Ovid City Zoning Code

The provisions in this article establish miscellaneous regulations which have not been specifically provided for in other portions of this chapter, yet are applicable to all zoning districts unless otherwise indicated.

(Code 1991, § 19-101; Ord. No. 83, § 6.01, 4-16-1984)

Any structure for human occupancy after May 6, 1984, and used for dwelling, business, industrial, recreational, institutional, mercantile or storage purposes shall not be erected, altered, used or moved upon any premises unless the structure is provided with a potable water supply and wastewater disposal system that ensures a safe and effective means of collection, treatment and disposal of human, commercial and industrial wastes. All such installations shall comply with the requirements of the state and the county health department.

(Code 1991, § 19-102; Ord. No. 83, § 6.02, 4-16-1984)

State Law reference— Sewage disposal and waterworks systems, MCL 324.4100 et seq.

In order to protect adjacent properties, public roads, public watercourses and to provide for adequate drainage of surface water, the following rules shall apply to all construction activities requiring permits pursuant to this chapter:

(1)

The final grade surface of ground areas surrounding a building or structure shall be designed and landscaped such that surface water flows away from the building or structure and is managed in a manner which avoids increased flow onto adjacent properties or public roads, the erosion or filling of a roadside ditch, the blockage of a public watercourse or the creation of standing water over a private sewage disposal drainage field.

(2)

Filling with earth or other materials a parcel of land to an elevation above the established grade of adjacent developed land is prohibited without the expressed written approval of the county drain commissioner.

(Code 1991, § 19-103; Ord. No. 83, § 6.03, 4-16-1984)

State Law reference— Building and construction in floodplain, MCL 324.3108; soil erosion and sedimentation control, MCL 324.9101 et seq.; soil conservation districts law, MCL 324.9301 et seq.; habitat protection, MCL 324.30101 et seq.; subdivision within or abutting floodplain, plat requirements, MCL 560.138; subdivision within floodplain, conditions for approval, MCL 560.194.

After May 6, 1984, all lots shall have the required minimum lot width along and adjacent to a public thoroughfare, or the required minimum lot width in conjunction with access to a public thoroughfare provided by a right-of-way of not less than 30 feet in width. The right-of-way shall be established by legal or equitable title or a recorded permanent easement. Under this provision, no more than one lot may be served by such an access route.

(Code 1991, § 19-104; Ord. No. 83, § 6.04, 4-16-1984)

No existing building or other structure within or outside of the city shall be relocated upon any parcel or lot within the city unless the building design and construction are compatible with the general architectural character, design and construction of other structures located in the immediate area of the proposed site; the building and all materials therein are in conformity with the state construction code ; and the building or structure can be located upon the parcel and conform to other requirements of the respective zoning district.

(Code 1991, § 19-105; Ord. No. 83, § 6.05, 4-16-1984)

State Law reference— Moving buildings or obstructions, MCL 247.188 et seq.

Temporary buildings and structures may be placed on a lot or parcel of record and occupied only under the following conditions as authorized by the zoning administrator:

(1)

During renovation of a permanent building damaged by fire. The temporary building or structure must be removed when repair of fire damage is complete, but in no case shall it be located on the lot or parcel for more than 90 days.

(2)

Temporary buildings and structures incidental to construction work, except single-family residences. Such temporary buildings shall be removed within 15 days after construction is complete, but in no case shall the building or structure be allowed more than 12 months, unless expressly authorized after petition to the zoning board of appeals.

(3)

Temporary building incidental to a church or school, provided that all wiring, plumbing, fire protection and exits are approved by the fire chief and building inspector, and by relevant state agencies.

(4)

No garage, barn or accessory buildings, or cellar, whether fixed or portable, shall be used or occupied as a dwelling. Travel trailers or motor homes may be occupied for a period not to exceed 15 days in one year unless in an approved travel trailer park or campground.

(5)

The zoning administrator shall require a performance guarantee in the form of cash, check or savings certificate be deposited with the city clerk-treasurer in an amount equal to the estimated cost of removing the temporary structure if it is not removed by an applicant at the end of an authorized period. The applicant shall similarly sign an affidavit holding the city harmless against any claim for damages if the city were to subsequently use the performance guarantee to remove the temporary structure after its authorized period had expired.

(Code 1991, § 19-106; Ord. No. 83, § 6.06, 4-16-1984; Ord. No. 83.4, 2-15-1989)

The city council, upon receiving planning commission recommendation, may issue temporary housing permits for structures for dwelling purposes, including mobile homes, subject to the following limitations and procedures:

(1)

Emergency housing. When a dwelling is destroyed by fire, collapse, explosion, acts of God or acts of a public enemy to the extent that it is no longer safe for human occupancy, as determined by the building inspector, a temporary housing permit shall be issued upon the request of the owner at the time of destruction. The permit shall be in effect for no more than six months; any extension must be approved by the city council which may grant the same for a period of not more than one year.

(2)

Conditions. A temporary housing permit shall not be granted for any reason unless the council finds evidence that the proposed location of the temporary dwelling will not be detrimental to property in the immediate vicinity (within 300 feet), and that the proposed water supply and sanitary facilities have been approved by the county health department. All applicable dimensional requirements within the district shall apply to temporary dwellings.

(3)

Performance guarantee. The city council may require a performance guarantee to insure removal of temporary housing authorized by this section in accord with the procedures and requirements of section 36-110(5).

(Code 1991, § 19-107; Ord. No. 83, § 6.07, 4-16-1984; Ord. No. 83.4, 2-15-1989)

Accessory buildings, structures and uses, except as otherwise permitted in this chapter, shall be subject to the following regulations:

(1)

An accessory building, including carports attached to the principal building, shall comply in all respects with the requirements of this chapter 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 area.

(2)

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

(3)

No accessory building or structure shall be closer than five feet to any interior side or rear lot line.

(4)

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

(5)

An accessory building or structure shall not occupy more than 25 percent of the area of any rear yard, providing that in no instance shall the accessory building or structure exceed the ground floor area of the principal building. Except that an accessory building or structure may occupy up to 50 percent of the area of any rear yard, if it is a nonconforming lot of record, and provided side and rear yard setbacks are still met.

(6)

No detached residential accessory building or structure shall exceed one story or 14 feet in height. Detached accessory buildings for other uses may be constructed to equal the permitted maximum height of structures in the districts, subject to zoning board of appeals' approval if the building exceeds one story or 14 feet in height. This restriction shall not apply to agriculture-related accessory structures, or accessory structures allowed by special use permit.

(7)

Buildings accessory to principal buildings shall not be erected in the front yard.

(Code 1991, § 19-108; Ord. No. 83, § 6.08, 4-16-1984; Ord. No. 83.4, 2-15-1989)

No more than one principal building may be permitted on a lot or parcel, unless specifically provided for elsewhere in this article.

(Code 1991, § 19-109; Ord. No. 83, § 6.09, 4-16-1984)

The minimum yard size and setback requirements of this chapter are subject to the following permitted encroachments:

(1)

Existing buildings or structures shall be permitted to encroach upon the minimum yard area and setback requirements of this chapter with architectural elements that are necessary to the integrity of the structure of the building, or health or safety of the occupants such as cornices, eaves, gutters, chimneys, pilasters, outside stairways, fire escapes and similar features which may project into a required yard area no more than five feet.

(2)

Terraces, patios, porches and decks provided that they are not covered with a roof, or that the deck or paved area is no closer than ten feet from any lot line or public right-of-way line.

(Code 1991, § 19-110; Ord. No. 83, § 6.10, 4-16-1984)

Any front setback area in any district may be reduced below the minimum requirements when the average front setback of existing principal buildings within 200 feet of a proposed principal building location is less than the minimum required, in which case the required minimum front setback shall be based on the established average. When the established setback is greater than the required minimum, the required setback for the proposed building shall be the average of the existing buildings. Front setbacks may be further reduced in the QP district by special use permit.

(Code 1991, § 19-111; Ord. No. 83, § 6.11, 4-16-1984; Ord. No. 118, § 2, 3-12-2007)

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

(Code 1991, § 19-112; Ord. No. 83, § 6.12, 4-16-1984)

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, cupolas, domes, ornamental towers, flagpoles and monuments, and that do not exceed 75 feet in height;

(2)

Those necessary appurtenances to mechanical or structural functions, such as chimneys and smokestacks, water tanks, elevator and stairwell penthouses, ventilators, bulkheads, radio towers, masts and aerials, television antennas, fire and hose towers, wire transmission structures, cooling towers or other structures where the manufacturing process requires a greater height but do not exceed 100 feet in height;

(3)

Those structural extensions deemed necessary for appropriate building design such as cornices or parapet walls may extend a maximum of five feet above height limitations and shall have no window openings;

(4)

Public utility structures, but not including communication towers, except with a special use permit;

(5)

Communication towers with a height not to exceed 200 feet within the QP district, but only with a special use permit; or

(6)

Agriculture-related structures, such as barns, silos, elevators and the like that do not exceed 100 feet in height.

(Code 1991, § 19-113; Ord. No. 83, § 6.13, 4-16-1984; Ord. No. 83.4, 2-15-1989; Ord. No. 118, § 3, 3-12-2007)

(a)

Zoning permit required. No fence shall be erected prior to the issuance of a zoning permit by the city. The permit application shall describe the fence and include the height, length, location, material, and general type of fence.

(b)

Right-of-way. Fences shall not be erected within or extend into a street right-of-way.

(c)

Visibility. No Fence, wall, sign or screen or any planting shall be erected or maintained in such a way as to obstruct vision or interfere with traffic visibility on a curve, or within 20 feet of the right-of-way of a public street.

(d)

Permitted and prohibited fence types. Fence types can include, but are not limited to: chain link, picket, stockade, wood slat, shadow box, and wrought iron. Woven wire fences, such as poultry netting, field fences, cattle fences and snow fences, are not permitted. No fence shall be constructed of corrugated metal, corrugated plastic or similar materials, or include old doors or other discarded material.

(e)

Dangerous fence elements prohibited. No fence shall contain barbed wire, electric current, broken glass, sharp edges or other dangerous elements.

(f)

Height.

(1)

A residential fence shall not exceed a height of six feet, measured from grade to the highest point of the fence.

(g)

Exterior and interior sides of fences or walls. The finished side or most visibly attractive side of the fencing or wall shall face the exterior property line. Fence posts shall be on the side of the fence facing the interior of the lot or parcel of land upon which the fence is constructed. Fences constructed of alternating boards on opposite sides of the supporting structure are considered as finished on both sides.

(h)

Maintenance, repair or removal of fences. Fences shall be maintained to retain their original appearance, shape and configuration. Any fence that deteriorates due to a lack of repair or type of construction shall be deemed a nuisance and shall be repaired or removed. The city shall notify the owner of the property on which such a fence is located and specify the time period in which required repairs shall be made or the fence shall be removed.

(i)

Fences enclosing public or institutional areas. Fences enclosing public or institutional parks, playgrounds or school yards shall be of open type, not exceeding six feet in height, except as required for recreational purposes, such as baseball backstops or similar purposes.

(j)

Garden fences. A garden fence is constructed to keep wildlife out of personal garden space. Special approval from the zoning administrator can be obtained for alternate building materials for this purpose. The garden fence must comply with all other applicable requirements of this section.

(k)

Increased heights for commercial and industrial fencing. The zoning administrator may authorize fence heights above six feet, but not greater than ten feet, for commercially and industrially zoned properties. If these properties are adjacent to residentially zoned properties, the request needs to be approved by the Planning Commission.

(l)

Decorative fences for front yards and corner lots. Fences placed in a front yard or in the side yard of a corner lot that abuts a street right-of-way shall be decorative in nature. Split rail and picket fences are examples of typical decorative fences. However, any fence that complies with the following requirements would be considered decorative.

(1)

Height. Decorative fences shall not exceed a height of three feet, measured from grade to the highest point of the fence.

(2)

Surface. Except as provided in division (F)(2)(b) of this section, decorative fences shall be constructed so that the surface of the fence shall be no more than 50 percent solid, so as to ensure adequate visibility at the right-of-way or property line.

(3)

Orientation. Decorative fences shall be installed with the structural members or framing directed inward toward the property.

(Code 1991, § 19-114; Ord. No. 83, § 6.14, 4-16-1984; Ord. No. 83.4, 2-15-1989; Ord. No. 149, § 1, 7-14-2025)

Any use carried on by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling. Such use shall be conducted entirely within the dwelling or accessory building, and shall not involve any alteration of structure or change the character thereof. Home occupations shall satisfy the following additional conditions:

(1)

The nonresidential use shall only be incidental to the primary residential use.

(2)

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

(3)

The home occupation shall not employ more than two persons, one of whom must reside on the premises.

(4)

The majority of all activities shall be carried on indoors. No visible outdoor storage shall be permitted.

(5)

There shall be no change in the exterior appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one announcement sign, not exceeding two square feet in area, nonilluminated, and mounted flat against the wall of the principal building.

(6)

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

(7)

The regulation of home occupations as provided herein is intended to secure flexibility in the application of the requirements of this chapter; but such flexibility is not intended to allow the essential residential character of residential districts, in terms of use and appearance, to be changed by the occurrence of nonresidential activities.

(8)

Limited retail sales may be permitted on the premises, as a part of or in conjunction with a home occupation.

(Code 1991, § 19-115; Ord. No. 83, § 6.15, 4-16-1984; Ord. No. 83.4, 2-15-1989)

State Law reference— Single-family residence; instruction in craft or fine art as home occupation, MCL 125.3204.

All setbacks shall be measured from the right-of-way of public streets whenever a lot line abuts a public street or from the lot line between lots in all other situations except where a body of water, or a stream or creek makes up a lot line, then the measurement shall be from the line of permanent vegetation.

(Code 1991, § 19-116; Ord. No. 83.4, 2-15-1989)