The regulations in this chapter shall be subject to the following interpretations and exceptions.

(Ord. of 10-6-03)

It is the intent of this chapter to place essential services or property owned, leased, or operated by public agencies, including local, state, federal or any other public or governmental body or agency or public utilities under the provisions of this chapter, as follows:

(1)

Where such uses are specifically listed they shall be governed as indicated.

(2)

Where such uses are not specifically listed, they shall be permitted only in districts permitting private uses of a similar nature.

(3)

Property owned, leased, or operated by the State of Michigan or the United States shall be exempted from the provisions of this chapter only to the extent that said property may not be constitutionally regulated by the city.

(4)

Although exempt from certain regulations, proposals for construction of essential services shall still be subject to site plan review, or administrative site plan review, it being the intention of the city to achieve efficient use of the land and alleviate adverse impact on nearby uses or lands. Essential services shall comply with the applicable regulations that do not affect the basic design or nature of operation of said services.

(Ord. of 10-6-03)

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 a municipal or other public election.

(Ord. of 10-6-03)

The height limitations of this chapter shall not apply to farm buildings, chimneys, church spires, flag poles, public monuments or wireless transmission towers excluding cellular telephone facilities; provided, however, that the zoning board of Appeals may specify a height limit for any such structure when such structure requires authorization as a special use under section 78-281.

(Ord. of 10-6-03)

Any lot existing and of record at the time this chapter became effective [February 11, 1992] may be used for any principal use, other than uses permitted on special approval for which special lot area requirements are specified in this chapter, permitted in the district in which such lot is located. This provision applies whether or not such lot complies with the lot area requirements of this chapter, provided that all requirements other than lot area requirements prescribed in this chapter are complied with; and provided that not more than one dwelling unit shall occupy any lot except in conformance with the provisions of this chapter for required lot area for each dwelling unit.

(Ord. of 10-6-03)

Fences or walls in residential districts may be constructed within a required rear or side yard, or along such property line as provided in accordance with City Code, Chapter 18, Article 10.

(Ord. of 10-6-03)

(a)

Condominium ownership imposes, in any use district, problems which are separate and distinct from those under other established types of development, control and ownership. A single structure or a group of structures incorporates several different real estate and tax entities, thus creating new aspects of municipal responsibility and administration affecting the public health, safety and general welfare.

(b)

In order to adequately and properly protect the interests of the community, assure a desirable and stable environment in harmony with that of the surrounding area and provide the special amenities and safeguards considered essential to the characteristics of individual ownerships, condominiums shall be subject to the following:

(1)

No condominium shall be developed, nor shall any existing structure be converted to a condominium in any use district until after a permit has been issued. Such permit shall be issued only upon the approval of the planning commission. As a basis for issuance of a permit, the complete plans, specifications and master deed shall be submitted, and shall be reviewed as to compliance with the following objectives:

a.

Parking provisions shall be adequate to fulfill expected requirements, which may exceed otherwise prescribed criteria and may necessitate enclosed or covered parking in closer proximity to units.

b.

Complete pedestrian circulation shall be provided within the development via corridors or adequate sidewalks, which shall connect with public sidewalks at convenient intervals.

c.

Outdoor open space shall be provided to meet the health and recreational needs of the owners and, where individual open spaces are considered necessary, privacy of each shall be assured by effective screening.

d.

Privacy of individually owned units shall be assured by orientation or other means to assure visual privacy from casual pedestrian traffic and from nearby units. In addition, protection against noise infiltration shall be assured by special and adequate acoustic treatment of walls, floors, ceilings, window openings and of utility lines (water and sewer) to eliminate or reduce to an acceptable level sound transmission into, between or from individual units.

e.

Security of individual units shall be provided by adequately fire-rated vertical and horizontal partitions separating units.

(2)

No condominium shall be permitted in any use district unless it complies fully with use, area, height, bulk and all other requirements of that district as provided by other sections of this chapter.

(3)

A site plan prepared in accord with Article XX shall be submitted for the entire site proposed to be developed for review by the planning commission.

(Ord. of 10-6-03)