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(a) General Requirements.
(1) All fences require a zoning permit subject to the requirements of this section unless they are approved by the Planning Commission as part of an overall site plan.
(2) The application shall require a site plan or sketch drawn to scale in accordance with the requirements outlined in this section. A drawing or picture of the fence indicating its style, materials, and height shall also be provided.
(3) Fences, privacy walls, and retaining walls may be erected along property lines or within yards, irrespective of the setback requirements of this Chapter. No site plan review is required for a fence, privacy wall, or retaining wall that conforms to a residential district's Ordinance standards. In addition, the Zoning Administrator may waive site plan review for a fence, privacy wall, or retaining wall if no other structural changes or changes io the design or layout of the site are proposed.
(4) Corner lots are considered to have two front yards for purposes of this section.
(5) Fences, walls, or obscuring walls shall not contain barbed wire, electric current or charge of electricity, glass, spikes, or other sharp protruding objects. Notwithstanding the preceding provision that security fences six (6) feet tall or higher may include up to eighteen (18) inches of barbed wire in an industrial area, surrounding a public utility, or around a public safety or emergency services facility. Such barbed wire shall slant inwards toward the property or be straight up. Security fences with barbed wire in any other location or surrounding any other use require a special use permit approved by the Planning Commission.
(6) Fences that enclose public or institutional parks, playgrounds, or public landscaped areas, situated within an area developed with recorded lots shall not exceed eight (8) feet in height, measured from the surface of the ground, and shall not obstruct clear vision from intersecting sidewalks, streets, alleyways, or driveways.
(7) Recorded lots having an area in excess of two acres, if not included within the boundaries of a recorded plat, are excluded from these regulations.
(8) The Zoning Administrator may require the removal, reconstruction, or repair of any fence, privacy wall, or retaining wall if it is deemed that the structure is not in good condition and a hazard to the public's safety.
(b) Residential Districts or Uses.
(1) Side or Rear Yard Fences.
A. Shall not exceed six (6) feet in height measured from the surface of the ground.
B. Shall have the finished side of such fence facing the adjacent property.
C. Shall not extend toward the front of the lot nearer than the front of the house unless following the front yard requirements outlined in Section 1286.07(a)(2).
(2) Front Yard Fences.
A. Shall not block the view of traffic or impede clear vision of an intersecting sidewalk, street, alley, or driveway (See Section 1286.06).
B. Must be approved by the Zoning Administrator following - application and payment of all applicable fees.
C. Shall consist of split rail, decorative iron, wood, engineered wood, plastic products, or similar material.
D. Chain link, snow fence, woven fence, or rubber shall not be allowed.
E. Shall not exceed 50% opacity and shall be constructed to allow air passage through the fence to the adjacent property.
F. Shall not be installed in the right-of-way.
G. The finished side of the fence shall face the adjacent property.
H. The maximum height of the posts for a fence installed in the front yard shall not be greater than forty-eight (48) inches absent approval from the Zoning Administrator, and the height of the fencing between the posts shall not be greater than forty-two (42) inches.
(c) Business Districts or Uses.
(1) Side or Rear Yard Fences.
A. Shall not exceed eight (8) feet in height, measured from the surface of the ground.
B. Shall have the finished side of such fence facing the adjacent property.
C. Shall not extend toward the front of the lot nearer than the front of the principal building unless following the front yard requirements outlined in Section 1286.07(b)(2).
(2) Front Yard Fences.
A. Shall not block the view of traffic or impede clear vision of an intersecting sidewalk, street, alley, or driveway (See Section 1286.06).
B. Must be approved by the Zoning Administrator following application and payment of all applicable fees.
C. Shall consist of split rail, decorative iron, wood, engineered wood, plastic products, or similar material.
D. Chain link, snow fence, woven fence, or rubber shall not be allowed.
E. Shall not exceed 50% opacity and shall be constructed to allow air passage through the fence to the adjacent property.
F. Shall not be installed in the right-of-way.
G. The finished side of the fence shall face the adjacent property.
H. The maximum height of any part of the posts for a fence installed in the front yard shall not be greater than forty-eight (48) inches absent approval from the Zoning Administrator. and the height of the fencing between the posts shall not be greater than forty-two (42) inches.
(d) Industrial Districts or Uses. Industrial properties may install privacy or security fencing around the perimeter of the property lines, irrespective of the setback requirements, of up to nine (9) feet in height. Fencing shall not obstruct clear vision from intersecting sidewalks, streets, alleyways, or driveways.
(1975 Code §5.134) (Ord. 07-2003-01. Passed 8-5-03; Ord. 469. Passed 10-6-09; Ord. 566. Passed 9-6-22.)
(a) Area, Height and Use Exceptions. The provisions of this Zoning Code shall be subject to the following interpretations and exceptions. (1975 Code § 5.151)
(b) Essential Services. Essential services as strictly defined herein shall be permitted as authorized and regulated by law and other ordinances of the City, it being the intention hereof to exempt such essential services from the application of this Zoning Code. (1975 Code § 5.152)
(c) Voting Places. The provisions of this Zoning Code shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a Municipal or other election. (1975 Code § 5.153)
(d) Height Limits. The height limitations of this Zoning Code shall not apply to farm buildings, chimneys, church spires, elevator or stairwell rooftop bulkheads, flagpoles, or public monuments, provided, however, that the Board of Zoning Appeals may specify a height limit for any such structure when such structure requires authorization as a conditional use. The height of wireless communication towers and equipment shall be regulated by Chapter 1280. (1975 Code § 5.154) (Ord. 514. Passed 9-2-14.)
(e) Lot Area. Any lot existing and of record on the effective date of this Zoning Code may be used for any principal use, other than conditional uses for which special lot area requirements are specified in this Zoning Code, permitted in the district in which such lot is located, whether or not such lot complies with the lot area requirements of this Zoning Code, except as provided in Section 1278.02. Such use may be made, provided that all requirements other than lot area requirements prescribed in this Zoning Code are satisfied, and provided that not more than one (1) dwelling unit shall occupy any lot except in conformance with the provisions of this Zoning Code for the required lot area for each dwelling unit. (1975 Code § 5.155)
(f) Lots Adjoining Alleys. In calculating the area of a lot that adjoins an alley for the purpose of applying lot area requirements of this Zoning Code, one-half the width of such alley abutting the lot shall be considered as part of such lot. (1975 Code § 5.156)
(g) Yard Regulations. When yard regulations cannot reasonably be complied with, or where their application cannot be determined on lots of peculiar shape or topography or due to architectural or site arrangement, such regulations may be modified or determined by the Board of Zoning Appeals. (1975 Code § 5.157)
(h) Projections into Yards. Architectural features, not including vertical projections, may extend or project into a required side yard not more than two (2) inches for each one (1) foot of width of such side yard, and may extend or project into a required front yard or rear yard not more than three (3) feet. (1975 Code § 5.159)
(i) Access Through Yards. For the purpose of this chapter, access drives may be placed in the required front or side yards to provide access to rear yards and accessory or attached structures. These drives shall not be considered structural violations in front and side yards. Further, any walk, terrace or other pavement serving a like function, and not over nine (9) inches above the grade upon which placed, shall, for this chapter, not be considered a structure, and shall be permitted in any required yard. (1975 Code § 5.160)
(j) Lots Having River Frontage. Those residential lots and parcels having river frontage and abutting a public thoroughfare shall maintain the yard on the river side as an unobscured open yard, except that a covered and uncovered boat well shall be permitted after review and approval of plans by the Board of Zoning Appeals. Accessory structures shall be permitted in the setback between the abutting road right-of-way and the main building, provided the front yard setback required in Appendix I, Schedule of Regulations, is met. (1975 Code § 5.161) (Ord. 566. Passed 9-6-22.)
(a) Outdoor Boilers, Defined. An outdoor boiler is considered to be an accessory structure consisting of an above or below grade chamber or furnace constructed of metal or other non-combustible material in which wood, wood pellets, grain pellets, or other combustible material is burned to heat water or other liquid that is piped above-ground or underground to provide heat for a house or different structure.
(b) Outdoor Boilers, Prohibited. Outdoor boilers are prohibited in all zoning districts.
(c) Outdoor Boilers, Existing. All existing outdoor boilers must be registered with the City Clerk within thirty days after the effective date of this section. No replacement outdoor boilers shall be installed or used within the City.
(Ord. 442. Passed 2-6-07; Ord. 566. Passed 9-6-22.)
(a) The medical use of marihuana as defined by the Michigan Medical Marihuana Act, M.C.L.A. §§ 333.26421 et seq., as amended, is permitted according to all requirements of the MMMA and any rules promulgated by the Department of Licensing and Regulatory Affairs of the State of Michigan.
(b) The following shall apply to the medical use of marihuana as permitted and regulated by the MMMA:
(1) A qualifying patient who has been issued and possesses a registry identification card is not subject to arrest or penalty in any manner, provided that the qualifying patient possesses an amount of marihuana that does not exceed a combined total of 2.5 ounces of usable marihuana and usable marihuana equivalents in the form of marihuana-infused products. In addition, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, the qualifying patient may possess 12 marihuana plants, and any incidental amount of seeds, stalks, and unusable roots, kept in an enclosed, locked facility, as defined herein.
(2) A primary caregiver who has been issued and possesses a registry identification card is not subject to arrest or penalty in any manner for assisting a qualifying patient to whom he or she is connected through the department's registration process with the medical use of marihuana in accordance with the MMMA. The privilege from arrest applies only if the primary caregiver presents both his or her registry identification card and a valid driver’s license or government-issued identification card that bears a photographic image of the primary caregiver. In addition, the privilege from arrest applies only if the primary caregiver possesses marihuana in forms and amounts that do not exceed any of the following:
A. For each qualifying patient to whom he or she is connected through the department's registration process, a combined total of 2.5 ounces of usable marihuana and usable marihuana equivalents.
B. For each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility as defined herein, and any incidental amount of seeds, stalks, and unusable roots.
(c) The use of marihuana, as defined by the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq. (MRTMA), as amended is permitted in accordance with all requirements of the MRTMA and any rules promulgated by the Department of Licensing and Regulatory Affairs of the State of Michigan.
(d) The following shall apply to the use of marihuana as permitted and regulated by the MRTMA:
(1) No person under the age of 21 shall possess, consume, purchase or otherwise obtain, cultivate, process, transport, or sell marihuana.
(2) No person shall operate, navigate, or be in control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat while under the influence of marihuana or while consuming marihuana; and no passenger in any area of a vehicle upon a public way or public road shall smoke marihuana while a passenger in a vehicle.
(3) No person shall consume marihuana in a public place or smoke marihuana where prohibited by the person who owns, occupies, or manages the property, except for purposes of this Section 1286.10(d)(3) a public place does not include an area designated for consumption when such consumption is authorized by a license issued under the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., as amended within a municipality that has authorized consumption in designated areas that are not accessible to persons under 21 years of age. Additionally, no consumption of marihuana in a public place shall be permitted unless a Special Permit is issued according to the regulations of Section 606.01(c) of the City Code.
(4) No person shall cultivate marihuana plants if the marihuana plants are visible from a public place without the use of binoculars, aircraft, or other optical aids or outside of an enclosed area equipped with locks or other security devices that restrict access to the area.
(5) No person shall possess marihuana accessories, or possess or consume marihuana on the grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or grades 1 through 12, or where students of any age attend an educational facility for non-traditional or special needs learners, in a school bus, or on the grounds of any correctional facility.
(6) No person shall possess more than 2.5 ounces of marihuana within a person’s place of residence unless the excess marihuana is stored in a container or area equipped with locks or other functioning security devices that restrict access to the contents of the container or area.
(7) The requirements herein shall not limit the rights of persons as provided by the Michigan Medical Marihuana Act, 2008 IL 1, M.C.L.A. §§ 333.26421 et seq. as amended, or the Medical Marihuana Facilities Licensing Act, 2016 PA 281, M.C.L.A. §§ 333.27201 et seq., as amended.
(8) A person may prohibit or otherwise regulate the consumption, cultivation, distribution, processing, sale, or display of marihuana and marihuana accessories on property the person owns, occupies, or manages, except that a lease agreement may not prohibit a tenant from lawfully possessing and consuming marihuana by means other than smoking.
(9) A person age 21 years or older may possess, use, consume, purchase, transport or process 2.5 ounces or less of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate. In addition, a person age 21 years or older may give away or otherwise transfer without remuneration up to 2.5 ounces of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate, to a person 21 years of age or older, as long as the transfer is not advertised or promoted to the public.
(10) Within a person’s residence, a person may possess, store, and process not more than 10 ounces of marihuana, including any marihuana produced by marihuana plants cultivated on the premises, and may cultivate not more than that 12 marihuana plants on the premises at once for personal use.
(Ord. 481. Passed 12-7-10; Ord. 515. Passed 10-7-14; Ord. 539. Passed 3-5-19; Ord. 549. Passed 1-2-21; Ord. 566. Passed 9-6-22.)
(a) A home occupation is a permitted use in the R-1, R-2, R-3, RT, RM, RM-1 and Planned Unit Development Districts according to the requirements of this section.
(b) According to the following requirements, two home occupations, Level l and Level 2 are permitted.
(c) Level 1 home occupation requirements:
(1) A Level 1 home occupation is a home occupation that is conducted entirely within the dwelling or an attached accessory building and is conducted in such a manner that under normal circumstances, there is no external evidence of the home occupation operation except that a Level 1 home occupation is permitted to have one (1) sign which shall be attached to the wall of the dwelling or accessory building. Such sign shall not be lighted and shall not be more than four (4) square feet in size.
(2) A permit from the City is not required to conduct a Level 1 home occupation.
(3) Only family members who reside on the premises shall be employed or involved in the home occupation.
(4) The use of the dwelling for a home occupation must be accessory, incidental, subordinate and attached to the permitted principal use. A home occupation shall occupy no more than 25 percent of the total floor area of the dwelling in which it is conducted exclusive of any porch, attached garage, or similar space not suited or intended to be occupied as living quarters provided.
(5) Exterior storage of equipment or accessory items and display of materials, goods, or supplies, used in the conduct of the home occupation is prohibited.
(6) The dwelling shall not be altered from its residential appearance to conduct the home occupation, but for the addition of an advertising sign as permitted above.
(7) The home occupation shall be conducted so it does not constitute a nuisance or annoyance to adjoining residents because of noise, smoke, odor, electrical disturbance or night lighting or the creation of unreasonable traffic to the premises.
(8) There shall be no selling of goods, merchandise, supplies, or products, or the offering of services to customers except on an occasional basis, generally less than five times per week.
(d) Level 2 home occupation requirements:
(1) A Level 2 home occupation is a home occupation that has one (1) employee or one (1) individual involved in the operation of the business outside of the family members who reside on the premises and which has customers coming to the home occupation for services or products offered by the home occupation on more than an occasional basis, generally more than five (5) times per week.
(2) A Level 2 home occupation shall only be permitted if the Planning Commission approves a special land use following the procedures and standards of Chapter 1274 herein.
(3) An application for a Level 2 home occupation shall contain the following information:
A. Name and address of property owner and occupant of the dwelling.
B. Description of the proposed home occupation, including materials to be used, days and hours of operation, estimated customer and delivery vehicle trips per week, and if an employee will be involved in the business.
C. A site plan as typically required by Chapter 1276 herein shall not be required. Instead, an accurate drawing shall be submitted illustrating the property, buildings on the property, the area within the building to be devoted to the home occupation, parking for the business, screening, sign and other information as may be required by the Zoning Administrator to ensure compliance with the requirements of this section.
(4) The home occupation shall be conducted only within the dwelling or an attached or detached accessory building.
(5) Only family members who live on the premises and no more than one (1) other person who does not reside on the premises shall be employed by or involved in the home occupation.
(6) Traffic generated by the home occupation shall be compatible with traffic generally expected in the zoning district in which the home occupation is located.
(7) A home occupation shall provide a minimum of two (2) on-site parking spaces in addition to the parking spaces required for the dwelling.
(8) A home occupation is permitted to have one (1) sign attached to the wall of the dwelling or accessory building. Such sign shall not be lighted and shall not be more than four (4) square feet in size.
(9) A Level 2 home occupation shall also comply with the requirements for a Level 1 home occupation contained in Section 1286.01(c)(4)-(7) herein.
(10) In its approval of a Level 2 home occupation, the Planning Commission may prescribe certain conditions to ensure that the home occupation can be compatible with its residential surroundings. Such conditions may include but are not limited to restricting the hours of operation, the number and type of delivery vehicles, and limiting the number of customer visits to the home occupation.
(Ord. 483. Passed 2-1-11; Ord. 566. Passed 9-6-22.)
(a) Donation Drop Boxes and Collection Bins, Defined. A receptacle or other portable structure made of metal, steel, or similar durable material placed outdoors and intended and used for the collection of clothing, shoes, books, toys, household items, or other non-perishable goods and materials donated by the public but no including facilities and structures owned and operated by a governmental entity such as but not limited to post office mail drop boxes, bill payment drop boxes, library collection boxes, and recycling boxes.
(b) Donation Drop Boxes and Collection Bins, Prohibited. As defined herein, donation boxes and collection bins are prohibited in all zoning districts.
(c) Donation Drop Boxes and Collection Bids, Existing. Donation drop boxes and collection bins that are existing as of the effective date of this Section 1286.12 shall be removed from the property on which they are located within 60 days of January 21, 2014 as they are considered to be portable accessory uses and are not considered permanent non-conforming uses by virtue of the adoption of this Section 1286.12. Failure to remove a donation drop box or collection bin within the 60 days shall be considered a civil infraction subject to payment of fines as outlined in Section 202.99(b) of this City Code.
(Ord. 510. Passed 1-7-14; Ord. 566. Passed 9-6-22.)
(a) A deck is an attached accessory structure constructed from wood or composite materials uncovered and attached to the principal building.
(b) A porch is an attached accessory structure, usually covered, and is often constructed from wood, masonry, or other composite material, located at the principal building's primary or secondary entrance points.
(c) The area of decks and porches are used to calculate the maximum lot coverage percentages on residential lots.
(d) All decks and porches must comply with the Building Code, as amended from time to time.
(e) Uncovered decks may extend up to ten (10) feet into the front yard setback (See Section 1286.07(h)). No canopy may be erected after the original construction of the deck in the front yard unless it is an attached roof to establish a covered front porch.
(f) Decks may only be constructed in the side or rear yards and may encroach no more than three (3) feet into the required side or rear yard setback.
(g) At no time may a deck or porch be located closer than six (6) feet from any property line.
(Ord. 566. Passed 9-6-22.)
(a) Private swimming pools, hot tubs, or spas are classified as an accessory use within the side or rear yard only, provided they meet the following requirements:
(1) There shall be a distance of not less than ten (10) feet between the adjoining property line and the outside of the pool wall.
(2) There shall be a distance of not less than four (4) feet between the outside pool wall and any building located on the same lot.
(3) No swimming pool shall be located less than ten (10) feet from any side street or alley right-of-way, or the distance required for a side yard by this Zoning Code, whichever is greater.
(4) No swimming pool shall be located in an easement.
(5) For the protection of the general public, all yards containing swimming pools shall be completely enclosed by a fence not less than four feet in height. The gates shall be of a self-closing and latching type, with the latch on the inside of the gate not readily available for children to open. Gates shall be capable of being securely locked when the pool is not in use. However, if the entire premises of the residence are enclosed, then this provision may be waived by the Zoning Administrator upon inspection and approval.
(6) All swimming pools, whether in ground or above ground, will be calculated into the total lot coverage percentage calculations as defined in Section 1286.01(b)(5).
(Ord. 566. Passed 9-6-22.)