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(A) On the same premises with every building, structure, or part thereof, 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 in order to avoid undue interference with public use of dedicated rights-of-way.
(B) Such space shall be provided for as follows:
(2) All spaces shall be laid out in the dimension of at least 10 x 50 feet, or 500 square feet in area, with a clearance of at least 14 feet in height. Loading dock approaches shall be provided with a permanent, durable and dustless surface. All space in I Districts shall be provided in the following ratio of space to floor area:
Gross Floor Area (In Square Feet) | Loading and Unloading Space Required in Terms of Square Feet of Usable Floor Area |
0 - 1,400 | None |
1,401 - 20,000 | One space |
20,001 - 100,000 | One space plus one space for each 20,000 square feet in excess of 20,001 square feet |
100,001 and over | Five spaces |
(`73 Code, 15.319, § 5.116) (Ord. eff. 8-1-67; Am. Ord. passed 1973)
Because the uses hereinafter referred to possess unique characteristics making it impractical to include them in a specific use district classification, they may be permitted by the City Council under the conditions specified, and after public hearing. These uses require special consideration since they service an area larger than the city and require sizeable land use areas, creating problems of control with reference to abutting use districts. Reference to those uses falling specifically within the intent of this section is as follows:
(A) Soil excavation and filling. The removal of topsoil, subsoil, gravel, sand, rock, aggregates, earth and other similar materials and the depositing and dumping of sand, gravel, earth, rock, stone, concrete, minerals, and other similar materials shall be subject to the following:
(1) The City Council shall first seek the findings and recommendations, pro or con, of the Planning Commission clearly demonstrating that the removal, depositing or dumping of the above materials will not permanently impair the intended land use potential of the property in question.
(2) The City Council may issue a permit only after a proper notice shall have been made and only after a public hearing shall have been held and upon finding that such excavation or filling will not impair the uses of abutting property as zoned nor create a nuisance to abutting property or the neighborhood.
(3) The City Council may establish standards, operating requirements, applications and review procedures, bonds and other such conditions, restrictions, and safeguards as may be deemed necessary in the interest of the public health, safety and welfare.
(B) Outdoor theaters. Because outdoor theaters possess the unique characteristic of being used only after darkness and since they develop a concentration of vehicular traffic in terms of ingress and egress from their parking area, they shall be permitted within an I Industrial District and only when the site in question is surrounded by an I District. Outdoor theaters shall further be subject to the following conditions:
(1) The proposed internal design shall receive approval from the Building Inspector and the City Engineer as to adequacy of drainage, lighting, screening and other technical aspects.
(2) Outdoor theaters shall abut directly upon a major thoroughfare and points of ingress and egress shall be available to the outdoor theater only from said major thoroughfares and shall not be available from any residential street.
(3) All vehicles, waiting or standing to enter the facility, shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated right-of-way.
(4) The area shall be laid out so as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares. All lighting used to illuminate the area shall be so installed as to be confined within, and directed onto, the premises of the outdoor theater site.
(5) The proposed outdoor theater shall be subject further to the review and approval of the Planning Commission.
(C) Television and radio towers. Television and radio towers and their attendant facilities shall be permitted in any P District, subject further to the following conditions:
(1) The use shall be located centrally on a continuous parcel having a dimension at least equal to the height of the tower measured from the base of said tower to all points on each property line.
(2) The proposed site plan shall receive approval from the City Engineer as to adequacy of drainage, lighting, general safety, and other technical aspects.
(3) The proposed use shall be subject further to the review and approval of the Planning Commission.
(D) Trailer courts. Trailer courts shall only be permitted within an R-M Multiple Family Residential District. Trailer courts shall further be subject to the following requirements and conditions:
(1) The trailer court shall provide a 50-foot greenbelt on all sides abutting a One-Family Residential District and shall further provide for a 20-foot greenbelt between itself and any other abutting district. The greenbelt shall be located within the trailer court site and shall provide a continuous year around obscuring screen.
(2) An open area shall be provided on each trailer coach lot, to insure privacy, and adequate natural light and ventilation to each trailer and to provide sufficient area for outdoor uses essential to the trailer coach. All lots shall contain a minimum area of at least 3,000 square feet. All such trailer lot areas shall be computed exclusive of service drives, facilities and recreation space.
(3) The sum of the yards at the entry side and non-entry side of a trailer coach stand shall be not less than 20 feet provided, however, there shall be a side yard of not less than 15 feet at the entry side of the trailer coach stand and a side yard of not less than five feet at the non-entry side of the trailer coach stand. There shall be a rear yard of not less than five feet at the rear end of the stand and a front yard of not less than ten feet at the front end of the trailer coach stand. For irregularly shaped side yards, the sum is determined as the sum of the average width of each side yard provided that the required minimums above are maintained at all points in the side yard.
(4) No trailer coach shall be located closer than 50 feet to the right-of-way line of a public thoroughfare, or to the trailer court property line.
(5) The trailer court shall have access only to a major thoroughfare by directly abutting thereon and shall not have access available from any residential street.
(6) Prior to public hearings on the proposed trailer court, notification shall be given by the applicant by registered mail, return receipt requested, of the proposal for the trailer court and the date, time and place of public hearing to all owners of property located within 1,000 feet of the proposed trailer court.
(7) All trailer court developments shall further comply with Public Act 243 of 1959, being M.C.L.A. §§ 125.1035 to 125.1043, as amended and any codes or ordinances of the city.
(8) No building or structure hereafter erected or altered in a trailer court shall exceed one story or 14 feet.
(9) The proposed trailer court shall be subject further to the review and approval of the Planning Commission.
(E) Airports and related uses. Airports, landing fields and platforms, hangers, masts and other facilities for the operation of aircraft, shall be permitted in I Industrial Districts, and shall be subject to the following conditions:
(1) The plans for such facility shall be given approval by the Federal Aviation Administration prior to submittal to the Board of Appeals for review and action.
(2) The area of the clear zone (see FAA definition) shall be provided for within the land area under airport ownership.
(3) To enable the Board of Appeals to determine that the above conditions have been satisfactorily complied with, all applications for such uses shall submit detailed site plans showing the location of the site, clear zones and proof of ownership of the land designated as the clear zone.
(4) The proposed airport or related use shall be subject further to the review and approval of the Planning Commission.
(`73 Code, 15.320, § 5.117) (Ord. eff. 8-1-67; Am. Ord. passed 1973; Am. Ord. eff. 6-6-08)
(A) No use otherwise allowed shall be permitted within any district which does not conform to the following standards of use, occupancy, and operations, which are standards hereby established as the minimum requirements to be maintained within the area.
(B) Smoke.
(1) It shall be unlawful for any person, firm or corporation to permit the emission of any smoke from any source whatever to a density greater than that density described as No. 1 of the Ringlemann Chart, provided that the following exceptions shall be permitted: Smoke, the shade or appearance of which is equal to but no darker than No. 2 of the Ringlemann Chart for a period or periods, aggregating four minutes in any 30 minutes.
(2) For the purpose of grading the density of smoke, the Ringlemann Chart, which is hereby made part of this chapter, shall be the standard.
(C) Dust, dirt and fly ash.
(1) No person, firm or corporation shall operate or cause to be operated, maintain or cause to be maintained, any process for any purpose, or furnace or combustion device for the burning of coal or other natural or synthetic fuels, without maintaining and operating, while using said process or furnace or combustion device, recognized and approved equipment, means, method, device or contrivance to reduce the quantity of gasborne or airborne solids or fumes emitted into the open air, which is operated in conjunction with said process, furnace, or combustion device so that the quantity of gasborne or airborne solids shall not exceed 0.20 grains per cubic foot of the carrying medium at a temperature of 500º F.
(2) For the purpose of determining the adequacy of such devices these conditions are to be conformed to when the percentage of excess air in the stack does not exceed 50% at full load. The foregoing requirement shall be measured by the American Society of Mechanical Engineers (A.S.M.E.) Test Code for dust-separating apparatus. All other forms of dust, dirt and fly ash shall be completely eliminated insofar as escape or emission into the open air is concerned. The Building Inspector may require such additional data as is deemed necessary to show that adequate and approved provisions for the prevention and elimination of dust, dirt and fly ash have been made.
(D) Glare and radioactive materials. Glare from any process (such as or similar to arc welding, or acetylene torch cutting) which emits harmful ultra-violet rays shall be performed in such a manner as not to create a public nuisance or hazard along lot lines. Radioactive materials and wastes, and including electro-magnetic radiation such as x-ray machine operation, shall not be emitted to exceed quantities established as safe by the U.S. Bureau of Standards, when measured at the property line.
(E) Fire and explosive hazards. The storage and handling of flammable liquids, liquefied petroleum gases and explosives shall comply with the state rules and regulations as established by Public Act 207 of 1941, being M.C.L.A. §§ 29.1 to 29.34, as amended.
(F) Noise. Objectionable sounds, including those of an intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses.
(G) Odors and fumes. Creation of offensive odors and fumes shall be prohibited.
(H) Wastes. No waste shall be discharged in the public sewer systems which, in the determination of the City Engineer, is dangerous to the public health and safety.
(`73 Code, 15.321, § 5.118) (Ord. eff. 8-1-67; Am. Ord. passed 1973)
(A) Whenever in this chapter a greenbelt or planting is required, it shall be planted within six months from the date of issuance of a certificate of occupancy and shall thereafter be reasonably maintained with permanent plant materials to provide a screen to abutting properties. Suitable materials equal in characteristics to the plant materials listed with the spacing as required shall be provided.
(B) Plant material spacing.
(1) Plant materials shall not be placed closer than four feet from the fence line or property line.
(2) Where plant materials are placed in two or more rows planting shall be staggered in rows.
(3) Evergreen trees shall be planted not more than 30 feet on centers.
(4) Narrow evergreens shall be planted not more than six feet on centers.
(5) Deciduous trees shall be planted not more than 30 feet on centers.
(6) Tree-like shrubs shall be planted not more than ten feet on centers.
(7) Large deciduous shrubs shall be planted not more than four feet on centers.
(C) Suggested plant materials.
Plant Materials | Minimum Size |
Evergreen Juniper Hemlock Fir Pine Spruce Douglas-Fir | Five feet in height |
Narrow Evergreens Column Hinoki Cypress Blue Columnar Chinese Juniper Pyramidal Red-Cedar Swiss Stone Pine Pyramidal White Pine Irish Yew Douglas Arbor-Vitae | Three feet in height |
Tree Like Shrubs Flowering Crab Russian Olive Mountain-Ash Dogwood Redbud Rose of Sharon Hornbeam Hawthorn Magnolia | Four feet in height |
Large Deciduous Shrubs Honeysuckle Viburnum Mock-Orange Forsythia Lilac Ninebark Cotoneaster Hazelnut Euonymus Privet Buckthorn Sumac | Six feet in height |
Large Deciduous Trees Oaks Hard Maples Hackberry Plane tree (Sycamore) Birch Beech Ginkgo Honey locust Sweet-Gum Hop Hornbeam Linden | Eight feet in height |
(D) Trees not permitted.
(1) Box Elder.
(2) Soft Maple (Red-Silver)
(3) Elm
(4) Poplar
(5) Willow
(6) Horse Chestnut (nut bearing)
(7) Tree of Heaven
(8) Catalpa.
(`73 Code, 15.322, § 5.119) (Ord. eff. 8-1-67; Am. Ord. passed 1973)
(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.
Use | Minimum Wall Height Required |
P-1 Vehicular Parking District | 4'6" high wall |
Off-street parking area (other than P-1 Districts and not including single-family dwellings) | 4'6" high wall |
T-1, B-1, B-2, W-M, or O-1 Districts | 4'6" high wall |
I Districts - open storage area, loading or unloading areas, service areas | |
Hospital ambulance and delivery areas | 6' high wall |
Utility buildings, stations, and/or substations, except that in cases where all equipment is contained within a building or structure constructed so as to be similar in appearance to the residential building in the surrounding area, the Board of Appeals may waive the wall requirement | 6' high wall |
(B) Required walls shall be located on the lot line except where utilities interfere and except in instances where this chapter requires conformance with front yard setbacks. Required walls may, upon approval of the Board of Appeals, 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 Board of Appeals in reviewing such request.
(C) Such walls 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 Building Inspector. All walls herein required shall be constructed of materials approved by the Building Inspector, to be durable, weather resistant, rust proof and easily maintained; and wood or wood products shall be specifically excluded. Masonry walls shall be erected on a concrete foundation which shall have a minimum depth of 42 inches below a grade approved by the Building Inspector and shall not be less than four inches wider than the wall to be erected.
(D) The Board of Appeals may waive or modify the foregoing requirements where cause can be shown that no good purpose would be served, provided that in no instance shall a required wall be permitted to be less than four feet, six inches in height. In consideration of requests to waive wall requirements between nonresidential and Residential Districts, the Board shall refer the request to the Planning Commission for a recommendation. In some 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 recommendation as hereinbefore described, for each subsequent waiver prior to the granting of such waiver by the Board.
(`73 Code, 15.324, § 5.121) (Ord. eff. 8-1-67; Am. Ord. passed 1973)
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