(a)   See the following sections regarding flexibility allowances in development within specified zoning districts:

      Section 1298.02.Subdivision open space plan

      Section 1298.03.One-family clustering option

      Section 1298.035.One-family site condominium option

   (b)   For all nonresidential uses permitted in a Residential District, all setbacks shall be at least equal to the height of the main building, or when such measurement is less than the minimum setback requirements of the district, a setback equal to two additional feet for each ten feet or part thereof by which the length of the building wall exceeds the minimum setback requirement for the yard shall be provided, whichever is greater, except that no setback shall be less than the minimum setback required in the district.

   (c)   (1)   All exterior side yards (street side, side yards) shall be provided with a setback equal to the front yard setback requirement of the district in which located, and all regulations applicable to a front yard shall apply. However, in a Residential District when two rear yards abut each other at a block end, the exterior side yard setback may be equal to the minimum interior side yard setback of the District. On corner lots within any residential zoning district, a fence not more than six feet, eight inches in height may be located within the non-addressed required front yard subject to approval of the Building Director, who shall consider adjacent driveways, sidewalks, traffic hazards, clear vison angles and topographic differences. When a nonresidential district abuts a Residential District, the exterior side yard setback in the nonresidential district shall be equal to one-half the corresponding yard set-back requirement of the abutting Residential District.

      (2)   In addition to the specified side yards, no residential structure shall be located closer than fifteen feet to another residential structure, except that said distance may be reduced to thirteen feet for residential structures with an attached garage, provided that said garage is attached to that side of the structure wherein the 13-foot standard is utilized.

   (d)   (1)   In the RM Multiple-Family District, the total number of rooms (not including kitchen, dining and sanitary facilities) shall not be more than the area of the parcel, in square feet, divided by 1,550 for conventional multiple dwelling units and 450 for senior citizen dwelling units, and all public utilities must be available. All units shall have at least one living room and one bedroom, except that not more than ten percent of the units may be of an efficiency apartment type.

      (2)   For the purpose of computing the permitted number of dwelling units per acre in the RM District, the following room assignments and minimum floor area requirements, by dwelling unit type, shall apply:

*Minimum floor area required for senior (elderly) housing unit.

      (3)   For each additional bedroom over three an additional eighty square feet of floor area shall be provided.

      (4)   Plans depicting one, two or three-bedroom units and including a den, library or other extra room shall count such extra room as a bedroom for the purpose of computing density.

         The area used for computing density shall be the total site area less any dedicated interior or exterior public road right of way.

   (e)   In the RM District, each structure in the dwelling group shall front either on a dedicated public street or approved private drive. An approved private drive is defined as a nondedicated hard-surfaced drive or road.

      In the RM District, the maximum overall horizontal length of any one building or group of buildings attached together over any portion of a common party wall, or other architectural feature which attaches buildings together, shall not exceed 180 feet, measured through the centerline of the building.

      Within any required front, side or rear yard setback from any property line in an RM District, not more than thirty percent of any such peripheral yard area shall be used for off-street parking, maneuvering lanes, service drives, loading areas or combinations thereof.

      It is further required that off-street parking or related drives shall not be located closer than twenty-five feet to any wall of a dwelling structure which contains openings involving living areas, nor closer than eight feet to any such wall that does not contain openings. No off-street parking, maneuvering lanes, service drives or loading areas shall be located closer than twenty feet from any public street right-of-way line and eight feet from any other property line.

      In the RM District, the minimum distance between any two buildings shall be regulated according to the length and height of such buildings, and in no instance shall this distance be less than thirty feet. However, if there is a corner-to-corner relationship between such buildings, the minimum distance between the two buildings shall be fifteen feet regardless of any architectural feature that may connect the buildings. The formula regulating the required minimum distance between two buildings in the RM District is as follows:

                     L + L + 2(H + H)

                  S =   A B A B, where

                        6

   S = Required minimum horizontal distance between any wall of building A and any wall of building B or the vertical prolongation of either.

   L A   =   Total length of building A.

      The total length of building A is the length of that portion or portions of a wall or walls of building A from which, when viewed directly from above, lines drawn perpendicular to building A will intersect any wall of building B.

   L B   =   Total length of building B.

      The total length of building B is the length of that portion or portions of a wall or walls of building B from which, when viewed directly from above, lines drawn perpendicular to building B will intersect any wall of building A.

   H A   =   Height of building A.

      The height of building A at any given level is the height above the natural grade level of any portion or portions of a wall or walls along the length of building A. Natural grade level shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building.

   H B   =   Height of building B.

      The height of building B at any given level is the height above the natural grade level of any portion or portions of a wall or walls along the length of building B. Natural grade level shall be the mean level of the ground immediately adjoining the portion or portions of the wall or walls along the total length of the building.

   (f)   Except where otherwise provided in this Zoning Code, the minimum lot area and width and the maximum percent of lot coverage shall be determined on the basis of off-street parking and loading, greenbelt screening, yard setback or usable open space requirements as set forth in this Zoning Code.

   (g)   Off-street parking shall be permitted in the front yard of the RO, C-1, C-2 and C-3 Districts to a point not less than ten feet from the front property line.

      No off-street parking shall be permitted in the front yard of an M-1 District, except that up to five parking spaces exclusively marked for visitor parking and required handicapped parking spaces may be located in the front yard, provided that no such parking shall extend into the required front yard setback of the District.

   (h)   Off-street parking shall be permitted in any side or rear yard, except that exterior side yards shall be subject to the front yard set-back requirements of the district and all regulations applicable to a front yard shall apply.

   (I)   No interior side yard setback shall be required when a building wall has no openings. If openings are provided in an interior building side wall, a minimum setback of ten feet shall be provided.

   (j)   Where the rear of a parcel abuts an improved public alley, the right-of-way width of the alley may serve as the rear yard setback, and except as otherwise set forth herein, no rear yard shall be less than that required in the district. In the Industrial Districts, any wall of an industrial building facing a corresponding Residential District shall be set back from the corresponding Residential District a distance equal to three feet of horizontal distance for each foot of wall height.

(Ord. 458. Passed 1-4-89; Ord. 465. Passed 5-24-89; Ord. 478. Passed 7-5-90; Ord. 507. Passed 11-6-91; Ord. 606. Passed 3-5-97; Ord. 664. Passed 7-8-98; Ord. 23-1038. Passed 10-4-23.)

   (a)   The intent of the subdivision open space plan is to promote the following objectives:

      (1)   To provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, hills and similar natural assets;

      (2).   To encourage developers to use a more creative approach in the development of residential areas;

      (3)   To encourage a more efficient, aesthetic and desirable use of open areas while recognizing a reduction in development costs and allowing the developer to bypass or preserve natural amenities or obstacles on the site; and

      (4)   To encourage the provision of open space within a reasonable distance of all lot development of the subdivision and to further encourage the development of recreational facilities.

   (b)   Modifications to the standards outlined in Section 1298.01 for R-1 One-Family Residential Districts may be made by the Planning Commission, after a public hearing held as set forth in Section 1262.07, when the following conditions are met:

      (1)   The area and width of lots in the R-1 District may be reduced as follows:

            Minimum Lot      Minimum Lot

            Zoning District   Area (sq. ft.)   Width (ft.)

            R-1         8,400      70

      Such lot area and lot width reductions are permitted, provided the dwelling unit density is not greater than 4.3 dwellings per acre.

      The area used for computing density shall be the net site area, excluding any dedicated interior public right of way and excluding rights of way of boundary roads.

      (2)   Rear yards may be reduced by ten feet when such lots border on land dedicated for private parks, recreation or usable open space area, provided the width of the reserved land is not less than seventy-five feet, measured from the rear lot line of any given lot to the nearest lot line of any opposing lot.

      (3)   Under paragraph (b)(1) hereof, for each square foot of land gained within a residential subdivision through the reduction of lot size below the minimum requirements outlined in Section 1298.01 for the R-1 District, at least equal amounts of land shall be reserved for the common use of the lot owners of the subdivision and maintained by them in a manner approved by the City.

      (4)   The area to be reserved for subdivision open space and recreation purposes shall, in no instance, be less than fifteen percent of the net area of the site, provided a parcel divided by a road or stream may be considered as one parcel. Further, each such area of land dedicated for common use shall:

         A.   Not include any area used for street purposes;

         B.   Be designed and laid out in such a manner that it shall directly border a majority of the lots within the subdivision;

         C.   Be provided with a significant means of access by streets or pedestrian accessways to all areas reserved for the common use of the land for those lots in the subdivision that do not directly border the common areas;

         D.   Be designed and laid out in such a manner that at least one portion of the total common area shall be capable of being used for active recreational purposes;

         E.   Contain no active recreational areas at or along the outer perimeters of the subdivision, except that such areas may extend to the outer perimeter of the subdivision when the area can be connected to like active recreation areas in adjacent subdivisions. Open space areas, other than those intended for active recreational use, may extend to or along the outer perimeter of the subdivision.

         F.   Not include bodies of water and subaqueous areas unsuitable for recreational purposes as part of the land area necessary to meet the minimum requirements of this subsection when such land comprises more than twenty-five percent of the total common area, except that lakes or ponds, when landscaped and maintained as an integral part of a larger common area within the development, may be included in usable open space computations; and

         G.   Be designed and laid out in such a manner that all land reserved for common use shall maintain its natural drainage. The entire common area may, however, be located in a floodplain.

   (c)   The reasonableness of the subdivision open space plan option on any given parcel of land shall be subject to review and approval of the Planning Commission and Council as to lot layout, street configuration and the location, size and overall layout of the open space areas. Review of a conceptual development plan shall first be made by the Commission for recommendation to Council. Approval of the conceptual development plan by Council shall authorize the applicant to proceed with the preparation of the preliminary plan based on the general layout of the approved conceptual development plan.

   (d)   The Planning Commission and Council, in carrying out its review of the common areas of the plan, shall find:

      (1)   The location, size and overall shape of the proposed common areas are suitable for the purposes for which they are intended.

      (2)   Those portions of the total common land area intended for active recreational purposes are of adequate size and shape to permit active recreational use and are generally unencumbered by extensive tree cover, shrub masses, changes in topography, poor soil conditions or other conditions that would make use of the area undesirable for the activity intended.

      (3)   Whenever possible, the overall area of the common land flows throughout the subdivision in such a manner that it will directly serve the maximum number of lots possible.

      (4)   The overall area of common land, wherever possible, varies in width so as to take advantage of the natural amenities of the site, such as ground cover, streams, gullies, ground swales, etc., and so as to effectuate a more pleasing appearance.

      (5)   Wherever a variance of the widths of the common area is proposed, there shall be achieved, as closely as possible, a general balance between the narrower common land and the broader common land.

      (6)   The location, size and shape of proposed access points, open spaces, recreational areas and proposed accessory structures are clearly shown on the plan and identified, and these areas and structures, along with general use patterns and pedestrian circulation, relate well with the lots within the subdivision.

   (e)   Under the subdivision open space plan, the developer shall reserve the total park area in accordance with paragraph (b)(3) hereof at the time of filing of the final plat as required in the Subdivision Regulations.

   (f)   Upon acceptance and tentative preliminary plat approval of the plat, Council shall instruct the applicant to have prepared, for review and approval by the City's legal counsel, a contract setting forth the manner of the dedication and title of the open land or common area, the manner of ownership, the restrictive covenants required for membership rights and privileges, the manner of maintenance and the obligation to pay assessments for the same and provision for the City to effect use and maintenance as proposed and assess the cost thereof to the lot owners if necessary.

   (g)   Provisions for bonded or funded securities for the assurance of the installation of required improvements, utilities and facilities shall be in compliance with City requirements.

(Ord. 458. Passed 1-4-89.)

   The intent of this section is to permit, through design innovation, flexibility in the development of one-family residential housing patterns on sites where the conventional subdivision approach to residential development would either destroy the unique environmental significance of the site or is impractical for conventional subdivision approach, or where a transitional type of residential development is desirable. To accomplish this, the following modifications to the one-family residential standards of this Zoning Code may be permitted, subject to the conditions herein imposed:

   (a)   In the One-Family Residential Districts, the clustering of one-family dwellings may be permitted. In approving areas for one-family residential cluster development under this section, the Planning Commission shall find that at least one of the following characteristics exists on the land:

      (1)   An area generally parallel to, and generally not in excess of 360 feet in depth, on those unsubdivided parcels of land abutting a major thoroughfare or freeway of at least 120 feet of right-of-way width or greater so as to provide a transition between such major thoroughfare and conventional one-family detached housing areas; or

      (2)   An unsubdivided area which the Planning Commission finds:

         A.   To be of unusual shape;

         B.   To be composed of generally unbuildable soils over a majority of the total site area;

         C.   To be characterized by major stands of trees, streams or other natural or man-made watercourses which extend over the greater part of the site and which, as significant natural assets, should be preserved; or

   (b)   The area to be set aside as open space shall represent at least twenty percent of the total area of the site. Open space may contain accessory structure and improvements appropriate for recreational purposes, such as recreational trails, picnic areas, children's play areas, greenways, or lineal parks.

      (1)   Open space should be designed and located to:

         A.   Be contiguous to all or most of the dwelling units on site;

         B.   Be between the cluster housing development and any adjacent conventional single-family development;

         C.   Provide links to other permanent public open space when applicable; and,

         D.   Preserve all sensitive environmental features and natural areas of significant value.

      (2)   Open space shall not include:

         A.   The area of any street right-of-way;

         B.   Easements for utilities;

         C.   The required setbacks between residential structures;

         D.   Any parking areas; or,

         E.   Detention and/or retention basins.

   (c)   (Repealed)

   (d)   Under this section, the attaching of one-family homes in clusters, or the detaching of one-family homes in clusters, shall be permitted subject to the following conditions:

      (1)   The attaching of one-family homes within a cluster shall be permitted when such homes are attached either through a common party wall or garage wall, which wall does not have over fifty percent of an individual wall or more than twenty-five percent of the total exterior walls of the living area of a one-family home in common with the wall or walls of the living area of an adjoining home, or by means of an architectural detail which does not form interior room space, or through a common party wall in only the garage portion of adjacent structures.

      (2)   The detaching of one-family homes within clusters shall be permitted, provided such homes are spaced not less than six feet apart when opposing dwelling unit walls contain no openings, and not less than ten feet apart when opposing dwelling unit walls contain openings. The distance between opposing garage walls within a cluster shall meet local fire codes, except that in no case shall such walls be less than six feet apart.

      (3).   The maximum number of homes in a cluster may be subject to review by the Planning Commission, but in no case shall a cluster contain less than two homes or more than four homes.

      (4)   No structure within a cluster shall be located closer than thirty-five feet to any interior private street or drive, public right of way or, in the case of site planned development, peripheral property line.

         Clusters of one-family homes shall be arranged on the site so that none shall face directly into a major thoroughfare, nonresidential district or nonresidential use. All cluster housing units shall include at least one attached enclosed garage with door for each dwelling unit. The Planning Commission may modify this garage attachment requirement, provided that detached enclosed garages are provided in groups that will not exceed the number of dwellings in the cluster the garages are intended to serve, and provided, further, that such garages are located within thirty-five feet of the housing cluster they are intended to serve.

   (e)   Each cluster of attached or detached one-family homes shall be separated from any other cluster of one-family homes by a minimum distance of twenty-five feet. However, the Planning Commission may modify the strict application of the distance in those instances where it is found that a natural amenity would be destroyed, or that topographical or soil conditions or the physical constraints of the site limit a practical dimensional separation of clusters.

   (f)   An applicant seeking use of the one-family cluster option shall submit a site plan to the Planning Commission for consideration. Such site plan shall include an explicit statement from the applicant detailing how the proposed site meets the criteria set forth in subsection (a)(2) hereof. The Commission, in making its review, shall find that the site possesses at least one of the requirements for qualification outlined in subsection (a)(1) hereof before approving the application. The Commission shall conduct its review in accordance with the public hearing requirements set forth in Section 1262.07.

   (g)   Site plans shall provide the following:

      (1)   The structural outline (building envelope) of all structures proposed on the site;

      (2)   Architectural renderings of building facade elevations within a typical cluster;

      (3)   The areas to be dedicated as open space and recreational use, showing access, location and improvements. Assurance of the permanence of the open space and provision for its continued maintenance shall be submitted for review and approval by the City Attorney. The City Attorney shall review and render an opinion with respect to:

         A.   The proposed manner of holding title to the open space;

         B.   The proposed manner of payment of taxes;

         C.   The proposed method of regulating the use of open land;

         D.   The proposed method of maintenance of property and the financing thereof; and

         E.   Any other factor relating to the legal or practical problems of ownership and maintenance of the open land.

      (4)   The location of access drives, streets, off-street parking areas, sidewalks, trash receptacles, etc.; and

      (5)   The location, extent and type of landscaping in accordance with Section 1298.09.

   (h)   The applicant shall submit, as a part of his or her site plan, proposed building elevations and typical floor plans. Elevation drawings shall be drawn to scale and need only be a sample of development throughout the site. However, where more than one type of structural design is intended, sample elevation and corresponding floor plans for each type shall be submitted.

   (i)   In reviewing the site plan for application of the one-family cluster option to a particular site, the Planning Commission shall require that a landscaped undulating earth berm, at least six feet in height at its lowest elevation, be provided along the entire property line of any boundary line abutting a major thoroughfare or nonresidential district. The berm shall not be included as any part of a side or rear yard, but may be a part of an adjoining open space area. Earth berms, where employed on the site, shall be designed so as not to obscure clear vision at street intersections. The Commission may permit an optional landscape treatment that is consistent with Section 1298.09 and that will serve as an effective screening barrier when a landscape berm is not practical due to site conditions or constraints.

   (j)   Approval of a site plan under this section shall be effective for one year from the date of approval, with one-year extensions permissible. Development not started in this period shall be considered as abandoned and authorization therefor shall expire. In such case, any proposed development thereafter shall be resubmitted for review and approval by the Planning Commission. Any proposed change in a site plan after approval has been granted shall require review and approval by the Commission prior to effectuating such change.

   (k)   Approval criteria. In addition to site plan approval, the Planning Commission shall review and approve the one-family clustering option upon a positive finding that all of the following criteria have been met:

      (1)   The design shall promote the goals, objectives, and policies of the City's Comprehensive Plan.

      (2)   Open space areas shall be provided in suitable locations that offer convenient access by residents and adequate screening from nearby dwelling units. Such land must be maintained in a perpetually undeveloped state, and there should be in place an agreement or plan satisfactory to the Planning Commission which ensures proper maintenance of the open space areas.

      (3)   Natural assets, wildlife habitat areas, or sites having cultural value shall be protected.

      (4)   Individual lots, buildings, and roadways, and open space areas shall be designed to minimize their impact on environmental site features.

      (5)   Clustering of the dwelling units shall occur in a manner which preserves the basic amenities and qualities normally associated with single-family living (such as, but not limited to: privacy, personal open space, and adequate lighting and ventilation) while allowing for innovative site layout and open space areas.

(Ord. 458. Passed 1-4-89; Ord. 796. Passed 9-8-04.)

   The intent of this section is to permit the development of single-family detached dwellings by site planning the layout of individual dwellings and all streets, utilities, open spaces, etc. To accomplish development under this option, the following conditions shall apply:

   (a)   In One-Family Residential Districts, the site planning of individual single- family detached dwellings may be permitted after review by the Planning Commission of a site plan, submitted in accordance with applicable requirements of Section 1298.08 and site plan review procedural requirements. The Commission shall hold a public hearing in accordance with the guidelines set forth in Section 1262.07 for the purpose of reviewing the site plan.

   (b)   The Commission, in making its review, shall find that the following minimum standards are fully met:

      (1)   The maximum number of individual single-family dwellings per acre, throughout the entire site, shall not exceed the dwelling unit density level of the One-Family District in which the site is located.

      (2)   An area equal to the minimum land area requirement of the district shall be provided for each dwelling unit, including the building envelope.

      (3)   Setbacks shall be provided for each building envelope equal to the minimum set-back requirements of the district as follows:

         A.   Front setbacks shall be measured from the street right of way, or from an equivalent line of a private street easement, to the front of the building envelope.

         B.   Side setbacks shall be measured from building envelope to building envelope and shall be at least equal to the total minimum side yard set-back requirement of the district between two single-family detached dwellings.

         C.   Rear setbacks shall be measured from the rear line of the building envelope to the rear property line or to the nearest common space area.

      (4)   All streets shall be built to public street standards and may be dedicated to the City as public streets. All public streets shall be located within appropriate rights of way as set forth in the City's Master Plan. Private streets shall be located within an easement equal in width to a public street right of way.

      (5)   All utilities shall be installed to applicable City or County standards and shall be located within appropriate rights of way or private easements.

      (6)   The maximum number of stories and building height restrictions of the district shall be met as shall the minimum floor area requirements of the district. Any detached accessory uses shall comply with the applicable standards of this Zoning Code for such uses. Setbacks required for such uses shall be measured from the outer perimeter of the land area boundaries required in this section for each individual single-family detached dwelling.

      (7)   Single-family detached dwellings developed as site condominiums under this option may be site planned as open space developments, provided that all applicable requirements of Section 1298.02 are fully complied with.

(Ord. 465. Passed 5-24-89.)

   (a)   Purpose.

      (1)   The purpose of this Section is to provide an alternative means of development to the landowner on land which is residentially zoned that would create the same number of home sites, but cluster the homes on no more than 50 percent of the land, while leaving the unused land perpetually in an undeveloped state by means of a construction easement, plat dedication, restrictive covenant or other legal means that runs with the land as required by Section 4(f) of State Public Act 207 of 1921, as amended (the City and Village Zoning Act).

      (2)   These regulations are intended to provide flexibility in certain zoning requirements to preserve the natural features in open space that might be lost through more traditional subdivision development. Only land that is zoned at a density equivalent to 2 or fewer dwelling units per acre, or, if the land is served by a public sewer system, 3 or fewer dwelling units per acre, are eligible for application of the provisions of this Section.

   (b)   Definitions. For purposes of this Section, the following terms shall apply.

      (1)   Adjusted parcel acreage. Net parcel area after the acreage of all lakes, ponds, streams, 50 percent of regulated wetlands, property within a 100 year flood plain, public rights-of-way, and utility easements are deducted.

      (2)   Density. Equals the number of dwellings units situated on or to be developed on the adjusted acreage parcel. Density of a site shall be based upon the total dwelling unit count achieved from a concept layout plan prepared by the applicant and accepted by the City showing the subject site as a single family detached development meeting the design requirements established for the zoning district in which it is located. (Please refer to Section 1298.01, Schedule of Area Regulations.) Actual density shall also be determined by compliance with all setbacks, parking, open space and other site design requirements. The resulting development yield, determined through such computation shall be distributed throughout not more than 50 percent of the subject site's buildable area. All remaining land area shall perpetually remain in an undeveloped state pursuant to Section 1298.036(b)(3), below.

      (3)   Open Space Preservation Area. Any undeveloped land area within the boundaries of the parcel within an open space residential development, which is designed and intended to conserve on a permanent basis environmental features for the common use or enjoyment of the residence of the development or the public or dedicated to an agricultural use. Such open space may contain accessory structures and improvements appropriate for recreational purposes, as provided by ordinance, such as recreational trails, picnic areas, children's play areas, greenways or lineal parks. The following are not to be considered open space by this definition:

         A.   Golf courses;

         B.   The area of any street right-of-way proposed to be dedicated to the public;

         C.   Access easements for private roads or underground or overhead utilities;

         D.   The required setback surrounding an existing residential structure that is not located on an individual lot or condominium site;

         E.   Parking and loading areas.

   (c)   Eligibility Criteria. In selecting the open space overlay option, the applicant must present a proposal for residential development that meets each of the following:

      (1)   Open Space. To be eligible for open space overlay option, the proposed development shall contain at least 50 percent of the land area that will remain perpetually in an undeveloped state by means of a conservation easement, plat dedication, restricted covenant, or other legal means that runs with the land.

      (2)   Unified Control. The proposed development shall be under single ownership or control such that there is a single person or entity having proprietary responsibility for the full completion of the project. The applicant shall provide sufficient documentation of ownership or control in the form of agreements, contracts, covenants, and/or deed restrictions that indicate that the development will be completed in its entirety as proposed.

      (3)   Protection From Development in Perpetuity. The applicant shall guarantee to the satisfaction of the City that all open space preservation areas will remain perpetually in their undeveloped state as required. Further, subdivision open space lands or their use for other than recreation, conservation, or agricultural shall be prohibited.

      (4)   Density Impact. The proposed type and density use shall not result in an unreasonable increase in the need for or impact upon public services, facilities, roads, and utilities in relation to the use or uses otherwise permitted in this zoning ordinance, and shall not place an unreasonable impact upon the subject site and surrounding land, surrounding property owners and occupants, and/or the natural environment.

      (5)   Community Master Plan. The proposed development shall be consistent with and further the implementation of the City Master Plan. as may be amended.

   (d)   Flexibility Allowances.

      (1)   Subject to the limitations specified below, the Planning Commission may grant specific departure from their requirements of the Zoning Code for yard setback, lot area and/or width, and bulk standards as part of the approval process to encompass flexibility and creativity consistent with the open space preservation concept, provided such modification results in enhanced buffering from adjacent land uses or public rights-of-way, or further preservation of natural features.

      (2)   Regulatory modifications are subject to variance approval by the Zoning Board of Appeals. Appeals from the open space community plan are to the Zoning Board of Appeals. Any deviation of an approved plan shall first require review by the Planning Commission. This provision shall not preclude an individual lot or dwelling unit owner from seeking a variance following final approval of an open space community, provided such variance does not involve alterations to open space areas as shown on the approved open space plan.

      (3)   A plan submitted in connection with the Section shall be subject to the following limitations:

         A.   The minimum floor area for all units constructed under this option shall be at least equal to the minimum floor area requirements for the single-family residential district in which the project is to be constructed.

         B.   The maximum number of units attached shall not exceed four (4) units per building. The maximum number of buildings allowed in any one (1) cluster shall not exceed four (4) buildings.

         C.   The exterior design of the structures shall be compatible with existing single family structures located in the general area of the project in regards to architectural style, size, overall floor area and heights. Variety in the design of individual units shall be provided by the use of design details, which do not appeal to be continuous or repetitious. An exterior design pattern, which is repetitious throughout the project, shall not be permitted.

         D.   Yard requirements shall be provided under this option as follows:

            1.   Spacing between groups of attached or between unattached buildings shall be equal to at least twenty-five (25) feet in the Residential Estates District, measured between the nearest points of adjacent buildings.

            2.   Any side of a building adjacent to a dedicated public right-of-way or private street or drive shall not be nearer to such public right-of-way or private street or drive than thirty-five (35) feet.

            3.   This nature of development, when abutting a front yard of an existing recorded subdivision which is not a part of the project plan submitted under this section, shall cause all dwelling units facing such subdivision to relate through its front or entrance facade and shall treat such side of the groupings as front yards.

            4.   No building shall be located closer than thirty-five (35) feet to the outer perimeter (property line) of the site.

         E.   The maximum height of buildings under this option shall be thirty-five (35) feet.

         F.   The location of open space preservation areas shall meet the following standards to the greatest extent feasible:

            1.   The open space is provided along a public street right-of-way to provide additional buffering from the traffic and enhance views from the roadway provided the open space along such right-of-way shall generally have a depth of at least fifty (50) feet.

            2.   The open space provides an ecological link to permanent open space in the surrounding lands and is located to connect open spaces, public parks or bicycle/pedestrian paths throughout the community.

            3.   The open space is designed and located to be contiguous to all or most of the dwelling units. Open access to required open space under the provisions of this section shall be provided.

            4.   All sensitive environmental feature areas, natural features and animal and plant habitats of significant value are included in the open space preservation areas and are adequately protected.

         G.   Where the proposed development abuts an existing conventional single family use, an orderly transition shall occur, if sufficient area exists within the parcel to allow it, using one or more of the following techniques:

            1.   Detached single family dwellings subject to the schedule of regulations;

            2.   Open or recreation space;

            3.   Changes in topography which provide an effective buffer;

            4.   A major or secondary thoroughfare.

         H.   Open space areas shall represent at least 50 percent of the subject site's adjusted parcel acreage.

   (e)   Plan Review Procedures.

      (1)   Review by the Planning Commission shall follow the standards, procedures and submittal requirements adopted by the City for approval of site plans, condominiums, platted subdivisions or land divisions, as may be applicable, and the criteria of Section 1298.036(f) below.

      (2)   In submitting a proposed layout under this section, the sponsor of the development shall include, along with the project plan, master deed documents, floor plans, topography drawn at two (2) foot intervals, main floor grade elevations relative to the existing topography, all computations relative to acreage and density, and any other details which will assist in reviewing the proposed plan.

      (3)   All land not intended to be conveyed to individual dwelling unit owners under this option shall be protected by conservation easements, plat dedications, restrictive covenants, or other legal means which runs with the land and which prohibits their development in perpetuity. Such legal means must be approved by the City Attorney to assure such unused land remains perpetually in an undeveloped site. The City may require the inclusion of open space restrictions that prohibit the following:

         A.   Dumping or storing of any materials or refuse;

         B.   Activity that may cause a risk of soil erosion or threaten any living plant material;

         C.   Cutting or removal of live plant material except for removal of dying or diseased vegetation;

         D.   The use of motorized off-road vehicles;

         E.   Cutting, filling or removal of vegetation from wetland areas;

         F.   Use of pesticide, herbicides, or fertilizers within or adjacent to wetlands.

   (f)   Approval Criteria. Approval of a proposed development shall be predicated upon a positive finding that all of the following criteria have been met:

      (1)   The design shall promote the goals, objectives, and policies of the City Master Plan;

      (2)   Open space areas shall be provided in suitable locations that offer convenient access by residents and adequate screening from nearby dwelling units;

      (3)   Natural assets, wildlife habitat areas, or sites having historic archaeological or cultural value shall be protected;

      (4)   Individual lots, buildings, and roadways, and open space areas shall be designed to minimize the alteration of environmental site features;

      (5)   The design of structures shall be compatible with existing single-family structures located in the general area in terms of architectural style, size, overall floor area, building height and neighboring building orientation;

      (6)   Clustering of the dwelling units shall occur in a manner which preserves the basic amenities and qualities normally associated with single-family living (such as, but not limited to, privacy, personal open space, and adequate natural lighting and ventilation) while allowing for innovative site layout and open space areas.

(Ord. 767. Passed 11-20-02.)

   (a)   Intent. Public Act 110 of 2006 authorizes the City of Southgate to enter into conditional rezoning under MCLA 125.3405. The City of Southgate recognizes that there are certain instances where it would be in the best interests of both the City and the property owner seeking a change in zoning boundaries, if certain conditions could be proposed by the property owner as part of a request for a rezoning. It is the intent of this section to provide a process by which the owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.

   (b)   Application and Offer of Conditions.

      (1)   The owner of land may voluntarily offer in writing conditions relating to the use and/or development of land for which a rezoning is requested. This offer must be made at the time the application for rezoning is filed. The owner shall also furnish documentation of ownership that is acceptable to the City with the conditional rezoning application.

      (2)   The required application and process for considering a rezoning request with conditions shall be the same as that for considering rezoning requests made without any offer of conditions, except as modified by the requirements of this section.

      (3)   The owner’s offer of conditions shall bear a reasonable and rational relationship to the property for which rezoning is requested.

      (4)   Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this section may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the provisions of this section.

      (5)   The offer of conditions may be amended during the process of rezoning consideration provided that any amended or additional conditions are entered voluntarily by the owner. The owner may withdraw all or change part of its offer of conditions any time prior to final rezoning action of City Council provided that, if such withdrawal or change occurs after the Planning Commission’s public hearing on the original rezoning request, then the rezoning application shall be referred back to the Planning Commission for a new public hearing with appropriate notice and a new recommendation.

   (c)   Planning Commission Review.

      (1)   The Planning Commission, after holding a public hearing and considering the conditions voluntarily offered by the applicant, may recommend approval, offer recommended changes, or denial of the rezoning; provided, however, that any recommended changes offered by the Planning Commission must then be voluntarily offered by the property owner in writing back to the Planning Commission for further review.

      (2)   In reviewing an application for a conditional rezoning of land, the Planning Commission shall consider the following:

         A.   Whether the rezoning is consistent with the policies and uses proposed in the City of Southgate Master Plan;

         B.   Whether all of the uses offered as part of the conditions to the rezoning, or if no specific uses are indicated, all of the uses allowed under the proposed zoning district would be compatible with other zones and uses in the surrounding area;

         C.   Whether any public services and facilities would be adversely impacted by a development or use allowed under the requested rezoning; and

         D.   Whether the uses allowed under the proposed rezoning or offered under the conditional rezoning would be equally or better suited to the area than uses allowed under the current zoning of the land.

   (d)   City Council Review.

      (1)   After receipt of the Planning Commission’s recommendation and the conditions voluntarily offered by the property owner in writing, City Council shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request.

      (2)   Should the City Council consider amendments to the proposed conditional rezoning advisable and if such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the City Council shall, in accordance with Section 401 of the Zoning Enabling Act (M.C.L. 125.3401), refer such amendments back to the Planning Commission for a new public hearing.

      (3)   In reviewing an application for a conditional rezoning of land, the City Council shall consider the following:

         A.   Whether the rezoning is consistent with the policies and uses proposed in the City of Southgate Master Plan;

         B.   Whether all of the uses allowed under the proposed rezoning, or uses offered under the conditions to the rezoning would be compatible with other zones and uses in the surrounding area;

         C.   Whether any public services and facilities would be adversely impacted by a development or use allowed under the requested rezoning; and

         D.   Whether the uses allowed under the proposed rezoning or offered under the conditional rezoning would be equally or better suited to the area than uses allowed under the current zoning of the land.

   (e)   Approval.

      (1)   If the City Council finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written Statement of Conditions for Conditional Rezoning (“Statement of Conditions”) acceptable to the owner. The Statement of Conditions shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the City Council to accomplish the requested rezoning.

      (2)   The Statement of Conditions shall:

         A.   Be in a form that is acceptable to the City and recordable with the Wayne County Register of Deeds.

         B.   Contain a legal description of the land to which it pertains.

         C.   Contain a statement acknowledging that the Statement of Conditions runs with the land and is binding upon successor owners of the land.

         D.   Incorporate by attachment or reference any diagram, plans or other documents that are necessary to illustrate the implementation of the Statement of Conditions. If any such documents are incorporated by reference, the reference shall specify where the documents may be examined. The documents must be reviewed and approved by the Planning Commission and accepted by City Council. Copies of them shall be placed in the Council records.

         E.   Contain the notarized signatures of all of the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the Statement of Conditions.

         F.   Upon the rezoning taking effect through Council resolution, the City of Southgate Zoning Map shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with a Statement of Conditions. The City Clerk shall maintain a listing of all lands rezoned with a Statement of Conditions.

         G.   The approved Statement of Conditions shall be filed by the City with the Wayne County Register of Deeds and a copy of the recorded Statement of Conditions provided to the property owner. The City Council shall have authority to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the City or to any subsequent owner of the land. All City expenses incurred in reviewing ownership documents and in reviewing and recording the Statement of Conditions shall be prepaid to the City by the property owner.

         H.   Upon the rezoning taking effect, the use of the land so rezoned shall conform thereafter to all of the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the Statement of Conditions.

   (f)   Compliance with Conditions.

      (1)   Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the Statement of Conditions. Any failure to comply with a condition contained within the Statement of Conditions shall constitute a violation of this Zoning Ordinance and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.

      (2)   No permit or approval shall be granted under this section for any use or development that is contrary to an applicable Statement of Conditions.

   (g)   Time Period for Establishing Development or Use. Any time periods established for the development and/or use of the land shall be designated by the Planning Commission. This time limitation may, upon written request, be extended by City Council if:

      (1)   It is demonstrated to the Council’s reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion within the specified extension, and/or

      (2)   The Council finds that there have been circumstances beyond the property owner’s control that have impacted the development or use of the property.

   (h)   Reversion of Zoning. If the approved development and/or use of the rezoned land does not occur within the time frame specified under subsection (g) above, then the land shall revert to its former zoning classification. The reversion process shall be initiated by the Planning Commission. The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other rezoning requests.

   (i)   Subsequent Rezoning of Land. When land that is rezoned with a Statement of Conditions is thereafter rezoned to a different zoning classification or to the former zoning classification but with a different or no Statement of Conditions, whether as a result of a reversion of zoning pursuant to subsection (h) above or otherwise, the Statement of Conditions imposed under the former zoning classification shall cease to be in effect. The City shall record with the Wayne County Register of Deeds the Council resolution stating that the Statement of Conditions is no longer in effect.

   (j)   Amendment of Conditions.

      (1)   After the City Council has approved the rezoning and the Statement of Conditions, neither the City nor the property owner shall add to or alter the conditions in the Statement of Conditions.

      (2)   The Statement of Conditions may be amended thereafter in the same manner as was prescribed for the original rezoning and Statement of Conditions.

   (k)   City Right to Rezone. Nothing in the Statement of Conditions nor in the provisions of this Section shall be deemed to prohibit the City from rezoning all or any portion of land that is subject to a Statement of Conditions to another zoning classification. Any rezoning shall be conducted in compliance with this section and the Zoning Enabling Act, Public Act 110 of 2006.

   (l)   Failure to Offer Conditions. The City shall not oblige an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner’s rights under this section.

(Ord. 08-863. Passed 4-16-08.)

   Accessory uses, except as otherwise permitted in this Zoning Code, shall be subject to the following regulations:

   (a)   Accessory Buildings.

      (1)   Where an accessory building is structurally attached to a main building, it shall be subject to and must conform to all regulations of this Zoning Code applicable to the main building. If the garage is attached to the front wall of the house there must be twenty-five percent of the front house wall exposed. In the case of an attached accessory building it would be allowed to have an additional detached accessory building on lots over 9,000 square feet to a maximum size allowed in paragraph (a)(3) hereof. No accessory building shall exceed the ground floor area of the main residence.

      (2)   In a Residential District, no detached accessory building shall occupy more than twelve ercent of the total lot area. No accessory building shall exceed the ground floor area of the main residence. However, only one accessory building on lots under 9,000 square feet in Residential Districts shall be allowed for each single-family residence, and such building shall not exceed 600 square feet in gross floor area. On lots over 9,000 square feet an additional size increase will be permitted as allowed in paragraph (a)(3) hereof.

      (3)   Lots up to 20,000 square feet shall be allowed an additional 400 square feet. Lots up to 40,000 square feet shall be allowed an additional 600 square feet. Lots over 40,000 square feet shall be allowed an additional 800 square feet. If this above option is used a shed is not permitted.

      (4)   Accessory buildings shall not be erected in any required front yard or in any required exterior side yard.

      (5)   No detached accessory building shall be located within an easement, nor closer than ten feet to any main building, nor closer than eighteen inches to any interior side lot line, or three feet from a rear lot line.

      (6)   A detached accessory building shall not be used for living space, storage of commercial equipment or materials, or for commercial storage for rentals of any kind.

      (7)   In those instances where the rear lot line abuts an alley right-of-way, the accessory building shall be not closer than three feet to such rear lot line. In no instance shall an accessory building be located within an easement or dedicated right-of-way. In those instances where the rear lot line abuts a street right-of-way, the accessory building shall be not closer to this line than the required front yard setback in the district in which the property is located.

      (8)   No detached accessory building in R-1, R-1A, R-1B, R-2, RE, MH, and RO Districts shall exceed one story or fourteen feet in height.

      (9)   To construct or replace a shed, a site plan shall be submitted, approved and a zoning permit issued by the Building Department to the homeowner or a contractor to ensure proper placement as regulated by this chapter. One shed shall be allowed in the rear yard at a maximum size of twelve feet by twelve feet. This shed must be on three and one-half inch thick slab with a four inch wide by twenty-four inch deep ratwall.

(Ord. 924. Passed 12-15-10; Ord. 942. Passed 2-15-12.)

   (b)   Accessory Structures.

      (1)   Accessory structures, except where otherwise permitted and regulated in this Zoning Code, shall be located in the rear yard and shall meet the set-back requirements of an accessory building.

      (2)   Flagpoles may be located within any required front or exterior side yard. Such poles shall be located not closer to a public right of way than one-half the distance between the right of way and the principal building.

      (3)   Canopies covering gasoline pump islands may extend into the required front or exterior side yards to a point five feet from the street right-of-way line. No sign shall be placed on any canopy, other than a sign showing the height of the canopy or a sign as permitted and regulated in Section 1298.18.

      (4)   Ground-mounted private communication antennas shall be located in the rear yard. However, such antennas may be located in a nonrequired interior side yard when they will not be highly visible from a street when so placed.

      No private communication antenna, including an extendable antenna, shall exceed the height limitations of the district in which it is located when fully extended. Such antennas shall be placed so that a horizontal distance at least equal to the vertical height of the antenna shall be provided between the base of the antenna and the nearest property line. However, in those instances where an antenna extending upward from the ground is also securely attached elsewhere to a building, the required distance to the nearest property line may be measured from the building attachment to the top of the antenna. Such an antenna may be attached to a pole, to a tower or to a rooftop of a principal or accessory building, provided all applicable structural and electrical code requirements are met.

      Dish antennas located on the ground shall observe all setbacks pertaining to an accessory building.

      Wiring between a ground-mounted antenna and a receiver shall be placed at least four inches beneath the ground within rigid conduit.

      In Residential Districts, no roof-, pole-or tower-mounted antenna shall exceed a dimension of eight feet by eight feet or a diameter of eight feet, or project more than eight feet above the roof on which it is located or above the maximum height limitations of the district, whichever is less.

      A ground-mounted antenna shall not exceed a dimension of twelve feet by twelve feet or a diameter of twelve feet.

      In nonresidential districts, no roof-, pole- or tower-mounted antenna shall exceed a dimension of twelve feet by twelve feet or a diameter of twelve feet. A ground-mounted antenna shall not exceed a dimension of sixteen feet by sixteen feet or a diameter of sixteen feet.

      (5)   Wind-powered generators shall be permitted, provided:

         A.   They are located in the rear yard only.

         B.   They do not exceed the height limitation of the district.

         C.   They are so located on the premises that a distance at least equal to the height of the generator blades at their apogee is provided to the nearest property line.

         D.   They meet all applicable structural and electrical codes

      (6)   Solar energy panels, when located on the ground, shall observe all applicable requirements pertaining to an accessory building. When roof-mounted they shall be mounted either flat against the roof surface or shall not project more than four feet outward from the roof, measured from the surface of the roof where so affixed to the furthest outward projection of the panel.

(Ord. 458. Passed 1-4-89.)

   (a)   The off-street parking or storage of any mobile home, recreational vehicle or recreational equipment in any Residential District shall be subject to the following conditions:

      (1)   Except where otherwise permitted in this Zoning Code, the off-street parking of a mobile home for periods exceeding twenty-four hours on land not approved for mobile homes or mobile home parks shall be expressly prohibited.

         All mobile homes owned by residents of the City and stored on their individual lots shall be stored only within the confines of the rear yard and shall, further, respect the requirements of Section 1298.04(a) insofar as distances from principal structures, lot lines and easements are concerned.

         No such mobile home so parked or stored shall be connected to sanitary facilities or occupied.

      (2)   Recreational vehicles and recreational equipment may be parked anywhere on residential premises for not longer than forty-eight hours while being loaded or unloaded in connection with its recreational use.

      (3)   Except for temporary loading and unloading as allowed by paragraph (a)(2) above, all recreational vehicles and recreational equipment shall be stored on a paved surface in the rear yard only and shall be subject to the applicable conditions of this section regarding accessory buildings with respect to height, yard coverage and setbacks. In the case of a corner lot where the rear lot line is also a side lot line for the lot to its rear, the storage of recreational vehicles and recreational equipment shall occur no closer to the exterior side street lot line than the minimum required front yard setback distance for the lot to its rear.

      (4)   Recreational vehicles and recreational equipment parked or stored on residential premises shall be kept in good repair and shall carry a current license plate and/or registration as required by law.

      (5)   At no time shall recreational vehicles or recreational equipment be used for living or housekeeping purposes, nor may it be connected to water or sanitary sewer facilities.

      (6)   The outdoor storage of recreational vehicles or recreational equipment on any residential lot or parcel shall be limited to only that equipment owned by or licensed or registered to the occupant of the residential lot or parcel on which the equipment is stored.

      (7)   In the case of a multifamily dwelling, a complex of multifamily dwellings or mobile home parks, the City shall require that a screened area, in addition to off-street parking spaces, be provided on the site for the parking and storage of recreational vehicles.

   (b)   The off-street parking of commercial vehicles in any Residential District shall be subject to the following conditions:

      (1)   No person shall park, and no registered owner of a vehicle shall permit to be parked, any commercial vehicle weighing in excess of 5,000 pounds on any residentially zoned property in the City for any purpose or length of time, other than for expeditious loading, delivery, pick-up or unloading of materials, goods or merchandise, or for the purpose of carrying on a principal use permitted on the property on which the vehicle is parked, as otherwise provided in this Zoning Code.

      (2)   The above paragraph (b)(1) shall not preclude the parking on premises of commercial vehicles that are the principal means of transportation for a resident in the conduct of such resident's employment or profession, provided:

         A.   They do not include:

         B.   They are parked on a paved surface in a side yard or rear yard only.

      (3)   The owner of residentially owned property shall not permit a commercial vehicle to remain on such property in violation of this Zoning Code.

      (4)   In any proceeding for a violation of this section, where a motor vehicle displays commercial license registration plates, such registration shall constitute prima-facie presumption that it is a commercial vehicle at the time of any alleged violation.

      (5)   In any proceeding for a violation of the weight limitations of this section, the weight indicated on the vehicle's registration shall constitute a prima-facie presumption of the weight of the vehicle at the time of any alleged violation.

(Ord. 10-897. Passed 2-3-10.)

   (c)   The off-street parking or storage of motor vehicles, where permitted, in any nonresidential district, shall be subject to the following requirements:

      (1)   The on-premises parking of motor vehicles for the purpose of loading or unloading of materials or products shall be permitted as regulated in Section 1292.04.

      (2)   The outdoor parking of motor vehicles for periods of more than eighteen hours shall be prohibited, except that the parking on premises of vans, pickup trucks and similar single rear axle, step-type delivery vehicles, excluding semitrailer trucks and tractors, when used as an integral and necessary part of a business operation, may be parked on the premises for up to sixty-four continuous hours, provided that:

         A.   Not more than three such vehicles shall be so parked at one time during any sixty-four hour period.

         B.   They are parked in a uniform manner, neat and orderly in appearance.

         C.   They are parked in the rear or side yards, away from any street frontage, unless there is no other area on the premises where they can be parked.

         D.   They shall not be parked in any required landscaped area nor in any required off-street parking space, vehicle maneuvering lane or designated loading or unloading areas, during business hours.

      (3)   No motor vehicle shall be stored outdoors in any nonresidential district, except that motor vehicles for sale may be stored or displayed outdoors when they are on the premises of a new car dealership.

   Because the uses referred to in this section possess unique characteristics making it impractical to include them in a specific use district, they may be permitted by Council, upon recommendation by the Planning Commission. The Commission shall review any such use and make its recommendation after holding a public hearing in accordance with Section 1262.07.

   In every case, the uses herein set forth shall be expressly prohibited from any Residential District, unless otherwise specifically permitted in this section.

   The uses permitted herein require special consideration since they service an area beyond the City, require sizable land areas and/or create potential control problems with respect to adjacent land use and use districts, traffic, noise, appearance and general safety.

   Those uses falling specifically within the intent of this section are as follows:

   (a)   Outdoor Theaters. Because outdoor theaters possess the unique characteristics of being used only after dark, and since they generate a concentration of vehicular traffic in terms of ingress and egress from their parking areas, they shall be permitted in the M-1 District only and shall not be adjacent to existing or planned residential areas. Outdoor theaters shall further be subject to the following conditions:

      (1)   The proposed internal design shall receive approval from the Director of Inspections and the City Engineer as to adequacy of drainage, lighting and other technical aspects.

      (2)   Outdoor theaters shall abut a major thoroughfare, and points of ingress and egress shall be available only from such major thoroughfare.

      (3)   All vehicles waiting or standing to enter the facility shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated public street right of way.

      (4)   The area shall be so laid out as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares. All lighting used to illuminate the area shall be so installed as to be confined within and directed onto the premises of the outdoor theater site.

   (b)   Communication Towers and Collocations.

      (1)   Any new communication towers and their attendant facilities shall be permitted in the M-1 District, provided that such towers are setback the total height of the tower measured from the base of the tower to the property line.

      (2)   In order to maximize the efficiency of telecommunication services, while also minimizing the impact of such facilities on the City, co-location, or the provision of more than one antenna and more than one user on a single tower at a single location, shall be strongly encouraged. Before approval is granted for a new facility, the applicant shall demonstrate that it is not feasible to co-locate at an existing site.

      (3)   Collocation of any communication antenna shall be a permitted accessory use when attached to any structure which constitutes the primary use, within any zoning district, provided the following:

         A.   That the antenna does not extend more than ten feet beyond the tallest portion of the structure.

         B.   That the antenna blends into the aesthetic character of the primary structure where reasonably practical.

         C.   Any accessory equipment shall be located on the subject parcel and shall be screened from view with either opaque landscape materials or decorative fence.

         D.   Collocation of communication equipment will be reviewed and approved administratively by the Building Inspections Director.

   (c)   Indoor Athletic Facilities. Indoor athletic facilities, including tennis courts, racquet ball courts, exercise facilities, golf driving ranges, batting facilities, skating rinks and bowling alleys, shall be permitted as follows:

      (1)   All such uses shall be located in the M-1 District only.

      (2)   All such uses shall have direct access to a major thoroughfare.

      (3)   All exterior lighting shall be directed away from adjacent uses.

      (4)   A minimum setback of 100 feet for the principal and accessory uses, including off-street parking, shall be provided when adjacent to a Residential District. Within this setback there shall be provided and maintained earth berms with extensive landscape plantings of sufficient height and intensity to effectuate a substantial landscape screen between such uses and the adjacent Residential District.

   (d)   Outdoor Athletic Facilities. Outdoor athletic facilities, including stadiums; amphitheaters; coliseums; arenas; golf driving ranges; golf courses; tennis courts; racquetball courts; football, baseball, softball, soccer, polo and similar athletic track and field events, including equestrian contests, but excluding any form or type of competitive motor vehicle contests; theme parks; or amusement parks, shall be permitted as follows:

      (1)   All such uses shall be located in the M-1 District only.

      (2)   All such uses shall have direct access to a major thoroughfare.

      (3)   All exterior lighting shall be directed inward towards the use and away from adjacent uses.

      (4)   Except for the green areas of golf courses and golf driving ranges (i.e. fairways) and open driving range areas, a minimum setback of 300 feet shall be provided for the principal use and all accessory uses, except off-street parking, which may be located not less than 100 feet from any Residential District. Within these two setbacks, there shall be provided and maintained earth berms and extensive landscape plantings of sufficient height and intensity so as to effectuate a substantial landscape planting screen between uses and the adjacent Residential District.

   (e)   Accommodations for Helicopters.

      (1)   Facilities for the accommodation of helicopters are considered separately under this section. For purposes of accommodating helicopters, as used in this subsection:

         A.   "Heliport" means an area used by helicopters or other steep- gradient aircraft, which area includes passenger and cargo facilities, maintenance and overhaul, fueling service, storage space, tie-down space, hangars and other accessory buildings and open spaces.

         B.   "Helistop" means an area on a roof or on the ground used by helicopters or steep-gradient aircraft for the purpose of picking up or discharging passengers or cargo, and includes fuel service and tie-down space.

         C.   "Helipad" means an area on a roof or on the ground used by helicopters or steep-gradient aircraft for the purpose of picking up and discharging passengers or cargo, but does not include fuel service, maintenance, overhaul or tie-down space.

      (2)   These facilities shall be subject to the review procedures and applicable criteria for airports and the following:

         A.   Heliports shall be permitted in Industrial Districts only. Helistops shall be permitted in all districts except Residential Districts. Helipads may be established in any zoning district.

         B.   When reviewing an application for a heliport, helistop or helipad, the City shall require contemporary standards recommended by the Federal Aviation Agency and the Michigan Aviation Commission for the proper operation of such facility.

         C.   Particular attention shall be given to the following:

            1.   That adequate provision is made to control access to the facility;

            2.   That the surface of the facility is such that dust, dirt or other matter will not be blown onto adjacent property by helicopter operations;

            3.   That all applicable provisions of building, fire and health codes are met, including special provisions applicable in the case of rooftop heliports; and

            4.   That appropriate provision is made for off-street parking.

   (f)   Adult Businesses.

      (1)   Location. In the preparation and enactment of this subsection, it is recognized that adult businesses, because of their very nature, have serious operational characteristics, which characteristics have a deleterious effect upon Residential Districts, schools, libraries, parks, playgrounds, day-care centers, places of worship, business offices and commercial districts. The regulation of the location of adult businesses is necessary to insure that the adverse effects of such uses will not cause or contribute to increased crime in or near such uses and to the blighting or downgrading of such areas. It is the intent of this section to provide reasonable regulations for the establishment of these uses in viable, accessible locations where the adverse impact of their operations may be minimized.

         A.   No adult business shall be permitted under any circumstances, within a 1000-foot radius of an existing adult business. Measurement of the 1000-foot radius shall be made from the outermost boundaries of the lot or parcel upon which the proposed adult use will be situated to the nearest lot line of the existing adult business.

         B.   No adult business, as defined in Section 1260.07(b), shall be permitted within a 1000-foot radius of a Residential District, residence, school, library, park, playground, licensed day-care center, as defined in Act 116 of the Public Acts of 1973, as amended (M.C.L.A. 722.111 et seq.), and/or a church, convent, monastery, synagogue or similar place of worship. Measurement of the 1000-foot radius shall be made from the outermost boundaries of the lot or parcel upon which the proposed adult use will be situated to the nearest lot line of the Residential District, residence, school, library, park, playground, day-care center and/or place of worship.

         C.   The provisions of this subsection shall not apply to hospitals, sanitariums, nursing homes, medical clinics or the offices of a physician, surgeon, chiropractor, osteopath, psychologist, clinical social worker or family counselor who is licensed to practice his or her respective profession in the State, or who is permitted to practice temporarily under the auspices of an associate or an establishment duly licensed in the State, or to certified members of the American Massage and Therapy Association and certified members of the International Myomassethics Federation, or to persons who meet the requirements of M.C.L.A. 339.1701 through 339.1707, as amended from time to time.

      (2)   Residency. No person shall reside in or permit any person to reside in the premises of an adult business as a caretaker or live-in custodian.

      (3)   Additional requirements.

         A.   Adult businesses may be established in a Light Industrial- Research District (M-1). The conditional use of such a business may be permitted subject to applicable site design standards in Section 1284.02 and 1284.03 and subject, further, to the approval of Council after an affirmative recommendation from the Planning Commission, in accordance with the processing procedures set forth in Section 1262.08 and subject to the regulations set forth in this section and in Section 1298.07.

         B.   Adult businesses, such as adult bookstores, adult movie theaters, adult cabarets (Group A and Group D), adult personal service businesses, massage parlors and nude modeling studios, subject to the requirements of this section, shall also meet the following requirements:

            1.   The proposed use will not be contrary to the public interest or interfere with the use and enjoyment of nearby properties, and the spirit and intent of this subsection will be observed.

            2.   The proposed use will not enlarge or encourage the development of a "skid row" area.

            3.   The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program of urban renewal.

            4.   All applicable regulations of this subsection will be observed.

(Ord. 458. Passed 1-4-89; Ord. 579. Passed 8-9-95; Ord. 606. Passed 3-5-97; Ord. 667. Passed 7-22-98; Ord. 839. Passed 2-7-07.)

   Whenever submittal of a site plan shall be required in this Zoning Code, either as stipulated in the individual zoning districts, or elsewhere in this Zoning Code, including this section, certain requirements and procedures as herein set forth shall be followed.

   (a)   Intent. For the purpose of promoting and protecting the public health, safety, convenience and general welfare of the inhabitants of the City of Southgate, and for the preservation of its land resources, and to encourage quality development and redevelopment in the City, provision is made herein for the submission and review of site plans.

   (b)   Necessity. The requirements for site plans and the procedure for reviewing site plans, is essential for the review of proposed new development and redevelopment in the City. The procedure is also necessary to promote design compatibility between land uses in terms of internal and external considerations and for compliance with the requirements of this Zoning Code. To achieve these ends, certain basic drawings, plans and pertinent site development data shall be required as herein set forth.

      In those instances where the City of Southgate, its administrative staff, or the Southgate Planning Commission, is authorized to review and act upon requests to develop and/or redevelop land in the City, the City, its administrative staff or the Planning Commission may require the applicant or the applicant's representative(s) to furnish statements, surveys, reports or plans, or other information involving on-premises or off-premises conditions that, in their judgment, may be impacted by the type of development and/or redevelopment proposed for the site.

   (c)   Site Plan Required. A site plan shall be required for review by the City before issuance of a building permit. Preparation and submission of a site plan shall be required for any of the following uses:

      (1)   Two-family and multiple-family residential dwellings.

      (2)   Any nonresidential use permitted in a residential district.

      (3)   New office, commercial or industrial buildings.

      (4)   Additions to an existing nonresidential building for which:

         A.   Additional off-street parking is required; or

         B.   Required off-street parking would be lost as a result of the addition.

      (5)   Any use or uses permitted as a conditional use or a use permitted subject to special conditions in this Zoning Code.

      (6)   Any public building or public utility building.

      (7)   Any revisions to previously approved site plans.

      (8)   Any buildings and/or use for which a site plan is required as set forth in this Zoning Code.

   (d)   Supporting Documents. The Building Department or the Planning Commission, in the course of reviewing a site plan, may, at its discretion, require the applicant to submit such surveys, plans, reports, documentation or other information it deems necessary in the review of a site plan. Such reports and other documentation may include, but are not necessarily limited to, traffic impact statements as outlined in paragraph (j)(1)E. hereof, environmental impact statements, or documentation establishing that the use proposed for the site will not adversely impact surrounding properties or the City of Southgate, in general, with regard to certain performance standards. Performance standards include maintaining the quality of air and controlling vibration, noise and odors in accordance with minimum performance standards set forth and regulated by the State of Michigan.

   (e)   Applicant Responsibility. Before preparing a site plan as required in paragraph (c)(1) hereof, the applicant or the applicant's representative shall:

      (1)   Obtain a copy of the City Zoning Ordinance, Zoning Map and Site Plan Information Checklist. Copies of the Zoning Ordinance, Zoning Map and the Site Plan Information Checklist may be obtained from the office of the City Clerk for a fee established by the City Council. Fees for these documents shall be payable to the office of the City Treasurer. These fees must be paid before the documents may be released by the office of the City Clerk to the applicant or the applicant's representative.

      (2)   Determine if the use proposed for the site is permitted based on the zoning in the district where the site is located. The applicant may seek assistance from the City in determining if the proposed use is permitted in the district.

      (3)   Familiarize himself or herself with the general requirements of the Southgate Zoning Ordinance. Particular attention shall be given to the requirements of the Zoning Ordinance pertaining to:

         A.   Building height and building bulk limitations;

         B.   Building setback requirements;

         C.   Dwelling density limitations by residential zoning district;

         D.   Numerical off-street parking requirements and parking space layout standards;

         E.   Loading and unloading requirements;

         F.   Landscaping requirements;

         G.   Sign control standards; and

         H.   Exterior building wall materials guidelines.

      (4)   Become aware of which review process the applicant's site plan will proceed through. The alternative processes for reviewing site plans may be found in paragraphs (i)(3) and (i)(5) hereof. The applicant may seek the assistance of the Building Department in making this determination but representation by any City official or employee shall not change the valid zoning use.

      (5)   Become aware of the scheduling deadlines involved in submitting site plans in time to be reviewed by the Building Department, or by the Planning Commission at its next regularly scheduled meeting. Scheduling times are set forth in paragraph (i)(1) hereof.

      (6)   Become aware of the information required to be provided on site plans as set forth in subsection (g) hereof. Additional copies of the checklist may be obtained from the Building Department or the office of the City Clerk.

      (7)   Supply the proper number of site plans and supporting documents as set forth in subsection (h) hereof.

      (8)   Establish a site plan review escrow account with the office of the City Treasurer. The amount of the escrow account shall be in accordance with the fee schedule set by City Council.

   (f)   Site Plan Preparation; Drawings. The applicant shall prepare, or have prepared, a site plan in accordance with the following requirements. All site plans shall be drawn to the correct engineer scale, except floor plans and exterior building wall elevation drawings, which shall be drawn to the correct architect scale. All drawings shall contain all applicable information as set forth in subsection (g) hereof. Site plan submittals shall include:

      (1)   An existing conditions drawing;

      (2)   A plan view drawing;

      (3)   Site engineering drawings, as required by the City's consulting engineers;

      (4)   A landscape design plan;

      (5)   Floor plans;

      (6)   Exterior building wall elevation drawings; and

      (7)   Detail cross section drawings, as required.

   (g)   Site Plan Information. All site plans submitted for review by the City shall contain the following applicable information on uniform paper sheets not exceeding twenty-four inches by thirty-six inches in size.

      (1)   All sheets. All site plan drawings shall contain the following information:

         A.   Name of the proposed development;

         B.   Name, address, telephone and facsimile number of:

            1.   The developer;

            2.   The legal owner; and

            3.   Site plan design firm(s); and

         C.   Scale of drawing.

      (2)   Existing conditions drawing. An existing conditions drawing shall be prepared at an engineer scale of not less than one inch equals fifty feet, and shall include the following information:

         A.   The north point;

         B.   The designer's registration number and seal;

         C.   A complete legal description of the premises, including:

            1.   Gross number of acres; and

            2.   Net usable acres.

         D.   A vicinity sketch showing the location of the site and its surrounding area. This drawing need not be drawn to scale.

         E.   All buildings, structures or ruins existing on the site;

         F.   All underground and above-ground public utility easements and what they are;

         G.   Private easements;

         H.   Topography at two-foot intervals;

         I.   Trees over six inches in diameter measured six inches above the ground at the base of the tree. In the case of a grove or timber of trees, an outline of the tree cover will suffice.

         J.   The outline of any wetland areas; and

         KAll peripheral site dimensions.

      (3)   Plan View Drawing. A plan view drawing shall be drawn to an engineer scale of not less than one inch equals fifty feet, and shall include the following information:

         A.   The north point;

         B.   The designer's registration number and seal;

         C.   A vicinity sketch, if not provided on the existing conditions drawing;

         D.   The location and width of all proposed in-ground and above-ground public and private utility easements;

         E.   The existing zoning classification of the site;

         F.   The existing zoning classification of abutting properties;

         G.   The existing land use of abutting properties;

         H.   All existing buildings and structures within 100 feet of the development site;

         I.   The location of proposed buildings and structures to be erected on the development site;

         J.   The heights of all proposed buildings and structures. This information may be provided on the exterior building wall elevation drawings.

         K.   The location of all off-street parking spaces, including required handicapped parking spaces, vehicle maneuvering lanes and service drives;

         L.   The location of loading and unloading facilities;

         M.   The location of all driveways, drives, turning lanes, acceleration and deceleration lanes, as well as marginal access service drives if needed. Any site located adjacent to a county or state road right-of-way and accessing same, shall be required to submit a geometric review approval from the appropriated agency;

         N.   The locations of all drives, driveways and intersections across abutting streets and alleys from the development site;

         O.   The names of all abutting streets and freeways, along with their pavement widths, center lines and projected right-of-way lines;

         P.   The location of all sidewalks; and

         Q.   Critical site dimensions:

            1.   Along property lines;

            2.   Between buildings and between buildings and structures and between structures;

            3.   Between buildings or structures and property lines;

            4.   Between off-street parking and buildings and structures;

            5.   Between off-street parking and property lines;

            6.   Off-street parking bay length and width;

            7.   Vehicle maneuvering lane/service drive widths;

            8.   Curb radius at entrances;

            9.   Between buildings, structures or parking spaces and storm water detention or retention ponds or basins;

            10.   The location of any outdoor storage area(s);

            11.   The location of any trash receptacle(s);

            12.   The location of all peripheral screen walls or earth berm screens, including trash receptacle screen walls;

            13.   The location of any free-standing ground or pylon signs; and

            14.   The location of all exterior lighting fixtures, including information regarding the height of the fixture, the type of luminary to be used and its wattage.

      (4)   Site engineering drawings.

         A.   Site plans that do not require review by the Planning Commission shall be prepared in accordance with the City's Plan Review and Site Plan Design Standards for New Construction and Site Alteration Manual.

         B.   Site plans requiring review by the Planning Commission shall include preliminary site engineering drawings in accordance with the following requirements and, upon site plan approval by the Planning Commission, final site engineering drawings prepared in conformance with the City's Plan Review and Site Plan Design Standards for New Construction and Site Alteration Manual shall be submitted to the Building Department:

            1.   Plans shall be submitted on twenty-four inch by thirty-six inch white prints, having blue or black lines. Only engineering scales may be used on site engineering plans, and shall be prepared at a scale of not less than one inch equals fifty feet.

            2.   Should the size of the site prohibit the entire site from being shown on a single sheet, a one inch equals 100 feet or one inch equals 200 feet general plan is to be provided. The general plan should show the streets and their names, pavements, all building units, all utilities and site dimensions.

            3.   All existing and proposed water mains, sanitary sewers and storm sewers shall be shown. The size of the existing utilities shall also be noted on the plan.

            4.   The location of all proposed fire hydrants, catch basins, inlets and manholes shall be shown on the plan.

            5.   All proposed pavements and buildings and existing pavements and buildings which are to remain in place, are to be shown.

            6.   Drainage arrows indicating the drainage patterns and grading shall be shown.

            7.   The plan is to contain a minimal amount of proposed elevations to indicate the general grading of the site and the compatibility with existing and adjoining grading.

            8.   If on-site detention is required, it shall be noted on the plan. If detention is to be provided by a basin, the location and approximate size of the basin shall be shown. If fencing of the basin is required in accordance with the City's ordinance, it shall be shown on the plan. If detention is to be provided by any other means than a basin, then the means and method of providing the same shall be noted on the plan.

      (5)   Landscape design plan. A landscape design plan shall be prepared at an engineer scale of not less than one inch equals fifty feet, and shall include the following information:

         A.   All existing landscape features (trees, shrubs, lawn area, ponds, etc.) existing on the site at the time of development that are to be retained;

         B.   All new landscape planting materials proposed for the site;

         C.   The name of all new plant materials (common and botanical), their size (height and diameter or caliper for trees, and height and spread for shrubs), and, in the instance of a landscape screen wall as may be permitted in this Zoning Code, the on-center distance between planting screen materials; and

         D.   A statement as to how all plant materials are to be watered and maintained, i.e., by an in-ground irrigation system or other means. The placement of landscaping materials shall observe the clear corner vision restrictions set forth in Section 1298.12.

      (6)   Floor plans. Floor plans shall be prepared at an architect's scale of not less than one-eighth of an inch equals one foot, and shall include the following information:

         A.   Floor plans for all levels of the building, including basements.

         B.   The gross floor area and the net usable floor area of each building (total and by individual floor levels). For the purpose of determining usable floor area, the term as defined in Section 1260.07 of this Zoning Ordinance shall apply.

      (7)   Exterior building wall elevation drawings. Exterior building wall elevation drawings shall be prepared at an architect's scale of not less than one-eighth of an inch equals one foot, and shall include the following information. Exterior building wall elevation drawings shall be prepared for all exterior walls of the building or buildings proposed for the site, and for all accessory buildings.

         A.   Dimensions showing the height of buildings. Building height dimensions shall depict building heights as defined in Section 1260.07 of this Zoning Code.

         B.   The type and color of all exterior building wall materials to be used on each wall.

         C.   The location of all wall signs. The display area of each wall sign shall be provided on the drawing in square feet.

         D.   The location, type and wattage of all wall-mounted exterior lighting fixtures.

      (8)   Detail cross-section drawings. Detail cross-section drawings shall be prepared at an appropriate engineer or architectural scale and shall include detail cross-sections of:

         A.   All earth berm treatments involved in the landscape design layout, including information identifying angle (steepness) of side slopes, width of base, beam height and width of berm crest.

         B.   All screen walls, including footings, type of materials to be used in the screen walls and dimensioned height.

         C.   All free-standing signs, including the height of the sign and the total amount of display area in square feet for each sign.

         D.   Wall signs, including the total amount of display area in square feet for each sign.

         E.   Exterior free-standing light fixtures, including its total dimensioned height.

            If insufficient room is available on other site plan drawings for detail drawings, they shall be provided on a separate sheet of detail drawings.

   (h)   Number of Site Plans. An adequate number of site plans and supporting documents as may be required shall be submitted for review as outlined herein.

      (1)   For review and action by the Building Department. Eight copies of the site plans and supporting documents shall be submitted to the Building Department.

      (2)   For review and action by the Planning Commission. Sixteen copies of the site plan, along with an equal number of supporting documents as may be required, shall be submitted to the Building Department for review and action by the Planning Commission. The Building Department shall distribute the site plan packages in the following manner:

         A.   One copy to the City's consulting engineer.

         B.   One copy to the City's planning consultant.

         C.   One copy to the Police Department.

         D.   One copy to the Fire Department.

         E.   One copy to the Department of Public Services.

         F.   One copy to the Building Department.

         G.   One copy to the Planning Commission's Recording Secretary.

         H.   Nine copies, one to each member of the Planning Commission.

   (i)   Review Procedure. Site plans submitted for review shall be processed in the following manner:

      (1)   Scheduling. Site plans submitted to the City for review shall be forwarded to the applicable review agencies if practicable within three business days. Agencies reviewing site plans that are to be approved by the Building Department shall complete their review and forward their comments in writing to the Building Department within fifteen working days after receipt of the site plans from the Building Department.

   Agencies reviewing site plans that are to be acted upon by the Planning Commission shall receive the site plans from the City twenty-seven days before the next regularly scheduled Planning Commission meeting. The reviewing agencies shall review the plans and forward their comments, in writing, to the City no later than the Wednesday preceding the next regular Planning Commission meeting. Revised site plans shall be scheduled in the same manner.

      (2)   All site plans. All site plans shall be submitted to the Building Department for processing. Upon receipt of a site plan, the Building Department shall:

         A.   Determine if the site plan may be reviewed and acted upon by the Building Department, or if review and action by the Planning Commission is required. In making this determination, the Building Department shall follow the assigning criteria presented in paragraphs (i)(3) and (5) hereof.

         B.   Check the site plans for completeness. The Building Department shall not schedule a site plan for review until or unless the site plan submitted is complete in its content.

         C.   Determine that a sufficient number of site plans have been submitted for review.

         D.   Be satisfied that all applicable fees, as established by City Council, have been paid to the office of the City Treasurer.

      (3)   Review by the Building Department. The Building Department shall review and act on all site plans that do not require review by the Planning Commission, as set forth in paragraph (i)(5) hereof. The Building Department shall review the following site plans:

         A.   All principal permitted uses set forth in the various zoning districts or this Zoning Code. When conducting its review of any principal permitted use, the Building Department, at its discretion, may forward the site plan to the Planning Commission for its review and action when, in the opinion of the Building Department, the following conditions may be involved, or may occur, as a result of development of the use on the proposed site:

            1.   The possible land use impact the development could have on adjacent land.

            2.   The traffic impact the use could have on the City's streets or on the streets of an abutting municipality when those streets share a common border with the City of Southgate.

            3.   The environmental impact the use could have on surrounding property and the City of Southgate, in general. Environmental impact shall include air, water and land.

         B.   All uses permitted subject to special conditions as a review agent for the site plan review process by the Planning Commission.

         C.   Site plans forwarded to the Building Department by the Planning Commission for review and approval of the two or three minor conditions specifically attached to a site plan approved by the Planning Commission.

      (4)   Review agency responsibilities. All review agencies receiving site plans from the Building Department for review shall:

         A.   Review the site plans in accordance with the review guidelines set forth in subsection (j) hereof, and in accordance with the guidelines of their own professional expertise.

         B.   Complete their review and forward their comments in writing to the Building Department according to the applicable time schedules set forth in paragraph (i)(1) hereof.

      (5)Review by the Planning Commission. Site plans submitted to the Building Department for review by the Planning Commission shall include:

         A.    All uses set forth in the various zoning districts of the Southgate Zoning Ordinance for uses permitted, subject to special conditions.

         B.   Gasoline service stations.

         C.   New motor vehicle sales and service outlets, body repair shops and mechanical repair shops.

         D.   Restaurants, including fast food sit-down, fast food carry-out, and sit- down restaurants.

         E.   Multiple-family residential developments.

         F.   Planned commercial shopping centers, as defined in this Zoning Code, or a single business containing 15,000 square feet, or more, of gross floor area.

         G.   Developments proposed under the Planned Development District guidelines.

      (6)   Planning Commission review responsibilities. The City shall undertake the following responsibilities for site plans requiring review by the Planning Commission:

         A.   Assign the site plan a site plan number.

         B.   Schedule a review date before the Planning Commission.

         C.   Forward copies of the site plans and accompanying documents, if any, to the site plan review agencies outlined in paragraph (h)(2) hereof.

         D.   Forward copies of all written review agency comments to the applicant.

   (j)   Review Guidelines. Site plans shall be reviewed in accordance with the following guidelines. In the process of reviewing site plans, the Building Department, the Planning Commission and the applicable site plan review agencies shall find that:

      (1)   The use proposed for the site is a use permitted in the district in which the land is zoned.

      (2)   All applicable requirements of this Zoning Code are met with respect to the site plan.

      (3)   The location and design of driveways providing vehicular ingress to and egress from the site, relative to streets giving access to the site and relative to pedestrian traffic, are acceptable.

      (4)   Traffic circulation within the site relative to the location and functional layout of off-street parking areas and loading and unloading areas is acceptable. Traffic should flow freely within the designated parking areas. There should be no doubling of vehicle maneuvering lanes for loading and unloading areas, trash pickup areas, etc. When a row or rows of parking spaces exceed five spaces in a row, adequate area shall be provided for vehicles to turn around, including trucks.

      (5)   Traffic volumes expected to be generated by the site can be safely and efficiently accommodated on the street(s) which the development will access, as well as on the surrounding street system. If traffic impact is a concern, the Building Department or the Planning Commission may require submittal of a traffic impact report, to be paid for by the applicant.

      (6)   Satisfactory and harmonious relationships between development proposed on a site and the existing development on contiguous lands will be achieved through:

         A.   The location of loading and unloading areas and trash receptacles so as to minimize their impact.

         B.   The use of screening devices of sufficient extent to carry out the intent and purpose of the screening requirements of this Zoning Code.

         C.   Design compatibility between the proposed development and existing developments so that it will be compatible with adjacent developments in terms of its architecture and the types and color of the exterior building wall facade materials to be used.

      (7)   Adequately sized and located recreation facilities and/or open space areas are provided, where applicable.

      (8)   Areas of natural significance are preserved, where applicable.

      (9)   The use will not impact abutting properties with excessive noise, vibration or odors. The Building Department or the Planning Commission may require submittal of information documenting that the use proposed for the site will conform to the limitations of applicable County or State standards regarding maintaining clean air, and restricting noise, vibration and odors.

      (10)   The proposed use will conform to the environmental limitations of applicable State laws. The Building Department or the Planning Commission may require submittal of an environmental impact statement, to be paid for by the applicant, verifying adherence to applicable State environmental protection laws.

      (11)   Landscaping within the site is located so as to provide an attractive appearance throughout the site.

      (12)   Ground pole and exterior building wall lighting is such that it will present a soft visual image and not a bright radiant or sharp light, particularly with respect to adjacent land use.

      (13)   All natural and man-made site drainage has been satisfactorily accommodated so as not to create excessive run-off or ponding on adjacent properties.

   (k)   Site Plan Action. Site plans submitted to the Building Department or the Planning Commission for review shall thereafter be acted upon in accordance with the following procedures:

      (1)   Building Department. Upon completion of its review of a site plan that the Building Department is authorized to review as set forth in this Zoning Code, the Building Department shall:

         A.   Approve the site plan and notify the applicant in writing of the approval.

         B.   Disapprove the site plan and notify the applicant in writing of the reason(s) for disapproval.

         C.   Continue review of the site plan pending submittal of a revised site plan by the applicant for further review by the Building Department.

      (2)   Planning Commission. Site plans submitted to the Building Department for review by the Planning Commission shall be forwarded to the Planning Commission for its review and action. Upon completing its review of a site plan, the Planning Commission shall take one of the following actions:

         A.   Approve the site plan.

         B.   Table the site plan to allow for submittal of a revised site plan by the applicant.

         C.   Approve the site plan subject to minor revisions. A minor revision shall mean a simple change or modification to a single element of the site plan which will have no effect on any other element of the site plan. Approval given by the Planning Commission subject to minor revisions shall never involve more than three such revisions.

         D.   Disapprove the site plan.

            1.   Any of the above actions taken by the Planning Commission shall be followed by written notification to the applicant of the action taken by the Planning Commission.

            2.   Site plans approved subject to minor revisions shall be left to administrative review and approval of a revised site plan by the Building Department, the Engineering Department and/or the City Planner. The Building Department shall thereafter inform the Planning Commission in writing of its action.

            3.   An applicant whose site plan was disapproved by the Planning Commission may appeal that decision to the Board of Zoning Appeals in a manner prescribed by ordinance.

   (l)   Applicant Options; Alternative Approaches. Certain actions by the Building Department or the Planning Commission may afford the applicant alternative approaches to obtaining site plan approval. Upon notification of tabling or disapproval of a site plan by the Building Department or the Planning Commission, the applicant may:

      (1)   Revise the site plan accordingly and resubmit the plans to the Building Department for further review by the Building Department or the Planning Commission.

      (2)   Seek relief before the Board of Zoning Appeals (BZA) from the reasons noted by the Building Department or the Planning Commission in its action to disapprove the site plan. Application for relief by the BZA shall be submitted by the applicant within twenty-eight days from the date of notification. If not submitted within that time period, no appeal shall be heard by the BZA.

   (m)   Effective Period of Approvals. Site plan approvals granted by the Building Department, the Planning Commission, or the City Council shall be effective only within the following time periods:

      (1)   Approvals of conventional site plans. Except as set forth in paragraph (m)(2) hereof, site plans approved by the Building Department or the Planning Commission shall be in effect for one year from the date of approval. A one-year extension to an approved site plan may be granted by the original grantor of approval.

      (2)   Approvals of planned development site plans. Site plans approved under the guidelines of the Planned Development District (PD) shall be in effect for two years from the date of approval. A one-year extension to the originally approved site plan may be given by the Southgate City Council following recommendation by the Planning Commission.

      (3)   Termination of site plan approvals. Sites for which conventional site plan approval has been granted but which are clearly not under development within one year from date of site plan approval, and for which no extension has been granted, shall thereafter be considered null and void and shall require re-submittal for review and approval. In the case of planned development site plans, approval shall become null and void two years after the date of site plan approval.

   (n)   Amendments to a Site Plan Approved by the Planning Commission.

      (1)   Minor changes to an approved site plan may be approved solely by the Building Inspections Director provided that such changes meet the spirit of the Zoning Ordinance and the applicant agrees. Minor changes to an approved site plan may include the following:

         A.   Moving building footprints within the confines of the smallest rectangle that would have enclosed each originally approved building(s). Relocation of building entrances or exits, or shortening of building canopies.

         B.   Changing the angle of parking or aisle width provided there is no reduction in the amount of required off-street parking or in reduction of aisle width below ordinance requirements.

         C.   Substituting landscape plant species provided a nurseryman, landscape architect, engineer, or architect certifies the substituted species is similar in nature and screening effects and the requested species is permitted under Section 1298.09 herein.

         D.   Change type and design of lighting fixtures provided an engineer or architect certifies there will be no change in the intensity of light at the property boundary.

         E.   Increase yard setbacks.

         F.   Changing the location of an exterior building wall or location not more than ten feet because of a natural impediment or hazard such as bedrock or muck soils, provided than in so doing no setback requirement of the ordinance is violated and no significant reduction in safety or in the amount of open space is thereby affected.

         G.   Re-occupation of an existing building(s) provided the proposed use is permitted as a principal or special conditional use and the following:

            1.   The Building Inspections Director shall make a report of such minor site plan amendments to the Planning Commission.

            2.   The Building Inspections Director shall request the advice of the City Engineer and Planner when considering proposed minor modifications. The Building Inspections Director may determine that the proposed modifications require a complete site plan review by the Planning Commission, particularly for sites which do not comply with previously approved site plans, sites with existing or potential drainage problems, sites with parking deficiencies and uses where there are general health and safety issues.

      (2)   If the Buildings Inspections Director finds than a proposed amendment to an approved site plan does not qualify as a minor change, he or she shall immediately notify the applicant, and the Planning Commission in writing that the site plan approval has been suspended pending approval by the Planning Commission of the proposed amendment. If construction has begun, a stop work order shall be issued by the Director for that portion of the project which is not in compliance with the ordinance. Once the site plan approval for the project has been suspended, the applicant has the option of changing the project plans to conform with the originally approved plan, or of submitting the revised plans to the Planning Commission for review and approval. A change to a site plan that would not be considered minor in nature may include:

         A.   A significant change in the character of the development. For example, a significant change in the building style from what was approved by the Planning Commission.

         B.   An increase in the overall building footprint larger than that allowed in subsection (n)(1)A. herein.

         C.   A reduction in required open space.

         D.   A reduction in required off-street parking and loading.

         E.   The elimination of any site plan amenity approved by the Planning Commission.

   (o)   Improvement Guarantee.

      (1)   Guarantee(s) in the form of a cash deposit, certified check, irrevocable bank letter or credit, surety bond, etc., may be required by the City to be provided in a form acceptable to the City by a project developer.

      (2)   The amount of such guarantee(s) can be made by the City to cover all improvements not normally covered in the building permit, including, but not limited to: landscaping, including earth berms; walls; lighting; surfacing of drives, parking, vehicle maneuvering lanes, including acceleration and deceleration lanes, and other traffic control and traffic circulation improvements; sidewalks; etc.

       (3)   The guarantee(s) shall include a schedule of costs assigned to the several improvements. Monies may be released, but are not required to be released, to the applicant in proportion to work completed and accepted on the various improvements. The City reserves the right to retain all the funds until the project is fully completed and accepted by the City.

      (4)   Any partial release of funds shall leave a balance of not less than twenty percent of the guarantee, which shall be retained by the City until all work has been completed and subsequently inspected and approved by the City.

(Ord. 685. Passed 10-13-99; Ord. 744. Passed 4-24-02; Ord. 745. Passed 4-24-02; Ord. 816. Passed 12-14-05; Ord. 951. Passed 7-5-12.)

   A guarantee in the form of a cash deposit, certified check, irrevocable bank letter of credit, surety bond, etc., in a form acceptable to the City, may be required by the City to be provided by a project developer. The amount of such guarantee may be made by the City to cover all improvements not normally covered in a building permit, such as, but not limited to, landscaping, including earth berms; walls; lighting; surfacing of drives; parking; vehicle maneuvering lanes, including acceleration and deceleration lanes; other traffic control and traffic circulation improvements; sidewalks; etc. The guarantee shall include a schedule of costs assigned to the several improvements. Moneys may be released to the applicant in proportion to the work completed and accepted on the various improvements. Any partial release of funds shall leave a balance of not less than ten percent of the guarantee, which balance shall be retained by the City until all work has been completed and subsequently inspected and approved by the City.

(Ord. 458. Passed 1-4-89.)

   (a)   Generally. Landscape planting screens or landscape plantings required or permitted by this Zoning Code as an alternative to a screen wall or earth berm, and such trees as are required by Chapter 1028 of the Streets, Utilities and Public Services Code to be planted in the lawn extension or public way, shall be planted in accordance with an approved planting plan and planted to completion prior to the issuance of a certificate of occupancy by the City if the use is ready for occupancy between April 15 and October 21. If a use is ready for occupancy between November 1 and April 14, a temporary certificate of occupancy may be issued, but all required plantings shall be placed to completion within sixty days after April 14.

   Failure to have such required plantings placed to completion within sixty days after April 14 shall be grounds for termination or revocation of the temporary certificate of occupancy. No additional certificate of occupancy, either temporary or final, shall be issued thereafter until all required landscape plantings are placed to completion.

   All plantings shall be properly planted so as to be in a healthy, growing condition at the commencement of the establishment period. During the specified period of establishment, the contractor shall be responsible for maintaining the plants in a healthy, growing condition, which responsibility shall include watering, cultivation and weed control.

(Ord. 483. Passed 8-29-90.)

   (b)   Required Planting Screens.

      (1)   Wherever in this Zoning Code a landscape planting screen or landscape plantings are required, such landscape planting shall be subject to the following conditions:

         A.   All plant materials shall meet current American Association of Nurserymen standards.

         B.   All plantings shall consist of permanent, living plant materials and, when planted to completion, shall thereafter be maintained in an attractive and presentable condition, free of weeds, refuse and debris, and shall be continuously maintained in a sound, healthy and vigorous growing condition, free of plant diseases and insect pests.

      (2)   Whenever a landscape planting screen is required under this Zoning Code, a detailed planting plan of such screen shall be submitted to and approved by the Planning Commission prior to the issuance of a building permit. The planting plan shall indicate, to scale, the location, spacing, starting size and description for each unit of plant material proposed for use within the required screening area. Detailed plans shall be submitted in accordance with the following:

         A.   The minimum scale shall be one inch equals forty feet when submitted with no other drawings. When submitted with a site plan drawn to another scale, the planting plan may be made a part of the site plan or, if submitted separately with a site plan, it shall be drawn at the same scale as the site plan.

         B.   The planting plan shall indicate the location, size, spacing and root type (bare root or balled and burlap) of all plant materials.

         C.   The planting plan shall depict typical straight cross-sections, including slope, height and width of berms, and the type of ground cover, any masonry walls and the height and type of construction of all, including footings, where applicable.

         D.   The planting plan shall depict significant construction details, where applicable, to resolve specific site conditions (e.g. tree wells to preserve existing trees, culverts to maintain natural drainage patterns, etc.).

         E.   The planting plan shall indicate existing tree cover that is to be used in conjunction with or in place of the screen planting requirements of this Zoning Code, including types of trees and overall tree height.

      (3)   Cost estimates covering all new plantings contained on the planting plan, together with a surety acceptable to the City, other than a bond, in an amount sufficient to ensure completion within the time specified and in accordance with the planting plan, shall be submitted with the detailed planting plan.

      (4)   The planting plan shall be reviewed relative to:

         A.   The proper type, spacing, height, placement and location of plant materials relative to the length and width of the screen so as to ensure that the required horizontal and vertical obscuring effect of proposed land uses will be achieved;

         B.   The choice and selection of plant materials so as to ensure that root systems will not interfere with public utilities and so that fruit and other debris, except leaves, will not constitute a nuisance within public rights of way or to abutting property owners;

         C.   The choice and selection of plant materials so as to ensure that the type of plantings selected will be of a type that will survive and thrive in the area in which they are to be located;

         D.   The proper relationship between any existing and proposed deciduous and evergreen plant materials so as to ensure that the desired obscuring effect will be accomplished; and

         E.   The size of plant material (both starting and ultimate) to ensure adequate maturity and optimum screening effects of the proposed plant materials.

      (5)   Landscape planting screens, as required in this Zoning Code, when permitted as an alternative to a masonry screening wall or earth berm or in conjunction with either, shall be laid out in conformity with the following:

         A.   Plant materials shall not be located within four feet of the property line.

         B.   Where plant materials are placed in two or more rows, plantings shall be staggered in rows.

         C.   Evergreen trees shall be not less than five feet in height when planted in informal groupings. They shall be spaced not less than fifteen feet apart on centers. When spaced farther apart, additional screen plantings shall be used to achieve the desired screening effect intended by this section. When planted in rows, they shall be planted not more than ten feet on centers.

         D.   Narrow evergreen trees shall be not less than five feet in height. When planted in informal groupings, they shall be spaced not more than ten feet on centers. When planted in rows, they shall be planted not more than five feet on centers.

         E.   Large shrubs shall be not less than thirty inches in height. When planted in informal groupings, they shall be spaced not more than six feet on centers. When planted in single rows, they shall not be more than four feet on centers.

         F.   Small shrubs shall be not less than thirty inches in spread. They shall be planted not more than four feet on centers.

         G.   Large deciduous trees shall be not less than two and one-half inches in trunk caliper. For the purpose of this section, the caliper of the trunk shall be taken six inches above the ground level for trees up to and including four-inch caliper size and twelve inches above the ground level for larger trees. When placed in informal groupings, they shall be planted not more than thirty feet on centers.

         H.   Small deciduous trees shall be not less than two inches in trunk caliper. When planted in informal groupings, they shall be spaced not more than fifteen feet on centers.

   (c)   Landscape Plantings. Landscape plantings used for cosmetic purposes and not as required screen plantings may be planted as desired throughout the site, but shall at least be planted within those minimum required landscape planting areas set forth in this Zoning Code.

   Whenever any cosmetic planting areas are required, or whenever planting screens approach a street or driveway intersection, the clear corner requirements of Section 1298.12 shall be observed. However, in all cases, care shall be taken relative to plant material, height and location so as not to create a traffic hazard.

   Plantings used for cosmetic purposes shall consist of the suggested plant materials outlined in this section, except that Red Maple trees may be used within interior lawn or planting areas when they are located safely away from any building, driveway, street frontage or off-street parking area.

   Development which occurs in a nonresidential district shall provide, in addition to any existing or proposed street right of way, at least ten percent of the net site area (exclusive of buildings, off-street parking areas, etc.) as landscaped open space. Pedestrian walkways, plazas, planters and other decorative elements may be included in such landscaped areas.

   (d)   Exterior Equipment Screens. All exterior climate control and other mechanical equipment and utility outlets (i.e. electrical, gas regulators, etc.) shall be effectively screened from view. Rooftop equipment shall be screened by materials which shall extend at least as high as the highest part of the object being screened. Trash receptacles shall be screened by placing them in opaque architectural masonry enclosures.

   (e)   Distance Between Plant Materials (ft.).

 

 

   (f)   Plant Materials. The following list contains recommended planting materials. Soft Maple trees (Red-Silver Maples) are not recommended plantings except where specifically permitted under the particular conditions set forth in this section.

   (1)   Evergreen trees.   Fir   Pine   Douglas Fir
            Spruce   Hemlock

   (2)   Narrow evergreen trees.   Red Cedar   Junipers
            Arborvitae

   (3)   Large deciduous trees.   Oaks   Ash
            Hard Maples   Ginkgo (male only)
            Beech   Honeylocust (seed-
            Lindens   less and thorn-
               less varieties)
               Birch

   (4)   Small deciduous trees.   Flowering Dogwood   Mountain Ash
            Hawthorn   Hornbeam
            Redbud   Russian Olive
            Magnolia   Flowering
               Crabapple (disease resistant varieties)

   (5)   Large shrubs.
      Deciduous:   Honeysuckle      Flowering
            Lilac      Quince
            Border Privet      Barberry
            Sumac      Forsythia
            Buckthorn      Cotoneaster
            Pyracantha      (Pekin,
                  Spreading)
                  Sargent
                  Crabapple
                  Dogwood (Red    Osier, Grey)

      Evergreen:   Irish Yew      Pfitzer Juniper
            Hicks Yew      Savin Juniper
            Mugo Pine

      (6)   Small shrubs.

         Deciduous:   Compact Burning Bush      Japanese
            Regal Privet      Quince
            Fragrant Sumac      Cotoneaster
                  (Cranberry,
                  Rockspray)
                  Potentilla

         Evergreen:   Spreading Yews      Dwarf Mugo
            (Dense, Brown's, Ward, etc.)   Pine
            Low Spreading Junipers   Big Leaf
            (Andora, Hughes, Tamarack,
            etc.)      Wintercreeper

      (7)   Trees not suggested.

            Box Elder      Poplars
            Catalpa      Soft Maples
            Elms      (Red, Silver)
            Horse Chestnut (nut bearing)   Tree of Heaven
                  Willows

(Ord. 458. Passed 1-4-89.)

   (a)   Outdoor lighting in any district used to light the general area of a specific site shall be shielded to reduce glare and shall be so arranged as to reflect lights away from all adjacent Residential Districts or adjacent residences.

   (b)   Outdoor lighting poles or standards shall not exceed the maximum height limitation of the district in which they are located, except that no lighting pole or standard shall exceed twenty feet in height when located on land adjacent to a Residential District.

   (c)   Outdoor lighting in any district shall be directed toward and confined to the ground areas of laws or parking lots.

   (d)   All lighting in nonresidential districts used for the external illumination of buildings, so as to feature such buildings, shall be placed and shielded so as not to interfere with the vision of persons on adjacent streets, roads or property.

   (e)   The illumination of signs shall be directed or shaded downward so as not to interfere with the vision of persons on adjacent streets, roads or property.

   (f)   Artificial light shall be maintained in a manner so as not to constitute a hazard or nuisance.

(Ord. 458. Passed 1-4-89.)

   In all Residential Districts, so-called entranceway structures, including, but not limited to, walls, columns and gates marking entrances to single-family subdivisions or multiple housing projects, are permitted and may be located in a required yard, except as provided in Section 1298.12. Such entranceway structures shall comply with all applicable codes of the Municipality and shall be approved by the Director of Inspections or his or her designee, and a permit for the same shall be issued.

(Ord. 458. Passed 1-4-89.)

   No fence, wall, shrubbery, sign or other obstruction to vision above a height of two feet from the established street grade shall be permitted within the triangular area formed at the intersection of street right-of-way lines by a straight line drawn between such right-of-way lines at a distance along each line of twenty-five feet from their point of intersection.

(Ord. 458. Passed 1-4-89.)

   (a)   There shall be provided and maintained between any nonresidential and Residential District, between any Multiple-Family and One-Family District and between certain uses listed herein, an obscuring wall or landscaped earth berm as follows, except as otherwise excluded in subsection (c) hereof:

 

   (b)   For those districts and uses listed in subsection (a) hereof, there may be provided, in lieu of an obscuring wall, an obscuring landscaped earth berm (earth mound). When such earth berm is provided in place of a wall, or in combination with a wall, the berm shall be landscaped and maintained in a clean, orderly and growing condition, and shall meet the following minimum design standards:

      (1)   Continuous earth berms shall be provided with an undulating horizontal and vertical top and sides. The height of the earth berm shall be not less than required for a wall in the district. Earth berms may consist of opaque screen plantings within the horizontal berm depressions or architectural masonry walls, or a combination of both, so long as the minimum required height of the earth berm plantings or walls, or a combination thereof, is maintained.

      (2)   Berms shall be a landscaped earth mound possessing a maximum slope ratio of three feet of horizontal plane for each one foot of vertical height. The berm shall have a nearly flat horizontal area at its crest of at least two feet in width. The side slopes shall be protected from erosion by sodding or seeding. Sodding shall be used only if the sodded areas are provided with irrigation. If seeded, they shall be protected with a straw mulch held in place by jute netting until a permanent lawn is established. However, other nets designed and intended to control erosion may be used as well.

      (3)   The Planning Commission shall review the effectiveness of an earth berm against other screening devices set forth in this Zoning Code and shall determine if the berm is an acceptable alternative. The Commission, in making its review, shall consider the type of objects to be screened, the type of land use that the objects are to be screened from, topographic conditions in the area and general appearances.

   (c)   Required walls or earth berms shall be located on the lot line, except where the standards of this section require them to be located on the residential side of an alley or located immediately adjacent to a parking lot in a Residential District, and except:

      (1)   Where underground utilities interfere;

      (2)   Where this Zoning Code requires conformity with front yard setback lines in abutting Residential Districts;

      (3)   Where a nonresidential district is located directly across a street from a Residential District, in which case the wall shall be placed on a line parallel to and twelve feet, six inches back from the street right-of-way line. The wall shall parallel the nonresidential frontage for the full extent that the nonresidential district lies across the street from the Residential District. The area between the wall and the street right-of-way line shall be landscaped with lawn, shrubs and trees.

   (d)   Required walls shall be located on the opposite side of an alley right of way from a nonresidential district that abuts a Residential District.

   (e)   Required walls shall be constructed of architectural masonry materials which may include all decorative masonry units, i.e. monolithic and/or precast concrete walls. Precast concrete walls, or commercial/industrial rated wall panels with stone or brick design shall be stained or painted in colors complementary to the color of exterior materials used in buildings on the site.

(Ord. 458. Passed 1-4-89; Ord. 495. Passed 6-19-91; Ord. 606. Passed 3-5-97; Ord. 23-1031. Passed 2-1-23.)

   (a)   Permits. To construct or replace a partition fence, a site plan shall be submitted and approved, and a zoning permit issued by the Building Department to the property owner or contractor, to ensure proper placement as regulated by this chapter.

   (b)   Construction Materials and Specifications for Partition Fences. Any owner of a lot in the City may construct and maintain partition fences between his or her own lot and the next adjoining lots. Such partitions include any barrier constructed or reconstructed to partition all or part of a lot, including cyclone or chain-link fences, split-rail or ranch-type fences, ornamental or privacy fences, hedges and shrubbery utilized as a means of division, and other similar means of partitioning an area.

   All other partition fences shall be constructed of self-supporting posts, at a maximum height of six feet, eight inches. The material and design of same shall be approved by the Building Department. Chain-link fences which contain colored slats for screening that are woven between the links shall be of a neutral color (beige, tan, cream, etc.) and shall be kept in good repair.

   (c)   Barbed Wire Fences. No person shall place or maintain any barbed wire fencing or any strands of barbed wire along the line of or in any public street, alley, sidewalk or other public place in the City, nor shall any person build or maintain any line fence composed wholly or partly of barbed wire. This section may be waived upon application to Council, and Council may, in its discretion, grant permission for the installation of strands of barbed wire upon the top of any fence surrounding nonresidential property, and not abutting residential property, where Council deems such installation of barbed wire to be necessary for the protection of the improvements or goods contained within the area so fenced from theft, vandalism, injury or other malicious mischief.

   (d)   Decorative Front Yard Fences. A decorative fence is one that's primary purpose is to contribute to the overall aesthetic of the residential structure. Decorative fences may be installed in accordance with the following conditions and with the approval of the Building Department.

      (1)   The decorative fence may be installed in the front yard provided the fence is placed along the side property lines from the front building line to within one foot of the sidewalk.

      (2)   The maximum height of such fence shall be no taller than thirty inches from the grade.

      (3)   All fence material shall be painted and kept in good repair.

      (4)   Decorative fencing shall be constructed of wood, vinyl, wrought iron, or other decorative material. Chain-line is not considered a decorative fence.

   (e)   Side Lot Line Fences.

      (1)   Side lot line fences may be erected from the rear lot line to within six feet of the front building line. The Building Official may approve an exception to allow the fence to be developed to the front building line in the case of extenuating circumstances, such as the screening of mechanical equipment a side door closer than six feet to the front of the building, etc.

      (2)   Residential lots or parcels of land adjacent to a public alley or commercial property may extend a privacy fence to the front line of such property upon determination by the Building Department that the extension is necessary to protect the residents of the property from noise, traffic, debris or other invasion of property. However, at a distance of fifteen feet from the front property line, the privacy fence must be reduced to three feet in height to accommodate clear corner site distances.

   (f)   Surveys; Mutual Agreements. Adjacent owners of lots, between which a partition fence is to be erected where no fence previously existed or where a fence exists and is to be relocated, shall obtain the services of a registered land surveyor who shall establish the partition line between such lots by installing suitable markers at the corners of said lots. A certificate of the registered surveyor indicating that the markers have been placed as required shall be presented to the Building Department before a permit to erect the fence will be issued.

   Where adjacent property owners mutually agree upon the location of a partition fence, a written statement to that effect signed by both adjoining property owners shall be presented to and approved by the Building Department in lieu of the certificate of a registered surveyor. The adjacent property owners will then be responsible for the placement of the partition fence.

   (g)   Maintenance.

      (1)   When a solid or opaque fence is constructed immediately adjacent to an existing chain-link fence it shall be the responsibility of the new fence owner to maintain the property that is located between the existing and new fence. This property shall be kept in an orderly appearance, free of weeds or other noxious plant materials.

      (2)   When the fence is adjacent to a public right-of-way, it shall be treated to minimize or eliminate the possibility of graffiti.

(Ord. 458. Passed 1-4-89; Ord. 481. Passed 7-18-90; Ord. 526. Passed 2-10-93; Ord. 724. Passed 8-15-01; Ord. 852. Passed 7-11-07.)

   No lot or parcel of land shall be used for any purpose permitted by this Zoning Code unless such lot or parcel fronts directly upon a public street, unless otherwise provided for in this Zoning Code.

(Ord. 458. Passed 1-4-89.)

   For uses making reference to this section, vehicular access shall be provided only to an existing or planned major thoroughfare or freeway service drive. However, access driveways may be permitted to other than a major thoroughfare or freeway service drive where such access is provided to a street where the property directly across the street, between the driveway and the major thoroughfare or freeway service drive, is zoned for multifamily use or any nonresidential use, is developed with permanent uses other than single-family residences or is an area which, in the opinion of the City, will be used for other than single-family purposes in the future. This exception shall apply only if the City finds that there are special circumstances which indicate that there will be a substantial improvement in traffic safety by reducing the number of driveways to a thoroughfare.

(Ord. 458. Passed 1-4-89.)

   (a)   The purpose of this section is to serve as a guideline for the establishment of a harmonious exterior building wall appearance for all the walls of a building that are designed so as to create, enhance and promote a uniform, qualitative visual environment throughout the City.

   (b)   To ensure that proper and effective attention will be given to the visual appearance of both residential and nonresidential buildings, whenever in this Zoning Code reference is made to this section or to Section 1268.04(a), all exterior building walls of all new principal buildings shall consist of the same uniform exterior building wall finish materials as the front wall of the principal building(s). All such materials used shall be recognized by the Building Department as finish materials.

   (c)   Where applicable, whenever the exterior building wall material standards set forth in this section apply, they shall be accompanied by a statement describing how the exterior building wall material or combination of materials, as set forth in this section, is consistent with the materials on a majority of the buildings in the surrounding neighborhood. For the purpose of this subsection, the following additional standards shall apply:

      (1)   When four or more new single-family or two-family dwellings are erected on contiguous lots or condominium home sites, they shall consist of face brick materials, as defined in this Zoning Code, on all exterior walls or, in the case of a two-story building, a combination of materials, as set forth in paragraph (d)(1)C. hereof. See also Section 1260.07(b)(43A) and (43B).

      (2)   In the case of three or less one, two or multiple-dwelling buildings, the surrounding neighborhood shall mean all the principal residential buildings within 300 feet, measured in all directions from the subject property lines. If no residential buildings exist within 300 feet of the subject parcel, the exterior walls of the residential building shall consist of face brick materials, as defined in this Zoning Code or, in the case of a two-story building, a combination of materials, as set forth in paragraph (d)(1)C. hereof. See also Section 1260.07(b)(43A) and (43B).

      (3)   In the case of a nonresidential building permitted in a Residential District, the exterior building walls shall consist of face brick materials, as defined in this Zoning Code. See Section 1260.07(b)(43A) and (43B).

      (4)   In the case of all other nonresidential buildings the surrounding neighborhood shall mean all nonresidential buildings within 300 feet, measured outward in all directions from the subject property lines. If no nonresidential buildings exist within 300 feet of the subject parcel, the nearest nonresidential buildings in all directions beyond 300 feet from the subject property lines shall apply.

   (d)   The following exterior building wall material standards shall apply to:

      (1)   Residential Dwellings.

         A.   The erection and maintenance of single-family detached dwellings including any additions shall not be grossly dissimilar to the exterior design, appearance and color of existing detached single-family dwellings in the surrounding area.

         B.   Second-story additions to existing one-story buildings shall consist of the same exterior building wall materials as the first floor, except that other materials may be used, provided that the materials are horizontal in appearance with no more than thirty percent vertical trim accent and are consistent with the majority of the surrounding homes in the area.

          C.   New residential buildings shall have exterior walls consisting of face brick (painting of face brick is prohibited) or a similar type of acceptable material consistent with the majority of the surrounding homes in the area. The second story of a new residential building may consist of the same exterior building wall materials as the first floor, or may consist of the same range of materials outlined in paragraph (d)(1)B. hereof for a second story.

         D.   Residential chimneys on exterior walls shall be brick or constructed of the same material as the first floor. Interior metal chimneys shall exit the roof in the rear unless approved in advance by the Building Department and must be painted to match the roofing material.

      (2)   Nonresidential Buildings.

         A.   Except where otherwise regulated in this section, the exterior building walls of a nonresidential building and any related accessory building shall consist of the exterior building wall materials and/or combinations of materials expressly permitted in this section.

         B.   The exterior building walls of a nonresidential building shall consist of the following materials or combinations thereof:

            1.   Face brick for nonresidential buildings, as defined in this Zoning Code, cut stone or field stone.

            2.   Split-face block, which shall be treated with earth tone or natural colors. The split-face block must have a rough, stone-like texture created by splitting the block during production.

            3.   Precast concrete in a form and pattern which may consist of its natural color or which may be treated with earth tone colors.

            4.   Finished cementitious materials, including finished systems and stucco, which shall be treated with earth tone colors and may be utilized in combination with approved materials in 1298.17(B) 1, 2, 3 a minimum of eight feet above grade.

            5.   Metal standing seams may be utilized for architectural exterior wall accents on canopies and mansards. Colors shall be approved by the Building Department Director.

         C.   Materials other than those specifically outlined in paragraph (d)(2)B. hereof shall be prohibited. Materials specifically prohibited include:

            1.   Concrete masonry units (CMU), such as block, pattern and fluted.

            2.   Tarred paper, tin, corrugated iron, porcelain clad and steel flat sheets.

            3.   Pressed or laminated wood products.

            4.   Similar products or materials.

         D.   If an applicant requests the use of other materials not specifically prohibited in subsection (d)(2)C. or noted as an approved material in subsection (d)(2)B., said materials shall be reviewed and approved by either the Site Plan Review Committee or Planning Commission per the requirements of Section 1298.07(i)(5). The Site Plan Review Committee or Planning Commission may approve alternative materials only when it determines that such materials will:

            1.   Be in direct harmony with the intent and purpose of this section and will stand to further promote the uniform and qualitative visual environment of the City.

            2.   Meet all applicable requirements of the City’s Building Code.

(Ord. 591. Passed 5-29-96; Ord. 719. Passed 7-18-01; Ord. 08-856. Passed 2-6-08; Ord. 08-870. Passed 8-20-08; Ord. 13-962. Passed 7-3-13; Ord. 15-972. Passed 12-16-15; Ord. 16-974. Passed 2-3-16; Ord. 23-1031. Passed 2-1-23.)

   The provisions of this section are to encourage the effective use of signs as a means of communication for a particular user or use of property in the City. It is intended to protect the public health, safety, and welfare while recognizing the legitimate need of business, industry, and other activities in attaining their identification and information objectives. Finally, the section is designed to promote the economic development and aesthetic character of the City of Southgate by regulating the construction, alteration, repair, maintenance, size, location, and number of signs. All outdoor advertising structures, awnings, billboard signs, and other notices which advertise a business, commercial venture or name of a person shall be regulated as follows:

      (1)   The intent of this section is to regulate the location, size, construction, and manner of display of signs in order to minimize their harmful effects on the public health, safety and welfare, While this section recognizes that signs are necessary to satisfy the needs of sign users for adequate identification and communication, failure to regulate them may lead to poor identification of individual businesses, deterioration and blight of the business and residential areas of the City, conflicts between different types of land use, reduction in traffic safety to pedestrians and motorists, and other impacts that are contrary to the purposes, intent, and interests identified in this section.

      (2)   The following municipal interests are considered by the City to be compelling government interests. Each interest is intended to be achieved in a manner that represents the least restrictive means of accomplishing the stated interest, and in all events is intended to promote an important government interest that would not be effectively achieved absent the regulations in this section.

      (3)   The following regulations below in this section, shall apply to all signs in the City of Southgate.

      (1)   “Abandoned sign.” Any sign used in conjunction with a business that has not been in operation for a period of at least six months.

      (2)   “Animated sign.” Any sign that uses movement or change of lighting to depict action or create a special effect or scene.

      (3)   “Awning.” Refer to “canopy or awnings” below.

      (4)   “Balloon.” A flexible, nonporous container that can be of various shapes     which is filled with a gas causing it to inflate. Often the gas is lighter than air to allow the balloon to rise and float in the atmosphere.

      (5)   “Banner.” Any lightweight fabric or similar material that is mounted to a pole or a building by a permanent frame at one or more edges, including feather flag banners.

      (6)   “Beacon.” Any light with one or more beams directed into the atmosphere or directed at one or more points not in the same zoning lot as the light source; also, any light with one or more beams that rotate or move.

      (7)   “Billboard” or “off-premise sign.'' Any sign which contains a message or advertises an establishment, product, service, space or activity not available on the lot on which the sign is located.

      (8)   “Broken sign.” A sign that is composed of individual letters fastened to a building surface or other support structure.

      (9)   “Building marker.” Any sign indicating the name of a building, date of construction, and any incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.

      (10)   “Canopy or awning.” A retractable or fixed shelter constructed of materials on a supporting framework that projects from the exterior wall of a building. A canopy or awning is placed over a door, window, entrance, outdoor service area or entire building.

      (11)   Compatible.” To be harmonious, consistent, or in keeping with the character of the surrounding environment.

      (12)   “Directional sign.” A sign that gives directions, instructions, or facility information for the use on the lot on which the sign is located, such as parking or exit and entrance signs. A directional sign is any structure erected adjacent to a street that identifies, points toward and gives the distance to any public or semi- public building, off-street parking area, recreation space, club, lodge, church, institution, business, service, entertainment, activity or event.

      (13)   “Directory sign.” A sign which indicates the tenants and their suite locations within a multi-tenant building.

      (14)   “Flag.” Cloth or similar material containing distinctive colors, patterns, or symbols used to distinguish a government, political subdivision, or other political entity.

      (15)   “Flashing sign.” A sign that employs lighting that flashes, blinks, moves, oscillates or varies in intensity more frequently than once every three seconds and is not an animated sign or a reader board sign.

      (16)   “Freestanding sign.” Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. Freestanding signs include pole and monument signs.

      (17)   “Marquee sign.” A sign placed over an entrance to a theater, museum, art gallery, hotel, motel, convention center or hall, exhibition hall or other similar use, that includes a changeable sign area that relates to the principal use on the premises and does not project horizontally beyond the marquee.

      (18)   “Message board sign,” A freestanding temporary sign typically designed as an A-frame, T-frame, menu, or sandwich board.

      (19)   “Monument sign.” A freestanding sign generally having a low profile where the base of the sign structure is on the ground independent of the building, wall, or fence but does not include a pole sign.

      (20)   “Mural.” A design or representation painted on or drawn on a wall which does not contain any promotional or commercial advertising.

      (21)   “Pennant.” Any lightweight plastic, fabric, or other material whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind.

      (22)   “Placard.” A sign that provides notices of a public nature, such as “No Trespassing” or “No Hunting” signs.

      (23)   “Permanent signs.” Any sign, which has a permanent location on the ground or which is attached to a structure having a permanent location and which meets the structural requirements for signs as established in this section and in the current Michigan Building Code.

      (24)   “Pole sign.” A freestanding sign, which is supported by one or more poles that are attached to the ground in a permanent location and is separated from the ground.

      (25)   “Portable sign.” Any sign not permanently attached to the ground or other permanent structure, as a sign designed to be transported, including but not limited to signs transported by means of wheels; including but not limited to A- or T-frames, menu and sandwich boards, and balloons, banners, or umbrellas.

      (26)   “Reader board.” A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. Also includes electronic reader board signs that can be changed or rearranged without altering the face of the surface of the sign.

      (27)   “Roof sign.” Any sign erected or constructed wholly on and over the roof of a building, supported by the roof structure.

      (28)   “Roof sign, integral.” Any sign erected or constructed as an integral part of a normal roof structure such that no part of the sign extends vertically above the highest portion of the roof and such that no portion of the sign is separated from the rest of the roof by a space of more than six inches.

      (29)   “Sign.” Any device, fixture, placard, or structure, visible from a public right-of-way, that uses any color, form, graphic, illumination, symbol, or writing to promote a service, announce the purpose of, or identify the purpose of an occupant, entity, or to convey information of any kind to the public.

      (30)   “Sign area.” That part of the sign upon, against, or through which the content is presented or illustrated; including the entire perimeter of a sign which encloses visually communicative copy such as letters, symbols, or logos, including the advertising surface and any framing, trim, or molding but not including the supporting structure.

      (31)   “Streamer.” A long, narrow strip with attached flags, pennants or banners resembling or suggesting “streaming” or “floating” in the wind.

      (32)   “Temporary sign.” Any sign that is used only temporarily and is not permanently mounted; this shall include painted window signs.

      (33)   “Valance.” That portion of a canopy/awning that hangs parallel to the building facade and is not larger than twenty-five percent (25%) of the total area of the structure and is used as a decorative heading.

      (34)   “Wall sign.” Any single faced sign that is attached directly parallel to a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or structure, this shall include permanent window signs.

      (35)   “Window sign.” Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window located on a wall or door or upon the window panes or glass and is visible from the exterior of the structure.

      (1)   No signs shall be installed in any district unless a sign permit is secured. Permits must be secured by licensed builders or registered sign companies.

      (2)   The fee schedule for signs shall be according to the fee schedule approved by Council.

      (3)   No sign shall be allowed in any part of the public right-of-way, except otherwise permitted herein.

      (4)   Any sign allowed by this section for advertising shall not advertise any other for profit business or product not sold or offered within the premise in which it is associated with.

      (5)   Sign height shall be measured by the vertical distance from the top edge of the sign area or structure, whichever is higher, from the adjacent street grade.

      (6)   No freestanding sign shall be constructed at any location where, by reason of its position, shape or color may interfere with, obstruct the view of, or be confused with an authorized traffic sign, signal or device. No sign shall make use of the words “Stop,” “Danger,” or any other traffic “caution” word, phrase, symbol, or character in such a manner as to interfere with, mislead or confuse traffic. No sign, signal, marking, devise or blinking, oscillating or rotating light shall be erected adjacent to any public right-of-way so as to create a traffic hazard.

      (7)   No freestanding sign shall be erected at an intersection of any streets in such a manner as to obstruct free and clear vision. No sign shall be located within eight feet of the ground surface in the triangle formed by the property lines paralleling the streets and extending for a distance of twenty-five feet each way from the intersection of the right-of-way lines of a corner lot.

      (8)   No person, business or entity shall display upon any sign or structure obscene or indecent matter.

      (9)   Signs, except as otherwise prohibited in this section, may be internally or externally illuminated. If externally illuminated, the source of the light shall be enclosed and directed to prevent the source of light from shining directly onto traffic or residential property. All spotlights shall be diffused or shielded so as not to shine on adjacent properties.

      (10)   No sign shall be erected, relocated, or maintained to prevent the free ingress and egress from any door, window, or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.

      (11)   Awnings, canopies, and marquee signs must maintain a minimum seven-foot clear space distance from the bottom of the structure to the grade.

      (12)   No sign shall project into a public right-of-way, except that awnings and canopies may project not more than four feet into a public right-of-way with the approval of the governmental jurisdiction in control of the right-of-way. All requests to erect an awning or canopy shall include a drawing, drawn to scale, detailing the proposed awning or canopy and a cut sheet of the proposed color(s). Material colors must be “earth tone” in nature. If the awning or canopy will contain a sign, the sign shall appear on the drawing along with a notation of the amount of sign display area in square feet, and the proposed text. The application and accompanying drawing shall be submitted to the Building Department and to any other governmental jurisdiction in control of the public right-of-way, for review and approval.

      (13)   All signs shall be constructed of durable material and in conformance with the requirements and specifications of the current Michigan Building Code, where not in conflict with this section.

      (14)   Signs, which have not been in use for a period of more than six months, including any and all previously approved variances for such signs, shall be considered abandoned signs and subject to removal proceedings. Written notice shall be given by the Building Official and action must be taken by the property owner or proprietor within thirty days of said notice.

      (15)   All signs shall be kept in workable order, with all plastic faces intact and all metal on the sign kept free of rust and painted with a rustproof paint. The Building Department shall make periodic inspections of all signs, and if any sign is found to be in a deteriorating condition, the owner shall be notified, by certified mail, to correct the same within thirty days of such notice. If such condition is not corrected within the time allotted, the Building Department is authorized to cause the sign to be removed at the expense of the property owner, agent or person having interest in the building or property. This subsection shall not be construed to alter the effect of Section 1298.20, which regulates nonconforming signs.

         A.    Permit ted to displa y the buildi ng occup ant, busine ss, or indust ry condu cted within the premises; may be painted or otherwise permanently placed flush on the awning or canopy, but only if the combination of all signs on the building front do not exceed the maximum allowable area for wall signs.

         B.   Shall maintain a minimum seven-foot clear space distance from the bottom of the structure to the grade.

         A.    Free-standing pole signs in any Commercial or Industrial District shall be not more than twenty feet in height nor more than one hundred square feet in area on each side. The bottom of such sign shall be a minimum of eight feet above the ground level.

         B.   A free-standing monument sign, not more than ten feet in height, may be a maximum of one hundred fifty square feet on each side, provided such sign is erected so as not to obscure pedestrian traffic at driveways and approaches. Where more than one establishment is connected together (as in a shopping center) only one free-standing sign will be allowed.

         C.   The developer shall make arrangements during construction to provide a central location for a free-standing sign, with a minimum of three-fourths inch galvanized conduit from each establishment to the proposed sign footing base.

         A.   One principal wall sign shall be permitted for each wall containing an entrance designed and intended for public (customer) access. A principal wall sign shall not exceed one hundred square feet in total display area, except that the display area of a principal wall sign may be increased one square foot for every three feet or fraction thereof that the wall to which the sign is to be attached sets back behind the minimum setback requirement of the district, up to a maximum of two hundred fifty square feet, or up to a maximum display area of ten percent (10%) of the total area of the wall to which the sign is to be attached, including all doors and windows in the wall, whichever shall result in the lesser amount.

         B.   Additional accessory wall signs (excluding directional signs) may be attached to any wall at the discretion of the applicant. The display area for all such signs shall be a maximum of one hundred total square feet. The total square feet of display area may be increased by one square foot for every five feet or fraction thereof that the wall or walls to which these signs are to be attached sets back behind the minimum setback requirement of the district, up to a maximum of one hundred fifty square feet, or up to a maximum display area of 5% of the total area of the wall to which a sign or signs are to be attached, including all doors and windows in the wall, whichever shall result in the lesser amount.

         C.   No wall sign shall extend above the roof line of the building to which it is attached.

         D.   No sign that is mounted along the face of the building on the premises shall project or overhang the wall or any permanent architectural feature.

         A.   Animated and reader board signs are permitted provided the message content display-area does not change more than one time per every three second period. Any reader board sign that changes its content message more frequently than once every three seconds shall be considered a flashing sign.

         B.   Background display areas may have continuous movement, for example a digital waving flag, provided that the display area is not flashing or blinking.

         C.   The maximum area of an electronic message board sign shall not exceed sixty-five square feet.

         D.   All animated or internally illuminated signs must bear the emblem of a nationally recognized testing laboratory.

         E.   Digital display area size shall not exceed thirty square feet in area, for each sign face of such sign, unless the sign is located more than fifty feet behind the property line, then said sign may be increased by five additional square feet for each additional ten feet of setback, but in no event shall such sign exceed fifty square feet in area for each sign face of such sign.

         F.   Electronic changeable messages shall be part of the total square footage of display area permitted for the sign even if the message is contained in a separate cabinet, except the face of the message shall not consume more than sixty percent (60%) of the total permitted display are of the sign.

         G.   The intensity of the display on any variable electronic message sign shall not exceed the levels specified in Table 1:

            TABLE 1:

 

 

         A.   Murals may not be placed on the primary facade or side of a building facing a major roadway or on the same wall as a commercial sign.

         B.   Murals shall be maintained in good repair, free from damaged conditions such as peeling paint or damage due to age, weather, vandalism or the like. Maintenance of mural must conform to the original design and size. Murals in need of repair may also be removed entirely or painted over.

         C.   Prior to installation of a mural, the property owner (or tenant with written permission of the property owner) shall apply for a mural permit. The completed application shall be forwarded to the Building Department, who shall conduct an administrative review of the application and design for compliance with this section.

         D.   Murals shall not contain words (in any language), symbols or representations that are obscene, offensive, derogatory, and/or of a political nature.

         E.   Only one mural per wall will be permitted.

         F.   Expansions or modifications of an existing mural must go through the application and review process, as outlined in this section, prior to mural installation.

         G.   Murals are prohibited on non-conforming uses.

         H.   Mural dimensions shall be submitted with the application in a square or rectangular format.

         I.   Applicants must provide a colored rendering as part of the application and the color(s) used must represent the actual color(s) of the full-scale mural.

         J.   Once the Building Department has reviewed an application for compliance with this section and granted administrative approval, the Planning Commission shall review mural design for final approval.

         K.   A denied applicant may file an appeal to the Board of Zoning Appeals for review within fourteen days of a formal decision made by the Planning Commission. The Board of Zoning Appeals shall review the decision based on the criteria set forth herein.

      (1)   Any sign for which a proprietor has not received a sign permit, unless specifically exempt.

      (2)   Strings of light bulbs, pennants, balloons, streamers, banners, beacons, or other portable signs are prohibited, except as allowed in subsection (i) hereof.

      (3)   Signs that employ any flashing, moving, oscillating, blinking, or variable intensity of light, and are not either an animated or reader board sign.

      (4)   Roof signs and integral roof signs.

      (5)   Billboard signs.

      (6)   Signs affixed to a vehicle. Vehicles with signs attached are permitted if used in the day-to-day operation of the business. At the close of the business, the vehicle must either be removed from the property or parked within the loading/unloading zone. If no loading zone exists, the vehicle must be parked at a point on the site not readily visible from the public rights-of-way when not in use. The vehicle must be currently licensed and in operable condition.

      (7)   Temporary window signs that exceed twenty-five percent (25%) of the area of the window and door on which such signs are located.

      (8)   Any notice, placard, bill, card, poster, sticker, sign, advertising or other device calculated to attract the attention of the public which any person posts, prints, sticks, stamps, tacks or otherwise affixes, or causes the same to be done to or upon any street, right-of-way, public sidewalk, crosswalk, curb, hydrant, tree, telephone pole, or upon any fixture of the police or fire alarm system of the City is prohibited.

      (1)   The following signs are exempt from the regulations of this section, including sign permits, but shall comply in all other respects with the regulations set forth herein:

         A.   Legal notices, identification, information, or directional sign erected, or required by a government agency.

         B.   Historic markers placed under the authority of the local, state, or federal government.

         C.   Essential service signs.

         D.   Placards not exceeding two square feet.

         E.   Building marker not exceeding two square feet.

         F.   Flags.

         G.   Decorative, seasonal, or temporary signs displayed by the City of Southgate. Such displays shall be only in commemoration of a national holiday or varied civic purpose of public interest.

         H.   Signs erected by a government agency.

      (2)   Prior to a scheduled election, the following applies for a period of ninety days prior to and thirty days after a designated election day on which there is at least one ballot item: the maximum allowable area of temporary signs shall be sixty-four square feet per premise in all districts. The maximum area of an individual sign remains.

      (3)   A.   In residential areas, signs identifying properties for sale, lease, or rent provided the sign does not exceed six square feet in area for a single surface area or twelve square feet for signs of two or more faces or a height of four feet nor shall there be more than two signs on any one lot.

         B.   In all other districts, a sign identifying properties for sale, lease, or rent shall not have a surface area greater than thirty-two square feet for a single surface area or sixty–four square feet for signs of two or more faces. Only signs for industrial properties are permitted within 500 feet of a freeway, provided that such signs are used during the construction of a building or the offering for sale or rental of real estate, and provided, further, that they are not larger than ten square feet in area. Such signs shall be removed within ten days following the sale, lease, or rent of the property.

      (1)   One freestanding sign with a maximum display area per side of sixty square feet and a maximum height of six feet, measured from the base of the sign on the ground to the highest point of the sign structure, shall be permitted.

      (2)   One wall sign per street frontage shall be permitted. Such sign shall not exceed twenty-five square feet in total display area per sign and shall be affixed flat against a wall or engraved into a wall or portico of a building.

      (3)   Additional directional or identification type name plate signs, affixed flat against a wall or door, shall be permitted. Such signs shall not exceed a total of twelve square feet of display area per sign, nor exceed six inches in height.

      (4)   Freestanding signs and wall signs may be illuminated.

      (1)   One temporary sign is allowed, provided the sign is no larger than thirty-two square feet for a single surface area or sixty-four square feet for signs of two or more faces and is displayed for no more than two weeks prior to the event or activity and that it be removed within twenty-four hours of the conclusion of the event or activity.

      (2)   Temporary event signs are allowed for residential properties provided they are not placed in the public right-of-way and do not exceed six square feet for a single surface area or twelve square feet for signs of two or more faces. Garage and yard-sale signs shall be removed within twenty-four hours of the conclusion of the event or activity.

      (3)   Temporary promotional signs typically associated with uses where at least fifty-one percent (51%) of inventory is designed for the outdoor display and sale of merchandise on a yearround basis shall be exempt. This exemption shall only apply to promotional signs and/or devices that relate to the sale of the merchandise which is located on the lot. This exemption shall not be interpreted to include large scale inflatable devices (such as inflatable rooftop balloons or characters), strobes, spotlights, beacons, or signs that display any flashing or moving lights, or painted signs. Temporary promotional signs for these specific uses shall comply with all applicable general provisions of this section.

      (4)   Portable signs, not larger than forty-eight square feet and the temporary display of banners or pennants events may be installed in any C-l, C-2 or C-3 District, and shall meet the following criteria:

         A.   Eight individual permits may be requested throughout the calendar year. Each permit shall be for a period of seven consecutive days. These permits may be spread out throughout the calendar year or requested in larger increments. For example, if a two-week display is needed, two permits will be required.

         B.   A permit must be secured from the Building Department and the appropriate fee paid prior to installation.

         C.   All portable signs must comply with this section.

         D.   All portable signs shall be located on the property accessory to and cannot interfere with the vision of pedestrians or traffic.

         E.   If a portable sign is to be illuminated, the temporary connection shall meet the requirements of the National Electrical Code. Each portable, illuminated sign shall be protected by a ground fault circuit interrupter. Temporary cord connections to buildings or other means must be approved by the Electrical Inspector prior to energizing the sign. All temporary cords must be a minimum of No. 14 gauge wire.

      (5)   Temporary window signs. Each business establishment shall be permitted temporary window signs, provided that such signs do not exceed twenty-five percent (25%) of the area of any single window or of adjoining windows on the same frontage. This provision is not intended to restrict signs utilized as part of a window display of merchandise when such signs are incorporated within such display.

      (6)   Freestanding message board signs. One message board sign which display daily specials or promotions of the associated business may be utilized throughout the calendar year provided the following conditions are met:

         A.   No other temporary signs (including but not limited to portable; banners; pennants; streamers; signs transported by means of wheels; additional A- or T- frames; additional menu and sandwich boards; balloons; or umbrellas used for advertising; and signs attached to or painted on vehicles) shall be requested or utilized by the establishment.

         B.   Total height of the sign shall not exceed four feet and the total sign display area shall not exceed twenty-four inches by thirty-six inches.

         C.   The message board sign shall only be displayed during regular business hours and must be removed and appropriately stored within the business at the close of the business each day.

         D.   The message board sign shall be located on the property accessory to and shall not impede pedestrian or vehicular traffic. At no time shall the message board be allowed within required parking spaces or public rights-of-way, which includes public sidewalks.

         E.   The message board sign shall be properly anchored to the ground to avoid movement and ensure the public health, safety, and welfare.

         F.   The message board shall meet all the general provisions of this section as outlined in subsection (b) hereof.

         G.   A plot plan of the site indicating where the temporary message board sign will be placed shall be submitted to the Building Department as part of the permitting process. The location of the message board sign will be approved by the Building Department and shall be always adhered to by the applicant.

   (i)   Any sign not expressly permitted in this section is hereby prohibited.

(Ord. 458. Passed 1-4-89; Ord. 476. Passed 3-29-90; Ord 480. Passed 7-18-90; Ord. 486. Passed 11-7-90; Ord. 489. Passed 1-30-91; Ord 542. Passed 1-12-94; Ord. 606. Passed 3-5-97; Ord. 649. Passed 11-12-97; Ord. 658. Passed 6-24-98; Ord. 666. Passed 7-22-98; Ord. 781. Passed 6-18-03; Ord. 832. Passed 10-4-06; Ord. 835. Passed 11-15-06; Ord. 844. Passed 2-21-07; Ord. 08-858. Passed 2-20-08; Ord. 859. Passed 2-20-08; Ord. 860. Passed 2-20-08; Ord. 09-893. Passed 12-16-09; Ord. 09-895. Passed 1-6-10; Ord. 10-913. Passed 8-4-10; Ord. 957. Passed 12-19-12; Ord. 13-963. Passed 7-3-13; Ord. 23-1037. Passed 9-20-23.)

   No use otherwise allowed shall be permitted within any district set forth in this Zoning Code, which use does not conform to applicable performance standards pertaining to the limitation of smoke, dust, dirt, fly ash, chemical propellants, glare, radioactivity, fire, explosive hazards, noise, vibration, odors and wastes as set forth and regulated by County, State or Federal laws.

(Ord. 458. Passed 1-4-89; Ord. 23-1037. Passed 9-20-23.)

   The lawful use of a sign exactly as the sign existed on the date of adoption of this amendment, may be continued, except as otherwise provided in this chapter, although that sign does not conform with this chapter. It is the intent of this chapter, however, to recognize the prompt elimination, as expeditiously as is reasonable, of such lawful nonconforming signs. A non conforming sign:

   (a)   Shall not be altered in any fashion to prolong the life of the sign or to change the shape, size, type, or design of the sign.

   (b)   Shall not be re-established after the activity, business, or usage to which it relates has been discontinued, closed, or sold.

   (c)   Shall not be re-established after having been damaged or destroyed if the estimated expense of reconstruction exceeds 50% of the replacement cost as determined by the Building Official.

   (d)   Shall not have any changes to the content displayed on the sign unless the sign is a changeable message board sign or substantially similar type of sign designed for periodic change of the sign message.

Ord. 531. Passed 6-30-93; Ord. 23-1037. Passed 9-20-23.)

   (a)   The purpose of this section is to serve as a guideline for the placement of security bars at entrances and windows of a building.

   (b)   At no time shall the placement of security bars at entrances or windows interfere with ingress/egress of the building.

   (c)   Security bars will meet all City Building Codes relating to health, safety and welfare.

   (d)   The following standards shall apply to:

      (1)   Residential dwellings.

         A.   Exterior mounted window security bars shall be prohibited. Interior mounted window bars shall meet all City Building Codes.

         B.   Security bars placed at doorways shall be constructed of iron, steel or aluminum, which will be treated to withstand weather conditions.

         C.   Security bars placed at doorways shall be ornamental in design and shall be painted to match the color of the dwelling unit.

         D.   At no time will rolling, retractable mesh or solid security gates be allowed in a residential district.

      (2)   Commercial buildings.

         A.   Exterior mounted window security bars shall be prohibited.

         B.   Interior mounted door and window security bars or similar devices shall meet all City Building Code requirements, must be screened from view from the exterior of the building and from the public right-of-way, and must be locked in the open position during business hours.

(Ord. 718. Passed 7-18-01.)

   (a)   The proprietor of new developments or redevelopments shall make arrangements for all utility service lines distributed by wire or cable to be placed underground within the site. Such conduits or cables shall be placed within either private easements provided to such service companies or within dedicated public ways.

   (b)   Where overhead utility lines currently exist, the proprietor of the development shall place all existing utilities underground. If the proprietor is unable to place the existing utilities underground because of specific requirements or conditions of the utility company, the specific reasons with documentation from the utility company, must be made in writing to the Planning Commission at the time of site plan approval for review. The Planning Commission will take this information into consideration prior to taking action with regards to the site plan.

   (c)   All such facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. All such facilities shall be constructed in accordance with standards of construction approved by the Michigan Public Service Commission. All drainage and underground utility installations which traverse privately owned property shall be protected by easements granted by the proprietor.

(Ord. 831. Passed 8-23-06.)