The regulations set forth in this Ordinance shall be the minimum regulations and shall apply uniformly to each class or kind of structure, land, or use throughout the City and within each Zone District.

A.

All buildings, structures, or land may be hereafter used, constructed, altered, or occupied only when in conformity with all of the regulations herein specified for the district in which it is located.

B.

The provisions of this Article apply to all Zone Districts unless indicated otherwise. If there is a conflict between this Article and the individual requirements of the Zone District, the Zoning Administrator shall determine which requirement controls, in accordance with this Ordinance.

A.

Essential Public Services. Essential services shall be permitted as authorized and regulated by law and other ordinances of the City, it being the intention to exempt such essential services from the application of this Ordinance. The screening requirements of Article 10 shall be met, with a zoning permit being required.

B.

Voting Place. The provisions of this Ordinance shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

A.

Principal Use Required.

1.

Unless otherwise expressly allowed in this Ordinance, accessory structures are only allowed with a principal use and a main building or structure on the same lot. Accessory structures located on lots without an existing principal use are prohibited.

2.

Accessory structures may only be constructed at the same time as or after the construction of the main building or structure on the same lot.

3.

If the main building or structure is destroyed, demolished, or removed, any accessory buildings or structures on the same lot shall be removed within sixty (60) days, unless a permit for construction of a new main building has been approved.

B.

Applicability. This Section shall not apply to carports or rows of garages found within multiple family housing developments.

C.

Definition.

1.

An accessory structure is a building or structure that is subordinate in use and square footage to the principal use of land or buildings, and is customarily found in connection with and on the same lot as the principal use or main building.

a.

Attached Accessory Structures. Any accessory structure that is structurally attached to the principal building. An attached accessory structure is considered integral to the principal building and shall be subject to the same regulations applying to the principal building. Examples include attached garages and car ports.

b.

Detached Accessory Structures. Any accessory structure that is detached from the principal building. Examples include detached garages, gazebos, and sheds. A garage that is connected to a principal building through a breezeway is considered a detached accessory structure and shall be subject to the requirements of this Section.

D.

Lot Coverage. Accessory structures are subject to the maximum lot coverage standards as established within each Zone District.

E.

Residential Accessory Structures.

1.

Number. One (1) detached and one (1) attached accessory structure are permitted in residential districts.

2.

Setbacks.

a.

A detached accessory structure cannot be built in the front yard, except per the provisions of Section 7.04, Waterfront Lot Requirements. When a detached accessory structure is located on a corner lot, said structure shall not project beyond either front yard setback line.

b.

No detached accessory structure shall be closer than ten (10) feet to any main building, excluding decks, nor shall it be closer than five (5) feet to any side or rear lot line.

c.

Administrative Departure. An Administrative Departure may be approved for a detached accessory structure to be located less than five (5) feet from a side or rear lot line if the following conditions are met:

i.

Topography, natural features, or other site constraints exist that make compliance with required setbacks impossible.

ii.

In granting such an administrative departure, the zoning administrator shall find that there are no detrimental effects on adjacent properties, and where applicable fire safety provisions of the State building code are met.

iii.

A property survey and scaled site plan are submitted that include the location of the accessory structure.

3.

Size. Except as noted, the height and combined gross floor area for all detached accessory structures shall not exceed the requirements of Table 3.03.E.

F.

Construction and Design. Any accessory structure with a gross floor area greater than one hundred twenty (120) square feet shall be permanently constructed on a concrete foundation and shall conform to all applicable building and other similar codes for such a structure. The architectural character of all such accessory buildings shall be compatible with, and similar to, the main building with respect to materials, scale, design, and aesthetic quality, as determined by the Zoning Administrator.

G.

Additional Accessory Structures.

1.

In addition to the accessory structure(s) provided for in this Section, one (1) additional accessory structure, such as a shed, of one hundred twenty (120) square feet or less and up to fourteen (14) feet in height may be permitted in the rear yard on a lot with a residential use. A setback of at least three (3) feet from any lot line shall be provided. These additional accessory structures count toward the maximum accessory structure square footage requirement.

2.

Temporary accessory structures such as tents and canopies, in addition to permanent existing accessory structures, may be permitted for a period of thirty (30) days, unless granted an extension by the Zoning Administrator.

3.

Waterfront Lots are permitted one (1) additional accessory structure that functions as a boat slip or dock, not subject to the maximum accessory structure square footage requirement.

H.

Exempted. The following shall not be counted toward the number or area of permitted detached accessory structures or buildings.

1.

Trellises, pergolas, arbors, or other similar structures without enclosed walls;

2.

Landscape features, such as small ponds, outdoor kitchens, spas, and fire pits;

3.

Outdoor sport courts;

4.

Above-ground swimming pools or hot tubs;

5.

Decks and patios that are attached to the primary residential building;

6.

Other similar structures as determined by the Zoning Administrator.

I.

Commercial Accessory Structures. Accessory structures shall comply with applicable setback and height restrictions specified for the Zone District in which the accessory use or structure is located.

J.

Backyard Chickens.

1.

One covered enclosure for the keeping of chickens is permitted, not to exceed six (6) square feet in area per chicken, and not higher than eight (8) feet. This square footage shall count against the allowable square footage or number of accessory structures permitted by Section 3.03.E.

2.

The area of the permitted enclosure shall count toward the lot coverage requirements of the Zone District.

3.

The regulations of the Animal Ordinance (Section 6-116) apply.

K.

Prohibited Structures.

1.

No accessory structure shall be constructed with a tubular frame construction or with canvas, plastic film, or similar exterior material that does not provide long-term durability.

2.

No mobile home, trailer, vehicle, tank, boat, container, pod, railroad car, dumpster, barrels, crate, furniture, tent, junk object or salvage materials or similar items shall be used as an accessory structure.

3.

Living or sleeping quarters, temporary or permanent, in an accessory structure or other building, travel trailer, motor home or other recreation vehicle, auto chassis, boat or portable building, are prohibited, expect per the regulations of Section 6.04.

L.

Approval Process. Any accessory structure, including structures less than one hundred twenty (120) square feet, requires a permit from the Zoning Administrator, except for those exempted structures as indicated in this Section.

A.

Permitted Encroachments into Setbacks. Encroachments permitted by this Section may be within required setbacks. All permitted encroachments are subject to meeting the maximum lot coverage requirements.

B.

Architectural Elements. Certain architectural features, such as cornices, bay windows (or windows without foundations), gutters, chimneys, pilasters and similar features may project no further than four (4) feet into a required front, rear, or side yard.

C.

Unenclosed Porches and Stoops.

1.

An unenclosed porch or stoop (not including steps) may project past the required front yard setback by no more than ten (10) feet but shall be no closer than five (5) feet from the front sidewalk.

2.

An unenclosed porch or stoop (including steps) may project past the side setback, provided it is at least five (5) feet from the side lot line.

D.

Balconies. Upper-level balconies may project past the front yard setback by no more than six (6) feet.

E.

Decks and Patios.

1.

Interior Lot.

a.

A ground-level deck or patio may be located in the side yard, provided it meets the minimum side setback for the Zone District and is set back at least ten (10) feet from the front building façade.

b.

A ground-level deck or patio may be located in the rear yard, provided it is at least five (5) feet from all lot lines.

c.

A deck with a platform over four (4) feet in height may be located in the rear yard, subject to rear and side yard building setbacks.

d.

A deck or patio is not permitted within the front yard.

2.

Corner Lot.

a.

A ground-level deck or patio may be located in the secondary front yard provided it is at least ten (10) feet from the front lot line.

b.

A deck with a platform over four (4) feet high shall meet required side and rear yard setbacks.

3.

Administrative Departure. An Administrative Departure may be approved to reduce the minimum side or rear setback of a ground-level deck or patio to not less than three (3) feet where there are no detrimental effects on adjacent properties, and where applicable fire safety provisions of State building codes are met.

F.

Wheelchair Ramps.

1.

The Zoning Administrator may permit wheelchair ramps used for persons with mobility impairments in a front, side, or rear yard, provided the location does not create a hazard, or impede access for operations related to safety, such as access for fire personnel or equipment. In no case shall a ramp be placed less than three (3) feet from any side lot line.

2.

Administrative Departure. An Administrative Departure may be approved to permit a ramp, or any additional modifications needed, less than three (3) from the side lot line, where it is demonstrated that no other feasible location is practical.

G.

Basement Egress Window Wells. Basement egress window wells are permitted in all yards, provided the following conditions are met:

1.

Setback. A window well shall be set back at least three (3) feet from the side or rear lot line, and at least ten (10) feet from the front lot line.

2.

Front Yard Screening. When in a front yard, a three (3)-foot-high landscape or building material screen shall be provided in front of the window well. If screened with a building material, the material shall be compatible with the materials and colors used for the main building.

H.

Ground-Mounted Mechanical Equipment (e.g. air conditioning condensers; swimming pool and spa heaters, pumps and filters; transformers and generators; and similar equipment). Mechanical equipment should first attempt to be placed within the main structure or an accessory structure. If this is not feasible, then one (1) of the following alternatives may be used provided the following conditions are met:

1.

Setback. Mechanical equipment is set back at least three (3) feet from the side or rear lot line, and at least ten (10) feet from the right-of-way.

2.

Front Yard Screening. When in a front yard, a three (3)-foot-high landscape or building material screen shall be provided in front of the mechanical equipment.

a.

If screened with landscaping, the vegetation must provide at least fifty (50) percent solid green screening year-round.

b.

If screened with building material, the material shall be compatible with the materials and colors used for the main building.

I.

Projections into the Public Right-of-Way. The following projections are permitted, subject to approval of an encroachment permit from the Zoning Administrator, following review by other relevant City departments.

1.

Balconies. A balcony with a minimum ground clearance of sixteen (16) feet above finished grade may extend up to five (5) feet over a public sidewalk.

2.

Awnings. An awning with a minimum ground clearance of eight (8) feet may extend over a public sidewalk.

A.

Applicability. Clear vision areas are required in locations where an unobstructed view of approaching traffic is necessary for the safety of pedestrians, bicyclists, and drivers. A clear vision area is typically, but not exclusively, a triangular area at the intersection of two (2) streets, or a street and a driveway. No structure, wall, fence, shrubbery, parked vehicle, stored material, or trees shall be placed, erected, planted or maintained on any lot which will obstruct the view of the driver of a vehicle approaching an intersection or driveway.

B.

Measurement. At the intersection of two (2) streets or the intersection of a street and a driveway, the required clear vision area shall be established as follows:

1.

Street Corners. For streets, twenty (20) feet along each lot line starting at the intersection of the lot lines, and connected by a straight line to form a triangular area. In the case of a rounded corner, the measurement shall be taken from the intersection of the front lot lines extended.

2.

Driveways. For driveways, ten (10) feet along the lot line and the driveway starting at the intersection of the lot line and the closest edge of the driveway, and connected by a straight line to form a triangular area.

A.

Permit Application.

1.

Every person owning land on which there is located a swimming pool, spa, hot tub, or similar device (below ground or above ground) which contains twenty-four (24) inches or more of water in depth at any point, shall ensure that such device is made inaccessible to small children by means of a fence or enclosure surrounding the device or due to the height of the side walls, which means shall be approved by the Zoning Administrator.

2.

A site plan of the property showing the location of the swimming pool, detailed pool plans, and full information as to the type, height and location of the fence surrounding the pool and gate locations will be provided.

B.

Location.

1.

Outdoor swimming pools may be erected in the side or rear yard only, provided that they are located no closer than eight (8) feet from the side or rear lot lines.

2.

A minimum distance of five (5) feet between the outside pool wall and any building located on the same lot is required. If on a corner lot, the pool shall maintain required front yard setback requirements.

3.

Associated patios, decks, or the like shall comply with the setback requirements of Section 3.04.

C.

Fencing. A swimming pool shall be completely enclosed by a fence not less than four (4) feet in height with locking gates to restrict unauthorized access.

D.

State Regulations. All requirements not contained herein shall be in accordance with regulations of the State of Michigan.

A.

Outdoor Lighting. All outdoor lighting, including freestanding, canopy, pole, and building mounted, shall be fully shielded and directed downward to prevent off-site glare and illumination. No portion of the lamp, reflector, lens, or refracting system may extend beyond the housing or shield, with the exception of pedestrian lighting.

B.

Intensity. The intensity of light within a site shall not exceed ten (10) footcandles within any part of the site and one (1) footcandle at any lot line. Where a site abuts or faces a Residential Zone District or residential use, a maximum of one-half (0.5) footcandles is permitted at the lot line.

C.

Uniformity Ratios. To maintain uniformity in light levels across a development and prevent or minimize dark areas, the ratio of maximum to minimum lighting levels on a given lot is measured in footcandles at ground level and shall not exceed a ratio of fifteen (15) to one (1). Parking lots shall maintain the same uniformity ratios as the main building or principal use served.

D.

Height. Height shall be measured from the ground to the top of the light fixture. Except as otherwise required, the height of fixtures in a Residential Zone District or within two hundred (200) feet of that district shall not exceed the following light source to ground level height limits, except as may be permitted by the Zoning Administrator or Planning Commission.

1.

Twenty-two and one-half (22½) feet for parking lots.

2.

Twenty (20) feet for sidewalks and pathways.

E.

Fixtures.

1.

All outdoor fixtures, including building mounted fixtures, shall be fully cut-off, shielded fixtures as defined by the Illuminating Engineering Society of North America.

2.

Poles for lighting fixtures shall be of a fixed height. Adjustable poles are prohibited.

3.

High Intensity Discharge (HID) fixtures shall be used in an effort to maintain a unified lighting standard throughout the City and prevent "sky glow." High pressure sodium fixtures shall be prohibited.

4.

The Zoning Administrator may approve decorative light fixtures as an alternative to shielded fixtures when it can be demonstrated that there shall be no off-site glare or illumination and the proposed fixtures will improve the appearance of the site.

F.

Building Lighting.

1.

Direction of Lights. Lighting fixtures shall be carefully sited, aimed and shielded so that light is directed only onto the face of a building. Lighting fixtures shall not be directed toward adjacent streets, streets or properties, and light shall not trespass onto surrounding properties.

2.

Façade Lighting. Lighting fixtures mounted on the building and designed to wash the façade with light are permitted. Ground or pole-mounted floodlights are not permitted for façade lighting.

3.

Accent Lighting and Prohibited Lighting.

a.

Luminous tube (neon), string lighting, LED or fluorescent lighting may be allowed as an architectural detail on the exterior of any structure, provided that such lighting shall not completely outline or define property lines, sales areas, roofs, doors, windows or similar areas in a manner that is not primarily for safety purposes.

b.

Accent lighting may be approved by the City upon determining that the accents would not cause off-site glare or light pollution and that lighting is not intended to be used as the equivalent of a sign. Lighting shall not consist of or have the appearance of movement or flashing components.

c.

Seasonal lighting displays, including string lighting, may be allowed without Zoning Administrator review in conjunction with a nationally recognized holiday provided such displays are strung no sooner than sixty (60) days before the holiday and shall be removed within twenty (20) days following the holiday.

d.

The use of a laser light source, search lights or any similar high intensity light for outdoor advertisement or entertainment is prohibited.

G.

Exemptions. The following outdoor light fixtures are exempt from the provisions of this Section.

1.

Outdoor light fixtures installed prior to the effective date of this Ordinance. Fixture replacements shall comply with the requirements of this Section to the extent that the overall appearance of the site is not adversely affected. The Zoning Administrator may require that existing light fixtures be redirected in conditions where excessive glare onto adjacent properties and roadways creates a nuisance or safety concern.

2.

Streetlights within a public right-of-way.

3.

Landscaping lighting that does not generate excessive light levels, cause glare, or direct light beyond the landscaping.

4.

Lighting necessary for designated recreational fields or similar uses that cannot reasonably comply with the standards and provide sufficient illumination of the recreational field for safe use, following Illuminating Engineering Society of North America standards. The fixtures shall be aimed so that their beams are directed and fall within the primary playing or performance area. Lights shall be turned off within a half hour of the completion of the event.

H.

Lighting Plan. The following information shall be included for all Site Plan Reviews. Where Site Plan Review is not required, any of the following items may be required by the Zoning Administrator prior to lighting installation.

1.

A site plan drawn to a scale of no more than one (1) inch to thirty (30) feet showing the buildings, landscaping, parking and service areas, and location and type of all proposed outdoor lighting, including the building lighting.

2.

A photometric grid overlaid on the proposed site plan. A photometric plan shall indicate lighting levels at ground level based on no greater than a twenty-five (25) foot on-center grid and shall project twenty-five (25) feet onto adjacent properties or to the setback limit line, whichever is greater. Illumination levels shall also be measured for all surrounding streets at the public right-of-way.

3.

An analysis showing that the proposed installation conforms to the lighting level standards in this Ordinance. All lighting shall have the intensities and uniformity ratio consistent with the Lighting Handbook of the Illuminations Engineering Society of North America.

4.

Specifications for all proposed lighting fixtures including mounting heights, photometric data, designation as full cut-off, shielded fixtures, Color Rendering Index (CRI) of all lamps (bulbs), and other descriptive information on the fixtures.

I.

Administrative Departure. An Administrative Departure from the requirements of this Section may be granted if it is determined that the proposed lighting otherwise meets the purposes of this Section and does not adversely affect the health, safety, and welfare of the public.

A.

Definition. An on-site solar energy system is a system designed to help meet the electrical needs within the limits of the area encompassed by the tract area or parcel of record on which the activity is conducted. An on-site solar energy system may include ground-mounted solar energy collectors, roof-mounted solar energy collectors, or a combination of the two (2). The majority of the electricity generated by an on-site solar energy system must remain on the site, and not be utilized for wholesale or retail sale.

B.

Ground-mounted. Ground-mounted solar energy collectors are subject to the following conditions:

1.

Location. Ground-mounted solar energy collectors shall only be permitted in side or rear yards.

2.

Height. Ground-mounted solar energy collectors shall not exceed twelve (12) feet in height measured from the ground at the base of such equipment. The height of the ground-mounted solar energy collector shall be measured from ground level to the highest point of the solar panel.

3.

Setbacks. Ground-mounted solar energy collectors shall be located no closer than five (5) feet from any side or rear property line.

4.

Screening. Ground-mounted solar energy collectors shall be screened from view from the public right-of-way or from adjacent properties using a fence, wall, or landscape screen. If a landscape screen is utilized, the following methods are permitted:

a.

A minimum of two (2) deciduous or two (2) evergreen trees shall be planted for each thirty (30) linear feet or portion thereof of solar energy system length. Required trees shall be at least five (5) feet tall.

b.

Four (4) eighteen (18)-inch-high shrubs for every thirty (30) linear feet or portion thereof of solar energy system length.

5.

Lot Coverage. Ground-mounted solar energy collectors shall be included in calculations to determine lot coverage.

6.

Stormwater. The installation of any solar energy system shall not negatively impact adjacent properties with additional or excessive stormwater runoff and/or drainage.

C.

Roof-mounted. Roof or wall-mounted solar energy collectors (i.e., solar panels) shall be mounted either flat against the surface or shall not project more than four (4) feet outward from the surface, measured from the surface to the furthest outward projection of the panel.