(a) The provisions of this chapter will be held to be the minimum requirements and apply uniformly to each kind or class of structure or land.
(b) Where the conditions imposed by any provision of this chapter upon the use of structures or land are either more or less restrictive than comparable conditions imposed by the provisions of any other lawful ordinance or of any law, resolution, rule, or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) will govern.
(c) This chapter is not intended to abrogate any easement, covenant, or other private agreement, provided that where the provisions of this chapter are more restrictive (or impose higher standards or requirements) than such easements, covenants, or other private agreements, of this chapter will govern.
(Ord. 52. Passed 6-16-97.)
1284.02 APPLICABILITY.
(a) All structures erected hereafter, all uses of land or structures established hereafter, all structural alterations or relocations of existing structures occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter, will be subject to all of the provisions of this Zoning Code which are applicable to the zoning districts in which such structures, uses, or land will be located.
(b) Nothing contained in this chapter will be deemed to be a consent, license, or permit to use any property or to locate, construct, or maintain any structure or facility or to conduct any trade, industry, occupation, or activity.
(Ord. 52. Passed 6-16-97.)
1284.03 ACCESS TO A STREET.
All lots created after the effective date of this Zoning Code shall have frontages on a public street for a distance equal to the minimum lot width requirement of the district in which they are located. For a lot abutting the turnaround area of a dead-end street, the frontage on a street shall be a minimum of fifty feet, provided that the lot width at the building setback will meet the lot width requirements of the district in which it is located. The front of the principal structure must face the street.
(Ord. 52. Passed 6-16-97.)
1284.04 ACCESSORY BUILDINGS OR STRUCTURES.
(a) In any zoning district, not more than two accessory buildings or structures may be erected.
(b) Detached accessory buildings or structures shall meet the required setbacks of the district in which they are located. In no case may accessory buildings or structures be located closer than five feet to the rear or side lot line. Accessory structures shall not be located in any front yard.
(c) The distance between a detached accessory building or structure and any principal building shall not be less than ten feet. Accessory buildings and structures will be considered attached to a principal building when the distance between the two buildings is solidly covered by a breezeway, portico, covered colonnade, or similar architectural devices.
(d) Accessory buildings and structures in residential and commercial districts shall not exceed fourteen feet in height. The maximum height may be increased to sixteen feet if one additional foot of setback is provided for each foot greater than fourteen feet.
(e) No accessory building or structure shall include residential living quarters.
(f) Accessory buildings having a floor area less than 100 square feet need not meet the minimum setback requirements.
(Ord. 52. Passed 6-16-97.)
1284.05 ANNEXATIONS.
All land, property, or territory hereafter to be annexed to the City of Reed City will be considered to be in an R-1 District until otherwise classified.
(Ord. 52. Passed 6-16-97.)
1284.06 BASEMENT DWELLINGS.
The use of any basement as a dwelling unit is prohibited in all districts.
(Ord. 52. Passed 6-16-97.)
1284.07 CORNER CLEARANCE.
On any corner lot in all zoning districts (except C-1), nothing will be erected, placed, planted, or allowed to materially impede vision between a height of two and one-half feet and eight feet above the established curb grade within a triangle formed by the two street right-of-way lines and a line connecting them at points twenty-five feet from the intersection of the right-of-way lines.
(Ord. 52. Passed 6-16-97.)
1284.08 DOUBLE-FRONTAGE LOTS.
On double-frontage lots, a front yard as prescribed for the district as herein established shall be provided on both streets.
(Ord. 52. Passed 6-16-97.)
1284.09 DWELLING SIZE.
The square footage of a dwelling will be measured in the conventional manner using the outside dimensions of the structure minus stairwells and not including attached garages or storage areas.
(Ord. 52. Passed 6-16-97.)
1284.10 DWELLING UNITS.
All dwelling units will comply with the following conditions:
(a) All dwelling units shall meet the dimensional requirements of the district in which they are located.
(b) There shall be a minimum width of twenty-four feet throughout seventy-five percent of the entire width and length of the dwelling unit.
(c) All wheels, towing mechanisms, and tongues of mobile homes shall be removed. None of the undercarriage shall be visible from outside the mobile home.
(d) Exterior building materials of all dwelling units shall extend to the foundation on all sides.
(e) All dwellings shall be firmly attached to the foundation to be watertight, as required by the construction code adopted by the City. If the dwelling is a mobile home, it shall be anchored to the foundation by an anchor system designed and constructed to meet the United States Department of Housing and Urban Development's regulations entitled "Mobile Home Construction and Safety Standards."
(f) All additions to dwellings shall meet all of the requirements of this Zoning Code.
(g) All mobile homes must meet standards for mobile home construction as contained in the United States Department of Housing and Urban Development's regulations entitled "Mobile Home Construction and Safety Standards," effective June 15, 1976, as amended. All other dwellings shall meet the requirements of the construction code adopted by the City.
(Ord. 52. Passed 6-16-97.)
1284.11 ESSENTIAL GOVERNMENT SERVICES.
The erection, construction, alteration, or maintenance of essential services by governmental units, boards, or commissions is permitted in any zoning district. Building and structures must meet the setback requirement of the district in which they are located.
(Ord. 52. Passed 6-16-97.)
1284.12 HOME OCCUPATION REQUIREMENTS.
All home occupations shall meet all of the following conditions:
(a) The home occupation must be operated within the principal dwelling or accessory building located upon the premises.
(b) The home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants.
(c) There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation.
(d) No radios, televisions, computers, or other equipment or process that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises shall be used in such home occupation.
(e) The total area of such use must not exceed fifty percent of the total gross floor space of the principal structure.
(f) The business will not create traffic more than that which is normal and customary for a residential use.
(g) No display of goods is visible from any public way.
(h) No persons shall be employed other than dwelling occupants.
(i) The occupation shall not involve or require interior or exterior alterations or the use of mechanical equipment except that customarily found or utilized for residential or office purposes.
(j) One unlighted wall sign is permitted providing it does not exceed two square feet.
(k) The use may not involve the retail sale of goods.
(Ord. 52. Passed 6-16-97.)
1284.13 INOPERABLE OR UNREGISTERED VEHICLES.
The storage of inoperable or unregistered motor vehicles is prohibited unless confined within an enclosed structure. (Ord. 52. Passed 6-16-97.)
1284.14 LOT REQUIREMENTS.
No existing lot shall be reduced in dimension or area below the minimum requirements set forth herein. Lots created after the effective date of this Zoning Code shall meet at least the minimum requirements of this Zoning Code.
(Ord. 52. Passed 6-16-97.)
1284.15 PRINCIPAL USE OR STRUCTURE ON A LOT.
In all districts, only one principal use or structure will be permitted on a lot. The front of the principal structure must face the street.
(Ord. 52. Passed 6-16-97.)
1284.16 PUBLIC SEWER AND WATER.
All proposed developments must be served by available public water supply and/or sewage disposal facilities.
(Ord. 52. Passed 6-16-97.)
1284.17 PUBLIC UTILITY FACILITIES.
Public utility facilities are permitted within the right-of-way in all zoning districts. Public utility facilities outside of the right-of-way will require a special land use permit.
(Ord. 52. Passed 6-16-97.)
1284.18 REQUIRED SETBACKS.
(a) No part of a required setback area shall be used for any purpose other than off-street parking or loading space, walls and fences, landscaped areas, and screening similarly required for a principal structure or use.
(b) In case of a lot having a side yard along any zoning district boundary line, on the other side of which is a more restrictive district, said side setbacks shall not be less than that required for the more restrictive district.
(c) No part of any required setback area or front yard shall be occupied by any accessory use or structure or for the storage of motor vehicles.
(Ord. 52. Passed 6-16-97.)
1284.19 SATELLITE DISHES.
(a) No part of a satellite dish shall be used for any purpose other than reception of communication signals. It may not be used as a sign, communications tower, or any other use.
(b) Satellite dishes shall not be mounted more than three feet above the highest point of the roof and may not exceed the height limitations of the district in which they are located even if mounted on a communications tower.
(c) No part of any satellite dish may be located within a front yard or any required setback area.
(Ord. 52. Passed 6-16-97.)
1284.20 SWIMMING POOLS.
Swimming pools may be installed in any district as an accessory use to any principal permitted use if the following conditions are met:
(a) There shall be erected a good quality fence not less than four feet in height, with posts embedded in concrete at intervals of not more than eight feet. The fence must enclose the entire portion of the premise upon which such pools are installed or entirely surrounding an area in which such pool is located.
(b) Pools may be installed only in the side and rear yards of lots in Residential Districts.
(c) Pools shall not be erected closer than ten feet from the rear and side property lines of the lot.
(d) Pools may be installed in the front or the rear yard of lots occupied by motels or hotels. (Ord. 52. Passed 6-16-97.)
1284.21 TEMPORARY STRUCTURES INCIDENTAL TO CONSTRUCTION WORK.
Temporary accessory structures for uses incidental to construction work may be authorized by permit from the Zoning Administrator after issuance of a building permit for the proposed structure. The temporary permit will specify the location of the temporary accessory structure and will expire twelve months after the date of its issuance. The Zoning Administrator may renew the permit for an additional period not to exceed twelve months if construction of the principal structure has been reasonably progressing. Construction trailers may not be used for sleeping quarters. (Ord. 52. Passed 6-16-97.)
1284.22 PARKING OF VEHICLES OVER ONE-TON CAPACITY.
Recreational vehicles, boats, trailers, and trucks over one ton capacity may not be parked or stored in the front yard. (Ord. 52. Passed 6-16-97.)
1284.23 WATERFRONT LOTS.
In any district, on any lot or parcel which is adjacent to or bounds a river, stream, lake, pond, or any other similar body of water, no structure or pavement shall be constructed, placed, or altered within fifty feet of the ordinary high water mark. This minimum distance applies to all uses and for all yards, front, rear, or side, despite other yard minimums which may be stated in other sections of this Zoning Code. (Ord. 52. Passed 6-16-97.)
1284.24 FENCES.
No property owner shall fail to maintain a fence in proper repair or in a safe condition. Whoever violates this section shall be subject to the provisions of Section 1242.99(c).(Ord. 52. Passed 6-16-97.)
1284.25 PROHIBITION OF MARIJUANA ESTABLISHMENTS.
(a) Marihuana establishments, as authorized by and defined in the Michigan Regulation and Taxation of Marihuana Act (the "Act"), are prohibited in all zoning districts.
(b) No use that constitutes or purports to be a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter or any other type of marihuana related business authorized by the Act, that was engaged in prior to the enactment of this Section, shall be deemed to have been a legally established use under the provisions of the City of Reed City Code of Ordinances; that use shall not be entitled to claim legal nonconforming status.
(c) Violations of this Section are subject to the violations and penalties pursuant to Section 1242.99 of Chapter 1242 and may be abated as nuisances pursuant to Chapter 652.
(Ord. 002-2019. Passed 3-18-19.)
Reed City City Zoning Code
CHAPTER 1284
Provisions Applicable to All Districts
1284.01 SCOPE OF CHAPTER.
(a) The provisions of this chapter will be held to be the minimum requirements and apply uniformly to each kind or class of structure or land.
(b) Where the conditions imposed by any provision of this chapter upon the use of structures or land are either more or less restrictive than comparable conditions imposed by the provisions of any other lawful ordinance or of any law, resolution, rule, or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) will govern.
(c) This chapter is not intended to abrogate any easement, covenant, or other private agreement, provided that where the provisions of this chapter are more restrictive (or impose higher standards or requirements) than such easements, covenants, or other private agreements, of this chapter will govern.
(Ord. 52. Passed 6-16-97.)
1284.02 APPLICABILITY.
(a) All structures erected hereafter, all uses of land or structures established hereafter, all structural alterations or relocations of existing structures occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter, will be subject to all of the provisions of this Zoning Code which are applicable to the zoning districts in which such structures, uses, or land will be located.
(b) Nothing contained in this chapter will be deemed to be a consent, license, or permit to use any property or to locate, construct, or maintain any structure or facility or to conduct any trade, industry, occupation, or activity.
(Ord. 52. Passed 6-16-97.)
1284.03 ACCESS TO A STREET.
All lots created after the effective date of this Zoning Code shall have frontages on a public street for a distance equal to the minimum lot width requirement of the district in which they are located. For a lot abutting the turnaround area of a dead-end street, the frontage on a street shall be a minimum of fifty feet, provided that the lot width at the building setback will meet the lot width requirements of the district in which it is located. The front of the principal structure must face the street.
(Ord. 52. Passed 6-16-97.)
1284.04 ACCESSORY BUILDINGS OR STRUCTURES.
(a) In any zoning district, not more than two accessory buildings or structures may be erected.
(b) Detached accessory buildings or structures shall meet the required setbacks of the district in which they are located. In no case may accessory buildings or structures be located closer than five feet to the rear or side lot line. Accessory structures shall not be located in any front yard.
(c) The distance between a detached accessory building or structure and any principal building shall not be less than ten feet. Accessory buildings and structures will be considered attached to a principal building when the distance between the two buildings is solidly covered by a breezeway, portico, covered colonnade, or similar architectural devices.
(d) Accessory buildings and structures in residential and commercial districts shall not exceed fourteen feet in height. The maximum height may be increased to sixteen feet if one additional foot of setback is provided for each foot greater than fourteen feet.
(e) No accessory building or structure shall include residential living quarters.
(f) Accessory buildings having a floor area less than 100 square feet need not meet the minimum setback requirements.
(Ord. 52. Passed 6-16-97.)
1284.05 ANNEXATIONS.
All land, property, or territory hereafter to be annexed to the City of Reed City will be considered to be in an R-1 District until otherwise classified.
(Ord. 52. Passed 6-16-97.)
1284.06 BASEMENT DWELLINGS.
The use of any basement as a dwelling unit is prohibited in all districts.
(Ord. 52. Passed 6-16-97.)
1284.07 CORNER CLEARANCE.
On any corner lot in all zoning districts (except C-1), nothing will be erected, placed, planted, or allowed to materially impede vision between a height of two and one-half feet and eight feet above the established curb grade within a triangle formed by the two street right-of-way lines and a line connecting them at points twenty-five feet from the intersection of the right-of-way lines.
(Ord. 52. Passed 6-16-97.)
1284.08 DOUBLE-FRONTAGE LOTS.
On double-frontage lots, a front yard as prescribed for the district as herein established shall be provided on both streets.
(Ord. 52. Passed 6-16-97.)
1284.09 DWELLING SIZE.
The square footage of a dwelling will be measured in the conventional manner using the outside dimensions of the structure minus stairwells and not including attached garages or storage areas.
(Ord. 52. Passed 6-16-97.)
1284.10 DWELLING UNITS.
All dwelling units will comply with the following conditions:
(a) All dwelling units shall meet the dimensional requirements of the district in which they are located.
(b) There shall be a minimum width of twenty-four feet throughout seventy-five percent of the entire width and length of the dwelling unit.
(c) All wheels, towing mechanisms, and tongues of mobile homes shall be removed. None of the undercarriage shall be visible from outside the mobile home.
(d) Exterior building materials of all dwelling units shall extend to the foundation on all sides.
(e) All dwellings shall be firmly attached to the foundation to be watertight, as required by the construction code adopted by the City. If the dwelling is a mobile home, it shall be anchored to the foundation by an anchor system designed and constructed to meet the United States Department of Housing and Urban Development's regulations entitled "Mobile Home Construction and Safety Standards."
(f) All additions to dwellings shall meet all of the requirements of this Zoning Code.
(g) All mobile homes must meet standards for mobile home construction as contained in the United States Department of Housing and Urban Development's regulations entitled "Mobile Home Construction and Safety Standards," effective June 15, 1976, as amended. All other dwellings shall meet the requirements of the construction code adopted by the City.
(Ord. 52. Passed 6-16-97.)
1284.11 ESSENTIAL GOVERNMENT SERVICES.
The erection, construction, alteration, or maintenance of essential services by governmental units, boards, or commissions is permitted in any zoning district. Building and structures must meet the setback requirement of the district in which they are located.
(Ord. 52. Passed 6-16-97.)
1284.12 HOME OCCUPATION REQUIREMENTS.
All home occupations shall meet all of the following conditions:
(a) The home occupation must be operated within the principal dwelling or accessory building located upon the premises.
(b) The home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants.
(c) There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation.
(d) No radios, televisions, computers, or other equipment or process that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises shall be used in such home occupation.
(e) The total area of such use must not exceed fifty percent of the total gross floor space of the principal structure.
(f) The business will not create traffic more than that which is normal and customary for a residential use.
(g) No display of goods is visible from any public way.
(h) No persons shall be employed other than dwelling occupants.
(i) The occupation shall not involve or require interior or exterior alterations or the use of mechanical equipment except that customarily found or utilized for residential or office purposes.
(j) One unlighted wall sign is permitted providing it does not exceed two square feet.
(k) The use may not involve the retail sale of goods.
(Ord. 52. Passed 6-16-97.)
1284.13 INOPERABLE OR UNREGISTERED VEHICLES.
The storage of inoperable or unregistered motor vehicles is prohibited unless confined within an enclosed structure. (Ord. 52. Passed 6-16-97.)
1284.14 LOT REQUIREMENTS.
No existing lot shall be reduced in dimension or area below the minimum requirements set forth herein. Lots created after the effective date of this Zoning Code shall meet at least the minimum requirements of this Zoning Code.
(Ord. 52. Passed 6-16-97.)
1284.15 PRINCIPAL USE OR STRUCTURE ON A LOT.
In all districts, only one principal use or structure will be permitted on a lot. The front of the principal structure must face the street.
(Ord. 52. Passed 6-16-97.)
1284.16 PUBLIC SEWER AND WATER.
All proposed developments must be served by available public water supply and/or sewage disposal facilities.
(Ord. 52. Passed 6-16-97.)
1284.17 PUBLIC UTILITY FACILITIES.
Public utility facilities are permitted within the right-of-way in all zoning districts. Public utility facilities outside of the right-of-way will require a special land use permit.
(Ord. 52. Passed 6-16-97.)
1284.18 REQUIRED SETBACKS.
(a) No part of a required setback area shall be used for any purpose other than off-street parking or loading space, walls and fences, landscaped areas, and screening similarly required for a principal structure or use.
(b) In case of a lot having a side yard along any zoning district boundary line, on the other side of which is a more restrictive district, said side setbacks shall not be less than that required for the more restrictive district.
(c) No part of any required setback area or front yard shall be occupied by any accessory use or structure or for the storage of motor vehicles.
(Ord. 52. Passed 6-16-97.)
1284.19 SATELLITE DISHES.
(a) No part of a satellite dish shall be used for any purpose other than reception of communication signals. It may not be used as a sign, communications tower, or any other use.
(b) Satellite dishes shall not be mounted more than three feet above the highest point of the roof and may not exceed the height limitations of the district in which they are located even if mounted on a communications tower.
(c) No part of any satellite dish may be located within a front yard or any required setback area.
(Ord. 52. Passed 6-16-97.)
1284.20 SWIMMING POOLS.
Swimming pools may be installed in any district as an accessory use to any principal permitted use if the following conditions are met:
(a) There shall be erected a good quality fence not less than four feet in height, with posts embedded in concrete at intervals of not more than eight feet. The fence must enclose the entire portion of the premise upon which such pools are installed or entirely surrounding an area in which such pool is located.
(b) Pools may be installed only in the side and rear yards of lots in Residential Districts.
(c) Pools shall not be erected closer than ten feet from the rear and side property lines of the lot.
(d) Pools may be installed in the front or the rear yard of lots occupied by motels or hotels. (Ord. 52. Passed 6-16-97.)
1284.21 TEMPORARY STRUCTURES INCIDENTAL TO CONSTRUCTION WORK.
Temporary accessory structures for uses incidental to construction work may be authorized by permit from the Zoning Administrator after issuance of a building permit for the proposed structure. The temporary permit will specify the location of the temporary accessory structure and will expire twelve months after the date of its issuance. The Zoning Administrator may renew the permit for an additional period not to exceed twelve months if construction of the principal structure has been reasonably progressing. Construction trailers may not be used for sleeping quarters. (Ord. 52. Passed 6-16-97.)
1284.22 PARKING OF VEHICLES OVER ONE-TON CAPACITY.
Recreational vehicles, boats, trailers, and trucks over one ton capacity may not be parked or stored in the front yard. (Ord. 52. Passed 6-16-97.)
1284.23 WATERFRONT LOTS.
In any district, on any lot or parcel which is adjacent to or bounds a river, stream, lake, pond, or any other similar body of water, no structure or pavement shall be constructed, placed, or altered within fifty feet of the ordinary high water mark. This minimum distance applies to all uses and for all yards, front, rear, or side, despite other yard minimums which may be stated in other sections of this Zoning Code. (Ord. 52. Passed 6-16-97.)
1284.24 FENCES.
No property owner shall fail to maintain a fence in proper repair or in a safe condition. Whoever violates this section shall be subject to the provisions of Section 1242.99(c).(Ord. 52. Passed 6-16-97.)
1284.25 PROHIBITION OF MARIJUANA ESTABLISHMENTS.
(a) Marihuana establishments, as authorized by and defined in the Michigan Regulation and Taxation of Marihuana Act (the "Act"), are prohibited in all zoning districts.
(b) No use that constitutes or purports to be a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter or any other type of marihuana related business authorized by the Act, that was engaged in prior to the enactment of this Section, shall be deemed to have been a legally established use under the provisions of the City of Reed City Code of Ordinances; that use shall not be entitled to claim legal nonconforming status.
(c) Violations of this Section are subject to the violations and penalties pursuant to Section 1242.99 of Chapter 1242 and may be abated as nuisances pursuant to Chapter 652.