Sturgis City Zoning Code

Unless provided otherwise by law or in this chapter, violations of this chapter are a municipal civil infraction.

(Ord. of 7-25-2001(2), § 4.09)

It shall be the duty of the city commission whenever requested in writing by two or more freeholders residing on the line of any street in the city, to establish the grade for the sidewalk on such street, and no sidewalk shall be constructed within the city until the grade thereof shall have first been established by the direction of the city commission.

(Code 1969, § 94.03)

(a)

The owners and occupants of all buildings upon the streets and alleys of the city shall cause the number of such building to be affixed and kept continuously affixed upon the front of the building.

(b)

Such numbering shall be done under the direction of the city commission.

(c)

If the owners or occupants of a building shall fail to affix the numbers or to keep the numbers affixed as provided in subsection (a) of this section within the time and in the manner as the council shall require, the commission may cause the work to be done and the expense shall be charged to the owner or occupant and the commission may cause the amount thereof to be levied as a special tax or assessment upon the lot or premises upon which the building is located and the amount shall be collected in the same manner as other city taxes, or the city may collect the amount from the owner or occupant of the premises in an action of assumpsit, together with costs of suit.

(Code 1969, §§ 94.30, 94.31)

If the owner or occupant of any lot or premises shall neglect, refuse or fail to build, rebuild or repair any sidewalk, after notice shall have been given, within the time and in the manner as the city commission shall require, the city shall cause the sidewalk to be so built, rebuilt or repaired and the expense incurred thereby, together with a penalty of ten percent of the expenses in addition thereto, shall be collected by special assessment levied upon the lot or premises adjacent to or abutting upon, the sidewalk, or by an action in assumpsit in the discretion of the commission, according to law.

(Code 1969, § 94.02)

(a)

No owner or occupant of any lot or premises within the city shall allow or permit the sidewalk in front of or adjacent to such lot or premises to be and remain encumbered or obstructed by any snow, ice, filth or other nuisance or encumbrance for a period of more than 24 consecutive hours.

(b)

In all cases when any owner or occupant of any lot or premises abutting upon or adjacent to the sidewalk being upon any public street in the city, shall permit or allow any snow, ice, filth or other nuisance or encumbrance to remain upon, encumber or obstruct the sidewalk for a period of more than 24 consecutive hours, the chief of police shall have authority to cause such snow, ice, filth, or other nuisance or encumbrance to be removed from the sidewalk, and all expense incident to the removal of the snow, ice, filth or other nuisance or encumbrance shall be collected from either the owner or the occupant of the lot or premises by special assessment upon the lot or premises, or by an action of assumpsit, as provided by law.

(Code 1969, § 94.20)

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

Park means any area or plot of land owned or operated by any municipal or public corporation and developed and used for public recreational purposes, including, but not limited to, landscaped tracts, picnic grounds, playgrounds, athletic fields, camps, foot, bicycle and bridle paths, motor vehicle drives, wildlife sanctuaries, museums, zoological or botanical gardens, facilities for bathing, boating, hunting and fishing, and all other recreational facilities for the use and benefit of the public.

Public grounds means any area or plot of land owned or operated by any municipal or public corporation and used, or intended to be used, for any nonrecreational governmental or proprietary function of such municipal or public corporation.

(Code 1969, § 98.01)

Cross reference— Definitions generally, § 1-2.

The parks and recreation advisory board of the city is hereby empowered to make such rules and regulations subject to the approval of the city commission, pertaining to conduct in and use of parks and public grounds of the city, as are necessary to administer the parks and public grounds and to protect public property and the safety, health, morals and welfare of the public, and no person shall fail to comply with such rules and regulations.

(Code 1969, § 98.03)

The parks and recreation advisory board for the city may, by resolution, set opening and closing hours for all or any part of any park or recreational facility owned and operated by the city, and cause signs giving notice thereof to be erected in the parks and recreational facilities, or portions thereof, in which such opening and closing hours apply. No person shall enter or remain in any park or recreational facility, other than city employees in the course of their employment, at any time during which such park or recreational facility is closed, as indicated by signs posted therein pursuant to this section.

(Code 1969, § 98.04)

No person shall obstruct any walk or drive in or on any public park or public grounds and no person shall injure, mar or damage in any manner, any building, monument, ornament, fence, table, seat, tree, fountain, shrub, flower, playground equipment, fireplaces, or other public property within or pertaining to such park or public grounds.

(Code 1969, § 98.02)

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

Superintendent means the superintendent of the street department or his designated representative.

City engineer means the city engineer or his designated representative.

Street means the paved or designated area for vehicular travel within the right-of-way.

Right-of-way (R.O.W.) means the land owned or controlled by the city, or other governmental agency or entity that has been designated for public use which shall include but not be limited to streets, curbs, sidewalks, shoulders, utilities, landscape areas and other public uses.

Facility means any manmade objects.

(Ord. of 11-24-1997, § 155.01)

No person shall make an excavation, fill in, or cause any damage to any R.O.W. in the city except under the conditions and in the manner permitted in this article. No person shall place any article, thing or obstruction in the R.O.W. except under the conditions used in the manner permitted in this article. This provision shall not prohibit temporary obstructions as incidental to the expeditious movement of articles and things to and from abutting premises, nor to the lawful parking of vehicles within the part of the street reserved for vehicular traffic.

(Ord. of 11-24-1997, § 155.02)

Where permits are authorized in this article, they shall be obtained upon application to the city engineer upon such forms as he shall prescribe. Permit fees will be established by the city manager. Such permit shall be revocable by the city engineer for failure to comply with this article, rules and regulations adopted pursuant hereto, or the lawful orders of the city engineer or the duly authorized representative, and shall be valid only for the period of time endorsed thereon.

Application for a permit under the provisions of this chapter is an agreement by the applicant to promptly complete the work permitted, observe all pertinent laws and regulations of the city, repair all damage done to the street surface and installations on, over, or within such street, including trees, and protect and save harmless the city from all damages or actions at law that may arise or may be brought on account of injury to person or property resulting from the work done under the permit or in connection therewith. Where liability insurance policies are required to be filed in making application for a permit, they shall be for the amounts established by the city manager. When liability insurance is required a properly executed certificate of insurance containing evidence that the pertinent policy of insurance or endorsement applies to the provisions under which the permit is issued, approved as to form by the city attorney, shall be filed with the city clerk.

Where cash deposits are required with the application for any permit, each deposit shall be in the amount as determined by the city engineer, and the deposit shall be used to defray all expenses to the city arising out of the granting of the permit and work done under or in connection with the permit. Six months after acceptance by the city engineer of the work done under the permit, any balance of each cash deposit unexpended shall be refunded. In any case, where the deposit does not cover all costs and expenses of the city, the deficit shall be paid by the applicant.

(Ord. of 11-24-1997, § 155.03)

No person, public utility company, franchisee or licensee shall conduct any construction, repair or maintenance operations in the R.O.W. without first obtaining a written permit or annual permit from the city engineer. No permit shall be granted until the applicant has filed a liability insurance policy as required by this article and posted a cash deposit to defray the cost of repairing all damage done to the street surface and installation on, over, or within the street, as estimated by the city engineer. A permit shall expire after 30 days or the date specified on the permit unless work has commenced on the project covered by the permit.

Annual permits may be issued for emergency repairs, maintenance, small alterations and small service connections, at the discretion of the city engineer, with permit fees, cash deposits and liability insurance policies in amounts established by the city manger.

Permits for excavation of less than six inches are not required if located outside of the street and are for the purpose of restoration and/or repair to landscaping or irrigation systems.

Routine operations conducted by a public utility company, franchisee, or licensee will not require a permit if no excavation is made in the right-of-way.

(Ord. of 11-24-1997, § 155.04)

Permits are not required for emergency work, provided that an annual permit has been obtained and that the city engineer is notified of the location and nature of the emergency work on the following business day and the provisions of this article will be complied with. However, the city engineer will review each emergency operation to assure such operations are not casual. Upon such review, the city engineer may require a public utility, franchisee or licensee to get verbal permission or obtain a permit before doing any work in a right-of-way if the city engineer finds that use of this section is not being used for bona fide emergencies.

(Ord. of 11-24-1997, § 155.05)

All trenches in a public R.O.W., except by special permission, shall be backfilled in accordance with regulations adopted pursuant to this article. Any settlement shall be corrected within eight hours after notification to do so.

(Ord. of 11-24-1997, § 155.06)

All new or upgrade underground structures located within the public R.O.W. shall conform to the city engineering design standards and specifications or to the standards and specifications prescribed or approved by the city engineer.

(Ord. of 11-24-1997, § 155.07)

When utility poles, overhead equipment and structures are permitted to be placed in the public R.O.W., placement shall be as prescribed by the city engineer. Such poles, overhead equipment and structures shall be removed, relocated or placed underground as the city engineer shall direct when such facilities need to be relocated as a result of new road construction, road widening or other similar projects.

(Ord. of 11-24-1997, § 155.08)

Mailbox supports may be placed in the R.O.W. and shall not be considered obstructions unless any portion of the mailbox or mailbox support extends over any portion of the traveled street or curb. If any portion of a mailbox or mailbox support extends over the traveled street or curb, the mailbox or mailbox support shall be considered an obstruction and prohibited under section 46-52.

(Ord. of 11-24-1997, § 155.09)

Every owner of, and every person in control of, any facility located in the public R.O.W. shall maintain the facility in good repair and condition at all times and shall indemnify and save harmless the city against all damages or actions of law that may arise or be brought by reason of such facility being located and operated within public right-of-way.

(Ord. of 11-24-1997, § 155.10)

Whenever the city decides to make improvements to the R.O.W. involving the relocation of facilities belonging to public utilities, licensees or franchisees, the city engineer shall, not less than 120 days prior to the commencement of construction, serve notice upon all public utilities, licensees, and franchisees requiring them to install or relocate all necessary underground work in advance of the R.O.W. improvement.

(Ord. of 11-24-1997, § 155.11)

No permit to make any opening or excavation in or under a paved street, except for emergency repairs indicated in section 46-55, shall be granted to any person within a period of two years after the completion of the paving or resurfacing. If a street opening is necessary as a public safety measure, the city engineer may suspend the operation of this section, as to such street opening.

(Ord. of 11-24-1997, § 155.12)

A designated zone for the placement of new or relocated underground facilities, such as gas, electric, communication and other franchised or licensed facilities, shall be determined by the city engineer. This area shall be a nine-foot horizontally measured space at the outside edge of the right-of-way. This zone shall not be located on the side of the street where a water main is situated. If water mains are on both sides of the street, the south or east side of the street is to be used. If due to technical reasons the south or east side cannot be used nor is the placement zone practical, the placement shall be at the discretion of the city engineer. In all cases the utilities are to be placed within the designated zone unless authorized by the city engineer. The city engineer shall expand the utility placement zone, when necessary, to provide adequate space for placement. Utilities constructed of non-metallic material are required to have a traceable metallic wrap or accompanying wire for the purpose of tracing and locating with conventional locating equipment.

When placed in the R.O.W., utilities or other franchised or licensed facilities constructed of material susceptible to breakage (i.e. fiber optic, wire, plastic line) must be encased in a protective plastic conduit, when determined by the city engineer. Plastic gas lines are excluded from the requirement for a protective plastic conduit.

Except for emergency repairs indicated in section 46-5, no opening for excavation may take place in the utility placement zone for a period of 18 months following construction of new pavement or new utility in the zone. The city manager may waive this time period if in his opinion it is in the best interest of the city.

(Ord. of 11-24-1997, § 155.13)

No person shall apply any liquid dust control material or other liquid surface treatment to any street without first obtaining a permit for said work as required by this chapter.

(Ord. of 11-24-1997, § 155.14)

No person shall occupy any R.O.W. with any materials or machinery incidental to the construction, maintenance, demolition or repair of any facilities adjacent to the R.O.W., or for any other purpose, without first obtaining a permit or an annual permit from the city engineer and posting a cash deposit and filing an insurance policy as required by this chapter.

(Ord. of 11-24-1997, § 155.15)

At least five feet of sidewalk space shall be kept clean and clear for the free passage of pedestrians and if the operations are such that free passageway is impracticable, a temporary plank sidewalk, meeting the approval of the city engineer shall be provided around such obstruction.

(Ord. of 11-24-1997, § 155.16)

All temporary openings, excavations and obstructions located in a street or within 12 feet of a street shall be provided with traffic control devices in conformance with the Michigan Manual of Uniform Traffic Control Devices. All temporary openings, excavations and obstructions located in a sidewalk or driveway approach shall be surrounded with lighted barricades. All unattended openings and excavations, located anywhere in public R.O.W., greater than five feet in depth shall be completely surrounded by fencing, securely mounted in place as directed by the city engineer.

(Ord. of 11-24-1997, § 155.17)

All openings and excavations shall, where necessary, be properly and substantially sheeted and braced as a safeguard to workmen and to prevent cave-ins or washouts which may injure the thoroughfare or sub-surface structure of the street.

(Ord. of 11-24-1997, § 155.18)

No person shall unload from any vehicle or trailer any power shovel, ditchdigger, trencher, bulldozer, tractor, or any similar construction or excavating equipment having a weight of one ton or more or which moves about by any means other than rubber tires, onto or upon any hard-surfaced street without first obtaining a permit therefor from the superintendent and posting a cash deposit. Such deposit shall be available for the repair and reconstruction of any street or its appurtenances damaged as a result of the permitted operation.

(Ord. of 11-24-1997, § 155.19)

The city manager may make additional regulations pertaining to openings and excavations in the streets, curb cuts, street obstructions, and housemoving, which shall be subject to the approval of the city commission.

(Ord. of 11-24-1997, § 155.20)

Encroachments and obstructions in the R.O.W. may be moved and excavations refilled by the city. The expense of such removal or refilling shall be charged to the abutting land owner when made or permitted by them or suffered to remain by them, otherwise than in accordance with the terms and conditions of this article.

(Ord. of 11-24-1997, § 155.21)

The superintendent shall have authority to temporarily close any portion of the R.O.W., when any portion is deemed to be unsafe or temporarily unsuitable for use for any reason. The superintendent shall cause suitable barriers and signs to be erected in R.O.W. the indicating that any portion of the R.O.W. is closed to public travel. When any street or portion shall have been closed to public travel, no person shall drive any vehicle upon or over the R.O.W., or portion, except as the same may be necessary incidentally to any street repair or construction work being done in the area closed to public travel. No person shall move or interfere with any sign or barrier erected pursuant to this section without authority from the director.

(Ord. of 11-24-1997, § 155.22)