A.    Principal Building Required. Accessory structures or buildings may only be constructed on a lot that contains a principal building. No accessory structure or building may be constructed on a lot that does not have a principal building.

B.    Appearance. The exterior facade materials and architectural design of all accessory structures shall match the character of the use to which they are accessory. The overall appearance of the structure shall be in accordance with the purpose of the district where it is located.

C.    Temporary Accessory Structures. Temporary accessory structures that do not require permanent attachment to the ground but have similar characteristics as an accessory structure such as moveable carports shall comply with the setback requirements for detached accessory structures.

D.    Accessory Structures in Residential and C-O Districts.

1.    Swimming pool or other recreational equipment shall be located in rear or side yards, except that such equipment shall have a setback equal to that required for a principal building in a side street yard on a corner lot having an abutting interior lot along its side street.

2.    Communication facilities, mechanical equipment and other similar incidental equipment may be located within the rear or side yards and shall be setback at least 15’ from any side lot line except that such equipment shall have a setback equal to that required for a principal building in a side street yard on a corner lot having an abutting interior lot along its side street.

E.    Maximum Number of Accessory Structures. The maximum number of accessory structures located on any residentially zoned lot shall not exceed two structures and the allowable square footage outlined in each zoning district.

(Ord. No. 2291, § 1(F), 6-27-13)

A.    The outer perimeter of a an attached deck may extend up to 20 feet from the main building, but in no case may be located closer than 15 feet to a rear property line or 5 feet to a side property line.

B.    The surface of any attached deck that extends more than 8 feet from the face of the building to which it is attached may not be higher than the first floor elevation of the principal structure.

A.    Residential Districts. Fences are permitted in residential and C-O districts as follows:

1.    Height requirements.

a.    Front or Side Street Yards. In any R-1 and R-2 district, decorative, non-opaque fences such as wood picket fences or wrought iron-appearing fences not exceeding four feet in height measured above immediate ground level are permitted in front yard.

b.    Rear or Interior Side Yards. Decorative or concealing or opaque type fences or walls not exceeding six feet in height above immediate ground level are permitted in side or rear yards.

2.    Location. Fences may be located in any required or non-required yard.

3.    Materials. Barbed wire and other similar hazardous materials are prohibited in residential districts.

B.    Industrial Districts. Fences are permitted in the M-1, M-2, and IP-1 districts as follows:

1.    Front Yards. Decorative fences not exceeding three feet in height are allowed within the required front yard.

2.    Rear and Side Yards. Walls or fences not exceeding eight feet in height are permitted in side yards, rear yards and non-required front yards.

C.    Mixed Use Districts. Fences are permitted in the mixed use districts as follows:

1.    Front Yards. Decorative fences not exceeding three feet in height are allowed within the front yard (except as provided in subsection (C)(3) of this section).

2.    Rear and Side Yards. Walls or fences up to six feet in height are permitted in side and rear yards. All fences in mixed use districts shall be decorative in nature, and barbed wire and other hazardous materials are prohibited.

3.    Building Facade Wall Plane. Maximum height for fences between the building wall plane and the street is six feet.

D.    General Requirements. All fences shall comply with the following general requirements:

1.    Materials.

a.    In and Near Residential Districts. Materials used for fences and walls located within 200 feet of a residential district shall consist of wood, brick, masonry, wire mesh, metal bars not exceeding one and one-half inches in diameter or other durable and weather-resistant materials which may be approved by the building official.

b.    Screening Walls. Any wall used for screening purposes shall be constructed of masonry material (e.g., brick, decorative stone) that is architecturally compatible with the materials used on the facade of the principal structure on the site. Concrete block may only be used for screening walls in the rear yard.

2.    Maintenance. Walls and fences shall be maintained in good condition. Rotten, crumbled, or broken components shall be replaced, repaired, or removed. As required, surfaces shall be painted, stained, or similarly treated so as to prolong the life of the structure.

3.    Prohibited Obstructions.

a.    Clear Vision Area. Fences shall not be erected within the public right-of-way or in any corner clear vision area as described in Section 2.303.

b.    Obstruction of Adjacent Uses Prohibited. No wall or fence may be erected where it would prevent or unreasonably obstruct the use of any adjacent parcel, nor shall a wall or fence be erected where it would prevent or unreasonably obstruct the safe use of an existing driveway or other means of access to any adjacent parcel. In enforcing this provision, the City may require a wall or fence to be set back a minimum distance from a driveway or property line.

4.    Orientation of finished side. Where a fence has a single finished or decorative side, it shall be oriented to face outward towards adjacent parcels or street rights-of-way (away from the interior of the lot to which the fence is associated).

5.    Site drainage and utilities. Fences shall not be erected in a manner that obstructs the free flow of surface water or causes damage to underground utilities.

6.    Location. Fences shall be located completely within the boundaries of the lot to which they are associated, or on a common property line with the written and notarized consent of adjacent property owners.

7.    Removal of illegal or damaged fences. Damaged or illegal fences shall be immediately repaired or removed by the property owner. Upon identification of a damaged or illegal fence, the building official shall order the property owner to remove such fences or make necessary repairs within 20 days.

    If the property owner fails to take such actions within 20 days, the City may act to remove such fences at the expense of the property owner. The City may then place a lien on the property, adding necessary removal expenses to the tax bill for the property.

E.    Temporary Construction Fencing. Temporary fencing shall be installed on all residential and nonresidential construction sites to ensure security, public safety and mitigate noise and/or dust in accordance with the following:

1.    General Provisions.

a.    Temporary construction fencing shall be installed at the start of any site grading, excavation or building construction, renovation or demolition and be maintained and shall be removed before issuance of a certificate of occupancy from the Building and Safety Department.

b.    All construction fencing shall be constructed in a sound and sturdy manner and shall be maintained in a good state of repair, including the replacement of defective parts, and other acts required for maintenance.

c.    Temporary construction fencing shall not be permanently attached to the ground or attached to any other structure or material that is itself permanently attached to the ground.

d.    All temporary construction fencing to be secured with metal posts spaced eight feet on-center.

e.    Temporary construction fencing to be erected in the public right-of-way or driveway clear vision area shall be subject to the approval of DPW Director, City Engineer or designee.

f.    Temporary construction fencing shall not enclose a fire hydrant.

2.    Nonresidential Construction Sites.

a.    Permitted Materials:

i.    Six-foot chain link fence with fabric and/or vinyl screen is permitted.

ii.    Temporary construction fencing shall be installed on all property lines of the construction site property/parcel with the approval of the Building Official or designee.

iii.    Access opening(s) in the temporary construction fencing shall be protected by gates with chain link fence.

iv.    Screening made of fabric and/or vinyl must be attached to chain link on the outside of the temporary construction fence.

b.    Prohibited Materials:

i.    Plywood, metal sheets, or similar materials are not permitted.

3.    Residential Construction Sites.

a.    Permitted Materials:

i.    Four-foot snow fencing is permitted.

ii.    Temporary construction fencing at a residential construction site shall be limited to the area of construction, renovation and/or demolition area on the site. If the area exceeds 60 percent of the total parcel/property area, temporary construction fencing shall be located on all property lines of the construction site parcel/property.

b.    Prohibited Materials:

i.    Plywood, metal sheets, or similar materials are not permitted.

4.    Temporary Construction Fencing Signs.

a.    A temporary construction sign shall be installed in conformance to the Zoning Ordinance and Section 5.106, Temporary Signs. The provisions of this section shall precede over conflicting subsequent sections.

b.    Emergency access signs, access and safety signs, and visitor check-in signs may be attached to the fencing only on both sides of an entrance for a distance of ten feet, or at locations required by the Building Official or designee.

c.    Location of traffic control signs attached to temporary construction fencing shall be subject to the approval of DPW Director, City Engineer or designee.

(Ord. No. 2291, § 1(G), 6-27-13; Ord. No. 2371, 9-24-19)

A.    Intent and Definitions.

1.    This section is intended to be a regulatory ordinance in the public’s health, safety and welfare for the protection of all citizens who use donation boxes. The intent of this section is to impose restrictions and conditions on all donation boxes in the City so that they are, and remain, clean, safe and do not create hazards to pedestrians and to vehicular traffic. This ordinance codified in this section is passed under the City’s regulatory authority pursuant to MCLA 117.4 et seq., and the Pontiac City Charter.

2.    Definitions.

a.    Donation box means any metal container, receptacle, or similar device that is located on any parcel or lot of record within the City and that is used for soliciting and collecting the receipt of clothing, household items, or other salvageable personal property. This term does not include recycle bins for the collection of recyclable material, any rubbish or garbage receptacle or any collection box located within an enclosed building.

b.    Operator means a person who owns, operates or otherwise is in control of donation boxes to solicit collections of salvageable personal property.

c.    Permittee means a person over 18 years of age or an entity who is issued a permit authorizing placement of donation box(es) on real property.

d.    Property owner means the person who is an owner of real property where the donation box(es) are located.

e.    Real property, property or land means a lot of record located in the City of Pontiac.

B.    Donation Box Permit. No later than 30 days from the effective date of the ordinance codified in this section, no person shall place, operate, maintain or allow any donation box on any real property without first obtaining an annual permit issued by the Department of Building and Safety (“Department”), to locate a donation box.

C.    Application for a Permit.

1.    Any person desiring to secure a permit shall make an application to the Department of Building and Safety.

2.    A permit shall be obtained for each donation box(es) proposed. Combining fees for donation box(es) located on a lot of record may be addressed in the fee resolution.

3.    The application for a permit shall be upon a form provided by the Department and be signed by an individual who is an officer, director, member or manager of an entity applicant. The applicant shall furnish the following information:

a.    Name, address and email of all partners or limited partners of a partnership applicant, all members of an LLC applicant, all officers and directors of a non-publicly traded corporation applicant, all stockholders owning more than five percent of the stock of a non-publicly traded corporate applicant, and any other person who is financially interested directly in the ownership or operation of the business, including all aliases.

b.    Date of birth of individuals and date of establishment of an entity or the birth date of an individual applicant.

c.    Whether the applicant has previously received a permit for a donation box in the City or operates a donation box or similar type receptacle without a permit in the City.

d.    The name, address, email and telephone number of a contact person for all matters relating to a donation box located in the City.

e.    The physical address of the real property where the donation box is proposed to be located.

f.    A scaled drawing sufficient to illustrate the proposed location of the donation box on the real property, the dimensions of the proposed donation box and that the location complies with all code requirements.

g.    If not the owner of the real property, an affidavit from the property owner providing written permission to place the donation box(es) on the property, as well as an acknowledgment from the property owner of receipt of a copy of this section, shall be provided on a form provided by the Director. For purposes of this subsection, the affidavit and acknowledgment may be executed by an individual who is an officer, director, member or manager of an entity owning the property.

h.    A nonrefundable fee in an amount established by resolution of City Council.

i.    A payment in the amount of $500.00 which shall be held in escrow to ensure compliance with this section.

j.    Proof of general liability insurance no less than $1,000,000 per occurrence.

4.    Waiver of Permit Fee.

a.    The City will waive the permit fee if the applicant can provide the following:

i.    Documentation showing that the organization is a registered 501(c)(3) charitable organization as defined by the Internal Revenue Service.

ii.    Proof of ownership of both the proposed donation box(es) and the real property on which the donation box is proposed to be located, as well as documentation showing that the charitable organization intends to utilize the items donated to benefit the charitable purpose for which the organization was organized. Proof of ownership of the real property must be in the form of a property deed recorded with the Oakland County Register of Deeds. Proof of ownership of the donation box can come in the form of an affidavit executed by the owner of the donation box. Similarly, documentation of intent can come in the form of an affidavit executed by the owner of the donation box and real property.

b.    The intent of this waiver provision is to encourage charitable donations to charitable organizations located within the City of Pontiac which regularly maintain their property and contribute to the health, safety, and welfare of the residents of the City.

5.    Within ten days of receiving an application for a permit, the Director shall notify the applicant whether the permit is granted or denied. If the Director denies an application, the Director shall state in writing the specific reasons for denial.

6.    No person to whom a permit has been issued shall transfer, assign, or convey such permit to another person or legal entity.

7.    A person shall be issued a permit by the Director if the requirements of this section are satisfied.

D.    Requirements for a Permit.

1.    A permittee shall operate and maintain, or cause to be operated and maintained, all donation boxes located in the City for which the permittee has been granted a permit as follows:

a.    Donation boxes shall be metal and be maintained in good condition and appearance with no structural damage, holes or visible rust and shall be free of graffiti.

b.    Donation boxes shall be locked or otherwise secured in such a manner that the contents cannot be accessed by anyone other than those responsible for the retrieval of the contents.

c.    Donation boxes shall have, at minimum, in one-half-inch type visible from the front of each donation box, the name, address, email, website and phone number of the operator, as well as whether the donation box is owned and operated by a for-profit company or a not-for-profit company. The donation box shall not have information, advertising or logos other than those relating to the operator.

d.    Donation boxes shall be serviced and emptied as needed, but at least every 30 days.

e.    The permittee and property owner shall maintain, or cause to be maintained, the area surrounding the donation boxes free from any junk, debris or other material. The property owner shall be responsible to the extent provided by law for the City’s cost to abate any nuisance, in accordance with the City Code.

f.    Donation boxes shall:

i.    Not be permitted on any land used for residential purposes;

ii.    Not be permitted on any unimproved parcel, nor where the principal use of the land has been closed or unoccupied for more than 30 days;

iii.    Not be less than 1,000 feet from another donation box as measured along a straight line from one box to the other. Notwithstanding this separation requirement, up to two donation boxes on a single lot of record are permitted if the two donation boxes are side by side and are no more than one foot apart;

iv.    Not exceed seven feet in height, six feet in width and six feet in depth;

v.    Not cause a visual obstruction to vehicular or pedestrian traffic;

vi.    Not be placed closer than ten feet from: (A) a public or private sidewalk; (B) a public right-of-way; (C) a driveway; or (D) a side or rear property line of adjacent property used for residential purposes;

vii.    Not be placed within any public easement;

viii.    Not cause safety hazards with regard to a designated fire lane or building exit;

ix.    Not: (A) interfere with an access drive, off-street parking lot maneuvering lane and/or required off-street parking space to an extent which would cause safety hazards and/or unnecessary inconvenience to vehicular or pedestrian traffic; or (B) encroach upon an access drive, off-street parking lot maneuvering lane and/or required off-street parking space; and

x.    Be placed on a level, hard (asphalt or concrete) paved, dust-free surface;

xi.    Shall have adequate screening to shield the same from neighboring properties.

E.    Term of Permit and Renewal of Permit.

1.    The permit year shall begin on January 1 in each year and shall terminate on December 31 of the same calendar year. An annual permit issued between December 1 and December 31 of any year shall expire on December 31 of the calendar year next following issuance thereof. For year 2023 only, the annual permit fee shall be prorated.

2.    A donation box permit shall be renewed annually. The application for renewal must be filed not later than 30 days before the permit expires. The application for renewal shall be upon a form provided by the Director.

3.    The Director shall either approve or deny the renewal of a permit within ten days of receipt of the complete renewal application and payment of the renewal fee. Failure of the Director to act before expiration of the permit shall constitute approval of the renewal of the permit.

4.    A permit renewal fee set by resolution of the City Council shall be submitted with the application for renewal.

5.    Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the Director in writing of the intent to cancel the permit. The permit shall become void upon the Director’s receipt of a written notice of intent to cancel the permit.

6.    The Director shall approve the renewal of a permit if the Director finds that no circumstances existed during the term of the permit which would cause a violation to exist, and that at the time of submission of the application for renewal, or at any time during the renewal of the application for renewal, there were not circumstances inconsistent with any finding required for approval of a new permit. Any permittee whose permit has been revoked shall be denied renewal of the permit for the subsequent calendar year.

7.    If the permit expires and is not renewed, the donation box(es) must be removed from the real property within a maximum of ten days after expiration of the permit.

F.    Revocation of Permit, Removal of Donation Boxes and Liability.

1.    The Director shall have the right to revoke any permit issued hereunder for a violation of this section. Any of the grounds upon which the Director may refuse to issue an initial permit shall also constitute grounds for such revocation. In addition, the failure of the permittee to comply with the provisions of this section or other provisions of this code or other law shall also constitute grounds for revocation of the permit. The Director shall provide a written notification to the permittee and property owner stating the specific grounds for a revocation and a demand for correction and abatement. The notice shall allow a maximum of ten days from mailing of the notice to correct or abate the violation. Upon failure to make the correction or abatement, the permit shall be revoked by the Director and, thereafter, the permittee shall not be eligible for a permit on the property for the subsequent calendar year.

2.    Upon revocation, the donation box shall be removed from the real property within ten days and, if not so removed within the time period, the City may remove, store or dispose of the donation box at the expense of the permittee and/or real property owner, the cost of which shall be paid from the escrow fee secured at the time of the permit application. All costs exceeding the escrow fee associated with the removal of the donation box incurred by the City, or the City’s contractor, shall be the responsibility of the property owner. If such obligation is not paid within 30 days after mailing of a billing of costs to the property owner, the City may place a lien upon such real property enforceable as a tax lien in the manner prescribed by the general laws of this state against the property and collected as in the case of general property tax. If the same is not paid prior to the preparation of the next assessment roll of the City, the amount shall be assessed as a special tax against such premises on the next assessment roll and collected thereunder.

3.    A permit for a donation box may be revoked if any governmental authority or agency determines that the donation box has violated the Michigan Consumer Protection Act and/or the Charitable Organizations and Solicitations Act.

G.    Appeal to Planning Commission. Any person aggrieved by the decision rendered by the Director in granting or denying an application for a permit under this section or in revoking a permit issued under this section may appeal the decision to the Planning Commission. The appeal shall be made by filing a written notice thereof with the Department of Community Development setting forth the grounds for the appeal not later than ten days after receiving notice of the decision of the Director. The Planning Commission may grant relief if the applicant presents clear and convincing evidence that there was an error in the decision of the Director.

H.    Penalty and Remedies.

1.    In addition to revocation of permit pursuant to subsection F of this section, any person violating the provisions of this section is guilty of a civil infraction.

2.    In addition to the penalty provided in subsection (H)(1) of this section, any condition caused or permitted to exist in violation of the provisions of this section, or any ordinance, shall be deemed a new and separate offense for each day that such condition continues to exist.

3.    Nothing in this section shall prevent the City from pursuing any other remedy provided by law in conjunction with or in lieu of prosecuting persons under this subsection for violation of this section.

4.    The real property owner and permittee shall be jointly and severally liable for each violation and for payment of any fine and costs of abatement.

5.    No fines shall be imposed for a violation of this section until 90 days after its effective date. All donation boxes existing at the effective date of the ordinance codified in this section shall apply for a permit as required herein within 30 days of the effective date. Any donation boxes not in compliance with this section after 90 days of the effective date of the ordinance codified in this section shall be subject to all remedies for violation as provided herein.

I.    Repeal. All ordinance or parts of ordinances in conflict herewith are repealed only to the extent necessary to give this section full force and effect.

(Ord. No. 2409, 5-2-23)

A.    Intent and Definitions.

1.    The PODs ordinance is intended to be a regulatory ordinance in the public’s health, safety and welfare for the protection of all citizens who use donation boxes. The intent of this section is to restrict the use of PODs in the City as they are unsafe, unsanitary and create hazards to pedestrians and to vehicular traffic. The ordinance codified in this section is passed under the City’s regulatory authority pursuant to MCLA 117.4 et seq., and the Pontiac City Charter.

2.    “PODs” are defined as portable containers that are placed on a property for the purpose of storing, loading, and/or unloading furniture, clothing, or other personal or household belongings other than donation boxes as defined in Section 4.104.

B.    Permitted Usage. The use of PODs for storage is prohibited within the City of Pontiac for any period longer than 30 days in a 12-month period. In the event a resident would like to utilize a POD for storage, they must submit an application on a prescribed form to the City Planner’s office to notify the City of the intended use of a POD for a period of no longer than 30 days prior to the installation of the POD. This application must be signed by a member of the Planning Division before installation of the POD. This first 30-day period shall begin upon the installation of the POD by the resident. Residents are entitled to seek a maximum of two extensions from the initial 30-day approval. In order to seek an extension of the initial approval, a resident must provide proof of an open building permit to substantiate the need for additional storage due to an ongoing construction project. In no circumstances can any resident utilize a POD for a period longer than 90 days in one 12-month period.

C.    Penalty and Remedies.

1.    Any person violating the provisions of this section is guilty of a civil infraction.

2.    In addition to the penalty provided in subsection (C)(1) of this section, any condition caused or permitted to exist in violation of the provisions of this section, or any ordinance, shall be deemed a new and separate offense for each day that such condition continues to exist.

3.    Nothing in this section shall prevent the City from pursuing any other remedy provided by law in conjunction with or in lieu of prosecuting persons under this subsection for violation of this section.

4.    Any PODs not in compliance with this section after 90 days of the effective date of the ordinance codified in this section shall be subject to all remedies for violation as provided herein.

D.    Repeal. All ordinances or parts of ordinances in conflict herewith are repealed only to the extent necessary to give this section full force and effect.

(Ord. No. 2409, 5-2-23)

Streets in the City shall be designed to form an integrated network connecting adjacent developments and undeveloped parcels. Improved connection of newly constructed secondary streets to the existing street network will improve the network’s overall efficiency by providing a greater degree of route choice for vehicle and pedestrian traffic.

A.    Purpose. The City Council finds and determines that an interconnected street system is necessary in order to protect the public health, safety and welfare in order to ensure that streets will function in an interdependent manner, to provide adequate access for emergency and service vehicles, to connect neighborhoods, to promote walking and biking, to reduce miles of vehicle travel that result in lower air emissions and wear on the roadway, and to provide continuous and comprehensible traffic routes.

B.    Definitions.

1.    Links. A link is a segment of road between two intersections or from an intersection to a cul-de-sac or stub out. This includes interior road segments connecting to the exterior road network, exterior road network links, or connections to local streets in adjacent developments.

2.    Nodes are 1) intersections of three or more road links and 2) culs-de-sac. A stub-out at the property line is not considered a node.

3.    Exterior Road Network. The exterior road network consists of A and B streets as designated on the Zoning Map.

4.    Stub-out. A short road segment that is constructed to and terminates at a parcel line, and that is intended to serve current and future development by providing road connectivity between adjacent developments.

C.    Internal Street Network Design.

1.    Minimum Required Connectivity. To provide adequate internal connectivity within a development, the street network shall have a minimum connectivity index of 1.5. The connectivity index is defined as the number of street links divided by the number of nodes and link ends (See Figure 8).

Figure 8. Street Connectivity Index Calculation

2.    Cul-de-Sac Standards. Culs-de-sac shall have a maximum length of 600 feet, measured from the centerline of the intersection to the center point of the cul-de-sac.

D.    External Connectivity.

1.    Future Connections. To ensure future street connections where a proposed development abuts land that reasonably may be expected to be developed or redeveloped in the future, stub-outs shall be provided to the property line to extend the street system into the surrounding area.

    External connections are not required when no reasonable expectation exists that adjacent developed parcels will be redeveloped, or when a proposed development abuts a boundary such as a railroad, limited access highway, or natural feature that precludes the extension of the local street network.

2.    Existing Connections. New or proposed streets shall be coordinated with and connect to existing or planned streets on adjacent parcels.

3.    Traffic Calming or Vehicle Traffic Restrictions. If the reviewing authority determines that the proposed land use is incompatible with land uses on adjacent parcels, the required street connections may incorporate barriers to restrict vehicle traffic. In such a case, the street connections shall still be provided to the common property line to facilitate non-motorized connections, and to allow for vehicular connections in the future if a compatible land use is established on the adjacent parcel. The City shall retain the right to remove the barriers in such a case.

4.    Connection Spacing. Where future street connections must be provided to an external property line, such connections shall be spaced at intervals not to exceed 800 feet along each boundary that abuts potentially developable or redevelopable land.

E.    Street Design and Construction Standards. Streets, or similar easements for vehicular travel, shall comply with the requirements of the City Engineering Division and all Design Standards provided by Sections 106-126 through 106-132 of City Code. The City Planning Commission, subsequent to their consideration of the recommendations of the City’s Engineering Division and Traffic Safety Committee, may modify said standards, pursuant to Section 106-4 of City Code.

The following requirements shall apply to driveways for all non-residential and multiple family uses. Residential driveways are not subject to the requirements of this section.

A.    Driveway-Corner Separation. The following driveway separations shall be measured from the centerline of the driveway to the intersection of property lines at the corner:

1.    A & B Streets. Driveway approaches shall be separated at least 100 feet from a corner.

2.    C Streets. Driveway approaches shall be separated at least 40 feet from a corner.

3.    Waiver of Separation Requirements. When the above requirements cannot be met due to lack of frontage, the driveway may be located such that the radius will begin at the farthest property line from the corner.

B.    Driveway Spacing. The minimum spacing between driveways, measured from the centerline of each driveway, shall be as follows:

    The City Engineer may approve reduced driveway spacing only when a parcel cannot gain access to a public street due to lack of frontage, and when it is not reasonably feasible to use a shared access solution to provide access to the parcel.

C.    Shared Access.

1.    Joint Driveway. A joint private access easement may be required between adjacent lots fronting on arterial and collector streets in order to minimize the total number of access points along those streets and to facilitate traffic flow between lots. The location and dimensions of said easement shall be determined by the city engineer.

2.    Cross-Access. Private cross access easements may be required across any lot fronting on an arterial or collector street in order to minimize the number of access points and facilitate access between and across individual lots. The location and dimension of said easement shall be determined by the city engineer.

Essential services shall be permitted as authorized and regulated by law and other ordinances of the city, it being the intention hereof to exempt such essential services from the application of this ordinance.

New construction, additions and all exterior improvements, excepting routine maintenance and repair, of properties located within Pontiac’s designated Historic Districts (see Sec. 74-53 of City Code) requires prior approval by the Pontiac Historic District Commission, pursuant to Sections 74-51 thru 74-62 of City Code.

A.    Parking for non-commercial motor vehicles and not more than one commercial vehicles of less than one-and-one-half tons capacity, not in excess of those motor vehicles owned by the occupants, plus two additional off-street parking spaces. Off-street parking of any vehicle shall not be permitted within the front yard, except within an improved driveway pursuant to Section 114-70 of City Code.

B.    Permissible off-street parking lots require Site Plan Review pursuant of the requirements of this ordinance.

C.    The storage of one unoccupied trailer coach or small utility trailer and/or a single watercraft which is the property of the occupant in the rear yard of such lot, provided such trailer coach or watercraft is parked at least ten feet from any dwelling.

D.    No parking or storage of any vehicles, trailers, trucks, watercraft, equipment, supplies etc. shall be permitted within community gardens.

A.    Keeping of Household Animals or Pets Permitted. The keeping of household animals or pets is allowed without a permit under the following circumstances in any zoning district, unless there are other sections in this ordinance which are in conflict, and the raising and keeping of such animals is not for the purpose of breeding or selling them as a source of income:

1.    Common household pets such as dogs, cats, etc., but not including fish or marine animals less than 20 pounds, as long as there are not more than three animals of any one species permanently boarded or kept and not more than six total common household pets. The keeping of more than three common household pets of any one species is a kennel use. Refer to Table 2: Uses Permitted by District for kennel regulations. Common household pets must be kept in compliance with state regulations referred to in Pontiac Municipal Ordinance 18-3.

2.    Livestock. Livestock is prohibited. Livestock includes, but is not limited to, cattle, sheep, new world camelids, old world camelids, llamas, goats, bison, privately owned cervids, ratites, swine, equids, aquaculture species, and rabbits. Common household pets and poultry are not considered livestock.

3.    Poultry.

a.    Roosters or male chickens or any other type or class of fowl or poultry are prohibited.

b.    Only three egg laying hens are allowed at any one time.

c.    Slaughtering of any chickens at the property is prohibited.

d.    Chickens shall be maintained in a fully enclosed structure or a fenced enclosure at all times. Fully enclosed and fenced enclosures are subject to all fence provisions and restrictions contained in Section 2.304(F), Accessory Structures. Enclosed structures shall be constructed of permanent materials and shall be properly maintained. Fenced enclosures may be wire mesh with openings no larger than one-quarter inch.

e.    No enclosed structure or fenced enclosure shall be located within any front yard, side yard, and must comply with Section 2.304(F), Accessory Structures.

f.    All structures and enclosures for the keeping of chickens shall be constructed and maintained to prevent rats, mice, or other rodents or vermin from being harbored underneath or within the walls of the structure or enclosure.

g.    A zoning or building permit will be required.

i.    Initial chicken coop inspection must be scheduled at least 30 days from date of permit issuance.

ii.    After initial chicken coop inspection, a 90-day follow-up will be performed for general code compliance.

iii.    All chicken permits will expire December 31 of current year and a renewal permit will be required.

h.    All feed and other items associated with the keeping of chickens likely to attract rats, mice, or other rodents or vermin shall be secured and protected in sealed containers. Ground feeding is prohibited.

i.    Chickens shall be kept in compliance with the Michigan Department of Agriculture Generally Accepted Agricultural and Management Practices for the Care of Farm Animals, as it relates to egg-laying chickens, as amended, except as otherwise provided in this section.

4.    Litters shall be exempt from these requirements until weaned.

B.    Nuisance Prohibited.

1.    The keeping of the animals mentioned in subsection A of this section shall not constitute a nuisance to persons living in the surrounding area. Upon receipt of a written complaint filed by a neighbor with the City stating the animals constitute a nuisance, the Zoning Board of Appeals shall hold a hearing in accordance with the procedures of Article 6, Chapter 4. The Zoning Board of Appeals shall determine if in fact the animals do constitute a nuisance.

2.    If the Zoning Board of Appeals determines that the animals have and will likely continue to constitute a nuisance, the animals shall not be kept on the property after the date set by the Zoning Board of Appeals. If, in the opinion of the Zoning Board of Appeals, there is reason to believe that reasonable measures will be taken to alleviate the nuisance associated with the animals, the Zoning Board of Appeals may issue a permit, renewable yearly, for the keeping of such animals with or without restrictions. If a hearing is held and a determination is made, the matter may not be reviewed again on a complaint of a neighbor unless there has been a change of circumstances.

    No person shall allow animals under the person’s control or ownership to constitute a nuisance. The violation of this section may be prosecuted in the district court or may be enjoined in the circuit court. Notwithstanding anything to the contrary, this section shall not be a limitation on, lessen the effect of, nor interfere with any other City ordinance pertaining to animals and the enforcement of it.

C.    Permitted and Special Exception Uses. Refer to Table 2.1 for permitted and special exception uses in the IP-1 district.

(Ord. No. 2407, 4-4-23; Ord. No. 2410, 6-6-23)

Whenever a parking lot is built either as required off-street parking lot or is built in a parking district, such parking lot shall be laid out, constructed and maintained in accordance with the regulations of this article. The building of a parking lot is subject to the requirements for a zoning compliance permit.

Off-street parking, in conjunction with all land and building uses shall be provided as herein prescribed:

A.    Existing Off-Street Parking. Off-street parking existing at the effective date of this ordinance in connection with the operation of an existing building or use shall not be reduced to an amount less than would by this ordinance be required for such building or use.

B.    Public Provision of Off-Street Parking. Required off-street parking may be provided either by individual action or by a parking program carried out through public action, whether by a special assessment district or otherwise.

C.    Location of Parking Spaces.

1.    Parking Within Required Front Yards. Privately provided off-street parking for nonresidential uses shall not be located within a required front yard in excess of one parking space per 20 feet of frontage of such lot.

2.    Proximity. For those uses located outside the central business district all off-street parking, whether publicly or privately provided for nonresidential uses, shall be either on the same premises as the building or within 300 feet of the building it is intended to serve, measured from the nearest point of the off-street parking lot without crossing any major thoroughfares. EXCEPTION: where there is a parking program for a specified area carried out with public action in accordance with subsection f, the 300 foot proximity requirement may be waived by the reviewing authority.

3.    Single-family residential off-street parking shall consist of a parking strip, driveway, parking bay, garage or combination thereof and shall be located on the premises they are intended to serve. Such single-family residential off-street parking is exempt from the regulations of this article governing a parking lot.

D.    Landscaping of off-street parking lots shall be subject to the requirements of Section 4.406.

E.    Use of Off-Street Parking Areas. Required off-street parking shall be for use of occupants, employees, visitors, and patrons and shall be limited in use to motor vehicles; the storage of merchandise, motor vehicles for sale, or the repair of vehicles is prohibited.

F.    Timing of Completion of Required Off-Street Parking. Off- street parking shall be provided as hereinafter required, prior to the issuance of a certificate of occupancy; provided that where a parking program for a specified area to be carried out by public action is established by an official plan that proposes parking spaces comparable to the quantitative requirements of this chapter and includes a time schedule of land acquisition and construction, certificate of occupancy for all land or building uses within such officially planned area shall not be contingent upon prior provision of off-street parking.

A.    Measurement Standards. For the purpose of computing the number of parking spaces required, the following measurement standards are used:

1.    Floor Area. Where floor area is the unit for determining the required number of parking spaces, said unit shall mean gross floor area.

2.    Fractional Spaces. When calculations for determining the required number of parking spaces results in a fractional space, any fraction of less than one half (1/2) may be disregarded, while a fraction of one half (1/2) or more shall be counted as one space.

3.    Employee Parking. Parking spaces required for employees shall be based on the maximum number of employees on the premises at any one time during the largest typical daily work shift.

4.    Places of Assembly. For religious institutions, sports arenas, or similar places of assembly in which those in attendance occupy benches, pews, or similar seating, each twenty (20”) inches of such seating shall be counted as one seat. For places of assembly without fixed seating, the parking requirement shall be calculated on the basis of the maximum permitted occupancy of the structure or facility as permitted by the fire code.

5.    Persons. Any parking standard calculated on the basis of ‘persons’, ‘students’, or a similar group shall be based upon the maximum permitted occupancy of the structure or facility as permitted by the fire code.

B.    Minimum Parking Required. The minimum number of off-street parking spaces shall be determined in accordance with the following Table 8. For the list of uses that are included in each category, refer to Tables 2 and 2.1 or the use definition categories in Article 7, Chapter 2.

C.    Maximum Parking Permitted. To minimize excessive areas of pavement which negatively impact aesthetic standards and contribute to high volumes of storm water runoff, the maximum amount of off-street parking permitted for any use shall not exceed two hundred percent (200%) of the minimum parking requirements of Table 8. This requirement shall not apply to single-family or two-family dwellings. The Planning Commission may permit additional parking over and above the maximum parking limit based on documented evidence indicating that the maximum parking permitted will not be sufficient to accommodate the use on a typical day.

D.    Uses Not Listed. For uses not listed in Table 8, the default parking requirement for the category of use shall apply, unless the reviewing authority determines that the standard for another use is more appropriate than the default parking standard.

E.    C-2 District Minimum Parking Requirements. The minimum parking requirements shall not apply to nonresidential uses located within the C-2 central business district.

    Bicycle Parking. Bicycle parking areas, including racks, are required in conjunction with off-street parking lots that are larger than 25 spaces. One bicycle space shall be provided for every 20 required vehicle parking spaces or fraction thereof. Shelters, bicycle lockers, or other methods of protecting the parked bicycles are encouraged. Bicycle parking spaces may be located anywhere on the site, including inside the building, and need not be located within the boundaries of the vehicle parking lot, but shall be located proximate to building entrances.

(Ord. No. 2407, 4-4-23)

A.    Modification of Minimum Parking Requirement. The Planning Commission may modify the numerical requirements for off-street parking based on evidence submitted by the applicant that another standard would be more reasonable because of the level of current or future employment or customer traffic. The Planning Commission may condition the approval of a modification of the parking requirements that binds such approval to the specific use in question.

B.    Deferred (Land Banked) Parking. If the intensity or level of traffic anticipated to be generated by a use is lower than the number of spaces required by Table 8 but there is a reasonable expectation that parking demand on the site will increase in the future due to an intensification or change of use, construction of the excess parking spaces may be deferred (land banked) until such time as they are needed. Planning Commission approval is required for deferred (land banked) parking, subject to the following:

1.    The deferred parking shall be shown on the site plan and set aside as landscaped open space.

2.    The deferred parking may be constructed at any time at the option of the property owner, or shall be constructed upon request by the Planning Commission.

3.    Deferred parking shall be located in areas that are suitable for future parking, and that comply with the requirements of this Chapter.

C.    Shared Parking. Two or more buildings or uses may collectively provide the required off-street parking, in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately. However, in cases of dual functioning of off-street parking where operating hours do not overlap, the Planning Commission may reduce the required number of parking spaces based on the peak hour demand. Shared parking shall be located within 500 feet of the building it is intended to serve, measured from the property line of the site containing the parking facility. In granting such a reduction, the Planning Commission may require easements be granted to allow for the continued use of the shared parking facility.

A.    Ingress and Egress. Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided and approved by the city engineer.

B.    Maneuvering Lanes. All parking spaces shall be provided adequate access by means of maneuvering lanes. Backing directly into any public or private street from an off-street parking space shall be prohibited.

C.    Pedestrian Circulation. The parking lot layout shall accommodate direct and continuous pedestrian circulation, clearly divided from vehicular areas. Pedestrian crosswalks shall be provided, distinguished by textured paving or pavement striping and integrated into the sidewalk network.

D.    Barrier Free Parking Spaces.

1.    Barrier Free Spaces Required. Each parking lot that serves a building, except single- and two-family dwelling units, shall have a number of level parking spaces, identified by a sign which indicates the spaces are reserved for physically handicapped persons. Barrier-free parking shall comply with the State of Michigan Barrier-Free Rules (Michigan Public Act No. 1 of 1966, as amended), the adopted City Building Code, and the Federal Americans with Disabilities Act.

2.    Construction Standard. Each barrier-free parking space shall have no more than a nominal 3% grade and shall be not less than 8 feet in width and be adjacent to an access aisle not less than 5 feet in width. Required van-accessible barrier-free spaces must be 8 feet in width and be adjacent to an access aisle not less than 8 feet in width.

3.    Number of Barrier Free Spaces Required. Barrier free spaces shall be required in accordance with the following Table 9. Table 9 is based on the most recent Department of Justice ADA accessible parking requirements. If the accessible parking requirements are updated, the updated standards shall supersede those listed in the following Table 9.

E.    Parking Space and Maneuvering Lane Dimensions. The design and construction of off-street parking spaces shall conform with the following requirements:

F.    Striping Requirements. The striping of off-street parking shall be done with either white or yellow paint. The striping of off-street handicapped parking stalls shall be identified with blue paint. All parking spaces shall be clearly striped with four (4) inch wide lines spaced two feet apart to facilitate movement and to help maintain an orderly parking arrangement, as shown in Figure 9.

1 Van Spaces Required are Non-Cumulative. The number of van spaces required by Table 9 is part of, and not in addition to, the total number of accessible spaces required.

2 Reduction of Parking Space Dimension. The required dimension may be reduced by 2 feet if low impact storm water management methods are incorporated into the parking lot storm water management design. Refer to Section 4.601.

3 Additional Width Required to Accommodate Door Swing. Any parking space abutting a landscaped area on the driver’s or passenger’s side of the vehicle shall provide an additional 18 inches of width to allow for access without damage to the landscaped area.

Figure 9. Parking Lot Double Striping

G.    Vehicle Overhang. Parking vehicles may hang over the interior landscaped area or curbing no more than two feet, as long as concrete or other wheel stops are provided to insure no greater overhang or penetration of the landscaped area.

A.    Surfacing. The entire parking area, including parking spaces and maneuvering lanes, required under this section shall have asphaltic or concrete surfacing; or porous pavers in accordance with specification approved by the city engineer. Such facilities shall provide on-site drainage to dispose of all surface water accumulated in the parking area, unless otherwise approved by the City Engineer.

    Permeable or porous paving methods are encouraged, including open joined pavers, porous concrete/asphalt, and other methods of increasing stormwater infiltration. These methods may only be used when the permeable paving will have sufficient strength to bear expected vehicle loads for the parking area, and shall be designed in accordance with Appendix D of the Low Impact Development Manual for Michigan, available at the Planning Department.

B.    Pavement Color. All off-street parking areas are encouraged to use light-colored materials such as concrete, white asphalt, or light-colored pavers to reduce surface temperatures and to reduce the heat island effect.

C.    Low-Impact Stormwater Management. Refer to Article 4, Chapter 6.

D.    When Surfaced. The parking area shall be surfaced within two months of occupancy of the use it is to serve if it is for a new use, and within two months of the effective date of rezoning if parking area is to serve an existing use or uses, except when weather conditions prohibiting the pouring of concrete extend such time period or otherwise exempted by Section 4.302.F.

On the same premises with every building, or part thereof where the principal use involves the receipt or distribution of vehicles or materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading, and unloading services adjacent to the opening used for loading and unloading in order to avoid interference with public use of the streets or alleys.

Such loading and unloading space shall be an area in minimum ten feet by 40 feet with a 14 foot height clearance and shall be provided according to the following Table 11:

Landscaping enhances the visual image of the City, improves property values, and alleviates the impact of noise, traffic, and visual distraction associated with certain uses. Screening is important to protect less intensive uses from the noise, light, traffic, litter and other impacts of more intensive, non-residential uses. These provisions are intended to set minimum standards for the design and use of landscaping and screening, and for the protection and enhancement of the City’s environmental and aesthetic quality.

More specifically, the intent of this chapter is to:

A.    Establish aesthetically pleasing, functionally appropriate, and sustainable landscape design for the long-term enhancement of the appearance of development in the community.

B.    Safeguard the public health, safety and welfare, and preserve and enhance aesthetic qualities that contribute to community character.

C.    Protect and preserve the appearance, character, and value of the City’s residential neighborhoods that abut non-residential areas, parking areas, and other intensive use areas.

D.    Improve the appearance of off-street parking areas, vehicular use areas, and property abutting public rights of way.

E.    Increase soil water retention and natural storm water filtering, thereby helping to prevent flooding and improve water quality.

A.    The provisions of this section shall apply to all lots, sites and parcels of property which, hereafter are developed or expanded for which a site plan is required pursuant to Article 6, Chapter 2.

    The requirements in this chapter are minimum requirements, and under no circumstances shall they preclude the planning commission from requiring additional landscaping. Any landscape plan submitted for review and approval shall clearly indicate the location, number, size, and type of all species of plant materials proposed to meet the requirements of this chapter. A summary table shall be provided as part of the landscape plan, listing the required landscaping for the project and clearly indicating how each requirement is satisfied by the plan.

B.    No site plan shall be approved unless it shows landscaping consistent with the requirements of this chapter.

C.    A certificate of occupancy shall not be issued unless the provisions set forth in this chapter have been met.

D.    Following the issuance of a certificate of occupancy, any required landscaping shall thereafter be reasonably maintained consistent with the intent of the approved landscaping design plan.

E.    The requirements in this chapter shall not apply to single family detached homes or any land located in the C2 Downtown Mixed Use Zoning District, unless otherwise specifically noted.

A.    Design Creativity. Creativity in landscape design is encouraged. Accordingly, required trees and shrubs may be planted at uniform intervals, at random, or in groupings, depending on the designer’s desired visual effect and, equally important, the intent of the City to create a compatible landscape appearance on adjoining properties.

B.    Visibility. Landscaping and screening materials shall be laid out in conformance with the requirements for Clear Vision Areas as stated in Section 2.303 and shall not obstruct the visibility of motorists or pedestrians.

C.    Protection from Vehicles. Wherever landscaping is proposed adjacent to a paved area traversed by motor vehicles, a six-inch concrete curb or similar measure such as bumper stops or wheel chocks shall be provided to protect plants from damage by vehicles. Except for storm water management features such as bioswales, landscape areas shall be elevated above the pavement to a height that is adequate to protect the plants from snow removal, salt, and other hazards.

A.    Minimum Area. A minimum of five percent of the total site area of any site in any Zoning District other than the R-1, R-1A, R-1B, or C-2 zoning districts shall be developed as landscape open space. Such landscape open space shall be countable only when located in the front or side yards. Pedestrian walks, plazas, planters and other decorative elements may be included in such landscape areas.

B.    Sec. 9.1.1 Residential Entranceway. In any residential district, entranceway structures, including but not limited to walls, columns and gates marking entrances to single-family subdivisions or multiple housing projects may be permitted and may be located in a required yard, provided that such entranceway structures shall comply with the clear visibility standards of Section 2.303 and all codes and ordinances of the city.

A.    Buffer Types and Specifications.

General Requirements Applicable to All Buffer Strips:

1.    The remainder of the buffer strip shall be covered with grass, ground cover, or other acceptable landscape elements, such as woodchips, landscape stone, boulders, etc.

2.    The height of walls or berms shall be measured from the immediate ground level of property on the nonresidential side.

B.    Type of Buffer Required by Use or District Abutting R-1, R-1A, R-1B or R-2 Zoning District. The following table lists the type of buffer that must be provided by a use in a developing zoning district along a side or rear property line abutting an R-1, R-1A, R-1B or R-2 residential district.

C.    Wall and Berm Standards. Whenever a wall or berm is required as part of a buffer, it shall comply with the following standards:

1.    Sec. 9.2.3 Location of Walls and Berms. Required walls or landscape berms shall be located on the nonresidential side and on the property line except where underground utilities interfere and except in instances where this ordinance requires conformance with front yard set-back lines in abutting residential districts. Required walls may, upon approval of the planning commission, be located on the residential side of an alley right-of-way, when mutually agreeable to affected property owners. The location of such walls may be revised where in the opinion of the planning commission such relocation will as effectively or more effectively serve the intended screening or obscuring functions.

2.    Berms. Berms shall be a landscaped earthmound with a maximum slope of 3:1, three foot horizontal to one foot vertical. All berms shall have a nearly flat horizontal area at their highest point of at least two feet.

    Berm slopes shall be protected from erosion by sodding or seeding. If slopes are seeded they shall be protected with straw mulch held in place by jute netting until the seed germinates and a permanent lawn is established. The berm area shall be planted with lawn and trees and/ or shrubs and shall be maintained in a healthy, growing condition.

3.    Sec. 9.2.4 Masonry Walls.

a.    Openings. Masonry walls shall have no openings for any purpose except as may be required for the purpose of public safety, or for vehicular and service access to buildings.

b.    Materials. All walls herein required shall be constructed of decorative masonry material (including paneled or pre-cast masonry material) with the surface area facing a residential district or public thoroughfare constructed of a common or face brick, decorative block, decorative poured concrete, or similar material that is compatible with the adjacent residential district.

c.    Alternate Materials with Planning Commission Approval. The Planning Commission may at their discretion approve a fence/wall of a different material instead of the required masonry wall.

A.    Parking Lots Abutting Public Rights-of-Way. When an off-street parking lot or other vehicular use area in any zoning district abuts a public right-of-way excluding abutting alleys, landscaping shall be provided at all locations (excluding walkways and driveways) which are between any portion of the right-of-way and the parking lot or vehicular use area visible from the right-of-way as follows:

1.    A minimum depth of eight feet abutting right-of-way and off-street parking area shall be landscaped with a minimum of one tree (minimum two-inch caliper or minimum ten-foot height at time of planting) for each 30 lineal feet or fraction thereof of property abutting such right-of-way. Necessary access ways from public rights-of-way through landscaped strips shall be permitted, but such access ways shall be subtracted from the lineal dimension used to determine the minimum number of trees required.

2.    Shrubs, hedges, walls or other landscape barrier of at least 30 inches in height may be required along the perimeter of the property in lieu of the landscaped strip at t he discretion of the planning commission.

3.    Walls shall be decorative in appearance, and shall be constructed of durable materials. Brick or stone are preferred materials. Walls shall have a brick, stone, or concrete cap, and shall have a maximum height of 42 inches.

4.    The remainder of the landscaped strip shall be planted with grass, living plant material, ground cover, or other acceptable landscape elements, as defined under Section 4.411.

5.    Landscaping shall be protected from parking spaces with curbing, bumper, blocks, wheel stops or other permanent means to prevent automobiles from encroaching more than two feet into the landscaped area.

B.    Parking Lots Adjacent to Residentially Zoned or Used Land. All off-street parking lots shall be screened from adjacent residentially zoned or used properties by a buffer strip at least a ten feet in width, landscaped with at least one tree and one shrub for every ten feet (10’) of buffer strip length. At least one-half of the required trees shall be an evergreen variety. The Planning Commission may approve an alternative screening mechanism, such as a 6’ high decorative masonry wall, during Site Plan Review.

C.    Interior Parking Lot Landscaping.

1.    Interior Landscaping Required. Interior landscaping areas shall be required in parking lots with 40 or more spaces. The vehicle use area includes all areas used for vehicular circulation and parking.

2.    Landscaping Required. One deciduous shade tree shall be required for every 6 parking spaces.

3.    Location. Parking lot landscaping shall be in internal islands or medians between parking rows, landscaped areas surrounded on two or three sides by a parking area, or landscaped areas at the corners of parking areas unless otherwise approved by the reviewing authority. If interior landscaping is provided along the perimeter of the parking lot, it shall be in addition to the perimeter landscaping requirements.

4.    Size and Area. Interior landscape areas shall have a minimum width of 8 feet and a minimum area of 180 square feet.

A.    Street Trees Required. One deciduous canopy tree shall be planted for each 35 feet (or fraction thereof) of street frontage.

B.    Tree Lawn Landscaping. The area within the public right-of-way between the curb and sidewalk, referred to herein as the tree lawn, shall consist of grass and trees only. Trees shall not be planted within a tree lawn narrower than four feet wide. Where the sidewalk extends to the street edge, street trees may be planted in tree grates.

C.    Acceptable Tree Species. Trees within the public right-of-way shall be selected and planted in accordance with chapter 25, article I, section 25-2 of the Code and by written permission of the deputy director of public works or his designee. Landscaping along state trunk line shall be provided by approval of the state highway department only.

D.    Existing Trees within the public right-of-way shall be removed only by a permit from the deputy director of public works or his designee after approval by the planning administrator.

E.    Front Yards in Residential and C-O Zoning Districts. Portions of the front yard not utilized for an unenclosed porch, deck or patio and/or improved driveway shall be landscaped with living trees, shrubs, flowers, grass and/or ground cover, excepting provision of a walkway of no more than a five foot (5’) width between the entry to the dwelling and the adjacent right-of-way. For every 50’ of lot width, one (1) or more tree(s), of at least a 2” caliper at the time of planting shall be provided within said front yard. Alternatively, given specific approval by the City’s Engineering Division, said tree(s) may be provided within the adjacent right-of-way, if the dimension between the sidewalk and back-of-curb is at least eight feet (8’). These same landscape provisions shall apply along the side street of every corner lot.

A.    Service Area Screening. Trash receptacle or dumpster areas shall be indicated on-site plans, and shall be screened on at least three sides with a masonry wall at least equal to the height of the trash receptacle with a gate on the fourth side. In locating trash receptacle facilities, primary consideration shall be given to access for service, and minimizing visibility from a public right of way or from adjoining properties. The planning commission may waive the required screening when they determine that no significant negative effects will result from the waiver of such screening.

B.    Storage Areas, Loading and Unloading, and Service Areas shall be screened from view form public right-of-ways or adjoining properties by a Type B buffer as required by Section 4.405 unless otherwise determined by the planning commission.

C.    Ground Mounted Mechanical Equipment located in any zoning district (such as air compressors, pool pumps, transformers, HVAC equipment, sprinkler pumps, satellite dish or DSS antennae, and similar equipment) shall be screened on at least three (3) sides by evergreen or deciduous shrubs or trees. Insofar as practical, said screening shall exceed the vertical height of the equipment being screened by at least six (6) inches within two (2) years of planting.

Refer to Article 4, Chapter 6.

Healthy existing trees on a site may be used to satisfy any of the requirements of this Article, provided such substitution is in keeping with the spirit and intent of this Article and subject to the following:

A.    Identification of Existing Trees. Site plans shall show all existing trees which are located on the portions of the site and on portions of adjacent sites within 20 feet of the site that will be built upon or otherwise altered, and which are six (6) inches or greater in caliper, measured 4.5 feet above grade for deciduous trees or 20 feet in height for evergreen trees. Trees shall be labeled "To Be Removed" or "To Be Saved" on the site plan, with tree species and caliper noted for both types of tree. Only existing trees six (6) inches or greater in caliper may be used to satisfy any landscaping requirement of this Ordinance.

B.    Inspection. The Planning Commission may require City inspection of existing plant materials prior to or as a condition of site plan approval to determine the health and desirability of such materials.

C.    Protection of Trees to Be Saved. Throughout construction, protective fencing shall be placed at the critical root zone of existing trees marked on the site plan as “To Be Saved” and around the perimeter of other preserved plant materials, with details of protective measures noted on the site plan. No person shall conduct activity within the critical root zone of any tree designated for preservation, including but not limited to the storage or placing of solvents, building materials, construction equipment, soil deposits, or the parking of any vehicles.

D.    Replacement of Trees to Be Saved. In the event that healthy plant materials which are intended to meet the requirements of the Ordinance are cut down, damaged, or destroyed during construction, said plant material shall be replaced with an equivalent species to the damaged or removed tree. Replacement trees shall be provided at the ratio of one (1) replacement tree for each six (6) caliper-inches measured one foot above grade level (or fraction thereof) of tree that is cut down, damaged, or destroyed, unless otherwise approved by the City based on consideration of the site and building configuration, available planting space, and similar considerations.

    Alternately, a fee may be paid to the City in an amount equivalent to the value of the replacement trees, as determined by the City.

A.    Quality. No plant materials used to satisfy some or all planting requirements of this chapter shall be comprised of nonliving materials, such as petrochemical plants.

B.    Native Species. The use of native species for landscaping applications is encouraged. As an incentive to use native species, the numerical landscaping requirements may be reduced by 10% if exclusively native species are used in the landscaping plan. Following is a list of common plant species native to Southeast Michigan:

1.    Trees. Basswood, American Beech, Yellow Birch, Blackgum, Butternut,Eastern Red Cedar, Northern White Cedar, Wild Crabapple, Flowering Dogwood, Hackberry, Cockspur Hawthorn, Downy Hawthorn, Bitternut Hickory, Pignut Hickory, Shagbark Hickory, Ironwood, Black Maple, Red Maple, Silver Maple, Sugar Maple, Musclewood, Black Oak, Bur Oak, Chinkapin Oak, Dwarf Chinkapin Oak, Red Oak, Shingle Oak, Swamp White Oak, White Oak, Pawpaw, American Plum, Redbud, Sassafras, Sycamore, Tuliptree, and Black Walnut.

2.    Shrubs. Speckled Alder, Highbush Blackberry, American Bladdernut, Buttonbush, Chokeberry, Chokecherry, Creeping Strawberry Bush, Northern Dewberry, Alternate-leaf Dogwood, Gray Dogwood, Redosier Dogwood, Roundleaf Dogwood, Silky Dogwood, Red-berried Elder, American Elderberry, Gooseberry, American Hazelnut, Michigan Holly, Old Field Juniper, Leatherwood, Meadow-sweet, New Jersey Tea, Ninebark, Prickly Ash, Black Raspberry, Carolina Rose, Smooth Rose, Allegany Serviceberry, Shadblow Serviceberry, Spicebush, Fragrant Sumac, Smooth Sumac, Staghorn Sumac, Winged Sumac, Downy Arrowwood, Maple Leaf Viburnum, Nannyberry, and Witchhazel.

3.    Perennials. Canada Anemone, Big Leaved Aster, New England Aster, Smooth Aster, Doll’s-eyes Baneberry, Beebalm, Bellwort, Black-eyed Susan, Dwarf Blazing Star, Rough Blazing Star, Bloodroot, Blueeyed Grass, Boneset, Cardinal Flower, Blue Cohosh, Columbine, Yellow Coneflower, Culver’s Root, Dutchman’s Breeches, False Dragonhead, Foam Flower, Wild Geranium, Wild Ginger, Golden Alexander, Golden Ragwort, Bluestem Goldenrod, Showy Goldenrod, Stiff Goldenrod, Round-lobed Hepatica, Hairy Beard Tongue, Ironweed, Jack-in-the-pulpit, Joe-pye Weed, Wild Leek, Michigan Lily, Blue Lobelia, Marsh Marigold, Mayapple, Early Meadow Rue, Tall Meadow Rue, Butterfly Milkweed, Common Milkweed, Swamp Milkweed, Miterwort, Mountain-mint, Nodding Wild Onion, Woodland Phlox, Prairie Dock, Rue Anemone, Sneezeweed, False Solomon’s Seal, Starry false Solomon’s Seal, True Solomon’s Seal, Spiderwort, Spring Beauty, Steeple Bush, Wild Strawberry, Rough Sunflower, Woodland Sunflower, Sweet Black-eyed Susan, Thimbleweed, Trillium, Turtlehead, Blue Vervain, Hoary Vervain, and White Vervain.

4.    Grasses, Rushes, and Sedges. Big Bluestem Grass, Bottlebrush Grass, Hardstem Bulrush, Indian Grass, Junegrass, Little Bluestem Grass, Path Rush, Pennsylvania Sedge, Prairie Cordgrass, Purple Lovegrass, Canada Wild Rye, Wild Rye, Switchgrass, Tussock Sedge, and Wool-grass.

C.    Deciduous Trees shall be species having an average mature spread or crown of greater than 15 feet and having trunk(s) which can be maintained in a clean condition over five feet of clear wood. Trees having an average mature spread of crown less than 15 feet may be substituted by grouping the same so as to create the equivalent of a 15-foot crown spread. Deciduous trees shall have a minimum size of 2 inches caliper at time of planting.

D.    Evergreen Trees shall be a minimum of 5 feet in height at planting, with a minimum spread of 30 inches.

E.    Shrubs and Hedges. Shrubs shall be a minimum of two feet in height when measured immediately after planting. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of one year after time of planting.

F.    Ground Covers. Ground covers used in lieu of grass, in whole or in part, shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year after planted.

G.    Lawn/Grass. Lawn areas shall be planted in species normally grown as permanent lawns in Southeast Michigan and may be sodded or hydro-seeded.

H.    Landscape Elements:

1.    Mulches. Mulching material for planted trees, shrubs and vines shall be minimum of three-inch deep shredded hardwood bark. Straw or other mulch may be used to protect seeded areas. Mulches must be installed in a manner as to present a finished appearance.

2.    Other Materials. Woodchips, landscape stone, boulders, may be used in landscaped strips or around plantings to compliment the landscape areas.

I.    Variety. To ensure adequate variety, to avoid monotony and uniformity within a site, and to preserve the diversity and health of the City’s landscaping, any single tree species may not comprise more than 40% of the total required deciduous trees and no more than 40% of the total required evergreen trees.

J.    Spacing of Plantings required under this chapter shall be as follows:

1.    Plant materials (except turfgrass or groundcovers) shall not be placed closer than four feet from a fence line or property line.

2.    Deciduous trees and all shrubs shall not be planted within 4 feet, and evergreen trees shall not be planted within 8 feet, of any curb (including the edge of interior parking lot landscape areas) or public walkway.

3.    Trees and shrubs shall not be planted within 10 feet of a fire hydrant.

4.    Where plantings are planted in two or more rows, planting shall be staggered in rows.

5.    Where shrub plantings are required to form a continuous hedge or used for screening purposes, the plants shall not be spaced more than 36 inches on center at planting, and shall have a minimum height and spread of 30 inches at planting. Shrubs that will not attain sufficient width to form a complete hedge spaced 36 inches on center shall be planted at a spacing that will allow them to form a complete hedge within 2 years of planting.

K.    Modifications. The planning administrator may approve modifications from the above specifications for appropriate landscape materials that do not meet the above minimum size requirements or are not readily available at landscape supply yards in the required size. If smaller materials are approved, the difference for the smaller materials shall be compensated with additional material being provided. In approving such a modification, the building official shall determine that the substituted plant material size will meet the intent of this chapter, and that providing a landscape material that meets the above size requirements is impractical or not feasible.

L.    Undesirable Plantings. The use of landscape plantings that are invasive to natural habitats, that cause disruption to storm drainage, or that are susceptible to pests or disease is not encouraged. The following landscape plantings exhibit such characteristics, and therefore their use is not encouraged in the City:

A.    All landscaping required by this ordinance shall be the responsibility of the owner and/or developer of the property which is being developed.

B.    All plant material shall be installed within 9 months after the issuance of a certificate of occupancy, and shall be maintained by the owner/ tenant to ensure growth; shall be kept in good condition so as to present a healthy, neat and orderly appearance. A maximum extension for a six month period may be granted to complete the landscaping if weather conditions prohibit the planting of landscape material.

C.    All dead plant material shall be replaced by the owner/tenant with six months. Failure to replace the plant material will be considered a violation of this ordinance.

Recognizing that a wide variety of land uses and the relationships between them can exist, and that varying circumstances can mitigate the need for landscaping, the reviewing authority may reduce or waive the minimum landscape requirements or the screening and buffer requirements of this chapter and approve an alternate landscaping plan. In making such a modification, the reviewing authority shall find that the following standards have been met:

A.    The landscaping plan will protect the character of new and existing residential neighborhoods against negative impacts such as noise, glare, air pollution, trash and debris, or nuisances.

B.    The alternate width and landscaping of the buffer or screen will ensure compatibility with surrounding and nearby land uses because:

1.    The development is compatible with and sensitive to the immediate environment of the site and neighborhood with respect to architectural design, scale, bulk, building height, identified historical character, disposition and orientation of buildings on the lot, or visual integrity.

2.    The site has existing natural vegetation and/or topography, bodies of water, wetland areas, or other existing conditions which offer screening consistent with the standards set forth in this chapter. The preservation of these natural features in perpetuity must be ensured or else the modification may not be granted.

3.    The arrangement, design and orientation of buildings on the site maximize privacy and isolate nearby land uses from any negative impacts of the development.

The purpose of this chapter is to preserve, protect, and enhance the lawful nighttime use and enjoyment of all properties in the City through the use of appropriate lighting practices and systems. Exterior lighting shall be designed, installed and maintained to control glare and light trespass, minimize obtrusive light, conserve energy and resources, maintain safety, security and productivity, and prevent the degradation of the nighttime visual environment. It is the further intent of this chapter to encourage the use of innovative lighting designs and decorative light fixtures that enhance the character of the community while preserving the nighttime visual environment.

The design and illumination standards of this chapter shall apply to all exterior lighting sources and other light sources visible from the public right-of-way, road easement, or adjacent parcels, except where specifically exempted herein.

A.    Shielding. Exterior lighting shall be fully shielded and directed downward at a 90 degree angle. Oblique lenses (such as many wall-pack fixtures) are prohibited. All fixtures shall incorporate full cutoff housings, louvers, glare shields, optics, reflectors or other measures to prevent off-site glare and minimize light pollution. Only flat lenses are permitted on shoebox-style light fixtures; sag or protruding lenses are prohibited. (See Figure 10)

B.    Intensity. The following light intensity requirements shall apply on all sites within the City.

1.    Maximum Intensity – Within the Site. The intensity of light within a site shall not exceed 10 footcandles. Exception: the maximum intensity permitted in areas of intensive vehicular or outdoor pedestrian task areas, such as the area underneath gas station pump canopies, in the immediate vicinity of ATM facilities, or outdoor sales areas shall be 20 foot candles.

2.    Maximum Intensity at Street Right-of-Way. The maximum light intensity permitted at a street right-of-way line shall be one (1) footcandle, or the average light intensity generated by public street lighting at the property line (up to a limit of 5 foot candles), whichever is greater.

3.    Maximum Intensity at Property Lines. The maximum light intensity permitted at any property line other than a street right-of-way shall be 0.5 foot candles.

C.    Glare and light trespass. Exterior lighting sources shall be designed, constructed, located and maintained in a manner that does not cause off-site glare on neighboring properties or street rights-of-way. The light emitting element of any light fixture shall not be directly visible from a neighboring property, as this is the primary cause of glare.

D.    Lamps.

1.    Wattage. Lamps with a maximum wattage of 250 watts per fixture are permitted for use in the City to maintain a unified lighting standard and to minimize light pollution. The Planning Commission may permit the use of lamps with wattages up to 400 watts if the applicant can demonstrate that the higher wattage fixture is necessary to provide adequate lighting on the site and that the light fixture is in compliance with all other requirements of this chapter. The exemption for higher wattage lamps shall not be granted if the same lighting effect can be reasonably accomplished on the site by incorporating additional 250 watt or lower fixtures into the site design.

2.    High traffic areas. Due to their superior color rendering characteristics, LED, tungsten-halogen, metal halide, or other lamps with full-spectrum color rendering properties should be used in parking lots and other areas of high pedestrian and vehicular traffic use.

3.    LED Lighting. LED fixtures may be used for any outdoor lighting application. Any LED fixture used for parking lot or street lighting purposes shall comply with applicable Illuminating Engineering Society of North America standards.

E.    Animated lighting. Permanent exterior site lighting intended to illuminate outdoor areas shall not be of a flashing, moving, animated, or intermittent type.

F.    Hours of operation. All exterior lighting in non-residential districts shall incorporate automatic timers and shall be turned off between the hours of midnight and sunrise, except for lighting necessary for security purposes or accessory to a use that continues after midnight.

G.    Measurement. Light intensity shall be measured in footcandles on the horizontal plane at grade level within the site, and on the vertical plane at the property or street-right-of-way boundaries of the site at a height of five feet (5’) above grade level.

A.    Freestanding pole and building mounted lighting. The maximum height of fixtures used for site lighting is 25 feet. Where a pole or building mounted fixture is located within 50 feet of a residentially zoned or used property, the maximum pole height shall be 15 feet.

B.    Decorative light fixtures. The Planning Commission may approve decorative light fixtures as an alternative to shielded fixtures, provided that such fixtures will enhance the aesthetics of the site and will not cause undue off-site glare or light pollution. Such fixtures may utilize LED, incandescent, tungsten-halogen, metal halide or or other lamps with full-spectrum color rendering properties with a maximum equivalent wattage of one-hundred fifty watts (150w) per fixture.

The following exterior lighting types are exempt from the requirements of this chapter, except that the building official may take steps to minimize glare, light trespass or light pollution impacts where determined to be necessary to protect the health, safety and welfare of the public:

A.    Holiday Decorations.

B.    Pedestrian Walkway Lighting.

C.    Building Up-Lighting, provided that the light emitting element of the fixture is shielded from direct view from any vehicle or pedestrian travel or use area, and that the fixture is directed at a vertical building surface.

D.    Single-Family Residential Lighting with fixtures rated at 150 watts or less.

E.    Pre-Emption. Instances where federal or state laws, rules or regulations take precedence over the provisions of this chapter.

F.    Temporary Emergency Lighting.

G.    Special Event Lighting in conjunction with a permitted special event, provided that the lighting will not significantly impact residential areas. Special event lighting shall only be allowed for the duration of the special event.

The City recognizes that there are certain uses or circumstances not otherwise addressed in this chapter, such as sports stadiums, street lighting, or lighting for monuments and flags, that may have special exterior lighting requirements. The reviewing authority may waive or modify specific provisions of this chapter for a particular use or circumstance upon determining that all of the following conditions have been satisfied. The reviewing authority shall consider the following criteria in making its decision:

A.    The waiver or modification is necessary because of safety or design factors unique to the use, circumstance or site.

B.    The minimum possible light intensity is used that would be adequate for the intended purpose. Consideration shall be given to maximizing safety and energy conservation, and to minimizing light pollution, off-site glare and light trespass on to neighboring properties or street rights-of-way.

C.    For lighting related to streets or other vehicle access areas, a determination is made that the purpose of the lighting cannot be achieved by installation of reflective markers, lines, informational signs or other passive means.

D.    Additional conditions or limitations may be imposed by the reviewing authority to protect the public health, safety or welfare, or to fulfill the purpose of this chapter.

A.    Low Impact Storm Water Options. Whenever this ordinance refers to, or provides incentives for the use of low impact storm water management methods, it shall include the following methods:

1.    Bioretention (rain gardens).

2.    Infiltration practices.

3.    Pervious pavement with infiltration.

4.    Vegetated filter strip.

5.    Vegetated swale.

6.    Such methods shall be designed according to the best management practices identified in Chapter 7 of the Low Impact Development Manual for Michigan, available at the Planning Department.

B.    Storm Water Management Ponds. Where any pond, detention or retention basin, or other storm water management facility is required, it shall comply with the following landscaping requirements:

1.    Configuration. The facility shall be incorporated into the natural topography to the greatest extent possible. Where this is not practical, the basin shall be shaped to emulate a naturally formed or free-form depression. The basin edge shall consist of sculpted landforms to filter and soften view of the basin.

2.    Landscape Plantings.

a.    Basin bottoms and side slopes should be vegetated with a diverse native planting mix to reduce maintenance needs, promote natural landscapes, and increase infiltration potential.

b.    Vegetation may include trees, woody shrubs, and meadow/wetland herbaceous plants.

c.    Woody vegetation is generally discouraged in the embankment.

d.    Meadow grasses or other deeply rooted herbaceous vegetation is recommended on the interior slope of embankments.

e.    Fertilizers and pesticides should not be used.

C.    Pre-Treatment Requirements. High pollutant producing land uses that are characterized by the handling or storage of potentially hazardous chemicals or by very high traffic generation that results in frequent turnover of parking spaces shall incorporate water quality pre-treatment elements into the overall site design as required by Table 14. These water quality elements are intended to remove potential pollutant loadings from entering either groundwater or surface water systems.

A.    Declaration. Resurgent development in the City of Pontiac has resulted in an unregulated and, in many cases, unnecessary removal of trees and other forms of vegetation and natural resources. Regulation of such removal of trees, vegetation and natural resources will achieve a preservation of important physical, aesthetic, recreational and economic assets for both present and future generations. Specifically it is found that:

1.    Woodlands provide for public safety through the prevention of erosion, siltation, and flooding;

2.    Woodland growth protects public health through the absorption of air pollutants and contamination, including the reduction of excessive noise and mental and physical damage related to noise pollution;

3.    Trees, vegetation and associated natural resources provide a material aspect of the character of the City of Pontiac and its neighborhoods, and

4.    Trees and woodland growth serve as an essential component of the general welfare by maintaining natural beauty, recreation and irreplaceable natural heritage

B.    Purpose. Therefore, the purpose of this Section is as follows, to be applied throughout the City of Pontiac:

1.    To provide for the protection , preservation, proper maintenance and use of trees and woodlands in order to minimize disturbance to them and to prevent damage from erosion and siltation, a loss of wildlife and vegetation, and/or from the destruction of the natural habitat;

2.    To protect the woodlands (including trees and other forms of vegetation) for their economic support of local property values when allowed to remain uncleared and/or unharvested in whole or in significant part, and for their natural beauty, character, and geological, ecological, or historical significance.

3.    To provide for the paramount public concern for these natural resources in the interest of health, safety and general welfare of the residents of this City, in keeping with Article IV, Section 52 of the Michigan Constitution of 1963, and the intent of the Michigan Environmental Protection Act, No. 127 of the Public Acts of 1970.

C.    Definitions. The following definitions shall apply in the interpretation of this Section.

1.    Building Envelope. The area enclosed or to be enclosed by the exterior walls of the principal building, plus a reasonable area beyond such walls up to ten (10) feet, provided that no building envelope area may encroach into any required setback. In the interest of allowing reasonable development while preserving trees, the ten (10) feet beyond each wall may be reallocated so that the total distance that the building envelope extends away from the exterior wall on opposing sides of the building totals twenty (20) feet e.g., five (5) feet on one side and fifteen (15) feet on the other.

2.    Commercial Nursery or Tree Farm. A licensed plant or tree nursery or farm in relation to those trees planted and growing on the premises of the licensee, which are planted and grown for sale to the general public in the ordinary course of the licensee’s business.

3.    Critical Root Zone shall mean the area where the tree’s roots are located. The critical root zone area is described by a circle around the tree with one foot of radius for each one inch D.B.H. of tree.

4.    Dead, Diseased, or Damaged Tree shall any tree that has been declared as “dead, diseased or damaged” by an ISA Certified Arborist, a municipal forester, or a state registered forester.

5.    Diameter Breast Height (d.b.h.). A tree’s diameter in inches measured by diameter tape at four and one-half (4 1/2) feet above the ground. On multi-stem trees, the largest diameter stem shall be measured.

6.    Driveway Envelope shall mean an area designated by the property owner to provide vehicular access to the building or parking area.

7.    Grubbing shall mean the effective removal of understory vegetation, groundcover, shrubs or trees but not including removal of any trees of greater than six (6) inches D.B.H.

8.    Large Tract. A non-residential lot or parcel, or a residential lot or parcel which is more than one single-family residential building site.

9.    Person. An individual, partnership, corporation, association or other legal entity.

10.    Protected Tree. Any tree having a diameter breast height (d.b.h.) of six (6) inches or greater. The following trees, however, are not deemed to be protected trees: Boxelder (Acer Negundo); Silver Maple (Acer Saccarinum); Poplars (Populus Species); Willows (Salix Species); Siberian Elm (Ulmus Pumila); Tree of Heaven (Ailanthus Altissima); European White Birch ((Betula Pendula); Catalpa(Catalpa Speciosa); Common Honeylocust(Gleditisia Tancunthis); Red Mulberry((Morus Rubra); White Mulberry((Morus Alba).

11.    Remove or Removal. The act of removing a tree by digging up or cutting down or the effective removal through human damage.

12.    Replacement Tree shall mean those trees considered by the City to be acceptable to replace trees proposed to be removed. Replacement trees should display the following characteristics:

a.    Minimal fruit litter.

b.    Upright growth of trunk; trees used for streetscape purposes should branch at a minimum height of seven (7) or more feet; trees used for other landscaping may have branching at lower heights.

c.    Resistance to disease.

d.    No thorns on trunk or branches.

e.    Resistance to drought.

f.    Salt tolerance.

13.    Single Family Residence shall mean any parcel, lot, unit, or adjacent parcels, lots or units under common ownership that contain(s) a permanent, occupied and habitable single-family dwelling unit.

14.    Transplant. The relocation of a tree from one place to another within the City.

15.    Tree. Any self-supporting, woody plant of a species which normally grows to an overall height of fifteen (15) feet or more.

16.    Tree Survey. A minimum of one (1) inch equals 100 feet scale drawing which provides the following information: location of all protected trees, i.e., trees having six (6) inches or greater d.b.h. plotted by accurate techniques, and the common or botanical name of those trees and their d.b.h.

17.    Undeveloped. A parcel of land which is unplatted and substantially unimproved. With respect to land which, on the effective date of this Ordinance, is partially improved by virtue of a building(s) or other improvement(s) located on a portion of the land, the portion of the land which does not contain the building(s) or other improvement(s) shall be considered undeveloped.

D.    Tree Removal Permit Required.

1.    Permit Required. No person shall remove, cause to be removed, transplant, damage, or destroy, on any land in the City of Pontiac, any protected tree outside of a building envelope without first obtaining a tree removal permit.

2.    Waiver for Drainage Improvements. The Planning Commission may waive the requirement for a tree removal permit when it is shown that tree removal is necessary and there is no reasonable alternative in connection with drainage improvements.

E.    Tree Removal Permit Not Required. The following activities are exempt from the requirements of this Section.

1.    Activities Within Building Envelope. No tree removal permit shall be required for construction of structures or improvements or other activities within a building envelope.

2.    Commercial Nursery or Tree Farm. Tree removal or transplanting occurring during use of land for the operation of a commercial nursery or tree farm, provided, this exception shall only be applicable if the commercial nursery or tree farm has been licensed with the State of Michigan and in operation on the property for three years or more, or the property owner records an affidavit that the commercial nursery or tree farm shall continue in active operation for a period of no less than five (5) years. This exception shall apply only as long as the tree farm or commercial nursery remains in operation and shall immediately terminate when such operations cease on the premises.

3.    Emergencies. Actions made necessary by an emergency, such as tornado, windstorm, flood, freeze, insect infestation, disease, or other disaster, in order to prevent injury or damage to persons or property or restore order, and where it would be contrary to the interest of the public, or to the health or safety of one or more persons, to defer cutting pending submission and processing of a permit application.

4.    Governmental Agencies. Tree trimming, removal or transplanting performed by, or on behalf of, governmental entities or agencies.

5.    Public Utilities. Repair or maintenance work performed by public utilities necessitating the trimming or cutting of trees.

6.    Dead or Damaged Trees. The removal or trimming of dead, diseased or damaged trees (as described by a certified arborist or registered forester and approved by the City) provided that the damage resulted from an accident or non-human cause and provided further that the removal or trimming is accompanied through the use of standard forestry practices and techniques.

7.    Tree Management. Where a tree management plan, prepared by a State of Michigan registered forester is submitted to and approved by the Planning Administrator, after consultation with the City expert, tree cutting may occur without a permit. To qualify under this exception, tree management activity shall be for the purpose of reducing the density of trees so as to promote and maintain the health and viability of the remaining trees. The forester shall certify that the tree management activity shall be for the purpose of reducing the density of trees so as to promote and maintain the health and viability of the remaining trees. The management plan shall include a method of felling the trees to be harvested so as to minimize damage to adjacent trees and the means by which cut trees shall be removed from the property without damaging remaining trees, and it shall include methods of correcting any drainage gradient alterations caused by the harvesting activities. The person seeking approval and exemption under this provision shall establish an escrow with the Director of Community Development for the purpose of covering the costs of the City’s expert.

8.    Single Family Residences. Existing single family residential homes are exempt from the provisions and requirements of this Section.

F.    Application for Tree Removal Permit.

1.    Application and Fee. A person seeking a tree removal permit must submit a written application to the Department of Community Development and pay the application/permit fee as established by resolution of the Pontiac City Council.

2.    Time of Application. Application for a tree removal permit shall be made before removing, cutting or transplanting trees. Where the site is proposed for development necessitating site plan or plat review, application for a tree removal permit shall be made prior to site plan or preliminary plat submittal. In cases where there are no trees on a site, no protected trees on a site, or there are no protected trees proposed to be removed from a site, the applicant or developer shall certify those facts to the Planning Administrator, who shall inspect the site to determine the need for a tree removal permit. If the Planning Administrator determines that no tree removal permit is required, then the Planning Administrator shall certify that determination to the Director of Community Development, who shall retain a record of such determinations.

3.    Required Information. The permit application shall include five (5) copies of a plan drawn to scale containing the following information:

a.    Property Dimensions. The boundaries and dimensions of the property, and the location of any existing and proposed structure or improvement, with a statement identifying the type of structure or improvement.

b.    Inventory of Trees. Trees proposed to remain, to be transplanted, or to be removed shall be so designated.

c.    Tree Protection. A statement describing how trees intended to remain will be protected during development.

d.    Easements and Setbacks. Location and dimension of existing and proposed easements, as well as all setbacks required by the Zoning Ordinance.

e.    Grade Changes. Designation of grade changes proposed for the property.

f.    Intended Tree Replacement. A cost estimate for the proposed tree replacement program with a detailed explanation including the number, size and species.

g.    Tree Identification. A statement that all trees being retained will be identified by some method such as painting, flagging, etc., and, where protective barriers are necessary, that they will be erected before work starts.

h.    Building Envelope, Utilities and Driveway. The plan shall show the building envelope, utilities and driveway as existing and/or proposed on the property.

i.    Plan. A topographical survey sealed by a registered engineer or registered surveyor shall be shown on the plat.

j.    Tree Survey. A tree survey prepared by a State of Michigan registered forester for all areas for which a Tree Removal Permit is required.

G.    Application Review Procedure.

1.    Department Review. The Planning Department shall review the submitted tree removal permit application to verify the applicant has provided all required information. Upon request of either the applicant or the City of Pontiac, the City may conduct a field inspection or review, and the applicant shall be required to cooperate in the field inspection. In the event that the applicant fails to cooperate, the Planning Department is authorized to cease further processing of the application until such a time as it achieves the necessary cooperation.

2.    Reviewing Authority. Where the site is proposed for development necessitating site plan review or the preliminary plat review by the Planning Commission, the Planning Commission shall be responsible for granting or denying the application for a tree removal permit. Where site plan review or plat approval by the Planning Commission is not required by ordinance, the grant or denial of the tree removal permit application shall be the responsibility of the Planning Department. Where the use of a consultant is reasonably required by the City in connection with a site plan or plat review, the property owner shall establish an escrow in an amount determined by City Council resolution to be a reasonable fee, out of which the consultant’s fee shall be paid. The decision to grant or deny a tree removal permit by the City Planning Commission, the City Council, or the Director of Planning shall be governed by the tree permit requirements enumerated in subsection H, below.

3.    Tree Removal Permit Approval. Final approval of the subdivision plat by the City Council or final site plan approval by the Planning Commission shall constitute approval under this ordinance and constitute the issuance of a tree removal permit. Whenever an application for a tree removal permit is granted, the reviewing authority shall:

a.    Conditions. Attach to the granting of the permit any reasonable conditions considered necessary by the reviewing authority to ensure the intent of this ordinance will be fulfilled and to minimize damage to, encroachment in or interference with natural resources and processes within wooded areas, including, without any limitation, the trees to be preserved.

b.    Completion of Operations. Fix a reasonable time, up to a maximum of eighteen (18) months, to complete tree removal, transplanting and replacement operations ensuring that plantings occur at correct times of the year; and c. Security. Require the permit grantee, in residential or commercial development cases, to file with the City of Pontiac a cash or corporate surety bond or irrevocable bank letter of credit in an amount reasonably determined necessary by the City to ensure compliance with the tree removal permit conditions and this ordinance in regard to transplanting and replacement of trees, except that vacant small tracts involving development of one single family residential home shall be exempt from this requirement.

d.    Term of Permit. A tree removal permit issued under this Section shall be null and void if completion of work permitted under the permit has not occurred within a reasonable time, not to exceed eighteen (18) months after issuance of the permit. The date of issuance of a permit shall be considered to be commencement of work and shall determine the beginning of the eighteen (18) month period referred to above. In addition, a permit shall be void after the expiration of eighteen (18) months from the date of issuance. Permits are not transferable, and successors in interest are required to submit a new or renewed application for a permit.

4.    Denial of Tree Removal Permit. Whenever an application for a tree removal permit is denied, the permit applicant shall be notified in writing of the reasons for denial using the application review standards in subsection H, below.

H.    Tree Permit Requirements. The following standards shall govern the granting or denial of an application for tree removal permit:

1.    Building Envelopes. The developer shall designate building envelopes for all structures. Such designation shall be made with the objective of preserving protected trees, and the Reviewing Authority shall have discretion to require reasonable adjustments in this regard.

2.    Minimum Preservation Requirement.

a.    Minimum Preservation. The developer shall preserve and leave standing and undamaged a minimum of eighty (80%) of the total number of protected trees on the lot having a d.b.h. of 6 inches or greater. However, trees contained within the designated building envelope, or within required drainage, or utility improvement areas, and/or driveway and sidewalk areas, as determined by the Reviewing Authority and City Engineer, based upon plans presented by the developer, and on-site inspection, and to the extent removal is necessary, shall not be included in the calculation for determining the required minimum preservation percentage.

b.    Reduction of Preservation Requirements. The Planning Commission shall have the authority to reduce the preservation requirements if it finds that the following criteria have been met.

i.    Unique conditions on the site make development impossible without removing additional trees.

ii.    The applicant has submitted at least three (3) substantially different site layouts superimposed over the tree survey and showing tree preservation possible for each alternative in order to demonstrate that the maximum feasible tree preservation has been achieved. In order to qualify as substantially different, the alternate layouts should incorporate different building footprint placements and shapes, different parking and maneuvering aisle locations, and alternate locations for other proposed site improvements. Plans that show proposed improvements such as buildings, detention ponds, and paved areas in essentially the same location or in the same layout on the site shall not be considered substantially different.

3.    Tree Protection.

a.    Placing Materials Near Tree. No person may conduct any activity within the critical root zone of any protected tree designated to remain, including, but not limited to, placing solvents, building material, construction equipment or soil deposits.

b.    Attachments to Trees. During construction, no person shall attach any device to any remaining protected tree except for the protection of a tree in accordance with forestry procedures.

c.    Protective Barrier. Before development, land clearing, filling or any land alteration for which a Tree Removal Permit is required, the developer shall erect and maintain suitable barriers to protect remaining trees. The location and construction of protective barriers on the site shall be inspected and approved by the City prior to any construction activity occurring on the site, and the protective barriers shall remain in place until the City authorizes their removal or issues a final certificate of occupancy, whichever occurs first. Wood, metal or other substantial material shall be utilized in the construction of barriers. Barriers are required for all trees designated to remain, except in the following cases:

i.    Rights-of-Way and Easements. Street right-of-way and utility easements may be cordoned by placing stakes a minimum of fifty (50) feet apart and tying ribbon, plastic tape, rope, etc. from stake to stake along the outside perimeters of areas to be cleared.

ii.    Large, Separate Areas. Large property areas separate from the construction or land clearing area onto which no equipment will venture may also be cordoned off.

4.    Preservation and Conservation. Tree preservation and conservation shall be of paramount concern and importance, provided, that an application shall not be denied solely because of the presence of some trees on the site.

5.    Developmental Alternatives. Preservation and conservation of wooded areas, trees, similar woody vegetation, wild life and related natural resources and processes shall have priority over development when there are feasible and prudent location alternatives on site for proposed buildings, structures or other site improvements.

6.    Land Clearing. Where the proposed activity consists of land clearing, it shall be limited to areas to be improved for roadways, sidewalks, drainage and utilities and areas necessary for the construction of buildings, structures or other site improvements as shown on an approved site plan or subdivision plat. This subsection shall not be construed to undermine other standards of this ordinance.

7.    Residential Development. Where the proposed activity involves residential development, residential units shall, to the extent reasonably feasible, be designed and constructed to blend into the natural setting of the landscape.

8.    Compliance with Statutes and Ordinances. The proposed activity shall comply with all applicable statutes and ordinances.

9.    Relocation or Replacement. The proposed activity shall include necessary provisions for tree relocation or replacement, in accordance with subsection I below.

I.    Tree Relocation or Replacement.

1.    Tree Replacement Required. For each protected tree that is permitted to be removed by permit granted under this section, the developer shall provide one tree replacement credit.

2.    Tree Replacement Credits. Replacement trees shall be provided such that the total credits as identified in the following table equal the total number of protected trees to be removed from the site.

3.    Replacement Tree Requirements.

a.    Replacement trees shall have shade potential and/or other characteristics comparable to the removed trees and must be approved by the City of Pontiac prior to planting. Replacement trees must be staked, fertilized and mulched, and shall be guaranteed for two (2) years.

b.    Trees usable for replacement trees may be transplanted on site using appropriate and accepted procedures and precautions.

4.    Replacement Tree Location.

a.    City Approval Required. The City of Pontiac shall approve tree relocation or replacement locations in order to provide optimum enhancement, preservation and protection of wooded areas. To the extent feasible and desirable, trees shall be relocated or replaced on-site and within the same general area as trees removed, provided that survival shall not be jeopardized by improvements or activities.

b.    Relocation or Replacement Off-site. Where it is not feasible and desirable to relocate or replace trees on site, relocation or replacement may be made at another location in the City of Pontiac approved as part of the permit. If no feasible or desirable location for replacement trees exists at the time of permit approval, the developer may provide compensation in other forms deemed acceptable by the City that achieve the overall goals of this section and equal to the current market value of the replacement credits required.

5.    Replacement Tree Diversity. If fifteen (15) or more replacement tree credits are required, no one species of replacement tree shall account for more than thirty percent (30%) of all required replacement trees. If fewer than fifteen (15) replacement tree credits are required, there is no diversity requirement.

J.    Display of Permit; Stop Work, Certificate of Occupancy.

1.    Display of Permit. The tree removal permit grantee shall conspicuously display the permit on-site. The permit grantee shall display the permit continuously while trees are being removed or replaced or while activities authorized under the permit are performed. The permit grantee shall allow City representatives to enter and inspect the premises at any reasonable time, and failure to allow inspection shall constitute a violation of this Section.

2.    Stop Work; Withholding Certificate of Occupancy. The Planning Director may issue a stop work order or withhold issuance of a certificate of occupancy, permits or inspections if this section is being violated and/or until the provisions of this section, including any conditions attached to a tree removal permit, have been fully met.

K.    Violations of Woodlands Preservations Ordinance. Any person violating any provision of this ordinance shall be guilty of a misdemeanor punishable by a fine of up to five hundred dollars ($500.00) or imprisonment for up to ninety (90) days, or both. Inspectors of the Community Development department or police officers may issue tickets or citations for violations of this ordinance. The Law Department may issue complaints and warrants for violations of this ordinance. The removal or damage of each protected tree shall constitute a separate offense.

L.    Variances and Rights of Appeal. Upon the application of a person denied a tree removal permit by the Planning Commission or the Planning Department, or upon the application of a person who reasonably believes that a practical difficulty exists with respect to strict compliance with this ordinance, the Zoning Board of Appeals may consider a variance if a finding of practical difficulty can be made. Refer to Article 6, Chapter 4.

A.    Intent. It is the intent of this section to require a minimum setback from natural features, and to regulate property within such setback in order to prevent physical harm, impairment and/or destruction of or to a natural feature. It has been determined that, in the absence of such a minimum setback, intrusions in or onto natural features would occur, resulting in harm, impairment and/or destruction of natural features contrary to the public health, safety and general welfare. This regulation is based on the police power, for the protection of the public health, safety and welfare, including the authority granted in the Zoning Enabling Act.

B.    Purpose. The purpose of this section is to establish and preserve a minimum setback from natural features to recognize and make provision for the special relationship, interrelationship and interdependency between the natural feature and the setback area. This section acknowledges the unique spatial relationship between the setback and natural feature. It also acknowledges the interdependency of these areas in terms of physical location, plant and animal species diversity, over land and subsurface hydrology, water table, water quality, and erosion of sediment deposition.

    If a greater setback or prohibition is required by other ordinance, or other provision of this ordinance, such greater setback or prohibition shall apply.

C.    Definitions. Following are definitions of terms used in this section:

1.    Natural Feature means a wetland, as defined by the Michigan Department of Natural Resources and Environment (MDNRE), or watercourse.

2.    Watercourse. Any waterway including a river, stream, creek, lake, vernal pool, pond, or any body of surface water having a boundary or edge, a bed and visible evidence of a continued flow or continued occurrence of water.

D.    Natural Feature Setback.

1.    Setback Required. A setback of 25 feet from the edge of the natural feature measured horizontally on a line perpendicular to the natural feature shall be maintained in relation to all areas defined in this Ordinance as being a "natural feature," with the following exceptions:

a.    Any land located in the C-2 district is exempt from the natural feature setback requirement.

b.    It is determined to be in the public interest not to maintain such setback in accordance with subsection 4, below.

2.    Prohibited Activities. There shall be no construction, removal, or deposit of any structures or soils, including dredging, filling or land balancing. No vegetation cutting or removal is permitted within a natural feature setback except in accordance with an approved site plan.

3.    Permitted Activities. The following activities are permitted within a natural feature setback:

a.    Fences and pervious accessory structures.

b.    Maintenance of previously established lawn areas.

c.    Grading and filling necessary in order to conform to City, County, State or Federal ordinances or requirements.

d.    Seasonal recreational structures for watercourse use.

e.    Planting of non-invasive trees and other vegetation listed in Appendix C of the LID Manual for Michigan, available at the Planning Department, but not the use of fertilization.

f.    Exceptions to the above may be granted by the City Engineer when there will be no negative impact on the natural feature.

g.    If and to the extent that the City is prohibited by its ordinances and/or law from regulating the proposed activity in or on the respective natural feature, regulation under this section shall be exempted.

4.    Determination of Public Interest. In determining whether proposed construction or operations are in the public interest, the benefit which would reasonably be expected to accrue from the proposal shall be balanced against the reasonably foreseeable detriments of the construction or other operation, taking into consideration the local, state and national concern for the protection and preservation of the natural feature in question. If, as a result of such a balancing, there remains a debatable question whether the proposed project and/or operation is clearly in the public interest, authorization for the construction and/or operation within the natural feature setback shall not be granted. The following general criteria shall be applied in undertaking this balancing test:

a.    The relative extent of the public and private need for the proposed activity;

b.    The availability of feasible and prudent alternative locations and methods to accomplish the expected benefits from the activity;

c.    The extent and permanence of the beneficial or detrimental effects which the proposed activity may have on the public and private use to which the area is suited, including the benefits the natural feature and/or natural feature setback provides;

d.    The probable impact of the proposed construction and/or operation in relation to the cumulative effect created by other existing and anticipated activities on the natural feature to be protected;

e.    The probable impact on recognized historic, cultural, scenic, ecological, or recreational values, and on fish, wildlife and the public health;

f.    The size and quantity of the natural feature setback being considered;

g.    The amount and quantity of the remaining natural feature setback;

h.    Proximity of the proposed construction and/or operation in relation to the general natural feature, taking into consideration the degree of slope, general topography in the area, soil type and the nature of the natural feature to be protected;

i.    Economic value, both public and private, of the proposed construction and/or operation, and economic value, both public and private, if the proposed construction and/or operation were not permitted; and

j.    The necessity for the proposed construction and/or operation.

It shall be unlawful for any person, firm, or corporation to emit or create any smoke or air contaminant in violation of applicable air quality standards adopted by the Federal Clean Air Act and the Michigan Department of Natural Resources and Environment (MDNRE).

Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public or which interferes unreasonably with the comfort of the public shall be removed, stopped, or so modified as to remove the odor. Such odors shall be prohibited when perceptible at any point along the property line.

The escape or emission of any gas which is injurious or destructive, harmful to person or property, or explosive is prohibited.

A.    Noise which is objectionable due to intensity, frequency, or duration shall be muffled, attenuated, or otherwise controlled, subject to the following:

1.    Objectionable sounds of an intermittent nature, or sounds characterized by high frequencies shall be controlled so as not to become a nuisance to adjacent uses.

2.    Sirens and related apparatus used solely for public purposes are exempt from this requirement. Noise resulting from temporary construction activity shall also be exempt from this requirement.

3.    The intensity level of sounds shall not exceed the following decibel levels when adjacent to the following types of uses:

4.    Construction activity creating noise exceeding 55 decibels (dbA) as measured at the boundary or property lines is allowed only during the hours of 7 am to dusk unless otherwise approved by the City.

5.    The sound level shall be measured with a type of audio output meter approved by the United States National Institute of Standards and Technology. Objectionable noises due to intermittence, beat frequency, or shrillness, shall be muffled so as not to become a nuisance to adjacent uses even if falling below the decibel limits of subsection 3, above.

B.    Vibration. No use shall generate any ground transmitted vibration in excess of the limits set forth below. Vibration shall be measured at the nearest adjacent lot line. The vibration maximums set forth below are stated in terms of particle velocity, which may be measured with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following standards shall apply:

    If requested by the enforcement official, the petitioner shall provide evidence of compliance with the above noted vibration calculations.

    Vibrations resulting from temporary construction activity shall be exempt from the requirements of this Section.

No use shall create any electrical disturbance that adversely affects any operations of equipment other than those of the creator of such disturbance, or cause, create or contribute to the interference with electronic signals (including television and radio broadcasting transmission) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

A.    Any person, firm, corporation or other legal entity operating a business of conducting an activity that uses, stores, or generates hazardous substances shall obtain the necessary permits and/or licenses from the appropriate Federal, State or local authority having jurisdiction. The City shall be informed of any and all inspections conducted by a Federal, State of local authority in connection with a permit and/or license.

B.    Any person, firm, corporation or other legal entity operating a business or conducting an activity which uses, stores, or generates hazardous substances shall provide a description of hazardous substances and management procedures for approval by the City Fire Marshall in conjunction with the following:

1.    Upon submission of a site plan.

2.    Upon any change of use or occupancy of a structure or premise.

3.    Upon any change of the manner in which such substances are used, handled, stored, and/or in the event of a change in the type of substances to be used, handled or stored.

A.    Glare from any process, such as or similar to arc welding or acetylene torch cutting, which emits harmful ultraviolet rays shall be performed in such a manner as not to be seen from any point beyond the property line, and as not to create a public nuisance or hazard along lot lines.

B.    Radioactive materials and wastes, including electromagnetic radiation such as X-ray machine operation, shall not be permitted to exceed quantities established as safe by the United States National Institute of Standards and Technology, when measured at the property line.

C.    Glare from automobile headlights or commercial or industrial vehicle headlights shall not be directed into any adjacent property so as to become a nuisance.

The storage and handling of flammable liquids, liquefied petroleum gases and explosives shall comply with the state rules and regulations as established by Public Act No. 207 of 1941 (MCL 29.1 et seq.).

All properties within the City shall be maintained in accordance with the requirements of the Property Maintenance Code.

No industrial operations shall directly discharge industrial waste of any kind into any river, stream, reservoir, pond, or lake. All methods of sewage and industrial waste treatment and disposal shall be approved by the city and state health departments or Department of Natural Resources.