.

(2)

No article shall be sold or offered for sale on the premises except such as is produced within the dwelling or accessory building or is provided incidental to the service or profession conducted within the dwelling or accessory building.

(3)

There shall be no exterior storage of materials or equipment.

(4)

Adequate off-street parking shall be provided in accordance with sections 22-255 and 22-256 and as specified by the zoning board of appeals.

(Code 1963, § 5.73; Ord. of 4-14-80)

(a)

Definitions.

(1)

Construction site barrier: A temporary fence erected to protect a construction site from vandalism and unauthorized entry. Construction site barriers do not require a permit unless the barrier will be in place for more than six months.

(2)

Fences: This shall mean any fence of wood, metal, masonry, plastic, or other synthetic materials, designed, used and erected and affixed to the real estate for the propose of enclosing or separating any portion of the real estate from adjoining land whether or not such fence is located on the boundary line of the property to which it appertains.

(3)

Hedges: A fence or boundary formed of shrubs, plantings, vegetation, and/or small trees.

(4)

Landscaping fence: Any fencing material 24 inches or less in height used as a decorative display and/or boundary for shrubs, trees or vegetation but not as a barrier or boundary of the property to which it appertains.

(5)

Temporary snow fence: Erected to protect the property owner from drifting snow from November 15th through March 15th. Temporary snow fences do not need a permit. Accumulation of snow on adjacent property, due to placement of snow fence is not permitted.

(b)

Permit required. It shall be unlawful for any person, firm, or corporation to install, erect, construct, relocate or alter a fence or hedge, except for a landscaping fence, upon any property within the city without first having obtaining a zoning compliance permit from the city zoning administrator. No zoning compliance permit shall be issued if the city zoning administrator determines that the proposed fence or hedge does not meet the requirements of this section.

(1)

Application. The application for a zoning compliance permit shall be made with the city clerk and shall include the name and address of the owner, a sketch or design of the proposed fence or hedge including a description of the materials to be used and specifications of height shall be submitted with the application for permit.

(2)

Permit fee. The fee for the permit required under this section shall be established from time to time by resolution of the city council.

(c)

Design and construction. All fences shall be designed, constructed, and maintained in accordance with the following standards. Fences which are not specifically required under the regulations for the individual zoning districts shall conform to the following requirements:

(1)

No fence shall hereafter be erected along the line dividing lots or parcel of land or located within any required side or rear yard in excess of six feet (72 inches) or less than three feet (36 inches) in height above the grade of the surrounding land. Any fence between a house and a street cannot exceed three feet (36 inches) in height from grade. Fences are permitted to be placed along a property line but shall not extend beyond the property line or into any right-of-way area. If a fence is to be built on a property line, a professional survey completed by a surveyor indicating correct property lines must be presented to the zoning administrator for approval. Any such construction/maintenance easement shall be approved by the city attorney and recorded with the county register of deeds prior to commencement of construction of the boundary fence or establishment of the boundary hedge.

(2)

All fences hereafter shall be of an ornamental nature. Barb wire, spike nails, or any other sharp point or instrument of any kind on top or on the sides of any fence, or electric current or charge in such fences are prohibited, except in the industrial districts. In commercial zoning districts non-ornamental utility fences, such as chain link or board fences, not exceeding eight feet in height, are allowed but shall be set back at least 20 feet from the front yard area and shall otherwise be subject to the general aesthetic and maintenance requirements of this section 22-265. Barbed wire cradles may be placed on top of fences enclosing public utility buildings or wherever deemed necessary in the interests of public safety. No sharp points on fences shall be allowed.

(3)

Boundary fences shall be located so that the smooth or finished surface of the fence shall face adjoining properties. Unless designed as an integral aesthetic feature of the fence, structural supports or members, anchoring posts or mechanisms, etc., shall not be positioned in a manner as to be the primary view of the fence from adjacent properties.

(4)

No partition fence or hedge shall extend towards the street beyond two feet (24 inches) from the established inside front lot line or two feet (24 inches) behind the inside edge of the established sidewalk line.

(5)

No fence, wall, structure, or hedge shall be erected, established, or maintained which obscures clear view of traffic at corners, intersections, alleyways, or driveways. Any fence in the front yard or side corner yard shall be 25 percent open to prevent obstruction to vision. Provision for corner lots must comply with section 22-263 with visibility at intersections.

(6)

Fences for swimming pools shall comply with section 22-267, pertaining to swimming pools.

(d)

Maintenance. All fences and hedges shall be maintained subject to the following requirements and failure to do so shall constitute a nuisance per se:

(1)

All fences shall be maintained in good structural condition and the fence shall be vertical plum.

(2)

Wooden elements or other elements of a fence subject to deterioration from weathering or other causes shall be maintained with chemicals, paint, or sealers to preserve the elements and to prevent rust, corrosion, or deterioration.

(3)

All hedges shall be kept reasonably trimmed and shall not become overgrown.

(4)

It is the responsibility of the property owner to maintain weeds and grass adjacent to or under any fence or hedge from becoming overgrown.

(Code 1963, § 5.74; Ord. of 4-14-80; Ord. No. 02-244, 1-28-02; Ord. No. 05-278, 8-8-05; Ord. No. 06-284, 1-23-06; Ord. No. 10-293, § 1, 7-12-10; Ord. No. 14-306, § 1, 3-24-14)

Essential services shall be permitted as authorized under any franchise or that which may be regulated by any law of the state or any ordinance of the city, it being the intention hereof to exempt such essential services from the application of this chapter.

(Code 1963, § 5.75; Ord. of 4-14-80)

All swimming pools erected in the city shall comply with the following requirements:

(1)

Application. The application for a building permit to erect a swimming pool shall include the name of the owner, the manner of supervision of the pool, a plot plan and location of adjacent buildings, fencing, gates, and other detailed information affecting construction and safety measures deemed necessary by the zoning administrator.

(2)

Pool location. Minimum side yard setback shall comply with the schedule of regulations of this chapter. Furthermore, the pool fence must not be built within the required front yard or required corner lot side yard. Rear yard setback shall not be less than four feet between the outside wall of the pool and the rear property line or less than the established easement width at the rear property line or less than four feet between the pool wall and any building on the lot.

(3)

Fence. For the protection of the general public, all swimming pools shall be completely enclosed by a fence not less than four feet high. All openings in any such fence shall be equipped with a gate which shall be securely locked with a tamperproof lock when the pool is not in use.

(Code 1963, § 5.76; Ord. of 4-14-80)

(a)

Notwithstanding any other provisions of this chapter, land subject to periodic flooding shall be used only for agriculture and recreation uses, provided no structures used for dwelling purposes are located within the area subject to flooding.

(b)

The location and boundaries of land subject to periodic flooding shall be determined by reference to the U.S. Soil Conservation Service, the U.S. Army Corps of Engineers, the U.S. Department of Housing and Urban Development Flood Insurance Program, or other official authority.

(Code 1963, § 5.77; Ord. of 4-14-80)

All planned residential developments (PRD) shall be regulated as set forth in this section, the approved plan, any special conditions imposed by the city council and other applicable provisions of this chapter.

(1)

For purposes of computing and controlling population density, the following standards shall apply:

a.

The entire gross area of the planning residential development, including street right-of-way, parks, schools, and other public or private open space shall be included in the computation of area. Subaqueous or submerged bottom land of lakes or streams shall be excluded in computing the area of a parcel except that when land abutting such lakes or streams is substantially developed in park or open space for the use of residents of the PRD, the surface area of such lakes or streams may be used to compute density.

b.

Maximum density permitted shall be 15 bedrooms per acre in PRD's, subject to the following:

1.

Not less than 33⅓ percent of the total number of bedrooms shall be in single-family dwellings.

2.

Single-family detached dwellings shall be assumed to have three bedrooms for each dwelling, no more and no less.

3.

For purposes of computing density, a den, library or other extra room shall not count as a bedroom unless a closet opens directly to such room.

(2)

In order to provide an orderly transition of density, where the project being proposed for use as a PRD immediately abuts a R-1 or R-2 district, the city council may require that the area immediately abutting and within 300 feet of such R-1 or R-2 district shall be developed in single-family lots, or shall be developed as open or recreational space.

(3)

Single-family dwellings shall be subject to the requirements of article X, schedule of regulations applicable to the R-1 or R-2 districts, except as otherwise modified in the approved plan.

(4)

Multiple dwellings shall be subject to the requirements of article X, schedule of regulations, except as otherwise modified in the approved plan.

(5)

Submittal of proposed PRD plan. An application shall be made to the city clerk for review and recommendation by the planning commission of the following:

a.

A boundary survey of the exact acreage being requested done by a registered land surveyor or civil engineer (scale: not smaller than one inch equals 200 feet).

b.

Topographic map of the entire area at a two-foot contour interval. This map shall indicate all major stands of trees, bodies of water and unbuildable areas (scale: not smaller than one inch equals 200 feet).

c.

A recent aerial photograph of the area shall be provided (scale: not smaller than one inch equals 200 feet).

d.

A preliminary plat for the entire area carried out in such detail as to indicate the functional uses and dwelling unit types being requested; the proposed population densities; a traffic circulation plan; sites being reserved for schools, service activities, playgrounds, recreation areas, parking areas, and other open spaces and areas to be used for the public or by residents of the planned residential development (scale: not smaller than one inch equals 200 feet).

e.

An indication of the contemplated storm and sanitary sewer plan, and a preliminary topographic map indicating how the land area is proposed to be shaped.

f.

A written statement explaining in detail the full intent of the sponsor, indicating the type of dwelling units contemplated, resultant population and providing supporting documentation such as: soil survey, studies supporting land use requests, and the intended scheduling of the development.

(6)

Review of proposed PRD plan. Upon receipt of an application as a preliminary submittal, the city clerk shall refer such request to the planning commission for its report and recommendation. Prior to making such report and recommendation, the planning commission shall hold a public hearing on the application. Following such public hearing and receipt of the planning commission's report and recommendation, the city council may approve such application and accompanying plan only upon finding that:

a.

All applicable provisions of this section and this chapter have been met. Insofar as any provision of this section shall be in conflict with the provisions of any other section of this chapter, the provisions of this section shall apply to the land embraced within a planned residential development area.

b.

Adequate areas have been provided for all utilities, schools, walkways, playgrounds, recreation areas, parking areas and other open spaces and areas to be used by the public or by residents of the community.

c.

Open space may include parks and recreation areas, wooded lots, schools, golf courses, water areas, and any use of a similar nature approved by the city council; provided, however, that at least one acre for each 200 bedrooms shall be preserved as a park, recreation or open space rather than as a golf course, water area, road right-of-way, school or similar limited use area.

d.

There is or will be at the time of development an adequate means of disposing of sanitary sewage and of supplying the development with water and that the road system and stormwater drainage system is adequate.

e.

The plan provides for an efficient, aesthetic and desirable use of the open areas and the plan is in keeping with the physical character of the city and the area surrounding the development.

f.

The applicant has made provision, satisfactory to the city council, to assure that those areas shown on the plan for use by the public or occupants of the development will be or have been committed for that purpose. The city council may require that conveyances or other documents be placed in escrow to accomplish this.

g.

Provisions, satisfactory to the city council have been made to provide for the future financing of any improvements shown on the plan for open space areas, and common use areas which are to be included within the development and that maintenance of such improvements is assured by a means satisfactory to the city council.

h.

The cost of installing all streets and the necessary utilities has been assured by a means satisfactory to the city council.

(7)

Approval of planned residential development by city council.

a.

If the city council shall determine to grant the application and approve the plan, a permit shall be issued setting forth the conditions upon which the approval is based.

b.

Once an area has been included within a plan for planned residential development and such plan has been approved by the city council, no development may take place in such area nor may any use thereof be made except in accordance with such plan or in accordance with a city council approved amendment thereto, unless the plan is terminated as provided in subsection (7) of this section.

c.

An approved plan may be terminated by the applicant or its successors or assigns, prior to any development within the area involved, by filing with the city and recording in the county records an affidavit so stating. The approval of the plan shall terminate upon such recording.

d.

No approved plan shall be terminated after development commences except with the approval of the city council and of all parties in interest in the land.

e.

Within a period of two years following approval by the city council, final plats and/or site plans for an area embraced with the planned residential development must be submitted as provided in subsection (8) of this section. If such plats and/or plans have not been submitted and approved within the two-year period, the right to develop under the approved plan may be terminated by the city.

(8)

Before any zoning compliance permit shall be issued for buildings and structures within the area of planned residential development, final plats and/or site plans for a project area shall be submitted to the zoning administrator for review and recommendation by the planning commission of the following:

a.

Such site plans and plats shall be fully dimensioned and shall show a fully scaled plan view of all buildings (except detached single-family dwellings), all public rights-of-way and private streets, areas within each project area and the proposed ultimate density thereof, parking areas, utilities, churches, schools and areas to be set aside for the use of the public or by residents within the development (scale: one inch equals 50 feet).

b.

The proposed topography two-foot contour interval shall be superimposed on all plats and plans (scale: one inch equals 50 feet).

c.

Floor plans typical of all residential buildings except detached single-family, shall be submitted and the site plan shall indicate which floor plan is applicable to each such building.

d.

Each final plat and/or site plan submitted within the planned residential development shall, either individually or in combination with previously approved project areas, meet the standards of this chapter as to density.

(9)

Review and approval of plats shall comply with Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq.), as amended, and the subdivision regulations chapter of this Code of the city in addition to the requirements of this section.

(10)

Before approving any final plat and plan, the city council shall determine:

a.

That all portions of the project area shown upon the approved plan for the planned residential development for use by the public or the residents of lands within the planned residential development have been committed to such uses in accordance with the planned residential development contract.

b.

That the final plats and/or site plans are in substantial conformity with the approved plan for the PRD.

c.

That provisions have been made in accordance with the PRD contract to provide for the financing of any improvements shown on the project area plan for open spaces and common areas which are to be provided by the applicant and that maintenance of such improvements is assured in accordance with the PRD contract.

d.

That a dedication of public roads shall have been made so as to cause continuity of public access between the adjacent major thoroughfare and ingress and egress to all private development within the project area plan.

(11)

During construction of the planned residential development, building permits for residential structures shall be issued in such a manner as to assure that on a cumulative basis not less than 33⅓ percent of the total number of bedrooms (for which permits are or have been issued) shall be in single-family dwellings. Occupancy permits shall not be issued for other than single-family dwellings until occupancy permits have been issued for not less than 50 percent of the single-family dwellings which are necessary to maintain the above 33⅓ percentage of bedrooms. The planning commission may waive these requirements to the extent that a minimum number of model units could be displayed by the developer.

(12)

In order to assure the development of open space in conjunction with a PRD, the city council shall include in the contract recorded with the register of deeds, a schedule for the completion of portions of the open space so that it coincides with completion of dwelling units. The developer may suggest a schedule for review by the city council.

(13)

If development of approved final plats and/or site plans is not substantially completed in three years after approval, further final submittals under the part in question is completed or cause can be shown for not completing same.

(14)

Any changes or amendments requested shall terminate approval of the overall plan until such changes or amendments have been reviewed and approved as in the first instance. In instances where modifications are necessary to the plan, the zoning administrator may request that the plan be again submitted for review if, in his judgment, a substantial change is being made in the plan.

(Code 1963, § 5.78; Ord. of 4-14-80)

(a)

All mobile home parks shall comply with the Mobile Home Commission Act, Act No. 96 of the Public Acts of Michigan of 1987 (MCL 125.2302 et seq.), as amended.

(b)

Every mobile home park shall be served by a central water supply system and a central sanitary sewerage system.

(c)

The land area of a mobile home park shall not be less than ten acres.

(d)

Mobile home sites shall be at least 4,000 square feet in area.

(e)

Each mobile home within such park shall contain a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical connections designed for attachments to appropriate external systems.

(f)

Each mobile home site shall have side yards with each such yard having a width of not less than ten feet and the aggregate width of both side yards not less than 25 feet.

(g)

Each mobile home site shall have front and rear yards with each such yard not less than eight feet in width and the aggregate width of both yards not less than 20 feet.

(h)

For the purposes of this subsection, yard width shall be determined by measurement from the mobile home face (side) to its mobile home site boundary which at every point shall not be less than the minimum width herein provided. Open patios, carports and individual storage facilities shall be disregarded in determining yard widths. The front yard is that yard which runs from the hitch end of the mobile home to the nearest site line, the rear yard is at the opposite end. The side yards are at right angles to the ends.

(i)

From all stands, the following minimum distance shall be maintained:

(1)

Ten feet to the buffer strip.

(2)

Thirty feet to the boundary of such park which is not a public street.

(3)

Fifty feet to the right-of-way of any public street or highway.

(4)

Thirty feet to any collector street of such park (parking bay or central parking drive not a collector street).

(5)

Fifteen feet to any parking area designed for general parking in such park (general parking defines parking bays for other than park residents).

(6)

Fifty feet to any service building in such park.

(j)

A mobile home shall not be permitted to occupy single or multiple sites if either its length or width would cause it to occupy any minimum yard area or minimum distance prescribed herein.

(k)

Each mobile home site shall be provided with a minimum stand consisting of a solid concrete four-inch apron not less than 60 feet long nor less than 12 feet wide. This apron shall be so constructed, graded, and placed to be durable and adequate for the support of the maximum anticipated load during all seasons.

(l)

Each mobile home shall be supported on uniform jacks or blocks and anchored with tiedown assemblies every ten feet or at manufacturer's designated locations. Such jacks, blocks, and tiedown assemblies shall be provided by the mobile home park management.

(m)

An all-weather, hard-surfaced, outdoor patio area of not less than 120 square feet shall be provided at each mobile home site, conveniently located to the entrance of the mobile home and appropriately related to open areas of the lot and other facilities, for the purpose of providing suitable outdoor living space to supplement the limited interior spaces of mobile homes.

(n)

Each mobile home park shall include similarly designed enclosed storage structures suitable for storage of goods and the usual effects of the inhabitants of such park; such storage space should be not less than 120 cubic feet for each mobile home. Such storage structures may be located on the mobile home site or in a common structure with individual lockers.

(o)

Storage of goods and articles underneath any mobile home or out-of-doors at any mobile home site shall be prohibited.

(p)

Onsite outdoor laundry space of adequate area and suitable location shall be provided if park is not furnished with indoor dryers or if use of indoor dryers is not customarily acceptable to prospective occupants. Where outdoor drying space is required or desired, individual clothes drying facilities on each lot of the collapsible umbrella type of hanging apparatus shall be allowed, with park management providing a concrete imbedded socket at each site.

(q)

All mobile homes within such parks shall be suitable connected to sewer and water services provided at each mobile home site, and shall meet the requirements and be approved by the county health department.

(1)

All sanitary sewage facilities, including plumbing connections to each mobile home site, shall be constructed so that all facilities and lines are protected from freezing, from bumping or from creating any type of nuisance or health hazard. Running water from a state-tested and approved supply, designed adequately from a minimum flow shall be piped to each trailer. Sewer connections shall not exceed ten feet in length aboveground.

(2)

Storm drainage facilities shall be so constructed as to protect those that will reside in the mobile home park, as well as the property owner adjacent to the park.

(r)

Disposal of garbage and trash in mobile home parks shall be as follows:

(1)

Any method used shall be approved by the state and inspected periodically by the county health department.

(2)

Adequate incinerators, if provided, shall be conveniently located so as not to create a nuisance and be designed so that combustible materials will be reduced to an odorless gas and inorganic ash under any weather conditions.

(3)

Trash not burned should be stored in a conveniently located similarly designed enclosed structure. The removal of noncombustible trash shall take place not less than once a week.

(s)

All electric, telephone and other lines from supply poles, or other sources to each mobile home site, shall be underground. The electrical system shall be of such voltage and of such capacity to adequately serve all users in the park at peak periods. When separate meters are installed, each shall be located in a uniform manner.

(t)

Any fuel oil and gas storage shall be centrally located in underground tanks, at a distance away from any mobile home site as it is found to be safe. All fuel lines leading to mobile home sites shall be underground and so designed as to conform with any state code that is found to be applicable. When separate meters are installed, each shall be located in a uniform manner.

(u)

A buffer of trees and shrubs not less than 20 feet in depth shall be located and maintained along all boundaries of such park except at established entrances and exits serving such park. When necessary for health, safety, and welfare, a fence shall be required. No fence shall be more than three feet in height, to separate park from an adjacent property.

(v)

A recreation space of at least 300 square feet per mobile home site in the park shall be developed and maintained by the management. This area shall not be less than 100 feet in its smallest dimension and its boundary no further than 500 feet from any mobile home site served. Streets, parking areas and laundry rooms are not to be included as recreation space in computing the necessary area.

(w)

All driveways, motor vehicle parking spaces and walkways within such parks shall be hard-surfaced and adequately drained and lighted for safety and ease of movement.

(x)

Minimum widths of roadways within mobile home parks shall be as follows:

(y)

Walkways shall be installed and shall be not less than four feet in width, excepting that walkways designed for common use of not more than three mobile home sites shall be not less than three feet in width.

(z)

When exterior television antenna installation is necessary, a master antenna shall be installed and extended to individual stands by underground lines. Such master antenna shall be so placed as not to be a nuisance to park residents or surrounding areas.

(aa)

Two automobile parking spaces shall be provided within 150 feet of each mobile home site. The mobile home park shall provide one additional automobile parking space for every two mobile home stands.

(bb)

No trailer designed for temporary or seasonal living shall be occupied in a mobile home park.

(Code 1963, § 5.79; Ord. of 4-14-80)

(a)

Satellite dishes in excess of one meter (39.37 inches) in diameter are prohibited unless they are placed in the rear yard on the ground only. Total height of such dishes shall not exceed 15 feet from the ground, may not be located nearer than six feet from the side or rear lot line and may not be located or placed on an easement.

(b)

Satellite dishes less than one meter (39.37 inches) in diameter are subject to the conditions that follow:

(1)

Such dishes may be placed on any building and, for the purpose of public safety, shall be installed in accordance with any applicable provisions of the fire, building and electrical codes.

(2)

Freestanding satellite dishes shall be installed in the rear yard unless certified by the installer at the time of installation that such placement would:

a.

Unreasonably delay or prevent installation, maintenance or use;

b.

Unreasonably increase the cost of installation, maintenance or use; or

c.

Preclude reception of an acceptable quality signal.

(3)

Such satellite dishes may not encroach across property lot lines and shall be setback a sufficient distance as to allow maintenance without trespass on adjoining lots.

(4)

Freestanding satellite dishes placed in other than the rear yard shall not be placed on a post, column, mast or other elevation device. Notwithstanding, a post, column, mast or other elevation device, of a minimum height necessary, may be utilized if certified by the installer at the time of installation that lack of such elevation would:

a.

Unreasonably delay or prevent installation, maintenance or use;

b.

Unreasonably increase the cost of installation, maintenance or use; or

c.

Preclude reception of an acceptable quality signal.

(5)

Any such satellite dishes installed prior to the date of adoption of this section shall be deemed a nonconforming use or structure and may be maintained subject to section 22-253 of the City Code).

(Code 1963, § 5.80; Ord. of 4-14-80; Ord. No. 160, 10-14-85; Ord. No. 04-276, 11-22-04)

Transient or seasonal enterprises or individuals, operating no more than six months in any 12-month period, conducting outdoor sales of horticultural or agricultural goods, wares, or merchandise, such as flowers, Christmas trees, etc., may be permitted in any commercial district with the written approval of the zoning administrator, or duly appointed official, based upon the findings that the location of such activity will not adversely affect parking or traffic patterns; will not adversely affect adjoining properties; and will not otherwise adversely affect public health, safety, morals, and the general welfare. Written approval shall be issued in the form of a license.

Licenses shall be issued by the city upon forms provided by the clerk, upon compliance with the state and local health and safety codes. Licenses shall expire on December 31st of each year. Fees for such licenses shall be established by resolution of the city council.

Any license issued by the city may be revoked or suspended if it is unlawful, fraudulent in nature, or contrary to health, safety, and morals. Denials or revocations may be appealed to the board of appeals.

Anyone violating this section of the ordinance shall upon conviction thereof be subject to a fine of not more than $500.00 dollars and the costs of prosecution thereof, by imprisonment in the county jail for a period not to exceed 90 days or both.

(Ord. No. 02-246, 3-25-02)

(a)

Intent. To encourage mobile food vendors who add to the vibrancy and desirability of the City of Morenci, while providing a framework under which such businesses operate.

(b)

Definitions. As used in this section, the following terms shall have the meanings indicated:

Catering. Providing food or beverages to a non-general public gathering.

Food truck. A self-contained, motorized vehicle, identified generically as a "mobile food vending unit," which is used for the preparation and distribution or sale of food.

Mobile food vending. Vending, serving, or offering for sale food and/or beverages from a mobile food vending unit which meets the definition of a "food service establishment" under Public Act 92 of 2000, and which may include the ancillary sales of branded items consistent with the food or vendor, such as a tee shirt that bears the name of the company, restaurant or organization engaged in mobile food vending.

Mobile food vending unit. Any motorized or nonmotorized vehicle, trailer, food truck, or other device designed to be portable and not permanently attached to the ground from which food is vended, served, or offered for sale.

Operate. All activities associated with the conduct of business, including setup and takedown and/or hours of operation and locations where the mobile food vending units are allowed to be open for business.

Vendor. Any individual, company, restaurant or organization engaged in the business of mobile food vending; if more than one individual is operating a single cart, food truck, or other means of conveyance, then "vendor" shall mean all individuals operating such means of conveying food.

(c)

Mobile food vending permit required.

(1)

No vendor shall engage in mobile food vending without a mobile food vending permit issued by the zoning administrator authorizing such vending. The Morenci City Council shall prescribe the form of such permits and the application for such permits.

(2)

All food trailer permits shall be prominently displayed on the mobile food vending unit. A mobile food vending permit for vending shall not be issued by the zoning administrator unless the vending unit meets the definitions of "mobile food vending" and "mobile food vending unit" and operates in the locations or areas defined by this section.

(3)

A vendor who has applied for and received a mobile food vending permit to operate a food truck or mobile food vending unit under this section does not have to also apply for and receive a mobile food vending permit to operate under the City of Morenci's Hawkers, Peddlers and Transient Merchants Ordinance (Chapter 16 of the Morenci Code).

(d)

Duration of mobile food vending permit; nontransferability. Permits issued by the zoning administrator shall be valid only for the calendar year in which they are issued and for the mobile food vending unit identified on the permit. Any permit issued under this section is nontransferable from vendor to vendor or from food truck/mobile food vending unit to food truck/mobile food vending unit.

(e)

Application for mobile food vending permit.

(1)

Any vendor desiring to operate a food truck or engage in mobile food vending in the City of Morenci shall submit a completed application to the City of Morenci City Administrator/Clerk's office and receive a mobile food vending permit issued by the zoning administrator.

(2)

The applicant shall truthfully state, in full, all information requested on the application for permit issued by the City of Morenci City Administrator/Clerk's office. The application for a permit shall be accompanied by a fee as defined in this section.

(3)

Vendor shall submit copies of licenses or permits issued by the Lenawee County Health Department, and a copy of its Michigan Sales Tax License.

(4)

Vendor shall submit a copy of its general comprehensive liability policy with at least a minimum of $500,000.00 single limit coverage issued by an insurer licensed to do business in the state and which names the City of Morenci as an additional insured.

(5)

Vendor shall provide a copy of its automobile insurance issued by an insurer licensed to do business in the state if the vendor is operating a motorized vehicle.

(6)

City shall have seven business days to respond to an application for a mobile food vending permit. Application fee is waived if city fails to respond within seven business days.

(f)

Single-event permits. If a mobile food vendor is operating during a city-sponsored or city-endorsed special event being held on either public or private property, the vendor must obtain a single-event application from the event organizer. The event organizer shall be responsible for establishing any charge for the permit and shall be entitled to retain all fees collected. The completed application and payment shall be submitted to the event organizer and upon verification that all documents and fees have been received by the event organizer, the city shall issue the single event permit at no further charge.

(g)

Exceptions for when a food vending permit are not required.

(1)

No mobile food vending permit is required if the motorized or nonmotorized vehicle, trailer, food truck, or other device is catering to a private dwelling unit or private business. The motorized or nonmotorized vehicle, trailer, food truck, or other device to cater shall be solely contained on the property of the dwelling unit or private business. The caterer shall not be open to the general public during such caterer detail.

(2)

During the weekend recognized by the Morenci City Council of city-wide garage sales, a mobile food vending permit is not required; however, a single-event permit is required. Mobile food vending is allowed in all zoning districts during the recognized weekend, as long as mobile food vending does not occur on streets, sidewalks, or creates traffic obstructions. Application shall be made to the zoning administrator, who shall in coordination with the police chief, approve or deny the application based upon the placement of the mobile food vending unit to ensure it is not placed on streets, sidewalks, or creates traffic obstructions. The city council shall establish the relevant fee for mobile food vending for such weekend.

(3)

During auctions and/or estate sales, a mobile food vending permit is not required; however, a single-event permit is required. Mobile food vending is allowed at the auction and/or estate sale on the property of the auction and/or estate sale, as long as mobile food vending does not occur on streets, sidewalks, or creates traffic obstructions. Application shall be made to the zoning administrator, who shall in coordination with the police chief, approve or deny the application based upon the placement of the mobile food vending unit to ensure it is not placed on streets, sidewalks, or creates traffic obstructions. The city council shall establish the relevant fee for mobile food vending for such sales.

(h)

Fees. An application for a mobile food vending permit shall be accompanied by a fee in the amount established by resolution by the Morenci City Council. Mobile food vending permit shall only be for the calendar year in which the permit is issued. There shall be no proration of fees. Fees are nonrefundable once a permit has been issued by the zoning administrator's office.

(i)

Requirements. Any vendor engaging in mobile food vending shall comply with the following requirements.

(1)

Food trucks/mobile food vending units shall only operate in districts zoned PO, C-2, C-3, I-1, and I-2. Ice cream trucks shall be allowed to operate with application throughout all zoning districts.

(2)

Vendors shall not operate without first obtaining a mobile food vending permit to do so.

(3)

Vendors shall not operate on city-owned property or on public streets without prior authorization and approval of the Morenci City Council. A separate form seeking such authorization is available. Application to operate on city-owned property or on a public street shall be accompanied by a mobile food vending permit or application. No food service shall be allowed on the driving lane side of the mobile food vending unit. If operating on a private street, the customer service area for mobile food vending units shall be on the curb lawn or sidewalk when parked.

(4)

No food shall be sold, prepared or displayed outside of the food truck or mobile food vending unit while on the location noted on the permit.

(5)

Vendors shall provide appropriate waste receptacles at the site of the unit and remove all litter, debris and other wastes attributable to the vendor and/or customers on a daily basis.

(6)

Vendors shall not use any flashing, blinking or strobe lights or similar effects to draw attention to the food truck or mobile food vending unit; all exterior lights over 60 watts shall contain opaque hood shields to direct the illumination downward.

(7)

Vendors shall not use loud music, amplification devices or any other audible methods to gain attention. This prohibition shall not apply to ice cream trucks as long as the music is played at a volume that does not disturb the peace.

(8)

There shall be no signage used by vendors except for what is allowed on the vehicle, food truck or mobile food vending unit itself.

(9)

Mobile food vending units shall not be parked and operating from 7:00 a.m. to 5:00 p.m. in the following areas:

a.

M-156 (North Street and East Main Street to Summit Street)

b.

East Main Street from Mill Street to North Street

These times may be varied by the Morenci City Council in the event that of a single-event in these areas.

(10)

Vendors are prohibited from locating, placing, or putting personal property outside of the food truck, including but not limited to dining furniture, fixtures, and equipment.

(11)

No vendor shall utilize any electricity or power without the prior written authorization of the power customer; no power cable or similar device shall be extended at or across any street or sidewalk except in a safe manner. If unit is not self-contained and requires electric service, a permit issued by the City of Morenci Building Department is required.

(12)

Vendors shall comply with all applicable city laws, regulations, and ordinances, including those regulating noise, signage, and loitering.

(13)

Vendors shall not represent the granting of a permit under this section as an endorsement of the city.

(14)

Hours of operation for vendors shall be 9:00 a.m. to 9:00 p.m. Hours shall be different if the vendor has obtained a single-event permit for a city-sponsored or city-endorsed event.

(15)

Any vendor operating on private property shall submit a written letter from the property owner granting them permission to use the property at time of application.

(16)

All gray water/untreated waste shall be disposed of in accordance with federal, state, county, and local regulations, and under no circumstances shall untreated waste be disposed of into the public storm system.

(j)

Other permits. A permit obtained under this section shall not relieve any vendor of the responsibility for obtaining any other permit or authorization required by any other resolution, ordinance, statute, or administrative rule.

(k)

Complaints; appeals; revocation of permit.

(1)

If a written complaint is filed with the City of Morenci Zoning Administrator alleging a food vendor has violated the provisions of this section, the zoning administrator shall promptly send a copy of the written complaint to the vendor together with a notice that an investigation will be made by the zoning administrator, with the assistance of other city departments, as required, to determine the truth of the complaint. The vendor shall be invited to respond to the complaint and present evidence and respond to evidence produced by the investigation. If the zoning administrator, after reviewing all relevant material, finds the complaint to be supported by a preponderance of the evidence, the complaint shall be certified.

(2)

The City of Morenci Zoning Administrator shall revoke the permit of any vendor engaged in mobile food vending who ceases to meet any requirement of this section; violates any other federal, state or local law, ordinance or regulation; makes a false statement on his/her application; is determined to have a certified compliant; or conducts activity in a manner that endangers the public health, safety or welfare.

(3)

If a permit is denied or revoked by the zoning administrator or if a written complaint is certified pursuant to this section, the applicant or holder of the permit may appeal to the Morenci Zoning Board of Appeals. Such appeal shall be in writing. The Morenci Zoning Board of Appeals shall make a written determination, after reviewing evidence related to the appeal, as to whether the denial, revocation, or complaint is valid. If the Morenci Zoning Board of Appeals determines that the denial, revocation, or complaint is valid as supported by a preponderance of the evidence, the action of the zoning administrator shall be sustained. The applicant may appeal the decision of the Morenci Zoning of Appeals to a court of competent jurisdiction.

(4)

Immediately upon such revocation, the zoning administrator shall provide written notice to the permit holder by certified mail to the address indicated on the application. The permit to operate shall become immediately null and void upon revocation.

(l)

Appearance tickets. The Morenci Police Department, zoning administrator, or such other officials as designated by the Morenci City Council are authorized to issue and serve appearance tickets with respect to a violation of this section pursuant to Michigan law.

(m)

Civil infraction. A violation of this section is designated as a civil infraction subject to fines as set out in section 1-13 of the Morenci Code, plus the costs for a mobile food vending permit as established by the Morenci City Council.

(Ord. No. 17-332, § 1, 9-25-17)

Prior to issuance of a special approval use permit for a bed and breakfast facility, an applicant shall demonstrate that all following requirements have been met:

(1)

It is required that the bed and breakfast establishments be located in R-1, R-2, or RM zoning districts and shall be the residence of the owner of the establishment. The owner shall reside in the bed and breakfast establishment. Each bed and breakfast establishment will be allowed up to eight rental rooms.

(2)

It is required in all bed and breakfast establishments that all sleeping rooms as well as all hallways leading to and connecting the sleeping room shall contain smoke detectors. Also, each bed and breakfast establishment shall be equipped with emergency lighting. In addition, all bed and breakfast establishments shall have two entrances (exits) to and from the outside location on separate walls. The design and placement of smoke detectors and emergency lighting shall be approved by the fire chief of the city fire department.

(3)

Rooms utilized as sleeping rooms shall have a minimum of 100 square feet for two occupants and an additional 30 square feet per each additional occupant. There shall be no more than four occupants per sleeping room. There shall be a minimum of one bathroom per four sleeping rooms excluding the bathroom used by the owner.

(4)

A current and permanent record of all guests at a bed and breakfast establishment shall be maintained and said records shall at all times be available to any state and city official including, but not limited to, the zoning administrator, state and county health officers, building inspectors and city police, upon verbal request of the official.

(5)

No person shall remain as a tenant/guest of any bed and breakfast for a period of time in excess of 30 days.

(6)

Signs in residential districts are permitted in accordance with section 16.5-4 (Signs allowed on private property).

(7)

No lighting shall be permitted which flashes, rotates or directs light onto any adjacent property or public right-of-way.

(8)

Off-street parking shall be required on site (unless a variance is granted). Two parking spaces for the owner and one parking space for each rental room.

(9)

Prior to an occupancy permit being issued by the building inspector for a bed and breakfast, the zoning administrator shall inspect the bed and breakfast establishment to ensure that all zoning requirements and conditions for approval have been met.

(10)

In the event the county or state health department receive a complaint regarding a bed and breakfast establishment located within the city, the owner shall cooperate with said officials and shall immediately open the establishment to inspection by the appropriate official(s).

(11)

All applications for bed and breakfast establishments shall be made to the zoning administrator on a zoning compliance permit form, which will include a site plan showing proposed parking, lighting, signs (including location and size) as well as a floor plan of proposed bed and breakfast establishment showing the location and size of the rental rooms, bathrooms, common rooms, owner's living quarters and outside door(s) (entrance/exit) locations.

(12)

There shall be no separate cooking facilities provided for the bed and breakfast occupants. Breakfast may be provided by the owner as long as state and county health department regulations are followed.

(13)

Every sleeping unit shall have at least one operable window approved for emergency egress or rescue, except where the sleeping unit is provided with a door to a corridor having access to two remote exits in opposite directions.

(Ord. No. 02-248, 5-22-02)

Editor's note— Ord. No. 02-248, adopted May 22, 2002, added a new section 22-272. In order to avoid the duplication of sections, the provisions of said ordinance have been included herein as section 22-273 at the discretion of the editor.

Notwithstanding the generally applicable minimum lot frontage/lot width and minimum lot area per dwelling unit requirements of this section, land zoned for residential development may be developed, at the option of the landowner, with the same number of dwelling units that could otherwise be developed on the land under existing ordinances, laws, and rules, on not more than 80 percent of the land, if all of the following apply:

(1)

Requirements:

a.

The land is zoned at a density equivalent to two or fewer dwelling units per acre; or, if the land is served by a public sewer system, three or fewer dwelling units per acre.

b.

Not less than 20 percent of the land area will remain perpetually in an undeveloped state by means of a conservation easement, plat dedication, restrictive covenant, or other legal means that runs with the land.

c.

The development does not depend upon the extension of a public sewer or public water supply system, unless development of the land without the exercise of the development option provided by this provision would also depend upon such an extension.

d.

The development option provided pursuant to this section has not previously been exercised with respect to the subject property.

(2)

The development of land under this section is subject to all other applicable ordinances, laws, and rules, including but not limited to:

a.

The provisions of the zoning ordinance and subdivision control ordinance that are not in conflict with and preempted by section 4f of the City-Village Zoning Act as added by 2001 Public Act 179 (MCL 125.284f).

b.

The Land Division Act (formerly the Subdivision Control Act, MCL 560.101, et seq.).

c.

Any ordinance regulating the division of land, the platting of land into subdivisions, or the creation of a site condominium.

d.

Rules relating to suitability of groundwater for on-site water supply for land not served by public water.

e.

Rules relating to suitability of soils for on-site sewage disposal for land not served by public sewers.

(3)

As used in this section, the term "undeveloped state" means a natural state preserving natural resources, natural features, or scenic or wooded conditions; agricultural use; open space; or a similar use or condition. This term does not include a golf course, but may include a recreational trail, picnic area, children's play area, greenway, or linear park.

(Ord. No. 02-259, 12-9-02)

Editor's note— Ord. No. 02-259, adopted Dec. 9, 2002, amended the Code with the addition of section 22-272. In order to avoid duplication of sections, the provisions of said ordinance have been included herein as section 22-274 at the discretion of the editor.

(1)

Specific requirements.

(a)

Minimum lot size: With the exception of the I-2 skyline industrial zoning district, in all zoning districts where large wind turbines are permitted as a special use after approval the minimum lot size shall be five acres.

(b)

Height: The total height of the tower shall not exceed 200 feet. The minimum distance between the ground and any protruding blades shall be 75 feet as measured at the lowest point of the arc of the blades.

(c)

Fall zone: The wind turbine shall be setback a distance of at least 100 percent of height of the total structure from any property line, building, or right-of-way.

(d)

Set-back: No part of the wind turbine structure, including guy wire anchors, shall extend closer than ten feet to the property line. The setback between a wind turbine and another wind turbine shall be at 110 percent of the height of the tallest wind turbine.

(e)

Lighting: The maximum lighting used on the structure is a low intensity red light regulated by the Federal Aviation Administration.

(f)

Noise: Noise coming from the wind turbine shall not exceed 45 dBA to the nearest property line.

(g)

Fencing: The supporting tower shall be enclosed with a six-foot high fence.

(h)

Base: All tower support bases shall comply with City of Morenci Building Department regulations and construction plans shall be prepared by a professional engineer.

(i)

Transmission lines: All wind turbine transmission line shall be underground.

(2)

Application requirements. Prior to commencing construction or implementation of use an application for a special land use must be filed, reviewed and approved for a large wind turbine by the City of Morenci Planning Commission. Information required for review shall include the following in addition to the information requirements and standards for special land use and site plan review.

(a)

Electromagnetic/Structural interference. A report shall be produced that contains impacts to existing television, telephone, microwave, navigational, or radio reception within one mile of the wind turbine.

(b)

Audible sound. The application shall provide a report on the potential audible conditions created by the wind turbine. The review must be produced and certified by a registered engineered licensed in the State of Michigan.

(c)

Fire prevention and emergency response plan and requirements. The following information is required to be provided to allow for adequate response to emergency situations.

i.

Describe the potential fire and emergency scenarios that may require a response from fire, emergency medical services, police or other emergency responders.

ii.

Designate the specific agencies that would respond to potential fire or other emergencies.

iii.

Describe all emergency response training and equipment needed to respond to a fire or other emergency including an assessment of the training and equipment available to the designated agencies.

(d)

Shadow flicker. A wind turbine shall not be allowed to cast a shadow upon an adjacent or nearby non-participating parcel's principal structure for a period of time in excess of 30 hours per year unless said affected property owner provides written permission.

(e)

Safety.

i.

The wind turbine structure shall not be climbable on the exterior of the structure.

ii.

All access doors and interior access points shall be lockable and accessible only to those either constructing or maintaining the wind turbine.

iii.

Appropriate warning signs shall be placed at the base of the wind turbine upon any associated electrical equipment and at every wind turbine entrance.

iv.

Any access drive remaining on the site shall be required to have an entrance gate no closer than 50 feet from the road right-of-way.

v.

The blade's tips or other rotating mechanism on any wind turbine shall not be less than 75 feet from the ground when measured from the blade's rotational lowest position.

vi.

Each wind turbine shall be equipped with both a manual and automatic braking device capable of stopping the operation in high winds and adverse weather conditions.

vii.

The applicant must submit the name and contact information for the person or organization related to the general maintenance of the structure.

viii.

All wind turbines must have lightning protection.

ix.

The city or any emergency service provider who services the city has the authority to order any wind turbine company to cease its operation if they determine in good faith that there is an emergency situation involving the wind turbine that may result in danger to life or property. The owner and/or operator shall, at all times, provide the city and emergency service providers access to the braking device identified in subsection vi. above. The owner/operator shall be notified but not required to be present in such emergency situation.

(f)

Decommissioning and removal procedures.

i.

The applicant shall submit a decommissioning plan and site plan to describe the anticipated life of the project, estimated decommissioning costs, net of salvage value in current dollars, methods of ensuring that funds will be available for decommissioning and any restoration efforts including a method of reclamation for each of the sites.

ii.

Any wind turbine that is not operated for a continuous period of 12 months shall be considered abandoned. The owner/owners of such structure shall be required to either provide to the city a written explanation regarding why the tower is inoperable and a timeline of no longer than 60 days to bring the machine back into compliance or apply for the necessary demolition permits for removal within 90 days of receipt of written notice from the city.

iii.

When a wind turbine is decommissioned, all items must be removed from the subject property, including buildings, electrical components, any roads, structure foundation, or other associated components to a depth no less than five feet below grade. Reclamation of the site includes the planting of grasses or cover crops.

iv.

A $1,000,000.00 surety bond is required at the time of application for the removal of the wind turbine in the event that it is decommissioned and left abandoned.

(g)

Technical documentation. The following information is to be assembled and submitted for review of a large wind turbine.

i.

Wind energy facility technical specification including manufacturer and model, rotor diameter, tower height/type, foundation type/dimensions.

ii.

Tower foundation blueprints or drawings signed by a professional engineer licensed to practice in the State of Michigan.

iii.

Tower blueprints or drawings signed by a professional engineer licensed to practice in the State of Michigan.

iv.

Electrical schematic illustrating the proposed support infrastructure wires location, depth and directional flow of power from the wind turbine to the utility's connection lines.

(Ord. No. 14-309, § 13, 12-8-14)

(1)

Specific requirements.

(a)

Minimum lot size: In all zoning districts where small wind turbines are permitted as a special use after approval the minimum lot size shall be two acres. Structure cannot exceed 75 feet in height.

(b)

Setback: All small wind turbines shall be setback from any property line a minimum of 100 percent of the height of the structure.

(Ord. No. 14-309, § 14, 12-8-14)

(a)

A marijuana grower, marijuana processor, marijuana provisioning center, marijuana secure transporter, and marijuana safety compliance facility, in accordance with the provisions of state law, shall be subject to the following standards:

(1)

Any uses or activities found by the State of Michigan or a court with jurisdiction to be unconstitutional or otherwise not permitted by state law may not be permitted by the city. In the event that a court with jurisdiction declares some or all of this article invalid, then the city may suspend the acceptance of applications for conditional use permits pending the resolution of the legal issue in question.

(2)

At the time of application for a use permit the marijuana facility must be licensed by the State of Michigan and then must be at all times in compliance with the laws of the State of Michigan including but not limited to the Michigan Medical Marihuana Act, MCL 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.; and the Marihuana Tracking Act, MCL 333.27901 et seq.; and all other applicable rules promulgated by the State of Michigan.

(3)

At the time of application for a use permit the marijuana facility must be permitted by the city pursuant to the city's medical marijuana facilities ordinance, or have the city permit concurrently in process with the conditional use permit and site plan approval, and then must be at all times in compliance with the city's medical marijuana facilities ordinance.

(4)

The use or facility must be at all times in compliance with all other applicable laws and ordinances of the city.

(5)

The city may suspend or revoke a conditional use permit based on a finding that the provisions of the conditional use standards in this section, all other applicable provisions of this zoning ordinance, the city's medical marijuana facilities ordinance, or the terms of the conditional use permit and approved site plan are not met.

(6)

A marijuana facility, or activities associated with the licensed growing, processing, testing, transporting, or sales of marijuana, may not be permitted as a home business or accessory use nor may they include accessory uses except as otherwise provided in this section.

(7)

Reserved.

(8)

Signage requirements for marijuana facilities, unless otherwise specified, are as provided in this chapter, article XI-B of the city zoning ordinance.

(b)

Marijuana growers and marijuana processors shall be subject to the following standards:

(1)

Minimum lot size. The minimum lot size standard shall be one acre.

2)

Minimum yard depth/distance from lot lines. The minimum front and rear setbacks for any structure used for marijuana production shall be 50 feet. Side setbacks shall be 20 feet.

(3)

Indoor production and processing. Marijuana production shall be located entirely within one or more completely enclosed buildings. No outdoor production or processing is permitted.

(4)

Facilities shall be industrial-grade, and be compatible with other structures/buildings within the Skyline Industrial Park.

(c)

Provisioning centers shall be subject to the following standards:

(1)

Nonconforming uses. A provisioning center may not locate in a building in which a nonconforming retail use has been established in any district.

(2)

Physical appearance. The exterior appearance of the structure shall remain compatible with the exterior appearance of structures already constructed or under construction within the immediate area, and shall be maintained so as to prevent blight or deterioration or substantial diminishment or impairment of property values within the immediate area.

(3)

Reserved.

(d)

Marijuana safety compliance facility shall be subject to the following standards:

(1)

A marijuana safety compliance facility shall be subject to the special regulations and standards applicable to medical laboratories and medical testing facilities in the ordinance.

(2)

All activities of a marijuana safety compliance facility, including all transfers of marijuana, shall be conducted within the structure and out of public view.

(e)

Marijuana secure transporter shall be subject to the regulations and standards applicable to transportation and warehousing uses in the zoning ordinance and any buildings or structures used for the containment of stored materials shall be located no closer than 50 feet from any property line.

(f)

The same provisions of this section shall be applied to recreational marihuana facilities.

(Ord. No. 17-333, § 4, 10-23-17; Ord. No. 18-338, § 4, 7-23-18; Ord. No. 19-344, §§ 1, 2, 10-28-19)

Cross reference— Allowance of recreational marihuana facilities, § 3-29.1; number of licenses for recreational marihuana facilities, § 3-29.2.