A.

Height Exceptions

1.

No building shall be converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, except penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building.

2.

Fire or parapet walls, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, smoke stacks, solar or wind energy devices, individual domestic radio and television aerials and wireless masts, water tanks, or similar structures, excluding light poles, may be erected above the limits herein prescribed.

3.

No such structure may be erected to exceed by more than fifteen (15) feet the height limits of the district in which it is located; nor shall such structure have a total area greater than ten (10) percent of the roof area of the building.

4.

None of the structures described above shall be used for any residential, commercial or industrial purpose other than a use incidental to the principal use of the building.

B.

Projections

1.

Architectural Features

a.

Architectural features, such as, but not limited to, window sills, cornices, eaves, bay windows (not including vertical projections), may extend or project into a required side yard setback not more than two (2") inches for each one (1') foot of width of such required side yard, and may extend or project into a required front or rear yard setback not more than three (3) feet.

2.

Balconies

a.

Balconies shall not be located within 5 feet of any common lot line and shall not encroach into the public right-of-way.

b.

Balconies may be a single level or multiple balconies stacked vertically for multiple stories.

c.

Balcony shall be enclosed by balustrades, railings, or other means that block at least half of the view through them.

d.

The balcony support structure shall be integrated with the building facade; separate columns or posts supporting any balcony from the ground are prohibited.

3.

Awnings

a.

Awnings may project over a sidewalk; however, there must be a minimum of 8 foot clearance provided from the sidewalk.

b.

Awnings shall be positioned immediately above ground floor windows and have a straight shed that projects from the building at a straight angle.

c.

Awnings shall be constructed of durable materials such as canvas or metal that will not fade or tear easily. Plasticized, rigid, cubed or curved awnings or mansard style canopies are prohibited.

d.

Awnings shall not be internally illuminated and any signs shall be illuminated by fixtures located above the awning and directed downward.

e.

Awnings shall not interfere with street trees.

4.

Signage

a.

Projecting blade signs are permitted but must be a minimum of 8-foot clearance from the sidewalk.

5.

Porches/Terraces, At-Grade Patios, Steps/Stairs and Decks.

a.

Each residential unit with a separate entrance shall include a stoop or porch.

b.

At-grade patios may be constructed within required front, side and rear yard setbacks. Porches or stoops may project into a required front or rear yard setback for a distance not exceeding four (4) feet.

c.

Steps associated with a proposed porch, deck or other similar structure that are required by the building code and constructed to that standard shall be exempt from the setback requirements of the district in which it is located.

d.

Ramps to improve accessibility to front porches and stoops are permitted to encroach into the front yard and shall be built to ADA specifications.

e.

All porches constructed along the front facade or abutting a street shall not exceed a square footage equal to thirty (30) percent of the building footprint of the principal structure and shall be subject to the design criteria of Section 4.3.B.

f.

Decks

i.

Decks may be allowed to project not more than ten (10) feet into the required rear yard setback, provided that the following conditions are met.

ii.

The deck does not encroach into any easement.

iii.

The deck is not located facing any street.

iv.

The deck conforms with applicable side yard setback requirements.

v.

The deck is located not less than ten (10) feet from any detached accessory building. (This separation shall not apply to any accessory structure.)

vi.

The deck elevation shall be no greater than eight (8) inches over the first floor grade elevation of the main structure. (Exception: a deck around a pool may match the height of the pool.)

vii.

Any additional structures attached to the deck, such as a gazebo or pool, shall be located at least ten (10) feet from any structure.

(ord. eff. April 24, 2021)

A.

A land use that is not cited by name as a use in any zoning district may be permitted upon determination by the Community Development Director that the use is clearly similar in nature and compatible with the uses that are listed in a particular district. In making this determination, the Community Development Director shall consider the following:

1.

In making the determination of compatibility, the Community Development Director shall consider specific characteristics of the use in question and compare these characteristics to those of the uses that are listed in the district. Characteristics considered shall include, but are not limited to, traffic generation, types of services offered, types of goods produced, methods of operation, noise, hours of operation and building characteristics.

2.

If the Community Development Director determines that the proposed use is consistent and compatible with permitted uses in a district, the Community Development Director shall determine whether the use shall be permitted by right or as a special land use, and the use requirements that the use shall be subject to. The proposed use shall be subject to the review and approval requirements for the district in which it is located.

a.

Where a use is not clearly similar to a use listed in the Zoning Ordinance and the Community Development Director cannot make a determination of what district the use shall be allowed in, then the use shall be referred to the Planning Commission for a use determination based upon the above criteria.

b.

The use determination of the Community Development Director or the Planning Commission may be appealed to the Zoning Board of Appeals for an interpretation of the use provisions of the Zoning Ordinance in accordance with Article 16.

c.

Except where a use variance may be granted, a proposed use shall not be permitted in a district under the terms of this Section where the use is specifically listed in any other district, or where the Community Development Director determines that the use is more similar in nature and compatible with the uses that are listed in another district.

d.

Any use that would constitute a violation of any other Federal, State or local law or regulation shall be prohibited.

(ord. eff. April 24, 2021)

A.

The new construction of front-loaded, attached garages shall not be permitted in the front or side yard of a residential use unless the following requirements have been met:

1.

The garage does not project past the front facade of the home. As defined, the front facade shall include porches, bay windows or any other permanent home improvement attached to the main structure.

2.

The dimension of the garage fronting the street is not greater than forty (40%) of the length of the home fronting the street.

B.

Attached garages, as defined in this Ordinance, which are rear or side loaded, or detached garages, shall not be subject to the above requirements.

(ord. eff. April 24, 2021)

A.

The use of the dwelling unit for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and, not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used for the purposes of the home occupation and shall be carried out completely within such dwelling.

B.

There shall be no change in the outside appearance of the structure or premises or other visible evidence of the conduct of such home occupation.

C.

Such home occupation shall not require internal alterations or construction, equipment, machinery, or outdoor storage not customary in residential areas.

D.

One (1) non-illuminated nameplate, not more than two (2) square feet in area, may be permitted, which shall contain only the name and occupation of the resident of the premises and mounted flat against the wall of the dwelling.

E.

No home occupation shall be conducted, in whole or in part, in any accessory structure, attached or detached, including garages, breezeways, porches, patios and the like.

F.

There shall be no sales of any goods, articles or services on the premises, except such as is produced by such approved home occupation.

G.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be provided by an off-street area, located other than in a required front yard.

H.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses of persons off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference with any radio or television receivers off the premises, or cause fluctuations in line voltage off the premises.

I.

Handicapped persons applying for home occupation permits may be excused from certain provisions of this Section by the Planning Commission, based on necessity.

J.

No person other than members of the family residing on the premises shall be engaged in such occupation.

(ord. eff. April 24, 2021)

No animals, livestock or poultry of any kind shall be raised, bred or kept on any residentially zoned or used property, except that non-vicious dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purposes. All animals shall be maintained in accordance with applicable City Ordinances.

(ord. eff. April 24, 2021)

A.

No person or business shall use any sidewalk or that space between the sidewalk and curb or any planted strips or park in sidewalks, or any parking area, or any area of a road right-of-way for displaying for sale, or for any other purpose, any goods or any other articles; or leave any goods, boxes, trucks, barrels, trunks or any other article or thing in or on such areas for a longer time than is necessary for the removal thereof from the transporting vehicle, into the place of business or residence to the transportation vehicle to which the sale is intended to be removed.

B.

Commercial sidewalk sales may be permitted for defined time periods by the City Commission. An applicant must be an owner or operator of an existing commercial operation who desires to display and sell goods or merchandise customarily sold within a building on the sidewalk abutting or in proximity to the existing facility. Commercial sidewalk sales shall be for a defined period specified in the permit, but not to exceed a total of twenty-eight (28) days per calendar year. Sidewalk sales shall be located and operated so as not to obstruct or interfere with pedestrian and vehicular traffic. The City Commission may establish a fee to defray the administrative costs for issuance of a permit.

C.

When permitted in a particular zoning district, an outdoor storage use shall be enclosed by an approved masonry wall or obscuring fence, as approved by the Planning Commission.

1.

All outdoor storage shall be screened from adjoining lots and streets.

2.

Such wall or fence shall not be less than four feet six inches (4'6") in height and may, depending upon land usage, be required to be ten (10') feet in height.

3.

An earth-toned, vinyl coated, chain link fence, or a landscaped earth mound (berm), both with intense evergreen shrub planting, may be permitted by the Planning Commission.

4.

Open storage areas shall be paved to parking lot standards and drained to meet City engineering requirements. In instances where the proposed storage items would place an excessive amount of stress on the paved surface, the Planning Commission may approve an alternative method of surfacing.

D.

No improvements for such use shall be erected closer to the site boundary lines than permitted by the setbacks of the I-2 Heavy Industrial District. No storage use shall be closer than one hundred (100') feet to the outer perimeter (property lines) of the district where said property lines abut any residential district or border other than an industrial district, and such space shall be fully landscaped and fenced at the setback line. Corner lot side yards must equal the setback requirements for the front yard on the street side as referenced herein.

E.

Whenever a different material is to be stored other than what was approved in the original request, a new approval shall be required from the Planning Commission.

F.

Uses expressly prohibited under this Section include the following:

1.

Junkyards, including used auto parts.

2.

Used building materials.

3.

Storage of combustible or odoriferous materials.

G.

Whenever a storage, display, or sales lot or area does not meet the specifications hereinafter set forth, the Community Development Director shall give notice to the property owner to repair same within a specified time, and if such repairs are not made in accordance with such notice, he/she shall order the lot or area closed forthwith; such lot or area shall not be used for such purposes until repairs have been approved by the Community Development Director.

(ord. eff. April 24, 2021)

A.

No site shall be used for the storage, accumulation, dumping and/or collection of waste, junk, garbage and other similar materials, except upon approval by the Planning Commission in compliance with Article 13 of this Ordinance or as otherwise permitted under this Ordinance.

B.

The owner or occupant of all land, structures and/or every part thereof shall have the duty to maintain same in a clean and sanitary condition, free from any accumulation of dirt, filth, rubbish, garbage and vermin, and the duty not to act or omit to act so as to create or permit the existence of a nuisance as defined in this Ordinance. This duty shall extend to any area of land between the site line and adjoining streets and curbs.

C.

The depositing of dirt, sand or earth materials shall be permitted in any district in accordance with the following requirements:

1.

Any finish grade to be established shall be approved by the City Engineer.

2.

The finish grade shall be graded not later than sixty (60) days after completion of the deposits on the land, in a manner so as to prevent the collection of water and which will leave the ground surface in a condition suitable for other permitted uses within the district in which the site is located.

(ord. eff. April 24, 2021)

A.

The parking of commercial vehicles shall be prohibited in all zoning districts except Commercial and Industrial Districts, unless otherwise permitted.

B.

Commercial vehicles shall not be permitted in a Residential District except as permitted below:

1.

The vehicle shall be used as the principal means of transportation for a resident in the conduct of such resident's employment or profession or is the resident's sole means of motor vehicle transportation.

2.

The vehicle shall not be a utility trailer, dump truck, stake truck, flat-bed truck, wrecker, or semi-tractor.

3.

No part of the vehicle may exceed ten (10) feet in overall height, measured from grade.

4.

The vehicle shall not have more than four (4) rear wheels.

5.

The vehicle shall not exceed eleven thousand (11,000) pounds gross weight.

6.

In any Multiple-Family Residential District, the property owner or the controlling association shall provide a designated area, approved by the Planning Commission, to park or store commercial vehicles. Parking spaces required to meet the parking requirements of this Ordinance shall not be used for the parking or storage of commercial vehicles.

7.

The parking or storage of essential public service vehicles where the vehicle is operated by the homeowner or the occupant is exempt from these provisions.

C.

Commercial vehicles which are employed in conjunction within a Non-Residential District shall be parked or stored in compliance with the following provisions:

1.

For sites with a site plan approved subsequent to the effective date of this Section, such vehicles shall be parked or stored in parking or loading spaces designated for that purpose on the site plan and per site plan approval.

2.

For situations not covered under 1. above, commercial vehicles shall not be parked or stored in the front yard.

D.

The parking or storage of commercial vehicles for residential, office, or storage purposes shall not be permitted.

E.

The repair, restoration, and maintenance of vehicles in any Residential District, when such work is not conducted entirely within the interior of the vehicle, shall be subject to the following limitations:

1.

Procedures exceeding forty-eight (48) hours in duration or which require the vehicle to be immobile or inoperable in excess of forty-eight (48) hours shall be carried out within an enclosed building.

2.

Inoperable vehicles and vehicle parts shall be stored inside an enclosed building.

F.

The outdoor storage of inoperable and/or unregistered vehicles shall be prohibited.

(ord. eff. April 24, 2021)

Except as provided elsewhere in this Ordinance, the erection, construction, alteration, maintenance, addition, reconstruction or replacement by public utilities of underground, surface or overhead distribution of gas, electricity, communications (except transmitting or receiving towers), steam or water transmission or distributing systems, collection, supply or disposal system, including poles, mains, drains, sewers, pipes, conduits, wires, cables, high voltage transmission lines, towers in connection with such lines, and other similar equipment and accessories in connection therewith shall require City Commission approval, after review and recommendation by the Planning Commission based on the standards outlined in Article 13, Section 13.1.A. of this Ordinance.

(ord. eff. April 24, 2021)

Any exterior receiving or broadcasting antenna shall not be located in the yard between the building and the street. All mechanical and storage areas at the base of such antennas shall be screened from public view in a manner deemed acceptable by the Planning Commission.

(ord. eff. April 24, 2021)

A.

Building-mounted WECS. One (1) Wind Energy Conversion System (WECS) shall be a permitted use on a lot in any zoning district and shall only require a permit from the Building Department, subject to the following requirements:

1.

The WECS is mounted to the roof of a structure;

2.

The WECS shall be a vertical axis wind turbine. Horizontal axis WECS with a propeller blade shall be specifically prohibited on top of a structure;

3.

The vertical axis wind turbine shall not exceed a height of more than fifteen (15) feet above the maximum permitted height in the zoning district in which it is located; and

4.

A building-mounted WECS shall be located no closer than fifteen (15) feet to a structure on a neighboring property.

B.

Ground-mounted WECS. One (1) WECS that is mounted on a tower attached to the ground shall be considered a permitted use on a lot in any zoning district and shall only require a permit from the Building Department, subject to the following:

1.

The maximum height of the tower shall not exceed fifty (50) feet.

2.

The tower shall maintain a setback of 1.5 times the overall height of the tower.

C.

In addition to the WECS permitted as a matter of right in subsection A. and B. above, an applicant may erect a WECS after special land use approval from the Planning Commission for the following circumstances:

1.

The installation of more than one (1) WECS on a property.

2.

Any ground-mounted WECS that exceeds an overall height of fifty (50) feet, subject to the setback requirements of subsection B.2.

D.

General requirements.

1.

Noise. No WECS shall produce a noise level that exceeds fifty-five (55) decibels (dbA) at the property line.

2.

Any proposed guy wires shall be setback of minimum distance of five (5) feet from a property line.

3.

The minimum vertical blade clearance from grade shall be fifteen (15) feet for a wind energy system employing a horizontal access rotor.

4.

Shadow flicker. The Planning Commission may request a shadow flicker analysis for any WECS requiring special land use review and approval. The analysis shall identify problem areas where shadow flicker may affect the occupants of nearby structures and describe measures that shall be taken to eliminate or mitigate the effects.

5.

Decommissioning. An operator shall remove any and all parts associated with a WECS within six (6) months once the device has become inoperable.

6.

An application to erect a tower-mounted WECS shall be accompanied by a structural engineer's report indicating that the proposed tower's design characteristics are sufficient to withstand winds, ice and other naturally-occurring hazards.

7.

An application for a structure-mounted WECS shall be accompanied by manufacturer specifications and building documentation sufficient to the Building Official to demonstrate structural stability. The owner shall also sign an affidavit taking responsibility for the WECS and the ability of the roof to support the device.

(ord. eff. April 24, 2021)

Wireless communication towers, including their respective transmission towers, relay and/or receiving antennas, and normal accessory facilities involved in television, radio, microwave, cable systems, cellular, personal communication, and similar communication services and facilities, shall be permitted as a special land use in the Light and Heavy Industrial Districts, when found to be essential or desirable to the public convenience or welfare and in conformance with the following requirements:

A.

The applicant shall submit a written statement and technical verification regarding the nature of any transmissions, electromagnetic fields, or any other radiation emitted from the facility, and any potential hazards to humans, animals, and/or any other materials or property in the area. Further, communication towers and facilities shall be designed and operated to prevent broadcast interference with any equipment located on nearby properties.

B.

A written explanation of the design characteristics and ability of the structure(s) and attendant facilities to withstand winds, ice and other naturally occurring hazards shall be submitted. This information shall also address the potential for the tower or other mounting structure and/or antennae to topple over or collapse, and what tower configuration should be expected in such an event. Technical documentation of any information regarding these concerns shall also be provided. Monopole (stealth or equivalent type) antenna structures shall be required where such are technologically feasible. In all cases, communication towers shall be designed to blend into the surrounding environment to the maximum extent feasible.

C.

In order to maximize the efficiency of providing such services, while minimizing the negative impact of such facilities on the City, co-location of such facilities on an existing tower or other existing structure is required, when feasible. An applicant shall furnish written documentation as to why a co-location at another site is not feasible and whether they have, in fact, contacted the owners of existing facilities to determine if co-location is possible. If the application represents a new tower/antenna facility, the applicant shall provide a letter of intent to lease any excess space on a tower facility and shall commit itself to:

1.

Promptly responding to any requests for information from a potential co-user of their tower/antenna;

2.

Negotiate in good faith and allow for leased, shared use of the facility, when it is technically practical; and

3.

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

4.

If the application involves co-location on an existing tower or structure, the public hearing requirements shall be waived and approval shall only include a site plan and documentation by the co-user as to their compliance with all of the terms and conditions required of the host applicant. Co-location may be permitted by the Planning Commission, after site plan review, on all existing towers and existing similar structures, regardless of the zoning district in which it is located.

D.

Approval of a communication tower facility shall not be granted until such time that the applicant has demonstrated all of the following:

1.

The proposed facility is needed because of proximity to an interstate highway or major thoroughfare, or is in proximity to areas of population concentration, or concentration of commercial, industrial, and/or business centers; or

2.

The proposed facility is needed because there are areas where signal interference has occurred due to tall buildings, masses of trees or other obstructions; and

3.

The proposed facility is needed because the telecommunications provider is unable to co-locate its facility with another provider or other structure; and

4.

The proposed facility is needed to complete its grid as it relates to the needs of the City of Mount Clemens, and its surrounding communities and that there are no suitable sites in any of said surrounding communities; and

5.

The proposed facility is designed to operate within the requirements for radio frequency emissions of the Federal Communications Commission and applicant has operated similar facilities within these requirements consistently.

E.

The development of any such facility, together with accessory uses, shall be in such a location, size and character as to be compatible with the orderly development of the zoning districts in which it is situated and shall not be detrimental to the orderly and reasonable development or use of properties in the adjacent areas or the community at large. Furthermore, the location and improvement of facilities, as provided for herein, shall also be subject to the following additional requirements.

1.

Towers may be located in the I-1 and I-2 Zoning Districts after special land use approval, and provided the location of such facilities do not represent a hazard to the use and/or development of other uses on the site and in the area. The development of new towers is specifically prohibited in all other zoning districts in the City. The City strongly encourages the development of required towers on suitable City property. Consult with the City Community Development Department with regard to City property locations prior to submitting an application.

2.

The site shall be of such size and shape that the proposed tower facility may be developed in compliance with all requirements of the City, and any such tower/antenna shall not exceed one hundred sixty (160) feet in height above the average grade around the structure it is mounted upon.

3.

The tower site shall meet all City standards relating to drainage, lighting, landscaping, general safety and other applicable standards. All landscaping shall be placed in an aesthetically pleasing and functional manner. Such landscaping shall be incorporated along access drives servicing the tower site and around fencing and all associated cabinets. Maintenance of all landscaped areas associated with the construction of a tower or the co-location of an antenna shall be the sole responsibility of the tower owner. All landscaped areas shall be continuously maintained in a sound, weed-free, healthy and vigorous growing condition. All unhealthy and dead material shall be replaced within one (1) year.

4.

All communication towers and facilities shall be surrounded by a six (6') foot fence to prevent unauthorized access and vandalism, six (6') foot high evergreen trees shall be placed at intervals of ten (10') foot on center outside of said fence to screen the tower base and ancillary facilities.

5.

Lighting associated with communication towers and facilities shall comply with all applicable FAA regulations. Where tower lighting is required, it shall be shielded or directed to the maximum extent possible to minimize the amount of light that falls onto nearby properties.

6.

A twelve (12') foot wide paved access road shall be provided and maintained in a good condition to provide access for service and emergency vehicles. Such access road shall meet all City engineering design requirements.

7.

Setback requirements will be determined in relation to the tower/antenna design and collapse data previously required in this Section. Minimum setback requirements, unless otherwise provided for, are as follows:

a.

When adjacent to non-residential zoning districts, the setback shall not be less than the overall height of the tower/antennas. This setback requirement shall also apply to any accessory buildings. If the design and collapse data for the tower properly documents its ability to collapse down upon itself, the setback requirements to any side or rear yard property line abutting a non-residential zoning district may be reduced to one-half the overall height of the tower. In no instance shall any tower facility be located within a front yard. Accessory buildings shall be screened from view by an obscuring greenbelt.

b.

When adjacent to any residential zoning district, the tower setback shall not be less than the overall height of the tower/antennas, plus fifty (50) feet. If the design and collapse data for the tower properly documents its ability to collapse down upon itself, the setback requirement to any side or rear yard property line abutting any residential district may be reduced to the overall height of the tower/antenna. In no instance shall any tower be located within a required front yard. Accessory buildings and uses shall be screened from the view of any public right-of-way and residential zoning district by an obscuring greenbelt.

c.

Further modifications to the side and rear yard setbacks may be considered when it is documented that the adjacent property is unbuildable due to wetlands, floodplains or other significant limitations. It shall also be found that no adverse effects on reasonable development patterns in the area would be created by developing the tower.

8.

Cellular antennae and supporting structures shall be permitted to be attached to buildings and structures in all zoning districts whether or not they are accessory to the building use, subject to the following conditions.

a.

The principal use is a conforming use and the building is a conforming structure.

b.

If connected directly to the main building, antennae may be attached to any portion of the building. Such antennae or antennae with supporting structure may not exceed twenty (20') feet in height.

c.

The structure that supports antennae may not exceed ten (10') feet in height.

d.

Such antennae with supporting structure shall not be credited to the overall height of the building.

e.

Any structure that supports antennae shall be setback from the outermost vertical wall or parapet of the building, a distance equal to at least two times the height of such supporting structure.

F.

In addition to site plan review, the Commission, with a majority vote, may require an independent third-party review of an application. Such review shall be conducted by a professional engineer specializing in this type of communication technology and will be paid for by the applicant. The requirement for such a review shall be based on one or more of the following findings:

1.

The applicant has not substantiated a need for a proposed tower to the satisfaction of the Commission.

2.

The applicant has been unable to disprove the ability to co-locate on an existing tower or structure to the satisfaction of the Commission.

3.

The applicant has not substantiated the structural safety of a structure to be commensurate with the requested setback.

4.

The data supplied by the applicant is determined to be disorganized, confusing or misleading by the Commission.

5.

The applicant has not substantiated that alternative technology cannot be utilized as a substitute to the proposed tower construction.

G.

All structures, buildings and required improvements shall comply with all other applicable codes and ordinances and shall be continuously maintained in a safe, healthful and complying condition. Every telecommunication provider with sites located in Mount Clemens shall provide the City with an annual report disclosing the radio frequency emissions of each tower or antenna it has within the City, and require annual inspections of radio frequency emissions of each tower or antenna by the City to insure that they are being operated within the requirements of the Telecommunications Act of 1996. The permit may include a requirement for periodic structural and safety inspections and reports, as deemed necessary by the City Commission. The City shall charge a fee for the annual inspection to cover its costs.

H.

Every telecommunication provider with sites located in Mount Clemens shall attend an annual meeting with the City Administration to advise the City of their current and future needs and plans, changes of technology, and possible modifications of their systems in Mount Clemens. The purpose of these meetings shall be to foster a better understanding of the needs of the industry, the concerns of the City, and promote a mutually beneficial working relationship between the two in order to better serve the community.

I.

A condition of every approval of a wireless communication facility shall be adequate provision for the removal of the facility by users and owners when the facility has not been used for one hundred eighty (180) days or more. Removal of the tower/antenna and its accessory use facilities shall also include removing the top three (3) feet of the caisson upon which the tower is located and covering the remaining portion with top soil. For purposes of this Section, the removal of towers, antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse.

J.

The applicant shall deposit with the City, in a form which is satisfactory to the City, a performance guarantee in an amount established by the City Commission resolution as security for the removal of tower if abandoned for use of cellular facilities.

(ord. eff. April 24, 2021)

Temporary buildings, structures and uses may be permitted as follows:

A.

To receive approval for a temporary building, structures and/or use, the following are required:

1.

The applicant and the property owner must not be delinquent on any property taxes or fees owed to the City.

2.

The use must not be prohibited by any other ordinance of the City.

3.

The applicant must provide written permission from the property owner for the proposed temporary use.

B.

The Community Development Director may approve temporary buildings, structures and uses for not to exceed a period of one hundred eighty (180) days in a calendar year, provided the proposed use is an accessory use to an approved principal permitted use for the site and the principal permitted use is in compliance with city ordinances, with such additional conditions as may be determined by the City.

1.

The Community Development Director may also approve temporary buildings, structures and uses for not to exceed thirty (60) days in a calendar year if the proposed use is not an accessory use for the site, the principal permitted use is in compliance with this zoning ordinance, with such additional conditions as may be determined by the City.

2.

Applicants who are dissatisfied with the decision of the Community Development Director may appeal the decision to the Zoning Board of Appeals.

C.

The Zoning Board Appeals may permit temporary buildings, structures, and uses for up to twelve (12) months in a calendar year from the date of ZBA approval provided that all requirements and conditions relative to the type of structure and use, and timing and arrangements for termination and removal, are specified in writing.

1.

The Zoning Board Appeals may condition approvals related to setbacks, screening, off-street parking, liability coverage, and other conditions considered necessary to protect the health, safety, welfare, and comfort of the inhabitants of the City.

2.

A single six (6) month extension may be granted if the Board of Zoning Appeals is petitioned by the applicant prior to the expiration of the original approval.

(ord. eff. April 24, 2021)

A transportation impact analysis for projects expected to have fifty (50) or more peak hour directional trips or five hundred (500) or more vehicle trips daily. Contents of the transportation impact study shall include:

A.

Illustrations and a narrative which describes the study area and existing operations for the street system (right of way, functional classification, lane configuration, speed limits, any sight distances limitations, driveways on both sides of streets adjacent to the site, current traffic conflicts, etc.)

B.

An evaluation for the a.m. and p.m. peak hour of both the use(s) and adjacent street system. This level of service evaluation shall be conducted for representative uses allowed under both the current and requested zoning districts. For uses expected to generate more than one hundred (100) peak hour directional trips or seven hundred fifty (750) trips daily, an evaluation of operations at major signalized or non-signalized intersections in proximity to the site is required in addition to site access points.

C.

A table that describes the peak hour and daily trips for representative uses under both the current and requested zoning district. The city may require concept or schematic drawings or other information to confirm the size of development permitted under each scenario.

D.

The traffic impact analysis shall be developed in accordance with published recommended practice in Michigan, the ITE handbook, and the Highway Capacity Manual. The preparation shall be conducted by a qualified professional. Traffic count data shall be collected using accepted practices and shall not be over two (2) years old. The forecasts shall be based on the data and procedures outlined in the most recent edition of Trip Generation published by the Institute of Transportation Engineers (ITE). The applicant may use other commonly accepted sources of data or supplement the standard data with data from at least 3 projects in similar locations in Michigan.

E.

The transportation study shall provide at least three (3) levels of analysis: current conditions, project impacts (projects permitted under requested zoning + existing), and future conditions (existing + project traffic + background traffic growth + traffic associated with other developments in the immediate area approved or under construction). The city may require corridor level computer modeling when multiple uses or projects are being considered or where multiple traffic signals will be impacted.

F.

In areas with observed pedestrian activity and near parks or schools, a multi-modal level of service evaluation (pedestrians and bicyclists) shall be include along with recommendations to improve the quality of such travel.

G.

Any trip reduction for pass by trips, transit, ridesharing, other modes, internal capture rates, etc. shall be based both on ITE findings and documented survey results acceptable to the city and applicable road agency. The community may elect to reduce the trip reduction rates used.

H.

The report shall evaluate the design of proposed access including conformance to the standards in Section 10.7 or support for an exception from those standards, any sight distance limitations, proper spacing, and relationship to other access points, and potential for shared access facilities.

I.

The study shall outline mitigation measures and demonstrate any changes to the level of service achieved by these measures. Any alternatives or suggested phasing of improvements should be described. The mitigation measures may include items such as roadway widening, need for bypass lanes or deceleration tapers/lanes, changes to signalization, use of access management techniques, or a reduction in the proposed intensity of use. Proposed mitigation measures must be acceptable to the applicable road agency (City, Macomb County, or MDOT). The responsibility, timing of roadway improvements, and relationship to available right-of-way shall be described.

J.

The requirement for a transportation impact study, or the specific study elements required may be waived or modified by the City. Reasons for the waiver or modification shall be documented. Factors to be considered include:

1.

Roadway improvements are scheduled which are expected to mitigate any impacts associated with the proposed project.

2.

The existing traffic level of service (LOS) along the roadway is not expected to drop below LOS "D" due to the proposed project.

3.

The existing level of service for all modes is considered acceptable and is not expected to be significantly impacted by the proposed project due to specific conditions at the location.

4.

A similar transportation study was previously prepared for the site and is still considered applicable.

(ord. eff. April 24, 2021)

A.

BUILDING GRADES.

When a new building is constructed on a vacant lot between two (2) existing buildings or adjacent to an existing building, the existing established grade shall be used in determining the grade around the new building, and the yard around the new building shall be graded in such a manner as to meet existing grades and not to permit run-off of surface water to flow onto the adjacent property. If necessary, drain systems will be installed to provide water run-off solutions from new buildings or existing buildings onto existing areas at the new building owner's expense. Final grades shall be approved by the Building Inspector. A "certificate of grading and location of building" shall be duly completed and certified by a registered engineer or land surveyor before construction begins.

B.

BUILDINGS TO BE MOVED.

Any building or structure which has been wholly or partially erected on any premises, located either within or outside of this City, shall not be moved to and placed upon any other premises in this City until a permit for such removal shall have been secured. Any such building or structure shall fully conform to all the provisions of this Ordinance in the same manner as a new building or structure.

Before a permit may be issued for moving a building or structure, the Building Inspector shall inspect same and shall determine if it is in a safe condition for moving, whether it may be reconditioned to comply with the current Building Code and other City requirements for the use and occupancy for which it is to be used. Provided these conditions can be complied with, a permit shall be issued for the moving of said building or structure.

C.

EXCAVATIONS OR HOLES.

The construction, maintenance or existence within the City of any unprotected, unbarricaded, open or dangerous excavations, holes, pits or wells, which constitute or are reasonably likely to constitute a danger or menace to the public health, safety or welfare, are hereby prohibited; provided, however, this Section shall not prevent any excavation under a permit issued, pursuant to this Ordinance, where such excavations are properly protected and warning signs posted in such manner as may be approved by the Community Development Director. Such excavations and holes shall not be permitted beyond a sixty (60) day duration. This Section shall not apply to drains created or existing by the authority of any governmental agency.

D.

TEMPORARY BUILDINGS

Temporary buildings pursuant to the establishment of a permanent building and permitted use. All such temporary buildings shall be immediately removed upon expiration of their time limit established as a condition of their construction.

(ord. eff. April 24, 2021)