Port Huron City Zoning Code
ARTICLE IV
General and Supplementary Regulations
§ 52-661 Application.
[Code 1992, § 32-91]
Except as specifically provided, the general regulations of this article shall apply throughout this chapter.
§ 52-662 Conflicting regulations.
[Code 1975, § 39-7; Code 1992, § 32-92]
Whenever any section of this chapter imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, the sections of this chapter shall govern.
§ 52-663 Scope.
[Code 1975, § 39-8; Code 1992, § 32-93]
No building or structure or part thereof shall be erected, constructed, reconstructed, or altered and maintained and no new use or change shall be made or maintained of any building, structure or land or part thereof, except in conformity with this chapter.
§ 52-664 Streets, alleys, and railroad rights-of-way.
[Code 1975, § 39-9; Code 1992, § 32-94]
All streets, alleys, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such streets, alleys, or railroad rights-of-way. Where the center line of a street or alley serves as a district boundary, the zoning of such street or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line.
§ 52-665 Permitted uses.
[Code 1975, § 39-10; Code 1992, § 32-95; 9-28-2015 by Ord. No. 15-008]
No building shall be erected, converted, enlarged, reconstructed or structurally altered nor shall any building or land be used, designed or arranged for any purpose other than is permitted in the zoning district in which the building or land is located.
§ 52-666 Permitted area.
[Code 1975, § 39-11; Code 1992, § 32-96]
No building shall be erected, converted, enlarged, reconstructed or structurally altered nor shall any open spaces surrounding any building be encroached upon or reduced in any manner, except in conformity with the area regulations of the zoning district in which the building is located.
§ 52-667 Permitted height.
[Code 1975, § 39-12; Code 1992, § 32-97; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253; 10-22-2007 by Ord. No. 1280]
No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit established for the zoning district in which the building is located, except that roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building and fire or parapet walls, skylights, towers, steeples, stage lofts and screens, chimneys, smokestacks, individual domestic radio and television aerials and wireless masts, water tanks, flagpoles or similar structures may be erected above the height limits prescribed. In districts other than the R, R-1, and A-1 Districts, said structures may not exceed by more than 20 feet the height limits of the zoning district in which it is located. In the R, R-1, and A-1 Districts, the height of said structures shall be limited to the height of the zoning district in which it is located whether attached to the roof or ground. Domestic radio and television antennas cannot extend higher than 12 feet above the height limit of the zoning district that it is located in. Chimneys may exceed the height limits of the R, R-1, or A-1 District by a measurement deemed necessary by City code for proper ventilation. In any district, said structure may not have a total area greater than 25% of the roof area of the building, nor shall such structure be used for any residential purpose or any commercial purpose other than a use incidental to the main use of the building.
§ 52-668 Mechanical equipment location and screening.
[Code 1975, § 39-13; Code 1992, § 32-98; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253]
All mechanical equipment shall be located in accordance with zoning requirements and appropriate mechanical codes. In residential districts, air conditioners and similar mechanical equipment must be located in the backyard or in a side yard, set back three feet from the side yard property line. On corner lots, in the street side yard, the system must be located within three feet from the side of the home. In no case shall the equipment be located within the public right-of-way in any district. All mechanical equipment must be adequately screened from public view in all districts except the M-1 and M-2 Districts, unless the M-1 or M-2 District is adjacent to a residential district. All rooftop mechanical equipment shall be adequately screened from public view, including view from higher structures.
§ 52-669 Lot area, yards and open space requirements.
[Code 1975, § 39-14; Code 1992, § 32-99; 8-13-2001 by Ord. No. 1188; 10-22-2007 by Ord. No. 1280]
Space which has been counted or calculated as part of a side yard, rear yard, front yard, court, lot area or other open space to meet the requirements of this chapter for a building shall not be counted or calculated to satisfy or comply with a yard, court, lot area or other open space requirement for any other building. An open or uncovered porch, patio, deck, or terrace may not project more than five feet from the front of the main structure, with a minimum of five feet from the front property line. An open or uncovered porch, deck, or patio may project into a side yard a maximum distance of 60% of the width of that side yard; in no instance may it be closer than two feet from the side lot line or five feet from a street side lot line. An uncovered deck, patio, or terrace must be a minimum of 10 feet from the rear property line (waterfront properties excluded). A covered or enclosed porch, deck, patio, or terrace, is considered a part of the main structure and shall meet all yard setback requirements.
§ 52-670 Projections into yards.
[Code 1975, § 39-15; Code 1992, § 32-100; 10-22-2007 by Ord. No. 1280]
Architectural features may extend or project into a required side yard not more than three inches for each one foot of width of such side yard and may extend or project into a required front yard or rear yard not more than three feet.
§ 52-671 Use of yard spaces and other open areas for junk storage.
[Code 1975, § 39-16; Code 1992, § 32-101; 10-24-2016 by Ord. No. 16-005]
No machinery, equipment, lumber piles, crates, boxes, building blocks or other materials either discharged, unsightly or showing evidence of a need for repairs, shall be placed, stored, parked, abandoned or junked in any open area that is visible from the street, public place or adjoining residential property for longer than 48 hours. No vehicles shall be parked outside of a building on any property in excess of 15 days without a current registration and license and shall be in the name of the owner of the property. Any vehicle that is inoperable or showing evidence of a need for repairs, whether licensed or not, shall not be parked outside for a period of more than 48 hours. All vehicles parked outside shall be in conformance with the parking regulations in Article VI, Off-Street Parking and Loading Requirements. If such items are permitted to be placed, stored, parked, abandoned or junked in such area, the Chief Inspector shall give written notice to the owner of the premises on which such items are stored and/or to the owner of the stored items to remove or cause to be removed such items within 48 hours after the giving of such notice. Failure to comply with such notice within 48 hours shall constitute a violation of this chapter. Notwithstanding the foregoing, the Chief Inspector may, upon investigation, issue a letter to the owner authorizing a grace period not to exceed 30 days. This section does not apply to storage of building materials for on-site construction purposes.
§ 52-672 Street access.
[Code 1975, § 39-17; Code 1992, § 32-102; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253]
Any lot or parcel of land must have at least one property line abutting a public, active, street right-of-way. (A right-of-way that was platted but is not used for street traffic is not considered an active right-of-way for purposes of this section.) The width of said lot abutting said right-of-way must be the minimum as required in Division 16, Schedule of Regulations, for the district in which the property is located. No lot split shall be approved which would create a landlocked parcel. No building permit shall be issued for any construction located on any lot or parcel of land in the City that does not abut on a public street or highway, provided that this chapter shall not be the basis for preventing the issuance of a building permit for ordinary repair or maintenance of any building that is already erected on the date of the adoption of the ordinance from which this chapter is derived upon a lot or parcel of land that does not so abut such a street or highway. New construction within A-1, A-2, CBD, C-1, M-1 and M-2 Zoning Districts requires site plans for the installation of a minimum five-foot-wide concrete sidewalk.
§ 52-673 Visibility.
[Code 1975, § 39-18; Code 1992, § 32-103; 10-22-2007 by Ord. No. 1280]
(a)
No structure, wall, fence, shrubbery or tree shall be erected, maintained or planted on any lot which will obstruct the view of the driver of a vehicle approaching an intersection, excepting that shrubbery and lot retaining walls not exceeding 2 1/2 feet in height above the curb level will be permitted. For residential corner lots, this unobstructed area will be a triangular section of land formed by the two street curblines and a line connecting them at points 25 feet from the intersection of such curblines.
(b)
On each side of a driveway, where it intersects with the property line, there shall be a clear-vision unobstructed area in the yard. That unobstructed area will be a triangular section of land formed by the driveway and the property line and a line connecting them at points six feet from the intersection of the driveway and the property line. On each side of a driveway, between the property line and the curb, there shall be a clear-vision unobstructed area in the right-of-way six feet out from and parallel to the driveway. Nothing over 2 1/2 feet in height may be erected within these clear vision areas.
§ 52-674 Dwellings in nonresidential districts.
[Code 1975, § 39-19; Code 1992, § 32-104; 8-13-2001 by Ord. No. 1188]
No dwelling unit shall be erected in the B, C-1, MD, M-1 and M-2 Zoning Districts. However, the sleeping or living quarters of a watchman or a caretaker may be permitted in these districts in conformance with the specific requirements of each particular district.
§ 52-675 One single-family structure per lot.
[Code 1975, § 39-20; Code 1992, § 32-105; 8-13-2001 by Ord. No. 1188]
No single-family residential structure shall be erected upon a lot with another single-family residential structure in any zoning district. However, single-family detached condominiums are allowed on the same lot in an A-1 or A-2 District.
§ 52-676 Accessory buildings.
[Code 1975, § 39-21; Code 1992, § 32-106; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253; 4-24-2006 by Ord. No. 1265; 10-22-2007 by Ord. No. 1280; 5-24-2010 by Ord. No. 1311; 9-28-2015 by Ord. No. 15-008; 10-24-2016 by Ord. No. 16-005]
Accessory buildings, except as otherwise permitted in this chapter, shall be subject to the following:
(1)
When the accessory building is structurally altered and attached to a main building, it shall be subject to and must conform to all sections of this chapter applicable to main or principal buildings. A carport attached to the main structure must conform to the setbacks applicable to the main structure and be similar in style and construction as the main structure.
(2)
Accessory buildings shall only be erected in a side yard or rear yard and shall not be closer than three feet to any side lot line or rear lot line. This may be waived for double-frontage lots as provided in Subsection (6) of this section.
(3)
An accessory building shall not exceed one story or 15 feet in height (see definition of "height, building"), and in no instance shall the accessory building exceed the ground floor area of the main building. If an attic is provided, it shall be used for storage purposes only and shall not be inhabited. This attic shall be less than a half story (see definition for story, half).
(4)
No detached accessory building shall be located closer than 10 feet to any dwelling on the same lot on which the accessory building is to be constructed.
(5)
When any accessory building is located on a corner lot, the side yard of which is substantially a continuation of the front lot line of the lot to its rear, such building shall not project beyond the front of the residence located on the lot to the rear of such corner lot.
(6)
For double-frontage lots, accessory buildings shall observe front yard requirements on both street frontages or be built in-line with existing adjacent structures. An accessory building can be located between the main structure and the street, provided it meets front yard setback requirements.
(7)
When an accessory building is a boathouse, covered boat well, or substantially over the water, it shall only be allowed along the Black River or St. Clair River, and it shall conform to the following:
a.
No more than 30% of the building area may have flooring, be it earth, concrete, wood or any flooring material other than water.
b.
The building shall not exceed the floor area of the main building.
c.
All boathouses which exceed 14 feet in height or with wells to accommodate more than two boats shall be subject to the prior approval of the Zoning Board of Appeals. A commercial use of a boathouse is not permitted unless it is located within a commercial district pursuant to this chapter.
d.
A second floor shall not be permitted in a boathouse nor shall a boathouse have sanitary facilities unless self-contained or connected to a sanitary sewer system.
e.
A building permit for a boathouse shall not be issued unless and until the applicant has:
1.
Complied with all the sections of this chapter, the City Building Code, and the requirements of the U.S. Army Corps of Engineers and the Michigan Department of Environmental Quality.
2.
Secured the written approval from the U.S. Army Corps of Engineers and the Michigan Department of Environmental Quality when such permits are required within the jurisdiction of these two agencies.
3.
The facility shall be in compliance with the rules and regulations of and approved by the County Health Department.
f.
When an accessory structure is to serve both over the water boat storage and automobile storage (garage), the two areas shall be clearly defined. Each area shall be constructed as a separate building and shall meet the requirements for such building.
(8)
A garage, boathouse, storage, or any other accessory building shall not be erected upon a lot in any residential district without a residential structure existing on the same lot. If an accessory building is to be constructed on a vacant lot adjacent to a residence, the lots shall be combined and all requirements for an accessory building shall be met before a building permit shall be issued. A fence may be constructed per zoning requirements on a vacant lot without a main structure.
(9)
In all residential districts, an accessory building shall be owned by the property owner who owns the property and the dwelling upon which the accessory building is located. The accessory building can only be leased to a tenant of said residence for storage purposes. The accessory building shall not be divided up into condominium units and sold or leased to other individuals. No commercial activities shall occur within said accessory building such as warehousing for a fee.
(10)
Temporary storage trailers or pods shall not be allowed or considered accessory buildings in any R, R-1, A-1, or A-2 Zoning District. In order to accommodate a resident in the process of moving, a temporary moving trailer or pod may be kept in a driveway on a property for a period less than two weeks, with written permission from the Building Inspector. In the B, C-1, CBD, CCD, MD, or I Zone, 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 a special approval use permit from Planning Commission. In the M-1 or M-2 Zones, 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. Storage pods or trailers shall be subject to the size and setback regulations for an accessory structure. An approved rental storage facility in the C-1, M-1, or M-2 Zone may use storage pods or trailers as an accessory use to the storage facility.
(11)
A canopy, tent, tarp, polyethylene sheeting, or similar type structure are not allowed, and shall not be considered or allowed as an accessory building. A greenhouse with Plexiglas or regular glass walls may be considered an accessory building, provided only flowers or vegetable plants are grown inside. The exterior of any accessory building shall be kept in good condition and maintained in accordance with Chapter 22, Article II, Blight.
(12)
A detached residential garage can have a bathroom with a toilet and sink on the first floor. Water and sewer shall be on the same lead as the main dwelling. Said bathroom shall meet all City Code requirements. No part of said garage may be used as a separate dwelling unit. A site plan showing the garage on the property and floor plans of the building shall be submitted to obtain a building permit before construction or renovation of any garage.
(13)
A pool house, adjacent to an in-ground swimming pool, is allowed on a residential lot as an accessory building to a residence. Said pool house may include a toilet, sink, and shower. No cooking facilities may be installed. Water and sewer shall be on the same lead as the main dwelling. Said pool house shall be limited to two rooms, separated by a door, including the bathroom. No part of said pool house may be used as a separate dwelling unit. Said pool house shall meet all requirements of an accessory building in regard to setbacks, location on property, etc. Said pool house shall not exceed 300 square feet in area or include a second story. Any pool house shall be of the same style and exterior treatments of the main dwelling and shall be maintained according to all City codes. A site plan showing the pool house on the property and floor plans of the building shall be submitted to obtain a building permit before construction or renovation of any pool house.
(14)
In residential districts, accessory structures used for storing anything other than an automobile, such as a carport, shall be enclosed on all sides with walls and the interior contents must not be visible to the public; if there is a door or window, they must be kept closed except for accessing the interior. Prefabricated aluminum carports are allowed and shall store only a car if open on all sides. The prefab carport shall be securely attached to the ground per the Building Inspector's requirements. A carport can be placed between the house and the property line, provided the carport meets the front yard setbacks.
(15)
A playhouse, playscape, or treehouse shall be considered an accessory building. A playscape is a grouping of playground equipment connected together to create one play structure. Due to its size and character, it shall be treated as an accessory building.
(16)
Accessory use of tanks holding any liquids, gases, solids, or other similar materials shall be allowed in the B, C-1, CBD, CCD, MD, and I Zones after a special approval use permit from Planning Commission. Retail sales of prefilled propane tanks shall be allowed as an accessory use to a business in the C-1 and CBD Zones with the approval of the Planning Director and Fire Marshal. Tanks used for storage as an accessory use in the M-1 or M-2 Zones shall be approved by the Planning Director and Fire Marshal. Other than a gas grill propane tank, storage tanks are not allowed in the R, R-1, A-1, or A-2 Zones except on a case-by-case basis as determined 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.
(17)
All accessory structures are subject to a building permit before construction.
§ 52-677 Parking and storage of recreational vehicles and trailers.
[Code 1975, § 39-22; Code 1992, § 32-107; 8-13-2001 by Ord. No. 1188; 9-28-2015 by Ord. No. 15-008; 10-24-2016 by Ord. No. 16-005; 10-23-2017 by Ord. No. 17-016; 8-13-2018 by Ord. No. 18-014]
"Recreational vehicles" (RVs) shall be defined as campers, travel trailers, trailers (noncommercial trailers in residential zones), motor homes, boats, or similar recreational vehicles. Boats must be on a trailer, except for nonmotorized personal watercraft. An "off-highway recreational vehicle" (OHRV) shall be defined as jet skis, four-wheelers, or snowmobiles, or similar off-highway recreational vehicles, and may be on a trailer or not. An RV or OHRV may be parked or stored outdoors in any zoning district on occupied lots with a main structure subject to the following:
(1)
No more than one RV or two OHRVs may be parked on a lot of record which is zoned and used for residential purposes, and ownership of the above said item must be registered or licensed in the name of a member of the immediate family of the lot's owner, tenant or lessee. This shall also apply to nonresidential zones or uses, unless the use has been approved for storage or maintenance of RVs or OHRVs.
(2)
RVs or OHRVs may be parked in any approved parking area on the premises for loading or unloading purposes for a period not to exceed 48 hours.
(3)
RVs or OHRVs, where parked or stored on residentially zoned or used property, shall be located on the property, subject to the following:
a.
From November 1 to April 30, only in the rear yard, or interior side yard, three feet from the rear and side property lines, and not beyond the front of the dwelling. If parked on a corner lot in a side yard that faces a street, the setback must be 12.5 feet from the street side yard property line. If there is a neighboring dwelling to the rear that faces the street on that side yard, then the RV or OHRV must be set back in line with the front of the neighboring dwelling. The RV or OHRV shall not project beyond the front of the residence located on the lot to the rear of such corner lot. For lots on the water with double frontage, an RV or OHRV may be parked between the street and the dwelling, provided it is not parked within the twenty-five-foot front yard setback on the street side.
b.
From May 1 to October 31, same location as described above in Subsection (3)a, and may also be located in the front yard on a paved driveway leading to a garage or on a paved slab to the side of said driveway. This location may not be located in front of the windows or front door of the dwelling that faces a street. A permit from the Inspection Division is required for any new paved driveway or parking slab.
c.
An RV or OHRV shall never be allowed to park in the street right-of-way between the property line and the street curb in any zoning district.
(4)
The maximum permitted lot coverage of all buildings, including any RV or OHRV, shall not be exceeded.
(5)
All RVs or OHRVs shall be locked or secured at all times when not in use so as to prevent access thereto by children.
(6)
Fitted covers can be placed over RVs or OHRVs, provided the cover does not become loose or tattered. Tarps or unfitted covers shall not be placed over an RV or OHRV. When stored in the driveway from May 1 to October 31, no cover of any kind may be placed over a motor home or travel trailer.
(7)
RVs parked or stored on property shall not be used for living, lodging or housekeeping purposes.
(8)
RVs or OHRVs must be kept in good condition and have a current year's license and/or registration.
(9)
The parking or storage of a manufactured home unit outside of a manufactured home park, under this chapter, is expressly prohibited.
(10)
Parking requirements for private recreational tow vehicles shall be the same as parking requirements for residential automobile parking.
(11)
Watercraft, such as boats, jet skis, their trailers, and boat hoists, may be allowed to be parked on the beach all year, provided they are parked in the sand or over the water. The number of boats on the beach is not restricted.
§ 52-678 Automobile fuel stations and automobile service and repair facilities.
[Code 1975, § 39-23; Code 1992, § 32-108; 10-10-2005 by Ord. No. 1253; 10-22-2007 by Ord. No. 1280; 9-28-2015 by Ord. No. 15-008; 10-24-2016 by Ord. No. 16-005]
In order to regulate and control the problems of noise, odor, light, fumes, vibration, dust, danger of fire and explosion, and traffic congestion which result from the unrestricted and unregulated construction and operation of automobile service stations and repair facilities; to regulate and control the adverse effects which these and other problems incidental to the automobile service station may exercise upon adjacent and surrounding areas; and to control the problem of abandoned fuel stations which are a nuisance as well as a blighting influence on surrounding properties, the following additional regulations and requirements are provided for automobile service stations and automobile repair facilities located in any zoning district. All automobile fuel, automobile service stations and repair facilities erected after the effective date of the ordinance from which this chapter is derived shall comply with all requirements of this section. No automobile fuel, or service station, or repair facility existing on the effective date of the ordinance from which this chapter is derived shall be structurally altered so as to provide a lesser degree of conformity with this section than existed on the effective date of the ordinance from which this chapter is derived:
(1)
An automobile fuel station or service or repair facility shall be located on a lot having a frontage along the principal street of not less than 150 feet and having a minimum area of not less than 15,000 square feet.
(2)
An automobile fuel station or service or repair facility building housing an office and/or facilities for servicing, greasing and/or washing motor vehicles shall be located not less than 40 feet from any street lot line.
(3)
All service and repair equipment including all lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All service and repair, except the fueling of vehicles, shall be performed within a completely enclosed building.
(4)
An automobile fuel station located on a lot having an area of 15,000 square feet shall include not more than eight fuel pumps and two enclosed stalls for servicing, lubricating, greasing and/or washing motor vehicles. An additional two fuel pumps and/or one enclosed stall may be included with the provision of each additional 2,000 square feet of lot area.
(5)
Where an automobile fuel station, or service or auto repair facility adjoins property located in any residential district, a masonry wall five feet in height shall be erected and maintained along the service station property line. All masonry walls shall be protected by a fixed curb or barrier to prevent vehicles from contacting the wall.
(6)
All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from adjacent and neighboring property.
(7)
When a structure designed and used for automobile fuel station purposes ceases to operate on a continuing basis for a period of 180 consecutive days, the owner of the premises shall be served written notice by the Chief Inspector of the requirement, within 60 days of the date of such notice, to either:
a.
Resume operation of the premises on a continuing basis as a lawful automobile service station or filling station;
b.
Lawfully convert such structure to another permitted use in that district; or
c.
Demolish such structure and completely remove the debris from the premises.
All new automobile service stations or filling stations constructed after the effective date of the ordinance from which this chapter is derived shall be required to post a bond with the City in an amount equal to the estimated cost of demolition and clearance of improvements on the premises. Failure to comply with one of the three alternatives in this subsection shall empower the City to utilize such bond for the demolition and clearance of the premises in question. |
(8)
Abandoned automobile fuel stations may be converted to a principal permitted use in the district in which such station is located, provided the following conditions are met:
a.
The use shall not be out of harmony with the surrounding neighborhood by reason of its character or quality of development.
b.
All fuel pumps and signs shall be removed, and underground fuel storage tanks shall be abandoned in conformance with prescribed City and state fire safety provisions.
c.
All buildings shall meet all applicable requirements of the City Building Code for safety and structural condition.
d.
There shall be adequate off-street parking provided in accordance with Article VI of this chapter.
e.
No outside storage areas shall be permitted.
f.
The use shall meet all area, height, bulk and placement requirements of the district in which such use is located in accordance with § 52-621.
g.
The use shall comply with all other requirements of the applicable district unless otherwise provided in this chapter.
(9)
Any customers, employees, or service vehicles, parked on site, other than autos listed for sale, must be currently licensed. "Parts cars," including entire vehicles or chassis, used for parts, must be stored indoors or behind a solid six-foot-high screening fence; there may be no more than five such parts vehicles or chassis on the premises at any given time. An auto repair business located in a zoning district that does not allow front yard parking may not park overnight vehicles in the front of the building unless there is an existing front yard parking lot.
§ 52-679 Drive-in establishments.
[Code 1975, § 39-24; Code 1992, § 32-109; 8-13-2001 by Ord. No. 1188; 8-12-2024 by Ord. No. 24-005]
(a)
When a drive-in establishment adjoins property located in any residential district, an ornamental masonry wall, five feet in height, shall be erected and maintained along the adjoining property line or, if separated from the residential district by an alley, along the alley lot line. In addition, all outside trash areas shall be enclosed by such five-foot masonry wall. Such wall shall be protected from possible damage inflicted by vehicles using the parking area by means of precast concrete wheel stops at least six inches in height or by firmly implanted bumper guards not attached to the wall or by other suitable barriers.
(b)
The entire parking area shall be paved with a permanent surface of concrete or asphaltic cement. Any unpaved area of the site shall be landscaped with lawn or other horticultural materials, maintained in a neat and orderly fashion at all times, and separated from the paved area by a raised curb or other equivalent barrier.
(c)
Lighting shall be installed in a manner which will not create a driving hazard on abutting streets or which will not cause direct illumination on adjacent residential properties. All lighting, including illuminated signs, shall be erected, directed and hooded or shielded so as to be deflected away from adjacent and neighboring property.
(d)
Before approval is given for any use, a site plan shall first be submitted to the Planning Department for review as to suitability of the location of entrances and exits to the site, parking area, screening, lighting and other design features.
§ 52-680 Building grades.
[Code 1975, § 39-25; Code 1992, § 32-110; 8-13-2001 by Ord. No. 1188; 10-22-2007 by Ord. No. 1280]
Grading, the location of down spouts, driveways, irrigation systems, or landscaping for any building shall not result in adverse drainage to surrounding existing buildings or properties. For any new construction, the existing established grade of adjacent properties shall be used in determining the grade around the new building, and the yard around the new building shall be graded in such a manner as to meet existing grades, as long as such grading will not result in adverse drainage to surrounding existing buildings or properties. Landscaped areas, including berms and raised plantings, are not considered adverse if adequate drainage is provided.
§ 52-681 Buildings to be moved.
[Code 1975, § 39-26; Code 1992, § 32-111]
Any building or structure which has been wholly or partially erected on any premises within or outside the City shall not be moved to and/or placed upon any premises in the City unless a building permit for such building or structure shall have been secured. Any such building or structure shall fully conform to all the sections of this chapter in the same manner as a new building or structure.
§ 52-682 Excavations or holes.
[Code 1975, § 39-27; Code 1992, § 32-112]
The construction, maintenance or existence within the City of any unprotected, unbarricaded, open or dangerous excavations, holes, pits or wells or of any excavations, holes or pits which constitute or are reasonably likely to constitute a danger or menace to the public health, safety or welfare is hereby prohibited. However, this section shall not prevent any excavation under a permit issued pursuant to this chapter or the City Building Code where such excavations are properly protected and warning signs posted in such a manner as may be approved by the Chief Inspector.
§ 52-683 Excavation, removal and filling of land.
[Code 1975, § 39-28; Code 1992, § 32-113]
The use of land for the excavation, removal, filling or depositing of any type of earth material, topsoil, gravel, rock, garbage, rubbish, or other wastes or by-products is not permitted in any zoning district except under a certificate from and under the supervision of the Chief Inspector in accordance with a topographic plan, approved by the Director of Public Works, submitted by the feehold owner of the property concerned. The topographic plan shall be drawn at a scale of not less than one inch equals 50 feet and shall show existing and proposed grades and topographic features and such other data as may from time to time be required by the Director of Public Works. Such certificate may be issued in appropriate cases upon the filing with the application of a cash bond or surety bond by a surety company authorized to do business in the state running to the City in an amount as established by the Director of Public Works which will be sufficient in amount to rehabilitate the property upon default of the operator or such other reasonable expenses. This section does not apply to normal soil removal for basement or foundation work when a building permit has previously been duly issued by the Chief Inspector.
§ 52-684 Restoration of unsafe buildings.
[Code 1975, § 39-29; Code 1992, § 32-114]
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Chief Inspector or required compliance with this lawful order, except as specified in § 52-736.
§ 52-685 Construction begun prior to adoption of chapter.
[Code 1975, § 39-30; Code 1992, § 32-115]
Nothing in this chapter shall be deemed to require any change in the plans, construction or design use of any building upon which actual construction was lawfully begun prior to the adoption of the ordinance from which this chapter is derived and upon which building actual construction has been diligently carried on and provided, further, that such building shall be completed within two years from the date of passage of the ordinance from which this chapter is derived.
§ 52-686 Voting places.
[Code 1975, § 39-31; Code 1992, § 32-116]
The sections of this chapter shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with municipal or other public elections.
§ 52-687 Approval of plats. [1]
[Code 1975, § 39-32; Code 1992, § 32-117]
No proposed plan of a new subdivision shall be approved by either the City Council or the Planning Commission unless the lots within such a plat equal or exceed the minimum size and width requirements set forth in the various districts of this chapter and unless such plat fully conforms with the state statutes and all other sections of this Code.
§ 52-688 Essential services.
[Code 1975, § 39-33; Code 1992, § 32-118]
Essential services as defined in this chapter are permitted in all zoning use districts. The City Council shall have the power to permit the location in any use district of a public utility building, structure or use, if the Council shall find such use, building or structure reasonably necessary for the public convenience and service, provided such building, structure, or use is designed, erected and landscaped to conform harmoniously with the general architecture and character of such district.
§ 52-689 Wireless communication facilities.
[Code 1975, § 39-34; 10-28-1991 by Ord. No. 1018; Code 1992, § 32-119; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253; 10-22-2007 by Ord. No. 1280; 5-24-2010 by Ord. No. 1311; 10-24-2016 by Ord. No. 16-005; 8-12-2024 by Ord. No. 24-005]
(a) ATTACHED WIRELESS COMMUNICATION FACILITIES CO-LOCATION WIRELESS COMMUNICATION FACILITIES WIRELESS COMMUNICATION SUPPORT STRUCTURES
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:
Wireless communication facilities (antennas and panels) that are affixed to existing structures, such as existing buildings, towers, water tanks, utility poles and the like. A wireless communication support structure proposed to be newly established shall not be included within this definition.
The location by two or more wireless communication providers or wireless communication facilities on a common structure, tower, or building, with the view toward reducing the overall number of structures required to support wireless communication antennas within the community.
Includes all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, antennas, microwave relay towers, telephone transmission equipment, building and commercial mobile radio service facilities. Not included within this definition are domestic television antennas or towers, citizen band radio facilities, shortwave facilities, ham and amateur radio facilities, satellite dishes and government facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority. However, those types of communication facilities must also conform to P.L. 106-521 and 47 CFR Part 95 equipment must be Federal Communications Commission (FCC) certified and may not include a linear amplifier or antenna that exceeds regulations given in § 52-701(d).
Structures erected or modified to support wireless communication antennas. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure.
(b)
Permitted in certain districts and locations. All new wireless communication facilities shall be permitted in any industrial zoned district, subject to compliance with applicable federal law, state law and City ordinances. The collocation of a wireless communication facility may be permitted in a C-1 or CBD Zone when located on an existing common structure, tower, or building. Any accessory transformer box which must be placed on the ground shall be constructed according to all zoning and building regulations and shall be placed as close as possible to the support structure. Wireless communication facilities may be permitted on the following sites in all districts subject to a public hearing:
(c)
Site plan approval. All new wireless communication facilities installed at a new location are subject to site plan approval by the Planning Department and the application of all other standards contained in this section. Co-locations with existing facilities do not require site plan review. Change in footprint of existing facilities or increase tower height requires administrative review of the Planning Department.
(d)
General requirements. General requirements are as follows:
(1)
A building permit shall be required for the erection, construction or alteration of any wireless communication facility and approved by the Chief Inspector as to compliance with the requirements of the zoning district wherein such wireless communication facility is to be located.
(2)
The maximum height of a new or modified support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant and by other entities to co-locate on the structure. The accessory building contemplated to enclose such things as switching equipment shall be limited to a maximum height of 12 feet, unless architectural features acceptable to the Planning Department justify increased height.
(3)
The minimum setback of a new or materially modified support structure from all abutting streets or adjacent property shall be a distance equal to the height of such structure, unless the applicant can certify that the tower is engineered to fall within the parcel if structural failure occurs.
(4)
There shall be an unobstructed access to the support structure and switching equipment, for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement.
(5)
The use of high intensity (strobe) lighting on a wireless communication facility shall be prohibited, and the use of other lighting shall be prohibited absent a demonstrated need.
(6)
Wireless communication facilities in excess of 100 feet in height above grade level shall be prohibited within a two-mile radius of a public airport or one-half-mile radius of a helipad.
(7)
Where an attached wireless communication facility is proposed on the roof of a building, if the equipment enclosure is proposed as a roof appliance or penthouse, it shall be designed, constructed and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or in an accessory building. If proposed as an accessory building, it shall be compatible with the existing building and shall conform with all district requirements for principal buildings, including yard setbacks.
(8)
Where the property containing a wireless communication facility adjoins any residentially zoned property or land use, the developer shall plant two alternating rows of evergreen trees with a minimum height of five feet on twenty-foot centers along the entire perimeter of the tower and related structures. In no case shall the evergreens be any closer than 10 feet from any structure.
§ 52-690 Open air business uses.
[Code 1975, § 39-35(1); Code 1992, § 32-120; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253; 8-12-2024 by Ord. No. 24-005]
Open air business uses, where permitted, in a C-1, M-1 or M-2 District, shall be subject to the following:
(1)
The minimum area of the site shall be 10,000 square feet in a C-1 District and 15,000 square feet in an M-1 and M-2 District.
(2)
The minimum street frontage shall be 100 feet.
(3)
There shall be provided around all sides of the site, except at entrances, exits and along sides of premises enclosed by buildings, a fence or wall five feet in height in order to intercept windblown trash and other debris.
(5)
Lighting shall be installed in a manner which will not create a driving hazard on abutting streets or which will cast direct illumination on adjacent properties.
(6)
Before approval is given for any use, a site plan shall be first submitted to the Planning Department for review as to the suitability of location of entrances and exits to the site, parking area, fencing, lighting and other design features.
(7)
All open air business uses shall comply with all City and county health regulations regarding sanitation and general health conditions.
§ 52-691 Historical designation.
[Code 1975, § 39-36; Code 1992, § 32-121; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253; 9-28-2015 by Ord. No. 15-008]
The Planning Commission and City Council may designate certain properties or structures as historical structures or properties. The occupation of these structures or properties for uses other than those permitted in the zoning district in which it lies may be permitted after recommendation by the Historic District Commission, a public hearing by the Planning Commission and approval of the City Council. This designation stays with the property until the structure is demolished or until the owner requests that the designation be removed or changed to another use. A removal or use change must come with approval from the Planning Commission and City Council after a recommendation from Historic District Commission.
§ 52-692 Greenbelts.
[Code 1975, § 39-37; Code 1992, § 32-122; 8-13-2001 by Ord. No. 1188; 10-22-2007 by Ord. No. 1280; 6-25-2012 by Ord. No. 1337]
(a)
Whenever a greenbelt or planting strip is required in this chapter, it shall be completed prior to the issuance of any certificate of occupancy and shall thereafter be maintained with permanent plant materials, to provide a screen to abutting properties. Such greenbelts shall be planted and maintained with trees or shrubs deemed acceptable by the Planning Commission.
(b)
A buffer strip shall be required as follows:
(1)
There shall be a buffer strip with a minimum of a five-foot-high screening fence, continuous landscaping or solid masonry wall between:
a.
Any new construction in the B, C-1, or CBD District and an R, R-1, A-1, or A-2 District or any residentially occupied property.
b.
Any nonresidential use in the institutional zone and a residential use.
c.
Any nonresidential use in a residential zone and a residential use.
d.
Around the perimeter of a multiple-family development in an A-1 and A-2 Zone.
(2)
There shall be a buffer strip with a minimum of a six-foot-high screening fence, continuous landscaping, or solid masonry wall between any MD, M-1, or M-2 District or marina or industrial use and an R, R-1, A-1, or A-2 District or any residentially occupied property.
(3)
Outdoor storage where allowed in a C-1, MD, M-1, or M-2 District shall be totally obscured by a screening fence, solid masonry wall, or landscaping a minimum of six feet high to screen such areas from public streets and adjoining properties. Any commercial, marina, or industrial use where storage is allowed or existing outside of the districts listed in this subsection shall comply with this subsection.
(4)
Buffer strips shall be as required in other parts of this chapter.
§ 52-693 Fences, walls and other protective barriers.
[Code 1975, § 39-38; Code 1992, § 32-123; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253; 10-22-2007 by Ord. No. 1280; 6-23-2025 by Ord. No. 25-004]
All fences, walls and other protective barriers, referred to in this section as "fences," of any nature, description, located in the City shall conform to the following:
(1)
The erection, construction, or alteration of any fence shall be approved by the Chief Inspector in compliance with this chapter.
(2)
Fences, unless specifically provided otherwise, shall conform to the following:
a.
In all districts, a permitted fence shall not exceed six feet in height above the preexisting grade of the surrounding land. A variance from the Zoning Board of Appeals may be granted for a greater height.
b.
In other than the M-1 and M-2 Districts, barbed wire, spikes, nails or any other sharp instruments of any kind are prohibited on the top or on the sides of any fence, except that barbed wire cradles may be placed on top of fences enclosing public utility buildings or equipment in any district or wherever deemed necessary by the Planning Commission in the interests of public safety, or protection of private property.
(3)
Setbacks for fences shall be as follows:
a.
In all residential districts, fences are not allowed in the required front yard setback or street side yard setback, unless otherwise noted. In the R, R-1, A-1, and A-2 Districts, in the required front yards setback (not on the waterfront) and street side yards setback, ornamental fences and walls for decorative or landscaping purposes, not exceeding 36 inches in height as measured from the established sidewalk or top of curb grade, may be located on the property line, provided it does not obstruct the view of traffic (see § 52-673). Such ornamental fences or walls allowed in the front yard shall include white picket (wood or vinyl) or wrought iron fences, and stone or brick walls. Front yard fences not considered to be ornamental are chain-link, wire, stockade, or plain concrete block. It shall be the discretion of the Planning Department to determine if such fence is ornamental. In order to obtain a zoning permit, a site plan with the location of such ornamental fence shown on the property and an elevation drawing or picture of the type of fence to be erected shall be submitted. Fences in the rear or side yard, not abutting a street, may be placed at the property line. Fences in the front yards on the waterfront (lakes, rivers, or canals) shall follow the regulations as indicated in § 52-621 of this chapter.
b.
In M-1, M-2, and I Districts, setbacks for fences must conform to building setbacks in the front yard and street side yard. Fences in the rear yard or side yard may be placed at the property line.
c.
In the C-1, CBD, B, MD, and CCD Districts, fences may be erected at the property line in all yards. When adjacent to a residential district, the setbacks for fences in the front yard or street side yard shall be as required for the setback of the building.
(4)
No screening fence shall be erected, established or maintained on any lot which will obstruct the view of a driver of a vehicle approaching the street or sidewalk, with the exception that shade trees shall be permitted where all branches are not less than eight feet above the road level. (See § 52-673.)
(5)
Electrified fences are not allowed with the corporate limits of the City. This does not include in-ground pet fences.
§ 52-694 Solid waste disposal; dumpsters.
[Code 1975, § 39-39; Code 1992, § 32-124; 9-28-1992 by Ord. No. 1027; 8-13-2001 by Ord. No. 1188; 10-22-2007 by Ord. No. 1280; 5-24-2010 by Ord. No. 1311; 9-28-2015 by Ord. No. 15-008; 10-24-2016 by Ord. No. 16-005]
Adequate solid waste disposal facilities shall be required in the A-1, A-2, B, C-1, CBD, M-1 and M-2 Districts or at any nonresidential use within the R or R-1 District. If trash/waste cannot be stored inside of a building until it is removed from the property, or if an exterior trash/waste disposal receptacle is necessary, a dumpster shall be provided and shall comply with the following:
(1)
Adequate vehicular access shall be provided to such solid waste containers for truck pickup either via a public alley or vehicular access aisle which does not conflict with the use of off-street parking areas or entrances to or exits from principal buildings nearby. When a public alley is utilized for truck access, said alley shall not be adjacent to a residence. In addition, said alley must be wide enough for the truck to maneuver without entering an adjacent private property.
(2)
A solid ornamental screening wall or fence shall be provided around all sides of solid waste containers which shall be provided with a gate for access and shall be of such height as to completely screen such containers, the minimum height of which shall be six feet.
(3)
The solid waste containers, the screen wall or fence and the surrounding ground area shall be maintained in a neat and orderly appearance, free from solid waste. This maintenance, including collection and disposal of solid waste, shall be the responsibility of the owner of the premises on which the containers are placed. The waste container shall be covered at all times.
(4)
There shall be compliance with all county and state ordinances and statutes and Chapter 38, Solid Waste and Recycling.
(5)
A refuse container, or dumpster, must be located a minimum of 20 feet from the property line of a residence. A waste container shall not be located in the front yard in any zoning district, except in accordance with § 38-14(a) of the Code of Ordinances.
(6)
In the R, R-1, A-1, or A-2 Zones, a refuse container, or dumpster, must be located on the parcel with the residential building it is intended to serve and shall not be located on a vacant parcel.
§ 52-695 Home occupations.
[Code 1975, § 39-40; Code 1992, § 32-125; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253; 10-22-2007 by Ord. No. 1280; 10-24-2016 by Ord. No. 16-005]
(a)
A home occupation is an activity carried out for gainful purposes by a resident of the dwelling and conducted as a customarily incidental use to the dwelling unit.
(b)
For this chapter, there shall be three distinct types of home occupation: passive home occupations, active home occupations and medical marihuana home occupations.
[4-26-2021 by Ord. No. 21-003]
(1)
Passive home occupations. Passive home occupations shall not require any client or customer traffic to visit the home. This type of home occupation shall be allowed in any residential district without special approval. Examples of a passive home occupation would be an office of a salesperson who makes telephone calls to clients or goes out to visit the client.
(2)
Active home occupations. Active home occupations generate customer traffic to the home, and active use shall require a special approval use permit from the Planning Commission and City Council. Examples of an active home occupation would be an office of a tax preparer who receives clients to the home.
Certain active home occupations do not require a special permit from the Planning Commission as the state guarantees them by right to be allowed in a residential district. These home occupations allowed by state law are those occupations in "instruction of the crafts or fine arts." For example a tutor in mathematics, a music instructor, or a piano teacher is allowed as a home occupation and can receive clients at the home without a special permit. Such instructional occupation shall still be governed by the conditions and criteria for a home occupation as it is listed in this section and is limited to the hours of operation, number of students, etc.
(3)
Medical marihuana home occupations, whether passive or active, shall require a special use permit from the Planning Commission.
(c)
Within a community, certain limited home occupation uses can be useful to both the general community as well as the resident proprietor. There is a need for some citizens to use their place of residence for limited nonresidential activities; however, the need to protect the integrity of a residential area is of primary concern. It is the intent of this chapter to:
(1)
Allow freedom of the individual property owner, yet not infringe upon the security of the community's interest or restrict the greater good of the public.
(2)
Ensure compatibility of such home occupation with other permitted uses of a residential district.
(3)
Retain the residential character of the neighborhood involved.
(4)
Defend the privacy of surrounding residents and not create an inappropriate atmosphere for family life.
(5)
Protect the health, safety, morals, and welfare of the adjacent residents.
(6)
Guarantee all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in residential areas.
(d)
All home occupations meet the following conditions and criteria:
[4-26-2021 by Ord. No. 21-003]
(1)
Only members of the immediate family on the premises may be employed by such occupation.
(2)
Such use shall be clearly incidental and secondary to the dwelling for dwelling purposes. The primary function of the premises shall be that of the residence of the family, and the occupation shall not exceed 10% of any one floor of the principal building.
(3)
No more than one home occupation shall be permitted within any single dwelling unit.
(4)
All activity shall be operated in its entirety within the preexisting dwelling and not within any garage or accessory building located upon the premises, except for incidental storage which may be allowed within a residential-type garage upon the premises. The warehousing of retail or wholesale merchandise is prohibited. There shall be no outside storage or processing.
(5)
No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted materials shall be used or stored on the site.
(6)
No activity is allowed which would constitute a nuisance to surrounding property or which would endanger the health, safety, and welfare of any other persons residing in that area by reason of noise, noxious odors, smoke, fumes, dust, heat, vibrations, unsanitary or unsightly conditions, fire hazards, electrical disturbances, night lighting, glare, and the like which is noticeable at or beyond the property line or beyond the walls of the dwelling unit if the unit is part of a multifamily structure.
(7)
Such home occupation shall be in compliance with all City, county, and state codes, laws, and regulations.
(8)
Such use shall not require internal or external alterations or construction other than that which may be required to meet City, county or state safety or construction code standards as authorized by the City.
(9)
There shall be no signage, advertising, or product displayed which is visible from the street or adjacent property.
(10)
No external evidence of such home occupation shall be allowed indicating from the exterior that it is being used for anything but a dwelling.
(11)
No sale or rental of goods shall be allowed on the premises. Any goods produced on the premises must be sold off the premises. Samples, not produced on the premises, may be displayed but not sold on the premises. No food or beverages shall be sold on the premises.
(12)
Customers for the active home occupation shall be accommodated on an appointment basis. Walk-in business, where the premises is generally open to customers without an appointment, shall not be allowed. Business shall be conducted from 8:00 a.m. to 8:00 p.m. There shall be a limit of six customers per day, and the business shall not service more than one client or customer at a time on the premises.
(13)
Traffic and parking shall be in accordance with the following:
a.
Adequate off-street parking shall be provided on site for residents and customers.
b.
Paving of any yard area other than normal driveway areas to accommodate parking for home occupations is prohibited.
c.
The home occupation shall not generate a volume or character of pedestrian or vehicular traffic beyond that normally generated by homes in the residential neighborhood.
d.
Only deliveries normally and reasonably occurring for a residence shall be made to the home. Delivery vehicles shall not restrict traffic circulation.
(14)
When applying for a special permit for a home occupation, there shall be no violation against a property or dwelling before such residence may be issued a special permit for such home occupation.
(15)
Activities specifically prohibited include small engine repair, repair or service of motor vehicles and other large equipment, and service or manufacturing processes which would normally require industrial zoning. The use of equipment or machinery industrial in nature is prohibited. Only mechanical equipment ordinarily used for residential, domestic, or household purposes or as deemed similar to power and type is allowed.
(16)
A personal service business requiring physical contact with the client or a service which is directly performed on or to the client's body is not considered a home occupation by this chapter.
(17)
Any advertising of the home occupation may include the telephone number, but shall not carry the residential address of such occupation in order to prevent walk-in customers without appointment.
(19)
Such other reasonable conditions and limitations may be imposed by the Planning Commission to protect nearby residential premises and persons.
(20)
No home occupation shall involve the care or treatment of animals or pets.
(21)
Some business or professional offices may be used as a home occupation. It will be the final decision of the Planning Department to determine what types of offices qualify as a home occupation. These offices normally serve one client at a time and customer traffic is minimal. A "home occupation" office shall be the location where the business owner lives and the office is a minor use. The following offices may be considered a home occupation, provided all of the regulations of a passive and active home occupation apply:
a.
Typing or secretarial services.
b.
Bookkeeping, accounting, or tax preparation services.
c.
Home office of a sales representative such as Avon, Mary Kay, Amway, etc.
d.
Insurance agent.
e.
Real estate agent.
f.
Architect or engineer.
The following offices cannot be considered as home occupations: | |||
a. | Medical office of a doctor, dentist, chiropractor, etc. | ||
b. | Veterinarian office or clinic. | ||
c. | Office of a physical therapist or massage therapist. | ||
(22)
Any home occupation which consists of an occupation which must be state or federally licensed must first obtain such license before the home occupation permit can be granted.
(23)
Following is a list of examples of home occupations, which is not intended to limit the kinds of home occupations that can comply with the conditions of this section:
(24)
Following is a list of examples of what is not considered a home occupation by this chapter due to the fact that, by the nature of the investment or operation, it has a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby impairs the use and value of a residentially zoned area for residence purposes and is more suited to professional or business districts. This list is not intended to limit the kinds of uses which are deemed not to comply with the conditions of this section:
a.
Small engine repair, automotive repairs, automotive detailing, taxi dispatch service.
b.
Dog grooming.
c.
Kennels.
d.
Restaurants.
e.
Bed-and-breakfasts or tourist homes.
f.
Psychic reading.
g.
Tearooms.
h.
Child or adult day care.
i.
Repair, painting, or sale of motorized vehicles.
j.
Welding or machine shops.
k.
Catering.
l.
Personal service business requiring bodily contact with the client such as the business of a barber or beautician, tattoo artist, nail technician, physical therapist, or massage therapist, etc.
m.
Taxi service dispatch.
n.
Tattoo or body piercing establishment.
o.
Retail shop.
(e)
Medical marihuana home occupations. In addition to the requirements herein applicable to all home occupations, medical marihuana home occupations must meet the following:
[4-26-2021 by Ord. No. 21-003]
(2)
A registered primary caregiver operating a medical marihuana home occupation must not be located within 1,000 feet of a school, as measured from the outermost boundaries of the lot or parcel on which the home occupation and school is located.
(3)
Not more than one primary caregiver per parcel may be permitted to grow or cultivate medical marihuana.
(4)
Not more than five qualifying patients may be assisted with the medical use of marihuana within any given calendar week.
(5)
All medical marihuana must be contained within an enclosed, locked facility inside the primary residence on the parcel.
(6)
All necessary building, electrical, plumbing and mechanical permits must be obtained for any portion of the building in which electrical wiring, lighting and/or watering devices that support the cultivation, growing or harvesting of marihuana are located.
(7)
If a room with windows is utilized as a growing location, any lighting methods that exceed usual residential periods between the hours of 11:00 p.m. and 7:00 a.m. must employ shielding methods, without alteration to the exterior of the residence, to prevent ambient light spillage that may create a distraction for adjacent residential properties.
(8)
That portion of the building where energy usage and heat exceeds typical residential use, such as grow room, and the storage of any chemicals such as herbicides, pesticides, and fertilizers must be subject to inspection and approval by the City of Port Huron Fire Department to ensure compliance with the Michigan Fire Protection Code.
(9)
The premises must be open for inspection upon request by the Building Official, the Fire Department and law enforcement officials for compliance with all applicable laws and rules, during the stated hours of operation/use and as such other times as anyone is present on the premises.
(10)
Medical marihuana home occupations are permitted only in single-family dwelling units and not in any multifamily or multi-unit dwellings.
§ 52-696 Bed-and-breakfast facilities.
[Code 1975, § 39-41; Code 1992, § 32-126; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253; 9-28-2015 by Ord. No. 15-008; 10-24-2016 by Ord. No. 16-005]
Bed-and-breakfast facilities, where permitted in certain districts after special approval, shall be subject to the following:
(1)
The principal use of the dwelling is single-family residential and is owner-occupied at all times.
(2)
The rooms utilized are a part of the principal residential use and not specifically constructed for rental purposes. Additions to the home to allow expansion of the bed-and-breakfast use are not permitted.
(3)
The bed-and-breakfast facility does not require any internal or external alterations of construction features, equipment or outdoor storage not customary in residential areas and does not change the character of the dwelling.
(4)
No more than five rooms shall be rented for bed-and-breakfast purposes.
(5)
Meals shall only be served to those renting rooms.
(6)
No transient occupant shall reside on premises for more than seven consecutive days and not more than 30 total days in one year.
(7)
All such facilities shall comply with all applicable City, county, and state building, plumbing, electrical, mechanical, fire, health, and barrier free codes. The rooms shall be inspected by the Building Inspection Department and the Fire Marshall before rooms can be occupied. A bed-and-breakfast is subject to the regulations for a single-family residence. It is not subject to Chapter 10, Article V, Rental Certification, of the City Code of Ordinances.
(8)
Signage shall conform to § 52-829. An elevation drawing of the proposed sign shall be provided when applying for a special permit, and a building permit shall be obtained before the sign is erected. All signage shall require approval from the Historic District Commission.
(9)
Sufficient off-street parking shall be provided pursuant to Article VI of this chapter as it pertains to single-family dwellings and bed-and-breakfast facilities. Parking lots shall be paved, and stacking cars one behind the other for bed-and-breakfast patrons shall not be permitted. No parking areas shall be located in any required front yard or street side yard. Parking areas shall be adequately screened, as required, from other adjacent residential lots.
(10)
When applying for special approval, a site plan shall be provided indicating the location of the dwelling, the lot dimensions, location of proposed parking areas, signage, landscaping, etc.
(11)
Homes utilized as bed-and-breakfast facilities must display unique historical architectural characteristics and will require a letter of recommendation from the Historic District Commission as a historical structure before approval is issued by Planning Commission.
(12)
Any changes to the facade of the structure will require approval from the Historic District Commission.
(13)
The site utilized must be a conforming residential lot regarding size.
§ 52-697 Site plan review.
[Code 1975, § 39-42; Code 1992, § 32-127; 8-13-2001 by Ord. No. 1188; 10-22-2007 by Ord. No. 1280; 6-25-2012 by Ord. No. 1337; 8-12-2024 by Ord. No. 24-005]
(a)
The purpose of site plan review is to determine compliance with the sections set forth in this chapter and to promote the orderly development of the City, the stability of land values and investments and general welfare, and to help prevent the impairment or depreciation of land values and development by the erection of structures or additions or alterations thereto without proper attention to siting and appearance. This section shall apply to all site plan review procedures unless otherwise provided in this chapter. The procedures of this section shall be minimum requirements, and additional procedures may be required by this chapter or by the Planning Department.
(b)
Whenever site plan review is required by this chapter, a copy of the site plan, including all items required together therewith, shall be submitted to the Planning Department. A site plan review application, to have site plan approval for a particular use, shall be submitted to the Planning Department, 100 McMorran Boulevard, Port Huron, Michigan 48060. Include the name of the development; the proposed use; the property owner's name and/or the applicant's name, address, and daytime telephone number. If the applicant is not the property owner, please indicate as such and the relationship thereto (for example, if the applicant is the contractor, realtor, developer, etc.). A copy of a purchase agreement may be requested, if the applicant is not the property owner. The Planning Department may prepare forms and require the use of such information in site plan preparation. The fee for an application for site plan review or approval shall be adopted by resolution of the City Council and amended, as necessary, by resolution of the City Council.
(c)
A copy of the site plan shall be distributed by the Planning Department to such individuals and agencies as deemed necessary by the Planning Department.
(d)
The following information shall accompany all plans submitted for review:
(1)
A legal description of the property under consideration.
(2)
A copy of the site plan is required on a USB flash drive in a PDF format and a twenty-four-inch by thirty-six-inch sheet. A map indicating the gross land area of the development, the present zoning classification thereof, and the zoning classification and land use of the area surrounding the proposed development, including the location of structures and other improvements, is required. All property and building dimensions shall be indicated. The map shall be drawn to scale by a licensed surveyor, engineer, or architect. All letters and numbers on the map shall be clearly legible.
(3)
The twenty-four-inch by thirty-six-inch site plan shall be a general development plan with the following details shown to scale and dimensioned:
a.
Location of each existing and each proposed structure in the development area, the use to be contained therein, the number of stories, gross building areas, distances between structures and lot lines, setback lines, and approximate location of vehicular entrances and loading points; location of structures on adjacent properties in respect to the property lines.
b.
All streets, driveways, easements, service aisles and parking areas, including general layout and design of parking lot spaces in accordance with Article VI of this chapter.
c.
All pedestrian walks, malls and open areas for parks and recreation.
d.
Location and height of all walls, fences and screen planting, including general plan for the landscaping of the development and the method by which landscaping is to be accomplished and be maintained; location of dumpsters, if necessary for such use.
e.
Types of surfacing, such as paving, turfing or gravel, to be used at the various locations.
f.
A grading plan of the area with topographic information.
g.
Existing and proposed utilities.
(4)
Plans and elevations of one or more structures, indicating proposed architecture and construction standards.
(5)
Such other information as may be required by the City to assist in the consideration of the proposed development.
(6)
Any rezonings, lot splits/combinations, zoning variances, etc., which are required for the proposed use shall occur before a site plan can be reviewed. The fee for an application to split or combine a lot shall be adopted by resolution of the City Council and amended, as necessary, by resolution of the City Council.
(7)
Public rights-of-way (alleys or streets) or utility easements which may need to be vacated for construction purposes shall be vacated prior to any site plan approval. If utility easements need to be relocated, letters from the appropriate utility companies authorizing the relocation shall be provided before such existing easements can be vacated. The fee for an application to vacate a public rights-of-way (alleys or streets) or utility easement shall be adopted by resolution of the City Council and amended, as necessary, by resolution of the City Council.
(e)
In order that buildings, open space and landscaping will be in harmony with other structures and improvements in the area and to ensure that no undesirable health, safety, noise and traffic conditions will result from the development, the Planning Department shall determine whether the site plan meets the following criteria, unless the Planning Department determines that one or more of such criteria are inapplicable:
(1)
The vehicular transportation system shall provide for circulation throughout the site and for efficient ingress and egress to all parts of the site by fire and safety equipment.
(2)
Pedestrian walkways shall be provided as deemed necessary by the Planning Department for separating pedestrian and vehicular traffic.
(3)
Recreation and open space areas shall be provided in all multiple-family residential developments.
(4)
The site plan shall comply with the district requirements for minimum floor space, height of buildings, lot size, yard space, density and all other requirements as set forth in § 52-621 of this chapter unless otherwise provided in this chapter.
(5)
The requirements for greenbelts, fencing, and walls, and other protective barriers shall be complied with as provided in § 52-693.
(6)
The site plan shall provide for adequate storage space for the use therein, including, where necessary, storage space for recreational vehicles.
(7)
The site plan shall comply with all requirements of the applicable zoning district, unless otherwise provided in this chapter.
(f)
The site plan shall be reviewed by the Planning Department and approved, disapproved or approved with any conditions the Planning Department feels should be imposed. However, the applicant shall have the right to appeal to the City Council for a site plan disapproved by the Planning Department, provided that the appeal is filed within 30 days after Planning Department denial.
(g)
The building permit may be revoked by the Chief Inspector when the conditions of the site plan as approved by the Planning Department have not been complied with as provided in § 52-41(b)(2).
(h)
Any structure or use added subsequent to the initial site plan approval must be approved by the Planning Department. Incidental and minor variations of the approved site plan with written approval of the Planning Department shall not invalidate prior site plan approval.
§ 52-698 Standards for decisions.
[Code 1992, § 32-128; 8-13-2001 by Ord. No. 1188; 10-22-2007 by Ord. No. 1280; 8-12-2024 by Ord. No. 24-005]
Notwithstanding anything to the contrary contained in this chapter and to secure compliance with Public Act 110 of 2006 (MCL 125.3101 et seq.) with respect to procedures contained in this chapter pertinent to special land uses and/or planned unit developments or concepts in this chapter under different terminology designed to accomplish similar objectives of a reviewing process, such reviewing process is delegated to the Planning Commission. Any site plan review required pertinent to this section is hereby delegated to the Planning Department notwithstanding any other section to the contrary. In addition to specific standards which may be applicable, the following standards shall serve as the basis for decisions involving special land uses, planned unit developments, and other discretionary decisions contained in this chapter. The proposed use or activity shall:
(1)
Be compatible with adjacent uses of land;
(2)
Be consistent with and promote the intent and purpose of this chapter;
(3)
Be compatible with the natural environment;
(4)
Be consistent with the capabilities of public services and facilities affected by the proposed use; and
(5)
Protect the public health, safety, and welfare.
§ 52-699 New construction design guidelines for residential dwellings.
[12-8-2003 by Ord. No. 1219; 10-10-2005 by Ord. No. 1253; 10-22-2007 by Ord. No. 1280]
Renovations or new construction of single-family and two-family residential dwellings shall be compatible in design and appearance to dwellings in the neighborhood it is located. The Zoning Administrator shall determine whether this standard is met by reviewing the following criteria:
(1)
New construction of residential dwellings shall be compatible with the scale, height, period style, and architectural design of existing homes within the block surrounding the lot.
(2)
The front entrance of the home shall face the front street side of the lot. New homes shall not be established/constructed on the lot sideways. On corner lots, the main entrance may face either of the streets if in accordance with other applicable codes and ordinances.
(3)
Setbacks are to be in accordance with this chapter; exceptions may be made to allow for setback to reflect the average established setback line of existing, adjacent buildings only if it can be shown that the required setback would dramatically alter the line of site, privacy and aesthetics of the neighboring area.
(4)
Not more than 50% of the inside length of an attached garage may protrude out past the front facade wall of the home unless the vehicle garage doors are on the side of the garage and not facing the street. The street side shall incorporate building design elements and materials to blend with the front facade and shall include windows and trim. If a garage is attached to the main structure, it can protrude out past the house by any distance, within proper setbacks, if part of the living quarters of the main dwelling is above the garage. This living space above the garage must not be a separate residential dwelling unit and must be accessed through the main part of the house not through a set of stairs in the garage. The roof of the attached garage cannot be more than three feet higher than the roof peak of the dwelling unless part of the living space of the main dwelling is built as a second story over the garage. Garage width may not exceed more than 60% of the home's front facade width.
(5)
Garage walls are to be no more than 10 feet high excluding the portion of the wall within a gable end. The roof height may not extend more than three feet above the roof peak of the dwelling. Exception is noted for those structures that are attached garages with a portion of the principle structure's living space constructed above the garage.
(6)
When alleys are existing for access, the development of garages and parking pads to be adjacent to the alley rather than the street frontage is preferred.
(7)
The original scale, proportions, lines and exterior construction materials of the surrounding environment shall be respected, compatible and enhanced.
(8)
Front entrances and porches must include design elements that are similar in scale, height and design to those on original existing structures in the neighborhood.
(9)
New residential construction requires the construction of a garage structure. Dwellings of less than 1,100 square feet require a minimum one-car enclosed garage per residential unit; dwellings of 1,100 square feet or more require a minimum of a two-car enclosed garage per residential unit. The enclosed garage may be attached or unattached and must meet the appropriate setbacks and all other regulations.
§ 52-700 Landscape standards for new development.
[12-8-2003 by Ord. No. 1218; 9-28-2015 by Ord. No. 15-008; 10-24-2016 by Ord. No. 16-005]
The purpose of this section is to establish general minimum standards regarding landscape plans as part of the site plan review process; enhance the City's environmental and visual character; preserve or stabilize ecological concerns with development needs; maintain a healthy environment, mitigate pollution, and provide natural and aesthetically pleasing buffers between conflicting land uses; protect public and private investments; and improve neighborhood aesthetics and promote high-quality developments.
(1)
The following terms are hereby defined as follows: (reserved).
(2)
For new construction or major redevelopment of building projects within an A-1, A-2, CBD, MD, C-1, M-1, or M-2 Zone, a landscape plan must be approved as part of final site plan approval and prior to issuance of a building permit. Such landscape plan to include: site drawing indicating location, type and size of plantings, berms, screens, parking surfaces, and any other amenities required.
(3)
Landscaping; street trees.
a.
Wherever a greenbelt exists along a roadway, street trees shall be planted 40 feet on center. Existing street trees in good health may be counted toward fulfilling this requirement.
b.
Proposed street trees should be of a complimentary species as existing trees on that street but do not necessarily have to be of the same species as a protective measure against insect and disease infestation. The following trees are permitted as street trees:
1.
Beech (American and European).
2.
Elm: Hybrids only.
3.
Flowering trees: Crabapple, Dogwood, Horsechestnut, Ohio Buckeye, Eastern Redbud, Callery Pear, Magnolia.
4.
Maple: Crimson King, Freeman, Hedge, Norway Cultivars, Paperbark, Red, Shantung, Striped, Sugar, Tartarian.
5.
Oak: Burr, Pin, Red, Sawtooth, Shingle, Swamp and White Miscellaneous species: Birch, Hackberry, Hornbeam (American), Ironwood, London Planetree, Littleleaf Linden, Honey Locust, Sweetgum (American), Tupelo and Tuliptree.
The minimum size of trees at time of planting shall be 2 1/2 inches in caliper measured 12 inches above grade.
(4)
All developed portions of the site shall conform to the following general landscaping standards, except for specific street and parking lot landscaping requirements:
a.
All unpaved portions of the site shall be planted with grass, ground cover, shrubbery or other suitable plant material.
b.
One deciduous tree shall be planted every 40 linear feet of street frontage of unpaved open area. Eight shrubs may be substituted for each required tree. A grouped planting bed may also be substituted with the approval of the Planning Department where trees or shrubs are not determined to be the best option.
(5)
Unless otherwise specified, all landscape materials shall comply with the following standards:
a.
Plant quality. Plant materials used in compliance with this section shall be nursery grown, free of pests and diseases, hardy in the county climate and conditions, in conformance with the standards of the American Association of Nurserymen, and shall have passed inspections required under state regulations.
b.
Composition. A mixture of plant material, such as evergreen deciduous trees and shrubs, is recommended as a protective measure against insect and disease infestation. A limited mixture of hardy species is recommended rather than a large quantity of different species to produce a more aesthetic, cohesive design and avoid a disorderly appearing arrangement.
c.
Plant material specifications. The following specifications shall apply to all plant material proposed in accordance with the landscaping requirements of this section:
1.
Deciduous shade tree. Deciduous shade trees shall be a minimum of 2 1/2 inches in caliper measured 12 inches above grade when planted.
2.
Deciduous ornamental trees. Deciduous ornamental trees shall be a minimum of two inches in caliper when measured 12 inches above grade when planted.
3.
Evergreen trees. Evergreen trees shall be a minimum of five feet in height when planted. Evergreen trees planted to comply with a screening requirement shall be a minimum of six feet in height when planted.
4.
Shrubs. Shrubs shall be a minimum of two feet in height or spread when planted. Shrubs planted to comply with a screening requirement shall be a minimum of three feet in height.
5.
Grass. Grass area shall be planted using species normally grown as permanent lawns in the county and/or native to the county. Grass, sod, and seed shall be clean and free of weeds, pests, and diseases. Grass shall be sodded in the front yard unless otherwise approved. In other areas of the site, grass may be sodded, plugged, sprigged, or seeded. Straw or other mulch shall be used to protect newly seeded areas.
6.
Ground cover. Ground cover used in lieu of turf grass in whole or in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage after one complete growing season.
7.
Mulch. Mulch used around trees and shrubs shall be a minimum of three inches deep and installed in a manner as to present a finished appearance.
8.
Undesirable plant material. Use of the following plant materials (or other clones or cultivars) is prohibited due to susceptibility to storm damage, disease, and other undesirable characteristics:
(6)
Landscaping required by this section shall be maintained in a healthy, neat, and orderly appearance, free from weeds, refuse and debris. All unhealthy and dead plant material shall be replaced immediately upon notice from the Building Inspector or the blight inspector, unless the season is not appropriate for planting, in which case such plant material shall be replaced at the beginning of the next planting season. All landscaped areas shall be provided with a readily available and acceptable supply of water. Trees, shrubs, and other plantings and lawn areas shall be watered regularly throughout the growing seasons.
(7)
Berms shall be graded with slopes no steeper than one-foot horizontal for each three-foot vertical, with at least a two-foot flat area on top. Berms shall be planted with grass, ground cover, wood mulch or other suitable plant material to prevent erosion and shall be in such a design so as to not create adverse drainage to adjacent land.
(8)
It shall be the responsibility of the owner of the property for which site and/or building plan approval has been granted to maintain the property in accordance with the approved site and/or building design on a continuing basis until the property is razed, or until the new zoning regulations supersede the regulations upon which approval of the site and/or building plans was based, or until a new site and/or building design is approved. Any property owner who fails to so maintain an approved site and/or building design shall be deemed in violation of the provisions of this section and shall be subject to the penalties set forth in this chapter.
(9)
In consideration of the overall design and impact of a specific plan, the Planning Commission may modify the specific requirements outlined herein, provided that any such adjustment is in keeping with the intent of this and other sections of the chapter.
(10)
For those uses requiring greater than 20 parking spaces, there shall be a landscape plan which shows plantings and groups of plantings that buffer the parking lot areas from adjacent uses. Such a landscape plan shall include a mixture of planting material appropriate for the space, so as to not create a visual/safety barrier. Such plan shall be approved by the Planning Department. Parking lot landscaping shall be no less than five feet in any single dimension and shall be protected from parking areas with curbing, or other permanent means to prevent vehicular encroachment onto landscaped areas. This parking lot requirement is in addition to landscaping required to comply with the parking lot screening requirement.
§ 52-701 Private television or communication antennas, tower antennas, or satellite dish antennas located on residential properties.
[10-10-2005 by Ord. No. 1253; 5-24-2010 by Ord. No. 1311]
(a)
A building permit and/or electrical permit shall be required for all residential antennas except satellite dish antennas less than three feet in diameter which are intended for receipt of television or communication signals.
(b)
All antennas and satellite dishes are only allowed in the side or rear yard. They may not be placed on an easement. The minimum setback requirement from the side and rear property line is three feet. This setback shall also pertain to any guy wires to secure the antenna or any stabilization device the antenna may require. Guy wires shall be firmly secured to the ground only or the roof of the house if said antenna is roof mounted.
(c)
Satellite dish antennas may be ground, roof, or wall mounted to the main or accessory building on the property but only along the side or rear yard. When attached to a building, the dish must be secured according to the requirements of the City building code. Residential satellite dishes may not exceed three feet in diameter. The outer edge of a satellite dish shall be at the setback line, not the pole upon which it is mounted.
(d)
In the R, R-1 and A-1 Districts, domestic radio and television antennas cannot extend higher than 12 feet above the height limit of the zoning district in which it is located. In all other districts, the height may not exceed more than 20 feet above the height restriction of that district.
(e)
Any wiring or cable connections between the antenna or dish and the dwelling shall be installed in a manner approved by the City Electrical Inspector.
§ 52-702 Livestock.
[4-24-2006 by Ord. No. 1265]
"Livestock" means that term as defined in the Animal Industry Act of 1987, Public Act No. 466 of 1988 (MCL 287.701 through 287.747).
There shall be no storage, staging, waiting, parking or maintaining of any livestock at any time or in any district within the City's corporate limits.
§ 52-703 Alternative energy devices.
[10-22-2007 by Ord. No. 1280; 1-11-2010 by Ord. No. 1305]
To help offset the increasing costs of electricity and heat supplied by fossil fuels, many property owners may wish to have alternative forms of energy. This may be accomplished in a number of ways. Due to the close proximity of buildings within a City, it has been deemed necessary to allow only certain types of alternative energy devices to be placed on properties and to have restrictions on these devices for safety and security purposes. The devices allowed are:
(1)
Solar panels. Solar energy is a source of energy that uses radiation emitted by the sun. A solar panel is a device that collects and converts solar energy into electricity or heat.
a.
Solar energy panels and roof shingles are allowed in all zoning districts.
b.
Solar panels may not be placed on any side of a house or building facing the street. Panels may only be placed flush along the walls or roof of a structure and shall be in placed in accordance with the rules and regulations of Division 16, Schedule of Regulations, in regards to setbacks, heights, etc., per the district that the panels are located. The panels may be placed on an accessory building. Accessory buildings must be built per the requirements of § 52-676. Solar panel grids on a ground pole may be installed in C-1, CBD, I, M-1, and M-2 Districts. The size and height are not to exceed regulations obtained from the Inspection Division.
c.
Panels may not be placed so as to reflect glare into any neighboring property or the street.
(2)
Wind turbine. A wind turbine or wind energy conversion system means any device which converts wind energy to mechanical or electrical energy.
a.
Wind turbine towers are allowed in any zoning district, provided the property size is a minimum of two or more acres of land. A site plan indicating the location of the turbine and any ancillary equipment shall be located on the drawing.
b.
The setback of the tower must be equal to the height of the tower (the distance from the base of the tower to the top of the unit) plus 1/2 the rotor (blade) diameter or within an engineered fall zone.
c.
Maximum height of the wind turbine tower shall be that of the zoning district in which it is located and shall comply with all Federal Aviation Administration and Michigan Airport Zoning Act (PA 23 of 1950, MCL 259.431 et seq.) requirements. Wind turbine towers of up to a maximum height of 90 feet shall be allowed in open areas in excess of two acres and with engineered, professionally sealed construction plans and proper permits from the Building Official.
d.
The minimum distance between the ground and the blades shall be 20 feet as measured at the lowest point of the arc of the blades.
e.
Wind turbines shall have an automatic braking, governing, or a feathering system to prevent uncontrolled rotation or over speeding. The maximum wind speed the wind turbine can operate without incurring structural damage or functioning abnormally shall be at least 80 mph.
f.
All wind towers shall have lightning protection.
[6-26-2017 by Ord. No. 17-005]
g.
If a tower is supported by guy wires, the wires shall be clearly visible to a height of at least six feet above the guy wire anchors.
h.
The tower, and any auxiliary mechanical equipment, shall be enclosed with a six-foot fence unless the base of the tower is not climbable for a distance of 12 feet.
i.
Wind turbines may have a vertical or horizontal rotor.
j.
Roof-mount wind turbines are allowed in all zoned districts and must be installed according to industry standards with engineered, professionally sealed construction plans and applicable building codes. Roof-mount turbines may be affixed to the roof of either a primary structure or an accessory structure and placed so as not to be easily visible from the front public view. Roof-mount turbines may not exceed a height of four feet above the rooftop.
(3)
Outdoor burning devices. A burning device is any apparatus or appliance, other than a barbecue grill, that burns a material such as wood, corn, pellets, waste materials, compost, vegetable oils, automotive waste oil/fuel, water, or similar material for the purpose of creating energy and is not located within the walls of the main dwelling or main structure. Outdoor burning devices for the purpose of alternative fuel to heat industrial, commercial, or residential structures is not allowed.
(4)
General requirements for any alternative energy device and ancillary equipment:
a.
Any alternative energy device, or ancillary equipment, must be installed in compliance with all local building, electrical, heating and plumbing, fire, and zoning codes. A building permit and appropriate electrical, HVAC, or plumbing permits must be obtained. Any structural designs must be signed and sealed by a professional, certified engineer. When placing equipment on the roof of a structure, a load design must be approved.
b.
No noise shall be created by any device or ancillary equipment that can be measured at the property line to exceed 63 decibels.
c.
The placement of any device shall not interfere with the reception, transmission, or broadcast of radio, television, microwave, wireless or other personal communication systems.
d.
The location of any alternative energy device shall not create any immediate or future danger for any adjacent properties or persons.
e.
All equipment must be certified and tested by the Underwriters' Laboratories, Inc., or other such applicable independent accrediting agency.
f.
If there is a proposed interface with a utility company's existing grid, if applicable, there shall be a notification in writing given to that utility company affected prior to the installation of such interface. A copy of such notification shall be given to the City and kept on file with all permits.
g.
All alternative energy apparatus shall be kept in good repair and sound condition. Any equipment which has been abandoned or not utilized for a period of one year shall be dismantled and removed from the property within 60 days of written notice from the City to remove.
§ 52-704 Marihuana business.
[9-28-2020 by Ord. No. 20-003; 10-26-2020 by Ord. No. 20-007]
A category of uses permitting marihuana establishments and marihuana facilities licensed pursuant to MMFLA, MRTMA and if permitted pursuant to the City Code of Ordinances.
(1)
General provisions. Nothing herein shall be construed to grant authorization to operate a marihuana business without receipt of a license from the State of Michigan and a final permit or certificate as required by the City of Port Huron Code of Ordinances. Further, nothing herein shall be construed as to allow any time of marihuana business which is not specifically allowed pursuant to the City of Port Huron Code of Ordinances. The following apply to all marihuana businesses unless otherwise noted.
a.
General requirements.
1.
All location criteria and required separation distances apply to both new marihuana businesses and to any proposed change in the location of an existing marihuana business.
2.
All location criteria and required separation distances apply to both marihuana businesses and similar protected uses located in adjacent governmental jurisdictions.
3.
A marihuana business is prohibited from operating in any residential zoning district or within a residential unit.
4.
A marihuana business may not be operated at any place in the City other than the address provided in the application on file with the City Clerk.
5.
A marihuana business must be operated in compliance with all applicable state and City regulations for that type of marihuana business.
6.
All marihuana businesses must operate in such a manner that odors or fumes generated by the marihuana business are filtered such that they are not discernible outside of the licensed premises.
b.
Location criteria. All marihuana businesses must meet the following location criteria, except marihuana safety-compliance facilities or establishments:
1.
Required distance.
i.
A marihuana business may not operate or be located within 1,000 feet of a preexisting private or public school providing education in kindergarten or any grades one through 12; provided, facilities that provide primarily virtual education or education not at the site shall not be included in calculating this distance.
ii.
A marihuana business may not operate or be located within 500 feet of a preexisting state-licensed child-care center, public playground, public park, public beach, public pool, or youth center; provided, public parks without children's playground equipment or public parks not designed primarily for use by children shall not be included in calculating this distance.
iii.
Measuring the required distance. The required distances provided for herein are measured in a straight line from the nearest property line of a protected use to the nearest portion of the building or unit in which the marihuana business is located and includes distances that lie outside of the City of Port Huron.
c.
Shared location. Subject to all other applicable rules and regulations, marihuana businesses may operate from a location shared with an equivalent licensed marihuana business.
(2)
Marihuana processor establishments and facilities. Marihuana processors are licensed to obtain marihuana from marihuana establishments/facilities; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments/facilities. All processing operations must be conducted within an enclosed building. Processor establishments and facilities, whether licensed pursuant to MMFLA or MRTMA, are permitted as a special use only in the M-1 or M-2 zoning districts and are not a permitted or special use in any other district.
(3)
Safety-compliance establishments and facilities. Safety compliance establishments and facilities are licensed to test marihuana, including certification for potency and the presence of contaminants. Safety-compliance establishments and facilities, whether licensed pursuant to MMFLA or MRTMA, are permitted as a special use only in the M-1, M-2, C-1 and CBD zoning districts and are not a permitted or special use in any other district.
(4)
Secure transporter establishments and facilities. Secure transporter establishments and facilities are licensed to obtain marihuana from marihuana establishments/facilities in order to transport marihuana to marihuana establishments/facilities. Secure transporter establishments and facilities are permitted as a special use only in the M-1, M-2 and C-1 zoning districts and, whether licensed pursuant to MMFLA or MRTMA, are not a permitted or special use in any other district.
(5)
Microbusiness establishment. A microbusiness establishment is authorized to cultivate not more than 150 marihuana plants, process and package marihuana, and sell or transfer marihuana to individuals 21 years of age and older and to a safety-compliance facility, but not to other marihuana establishments. Microbusiness establishments are permitted as a special use only in M-1 or M-2 zoning districts and are not a permitted or special use in any other district.
(6)
Retailer establishment and provisioning centers. Retailer establishments and provisioning centers are licensed to obtain marihuana from marihuana establishments or facilities and to sell or otherwise transfer marihuana to marihuana establishments or facilities and to individuals who are 21 years of age or older. Retailer establishments and provisioning centers, whether licensed pursuant to MMFLA or MRTMA, are subject to the following and are not otherwise a permitted or special use:
a.
Retailer establishments and provisioning centers are permitted as a special use only as follows and not any other location:
1.
In properties zoned C-1, which are located in the City south of the Black River, a total of three retailer establishments or provisioning centers are permitted as a special use. For purposes of this section, a retailer establishment and provisioning center which are separately licensed but co-located and operating out of the same location are counted as one when calculating the permissible amount.
[2-22-2021 by Ord. No. 21-002]
2.
In properties zoned C-1, which are located in the City north of the Black River, a total of two retailer establishments or provisioning centers are permitted as a special use. For purposes of this section, a retailer establishment and provisioning center which are separately licensed but co-located and operating out of the same location are counted as one when calculating the permissible amount.
3.
In properties zoned as Central Business District, a total of two retailer establishments or provisioning centers are permitted as a special use. For purposes of this section, a retailer establishment and provisioning center which are separately licensed but co-located and operating out of the same location are counted as one when calculating the permissible amount.
b.
All retailer establishment and provisioning center activities must be conducted within an enclosed building.
d.
The licensed premises for a retailer establishment shall not exceed 5,000 square feet of retail usable floor space used or capable of being used to display merchandise and/or for a customer service area.
e.
The licensed premises for a provisioning center shall not exceed 5,000 square feet of retail usable floor space used or capable of being used to display merchandise and/or for a customer service area.
f.
The licensed premises for a retailer establishment and provisioning center which are co-located at the same location shall not exceed a total of 5,000 square feet of retail usable floor space used or capable of being used to display merchandise and/or for a customer service area.
(7)
Grower establishments. Grower establishments are licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments or facilities. The three grower license types are Class A (authorized to grow up to 100 plants); Class B (authorized to grow up to 500 plants); and Class C (authorized to grow up to 2,000 plants). An excess grower holds five (5) Class C adult-use marihuana grower and at least two Class C medical marihuana grower licenses.
a.
Class A grower establishments are permitted as a special use only in the M1 and M2 zones.
b.
Class B and C grower establishments are permitted as a special use only in the M2 zone.
c.
Excess grower establishments are permitted as a special use only in the M2 zone.
d.
All grower operations of grower establishments must take place within an enclosed building.
(8)
Grower facilities. Grower facilities are licensed to cultivate, dry, trim or cure and package marihuana for sale to a processor or provisioning center. The three (3) grower license types are Class A (authorized to grow up to 500 plants); Class B (authorized to grow up to 1,000 plants); and Class C (authorized to grow up to 1,500 plants).
(9)
Designated consumption establishment. A designated consumption establishment is a space that is licensed for the consumption of marihuana products by persons 21 and older. Designated consumption establishments are permitted as a special use only in the C1 zone.
(10)
Co-located marihuana facilities and/or establishments. Notwithstanding anything to the contrary in this section, marihuana processor establishments and/or facilities, marihuana grower establishments and/or facilities, marihuana retailers, marihuana provisioning centers, and/or designated consumption establishments are permitted as a special use in the M1 and/or M2 zoning districts if such facilities and/or establishments are co-located operating at the same address or parcel as another marihuana business within the M1 or M2 district; provided, a marihuana retailer may not be located at the same address as another marihuana retailer and a marihuana provisioning center may not be located at the same address as another marihuana provisioning center.
[2-22-2021 by Ord. No. 21-002]
§ 52-705 Repealer.
§ 52-706 Severability.
[9-28-2020 by Ord. No. 20-003; 10-26-2020 by Ord. No. 20-007]
If any section, subsection, sentence, clause, phrase or portion of this ordinance[1] if for any reason held invalid or unconstitutional by any court or competent jurisdiction, said portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance.