Except as otherwise provided in this Ordinance, no lot or parcel shall be created and no structure shall be erected or maintained except in compliance with the schedule of regulations specified below. If there is no rear lot line as otherwise defined herein, the required rear setback distance shall be measured from a line through the point on the lot most distant from any front lot line of the same lot, through the point to the closest point on any front lot line. If there is more than one such line, the rear setback shall be maintained from any one of them at the option of the owner. Where a lot fronts on two streets within 30 degrees of being parallel but not of their intersection, no rear setback is required. The side setback requirement applies to a side lot line and also to any lot line which is neither a front, rear, nor side lot line. All distances are measured in feet.

Any sale of land in violation of this section shall be voidable at the option of the purchaser and shall subject the seller to the forfeiture of any and all consideration received or pledged for the land. The purchaser may take additional action to recover any damages sustained. These remedies shall not preclude enforcement by the zoning administrator. For additional regulations within the Highway Overlay Zone, refer to article XII.

Footnotes to the Table:

^A

Lot width shall be measured as specified in the lot width definition and shall not include any encumbrances, such as easements or other such restrictions.

^B

Cornices, eaves, and gutters, may project two feet into the required yard. Attached or unattached decks, ramps and porches shall comply with side and rear setbacks. Attached or unattached decks, ramps and porches may protrude a maximum of ten feet into the required front yard setback. The zoning administrator has the authority to approve handicap or medically necessary structures which extend into the required front yard.

^C

The setback shall be measured from the road right-of-way, except where a parcel abuts a water body. In that case the setback shall be measured from the ordinary high water mark.

^D

If more than 50 percent of the structures in the same block on the same side of the street are at different front setback line, then other structures may be built at the average setback line of the majority of structures in the block.

^E

In the B-1 and B-2 Districts the side yards may be eliminated if the side walls are of fireproof construction and are wholly without opening and the zoning of the adjacent property is business.

^F

Where parking is in the front, the front setback shall be a minimum of 50 feet; where the parking is in the rear or side yard, the front setback shall be a minimum of 30 feet.

^G

The maximum height of an accessory building in the R-1 or R-2 District shall be 16 feet.

^H

The maximum lot coverage will be 100 percent in the situation where side yards have been eliminated.

^I

A detached single-family dwelling may be located on a one-acre minimum lot size.

(Ord. No. 444, 6-21-2021)

A.

Minimum lot size and lot width regulations as specified in section 401 do not apply to any parcel of land shown as a lot in a recorded plat, described in a deed, lease agreement, or land contract recorded with the county register of deeds prior to the effective date of this Ordinance, or described in a deed, land contract, or lease agreement which has been perpetual, executed together with an affidavit or acknowledgment of a notary public, prior to the effective date of this Ordinance. However, all other dimensional requirements shall apply to such nonconforming lots.

B.

To reduce or eliminate nonconforming lot sizes or lot width, where two lots are held in common ownership and one or both of these lots are non-conforming, they shall each be considered combined as a single lot and subject to the provisions of this Ordinance. No portion of such parcel shall be occupied or used in a manner inconsistent with the minimum lot area and width requirements of this Ordinance.

C.

Where three or more abutting lots of record are held in common ownership, and where one or more of these lots are non-conforming, the provisions of this Ordinance relating to lot area and lot width shall not be avoided by the sale or conveyance of a portion of such lots of record.

On lots in the I District, no structure shall be erected or maintained within 30 feet of the boundary line of any R-1 or R-2 Districts. Where a district boundary line divides a lot into two districts, it shall be treated as a lot line for purposes of the setback provisions of this Ordinance.

A.

No portion of a lot shall be used more than once in complying with the provisions for lot area and yard dimensions for construction or alteration of buildings.

B.

No setback area or lot existing at the time of adoption of this Ordinance shall be reduced in dimensions to an area below the stated minimum requirements. Yards or lots created after the effective date of this Ordinance shall meet at least the established minimum requirements.

A.

The following are exempted from height limit requirements, provided that no portion of the excepted structure may be used for human occupancy:

1.

Those purely ornamental in purpose such as church spires, belfries, domes, ornamental towers, flagpoles and monuments;

2.

Those necessary appurtenances to mechanical or structural functions, such as chimneys and smokestacks, water tanks, and cooling towers; amateur radio antennas; and cell towers and wind turbines.

B.

Radio antennas and towers, television antennas, satellite dishes, and flag poles of dwelling units, and public monuments, church spires, and the like shall be properly secured and not placed in locations where the collapse of such a structure will occur on adjoining property. Placement of such facilities shall not be less than the horizontal distance from such structure to the property line.

C.

For wireless communication tower, see section 1307.

D.

For wind turbine requirements, see section 1308.

Primary structures on lots abutting any inland lake or stream as defined in Public Act 451 of 1994, shall maintain a minimum setback of 75 feet as measured from the ordinary high water mark.

The minimum principal floor area, exclusive of basements, garages, porches and breezeways for structures used for residential use shall be:

A.

Every dwelling unit in the R-1, R-2, and RR Districts shall comply with the following standards:

1.

A structure used for residential use shall have a minimum width across any front, side or rear elevation of 20 feet and shall comply in all respects with the Michigan 2009 Residential Code, as amended, including minimum heights for habitable rooms. Where a dwelling is lawfully required to comply with any federal or state standards or regulations for construction and where such standards or regulations are different than those imposed by the Michigan 2009 Residential Code, as amended, then such federal or state standards or regulations shall apply.

2.

The dwelling unit shall be firmly attached to a permanent foundation constructed on the site in accordance with the Michigan 2009 Residential Code, as amended, shall have a wall of the same perimeter dimensions of the dwelling, and shall be constructed of such material and type as required in the applicable building code.

3.

The dwelling shall be connected to a public sewer and water supply or to an on-site septic system or water supply approved by the Dickinson-Iron District Health Department.

4.

The structure shall have a floor area of not less than 750 square feet and shall contain a storage capability area in a basement located under the structure, in an attic area, in closet areas or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to ten percent of the square footage of the dwelling or 100 square feet, whichever is less.

5.

The dwelling shall be aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of not less than six inches on all sides or alternatively with window sills and roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling; have not less than two functioning exterior doors with one being in either the rear or side of the dwelling; and contains permanently attached steps connected to the exterior door areas or to porches connected to door areas where a difference in elevation requires same. The compatibility of design and appearance shall be determined by the zoning administrator upon review of the plans submitted for a particular dwelling. Any determination of compatibility shall take into account the standards set forth in this definition of dwelling as well as the character, design and appearance of one or more residential dwellings located within 2,000 feet of the subject dwelling. Such area is to be developed with dwellings on not less than 20 percent of the lots. Where said area is not so developed, compatibility shall be determined by the character, design and appearance of one or more residential dwellings located throughout the City of Norway. 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.

6.

The dwelling shall not contain any addition, room or other area which are not constructed with similar or higher quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required.

7.

The dwelling shall comply with all pertinent building and fire codes. In the case of a manufactured home, all construction and plumbing, electrical apparatus and insulation within and connected to the manufactured home shall be of a type and quality conforming to the "Mobile Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, as amended. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

8.

Manufactured homes which do not conform to the standards of section 408 shall not be used for dwelling purposes within the City of Norway unless located within a manufactured housing community on 15 or more acres, when no public water or no public sewer is available, within manufactured home condominium project, or within a manufactured home subdivision.

B.

Manufactured homes shall be installed at a minimum in compliance with rules established by the manufactured home commission.

No more than one principal structure or use may be permitted on a lot, unless specifically provided for elsewhere in this Ordinance.

A.

A recreational vehicle, mobile home, or the basement of a home under construction may be used as a temporary dwelling until the owner or occupant completes the construction or erection of a house for which a building permit has been issued.

B.

The applicant may obtain a temporary dwelling permit for an initial period up to one year from the date of the building permit. Upon reasonable progress, the applicant may renew the permit for not more than two additional one-year periods. The unit must be connected to municipal sewer or an on-site sewage system, health department approved water source, and electric service.

C.

The mobile home may not be placed on a permanent foundation and must meet the required setback requirements of the district. Upon completion of the structure, the mobile home must be removed from the lot.

A.

A recreational vehicle having a valid state license/registration may be used on a lot without a principal building for dwelling purposes for a period not exceeding 90 consecutive calendar days. A 30-day extension may be granted at the discretion of the zoning administrator.

B.

One recreational vehicle shall be allowed per lot.

C.

Persons using a recreational vehicle for such use must register with the zoning administrator. Vehicles remaining unattended must have the owner's name, address and telephone number visibly placed on the vehicle.

A.

The parking and/or storage of recreational vehicles, snowmobile, motorcycles, scooters, 3- and 4-wheelers, boats, and other similar vehicles (whether on trailer or not) are permitted in the side and rear yards provided there is a minimum setback of five feet.

B.

The storage of the above items is only permitted on lots with a principal building.

C.

Travel trailers, campers, or other recreational vehicles may be stored in the rear or side yard, provided that such vehicles are not occupied for a period of more than 14 days in any 12-month period.

D.

Recreational vehicles, snowmobiles, motorcycles, scooters, 3- and 4-wheelers, boats and other similar vehicles (where on trailer or not) shall not be parked or stored on the front setback area of the property, unless on an area permanently constructed as a driveway or parking area.

E.

At no time shall any recreational vehicles, snowmobiles, motorcycles, scooters, 3 and 4 wheelers, boats and other similar vehicles (where on trailer or not) be parked on a City of Norway right-of-way, that area defined as from the curb to the sidewalk, commonly referred to as the parkway or boulevard, be it paved or unpaved.

A.

Where a lot is devoted to a permitted principal use, customary accessory uses and buildings are authorized except as prohibited specifically or by necessary implication in this or any other ordinance. The following special rules are applicable:

1.

An accessory building, including carports, attached to the principal building shall be made structurally a part thereof, and shall comply in all respects with the requirements of this Ordinance applicable to the principal building. Breezeways, as an attachment between the garage or carport and the main building, shall be considered a part of the main building, but shall not be considered livable floor space.

2.

An accessory building, unless attached and made structurally a part of the principal building, shall not be closer than five feet to any other structure on the lot.

3.

An accessory building in R-1 and R-2 Districts shall occupy no more than 25 percent of a required rear yard, plus 20 percent of any non-required rear yard, provided that in no instance shall the accessory building exceed the ground floor area of the principal building.

4.

The following structures shall not be used as an accessory building in the R-1, R-2, and RR Districts: mobile homes, containerized boxes, trailers units, and the like.

5.

A dog run is an accessory building. Dog runs located in a rear yard with an obscuring fence are exempt from setback requirements in this article.

6.

Within the R-1, R-2, and RR Districts the same or similar quality exterior material as used in the construction of the principal building shall be used in the construction of an accessory building; dog runs are exempt from this provision. All accessory buildings shall be compatible with the principal building on the lot and shall be designed to blend with the environment. "Compatible" means that the exterior appearance of the accessory building is not at variance with the principal building from an aesthetic and architectural standpoint as to cause:

a.

A difference to a degree to cause incongruity.

b.

A depreciation of neighborhood values or adjacent property values.

c.

A nuisance being an unsightly building exterior.

7.

An accessory building in the RR District shall not exceed one and one-half times the floor area of the principal building.

8.

All accessory buildings and/or structures must be located on the private property of the person, firm, or corporation constructing the building and/or structure, and an accessory building and/or structure shall be no closer than five feet from the rear or side property lot line. No accessory building shall be constructed or placed upon any property within ten feet of the shoulder of the improved portion of a street or alley when the door of the accessory building faces or is parallel to the street or alley.

9.

The maximum height of an accessory building in the R-1, R-2, and RR Districts shall be 16 feet. Detached accessory buildings in all other districts may be constructed to equal the permitted maximum height of structures in such districts.

10.

Accessory buildings or structures are subject to all setback requirements from the street applying to the principal building, except for the rear setback; provided however, when topographic conditions prevent compliance with this subsection the zoning board of appeals may vary the requirements of this subsection in such a manner as to contribute to the public safety and general welfare.

11.

Accessory buildings, structures, and uses are permitted only in connection with, incidental to and on the same lot with, a principal building that is occupied by a use permitted in the particular zoning district.

12.

No accessory building, structure, or use shall be occupied or utilized unless the principal structure to which it is accessory to is occupied or utilized.

B.

Membrane or fabric storage structures as defined in this ordinance may be permitted on any lot as an accessory structure, subject to the following (below) requirements for approval. Said structures shall also abide by the requirements of subsection A. above, except requirement 6.

1.

A zoning permit is required to allow the erection of a membrane storage structure.

2.

The maximum size of a membrane storage structure is 192 square feet.

3.

One membrane storage structure per zoning lot is permitted.

4.

A membrane storage structure shall comply with setback requirements for accessory structures.

5.

The structure shall be sufficiently anchored to withstand overturning, uplifting or sliding from a 50 mile per hour wind.

6.

The structure shall [be] designed and installed in compliance with the Michigan 2009 Residential Code, as amended or the Michigan 2012 Building Code, as amended.

7.

The structure shall be properly maintained.

(Ord. No. 451, 2-7-2022)

In residential and business districts it is prohibited to use the open space surrounding a dwelling or principal building for the open air parking, disposition, storage, wrecking, dismantling, accumulation or abandonment, either temporary or otherwise, of unlicensed, inoperable, disused, discarded, worn out, wrecked, or dismantled vehicles, machinery, implements, apparatus, furniture, appliances, junk, or any other personal property.

Garage sales at residences are allowed a maximum of three occurrences per calendar year in all zoning districts; each occurrence shall not exceed four consecutive days. Garage sales are not considered to be a home occupation.

A temporary sales products stand is permitted in any district subject to the following regulations: one stand per parcel, written permission from the property owner is clearly posted on the stand, operated from sunrise to 9:00 p.m., maximum total floor area is 320 square feet, off-street parking to be provided for a minimum of four vehicles, and are located a minimum of five feet from the road right-of-way. Temporary sales stands are permitted on the parcel for a maximum of 90 days. The stand must be removed within 14 days of ceasing operations.

All lighting for parking areas or for the external illumination of buildings or grounds shall be directed away from and shall be shielded from adjacent residential districts and shall also be so arranged as to not adversely affect driver visibility on adjacent thoroughfares. Lighting standards shall not exceed the maximum height limitations established for each use district as set forth in section 401.

A.

No grading, including any act by which soil, rock, or mineral matter is cut into, dug, quarried, uncovered, removed, displaced, or relocated, and including the removal of vegetable cover, excavation, and land balancing, shall be undertaken without first obtaining a grading permit from the zoning administrator and upon payment of a fee of $10.00 per acre or fraction thereof, but not exceeding $200.00, and a performance or other security in the amount necessary to insure compliance with the requirements of section 312. No grading permit shall be required for agricultural, horticultural and forestry activities, the construction of a driveway which does not at any point vary from the surrounding grade by more than one foot, the normal graveling or grading of a road or driveway, any project that does not involve, in any one year, an area exceeding 2,000 square feet, or more than 1,000 cubic yards of material, or construction or maintenance of a septic tank or associated drain field. No grading permit for operations requiring more than one year for completion shall be issued except for lands in District I.

B.

No grading permit shall be required for activities for which a permit has been issued pursuant to the provisions of the Soil Erosion and Sedimentation Control Act, Act 347, Public Acts of 1972.

C.

Anyone engaged in grading shall at all times take all appropriate and reasonable steps to prevent erosion including the construction of silt traps, the mulching and temporary or permanent planting of all areas exposed by grading, the construction of diversions, channel linings, grade stabilization structures, and bank protection structures, and shall limit, insofar as is practical, the area of land exposed to erosion resulting from grading at any one time and the length of time that any area is exposed, and shall, upon completion of operations, leave the area in a condition where further erosion will not take place and the land is at least as suitable for uses permitted under this Ordinance as when grading operations commenced. For additional grading provisions within the Highway Overlay Zone, refer to section 1218, subsection P.

D.

An application for a grading permit must contain sufficient information to enable the zoning administrator to determine that the applicant proposes to take such measures as are necessary to meet the requirements of the preceding section. Where necessary, the zoning administrator shall require the submission of topographic maps, soil boring reports, or other necessary technical information. Upon receiving an application meeting the requirements set forth in this section, and payment of any fee required, the zoning administrator shall issue a grading permit to the applicant. No grading permit shall be valid except for work described in the application. The zoning administrator shall impose such conditions or requirements in granting the permit as may be necessary to insure compliance with the requirements of the preceding section, and shall impose such limits on working hours and time limits for completion of operations and various stages thereof as may be necessary to minimize incompatibility with nearby land uses, and failure to take any action or refrain from any action specified either in the application or on the face of the permit shall constitute a violation of this Ordinance.

E.

Pursuant to the provisions of section 1108, the applicant shall provide financial security in one or a combination of the following arrangements:

1.

Performance bond. A performance or surety bond issued by a bonding company authorized to do business in the State of Michigan.

2.

Escrow fund. A cash deposit or by certified check.

3.

Irrevocable letter of credit. An irrevocable letter of credit issued by a bank authorized to do business in the State of Michigan.

The security shall be filed with the city treasurer and shall be for the same time period as the grading permit and of an amount estimated by the zoning administrator as necessary to make the site as suitable for uses permitted in this Ordinance as before grading operations commenced.

F.

Whenever, during or following grading operations, conditions arise which require the taking of any measures or precautions or the imposition of any limits or restraints to assure compliance with the requirements of section 419, the zoning administrator shall make a written order requiring the taking or refraining from any such action and post such order on the premises, and any violation thereof shall constitute a violation of this Ordinance. Wherever it appears that measures or precautions previously required are unnecessary, the zoning administrator shall waive them in writing.

A.

The keeping of household pets, including dogs, cats, rabbits, fish birds, hamsters and other animals generally regarded as household pets is permitted as an accessory use in any agricultural or residential zoning district. However, no more than three dogs or cats, six months of age or older, in any combination, and no more than a total of six animals over one pound in weight shall be kept or housed in or at one dwelling unit in a residential district, unless the use is a commercial kennel.

B.

The keeping of exotic animals, not normally considered farm livestock (horses, cattle, bison, sheep, goats, pigs, chickens, rabbits, ducks, etc.) or household pets, is prohibited in a residential zoning district.

A.

Intent: The following regulations are to protect public health, safety and welfare and preserve the quality of waters which could be threatened by the over-usage of inland lakes, and avoid situations which may create a nuisance, impair important irreparable natural resources and diminish property values. The regulations shall apply to the following private sites, platted lots and other lots to be held in common by a subdivision, condominium, association, similar agency or group of individuals; or held in common by virtue of the terms of a plat; or provide for common use under deed restrictions:

1.

Lots created after the effective date of this amendment.

2.

Lots of record existing prior to the effective date of this Ordinance that did not provide common use access to a water body prior to the effective date of this amendment.

3.

Lots of record which existed prior to the effective date of this amendment that provided common use access to a water body may continue to provide riparian rights subject to the marina operating permit requirements of the Michigan Department of Natural Resources under Part 301 Inland Lakes Streams of Public Act 451 of 1994.

B.

The use of riparian lot and common use riparian lot for boat dock and launching site are:

1.

No more than one boat dock per dwelling unit shall be permitted for single-family dwelling and two family dwellings located on a riparian lot.

2.

No more than one boat dock per dwelling unit shall be permitted for multiple-family dwellings located on a riparian lot.

3.

Boat launching sites and boat docks within a common use riparian lot shall be permitted as a conditional use upon review and approval in accordance with the standards and procedures of article XIII and the standards listed below.

C.

The planning commission shall be guided by the following standards for reviewing a conditional use request for a boat launching site or boat dock within a common use riparian lot.

1.

Waterfront lots dedicated to a common use for water access, boat launching and docking shall conform to all respects to the minimum lot size and minimum lot width requirements of the district in which they are located. In addition, common use riparian lots shall have the following minimum lot dimensions:

a.

Such riparian lot shall have a minimum of 50 feet of riparian frontage for each non-riparian lot served. Riparian frontage shall be measured by a straight line which intersects each side lot line at the water's edge. Artificially created shoreline may not be used to increase the calculated riparian frontage.

b.

Such riparian lot or parcel shall have a minimum lot depth of 100 feet, measured as the minimum distance between the water's edge and the lot line which is opposite the water's edge.

c.

The recorded deed to such lot or parcel shall specify the non-riparian lots or parcels which shall have rights to its use.

2.

For condominiums, site condominiums, or planned unit development where there are common areas with riparian frontage, there shall be a minimum of 50 feet of riparian frontage for each dwelling unit. One boat dock shall be permitted for every five dwelling units, with a required minimum spacing of 50 feet between boat docks.

3.

Any boat dock facility within a common use riparian lot must obtain a permit for marina operation from the Michigan Department of Natural Resources in accordance with Administrative rules of Part 301 Inland Lakes and Streams of Public Act 451 of 1994. The design for a boat dock facility shall meet all of the Michigan Department of Natural Resources standards for a marina.

4.

Public access sites owned and operated by the State of Michigan are exempt from township riparian lot use regulations.

The following regulations shall apply to all condominium developments within the City of Norway:

A.

Initial information. Concurrently with the notice required to be given the city pursuant to section 71 of the Condominium Act, Public Act No. 59 of 1978 (MCL 559.171), a person intending to develop a condominium development shall provide the following information:

1.

The name, address, and telephone number of:

a.

All persons with an ownership interest in the land on which the condominium development will be located together with a description of the nature of each entity's interest (for example, fee owner, optionee, or land contract vendee).

b.

All engineers, attorneys, architects, or registered land surveyors associated with the project.

c.

The developer or proprietor of the condominium development.

2.

The legal description of the land on which the condominium development will be developed together with appropriate tax identification numbers.

3.

The acreage content of the land on which the condominium development will be developed.

4.

The purpose of the development (for example, residential, commercial, industrial, etc.).

5.

Approximate number of condominium units to be developed on the subject parcel.

6.

Whether or not a community water system is contemplated.

7.

Whether or not a community septic system is contemplated.

B.

Information to be kept current. The information shall be furnished to the zoning administrator and shall be kept updated until such time as a zoning compliance permit has been issued pursuant to section 1406.

C.

Site plans for new projects. Prior to recording of the master deed required by section 72 of Public Act No. 59 of 1978 (MCL 559.172), the condominium development shall undergo site plan review and approval pursuant to article XI, sections 1101 through 1108. In addition, the City of Norway shall require appropriate engineering plans and inspections prior to the issuance of any certificates of occupancy.

D.

Site plans for expandable or convertible projects. Prior to expansion or conversion of a condominium development to additional land, the new phase of the project shall undergo site plan review and approval pursuant to article XI, sections 1101 through 1108.

E.

Master deed, restrictive covenants and as-built survey. The condominium development developer or proprietor shall furnish the building official with the following: one copy of the recorded master deed, one copy of all restrictive covenants, and two copies of an as-built survey. The as-built survey shall be reviewed by the Norway Area engineer for compliance with City of Norway ordinances. Fees for this review shall be established by resolution of the city council.

F.

Monuments. All condominium developments which consist in whole or in part of condominium units which are building sites, mobile home sites, or recreational sites shall be marked with monuments as provided in this subsection.

1.

All monuments used shall be made of solid iron or steel bars at least one-half inch in diameter and 36 inches long and completely encased in concrete at least four inches in diameter.

2.

Monuments shall be located in the ground at all angles in the boundaries of the condominium development, at the intersection lines of streets and at the intersection of the lines of streets with the boundaries of the condominium development and at the intersection of alleys with the boundaries of the condominium development, at all points of curvature, points of tangency, points of compound curvature, points of reverse curvature and angle points in the side lines of streets and alleys and at all angles of an intermediate traverse line. It is not intended or required that monuments be placed within the traveled portion of a street to mark angles in the boundary of the condominium development if the angle points can be readily re-established by reference to monuments along the side lines of the streets.

3.

If the required location of a monument is in an inaccessible place, or where the locating of a monument would be clearly impracticable, it is sufficient to place a reference monument nearby, and the precise location thereof shall be clearly indicated on the plans and referenced to the true point.

4.

If a point required to be monumented is on a bedrock outcropping, a steel rod, at least one-half inch in diameter, shall be drilled and grouted into solid rock to a depth of at least eight inches.

5.

All required monuments shall be placed flush with the ground where practicable.

6.

All unit corners and the intersection of all limited common elements and all common elements shall be monumented in the field by iron or steel bars or iron pipe at least 18 inches long and one-half inch in diameter, or other approved markers.

7.

The planning commission may waive the placing of any of the required monuments and markers for a reasonable time, not to exceed one year, on the condition that the proprietor deposits with the city clerk cash or a certified check, or an irrevocable bank letter of credit to the city, whichever security form the proprietor selects, in an amount to be established by the city council by resolution. Such cash, certified check, or irrevocable bank letter of credit shall be returned to the proprietor upon receipt of a certificate by a surveyor that the monuments and markers have been placed as required within the time specified.

G.

Compliance with federal, state and local law. All condominium developments shall comply with federal and state statutes and local ordinances.

H.

Occupancy before installation of improvements. The zoning administrator may allow occupancy of the condominium development before all improvements required by this section are installed, provided that cash, a certified check, or an irrevocable bank letter of credit is submitted sufficient in amount and type to provide for the installation of improvements before the expiration of the temporary occupancy permit without expense to the city.

I.

Single-family detached condominiums.

1.

Pursuant to authority conferred by section 141 of the Condominium Act, Public Act No. 59 of 1978 (MCL 559.241), all condominium subdivision plans must be approved by the city council following review and recommendation for approval by the planning commission. In determining whether to recommend a condominium subdivision plan for approval to the city council, the planning commission shall consult with the zoning administrator, city attorney, city engineer, and city planner regarding the adequacy of the master deed, deed restrictions, utility systems and streets, development layout, and design and compliance with all requirements of the Condominium Act, Public Act No. 59 of 1978 (MCL 559.101 et seq.), and this chapter.

2.

A single-family detached condominium development shall be subject to all of the requirements and standards of the applicable single- or multiple-family residential district or approved planned unit development (PUD) plan.

3.

The design of a single-family detached condominium project shall be subject to the following design layout and engineering standards, except as may otherwise be provided by this section. Streets shall conform to at least all minimum requirements of the general specifications and typical cross sections as set forth in the design layout standards in conditions set forth by the city council and the county road commission and shall conform to the access management requirements of article XII.

a.

Location, arrangement and design of streets.

i.

The street layout shall provide for continuation of collector streets in the adjoining subdivisions or of the proper projection of streets when adjoining property is not subdivided, or conform to a plan for a neighborhood unit drawn up and adopted by the commission.

ii.

The street layout shall include minor streets so laid out that their use by through traffic shall be discouraged.

iii.

Should a proposed condominium development border on or contain an existing or proposed major thoroughfare, the commission may require marginal access streets, reverse frontage, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation and reduction of traffic hazards.

iv.

Should a proposed condominium development border on or contain a railroad, expressway, or other limited access highway right-of-way, the commission may require the location of a street approximately parallel to and on each side of such right-of-way at a distance suitable for the development of an appropriate use of the intervening land such as for public parks in residential districts. Such distances shall be determined with due consideration of the minimum distance required for approach grades to future grade separation.

v.

Half streets shall be prohibited, except where absolutely essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations, and where the commission finds it will be practicable to require the dedication of the other half when the adjoining property is developed. Wherever there exists, adjacent to the tract to be subdivided, a dedicated or platted and recorded half street, the other half shall be platted or otherwise included in the condominium subdivision.

vi.

Should a proposed condominium development border upon or contain an existing or proposed canal, channel, or drainageway, the commission may require the location of a bridge facility suitable to permit the unimpeded flow of water and the passage of waterborne vehicles.

b.

Right-of-way and pavement widths.

i.

Street right-of-way and pavement widths shall conform to at least the following minimum requirements:

ii.

On-premise parking shall be provided for each individual dwelling unit.

iii.

Minimum length for residential cul-de-sac streets shall be 140 feet. Maximum length for residential cul-de-sac streets shall be 500 feet.

iv.

Access to streets across all ditches shall be provided by the proprietor with the county road commission's specifications and procedures for driveway installation.

c.

Easements.

i.

Location of utility line easements shall be provided as necessary for utility lines. Such easements shall be a total of not less than 12 feet wide, six feet from each parcel.

ii.

Recommendations on the proposed layout of telephone and electric company easements should be sought from all of the utility companies serving the area. It shall be the responsibility of the proprietor to submit copies of the proposed condominium development plan to all appropriate public utility agencies.

iii.

Easements six feet in width, three feet from each parcel, shall be provided where needed, alongside condominium unit boundary lines so as to provide for streetlight dropouts. Prior to the approval of the condominium subdivision plan, a statement shall be obtained from the appropriate public utility indicating that easements have been provided along specific condominium unit boundaries. A notation shall be made on the condominium subdivision plan indicating: "The side boundary lines between condominium units (indicating building envelope numbers) are subject to streetlight dropout rights granted to the (name of utility company)."

4.

Condominium units. Condominium units within detached condominium developments shall conform to the following standards:

a.

Condominium units situated on corners in residential subdivisions shall be at least ten feet wider than the minimum width permitted by this chapter.

b.

Excessive condominium unit depth in relation to width shall be avoided. A depth-to-width ratio of 3:1 shall be considered a maximum.

c.

Every condominium unit shall front or abut on a street.

d.

Side condominium unit lines shall be at right angles or radial to the street lines.

e.

Condominium units abutting major thoroughfares or collector streets, where marginal access streets are not desirable or possible to attain, shall be situated with reverse frontage condominium units, or with side condominium unit lines parallel to the major traffic streets.

f.

Condominium units shall have a front-to-front relationship across all streets where possible.

g.

Where condominium units border upon bodies of water, the front yard may be designated as the waterfront side of such condominium unit provided the building envelope has sufficient depth to provide adequate setback on the street side to maintain a setback for all structures equal to the front setback on the street side as well as on the waterfront side.

5.

Blocks.

a.

Maximum length for blocks shall not exceed 1,300 feet in length, except where, in the opinion of the planning commission, conditions may justify a greater distance.

b.

Widths of blocks shall be determined by the condition of the layout and shall be suited to the intended layout.

6.

Natural features. The natural features and character of lands must be preserved wherever possible. Due regard must be shown for all natural features such as large trees, natural groves, watercourses, and similar community assets that will add attractiveness and value to the property, if preserved. The preservation of drainage and natural stream channels must be considered by the proprietor and the dedication and provision of adequate barriers, where appropriate, shall be required.

7.

Walkways. Walkways shall be installed in all single-family detached condominium developments. Such walkways shall be a minimum of five feet in width along both sides of collector and minor streets and six feet in width along all major thoroughfares. Access to all general common areas shall be provided. Upon review of the site plan, the planning commission may approve alternate locations for the walkways or may waive the walkway requirement if it would not serve the purpose of providing adequate pedestrian circulation.

8.

Street trees and landscaping.

a.

Street trees shall be provided in the ratio of at least one per dwelling unit, shall be placed along the right-of-way, and shall not be less than eight feet in height.

b.

Certain trees are prohibited in accordance with the City of Norway Urban Forestry Plan.

c.

All unimproved surface area of the site shall be planted with grass, ground cover, shrubbery, or other suitable landscape materials, except that patios, terraces, decks, and similar site features may be allowed.

9.

Utilities.

a.

An adequate storm drainage system including necessary storm sewers, catch basins, manholes, culverts, bridges, and other appurtenances shall be required in all developments.

b.

A sewage disposal system shall be required as regulated by the Dickinson-Iron Health Department.

c.

A water supply system shall be required as regulated by Dickinson-Iron Health Department.

d.

The proprietor shall make arrangements for all lines for telephone, electric, television, and other similar services distributed by wire or cable to be placed underground entirely throughout the development area, and such conduits or cables shall be placed within private easements provided to such service companies by the developer or within dedicated public ways; provided that overhead lines may be permitted upon written recommendation of the city or township engineer and the approval of the planning commission at the time of site plan approval where it is determined that overhead lines will not constitute a detriment to the health, safety, general welfare, design, and character of the development. All such facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. All such facilities shall be constructed in accordance with standards of construction approved by the state public service commission. All drainage and underground utility installations which traverse privately held property shall be protected by easements granted by the proprietor.

10.

Final documents to be provided. After submittal of the condominium plan and bylaws as part of the master deed, the proprietor shall furnish to the city a copy of the site plan on 11" × 17" paper, with a final digital copy.

A trailer may be used at any one time within the front yard of a lot within a residential district for a period of one week, after which it must be relocated to a driveway, side or rear yard, or within a structure. A trailer on a lot within a residential district may be stored indefinitely on a driveway, within a side or rear yard, or within a structure.

The following regulations are additional regulations and shall also apply to all development within the Oak Crest Residential Development. If any regulation within this section contradicts language in another section then this section shall govern.

1.

Purpose. The purpose of separate regulations is to ensure the use of the property for attractive residential purposes only, to prevent nuisance and the impairment of the attractiveness of the property, to seek the use of quality materials and workmanship, to maintain the desired atmosphere and appearance of the community and, thereby, to secure to each lot owner the full benefit and enjoyment of their home, with no greater restriction on the free and undisturbed use thereof, than is necessary, to ensure the same advantages to the other lot owners.

2.

Minimum floor area and design. All structures to be erected in the subdivision shall be of a pleasing and harmonious external design and shall conform to all established setback lines; and any dwelling that fails to conform to the specified minimum areas shall not be permitted on any lot, except with prior written approval of developer.

All lots shall be used for single-family dwellings only. The finished enclosed square footage of the main structure, exclusive of open porches, breezeways, basements and garages, shall not be less than the following:

3.

Land use and building type. No lot, whether alone or in combination with one or more other lots in this subdivision, shall be used for anything except single-family residential purposes as specified above. All of the lots shall be restricted as follows:

a.

All dwellings shall have a roof pitch of not less than 5/12 with a roof overhang of a minimum of 18" on the front and rear and 12" on the gable ends.

b.

No trailer, tent, shack, basement, garage, barn or other outbuilding shall be used temporarily or permanently as a residence.

c.

No dwelling shall exceed two stories in height above finished grade level.

4.

Pets. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot; with the exception of dogs, cats or other household pets, which may be kept, provided they are not kept, bred or maintained for any commercial purpose.