Port Huron City Zoning Code

The boundaries of the districts established in § 52-161 are shown upon the map attached to the ordinance from which this chapter is derived and made a part of this chapter, which map is designated as the Zoning Map of the City. The Zoning Map on file in the office of the City Clerk and all notations, references, and other information shown thereon are a part of this chapter and have the same force and effect as if such Zoning Map and all such notations, references, and other information shown thereon were fully set forth or described in this chapter.

Except where reference on such map is to a street or other designated line by the dimensions shown on such map, the boundary lines follow lot lines or the center lines of the streets or alleys or such lines extended and the corporate City limits, as they existed at the time of the adoption of the ordinance from which this chapter is derived.

Where a district boundary line, as established in this section or as shown on the Zoning Map, divides a lot which was in a single ownership and of record at the time of enactment of the ordinance from which this chapter is derived, the use authorized thereon and the other district requirements applying to the least restricted portion of such lot under this chapter shall be considered as extending to the entire lot, provided that the more restricted portion of such lot is entirely within 25 feet of such dividing district boundary line. The use so extended shall be deemed to be conforming.

Questions concerning the exact location of district boundary lines shall be determined by the Zoning Board of Appeals after recommendation from the Planning Commission, according to the rules and regulations which may be adopted by it.

Encourage the construction and the continued use of the land for owner-occupied, single-family dwellings.

Prohibit business, commercial or industrial use of the land and prohibit any other use which would substantially interfere with development or continuation of owner-occupied, single-family dwellings in the district.

Encourage the discontinuance of existing uses that would not be permitted as new uses under this chapter.

Discourage any land use which would generate traffic on minor or local streets other than normal traffic generated by the residences on those streets.

Single-family detached dwellings with one dwelling unit per tax parcel. Guesthouses or apartments are not allowed.

Churches and other facilities normally incidental thereto, provided ingress and egress from the site is onto a major thoroughfare. The minimum site size shall be two acres, and no building shall be located less than 20 feet from any other lot in any residential district. Off-street parking shall be provided according to Article VI.

Publicly owned and operated parks, playfields, museums, libraries and other recreation facilities, provided that any building shall be located not less than 40 feet from any other lot in any residential district.

Public, parochial or private elementary, intermediate and/or high schools offering courses in general education, not operated for profit, provided that such buildings shall be located not less than 20 feet from any other lot in any residential district.

Municipal, state or federal administrative or service buildings, provided that such buildings shall be located not less than 20 feet from any other lot in a residential district.

Accessory buildings and uses customarily incidental to the principal permitted uses in Subsections (1) through (6) of this section.

Off-street parking for the principal permitted uses in accordance with the requirements of Article VI of this chapter. Parking must be on the same property as the main structure.

Building additions to existing hospitals, sanitariums, nursing or rest homes. Any such building additions shall be distant at least 100 feet if for hospitals or sanitariums and 50 feet if to nursing or rest homes from any other lot in any residential district not in a similar use.

Adult foster care family home or adult foster care small group home, state licensed for six or fewer adults. Signage is not allowed.

State-licensed child foster family homes or child foster family group homes for fewer than seven children. Signage is not allowed.

There shall be no new residential rental units except if granted a hardship exception as provided in Chapter 10, Article V, Rental Certification, § 10-178. Any hardship exceptions must conform to Chapter 10, Article V, and be a registered, certified rental unit. Dwellings rented for less than 30 days, home sharing, vacation rentals, or any other transient residential occupancy as defined in this chapter shall not be allowed.

Community center, a government or nonprofit facility used for recreational, social, educational, cultural, or advisory services and activities. Services may be targeted to certain populations (e.g., youth, seniors) but membership is available to the general public.

Private parks, country clubs, golf courses, and golf driving ranges, when located on a parcel of five acres or more in area. Any structure on such parcel shall be located at least 200 feet from a lot line of any adjacent residential district.

Public utility buildings, telephone exchange buildings, electric transformer stations and substations, and gas regulator stations, but not including storage yards, when operating requirements necessitate locating within the district to serve the immediate vicinity, and such use is not injurious to the surrounding neighborhood.

Family child care home, state licensed for six or fewer children, subject to the following conditions:

Cemeteries adjacent to or an extension to existing cemeteries, subject to the following conditions:

Home occupations as defined in § 52-695.

Temporary buildings for uses incidental to construction work for a period not to exceed one year.

Additions or expansions to existing parking lots for nonresidential uses allowed after receiving a special approval use permit. Parking must be on the same property as the main structure and subject to the following conditions:

Encourage the construction and the continued use of the land for single- and two-family dwellings.

Prohibit business, commercial or industrial use of the land and prohibit any other use which would substantially interfere with development or continuation of single- and two-family dwellings in the district.

Encourage the discontinuance of existing uses that would not be permitted as new uses under this chapter.

Discourage any land use which would generate traffic on minor or local streets other than normal traffic generated by the residences on those streets.

All principal permitted uses in the R District. Certified, registered residential rental units are allowed and must conform to all City codes and ordinances, specifically Chapter 10, Article V, Rental Certification, of the City Code of Ordinances.

Two-family dwellings.

Accessory buildings and uses customarily incidental to the principal permitted uses in Subsections (1) and (2) of this section.

Off-street parking in accordance with the requirements of Article VI of this chapter.

All permitted uses after special approval in the R District, subject to the terms and conditions therein.

Professional or business office approval shall be conditioned upon the meeting of the building height limit, side yard width, rear yard depth, front yard depth and plat coverage required in the district in which the site is located and conditioned further that the automobile parking spaces shall be in accordance with § 52-772. If there is a question as to whether or not a use is indeed an office, the Planning Commission shall decide first if an occupation is suitable as an office per the definition before the special permit is granted.

A professional office shall not be located in the same structure or on the same lot as a residential use. If an existing residential structure is converted to an office, the entire structure shall be used for said office. Said building shall be renovated according to the existing building code for a commercial use, including barrier-free codes. The parking lot shall be paved, drained, and screened from any adjacent residential use.

A temporary building for commerce or industry for a period of not more than one year, when incidental to the erection or servicing of structures or uses permitted in such districts.

Governmental uses when found to be necessary for the public health, safety, convenience or welfare.

Family child care home, state licensed for six or fewer children, subject to the following conditions:

Commercial boat wells, provided that the number of commercial boat wells does not exceed one well for each 25 feet of lot water frontage and that one off-street parking space in addition to private residence is provided per boat well. No private water, sanitary or similar services may be provided. Appropriate permits, as necessary, must be obtained from the United States Army Corps of Engineers and/or the Department of Environmental Quality as required prior to issuance of special approval use permit.

Bed-and-breakfast facilities as provided in § 52-696.

Additions or expansions to existing parking lots for businesses allowed after receiving a special approval use permit, or multifamily uses, subject to the following conditions:

A certified, registered residential rental unit that is rented for less than 30 days, such as a vacation rental, home sharing, or any other transient residential occupancy as defined by this chapter, is allowed after special approval and a public hearing of Planning Commission. The unit must be a certified residential rental unit in conformance with Chapter 10, Buildings and Building Regulations, Article V, Rental Certification, of the City Code of Ordinances. A site plan shall be submitted to indicate parking on the property. The Planning Commission has the right to impose contingencies, such as a screening fence, on the property. Hotels and motels are not allowed.

Site plan review is required per the requirements of § 52-697 for any permitted use allowed after special approval, and any nonresidential principal permitted use.

Sober living homes, also known as "three-quarter houses," per the requirements as defined in § 52-5, Definitions R through Z.

All principal permitted uses allowed in the R-1 Districts, subject to the terms and conditions therein.

Single- and two-family dwellings. A single-family home must be constructed on a lot that has a minimum of 7,000 square feet. A two-family dwelling must be constructed on a lot that has a minimum of 10,000 square feet. Multiple single-family detached condominiums are allowed with three or more buildings on one site. The minimum site size shall be 5,000 square feet per building. Duplex condominiums are allowed with two or more buildings on one site. The minimum site size shall be 7,000 square feet per duplex building. Site size shall be in accordance with the Schedule of Regulations.

Multiple-family dwellings, including boardinghouses, rooming houses, apartments, townhouses, row houses and dwelling groups, provided all such dwellings shall have at least one property line abutting a major thoroughfare with a minimum site size of 10,000 square feet. All ingress and egress shall be directly onto such major thoroughfare.

Churches and other facilities normally incidental thereto, provided ingress and egress from such site is onto a major thoroughfare. The minimum site size shall be two acres, and no building shall be located less than 20 feet from any other lot in any residential district.

Publicly owned and operated parks, playfields, museums, libraries and other recreation facilities, provided that any building shall be located not less than 40 feet from any other lot in any residential district.

Public, parochial or private elementary, intermediate and/or high schools offering courses in general education, not operated for profit, provided that such buildings shall be located not less than 20 feet from any other lot in a residential district.

Municipal, state or federal administrative or service buildings, provided that such buildings shall be located not less than 20 feet from any other lot in a residential district.

Private schools and educational institutions.

Convalescent and/or nursing homes, memory care facilities, homes for the aged, or group living quarters for the mentally retarded or mentally ill, not to exceed a height of 2 1/2 stories.

Accessory buildings and uses customarily incidental to the principal permitted uses in Subsections (1) through (9) of this section.

Off-street parking in accordance with the requirements of Article VI of this chapter.

State-licensed adult foster care homes, including family homes, small group homes, and large group homes. Foster care homes must provide off-street parking in accordance with the requirements in Article VI of this chapter.

State-licensed child foster family homes or child foster family group homes for fewer than seven children.

Independent or assisted living facilities. The structure shall be limited to a three-story building in the A-1 Zone; however, the apartment unit sizes and number of dwelling units per land size shall be in accordance with the high-rise apartment requirements as required in the A-2 Zoning District, per Division 16, Schedule of Regulations. If state licensed, the facility does not have to follow the City zoning ordinance regulations for apartment unit sizes.

Uses which are allowed after special approval in the R and R-1 Districts except public parks and governmental buildings which are allowed as a principal permitted use in the A-1 District.

Manufactured home parks, subject to the requirements as established and regulated by Public Act No. 96 of 1987 (MCL 125.2301 et seq.).

Professional and business office approval shall be conditioned upon the meeting of the building height limit, side yard width, rear yard depth, front yard depth and plat coverage required in the district in which the site is located and conditioned further that the automobile parking spaces required shall be in accordance with § 52-772.

A professional office shall not be located in the same structure or on the same lot as a residential use. If an existing residential structure is converted to an office, the entire structure shall be used for said office. Said building shall be renovated according to the existing building code for a commercial use, including barrier free codes. The parking lot shall be paved, drained, and screened from any adjacent residential use.

A temporary building for commerce or industry for a period of not more than one year, when incidental to the erection or servicing of structures or uses permitted in such districts.

Bed-and-breakfast facilities or tourist homes as defined in § 52-696.

Adult day-care center with off-street parking in accordance with the requirements of Article VI of this chapter.

State licensed family child care home (six or fewer children), group day care home (up to a maximum of 12 children), or child day-care center (with a minimum site size of 20,000 square feet) subject to the following conditions:

Home occupations as defined in § 52-695.

All site plans shall show two means of ingress and egress to the project to permit adequate circulation for safety equipment, except that for projects under 10 acres one boulevard entranceway may be sufficient.

In all multiple projects of over 100 dwelling units, parking shall not be allowed along the main circulation drive.

All principal permitted uses in the A-1 District, except single-family dwellings. Multiple single-family detached condominiums are allowed with three or more buildings on one site. The total site size shall be 5,000 square feet per building. Duplex condominiums are allowed with two or more buildings on one site. The total site size shall be 7,000 square feet per duplex building.

High-rise multiple-family residential structures subject to the following conditions:

Foster family homes, foster family group homes and adult foster care family homes.

Accessory buildings and uses customarily incidental to the principal permitted uses in Subsections (1) through (3) of this section.

Off-street parking in accordance with the requirements of Article VI of this chapter.

Uses which are allowed after special approval in the A-1 District, including the following: Retail and service uses such as restaurants, drugstores, banks, professional and business offices, personal services, bed-and-breakfast facilities, home occupations, and other similar uses, and that such uses are in harmony with the character and the quality of the multiple-family development. Professional offices may be located on the first floor of a multiple-family high rise structure of four or more stories if the entire first floor is devoted to office space.

State licensed family child care home (six or fewer children), group day care home (up to a maximum of 12 children), or child day-care center (with a minimum site size of 20,000 square feet), subject to the following conditions:

Transitional housing facility/homeless shelter as defined in § 52-5 and subject to the following conditions:

The long-range development plan of February 12, 1970, as approved by the City Council and as it may be amended and approved by the City Council;

The specific rules and regulations for the CCD District adopted from time to time and placed on public record by the City Council in the office of the City Clerk; and Subsections (1) and (2) of this section shall, prima facie, be deemed to have qualified for approval as a permitted use.

In the B District, no uses shall be permitted, unless otherwise provided in this chapter, except the following:

Signage for all businesses shall be in accordance with § 52-831. Hours of operation shall be limited to between 8:00 a.m. and 8:00 p.m.

All business, service or processing shall be conducted wholly within a completely enclosed building, provided further that all lighting in connection with permitted business uses shall be so arranged as to reflect the light away from all adjoining residential buildings or residentially zoned property.

All business or service establishments shall be for the purpose of dealing directly with consumers. All goods produced or processed on the premises shall be sold at retail on the premises where produced and/or processed.

All principal permitted uses in the B District.

Any retail business whose principal activity is the sale or rental of merchandise must be within a completely enclosed building.

Business service establishments performing services on the premises such as office machine and typewriter repair, printing, blueprinting.

Any service establishment of an office, showroom, or workshop nature within a completely enclosed building such as that of a taxidermist; decorator; upholsterer; caterer; exterminator; building contractor, including electrical, glazing, heating, painting, paperhanging, plumbing, roofing, ventilating, and plastering; small engine repair; and similar establishments that require a retail adjunct. No outside storage yards or displays shall be permitted.

Photographic film developing and processing.

Physical culture establishments, including gymnasiums and reducing salons, health and fitness clubs, and massage establishments, as defined in this chapter and in accordance with Chapter 12, Article VIII, Massage Establishments, of the City Code of Ordinances.

Bowling alleys, skating rinks, sports arenas, arcades, pool halls, enclosed tennis, swimming or golf facilities, and other indoor recreational or entertainment facilities such as theaters, concert halls, casinos, or convention centers, when conducted within a completely enclosed building that is located at least 100 feet from any property zoned in a residential classification.

When adjacent to a residential area, there shall be a 20-foot-wide landscaped green belt buffer around the perimeter of said facility at the street and interior property lines. Parking or maneuvering lanes shall not be located within this 20-foot buffer. A driveway entrance shall not be located on a street adjacent to a residential use without approval from the Planning Department. To reduce noise and traffic along residential streets, it is preferred to have the entrance to the facility on a street which abuts a nonresidential area.

Hotels and motels.

Eating and drinking establishments, provided that all food or beverages are consumed within a completely enclosed building. Outdoor food preparation, such as cooking on a grill, rotisserie, barbecue, etc., may be allowed with use certificate approval from the Planning and Fire Departments under certain conditions. Outdoor seating may be allowed after approval from the City with request from the property owner. Outdoor dining can be of two types: that which is located adjacent to the restaurant on the restaurant's private property, or that which is considered a sidewalk cafe located on public property on the sidewalk in the right-of-way.

Outdoor dining adjacent to a restaurant establishment may be allowed with certain restrictions:

Assembly halls, private and public clubs and lodges, private or public museums, 501(c)(3) nonprofit organizations, accredited or certified trade schools, colleges or universities and related facilities, including residential and retail. Residential buildings for students are allowed on college or university campus sites when located on the same parcel of land with the institutional building. Each unit shall be built as an apartment as defined in this chapter. There shall be a maximum of two bedrooms in each residential apartment unit with a maximum of two occupants per bedroom or four occupants per unit. Student residential buildings shall meet the zoning requirements of multifamily structures as located in the A-2 Zone for building size, lot density, and yard setback requirements. The height of the building shall be in accordance to the Schedule of Regulations for the C-1 Zone.

Funeral parlors or mortuaries.

Television and radio studios and towers subject to the requirements of § 52-689.

Other uses similar to Subsections (1) through (12) of this section, subject to the following restrictions:

Bus passenger stations, taxicab businesses including offices, dispatch facilities, and car storage/parking lots. Vehicles shall be allowed to park outside the building on a paved parking surface and shall follow the setback regulations for parking lots in the C-1 Zone in accordance with the requirements of Article VI of this chapter.

Off-street parking in accordance with the requirements of Article VI of this chapter.

Accessory buildings and uses customarily incidental to the principal permitted uses in Subsections (1) through (15) of this section, including sleeping or living quarters of security, watchman, or caretaker. All accessory buildings subject to the regulations as indicated in § 52-676.

Nursery schools, day nurseries and child day-care centers, not including dormitories, which are state licensed, subject to the following conditions:

Adult day-care center subject to off-street parking in accordance with the requirements of Article VI of this chapter.

Any of the permitted uses in this section with a drive-through facility or drive-up window used as an accessory use for the business. When such drive-through business is located adjacent to a residential district and not separated by a street or alley, there shall be a five-foot buffer with landscaping and a five-foot-high screening fence or masonry wall located at the property line between the drive-through business and the residentially zoned property.

Churches and other facilities normally incidental thereto, provided ingress and egress from such site is onto a major thoroughfare. The minimum site size shall be two acres. Off-street parking shall be included in accordance with the requirements of Article VI of this chapter.

Pet grooming or pet training facilities are allowed, provided the animals are not kept overnight and all activities are kept indoors. Overnight boarding facilities are only allowed after a special approval use permit from Planning Commission.

Retail sales of auto parts, accessories, tires, or auto-related items are allowed, provided all sales and merchandise are kept within a completely enclosed building and provided there is no installation service provided. Any installation of parts or accessories on vehicles, such as tires, mud flaps, roll bars, bed liners, undercoating, running boards, etc., shall be considered an auto service-repair facility and a special approval use permit shall be required. Installation of alarm systems, stereos, CB radios, automatic vehicle starters, and detail shops with retail adjacent shall not require a special approval use permit.

Tattoo parlors or tattoo establishments, as defined in § 52-5, Definitions R through Z, with a current body art facility license from the State of Michigan. A current license for the location in the City of Port Huron must be kept on file with the City Planning Department. Tattoo parlors or tattoo establishments must comply with all required zoning and building code regulations, fire code regulations and any other applicable federal, state and local codes or ordinances. A tattoo parlor or tattoo establishment is prohibited if the property line of said use is within a 500-foot radius of the property line of another tattoo parlor or establishment.

Retail sales of prefilled propane tanks shall be allowed as an accessory use to a business with the approval of the Planning Director and Fire Marshal. The tanks shall be kept in an enclosed, locked building or caged area adjacent to the main building.

Apartments, residential condominiums, and dwelling units located above the first (i.e., street) level of a commercial use are permitted if all of the following are satisfied:

Children's therapeutic group home means a child-caring institution receiving children who are diagnosed with a developmental disability; provides care, maintenance, and supervision, usually on a 24-hour basis; has a capacity of not more than six children; complies with the rules for child-caring institutions; emergency safety intervention in the form of physical management is allowed but must comply with the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, and associated administrative rules; is not a private home; is not located on a campus with other licensed facilities.

Veterinary hospitals and clinics.

Automobile carwash establishments, including steam cleaning, but not rust proofing, provided off-street waiting space is provided in accordance with § 52-774 and provided further that all applicable requirements of this Code are met.

Drive-in establishments. Entrance to or exit from any such use shall be located at least 35 feet from the intersection of any two streets. Such uses shall have direct access to a major thoroughfare. All lighting or illuminated displays shall not reflect onto any adjacent residential zone, and consideration shall be given to proximity of existing places of congregation of children (e.g., schools) regarding traffic safety and sanitation. A site plan shall be submitted showing the traffic pattern and parking areas. A five-foot buffer with landscaping and a five-foot-high screening fence or masonry wall shall be located between the business and any residentially zoned property when not separated by a street or alley. See the definition of a drive-in establishment in § 52-3.

Automobile fuel stations and auto service or repair facilities, subject to the requirements of § 52-678.

Wholesale stores, rental storage facilities, storage trailers as an accessory use to a storage facility, warehouses, distributing plants, freezers and lockers. A special permit may allow outside storage. Any outside storage shall be completely enclosed by a six-foot-tall solid screening fence, not a slatted chain-link fence. If a six-foot fence does not completely screen the items stored, it is at the discretion of the Planning Department to determine if the stored item shall be removed or allow a taller fence.

Open air business uses as follows, in conformance with § 52-690:

New and used car salesrooms, including outdoor sales space and must certify that the business location meets the expanded established place of business requirements required by the regulations for the State of Michigan. The outside vehicle parking display or sales space and customer parking area must be paved per the requirements in § 52-773. Inoperable vehicles or vehicles used for parts may not occupy the premises. If there is an automotive service bay connected with this establishment, the business shall be subject to the regulations of § 52-678 for automobile service stations.

Salesrooms, including outdoor sales space, for recreation vehicles, including boats, snowmobiles, travel trailers, campers, tents and accessory equipment.

Planned community shopping centers, provided the following criteria are met:

A public-owned building, public utility buildings, telephone exchange buildings, electric transformer stations and substations, and gas regulator stations, water and sewage pumping stations.

Kennels, pet boarding facilities, animal shelters, or animal humane societies. The primary shelter and sleeping accommodations for the animals shall be indoors. Outdoor pet activity areas which are supervised are allowed and shall be screened by a minimum six-foot-high solid screening fence or wall. Landscaping must be maintained between the fence/wall and the property line. The animals must be kept in a clean sanitary condition and must be kept in an air conditioned and/or heated area. The animal must be fed and watered. The City Animal Control Officer will have the right to inspect the business at will to check living accommodations.

New single-family and two-family residential structure shall not be allowed as the only use on a parcel, but multiple-family dwellings, including boardinghouses, rooming houses, apartments, townhouses, row houses and dwelling groups, provided all such dwellings shall have a minimum site size of 10,000 square feet. Residential use can occupy the first floor. Parking provisions for tenants must be provided as part of the permit process and in accordance with Section 52-772. Dwelling unit sizes and number of dwelling units per land size shall be in accordance with the A-2 Zoning District, per Division 16, Schedule of Regulations.

All principal permitted uses in the C-1 District. Arcades are only allowed as an accessory use to the principal business and are not allowed as the main use. Tattoo parlors or tattoo establishments, as defined in § 52-5, Definitions R through Z, are allowed with a current body art facility license from the State of Michigan. A current license for the location in the City of Port Huron must be kept on file with the City Planning Department. Tattoo parlors or tattoo establishments must comply with all required zoning and building code regulations, fire code regulations and any other applicable federal, state and local codes or ordinances. A tattoo parlor or establishment is prohibited if the property line of said use is within a five-hundred-foot radius of the property line of another tattoo parlor or establishment.

Theaters, assembly halls, concert halls or similar places of assembly when conducted completely within enclosed buildings.

Newspaper offices and printing plants.

Business and professional offices.

Government buildings and facilities including City or county jails when residing in the same building as a police or sheriff department.

Other uses which are similar to Subsections (1) through (5) of this section and subject to the following restrictions:

Second- or third-story apartments above existing commercial uses. All living quarters must meet other City codes. Dwelling units are not permitted on the ground floor or basement level. Parking provisions for tenants must be provided as part of the permit process and in accordance with § 52-772. Dwelling unit sizes and number of dwelling units per land size shall be in accordance with the A-2 zoning district, per Division 16, Schedule of Regulations.

Off-street parking lots and structures.

Any use which is not ordinarily allowed in the CBD may be permitted by the City Planning Director as a temporary use which is part of a registered and planned convention or exhibition reserved at McMorran Place, a sports and entertainment center owned and operated by the City of Port Huron. A "temporary use" shall be defined as less than 10 contiguous days.

A dormitory, as defined in § 52-3.

Existing single-family residential dwellings. These dwellings can remain "as is" or be renovated within the walls of the existing structure. The footprint of the structure cannot be increased. An accessory building can be constructed on the property in accordance with § 52-676, Accessory buildings. If damaged by fire, wind, or other accidental means, where the damage exceeds 50% of the state equalized value (SEV), the dwelling can be rebuilt as single-family residence if it is rebuilt within the same footprint and dimensions of the original dwelling. Without prior existence, no new single-family residence may be constructed in the CBD on a vacant lot, unless the residence is on the second or third floor of a new building with a commercial use on the first floor, or unless it is replacing a multifamily structure.

Waterfront uses customarily incidental to recreational boating facilities, including sales, service and mooring facilities, as specified in Division 10 of this article.

Permanent open air uses such as fruit and vegetable markets, provided that such uses do not conflict with surrounding uses, do not create traffic congestion, and are in accordance with the intent of the CBD District.

High-rise residential buildings per the requirements of § 52-282(2) through (5) and § 52-621 requirements for construction in an A-2 District.

Multifamily residential development of three stories or less by definition, and per the requirements of Article III, Division 4 of this chapter, off-street parking is required in accordance with the requirements of Article VI of this chapter for multifamily use. One building may be allowed on the property, if there will be 10 or more owner-occupied units in the structure or with approval from the Planning Director. Commercial use can occupy the first floor with a special permit from Planning Commission. Except as provided, residential use can occupy the first floor with a special permit from Planning Commission. Provided, the first floor of any building front-facing Huron Avenue or Military Street between Glenwood Avenue and Griswold Street must be used for commercial purposes. Setbacks, building unit size, and lot density applicable to the A-2 Zoning District shall apply per Division 16, Schedule of Regulations. Setbacks can be waived with a variance from the Zoning Board of Appeals.

Adult entertainment businesses; adult live conduct business (see § 52-416).

Kennels; pet boarding facilities; animal shelters; or animal humane societies. The primary shelter and sleeping accommodations for the animals shall be indoors. Outdoor pet activity areas which are supervised are allowed and shall be screened by a minimum six-foot-high solid screening fence or wall. Landscaping must be maintained between the fence/wall and the property line. The animals must be kept in a clean sanitary condition and must be kept in an air-conditioned and/or heated area. The animal must be fed and watered. The City Animal Control Officer will have the right to inspect the business at will to check living accommodations.

A certified, registered residential rental unit that is rented for less than 30 days, such as a vacation rental, home sharing, or any other transient residential occupancy as defined by this chapter, is allowed after special approval and a public hearing of Planning Commission. The unit must be a certified residential rental unit in conformance with Chapter 10, Article V, Rental Certification, of the City Code of Ordinances. Parking must conform to Article VI of this chapter.

Independent or assisted living facilities. The apartment unit sizes and number of dwelling units per land size shall be in accordance with the high-rise apartment requirements as required in the A-2 Zoning District, per Division 16, Schedule of Regulations. If state licensed, the facility does not have to follow the City Zoning Ordinance regulations for apartment unit sizes.

Preamble. Adult businesses, because of their very nature and when concentrated under certain circumstances, have certain operational characteristics causing serious and deleterious effects upon the surrounding areas and between such areas. It is therefore necessary that such uses and the effects thereof will not contribute to the blighting of or the downgrading of the surrounding neighborhood; therefore, this section is enacted for the purposes of regulating the location of such businesses and so as to prevent the concentration of such uses in any one location within the City.

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Locations of adult entertainment businesses and adult live conduct businesses. An adult entertainment business and adult live conduct business may be located in the City only in accordance with the following restrictions:

Use regulations. Use regulations are as follows:

Public or private development of facilities for the berthing, storage or servicing of boats, yachts, cruisers, inboards, outboards and sailboats.

Accessory buildings and uses customarily incidental to the principal permitted uses in Subsection (1) of this section, including the sleeping or living quarters of security, watchman or caretaker. All accessory buildings subject to the regulations as indicated in § 52-676.

Off-street parking in accordance with Article VI of this chapter.

Retail businesses which supply commodities for persons using the facilities of the district such as the sale of boats, engines, and accessories, fishing equipment and other similar items, and retail sales related to food and beverage items.

Eating and drinking establishments, including retail sales of items related to the establishment, excluding drive-through facilities or establishments with drive-up windows.

Condominium developments per A-1 zoning requirements for one to three stories and A-2 zoning requirements for four or more stories up to a maximum of seven stories.

Hotels and motels, limited to seven stories or less.

Wholesale and warehousing. The sale at wholesale or warehousing of automotive equipment; dry goods and apparel; groceries and related products; raw farm products except livestock; electrical goods; hardware, plumbing, heating equipment and supplies; machinery and equipment; tobacco and tobacco products; paper and paper products; furniture and home furnishings, and any commodity the manufacture of which is permitted in this district;

Industrial establishments as follows:

Public utility uses. Electric transformer stations and substations; electric transmission towers, municipal buildings and uses; gas regulators and municipal utility pumping stations.

Office of a building contractor or construction company. Any storage of goods or equipment must be indoors or totally obscured by a screening fence so the items are not visible from the public or adjacent properties.

Lumber yards or home improvement retail/warehouse facilities. The majority of goods or product must be stored indoors. Any outdoor storage shall be completely enclosed by a six-foot-high screening fence. Items on display for sale, such as gazebos, lawn furniture, garden tractors, etc., may not be displayed in the required front or side yard setbacks.

Indoor storage facilities or warehouses for storage of personal items, or automobiles, including indoor storage of recreational vehicles such as boats, motorhomes, and trailers. No exterior storage shall be allowed.

Accessory buildings and uses customarily incidental to the principal permitted uses in Subsections (1) through (3) of this section, including sleeping or living quarters of security, watchman or caretaker. Storage pods or trailers used for accessory storage for the owner or tenant, located on the same property as an existing building, may be allowed with approval from the Planning Director. Accessory use of tanks to store any liquids, gases, solids, or other similar materials may be allowed with approval by the Planning Director and Fire Marshal. Any tanks that hold combustible or flammable liquids or gases shall be in compliance with Chapter 24, Fire Prevention and Protection, of the City Code of Ordinances, § 24-33. Accessory buildings or tanks shall meet all yard requirements as for accessory structures. All accessory buildings are subject to the regulations as indicated in § 52-676.

Off-street parking in accordance with Article VI of this chapter.

Within the boundaries of the following described industrial parks, the following uses are permitted:

Industrial Park #1 (Business Park #1): That area of land in the City described as lying south of the G.T.W. & C & O railroad right-of-way; west of 16th Street; north of Dove Street; and east of 24th Street. Also property lying south of Dove Street; west of the west line of outlot B, Assessor's Military Street Plat No. 3; north of Cleveland Avenue; and east of 24th Street.

Industrial Park #2 (Business Park #2): Land in the City lying within the following boundaries: beginning at the center line of 26th Street and the south right-of-way line of Dove Street; thence south along such 26th Street center line to the center line of Cleveland Avenue; thence westerly to the west right-of-way line of 28th Street; thence south to the northeast corner of lot 3, Assessor's Vanness & Moak Street Plat No. 1; thence westerly 317.83 feet; thence northerly 20 feet; thence westerly 296.84 feet; thence southerly 20 feet; thence westerly to the east right-of-way line of 32nd Street (City limits); thence northerly to the south right-of-way line of Dove Street (City limits); thence easterly following the City limits; thence following the City limits line northerly; thence easterly to the east right-of-way line of 24th Street; thence southerly along 24th Street to the south right-of-way line of Dove Street; thence westerly to the center line of 26th Street or point of beginning of this description.

Eating and drinking establishments when food or beverage is consumed within a completely enclosed building. Establishments with a character of drive-in or open-front store are prohibited.

Barbershops and beauty shops.

Truck tractor and trailer sales, rental and repair.

New automobile rental and leasing agency; new and used car salesrooms, including outdoor sales space in accordance with § 52-383, and must certify that the business location meets the expanded established place of business requirements required by the regulations for the State of Michigan and Public Act 495 of 2004 (or most-current state regulations). Inoperable vehicles or vehicles used for parts may not occupy the premises. If there is an automotive service bay connected with this establishment, the business shall be subject to the regulations of § 52-678 for automobile service stations.

Motels.

Automobile fuel stations, and automobile service or repair facilities, in accordance with § 52-678.

Drive-in theaters, provided that:

Dog kennels; pet boarding facilities; animal shelters; or animal humane societies. The primary shelter and sleeping accommodations for the animals shall be indoors. Outdoor pet activity areas which are supervised are allowed and shall be screened by a minimum six-foot-high solid screening fence or wall. Landscaping must be maintained between the fence/wall and the property line. The animals must be kept in a clean, sanitary condition and must be kept in an air-conditioned and/or heated area. The animal must be fed and watered. The City Animal Control Officer will have the right to inspect the business at will to check living accommodations.

Outdoor recreational vehicle storage yards for storage of boats, motor homes, and travel trailers. All exterior storage shall be completely enclosed by a six-foot-high screening fence.

Equipment rental facilities.

Truck and bus terminals. Any outdoor storage of trucks or buses shall be enclosed by a six-foot-high screening fence.

Indoor recreational facilities, such as sports arenas.

Rental storage facilities requiring exterior storage space. All exterior storage shall be completely obscured by a six-foot-high screening fence so as not to be seen by the public or adjacent properties.

Probation, parole, rehabilitation, or recovery facilities, as defined in §§ 52-4 and 52-5, and subject to the following conditions:

Sorting or recycling facilities that reprocess paper, metal, glass, and other recyclable materials. All materials, equipment, and vehicles shall be stored inside of a building.

Transitional housing facility/homeless shelter, as defined in § 52-5, and subject to the following conditions:

Automotive or vehicle towing facilities. There shall be no more than 10 vehicles stored on the premises at any given time. All vehicles must be kept indoors or within a six-foot-tall solid screening fence. This fence shall conform to the setback regulations of the zoning district. Any vehicles which are left overnight, including service vehicles, shall be parked indoors or within a six-foot-tall solid screening fence. No vehicles, stored or in service, may be left outdoors in public view overnight. All parking must conform to the zone; no front yard parking is allowed. Vehicles may not be stored for more than 60 days.

All principal permitted uses in the M-1 District.

Industrial establishments as follows:

All permitted uses after special approval in the M-1 District subject to the terms and conditions imposed therein, except for automobile fuel stations, and automobile service or repair facilities.

Open storage yards of construction contractor's equipment and supplies, building materials, sand, gravel or lumber in accordance with the following:

Junkyards.

Mining, excavating or other removal of sand, earth, minerals or other material naturally found in the earth.

Tank farms for storage of materials such as gas, propane, fuel oil, or any other liquids, gases, or solids. Any tanks that hold combustible or flammable liquids or gases shall be in compliance with Chapter 24, Fire Prevention and Protection, of the City Code of Ordinances, § 24-33. Any structures must be set back per the requirements for a building. Fencing and/or screening shall be required for the security and aesthetics of the adjacent properties as determined by the Planning Director and/or Planning Commission.

The cultivation of agricultural products within a completely enclosed building, such as a greenhouse used to grow flowers or vegetable plants. Products must not be sold retail from the site. Only products that can be legally grown per the City, state, and federal law shall be allowed; any necessary licensing shall be required. The City Fire Marshal shall approve all buildings for occupancy before an occupancy permit can be issued by the Inspection Department.

Single-family detached dwellings, provided that the regulations applicable to such uses in the R District shall be met. Certified, registered residential rental units are allowed and must conform to all City codes and ordinances, specifically Chapter 10, Article V, Rental Certification, of the City Code of Ordinances.

Child and adult care centers, provided that the requirements applicable to such uses are met in regards to setbacks and parking requirements.

Churches, chapels and other places of worship; adjunct residential and administrative facilities and other uses operated by or in conjunction with religious institutions.

Public and private nonprofit schools and educational institutions, including residential units, classroom, administrative, recreational and student service facilities owned by or operated under the control of such school or institution.

Libraries, museums and similar uses operated by public or nonprofit agencies.

Hospitals, doctors' offices, public health clinics, extended care facilities, an office of a rehabilitation clinic with no on-site living quarters, psychiatric hospitals or recovery centers for the mentally disabled, sanitaria, nursing homes, memory care facilities, homes for the aged, and pharmacies. A licensed massage therapist may conduct business within the walls of a hospital, doctor's office, medical clinic, nursing home. Medical laboratories or medical testing facilities are allowed, including blood plasma donation centers.

Philanthropic, charitable and eleemosynary institutions.

Parks, recreational facilities, auditoriums and similar uses and structures owned or operated by a governmental agency.

Off-street parking areas serving uses permitted in this district, subject to the approval of the Planning Department.

Rights-of-way, easements and appurtenances for public utilities and public transportation.

Any existing structure may be used for any of the permitted uses in this section, subject to meeting the off-street parking requirements of § 52-772.

Independent or assisted living facilities. The apartment dwelling unit sizes and number of dwelling units per land size shall be in accordance with the high-rise apartment requirements as required in the A-2 Zoning District, per Division 16, Schedule of Regulations. If state licensed, the facility does not have to follow the City zoning ordinance regulations for apartment unit sizes.

The boundaries of the area involved and the ownership of properties contained therein, as well as all existing public streets and alleys within and adjacent to the site.

The location and use of all existing buildings on the site, as well as the approximate location, height, dimensions and general use of all proposed buildings or major additions to existing buildings. For a site in excess of 10 acres, only the location and use of existing buildings and the general location, extent and use of proposed buildings or major additions to existing buildings need be shown.

The location of all existing parking facilities and the approximate location of all proposed parking facilities, including the approximate number of parking spaces at each location and all existing and proposed means of vehicular access to parking areas and to public streets and alleys. Any proposed changes in the location, width or character of public streets and alleys within and adjacent to the site shall also be shown on the plan.

The general use of major existing and proposed open spaces within the site and specific features of the plan, such as screening, buffering or retention of natural areas, which are intended to enhance compatibility with adjacent properties.

The Planning Commission shall approve the master plan when it finds, after receiving a report from the Planning Director and after holding a public hearing thereon, that the development shown on the master plan is in compliance with the requirements of the I District and other applicable sections of this chapter and that such development:

The action of the Commission shall be based upon finding of fact which shall be reduced to writing and preserved among its records. The Commission shall submit to the Council a copy of its finding and a recommendation of the master plan amendment, together with its recommendation relative to the ordinance to include the property in the I District. The City Council shall then, if it agrees, proceed in rezoning the amended property to the I District.

Any sign permitted in the C-1 District as set forth in § 52-830 of this chapter, when located on properties that are not used for residential purposes.

For any property used for residential purposes, a sign may be allowed that is permitted in the residential zone per § 52-829, Signs allowed in residential districts.

Front yard. In the I District, there shall be a front yard setback for buildings and parking lots with a depth of not less than 25 feet. In the front yard, single- and two-family dwellings may be built in line with the average setbacks of adjacent dwellings.

Side and rear yards. Side and rear yards for uses other than single-family dwellings shall be provided as set forth in § 52-621, except that any such building additions shall be distant at least 50 feet from any lot not zoned institutional and not separated by a street. Street side yard setbacks for buildings and parking lots shall be 12 1/2 feet. Side yards for a single-family dwelling shall be 10% of the lot width with a ten-foot maximum required setback.

Landscaping. There shall be landscaping at the perimeter of the property and between any nonresidential use and a residential use. There shall be landscaping around all sides of a parking lot, including the street side, with the exception of the side of the parking lot facing the institutional building. The buffer of landscaping shall be on the private property, not in the City right-of-way. This landscaping shall consist of a mixture of shrubs and trees a minimum of three feet tall at the time of planting. There shall be a buffer strip with a minimum of a five-foot-high solid screening fence, solid continuous landscaping, or masonry wall between any residential area and the Institutional Zone property where a parking lot or building exists. A landscape plan shall be approved by the Planning Department before a building permit shall be issued.

In an existing residential structure, a certified, registered residential rental unit that is rented for less than 30 days, such as a vacation rental, home sharing, or any other transient residential occupancy as defined by this chapter, is allowed after special approval and a public hearing of the Planning Commission. The unit must be a certified residential rental unit in conformance with Chapter 10, Article V, Rental Certification, of the City Code of Ordinances. A site plan shall be submitted to the Planning Department to indicate parking on the property. The Planning Department has the right to impose contingencies, such as a screening fence, on the property. Hotels and motels are not allowed.

A residential structure owned by a nonprofit organization to rent out units for families whose family members are receiving short-term or long-term care or treatment in the hospital or local medical center. Such structure shall conform to all City codes and ordinance and shall be a certified, registered residential rental unit as dictated in Chapter 10, Article V, Rental Certification.

Safeguard the heritage of the City by preserving one or more historic districts in the City that reflect elements of the City's history, architecture, engineering, archaeology, or culture;

Stabilize and improve property values in such districts and the surrounding areas;

Foster civic beauty;

Strengthen the local economy; and

Promote the use of historic districts for the education, pleasure and welfare of the citizens of the City.

Military Road Historic District. The boundaries of the Military Road Historic District are as follows:

Beginning at the southeast corner of block 73, White Plat; thence westward to the centerline of the alley at the south line of block 55, White Plat; thence north to a point east of the north line of lot 23, block 55; thence west to the east line of block 42, White Plat; thence south to the southeast corner of that block; thence west to the southwest corner of that block; thence north to the northwest corner of that block; thence east to a point directly south of the centerline of the vacated alley of block 41, White Plat; thence north to a point due west of the north line of lot 13, block 41, White Plat; thence due east to the centerline of Military Street; thence north along the centerline of Military Street, continuing across the bridge on the centerline of Huron Avenue to a point directly east of the southernmost point of block 16, Butler Plat; thence west to the southernmost point of block 16, Butler Plat; thence northwesterly along the southwest side of block 16 to the west line of lot 2, block 16; thence north to the southeast corner of lot 9, block 16; thence west along the south line of lots, 9, 10, and 11; thence northwesterly along the south line of lots 12, 13, and 14 to a point directly south of a point on the north line of lot 14, that is 26 feet west of the east line of lot 14; thence due north to the point on the north line of lot 14, that is 26 feet west of the east line of lot 14, thence east along the north line of block 16, Butler Plat, to a point directly south of the west line of block 17, Butler Plat; thence north to the north line of McMorran Boulevard; thence west to the southwest corner of block 26, Butler Plat; thence north along the west line of block 26, Butler Plat, to the north line of such block; thence east to a point directly south of the west line of lot 1, block 18, Butler Plat; thence north to the southeast corner of lot 9, block 18, Butler Plat; thence west to the southwest corner of lot 9; thence north to the northwest corner of lot 7; thence east to the northeast corner of such lot 7, block 18; thence north to the southwest corner of lot 1, block 19, Butler Plat; thence west 9.58 feet; thence north 42 feet; thence west 8.82 feet; thence north eight feet; thence west 31.6 feet; thence north to the north line of lot 11, block 19, Butler Plat; thence east to the centerline of Huron Avenue; thence south to a point directly west of the north line of block 12, Butler Plat; thence east to the centerline of Michigan Street; thence south along such centerline to the northeast side of block 1, Butler Plat; thence southeasterly to the east corner of lot 6, block 1, Butler Plat; thence southwesterly to the south corner of lot 6, block 1, Butler Plat; thence southeasterly across the Black River to the east corner of lot 7, block 93, White Plat; thence northwesterly 101.5 feet; thence southwesterly to a point on the southwest side of block 93 that is 101.5 feet northwest of the south corner of lot 7, block 93, White Plat; thence south to the northeast side of block 58, White Plat; thence southeasterly to the northeast corner of block 58, White Plat; thence south to the northeast corner of block 60, White Plat; thence east to the northeast corner of block 73, White Plat; thence south to place of beginning.

Olde Town Historic District. The boundaries of the Olde Town Historic District are as follows:

Beginning at the northeast corner of block 39, White Plat; thence west to the northwest corner of lot 2, block 22; thence south to the southwest corner of lot 13, block 22; thence southerly to a point 14 feet due west of the northeast corner of lot 2, block 23, White Plat; thence due south to the south line of lot 2, block 23; thence due west to the southeast corner of lot 1, block 16, White Plat; thence due north 26 feet; thence due west to the west line of lot 1, block 16; thence due south to the southwest corner of lot 1, block 16; thence due west to the center of Tenth Street; thence due south to a point due west of the centerline of the alley of block 15, White Plat; thence due east to the northwest corner of lot 13, block 24, White Plat; thence due south to a point 76 feet north of the south line of lot 13; thence due east 44 feet; thence due south to the south line of block 24; thence southerly to a point ten feet west of the northeast corner of lot 2, block 25, White Plat; thence due south 95 feet; thence due west to the west line of lot 2, block 25; thence due south to the south line of block 25; thence due east to the southeast corner of lot 16, block 36, White Plat; thence due north to a point directly west of the southwest corner of lot 1, block 44, White Plat; thence due east to west line of lot 14, block 44, White Plat; thence due south to a point 46.2 feet south of the northwest corner of lot 13, block 44; thence due east 41 feet; thence due north to a point 4.8 feet south of the north line of lot 13, block 44; thence due east to the east line of lot 13; thence easterly to the southwest corner of lot 1, block 53, White Plat; thence due east 60 feet; thence due south to the south line of lot 2, block 53; thence due east to the centerline of the alley of block 53; thence due north to the north line of block 53; thence northerly to the centerline of the alley at the south line of block 54, White Plat; thence due north to a point east of the north line of lot 23, block 55, White Plat; thence west to the east line of block 42, White Plat; thence south to the southeast corner of block 42; thence west to the southwest corner of block 42; thence north to the northwest corner of block 42; thence west to the northeast corner of block 38; thence north to the place of beginning.

Created. In order to execute the purposes declared in this division, there is hereby created a commission to be called the "Historic District Commission."

Membership; compensation; removal. The Historic District Commission shall consist of nine members whose residence is located in the City. They shall be appointed by the City Council for terms of office of three years on a staggered-term basis. At least two members of the Commission shall be appointed from a list of citizens submitted by a duly organized and existing preservation society. The Commission shall include, if available, a graduate of an accredited school of architecture who has two years of architectural experience or who is an architect registered in this state. A majority of the members of the Commission shall have a clearly demonstrated interest in and knowledge of historic preservation. A vacancy occurring in the membership of the Commission for any cause shall be filled within 60 calendar days by a person appointed by the City Council for the unexpired term. The members of the Commission shall serve without compensation. Any member of the Commission may be removed by vote of the City Council for inefficiency, neglect of duty, conflict of interest, or malfeasance in office, after due consideration by the City Council.

Duties and powers. Duties and powers of the Commission shall be as follows:

Rules. Rules of the Commission are as follows:

Filing of application. A permit shall be obtained before any work affecting the exterior appearance of a resource is performed within an historic district or any work affecting the interior arrangements, if this work causes visible change to the exterior of the resource. Any person, individual, partnership, firm, corporation, organization, institution, or agency of government proposing to do work shall file an application for a permit with the City Inspection Division. The application shall be referred together with all required supporting materials that make the application complete to the Historic District Commission for consideration at the next regularly scheduled meeting. A permit shall not be issued and proposed work shall not proceed until the Commission has acted on the application by issuing a certificate of appropriateness or a notice to proceed as prescribed in this division.

Contents of application. A complete application shall include the following:

Incomplete applications. If the Historic District Commission application is incomplete, the Commission shall so inform the applicant and shall state what additional information and/or documents the Commission requires to complete the application.

Action upon application. The Historic District Commission shall review the application according to the duties and powers specified in this division. In reviewing the application, the Commission must make every effort to confer with the applicant. No fee shall be charged to process an application through the Commission beyond the existing Inspection Division fees. The failure of the Commission to act within 60 calendar days after the date a complete application is filed with the Commission, unless an extension is agreed upon in writing by the applicant and the Commission, shall be considered to constitute approval, and the Inspection Division shall proceed to process the application as if the Commission had issued a certificate of appropriateness or a notice to proceed.

Approval of application. If the Commission finds such proposed work appropriate, it shall issue a certificate of appropriateness determination which is to be signed by the Planning Director, attached to the application for a building permit, application, and all submitted documentation, and immediately transmitted to the Inspection Division. After the certificate of appropriateness determination has been issued and the building permit granted to the applicant, the City Inspection Division shall inspect the work permitted and shall take such action as is necessary to enforce compliance with the approved plans. Approval of the permit shall be in addition to any other building, plumbing, electrical or mechanical permit required by ordinance or state law.

Denial of application. If the Commission finds proposed work inappropriate, it shall issue a denial determination and shall state its reasons for doing so and shall transmit a record of such action and reasons therefor in writing to the Inspection Division and to the applicant. The Commission may suggest appropriate alternatives to the applicant if it issues a denial. The applicant may make modifications to the permit application and shall have the right to resubmit the application at any time after so doing. A denial of an application shall be binding on the Planning Department, Building Inspector or any such other relevant authority, and a permit shall not be issued. A denial of an application shall also include a notice to the applicant of the rights of appeal.

Repair or ordinary maintenance and prior permit work. Nothing in this division shall be construed to prevent repair or ordinary maintenance, as defined in § 52-777, of a resource within the historic district or to prevent work on any resource under a permit issued by the City Inspection Division before the enactment of the ordinance from which this division is derived.

Notice to proceed. Work within an historic district which may otherwise be inappropriate may be permitted through the issuance of a notice to proceed determination by the Commission if any of the following conditions prevail and if the proposed work is found by the Commission to be necessary to substantially improve or correct any of the following:

Any applicant aggrieved by a decision of the Commission may file an appeal with the State Historic Preservation Review Board of the State Historic Preservation Office. The appeal shall be filed within 60 days after the decision is furnished to the applicant.

An applicant aggrieved by the decision of the State Historic Preservation Review Board may appeal the decision to the county circuit court having jurisdiction over the Historic District Commission's decision that was appealed to the State Historic Preservation Review Board. Such applicant may only appeal to the county circuit court after appealing to the State Historic Preservation Review Board.

In addition, any citizen or duly organized historic preservation organization in the City, other than the resource property owner, jointly or severally aggrieved by a decision of the Commission may appeal the decision to the county circuit court.

Require the owner of the resource to repair all conditions contributing to demolition by neglect; or

If the owner does not make the repairs within a reasonable time, the Commission or its agents may enter the property and make such repairs as are necessary to prevent demolition by neglect. The cost of the work shall be charged to the owner and may be levied as a special assessment against the property. The Commission or its agents may enter the property for purposes of this section upon obtaining an order from the county circuit court.

When work has been done upon a historic resource without a permit and the Historic District Commission finds that the work does not qualify for a certificate of appropriateness, the Commission may require an owner to restore the resource to the condition the resource was in before the inappropriate work or to modify the work so that it qualifies for a certificate of appropriateness.

If the owner does not comply with the restoration or modification requirement within a reasonable time, the Commission may seek an order from the county circuit court to require the owner to restore the resource to its former condition or to modify the work so that it qualifies for a certificate of appropriateness.

If the owner does not comply or cannot comply with the order of the court, the Commission or its agents may enter the property and conduct work necessary to restore the resource to its former condition or modify the work so that it qualifies for a certificate of appropriateness in accordance with the court's order. The cost of the work shall be charged to the owner and may be levied by the City as a special assessment against the property. When acting pursuant to such order of the county circuit court, the Commission or its agents may enter a property for purposes of this section.

The City may accept gifts, grants or bequests from the state or federal government for historic restoration purposes or historic purposes. It may accept public or private gifts, grants or bequests for such purposes; provided, however, that such gifts, grants or bequests are not prohibited by the Charter and are not used for the purpose of paying any fees or expenses arising out of any litigation. Further, the City Council may appoint the Historic District Commission to administer on behalf of the City such gifts, grants or bequests for the purpose provided.

The City Treasurer shall be custodian of funds of the Historic District Commission, and authorized expenditures shall be certified by the City Treasurer or Director of Finance, designated by such Historic District Commission. The Historic District Commission shall annually report to the City Council any money it shall receive or expend.

A person, individual, partnership, firm, corporation, organization, institution, or agency of government that violates this division is responsible for a blight violation as provided for in § 2-901 of the City of Port Huron Code of Ordinances.

A person, individual, partnership, firm, corporation, organization, institution, or agency of government that violates this division and state law may be ordered by the court to pay the costs to restore or replicate a resource unlawfully constructed, added to, altered, repaired, moved, excavated, or demolished.

The intent of this division is to establish standards for driveway spacing and the number of driveways for application during the site plan review process for new construction and/or redevelopment and to encourage access management.

The procedures and standards of this division are intended to:

Driveways shall be located so as to minimize interference with the free movement of traffic, to provide adequate sight distance, and to provide the most favorable driveway grade.

Driveways, including the radii but not including turn lanes and tapers, shall be located entirely within the right-of-way frontage, unless otherwise approved by the City and the MDOT and upon written certification from the adjacent property owner agreeing to such encroachment.

Minimum spacing requirements between a proposed commercial driveway and an intersection either adjacent or on the opposite side of the street may be set on a case-by-case basis but in no instance shall be less than the distances listed in this section. The following measurements are from the near edge of the proposed driveway, measured at the throat perpendicular to the street, to the near lane edge of the intersecting street or pavement edge for uncurbed sections:

Minimum spacing between two commercial driveways shall be determined based upon posted speed limits along the parcel frontage. The minimum spacings indicated in Subsection (c) of this section are measured from center line to center line.

To reduce left-turn conflicts, new commercial driveways shall be aligned with those across the roadway where possible.

The number of commercial driveways serving a property shall be the minimum number necessary to provide reasonable access and access for emergency vehicles, while preserving traffic operations and safety along the public roadway.

Access, either direct or indirect, shall be provided for each separately owned parcel. This access may be an individual driveway, shared driveway or via a service drive. Additional driveways may be permitted for property only as follows: one additional driveway may be allowed for properties with a continuous frontage of over 200 feet and one additional driveway for each additional 300 feet of frontage, if the City determines there are no other reasonable access opportunities.

Where noted in § 52-606, or where the City determines that reducing the number of access points may have a beneficial impact on traffic operations and safety while preserving the property owner's right to reasonable access, a shared commercial driveway, frontage road, or rear service drive connecting two or more properties or uses may be required. In particular, service drives may be required where recommended in the master plan or any subarea master plans; near existing traffic signals or near locations having potential for future signalization; along major arterial roadways with high traffic volumes; along segments with a relatively high number of accidents or limited sight distance.

Shared commercial driveways and service roads shall be within an access easement recorded with the county registrar of deeds.

The number of access points along a service road shall be according to the standards of this division. The City may allow temporary access where the service road is not completed if a performance bond or other financial guarantee is provided which ensures elimination of the temporary access upon completion of the service road.

Location. Service roads shall be parallel or perpendicular to the front property line and may be located either in front of, adjacent to, or behind principal buildings. In considering the most appropriate alignment for a service road, the City shall consider the setbacks of existing buildings, anticipated traffic flow for the site, and other related ordinances.

Access easement. The service road shall be within an access easement permitting traffic circulation between properties. This easement shall be 66 feet wide, except an access easement parallel to a public street right-of-way may be 40 feet wide, if approved by the City. The required width shall remain free and clear of obstructions.

Construction and materials. Service roads shall have a base, pavement and curb and gutter in accordance with City standards for public streets, except the width of the service roads shall have a minimum pavement width of 26 feet.

Parking. The service road is intended to be used exclusively for circulation and may not be used as a parking space or maneuvering aisle.

Access to service road. The City shall approve the location of all accesses to the service road, based on the driveway spacing standards of this division.

Elevation. The site plan shall indicate the proposed elevation of the service road at the property line and the Department of Public Works shall maintain a record of all service road elevations so that their grades can be coordinated.

Landscaping. The area between a service road and the public street right-of-way shall be a landscaped greenbelt.

Maintenance. Each property owner shall be responsible for maintenance of the easement and service drive.

Food service establishments, including grocery, meat market, supermarket, bakeries, delicatessen, ice cream stores, and other food service establishments similar to and compatible with the above.

Personal service establishments, including barber shop, beauty parlor, tailor shop, shoe repair, dress maker, photography studio and other personal service establishments similar to and compatible with the above.

Other service establishments that include a showroom or workshop with a retail adjunct, such as that occupied by an electrician, decorator, painter, upholsterer, a business performing radio, television or home appliance repair and other service establishments similar to and compatible with the above.

Theaters, restaurants, bars, nightclubs and other similar entertainment facilities, where the patrons are seated or served while seated in a building.

Amusement enterprises such as ticket sales, bike rentals.

Boutiques or establishments operated expressly for the sale of art, antiques, collectibles and similar merchandise.

General retail establishments whose principal activity is the sale of new merchandise to the public. These include such establishments as household appliance stores, furniture stores, department or variety stores, drugstores, hardware stores, clothing stores; special stores, selling flowers, books, stationary, jewelry, novelties and gifts, tobacco, and sundry small household articles; convenience stores selling fruit, meat, dairy products, produce, and alcoholic beverages.

Hotels.

Multifamily dwellings (apartments) above the first story of any structure where the ground floor is devoted to a permitted use, provided that:

Government offices, post offices, and libraries.

Offices of nonprofit organizations, such as professional membership organizations, labor union, civic, social and fraternal associations, and political organizations.

Banks, savings and loan associations, and other financial or lending institutions.

General office or professional uses including the offices and facilities of publishing operations for newspapers, magazines or other periodicals (excluding heavy printing facilities and machinery), and business services such as mailing, copying and data processing.

Professional service establishments, including but not limited to offices or facilities for members of the dental, medical, legal, architectural, accounting, social services, counseling or other professions and other professional service establishments similar to and compatible with the above.

Uses of the same nature or class as the majority of uses listed in this district as either a principal permitted use or a permitted use after special approval, but not listed elsewhere in this chapter, following a Planning Commission public hearing and recommendation. Any use not listed and not found to be "similar" is prohibited in this zoning district.

The building space was designed specifically for the type of use proposed and, as such, occupancy by a principally permitted use under § 52-629 is an unreasonable expectation due to identifiable structural design characteristics, or

Denial of the request for occupancy by special use permit has resulted in a long-term (defined as longer than 18 months) vacancy of the property outside of current market conditions (based upon average retail lease rate per square foot).