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

(Ord. 188, eff. 2-25-1981)

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

(Ord. 188, eff. 2-25-1981)

   All streets, alleys and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon the streets, alleys or railroad rights-of-way. Where the centerline of a street or alley serves as a district boundary, the zoning of the street or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to the centerline.

(Ord. 188, eff. 2-25-1981)

   No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, designed or arranged for any purpose other than is permitted in the district in which the building or land is located. Where a use is defined or listed as a permitted use or a special use in a given zoning district, such use shall not be permitted in any zoning district where it is not listed. This is true even if such use might be similar to a listed permitted use.

(Ord. 188, eff. 2-25-1981; Ord. 358, adopted 4-11-2011)

   No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner, except in conformity with the area regulations of the district in which the building is located.

(Ord. 188, eff. 2-25-1981)

   No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located; except that, roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building and fire or parapet walls, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, smokestacks, individual domestic radio and television aerials and wireless masts, water tanks or similar structures may be erected above the height limits herein prescribed. No structure may be erected to exceed by more than 15 feet the height limits of the district in which it is located, nor shall the structure have a total area greater than 25% of the roof area of the building, nor shall the structure be used for any residential purpose or any commercial purpose other than a use incidental to the main use of the building.

(Ord. 188, eff. 2-25-1981)

   Every building hereafter erected or structurally altered to provide dwelling units shall be located on a lot, as herein defined, and, in no case, shall there be more than one building on one lot unless otherwise provided in this chapter.

(Ord. 188, eff. 2-25-1981)

   Space which has been counted or calculated as part of a side yard, rear yard, front yard, court, lot area or other open space to meet the requirements of this chapter for a building, shall not be counted or calculated to satisfy or comply with a yard, court, lot area or other open space requirement for any other building. An open porch or paved terrace may occupy a required front yard or rear yard; provided that, the unoccupied portion of the front yard or rear yard furnishes a depth of not less than 21 feet.

(Ord. 188, eff. 2-25-1981)

   Architectural features, not including vertical projections, may extend or project into a required side yard not more than two inches for each one foot of width of the side yard and may extend or project into a required front yard or rear yard not more than three feet. Architectural features shall not include those details which are normally demountable (i.e., awnings).

(Ord. 188, eff. 2-25-1981)

   A.   No machinery, equipment, vehicles, lumber piles, crates, boxes, building blocks or other materials either discarded, unsightly or showing evidence of a need for repairs, with or without a current license, shall be placed, stored, parked, abandoned or junked in any open area that is visible from the street, public place or adjoining residential property for longer than 48 hours. In the event the above items are permitted to be placed, stored, parked, abandoned or junked in the area, the Building Inspector shall give written notice to the owner of the premises on which the item is stored and/or to the owner of the stored item to remove or cause to be removed, the item within 48 hours after the giving of the notice. Failure to comply with the notice within 48 hours shall constitute a violation of this chapter. The above notwithstanding, the Building Inspector may, upon investigation, issue a letter to the owner or owners authorizing a grace period not to exceed 30 days.

   B.   No upholstered furniture or appliance designed for use inside a building or vehicle shall be used, remain or be stored outside for longer than 24 hours.

(Ord. 188, eff. 2-25-1981)

   No building permit shall be issued for any construction located on any lot or parcel of land in the city that does not abut on a public street or highway; provided that, this chapter shall not be the basis for preventing the issuance of a building permit for ordinary repair or maintenance of any building that is already erected on the date of the adoption of this chapter upon a lot or parcel of land that does not so abut a street or highway.

(Ord. 188, eff. 2-25-1981)

   No structure, wall, fence, shrubbery or trees shall be erected, maintained or planted on any lot which will obstruct the view of the driver of a vehicle approaching an intersection, excepting that shrubbery and low retaining walls not exceeding two and one-half feet in height above the curb level and shade trees where all branches are not less than eight feet above the street level will be permitted. For residential corner lots, in the R-1A, R-1B, R-1C and R-2 Districts, this unobstructed area will be a triangular section of land formed by the two street curb lines and a line connecting them at points 25 feet from the intersection of the curb lines.

(Ord. 188, eff. 2-25-1981)

   No dwelling unit shall be erected in the I District. However, the sleeping quarters of a watchperson or a caretaker may be permitted in the district in conformance with the specific requirements of the particular district.

(Ord. 188, eff. 2-25-1981; Ord. 379, passed 4-9-2018)

   No single-family residential structure shall be erected upon a lot with another single-family residential structure.

(Ord. 188, eff. 2-25-1981)

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

   A.   Where the accessory building is structurally attached to a main building, it shall be subject to and must conform to all regulations of this chapter applicable to main or principal buildings;

   B.   Accessory buildings shall not be erected in any required yard except a rear yard, and shall not be closer than three feet to any side or rear lot line;

   C.   Accessory buildings shall not exceed the ground floor area (in square footage) of the main building;

   D.   Accessory buildings shall not exceed the height of the main building or 35 feet, whichever is the lesser;

   E.   No detached accessory building shall be located closer than ten feet to any main building;

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

   G.   In the case of double frontage lots, accessory buildings shall observe front yard requirements on both street frontages whenever there are any principal buildings fronting on said streets in the same block or adjacent blocks; and

   H.   A carport made of non-flammable materials may be abutted or attached to the main building. It shall not be erected in any required yard except a side or rear yard, and shall not be closer than three feet to any side or rear lot line.

(Ord. 188, eff. 2-25-1981; Ord. 350, adopted 6-22-2009; Ord. 373, passed 10-26-2015)

   Accessory antennas, except as otherwise permitted in this chapter, shall be subject to the following regulations.

   A.   Accessory antennas shall be permitted in all districts as accessory uses provided they are not used for commercial or profit making activities. If used for commercial or profit making activities, accessory antennas shall be governed by § 53-29 of this chapter.

   B.   Where the accessory antenna is structurally attached to a main building, it shall be subject to and must conform to all regulations of this chapter applicable to main or principal buildings.

   C.   An accessory antenna may be erected in any required yard except a front yard, shall not project beyond the front building line of the respective building and shall not be closer than three feet to any side or rear lot line. Movable antennas shall not revolve closer than three feet to any side or rear lot line.

   D.   An accessory antenna shall not exceed one story or 15 feet in height. The total yard area devoted to an accessory antenna use shall not exceed 100 square feet of yard area.

   E.   A corner lot, the side yard of which is substantially a continuation of the front lot line of the lot to its rear shall be regarded as having two front yards. When an antenna is located on this type of lot, it shall not project beyond the continued front lot line of the rear lot.

   F.   In the case of double frontage lots, accessory antennas shall observe front yard requirements on both street frontages whenever there are any principal buildings fronting on the streets in the same block or adjacent blocks.

   G.   In all cases, an accessory antenna shall be anchored or fastened securely to the building or surface to which it is attached or upon which it rests.

(Ord. 188, eff. 2-25-1981)

   A.    Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      BOAT. A vessel used or capable of being used as a means of transportation on water.

      CAMPER (CAMPING TRAILER, TRUCK CAMPER). A vehicular portable temporary living quarters used for recreational camping or travel and of a size and weight that does not require a special highway movement permit when drawn by a motor vehicle. May be classified as Class B on an industry wide basis.

      MOTOR HOME. A motor vehicle constructed or altered to provide living quarters, including permanently installed cooking and sleeping facilities, which is used for recreation, camping or other noncommercial use. May be classified as Class A or Class C on an industry-wide basis.

      TRAVEL TRAILER. A vehicular portable structure mounted on wheels and of a size and weight that does not require a special highway movement permit when drawn by a stock passenger automobile or when drawn with a fifth wheel mounted on a motor vehicle, primarily designed, constructed and used to provide temporary living quarters for recreational camping or travel. May be classified as Class B on an industry-wide basis.

   B.   General provisions.

      1.   This division includes units that are similar in nature and use as those defined above.

      2.   All units subject to this section must be:

         a.   Properly registered and licensed;

         b.   For personal use only;

         c.   Kept in good running condition to allow immediate movement from place to place at the time a request to move is made;

         d.   Kept locked and secured at all times, to prevent vandalism or entry by children or trespassers;

         e.   Covered with a tarpaulin or canvas that is not tattered or ripped, to prevent vandalism or entry by children or trespassers;

         f.   Parked or stored in the rear or side yard;

         g.   In compliance with front, side and rear-yard setbacks; and

         h.   In compliance with Section 25-4 C (Nuisances).

      3.   All units subject to this section are included in the calculation to determine the 35% maximum permitted lot coverage.

      4.    One unit may be parked in a driveway that is a minimum of 25 feet from the city right-of-way.

      5.   For the purpose of loading and unloading, a unit subject to this section may be parked at a residence and connected to electricity or water for a maximum of 72 hours.

      6.   For the purpose of maintenance, a unit subject to this section may be parked at a residence for a maximum of 72 hours.

      7.   In order to park or store a unit subject to this section, the real property owner or lessee of the real property owner must also be the registered owner of the unit.

      8.   The exteriors of all units subject to this section must be kept in good repair.

   C.   Prohibitions.

      1.   Mobile homes must not be parked or stored outside of a mobile home park or the lot of a dealer who, in the ordinary course of business, sells mobile homes.

      2.   All units or a combination of units subject to this section must not:

         a.   Be used or occupied for sleeping or dwelling while parked or stored;

         b.   Parked in a yard that is directly in front of a residence;

         c.   Connected to electricity, water, gas or sanitary sewer facilities;

      3.   All units subject to this section must not be parked or stored to create a vision obstruction for vehicles or pedestrian traffic.

      4.   Maintenance of units subject to this section:

         a.   Must not create excessive noise, vibration, odor or other nuisance to neighbors;

         b.   Must not release hazardous or toxic chemicals into the environment; and

         c.   Is restricted to one unit at a time.

         d.   Winterization, oil changes, brake repairs, flushing of systems (such as but not limited to: refrigerant, gray water, dark water), or removal of winterization is prohibited.

   D.   Violations and penalties. 

      1.   Any person who violates any provision of this section is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $250, plus costs and other sanctions, for each violation.

      2.   Repeat offenses shall be subject to increased fines as provided by code, except that the increased fine for a repeat offense shall be as follows.

         a.   The fine for any offense which is a first repeat offense shall be not less than $500, plus costs and other sanctions.

         b.   The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be not less than $1,000, plus costs and other sanctions.

(Ord. eff. 7-12-1985; Ord. 318, adopted 11-12-2001; Ord. 366, adopted 10-13-2014)

   All automobile service stations erected after the effective date of this chapter shall comply with all requirements of this section. No automobile service station existing on the effective date of this chapter shall be structurally altered so as to provide a lesser degree of conformity with the provisions of this section than existed on the effective date of this chapter.

   A.   An automobile service station building housing an office and/or facilities for servicing, greasing and/or washing motor vehicles shall be located not less than 40 feet from any street lot line.

   B.   All driveways providing ingress or egress from an automobile service station shall be not more than 30 feet wide at the property line. No more than one curb opening shall be permitted for each 50 feet of frontage or major fraction thereof along any street and no more than two curb openings are permitted on any street. No driveway or curb opening shall be located nearer than 20 feet to any corner or adjoining property lot line, as measured along the property line.

   C.   A raised curb six inches in height shall be erected along all street lot lines, except for driveway openings.

   D.   All lubrication equipment, motor vehicle washing equipment, hydraulic hoists, shall be enclosed entirely within a building.

   E.   All gasoline pumps shall be located not less than 15 feet from any lot line and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any public sidewalk, street or right-of-way.

   F.   Where an automobile service station adjoins property located in any residential zone, a masonry wall five feet in height shall be erected and maintained along the service station property line. All masonry walls shall be protected by a fixed curb or barrier to prevent vehicles from contacting the wall.

   G.   All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from adjacent and neighboring property.

   H.   1.   When a structure designed and used for automobile service station or filling station purposes ceases to operate on a continuing basis for a period of 180 consecutive days, the owner of the premises shall be served written notice by the Building Inspector of the requirement within 60 days of the date of the notice, to either:

         a.   Resume operation of the premises on a continuing basis as a lawful automobile service station or filling station;

         b.   Lawfully convert the structure to another permitted use in that district;

         c.   Demolish the structure and completely remove the debris from the premises; or

         d.   Demonstrate evidence to the City Council that aggressive marketing efforts are being pursued so that either divisions H.1.a. or b. can be met.

      2.   The evidence must be demonstrated every 60 days after having been served the written notice. In all cases, an abandoned or vacant automobile service or gasoline filling station shall be maintained in accordance with this section.

   I.   An abandoned automobile service or filling station may be converted to a principal permitted use in the district in which the station is located; provided, the following conditions are met.

      1.   The use shall not be out of architectural harmony with the surrounding neighborhood by reason of its character or quality of development.

      2.   All gasoline pumps and signs shall be removed and underground gasoline storage tanks shall be abandoned in conformance with prescribed city and state fire safety provisions.

      3.   All buildings shall meet all applicable requirements of the City Building Code for safety and structural condition.

      4.   There shall be adequate off-street parking provided in accordance with this code.

      5.   No outside storage areas shall be permitted.

      6.   The use shall meet all area, height, bulk and placement requirements of the district in which the use is located in accordance with this code.

      7.   The use shall comply with all other requirements of the applicable district unless otherwise provided in this chapter.

(Ord. 188, eff. 2-25-1981)

   All vacant or abandoned buildings shall be maintained in accordance with the following requirements.

   A.   All building exteriors shall be secured and continuously maintained to prevent vandalism.

   B.   No outdoor storage shall be permitted on the site.

   C.   All sites shall be cleaned of debris and maintained in a condition so as to not cause a threat to health, safety and welfare of the city, the immediate neighborhood and adjacent land uses.

   D.   For commercial and industrial land uses which have ceased operation on a continuing basis for a period of 180 days, all identification signs shall be removed within 60 days of notice receipt.

   E.   For automobile service or gasoline filling stations which have ceased to operate on a continuing basis for a period of 180 consecutive days, all signs, pumps, pump islands, grease and oil storage areas shall be removed within 60 days of notice receipt. In addition, the site shall be thoroughly cleaned of all oil and grease deposits.

   F.   Maintenance of all vacant and abandoned buildings shall comply with all applicable state and local ordinances.

(Ord. 188, eff. 2-25-1981)

   Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Building Inspector or required compliance with his or her lawful order, except as provided in this code.

(Ord. 188, eff. 2-25-1981)

   A.   When a drive-in establishment adjoins property located in any residential district, an ornamental masonry wall, five feet in height shall be erected and maintained along the interior line or if separated from the residential zone by an alley, then along the alley lot line. In addition, all outside trash areas shall be enclosed by the five-foot masonry wall. The wall shall be protected from possible damage inflicted by vehicles using the parking area by means of pre-cast concrete wheel stops at least six inches in height or by firmly implanted bumper guards not attached to the wall or by other suitable barriers.

   B.   The entire parking area shall be paved with a permanent surface of concrete or asphaltic cement. Any unpaved area of the site shall be landscaped with lawn or other horticultural materials, maintained in a neat and orderly fashion at all times and separated from the paved area by a raised curb or other equivalent barrier.

   C.   Lighting shall be installed in a manner which will not create a driving hazard on abutting streets or which will not cause direct illumination on adjacent residential properties.

   D.   Before approval is given for any use, a site plan shall be first submitted to the Planning Commission for review as to suitability of location of entrances and exits to the site, parking area, screening, lighting and other design features.

(Ord. 188, eff. 2-25-1981)

   A.   Any building requiring yard space shall be located at an elevation that a sloping grade shall be maintained to cause the flow of water to run away from the walls of the structures thereon. The balance of yard spaces shall be graded and adequate drainage provided where necessary to deflect proper drainage of surface waters from the premises.

   B.   When a new building is constructed on a vacant lot between two existing buildings or adjacent to an existing building, the existing established grade shall be used in determining the grade around the new building and the yard around the new building shall be graded in a manner as to meet existing grades.

(Ord. 188, eff. 2-25-1981)

   Any building or structure which has been wholly or partially erected on any premises within or outside the city shall not be moved to and/or placed upon any premises in the city unless a building permit for the building or structure shall have been secured. Any building or structure shall fully conform to all the provisions of this chapter in the same manner as a new building or structure.

(Ord. 188, eff. 2-25-1981)

   The construction, maintenance or existence within the city of any unprotected, unbarricaded, open or dangerous excavations, holes, pits or wells or of any excavations, holes or pits which constitute or are reasonably likely to constitute a danger or menace to public health, safety or welfare, are prohibited; provided, however, this section shall not prevent any excavation under a permit issued pursuant to this chapter or the Building Code of the city where the excavations are properly protected and warning signs posted in a manner as may be approved by the Building Inspector.

(Ord. 188, eff. 2-25-1981)

   The use of land for the excavation, removal, mixing, crushing, filling, or depositing of any type of earth material, sand, topsoil, clay, aggregates, stones, gravel, or rock is not permitted in any zoning district, except under a permit or approval granted by the authority of this chapter or other city ordinance. This regulation does not apply to normal soil removal or fill for basement or foundation work when a building permit has previously been duly issued within the same calendar year by the Building Inspector for such basement or foundation or for minor earth material removal or fill of less than 300 cubic yards in total. Minor earth material removal or fill may include, but is not limited to, work related to the installation of a pool or hot tub, driveway, street, swale, drainage ditch, or pond. This regulation shall also exclude those excavations or fill required or directed by a federal or state agency to provide for flood mitigation or removal of contaminated soils. No property shall be filled or graded so as to cause or increase a discharge of surface water run-off onto abutting properties or properties within 500 feet in such a manner that will cause flooding, inconvenience or damage to adjacent properties or properties within 500 feet and shall generally maintain existing drainage courses. No property shall have fill deposited which exceeds 300 cubic yards in total without a permit or approval pursuant to a city ordinance. When property is developed or modified, existing grades on adjacent property shall have favored status.

(Ord. 188, eff. 2-25-1981; Ord. 387, passed 11-9-2020)

   Nothing in this chapter shall be deemed to require any change in the plans, construction or design use of any building upon which actual construction was lawfully begun prior to the adoption of this chapter and upon which building actual construction has been diligently carried on; and, provided further that, the building shall be completed within two years from the date of passage of this chapter.

(Ord. 188, eff. 2-25-1981)

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

(Ord. 188, eff. 2-25-1981)

   No proposed plat of a new subdivision shall hereafter be approved by either the City Council or the City Planning Commission unless the lots within the plat equals or exceeds the minimum size and width requirements set forth in the various districts of this chapter and unless the plat fully conforms with the statutes of the state and all other provisions of this code.

(Ord. 188, eff. 2-25-1981)

   The City Council shall have the power to permit the location in any use district of a public utility building, structure or use, if the Council shall find the use, building or structure or use are designed, erected and landscaped to conform harmoniously with the general architecture and character of the district.

(Ord. 188, eff. 2-25-1981)

   A building permit shall be required for the erection, construction or alteration of any sign, except as hereinafter provided, and all signs shall be approved by the Building Inspector as to compliance with the requirements of the Zoning District wherein the sign or signs are to be located and with the requirements of Chapter 51 of this code.

(Ord. 188, eff. 2-25-1981)

   All commercial radio, television and other transmitting or relay antenna towers shall be permitted in any commercial or industrial district which abuts upon a major commercial or industrial thoroughfare. The setbacks for the towers from all abutting streets or adjacent property shall be a distance equal to the height of the tower. The structural plans must be approved by the Building Inspector.

(Ord. 188, eff. 2-25-1981)

   Open air business uses, where permitted in a C-2 or I District, shall be subject to the following regulations.

   A.   The minimum area of the site shall be 10,000 square feet.

   B.   The minimum street frontage shall be 100 feet.

   C.   There shall be provided around all sides of the site, except at entrances, exits and along sides of premises enclosed by buildings, a fence or wall five feet in height in order to intercept wind-blown trash and other debris.

   D.   Lighting shall be installed in a manner which will not create a driving hazard on abutting streets or cast direct illumination on adjacent properties.

   E.   All open air business uses shall comply with all city and county health regulations regarding sanitation and general health conditions.

(Ord. 188, eff. 2-25-1981; Ord. 379, passed 4-9-2018)

   The City Planning Commission and City Council may designate certain properties or structures as “historical structures or properties”. The occupation of these structures or properties for uses other than those permitted in the zoning district in which it lies may be permitted after a public hearing by the City Planning Commission and approval of the City Council. Treatment of properties in officially established historical districts shall be in conformance with the city’s historical preservation ordinance.

(Ord. 188, eff. 2-25-1981)

   Whenever required as part of the site plan approval process (§ 53-128), a landscaping plan shall be prepared and implemented in accordance with the following requirements.

   A.   1.   For multiple-family uses and nonresidential uses in residential districts, the following percentages of the total site shall be in functional open space:

 

 

      2.   The open space shall be landscaped with one tree or shrub for every 1,000 square feet or portion thereof, plus one tree for every 1,500 square feet or portion thereof not covered by a building or by required parking. (Plant materials existing on the site prior to development may be included as part of the requirement.) Ground cover is required in all landscape areas.

   B.   For nonresidential uses in nonresidential districts, a minimum of 15% of the total lot area in landscaping, one tree or shrub for every 1,000 square feet or portion thereof, plus one tree for every 1,500 square feet of landscaped area or portion thereof shall be required. (Plant materials existing on the site prior to the development may be included as part of the requirement.) Ground cover is required in all landscape areas. Landscaping of adjacent right-of-way area shall be included in satisfying the minimum on-site requirement if it is maintained by the adjacent property owner. A minimum of 33% of required landscape area shall be located between any building and the street.

   C.   All areas shall be landscaped and shall meet the following standards.

      1.   No synthetic plant materials such as artificial grass, shrubs, trees or flowers shall be used to fulfill any landscaping requirements.

      2.   Berms, whenever utilized shall be designed and landscaped to minimize erosion. Berms adjacent to public rights-of-way shall have a slope no greater than three to one, unless designed as part of a retaining wall.

      3.   All landscaping materials shall consist of healthy specimens compatible with local climate, soil characteristics, drainage and water supply. All plant material shall be reasonably resistant to drought and disease. Non-nursery derived stock shall not be used to satisfy these requirements.

      4.   Grass or other living plants shall be the primary ground cover in required landscaped areas. Both sod planting and seeding are acceptable.

      5.   Ground covers other than grass shall be planted in required areas to provide complete coverage within two growing seasons. Vines shall not be used adjacent to pedestrian areas.

      6.   Materials such as river rock, cobble, boulders, paving stone, patterned concrete, bark and wood chips shall be limited to small areas and shall not exceed 25% of the required landscape area. All ground covers shall be at least six inches deep. Loose gravel less than three-inch minimum aggregate size shall not be used in areas abutting public streets or sidewalks.

   D.   Maintenance shall include all reasonable and regular irrigation, weeding, fertilizing and pruning. Plant materials which show signs of insect pests, diseases and/or damage shall be appropriately treated. Dead plant material shall be replaced immediately or as soon as practical under the seasonal conditions existing and according to the approved site plan. The developer and subsequent owner(s) shall be responsible for maintaining all on-site landscaping.

   E.   The city maintains a list of recommended and preferred trees for installation on private sites. These species were selected by the Parks and Trees Commission because of their aesthetic quality and climate compatibility. Developers are encouraged to select trees from the list.

   F.   Minimum planting sizes for required landscaping shall be as follows:

      1.   Large deciduous trees (over 30-foot mature height): 2M caliper measured 6M above ground;

      2.   Small deciduous trees (under 30-foot mature height, generally ornamental and flowering trees): one and one-half feet caliper measured six inches above ground;

      3.   Evergreen trees: four feet in height;

      4.   Shrubs: three-gallon container. Generally, deciduous shrubs will be 18 inches high. Spreading shrubs will have a 15 inches and 18 inches spread;

      5.   Ground covers (except vines): two and one-fourth inches to four inches;

      6.   Vines: up to one-gallon container; and

      7.   Plant material in addition to required quantities is not subject to size requirements.

   G.   Landscaping shall not interfere with public safety and shall not interfere with the safe movement of motor vehicles, bicycles or pedestrians. Planting shall be restricted in certain areas as follows.

      1.   In order to preserve sight distance, an unobstructed view shall be maintained within these triangular areas:

         a.   At the intersection of two streets or where a street intersects with an alley: a triangle defined by measuring 25 feet in length along each curb or edge of roadway from their point of intersection, the third side being a diagonal line connecting the first two. The city may require a greater distance in certain high volume or high speed traffic intersections.

         b.   At the intersection of a driveway and a street: two sides of the triangle defined by measuring 15 feet in length along the edge of the driveway and along the curb or edge of roadway line from their point of intersection, the third side being a diagonal line connecting the first two. No shrubs, ground covers, boulders, berms, fences or other material constituting visual obstructions shall exceed a height of 30 inches above the grade of the lower roadway within the triangular areas.

      2.   Landscape materials shall not obstruct the operation and maintenance of fire hydrants and electric facilities.

   H.   On projects in excess of three acres, the developer may file a phased plan for completing the landscaping pursuant to these standards. All phases must be completed within three years of approval.

(Ord. 188, eff. 2-25-1981)

   Fences may be constructed in the city in accordance with the following requirements.

   A.   No electrically charged fences are permitted.

   B.   No barbed wire or other material having jagged or cutting edges shall be used in connection with the construction of any fence in any residentially zoned area.

   C.   In nonresidential zones, barbed wire or other pointed materials may be used; provided, the material is over seven feet above the ground and any projections at the top shall be over the fence owner’s property and shall not overhang onto abutting properties.

   D.   In residentially zoned areas, only decorative or ornamental fences not exceeding 48 inches in height may be permitted in required front yards. Decorative or ornamental fences may include wrought iron, split rail, picket, board on board, cyclone, planting screen or masonry wall. In no residentially zoned area shall any solid fence, wall or planting screen greater than 30 inches in height as measured from grade, be located within a triangular section of land formed by two 15-foot perpendicular lines intersecting at the driveway and street pavement point and a connecting line (see attachment “A”).

   E.   In residentially zoned areas, a fence or wall shall not exceed six feet in height on rear or side property lines or in rear or side yards.

   F.   All fences erected by individual property owners must be located on his or her property.

   G.   All fences shall be maintained in a good condition so that they do not result in an unreasonable hazard to persons who might come near them.

   H.   No fence, wall or planting screen shall be erected, established or maintained on any corner lot which obstructs the view of a driver of a vehicle approaching an intersection.

   I.   Persons seeking to install fences greater than the specified permitted height must seek a variance from the Board of Zoning Appeals.

   J.   Fences constructed of wood or other material having one side designed and considered the decorative side shall be erected with the side facing the adjoining street or abutting property owner’s premises.

(Ord. 188, eff. 2-25-1981)

   All commercial buildings constructed after the passage of this chapter shall have incinerator facilities subject to all city, county and state health regulations. Outside trash containers shall be permitted in the R-2, R-MH, C-1, C-2, CBD, CS, and I Districts; provided that, they comply with the following requirements.

   A.   Adequate vehicular access shall be provided to the containers for truck pickup either via a public alley or vehicular access aisle which does not conflict with the use of off-street parking areas or entrances to or exits from principal buildings nearby.

   B.   A solid ornamental screening wall or fence shall be provided around all sides of trash containers which shall be provided with a gate for access and be of the height as to completely screen the containers, the maximum height of which shall not exceed six feet.

   C.   The trash container(s), the screening wall or fence and the surrounding ground area shall be maintained in a neat and orderly appearance, free from rubbish, waste paper or other debris. This maintenance shall be the responsibility of the owner of the premises on which the containers are placed.

   D.   The trash container(s) shall not be located closer than five feet to any lot line of adjacent residentially zoned property.

(Ord. 188, eff. 2-25-1981; Ord. 379, passed 4-9-2018)

      2.   Dwelling unit conversions shall be permitted as special approval use in the R-1A, R-1B Single-Family Residence Zoning District and R-1C, Single- and Two-Family Residence District, subject to the requirements of § 53-130 and the following standards:

         a.   The application shall include front and side elevations.

         b.   The proposed conversion shall result in more than two additional units to the existing dwelling and the maximum number of bedrooms per additional dwelling unit shall not exceed two.

         d.   One of the dwelling units must be occupied by the property owner who agrees that all construction and maintenance of the structure, all dwelling units therein, and all maintenance of the grounds will be in accordance with and conform to all city construction codes, including, but not limited to, the Building Code, Electrical Code, Plumbing Code, Mechanical Code, and Housing Code.

         e.   Each dwelling unit shall be self-contained, consisting of complete lavatory and kitchen facilities and a separate living area.

         f.   Each dwelling unit shall provide adequate light and ventilation pursuant to all applicable codes.

         g.   Stairways leading to the second or any higher floor shall be located within the walls of the building wherever practical and stairways and fire escapes shall otherwise be located on the rear wall in preference to either side wall and in no case on a front wall or side wall facing a street.

         h.   Except as may be necessary for purposes of safety in accordance with the preceding paragraph, there shall be no major structural change in the exterior of the building in connection with the conversion and after conversion the building shall retain substantially the same structural appearance it had before the conversion.

         i.   There shall be provided one parking space per converted dwelling unit, in addition to the parking requirements for a single-family dwelling. The location of the off-street parking spaces shall be consistent and compatible with existing off-street parking in the neighborhood. Where possible, parking should be enclosed or screened from view from any public street. In no case shall an application be approved where parking is intended to be located in the front yard, outside of an approved driveway, of any dwelling unit for which conversion has been applied for.

      2.   Accessory dwelling units shall be permitted as special approval use in the R-1A, R-1B Single-Family Residence Zoning District and R-1C, Single- and Two-Family Residence District, subject to the requirements of § 53-130 and the following standards:

         a.   The application shall include front and side elevations.

         b.   Accessory dwelling units shall not be located within the footprint of an existing single-family dwelling unit and shall only be permitted if constructed as a separate building or as an expansion of an existing accessory building. The conversion of existing single-family dwellings into two or three dwelling units within the footprint of the existing single-family dwelling shall be considered a dwelling unit conversion and regulated in accordance with division A. above.

         c.   No more than one accessory dwelling unit shall be permitted on a single parcel, and it shall not be located on a parcel with more than one dwelling unit.

         d.   The property owner shall occupy either the principal structure or the accessory dwelling unit as their primary residence.

         e.   The accessory dwelling unit shall include, at a minimum, a kitchen, a bathroom, and a sleeping area separate from the primary residence, and shall meet all provisions of the Housing Code, Building Code, and any other applicable codes adopted by the city.

         f.   The exterior design of an accessory dwelling unit, whether attached or detached to a building or structure, shall be compatible with the principal dwelling and any other accessory buildings or structures on the parcel. The building form, construction materials, dimensions, and landscaping shall remain consistent with the principal structure and in harmony with the character and scale of the surrounding neighborhood.

         g.   The owners of the subject property shall sign a statement of conditions in a form acceptable to the Zoning Administrator and/or the Planning Commission containing a legal description of the subject property and specifying the restrictions on the accessory dwelling set forth in this section as well as any other conditions imposed by the Planning Commission in granting special approval for the accessory dwelling. No building or zoning permits for the accessory dwelling shall be issued until the City Zoning Administrator is provided with satisfactory proof that the fully executed statement of conditions has been recorded with the Register of Deeds of Allegan County.

         i.   The accessory dwelling unit shall comply with setback, height, and other applicable dimensional requirements for accessory buildings, as applicable, of the R-1A, R-1B Single-Family Residence District and R-1C, Single- and Two-Family Residence District.

         j.   Accessory dwelling units and any accessory buildings to which they may be attached are exempt from the requirement that detached accessory buildings be located a minimum of ten feet from any main building.

         k.   At least one off-street parking space shall be provided for the accessory dwelling unit; and such parking spaces shall be in addition to the off-street parking required for the principal dwelling.

         l.   If a detached accessory building larger than 200 square feet exists on the property, an accessory dwelling unit shall be attached to the detached accessory building. The conversion of an accessory building or garage into an accessory dwelling unit shall comply with all applicable building codes for dwelling units.

(Ord. 188, eff. 2-25-1981; Ord. 403, passed 11-10-2025)

   Before issuance of a building permit for permitted uses and special approval uses in the R-2, RMH, C-1, C-2, CBD, CS, and I Districts and for special approval uses in the R-1A, R-1B and R-1C Districts, a site plan shall be provided. A site plan is also required when a petitioner seeks a variance to this chapter, the procedure for which is outlined in Article XX. In all cases, pertinent information is requested on a site plan so that proper decisions can be made as to the project’s ability to meet the standards of this chapter and the objectives of the city’s Comprehensive Planning Program.

   A.   Site plans shall be reviewed and approved in accordance with the following process.

      1.   A site plan for a special land use shall be subject to review and approval by the City Council after receiving a recommendation from the City Planning Commission in accordance with the provisions of this section. A site plan for a use permitted by right shall be approved administratively by the City Manager or designee or by the Planning Commission, consistent with the regulation and standards set forth in this section.

      2.   Two hard copies of the site plan, plus one electronic copy, including all items required to be incorporated in a site plan shall be submitted to the City Manager’s office 14 days before a regularly scheduled Planning Commission meeting. The City Manager shall then transmit copies of the site plan to the Planning Commission and to other departments and/or bodies as considered appropriate by the City Manager for review and comment. Departments or bodies receiving a site plan for review shall forward written comments to the City Manager within the ten days of receipt of the plan, in order that the reviewing body may review the comments before its regularly scheduled meeting. As applicable, the Planning Commission shall forward its recommendation to the City Council within 30 days of its receipt of the site plan. The City Council shall receive the recommendation from the Planning Commission, departments and other bodies, at its next regularly scheduled meeting and shall take action within 45 days of having received the site plan.

      3.   An approved site plan shall regulate the development on the site unless modified in the same manner as the plans were originally approved; provided, however, that, incidental or minor variations of the approved site plan shall not invalidate prior site plan approval; provided that, the variations have first been revised and written approval received for the variations from the Building Inspector and City Manager.

      4.   The building permit may be revoked by either the Building Inspector or the City Manager in any case where the conditions of the permit have not been or are not being complied with. The building permit shall not be reinstated until the permittee complies with the conditions of the original permit or as otherwise provided by law. Upon receiving notice of revocation of the building permit, the permittee shall be entitled to a hearing before the City Council at the next regularly scheduled Council meeting at which time the City Council shall review the basis of the revocation and either affirm or rescind the action of the Building Inspector or City Manager.

   B.   The following information shall accompany all plans submitted for review:

      1.   A legal description of the property under consideration;

      2.   A map indicating the gross land area of the development, the present zoning classification thereof and the zoning classification and land use of the area surrounding the proposed development, including the location of structures and other improvements; and

      3.   The names and addresses of the architect, planner, designer or engineer responsible for the preparation of the site plan.

   C.   The following information shall be included on the site plan:

      1.   A scale of not less than one inch equals 40 feet, if the subject property is less than three acres and one inch equals 100 feet, if it is three acres or more;

      2.   Date, north point and scale;

      3.   The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties;

      4.   The siting of all structures on the subject property and abutting properties;

      5.   The location of each proposed structure in the development area, the use or uses to be contained therein, the number of stories, gross building areas, distances between structures and lot lines, setback lines and approximate location of vehicular entrances and loading points;

      6.   The location of all existing and proposed drives and parking areas with the number of parking and/or loading spaces provided;

      7.   All pedestrian walks, malls or open areas;

      8.   Location and height of all walls, fences and screen planting, including a general plan for the landscaping of the development and the method by which landscaping is to be accomplished and be maintained; (Plant materials shall be chosen and installed in accordance with § 53-124.)

      9.   The location and right-of-way widths of all abutting streets;

      10.   Types of surfacing such as paving, turfing or gravel to be used at the various locations;

      11.   A grading plan with topographic elevation of at a minimum of two-foot contours in the area, showing method of storm drainage into the city storm sewer system through catch basins, of addressing the storm drainage on-site through retention or detention ponds;

      12.   Size and location of proposed sewer and water lines and connections;

      13.   The number of proposed units for multiple-family developments;

      14.   Significant environmental features such as wetlands, streams, woodlots, existing trees and vegetation; and

      15.   Information as may be required by the City Manager, the Planning Commission and City Council to assist in the consideration of the proposed development.

   D.   In order that building, open space and landscaping will be in harmony with other structures and improvements in the area and to assure that no undesirable health, safety, noise and traffic conditions will result from the development, the reviewing body shall determine whether the site plan meets the following criteria, unless the reviewing body determines that one or more of the criteria are inapplicable:

      1.   The vehicular transportation system shall provide for circulation throughout the site and for efficient ingress and egress to all parts of the site by fire and safety equipment;

      2.   Pedestrian walkways shall be provided as deemed necessary by the Planning Commission for separating pedestrian and vehicular traffic;

      3.   Recreation and open space areas shall be provided in all multiple-family residential developments;

      4.   The site plan shall comply with the district requirements for minimum floor space, height of building, lot size, yard space, density and all other requirements as set forth in the Zoning Chapter, unless otherwise provided;

      5.   The requirements for fencing, walks and other protective barriers shall be complied with as provided in this chapter and as deemed appropriate by the Planning Commission;

      6.   The site plan shall provide for adequate on-site storage space for the proposed uses;

      7.   Security measures shall be provided as deemed necessary by the Police Chief for resident protection in all multiple-family residential developments;

      8.   Fire protection measures shall be provided as deemed necessary by the Fire Chief in conformance with all applicable laws of the state for the protection of residents and/or occupants of the structures; and

      9.   The site plan shall comply with all requirements of the applicable zoning district, unless otherwise provided.

   E.   The site plan shall be reviewed by the City Planning Commission and other appropriate bodies for recommendations on any conditions or changes that may be attached to the site plan.

   F.   The reviewing body shall have the authority to request additional professional review from the City Attorney, engineering consultant and/or planning consultant and the permittee shall be responsible for any and all charges incurred there for.

   G.   The building permit may be revoked in any case where the conditions of the permit have not been or are not being complied with, in which case the City Council shall give the permittee notice of intention to revoke the permit at least ten days prior to review of the permit by the City Council. After conclusions of the review the City Council may revoke the permit if it feels that a violation in fact exists and has not been remedied prior to the hearing.

   H.   Three copies of an approved site plan, with or without changes and/or conditions, shall contain the signatures of the City Manager and the applicant. One copy of the signed plan shall be kept on file in the city, one given to the Building Inspector and one returned to the applicant.

   I.   1.   Site change. Any structure, use, field change or other amendment to the approved final site plan approval must be reviewed and approved by the appropriate reviewing body.

      2.   Phase construction. Where phases or staged construction is contemplated for the development of a project, the site plan submitted must show the interrelationship of the proposed project to the future stages, including the following:

         a.   Relationship and identification of future structures;

         b.   Pedestrian and vehicular circulation;

         c.   Time schedule for completion of the various phases of the proposed construction; and

         d.   Temporary facilities or construction of same as required to facilitate the stated development.

   J.   Administrative short form.

      1.   The City Council shall be responsible to review and approve all site plans associated with special land use requests consistent with the provisions of this section.

      2.   Except as otherwise provided in this division, the Planning Commission shall be responsible to approve all site plan reviews required under this chapter.

      3.   To facilitate an expedited review and approval of minor developments as set forth herein, the City Manager or designee shall be responsible to review and approve site plans otherwise required for the following:

         a.   An increase or decrease in existing floor space of 10% or less;

         b.   Signage;

         c.   Fencing;

         d.   Accessory buildings;

         e.   Changes in the type of finished surface of walks, roads, drives, parking lots and loading areas, all of which require paving;

         f.   Changes in the species of required trees, shrubs and ground covers to be used on the site plan;

         g.   Changes in the height of buildings or structures which increase their height by less than 10%; and

         h.   Increasing the length or height of walls, fencing or screening by 10% or less.

      4.   The City Manager or designee is authorized to refer a matter otherwise delegated to the Planning Commission and to solicit the opinion of department heads with regard to any question regarding the site plan review or of the impact of the proposed construction or alteration of the structure(s) on adjacent properties. The City Manager or designee may further waive the data submission requirements of this section and accept a site plan with the following limited information:

         a.   A legal description of the subject property;

         b.   A description of the land uses surrounding the project;

         c.   Date, north point and scale;

         d.   The dimensions of all lot and property lines;

         e.   The siting of all structures on the subject property;

         f.   Significant environmental features such as wetlands, trees, bodies of water, and;

         g.   A description of the proposed project.

(Ord. 188, eff. 2-25-1981; Ord. 379, passed 4-9-2018; Ord. 385, passed 11-11-2019)

   The provisions of this section allow larger, older houses, particularly those within established historical districts, to convert to bed and breakfast facilities; provided that, the following conditions are met.

   A.   The minimum lot size shall be 7,500 square feet with a minimum frontage of 60 feet on a public street.

   B.   A residence shall not have or be converted to more rental rooms than the number of bedrooms which exist at the time of enactment of this amendment.

   C.   The minimum size of rental room shall be: one person: 90 square feet; two persons: 120 square feet; three or more persons: 50 square feet per person.

   D.   The minimum size for manager/owner living quarters shall be 450 square feet, excluding common areas and areas devoted to kitchen and baths.

   E.   A common room or area for relaxation of guests is required. For those facilities which are not owner occupied, a manager must reside on the premises and have an equity interest in the facility.

   F.   One off-street parking space shall be provided for each rental room in addition to the two off-street spaces required for single-family dwellings. Parking shall be adequately screened from adjacent residentially developed or zoned property.

   G.   Bathrooms must be furnished for guest rooms at a ratio of not less than one bathroom (minimum three-fourths bath) per four rental rooms.

   H.   The premises (including corner lots) may be permitted one advertising sign not exceeding six square feet in area.

   I.   Approval by the Building Inspector is required prior to occupancy of the facility. Thereafter, the Building Inspector shall conduct an annual compliance inspection.

   J.   The operation shall be in compliance with all applicable state, county and local regulations, including the city’s Minimum Housing Code.

   K.   The maximum stay at a bed and breakfast facility shall be 30 continuous days.

   L.   A site plan shall be submitted in accordance with § 53-128.

   M.   The use of the facility shall not, in the judgment of the City Planning Commission and the City Council, be detrimental to adjacent land uses and the immediate neighborhood. If for any reason the bed and breakfast facility ceases operation for a period of six continuous months, the facility shall revert back to its original use.

(Ord. 188, eff. 2-25-1981)

   In order that this chapter be flexible and reasonable, special approval uses are provided for in various zoning districts and require special approval use permits granted by the City Council after the body has received a written recommendation from the City Planning Commission. Conformance to special approval use standards is required in addition to all other requirements of this chapter. All uses are declared to possess characteristics of the unique and distinct form that each specific use shall be considered on an individual case. The granting of a special use permit does not negate the requirements for any other required permit(s).

   A.   Standards for the consideration of special approval uses. The review of a special approval use shall consider the following:

      1.   The general safety, health and welfare of the community-at-large; this shall include:

         a.   Accessibility of the property in question to fire and police protection;

         b.   Traffic conditions, creating or adding to a hazardous situation;

         c.   Transportation design requirements, if any, which will be needed to accommodate any traffic impact for the use intended; and

         d.   Appropriateness of the location, nature and height of the proposed use to the size, type and kind of buildings, uses and structures in the vicinity and adjacent properties, including the safety and convenience of people therefrom.

      2.   Any potential decrease in the market value of adjacent buildings, uses and structures which are permitted by right under current zoning, if the proposed use is granted;

      3.   Harmony with the Land Use Planning Program of the city. This considers whether the location and size of the proposed use, the nature and intensity of the activities involved, the size of the site with respect to existing and future streets (giving access to it), parks and drainage systems will be in harmony with the Land Use Plan of the city and the character of land use which is intended by the Land Use Plan for the area or district in question;

      4.   Impact from the applicant’s proposed use, its location and intensity and the height of its buildings, walls, fences and other structures upon the appropriate character of development intended for the area as deemed desirable by the city’s Land Use Plan;

      5.   Any hazards arising from storage and use of inflammable fluids; and/or

      6.   The operations in connection with any special approval use shall not be environmentally objectionable to nearby properties by reason of noise, fumes, pollution, vibration or lights to an extent which is more than would be the operations of any use permitted by right for that district wherein the special use is proposed.

   B.   Conditional approval.

      1.   As a condition of granting a special approval use permit, the City Council may require that certain development precautions and remedies be taken by the applicant in order to satisfy the special approval use review standards and the site plan review standards set forth in this chapter; and which essentially are designed to protect the general health, safety and welfare, as well as to promote environmental preservation and nuisance abatement. Site development guidelines are provided in this chapter. They include, but are not limited to, drainage, soil erosion, planning and design of site, fencing, screening, buffer strips, landscaping, on-site lighting, signing and off-street parking. The measures must be incorporated by the applicant onto the site plan and maintained at all times.

      2.   Compliance with performance standards for certain uses enumerated in this chapter is required.

   C.   Site plan approval required. Site plan approval is required by the City Council for all special approval use permits after the Council receives a recommendation from the Planning Commission.

   D.   Time constraints. A special approval use permit shall be deemed to authorize only one particular special approval use and shall expire if the special approval use shall cease for more than 12 months for any reasons. Initial development must begin within the one-year extension granted by City Council. More stringent requirements may be imposed, if, in the judgment of the City Council, a 12-month discontinuance may have a negative impact on adjacent land uses.

   E.   Existing violations. No permit shall be issued for a special approval use for a property where there is an existing violation of this chapter (an unlawful nonconformity).

   F.   Decisions in writing. It is further provided that in granting or denying a special approval use permit, the City Council shall specify in the written decision the particular reason relied upon and its relation to the proposed use.

   G.   Appeals. Any and all appeals regarding a decision or condition imposed upon a special approval use application may be made to the Zoning Board of Appeals within 30 days from the date of decision or imposed condition.

   H.   Application procedures for special approval permits by the City Council. Prior to construction or physical development of a proposed special approval use, as specified by this chapter, an application for a special approval use permit must be obtained. An application for a special approval use permit must be made to the City Clerk.

      1.   Contents of application. Among the data to be supplied by the applicant and which shall constitute the application package, the following shall be included:

         a.   Name and address of applicant or applicants and owner of record.

         b.   Location, shape, area and dimension of the lot and of the proposed structure or improvement (shown on a site plan);

         c.   Description of proposed use and of the building (dwelling, structure, barn, garage, etc.) or improvement;

         d.   The proposed number of sleeping rooms, dwelling units, occupants, employees, customers and other users;

         e.   The yard, open space and location of parking space (as shown on a site plan); and

         f.   A required site plan which must be approved before any granting of a special approval use permit.

      2.   A fee as set by the City Council and listed in the city’s schedule of fees shall accompany any plans or applications in order to defray the cost of administration and inspection.

      3.   General procedural steps. Upon submission of an application for a special approval use permit;

         a.   The City Clerk:

            (1)   Reviews the application package:

               (a)   To make sure that it is the proper application for the zoning action requested;

               (b)   To see that all required information is submitted; and

               (c)   To make sure that the proposed use is permitted in a particular district by special approval use permit.

            (2)   Takes one or more of the following actions:

               (a)   Requests from the applicant that any omitted or pertinent and necessary information now be submitted;

               (b)   If necessary, seeks ordinance interpretation from the Board of Appeals;

               (c)   Makes advisory comments about the site plan based on site plan review standards;

               (d)   Forwards the complete application with comments to the City Planning Commission for review and recommendation; and/or

               (e)   Forwards site plan to various departments for technical review.

         b.   The Planning Commission:

            (1)   Reviews the site plan according to site plan review standards, as set forth in this chapter;

            (2)   Reviews the proposed special approval use according to standards for special approval use permits, as set forth in this chapter;

            (3)   Reviews for compliance with any and all additional site facility design requirements and standards, as may be required by this chapter; and

            (4)   Give a public notice in a newspaper of general circulation of official receipt of an application for a special approval use permit which:

               (a)   Describes the nature of the special approval use request;

               (b)   Indicates the property in question;

               (c)   States the time and place where the special use request will be considered;

               (d)   Indicates when and where written comments will be received concerning the request; and

               (e)   Indicates that a public hearing by the Planning Commission on the proposed special approval use is optional, but may be requested by any property owner or the occupant of any structure located within 300 feet of the boundary of the property being considered for a special approval use permit.

      4.   This notice is also mailed or delivered to property owners and occupants within 300 feet of the property in question. These notices must be made between five and 15 days before the date on which the application is to be considered. A record of mailing or delivery of notice must be maintained. All public input is considered and evaluated. A summary of the public comments should be retained for the record.

      5.   Advertises and holds a “public hearing”, but only if requested by the Planning Commission, the applicant or any owner of property (or the occupant of any structure) located within 300 feet of the boundary of the subject property. Proper notice of the public hearing shall be given in the same manner and content as described above in “public notice of receipt”; except that it shall be known as the “notice of public hearing” and further that this division is omitted.

   I.   Planning Commission report and recommendation.

      1.   After thoroughly evaluating all factors in the application, the Planning Commission shall make a recommendation to Council for one of the following actions:

         a.   Approval;

         b.   Approval with identified conditions; or

         c.   Denial.

      2.   The recommendation shall be in writing and shall be submitted to Council within 45 days of having received the application.

   J.   Final approval, denial or approval with conditions by Council to be in writing.

      1.   The City Council shall consider the application in light of the Planning Commission’s recommendations and make its decision within 30 days of having received the recommendation.

      2.   When an application for a special approval use permit is finally approved, denied or approved subject to conditions, the decision must be incorporated into an official written statement which contains the conclusions relative to the special approval use permit request. The decision shall specify the basis for the decision, any conditions which may be imposed in the case of approvals. When conditions are imposed, they must be reasonable and address the following criteria:

         a.   The proposed use will not adversely affect existing adjacent uses;

         b.   There will be no adverse affect upon public health, safety or general welfare and that it will not impair the intent of this chapter;

         c.   The conditions will be designed to protect natural resources, the health, safety and welfare and the social and economic well being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity and the community as a whole;

         d.   The conditions will be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity;

         e.   The conditions will be necessary to meeting the intent and purpose of the zoning ordinance, be related to the standards established in the ordinance for the land use or activity under consideration and be necessary to ensure compliance with those standards; and

         f.   The conditions imposed with respect to the approval of a special approval use shall be recorded in the record of the approval action and shall remain unchanged, except upon the mutual consent of the City Council and the landowner. The approving Council shall maintain a record of conditions which are changed.

   K.   Inspection. At least two site inspections by the Building Inspector must be held: one during development and one before the use or structure is occupied. If development is phased or in stages, then two inspections per phase or stage shall be made.

(Ord. 188, eff. 2-25-1981)

   The provisions of this section allow outdoor display of merchandise in the C-1, C-2 and CBD zoning districts by retail businesses other than open air businesses; provided that:

   A.   Merchandise shall be limited to that normally sold by the business, including the sale of seasonal merchandise such as Christmas trees and seasonal produce;

   B.   In the case of sales of cut trees intended to be displayed during the Christmas season, all trees, poles, lights, wires or other items incidental to this use shall be removed from the premises by December 31;

   C.   Merchandise shall not be stored in any required yard space, landscaped areas or required off-street parking or loading area;

   D.   Merchandise displayed in the public right-of-way shall abut the building whenever possible and shall be located so as to leave a minimum of a six-foot unobstructed sidewalk width for the safe and convenient circulation of pedestrians;

   E.   Merchandise shall not be displayed beyond the hours of operation of the business without approval from the City Planning Commission and City Council;

   F.   Merchandise shall be for display only and not in a state of operation;

   G.   Merchandise shall not have sharp edges, open flames, barbed wire or otherwise represent a health and safety hazard to customers or passers-by;

   H.   A site plan showing the proposed location of the outdoor display area shall be submitted for review by the Planning Commission and approval by the City Council; and

   I.   There shall be no loose piles of mulch, wood chips, fertilizer, top soil, sand or landscaping stone, (other than that associated with a lawn and garden center). All materials shall be stored in bags and stacked in neat piles.

(Ord. 188, eff. 2-25-1981)

   Restaurants shall be permitted by special permit to operate outdoor cafés or eating areas, on frontage sidewalks (located between the front of the building and the roadway), including areas within the public right-of-way and in courtyards; provided that, pedestrian circulation and access to store entrances shall not be impaired.

   A.   Permit required. Any establishment in the city which is licensed to sell food for consumption may apply to the City Council by and through the City Clerk’s office for a special permit to conduct a portion of the licensed business in a sidewalk café on a part of the public way immediately adjoining the licensed premises. The permit shall be valid for one year from the date of Council approval and renewable on an annual basis.

   B.   Restrictions.

      1.   Each permit issued for a sidewalk café shall be valid during the period from April 1 at to November 1 at of the calendar year the permit is issued.

      2.   Each permit issued pursuant to this article shall specify the area in which the café may be operated; provided that, no sale or service shall be permitted in any portion of the street designated for vehicular travel.

      3.   Permit procedure:

         a.   An applicant for a permit under this article shall file his or her application therefore with the City Council on forms provided by the City Clerk. A scaled diagram will be required to be submitted with information as requested on the application, including, but not limited to, the dimension of the sidewalk café area, position of tables, fixtures and anything else to be placed on the sidewalk and the width of the sidewalk remaining for pedestrian use. In the case of establishments holding licenses for on-sale liquor, this diagram will be considered an expansion of the previously designated premises for the sale of liquor.

         b.   The City Clerk shall also notify the Public Services Department, the Police Department and the County Health Department of the application and they shall each report to the City Clerk and make recommendations as they deem appropriate.

         c.   The recommendation of these departments, including the recommended minimum unobstructed sidewalk width necessary for pedestrian traffic on the application, shall be reported to the City Council for its action.

   C.   Insurance. No permit authorized by this article shall be effective until the applicant has filed with the City Clerk evidence of insurance insuring the applicant against liability imposed by law arising out of the ownership, maintenance or operation of the sidewalk café in amounts of at least $50,000 for the injury or death of one person; $300,000 for the injury or death of two persons; and $10,000 for damage to property.

   D.   Permit suspension and revocation. Any special permit authorized by this article may be revoked at any time by the City Council when it appears that adequate grounds exist. Any permit may be suspended by the City Council for the period as the Council shall determine.

   E.   Permit fees. Each year at the time of filing the application for a permit, the applicant shall pay to the City Clerk the sum of $50.

   F.   General requirements.

      1.   To allow for pedestrian circulation, a minimum of four feet of sidewalk along the curb and leading to the entrance to the establishment shall be maintained free of tables and other encumbrances.

      2.   The outdoor eating area shall not exceed 15% of the gross floor area of the principal building.

      3.   Planters, posts with ropes or other removable enclosures are encouraged and shall be used as a way of defining the area to be occupied by cafés.

      4.   Extended awnings, canopies or large umbrellas shall be permitted and located to provide shade. Colors shall complement building colors. Awnings and canopies shall have at least eight feet of open vertical clearance between the sidewalk and the bottom edge of the awning or canopy. Large umbrellas shall provide at least six feet of open vertical clearance between the sidewalk and bottom edge of the umbrella.

      5.   Tables, chairs, planters, trash receptacles and other elements of street furniture shall be compatible with the architectural character the building where the restaurant is established and the existing street furniture provided by the city.

      6.   Outdoor cafés shall not be entitled to additional signage beyond what is permitted for the permanent establishment.

      7.   The outdoor eating areas shall not be located within 30 feet of any properties zoned for residential purposes. The area shall be completely screened from view from all residential properties by an obscuring wall or greenbelt.

      8.   The operators of outdoor cafés shall be responsible for maintaining a clean, litter-free and well-kept appearance within and immediately adjacent to the area of the outdoor seating area. Outdoor cafés shall be required to provide additional trash receptacles.

      9.   All vending machines shall be located within a completely enclosed building.

   G.   Riverwalk seating. Restaurants located along or within 300 feet of the riverwalk may maintain limited seating on the riverwalk, subject to the requirements and restrictions of divisions A. through G. of this section.

   H.   Deck seating. Restaurants may provide outdoor seating on open or enclosed decks located in either the side or rear yard of the facility. The seating shall be subject to the requirements and restrictions of divisions A. through G. of this section.

(Ord. 188, eff. 2-25-1981)

   A.   Home occupations shall be approved by the Zoning Administrator, who may issue a certificate of occupancy, which shall specify the home occupation as to use, size, and the specific measures by which compliance with this section will be maintained.

   B.   The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 20% of the floor area of the dwelling shall be used in the conduct of the home occupation (not including basement area). No part of the home occupation shall be conducted in any accessory building.

   C.   There shall be no change in the outside appearance of the building that would indicate the presence of a home occupation, or depart from the residential character of the dwelling or the immediate neighborhood.

   D.   There shall be no sale of products or services except as are produced on the premises or those products that may be directly related to and incidental to the home occupation. There shall be no outdoor, on-site storage of materials, equipment or accessory items and/or display of materials, goods or supplies used in the conduct of the home occupation.

   E.   The home occupation must not require parking spaces in excess of two spaces, located in the driveway or on the street directly adjacent to the property.

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

   G.   No more than two customers, clients, students or patients shall be on the premises in which a home occupation is located at any one time.

   H.   Visits by customers, clients, students or patients to a home occupation shall be limited to between the hours of 7:00 a.m. to 5:00 p.m., local time. A relative on the premises for purposes other than availing him or herself of the services of a home occupation shall not be required to adhere to the requirements of this division H.

   I.   All applicable building, housing, fire and other local or state codes and ordinances shall be adhered to for home occupations.

   J.   A registered primary caregiver, as defined by and in compliance with the General Rules of the Michigan Department of Community Health (the “General Rules”), the Michigan Medical Marihuana Act (the “Act”), and the requirements of this section, shall be allowed as a home occupation. Nothing in this section, or in any companion regulatory section adopted in any other provision of this chapter, is intended to grant, nor shall they be construed as granting immunity from prosecution for the growing, sale, consumption, use, distribution or possession of marihuana not in strict compliance with the Act and the General Rules. Also, since federal law is not affected by the Act or the General Rules, nothing in this section, or in any companion regulatory section adopted in any other provision of this chapter, is intended to grant, nor shall they be construed as granting immunity from criminal prosecution under federal law. The Act does not protect users, caregivers or the owners of properties on which medical use of marihuana is occurring from federal prosecution, or from having their property seized by federal authorities under the Federal Controlled Substances Act. The following requirements for a registered primary caregiver shall apply:

      1.   The medical use of marihuana shall comply at all times and in all circumstances with the Michigan Medical Marihuana Act and the General Rules of the Michigan Department of Community Health, as they may be amended from time to time.

      2.   A registered primary caregiver must be located outside of a 1,000-foot radius from any school or library, as defined by the Michigan Public Health Code, 1978 PA 365, as amended, M.C.L.A.. 333.7410, to insure community compliance with federal “Drug-Free School Zone” requirements.

      3.   Not more than one primary caregiver shall be permitted to service qualifying patients on a parcel.

      4.   Not more than five qualifying patients shall be assisted with the medical use of marihuana within any given calendar week.

      5.   All medical marihuana shall be contained within the main building in an enclosed, locked facility, inaccessible on all sides and equipped with locks or other security devices that permit access only by the registered primary caregiver or qualifying patient, as reviewed and approved by the City Building Official and the City Police Department.

      6.   All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of the residential structure in which electrical wiring, lighting or watering devices that support the cultivation, growing or harvesting of marihuana are located.

      7.   If a room with windows is utilized as a growing location, any lighting methods that exceed the usual residential periods between the hours of 11:00 p.m. to 7:00 a.m., local time, shall employ shielding methods, without alteration to the exterior of the residence, to prevent ambient light spillage that may create a distraction for adjacent residential properties.

      8.   That portion of the residential structure where energy usage and heat exceeds typical residential use, such as a grow room, or where the storage of any chemicals such as herbicides, pesticides and fertilizers occurs, shall be subject to inspection and approval by the City Fire Department to ensure compliance with applicable provisions of the fire code.

      9.   A registered primary caregiver, as defined by and in compliance with the General Rules and the Act, assisting, exclusively, one registered qualifying patient, as defined by and in compliance with the General Rules and the Act, in the medical use of marihuana shall not be required to comply with the home occupation requirements of this section, provided that each of the following conditions are continuously met:

         a.   The registered primary caregiver and the registered qualifying patient reside in the same residential dwelling;

         b.   The registered qualifying patient is the spouse, child, sibling, parent or immediate family member of the registered primary caregiver;

         c.   The medical use of marihuana complies at all times and in all circumstances with the Michigan Medical Marihuana Act and the General Rules of the Michigan Department of Community Health, as they may be amended from time to time.

         d.   All medical marihuana shall be contained within the main building in an enclosed, locked facility, inaccessible on all sides and equipped with locks or other security devices that permit access only by the registered primary caregiver or registered qualifying patient.

(Ord. 358, adopted 4-11-2011)

   All animal boarding facilities shall comply with the requirements of this section.

   A.   The permanent building or structure used in the operation of an animal boarding facility shall be provided with proper sanitary refuse receptacles, and with floors that can be properly cleaned and flushed.

   B.   Fenced yard areas used in conjunction with an animal boarding facility shall be determined by site plan and shall comply with § 53-125 of this chapter. Animals shall be under direct supervision at all times while kept in any fenced yard area.

   C.   No more than 15 animals shall be boarded, housed or otherwise kept at an animal boarding facility at any one time.

   D.   Boarding shall only occur within the permanent building or structure used in the operation of an animal boarding facility.

   E.   The operator of an animal boarding facility shall comply with all applicable laws, rules and regulations of the State of Michigan and the County of Allegan, including, without limitation, regulations pertaining to the proper age of animals, health, spaying and/or neutering requirements, and vaccination requirements.

(Ord. 361, adopted 9-12-2011)

   A.   Intent. Since every potential land use cannot be addressed in the Zoning Ordinance, each district may accommodate similar uses, as referenced in this section.

   B.   Decision. All applications for a use not specifically addressed in a zoning district, or inquiries concerning a use, shall be submitted to the Zoning Administrator for review and a decision.

      1.   Factors. The Zoning Administrator shall base their determination on the following factors:

         a.   The proposed use is not listed as a permitted or special land use in any other zoning district.

         b.   The use is consistent with the district purpose.

         c.   The use is similar to other allowed uses relative to its character, scale, and overall compatibility.

         d.   The use is not expected to create objectionable impacts to public health, safety, and welfare if it were established in the applicable zoning district.

         e.   The use would not be more appropriate within a different zoning district.

      2.   Zoning Board of Appeals. The Zoning Administrator may, in their sole discretion, submit a proposed use to the Zoning Board of Appeals for a similar use determination if consideration of the review factors does not lead to a clear conclusion.

   C.   Compliance. If a proposed use is determined to be similar to a use listed within the district, the proposed use shall comply with all the standards or requirements associated with the listed use. If the named use is a special land use within the applicable zoning district, the use shall be reviewed and approved per the applicable requirements within the Zoning Ordinance.

   D.   Determination. The determination of whether a proposed use is similar to another listed use shall be considered as an interpretation of the use regulations and is not determined to be a use variance. Once a use has been determined to be similar, it shall be specifically determined to be the named use with which it shares similarities.

   E.   Prohibited use. If a use is not specifically listed anywhere in this ordinance and is not determined to be similar to any other specifically listed uses, the use-is prohibited .

   F.   Notification. In the event the Zoning Administrator has made a determination in accordance with this provision, the Zoning Administrator shall notify the Planning Commission during the subsequent regularly-scheduled meeting.

(Ord. 379, passed 4-9-2018)

   B.   No person shall keep chickens unless they comply with the following requirements:

      1.   Prior to keeping any chickens, a backyard chicken permit shall be obtained, along with any fee required by the City Council. A backyard chicken permit shall be valid indefinitely or until the property is sold or transferred to another owner unless the permit is suspended or revoked

      2.   The keeping of chickens is permitted only on lots where the principal use is a single-family dwelling in the R-1A and R-1B zoning districts. The single-family dwelling shall be owner- occupied. The keeping of chickens in all other zoning districts is prohibited.

      3.   The maximum number of chickens permitted per property shall be three. Roosters are prohibited.

      4.   Chickens shall be provided, and maintained within, a fully enclosed, roofed structure at all times.

      5.   All areas accessible to the chickens, including the structure and run, shall be contained in a single enclosure not to exceed 60 square feet in footprint and six feet in height measured from the immediate surrounding grade.

      6.   The enclosure shall be constructed of durable, conventional residential building materials suitable for the purpose intended, and in a manner which serves to enhance the aesthetic appearance of the neighborhood or surrounding area. The use of tarps, scrap materials, plastic sheeting, and similar non-rigid or poor-quality coverings is prohibited.

      7.   The enclosure shall have chicken wire or similar material embedded 12 inches into the ground around the enclosure to deter predators from digging under the enclosure wall. The enclosure may alternatively be raised or contain a durable, hard surface bottom to accomplish the same.

      8.   The enclosure shall be located in the rear yard and at least 20 feet from the side and rear property lines.

      9.   The enclosure shall be maintained in a clean and orderly fashion.

      10.   Chicken feed shall be kept in a vermin-proof sealed container.

      11.   Slaughtering of chickens is not permitted.

      12.   Eggs shall not be sold on the property at retail.

(Ord. 398, eff. 9-26-2024)