(a)

Accessory buildings. Accessory buildings or structures in all residential districts shall be customarily incidental to, and subordinate in size and scope to the principal structure or use, and shall be subject to the following regulations:

(1)

Where the accessory building is structurally attached to a main building, it shall conform to all regulations of this chapter applicable to the main building.

(2)

An accessory building shall not be used for any business, profession, trade or occupation, except where approved by the City of New Baltimore as a home occupation.

(3)

Detached accessory buildings and/or structures:

a.

Shall not be located in the required front or required side yard setbacks. On corner lots, they shall not be located within the required front yard setback along all street frontages. On lake, river or canal lots (see subsection 60-101(f), garages may be located no closer than 25 feet to the road right-of-way line.

b.

Shall not be located closer than ten feet to any other building.

c.

May be located in the side or rear yards, provided that they are not located closer than five feet to any lot line or one foot from an alley.

d.

A storage building of no more than 100 square feet may be permitted in the side or rear yard.

e.

Shall not exceed 20 feet in height.

f.

Shall not be constructed prior to the construction of the main building.

g.

Shall have the following maximum size limits. All accessory buildings and structures shall be included in the calculation of permitted maximum lot coverage of the applicable zoning district.

1.

On parcels of 12,500 square feet or less, one detached garage or carport building, and one storage building, the total of which shall not exceed 725 square feet of floor space, shall be permitted.

2.

On parcels with more than 12,500 square feet, but less than five acres, the total of all detached accessory building(s) shall not exceed 1,200 square feet, and no more than two detached accessory buildings shall be permitted.

3.

On five acres or more, the total of all detached accessory building(s) shall not exceed 2,000 square feet. There shall be no more than three detached accessory buildings.

4.

A boat hoist, boat lift, or boat house is permitted in the lake or canal yards, provided that such structure is not enclosed, except with a roof or similar top cover, and a maximum wall drop from the roof not to exceed two feet, and a clear opening of at least six feet below either the roof or wall drop (see subsection 60-101(f)).

(b)

Design standards.

(1)

The front elevation of single-family detached dwelling units shall not recur in the same or a substantially similar structural form on another dwelling within the same block frontage, without there being at least three other dwellings with a different building elevation between the dwellings that repeat the front elevation. Different colors alone will not constitute different front elevations.

(2)

Plans for modulars, prefabricated units and similarly constructed units shall be approved by the State of Michigan Construction Code Commission as meeting the State Construction Code (Public Act 230 of 1972 and Public Act 371 of 1980, as amended) prior to the issuance of a building or occupancy permit. Manufactured/mobile homes or trailers shall meet or exceed the requirements imposed by the United States Department of Housing and Urban Development Mobile Home Construction and Safety Standards (24 CFR 3280 and as, from time-to-time, such standards may be amended). The planning commission shall be furnished a certificate stating that such dwelling meets the minimum building code requirements applicable to such structure or shall include a seal attached to the unit. Any addition to such manufactured home must be designed and constructed by the manufacturer of such home or must be based upon an architectural plan deemed compatible with the overall design of the manufactured home and approved by the planning commission.

(3)

All one-family dwelling units shall have a minimum width across any front, side or rear elevation of 24 feet.

(4)

All dwelling units shall be attached to a permanent foundation constructed on the site in accordance with the building code and shall have a wall of the same perimeter dimensions of the dwelling and additions thereto and constructed of such materials and type as required in the building code. In the event that the dwelling is a manufactured home, as defined herein, such dwelling shall also be installed pursuant to the manufacturer's setup instructions and shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the Michigan Mobile Home Commission and shall have a continuous perimeter wall, as required above.

(5)

Single-family dwellings shall be aesthetically compatible in design and appearance with other residences in the vicinity. In making such determination of compatibility, the planning commission may consider the following factors: total square footage; length-to-depth proportions; value and quality of construction; exterior building materials; architectural style and design and roof line; as well as the character, design and appearance of a majority of the residential dwellings (excluding manufactured housing communities) within 500 feet of the subject dwelling. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.

(c)

Dwellings per lot or parcel. No more than one single-family residential dwelling shall be permitted per lot or parcel, except as provided for in a site condominium.

(d)

Dwellings without basements. Each one-family and two-family dwelling unit without a basement shall provide not less than an additional 100 square feet of floor area for utility rooms and/or storage space greater than the minimum floor area per dwelling unit.

(e)

Fences, walls and protective barriers.

(1)

No fence shall be erected in the single-family residential district along the line dividing lots or parcels of land or located within any required rear or side yard in excess of six feet in height above the average grade of the land.

(2)

Public recreation facilities may erect a fence greater than six feet in height to provide protection to adjoining residential properties after approval from the planning commission.

(e)

Fences, walls and protective barriers.

(3)

All single-family residential properties where the back or side yard of the house abuts a major, secondary or collector road, as designated in the City of New Baltimore Master Plan, shall meet the following requirements:

a.

All fences, unless otherwise approved as part of the platting or condominium process, that are located within a side or rear yard abutting a road (as described above) shall maintain a required height of six feet and panel lengths of eight feet to maintain uniformity along all road frontages. Such fences shall be located on the property line abutting such road and shall be installed consistent with the manufacturer's specifications.

b.

All such fences shall:

1.

Be a heavy gauge vinyl fence type.

2.

Carry a transferrable limited lifetime warranty.

3.

Be of a flat-top style, not dog-ear or shadow-box style.

4.

Be a sand/beige color.

5.

Have an aluminum-reinforced bottom rail.

6.

Have the ability to be installed to step over terrain where the topography is not flat and such installation is determined necessary by the building official to maintain a consistent height and character across a yard or multiple yards.

7.

Have a gate, of the same material as the fence, to provide access to the opposite side of the fence for maintenance purposes.

(4)

All single-family residential properties where the front yard abuts a major, collector or local road, as designated in the City of New Baltimore Master Plan, shall meet the following requirements.

a.

No fence, wall or hedge shall be located in the front yard of a residential lot or parcel which has a height greater than 42 inches. Fences located in the front yard shall be decorative in nature. Chain link fencing is prohibited within the front yard.

(5)

Fences within 15 feet of the intersection of a driveway and the road right-of-way shall not be constructed of view-obscuring materials to ensure adequate clear vision for vehicular traffic.

(6)

All fences in multiple-family residential districts shall be subject to site plan review procedures.

(7)

Fencing on adjoining properties shall be required to maintain a back-to-back relationship. When separate fences have been installed on adjoining properties, there shall be not more than six inches between the two fences.

(8)

All fences hereafter erected shall be installed with the post side facing towards the property on which the fence is located.

(f)

Lake, river or canal lot frontage. Those residential lots and/or parcels having one lot line abutting or extending into the water and an opposite lot line abutting a public thoroughfare shall maintain at least a 30-foot open and unobscured yard area on the water side, except that the following exceptions apply:

(1)

Exceptions specific to lake lot frontages:

a.

A boat hoist, boatlift or an uncovered boat well pursuant to subsection 60-101(a)(3)g.4. may be permitted.

The construction of a deck or patio shall not be permitted on top of the roof of a covered boat well or structure

b.

One dock box and one pump house may be permitted subject to the following requirements:

1.

Height: Twenty-four inches.

2.

Width: Thirty-six inches.

3.

Length: The length of a dock box or pump house shall not exceed eight feet.

(2)

A boardwalk or patio abutting the water's edge shall be permitted subject to the following conditions:

a.

Such boardwalk or patio shall be no more than 20 feet in width and no more than 12 inches above the natural grade of the site.

b.

No boardwalk shall be permitted to cantilever or extend into the water and/or beyond the property line.

(3)

Exceptions specific to canal or river lot frontages:

a.

All permitted exceptions specific to lake front lots, and;

b.

A covered boat well or boat hoist pursuant to subsection 60-101(a)(3)g.4. may be permitted.

(4)

In general, the waterfront yard shall be measured from the seawall or bulkhead or the average shoreline established by the Corps of Engineers. A principle structure shall maintain a minimum setback on the waterside of 90 feet, or a setback equal to the average setback of the adjacent lots. In no case may a structure be constructed that is more than 15 feet in front of the principle structure on the waterside of an adjacent lot. No main or accessory building shall be closer to the thoroughfare than authorized by the front yard setback required in this chapter.

(g)

Measuring minimum floor space requirements. Minimum floor space requirements as established by the various provisions of this chapter for residential dwelling shall be measured from the exterior surface of enclosing walls and the centerline of common partition walls for each dwelling unit. Minimum floor area shall not include cellars or basements, attached garages or attics, unheated breezeways, porches or decks.

(h)

Residential entranceway. In all residential districts, so called entranceway structures, including, but not limited to, walls, columns and gates, marking entrances to single-family subdivisions may be permitted and may be located in a required setback, provided that such entranceway structures shall comply with all codes and ordinances of the city and be approved by the planning commission.

(i)

Residential open space development.

(1)

Residential open space development, as defined in this chapter, shall be considered a permitted use in the R-65, R-70 and R-80 Zoning Districts.

(2)

Intent. The intent of this section of the Zoning Ordinance (this chapter) is to provide a preferable alternative to conventional single-family development regulations. All residential open space developments shall promote the following objectives:

a.

Preserve the city's natural resources, including woodlands, wetlands, topography, floodplains and similar natural assets.

b.

Preserve open space.

c.

Encourage a creative approach to the development of parcels exhibiting unusual characteristics and/or land use relationships.

d.

Provide alternatives to conventional subdivision development.

e.

Provide common areas with recreation opportunities of both a passive and active nature.

(3)

Submission and preservation requirements.

a.

All natural assets and cultural/historic features on the site must be identified on the plan. Such assets shall include natural stands of large trees, wetlands, floodplains, productive agricultural land, topography, bodies of water (i.e. streams, rivers), land which serves as a natural habitat for wildlife, or other natural assets which should be preserved. Regulated natural features such as, but not limited to, wetlands and floodplains must be identified through documentation from the appropriate federal, state and/or local authorities.

b.

A detailed map of the parcel identifying soil conditions shall be provided. Soil borings may also be required by the planning commission.

c.

The site design for common open space shall include both active and passive recreation areas for residents within the open space community. Active recreation areas shall refer to upland areas with man-made improvements that are maintained on a regular basis. These areas shall not include open water regardless of the ability to provide for swimming, boating, fishing and similar water related activities. All open space developments shall include an improved trail way system as a portion of the required active recreation area. Active recreation areas may also include playground equipment, properly constructed sport fields, swimming pools, exercise equipment, parks (with benches, picnic tables, barbeques and gazebo-like structures) and other similar type uses. Passive recreation shall be open space areas left in their natural state, preserved natural amenity areas, open fields (improved as required in subsection (i)(5), herein), agricultural land, and open water lakes (not including retention/detention ponds). This paragraph shall not apply to farmland preservation projects. Such passive and active open space shall be clearly defined on the site plan.

d.

A preservation and maintenance agreement for all open space areas and common elements, reviewed and approved by the city attorney shall be submitted. Approval of the development shall be conditioned upon the recording of appropriate conservation easements and/or other irrevocable instruments for the purpose of providing for maintenance and preservation of common elements, open space areas, wooded areas and/or other areas with natural resources or features to be preserved. All such maintenance agreements, deed restrictions, and the approved plans from the city shall clearly indicate that open space maintenance shall be the responsibility of the homeowners or condominium association.

(4)

Density.

a.

The maximum number of units allowed shall be determined by the submission of a "yield plan". The yield plan shall be provided by the developer and shall be a feasible development under the requirement standards of the specified zoning district with regard to lot width, lot area, width-to-depth ratios, setbacks, frontage, and other applicable provisions of such district. The yield plan shall meet all applicable requirements of the State Land Division Act and all applicable city ordinances. The yield plan shall also meet all requirements of the City of New Baltimore Land Division and Subdivision Regulation Ordinance (chapter 28 of this Code).

The planning commission may require soil and ground water perk tests for lots of a suspect nature. They may also require test wells if adequate well water is questionable. If it is determined through these tests that the number of housing lots proposed is unfeasible, the site plan will be revised and resubmitted, minus the number of house lots that failed the perk and/or water test. Detailed engineering is not required at this stage.

b.

The planning commission may award the applicant a development bonus with regard to the number of residential units permitted within an open space development. Such bonus shall not exceed a ten-percent increase in the number of residential units. The planning commission may grant such a bonus upon a finding that the applicant is preserving the natural features of the site or creating natural features on site.

(5)

Open space requirements.

a.

A minimum of twenty percent of the development shall be set aside for common open space, as defined below. The amount of active open space acreage so required by this section shall be determined by the following formula:

_____

* The population per dwelling unit shall be determined by using the current Southeast Michigan Council of Governments projections for persons per household for the City of New Baltimore. In no case shall a number less than 2.50 persons per household be utilized.

Said area shall either:

1.

Belong to the homeowner's association, with proper maintenance being set forth in homeowner deed restrictions; or

2.

The developer may choose to deed such land to the City of New Baltimore for neighborhood playgrounds, parks or recreation areas subject to city acceptance of such property. For the purposes of this chapter, the city shall only consider acceptance of a minimum of four acres of contiguous active open space. The failure of the city to accept such property shall not relieve the developer from the requirements of the open space ordinance.

Open space shall be defined as follows: All areas within the open space development, not individually owned or part of a limited common area, which are designed and intended to preserve open land resources for the common use and enjoyment of the residents of the entire development for any of the following uses: recreation, forestry and/or open space conservation, prairies, meadows, community gardens, or agricultural uses. The open space requirements shall not be met by land uses such as rights-of-way or easements designated for road or utility purposes, areas within lots, detention/retention ponds (and associated land surrounding the ponds), golf courses or other commercial recreational uses, or land area dedicated as limited commons.

b.

A minimum of 33 percent of all dwelling units within the development shall abut the dedicated open space.

c.

Trail ways shall be located throughout the open space and shall link the internal sidewalk/walking path system of the housing development with the open space areas. Such trail ways shall be a minimum of five feet in width and constructed of asphalt in upland areas and wood plank decking in wetland areas.

d.

A minimum of one access point to the open space, being a minimum of 50 feet in width, shall be provided for each 12 households. These access points shall link the open space to the sidewalks and the remainder of the development.

e.

Developments shall provide open space in a manner which encourages the future linkage of open space to adjacent parcels.

f.

All dwelling units shall have side, rear, or alley entry garages, or other configurations not opening directly to the street; except that the planning commission may approve dwelling units with garages that face the road if such garage does not extend beyond the front plane of the living quarters of the dwelling.

g.

The development shall include a minimum of a 210-foot roadway setback-buffer measured from the road centerline along any regional, major, or secondary road with a right-of-way of 120 feet or less. For those roads with a right-of-way greater than 120 feet, the roadway buffer shall be increased one-half foot for each one foot over 120 feet.

h.

A minimum buffer width of 30 feet shall be provided between streams, lakes, ponds or wetlands and similar man-made features such as detention/retention basins. Residential lots shall not encroach within this 30-foot wide waterbody/waterway buffer.

i.

Nonagricultural open fields designated for passive recreation shall be planted with native prairie grass or similar types of ground cover. In addition, ten trees shall be planted for each one acre of open field. Deciduous trees shall be a minimum size of 2½ inches caliper and evergreen trees shall be a minimum of six feet in height. Such trees shall be planted and maintained within the open field area and be native to Michigan.

(6)

Utilities. All utilities shall be placed underground when feasible. The applicant shall provide adequate sanitary sewage treatment, water supply and storm water drainage systems to serve the development. Evidence shall be submitted indicating that all such systems have received preliminary approval from appropriate county or state authorities. The city shall have sole authority for final approval of any utility system. In the absence of a city utility system, all utilities to serve the site shall be constructed and maintained by the applicant and any successors. A maintenance agreement, approved by the city, shall be required.

(7)

Roads. Roadways shall conform to the Road Commission of Macomb County standards and/or the City of New Baltimore Engineering Standards.

(8)

Street trees. The entrance and roadways shall be landscaped and planted with street trees, to create an attractive vista. Such trees shall be planted no more than thirty feet on center. The trees shall meet the size and species requirements of this chapter.

(9)

Pedestrian circulation. Sufficient right-of-way width shall be provided so that sidewalks may be installed on both sides of all streets. A five-foot wide concrete sidewalk shall be located one foot from the property line (within the street right-of-way). This requirement may be waived by the planning commission when an acceptable and more imaginative solution to pedestrian circulation is proposed by the applicant.

(10)

Setbacks. The following building setbacks shall be required:

a.

Thirty feet from the edge of any interior road right-of-way or easement.

b.

Five-foot side yard setback. No two principal structures shall be located within thirty feet of each other.

c.

Rear yard setbacks shall be a minimum of twenty feet for lots with rear yards which abut open space or alleys. All other lots shall meet the rear yard setback of the zoning district for the site.

d.

No lot, property line or building site shall be located within an exterior roadway setback-buffer.

(11)

Fencing. The use of perimeter fencing around building sites is prohibited except as permitted herein. Rear yards and side yards may be enclosed with split rail, picket-type, wrought iron, or other similar decorative fencing. Such fences shall not exceed 48 inches in height. In no case shall view obscuring fences, privacy fences, chain-link fences or other similar wire fences be permitted on a site. Fences are prohibited in the front yard or street-side (front) yard.

(12)

Dedication of open space and/or development rights. The dedicated open space shall be set aside in an irrevocable conveyance that is acceptable to the city attorney and approved by the city council, such as the following:

a.

A conservation easement as established by the State of Michigan Conservation and Historic Preservation Act, Public Act 197 of 1980, as amended (M.C.L. 399.251).

b.

Master deed as established by the State of Michigan Condominium Act, Act 59 Public Act of 1978, as amended.

c.

Distribution, gift or sale of the development rights to all property owners within the open space community.

The above conveyance shall indicate all proposed uses of the dedicated open space, which shall also be shown on the approved open space community. The city Attorney shall review the conveyance and assure the city that such lands shall remain as open space for perpetuity. The conveyance shall also detail a maintenance schedule and funding for operation, maintenance and insurance for all common areas, facilities, projects and programs of the Open Space Community, and shall include methods of payments and collection. The homeowner or condominium association shall be responsible for maintenance of all open space areas. At the time the property is turned over to the association it shall be clean and free of debris.

(13)

Unless otherwise provided for in this chapter, all other applicable zoning ordinance provisions shall apply.

(j)

Storage in any residential district.

(1)

Fish shanties shall be stored in a safe and sightly manner. All openings shall be secured, locked, or otherwise fastened to preclude the possibility of a child or adult being trapped or otherwise injured.

(2)

Boats shall be stored and shored in such a manner as to withstand a 45 mile an hour wind and shall be covered or otherwise protected to prevent accidents to children and adults.

(3)

All storage of equipment, trailers and materials shall be made as safe and sightly as is reasonably possible.

(4)

All such property shall be owned by the property owner or resident, except that not more than one nonowned trailer or boat may be stored on the lot or parcel.

(k)

Swimming pools. All swimming pools erected in the city greater than 24 inches in depth shall comply with the following requirements:

(1)

Pool location. Neither the pool nor its fence shall be located within the required front yard or required corner lot side yard. Rear yard setbacks shall not be less than ten feet between the pool outside wall and the rear property line, or less than the established easement width at the rear property line, or less than ten feet between pool wall and any building on the lot.

(2)

All electrical installations or wiring in connection with swimming pools shall conform to the provisions of the City of New Baltimore electrical code. If service drop conductors or other utility wires cross under or over a proposed pool area, the applicant shall make satisfactory arrangements with the utility involved for the relocation thereof before a permit shall be issued for the construction of a swimming pool. A no-fault ground unit should be provided to protect against electrical shock.

(3)

A building permit is required prior to the construction of the pool or the installation of electrical service.

(Ord. No. 158, § 5.00, 9-22-2008; Ord. No. 173, § 1, 3-14-2011; Ord. No. 194, § 1, 9-23-2013; Ord. No. 231, § 1, 12-9-2019)

(a)

General intent. The single-family residential districts are designed to be the most restrictive of the zoning districts. The intent is to provide for an environment of predominantly residential dwelling units, along with other residentially related facilities which serve the residents in the district. It is further the intent of these districts to:

(1)

Prohibit those uses which would interfere with, or adversely affect, the development of single-family dwellings;

(2)

Discourage any land use which, because of its size or characteristics, would create costs or requirements for public services substantially in excess of those at the specified densities; and

(3)

To discourage any land use which would generate excessive traffic on local residential streets.

(b)

Permitted uses.

(1)

Single-family dwellings.

(2)

Family day-care (one—six children).

(3)

Type I home occupations (subsection 60-224(a).)

(4)

Public schools.

(5)

Accessory buildings, structures and uses customarily incidental to the above uses when located as required in subsection 60-101(a).

(c)

Special approval land uses. The following buildings, structures and uses may be permitted by the city council, after a recommendation by the planning commission and subject to the special land use requirements (article X) and the following specific section for each use.

(1)

Cemeteries (section 60-214).

(2)

Churches (section 60-215).

(3)

County, state or federal uses (section 60-217).

(4)

Group day care (seven—12 children or adults) (section 60-223).

(5)

Large-scale recreation uses (section 60-228).

(6)

Nursery schools, day nurseries, child and adult care centers (section 60-229).

(7)

Public utilities, oil and gas lines (section 60-236).

(8)

Private Schools.

(9)

Single-family site condominiums (subject to the requirements of section 60-25).

(10)

Two-family residential dwellings or accessory apartments (section 60-238).

(11)

Type II home occupation (subsection 60-224(b)).

(d)

Area, height and placement requirements.

(1)

In the R-80 district:

* Front and street-side setbacks shall be measured from the centerline of each road right-of-way (R.O.W.) in accordance with the city's master plan as follows:

(2)

In the R-70 District:

* Front and street-side setbacks shall be measured from the centerline of each road right-of-way (R.O.W.) in accordance with the city's master plan as follows:

(3)

In the R-65 district:

* Front and street-side setbacks shall be measured from the centerline of each road right-of-way (R.O.W.) in accordance with the city's master plan as follows:

(e)

Existing subdivisions and plats. In single-family subdivisions or assessor's plats which existed prior to the adoption of this chapter, if two-thirds of the lots along one side of the block are built upon, the minimum front yard setback may be the average of the setbacks already established by the housing along such frontage.

(f)

Tri-level structures. Tri-level structures shall meet the minimum floor area requirements for 1½-story buildings, and quad-levels shall meet the minimum requirements for the two-story buildings.

(g)

Corner lots. Corner lots shall be at least ten feet wider on each street than is required for that specific zoning district. A corner lot shall have at least the minimum front yard setbacks from each street when the adjoining lots have front yards on that street. No principal or accessory building shall project into these required front yards on either street. On such corner lots, the remaining yards may meet the minimum requirements for side yards rather than rear yard setbacks.

(h)

Front yards. The required front yard shall not be occupied by buildings or structures (except flag poles, gas or electric lamps, bird feeders, bird houses and similar items). Trees, shrubs, flowers and landscaping are encouraged. Parking of vehicles is permitted only in approved driveways.

(i)

Minimum lot frontage required on streets with curved segments. In the case of lots with frontage on streets with curved segments, such as a cul-de-sac street or street that contains an eyebrow, there shall be a minimum frontage dimension as measured at the front lot line on a curve of 55 feet in all single family residential zoning districts.

(Ord. No. 158, § 5.02, 9-22-2008; Ord. No. 205, § 1, 8-24-2015; Ord. No. 248, § 3, 1-24-2022)

(a)

General intent. The objective of this district is to encourage orderly development of the bay shore area of the city. The waterfront is recognized as a physical, economic, and cultural resource of the city. Therefore, this district is designed to promote the orderly development of the waterfront, while taking into account the unique existing lot dimensions/features currently associated with this area.

(b)

Permitted Uses.

(1)

Permitted uses of the single-family zoning districts.

(2)

Recreational open space, parks and recreation areas.

(3)

Accessory uses and buildings as follows:

a.

Private launching ramps.

b.

Indoor storage of boats.

c.

Outdoor storage of boats in areas specifically designated on a site plan for such uses. The maximum capacity shall be shown on the site plan.

d.

Accessory uses and buildings subject to the requirements of subsection 60-101(a).

(c)

Special land uses. The following buildings, structures and uses may be permitted by the city council, after a recommendation by the planning commission and subject to the special land use requirements (section 60-101) and the following specific section for each use:

(1)

All special land uses of the single-family residential zoning districts.

(2)

Marine construction, dredging, sheet pile, and maintenance equipment use and storage. Such equipment and facilities, when not actively used, shall be neatly stored in areas where they are not readily visible from adjacent residential uses or from the road.

(3)

Municipal or private marinas and facilities for the berthing, launching or servicing of recreational boats, except as otherwise provided in this article.

(4)

Eating and drinking establishments and retail establishments ancillary to a marina facility.

(d)

Area, height and placement requirements.

(3)

Setbacks shall conform to the provisions of the R-65 zoning district.

(4)

Parking and permitted outside storage of boats and equipment necessary and accessory to the principal use shall require planning commission approval and shall comply with the following conditions:

a.

All storage or parking shall be located not less than 15 feet from any street or 25 feet from any residential use.

b.

Boat or equipment storage areas shall be continuously maintained with a welldrained, dustproof surface at all times.

c.

The most appropriate method of screening the outdoor storage of materials from view will be determined by the planning commission.

(Ord. No. 158, § 5.02, 9-22-2008; Ord. No. 248, § 4, 1-24-2022)

(a)

General intent. The objective of this district is to encourage orderly development of the bay shore area of the city. The waterfront is recognized as a physical, economic, and cultural resource of the city. Therefore, this district permits or encourages only those recreational, resort and business uses which are related to the waterfront and which cannot or should not be located elsewhere.

(b)

Permitted uses.

(1)

Municipal or private marinas and facilities for the berthing, launching or servicing of recreational boats, except as otherwise provided in this article.

(2)

Recreational open space, parks and recreation areas.

(3)

Permitted uses of the RM-2 multiple family residential zoning district, in accordance with the area, height, and placement regulations of the RM-2 district.

(4)

Retail businesses which supply products primarily and directly for persons using the facilities of the district, such as sale of boats, equipment and accessories, fishing equipment, and other similar items.

(5)

Accessory uses and buildings as follows:

a.

Private launching ramps.

b.

Engine and hull repair.

c.

Indoor storage of boats.

d.

Outdoor storage of boats in areas specifically designated on the site plan for such uses. The maximum capacity shall be shown on the site plan.

e.

Outdoor storage of recreational boats. No parking lot shall be occupied by stored boats during the months of June, July and August. All such storage shall be arranged in an orderly manner and at least one-half of the parking area shall be conveniently available for customer parking by May 15th.

f.

Other approved accessory uses and buildings when located on the same lot as a principal use, provided that such accessory use or building shall be clearly incidental to the permitted use.

(c)

Special land uses. The following buildings, structures and uses may be permitted by the city council, after a recommendation by the planning commission and subject to the special land use requirements (article X) and the following specific section for each use:

(1)

Other retail uses such as convenience stores, clubs and lounges.

(2)

Marine construction, dredging, sheet pile, and maintenance equipment use and storage. Such equipment and facilities, when not actively used, shall be neatly stored in areas where they are not readily visible from adjacent residential uses or from the road.

(3)

Caretaker's quarters.

(d)

Area, height and placement requirements.

(2)

Front yards abutting or adjacent to any residential district shall be a minimum of 70 feet from the centerline for buildings and 45 feet for parking, and shall be planted or landscaped.

(3)

A 25-foot greenbelt shall be provided when any WM District abuts any residential district.

(4)

A 30-foot setback for all buildings, but not including boat docks, piers, wells or similar structures, shall be provided along the waterfront edge or average shoreline of any WM district which is adjacent to a residential zoned property. The 30-foot setback shall be required for a distance of at least 50 feet into the WM district measured from the common lot line.

(5)

Parking and permitted outside storage of boats and equipment necessary and accessory to the principal use shall be provided for all new construction and shall comply with the following conditions:

a.

All storage or parking shall be located not less than 15 feet from any street or 25 feet from any residential district.

b.

Boat or equipment storage areas shall be continuously maintained with a welldrained, dustproof surface at all times.

c.

The most appropriate method of screening the outdoor storage of materials from view will be determined by the planning commission.

(6)

Public launchings permitted at any public or private launching ramp, shall be limited to the number of parking spaces available to the general public for the parking of vehicles and boat carriers at such location.

(7)

All lighting for external illumination of the parking area, buildings, grounds, or waters shall be directed away from and shall be shielded from adjacent residential districts.

(Ord. No. 158, § 5.04, 9-22-2008)

(a)

General intent. The RM-1 multiple-family residential district is intended to provide a proper environment for families who wish to live in lowrise multiple-family dwellings. This district is designed to permit various types of multiple family dwellings and regulated uses. The district requires large land acreages to provide a residential living habitat, including open space, recreation areas, and preservation of natural resources.

(b)

Permitted Uses.

(1)

Multiple-family dwellings.

(2)

All principal permitted uses of the single-family residential district, subject to the regulations of the R-70 single-family zoning district.

(3)

Accessory buildings and uses.

(c)

Special land uses. The following buildings, structures and uses may be permitted by the city council, after a recommendation by the planning commission and subject to the special land use requirements (article X) and the following specific section for each use:

(1)

Boarding, convalescent, or rest homes (section 60-213).

(2)

Cemeteries (section 60-214).

(3)

Churches (section 50-215).

(4)

Community service clubs and lodges (section 60-216).

(5)

County, state or federal uses (section 60-217).

(6)

Group day care (seven—12 children or adults) (section 60-223).

(7)

Housing for the elderly (section 60-225).

(8)

Large-scale recreation uses (section 60-228).

(9)

Nursery schools, day nurseries, child and adult care centers (section 60-229).

(10)

Private schools.

(11)

Public utilities, oil and gas lines (section 60-236).

(12)

Type II home occupation (section 60-224(b)).

(d)

Minimum site and building requirements. No project site shall have less than one acre and 200 feet feet of frontage.

(1)

Minimum gross site area in square feet, per dwelling unit for the RM-1 District:*

a.

One bedroom: 4,600

b.

Two bedrooms: 5,000

c.

Three bedrooms: 5,400

* Efficiency units shall be regulated the same as one-bedroom units.

Note: Units with more than three bedrooms shall provide an additional 1,000 square feet of site area for each additional bedroom.

(2)

All sites used for multiple-family dwellings in these districts must be provided with an approved water and sewage system.

(3)

Plans presented which include a den, library or extra room shall have such extra room counted as a bedroom for purposes of this chapter.

(4)

Each development shall be limited to a maximum of ten percent efficiency units and a maximum of 50 percent one-bedroom units.

(5)

Open space areas shall be provided on a per unit basis according to the following schedule. The minimum number of square feet of open space area shall be provided in addition to all required setbacks and greenbelts and shall be provided on a per unit basis according to the following schedule:

(6)

Landscaped greenbelts must be provided adjacent to, and surrounding each building on the following basis:

Buildings which include attached garages may eliminate the required greenbelt on sides of the building where garages are located in order to permit a parking apron and paved access to garages. However, pavement shall not surround more than 40 percent of the overall perimeter of the building.

Each square foot of pavement which encroaches into a required greenbelt must be replaced on another side of the same building. Site plans must clearly dimension landscaped greenbelts and provide calculations in instances of greenbelt transfer.

Areas used to facilitate utilities must maintain a 30-foot greenbelt.

(7)

No multiple-family building shall exceed 150 feet in length along any one face of the building.

(8)

All drives shall be 24 feet in width. For the purposes of this section, all paved areas within the site utilized for vehicular access and circulation shall be considered drives.

(9)

Landscaping. Areas of the site not required to be hard-surfaced shall be sodded and, where appropriate, planted with trees and shrubs as provided in article ix of this chapter. In addition to the requirements of article IX, one tree shall be provided for each unit within the development. Such trees shall be placed within the required front yard greenbelt for each building. The planning commission may also approve decorative plants and art objects which must be maintained as required for greenbelts and planted strips under this chapter.

(10)

Lighting. Adequate lighting facilities shall be provided for service drives and parking areas and indicated on the site plan approved by the planning commission. Lighting shall not exceed the standards provided in section 60-189 of this chapter.

(11)

Sidewalks. Sidewalks shall be provided along both sides of all drives within the development.

(e)

Building requirements.

(1)

Maximum height of each building:

a.

In stories: Two.

b.

In feet: 32.

(2)

Minimum yard setback from the project's perimeter: Perimeter setbacks shall not be based on building orientation.

a.

Front yard. Front and street-side building and parking setbacks shall be measured from the centerline of each road right-of-way (R.O.W.) in accordance with the city's master plan as follows:

b.

Side yard. No building shall have a setback of less than 30 feet or 10 + (10 × number of stories) in feet from any side yard lot line.

c.

Rear yard. No building shall be located closer than 50 feet to any rear yard lot line.

d.

A minimum of ten feet of landscaped yard must be provided along the project's perimeter. In no case shall any paved areas encroach into this required landscaped yard.

(3)

Minimum floor areas for multiple-family shall be as follows:

a.

Efficiency unit. The term "efficiency unit" shall mean a dwelling unit containing a minimum of 650 square feet of floor area and consisting of not more than one room in addition to kitchen, dining and necessary sanitary facilities.

b.

One-bedroom unit. The term "one-bedroom unit" shall mean a dwelling unit containing a minimum floor area of at least 850 square feet per unit, consisting of not more than two rooms in addition to kitchen, dining and necessary sanitary facilities.

c.

Two-bedroom unit. The term "two-bedroom unit" shall mean a dwelling unit containing a minimum floor area of at least 1,150 square feet per unit, consisting of not more than three rooms in addition to kitchen, dining and necessary sanitary facilities.

d.

Three or more bedroom unit. The term "three or more bedroom unit" shall mean a dwelling unit wherein for each room, in addition to the three rooms permitted in a two-bedroom unit, there shall be provided an additional area of 200 square feet to be minimum floor area of 1,250 square feet.

In addition to the minimum floor area per unit, 32 square feet shall be provided in each unit for utilities space (washer, dryer and work space). Buildings with enclosed common tenant or occupant hallways, such as apartment structures, may provide central utility rooms in lieu of the individual unit spaces required above. In each building where a central utility room is permitted, internal access shall be provided from each dwelling unit; the central utility room shall contain 20 square feet for each dwelling unit in the building; and there shall be one washer and one dryer for every four dwelling units or fraction thereof.

(f)

Off-street parking requirements.

(1)

Where any recreation vehicles are permitted in the development by the city planning commission, adequate fenced, locked or secured and visually buffered parking and storage spaces shall be provided in addition to those required elsewhere in this chapter. Such parking shall be collective and in a central location. In no case, however, shall a recreation vehicle be parked or stored closer than 30 feet to any building or site boundary line.

(2)

Storage of commercial vehicles or trailers on the premises is prohibited.

(Ord. No. 158, § 5.06, 9-22-2008)

(a)

General intent. The RM-2 multiple-family residential district is intended to provide a living environment for individuals and couples who wish a higher density area within or adjacent to the developed downtown area.

(b)

Permitted uses. All permitted uses of the RM-1 zoning district.

(c)

Special land uses. All special land uses of the RM-1 zoning district.

(d)

Minimum site and building requirements. No project site shall have less than 20,000 square feet and 100 feet of frontage.

(1)

Minimum gross site area in square feet, per dwelling unit in the RM-2 district:*

* Efficiency units shall be regulated the same as one-bedroom units.

RM-2 District

Note: Units with more than three bedrooms shall provide an additional 1,000 square feet of site area for each additional bedroom.

(2)

All sites used for multiple-family dwellings or two-family dwellings in these districts must be provided with an approved water and sewage system.

(3)

Plans presented which include a den, library or extra room shall have such extra room counted as a bedroom for purposes of this chapter.

(4)

Each development shall be limited to a maximum of ten percent efficiency units and a maximum of 50 percent one bedroom units.

(5)

Open space areas shall be provided on a per unit basis according to the following schedule. The minimum number of square feet of open space area shall be provided in addition to all required setbacks and greenbelts and shall be provided on a per unit basis according to the following schedule:

(6)

Landscaped greenbelts must be provided adjacent to, and surrounding each building on the following basis:

Buildings which include attached garages may eliminate the required greenbelt on sides of the building where garages are located in order to permit a parking apron and paved access to garages. However, pavement shall not surround more than 40 percent of the overall perimeter of the building.

Each square foot of pavement which encroaches into a required greenbelt must be replaced on another side of the same building. Site plans must clearly dimension landscaped greenbelts and provide calculations in instances of greenbelt transfer. Areas used to facilitate utilities must maintain a 30-foot greenbelt.

(7)

No multiple-family building shall exceed 150 feet in length along any one face of the building.

(8)

All drives shall be 24 feet in width. For the purposes of this section, all paved areas within the site utilized for vehicular access and circulation shall be considered drives.

(9)

Landscaping. Areas of the site not required to be hard-surfaced shall be sodded and, where appropriate, planted with trees and shrubs as provided in article IX of this chapter. In addition to the requirements of article IX, one tree shall be provided for each unit within the development. Such trees shall be placed within the required front yard greenbelt for each building. The planning commission may also approve decorative plants and art objects which must be maintained as required for greenbelts and planted strips under this chapter.

(10)

Lighting. Adequate lighting facilities shall be provided for service drives and parking areas and indicated on the site plan approved by the planning commission. Lighting shall not exceed the standards provided in section 60-189 of this chapter.

(11)

Sidewalks. Sidewalks shall be provided along both sides of all drives within the development.

(e)

Building requirements.

(1)

Maximum height of each building:

a.

In stories: Three.

b.

In feet: 40.

(2)

Minimum yard setback from the project's perimeter: Perimeter setbacks shall not be based on building orientation.

a.

Front yard. Front and street-side building and parking setbacks shall be measured from the centerline of each road right-of-way (R.O.W.) in accordance with the city's master plan as follows:

b.

Side yard. No building shall have a setback of less than 30 feet or 10 + (10 × number of stories) in feet from any side yard lot line.

c.

Rear yard. No building shall be located closer than 50 feet to any rear yard lot line.

d.

A minimum of ten feet of landscaped yard must be provided along the project's perimeter. In no case shall any paved areas encroach into this required landscaped yard.

(3)

Minimum floor areas for multiple-family shall be as follows:

a.

Efficiency unit. The term "efficiency unit" shall mean a dwelling unit containing a minimum of 650 square feet of floor area and consisting of not more than one room in addition to kitchen, dining and necessary sanitary facilities.

b.

One-bedroom unit. The term "one-bedroom unit" shall mean a dwelling unit containing a minimum floor area of at least 750 square feet per unit, consisting of not more than two rooms in addition to kitchen, dining and necessary sanitary facilities.

c.

Two-bedroom unit. The term "two-bedroom unit" shall mean a dwelling unit containing a minimum floor area of at least 950 square feet per unit, consisting of not more than three rooms in addition to kitchen, dining and necessary sanitary facilities.

d.

Three or more bedroom unit. The term "three or more bedroom unit" shall mean a dwelling unit wherein for each room, in addition to the three rooms permitted in a two-bedroom unit, there shall be provided an additional area of 200 square feet to be minimum floor area of 1,150 square feet.

In addition to the minimum floor area per unit, 32 square feet shall be provided in each unit for utilities space (washer, dryer and work space). Buildings with enclosed common tenant or occupant hallways, such as apartment structures, may provide central utility rooms in lieu of the individual unit spaces required above. In each building where a central utility room is permitted, internal access shall be provided from each dwelling unit; the central utility room shall contain 20 square feet for each dwelling unit in the building; and there shall be one washer and one dryer for every four dwelling units or fraction thereof.

(f)

Off-street parking requirements.

(1)

Where any recreation vehicles are permitted in the development by the city planning commission, adequate fenced, locked or secured and visually buffered parking and storage spaces shall be provided in addition to those required elsewhere in this chapter. Such parking shall be collective and in a central location. In no case, however, shall a recreation vehicle be parked or stored closer than 30 feet to any building or site boundary line.

(2)

Storage of commercial vehicles or trailers on the premises is prohibited.

(Ord. No. 158, § 5.06, 9-22-2008)

(a)

General intent. This district is designed to create a residential zoning district which will permit and encourage single family development in mobile homes. Unlike the typical single family subdivision in which the individual lot provides the open space and amenities for family living, the overall development pattern would be similar to that of multifamily development. The manufactured housing community will be managed, organized and regulated by the developer. Streets, utilities, open space, recreation and amenities will be provided and regulated by the developer.

(b)

Permitted uses.

(1)

Manufactured housing, subject to the requirements as established and regulated by Act 96 of the Public Acts of 1987, as amended, and all applicable codes and ordinances referenced herein.

(2)

All permitted uses of the RM-1 zoning district.

(3)

Clubhouse and recreation facilities for the use of the park residents.

(4)

Accessory commercial uses, such as manager's offices, laundry and facilities, and other services for the residents of the park, may be permitted in any nonresidential structure. Adequate parking for such services shall be provided, as required by the Michigan Manufactured Housing Commission Rules (Rules 925 and 926). The park proprietor or management may display for sale mobile homes and accessories (provided the accessories are contained within a mobile home or an approved permanent structure for such purpose). Such sales would cease with the total development of the park.

(c)

General site requirements.

(1)

Building height. The maximum height of service buildings and permitted office structures shall be two stories or 35 feet.

(2)

Fire hydrants. Fire hydrants of a size and a pressure to be used by the City of New Baltimore Fire Department shall be placed within said trailer coach park so that no trailer coach shall be more than 300 feet from a fire hydrant measured along roadway or parking area.

(3)

Plumbing, electrical and cable TV. Plumbing and electrical installations shall be maintained in accordance with New Baltimore Plumbing and Electrical Codes. All electric and telephone wiring shall be underground. Externally mounted antennas shall be prohibited, except that a master antenna shall be constructed and maintained with underground leads servicing each manufactured home site.

(4)

Access to public roads. A manufactured housing community access road shall be hard-surfaced and not less than 36 feet in width. Access roads shall meet construction and all other requirements as determined by the City of New Baltimore, the Road Commission of Macomb County, and/or the Michigan Department of Transportation.

(5)

Reference is hereby made to Sections 11, 12 and 13 of the Manufactured Housing Commission Act (No. 419, P.A. 1976) which required, among other things, that a person who desires to develop a manufactured housing community shall submit a preliminary plan to the City of New Baltimore planning commission for approval. The preliminary plan shall include the location, layout, general design and a general description of the project (see article II for submission requirements and procedures). The preliminary plan shall not include detailed construction plans.

(Ord. No. 158, § 5.07, 9-22-2008)