1286.01 Accessory Buildings.
1286.02 Landscaping.
1286.03 Exterior Lighting.
1286.04 Residential Entranceways.
1286.05 Corner Clearance.
1286.06 Fences.
1286.07 General Exceptions.
1286.08 Outdoor Boilers.
1286.09 Michigan Medical Marihuana Act, M.C.L.A. §§ 333.26421 et seq., as amended (MMMA) and Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., as amended (MRTMA).
1286.10 Home Occupations.
1286.11 Donation Drop Boxes.
1286.12 Decks and Porches.
1286.13 Swimming Pools, Hot Tubs, and Spas.
CROSS REFERENCES
Zoning and planning in home rule cities - see M.C.L.A. § 117.4i
Regulation of location of trades, buildings and uses by local authorities - see M.C.L.A. § 125.581
Regulation of buildings; authority to zone - see M.C.L.A. § 125.582
Uses of land or structures not conforming to ordinances; powers of legislative bodies; acquisition of property - see M.C.L.A. § 125.583a
Fences for junk dealers - see B.R & T. 832.05
Sight lines - see S.U. & P.S. 1024.11
(a) Accessory Buildings and Structures General Requirements. Accessory buildings, except as otherwise permitted in this Zoning Code, shall be subject to the following general requirements:
(1) Accessory buildings and structures that are customarily incidental and subordinate to an existing principal building or structure or use permitted by right within the applicable zoning district, located on the same lot and not otherwise regulated by this Zoning Code, shall be permitted subject to the regulations of this Zoning Code.
(2) Accessory buildings and structures shall not be constructed of cloth, canvas, plastic film, nylon or similar material that does not provide long-term durability.
(3) Accessory buildings and structures six hundred (600) square feet in floor area or greater shall be securely attached to a frost-free footing meeting building code requirements. Accessory buildings and structures less than six hundred (600) square feet in floor area but two hundred (200) square feet and greater shall be securely attached to a foundation. footing or a concrete slab so that they are a permanent fixture on the property. In both cases a zoning permit is required before construction begins.
(4) A tent that is otherwise lawfully erected for a special event on a short-term basis shall not be regulated under this section.
(5) HVAC and mechanical equipment are deemed to be accessory structures and may not be located in the front yard unless determined necessary by the Zoning Administrator. Screening shall be provided in all circumstances unless waived by the Zoning Administrator.
(6) Attached Accessory Buildings and Structures.
A. Attached accessory buildings and structures (i.e. attached garages, covered porches, decks (with a height greater than eight (8) inches above grade) shall be joined structurally to the principal building.
B. Attached accessory buildings and structures shall conform to the minimum setback requirements and other site development standards of the zoning district where the accessory building or structure is located.
C. Attached accessory buildings and structures shall be included in the calculation for maximum lot coverage.
(7) Detached Accessory Buildings.
A. Detached accessory buildings, such as garages and sheds aren’t physically attached to the principal structure.
B. Detached accessory buildings shall be setback at least six (6) feet from any side or rear property line.
C. Detached accessory buildings must maintain at least ten (10) feet separation between the detached accessory building and the principal structure.
D. Detached accessory buildings shall not be used as dwelling units.
E. Detached accessory buildings shall be included in the calculation for maximum lot coverage.
(8) Detached Accessory Structures.
A. Detached accessory structures, such as pergolas and gazebos, are not physically attached to the principal structure.
B. Detached accessory structures shall be setback at least six (6) feet from any property line.
C. Detached accessory structures must maintain at least ten (10) feet separation between the detached accessory structure and the principal structure.
D. Detached accessory structures shall not be located within any dear vision corner near a driveway or public/private street.
E. Detached accessory structures shall be included in the calculation for maximum lot coverage.
(b) Accessory Buildings and Structures; Residential Districts or Uses.
(1) Detached accessory buildings in a residential zoning district or which is being used residentially shall only be located in the side or rear yard. Attached accessory buildings or structures in a residential zoning district or which is being used residentially may be located in the front yard but must conform to the district setback requirements outlined in this section. When an accessory building or structure is located on a corner lot which is considered to have two (2) front yards and two (2) side yards for the purposes of this Section, the side that is larger in terms of square foot shall be considered the rear yard.
(2) The total square footage of all such principal and accessory buildings and structures shall not exceed the maximum lot coverage as set forth in Appendix I.
(3) No such accessory building or structure shall exceed twenty (20) feet in height from grade to the peak of the highest point.
(5) Above ground and in ground swimming pools are considered accessory structures as defined in Section 1286.13
. All pools are subject to lot coverage and setback requirements defined in this Chapter.
(c) Accessory Buildings and Structures; Non-residential Districts.
(1) The total area of all accessory structures or buildings in a non-residential zoning district shall be no greater than 50% of the total gross floor area of the principal structure on site.
(2) Accessory buildings in non-residential districts may only be located in the side or rear yard.
(3) Such accessory buildings or structures under 500 square feet shall be located no closer than ten (10) feet from any lot line and those 500 square feet or greater must be located at least twenty (20) feet from any lot line.
(4) No accessory building or structure shall be located closer than ten (10) feet to any building.
(5) The Michigan Building Code and the Michigan State Fire Code must be followed as amended.
(6) No accessory building or structure shall exceed the height for principal buildings or structures in the district in which it is located.
(7) For this section, gasoline station pump canopies are considered accessory structures; however, they are permitted in the front yard and must be setback at least thirty-five (35) feet from the nearest property line or road right-of-way line and are not calculated in the maximum lot coverage. In addition, gasoline station pump canopies have a maximum height limit of fifteen (15) feet
(d) Recreational Vehicles. A recreational vehicle, for the purposes of this Section, is a vehicle designed to be used primarily for recreational purposes which contains sleeping quarters and/or cooking facilities, or a unit designed to be attached to a vehicle and used for such purposes including self-propelled motor homes, pick-up campers, fifth wheel trailers, travel trailers, tent trailers and folding camping trailers.
Recreational vehicles on the driveway or the property’s rear yard shall further respect the requirements of this section applicable to accessory buildings in terms of setbacks from lot lines and buildings. Recreational vehicles parked or stored may not be connected to sanitary, water, or gas facilities and may not be occupied.
(1975 Code §5.123) (Ord. 468. Passed 10-6-09; Ord. 566. Passed 9-6-22.)
(a) Intent and Purpose. This section aims to promote public health, safety, and welfare by establishing minimum standards for the design, installation, and maintenance of landscaping in parking lots, which act as buffer zones between uses and along roadways. The City considers landscaping to be an essential element of land development, which is a critical factor in maintaining an attractive community character and conserving the value of land and buildings in the City.
(b) Interpretation. The landscape standards of this section are considered the minimum necessary to achieve the objectives noted above. The standards are intentionally adjustable to promote flexibility and creative design. For example, applicants are encouraged to provide additional landscaping to improve the function, appearance, and value of their property.
(c) Applicability.
(1) The standards in this section shall apply to any site plan, special land use request, condominium, subdivision plan or PUD submitted for review and approval under this section, subject to the limitations given in paragraph (c)(2) hereof. The regulations of this article shall not apply to individual single-family and two-family dwelling units.
(2) Landscaping shall be installed consistent with this section. In its review of a site plan, the Planning Commission has the authority to increase, decrease, or otherwise modify the landscaping and screening requirements of this section. In doing so, the Commission shall consider the following criteria:
A. The amount of space on the site available for landscaping.
B. Existing landscaping on the site and on adjacent properties.
C. The type of use on the site and the size of the development.
D. Existing and proposed adjacent land uses.
E. The effect the required landscaping would have on the existing or proposed land use.
(d) General Regulations.
(1) Landscaping shall be installed within 180 days of occupancy of the building or structure unless a more extended period is permitted in writing by the Zoning Administrator. The Zoning Administrator may require as a condition of any extension that a performance guarantee in an amount and of a type reasonably satisfactory to the Zoning Administrator shall be posted to ensure compliance with the terms of this section.
(2) All landscaping shall be hardy plant materials and maintained thereafter in a neat, healthy and orderly manner. Withered and dead plant materials installed in accordance with the 180 days of occupancy shall be replaced within a reasonable period of time, but no longer than one growing season from the date of occupancy.
(3) For this section, a comer lot is considered as having a front-yard along each street, and the appropriate landscaping shall be provided for both yards.
(e) Buffer Zone Requirements.
(1) A landscape or buffer zone as required herein shall be provided wherever a non-residential zone or use abuts a residential use or zone and wherever a RM-1 or RM-2 Zone abuts an Rl, R2, R3 or RT Zone. The buffer zone shall be located along the boundary between adjoining lands in different zoning districts.
(2) Where the boundary between zoning districts lies on an active or abandoned railroad right-of-way, parcels adjacent to and separated solely by the railroad right-of- way shall be considered adjoining, and subject to buffer zone requirements.
(3) Buffer zone requirements shall not apply where a public street separates adjacent zoning districts. In such a case, this section’s front-yard landscaping requirements shall apply.
(4) Even if the abutting parcel is unimproved land, a buffer zone shall be required.
(5) Where the buffer zone width requirements of this section are greater than the minimum setback requirements for the zoning district of the subject property, a building footprint may encroach into the required buffer zone, however, no parking area or driveway shall be permitted to encroach within a required buffer zone.
(f) Width and Planting Requirements.
(1) A buffer zone shall be at least fifteen (15) feet wide.
(2) One canopy, two evergreens, and one ornamental tree, or a comparable group of plantings as determined by the Zoning Administrator, shall be planted within the buffer zone for each twenty-five (25) linear feet abutting the adjacent property.
(g) Plant Spacing and Size Requirements.
(1) Plant materials shall not be placed closer than four (4) feet from the fence line or property line.
(2) Where plant materials are placed in two (2) or more rows, plantings shall be staggered in rows.
(3) Evergreen trees shall be planted not more than twenty-five (25) feet on centers and not less than five (5) feet in height.
(4) Narrow evergreens shall be planted not more than six (6) feet on centers and not less than three (3) feet in height.
(5) Ornamental trees or tree-like shrubs shall be planted not more than ten (10) feet on centers and not less than four (4) feet in height.
(6) Large deciduous shrubs shall be planted not more than four (4) feet on centers and not less than three (3) feet in height.
(7) Large deciduous trees shall be planted not more than twenty-five (25) feet on centers and not less than three-inch caliper.
(h) Trees Not Permitted. The following trees are not permitted:
(1) Box Elder.
(2) Silver Maples.
(3) Elms.
(4) Poplars.
(5) Willows.
(6) Horse Chestnut (nut-bearing).
(7) Tree of Heaven.
(8) Catalpa.
(9) Walnut.
(i) Suggested Plant Materials. The following plant materials are suggested:
(1) Evergreen Trees - Juniper, Fir, Spruce, Hemlock, Pine, Douglas Fir.
(2) Narrow Evergreens - Column Hinoki Cypress, Blue Columnar Chinese Juniper, Pyramidal Red Cedar, Swiss Stone Pine, Pyramidal White Pine, Irish Yew, Douglas Arbor-Vitae, Columnar Giant Arbor-Vitae.
(3) Ornamental Trees or Tree-Like Shrubs - Flowering Crab, Mountain Ash, Redbud, Horn-beam, Magnolia, Russian Olive, Dogwood, Rose of Sharon, Hawthorn.
(4) Large Deciduous Shrubs - Honeysuckle, Mock Orange, Lilac, Cottoneaster, Euonymus, Buckthorn, Viburnum, Forsythia and Ninebark, Hazelnut, Privet and Sumac.
(5) Large Deciduous Trees - Oak, Hackberry, Planetree (Sycamore), Ginkgo, Sweet Gum, Linden, Hard Maple, Birch, Beech, Honeylocust, Hop Hornbeam.
(1975 Code §5.128)
(j) Berms. Walls and Fences.
(1) If a berm is used for all or part of the buffer zone, required plant material quantities may be reduced by twenty-five (25) percent. The berm shall comply with minimum standards contained in this section. All plant materials shall be placed along the top and exterior side slope of the berm. The buffer zone width shall be increased as needed to accommodate maximum berm side slopes of one (1) foot vertical rise to three (3) feet horizontal.
(2) A screen wall or fence may be used for all or part of the buffer zone. The following regulations apply:
A. Required quantities of plant materials may be reduced by fifty (50) percent for that area abutting the fence or wall.
B. All required plant materials shall be on the exterior side of the screen wall or fence.
C. The fence or wall shall comply with the applicable provisions of this Zoning Code.
(k) Cover for Buffer Strip. All buffer strip areas outside of planting beds shall be covered with grass or other living ground cover.
(l) Stormwater Detention/Retention Basins. Stormwater detention/retention areas shall be permitted within buffer zones, provided they do not reduce the screening effect.
(m) Solid Waste Dumpsters. Solid waste dumpsters may be located in buffer zones, provided they are screened on three sides by a continuous opaque wall or fence six feet in height.
(n) Front Yard Landscaping. The front yard shall be landscaped according to the following minimum requirements except for necessary driveways, frontage roads, service drives, or walkways. If the building is not set back sufficiently to allow adequate area for such landscaping, the Planning Commission or the Zoning Administrator, as the case may be, shall determine the proper number of plantings.
(1) One (1) canopy tree, one (1) ornamental and one (1) evergreen tree for each seventy-five (75) feet of road frontage.
(2) Shrubs at a rate of one (1) per each tree required.
(3) Earthen berms may be permitted within the required front yard landscape area. A credit of up to twenty-five (25) percent may be received against providing the required plantings through the use of berms three (3) feet in height or greater.
(4) Plantings and berms shall be located so as not to obstruct the vision of drivers entering or leaving a site.
(o) Off-Street Parking Area Landscaping Requirements. All parking areas having twenty or more parking spaces shall be landscaped according to the following minimum requirements:
(1) One (1) canopy tree for every twenty (20) parking spaces, with a minimum of two (2) trees, shall be planted adjacent to and/or within the parking area.
(2) Trees shall be located to prevent damage by motor vehicles.
(3) Landscaping islands shall be dispersed through the parking lot to break up large expanses of paved surfaces and improve traffic flow and line of sight for drivers. Each landscape island shall be a minimum of six (6) feet wide and shall contain at least one (1) canopy tree.
(4) Landscaping shall be arranged so as not to obscure traffic signs, fire hydrants, or obstruct drivers' sight distance within the parking area and at driveway entrances.
(5) All landscape acres shall be protected by raised curbs, parking blocks, or similar methods.
(6) For any parking area, except locations serving one-family or two-family dwellings that abuts or faces a public right-of-way, a three (3)-feet high continuous obscuring screen, at least three (3) but no more than four (4) feet high may be required between the parking area and the public road right-of-way line. The screen may be comprised of natural or artificial material or any combination of these elements. Such screening may be required for parking lots across the street from residential uses where vehicle lights, noise or appearance may create a nuisance or safety hazard for residents.
(7) Landscaping required for buffer zones and front yard landscaping that abuts off-street parking areas may substitute for up to fifty (50) percent of the required parking lot landscaping.
(p) Minimum Standards for Berms.
(1) Wherever a berm is used to meet the minimum requirements of this section, it shall have a maximum height of five (5) feet above grade.
(2) Berms shall be constructed so as to maintain side slopes not to exceed a one (1)-foot vertical rise to three (3) feet horizontal ratio.
(3) Berm areas shall be covered with grass or another living ground cover.
(4) Berms shall be constructed to not change drainage pattens on the site or adjacent properties.
(Ord. 390. Passed 3-6-01; Ord. 566. Passed 9-6-22.)
(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 arranged to deflect the light away from all neighboring residential districts or residences.
(b) Illumination of signs shall be directed or shaded downward so as not to interfere with the vision of persons on the adjacent highways or adjacent property.
(c) Illumination of signs and other outdoor features shall not be of a flashing, moving, or intermittent type. Artificial light shall be maintained stationary and constant in intensity and color when used.
(1975 Code §5.130) (Ord. 566. Passed 9-6-22.)
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 Section 1286.06, provided that such entranceway structures shall comply with all codes of the City of Ionia, and shall be approved by the City Manager or his or her designee.
(1975 Code §5.131) (Ord. 566. Passed 9-6-22.)
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