No building or structure, or part thereof, shall hereafter be erected, constructed or altered and maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this [zoning] ordinance.

Whenever any provision of this [zoning] ordinance imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this [zoning] ordinance shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this title, then the provision of such ordinance shall govern.

Because the uses or activities referred to in this section possess unique characteristics making it impractical to include them in a specific use district classification, they may be permitted under the conditions specified.

These uses or activities require special consideration since they service an area larger than the city or require sites creating problems of control with reference to abutting use districts. Reference to those uses falling specifically within the intent of this section is as follows:

(A)

Wireless telecommunication towers and antennas.

(1)

Purpose. The purpose of this [zoning] ordinance is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this [zoning] ordinance are to:

(a)

Protect residential areas and land uses from potential adverse impacts of towers and antennas;

(b)

Encourage the location of towers in nonresidential areas;

(c)

Minimize the total number of towers throughout the community;

(d)

Strongly encourage the joint use of new and existing tower sites as a primary option rather than constructions of additional single-use towers;

(e)

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(f)

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

(g)

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

(h)

Consider the public health and safety of communication towers; and

(i)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the City of Sturgis shall give due consideration to its master plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

(2)

Definitions. As used in this [zoning] ordinance, the following terms shall have the meanings set forth below:

(a)

[The term] "alternative tower structure" means manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

(b)

[The term] "antenna" means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

(c)

[The term] "backhaul network" means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

(d)

[The term] "FAA" means the Federal Aviation Administration.

(e)

[The term] "FCC" means the Federal Communications Commission.

(f)

[The term] "height" means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

(g)

[The term] "preexisting towers and preexisting antennas" means any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this [zoning] ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

(h)

[The term] "tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

(3)

Applicability.

(a)

New towers and antennas. All new towers or antennas in the City of Sturgis shall be subject to these regulations, except as provided in [sub]sections (3)(b) through (d) [of this section], inclusive.

(b)

Amateur radio station operators/receive only antennas. This [zoning] ordinance shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.

(c)

Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this [zoning] ordinance, other than the requirements of [sub]sections (4)(f) and (4)(g) [of this section].

(d)

AM array. For purposes of implementing this [zoning] ordinance, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

(4)

General requirements.

(a)

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

(b)

Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

(c)

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the building department an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the City of Sturgis or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The building department may share such information with other applicants applying for administrative approvals or special use permits under this [zoning] ordinance or other organizations seeking to locate antennas within the jurisdiction of the City of Sturgis, provided, however that the building department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(d)

Aesthetics. Towers and antennas shall meet the following requirements:

(1)

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

(2)

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

(3)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(e)

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

(f)

State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this [zoning] ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(g)

Building codes: safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City of Sturgis concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(h)

Measurement. For purposes of measurements, tower setbacks and separation distances shall be calculated and applied to facilities located in the City of Sturgis irrespective of municipal and county jurisdictional boundaries.

(i)

Not essential services. Towers and antennas shall be regulated and permitted pursuant to this [zoning] ordinance and shall not be regulated or permitted as essential services, public utilities, or private utilities.

(j)

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by jaw for the construction and/or operation of a wireless communication system in the City of Sturgis have been obtained and shall file a copy of all required franchises with the building department.

(k)

Public notice. For purposes of this [zoning] ordinance, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in [sub]section (7)(b)(5)(ii) [of this section], Table 2, in addition to any notice otherwise required by the zoning ordinance.

(l)

Signs. No signs shall be allowed on an antenna or tower.

(m)

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of [sub]section (A)(8) [of this section].

(n)

Multiple antenna/tower plan. The City of Sturgis encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

(5)

Permitted uses.

(a)

General. The uses listed in this Section are deemed to be permitted uses and shall not require administrative approval or a special use permit.

(b)

Permitted uses. The following uses are specifically permitted:

(1)

Antennas or towers located on property owned, leased, or otherwise controlled by the City of Sturgis provided a license or lease authorizing such antenna or tower has been approved by the City of Sturgis.

(6)

Administratively approved uses.

(a)

General. The following provisions shall govern the issuance of administrative approvals for towers and antennas.

(1)

The building department may administratively approve the uses listed in this section.

(2)

Each applicant for administrative approval shall apply to the building department providing the information set forth in [sub]sections (A)(7)(b)(1) and (A)(7)(b)(3) [of this section] of this [zoning] ordinance and a nonrefundable fee as established by resolution of the Sturgis City Commission to reimburse the City of Sturgis for the costs of reviewing the application.

(3)

The building department shall review the application for administrative approval and determine if the proposed use complies with [sub]sections (A)(4)(7)(b)(4) and (A)(7)(b)(5) [of this section] of this [zoning] ordinance.

(4)

The building department shall respond to each such application within 60 days after receiving it by either approving or denying the application. If the building department fails to respond to the applicant within said 60 days, then the application shall be deemed to be approved.

(5)

In connection with any such administrative approval, the building department may, in order to encourage shared use, administratively waive any zoning district setback requirements in [sub]section (A)(7)(b)(4) [of this section] or separation distances between towers in [sub]section (A)(7)(b)(5) [of this section] by up to 50 percent.

(6)

In connection with any such administrative approval, the building department may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.

(7)

If an administrative approval is denied, the applicant shall file an application for a special use permit pursuant to [sub]section (A)(7) [of this section] prior to filing any appeal that may be available under the zoning ordinance.

(b)

List of administratively approved uses. The following uses may be approved by the building department after conducting an administrative review:

(1)

Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any industrial zoning district.

(2)

Locating antennas on existing structures or towers consistent with the terms of subsections (a) and (b) [(A)(6)(b)(2)(a) and (A)(6)(b)(2)(b) of this section] below.

(a)

Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the building department as an accessory use to any commercial, industrial, professional, institutional, or multifamily structure of eight or more dwelling units, provided:

(i)

The antenna does not extend more than 30 feet above the highest point of the structure;

(ii)

The antenna complies with all applicable FCC and FAA regulations; and

(iii)

The antenna complies with all applicable building codes.

(b)

Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the building department and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

(i)

A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the building department allows reconstruction as a monopole.

(ii)

Height.

(a)

An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the collocation of an additional antenna.

(b)

The height change referred to in subsection [(A)(6)(b)(2)(b)](ii)(a) [of this section] may only occur one time per communication tower.

(c)

The additional height referred to in subsection [(A)(6)(b)(2)(b)](ii)(a) [of this section] shall not require an additional distance separation as set forth in [sub]section (A)(7). The tower's premodification height shall be used to calculate such distance separations.

(iii)

Onsite location.

(a)

A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved onsite within 50 feet of its existing location.

(b)

After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

(c)

A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to [sub]section (A)(7)(b)(5) [of this section]. The relocation of a tower hereunder shall in no way be deemed to cause a violation of [sub]section (A)(7)(b)(5).

(d)

The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in [sub]section (A)(7)(b)(5) [of this section] shall only be permitted when approved by the building department.

(3)

New towers in nonresidential zoning districts. Locating any new tower in a nonresidential zoning district other than industrial, provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the building department concludes the tower is in conformity with the goals set forth in [sub]section (A)(1) [of this section] and the requirements of [sub]section (A)(4) [of this section]; the tower meets the setback requirements in [sub]section (A)(7)(b)(4) [of this section] and separation distances in [sub]section (A)(7)(b)(5) [of this section]; and the tower meets the following height and usage criteria:

(i)

For a single user, up to 90 feet in height;

(ii)

For two users, up to 120 feet in height; and

(iii)

For three or more users, up to 150 feet in height.

(4)

Locating any alternative tower structure in a zoning district other than industrial that in the judgment of the building department is in conformity with the goals set forth in section (A)(1) of this [zoning] ordinance.

(5)

Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

(7)

Special use permits.

(a)

General. The following provisions shall govern the issuance of special use permits for towers or antennas by the planning board:

(1)

If the tower or antenna is not a permitted use under section 1.1405 of this [zoning] ordinance or permitted to be approved administratively pursuant to section 1.1406 of this [zoning] ordinance, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

(2)

Applications for special use permits under this Section shall be subject to the procedures and requirements of article VI, section[s] 1.0601 and 1.0602 of the zoning ordinance, except as modified in this section.

(3)

In granting a special use permit, the planning board may impose conditions to the extent the planning board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

(4)

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

(5)

An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the Sturgis City Commission to reimburse the City of Sturgis for the costs of reviewing the application.

(b)

Towers.

(1)

Information required. In addition to any information required for application for special use permits pursuant to article VI of the zoning ordinance, applicants for a special use permit for a tower shall submit the following information:

(i)

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), master plan classification of the site and all properties within the applicable separation distances set forth in [sub]section (A)(7)(b)(5) [of this section], adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the building department to be necessary to assess compliance with this [zoning] ordinance.

(ii)

Legal description of the parent tract and leased parcel (if applicable).

(iii)

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned property.

(iv)

The separation distance from other towers described in the inventory of existing sites submitted pursuant to [sub]section (A)(4)(c) [of this section] shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

(v)

A landscape plan showing specific landscape materials.

(vi)

Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

(vii)

A description of compliance with [sub]sections (A)(4)(c), (d), (e), (f), (g), (j), (l), and (m), (A)(7)(b)(4), (A)(7)(b)(5) [of this section] and all applicable federal, state or local laws.

(viii)

A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

(ix)

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

(x)

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

(xi)

A description of the feasible location(s) of future towers or antennas within the City of Sturgis based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

(2)

Factors considered in granting special use permits for towers. In addition to any standards for consideration of special use permit applications pursuant to article VI of the zoning ordinance, the planning board shall consider the following factors in determining whether to issue a special use permit, although the planning board may waive or reduce the burden on the applicant of one or more of these criteria if the planning board concludes that the goals of this [zoning] ordinance are better served thereby:

(i)

Height of the proposed tower;

(ii)

Proximity of the tower to residential structures and residential district boundaries;

(iii)

Nature of uses on adjacent and nearby properties;

(iv)

Surrounding topography;

(v)

Surrounding tree coverage and foliage;

(vi)

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(vii)

Proposed ingress and egress; and

(viii)

Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in [sub]section (A)(7)(b)(3) [of this section] of this [zoning] ordinance.

(3)

Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the planning board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the planning board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

(i)

No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

(ii)

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(iii)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(iv)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or. structures would cause interference with the applicant's proposed antenna.

(vii)

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(4)

Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required; provided, however, that the planning board may reduce the standard setback requirements if the goals of this [zoning] ordinance would be better served thereby:

(i)

Towers must be setback a distance equal to at least 75 percent of the height of the tower from any adjoining lot line.

(ii)

Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

(5)

Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the planning board may reduce the standard separation requirements if the goals of this [zoning] ordinance would be better served thereby.

(i)

Separation from off-site uses/designated areas.

(a)

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

(b)

Separation requirements for towers shall comply with the minimum standards established in Table 1.

TABLE 1

(ii)

Separation distances between towers.

(a)

Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.

TABLE 2

Existing Towers—Types

(6)

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device; provided however, that the planning board may waive such requirements, as it deems appropriate.

(7)

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the planning board may waive such requirements if the goals of this [zoning] ordinance would be better served thereby.

(i)

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscape strip at least four feet wide outside the perimeter of the compound.

(ii)

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.

(iii)

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

(8)

Buildings or other equipment storage.

(a)

Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

(1)

The cabinet or structure shall not contain more than 175 square feet of gross floor area or be more than 14 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 100 square feet of gross floor area or eight feet in height, shall be located on the ground and shall not be located on the roof of the structure.

(2)

If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10 percent of the roof area.

(3)

Equipment storage buildings or cabinets shall comply with all applicable building codes.

(b)

Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

(1)

In residential districts, the equipment cabinet or structure may be located:

(i)

In a front or side yard provided the cabinet or structure is no greater than three feet in height or 16 square feet of gross floor area and the cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42 to 48 inches and a planted height of at least 36 inches.

(ii)

In a rear yard, provided the cabinet or structure is no greater than four feet in height or 25 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.

(2)

In commercial or industrial districts the equipment cabinet or structure shall be no greater than 14 feet in height or 175 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.

(c)

Antennas located on towers. The related unmanned equipment structure shall not contain more than 175 square feet of gross floor area or be more than 14 feet in height, and shall be located in accordance with the minimum yard requirement of the zoning district in which located.

(d)

Modification of building size requirements. The requirements of [sub]sections (A)(7)(b)(8)(a) through (A)(7)(b)(8)(c) [of this section] may be modified by the building department in the case of administratively approved used or by the planning board in the case of uses permitted by special use to encourage collocation.

(9)

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the City of Sturgis notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 day[s] shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(10)

Nonconforming uses.

(a)

Not expansion of nonconforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this [zoning] ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure.

(b)

Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such Preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this [zoning] ordinance.

(c)

Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding [sub]section (A)(7)(b)(9) [of this section], bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in [sub]section (A)(7)(b)(4) and (A)(7)(b)(5) [of this section]. The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in [sub]section (A)(7)(b)(9) [of this section].

(1)

Glide path area designated. The glide path area shall be all land lying within 300 feet of the centerline of any runway shown on the adapted airport master plan, as well as all land within 300 feet of the centerline as extended 2,000 feet beyond the ends of the runway.

(2)

State regulations to apply. State requirements concerning the permitted height of buildings, lighting of elevated structures, placement of aboveground essential services, the location of institutional uses involving the congregation of people, and other similar regulations, shall be complied with in the designated glide path area.

(3)

Public congregation. No public building, playground, institutional use, or other place of public congregation shall be permitted within the glide path area.

(4)

Building locations. No accessory building shall be permitted within 25 feet of centerlines projected as described in [sub]section (1) [of this section]. No principal building shall be permitted within 35 feet therefrom.

(A)

Accessory building or accessory structures in any district.

(1)

No accessory building or accessory structure may be permitted on a lot which does not contain a principal use or principal building.

(2)

No accessory building or accessory structure shall be placed in any required front or side yard.

(3)

Accessory buildings shall be no closer than ten feet to any other building on the same lot unless:

i.

A one hour fire separation is provided as per the Michigan Building Code between the accessory building and other buildings.

ii.

It is one of the following:

a.

Dog houses.

b.

Pergolas.

c.

Play houses.

d.

Pump houses.

e.

Accessory buildings similar to the above.

iii.

It is an accessory building 200 square feet or less; in this case it shall be a minimum of three feet from any other building on the same lot.

iv.

As specified elsewhere in the zoning ordinance or City Code of Ordinances.

(4)

Swimming pools shall be no closer than ten feet to any building on the same lot unless:

i.

It is one of the following:

a.

Dog houses.

b.

Pergolas.

c.

Play houses.

d.

Pump houses.

e.

Accessory buildings similar to the above.

(5)

An accessory building or accessory structure 200 square feet or less located in a rear yard shall not be closer than three feet to any lot line unless specified elsewhere in the zoning ordinance or City Code of Ordinances; accessory buildings or accessory structures greater than 200 square feet located in a rear yard shall be no closer than ten feet to any lot line unless specified elsewhere in the zoning ordinance or City Code of Ordinances.

(6)

Residential kennels shall be no closer than six feet to the principal building on the same lot and no closer than six feet to the lot line.

(B)

Accessory building or accessory structures in a residential district. In addition to the requirements of subsection (A) of this section, the following restrictions shall apply to accessory buildings or accessory structures in residential districts.

(1)

Accessory buildings or accessory structures shall not exceed 14 feet in height with the exception of satellite systems, antenna systems, solar panels, wind generators or similar structures. If these structures are installed as a stand-alone structure, they shall not exceed 20 feet in height. If these structures are installed atop a building or structure, they shall not exceed the maximum height as per table 1.0501.—Table - Schedule of Regulations.

(2)

A private garage or a portion thereof may be rented or leased for not more than two motor vehicles, of the noncommercial type, to persons not residing in the dwelling on the lot.

(3)

The total square footage of all accessory buildings shall not exceed the square footage of the ground or first floor area of the principal building including an attached garage with a foundation and roof.

(4)

When an accessory building in any residential district is intended for other uses than the storage of private motor vehicles, the uses proposed for the accessory building must be compatible with the uses permitted within the subject district.

(5)

Accessory buildings exceeding 200 square feet must be provided with exterior finish materials similar to the principal building on the lot. Examples include roofing and siding materials. These items shall be of the same or similar, compatible colors to the principal building. An alternate roofing or siding material may be substituted if the color(s) is compatible with the principal building. They shall be built with architecture and materials that reasonably compliment the architecture and materials of the dwelling.

(6)

Canopy and tarp like structures are not permitted unless used as outdoor furniture. These items may be used from the months of April through October if maintained in good condition and used in the manner they were designed.

(7)

Dog houses shall not exceed six feet in height and 20 square feet in area.

(8)

There shall be no more than two accessory buildings on any one parcel excluding play houses, dog houses, or buildings of similar uses.

(9)

If a lot area exceeds 125 percent of the minimum lot size required in the district, a property owner may request consideration from the planning commission for additional accessory building square footage greater than what this zoning ordinance allows, subject to the following conditions:

i.

The request and review by the planning commission shall follow the requirements of section 1.0602 of this zoning ordinance.

ii.

The maximum lot coverage for accessory structures shall not exceed ten percent of the total lot area.

iii.

All other standards pertaining to accessory structures, as outlined in this section, shall apply unless approved by the planning commission.

(C)

Repair of vehicles in residential districts.

(1)

A resident may repair vehicles of the resident on the property of the resident's dwelling unit; however, in no instance shall a resident repair the vehicles of other than a resident of the dwelling unit on said property and such repair shall be conducted in not to exceed seven consecutive days in any 30-day period.

(Ord. of 1-9-2019(1); Ord. of 12-9-2020(2) )

(A)

Walls. For those use districts and uses listed in Table 1.1106A, there shall be provided and maintained on those sides abutting or adjacent to a residential district an obscuring wall in character with the abutting residential area and as required herein.

(1)

The planning board may, in its review of site plans for specific uses, allow or require the provision of an earth berm and/or a greenbelt planting consisting of trees and shrubs to serve as an obscuring wall, where such obscuring walls are required under this [zoning] ordinance, and where conditions are such that a more effective and harmonious development with abutting or neighboring land uses would result. Review and approval shall be required by the planning board of types of plant materials and their location in such greenbelt.

(2)

Required walls shall be located on the lot line except where underground utilities interfere and except in instances where this [zoning] ordinance requires conformance with front yard setback lines in abutting residential districts. Upon review of the site plan, the planning board may approve a reduction in height requirements or may approve an alternate location for the wall or may waive the wall requirement if in specific cases it would not serve the purposes of screening the parking area effectively. Required walls may, upon approval of the planning board, be located on the opposite side of an alley right-of-way from a nonresidential zone that abuts a residential zone when mutually agreeable to affected property owners. The continuity of the required wall or, a given block will be a major consideration of the planning board in reviewing such request.

(3)

Walls and screening barriers shall have no openings for vehicular traffic or other purposes, except as otherwise provided in this [zoning] ordinance and such openings as may be approved by the building official. All walls required under this [zoning] ordinance shall be durable, weather-resistant, rustproof, and shall be maintained by the property owner or tenant at all times equal in condition to the completed structure at the time of initial installation.

(4)

Walls may be constructed with opening which do not in any square section (height and width) exceed 20 percent of the surface. Where walls are so pierced, the openings shall be so spaced as to maintain the obscuring character required, and shall not reduce the minimum height requirement. The arrangement of the openings shall be reviewed and approved by the building official.

(5)

The city may require that suitable maintenance guarantee be provided for the continued maintenance of walls required under this title.

TABLE 1.1106A

*The planning board may permit wood, vinyl, composite or metal screening or landscape materials where such material provides a suitable compatibility with abutting uses. In those instances where a residential property exists in one of the above districts, materials other than masonry may be utilized by the residential property owner to screen or enclose such property from abutting nonresidential uses.

(B)

Fences or walls in all nonresidential districts.

(1)

In B-OS districts (business office service), fences up to six feet in height are permitted in rear and side yards. Fences not more than 50 percent solid and not more than four feet in height are permitted in required front yards. Fences in the front yard shall not be chainlink or of wire construction.

(2)

Chainlink fences not more than six feet in height may be placed in any yard in M (manufacturing) or B-H (business highway) districts. All parking areas for commercial or industrial district uses shall be screened on all sides abutting or across a street or alley from a residential district.

(3)

Chainlink fences in the M (manufacturing) district may have an additional two feet in height added for security fence.

(4)

Fences or walls in the B-C central business district are permitted for the following uses, with regulations as specified in Table 1.1106A.

a.

Screening of trash dumpsters.

b.

Screening of parking areas.

c.

Outdoor gathering areas.

d.

Public facilities and public use locations.

(5)

Clear vision must be maintained on all drives, streets and sidewalks. All fences or walls must be located on the property line except as required for loading areas as specified in section 1.0903.

(6)

Fence support structures or devices must be on the permit holder's side of the fence, with the finished side of the fence facing the adjacent property (see Figure 1.1105B).

(7)

Fences shall not contain electric current or charge of electricity.

(C)

Fences or walls in all residential districts.

(1)

Fences or retaining walls may be located along the property line.

(2)

Fences on lots in all residential districts which enclose property and/or are within a side or rear yard shall not exceed six feet in height, measured from the surface of the ground and shall not extend toward the front of the lot nearer than the front of the house or the required minimum front yard, whichever is greater.

(3)

Fences shall not contain barbed wire, electric current or charge of electricity.

(4)

Ornamental fences within the front yard shall not exceed 36 inches in height, and clear vision must be maintained on corner lots in accord with section 1.1106. Privacy fences are not permitted in the front yard area.

(5)

Fences which enclose public or institutional parks, playgrounds or public landscaped areas, situated within an area developed with recorded lots, shall not exceed eight feet in height, measured from the ground, and shall not obstruct vision to an extent greater than 25 percent of their total area.

(6)

Fence supports or devices must be on the permit holders side of the fence, with the finished side of the fence facing the adjacent property. (See Figure 1.1105B.)

(7)

Clear vision must be maintained on all drives, streets and sidewalks.

Figure 1.1105B

(Ord. of 11-11-2015; Ord. of 3-9-2022(1) ; Ord. of 7-27-2022 )

(a)

No fence, wall, shrubbery, sign or other obstruction to vision above a height of two feet from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines at a distance along each line of 25 feet from their point of intersection, nor shall such obstruction to vision be permitted at the intersection of any driveway or alley and a street right-of-way line within a triangular area formed at such intersection by a straight line drawn between the driveway or alley line and the street right-of-way line at a distance along each line of 15 feet from their point of intersection. In those instances where such triangular area cannot be constructed on the property in question, a 15-foot setback shall be required between the property line and the driveway or alley (See Figure 1.1107A.)

(b)

Where a lot is bounded by two intersecting streets, the front yard requirements shall be met on one abutting street and one-half the front yard requirement shall be met on the other abutting street. The owner shall have the discretion to decide upon which abutting street the full front yard requirement shall be met. No portion of the lot within 25 feet of the side lot line of any adjoining property may be utilized for a building or solid fence or wall over three feet in height unless the front yard requirement for the adjoining property is met within the area. Where the rear yard abuts the side yard of an adjoining property, the side yard requirement of the adjoining lot shall be provided between any structure over three feet in height and the rear lot line.

Corner Clearance

No lot, yard, court, parking area, or other space shall be divided, altered, or reduced so as to make the area or dimensions less than the minimum required under this section. If existing spaces are already less than the minimum required under this section, the area or dimension shall not be further divided or reduced.

A lot having a side yard line adjacent to any zoning boundary line of a more restricted district shall have a side yard not less than the minimum width required for the adjoining side yard for the more restricted district.

In any district where a lot runs through a block front street to street and where a front yard is required, the front yard shall be provided along each street lot line, which is not a side yard street lot line.

In a block where there exists some platted and unplatted land, and where 50 percent or more of the total frontage on both sides of a street in the same block is platted, the balance of the unplatted land must be divided into lots each having an average width not less than the average of 50 percent of the platted lots, but in no case shall the width of any lot so determined be less than 60 feet. If less than 50 percent of the frontage has been platted into lots, then the balance of the unplatted land shall meet the width requirements for the district in which it is located.

Institutional and public uses may be located in any residential, business or industrial zone, provided the following requirements are complied within and adjacent to residential zones.

(A)

Application and a site plan shall be submitted to the planning board.

(B)

The required site plan shall show the property lines and dimensions of the tract and the proposed development, including all existing and proposed buildings and uses, as well as the location, dimensions, and capacities of all areas to be used for motor vehicle parking.

(C)

Sufficient additional data shall be provided as needed to enable the planning board to determine compliance with the requirements of this section, and to determine the best possible physical layout for the proposed use from the standpoint of its relationship to the general health, safety, and welfare of the city and adjoining property values.

(D)

Before approving the plan or plans the planning board shall require proper guarantees that the proposed use shall not constitute a public hazard and is reasonably necessary for the convenience of the community.

(E)

Where an institutional or public use is to be occupied as a residence, nursing home, convalescent home, hospital, or similar use where humans will be living or cared for, the minimum lot size required for a dwelling in a zone shall be provided for each six humans to be accommodated.

(F)

This section shall not conflict with state board of education and fire marshal reviews for all school buildings.

No building permit shall be issued for any building to be occupied by human beings unless provisions have been made to provide public sewer and water to the building. In the absence of public sewer or water the building department can only issue a building permit when county or state permits for water and sewage disposal meet state and municipal standards.

No premises shall be filled or graded so as to discharge surface runoff to abutting premises in a manner so as to cause ponding or surface accumulation of the runoff on those premises. This would include water runoff from building via eaves or similar apparatus.

The outdoor storage, collection, keeping, or placing of garbage or rubbish by a property owner or occupant is prohibited in all public rights-of-way, all yards in any residential zone, and in front and side yards in B-H business or M manufacturing zones unless in a covered and approved container for a period not to exceed 24 hours; Provided however, on the day of rubbish pickup only, garbage and rubbish may be stored in secure paper or plastic bags at an appropriate rubbish pickup location. An approved container is one which is leakproof with a close-fitting cover for the storage of garbage or rubbish. Outdoor storage of materials and rubbish is permitted in B-H business or M manufacturing districts, but only in rear yards, and when any such rear yard abuts residentially zoned or developed areas, it shall be screened from the adjacent residential areas by a solid fence or wall at least six feet in height, or by six-foot evergreen planting. Notwithstanding the foregoing, building materials or rubbish in a dumpster may be stored temporarily on a construction site while construction is actually in progress. Other types of materials too large or bulky to be conveniently placed in a container may be temporarily stored in an outdoor location for not more than 24 hours while awaiting pickup by a rubbish collector or hauler.

Motor vehicles which are inoperable or not currently licensed shall be deemed to be rubbish, and shall not be stored in any residential zone except within the confines of an enclosed building.

If garbage or rubbish is stored, collected, kept or placed in a public night-of-way or a required front yard setback area for more than 24 hours, the city may, after five business day written notice to remove the garbage or rubbish to the property owner or occupant, remove the garbage or rubbish and bill the property owner or occupant. In all other circumstances, if garbage or rubbish is stored, collected or placed in violation of this section, the city may, ten days after issuance of a citation to the property owner or occupant, cause the garbage or rubbish to be removed and bill the property owner or occupant. If any such billing is not paid within 90 days it shall become a lien on the property, properly recorded at the county.

Cross reference— Solid waste, ch. 42.

Swimming pools accessory to a principal permitted use are allowed in all districts, provided the pools are constructed, operated, and maintained in accordance with city regulations pertaining thereto. No pool shall be closer than six feet to any side or rear lot line nor located in any required side street side yard or required front yard. All swim[ming] pool installations shall comply with NFPA National Electrical Code for operation as well as clearance.

The use of a basement or the basement of a partially built or planned building as a residence or dwelling unit is prohibited in all zones. This shall not prohibit a dwelling unit located partially below ground which has access to a hallway providing two remote means of egress to ground level.

Any building or structure not in continuous use as defined by permitted, special land use, or nonconforming uses in any district for a period greater than 365 days, shall be considered abandoned and come under the provisions of this [zoning] ordinance and other city codes for buildings and structures. In order to obtain a certificate of occupancy as a use in the future, once 365 days have passed, the building or structure shall have to meet all the current standards of all applicable City codes specifically article VIII, nonconforming uses [of this zoning ordinance].

All lots to be used for business, industry and public uses requiring parking for employees, shoppers, visitors and users, shall have 15 percent of lot area set aside as open space. This space shall only be occupied by lawn or landscape features not obstructing areas for snow piling.

It shall be unlawful for an owner, occupant, or person in control, of any structure or lot to use or permit to remain on any structure or lot, for a period exceeding 24 hours, on any open porch, yard, or exterior area of any structure susceptible to moisture from inclement weather, including rain, snow or hail, or susceptible to infestation by insect, rodent or other pest, any furniture or appliance designed for indoor use, including but not limited to cushions, pillows, mattresses, couches, chairs, washers, dryers, refrigerators or freezers.

For purposes of this section, "open porch" shall mean any part of a structure that is not fully enclosed and shielded from the elements on all sides by roof and walls, and "furniture" does not include furniture designed and intended for outdoor use and exposure to moisture from inclement weather.

This provision shall not apply during a lawful yard sale or garage sale while such furniture or appliances are offered for sale; nor shall it apply while such furniture or appliances are otherwise lawfully held for refuse collection.

(Ord. of 11-24-2008)

Editor's note— Ord. of 12-18-2019(2) , adopted December 18, 2019, eff. January 10, 2020, repealed § 1.1121, which pertained to prohibition of recreational marihuana establishments and derived from Ord. of 2-27-2019 .