Accessory structures can only be constructed and used when there is an approved principal building (except for the use of a temporary structure during construction, which lapses after one-year or after the issuance of a certificate of occupancy). Temporary structures, including signs, must be removed within thirty days of the deadline. Permits are required for all work to be done under this section and obtained from the Department of Building and Engineering.

      (1)   All buildings and portions of buildings connected to the main building are considered an element of the main building (e.g., an attached garage), and therefore comply in all respects with the requirements of this Code that apply to the main building, including but not limited to setback requirements, unless specifically stated to the contrary herein. The term “connected” means the space shares a common wall with the main building or is connected by an enclosed breezeway.

      (2)   The total square footage of all accessory structures on a single lot cannot exceed 750 square feet; this calculation includes the total square footage of both an attached and detached garage.

      (3)   Cannot exceed fifteen-feet in height.

      (4)   Can be located in the rear yard (except when built as a part of the main building):

         A.   Must be a minimum of five-feet from any property line and at least ten-feet from any residential structure.

         B.   The projection of sills, cornices, eaves, gutters, and pilasters cannot be closer than five-feet to any property line.

      (5)   On a corner lot:

         A.   No part of any accessory structure can be closer to the side street lot line than the setback required for the principal building.

         B.   Where the existing side yard for the principal building is less than required, the accessory building setback may equal that of the principal building but no less than fifteen-feet.

         C.   Where a rear yard abuts a side yard on the adjoining lot, accessory structures must have a minimum setback from the rear lot line a distance equal to the lesser of the side setbacks required for the lot abutting the corner lot.

      (6)   Must have a four-inch concrete floor.

      (7)   The construction of an accessory structure for the purpose of vehicular parking or that meets the design standards for a garage must include the installation of a paved driveway from the right-of-way to the garage door entrance of said structure.

      (8)   Accessory structures are prohibited in the required front or side yard.

      (9)   Attached porches, patios, entryway stairs, and decks do not count against the maximum area of detached accessory structures on the lot.

      (10)   For accessory structures that are 200 square feet or greater in size, the following additional standards apply:

         A.   All accessory structures, including garages, tool sheds, permanent structures, etc., when not provided with a masonry foundation wall, must have installed around the perimeter of the building a continuous wall of masonry or concrete, not less than four-inches thick, or of other water-resistant material of equal strength. Every rat wall must extend twenty-four-inches below the grade.

         B.   In existing structures that do not have rat walls and where there is rat infestation or harborage of rats in such structures, open area or other premises, the occupants or owners thereof, and in the case of a multiple dwelling, the owner or owners thereof, shall immediately institute rat control and shall continuously maintain such measures until any such open area or other premises are declared by the Building Official or Health Inspector to be free of rat infestation. The Building Official or Health Inspector may, if the public health, safety, or welfare is threatened, order the installation of rat walls in any structure as a means to eliminate rat infestation.

         C.   A vermin protection wall shall be installed and attached in all accessory structures constructed to aid in control of vermin infestation and said wall shall be of a material and to a depth as defined in the current Michigan Building Code.

         D.   All awnings shall be installed and attached to a building. Said awning shall be of a material and constructed in accordance with the provisions of the current Michigan Building Code.

         E.   All flat work shall be of the materials and in the manner as provided in accordance with the provisions of the current Michigan Building Code and the current City Engineering Standards and Details.

         F.   All sump-pumps shall be installed in a manner as provided for in the current Michigan Building Code and the current Michigan Plumbing Code.

         G.   All fences shall be installed using materials and, in a manner, as provided in the current Michigan Building Code or the City ordinances specifically governing fences.

   (c)   Exempt Accessory Structures. The following residential accessory structures are exempt from the regulations of this section, except for the regulations listed below:

      (1)   Playground equipment, treehouses, lemonade stands, playhouses, and other similar elements, except they must be setback at least five-feet from all side and rear lot lines.

      (2)   Gazebos, pergolas, and other permanent structures without walls, except they must maintain the required setbacks for accessory structures and cannot be used for storage.

      (1)   Non-residential accessory structures may be erected in any non-residential zoning district only as an accessory to an existing principal building.

      (2)   If the function of an accessory structure is integrated into the permitted principal building, the space shall comply in all respects with the requirements of this Code that apply to the permitted principal building, including but not limited to setback requirements, unless specifically stated to the contrary herein.

      (3)   The total floor area occupied by the accessory structure(s) cannot exceed the gross floor area of the principal building on the lot.

      (4)   Accessory structures cannot exceed the building height for principal building in the district in which it is located.

      (5)   Except for canopy roofs accessory structures are not allowed in any front yard or any required side yard.

      (6)   Detached accessory buildings and structures cannot occupy more than twenty-five percent of the rear yard.

      (7)   Accessory buildings must comply with the setbacks of the underlying zoning district and shall be setback at least ten-feet from the principal building.

      (8)   Canopy roofs.

         A.   Canopy roofs such as those for gas pump islands accessory to automobile service stations and other uses, drive-in restaurants, banks, and other similar uses can encroach into any required yard, provided that a minimum setback of fifteen-feet is maintained from any property line.

         B.   The height of the canopy roof cannot exceed sixteen-feet and must be open on all sides.

         C.   The colors and design of the canopy must be compatible with the principal building.

(Ord. 2023-01. Passed 2-7-23.)

   (a)   Manufactured one-family detached dwelling units must be located in state-licensed mobile home parks that are safe, attractive and use high-quality materials, and subject to the following standards:

      (1)   Dwellings must be permanently attached to perimeter foundations. In instances where a dwelling is set on piers or other acceptable foundations which are not at the perimeter of the dwelling, a perimeter wall must be constructed of durable materials and meet all local requirements with respect to materials, construction, and necessary foundations below the frost line. Any such wall must also provide an appearance which is compatible with the dwelling and with site-built homes in the area.

      (2)   The design of the units must be similar to site-built dwellings on adjacent properties or in the surrounding residential neighborhoods in the district as related to:

         A.   Exterior finish materials.

         B.   Roof design and roofing materials.

         C.   Exterior building wall configuration which represents an average width-to-depth or depth-to-width ratio which does not exceed 3 to 1 (or is in reasonable conformity with the configuration of site-built dwellings).

      (3)   Must be fully skirted within thirty-days of installation on the home stand.

      (4)   All portions of any transporting devices which extend beyond the vertical plane formed by the outer side walls of the dwelling must be removed to a point where they will be completely obscured by a perimeter foundation or finished exterior wall.

   (b)   Applications must be submitted to the Department of Building and Engineering, who may require plans, photographs, elevations, and similar documentation as deemed necessary to permit a complete review and evaluation of the proposal.

(Ord. 2023-01. Passed 2-7-23.)

   (a)   In the R1 and R2 Districts, only one principal building shall be located on a given lot.

   (b)   In all other districts, more than one principal building may occupy the same lot.

(Ord. 2023-01. Passed 2-7-23.)

   A permit from the Department of Building and Engineering must be obtained prior to the placement of any portable storage unit (PSU) if the unit will be on-site more than five consecutive days. The following standards apply to all PSUs, regardless of the duration to which they will be on-site:

   (a)   Not exceed 200 square feet in area or ten-feet in height.

   (b)   A PSU may remain on a lot no longer than thirty consecutive days. However, if the PSU is being used for the storage of goods and items during the remodeling or reconstruction of a building on the lot, extensions may be requested, in writing, to the Building Official.

   (c)   A maximum of one PSU may be placed on a lot in all residential districts, unless the Building Official specifically authorizes more PSUs based on the unique circumstances of the situation.

   (d)   Must be secured in a manner that does not endanger the safety of persons or property in the vicinity.

   (e)   Must be maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks at all times.

   (f)   Cannot be used for human occupancy or for the storage of any toxic or hazardous materials, trash, junk, solid waste, construction debris, or demolition debris.

(Ord. 2023-01. Passed 2-7-23.)

   All porches, landings, stoops, and steps on residential structures must be constructed of durable materials and foundations must be constructed in accordance with the current Michigan Building Code.

   (a)   On porches and steps where railings are required the railing must be installed so as to be of a decorative type railing and comply with dimensions and graspability as required in Michigan Building Code. Metal railings must be of a wrought iron type with lambs ear finials. Wooden railings must have routed edges, angled cuts, and trimmed completely.

   (b)   Concrete steps are permitted to remain where doors are flush with the front elevation or on enclosed porches without the construction of a stoop or landing unless more than fifty percent of the structure is required to be replaced except for same type construction.

   (c)   If the porch is of a wooden construction, the porch design must be consistent with the architectural design of the house. Appropriate screening is required with a lattice and frame and where appropriate all steps must be constructed of preformed concrete sections.

(Ord. 2023-01. Passed 2-7-23.)

   A swimming pool located on private property having a depth of more than two-feet must either be enclosed itself or the rear yard must be enclosed with a secure type of fence not less than four-feet in height. In addition to all Building Code regulations, the following standards apply:

   (a)   Must maintain a distance of not less than six-feet from any enclosing fence, wall and/or adjacent property line or structure.

   (b)   The minimum height of all parts of a pool fence or wall, including gates, is four-feet, and the maximum height is six-feet, measured from grade.

   (c)   Gates must have an approved self-closing mechanism on a walk-in gate. A drive-in or a walk-in type gate must have a provision in its latch for a padlock or the gate must be provided with other approved locking facilities, with the latch on the inside of the gate not readily accessible for children to open. Gates must be capable of being securely locked when the pool is not in use for extended periods.

   (d)   Above-ground swimming pools must either be enclosed in the same manner as required for in-ground swimming pools provided above, or, alternatively enclosed with an integral fence securely attached to the top rail of the swimming pool.

   (e)   If the entire premises is enclosed with a fence or wall of not less than four-feet in height above grade level, these provisions may be waived by the Department of Building and Engineering.

      (Ord. 2023-01. Passed 2-7-23.)

   (a)   No soil or grade can be altered or disturbed until a permit is issued from the Department of Building and Engineering. A plan detailing the existing grade and proposed grades is required with the application.

   (b)   No person can strip, excavate, or otherwise remove or add topsoil for sale or for use other than on the premises from which the same is taken, except in connection with the approved construction or alteration of a building on such premises and excavation or grading incidental thereto.

(Ord. 2023-01. Passed 2-7-23.)

   (a)   Unless attached to a main building, an antenna shall meet all applicable requirements for accessory structures. However, the antenna shall not count as an accessory structure for the purpose of calculating the maximum number of permitted accessory structures on a site.

   (b)   All antennas shall be appropriately anchored or attached to the ground or a permanent structure in order to prevent them from falling down or being blown down.

   (c)   Antennas larger than eighteen inches in diameter must be affixed to a permanent foundation. All antennas larger than two meters in diameter are prohibited.

(Ord. 2023-01. Passed 2-7-23.)

      (1)   Permit required. No person can build or relocate a fence without first obtaining a zoning permit from the Building and Engineering Department. Applications for fence permits must contain the following information, at a minimum:

         A.   The name, address, and telephone number of the applicant.

         B.   The location of the building, structure, or lot to which or upon which the fence is to be attached or erected.

         C.   The position of the fence in relation to nearby buildings or structures and property lines.

         D.   Two blueprints or ink drawings of the plans and specifications and of the method of construction of the fence, including the kind and size of posts, and the kind(s) of materials with which the fence is to be constructed. The proposed length and height of the fence must also be provided.

         E.   The name of the person, firm, corporation, or association erecting the structure or fence.

         F.   Written consent of the owner of the building, structure, fence or land to which or on which the structure is to be erected.

         G.   Any other information as the Building and Engineering Department requires to show full compliance with this Zoning Code.

      (3)   Fee. The fee for the fence permit is set forth in Chapter 210 of the Administration Code.

      (4)   Work without permit. Whoever commences any construction or repair, for which a permit is required by this chapter, without first having obtained such permit, will, if legally authorized and subsequently allowed to obtain a permit, pay double the permit fee specified in Chapter 210 of the Administration Code, plus one hundred dollars ($100.00) for such construction or repair, provided that a notice has been sent or issued by the enforcing officer to the person commencing such construction repair.

      (1)   Materials.

         A.   All fences built or repaired must have posts made of either iron pipe, at least one and five-eights inches outside diameter, or any other material of equal stability sunk in concrete at least three-feet or treated wood posts four-inches in diameter or reinforced concrete posts four-inches across, set in the earth three-feet and having a height above the average grade of the two adjoining lots of not less than three-feet. Iron pipe having an outside diameter of at least one and five-eighths inches, or any other material of equal stability, using a “drive anchor” installation mechanism or any other anchoring mechanism of equal stability and rigidity, may be used if approved by the Building and Engineering Department in lieu of setting posts in three-feet of concrete. Masonry walls must have footings as specified in the current Michigan Building Code. Partitions or line fences cannot exceed six-feet in height, unless provided for elsewhere in this chapter, except for enclosing an entire rear yard for a private swimming pool. Chain link, board or other materials shall be properly fastened to the post. All fence materials must be approved by the Building and Engineering Department.

         B.   All fences must be constructed solely of new materials approved by the Building and Engineering Department to be durable, weather- resistant, and easily maintained.

      (3)   Attachment. Attaching one fence to another to form a single barrier is expressly prohibited. Only a single fence may be installed on any parcel of land running any particular direction to act as a barrier. A second or parallel fence is prohibited, unless for a dog run.

      (4)   Design requirements. Painted fences, in hues other than white, earth or wood tones, are subject to the review and approval of the Building Official and the following design standards:

         A.   The appearance, color, texture, and materials used preserves property values in the immediate vicinity and does not adversely affect any property values.

         B.   The appearance of the fence does not detract from the general harmony of, and is compatible with, the structure and other developments existing in the immediate vicinity.

         C.   The appearance of the fence is not garish or offensive to passersby.

         D.   Fence appearance minimizes or prevents discordant and unsightly surroundings in the immediate neighborhood.

      (6)   Barbed wire. Barbed wire fences are only permitted in the I1 and I2 Districts on fences six-feet in height or taller. No such barbed wire can be placed at any point nearer to the ground than six-feet. However, arms for barbed wire on six-foot fences may be placed only on the lines enclosing an industrial property. These arms must project over the industrial side of the line only on such portions of the fence, which are twenty-five-feet or more from the front lot line.

      (7)   Electrification. Electrification (i.e., electric current or a charge of electricity) is not permitted in any zoning districts.

      (8)   Corner lots and corner clearance.

         A.   On corner lots, fencing may be erected along the side street property line no further toward the front lot line than the rear building line, except that a side entrance may be included in such fencing. In areas of heavy school traffic, special conditions may be given to corner lots at the discretion of the Board of Zoning Appeals. In cases of residential lots abutting public, commercial or industrial alleys or properties, public playfields, parking lots, parks, school grounds or recreation area, approved fences not exceeding six-feet in height may be erected and maintained alongside or rear lot lines abutting such alleys or properties.

         B.   When a driveway intersects a public right-of-way or when the subject property abuts the intersection of public rights-of-way, all landscaping and/or fencing within the corner triangular area described below shall permit unobstructed cross visibility.

         C.   Fencing or landscaping located in the triangular area shall not be permitted to exceed a height of more than thirty-inches above the centerline elevation of abutting pavement. Trees may be maintained in this area provided that all branches are trimmed to maintain a clear vision for a vertical height of eight-feet above the roadway surface.

         D.   The triangular area referred to above is:

            1.   The area formed at the corner intersection of a public right-of-way and a driveway, two sides of the triangular area being ten-feet in length measured along the right-of-way line and driveway line and the third side being a line connecting these two sides.

            2.   The area formed at a corner intersection of two public right-of-way lines, the two sides of the triangular area being twenty-five-feet in length measured along the abutting public right-of-way lines and the third side being a line connecting these two sides.

      (1)   General requirements.

         A.   Cannot exceed six-feet in height, measured from the grade. However, an additional six-inches of height is permitted to provide an open space of six-inches at the base of the fence to allow for property maintenance.

         B.   Cannot be constructed nearer the street than the front bearing wall of an existing dwelling or the building setback line of vacant residential lots.

            1.   In those cases where a dwelling is set on the rear portion of a lot, a fence may be constructed at the building setback line of the adjacent properties, or twenty-five-feet, whichever is greater.

            2.   On corner lots, fencing may be erected along the side street property lines no further toward the front lot line than the rear building line, except that a side entrance may be included in such fencing.

         C.   Chain link fences cannot exceed four-feet in height.

      (3)   Heights exceptions. In cases of residential lots abutting public, commercial or industrial alleys or properties, public playing fields, parking lots, parks, school grounds or recreation areas, approved fences not exceeding six-feet in height may be erected and maintained alongside or rear lot lines abutting such alleys or properties.

      (1)   Fences cannot exceed six-feet in height, measured from grade, except that industrial fences may reach a maximum height, measured from grade of eight-feet.

      (2)   Fences cannot obstruct vision to an extent greater than twenty-five percent of their total area.

      (3)   Fences cannot be constructed nearer the street than the front building line of the principal building on the site or the building setback line of vacant business and industrial lots. On corner lots, fencing may be erected along the side street property line no further than the front building line of the principal building.

      (4)   No fence can be constructed nearer the street than the front bearing wall of a structure or the building setback line of vacant lots. In those cases where a structure is set on the rear portion of a lot, a fence may be constructed at the building setback line of the adjacent properties or the twenty-five-foot setback line, whichever is greater.

      (6)   Hedges beyond the front building line cannot exceed two and one-half-feet in height above grade unless otherwise provided for in this chapter. A hedge is defined as small landscape material planted to make a wall or a dense row of shrubs.

      (1)   Fences which enclose public or institutional parks, playgrounds, or public landscaped areas, cannot exceed twenty-feet in height measured from the surface of the ground, and cannot obstruct vision to an extent greater than twenty-five percent of their total area.

      (2)   Where a partition fence is constructed along a school yard or public or private playing field, fences in excess of the height specified herein may be permitted if the lines along which such fences are to run have been determined in accordance with this chapter and the details of construction are approved by the Building and Engineering Department.

      (1)   General requirements. Fences must be maintained in a neat and safe condition. Any fence which, through lack of repair, type of construction or otherwise, is not maintained in a neat and safe condition, including but not limited to the growth of grass, weeds, vines, trees, or other vegetation shall be deemed a nuisance. The Building and Engineering Department shall notify the owner, agent or person in control of the property on which such fence is located of the existence of such nuisance and specify the required repairs or modifications to be made to render the fence safe or require that the unsafe fence or any portion thereof be removed, and shall provide a time limiting such repairs, modification or removal. All fences extending beyond the building or setback line, except those installed after actions by the Zoning Board of Appeals, shall be reconstructed in such a manner as to comply with all setback requirements set forth in these Codified Ordinances.

      (2)   Isolation of property. In no instance shall the installation of a fence cause the isolation of property that is inaccessible for purposes of yard maintenance and upkeep. Under authority of subsection (b) hereof, the Building and Engineering Department may cause a separation between fences, or between a fence and a structure, or any other remedy necessary to ensure adequate access for cutting of grass and weeds and/or the collection of litter and debris.

(Ord. 2023-01. Passed 2-7-23.)

   Chapter 1473: Vacant Properties of the General Code of Ordinances is intended to prevent blight, protect property values and neighborhood integrity, to avoid the creation and maintenance of nuisances and to ensure the safe and sanitary maintenance of dwellings and commercial and industrial buildings through the registration of vacant properties and inspection of such facilities.

   (a)   The owner of a building used or intended for use for non-residential purpose, who wants to board up the building, must secure a vacancy permit for such building and pay a fee (as established by City Council resolution).

   (b)   Applications for vacancy permits must be submitted to the Department of Building and Engineering, signed by the owner, and contain such information as the Building Official deems pertinent, in addition to the following:

      (1)   The name and address of the owner of the premises as well as the name and address of a person who can be contacted for the purpose of maintaining, repairing or gaining access to the building;

      (2)   The owner's agreement that the Building Official or his or her designate will be permitted to inspect the building at reasonable times and upon reasonable notice;

      (3)   An explanation as to the reason for the vacancy; and

      (4)   A statement as to the owner's intent regarding the securing of an occupant for the building and the timeline for such occupancy and/or improvements.

   (c)   A building for which a vacancy permit has been issued and is currently in effect must be maintained in accordance with the following regulations:

      (1)   If boarding or covering is authorized by the Building Official to make the building secure, it must be accomplished with a material which is painted, coated, arranged, and installed so as to blend in with the decor and architectural style of the exterior of the building; and

      (2)   No rubbish or debris can be stored or allowed to accumulate within the building or property.

   (d)   Upon the Building Official's determination that the regulations regarding vacant buildings have not been complied with, the vacancy permit pertaining to such premises may be revoked. Notice of such revocation is mailed to the persons identified in the application for a vacancy permit.

   (e)   A building existing or maintained in violation of this section is contrary to the Code and a nuisance per se.

(Ord. 2023-01. Passed 2-7-23.)