(a)

A building or land shall only be used, altered, constructed or reconstructed if it complies with:

(1)

All applicable provisions of the Code of Ordinances, including appendix A, zoning; and

(2)

All other applicable laws.

(b)

Uses not expressly permitted within a specified zoning district are prohibited in that district.

(c)

Unless otherwise provided, a person operating a business in violation of any applicable law is guilty of a misdemeanor punishable by imprisonment for not more than ninety (90) days or a fine of not more than five hundred dollars ($500.00), or both.

(Ord. No. 30-990, § 1, 2-22-11; Ord. No. 30-1020, § 2, 4-12-16)

Editor's note— The Legislative Record Documents submitted to City council and made part of the official legislative record on February 22, 2011, in support of the amendment to section 4.01 which demonstrate the deleterious secondary effects of medical marijuana enterprises, businesses, facilities or similar uses are on file with the City Clerk.

Except as hereafter provided, no building shall be erected or altered to exceed in height the limit established for the district in which such building is located. No building shall be erected, nor shall an existing building be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the regulations hereby established for the district in which such building is located.

Any building or structure for which a building permit has been issued and the construction of the whole or a part of which has been started, or for which a contract or contracts have been entered into pursuant to a building permit issued prior to the effective date of this Ordinance, may be completed and used in accordance with the plans and applications on which said building permit was granted.

Any such permit for a use which would become non-conforming by virtue of the passage of this Ordinance or amendment thereto shall not be renewed if construction, pursuant to the issuance of such permit, has not commenced within one year from the date of issuance.

No portion of a lot and other similar uses used in complying with the provisions of this Ordinance for yards, courts, lot area per family or percentage of lot occupancy in connection with an existing or proposed building or structure, including tents and trailer coaches, shall again be used as part of the lot required in connection with any other building or structure existing or intended to exist at the same time.

Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building. A building grade line (sometimes referred to as the finish line) shall mean the elevation of the ground adjoining the building on all four sides. A first floor elevation shall mean the height which the first floor extends above building grade. A sloping earth grade shall be maintained and established from the center of the front line to the finish grade line at the building front and from the rear wall of the buildings to the rear lot line. The height of the finish grade line of any dwelling shall not be less than twelve (12) inches nor more than eighteen (18) inches above the curb or crown of the abutting street measured from the center of the front of the building.

When a new building is being constructed on a vacant lot between two existing buildings or adjacent to an existing building, the existing established grade shall be referred to in determining the grade around the new building and the yard around the new building shall be graded in such a manner as to prevent run-off of surface water flowing onto the adjacent properties. Grades shall be approved by the Building Inspector.

No person, firm or corporation shall alter an established surface drainage grade to the extent that normal surface drainage is materially obstructed or retarded.

No part of any required yard, except a rear or side yard shall be used for any detached garage or any accessory building other than a garage or use, or for the storage of vehicles. Any portion of a lot in front of the front building line shall be used for ornamental purposes only and nothing shall be placed thereon except trees, shrubs, or items of similar nature.

No more than one (1) principal building shall be placed on a lot with the exception of those uses, which in accordance with this ordinance, the planning commission has approved the location of one (1) or more principal buildings provided the land area allocated to each building is equal to or greater than the lot area required for the district and the building and land complies with all other requirements of the district in which it is located.

(Ord. No. 30-726, § 3, 9-23-86)

Wherever there is a public alley at the rear of a lot upon which the lot abuts for the full width, measurements of the depth of any abutting rear yard, required under this Ordinance, may be made to the center line of such, alley.

Within any required front or corner side yard on any corner lot, no wall, fence, sign, hedge, shrub, or other obstruction to visibility shall be permitted between the heights of two and one-half (2½) feet and ten (10) feet above the existing street grade within the triangular area formed by the street property lines and a line connecting there at points twenty-five (25) feet from the intersection of the street lines or their extension.

(a)

No building permit shall be issued under the terms of this Ordinance before all wells are drilled and tested in accordance with requirements of State Health Department, and all well water is to be tested by the Macomb County Health Department.

(b)

No building or structure shall hereafter be erected or altered and used for an outside toilet of any type whatsoever, unless located and erected in conformance with the laws of the State of Michigan and the rules and regulations of the Michigan Department of Health and Macomb County Health Department.

(c)

Where an approved public sewer is available all new buildings shall be connected to such public sewerage system at the time of construction. When an approved public sewer becomes available, existing dwellings and habitable buildings shall be connected to same at such time as may be deemed necessary by the Macomb County Health Department or the City of Warren Building Department.

No garbage, sewage, filth, refuse or other obnoxious matter shall be kept in open containers or piled on the open ground. No business or industrial use shall permit waste materials, cans, cartons, and other similar materials, to be scattered over open ground. All waste materials must be periodically disposed of at least once in each thirty (30) day period.

The occupant or occupants of every building where waste accumulates, and in case of a semidetached or terrace building, the owner, lessee or agent, shall cause to be provided, and the City may provide, for said building, kept clean and in place, proper receptacles for said wastes, either stationary or portable. No occupant, whether owner, lessee or agent, shall permit the storing or accumulation of rubbish or waste, or permit it to be kept in open yards or lots, unless placed in any accessory building. In no case shall such receptacles be stored in any front yard. Receptacles may be stored on the side or rear yard so long as they are out of sight, covered or partially shielded from view of the general public.

For garbage, compost and recycling containers shall be portable, constructed of durable plastic or substantial metal construction for use with automated commercial collection systems with hinged lids, clearly color coded/marked as to its use; "compost," "garbage" or recycling" so maintained as to be water tight, and vermin resistant and may be of 32—96 gallon capacity. Garbage receptacles shall be adequate in size and number to hold one week's accumulation. Portable receptacles shall have handles or bails and a tight fitting cover.

(Ord. No. 30-1050, § 1, 9-10-19)

The use of land for the storage or collection or accumulation of used lumber, and other used materials, or for the dumping or disposal of broken concrete, scrap iron, junk, garbage, rubbish or other refuse or of ashes, slag or other industrial wastes or by-products shall not be permitted in any district, except as specifically specified in Section 17.02(t) of this Ordinance and under a Temporary Certificate from the Building Department, after approval of the Board of Appeals after the recommendation of the Planning Commission which may be issued in appropriate cases upon the filing of an application accompanied by a suitable agreement and bond that such dumping or disposal will not pollute the waters of the City or cause stagnant water to collect, or leave the surface of the land, at the expiration date of such permits, in an unstable condition or unfit for the growing of turf or for other land uses permitted in the district in which such dumping occurs.

The dumping of dirt or sand excavated from the earth is permitted in any district provided the grade has been established and approved by the Director of Public Service, and further that the surface of such material is graded within sixty (60) days in a manner preventing the collection of stagnant water and which leaves the ground surface in a condition suitable for the growing of turf or for other land uses permitted in the district.

No land within the City, regardless of zoning district, shall be used for dumping, burying or otherwise disposing of any toxic substances. For purposes of this Ordinance, toxic substance means any material in concentrations which, alone or in combination presents a significant threat to the health, safety or welfare of human life or which has the capacity to produce injury or illness through ingestion, inhalation, or absorption through the body surface.

(Ord. No. 30-601, § 1, 9-25-79)

Editor's note— Section 2 of Ord. No. 30-859, adopted March 26, 1996, repealed § 4.14 in its entirety. Formerly, §§ 4.14 pertained to billboards and signs located in certain districts and derived from § 4 of Ord. No. 30-722, adopted Aug. 26, 1986.

No two (2) family or multiple family residence shall be built on a lot having a width at the front line of less than sixty (60) feet and not fronting upon a public street.

No motor vehicles, as defined in Chapter 37 "Traffic and Motor Vehicles" section 37-47, shall be stored on any residential lot, in any residential district, or on any parcel of land used but not zoned for residential purposes unless it shall be in operating condition and properly and currently licensed or located inside a permanent structure in sound condition. No motor vehicle in excess of one (1) ton capacity shall be stored on any residential lot, in any residential district or on any parcel of land used for residential purposes regardless of zoning district, unless it is a permitted use pursuant to Article V-A of the Zoning Ordinance.

(Ord. No. 30-819, § 1, 10-13-92; Ord. No. 30-821, § 1, 2-1-93; Ord. No. 30-860, § 3, 3-26-96; Ord. No. 30-876, § 3, 3-11-97)

(a)

Non-Conforming Use-Continuance. Any lawful non-conforming use consisting of a building or land usage existing at the time of the effective date of this Ordinance may be continued, except as herein prohibited or restricted, provided that the building or use thereof shall not be structurally changed, altered or enlarged, unless such altered or enlarged building or use shall conform to the provisions of this Ordinance for the district in which it is located. No non-conforming use if changed to a use permitted in the district in which it is located shall be resumed or changed back to a non-conforming use. Failure to continue to use any land, building or structure, or part thereof, which use is a non-conforming use under this Ordinance, for a period of one (1) year or more shall be held to be conclusive proof of an intention to legally abandon any such non-conforming use.

(b)

Non-Conforming Use-Restoration. Nothing in this Ordinance shall prevent the restoration, repairing, or rebuilding of any non-conforming building or structure damaged to the extent of sixty (60) percent or less of its valuation by fire, explosion, act of God, or any act of the public enemy, subsequent to the effective date of this Ordinance, or shall prevent the continuance of the use of such building or part thereof, as such use existed at the time of such impairment of such building or part thereof.

(c)

Non-Conforming Use-Repair. Nothing in this Ordinance shall prevent the repair, reinforcement or reconstruction of a non-conforming building, structure, or part thereof existing at the effective date of this Ordinance, rendered necessary by wear and tear, deterioration or depreciation, provided the cost of such work shall not exceed thirty (30) percent or [of] the valuation of such building or structure at the time such work is done nor shall any provision of this Ordinance prevent compliance with the provisions of any Building Code in effect in this City or the Housing Law of Michigan relative to the maintenance of buildings or structures.

(d)

Non-Conforming Use-Exceptions. Nothing in this ordinance shall prohibit the alteration, improvement, or rehabilitation of a no-conforming building or structure existing at the effective date of this Ordinance, provided the same does not involve any increase in height, area, bulk, or change or use. Nothing in this Ordinance shall prevent the strengthening or restoration of any building or wall declared unsafe by the Building Department.

(e)

Non-Conforming Use-Removal. In accordance with Act No. 207, Public Acts of Michigan 1921 [MCL 125.581 et seq.], as amended by Section 3a of Act No. 272 of the Public Acts of Michigan, 1947 [MCL 125.583a], the City Council may acquire by purchase, condemnation or otherwise, private property for the removal of non-conforming uses and structures; provided, the property shall not be used for public housing. The City Council may in its discretion provide that the cost and expense of acquiring such private property be paid from general funds, or the cost and expense or any portion thereof be assessed to a special district. The elimination of such non-conforming uses and structures in a zoned district as herein provided is hereby declared to be for a public purpose and for a public use. The City Council shall have the authority to institute and prosecute proceedings for the condemnation of non-conforming uses and structures under the power of eminent domain in accordance with the laws of the State of Michigan and the provisions of the City Charter relative to condemnation.

(Ord. No. 30-124, § 1, 6-9-64)

(a)

On interior lots when a garage building is attached to and made structurally a part of the principal building on the lot, the following minimum side yard requirements shall apply:

R-1-A Two (2) side yards each having a width of not less than ten (10) feet and the combined widths of both side yards not less than twenty (20) feet provided that such principal building on adjoining lots shall be not less than twenty (20) feet apart.

R-1-B Two (2) side yards each having a width of not less than six (6) feet and the combined widths of both side yards not less than fifteen (15) feet, provided that such buildings on adjoining lots shall be not less than fifteen (15) feet apart.

R-1-C Two (2) side yards each having a width of not less than five (5) feet and the combined widths of both side yards not less than thirteen (13) feet, provided that such principal buildings shall be not less than thirteen (13) feet apart.

On lots less than sixty (60) feet in width, which were of record on the date of adoption of this Ordinance, or on lots in a proposed subdivision which has received the approval of the City Council as to lot and street layout at the time of the adoption of this Ordinance, a minimum side yard of five (5) feet and a minimum combined width of both side yards of ten (10) feet shall be permitted, provided such principal buildings shall be not less than ten (10) feet apart, and provided the overhang shall not exceed twelve (12) inches, not including gutter.

(a)

All detached garages located in side and rear yards and within ten (10) feet of the rear wall of any principal building shall comply with all yard requirements applicable to the principal structure in the district. In no event shall such garages locate closer than five (5) feet from any side lot lines.

(b)

Detached garages shall not exceed one (1) story or ten (10) feet in height to the eaves, and shall not occupy more than thirty (30) percent of the area of any rear yard, and shall not be nearer than two (2) feet to the side lot line, provided, however, that where there are existing accessory buildings or garages on the same or adjacent lot, such accessory buildings or garages shall not be constructed closer than four (4) feet to such existing accessory building.

Garages on corner lots which face a side street shall not be constructed closer than twenty (20) feet from the side street lot line; garages which face the front street and are attached to and become a part of the principal building, shall not be constructed closer than twenty (20) feet from the side street lot line; garages which face the front street and are attached to and become a part of the principal building, shall not be constructed closer than twenty (20) feet from the side street lot line or closer to the side lot line than the location of the principal building thereon, whichever is greater.

(a)

All detached accessory buildings shall not exceed one (1) story or ten (10) feet in height measured to the eaves and shall not occupy more than thirty (30) percent of the rear yard. Such buildings shall conform to, and shall not project beyond, the existing side building lines of the principal building on the lot and shall be one (1) foot from the edge of any easement. The construction of all such accessory structures shall be subject to the following conditions:

1.

That a building permit be obtained as required by Section 22.02 of this ordinance, and that the building be of masonry, wood or metal construction.

2.

That the building be fixed to a permanent foundation of the type required for detached garages in the Building Code.

3.

That the accessory building be placed against any other accessory structure, such as a detached garage, that may exist in the yard. Only one (1) detached accessory structure shall be permitted in the yard.

4.

That no flammable substance be stored in an accessory building unless it is located at least ten (10) feet from any residence.

5.

That all accessory structures, excluding garages, will not exceed a total of 120 square feet.

(Ord. No. 30-278, § 1, 5-14-68; Ord. No. 30-300, § 1, 11-26-68)

When a dwelling occupies a space above a business use, such dwelling unit shall provide a minimum floor area of six hundred seventy-two (672) square feet, exclusive of stairways and utility room space; and not less than fifty-five hundred (5,500) square feet of usable lot area in addition to the required lot area for the business and its required off-street parking.

In the construction of a building closer than twelve (12) feet from another building, the following shall apply:

1.

When the overhang is twelve (12) inches or less, not including the gutter, the measurements shall be taken from the outside wall of the building.

2.

When the overhang exceeds twelve (12) inches, not including the gutter, the measurements to the adjacent building shall be taken from the edge of the overhang to the closest point of the adjacent building.

3.

When both buildings have an overhang exceeding twelve (12) inches, not including the gutter, the measurements shall be taken from the outer edge of both overhangs at their closest point.

On double-frontage lots a front yard, as prescribed for the district as herein established, shall be provided on both streets.

When the majority of the buildings have been built in a block at the time of the adoption of this Ordinance, no building hereafter erected or altered shall project beyond the minimum building lines thus established, provided, that no residential building shall be required by this Ordinance to set back more than forty (40) feet; and provided further, that this regulation shall not be interpreted as to reduce the buildable width of a corner lot facing an intersection street.

The minimum front yard set back required in each residential district of this Ordinance shall be increased five (5) feet for all lots facing on a thoroughfare, as defined in the City of Warren Thoroughfare Plan.

Outside stairways, fire escapes, fire towers, porches, platforms, balconies, boiler flues and other projections shall be considered as part of the building and not as part of the yards or courts or unoccupied spaces, provided, however, that this provision shall not apply to one (1) fireplace or one (1) chimney projecting not more than sixteen (16) inches into side yard space, and not more than eight (8) feet in length, nor to platforms, terraces, or steps below the first floor level. Side yards shall be measured from the exterior wall of any principal building to the side property line, except as hereinafter specified. Measurement of the front yard shall be taken from the foremost portion of the building, porch, garage or overhang. Covered porches shall be regarded as part of the main building.

(a)

Minimum size of new single-family dwellings. Any proposed new single-family dwelling, whether built alone, in a subdivision or a site condominium development, shall be no less than the average square foot floor area of the existing dwellings located within a three-hundred-foot radius of the proposed site or subdivision. The three-hundred-foot radius shall be measured from the boundary of the site or subdivision. However, in no event shall a new single-family dwelling have a square foot floor area which is less than the minimum dimensions set forth in Schedule A.

(b)

Single-family dwellings in existence on the effective date of this amendment which were constructed smaller than the minimum requirements set forth herein, may be continued or increased in size without meeting the minimum requirements herein.

(c)

Floor area measurements are based upon distance between exterior surface of enclosing walls and between centerlines of common partition walls for each living unit.

SCHEDULE A. MINIMUM SQUARE FOOT FLOOR AREA REQUIREMENTS

FOR RESIDENTIAL DWELLINGS

Every principal building within a multiple-family development shall be provided with a full basement as defined in Section 2.02 of this ordinance, except high rise apartment residential buildings.

(Ord. No. 30-469, § 4, 9-24-74; Ord. No. 30-500, § 5, 1-27-76; Ord. No. 30-534, § 3, 4-12-77; Ord. No. 30-931, § 1, 11-13-01; Ord. No. 30-1082, § 2, 8-13-24)

In every hotel, motel or motor court hereafter erected, each unit in addition to the manager's or caretaker's unit, shall have one (1) room with not less than one hundred fifty (150) square feet of floor area, a bathroom of not less than thirty-five (35) square feet and a closet of not less than eight (8) square feet.

In every dwelling hereafter erected, access to every living room and to every bedroom shall be had without passing through a bedroom or through a room containing a water-closet. Access to waterclosets must be possible from all bedrooms without passing through another bedroom or room used as a bedroom. This provision does not apply to any sleeping porch, sun-parlor or any other enclosed outside porch entered by way of a bedroom.

(a)

All substandard basement dwellings, or garage dwellings, which have been heretofore erected or occupied, are hereby declared to be unlawful dwellings and shall be vacated within a period of two (2) years or otherwise altered so as to comply with the provisions of this Ordinance. Hardship cases may be appealed for not more than one (1) one-year extension to the Zoning Board of Appeals.

(b)

Detached garages shall not be converted to living space.

(c)

The expansion of a residential dwelling to add living space is encouraged to be in the nature of a first or a second story addition of living space pursuant to the State Construction Code. However, in those situations where the applicant demonstrates a practical difficulty in adding on living space, an attached garage may be converted to living space in conformity with the following regulations:

1.

The conversion from garage to living space shall be constructed in accordance with all applicable building regulations, zoning regulations and construction codes.

2.

The garage door must be removed and the exterior finished with materials that architecturally match the existing structure.

3.

A new garage or storage shed shall be built provided that the dimensions of all existing structures together with the proposed new garage or storage shed will not cover more than thirty (30) percent of the lot.

4.

It must be demonstrated that there will be at least two (2) off-street parking spaces provided after the garage conversion.

5.

There shall be one (1) driveway and approach provided. The driveway and approach shall not exceed twenty (20) feet in width at the property line.

6.

Any new driveway installed shall be set back three (3) feet from the residential structure and three (3) feet from the property line. The three (3) foot setback from the property line may be waived by the building department upon demonstration that drainage is installed according to engineering standards.

7.

Any converted living space abutting an existing driveway shall be protected with a continuous curb constructed of concrete measuring eight (8) inches in height. The area from the building wall to the front edge of the exposed curb shall be a minimum of five (5) feet and shall be filled with hard surfacing or may be modified upon approval of the building department with decorative materials.

8.

After conversion, the former garage area shall be utilized as an integral part of the existing single dwelling and not as a separate use.

(Ord. No. 30-988, § 1, 7-27-10)

Essential services shall be permitted as authorized and regulated by law and other ordinances, it being the intention thereof to exempt such essential services from the application of this Ordinance.

On the same premises with every building, structure, or part thereof, erected and occupied for manufacturing, storage, warehouse goods display, department store, wholesale store, market hotel, hospital, mortuary, laundry, dry cleaning, or other uses similarly involving the receipt or distribution of vehicles or materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading and unloading services in order to avoid undue interference with public use of the streets or alleys. Such space unless otherwise adequately provided for, shall be laid out in the dimension of at least ten by twenty-five (10′ x 25′) feet or two hundred fifty (250) square feet in area, with clearance of at least fourteen (14) feet in height. Loading dock approaches shall be provided with a pavement having as asphaltic or portland cement binder so as to provide a permanent, durable and dustless surface.

One (1) such space shall be provided for every twenty thousand (20,000) square feet or fraction thereof in excess of three thousand (3,000) square feet of building floor use or land use for above mentioned purposes.

In all zoning districts, off-street parking facilities for the storage or parking of self-propelled motor vehicles for use of occupants, employees, and patrons of the buildings hereafter erected, altered or extended after the effective date of this Ordinance, shall be provided and maintained as herein prescribed.

(a)

Loading spaces as required in Section 4.31 shall not be construed as supplying off-street parking space.

(b)

When units of measurements determining the number of required parking spaces result in requirement of a fractional space, any fraction up to and including one-half (½) shall be disregarded and fractions over one-half shall require one (1) parking space.

(c)

Whenever a use requiring off-street parking is increased in floor area, and such use is located in a building existing on or before the effective date of this Ordinance, additional parking space for the additional floor space shall be provided and maintained in amount hereafter specified for that use.

(d)

Repealed as per Ordinance No. 30-294. The effect of this amendment is to require the computation of off-street parking spaces based upon total gross floor area as defined in Section 2.20 of Article II, Definitions of said Ordinance No. 30.

(e)

Off-street parking facilities for one, two or multi-family dwellings shall be located on the same lot or plot of ground as the building they are intended to serve.

The location of required off-street parking facilities for other than one, two or multi-family dwellings shall be within three hundred (300) feet of the building they are intended to serve, measured from the nearest point of the off-street parking facilities and the nearest point of the building, provided the property on which the building is located shall not prohibit an industry which employs five hundred (500) or more employees from the supplying [of] off-street parking at a reasonable distance, greater than three hundred (300) feet from the building, in which said employees are employed, upon approval of the Planning Commission, and provided such parking lot is owned by the owner of the property on which the industrial plant is located.

(f)

In the case of a use not specifically mentioned, the requirements of off-street parking facilities for a use which is so mentioned and said use is similar shall apply.

(g)

Nothing in this section shall be construed to prevent collective provisions of off-street parking facilities for two or more buildings or uses, provided collectively, such facilities shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the table.

(h)

The amount of required off-street parking space for new uses or buildings, additions thereto and additions to existing building as specified above shall be determined in accordance with the following table, and the space, so required shall be stated in the application for a building permit and shall be irrevocably reserved for such use.

(i)

All spaces that abut a continuous curb required in accordance with Section 16.07 of this Ordinance or a common property line shall be laid out in the following dimensions, including off-street maneuvering lanes:

All spaces that abut a common property line where a continuous curb is not required shall provide one protective bumper curb per parking space. Said bumper curb shall be placed no closer than five feet from the property line.

All spaces that do not abut a continuous curb required in accordance with Section 16.07 or a common property line shall be laid out in the following dimensions:

*Measured from the front of the stall on a perpendicular line.

(j)

All requests and applications for building permits for structures or uses other than one and two-family dwellings requiring off-street parking shall be accompanied by plans identifying the parking stalls, their widths and lengths, maneuvering area, and points of ingress and egress.

(k)

All off-street parking areas shall be provided with adequate ingress and egress, shall be hard surfaced with concrete or plant-mixed bituminous material (base may be stabilized gravel or equivalent), shall be maintained in a usable dustproof condition, shall be graded and drained to dispose of all surface water, provide protective bumper curbs as per Sections 4.32 (i) and 16.07, and shall otherwise comply with Section 2.46 and 16.05 of this Ordinance.

(Ord. No. 30-287, § 3, 8-13-68; Ord. No. 30-294, § 1, 9-24-68; Ord. No. 30-367, § 1, 4-13-71; Ord. No. 30-444, § 1, 8-14-73; Ord. No. 30-457, § 4, 2-12-74; Ord. No. 30-462, § 2, 7-9-74; Ord. No. 30-485, §§ 1, 2, 6-10-75; Ord. No. 30-489, §§ 1, 2, 7-22-75; Ord. No. 30-500, § 4, 1-27-76; Ord. No. 30-559, § 2, 5-9-78; Ord. No. 30-627, § 1, 11-12-80; Ord. No. 30-657, § 3, 4-12-83; Ord. No. 30-1002, § 2, 10-22-13; Ord. No. 30-1005, § 1, 7-9-14; Ord. No. 30-1071, § 1, 2-8-22)

It shall be unlawful for any person to cut, break out or remove any curb along or to construct a curb return or driveway approach in the right-of-way of a public street, way or alley except as authorized by the Director of Public Service of the City of Warren.

In all districts where off-street parking facilities are permitted uses as an adjunct to business and such facilities provide a service to the patrons or customers patronizing such businesses, such off-street parking lots shall be established and maintained as prescribed by Article XVI.

Permit circuses, fairs, carnivals and similar uses in any District after approval by the Board of Appeals under the following conditions:

(1)

When engaged in by schools, churches, fraternal societies and similar non-profit organizations as an accessory use for the sole purpose of raising money for the financial support of such institutions in pursuit of their natural functions; provided, that such uses are confined to the land and buildings normally used and occupied by such institutions.

(2)

A permit is obtained from the City of Warren Police Department.

(3)

Such use and occupancy is not disturbing to the public peace and tranquility.

(4)

Such use and occupancy will not create undue traffic hazard and congestion.

(5)

Permits for such uses shall be valid for a total of sixteen (16) consecutive or nonconsecutive days; however, the permit expires thirty (30) days from the date of issue.

(Ord. No. 30-868, § 1, 9-24-96)

(a)

No building or structure shall be erected or constructed within the area set down by the City's Master Thoroughfare Plan.

(b)

All set backs, where required, shall be measured from the proposed right-of-way established by the City's Master Thoroughfare Plan.

The City Council, in consultation with the Planning Commission, shall make studies of various areas in the City of Warren for the purposes of determining areas in which there is need for the establishment of off-street parking facilities to be provided by the City of Warren and to be financed wholly or in part by a special assessment district or shall include recommendations of the site, location and other pertinent features of the proposed off-street parking facilities and the area they should be intended to serve.

Wherever, pursuant to this procedure, the City Council shall establish off-street parking facilities by means of a special assessment district, or by any other means the City Council may determine, upon completion and acceptance of such off-street parking facilities by the City Council, all existing buildings and uses and all buildings erected or uses established thereafter within the special assessment district, or districts, shall be exempt from the requirements of this section for privately supplied off-street parking facilities.

The location of all driveways, entrances and/or exits to non-residential properties shall first be approved by the City of Warren Traffic Engineer.

Every parcel of property including buildings vacant or occupied, and every part thereof, shall be kept clean and shall be kept free from any accumulation of dirt, filth, rubbish, garbage or other matter in or on the same, or in the yards, courts, passages, area of alleys connected therewith or belonging to the same. The owner of every dwelling shall be responsible for keeping the entire building free from vermin. The owner shall also be responsible for complying with the provisions of this section except that the tenants shall be responsible for the cleanliness of those parts of the premises which they occupy and control. Any hazardous places that are necessary during construction must be fenced or boarded up. Property owners and/or occupants shall be held responsible for the condition, cleanliness and maintenance of the areas between their lot lines and the adjoining street and curbs, where existing.

The extension of all railroad spur lines and railroad sidings shall be approved by the City Council. All plans to cross streets and highways shall first receive the approval of the City Engineer and Police Department Traffic Division.

No owner or person in control of any property adjacent to property located between the lot line or sidewalk and the curb of the street or traveled portion of the street shall allow, permit, or maintain any stones or rocks except as confined within curbed planters or boxed areas not exceeding three (3) feet in length by three (3) feet in width; provided, however, that the City Council can, if in its discretion it determines that the property will be improved, grant the property owner the right to place a planter or boxed area which exceeds three (3) feet in length and three (3) feet in width.

Said area between the lot line or sidewalk and the curb of the street or traveled portion of the highway shall be maintained with grass, sod or artificial turf in all residential areas. This same area if in commercial or industrial zones or abutting property used in such a manner, on paved streets shall be maintained with grass, sod or artificial turf, except that a strip of concrete not to exceed three (3) feet in width may be constructed immediately adjacent to the curb and decorative shrubbery not exceeding three (3) feet in height may be permitted. At the direction of or with the specific permission of the City Council, the said area if ten (10) feet or less between the sidewalk and curb on paved streets in commercial or industrial zones or abutting property used in such a manner may be entirely of concrete constructed to a minimum depth of four (4) inches provided a permit is obtained from the Division of Buildings and Safety Engineering as provided in Section 9-101 of the Code of Ordinances.

(Ord. No. 30-325, § 1, 2-10-70)

Garage sales as defined in Section 2.72 may be permitted as provided below:

A.

Location—Garage sales may be located in any zoning district provided that the activity is conducted solely on one (1) lot containing a one-family, two-family or multiple-family dwelling or on any one (1) lot containing any use permitted or approved in any residential district.

B.

Display of Items—The items offered for sale shall not be displayed in the front yard setback of any lot. In no instance however shall any items or articles in connection with a garage sale be located closer than fifteen (15) feet from a public sidewalk.

C.

House of Operation—A garage sale may be held only between the hours of 9:00 a.m. and 9:00 p.m. on those days indicated on the license as issued by the City Clerk. It shall be a violation of this Ordinance for the licensee to maintain hours either prior to 9:00 a.m. or subsequent to 9:00 p.m. on any day for visits by the general public to purchase, shop for trade, or deliver goods or articles in connection with any garage sale as regulated herein.

D.

Duration of Sale—A garage sale as provided for herein shall be limited to a period of time not to exceed four (4) consecutive days. Any garage sale must be concluded by 9:00 p.m. of the fourth consecutive day as indicated on the license issued by the City Clerk. At the conclusion of any garage sale, the sale or display or trading of any goods or articles shall be prohibited.

E.

License Required—In order to conduct a garage sale as described herein any owner, tenant, lessee or occupant shall receive a license from the City Clerk. The license for any garage sale shall be issued and recorded based on the City of Warren permanent parcel index number as assigned by the Land File Division of the Macomb County Treasurer's Office pursuant to P.A. 101 of 1965 (MCL 211.252). Said license shall not be issued until the Clerk certifies the application is in accordance with Section 4.42(D) above and that the required fee [is] paid in accordance with the fee schedule adopted by the City Council. In no case, however, shall the Clerk issue a license for garage sale purposes to any lot bearing the same parcel number more than twice during any calendar year.

(Ord. No. 30-680, § 2, 6-26-84; Ord. No. 30-852, § 1, 3-28-95)

To determine compliance with the locational criteria referred to in this ordinance, the following standardized method for measurement shall apply:

a)

All measurements shall be based on the connection of two (2) reference points by a horizontal straight line on the site plan prepared pursuant to the "Definitions and Specifications for Required Plans" that are part of the "City of Warren Planning Commission Rules of Procedure Standards and Policies" as amended.

b)

The first reference point shall be found in the following manner:

If the proposed use is to be located within a building containing no other use(s), then the measurement shall be taken from a point on an outside wall of the building.

If the proposed use is to be located within a building that contains other use(s), then the measurement shall be taken from a point on the outer perimeter of a wall or area defined for the proposed use within the building.

c)

The second reference point shall be found by locating the point nearest to the first reference point containing any of the following:

1)

When the measurement involves the distance to a given zoning district, the point is found on the given zoning district line.

2)

When the measurement involves the distance to an existing use as described herein, the second reference point is established in the following manner:

i)

If the existing use is located within a building containing no other use(s), then the measurement shall be taken from a point on an outside wall of the building.

ii)

If the existing use is to be located within a building that contains other use(s) than the proposed uses as described herein then the second reference point shall be found on the outer perimeter of a wall or area defined for the existing use within the building.

3)

When the measurement involves the distance to an existing school then the second reference point is the property line of the school site closest to the first reference point.

The purpose of this Ordinance is to provide for the use of land for outdoor retail sales both permanent and temporary. However, it is recognized that outdoor retail sales if not regulated properly may be unduly distracting to motorists; may over burden the use of property; may result in congestion, may cause a hazard to pedestrians; and may cause on-site circulation problems. Outdoor retail sales are an additional use of land and the land must be able to accommodate the additional use before it will be approved. An outdoor retail use will not be approved if it will result in a distraction to motorists, will result in insufficient parking, will be located in the required set back; will interfere with the existing on-site circulation; will interfere with off-site traffic movement; will reduce pedestrian safety; will interfere with or otherwise have a deleterious effect upon the use and enjoyment of the abutting properties.

(Ord. No. 30-858, § 3, 2-13-96)

The provisions of this Ordinance shall govern the use of all property for outdoor retail sales, both permanent and temporary.

(Ord. No. 30-858, § 3, 2-13-96)

Permanent outdoor retail sales may be permitted in conjunction with a permanent building in C-1, C-2, C-3, N-1 and N-2 zoning districts. The division of buildings and safety engineering shall issue a permanent outdoor retail sales permit upon compliance with the following requirements:

a.

The goods, items or articles sold or activities conducted as part of any outdoor retail sale in a C-1, C-2, C-3, M-1 or M-2 zoning district must be consistent with the zoning district where the parcel is located.

b.

The applicant must receive site plan approval from the Planning Commission pursuant to section 22.16, however, any application that does not comply with the requirements set forth in this Ordinance shall not receive site plan approval, unless the appropriate variance is obtained. The applicant shall obtain any variance needed from the Zoning Board of Appeals prior to petitioning for site plan approval.

c.

The petitioner must obtain a certificate of occupancy.

d.

The petitioner must comply with all applicable provisions of this Ordinance, the general Code of Ordinances to the extent they are not inconsistent herewith, and applicable state laws.

(Ord. No. 30-858, § 3, 2-13-96)

Temporary outdoor retail and Christmas tree sales are prohibited in residential districts, however, based on the parcel's ability to accommodate the additional use and upon demonstrated compliance with sections 4.48 to 4.54, the Zoning Board of Appeals may grant approval for one temporary outdoor retail sale per calendar year. The temporary outdoor retail sale is a commercial use, therefore, the petitioner shall also comply with all requirements contained in Article XIII, Local Business Districts.

(Ord. No. 30-858, § 3, 2-13-96)

Temporary outdoor retail sales may be permitted in conjunction with a permanent building in C-1, C-2, C-3, M-1 and M-2 zoning districts. The Division of Buildings and Safety Engineering shall issue a non-transferable temporary outdoor retail sales permit upon compliance with all the following requirements:

a.

One (1) temporary outdoor retail sale may be conducted per parcel for a period not to exceed thirty (30) consecutive days in a calendar year.

b.

The goods, items or articles sold or activities conducted as part of any outdoor retail sale in a C-1, C-2, C-3, M-1 or M-2 zoning district must be consistent with the zoning district where the parcel is located, and in the case of residential sites, the goods, items or articles sold or activities conducted must be consistent with C-1 Zoning Districts.

c.

Petitioner shall submit proof of a valid certificate of occupancy prior to the issuance of an outdoor retail sales permit.

d.

The petitioner must receive site plan approval from the planning commission pursuant to section 22.16. however, any application that does not comply with the requirements set forth in this Ordinance shall not receive site plan approval, unless the appropriate variance is obtained. The applicant shall obtain any variance needed from the Zoning Board of Appeals prior to petitioning for site plan approval.

e.

The petitioner shall comply with all applicable provisions of this ordinance, the general Code of Ordinances to the extent they are not inconsistent herewith, and state laws.

(Ord. No. 30-858, § 3, 2-13-96)

An applicant is not required to obtain site plan approval every year for a seasonal sale once the applicant has obtained site plan approval from the planning commission pursuant to section 22.16 of the Zoning Ordinance provided that there is not any on-site change or change in the proposed use. If there is an on-site change or change in the proposed use the applicant must obtain site plan approval as provided in section 22.16 of the Zoning Ordinance.

(Ord. No. 30-858, § 3, 2-13-96)

An application shall be filed with the division of buildings and safety engineering for a temporary outdoor retail sales permit. Written verification of ownership of the parcel in question shall be provided with the application, including notarized permission of the property owner for the intended use. The application shall be accompanied by an application fee in the amount established by resolution adopted by the city council. The petitioner shall seek site plan approval from the planning commission and any variances that may be needed from the Zoning Board of Appeals.

(Ord. No. 30-858, § 3, 2-13-96; Ord. No. 30-945, § 3, 4-27-04)

Upon a finding of unnecessary hardship and pursuant to the standards set forth in Article XX of this Ordinance, the Zoning Board of Appeals for the City of Warren may grant a temporary variance in conjunction with a temporary outdoor retail sales permit. Any temporary variance granted in conjunction with an outdoor retail sales permit shall automatically expire upon the expiration of the temporary outdoor retail sales permit.

(Ord. No. 30-858, § 3, 2-13-96)

The buildings and safety engineering division shall evaluate all temporary outdoor retail sales applications for conformity with the requirements of this Ordinance. The division shall deny any application for a temporary outdoor retail sales permit which does not comply with all provisions of this Ordinance or does not comply with the following requirements:

a)

The proposed site must have a minimum twenty-six-foot driveway or a separate ingress and egress to the site; and

b)

The proposed sale must not cause a distraction to motorists travelling on an adjacent roadway; and

c)

The proposed sale must not be located within any required setback of the applicable zoning district; and

d)

No sales activity or display of merchandise shall be permitted in the area designated for required off-street parking for the existing or temporary use; and

e)

The proposed sale must not interfere with the existing on-site circulation; and

f)

The proposed sale must not interfere with off-site traffic movement including the public street that provides access to the lot in question; and

g)

The proposed sale will not interfere with or otherwise have a deleterious effect upon the use and enjoyment of the abutting properties; and

h)

The applicant has complied with all licensing or permitting requirements of the Code of Ordinances or other laws of the State of Michigan; and

i)

The goods, items or articles sold or activities conducted as part of the proposed outdoor retail sale in a C-1, C-2, C-3, M-1 or M-2 zoning district must be consistent with the zoning district where the parcel is located, and in the case of residential sites, the goods, items or articles sold or activities conducted must be consistent with C-1 Zoning Districts.

j)

Due to the volume of traffic generated by these temporary retail sales, a proposed sale in residential districts must provide a minimum of eight (8) hardsurfaced parking spaces.

(Ord. No. 30-858, § 3, 2-13-96)

All outdoor retail sales, whether permanent or temporary, shall comply with the following regulations:

a)

A copy of the approved site plan and permit shall be displayed on site at all times for the duration of the permitted sale.

b)

The location of all sales activity and the display of all merchandise shall be maintained in the area specified on the approved plan.

c)

No sales activity or display of merchandise shall be permitted in the public right-of-way or any required setback.

d)

The proposed activity shall be located so as to ensure safe vehicular and pedestrian circulation.

e)

The hours of operation shall be limited to hours consistent with the parent parcel unless otherwise approved and indicated on the approved site plan.

f)

The period of operation of the proposed use shall be limited to dates specified on the approved plan or in the permit. The duration of all temporary uses shall not exceed thirty (30) consecutive days in any calendar year.

g)

All electrical service shall comply with applicable city codes, ordinances or other regulations and any permits required shall be obtained by the applicant.

h)

Sanitary facilities shall be provided in the permanent building the sale is being operated in conjunction with and shall comply with all applicable city codes, ordinances and regulations.

i)

Any temporary structures including display tables or fixtures to be used as part of the proposed sales area shall be erected in a safe manner in accordance with any applicable city codes, ordinances or regulations. Camping trailers, portable sanitary facilities and temporary living quarters are prohibited.

j)

The property shall be maintained in a neat and orderly condition and cleaned immediately after the close of each business day.

k)

Signage for the temporary use shall be noted on the approved plan. The sign shall be limited to a double-faced or back to back sign no greater than thirty-two (32) square feet and shall be set back not less than the established setback or parking line whichever is less. For double-faced or back to back signs, the allowable sign surface area shall be calculated by using the area of only one side of the sign, provided that the front and back of the sign are separated by no more than three (3) feet.

(Ord. No. 30-858, § 3, 2-13-96)

Clean up required for temporary outdoor retail sales. Final cleanup of temporary outdoor retail sales shall be the responsibility of the applicant within forty-eight (48) hours of the expiration of the approved permit or cessation of said use whichever occurs first.

(Ord. No. 30-858, § 3, 2-13-96; Ord. No. 30-945, § 1, 4-27-04)

Sidewalk sales where the retail sale of goods, items and articles normally sold in conjunction with a permanent business that has been issued a certificate of occupancy to operate such business, may be conducted for a period not to exceed ten (10) consecutive days per calendar year without obtaining an outdoor retail sales permit or filing a clean up bond. Any sale conducted in excess of ten (10) consecutive days per calendar year shall require planning commission approval pursuant to section 4.46. All sidewalk sales shall be confined to the private sidewalk area, shall not intrude upon the required off-street parking and shall be limited to the hours of operation consistent with the permanent business.

(Ord. No. 30-858, § 3, 2-13-96)

Any permit issued for a temporary outdoor retail or Christmas tree sale may be denied or revoked by the city, pursuant to the procedure set forth in section 18-12 of the Code of Ordinances, at any time for any of the following reasons:

a)

Fraud, misrepresentation or any false statement made in the application for permit;

b)

Fraud, misrepresentation or any false statement made in the operation of the business;

c)

Any violation or failure to comply with any of the provisions of sections 4.44 to 4.55 or any ordinance of the city related to the operation of the business;

d)

Conducting the business in violation of any law, conducting the business in such a manner to constitute a breach of peace or constitute a menace to the health, safety or welfare of the public.

(Ord. No. 30-858, § 3, 2-13-96)

The purpose of this ordinance is [to] ensure that antennas and antenna towers are situated in appropriate locations and relationships to buildings, structures and other land uses; to limit inappropriate physical and aesthetic overcrowding of land use activities; to retain the integrity, character and aesthetic quality of neighborhoods; to facilitate adequate and efficient provision of sites for antennas and antenna towers; to collect and maintain public information about antennas and antenna towers and to allow for the efficient planning for the location of these facilities; to minimize the adverse impacts of technological obsolescence; to promote the timely removal of facilities upon the discontinuance of use; to minimize the adverse impacts of tall towers having low architectural and aesthetic appeal; to minimize the negative visual impact of antennas and antenna towers on residential areas, community facilities and landmarks, historic sites, natural beauty areas, and public rights of way; and to promote the use of as few structures as reasonably feasible.

(Ord. No. 30-857, § 2, 2-13-96; Ord. No. 30-881, § 2, 10-28-97)

(a)

Citizen radio, short wave radio, amateur radio, residential TV or satellite TV antennas and towers are exempt from the provisions of sections 4.59 through 4.66 of this appendix.

(b)

Roof antennas and towers which are twelve (12) feet or less above the highest point on a building or roof are also exempt from the provisions of sections 4.59 through 4.66 of this appendix.

(Ord. No. 30-881, § 2, 10-28-97)

Antennas and antenna towers are permitted in C-1, C-2, C-3 or SS districts upon approval as a special land use pursuant to section 14.02. Antenna and/or antenna towers are a permitted use in M-1, M-2, M-3 and M-4 zoning districts as regulated herein.

(Ord. No. 30-881, § 2, 10-28-97)

In all permitted districts, antenna towers, antennas or other structural projections shall not exceed one hundred fifty (150) feet in height as measured from the average ground elevation of the site.

(Ord. No. 30-881, § 2, 10-28-97)

(1)

No antenna or antenna tower shall be located closer than four hundred fifty (450) feet from any residential use, residential district, health care, day care or educational institution. The distance shall be measured from the base of the tower or supporting structure to the property line of the residence or residential district boundary line.

(2)

Antenna towers shall comply with the setback standards for a structure in the zoning district for the parcel.

(3)

A freestanding antenna tower (i.e. not mounted on a roof) shall not be located in any front yard.

(4)

All accessory structures must meet the minimum setback standards for accessory structures in the zoning district for the parcel and shall not be inhabited, used for vehicle storage or used for outdoor storage of any kind.

(Ord. No. 30-881, § 2, 10-28-97)

All antenna towers shall be screened from entry by a six (6) foot high fence to prevent unauthorized persons from access to the tower. Existing on site vegetation shall be preserved to the maximum extent possible. The petitioner shall submit a detailed landscaping plan with the application for site plan approval. The proposed landscaping shall provide a buffer for the site and a screen for the structure base, accessory buildings and enclosure.

(Ord. No. 30-881, § 2, 10-28-97)

Antenna tower lighting shall conform to all F.A.A. rules and regulations and shall be designed to minimize the glare or other impact on adjoining properties. All antenna towers shall be finished in an unobtrusive, neutral color.

(Ord. No. 30-881, § 2, 10-28-97)

Upon submitting an application for site plan approval of an antenna or antenna tower, the Petitioner shall also provide the following information:

(1)

Name, address and phone number of the Petitioner and of the owner of the property.

(2)

A location map of all antennas and antenna towers which the Petitioner has currently erected in the City of Warren and shall include a master plan for any future antenna locations known to the Petitioner. This requirement is for planning purposes only and shall not limit the Petitioner to the sites indicated on the map.

(3)

An affidavit of the total watts of effective radiated power of the proposed antenna.

(4)

An affidavit verifying that the proposed site and proposed antenna(s) complies with all Federal Communication Commission rules and guidelines; and all federal, state and local laws. In the event any antenna is found to exceed the applicable F.C.C. standard, site plan approval shall be immediately revoke.

(5)

A statement as to whether an environmental assessment was required by the Federal Communications Commission and a copy of the environmental assessment if one was required.

(6)

The antenna, antenna tower and all supporting equipment shall not block areas which will hamper firefighting equipment and maintenance of electrical lines.

(7)

If the proposed antenna location is on a new tower, the Petitioner shall submit an affidavit attesting that there is no suitable space available on any existing tower in the desired area.

(8)

An affidavit of the proposed height of the tower and a statement verifying a "safe fall" zone for the tower or antenna. The statement, together with any and all attachments, shall be certified and sealed by a licensed engineer or architect. Manufacturers specifications of a "safe fall" zone must be submitted. No inhabited building shall be located within the safe fall zone area.

(9)

A statement verifying that the tower or antenna will withstand wind speeds and ice loads as required by the BOCA Building Code. The statement, together with any and all attachments, shall be certified and sealed by a licensed engineer or architect. Manufacturers specifications must be submitted.

(10)

The system shall be certified by a licensed engineer to verify that the signal(s) being transmitted will not interfere with the ability of surrounding uses to receive signals from different radio, television, telephone or other electronic equipment.

(Ord. No. 30-881, § 2, 10-28-97)

To prevent the proliferation and congestion of antenna towers, it is encouraged for any new antenna to be co-located on an existing antenna tower, provided there is technically suitable space available on an existing tower within the desired area pursuant to the following regulations:

(1)

The maximum number of co-locations on any tower is limited to four (4) unless the applicant can demonstrate to the satisfaction of the planning commission that the structure can safely accommodate additional co-locations and the radio frequency emissions will continue to comply with federal regulations.

(2)

All co-locations on existing towers shall be subject to the setback requirements contained in section 4.61.

(3)

Any proposed antenna addition to an existing tower shall receive site plan approval pursuant to section 22.16 of this appendix.

(4)

In cases where special land use approval has already been granted for an existing tower, there is no further special land use approval required for co-location.

(Ord. No. 30-881, § 2, 10-28-97)

Upon recommendation of the Planning Commission and approval of the City Council, properly zoned property owned by the City of Warren, excluding street rights-of-way, may be used for antenna and antenna tower purposes upon the execution of a valid lease approved by the City Attorney. After receiving approval to place an antenna or antenna tower on City property, the Petitioner must proceed to obtain all required approvals as required by the Ordinances of the City of Warren.

(Ord. No. 30-881, § 2, 10-28-97)

Each telecommunications provider with antennas located within the City shall provide the City with a semi-annual report disclosing the radio frequency emissions of each antenna site. The City shall require an annual inspection of the radio frequency emissions of each antenna site to ensure that the site complies with the requirements of the Telecommunications Act of 1996. The City shall charge the provider a fee for the cost of the annual inspection.

(Ord. No. 30-881, § 2, 10-28-97)

(1)

In the event an antenna has not been used for a period of 180 days or more, as evidenced by the cessation of transmission and/or reception of radio signals, it shall be the responsibility of the owner of the property to secure removal of the unused antenna within thirty (30) days of discontinuance.

(2)

In the event all antennas located on a tower have not been used for a period of 180 days or more, as evidenced by the cessation of transmission and/or reception of radio signals, it shall be the responsibility of the owner of the property to secure the removal of the unused antenna within sixty (60) days of discontinuance.

(3)

In the event any antenna is found to exceed the applicable F.C.C. standard, site plan approval shall be immediately revoked and the antenna shall be removed.

(4)

To insure compliance with this section, the Planning Commission upon site plan approval, shall require that a cash deposit or an approved surety bond, covering the estimated cost of removal to be deposited with the City Treasurer. The Petitioner is required to maintain either the cash deposit or a surety bond for the performance of the removal until the antenna(s) or antenna tower is removed. In the event the antenna(s) or antenna tower is not erected as planned or is removed as required by this ordinance, the cash deposit shall be refunded. In the event, an antenna(s) or antenna tower is not removed pursuant to the provisions of this ordinance, the bond shall be forfeited to the general fund of the City of Warren.

(Ord. No. 30-857, § 2, 2-13-96; Ord. No. 30-881, § 2, 10-28-97)

Editor's note— Ord. No. 30-999, § 1, adopted July 9, 2013, repealed §§ 4.70 through 4.84, which pertained to the regulation of fences and derived from Ord. No. 30-894, § 1, adopted June 23, 1998; Ord. No. 945, § 2, adopted April 27, 2004; and Ord. No. 30-960, § 1, adopted Oct. 11, 2005.

(a)

Public Property. No person or owner of any vehicle or watercraft, including but not limited to all vessels, boats, recreational vehicles, off road vehicles and snowmobiles, shall allow such vehicle to be placed or parked on any public property in the City of Warren, including street rights-of-way, for the purpose of advertising the vehicle or watercraft "for sale" or "for trade."

(b)

Residential Property. No person or owner of any vehicle or watercraft, including but not limited to all vessels, boats, recreational vehicles, off road vehicles and snowmobiles, shall allow such vehicle to be placed or parked on any residential front yard or right-of-way, excluding driveways, for the purpose of advertising the vehicle or watercraft "for sale" or "for trade."

(c)

Commercial/Industrial Property. No person or owner of any vehicle or watercraft, including but not limited to all vessels, boats, recreational vehicles, off road vehicles and snowmobiles, shall allow such vehicle to be placed or parked on any private property zoned commercial or industrial for the purpose of advertising the vehicle or watercraft "for sale" or "for trade," except the provisions of this section do not apply to properly licensed automobile dealerships and properly licensed car lots.

(Ord. No. 30-888, § 1, 2-24-98)

All notices for a public hearing required under the Michigan Zoning Enabling Act, Act 110 of 2006, as amended (MZEA) or this Ordinance, shall comply with the following requirements in addition to any other requirements of the MZEA or the Ordinance:

A.

General.

1.

Published Notice. When a published notice is required by this Ordinance or the Michigan Zoning Enabling Act, Act 110 of 2006, as amended (MZEA), the notice shall be published in a newspaper of general circulation within the city not less than fifteen (15) days before the date of the hearing, and shall include the content stated in this section.

2.

Personal or Mailed Notices. When the provisions of this Ordinance of state law require that personal or mailed notice be provided, notice shall be provided to:

a.

The owners of the property for which approval is being considered, and the applicant, if different than the owner(s) of the property.

b.

Except for rezoning requests involving eleven (11) or more adjacent properties or an ordinance interpretation request that does not involve a specific property; to all persons to whom real property is assessed within three hundred (300) feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the boundaries of the City of Warren. Notice shall be provided to the citizens from the adjacent municipality after their municipality receives notice from the City of Warren that describes generally a geographic area of land located within three hundred (300) feet of the boundary of the property within the City of Warren. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one (1) occupant of a structure, except that if a structure contains more than one (1) dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.

c.

Notice by mail/personal delivery/affidavit: Notice shall be deemed mailed by deposit in the United States mail, first class, properly addressed, postage paid or by personal delivery to the occupant or manager's address, posted or attached to the entrance door. A list shall be prepared of all property owners or registrants to whom notice was mailed, as well as anyone to whom personal service was delivered.

d.

Timing of Notice. Unless otherwise provided in the MZEA, or this Ordinance where applicable, notice of a public hearing shall be provided as follows:

i.

For a public hearing on an application for a rezoning, ordinance amendment, special land use, planned unit development, site plan, variance, appeal of ordinance interpretation: not less than fifteen (15) days before the date of the application will be considered for approval.

B.

Content. All mail, personal and newspaper notices for public hearings shall:

1.

Describe the nature [of the] request. Identify whether the request is for a rezoning, text amendment, site plan review, special land use, planned unit development, variance, appeal, ordinance interpretation or otherwise.

2.

State the location of the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. In the absence of a known street address, other means of identifying the property may be used such as tax parcel identification number, identifying the nearest cross streets, or including a map showing the location of the property. No street addresses must be listed when eleven (11) or more adjacent properties are proposed for rezoning, or when the request is for an ordinance interpretation not involving a specific property.

3.

When and where the request will be considered, indicating the date, time and place of the public hearings.

i.

Include a statement describing when and where written comments will be received concerning the request, and that the public may appear in person or by counsel.

ii.

Information on how persons with disabilities will be accommodated.

(Ord. No. 30-1071, § 2, 2-8-22)