Except as hereinafter specified, no building, structure or premises shall hereafter be used or occupied, and no building or part thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged or altered, except in conformity with all the regulations herein.

(Ord. No. 369, § 15.150(3.100), 6-26-1981)

Where the building and zoning administrator determines that an area is proposed for subdivision in violation of the land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.) or the subdivisions regulations of the city, no building permits shall be issued.

(Ord. No. 369, § 15.155(3.101), 6-26-1981)

Where the city administrator certifies to the building and zoning administrator that buildings on unplatted areas are or may be in conflict with city, county or state improvement projects such as water, sewer, roads, etc., no building permits shall be issued until such conflicts have been resolved.

(Ord. No. 369, § 15.160(3.102), 6-26-1981)

When the building and zoning administrator has reason to believe that sufficient potable water is not available or that a sewage permit will not be issued by the county environmental health department, he may refuse to issue a building permit until evidence of the availability of sufficient potable water and of the issuance of sewage permit has been furnished to him.

(Ord. No. 369, § 15.165(3.103), 6-26-1981)

No building permits shall be issued where the applicant fails to show that the property for which a permit is requested fronts or abuts for a minimum of 25 feet on an improved street or a permanent recorded nonobstructed easement of access or right-of-way to a street, which easement is not less than 25 feet in width.

(Ord. No. 369, § 15.170(3.104), 6-26-1981)

Where three or more adjacent lots are under single ownership at the time this chapter becomes applicable thereto, and each of such lots contain less than 90 percent of the zone district width and area requirements, such lots shall be redivided and utilized in conformance with this chapter; provided, however, that in any zoned district in which single-family residential is allowed as a principal use, a single-family dwelling may be constructed on any substandard lot of record in single ownership, regardless of its area or width if the owner thereof does not own nor can acquire adjoining property; provided, however, that such construction, to maintain neighborhood character, shall meet the area, side yard and setback requirements of at least 66 percent of the total number of developed lots within 400 feet of the lot in question on both sides of the same street; provided, further, that if there are no developed lots within the above space requirements, a building permit may issue, if all setback requirements are met, even though the lot area requirements are not met.

(Ord. No. 369, § 15.175(3.105), 6-26-1981; Ord. No. 373, 12-18-1981)

No building to be used as a dwelling shall hereafter be erected or altered having a floor area of less than that required by article III, division 19, of this chapter. Floor area shall be computed interior usable floor space or the enclosed winterized portion of the house, measured from wall-to-wall, but not to include porches, breezeways, attics, basements or garages.

(Ord. No. 369, § 15.180(3.106), 6-26-1981)

No dwelling in any district, regardless of the number of families housed therein, shall be occupied so that there will be at any time an average of regular residents in excess of three per bedroom or eight per three-piece bath.

(Ord. No. 369, § 15.185(3.107), 6-26-1981)

No preexisting home, building or structure shall be moved into the city from a point outside the city limits, or shall be moved from one location in the city to some other different location, and no such home, building or structure shall be moved unless and until the mover of the home, building or structure submits a site plan for review to the building and zoning administrator's office, which shows the approximate location of the home, building or structure on the new, proposed location, and secures the following necessary permits from the building and zoning administrator and the city police department.

(Ord. No. 369, § 15.190(3.108), 6-26-1981)

(a)

The building and zoning administrator shall issue a permit approving the transfer after having made the following determinations:

(1)

That adequate on-site facilities exist, such as water, gas, sewer and electricity, and that such utilities are available and will be installed or otherwise be made operable within six months of the transfer of the house, building or structure to its new location;

(2)

That, prior to the moving of the house, building or structure, and after inspection, the house, building or structure will comply or will be brought into compliance with the city building code then in existence;

(3)

That any necessary repairs needed to ensure compliance with the applicable state construction code will be completed within six months after issuance of the permit;

(4)

That, after review of the proposed site plan, it is determined that the house, building or structure will comply with all applicable city zoning regulations, including lot size and floor size requirements, setback and buffer-zone requirements, and other aesthetic considerations contained in this chapter; and

(5)

That the home, building or structure will comply with all the pertinent local, state and federal regulations regarding zoning, construction and installation in effect at the time of application.

(b)

In the event the provisions of this section are not complied with, the building and zoning administrator may proceed under the provisions of the current uniform housing code in effect in the city, including the provisions authorizing the imposition of a personal obligation or a special assessment lien on the property in accordance with the procedure set forth in the uniform housing code;

(Ord. No. 369, § 15.191(1), 6-26-1981)

The owners of mobile homes who desire to locate their homes in residential areas outside mobile home parks must satisfy all of the following standards:

(1)

The structure shall meet all construction standards of the United States Department of Housing and Urban Development mobile home construction and safety standards in effect at the time of application.

(2)

The structure shall meet any interior square-foot minimum floor space area requirement of this chapter, and where there are more than two bedrooms, have an additional 150 square feet for each room over the minimum.

(3)

The structure shall provide storage space not less than 15 percent of the interior living space of the dwelling, exclusive of auto storage, in a basement, attic or separate, enclosed structure of equal or better quality construction than the main structure.

(4)

The interior shall have a minimum floor-to-ceiling height of 7½ feet.

(5)

The structure shall have a width which is the lesser of 24 feet or the average width of the homes on the same street within 300 feet in either direction. In the event there are no homes within 300 feet in either direction, the minimum width shall be 24 feet.

(6)

The dwelling shall be placed on the same foundation as required for on-site-built homes, constructed around the entire perimeter of the dwelling.

(7)

All wheels, towing mechanisms or undercarriages shall be removed.

(8)

The roof shall have a load rating of 40 pounds per square foot.

(9)

The dwelling shall contain front and side, or front and rear, doors with permanent porch steps, if the difference in ground and entrance requires the same.

(10)

The structure shall provide roof drainage.

(11)

The structure shall provide the same gauge siding as required for on-site-built homes.

(12)

Any additions or extensions shall be constructed according to all requirements of the state construction code.

(13)

The structure shall comply with all the provisions of the fire code and this chapter.

(14)

All effective requirements for the installation of mobile homes in mobile home parks as adopted by the state mobile home home commission, except as the same may conflict with the provisions of this section, shall be observed.

(Ord. No. 369, § 15.192(2), 6-26-1981)

The city police department shall issue its permit approving the moving of a house, building or structure, as herein provided, after having made the following determinations:

(1)

A certain time has been specified during which the move will take place.

(2)

The streets which will be used in the process of moving the house, building or structure have been specified, and their use approved.

(3)

The mover has secured all necessary approval and has made all necessary arrangements for the alteration or rearrangement of any utilities which may be affected by the proposed route taken by the mover.

(4)

Adequate provisions have been made to ensure the safe transportation of the home, building or structure, including the use of escort vehicles as required by the chief of police, to proceed and to follow the house, building or structure, during the actual move.

(5)

Any security required by any affected utility, including electric, telephone and cable television, has been secured, and proof of the same is on file with the police department.

(Ord. No. 369, § 15.193(3), 6-26-1981)

After receiving the necessary permits and complying with the requirements herein contained, the building and zoning administrator shall issue a certificate of occupancy.

(Ord. No. 369, § 15.194(4), 6-26-1981)

The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building or similar occupancy would be permitted under this chapter, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards and other open spaces and off-street parking. Any conversion shall comply with the state construction code for new construction.

(Ord. No. 369, § 15.195(3.109), 6-26-1981)

Except for parcels referred to in subsections 48-314(5), 48-335(5) and 48-362(4), no building in the rear of a main building on the same lot shall be used for residential purposes. Nonconforming lots containing rear dwellings shall be made conforming where possible to all other yard and open space requirements of this chapter. There shall be provided for each dwelling an unoccupied, unobstructed 25-foot recorded easement or right-of-way granting right of ingress and egress for public vehicles and/or public utilities, and the creation of a newly described parcel recorded with the city assessor shall be required for each rear dwelling so constructed.

(Ord. No. 369, § 15.200(3.100), 6-26-1981; Ord. No. 735, § 5, 7-5-2011)

No building or structure shall hereafter be erected, altered, repaired or modified that would:

(1)

Exceed any height requirements;

(2)

Accommodate a greater number of families than allowed;

(3)

Occupy a greater percentage of lot area than that allowed; or

(4)

Cause a violation of any minimum yard setbacks, open space or parking space requirements, or in any other manner violate any other provisions of this chapter.

(Ord. No. 369, § 15.205(3.111), 6-26-1981)

No subterranean dwelling as defined in section 48-5 may be constructed unless it complies with the following provisions:

(1)

It shall meet all zoning, building and county or state health code requirements.

(2)

The design shall be certified by a registered architect or engineer.

(3)

The roof structure and truss work must be designed and certified by a registered architect or engineer, and otherwise meet or exceed any state construction code standards.

(4)

Floor space requirements shall not include unfinished areas.

(5)

Yard dimensions shall exclude any portion of ground which is covering any portion of the dwelling.

(6)

No building permit shall be issued where, in the opinion of the building inspector, such site is unsuitable due to a reasonable apprehension of danger of flooding from surface or subterranean sources or is likely to be situated on a site which has a reasonable likelihood of erosion.

(7)

A site plan review and approval must first be obtained from the planning commission.

(Ord. No. 369, § 15.210(3.112), 6-26-1981)

(a)

No person, firm, partnership or corporation shall:

(1)

Perform any construction without a building permit as required by the state construction code;

(2)

Obtain a building permit without first submitting plans, drawings and specifications, which shall be in sufficient detail to enable the building inspector to determine if all building, zoning and other code requirements will be met and which shall contain other specific site details if required by other provisions contained in this chapter;

(3)

Perform any construction in violation of the state construction code adopted and in effect at the time of the construction, or any state or local law, regulation or code, whichever may apply;

(4)

Change any grade existing that is likely to cause erosion or water drainage to any adjacent property. The zoning administrator may apply the regulations on soil erosion and sedimentation control, part 91 of Public Act No. 451 of 1994 (MCL 324.9101 et seq.), for any size parcel; or

(5)

Use a building in violation of the land uses allowed in the zoned district in which it is located.

(b)

Penalties:

(1)

One violation of this chapter or state construction codewithin any 12-month calendar year shall result in the imposition of a money penalty equal to two times the normal permit fee ascribed to the work for which a permit is required.

(2)

Two violations of this chapter or state construction code within any 12-month calendar year shall result in the imposition of a money penalty equal to three times the normal permit fee ascribed to the work for which a permit is required.

(3)

Three violations of this chapter or state construction codewithin any 12-month calendar year shall result in a suspension of that person's ability to pull or otherwise obtain a permit to perform any authorized work within the city for the next 12 consecutive months.

(Ord. No. 369, § 15.215(3.113), 6-26-1981; Ord. No. 525, 3-12-1993)

Occupations engaged in within a dwelling by the resident or residents of the same are allowed if same comply with the following conditions and limitations:

(1)

The occupations are operated in their entirety within the dwelling and not within any accessory building located upon the premises, and the incidental goods or services sold are made, assembled or performed wholly within the building.

(2)

The occupations are only conducted by the person or persons occupying the premises as their principal residence.

(3)

The dwelling has no exterior evidence, other than a permitted sign, to indicate that the same is being utilized for any purpose other than that of a dwelling.

(4)

The occupation conducted therein is clearly incidental and subordinate to the principal use of the premises for residential purposes.

(5)

No goods are sold from the premises which are not strictly incidental to the principal home occupation conducted therein.

(6)

No occupation shall be conducted upon or from the premises which would constitute a nuisance or annoyance to adjoining residents by reason of noise, smoke, odor, electrical disturbance, night lighting or the creation of unreasonable traffic to the premises or cause any accumulation of materials, discarded materials or junk as defined in section 48-5 anywhere on the premises. Noise, smoke, odor, electrical disturbance or the source of lighting shall not be discernible beyond the boundaries of the property from which the occupation is conducted.

(7)

Any such home occupation may be subject to inspection by the building inspector of the city and may be terminated by order of such inspector whenever the same fails to comply with this chapter.

(8)

Whenever the building inspection department terminates a home occupation, the board of appeals, upon appeal to them of such termination, shall have the authority to determine whether or not a proposed use complies with this chapter and is within the spirit of the same to ensure the compatibility of any use with the character of the zoning classification in which the same is located and that the health, safety and general welfare of the neighborhood will not thereby be impaired.

(9)

The space of the home occupation shall not exceed more than 25 percent of the dwelling, excluding accessory buildings, regardless of the site of the home occupation.

(10)

No external or internal alterations shall be necessary to make the premises usable for the occupation.

(11)

No mechanical or electrical equipment shall be used which is not normally found in a home.

(12)

The business shall not allow more than three customers per day.

(13)

No persons shall provide services or be employed in connection with a home occupation except family members residing on the premises.

(Ord. No. 369, § 15.220(3.114), 6-26-1981)

State Law reference— Instruction in craft or fine art is a home occupation for all single-family residences, MCL 125.3204.

No land may be used in violation of any of the following provisions:

(1)

No land use shall cause air or water pollution; erosion; excessive noise, dust or obnoxious smell; water runoffs from property; or any activity which creates a hazard to adjacent land, improvements or occupants.

(2)

No future use different than the lawful use, or a valid noncomforming use, may be made of property unless specifically allowed without first obtaining a variance, zone change or special use permit, as may apply.

(3)

No tin cans, stoves, garbage, automobile bodies, junk, refuse or any waste material as defined in section 48-5 shall be dumped or allowed to remain on any private or public land within the city unless as otherwise provided herein, or at such location as has been designated as a sanitary landfill by the city and the county health department.

(4)

No private person may build, construct or add to, use or develop any private waste disposal plant, or lay pipes for disposal or treatment, application, incineration or storage of human, livestock, commercial or manufacturing wastes either liquid, gas or solid, without first obtaining a special use permit from the city. For purposes of this section, the terms "waste" and "disposal" shall be given broad interpretation, and not limited to waste standards as may be defined in other laws, rules or regulations of other governmental units or their agencies. The building administrator may waive the requirement for a special use permit in the case of on-site septic tanks and related drainage facilities when prior approval is obtained from the county health department.

(Ord. No. 369, § 15.225(3.115), 6-26-1981)

No yard or lot existing at the time of passage of the ordinance from which this article is derived shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this article is derived shall meet at least the minimum requirements established by this chapter. Lot area and density shall be computed excluding lands normally under water, streets, alleys or drives, and any portion of a parcel used in common with another tenant or user of the whole parcel.

(Ord. No. 369, § 15.230(3.116), 6-26-1981)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, convenience, comfort, prosperity or general welfare. Whenever the requirements of this chapter are in variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive, or that imposing the higher standards, shall govern.

(Ord. No. 369, § 15.235(3.117), 6-26-1981)

Not more than one principal building shall be located on a lot in an R-1, R-2, R-3, R-4 or R-5 district.

(Ord. No. 369, § 15.240(3.118), 6-26-1981)

The required yard space for each building, structure or use shall fall entirely upon land within a district or districts in which the use is permitted.

(Ord. No. 369, § 15.245(3.119), 6-26-1981)

The terms of this chapter shall not apply to lands, buildings, activities or uses of land or buildings if conducted by or on behalf of the city in the performance of those activities required or allowed under the state Constitution, state laws or city charter and ordinances.

(Ord. No. 369, § 15.250(3.120), 6-26-1981)

In all districts, accessory uses and structures shall be allowed which are customary and incidental to the principal or permitted use.

(Ord. No. 369, § 15.255(3.121), 6-26-1981)

(a)

Purpose. The purpose of this section is to prohibit outdoor furnaces so as to eliminate nuisance smoke, and to address the concerns regarding public health, safety and welfare of the city's residents.

(b)

Definitions. Outdoor furnaces are defined to include any structure located upon property the primary function of which is to provide a heat source to an adjacent or adjoining residential structure where the principal source of heat is the burning of wood, coal, corn or other similar combustible products or fuel oil, or any combination of wood, coal, corn or fuel oil.

(c)

Prohibition. Outdoor furnaces are not permitted to be located upon any parcel of property within the city.

(Ord. No. 695, § 1, 3-20-2007)