Whenever any provision of this Ordinance imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this Ordinance shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this Ordinance, then the provisions of such law or ordinance shall govern.

1.

Scope. No building or structure, or part thereof, shall hereafter be erected, constructed, used, reconstructed, altered or maintained, and no lot or land, or part thereof, shall hereafter be used or maintained and no new use made of any building, structure or land, or part thereof, except in conformity with the provisions of this Ordinance.

2.

Unlawful building. In case any building, or part thereof, is used, erected, occupied or altered contrary to law or the provisions of this Ordinance, such building shall be deemed an unlawful structure and a nuisance and may be required to be vacated, torn down or abated by any legal means, and shall not be used or occupied until it has been made to conform to the provisions of this Ordinance. Public expenditures toward abating such nuisance shall become a lien upon the land.

3.

Temporary building. No temporary building shall be erected unless a valid building permit exists for a permanent building or a new use of land on the same site. Any temporary building shall be removed from the site within 30 days of issuance of a certificate of occupancy. The approval of a temporary building may not exceed one year; however, the city commission, acting as the zoning board of appeals, may grant multiple extensions up to three months each for good cause shown, when the approval is due to expire.

4.

Building occupancy. No basement shall be used or occupied as a dwelling unit at any time, nor shall a dwelling be erected in a nonresidential district, except for the living quarters of a watchman, caretaker, or resident manager.

5.

Frontage on a public street. No building shall be erected on a lot unless said lot fronts upon a street or road that has been dedicated to the public. Multifamily developments, or commercial, office, or industrial centers need not front each such structure within the development upon publicly dedicated streets or roads, provided that adequate interior vehicular circulation and access can be assured in a site plan submitted for approval to the city.

6.

One lot, one building. In all districts, only one principal building shall be placed on a single lot of record, except as provided by section 7.2.

7.

A dwelling shall comply with the following standards:

a.

The minimum square footage requirements of this Ordinance for the district in which the dwelling is located;

b.

Have a minimum floor to ceiling height of 7.5 feet;

c.

Have a core living area of at least 20 feet by 20 feet within the principal portion of the building having exterior wall construction, excluding porches, breezeways, garages, etc. which are accessory to the dwelling;

d.

Have a minimum width across the front, side and rear elevations of at least 24 continuous feet of exterior wall;

e.

Be permanently attached to a solid foundation constructed on the site in accordance with the City Building Code, or in the case of manufactured homes, connected to piers constructed on the site in accordance with the City Building Code and any manufacturer's specifications;

f.

The dwelling shall be fully enclosed with a permanent wall around its perimeter extending from the footing or slab to the ground floor. The perimeter wall shall be constructed of such materials and type as required in the City Building Code for single-family dwellings;

g.

No exposed wheels, towing mechanisms, undercarriage, or chassis will be permitted. Any space that may exist between the foundation and the ground floor of the dwelling shall be fully enclosed by an extension of the foundation wall along the perimeter of the dwelling;

h.

Be connected to a public sewer and water supply or to such private facilities approved by the local health department;

i.

Contain permanently attached steps connected to exterior door areas or to porches connected to said door areas where a difference in elevation requires the same;

j.

Contain no additions or rooms or other areas which are not constructed with similar quality workmanship as the original dwelling, including an appropriate foundation and permanent attachment to the principal structure;

k.

Comply with all pertinent building and fire codes including, in the case of manufactured homes, the United States Department of Housing and Urban Development (HUD) standards set forth in the Manufactured Home Construction and Safety Standard Act of June 15, 1976, as amended. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations allow standards of construction which are less stringent than those imposed by the City Building Code, then and in that event, the less stringent federal or state standards or regulations will apply; and

l.

The foregoing standards shall not apply to a mobile home located in a licensed mobile home park.

(Ord. No. 220, Art. III, 6-21-21)

1.

Residential zones. In residential zones, after 25 percent of the lots and frontage on the side of the street on any block where the proposed improvement is contemplated have been improved by the erection on the residences thereon, if one-half or more of the residences built in any such block are of a certain type and style, the remainder of the residences built in any such block and to be constructed, altered, relocated, or repaired in such block shall be of a substantially similar type and style so that new or altered buildings will be in harmony with the character of the neighborhood. Nothing herein shall prevent the upgrading of any residential block by installing an exterior finish having fire or weather resistance which is greater than the minimum herein required or by constructing in such block a residence having floor area greater than the average area of residences in such block; provided, however, such type and style shall be such as not to impair or destroy property values in the block.

2.

Nonresidential zones. In any case where a building or accessory building in a nonresidential district is erected or placed within 200 feet of the front lot line of any parcel of land fronting upon any public street, the front walls of said building or accessory building within said distance of 200 feet shall be constructed of stone, face brick or other ornamental materials approved by the planning commission consistent with neighboring property, and no building so situated shall be constructed of tarred paper, tin, corrugated iron, or any form of pressed board or felt or similar material within the limits herein specified, nor shall any occupant of such premises be permitted to place open stock, scrap, or junk piles within said 200 feet unless the same shall be obscured from view from the street by the existence of a building, solid wall, earth berm, or evergreen screen sufficient to properly obscure the same from view from the street.

3.

Building completion period. All structures shall be completed within one year of the issue date of the building permit for such structure, unless an extension for not more than one additional year is granted for good cause by the building official. When a part of the building is ready for occupancy, a temporary occupancy permit may be issued, provided that the premises complies with health and fire standards required under this Ordinance, or any other ordinance, regulation, or statute.

4.

Personal construction authority. Nothing in this Ordinance shall be construed as prohibiting an owner, tenant, occupant, or land contract vendee from doing his or her own building, altering, plumbing, electrical installations, etc., provided the minimum requirements of the Electrical and Plumbing Codes of the State of Michigan, and the applicable County Health Department regulations are complied with.

1.

Intent. It is the intent of this Ordinance to permit existing, legal nonconforming lots, structures, or uses to continue until they are removed but not to encourage their survival.

It is recognized that there exists within the districts established by this Ordinance and subsequent amendments, lots, structures, and use of land and structures which were lawful before this Ordinance was passed or amended which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendments.

Such uses are declared by this Ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this Ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this Ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

2.

Nonconforming lots. In any single-family district, notwithstanding limitations imposed by other provisions of this Ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record which is under separate and distinct ownership from adjacent lots at the effective date of adoption or amendment of this Ordinance. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided, that yard dimensions and other requirements not involving area or width or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the zoning board of appeals.

3.

Nonconforming uses of land. Where, at the effective date of adoption or amendment of this Ordinance, lawful use of land exists that is made no longer permissible under the terms of this Ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

a.

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance.

b.

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Ordinance.

c.

If such nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this Ordinance for this district in which such land is located.

4.

Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

a.

No such structure may be enlarged or altered in a way which increases its nonconformity. For example, existing residences on lots of a width less than required herein may add a rear porch provided that other requirements relative to yard space and land coverage are met.

b.

Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost, exclusive of the foundation at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance.

c.

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for this district in which it is located after it is removed.

5.

Nonconforming uses of structures and land. If a lawful use of a structure, or of structure and land in combination exists at the effective date of adoption or amendment of this Ordinance, that would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

a.

No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

b.

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building.

c.

If no structural alterations are made, any nonconforming use of a structure, or structure and land in combination, may be changed to another nonconforming use of the same or more restricted classification provided that the zoning board of appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the zoning board of appeals may require conditions and safeguards in accord with the purpose and intent of this Ordinance. Where a nonconforming use of a structure, land, or structure and land in combination is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use.

d.

Any structure or structure and land in combination in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

e.

When a nonconforming use of structure, or structure and premises in combination, is discontinued or ceases to exist for six consecutive months or 18 months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses (one season out of each year) shall be excepted from this provision.

f.

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

6.

Repairs and maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 50 percent of the assessed value of the building provided that the cubic content of the building as it existed at the time of passage or amendment of this Ordinance shall not be increased.

Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

7.

Conditional use interpretation. Any conditional use as provided for in this Ordinance shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in such district.

8.

Change of tenancy or ownership. There may be a change of tenancy, ownership, or management of any existing nonconforming uses of land, structures and premises provided there is no change in the nature or character of such nonconforming uses.

9.

Acquisition. The city commission may acquire, by purchase, condemnation, or otherwise, private property or an interest in private property for the removal of nonconforming uses. The cost and expense, or a portion thereof, of acquiring the private property may be paid from general funds or assessed to a special district in accordance with the applicable statutory provisions relating to the creation and operation of special assessment districts for public improvements in cities. The elimination of the nonconforming uses and structures in a zoning district is declared to be for a public purpose and for a public use. The city commission may institute and prosecute proceedings for condemnation of nonconforming uses and structures under the power of eminent domain in accordance with Act 149 of the Public Acts of 1911, as amended, being sections 213.21 to 213.41 of the Michigan Compiled Laws or other applicable statute.

1.

Intent. Typically, various land use activities are provided for in one or more zoning districts. The criteria for such allocations is based upon similarities in the nature of uses and their relationship to other such uses and adjoining development. Zoning districts are also established to coordinate with and provide for the effectuation of the city's long-range development plan.

The city does, however, possess various existing specialized structures which have become functionally obsolete for their original purpose and whose redevelopment or conversion in conformance with the city comprehensive development plan would be unnecessarily burdensome. It is therefore, the intent of this section to set forth the basic qualifying criteria, project classification, development standards, and submittal requirements necessary to provide for the adaptive reuse of eligible properties within the city to support the local economic and employment base without adversely affecting the public health, safety, and welfare of the city as a whole.

2.

Qualifying criteria:

a.

The city commission shall approve the adaptive reuse of nonresidential buildings and uses. In qualifying a site for adaptive reuse, the city commission shall find the following conditions to exist:

(1)

The subject site is zoned in compliance with the city's comprehensive development plan;

(2)

The use can no longer be reasonably continued for its existing purpose by reason of market conditions or operational constraints (i.e., limited site size, floor area deficiencies, parking or loading area, etc.)

(3)

Site redevelopment in accordance with local development codes would be unnecessarily burdensome by reason of ordinance compliance (restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot) or cost; and

(4)

The subject site has frontage on, or direct access to, an improved major or secondary thoroughfare.

b.

The city commission may not grant adaptive reuse status to any property whose principal structures are found to be destroyed by any means to the extent of more than 50 percent of its replacement cost. Any subsequent use of such land shall conform to the regulations of the zoning district in which it is located.

3.

Data required:

a.

Application for adaptive reuse project as provided under the provisions of this Ordinance shall be made to the city clerk by filing an application form; submitting required data, exhibits, and information; and depositing the required fee as established by resolution of the city commission, and as may be amended from time-to-time. No portion of such fee shall be reimbursable to the applicant.

b.

An application shall contain the following:

(1)

Applicant's name, address, and telephone number.

(2)

Address and tax description number of the subject parcel.

(3)

A signed statement that the applicant is the owner of the subject parcel, or is acting as the owner's representative.

(4)

A certified survey drawing of the subject parcel.

(5)

Supporting statements, evidence, data, information and exhibits which address those qualifying criteria for assessing special condition use permit applications outlined in subsection 2., above.

4.

Public hearing requirements:

a.

Upon receipt of an application for an adaptive reuse project, the planning commission shall hold a public hearing, one notice of which shall be published not less than five nor more than 15 days prior to the public hearing date in a newspaper of general circulation in the city and sent by first class mail to the owners of the property for which an adaptive reuse project is being considered, to the owners of record of all real property and to the occupants of all structures located within 300 feet of the boundaries of the property in question. The notice shall:

(1)

Describe the nature of the adaptive reuse request.

(2)

Adequately describe the property in question.

(3)

State the date, time, and place of the public hearing.

(4)

Indicate when and where written comments concerning the request will be received.

5.

Project classification:

a.

Upon holding a public hearing, the planning commission shall determine whether the qualifying criteria have been met as set forth in paragraph 2. above.

The planning commission shall within 30 days of making such determination forward to the city commission its finding and recommendation.

b.

The city commission, upon receipt of the finding, may table action for purposes of further study or gaining additional information; deny the application for adaptive reuse upon finding that the criteria have not been met, or approve the application for adaptive reuse upon finding that the qualifying criteria have been met.

c.

If the applicant for adaptive reuse is approved, the city commission shall designate the applicant's property as either a Class I or Class II site.

(1)

Class I sites permit the conversion of institutional or business uses in residential zones. Properties may be redeveloped/converted to offices, multifamily developments, care facilities and similar uses deemed no more objectionable then the forementioned uses.

(2)

Class II sites permit the conversion of industrial uses in residential or commercial zones. Properties may be redeveloped/converted to any Class I purpose, business uses, as well as less intensive industrial development in areas zoned for business.

6.

Development standards:

a.

In areas meeting the above criteria, development standards may be modified by the planning commission upon finding adequate evidence that the proposed use:

(1)

Will be compatibly designed, constructed, and maintained with the existing and intended character of the vicinity;

(2)

Will not be hazardous or disturbing to existing or future neighboring uses;

(3)

Will be served adequately by essential public services and facilities or the agencies responsible for the establishment of the proposed use shall be able to adequately provide for such services; and,

(4)

Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive smoke, fumes, glare, noise, vibration, or odor.

b.

The planning commission may require such additional safeguards as deemed necessary for the protection of the general welfare and for insuring individual property rights and for insuring that the intent and objectives of this Ordinance will be observed.

7.

Site plan requirements:

a.

Site plan approval shall be required in accordance with section 13.1 of this Ordinance and all applicable ordinances.

(1)

The planning commission may, at its discretion, concurrently review the site plan at the time of its review of qualifying criteria.

Accessory buildings or structures, except as otherwise permitted in this Ordinance, shall be subject to the following regulations:

1.

Where the accessory building is structurally attached to a main building it shall be subject to, and must conform to, all regulations of this Ordinance applicable to the main building.

2.

Accessory buildings and structures shall not be erected in any side yard nor in any front yard.

3.

An accessory building shall not occupy more than 25 percent of a required rear yard.

4.

No detached accessory building shall be located closer than ten feet to any main building nor shall any accessory building or structure be located closer than three feet to any side or rear lot line.

5.

Height of accessory buildings:

a.

Detached accessory buildings and structures in residential districts.

(1)

A detached accessory building or structure shall not exceed one story or 15 feet in height.

(2)

The vertical exterior surface of a building, not forming part of the roof, shall not exceed a height of nine feet, measured from grade to the top plate of the wall.

b.

Detached accessory buildings and structures in nonresidential districts.

(1)

Detached accessory buildings or structures in all nonresidential districts may be constructed to equal the permitted maximum building height in said districts, subject to Board of Zoning Appeals review and approval, if the building or structure exceeds one story or 15 feet in height.

6.

When an accessory building is located on a corner lot, the lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building shall not project beyond the front yard setback required on the lot to the rear of such corner lot.

7.

When an accessory building in excess of 150 square feet in any residence, business, or office district is intended for other than the storage of private motor vehicles, the accessory use shall be subject to the approval of the zoning board of appeals.

8.

Household animal enclosures, dog runs, central air conditioning units, heat pumps, and other mechanical system components that could or are likely to produce noise, odors, and other nuisances, shall not be located adjacent to an adjoining property owner's sleeping area where windows and/or doors on the adjacent property would be exposed to the nuisance.

There shall be provided in all districts at the time of erection or enlargement of any main building or structure, automobile off-street parking space with adequate access to all spaces. The number of off-street parking spaces, in conjunction with all land or building uses shall be provided, prior to the issuance of a certificate of occupancy, as hereinafter prescribed.

1.

Off-street parking spaces may be located within a rear yard or within a nonrequired side yard unless otherwise provided in this Ordinance. Off-street parking, except in one-family residential districts, shall not be permitted within a front yard nor within a required side yard setback unless otherwise provided in this Ordinance. In one-family residential districts parking is allowed in the front yard but only on a designated and clearly delineated driveway, and shall not be on lawn or landscaped area.

2.

Off-street parking shall be on the same lot of the building it is intended to serve, except as may be otherwise provided for by this Ordinance.

3.

Required residential off-street parking spaces shall consist of a parking strip, parking bay, driveways, garage, or combination thereof and shall be located on the premises they are intended to serve, and also subject to the provisions of section 12.6, Accessory Buildings and Structures, for garages.

4.

Minimum required off-street parking spaces shall not be replaced by any other use unless and until equal parking facilities are provided elsewhere.

5.

Off-street parking existing at the effective date of this Ordinance, in connection with the operation of an existing building or use, shall not be reduced to an amount less than hereinafter required for a similar new building or new use.

6.

Two or more buildings or uses may collectively provide the required off-street parking in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately.

7.

In the instance of dual function of off-street parking spaces where operating hours of buildings do not overlap, the board of zoning appeals may grant an exception.

8.

The storage of merchandise, motor vehicles for sale, trucks, or the repair of vehicles is prohibited.

9.

For those uses not specifically mentioned, the requirements for off-street parking facilities shall be in accordance with a use which the planning commission considers is similar in type.

10.

When units or measurements determining the number of required parking spaces result in the requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one parking space.

11.

For the purpose of computing the number of parking spaces required, the definition of usable floor area shall govern, and be defined as that area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, hallways, or for utilities or sanitary facilities, shall be excluded from this computation. Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.

12.

The minimum number of off-street parking spaces by type of use shall be determined in accordance with the following schedule:

13.

Each parking lot that services a building entrance, except single and two-family residential or temporary structures, shall have a number of level parking spaces for the physically handicapped as set forth in the following table, and identified by above grade signs as reserved for physically handicapped persons.

Parking spaces for the physically handicapped shall be a minimum of 12 feet wide and must meet all other applicable requirements as to size as set forth in the building code.

14.

Off-street parking spaces provided for any use or site shall not exceed 125 percent of the minimum parking requirements of this section. This provision shall not apply to one-family and two-family dwelling units.

15.

The planning commission may approve a parking plan with more or fewer spaces than allowed/required in consideration of documentation from the applicant that the parking proposed on the site is sufficient to meet the parking needs of the patrons and employees of the proposed use.

(Ord. No. 228, Arts. V, VI, 8-5-24)

Whenever the off-street parking requirements in section 12.7 above require the building of an off-street parking facility, such off-street parking lots shall be laid out, constructed and maintained in accordance with the following standards and regulations.

1.

No parking lot shall be constructed unless and until a permit therefore is issued by the building official. Applications for a permit shall be submitted to the building department in such form as may be determined by the building official and shall be accompanied with two sets of site plans for the development and construction of the parking lot showing that the provisions of this section will be fully complied with.

In all districts, the entire parking area, including parking spaces, maneuvering lanes required under this section, and driveways, shall be provided with bituminous concrete or concrete surfacing in accordance with specifications approved by the city manager. Off-street paving areas shall be drained so as to dispose of all surface water accumulated in the paving area in such a way as to preclude drainage of water onto adjacent property or toward buildings.

2.

Plans for the layout of off-street parking facilities shall be in accordance with the following minimum requirements:

OFF-STREET PARKING LAYOUT REQUIREMENTS

3.

All maneuvering lane widths shall permit one-way traffic movement, except that the 90° pattern shall permit two-way movement.

4.

All spaces shall be provided adequate access by means of maneuvering lanes. Backing directly onto a street shall be prohibited.

5.

Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for all vehicles. Ingress and egress to a parking lot lying in an area zoned for other than single-family residential use shall not be across land zoned for single-family residential use.

6.

Each entrance and exit to and from any off-street parking lot located in an area zoned for other than single-family residential use shall be at least 25 feet distant from adjacent property located in any single-family residential district.

7.

A wall shall be provided on all sides of the off-street parking area abutting or adjacent to a residential district. The obscuring wall shall not be less than four feet six inches (4′6″) in height measured from the surface of the parking area.

All land between the required obscuring wall and the front property line or street right-of-way line shall be kept free from refuse and debris and shall be landscaped with deciduous shrubs, evergreen material and ornamental trees. The ground area shall be planted and kept in lawn. All such landscaping and planting shall be maintained in a healthy, growing condition, neat and orderly in appearance.

The planning commission, upon application by the property owner of the off-street parking area, may waive or modify the wall requirement by approving either an earth berm or evergreen screen in its place. The planning commission may also waive the wall requirement if in specific cases where cause can be shown that no good purpose would be served by compliance with the requirements of this section.

8.

All lighting used to illuminate any off-street parking area shall be so installed as to be confined within and directed onto the parking area only.

9.

In all cases where a wall extends to an alley which is a means of ingress and egress to an off-street parking area, it shall be permissible to end the wall not more than ten feet from such alley line in order to permit a wider means of access to the parking area.

10.

Parking aisles shall not exceed 300 feet without a break in circulation.

11.

Except for those serving single- and two-family dwellings, all parking lots shall be provided with wheel stops or bumper guards so located that no part of parked vehicles will extend beyond the property line or into required landscaped areas or pedestrianways.

12.

No parking lot shall have more than one attendant shelter building. All shelter buildings shall conform to setback requirements for structures in the district in which it is located.

13.

All developments shall be designed to accommodate bicycle travel, including the provision of bike racks. All parking structures and parking lots for commercial, recreational and institutional uses shall include sufficient bike racks to allow the parking of a minimum of one bike for every ten parking spaces or one bike for every 3,000 square feet of building floor area, whichever is greater.

(Ord. No. 228, Art. VII, 8-5-24)

Off-street parking areas shall be landscaped as follows:

1.

In off-street parking areas containing 20 or more parking spaces, an area equal to at least five percent of the total parking area shall be used for interior landscaping. Whenever possible, parking lot landscaping shall be arranged to improve the safety of pedestrian and vehicular traffic, guide traffic movement, and improve the appearance of the parking area, through the even distribution of the landscape effort across the total off-street parking area, rather than to concentrate all effort in one location.

2.

Parking lot landscaping shall be not less than five feet in any single dimension and not less than 150 square feet in any single island area. Not more than two landscaped units of 150 square feet may be combined in plans designed to meet the minimum requirements.

3.

The landscape plan shall designate the sizes, quantities, and types of plant material to be used in parking lot landscaping.

4.

Required landscaping elsewhere on the parcel shall not be counted in meeting the parking lot landscaping requirements.

5.

A minimum of one deciduous tree shall be planted in each landscaped area.

Required parking for a development may be located off-site under certain circumstances. Requests for off-site parking must meet the following requirements:

1.

Residential uses. Parking facilities accessory to dwelling units shall be located on the same zoning lot as the use served. Spaces accessory to uses other than dwellings (such as churches) may be located on a lot adjacent to or directly across a street or alley from the lot occupied by the use served; but in no case at a distance in excess of 300 feet from such zoning lot.

2.

Nonresidential uses. Parking facilities accessory to nonresidential uses may be located on other than the same zoning lot as the use served (off-site). All required parking spaces shall be within 500 feet of such zoning lot. No parking spaces accessory to a use in a business or industrial district shall be located in a residential district, unless authorized by the planning commission.

3.

Agreement required. A written agreement shall be drawn to the satisfaction of the city attorney and executed by all parties concerned assuring the continued availability of the off-site parking facilities for the use they are intended to serve.

The provisions and requirements as set forth in sections 12.7 and 12.10, above shall apply to all areas within the city except as modified by this section. The city recognizes that special provisions should be considered for the downtown area including the reduction of required parking spaces due to the availability of public parking. To this end:

1.

Portions of the City of Parchment shall be contained within areas described as special parking districts as established by the city commission with recommendation from the planning commission.

2.

The boundaries of areas classified as special parking districts are hereby established as shown on the Zoning Map [on file in the office of the city clerk]. Where uncertainty exists with respect to the boundaries of the special parking districts as shown on the Zoning Districts Map [on file in the office of the city clerk] the rules as set forth in section 3.3 shall apply.

3.

The number of off-street parking spaces and the size of loading and unloading areas required for any new use, expanded or intensified use of property located within, or partially within a special parking district shall be determined as set forth in sections 12.7 and 12.12 except as herein provided for:

a.

Off-street parking. The determination of parking needs within a special parking district shall be based upon the standards specified below. For those uses not specified an adjustment may be made by the city commission, following planning commission recommendation, when it is found that a reduction from the standards set forth in section 12.7 would not adversely affect the retail, office and ancillary service facilities forming the commercial nucleus of these older core business areas. In this latter regard primary consideration shall be given to uses which are generally the object of special purpose trips and thereby have little or no interrelation with those business activities in the core business areas. The following standards reflect the gross floor area(s) actively used in day-to-day operations and shall exclude only vacant space and storage areas.

(1)

Retail stores except as otherwise specified. One for each 350 square feet of gross floor area.

(2)

Furniture and appliance stores. One for each 1,800 square feet of gross floor area.

(3)

Business and professional offices except as otherwise specified. One for each 500 square feet of gross floor area.

(4)

Medical and dental offices. One for each 175 square feet of gross floor area.

(5)

Banks (excluding drive-in stations). One for each 250 square feet of gross floor area.

(6)

Establishments offering food, beverages, or refreshments for sale and consumption on the premises. One for each 100 square feet of gross floor area.

(7)

Apartments. One for each dwelling unit plus one-quarter for each bedroom.

b.

Off-street loading. The planning commission shall have the right to modify or waive the requirement for off-street loading areas as specified in section 12.12. Any such modification or waiver shall be based upon a review of a site plan and/or the surrounding area and a determination that there is satisfactory loading space serving the building or that the provision of such loading space is physically and/or functionally impractical to provide.

4.

The owner or owners of the said new or expanded use may make application to the city clerk for the option of paying a dollar amount established by resolution of the city commission per required parking space and loading and unloading space in lieu of providing said required spaces as per the provisions and requirements set forth in sections 12.7 and 12.12, of this Ordinance. These monies would be paid in to the special parking district fund established by the city commission specifically for the purpose of constructing and improving off-street parking areas to serve uses located within the special parking districts. The timing of parking spaces provided and their location shall be at the sole discretion of the city commission.

5.

The amount paid into the parking fund described above shall not apply against any present or future special assessments levied by the city for parking improvements.

6.

This exception may only be granted by the city commission. Granting of the exception shall be based upon evidence presented by the property owner or owners showing that the reasonable ability to provide any or all of the required parking spaces and/or loading and unloading areas as required in sections 12.7 and 12.12, does not exist.

7.

A property owner or owners granted the exception of contributing to the parking fund will not receive an occupancy permit until said monies have been paid into said fund in full.

8.

The provisions of this section also apply to any change in use of property located within a special parking district that would require parking spaces in excess of those required for the previous use.

On the same premises with every building, structure, or part thereof, involving the receipt or distribution of vehicles or materials or merchandise, there shall be provided and maintained on the lot, adequate space for standing, loading, and unloading in order to avoid undue interference with public use of dedicated rights-of-way. Such space shall be provided as follows:

1.

All loading spaces shall be in addition to the off-street parking area access drive, and maneuvering lane requirements.

2.

Off-street loading space shall have a clearance of 14 feet in height.

3.

Off-street loading space may be completely enclosed within a building, or may occupy a portion of the site outside of the building, provided that where any portion of a loading space is open to public view, said space shall be screened in accordance with section 12.22, Screening Walls.

4.

All loading and unloading in the industrial district shall be provided off-street in the rear yard or interior side yard, and shall in no instance be permitted in a front yard. In those instances where exterior side yards have a common relationship with an industrial district across a public thoroughfare, loading and unloading may take place in said exterior side yard when the setback is equal to at least 50 feet.

1.

Intent. The regulations set forth in this section are intended to prevent the storage or accumulation of unusable, inoperable, or unsightly motor vehicles, machinery, or building materials that could be hazardous to the safety of children, encourage the propagation of rats or rodents, or detract from the orderly appearance of the city.

2.

General requirements:

a.

Motor vehicle parking and storage. No motor vehicle shall be kept, parked or stored in any district zoned for residential use, unless the vehicle is in operating condition and properly licensed or is kept inside a building.

b.

Machinery and building materials storage. Unusable or inoperable machinery, equipment, or machines and/or equipment parts of machines or equipment not intended for use upon the premises, or old and/or used building materials shall not be kept or stored outside of a building. However, the temporary storage of building materials intended to be used to improve the premises may be stored outside if piled off the ground so as not to become a suitable environment for rats or rodents. The temporary storage of building materials to be used for the purpose of new construction shall also be permitted. In no case shall usable or unusable machinery, building materials, or other items be stored on a permanent basis in a truck trailer or other type of trailer, with or without its wheels.

c.

Restrictions on parking on non-residential property. No motor vehicle, commercial vehicle, trailer or recreational equipment shall be parked or permitted to stand on non-residential property except where the owner or operator of the motor vehicle, commercial vehicle, trailer or recreational equipment owns or leases the premises and the motor vehicle, commercial vehicle or trailer is regularly used in the operation of the business being operated on the premises.

(Ord. No. 185, § II, 11-22-05)

1.

Parking of personal motor vehicles on property being used as residential outside a building is permitted only in the front yard or in the rear yard that abuts a public street provided that such motor vehicles may only be parked on an improved driveway, parking strip or apron and not on a lawn or other area of a yard.

2.

On property being used as residential, there shall be no parking or storage of commercial vehicles, commercial trailers or recreational equipment outside a garage or wholly enclosed building within the front yard for more than 96 hours within any 30-day period. Such commercial vehicles, commercial trailers, commercial equipment or recreational equipment may only be parked on an improved driveway, parking strip or apron and not on a lawn or other area of a front yard.

3.

A combination of not more than any two of the following items may be kept or stored for an indefinite period of time in the rear yard of a single- or two-family lot:

• Recreational vehicles;

• Campers, travel trailers, fifth wheel trailers, motor homes;

• Boats, boat trailers and/or boat recreational units;

• Snowmobiles, snowmobile trailers and/or snowmobile recreational units;

• ATVs, ATV trailers and/or ATV recreational units;

• Personal watercraft, personal watercraft trailers and/or personal watercraft units;

• Motorcycles, motorcycle trailers and/or motorcycle recreational units;

• Utility trailers, commercial or personal;

• Specialty trailers;

• Motor vehicles (autos, SUVs, pickup trucks, etc., not in daily use).

Provided:

• Such vehicles are properly licensed for use within the State of Michigan.

• Such vehicles are in operable condition.

• Such vehicles shall not exceed 8 feet 6 inches in width, 12 feet 6 inches in height and 30 feet in length.

• Such vehicles shall be subject to a three-foot set back from all side and rear lot lines.

4.

On lots where the side or rear yard front a public street, items permitted to be kept or stored under subsection 12.14(3) shall comply with the requirements of subsection 12.14(3) and shall also be shielded from public view by solid or semi-solid fencing, evergreen shrubbery, a natural hedge or a combination thereof. The length and width of the shielding materials shall equal or exceed the length and width of the stored items and shall be in conformance with sections 12.22 and 12.23 of this ordinance.

5.

Parking or storage of commercial vehicles, commercial trailers or commercial equipment in the rear or side yard is prohibited.

6.

Open storage of partially disassembled motor vehicles, trailers, recreational equipment or component parts thereof is prohibited.

7.

A recreational vehicle, travel trailer, motor home or camper parked or stored on a residential lot shall not be connected to sanitary facilities and shall not be used for living, lodging or housing purposes.

8.

For the purposes of this section, a bus shall be considered a commercial vehicle except for school buses when parked or stored at a school and church buses owned and leased by churches which are parked in a church parking lot.

9.

A commercial vehicle used by a provider of residential services may be parked at the serviced residence as necessary during the period of time that the services are being provided and will be specifically excluded from the provisions of this ordinance affecting commercial vehicles.

(Ord. No. 186, § II, 4-17-06; Ord. No. 194, arts. I, II, 11-1-10)

Home occupations, garage sales and yard sales are permitted, subject to the following requirements:

1.

A home occupation shall be conducted entirely within a residential building.

2.

Only persons residing on the premises shall be engaged in the home occupation, except where a home occupation involving other persons is authorized by the planning commission as a special use.

3.

The use of a dwelling for a home occupation shall be secondary and incidental to its use for residential purposes.

4.

Not more than 25 percent of the dwelling unit, exclusive of unfinished attics, attached garages, breezeways, and enclosed or unenclosed porches, shall be used for purposes of the home occupation.

5.

There shall be no change in the outside appearance of the structure or premises, or other visible evidence of the conduct of such home occupation.

6.

The outdoor storage of goods and materials shall be prohibited. No interior display shall be visible from the exterior of a dwelling unit used for purposes of a home occupation.

7.

No more than one home occupation per dwelling unit shall be permitted.

8.

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

9.

All electrical motors and equipment used in the conduct of the home occupation shall be shielded so as not to cause radio or television interference for adjoining properties. Any mechanical equipment shall be not substantially different from that normally used for household purposes and hobbies.

10.

Garage and yard sales shall only offer privately-owned articles and shall not include merchandise purchased for or a commission paid for resale. (Such sales are commercial "flea markets.")

11.

A single dwelling unit shall not have more than two sales per year and each sale shall not be more than three days in length.

12.

A dwelling unit shall have not more than one sign advertizing the home occupation or garage or yard sale. A sign advertizing a home occupation shall not exceed one square foot and shall be attached to the building. A garage sale or yard sale may be advertized by means of a temporary sign not exceeding four square feet; said sign shall not be erected more than 24 hours in advance of the sale and must be removed at the conclusion of the sale. All signs on public property shall comply with the provisions of section 42-1 of the City Code of the City of Parchment.

Any dwelling unit used for bed and breakfast operation shall comply with the following requirements:

1.

Not more than 25 percent of the total floor area shall be used for bed and breakfast sleeping rooms.

2.

There shall be no separate cooking facilities used for the bed and breakfast stay.

3.

Occupancy by guests shall be restricted from one to seven days.

4.

One additional parking space shall be provided for each guest room, on-site; further, said parking shall not be permitted within a required front yard.

For uses making reference to this section, vehicular access shall be provided only to an existing or planned major thoroughfare, freeway service drive, or collector street. Provided, however, that access driveways may be permitted to other than a major thoroughfare, freeway service drive, or collector street where such access is provided to a street where the property directly across the street between the driveway and the major thoroughfare, freeway service drive, or collector street is zoned for multiple-family use or any nonresidential uses, is developed with permanent uses other than single-family residences or is an area which, in the opinion of the planning commission, will be used for other than single-family purposes in the future. This exception shall apply only if the planning commission finds that there are special circumstances which indicate that there will be a substantial improvement in traffic safety by reducing the number of driveways to a thoroughfare.

In all residential districts, so called entranceway structures including, but not limited to, walls, columns, and gates marking entrances to single-family subdivisions or multiple housing projects may be permitted and may be located in a required yard, except as provided in sections 12.22 and 12.23; provided, that such entranceway structures shall comply to all codes of the municipality and shall be approved by the building official and a permit issued.

Except as may otherwise be provided in the Ordinance, no fence, wall, shrubbery, sign, or other obstruction to vision above a height of two feet from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines at a distance along each line of 25 feet from their point of intersection.

1.

Intent. Landscaping, greenbelts, and screening are necessary for the protection and enhancement of the environment and for the continued vitality of all land uses in the city. Landscaping and greenbelts are capable of enhancing the visual environment, preserving natural features, improving property values, and alleviating the impact of noise, traffic, and visual disruption related to intensive uses. The purpose of this section is to set minimum standards for the protection and enhancement of the environment through requirements for the design and use of landscaping, greenbelts, and screening.

2.

Scope of application. The requirements set forth in this section shall apply to all uses, lots, sites, and parcels which are developed or expanded following the effective date of this Ordinance. No site plan shall be approved unless said site plan shows landscaping consistent with the provisions of this section. Furthermore, where landscaping is required, a building permit shall not be issued until the required landscape plan is submitted and approved, and a certificate of occupancy shall not be issued unless provisions set forth in this section have been met or a performance bond has been posted in accordance with the provisions set forth in section 13.7.

In cases where the use of an existing building changes or an existing building is changed or otherwise altered or reoccupied, all of the standards set forth herein shall be met.

The requirements of this section are minimum requirements, and nothing herein shall preclude a developer and the city from agreeing to more extensive landscaping.

3.

Landscaping design standards. Except as otherwise specified in the general requirements for each zoning district, all landscaping shall conform to the following standards:

a.

General landscaping. All portions of the lot or parcel area not covered by buildings, paving, or other impervious surfaces, shall be landscaped with vegetative ground cover and other ornamental materials as required below, except where specific landscape elements, such as a greenbelt, berm, or screening are required:

(1)

All portions of the landscaped area shall be planted with grass, ground cover, shrubbery, or other suitable plant material, except that paved patios, terraces, sidewalks and similar site features may be incorporated with planning commission approval.

(2)

A mixture of evergreen and deciduous trees shall be planted at the rate of one tree for each 1,000 square feet or portion thereof of landscaped open-space area.

(3)

Required trees and shrubs may be planted at uniform intervals, at random, or in groupings.

(4)

On sites which are two acres or larger in size, the landscaped area shall include a greenbelt of a minimum ten-foot width, located and continually maintained along a public right-of-way.

(5)

In consideration of the overall design and impact of the landscape plan, the planning commission may reduce or waive the requirements outlined herein for general landscaping, or for landscaping in greenbelt areas, on berms, or as part of a screen, provided that any such adjustment is in keeping with the intent of the Ordinance, and more specifically, with the intent of section 12.3.

(6)

The total landscaped area shall be the basis for determining the required number of trees or shrubs, irrespective of the portion which is devoted to patios, terraces, sidewalks, or other site features.

b.

Greenbelt buffer. Where required, greenbelts and greenbelt buffers shall conform to the following standards:

(1)

A required greenbelt or greenbelt buffer may be interrupted only to provide for roads or driveways for vehicular access.

(2)

Grass, ground cover, or other suitable live plant material shall be planted over the entire greenbelt area, except that paving may be used in areas of intensive pedestrian circulation.

(3)

A minimum of one deciduous tree or evergreen tree shall be planted for each 30 lineal feet or portion thereof of required greenbelt length. Required trees shall be at least five feet tall and may be planted at uniform intervals, at random, or in groupings.

(4)

For each 50 linear feet or portion thereof of required greenbelt length, at least one ornamental spring flowering tree at least five feet in height shall be installed and maintained.

(5)

Two 18-inch high or wide shrubs shall be required for each 15 linear feet of greenbelt area. Required shrubs may be planted at uniform intervals, at random, or in groupings.

(6)

For the purpose of determining required plant material, required greenbelt area length shall be measured along the exterior periphery of the greenbelt area inclusive of all driveways.

c.

Berms. Where required, earth berms or landscaped berms shall conform to the following standards:

(1)

The berm shall be at least three feet above the grade elevation, and shall be constructed with slopes no steeper than one foot vertical for each three feet horizontal. For the purposes of this provision, grade elevation shall be the ground elevation at the property line adjacent to the proposed berm.

(2)

The berm area shall be planted with grass or other suitable ground cover to ensure that it withstands wind and weather and retains its height and shape.

(3)

A minimum of one deciduous or evergreen tree shall be planted for each 30 linear feet or portion of required berm.

(4)

Eight shrubs per tree may be planted as substitute for trees (see item (3) above).

(5)

Required trees and shrubs may be planted at uniform intervals, at random, or in groupings.

(6)

For the purpose of determining required plant material, required berm length shall be measured along the exterior periphery of the berm.

d.

Evergreen screening. Where required, evergreen screening shall consist of closely-spaced plantings which form a visual barrier that is at least eight feet above ground level within five years of planting.

e.

Landscaping of rights-of-way and other adjacent public open-space areas. Public rights-of-way and other public open-space areas adjacent to required landscaped areas and greenbelts shall be planted with grass or other suitable ground cover and maintained by the owner of the adjacent property as if they were part of required landscaped areas and greenbelts.

f.

Regulations pertaining to landscaping areas used for sight distance. When a driveway intersects a public right-of-way or when the subject property abuts the intersection of public rights-of-way, all landscaping within the corner triangular areas described below shall permit unobstructed cross-visibility. Shrubs located in the triangular area shall not be permitted to grow to a height of more than two feet above the pavement grade at the edge of the pavement. Portions of required berms located within sight distance triangular areas shall also not exceed a height of two feet above the pavement grade at the edge of the pavement. Trees may be maintained in this area provided that all branches are trimmed to maintain a clear vision for a vertical height of eight feet above the roadway surface. Landscaping, except grass or ground cover, shall not be located closer than three feet from the edge of a driveway.

The triangular areas referred to above are:

(1)

The area formed at the corner intersection of a public right-of-way and a driveway, two sides of the triangle area being ten feet in length measured along the right-of-way line and driveway line and the third side being a line connecting these two sides.

(2)

The area formed at a corner intersection of two public rights-of-way lines, the two sides of the triangular area being 25 feet in length measured along the abutting public rights-of-way lines and the third side being a line connecting these two sides.

g.

Maintenance of landscaping. All required landscape areas shall be planted and maintained with living plant materials. All landscaping which is located more than 50 feet from a building site shall have an irrigation (water sprinkler) system installed to assist in maintaining plant materials in a healthy condition. Failure to maintain required landscaped areas, including the removal and replacement of dead or diseased plant materials, shall constitute a violation of this Ordinance.

Whenever in this Ordinance planting is required, it shall be planted within six months from the date of completion of the building or improvement, and shall thereafter be reasonably maintained with permanent plant materials. Plastic and other nonorganic, nonliving plant materials shall be prohibited from use and shall not be in compliance with the spirit and intent of this Ordinance.

1.

Plant material spacing:

a.

Plant materials shall not be placed closer than four feet from the fence line or property line except that shrubs may be planted no closer than two feet from the fence or property line.

b.

Where plant materials are planted in two or more rows, plantings shall be staggered in rows.

c.

Evergreen trees shall be planted not more than 30 feet on centers.

d.

Narrow evergreens shall be planted not more than three feet on centers.

e.

Deciduous trees shall be planted not more than 30 feet on centers.

f.

Tree-like shrubs shall be planted not more than ten feet on centers.

g.

Large deciduous shrubs shall be planted not more than four feet on centers.

2.

Suggested plant materials; minimum size:

a.

Evergreen trees; six feet in height:

(1)

Hemlock.

(2)

Fir.

(3)

Pine.

(4)

Spruce.

(5)

Douglas-Fir.

b.

Narrow evergreens; four feet in height:

(1)

>Column Honoki Cypress.

(2)

Blue Columnar Chinese Juniper.

(3)

Pyramidal Red-Cedar.

(4)

Irish Yew.

(5)

Douglas Arborvitae.

(6)

Columnar Giant Arborvitae.

c.

Tree-like shrubs; six feet in height:

(1)

Flowering Crab.

(2)

Russian Olive.

(3)

Mountain Ash.

(4)

Dogwood.

(5)

Redbud.

(6)

Rose of Sharon.

(7)

Hornbeam.

(8)

Hawthorn.

(9)

Magnolia.

d.

Large deciduous shrubs; four feet in height:

(1)

Honeysuckle.

(2)

Viburnum.

(3)

Mock-Orange.

(4)

Forsythia.

(5)

Lilac.

(6)

Cotoneaster.

(7)

Hazelnut.

(8)

Euonymus.

(9)

Privet.

(10)

Buckthorn.

(11)

Sumac.

e.

Deciduous trees; two- to three-inch caliper:

(1)

Oaks.

(2)

Hard Maple.

(3)

Hackberry.

(4)

Birch.

(5)

Planetree (Sycamore).

(6)

Ginkgo (male).

(7)

Beech.

(8)

Sweet-Gum.

(9)

Honeylocust.

(10)

Hop Hornbeam.

(11)

Linden.

3.

Trees not permitted:

a.

Box Elder.

b.

Soft Maples (Red-Silver).

c.

Slippery Elms.

d.

Poplars.

e.

Willows.

f.

Horse Chestnut (nut-bearing).

g.

Tree of Heaven.

h.

Catalpa.

i.

Ginkgo (female).

4.

Existing plant materials: In instances where healthy plant material exists on a site prior to its development, the building official may adjust the application of the above standards to allow credit for such plant material if such an adjustment is in keeping with, and will preserve, the intent of this section.

All existing plant materials must first be inspected by the building official to determine the health and desirability of such materials. In the event plant materials are to be saved, prior approval must be obtained from the building official before any delimbing, root pruning, or other work is done.

If such existing plant material is labeled "To Be Saved" on site plans, protective techniques, such as (but not limited to) fencing placed at the dripline around the perimeter of the plant material, shall be installed. No vehicle or other construction equipment shall be parked or stored within the dripline of any plant material intended to be saved.

In the event that healthy trees labeled "To Be Saved" on the approved site plan are destroyed or damaged, as determined by the Building Official, the owner, developer or contractor shall replace said trees with trees of comparable type.

1.

For the use districts and uses listed below, there shall be provided and maintained on those sides abutting or adjacent to a single or two-family residential district, an obscuring wall. The height of the wall shall be measured from the surface of the parking area or land on the nonresidential side of the wall:

2.

In the case of the variable wall height requirement in subsection d. above, the extent of obscuring wall shall be determined by the planning commission on the basis of land usage, provided further that no wall or fence shall be less than the above required minimum, nor greater than the above required maximum height.

3.

Required walls shall be located on the lot line except where underground utilities interfere and except in instances where this Ordinance requires conformance with yard setback lines. Upon review of the site plan, the planning commission may approve an alternate location for the wall, or may modify the wall requirement by approving either an earth berm or evergreen screen in its place. The planning commission may also waive the wall requirement if in specific cases where cause can be shown that no good purpose would be served by the screening requirement.

4.

Required walls shall have no openings for vehicular traffic or other purposes, except as otherwise provided in this Ordinance and except such openings as may be approved by the planning commission. All walls herein required shall be constructed of materials approved by the building official to be durable, weather resistant, and easily maintained.

5.

The requirement for an obscuring wall between off-street parking areas, outdoor storage areas, and any abutting residential district shall not be required when such areas are located more than 200 feet distant from abutting residential district(s).

1.

Scope. The installation, erection, and/or maintenance of a fence is hereby prohibited except in strict compliance with this Ordinance. A permit to be issued by the city clerk shall be obtained prior to installation or erection of any fence within the corporate limits of the City of Parchment. Application shall be made upon a form provided by the building department and shall require such information as may be required by the city clerk. All applications for a fence permit shall be accompanied by a filing fee as may be established by city commission resolution.

2.

Calculation of fence height. The height of the fence shall be computed as the distance from the base of the fence at normal grade to the top of the highest component of the fence.

3.

Design requirements:

a.

Residential fences. All fences in residential zones or used for residential purposes shall be of an ornamental type. Fences in front yards of residential areas shall be constructed of decorative materials and not be constructed of wire, chain link, chicken wire, or other type wire. Height of fences shall not exceed 30 inches in front yards, six feet in side yards, and six feet in rear yards.

b.

Business, office, or commercial fences. All fences in areas zoned or used for business, office, or commercial purposes shall be of an ornamental type, and shall not be more than six feet, in height above grade level.

c.

Industrial fences. All fences in areas zoned or used for industrial purposes shall not exceed 12 feet in height above grade level.

d.

Fences separating single- or two-family residential property from multiple-family residential property. Areas zoned or used for multiple family residential purposes, with five to 16 total number of units, which abut single- or two-family property, shall have erected upon said adjoining property line, a fence or an ornamental type, to be six feet in height above grade level.

e.

Fences for parks, schools, public buildings, etc. The height and type of fences enclosing municipal parks, public and parochial school grounds, public building and church grounds or land used for playgrounds, parks, picnic groves, golf courses, golf driving ranges or similar facilities for outdoor exercise and recreation shall require the approval of the city commission after receiving the recommendation of the building department.

f.

Fences required for swimming pools and ponds. For the protection of the general public, any swimming pool, reflector pool, fish pond, lily pond, or artificially constructed body of water which contains 18 inches or more of water in depth at any point shall be enclosed by a fence not less than four feet in height above grade level. The gate(s) shall be of a self-closing and latching type, with the latch on the inside of the gate not readily accessible for children to open. Gates shall be capable of being securely locked when the pool is not in use for extended periods; provided, however, that if the entire premises is enclosed with a fence of not less than four feet in height above grade level, this provision may be waived by the building department.

4.

Material specifications:

a.

Fences shall be constructed of wood, metal, or masonry, and other acceptable materials, excluding plastic, interwoven or weaved designs. Only new material shall be used which has been manufactured and/or treated in a manner to prevent rust and corrosion, and/or rot and decay. All posts shall be sunk in the soil to a depth of at least three feet. The decorative side of the fence of a one-sided fence shall face the abutting property.

b.

No person shall erect or cause to be erected a fence which is:

(1)

Made with or upon which is fixed barbed wire; or

(2)

Has any protective spike, nail, or sharp pointed object; or

(3)

Charged with electric current;

Provided, however, that a fence in an industrial area may be erected with barbed wire on arms or brackets extending inward over such property upon application and approval by city commission.

5.

Location:

a.

All fences must be located at least one foot from the property line in side and rear yards unless the adjoining property owner(s) consents in writing prior to construction that the fence may be placed while on the property line. Such written consent shall be filed with the application for a fence permit.

b.

In no case shall a fence in a side or front yard be an visual obstruction to vehicular traffic, and shall be in accordance with section 12.19, entitled "Corner Clearance," of this Ordinance.

6.

Maintenance of nuisance. Fences must be maintained in a neat and safe condition, so as not to endanger life or property. Any fence which, through lack of repair, type of construction or otherwise, endangers life or property is hereby deemed a nuisance. The building department shall notify the owner, agent, or person in control of the property on which such fence is located of the existence of such nuisance and specify the required repairs or modifications to be made to render the fence safe or require that the unsafe fence or any portion thereof to be removed and shall provide a time limiting such repairs, modification, or removal.

7.

Existing fences:

a.

Fences presently in existence shall not be enlarged, rebuilt, or reconstructed without first having obtained a permit therefor from the building department. Such fences, when repaired or replaced, shall conform with all provisions of this Ordinance.

b.

Any newly rezoned property shall comply with all fence requirements for the newly zoned district.

c.

Areas zoned or used for multiple-family residential purposes, with 17 or more total number of units shall comply with section 13.2 upon a change in the nature of the property rights in the individual units, such as, rental apartments to condominiums, cooperatives, or townhouses to rentals or condominiums, or any similar type of change.

(Ord. No. 159, 8-19-96; Ord. No. 168, Arts. I, II, 3-1-99)

1.

In all areas except one-family residential districts, for each lot or use there shall be provided an outdoor trash storage area. Any such area shall be limited to normal refuse which is collected on a regular basis and shall be maintained in a neat, orderly and sanitary condition. The requirement for such a trash storage area may be waived by the planning commission upon a finding that it is unnecessary due to the nature of the use, or owing to provisions for indoor trash storage.

2.

In no instance shall any such refuse be visible above the required screening.

3.

A screening wall, fence, or hedge in accordance with section 12.21 of this Ordinance of six feet in height shall enclose three sides of the storage area. Bollards and/or other protective devices shall be installed at the opening and to the rear of any storage area to prevent damage to the screening walls. The surface under any such storage area shall be constructed of concrete which complies with local building requirements.

4.

Any such storage area shall be located in a rear yard and/or be so located and arranged as to minimize its visibility from adjacent streets and uses. The planning commission may require an obscuring gate when the visibility of such a storage area, from a public street or adjacent use, is deemed to render an adverse influence. In no instance shall any such area be located in a front yard.

5.

All trash storage areas and/or enclosures shall be located a minimum of ten feet from any building or structure.

1.

All outdoor lighting in all use districts other than residential shall be shielded so the surface of the source of the light shall not be visible from all adjacent residential districts, adjacent residences, and public rights-of-way.

2.

Illumination guidelines shall be in accordance with the following standards:

a.

Street iillumination. Standards for the illumination for streets and other public rights-of-way within the city shall be in conformance with standards as specified by the city manager. Illumination levels shall be so established as to provide proper protection for the health and safety of pedestrians and vehicular traffic.

b.

Parking illumination:

High activity. Examples include major-league athletic events, major cultural or civic events, regional shopping centers, and fast food facilities.

Medium activity. Examples include community shopping centers, office parks, hospital parking areas, transportation parking (airports, etc.), cultural, civic or recreational events, and residential complex parking.

Low activity. Examples include neighborhood shopping, industrial employee parking, educational facility parking, and church parking.

3.

All illumination shall not be of a flashing, moving, or intermittent type other than used in connection with a sign for the conveyance of noncommercial information which requires periodic change, such as time, temperature, or stock average.

4.

All illumination shall be constant in intensity and color at all times when in use.

1.

No operation or activity shall be carried out in any district which causes or creates measurable noise levels exceeding the maximum sound pressure levels prescribed below, as measured on or beyond the boundary lines of the parcel on which the use is situated.

MAXIMUM PERMITTED SOUND PRESSURE LEVELS IN DECIBELS

MAXIMUM PERMITTED SOUND PRESSURE LEVELS IN DECIBELS
(POST 1960 PREFERRED FREQUENCIES)

2.

Sounds of very short duration, which cannot be measured accurately with the sound level meter, shall be measured by an impact noise analyzer; and the measurements so obtained may be permitted to exceed the maximum levels provided in the tables shown by no more than ten decibels. For purposes of this Ordinance, impact noises shall be considered to be noises generated by sources that do not operate more than one minute in any one-hour period.

3.

Where street traffic noises directly adjacent to the boundary line exceed these maximum permitted levels, the intensity levels permitted may then exceed those levels specified in the tables but may not exceed the level of the subject adjacent street traffic noise.

4.

Sounds of an intermittent nature, or characterized by high frequencies, which the building official deems to be objectionable to adjacent land uses, shall be controlled so as not to generate a nuisance to adjacent land uses, even if the decibel measurement does not exceed that specified in those tables.

5.

Noise resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this section.

1.

A ground-mounted satellite antenna shall be located only in the rear yard and shall be subject to the accessory structures setback requirements of the zoning district in which it is located, as measured at the property line to the nearest edge of the dish.

2.

Not more than one satellite antenna shall be allowed on any single residential lot of record.

3.

Any satellite dish antenna shall be installed and maintained with a screen that shall not interfere with the reception but will obscure the view from adjacent lots or streets.

4.

No satellite dish antenna shall exceed 12 feet in diameter.

5.

A roof-mount location may be considered as an alternative to a ground mount for nonresidential structures. The maximum height of a roof mounted satellite antenna shall be not greater than 15 feet, including its base, nor shall the building and antenna exceed the maximum height permitted for a structure in its respective zoning district.

6.

The satellite antenna and structural support shall be of noncombustible and corrosive resistant material.

7.

All satellite antennas shall be grounded as required by the applicable building codes to alleviate electrical potential differences between exposed "dead" metal parts of the antenna and the premises A.C. electrical system.

8.

Each satellite antenna shall be designed to withstand a wind force of 75 mph without the use of any supporting guide wires.

9.

Wiring between a satellite dish and the receiver shall be placed at least 18 inches beneath the surface of the ground with a cable approved for direct burial.

10.

Any driving motor shall be limited to 100v maximum power design and be encased in protective guards. Any motor with operating voltage of more than 50v A.C. nominal shall comply with article 430 of the National Electrical Code, as may be amended.

11.

A satellite antenna shall be permanently mounted. A satellite antenna may only be on wheels or temporarily installed when used to demonstrate and/or test the feasibility of use for no more than two weeks.

12.

No satellite dish antenna permanently mounted shall be used, nor contain a commercial or residential advertisement, except signs indicating the manufacturer, sales or servicing agent, the total of which shall not exceed 20 square inches.

1.

Reserved.

2.

For permanent above or below ground swimming pools, and for portable pools with a diameter exceeding 12 feet or an area exceeding 100 square feet, a building permit must be obtained for its alteration, erection, and construction. Before a permit is issued, an application shall be approved by the enforcing official (building official or authorized representative). An application is not required for a wading pool. An application for a permit should provide the following information: name of the owner, plot plan specifying dimensions, site location of the pool, as well as nearby fences, buildings, gates, septic tanks, tile fields, public utilities, and easements. The application for a below ground pool must include plans and specifications to scale of the pool walls, slope, bottom, walkway, diving boards, type and rating of auxiliary equipment, piping, and valve layout.

3.

A private swimming pool shall be located only in the rear yard.

4.

Rear and side lot line setbacks shall not be less than ten feet between the pool outside wall and the side or rear property line, and not less than ten feet between pool wall and any building on the lot.

5.

With regard to overhead electrical, cable television, or telephone wires, a distance of not less than ten feet horizontally from the waters edge shall be enforced. Under no circumstances shall wire of any kind cross over the water surface.

6.

No yard containing a swimming pool or wading pool shall be constructed or maintained unless such swimming pool is entirely enclosed by a building, wall, and/or fence. All fences shall be in accordance with subsection 12.23.3.f., entitled "Fences Required for Swimming Pools and Ponds," of this Ordinance.

1.

A PCS antenna shall be permitted to be located on a building or structure subject to the conditions hereinafter required, subject to any and all reasonable conditions which may be imposed in accordance with section 4(c)(2) of the City-Village Zoning Act, as may be amended, and further subject to the review and approval by the Planning Commission and city commission as specified in section 13.3, "Review and Approval of Conditional Uses", and section 13.1, "Review and Approval of Site Plan" of this Ordinance:

(a)

A PCS tower may not be co-located on a building or structure being used for residential or housing purposes.

(b)

A PCS antenna may not reach higher than ten feet, the tallest point of the building or structure on which the antenna is co-located.

(c)

The owner of the building or structure and the owner and operator of the PCS antenna shall, as a condition of approval by the city, enter into a written lease for a period of not less than five years establishing responsibilities and obligations for maintenance, insurance and compliance with laws satisfactory to the city commission.

(Ord. No. 169, Art. I, 4-5-99)

1.

Purpose. The purpose of this section is to permit greater flexibility and, consequently, more creative and imaginative design in the development of residential areas through the use of planned unit development legislation, as authorized by Section 503 of the Michigan Zoning Enabling Act (Public Acts 2006, No. 110) for the purpose of:

• Promoting a more economical and efficient use of the land;

• Providing for a harmonious variety of housing choices with the integration of commercial and community facilities and recreational opportunities;

• Facilitating the provision of safe and efficient streets and site access in conformance with access management objectives;

• Promoting the conservation of natural features and encouraging an efficient, aesthetic and desirable use of open space consistent with the city's character;

• Ensuring compatibility of design and use between neighboring properties.

These regulations are intended to result in land use development consistent with zoning ordinance standards, yet allowing for modifications from the general standards.

2.

Scope. A planned unit development containing permitted uses shall be recognized as a principal use permitted subject to special conditions (conditional uses) and controlled by the requirements therefor. Such developments shall be permitted as a conditional use in the R-C, R-A, R-T, C-1, C-2 and C-3 zoning classifications.

3.

Planned unit development provisions.

A.

The minimum size of a planned unit development shall be 20 acres of contiguous land.

B.

Planned unit developments are restricted to one or more of the following uses regardless of the zoning classification in which the development is located:

1.

One-family, two-family, and multiple-family dwellings, including uses and buildings accessory thereto.

2.

Non-residential uses of an educational, cultural, recreational, office or commercial character, including uses and buildings accessory thereto, which uses are an integral part of a residential development logically oriented to and coordinated with the planned unit development.

C.

The overall density of residential uses within a planned unit development shall be determined by dividing the planned unit development residential area by the minimum residential parcel, lot, or building site area per dwelling unit required by the zoning classification in which the development is located.

In the event the development lies in more than one zoning classification, the number of dwelling units shall be computed for each zoning classification separately.

The total density of all phases developed prior to completion of the project shall not exceed eight units per acre.

D.

Non-residential uses permitted by subsection 3(B)(2), including access roads and parking associated with such non-residential uses, shall not exceed 20 percent of the planned unit development.

Non-residential areas or a building devoted primarily to a non-residential use shall not be built or established prior to the completion of construction of 60 percent of the dwelling units within the planned unit development.

E.

Except for minimum parcel, lot or building site area, frontage and width requirements, all zoning ordinance requirements for the underlying zoning classification shall apply, unless specifically waived or modified by the planning commission.

The minimum parcel, lot or building site area, frontage and width shall not be reduced more than ten percent below that required in the zoning classification in which the development is located.

F.

To encourage flexibility and creativity consistent with the objectives of the planned unit development concept, the planning commission may grant specific deviations from the dimensional requirements set forth in the zoning ordinance. Any dimensional deviation shall be approved through a finding by the planning commission that the deviation meets the purpose of a planned unit development set forth in subsection 1 of this section. Dimensional deviations are not subject to variance approval by the zoning board of appeals.

G.

Within every planned unit development, there shall be designated an amount of open space not less than five percent of the planned development and subject to the following standards:

1.

Any significant/sensitive environmental resources (e.g., steep slopes, wetlands, woodlands, etc.) shall be included within the designated open space.

2.

Designated open space shall be set aside as common land and retained in an essentially undeveloped or unimproved state to serve the following purposes:

a.

Conservation of land and its resources.

b.

Ecological protection.

c.

Provide for parkland, passive recreation or non-passive recreation, which preserves natural features.

d.

Protect historic and/or scenic features.

e.

Shaping and guiding the planned unit development.

f.

Enhancement of values and safety.

3.

Designated open space shall be easily accessible to residents of the planned unit development, including visual and pedestrian linkages and proximity to such open spaces.

4.

Structures or buildings which are accessory to the designated open space may be erected in accord with the approved site plan. These accessory structures or buildings shall not exceed, in the aggregate, one percent of the designated open space area.

5.

Designated open space shall be under common ownership or control, such that there is a single entity having proprietary responsibility. Sufficient documentation of ownership or control in the form of agreements, contracts, covenants and/or deed restrictions shall be provided.

6.

Designated open space shall be set aside through an irrevocable conveyance approved by the planning commission, such as:

• Recorded deed restrictions.

• Covenants that run perpetually with the land.

• A conservation easement.

• Land trusts.

Such conveyance shall assure that the open space is protected from development, except as approved by the planning commission. Such conveyance shall also:

• Indicate the proposed allowable use(s) of the designated open space;

• Require that the designated open space be maintained by parties who have an ownership interest in the open space;

• Provide standards for scheduled maintenance of the open space;

• Provide for maintenance to be undertaken by the city in the event that the dedicated open space is inadequately maintained, or is determined by the city to be a public nuisance, with the assessment of costs upon the open space ownership.

7.

Open space area(s) shall be taxed/assessed to each owner of a parcel/lot/building site within the planned unit development; each dwelling unit within a planned unit development shall be taxed/assessed for its pro rata share of the value of the open space area(s).

H.

The proposed planned unit development shall be under common ownership or control while being constructed, such that there is a single entity having proprietary responsibility for the full completion of the project. Sufficient documentation of ownership or control, that indicates the proposed development will be completed in its entirety, shall be submitted with the application for approval.

4.

Design standards.

A.

Access: Direct access for a planned unit development onto a public road shall be designed in compliance with the City of Parchment access standards as may be adopted and amended from time-to-time.

B.

Interior street system: The planned unit development shall be serviced by an interior street system. No use within the planned unit development shall front or gain direct access from an off-site road network.

All two-way interior streets within a planned unit development shall have a paved driving surface with a minimum width of 24 feet, exclusive of parking area. All one-way interior streets within a planned unit development shall have a paved driving surface with a minimum width of 15 feet, exclusive of parking area.

When an interior street will serve as a connecting link between different land ownerships or different public roads, either currently or within the future, it shall be constructed in accordance with the public road specifications of the Kalamazoo County Road Commission and be located upon a right-of-way of not less than 66 feet in width.

C.

Utilities: Public water, sanitary sewer and storm drainage facilities shall be provided as part of the development.

All utilities, including telephone, electric and cable television, shall be placed underground.

D.

Stormwater management: The design of stormwater management systems and drainage facilities shall be designed in coordination with the groundwater protection strategies of the city.

E.

Lighting: Street lighting and all other exterior lighting shall be designed in compliance with the lighting objectives and standards set forth in section 12.25.

F.

Landscaping: Landscaping shall be provided in accordance with section 12.20.

G.

Natural features: The development shall be designed to promote the preservation of natural features.

H.

Sidewalks: Sidewalks shall be constructed according to city standards as referenced in section 42-75 of the Parchment City Code of Ordinances.

I.

Curb and gutter: Curb and gutter shall be constructed to city standards as referenced in section 42-96 of the Parchment City Code of Ordinances.

J.

Screening, set-backs, height of building, accessory structures, exterior lighting: Where required by the planning commission in its sole discretion, which discretion shall not be unreasonably exercised or withheld, shall be provided in accordance with the Parchment City Code of Ordinances, as may be amended from time-to-time including, but not limited to, appendix A, zoning ordinance.

5.

Review criteria. In considering an application for approval of a planned unit development, the planning commission shall make its determination on the basis of the conditional use criteria set forth in section 13.3, the site plan review criteria set forth in section 13.1, the site plan review criteria for condominiums set forth in section 13.21, if applicable, as well as the following standards and criteria:

A.

The overall design and land uses proposed in connection with a planned unit development shall be consistent with the intent of the planned unit development concept and the specific design standards set forth herein.

B.

The proposed planned unit development shall be serviced by the necessary public facilities to ensure the public health, safety and welfare of the residents and users of the development.

C.

The proposed planned unit development shall be designed to minimize the impact of traffic generated by the development on the surrounding land uses and road network.

D.

The proposed planned unit development shall be designed so as to be in character with surrounding conditions as they relate to the bulk and location of structures, pedestrian and vehicular circulation, landscaping and amenities.

E.

The proposed planned unit development shall be designed and constructed so as to preserve the integrity of the existing on- and off-site sensitive and natural environments, including wetlands, woodlands, hillsides, water bodies and groundwater resources.

F.

The designated open space shall be of functional value as it relates to opportunities for wildlife habitat, woodland preservation, agricultural use, recreation, visual impact and access.

G.

The proposed planned unit development shall comply with all applicable federal, state and local regulations.

6.

Application procedure/approval process.

A.

Application requirements. The application for approval of a planned unit development shall be made according to the procedures for conditional uses set forth in section 13.3 and the application guidelines for planned unit developments set forth in this section.

B.

Effect of approval. After a site plan has been approved and construction of any part thereof commenced, no other type of development will be permitted on the site without further approval thereof by the planning commission after proceedings conducted as in the original application. This limitation shall apply to successive owners.

C.

Conformity to approved plan. Property which is the subject of approval for a planned unit development must be developed in strict compliance with the approved conditional use permit and site plan and any amendments thereto which have received planning commission approval. If construction and development does not conform with same, the approval thereof shall be forthwith revoked by the city by written notice of such revocation posted upon the premises involved and mailed to the developer at his last known address. Upon revocation of such approval, all further construction activities shall cease upon the site other than for the purpose of correcting the violation.

D.

Amendment to approved plan. A proposed amendment or modification to a previously approved site plan shall be submitted to the planning commission for review in the same manner as the original application was submitted and reviewed.

E.

Project phasing. When proposed construction is to be phased, the project shall be designed in a manner that allows each phase to fully function on its own regarding services, utilities, circulation, facilities and open space. Each phase shall contain the necessary components to ensure protection of natural resources and the health, safety and welfare of the users of the planned unit development and residents of the surrounding area.

Each phase of the project shall be commenced within one year of the schedule set forth on the approved plan. If construction of any phase is not commenced within the approved time period, approval of the site plan shall become null and void.

F.

Performance guarantee. The planning commission may require that a performance guarantee, acceptable to the city, be deposited with the city to ensure completion of the site in accordance with the approved plans.

G.

Recording of action. No building permit shall be issued for the development and no construction activity commenced within the planned unit development until an affidavit containing the full legal description of the planned unit development, specifying the date of final planning commission approval, and declaring that all improvements will be carried out in accordance with the approved planned unit development unless an amendment approved the city is recorded with the register of deeds for Kalamazoo County.

In addition, all required public dedications for streets, utility easements or other public facilities, and deed restrictions shall be duly filed with the city and recorded with the register of deeds for the county.

H.

Revocation. In any case where construction has not commenced within one year of final planning commission approval, all approvals shall be null and void. The applicant may apply for an extension, not to exceed one year. A maximum of two one-year extensions may be allowed.

7.

Application guidelines.

A.

Approval process: The following approval process shall apply to a planned unit development application:

1.

Optional pre-application review(s): Informal pre-application review(s) is encouraged and may be scheduled with the planning department at which the project concept may be reviewed by the applicant, city staff and city consultants.

2.

Conceptual plan review: A planned unit development shall undergo a mandatory conceptual plan review by the planning commission. The review is intended to provide an indication of the issues and concerns that must be resolved prior to review of the site plan by the planning commission. Conceptual plan approval shall not constitute an approval of a detailed site plan but shall be deemed an expression of approval of the layout as a guide to the preparation of the site plan. A request for modification to the approved conceptual plan shall be submitted to the planning commission for review in the same manner as the original conceptual plan was submitted and reviewed.

3.

Conditional use permit/site plan review: Following conceptual plan review, a planned unit development shall undergo a final review by the planning commission. The detailed site plan shall conform to the approved conceptual plan and incorporate any revisions or recommendations made by the planning commission at the conceptual plan review. If a detailed site plan is not submitted for review within six months of conceptual plan approval, the planning commission may require a resubmission of the conceptual plan for further review and possible revision. Site plan review shall be subject to all appropriate sections of the zoning ordinance.

The planning commission shall hold a public hearing on the planned unit development application in accordance with the conditional use provisions set forth in section 13.3.

B.

Optional pre-application review(s) requirements: The applicant shall present the following information on the proposed planned unit development for a pre-application review with the city planning department and applicable city consultants:

1.

Sketch plan of the proposed layout;

2.

An accurate legal description of the development site;

3.

The names and addresses of all current owners of the development site;

4.

The total acreage;

5.

The number of acres to be developed by use;

6.

The total number of acres of open space;

7.

The number of acres to be preserved as open space;

8.

The number and type of residential units;

9.

The details of the non-residential land use;

10.

The details of the pedestrian and vehicular circulation system; and

11.

The location and dimensions of known natural features.

C.

Conceptual plan review requirements: Engineering details of conceptual plans are not required to be developed beyond a level of detail required to determine the feasibility of the proposed layout. The conceptual plan, drawn to a reasonable scale, shall provide the following information:

1.

Boundaries of the planned unit development;

2.

A general location map showing the existing zoning designations, uses and ownerships of the planned unit development and all land within one-quarter mile;

3.

The topography of the site and its relationship to adjoining land;

4.

The location of existing streets adjacent to the planned unit development with an indication of how they will connect with the proposed circulation system for the proposed development;

5.

The pedestrian and vehicular circulation system and related parking facilities proposed within the planned unit development;

6.

Delineation of proposed residential and non-residential areas indicating for each such area its size, number and composition of buildings, dwelling unit density, building envelopes, building location and height and orientation of units;

7.

The interior open space system and park/recreation areas;

8.

Proposed landscaping, including greenbelts, berms and/or screening;

9.

The overall storm water drainage system;;

10.

The public facilities to serve the planned unit development, such as sewage disposal, water supply, refuse disposal, etc.

In addition, the following documentation shall accompany the conceptual plan:

1.

The name, address and telephone number of:

a.

All persons with an ownership interest in the land on which the planned unit development will be located together with a description of the nature of each entity's interest.

b.

All engineers, attorneys, architects or registered land surveyors associated with the planned unit development.

c.

The developer or proprietor of the planned unit development.

d.

Any person(s) authorized to represent the owner in the review process.

2.

An accurate legal description of the planned unit development, including appropriate tax identification numbers.

3.

he total acreage of the planned unit development.

4.

The number and type of units to be developed.

5.

A general statement as to how common open space and park/recreation areas are to be owned and maintained.

6.

If the development is to be constructed in phases, a general indication of how the sequence of phases is to proceed.

7.

A narrative describing how the planned unit development is supported by the city's master land use plan, the capacity and availability of necessary public facilities to the development, and the impact the development will have on adjoining properties.

D.

Site plan review requirements: In addition to information required by section 13.1 and, if applicable, section 13.2, the following information shall be included on, or attached to, all site plans:

1.

An update of the approved conceptual plan pursuant to the informational requirements set forth in subsection 7(C) of this section;

2.

Easements, deed restrictions and other documents pertaining to the open space system and park/recreation areas;

3.

If condominium ownership is proposed, all documentation required by the condominium regulations of the city;

4.

Engineering plans presented in sufficient detail to indicate compliance with the engineering standards adopted by the city, including the cross sections of proposed streets, drive aisles, paved areas and on-site drainage, including retention and/or detention areas.

(Ord. No. 188, § I, 12-4-06)

For all developments requiring site plan review, either a new public sidewalk or the reconstruction of existing sidewalks, shall be required to be constructed along the perimeter of the lot which abuts any public or private street.

New or reconstructed sidewalks shall be aligned with existing or proposed sidewalks and shall be constructed in compliance with city standards. (See chapter 42, streets, sidewalks, and other public places.)

(Ord. No. 228, Art. VIII, 8-5-24)

Solar panels, either attached to principal or accessory buildings or as accessory structures, shall be allowed in all zoning districts, subject to the following requirements:

1.

Attached to a building. Solar panels may be attached to the roof and/or the wall.

a.

Building-mounted solar panels shall be subject to the height and setback requirements applicable to the building to which they are attached.

b.

Roof-mounted solar panels shall include solar panels integrated as the surface layer of the roof structure with no additional apparent change in relief or projections (the preferred installation), or separate flush-mounted solar panels attached to the roof surface.

(1)

Flush-mounted solar panels installed on a sloped roof surface shall not project vertically above the peak of the roof to which they are attached.

(2)

Flush-mounted solar panels installed on a flat roof shall not project vertically higher than the height of the parapet wall surrounding the roof or shall be screened by architectural features.

(3)

Roof-mounted solar panels shall be only of such weight as can safely be supported by the roof. Proof thereof shall be submitted to the city building official prior to installation and shall be subject to the building official's approval.

c.

Wall-mounted solar panels shall not exceed the height of the wall to which they are attached.

d.

Building-mounted solar panels shall be permanently and safely attached to the building or structure. Proof thereof shall be submitted to the city building official prior to installation and shall be subject to the building official's approval.

2.

Freestanding. Solar panels may be freestanding.

a.

Freestanding solar panels shall be subject to the height, setback and location requirements applicable to accessory buildings.

b.

The surface area covered by freestanding solar panels shall be included in the lot coverage calculations for the lot.

c.

Freestanding solar panels shall be permanently and safely attached to the ground. Proof thereof shall be submitted to the city building official prior to installation and shall be subject to the building official's approval.

d.

All related power transmission lines shall be placed underground.

3.

The exterior surfaces of solar panels and associated structures/equipment shall be generally neutral in color and substantially non-reflective of light.

4.

Solar panel-related energy storage systems shall be located within a secure temperature-controlled enclosure when in use. When no longer in use, such energy storage systems must be disposed of in accordance with applicable laws and regulations.

5.

Solar panels shall conform to applicable industry standards and shall be installed, maintained and used only in accordance with the manufacturer's directions. The city building official may inspect the completed installation to verify compliance.

6.

Solar panels shall comply with all applicable city construction-related codes and permitting requirements.

7.

Solar panels allowed as a permitted accessory use shall require an administrative review.

8.

Solar panels failing to meet the height, setback and/or location requirements set forth herein may be allowed as a conditional use, in accordance with section 13.3.

9.

Solar panels attached to a building that is lawfully nonconforming do not constitute an expansion of a nonconforming building. For building-mounted solar panels on a building that is lawfully nonconforming due to setback, the setback of the lawful nonconforming building shall be considered the applicable setback requirement.

(Ord. No. 228, Art. IX, 8-5-24)

1.

Purpose. The purpose of this section is to establish guidelines for the siting of solar panel energy systems designed and intended to provide electricity to off-site customers or the electric grid which shall hereafter be referred to as a solar farm. It is further the purpose and intent of this section to:

•

Allow the safe, effective, and efficient use of a renewable energy system consistent with the goals and objectives set forth in the City of Parchment master plan.

•

Preserve and protect public health, safety, welfare, and quality of life by minimizing the potential adverse effects of solar farms, including aesthetic impacts and risks to the values of adjoining properties.

•

Establish standards and procedures by which the siting, design, engineering, installation, operation, and maintenance of solar farms shall be governed.

2.

Scope. Solar farms shall be allowed as a conditional use in the Mill PUD district as the principal use on a lot.

3.

Solar farm requirements.

a.

All solar farm structures and equipment shall conform to the minimum front, side, and rear building setback requirements of the zoning district.

b.

Freestanding solar panels within a solar farm shall not exceed the maximum building height requirements of the zoning district, as measured from the grade where the support structure of the solar panel is affixed to the ground to the top of the panel when oriented at maximum tilt.

c.

Area covered by solar panels shall not be included in the lot coverage calculations for the lot.

d.

All power transmission lines shall be located underground, unless otherwise modified by the planning commission in consideration of the conditional use criteria established by section 13.3.

4.

Glare. Solar panels shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties, or roadways. The exterior surfaces of solar panels and associated structures/equipment shall be generally neutral in color and substantially non-reflective of light.

The solar farm shall meet any applicable Federal Aviation Administration guidelines for glare and placement in connection with any airports.

5.

Energy storage system. When an energy storage system is included as part of the solar farm, it must be placed in a secure temperature-controlled enclosure when in use. When no longer in use, such energy storage system must be disposed of in accordance with applicable laws and regulations.

Energy storage system enclosures shall conform to the solar farm requirements set forth in subsection 3.

6.

Buffering. Screening shall be provided along the perimeter of a solar farm, including along the adjacent road right-of-way, in accordance with the greenbelt buffer requirements of section 12.20.

Buffering should be at a height to obstruct the view at ground level but not inhibit solar production caused by shading. Required buffering is not intended to screen every part of the solar farm.

7.

Permits. Solar farms shall conform to applicable industry standards and shall be installed, maintained and used only in accordance with the manufacturer's directions. The city building official may inspect the completed installation to verify compliance.

Solar farms shall be required to obtain all necessary federal, state and local permits and comply with all applicable township construction-related codes and requirements.

8.

Removal.

a.

A documented decommissioning plan shall be provided and shall:

(1)

State the anticipated life of the project;

(2)

Describe estimated decommissioning costs in current dollars and provide that this figure will be updated every fifth year after commercial operation of the utility-scale solar panel energy system;

(3)

Be signed by the party responsible for decommissioning and the landowner (if different);

(4)

Define the conditions upon which decommissioning will be initiated (e.g.; end of land lease, no power production for 12 months, etc.);

(5)

State that all equipment, conduit, structures, fencing, roads, and foundations will be removed by the end of the decommissioning period;

(6)

Require property to be restored to the condition it was in prior to the development of the solar farm;

(7)

Describe the timeframe for completion of decommissioning activities;

(8)

Describe any agreement (e.g., lease) with the landowner regarding decommissioning;

(9)

State the party currently responsible for decommissioning; and

(10)

Describe any plans or circumstances requiring an update of the decommissioning plan.

b.

A recorded copy of the decommissioning plan shall be submitted to the city.

c.

Decommissioning shall be completed within 12 months of determination by the zoning administrator that the solar farm is no longer being maintained in an operable state of good repair, unless the current responsible party with ownership interest in the facility provides substantial evidence to the planning commission of the intent to maintain and reinstate operation of the solar farm.

d.

A cash deposit, certified check, irrevocable bank letter of credit, surety bond, corporate guaranty, or other similar financial instrument acceptable to the planning commission that is equal to the cost of decommissioning is required. The amount of security shall be adjusted to equal the latest estimated net decommissioning costs under subsection 8.a.2) above.

(Ord. No. 228, Art. IX, 8-5-24)