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Charlotte, MI Code of Ordinances
CITY OF CHARLOTTE, MICHIGAN CODE OF ORDINANCES
CHARTER
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: ADMINISTRATION
CHAPTERS 3-5: RESERVED
CHAPTER 6: ALCOHOLIC LIQUORS
CHAPTERS 7-9: RESERVED
CHAPTER 10: ANIMALS
CHAPTERS 11 - 13: RESERVED
CHAPTER 14: BUILDINGS AND BUILDING REGULATIONS
CHAPTER 15: BUSINESSES
CHAPTERS 16 - 17: RESERVED
CHAPTER 18: CABLE COMMUNICATIONS
CHAPTERS 19 - 21: RESERVED
CHAPTER 22: COMMUNITY DEVELOPMENT
CHAPTERS 23 - 25: RESERVED
CHAPTER 26: RESERVED
CHAPTERS 27 - 29: RESERVED
CHAPTER 30: FIRE PREVENTION AND PROTECTION
CHAPTER 31: RESERVED
CHAPTER 32: MUNICIPAL CIVIL INFRACTIONS
CHAPTER 33: RESERVED
CHAPTER 34: OFFENSES
CHAPTERS 35 - 37: RESERVED
CHAPTER 38: PARKS AND RECREATION
CHAPTERS 39 - 41: RESERVED
CHAPTER 42: PLANNING
CHAPTERS 43 - 45: RESERVED
CHAPTER 46: SOLICITORS AND CANVASSERS
CHAPTERS 47 - 49: RESERVED
CHAPTER 50: SOLID WASTE
CHAPTER 51: RESERVED
CHAPTER 52: PROPERTY MAINTENANCE AND NUISANCE ABATEMENT
CHAPTER 53: RESERVED
CHAPTER 54: SPECIAL ASSESSMENTS
CHAPTERS 55 - 57: RESERVED
CHAPTER 58: STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES
CHAPTERS 59 - 61: RESERVED
CHAPTER 62: SUBDIVISION REGULATIONS
CHAPTER 63: RESERVED
CHAPTER 64: TAX EXEMPTION
CHAPTER 65: RESERVED
CHAPTER 66: TRAFFIC AND VEHICLES
CHAPTER 67: RESERVED
CHAPTER 68: UTILITIES
CHAPTER 69: RESERVED
CHAPTER 70: VEGETATION
CHAPTER 71: RESERVED
CHAPTER 72: MUNICIPAL AIRPORT
CHAPTER 73: RESERVED
CHAPTER 74: VEHICLES FOR HIRE
CHAPTERS 75 - 81: RESERVED
CHAPTER 82: ZONING
ARTICLE I. IN GENERAL
ARTICLE II. ADMINISTRATION
ARTICLE III. BOARD OF APPEALS
ARTICLE IV. ESTABLISHMENT OF DISTRICTS AND OFFICIAL ZONE MAP
ARTICLE V. R-1 AND R-2 ONE-FAMILY RESIDENTIAL DISTRICTS
ARTICLE VI. RT TWO-FAMILY RESIDENTIAL DISTRICT
ARTICLE VII. RM-1 MULTIPLE-FAMILY RESIDENTIAL DISTRICT
ARTICLE VIII. RM-2 MULTIPLE-FAMILY RESIDENTIAL DISTRICT
ARTICLE IX. MH MOBILE HOME RESIDENTIAL DISTRICT
ARTICLE X. OS-1 OFFICE-SERVICE DISTRICT
ARTICLE XI. B-1 LOCAL BUSINESS DISTRICT
ARTICLE XII. B-2 COMMUNITY BUSINESS DISTRICT
ARTICLE XIIA. MARGINAL SERVICE ROADS
ARTICLE XIII. B-3 GENERAL BUSINESS DISTRICT
ARTICLE XIV. CBD CENTRAL BUSINESS DISTRICT
ARTICLE XV. C CONSERVANCY DISTRICT
ARTICLE XVI. IRO INDUSTRIAL RESEARCH OFFICE DISTRICT
ARTICLE XVII. I-1 LIGHT INDUSTRIAL DISTRICT
ARTICLE XVIII. I-2 GENERAL INDUSTRIAL DISTRICT
ARTICLE XIX. P-1 VEHICULAR PARKING DISTRICT
ARTICLE XX. SCHEDULE OF REGULATIONS
ARTICLE XXI. SUPPLEMENTARY REGULATIONS
ARTICLE XXII. EXCEPTIONS
ARTICLE XXIII. PLANNED DEVELOPMENT DISTRICT
ARTICLE XXIV. NEIGHBORHOOD COMMERCIAL MX-1 MIXED-USE OVERLAY DISTRICT
ARTICLE XXV. COMMERCIAL CANNABIS OVERLAY DISTRICTS
PARALLEL REFERENCES
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§ 82-462 EXTERIOR LIGHTING.
   (A)   All outdoor lighting in all use districts used to light the general area of a specific site shall be shielded to reduce glare and shall be so arranged as to reflect lights away from all adjacent residential districts or adjacent residences.
   (B)   All outdoor lighting in all use districts shall be directed toward and confined to the ground areas of lawns or parking lots.
   (C)   All lighting in nonresidential districts used for the external illumination of buildings, so as to feature the buildings, shall be placed and shielded so as not to interfere with the vision of persons on adjacent highways or adjacent property.
   (D)   Illumination of signs shall be directed or shaded downward so as not to interfere with vision of persons on the adjacent highways or adjacent property.
   (E)   All illumination of signs and any other outdoor feature shall not be of a flashing type. Artificial light shall be maintained constant in intensity and color at all times when in use.
(1993 Code, § 82-462) (Ord. passed 10-12-1992)
§ 82-463 CORNER CLEARANCE.
   No fence, wall, shrubbery, sign or other obstruction to vision above a height of 2 feet from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between the right-of-way lines at a distance along each line of 25 feet from their point of intersection, nor shall such obstruction to vision be permitted at the intersection of any driveway or alley and a street right-of-way line within a triangular area formed at such intersection by a straight line drawn between the driveway or alley line and the street right-of-way line at a distance along each line of 15 feet from their point of intersection. In those instances where such triangular area cannot be constructed on the property in question, a 15-foot setback shall be required between the property line and the driveway or alley. (See Appendix G)
(1993 Code, § 82-463) (Ord. passed 10-12-1992)
§ 82-464 RESIDENTIAL ENTRANCEWAY.
   In all residential districts, so-called entranceway structures, including but not limited to walls, columns and gates marking entrances to single family subdivisions or multiple housing projects, may be permitted and may be located in a required yard, except as provided in § 82-458, provided that such entranceway structures shall comply with all codes of the city and shall be approved by the Building Department and a permit issued.
(1993 Code, § 82-464) (Ord. passed 10-12-1992)
§ 82-465 FENCES.
   (A)   Purpose. It is in the best interest of all city residents to ensure attractive and safe neighborhoods. Fence regulations help preserve the aesthetic quality of the city's neighborhoods while protecting the health, safety and welfare of all residents.
   (B)   Definitions.
      (1)   The following definitions shall be used in interpretation and enforcement of this chapter. If a term is not defined herein, the definition stated in the city's subdivision or zoning regulations shall be used.
      (2)   If the term is not defined in the subdivision or zoning regulations, the common meaning of the term, as stated in a generally accepted dictionary, shall be used.
      (3)   For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
         BUILDING CODE. The current building code adopted and enforced by the city or its designee.
         CLEAR-VIEW TRIANGLE (CVT). The triangular area near driveways openings and street intersections intended to provide the required corner clearance, as described in § 82-463, Corner Clearance.
         FENCE. A structure serving as an enclosure, barrier or boundary, usually made of posts, boards, chain link, masonry, wire, vinyl or rails, with a height of at least 24 inches.
         FENCE, ORNAMENTAL. A manmade structure, the surface area of which is more than 50% open. Ornamental fences do not include chain link fences or fences of wire construction.
         FINISHED SIDE. The side of a fence that covers the posts and support structures.
         FRONT YARD. The setback area required by the zoning ordinance for the zoning district in which the property is located, or the area between the property line and the principal structure on a parcel, whichever is less. A corner property has FRONT YARD areas along both street frontages.
         HEIGHT. The vertical distance from the adjacent grade to the highest portion of a fence.
         REAR YARD. The area of a parcel from the required front yard area or front of a structure to the back property boundary, and excluding defined side yard areas.
         RIGHT-OF-WAY (ROW). Land dedicated to the public for public use as streets, utility areas, sidewalks, alleys or pedestrian ways.
         SIDE YARD. The setback area between structures on a parcel and the side property lines as required by the zoning ordinance for the zoning district in which the property is located.
   (C)   Permitted fence materials.
      (1)   (a)   All fences shall be constructed in a workman-like manner, and of generally accepted fencing materials such as painted or treated wood, chain link, brick, stone, vinyl and wrought iron.
         (b)   Other material that is generally acceptable for fencing shall be considered as well. The City of Charlotte Zoning Official shall make the determination as to whether a proposed material is appropriate.
      (2)   No fence shall constitute a blighting influence, nuisance or hazard.
      (3)   Barbed wire shall not be permitted in a residential zoning district, and shall be a minimum of six feet high on security fencing in commercial and industrial areas. Barbed wire must not project over any public right-of-way.
      (4)   Chain link fences must be constructed so as to have the barbed end at the bottom of the fence.
      (5)   Fences shall not have any sharp points, nor be electrified nor carry any charge of electricity intended as a security measure.
   (D)   Residential zoning districts.
      (1)   Residential uses in residential zoning districts shall be permitted fencing as follows.
         (a)   Front yard. Ornamental fencing, not exceeding 42 inches in height as measured from the established sidewalk or curb grade may be located within a front yard. Ornamental fences shall be faced decorative side outward. Front yard fencing shall not intrude or interfere with any CVT area, as described in this chapter.
         (b)   Side yard. Fencing shall not exceed six feet, six inches in height in any side yard area.
         (c)   Rear yard. Fencing shall not exceed six feet, six inches in height in any rear yard areas.
         (d)   Recorded lots having a lot area in excess of two acres and a frontage of at least 200 feet are excluded from these regulations.
      (2)   No fence that obstructs view of an intersection or creates a visual safety hazard shall be permitted. In those cases where a determination is required, the City of Charlotte Chief of Police or designee shall make such determination.
         (a)   A CVT shall be required at all intersections and driveways.
         (b)   No fencing shall be permitted in the CVT area.
      (3)   No fence shall be erected where it would unreasonably obstruct the continued use of, or safe access to any abutting property.
      (4)   In those cases where a fence has an identifiable finished side, the fence shall be installed so that the finished side faces outward.
   (E)   Commercial, business and industrial zoning districts.
      (1)   All fencing shall meet the requirements of the Building Code.
      (2)   No fence that obstructs view of an intersection or creates a visual safety hazard shall be permitted.
         (a)   A CVT shall be required at all intersections and driveways.
         (b)   No fencing shall be permitted in the CVT area.
      (3)   No fence shall be erected where it would unreasonably obstruct the continued use of, or safe access to any abutting property.
      (4)   In those cases where a fence has an identifiable finished side, the fence shall be installed so that the finished side faces outward.
      (5)   In those cases where screening is required between land uses, the standards of § 82-467 shall be followed.
   (F)   Swimming pools. All swimming pool fencing shall comply with state statutory and Building Code requirements.
   (G)   Temporary fences. Temporary fences, including the use of wood or plastic snow fences to limit the drifting of snow between November 1 and April 1, chain link fences to protect construction and excavation sites, and fences to protect plants and/or landscaping during construction projects, shall be permitted without a permit; provided, the fence is not more than five feet in height
   (H)   Property lines and easement areas.
      (1)   Property lines.
         (a)   Property owners are responsible for locating property boundaries.
         (b)   A fence may be allowed on a property boundary if written permission is received from the abutting property owner, and submitted to the city with the fence permit application.
         (c)   The applicant is responsible for fence maintenance of a fence on a property boundary. In those cases where the original applicant no longer owns a property, the current owner of the applicant property will be responsible for fence maintenance.
         (d)   If written permission is not obtained from the neighboring property owner, the fence shall be placed a minimum of one foot from the property boundary.
         (e)   If a neighboring property owner disputes the proposed fence location due to unknown property boundaries, or if the City of Charlotte Zoning Official requires one, a certificate of survey from a state-registered land surveyor shall be required prior to issuance of a fence permit
         (f)   City staff may attempt to assist a property owner in locating known property boundaries, but this does not constitute a survey if the boundary is disputed by an abutting property owner.
      (2)   Easement areas.
         (a)   Fencing proposed for easement areas shall be reviewed on a case-by-case basis to determine its impact on the easement areas.
         (b)   Even if the fence is approved for an easement area by the city, it shall be the responsibility of the property owner to remove and replace the fence should access or maintenance of the easement area be necessary.
         (c)   A fence proposed for an easement area may be denied if it will obstruct drainage or negatively affect the easement area. A permit may be issued if the applicant has the written permission of the easement holder.
   (I)   Maintenance.
      (1)   All fences shall be maintained in an upright, vertical condition and shall not create a blighting influence on the surrounding neighborhood or area.
      (2)   Maintenance must be done on a regular basis to prevent the fence from being in a state of disrepair.
      (3)   Failure to maintain or repair a fence, once notified by the city that maintenance or repairs are necessary, shall constitute a violation of this section.
   (J)   Permit requirements and fee.
      (1)   Permit requirements.
         (a)   A permit is required when constructing a new fence or extending an existing fence.
         (b)   A permit is also required when reconstructing more than half of the linear length of an entire fence.
         (c)   A site plan or plot drawing shall be required before issuance of a fence permit.
            1.   The plan or drawing shall show the location and dimension of the fence, location of property line and distance to all structures on the property.
            2.   The fence height and material shall also be noted on the site plan, drawing and/or application form.
      (2)   Fee.
         (a)   A fence permit application fee set by City Council from time to time shall also be required with the fence permit application.
         (b)   This fee shall help cover costs of review of the fence permit application and is not refundable, even if the fence permit is not approved.
   (K)   Nonconforming fences. Any nonconforming fence may be repaired like-for-like in height, location and material, up to 50% of the overall linear footage of the nonconforming section. In no case shall a nonconforming fence be enlarged or extended, and shall not be replaced except in a conforming manner. City of Charlotte staff can approve repair to a nonconforming fence under these criteria.
   (L)   Variances.
      (1)   Conditions of variances. Where there are practical difficulties or unnecessary hardships in carrying out the strict letter of the provisions of this section, a variance may be granted; provided that all the following conditions are true.
         (a)   The particular physical surroundings, shape or topographical conditions of the specific parcel of land involved cause a particular hardship to the owner, as distinguished from a mere inconvenience, if the strict letter of this section were to be carried out.
         (b)   The conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought, and are not generally applicable to other property within the same zoning classification.
         (c)   The alleged difficulty or hardship must be caused by this section and not by any person presently having an interest in the parcel of land.
         (d)   The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located.
         (e)   The proposed variance will not impair an adequate supply of light and air to adjacent properties, will not increase the congestion of the public streets, will not endanger the public safety; or will not diminish or impair property values within the neighborhood.
      (2)   Variance procedures.
         (a)   A person desiring to secure a variance from any provisions of this section shall fill out and submit to the Zoning Administrator a variance form, together with the required filing fee as set by the City Council.
         (b)   The fee for the variance application shall be the same as the fee set by the City Council for a variance from the Zoning Ordinance.
         (c)   Notice of the variance proceedings shall be mailed to adjacent property owners within 300 feet of the property seeking the variance at least 15 days prior to the variance being heard.
         (d)   The request for variance shall be heard and determined by the City of Charlotte Zoning Board of Appeals following the required public hearing.
(1993 Code, § 82-465) (Ord. passed 10-12-1992; Ord. passed 7-24-1995; Ord. passed 1-11-1999(3); Ord. 2022-06, passed 10-17-2022)
§ 82-466 FENCES, INDUSTRIAL.
   Industrial fences are permitted as follows.
      (1)   Fences not exceeding 3 feet in height shall be allowed within the required front yard. All fences shall comply with § 82-463, related to corner clearance.
      (2)   Fences not to exceed 8 feet in height shall be permitted in side yards, rear yards, and nonrequired front yards. Barbed wire in not more than 3 strands mounted in a wye at the top of the fence shall be permitted, provided such wye is located to project over the property being fenced.
      (3)   Recorded lots having a lot area in excess of 2 acres and a frontage of at least 200 feet, and acreage or parcels not included within the boundaries of a recorded plat, are excluded from these regulations.
      (4)   Fences shall not contain barbed wire, electric current or charge of electricity.
      (5)   Fences which enclose public or institutional parks, playgrounds, or public landscaped areas, situated within an area developed with recorded lots, shall not exceed 8 feet in height, measured from the surface of the ground, and shall not obstruct vision to an extent greater than 25% of their total area.
(1993 Code, § 82-466) (Ord. passed 10-12-1992)
§ 82-467 WALLS.
   (A)   For those use districts and uses listed below there shall be provided and maintained on those sides abutting or adjacent to a residential district an obscuring wall as required below, except as otherwise required in subsection (F) of this section.
Use
Requirements
Use
Requirements
P-1 Vehicular Parking District
4'6" high wall
Off-street parking area (other than P-1 Districts)
4'6" high wall
B-1, B-2, B-3, CBD and OS-1 Districts
4'6" high wall
IRO, I-1, I-2 Districts – open storage areas, loading or unloading areas, service areas
4'6" to 8' high wall or fence. Height shall provide the most complete obscuring wall possible
Auto wash, drive-in restaurant
6'0" high wall
Hospital – ambulance and delivery areas
6'0" high wall
Utility buildings, stations and/or substations
6'0" high wall
 
   (B)   The Planning Commission may in its review of site plans for specific uses allow or require the provision of an earth berm and/or a greenbelt planting consisting of trees and shrubs to serve as an obscuring wall, where such obscuring walls are required under this chapter, and where conditions are such that a more effective and harmonious development with abutting or neighboring land uses would result. Review and approval shall be required by the Planning Commission of types of plant materials and their location in such greenbelt.
   (C)   Required walls shall be located on the lot line except where underground utilities interfere and except in instances where this chapter requires conformance with front yard setback lines in abutting residential districts. Upon review of the site plan, the Planning Commission may approve a reduction in height requirements or may approve an alternate location for the wall or may waive the wall requirement if in specific cases it would not serve the purposes of screening the parking area effectively. Required walls may, upon approval of the Planning Commission, be located on the opposite side of an alley right-of-way from a nonresidential zone that abuts a residential zone when mutually agreeable to affected property owners. The continuity of the required wall on a given block will be a major consideration of the Planning Commission in reviewing such request.
   (D)   Walls and screening barriers shall have no openings for vehicular traffic or other purposes, except as otherwise provided in this chapter and except such openings as may be approved by the Chief of Police and the Building Official. All walls required in this section shall be constructed of materials approved by the Building Official to be durable, weather resistant, and rustproof, and shall be maintained by the property owner or tenant at all times equal in condition to the completed structure at the time of initial installation. Walls may be constructed with openings which do not in any square section (height and width) exceed 20% of the surface. Where walls are so pierced, the openings shall be so spaced as to maintain the obscuring character required, and shall not reduce the minimum height requirement. The arrangement of the openings shall be reviewed and approved by the Building Official.
   (E)   The city may require that suitable maintenance guarantee be provided for the continued maintenance of walls required under this chapter.
   (F)   The requirement for an obscuring wall between off-street parking areas, outdoor storage areas, and any abutting residential districts shall not be required when such areas are located more than 200 feet distant from such abutting residential district.
   (G)   The Board of Appeals may waive or modify the requirements of this section where cause can be shown that no good purpose would be served.
      (1)   In consideration of request to waive all requirements between nonresidential and residential districts, the Board shall refer the request to the Planning Commission for a determination as to whether or not the residential district is considered to be an area in transition and will become nonresidential in the future.
      (2)   In such cases as the Planning Commission determines the residential district to be a future nonresidential area, the Board may temporarily waive wall requirements for an initial period not to exceed 12 months. Granting of subsequent waivers shall be permitted, provided that the Planning Commission shall make a determination, as described in this section, for each subsequent waiver prior to the granting of such waiver by the Board. (See Appendix I.)
(1993 Code, § 82-467) (Ord. passed 10-12-1992)
§ 82-468 USE RESTRICTION.
   No portion of a lot or parcel once used in complying with the provisions of this chapter for yards, lot area per family, density as for a development in the multiple-family district, or percentage of lot occupancy in connection with an existing or proposed building or structure shall again be used as part of the lot or parcel required in connection with any other building or structure existing or intended to exist at the same time.
(1993 Code, § 82-468) (Ord. passed 10-12-1992)
§ 82-469 FRONTAGE ON A PUBLIC STREET.
   No zoning lot shall be used for any purpose permitted by this chapter unless the lot abuts a public street, unless otherwise provided for in this chapter. This provision shall not apply to mobile home parks which are regulated in accord with Public Act 96 of 1987, being M.C.L.A. §§ 125.2301 et seq., as amended.
(1993 Code, § 82-469) (Ord. passed 10-12-1992)
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