§ 153.116  ACCESSORY BUILDINGS AND USES.
   (A)   Accessory buildings and structures.
      (1)   Authorized accessory buildings and structures may be erected as part of the principal building, may be connected to the principal building by a roofed breezeway or similar structure or may be completely detached from the principal building.
      (2)   Where an accessory building is attached to the principal building, it shall be considered part of the principal building for purposes of determining setback dimensions and building height. If, however, the attached accessory building is connected to the principal building by a roofed porch, breezeway or similar covered structure, it shall not exceed 16 feet in height, shall not be closer than 20 feet to the rear lot line and shall meet the front and side yard setback requirements of that zone district.
 
      (3)   In the R1 and R2 Single-Family Residential Districts, if the principal building has an attached accessory building, only one detached accessory building shall be permitted.
      (4)   Lots in the R1 and R2 Zone shall be permitted to have a secondary detached accessory building, such as a storage shed.  Secondary accessory buildings shall meet all the requirements of this section and not exceed 200 square feet in area.
      (5)   No detached accessory building shall have a building footprint (length x width) greater than 2,000 square feet.
      (6)   The minimum distance between a principal building and detached accessory buildings shall be ten feet, and a minimum of ten feet shall be provided between the sides of adjacent single family buildings and/or accessory structures.
      (7)   Detached accessory buildings and structures shall meet the following minimum setbacks.
         (a)   Rear yard: six feet from a rear lot line. Detached accessory structures that store vehicles adjacent to alleys or sidewalks shall not be closer than 15 feet from the edge of the alley or sidewalk surface.
         (b)   Side yards: an accessory building shall conform to the side yard setback requirements of the principal building, unless it is located in a street side yard, the minimum setback shall be 15 feet from the street side lot line.
         (c)   Front yard: an accessory structure shall not be located within any front yard.
      (8)   Detached accessory structures shall not exceed 16 feet in height.
      (9)   Prohibited uses within detached accessory structures or accessory structures connected by a breezeway or similar structure in all districts except the R2 Zone:
         (a)   May not contain features that form a habitable dwelling unit or create a second dwelling unit;
         (b)   These structures may contain utility sinks, one bathroom, and refrigeration units. Full kitchen facilities that include a range or stove are prohibited; and
         (c)   Rooms within accessory structures may be used for additional sleeping quarters for the owner, or resident, and their immediate family provided that these rooms may not be rented out as short or long term rentals for any length of time.
      (10)   Stand-alone carports are prohibited in all zones. Carports attached to existing structures shall meet the requirements of this chapter. Tents, wall tents, garages in a box and similar enclosures are prohibited.
      (11)   Permanent greenhouses shall be considered an accessory structure and meet the requirements of this section.
   (B)   Additional requirements for swimming pools and hot tubs.
      (1)   Any pool over 24 inches deep with a surface area of more than 250 square feet shall comply with the requirements of this division (B) and shall not be constructed, installed, enlarged or altered until a building permit has been obtained.
      (2)   The outside edge of the pool wall and/or the deck and any other appurtenances shall not be located closer than ten feet from any rear or side property line, nor less than ten feet from the principal building. Swimming pools shall not be located in the front yard.
      (3)   (a)   Each pool shall be enclosed by a minimum four-foot high fence, wall, or other structure or device, sufficient to make the pool inaccessible to small children. This enclosure, including gates, shall not be less than four feet above the underlying ground; all gates must be self-latching with latches placed at least four feet above the underlying ground or otherwise made reasonably inaccessible from the outside to small children. The fence may be located around the perimeter of a deck surrounding an above ground pool; provided that, the total height of the deck and the fence does not exceed ten feet. Above ground pools may have gates, removable or swing-up steps or other means to limit entry in lieu of a fence.
         (b)   Except for hot tubs and spas, a swimming pool cover shall not be allowed in lieu of a fence.
      (4)   All swimming pool and hot tub installations shall comply with the state’s Construction Code and all standard codes referred to therein. All electrical installations or wiring in connection with swimming pools shall conform to the provisions of the National Electrical Code. If service drop conductors or other utility wires cross under or over a proposed pool area, the applicant shall make satisfactory arrangements with the utility involved for the relocation thereof before a permit shall be issued for the construction of a swimming pool. A no-fault ground unit shall be provided to protect against electrical shock.
   (C)   Bed and breakfast establishments.
      (1)   The bed and breakfast shall be located within a residence which is the principal dwelling unit on the property. Whenever the bed and breakfast is open for the renting of rooms, the residence shall be occupied by the owner or innkeeper at all times.
      (2)   The rental rooms within the establishment shall be part of the principal dwelling. Bed and breakfast establishments shall not contain more than five rental rooms, however the Planning Commission may consider additional rooms based on the following criteria:
         (a)   The existing single-family home has the capacity for more than five rental rooms;
         (b)   It is a single-family home which has been operated as a bed and breakfast establishment in the past;
         (c)   There is sufficient parking on site, or within 300 feet of the property, to accommodate additional rooms; and
         (d)   The Planning Commission finds that the additional rooms will not have an adverse impact to the residential character of the neighborhood.
      (3)   The residence shall have at least two exits to the outdoors.
      (4)   Signage shall be subject to the requirements of §§ 153.205 through 153.219.
      (5)   A bed and breakfast establishment shall be consistent with the essential character of the residential neighborhood in terms of use, traffic generation and appearance.
      (6)   A bed and breakfast establishment shall not be permitted on a lot or parcel, (including a non-conforming lot or parcel of record) which does not meet the established lot size requirements for the zoning district in which it is located.
   (D)   Boathouses and upland dredging. Special land use approval for a boathouse and upland dredging without a boathouse in the R1 Zone shall be subject to the following requirements.
      (1)   Boathouses and upland dredging shall not be permitted on Lake Michigan or Lake Charlevoix;
      (2)   Boathouses shall have a gabled roof with a minimum roof pitch of 8:12 for new construction. Repair of existing structures may utilize the existing roof pitch and roof design at the time of application.  Multiple peaks and a variety of rooflines or other architectural features consistent with the character of the neighborhood are encouraged. Eaves extending out greater than 24 inches shall be considered part of the building footprint;
      (3)   Boathouses are permitted over the water, but may not extend greater than 80 feet lake ward from the existing sea wall location, or ordinary high water mark if no sea wall is present;
      (4)   Where inland dredging is required, boathouses may not extend greater than 50 feet inland from the existing sea wall location or ordinary high water mark if no sea wall is present;
      (5)   Boathouses and upland dredging shall be located at least ten feet from side lot lines; no rear yard setback required;
      (6)   Boathouses shall not exceed a building footprint (length x width) of 2,000 square feet in area, exclusive of eaves;
      (7)   Boathouses and upland dredging shall not contain sleeping quarters, kitchens or bathrooms;
      (8)   In the R1 Zone, boathouses and upland dredging shall not exceed a height of 16 feet with the base elevation starting at the ordinary high water mark.
 
      (9)   Existing sea wall locations shall be considered the rear lot line for the purposes of calculating lot area and coverage requirements.
      (10)   Sea walls may not be extended lake ward, nor shall any filling take place for the purposes of increasing lot size or relocating the rear lot line.
 
      (11)   Upland dredging that would result in permanent alteration of the shoreline requires a public hearing for a special use permit before the property owner applies for all applicable permits from relevant local, state and federal governments and agencies.
      (12)   Boathouses in the Belvedere Club and Chicago Club are excluded from the height requirements for accessory structures; provided that, they may be extended in the same building line elevation and size as the existing boathouses.
 
   (E)   Day care; group day care home. Special land use approval for a group day care home shall be subject to the following.
      (1)   A group day care home shall not be located within a 500-foot radius of any of the following:
         (a)   A facility offering substance abuse treatment and rehabilitation service to seven or more people licensed under Art. 6 of the Public Health Code, Public Act 368 of 1978, being M.C.L.A. §§ 333.6101 to 333.6523; or
         (b)   A community correction center, resident home, halfway house or other similar facility which houses an inmate population under the jurisdiction of the department of corrections.
      (2)   The outdoor recreation area shall be fenced and screened from any abutting residential district or use by a decorative fence or wall, or a landscaped equivalent.
      (3)   The applicant shall provide evidence of the ability to comply with all applicable state licensing requirements.
   (F)   Drive-through facility (except those serving a restaurant).
      (1)   Sufficient stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way, nor does it interfere with internal circulation of vehicles. A minimum of two stacking spaces for each drive-through station shall be provided.
      (2)   The parking and maneuvering areas of the site shall be fenced and screened from the view of any abutting residential district or use by a decorative fence or wall, a landscaped equivalent or a combination of both.
      (3)   Outdoor speakers for the drive-through facility shall be located in a way that minimizes sound transmission toward adjacent property. Amplified sound shall not be audible at the property line of any adjacent residential property.
      (4)   Access lanes shall be designed so service and stacking do not interfere with parking spaces or maneuvering on the site.
   (G)   Home occupations.
      (1)   Minor home occupations do not require a zoning permit. Major home occupations shall require special land use approval pursuant to §§ 153.250 through 153.257 of this chapter.
      (2)   Except for a sign, as allowed by §§ 153.205 through 153.219, the home occupation must not be evident from the street or any neighboring property.
   (H)   Outdoor display and sales (accessory). Outdoor Display and Sales are allowed in CBD Overlay only during district-wide sidewalk sale events.  Outdoor display and sales that are accessory to a permitted or special land use shall be subject to the following requirements:
      (1)   Required setbacks.
         (a)   Outdoor display or sales located within a roofed enclosure shall be considered to be within an accessory building and subject to all applicable requirements of division (A) above.
         (b)   If the enclosure is attached in any way to the principal building, it shall be considered part of the principal building and subject to all requirements for the principal building.
         (c)   If the enclosure is not attached to the principal building, but is located within a yard adjacent to a residential district, it shall meet the minimum setback requirements for a principal building.
         (d)   Open sales, display or storage areas shall meet the minimum setback requirements for a principal building.
      (2)   Outdoor storage. Outdoor storage is not permitted in any parking area. Sales or display of merchandise may be permitted within a parking area; provided:
         (a)   The items displayed or sold are seasonal in nature and the display area is for a limited duration;
         (b)   The outdoor sales and displays shall not reduce the available parking spaces below the minimum required by this chapter; and
         (c)   Sales and display areas shall not interfere with safe and efficient traffic and pedestrian movements on the site.
      (3)   Outdoor sales. Outdoor sales and display areas adjacent to a building shall be situated so safe and convenient ingress/egress and emergency access to the building are maintained.
      (4)   Outdoor display and sales. Outdoor display and sales areas located within any yard adjacent to a residential district (except for a yard separated from the residential district by a street right-of-way) shall be screened with a solid fence or decorative wall with a maximum height of six feet.
   (I)   Solar panels.
      (1)   General requirements.
         (a)   If it is intended that a solar energy collector system be hooked to the electrical grid, then any single lot or parcel shall be limited to 20 kilowatts (kW) of total aggregated nameplate capacity.
         (b)   The exterior surfaces of a solar energy collector shall be generally neutral in color and substantially non-reflective of light. A unit may not be installed or located so sunlight or glare is reflected into neighboring residences or onto adjacent streets.
         (c)   A solar energy collector shall be permanently and safely attached to the building or structure. Proof of the safety and reliability of the means of attachment shall be submitted to the county’s Department of Building Safety prior to installation.
         (d)   Solar energy collectors, and the installation and use thereof, shall comply with the county’s Construction Code, the Electrical Code and other applicable city, county, state and federal requirements.
         (e)   There shall be no signs on the unit greater than three square feet or other than allowed in §§ 153.205 through 153.219.
         (f)   A building-mounted unit may only be attached to the principal building, or to an accessory building serving the principal use, such as a barn, garage or shed.
      (2)   Ground-mounted units. A ground-mounted solar energy collector shall be subject to the requirements for detached accessory structures, as required in division (A) above. No individual ground-mounted unit shall exceed 500 square feet in area or be greater than 15 feet in height.
      (3)   Roof-mounted units.
         (a)   A roof-mounted unit shall not project above the peak or beyond the eaves, gables or other edge of the roof on which it is mounted.
         (b)   Installation:
            1.   On a roof surface visible from the street, a roof-mounted unit shall not extend more than 18 inches above the roof surface. The panel(s) shall be mounted at the same angle as the roof upon which the unit is mounted.
            2.   On a roof surface that is not visible from the street, a roof-mounted unit shall not extend more than six feet above the roof surface. The unit need not be mounted at the same angle as the roof. No portion of the unit may be visible from the street.
            3.   A roof-mounted unit shall be only of such weight as can safely be supported by the structure. Proof, in the form of certification by a professional engineer or other qualified professional, shall be submitted to the county’s Department of Building Safety prior to installation.
      (4)   Wall-mounted units.
         (a)   A wall-mounted solar energy collector shall not obstruct drives or other traffic ways and shall not extend further than eight feet from the building wall. No portion of the unit may extend above the building wall to which it is attached.
         (b)   A wall-mounted unit may not extend into a required yard.
         (c)   Surface area:
            1.   On any wall visible from a street, the surface area of the wall-mounted unit shall not exceed 30% of the area of the wall onto which it is mounted and shall not obscure any window or door.
            2.   On any other wall, the surface area of the unit shall not exceed 50% of the area of the facade. The unit may be located in front of windows or other openings.
            3.   For the purpose of this section, the area of the facade wall shall include all of the area bounded by the height and width of the wall, including any windows, doors or other openings.
   (J)   Wind energy conversion systems, single accessory. This division (J) establishes standards and procedures by which the installation and operation of a single accessory wind energy conversion systems (WECS) shall be governed within the city.
      (1)   Prohibited use. Only single accessory WECS shall be allowed. A WECS with the primary purpose of providing power to the utility grid or any other use not on the same site is prohibited.
      (2)   Review requirements.
         (a)   A WECS may only be authorized upon approval of a special land use, according to §§ 153.250 through 153.257 of this chapter.
         (b)   In addition to any submittal requirements for special land uses in §§ 153.250 through 153.257 of this chapter or site plan review submittal requirements in §§ 153.230 through 153.243 of this chapter, the application and site plan for a single accessory WECS shall include the following information:
            1.   Name of applicant, name of site plan preparer (if different), name of WECS manufacturer and name of WECS installer, with contact information;
            2.   A scaled drawing of the property, showing dimensions of all property lines and the area of the lot in square feet;
            3.   Location and setback of all structures on the site, including any overhead utility lines;
            4.   Proposed location of the WECS equipment on the site or on the building;
            5.   Setbacks of the WECS, in accordance with the setback requirements of this division (J), from property lines and (if ground-mounted) from structures;
            6.   A scaled elevation drawing of the WECS installation (including the building, if the WECS is building-mounted) showing the WECS height, rotor diameter and all other applicable elements to confirm conformance with the requirements of this division (J); and
            7.   Certification that the WECS system and mount meets any current standards developed by one of the following: the IEC (International Electrotechnical Commission), ANSI (American National Standards Institute) or SWCC (Small Wind Certification Commission).
      (3)   Single accessory WECS general requirements.
         (a)   A property may have either ground-mounted or building-mounted WECS, but not both.
         (b)   Minimum lot area: A building-mounted WECS shall be allowed on any lot, except in the SR district, provided that all other requirements are met. The minimum lot area for installation of a ground-mounted WECS shall be 10,000 square feet.
         (c)   Power rating of the WECS turbine shall not be greater than 25 kilowatts (kW). If it is intended that the WECS be tied into the grid, the total aggregated nameplate capacity of all turbines shall not exceed 20 kilowatts (kW).
         (d)   The WECS shall provide energy only to the structures and uses on the same property upon which the tower is located and must be owned or leased by the owner of the same property; however, this does not prevent the distribution to the local utility company, through metering required by the utility, of any power that is generated beyond the needs of the structures or uses on the property.
         (e)   No sound attributed to the WECS in excess of 55 dBA (A-weighted decibels) shall be discernible at the property line.
         (f)   There shall be no signs on the unit greater than three square feet, other than allowed per §§ 153.205 through 153.219.
         (g)   There shall be no lighting on or directed at the WECS, except as may be required by the Federal Aviation Administration.
         (h)   The WECS shall be painted in a matte color, such as gray or light blue, intended to blend into the background. A building-mounted WECS may be painted in similar colors to those on the building.
         (i)   A WECS shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation or over-speeding. Emergency shut-off information shall be posted on the tower in an easily visible location, or for a building-mounted WECS, shall be in a location easily accessible and visible.
         (j)   A WECS shall employ an anti-climbing device or be designed to prevent climbing and other unauthorized access.
         (k)   A WECS shall not be installed in any location where its proximity to existing fixed broadcast, re-transmission or reception antenna for radio, television or wireless phone or personal communication systems would produce electromagnetic interference with signal transmission or reception.
         (l)   The applicant shall provide written evidence that the WECS complies with all applicable federal, state and county requirements, in addition to city ordinances.
         (m)   All WECS installations shall comply with applicable Electric and Building Code standards, as adopted by the state and the county’s Department of Building Safety.
         (n)   A WECS shall be removed when the device or equipment is no longer operating or when it has been abandoned. A WECS shall be deemed abandoned when it has not produced electrical energy for 12 consecutive months.
         (o)   1.   An existing and approved WECS may be repaired and maintained; however, a WECS may only be replaced with a new WECS upon approval of the Zoning Administrator; provided that, the new WECS is of the same height, rotor diameter, setback and the like as the WECS it replaces.
            2.   For the purposes of this division (J)(3)(o), a NEW OR REPLACEMENT WECS shall mean all of the WECS, excluding the tower or support structure.
      (4)   Ground-mounted single accessory WECS.
         (a)   There shall be no more than one ground-mounted on-site service WECS per parcel or lot.
         (b)   A ground-mounted WECS shall not be located within a front yard.
         (c)   1.   The WECS shall be located on the property so that it is set back from all property lines a distance equal to the WECS height.
            2.   The setback shall be measured from the property line (considered as a plane extending from the ground to the highest point of the WECS) to the closest extension of the rotor relative to the property line.
         (d)   The WECS height shall be limited by available setbacks as required in division (J)(4)(c) above; however, no WECS shall exceed 50 feet high.
         (e)   The minimum rotor blade tip clearance from grade, any structure or utility line shall be 15 feet.
         (f)   The diameter of the rotor shall be dependent upon maximum WECS height and rotor blade tip clearance, but in no case shall it exceed 50 feet.
      (5)   Building-mounted single accessory WECS.
         (a)   There may be more than one building-mounted single accessory WECS on a single property; however, each individual WECS shall meet all of the requirements in this division (J)(5), and each WECS shall be separated from any other WECS no less than ten feet, measured between the maximum extension of the rotors.
         (b)   1.   The WECS shall be mounted so that it is set back from adjoining property lines a distance equal to the combined height of the WECS and the height of the portion of the building on which it is mounted.
            2.   The setback shall be measured from the property line (considered as a plane extending from the ground to the highest point of the WECS) to the closest extension of the rotor relative to the property line.
 
         (c)   The WECS height shall be limited by available setbacks as required in division (J)(5)(b) above; however, no building-mounted WECS shall exceed the maximum permitted height for principal buildings in the district, plus 20 feet.
         (d)   The diameter of the rotor shall not exceed 25 feet.
         (e)   The mount and the structure used to support a building-mounted WECS shall meet applicable standards, as certified by an engineer.
      (6)   Conditions of approval.
         (a)   Consistent with the purpose for which conditions of approval for a special land use may be imposed as provided in §§ 153.250 through 153.257 of this chapter, the conditions, among other purposes, may regulate the construction, installation, use, maintenance, repair and removal of any WECS.
         (b)   Such conditions may include, but are not limited to, the following:
            1.   The preservation of existing trees and other existing vegetation not required to be removed for installation of a WECS;
            2.   The reasonable replacement of trees or other vegetation removed or destroyed during the construction or installation of a WECS;
            3.   Altering the location of the WECS to prevent impacts on neighboring properties, provided that all other requirements of this section are met; and
            4.   Requiring a performance bond or letter of credit, in favor of the city, and conditioned upon the timely and faithful performance of all required conditions of the special land use, including, but not limited to, the timely and complete removal of a WECS, regulated under the terms of § 153.239 of this chapter, when required. Such performance bond or letter of credit shall remain in effect during and after the operation of a WECS until its operations have ceased and it has been removed.
(Prior Code, § 5.46)  (Ord. 791, passed 3-19-2018; Ord. 795, passed 11-5-2018; Ord. 801, passed 4-15-2019; Ord. 823, passed 1-4-2021)