[Code 1992, § 32-91]
Except as specifically provided, the general regulations of
this article shall apply throughout this chapter.
[Code 1975, § 39-7; Code 1992, § 32-92]
Whenever any section of this chapter imposes more stringent
requirements, regulations, restrictions or limitations than are imposed
or required by the provisions of any other law or ordinance, the sections
of this chapter shall govern.
[Code 1975, § 39-8; Code 1992, § 32-93]
No building or structure or part thereof shall be erected, constructed,
reconstructed, or altered and maintained and no new use or change
shall be made or maintained of any building, structure or land or
part thereof, except in conformity with this chapter.
[Code 1975, § 39-9; Code 1992, § 32-94]
All streets, alleys, and railroad rights-of-way, if not otherwise
specifically designated, shall be deemed to be in the same zone as
the property immediately abutting upon such streets, alleys, or railroad
rights-of-way. Where the center line of a street or alley serves as
a district boundary, the zoning of such street or alley, unless otherwise
specifically designated, shall be deemed to be the same as that of
the abutting property up to such center line.
[Code 1975, § 39-10; Code 1992, § 32-95; 9-28-2015 by Ord. No. 15-008]
No building shall be erected, converted, enlarged, reconstructed
or structurally altered nor shall any building or land be used, designed
or arranged for any purpose other than is permitted in the zoning
district in which the building or land is located.
[Code 1975, § 39-11; Code 1992, § 32-96]
No building shall be erected, converted, enlarged, reconstructed
or structurally altered nor shall any open spaces surrounding any
building be encroached upon or reduced in any manner, except in conformity
with the area regulations of the zoning district in which the building
is located.
[Code 1975, § 39-12; Code 1992, § 32-97; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253; 10-22-2007 by Ord.
No. 1280]
No building shall be erected, converted, enlarged, reconstructed
or structurally altered to exceed the height limit established for
the zoning district in which the building is located, except that
roof structures for the housing of elevators, stairways, tanks, ventilating
fans, or similar equipment required to operate and maintain the building
and fire or parapet walls, skylights, towers, steeples, stage lofts
and screens, chimneys, smokestacks, individual domestic radio and
television aerials and wireless masts, water tanks, flagpoles or similar
structures may be erected above the height limits prescribed. In districts
other than the R, R-1, and A-1 Districts, said structures may not
exceed by more than 20 feet the height limits of the zoning district
in which it is located. In the R, R-1, and A-1 Districts, the height
of said structures shall be limited to the height of the zoning district
in which it is located whether attached to the roof or ground. Domestic
radio and television antennas cannot extend higher than 12 feet above
the height limit of the zoning district that it is located in. Chimneys
may exceed the height limits of the R, R-1, or A-1 District by a measurement
deemed necessary by City code for proper ventilation. In any district,
said structure may not have a total area greater than 25% of the roof
area of the building, nor shall such structure be used for any residential
purpose or any commercial purpose other than a use incidental to the
main use of the building.
[Code 1975, § 39-13; Code 1992, § 32-98; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253]
All mechanical equipment shall be located in accordance with
zoning requirements and appropriate mechanical codes. In residential
districts, air conditioners and similar mechanical equipment must
be located in the backyard or in a side yard, set back three feet
from the side yard property line. On corner lots, in the street side
yard, the system must be located within three feet from the side of
the home. In no case shall the equipment be located within the public
right-of-way in any district. All mechanical equipment must be adequately
screened from public view in all districts except the M-1 and M-2
Districts, unless the M-1 or M-2 District is adjacent to a residential
district. All rooftop mechanical equipment shall be adequately screened
from public view, including view from higher structures.
[Code 1975, § 39-14; Code 1992, § 32-99; 8-13-2001 by Ord. No. 1188; 10-22-2007 by Ord. No. 1280]
Space which has been counted or calculated as part of a side
yard, rear yard, front yard, court, lot area or other open space to
meet the requirements of this chapter for a building shall not be
counted or calculated to satisfy or comply with a yard, court, lot
area or other open space requirement for any other building. An open
or uncovered porch, patio, deck, or terrace may not project more than
five feet from the front of the main structure, with a minimum of
five feet from the front property line. An open or uncovered porch,
deck, or patio may project into a side yard a maximum distance of
60% of the width of that side yard; in no instance may it be closer
than two feet from the side lot line or five feet from a street side
lot line. An uncovered deck, patio, or terrace must be a minimum of
10 feet from the rear property line (waterfront properties excluded).
A covered or enclosed porch, deck, patio, or terrace, is considered
a part of the main structure and shall meet all yard setback requirements.
[Code 1975, § 39-15; Code 1992, § 32-100; 10-22-2007 by Ord. No. 1280]
Architectural features may extend or project into a required
side yard not more than three inches for each one foot of width of
such side yard and may extend or project into a required front yard
or rear yard not more than three feet.
[Code 1975, § 39-16; Code 1992, § 32-101; 10-24-2016 by Ord. No. 16-005]
No machinery, equipment, lumber piles, crates, boxes, building blocks or other materials either discharged, unsightly or showing evidence of a need for repairs, shall be placed, stored, parked, abandoned or junked in any open area that is visible from the street, public place or adjoining residential property for longer than 48 hours. No vehicles shall be parked outside of a building on any property in excess of 15 days without a current registration and license and shall be in the name of the owner of the property. Any vehicle that is inoperable or showing evidence of a need for repairs, whether licensed or not, shall not be parked outside for a period of more than 48 hours. All vehicles parked outside shall be in conformance with the parking regulations in Article VI, Off-Street Parking and Loading Requirements. If such items are permitted to be placed, stored, parked, abandoned or junked in such area, the Chief Inspector shall give written notice to the owner of the premises on which such items are stored and/or to the owner of the stored items to remove or cause to be removed such items within 48 hours after the giving of such notice. Failure to comply with such notice within 48 hours shall constitute a violation of this chapter. Notwithstanding the foregoing, the Chief Inspector may, upon investigation, issue a letter to the owner authorizing a grace period not to exceed 30 days. This section does not apply to storage of building materials for on-site construction purposes.
[Code 1975, § 39-17; Code 1992, § 32-102; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253]
Any lot or parcel of land must have at least one property line
abutting a public, active, street right-of-way. (A right-of-way that
was platted but is not used for street traffic is not considered an
active right-of-way for purposes of this section.) The width of said
lot abutting said right-of-way must be the minimum as required in
Division 16, Schedule of Regulations, for the district in which the
property is located. No lot split shall be approved which would create
a landlocked parcel. No building permit shall be issued for any construction
located on any lot or parcel of land in the City that does not abut
on a public street or highway, provided that this chapter shall not
be the basis for preventing the issuance of a building permit for
ordinary repair or maintenance of any building that is already erected
on the date of the adoption of the ordinance from which this chapter
is derived upon a lot or parcel of land that does not so abut such
a street or highway. New construction within A-1, A-2, CBD, C-1, M-1
and M-2 Zoning Districts requires site plans for the installation
of a minimum five-foot-wide concrete sidewalk.
[Code 1975, § 39-18; Code 1992, § 32-103; 10-22-2007 by Ord. No. 1280]
(a)
No structure, wall, fence, shrubbery or tree shall be erected, maintained
or planted on any lot which will obstruct the view of the driver of
a vehicle approaching an intersection, excepting that shrubbery and
lot retaining walls not exceeding 2 1/2 feet in height above
the curb level will be permitted. For residential corner lots, this
unobstructed area will be a triangular section of land formed by the
two street curblines and a line connecting them at points 25 feet
from the intersection of such curblines.
(b)
On each side of a driveway, where it intersects with the property
line, there shall be a clear-vision unobstructed area in the yard.
That unobstructed area will be a triangular section of land formed
by the driveway and the property line and a line connecting them at
points six feet from the intersection of the driveway and the property
line. On each side of a driveway, between the property line and the
curb, there shall be a clear-vision unobstructed area in the right-of-way
six feet out from and parallel to the driveway. Nothing over 2 1/2
feet in height may be erected within these clear vision areas.
[Code 1975, § 39-19; Code 1992, § 32-104; 8-13-2001 by Ord. No. 1188]
No dwelling unit shall be erected in the B, C-1, MD, M-1 and
M-2 Zoning Districts. However, the sleeping or living quarters of
a watchman or a caretaker may be permitted in these districts in conformance
with the specific requirements of each particular district.
[Code 1975, § 39-20; Code 1992, § 32-105; 8-13-2001 by Ord. No. 1188]
No single-family residential structure shall be erected upon
a lot with another single-family residential structure in any zoning
district. However, single-family detached condominiums are allowed
on the same lot in an A-1 or A-2 District.
[Code 1975, § 39-21; Code 1992, § 32-106; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253; 4-24-2006 by Ord. No.
1265; 10-22-2007 by Ord. No. 1280; 5-24-2010 by Ord. No. 1311; 9-28-2015 by Ord. No. 15-008; 10-24-2016 by Ord. No. 16-005]
Accessory buildings, except as otherwise permitted in this chapter,
shall be subject to the following:
(1)
When the accessory building is structurally altered and attached
to a main building, it shall be subject to and must conform to all
sections of this chapter applicable to main or principal buildings.
A carport attached to the main structure must conform to the setbacks
applicable to the main structure and be similar in style and construction
as the main structure.
(2)
Accessory buildings shall only be erected in a side yard or rear yard and shall not be closer than three feet to any side lot line or rear lot line. This may be waived for double-frontage lots as provided in Subsection (6) of this section.
(3)
An accessory building shall not exceed one story or 15 feet in height
(see definition of "height, building"), and in no instance shall the
accessory building exceed the ground floor area of the main building.
If an attic is provided, it shall be used for storage purposes only
and shall not be inhabited. This attic shall be less than a half story
(see definition for story, half).
(4)
No detached accessory building shall be located closer than 10 feet
to any dwelling on the same lot on which the accessory building is
to be constructed.
(5)
When any accessory building is located on a corner lot, the side
yard of which is substantially a continuation of the front lot line
of the lot to its rear, such building shall not project beyond the
front of the residence located on the lot to the rear of such corner
lot.
(6)
For double-frontage lots, accessory buildings shall observe front
yard requirements on both street frontages or be built in-line with
existing adjacent structures. An accessory building can be located
between the main structure and the street, provided it meets front
yard setback requirements.
(7)
When an accessory building is a boathouse, covered boat well, or
substantially over the water, it shall only be allowed along the Black
River or St. Clair River, and it shall conform to the following:
a.
No more than 30% of the building area may have flooring, be it earth,
concrete, wood or any flooring material other than water.
b.
The building shall not exceed the floor area of the main building.
c.
All boathouses which exceed 14 feet in height or with wells to accommodate
more than two boats shall be subject to the prior approval of the
Zoning Board of Appeals. A commercial use of a boathouse is not permitted
unless it is located within a commercial district pursuant to this
chapter.
d.
A second floor shall not be permitted in a boathouse nor shall a
boathouse have sanitary facilities unless self-contained or connected
to a sanitary sewer system.
e.
A building permit for a boathouse shall not be issued unless and
until the applicant has:
1.
Complied with all the sections of this chapter, the City Building
Code, and the requirements of the U.S. Army Corps of Engineers and
the Michigan Department of Environmental Quality.
2.
Secured the written approval from the U.S. Army Corps of Engineers
and the Michigan Department of Environmental Quality when such permits
are required within the jurisdiction of these two agencies.
3.
The facility shall be in compliance with the rules and regulations
of and approved by the County Health Department.
f.
When an accessory structure is to serve both over the water boat
storage and automobile storage (garage), the two areas shall be clearly
defined. Each area shall be constructed as a separate building and
shall meet the requirements for such building.
(8)
A garage, boathouse, storage, or any other accessory building shall
not be erected upon a lot in any residential district without a residential
structure existing on the same lot. If an accessory building is to
be constructed on a vacant lot adjacent to a residence, the lots shall
be combined and all requirements for an accessory building shall be
met before a building permit shall be issued. A fence may be constructed
per zoning requirements on a vacant lot without a main structure.
(9)
In all residential districts, an accessory building shall be owned
by the property owner who owns the property and the dwelling upon
which the accessory building is located. The accessory building can
only be leased to a tenant of said residence for storage purposes.
The accessory building shall not be divided up into condominium units
and sold or leased to other individuals. No commercial activities
shall occur within said accessory building such as warehousing for
a fee.
(10)
Temporary storage trailers or pods shall not be allowed or considered
accessory buildings in any R, R-1, A-1, or A-2 Zoning District. In
order to accommodate a resident in the process of moving, a temporary
moving trailer or pod may be kept in a driveway on a property for
a period less than two weeks, with written permission from the Building
Inspector. In the B, C-1, CBD, CCD, MD, or I Zone, storage pods or
trailers used for accessory storage for the owner or tenant, located
on the same property as an existing building, may be allowed with
a special approval use permit from Planning Commission. In the M-1
or M-2 Zones, storage pods or trailers used for accessory storage
for the owner or tenant, located on the same property as an existing
building, may be allowed with approval from the Planning Director.
Storage pods or trailers shall be subject to the size and setback
regulations for an accessory structure. An approved rental storage
facility in the C-1, M-1, or M-2 Zone may use storage pods or trailers
as an accessory use to the storage facility.
(11)
A canopy, tent, tarp, polyethylene sheeting, or similar type structure are not allowed, and shall not be considered or allowed as an accessory building. A greenhouse with Plexiglas or regular glass walls may be considered an accessory building, provided only flowers or vegetable plants are grown inside. The exterior of any accessory building shall be kept in good condition and maintained in accordance with Chapter 22, Article II, Blight.
(12)
A detached residential garage can have a bathroom with a toilet
and sink on the first floor. Water and sewer shall be on the same
lead as the main dwelling. Said bathroom shall meet all City Code
requirements. No part of said garage may be used as a separate dwelling
unit. A site plan showing the garage on the property and floor plans
of the building shall be submitted to obtain a building permit before
construction or renovation of any garage.
(13)
A pool house, adjacent to an in-ground swimming pool, is allowed
on a residential lot as an accessory building to a residence. Said
pool house may include a toilet, sink, and shower. No cooking facilities
may be installed. Water and sewer shall be on the same lead as the
main dwelling. Said pool house shall be limited to two rooms, separated
by a door, including the bathroom. No part of said pool house may
be used as a separate dwelling unit. Said pool house shall meet all
requirements of an accessory building in regard to setbacks, location
on property, etc. Said pool house shall not exceed 300 square feet
in area or include a second story. Any pool house shall be of the
same style and exterior treatments of the main dwelling and shall
be maintained according to all City codes. A site plan showing the
pool house on the property and floor plans of the building shall be
submitted to obtain a building permit before construction or renovation
of any pool house.
(14)
In residential districts, accessory structures used for storing
anything other than an automobile, such as a carport, shall be enclosed
on all sides with walls and the interior contents must not be visible
to the public; if there is a door or window, they must be kept closed
except for accessing the interior. Prefabricated aluminum carports
are allowed and shall store only a car if open on all sides. The prefab
carport shall be securely attached to the ground per the Building
Inspector's requirements. A carport can be placed between the house
and the property line, provided the carport meets the front yard setbacks.
(15)
A playhouse, playscape, or treehouse shall be considered an
accessory building. A playscape is a grouping of playground equipment
connected together to create one play structure. Due to its size and
character, it shall be treated as an accessory building.
(16)
Accessory use of tanks holding any liquids, gases, solids, or other similar materials shall be allowed in the B, C-1, CBD, CCD, MD, and I Zones after a special approval use permit from Planning Commission. Retail sales of prefilled propane tanks shall be allowed as an accessory use to a business in the C-1 and CBD Zones with the approval of the Planning Director and Fire Marshal. Tanks used for storage as an accessory use in the M-1 or M-2 Zones shall be approved by the Planning Director and Fire Marshal. Other than a gas grill propane tank, storage tanks are not allowed in the R, R-1, A-1, or A-2 Zones except on a case-by-case basis as determined by the Planning Director and Fire Marshal. Any tanks that hold combustible or flammable liquids or gases shall be in compliance with Chapter 24, Fire Prevention and Protection, of the City Code of Ordinances, § 24-33.
(17)
All
accessory structures are subject to a building permit before construction.
[Code 1975, § 39-22; Code 1992, § 32-107; 8-13-2001 by Ord. No. 1188; 9-28-2015 by Ord. No. 15-008; 10-24-2016 by Ord.
No. 16-005; 10-23-2017 by Ord. No. 17-016; 8-13-2018 by Ord. No. 18-014]
"Recreational vehicles" (RVs) shall be defined as campers, travel
trailers, trailers (noncommercial trailers in residential zones),
motor homes, boats, or similar recreational vehicles. Boats must be
on a trailer, except for nonmotorized personal watercraft. An "off-highway
recreational vehicle" (OHRV) shall be defined as jet skis, four-wheelers,
or snowmobiles, or similar off-highway recreational vehicles, and
may be on a trailer or not. An RV or OHRV may be parked or stored
outdoors in any zoning district on occupied lots with a main structure
subject to the following:
(1)
No more than one RV or two OHRVs may be parked on a lot of record
which is zoned and used for residential purposes, and ownership of
the above said item must be registered or licensed in the name of
a member of the immediate family of the lot's owner, tenant or lessee.
This shall also apply to nonresidential zones or uses, unless the
use has been approved for storage or maintenance of RVs or OHRVs.
(2)
RVs or OHRVs may be parked in any approved parking area on the premises
for loading or unloading purposes for a period not to exceed 48 hours.
(3)
RVs or OHRVs, where parked or stored on residentially zoned or used
property, shall be located on the property, subject to the following:
a.
From November 1 to April 30, only in the rear yard, or interior side
yard, three feet from the rear and side property lines, and not beyond
the front of the dwelling. If parked on a corner lot in a side yard
that faces a street, the setback must be 12.5 feet from the street
side yard property line. If there is a neighboring dwelling to the
rear that faces the street on that side yard, then the RV or OHRV
must be set back in line with the front of the neighboring dwelling.
The RV or OHRV shall not project beyond the front of the residence
located on the lot to the rear of such corner lot. For lots on the
water with double frontage, an RV or OHRV may be parked between the
street and the dwelling, provided it is not parked within the twenty-five-foot
front yard setback on the street side.
b.
From May 1 to October 31, same location as described above in Subsection
(3)a, and may also be located in the front yard on a paved driveway
leading to a garage or on a paved slab to the side of said driveway.
This location may not be located in front of the windows or front
door of the dwelling that faces a street. A permit from the Inspection
Division is required for any new paved driveway or parking slab.
c.
An RV or OHRV shall never be allowed to park in the street right-of-way
between the property line and the street curb in any zoning district.
(4)
The maximum permitted lot coverage of all buildings, including any
RV or OHRV, shall not be exceeded.
(5)
All RVs or OHRVs shall be locked or secured at all times when not
in use so as to prevent access thereto by children.
(6)
Fitted covers can be placed over RVs or OHRVs, provided the cover
does not become loose or tattered. Tarps or unfitted covers shall
not be placed over an RV or OHRV. When stored in the driveway from
May 1 to October 31, no cover of any kind may be placed over a motor
home or travel trailer.
(7)
RVs parked or stored on property shall not be used for living, lodging
or housekeeping purposes.
(8)
RVs or OHRVs must be kept in good condition and have a current year's
license and/or registration.
(9)
The parking or storage of a manufactured home unit outside of a manufactured
home park, under this chapter, is expressly prohibited.
(10)
Parking requirements for private recreational tow vehicles shall
be the same as parking requirements for residential automobile parking.
(11)
Watercraft, such as boats, jet skis, their trailers, and boat
hoists, may be allowed to be parked on the beach all year, provided
they are parked in the sand or over the water. The number of boats
on the beach is not restricted.
[Code 1975, § 39-23; Code 1992, § 32-108; 10-10-2005 by Ord. No. 1253; 10-22-2007 by Ord. No. 1280; 9-28-2015 by Ord. No.
15-008; 10-24-2016 by Ord. No. 16-005]
In order to regulate and control the problems of noise, odor,
light, fumes, vibration, dust, danger of fire and explosion, and traffic
congestion which result from the unrestricted and unregulated construction
and operation of automobile service stations and repair facilities;
to regulate and control the adverse effects which these and other
problems incidental to the automobile service station may exercise
upon adjacent and surrounding areas; and to control the problem of
abandoned fuel stations which are a nuisance as well as a blighting
influence on surrounding properties, the following additional regulations
and requirements are provided for automobile service stations and
automobile repair facilities located in any zoning district. All automobile
fuel, automobile service stations and repair facilities erected after
the effective date of the ordinance from which this chapter is derived
shall comply with all requirements of this section. No automobile
fuel, or service station, or repair facility existing on the effective
date of the ordinance from which this chapter is derived shall be
structurally altered so as to provide a lesser degree of conformity
with this section than existed on the effective date of the ordinance
from which this chapter is derived:
(1)
An automobile fuel station or service or repair facility shall be
located on a lot having a frontage along the principal street of not
less than 150 feet and having a minimum area of not less than 15,000
square feet.
(2)
An automobile fuel station or service or repair facility building
housing an office and/or facilities for servicing, greasing and/or
washing motor vehicles shall be located not less than 40 feet from
any street lot line.
(3)
All service and repair equipment including all lubrication equipment,
motor vehicle washing equipment, hydraulic hoists and pits shall be
enclosed entirely within a building. All service and repair, except
the fueling of vehicles, shall be performed within a completely enclosed
building.
(4)
An automobile fuel station located on a lot having an area of 15,000
square feet shall include not more than eight fuel pumps and two enclosed
stalls for servicing, lubricating, greasing and/or washing motor vehicles.
An additional two fuel pumps and/or one enclosed stall may be included
with the provision of each additional 2,000 square feet of lot area.
(5)
Where an automobile fuel station, or service or auto repair facility
adjoins property located in any residential district, a masonry wall
five feet in height shall be erected and maintained along the service
station property line. All masonry walls shall be protected by a fixed
curb or barrier to prevent vehicles from contacting the wall.
(6)
All exterior lighting, including illuminated signs, shall be erected
and hooded or shielded so as to be deflected away from adjacent and
neighboring property.
(7)
When a structure designed and used for automobile fuel station purposes
ceases to operate on a continuing basis for a period of 180 consecutive
days, the owner of the premises shall be served written notice by
the Chief Inspector of the requirement, within 60 days of the date
of such notice, to either:
a.
Resume operation of the premises on a continuing basis as a lawful
automobile service station or filling station;
b.
Lawfully convert such structure to another permitted use in that
district; or
c.
Demolish such structure and completely remove the debris from the
premises.
|
All new automobile service stations or filling stations constructed
after the effective date of the ordinance from which this chapter
is derived shall be required to post a bond with the City in an amount
equal to the estimated cost of demolition and clearance of improvements
on the premises. Failure to comply with one of the three alternatives
in this subsection shall empower the City to utilize such bond for
the demolition and clearance of the premises in question.
|
(8)
Abandoned automobile fuel stations may be converted to a principal
permitted use in the district in which such station is located, provided
the following conditions are met:
a.
The use shall not be out of harmony with the surrounding neighborhood
by reason of its character or quality of development.
b.
All fuel pumps and signs shall be removed, and underground fuel storage
tanks shall be abandoned in conformance with prescribed City and state
fire safety provisions.
c.
All buildings shall meet all applicable requirements of the City
Building Code for safety and structural condition.
d.
There shall be adequate off-street parking provided in accordance with Article VI of this chapter.
e.
No outside storage areas shall be permitted.
f.
The use shall meet all area, height, bulk and placement requirements of the district in which such use is located in accordance with § 52-621.
g.
The use shall comply with all other requirements of the applicable
district unless otherwise provided in this chapter.
(9)
Any customers, employees, or service vehicles, parked on site, other
than autos listed for sale, must be currently licensed. "Parts cars,"
including entire vehicles or chassis, used for parts, must be stored
indoors or behind a solid six-foot-high screening fence; there may
be no more than five such parts vehicles or chassis on the premises
at any given time. An auto repair business located in a zoning district
that does not allow front yard parking may not park overnight vehicles
in the front of the building unless there is an existing front yard
parking lot.
[Code 1975, § 39-24; Code 1992, § 32-109; 8-13-2001 by Ord. No. 1188]
(a)
When a drive-in establishment adjoins property located in any residential
district, an ornamental masonry wall, five feet in height, shall be
erected and maintained along the adjoining property line or, if separated
from the residential district by an alley, along the alley lot line.
In addition, all outside trash areas shall be enclosed by such five-foot
masonry wall. Such wall shall be protected from possible damage inflicted
by vehicles using the parking area by means of precast concrete wheel
stops at least six inches in height or by firmly implanted bumper
guards not attached to the wall or by other suitable barriers.
(b)
The entire parking area shall be paved with a permanent surface of
concrete or asphaltic cement. Any unpaved area of the site shall be
landscaped with lawn or other horticultural materials, maintained
in a neat and orderly fashion at all times, and separated from the
paved area by a raised curb or other equivalent barrier.
(c)
Lighting shall be installed in a manner which will not create a driving
hazard on abutting streets or which will not cause direct illumination
on adjacent residential properties. All lighting, including illuminated
signs, shall be erected, directed and hooded or shielded so as to
be deflected away from adjacent and neighboring property.
(d)
Before approval is given for any use, a site plan shall first be
submitted to the Planning Commission for review as to suitability
of the location of entrances and exits to the site, parking area,
screening, lighting and other design features.
[Code 1975, § 39-25; Code 1992, § 32-110; 8-13-2001 by Ord. No. 1188; 10-22-2007 by Ord. No. 1280]
Grading, the location of down spouts, driveways, irrigation
systems, or landscaping for any building shall not result in adverse
drainage to surrounding existing buildings or properties. For any
new construction, the existing established grade of adjacent properties
shall be used in determining the grade around the new building, and
the yard around the new building shall be graded in such a manner
as to meet existing grades, as long as such grading will not result
in adverse drainage to surrounding existing buildings or properties.
Landscaped areas, including berms and raised plantings, are not considered
adverse if adequate drainage is provided.
[Code 1975, § 39-26; Code 1992, § 32-111]
Any building or structure which has been wholly or partially
erected on any premises within or outside the City shall not be moved
to and/or placed upon any premises in the City unless a building permit
for such building or structure shall have been secured. Any such building
or structure shall fully conform to all the sections of this chapter
in the same manner as a new building or structure.
[Code 1975, § 39-27; Code 1992, § 32-112]
The construction, maintenance or existence within the City of
any unprotected, unbarricaded, open or dangerous excavations, holes,
pits or wells or of any excavations, holes or pits which constitute
or are reasonably likely to constitute a danger or menace to the public
health, safety or welfare is hereby prohibited. However, this section
shall not prevent any excavation under a permit issued pursuant to
this chapter or the City Building Code where such excavations are
properly protected and warning signs posted in such a manner as may
be approved by the Chief Inspector.
[Code 1975, § 39-28; Code 1992, § 32-113]
The use of land for the excavation, removal, filling or depositing
of any type of earth material, topsoil, gravel, rock, garbage, rubbish,
or other wastes or by-products is not permitted in any zoning district
except under a certificate from and under the supervision of the Chief
Inspector in accordance with a topographic plan, approved by the Director
of Public Works, submitted by the feehold owner of the property concerned.
The topographic plan shall be drawn at a scale of not less than one
inch equals 50 feet and shall show existing and proposed grades and
topographic features and such other data as may from time to time
be required by the Director of Public Works. Such certificate may
be issued in appropriate cases upon the filing with the application
of a cash bond or surety bond by a surety company authorized to do
business in the state running to the City in an amount as established
by the Director of Public Works which will be sufficient in amount
to rehabilitate the property upon default of the operator or such
other reasonable expenses. This section does not apply to normal soil
removal for basement or foundation work when a building permit has
previously been duly issued by the Chief Inspector.
[Code 1975, § 39-29; Code 1992, § 32-114]
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Chief Inspector or required compliance with this lawful order, except as specified in § 52-736.
[Code 1975, § 39-30; Code 1992, § 32-115]
Nothing in this chapter shall be deemed to require any change
in the plans, construction or design use of any building upon which
actual construction was lawfully begun prior to the adoption of the
ordinance from which this chapter is derived and upon which building
actual construction has been diligently carried on and provided, further,
that such building shall be completed within two years from the date
of passage of the ordinance from which this chapter is derived.
[Code 1975, § 39-31; Code 1992, § 32-116]
The sections of this chapter shall not be so construed as to
interfere with the temporary use of any property as a voting place
in connection with municipal or other public elections.
[Code 1975, § 39-32; Code 1992, § 32-117]
No proposed plan of a new subdivision shall be approved by either
the City Council or the Planning Commission unless the lots within
such a plat equal or exceed the minimum size and width requirements
set forth in the various districts of this chapter and unless such
plat fully conforms with the state statutes and all other sections
of this Code.
[Code 1975, § 39-33; Code 1992, § 32-118]
Essential services as defined in this chapter are permitted
in all zoning use districts. The City Council shall have the power
to permit the location in any use district of a public utility building,
structure or use, if the Council shall find such use, building or
structure reasonably necessary for the public convenience and service,
provided such building, structure, or use is designed, erected and
landscaped to conform harmoniously with the general architecture and
character of such district.
[Code 1975, § 39-34; 10-28-1991 by Ord. No. 1018; Code 1992, § 32-119; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253; 10-22-2007 by Ord.
No. 1280; 5-24-2010 by Ord. No. 1311; 10-24-2016 by Ord. No. 16-005]
(a)
ATTACHED WIRELESS COMMUNICATION FACILITIES
CO-LOCATION
WIRELESS COMMUNICATION FACILITIES
WIRELESS COMMUNICATION SUPPORT STRUCTURES
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
Wireless communication facilities (antennas and panels) that
are affixed to existing structures, such as existing buildings, towers,
water tanks, utility poles and the like. A wireless communication
support structure proposed to be newly established shall not be included
within this definition.
The location by two or more wireless communication providers
or wireless communication facilities on a common structure, tower,
or building, with the view toward reducing the overall number of structures
required to support wireless communication antennas within the community.
Includes all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, antennas, microwave relay towers, telephone transmission equipment, building and commercial mobile radio service facilities. Not included within this definition are domestic television antennas or towers, citizen band radio facilities, shortwave facilities, ham and amateur radio facilities, satellite dishes and government facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority. However, those types of communication facilities must also conform to P.L. 106-521 and 47 CFR 95 equipment must be Federal Communications Commission (FCC) certified and may not include a linear amplifier or antenna that exceeds regulations given in § 52-701(d).
Structures erected or modified to support wireless communication
antennas. Support structures within this definition include, but shall
not be limited to, monopoles, lattice towers, light poles, wood poles
and guyed towers, or other structures which appear to be something
other than a mere support structure.
(b)
Permitted in certain districts and locations. All new wireless communication
facilities shall be permitted in any industrial zoned district, subject
to compliance with applicable federal law, state law and City ordinances.
The collocation of a wireless communication facility may be permitted
in a C-1 or CBD Zone when located on an existing common structure,
tower, or building. Any accessory transformer box which must be placed
on the ground shall be constructed according to all zoning and building
regulations and shall be placed as close as possible to the support
structure. Wireless communication facilities may be permitted on the
following sites in all districts subject to a public hearing:
(c)
Site plan approval. All new wireless communication facilities installed
at a new location are subject to site plan approval by the Planning
Commission and the application of all other standards contained in
this section. Co-locations with existing facilities do not require
site plan review. Change in footprint of existing facilities or increase
tower height requires administrative review of the Planning Director.
(d)
General requirements. General requirements are as follows:
(1)
A building permit shall be required for the erection, construction
or alteration of any wireless communication facility and approved
by the Chief Inspector as to compliance with the requirements of the
zoning district wherein such wireless communication facility is to
be located.
(2)
The maximum height of a new or modified support structure and
antenna shall be the minimum height demonstrated to be necessary for
reasonable communication by the applicant and by other entities to
co-locate on the structure. The accessory building contemplated to
enclose such things as switching equipment shall be limited to a maximum
height of 12 feet, unless architectural features acceptable to the
Planning Commission justify increased height.
(3)
The minimum setback of a new or materially modified support
structure from all abutting streets or adjacent property shall be
a distance equal to the height of such structure, unless the applicant
can certify that the tower is engineered to fall within the parcel
if structural failure occurs.
(4)
There shall be an unobstructed access to the support structure
and switching equipment, for operation, maintenance, repair and inspection
purposes, which may be provided through or over an easement.
(5)
The use of high intensity (strobe) lighting on a wireless communication
facility shall be prohibited, and the use of other lighting shall
be prohibited absent a demonstrated need.
(6)
Wireless communication facilities in excess of 100 feet in height
above grade level shall be prohibited within a two-mile radius of
a public airport or one-half-mile radius of a helipad.
(7)
Where an attached wireless communication facility is proposed
on the roof of a building, if the equipment enclosure is proposed
as a roof appliance or penthouse, it shall be designed, constructed
and maintained to be architecturally compatible with the principal
building. The equipment enclosure may be located within the principal
building or in an accessory building. If proposed as an accessory
building, it shall be compatible with the existing building and shall
conform with all district requirements for principal buildings, including
yard setbacks.
(8)
Where the property containing a wireless communication facility
adjoins any residentially zoned property or land use, the developer
shall plant two alternating rows of evergreen trees with a minimum
height of five feet on twenty-foot centers along the entire perimeter
of the tower and related structures. In no case shall the evergreens
be any closer than 10 feet from any structure.
[Code 1975, § 39-35(1); Code 1992, § 32-120; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253]
Open air business uses, where permitted, in a C-1, M-1 or M-2
District, shall be subject to the following:
(1)
The minimum area of the site shall be 10,000 square feet in a C-1
District and 15,000 square feet in an M-1 and M-2 District.
(2)
The minimum street frontage shall be 100 feet.
(3)
There shall be provided around all sides of the site, except at entrances,
exits and along sides of premises enclosed by buildings, a fence or
wall five feet in height in order to intercept windblown trash and
other debris.
(5)
Lighting shall be installed in a manner which will not create a driving
hazard on abutting streets or which will cast direct illumination
on adjacent properties.
(6)
Before approval is given for any use, a site plan shall be first
submitted to the Planning Commission for review as to the suitability
of location of entrances and exits to the site, parking area, fencing,
lighting and other design features.
(7)
All open air business uses shall comply with all City and county
health regulations regarding sanitation and general health conditions.
[Code 1975, § 39-36; Code 1992, § 32-121; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253; 9-28-2015 by Ord. No.
15-008]
The Planning Commission and City Council may designate certain
properties or structures as historical structures or properties. The
occupation of these structures or properties for uses other than those
permitted in the zoning district in which it lies may be permitted
after recommendation by the Historic District Commission, a public
hearing by the Planning Commission and approval of the City Council.
This designation stays with the property until the structure is demolished
or until the owner requests that the designation be removed or changed
to another use. A removal or use change must come with approval from
the Planning Commission and City Council after a recommendation from
Historic District Commission.
[Code 1975, § 39-37; Code 1992, § 32-122; 8-13-2001 by Ord. No. 1188; 10-22-2007 by Ord. No. 1280; 6-25-2012 by Ord. No.
1337]
(a)
Whenever a greenbelt or planting strip is required in this chapter,
it shall be completed prior to the issuance of any certificate of
occupancy and shall thereafter be maintained with permanent plant
materials, to provide a screen to abutting properties. Such greenbelts
shall be planted and maintained with trees or shrubs deemed acceptable
by the Planning Commission.
(b)
A buffer strip shall be required as follows:
(1)
There shall be a buffer strip with a minimum of a five-foot-high
screening fence, continuous landscaping or solid masonry wall between:
a.
Any new construction in the B, C-1, or CBD District and an R,
R-1, A-1, or A-2 District or any residentially occupied property.
b.
Any nonresidential use in the institutional zone and a residential
use.
c.
Any nonresidential use in a residential zone and a residential
use.
d.
Around the perimeter of a multiple-family development in an
A-1 and A-2 Zone.
(2)
There shall be a buffer strip with a minimum of a six-foot-high
screening fence, continuous landscaping, or solid masonry wall between
any MD, M-1, or M-2 District or marina or industrial use and an R,
R-1, A-1, or A-2 District or any residentially occupied property.
(3)
Outdoor storage where allowed in a C-1, MD, M-1, or M-2 District
shall be totally obscured by a screening fence, solid masonry wall,
or landscaping a minimum of six feet high to screen such areas from
public streets and adjoining properties. Any commercial, marina, or
industrial use where storage is allowed or existing outside of the
districts listed in this subsection shall comply with this subsection.
(4)
Buffer strips shall be as required in other parts of this chapter.
[Code 1975, § 39-38; Code 1992, § 32-123; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253; 10-22-2007 by Ord.
No. 1280]
All fences, walls and other protective barriers, referred to
in this section as "fences," of any nature, description, located in
the City shall conform to the following:
(1)
The erection, construction, or alteration of any fence shall be approved
by the Chief Inspector in compliance with this chapter.
(2)
Fences, unless specifically provided otherwise, shall conform to
the following:
a.
In all districts, a permitted fence shall not exceed six feet in
height above the preexisting grade of the surrounding land. A variance
from the Zoning Board of Appeals may be granted for a greater height.
b.
In other than the M-1 and M-2 Districts, barbed wire, spikes, nails
or any other sharp instruments of any kind are prohibited on the top
or on the sides of any fence, except that barbed wire cradles may
be placed on top of fences enclosing public utility buildings or equipment
in any district or wherever deemed necessary by the Planning Commission
in the interests of public safety, or protection of private property.
(3)
Setbacks for fences shall be as follows:
a.
In all residential districts, fences are not allowed in the required front yard setback or street side yard setback, unless otherwise noted. In the R, R-1, A-1, and A-2 Districts, in the required front yards setback (not on the waterfront) and street side yards setback, ornamental fences and walls for decorative or landscaping purposes, not exceeding 36 inches in height as measured from the established sidewalk or top of curb grade, may be located on the property line, provided it does not obstruct the view of traffic (see § 52-673). Such ornamental fences or walls allowed in the front yard shall include white picket (wood or vinyl) or wrought iron fences, and stone or brick walls. Front yard fences not considered to be ornamental are chain-link, wire, stockade, or plain concrete block. It shall be the discretion of the Planning Department to determine if such fence is ornamental. In order to obtain a building permit, a site plan with the location of such ornamental fence shown on the property and an elevation drawing or picture of the type of fence to be erected shall be submitted. Fences in the rear or side yard, not abutting a street, may be placed at the property line. Fences in the front yards on the waterfront (lakes, rivers, or canals) shall follow the regulations as indicated in § 52-621 of this chapter.
b.
In M-1, M-2, and I Districts, setbacks for fences must conform to
building setbacks in the front yard and street side yard. Fences in
the rear yard or side yard may be placed at the property line.
c.
In the C-1, CBD, B, MD, and CCD Districts, fences may be erected
at the property line in all yards. When adjacent to a residential
district, the setbacks for fences in the front yard or street side
yard shall be as required for the setback of the building.
(4)
No screening fence shall be erected, established or maintained on any lot which will obstruct the view of a driver of a vehicle approaching the street or sidewalk, with the exception that shade trees shall be permitted where all branches are not less than eight feet above the road level. (See § 52-673.)
(5)
Electrified fences are not allowed within the corporate limits of
the City. This does not include in-ground pet fences.
[Code 1975, § 39-39; Code 1992, § 32-124; 9-28-1992 by Ord. No. 1027; 8-13-2001 by Ord. No. 1188; 10-22-2007 by Ord.
No. 1280; 5-24-2010 by Ord. No. 1311; 9-28-2015 by Ord. No. 15-008; 10-24-2016 by Ord. No. 16-005]
Adequate solid waste disposal facilities shall be required in
the A-1, A-2, B, C-1, CBD, M-1 and M-2 Districts or at any nonresidential
use within the R or R-1 District. If trash/waste cannot be stored
inside of a building until it is removed from the property, or if
an exterior trash/waste disposal receptacle is necessary, a dumpster
shall be provided and shall comply with the following:
(1)
Adequate vehicular access shall be provided to such solid waste containers
for truck pickup either via a public alley or vehicular access aisle
which does not conflict with the use of off-street parking areas or
entrances to or exits from principal buildings nearby. When a public
alley is utilized for truck access, said alley shall not be adjacent
to a residence. In addition, said alley must be wide enough for the
truck to maneuver without entering an adjacent private property.
(2)
A solid ornamental screening wall or fence shall be provided around
all sides of solid waste containers which shall be provided with a
gate for access and shall be of such height as to completely screen
such containers, the minimum height of which shall be six feet.
(3)
The solid waste containers, the screen wall or fence and the surrounding
ground area shall be maintained in a neat and orderly appearance,
free from solid waste. This maintenance, including collection and
disposal of solid waste, shall be the responsibility of the owner
of the premises on which the containers are placed. The waste container
shall be covered at all times.
(4)
There shall be compliance with all county and state ordinances and statutes and Chapter 38, Solid Waste and Recycling.
(5)
A refuse container, or dumpster, must be located a minimum of 20
feet from the property line of a residence. A waste container shall
not be located in the front yard in any zoning district, except in
accordance with § 38-14(a) of the Code of Ordinances.
(6)
In
the R, R-1, A-1, or A-2 Zones, a refuse container, or dumpster, must
be located on the parcel with the residential building it is intended
to serve and shall not be located on a vacant parcel.
[Code 1975, § 39-40; Code 1992, § 32-125; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253; 10-22-2007 by Ord.
No. 1280; 10-24-2016 by Ord. No. 16-005]
(a)
A home occupation is an activity carried out for gainful purposes
by a resident of the dwelling and conducted as a customarily incidental
use to the dwelling unit.
(b)
For this chapter, there shall be three distinct types of home occupation:
passive home occupations, active home occupations and medical marihuana
home occupations.
[4-26-2021 by Ord. No. 21-003]
(1)
Passive home occupations. Passive home occupations shall not
require any client or customer traffic to visit the home. This type
of home occupation shall be allowed in any residential district without
special approval. Examples of a passive home occupation would be an
office of a salesperson who makes telephone calls to clients or goes
out to visit the client.
(2)
Active home occupations. Active home occupations generate customer
traffic to the home, and active use shall require a special approval
use permit from the Planning Commission and City Council. Examples
of an active home occupation would be an office of a tax preparer
who receives clients to the home.
Certain active home occupations do not require a special permit
from the Planning Commission as the state guarantees them by right
to be allowed in a residential district. These home occupations allowed
by state law are those occupations in "instruction of the crafts or
fine arts." For example a tutor in mathematics, a music instructor,
or a piano teacher is allowed as a home occupation and can receive
clients at the home without a special permit. Such instructional occupation
shall still be governed by the conditions and criteria for a home
occupation as it is listed in this section and is limited to the hours
of operation, number of students, etc.
(3)
Medical marihuana home occupations, whether passive or active, shall
require a special use permit from the Planning Commission.
(c)
Within a community, certain limited home occupation uses can be useful
to both the general community as well as the resident proprietor.
There is a need for some citizens to use their place of residence
for limited nonresidential activities; however, the need to protect
the integrity of a residential area is of primary concern. It is the
intent of this chapter to:
(1)
Allow freedom of the individual property owner, yet not infringe
upon the security of the community's interest or restrict the greater
good of the public.
(2)
Ensure compatibility of such home occupation with other permitted
uses of a residential district.
(3)
Retain the residential character of the neighborhood involved.
(4)
Defend the privacy of surrounding residents and not create an
inappropriate atmosphere for family life.
(5)
Protect the health, safety, morals, and welfare of the adjacent
residents.
(6)
Guarantee all residents freedom from excessive noise, excessive
traffic, nuisance, fire hazard, and other possible effects of commercial
uses being conducted in residential areas.
(d)
All home occupations meet the following conditions and criteria:
[4-26-2021 by Ord. No. 21-003]
(1)
Only members of the immediate family on the premises may be
employed by such occupation.
(2)
Such use shall be clearly incidental and secondary to the dwelling
for dwelling purposes. The primary function of the premises shall
be that of the residence of the family, and the occupation shall not
exceed 10% of any one floor of the principal building.
(3)
No more than one home occupation shall be permitted within any
single dwelling unit.
(4)
All activity shall be operated in its entirety within the preexisting
dwelling and not within any garage or accessory building located upon
the premises, except for incidental storage which may be allowed within
a residential-type garage upon the premises. The warehousing of retail
or wholesale merchandise is prohibited. There shall be no outside
storage or processing.
(5)
No toxic, explosive, flammable, combustible, corrosive, etiologic,
radioactive, or other restricted materials shall be used or stored
on the site.
(6)
No activity is allowed which would constitute a nuisance to
surrounding property or which would endanger the health, safety, and
welfare of any other persons residing in that area by reason of noise,
noxious odors, smoke, fumes, dust, heat, vibrations, unsanitary or
unsightly conditions, fire hazards, electrical disturbances, night
lighting, glare, and the like which is noticeable at or beyond the
property line or beyond the walls of the dwelling unit if the unit
is part of a multifamily structure.
(7)
Such home occupation shall be in compliance with all City, county,
and state codes, laws, and regulations.
(8)
Such use shall not require internal or external alterations
or construction other than that which may be required to meet City,
county or state safety or construction code standards as authorized
by the City.
(9)
There shall be no signage, advertising, or product displayed
which is visible from the street or adjacent property.
(10)
No external evidence of such home occupation shall be allowed
indicating from the exterior that it is being used for anything but
a dwelling.
(11)
No sale or rental of goods shall be allowed on the premises.
Any goods produced on the premises must be sold off the premises.
Samples, not produced on the premises, may be displayed but not sold
on the premises. No food or beverages shall be sold on the premises.
(12)
Customers for the active home occupation shall be accommodated
on an appointment basis. Walk-in business, where the premises is generally
open to customers without an appointment, shall not be allowed. Business
shall be conducted from 8:00 a.m. to 8:00 p.m. There shall be a limit
of six customers per day, and the business shall not service more
than one client or customer at a time on the premises.
(13)
Traffic and parking shall be in accordance with the following:
a.
Adequate off-street parking shall be provided on site for residents
and customers.
b.
Paving of any yard area other than normal driveway areas to
accommodate parking for home occupations is prohibited.
c.
The home occupation shall not generate a volume or character
of pedestrian or vehicular traffic beyond that normally generated
by homes in the residential neighborhood.
d.
Only deliveries normally and reasonably occurring for a residence
shall be made to the home. Delivery vehicles shall not restrict traffic
circulation.
(14)
When applying for a special permit for a home occupation, there
shall be no violation against a property or dwelling before such residence
may be issued a special permit for such home occupation.
(15)
Activities specifically prohibited include small engine repair,
repair or service of motor vehicles and other large equipment, and
service or manufacturing processes which would normally require industrial
zoning. The use of equipment or machinery industrial in nature is
prohibited. Only mechanical equipment ordinarily used for residential,
domestic, or household purposes or as deemed similar to power and
type is allowed.
(16)
A personal service business requiring physical contact with
the client or a service which is directly performed on or to the client's
body is not considered a home occupation by this chapter.
(17)
Any advertising of the home occupation may include the telephone
number, but shall not carry the residential address of such occupation
in order to prevent walk-in customers without appointment.
(19)
Such other reasonable conditions and limitations may be imposed
by the Planning Commission to protect nearby residential premises
and persons.
(20)
No home occupation shall involve the care or treatment of animals
or pets.
(21)
Some business or professional offices may be used as a home
occupation. It will be the final decision of the Planning Department
to determine what types of offices qualify as a home occupation. These
offices normally serve one client at a time and customer traffic is
minimal. A "home occupation" office shall be the location where the
business owner lives and the office is a minor use. The following
offices may be considered a home occupation, provided all of the regulations
of a passive and active home occupation apply:
a.
Typing or secretarial services.
b.
Bookkeeping, accounting, or tax preparation services.
c.
Home office of a sales representative such as Avon, Mary Kay,
Amway, etc.
d.
Insurance agent.
e.
Real estate agent.
f.
Architect or engineer.
|
The following offices cannot be considered as home occupations:
| |||
|
a.
|
Medical office of a doctor, dentist, chiropractor, etc.
| ||
|
b.
|
Veterinarian office or clinic.
| ||
|
c.
|
Office of a physical therapist or massage therapist.
| ||
(22)
Any home occupation which consists of an occupation which must
be state or federally licensed must first obtain such license before
the home occupation permit can be granted.
(23)
Following is a list of examples of home occupations, which is
not intended to limit the kinds of home occupations that can comply
with the conditions of this section:
(24)
Following is a list of examples of what is not considered a
home occupation by this chapter due to the fact that, by the nature
of the investment or operation, it has a pronounced tendency once
started to rapidly increase beyond the limits permitted for home occupations
and thereby impairs the use and value of a residentially zoned area
for residence purposes and is more suited to professional or business
districts. This list is not intended to limit the kinds of uses which
are deemed not to comply with the conditions of this section:
a.
Small engine repair, automotive repairs, automotive detailing,
taxi dispatch service.
b.
Dog grooming.
c.
Kennels.
d.
Restaurants.
e.
Bed-and-breakfasts or tourist homes.
f.
Psychic reading.
g.
Tearooms.
h.
Child or adult day care.
i.
Repair, painting, or sale of motorized vehicles.
j.
Welding or machine shops.
k.
Catering.
l.
Personal service business requiring bodily contact with the
client such as the business of a barber or beautician, tattoo artist,
nail technician, physical therapist, or massage therapist, etc.
m.
Taxi service dispatch.
n.
Tattoo or body piercing establishment.
o.
Retail shop.
(e)
Medical
marihuana home occupations. In addition to the requirements herein
applicable to all home occupations, medical marihuana home occupations
must meet the following:
[4-26-2021 by Ord. No. 21-003]
(2)
A registered primary caregiver operating a medical marihuana home
occupation must not be located within 1,000 feet of a school, as measured
from the outermost boundaries of the lot or parcel on which the home
occupation and school is located.
(3)
Not more than one primary caregiver per parcel may be permitted to
grow or cultivate medical marihuana.
(4)
Not more than five qualifying patients may be assisted with the medical
use of marihuana within any given calendar week.
(5)
All medical marihuana must be contained within an enclosed, locked
facility inside the primary residence on the parcel.
(6)
All necessary building, electrical, plumbing and mechanical permits
must be obtained for any portion of the building in which electrical
wiring, lighting and/or watering devices that support the cultivation,
growing or harvesting of marihuana are located.
(7)
If a room with windows is utilized as a growing location, any lighting
methods that exceed usual residential periods between the hours of
11:00 p.m. and 7:00 a.m. must employ shielding methods, without alteration
to the exterior of the residence, to prevent ambient light spillage
that may create a distraction for adjacent residential properties.
(8)
That portion of the building where energy usage and heat exceeds
typical residential use, such as grow room, and the storage of any
chemicals such as herbicides, pesticides, and fertilizers must be
subject to inspection and approval by the City of Port Huron Fire
Department to ensure compliance with the Michigan Fire Protection
Code.
(9)
The premises must be open for inspection upon request by the Building
Official, the Fire Department and law enforcement officials for compliance
with all applicable laws and rules, during the stated hours of operation/use
and as such other times as anyone is present on the premises.
(10)
Medical marihuana home occupations are permitted only in single-family
dwelling units and not in any multifamily or multi-unit dwellings.
[Code 1975, § 39-41; Code 1992, § 32-126; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253; 9-28-2015 by Ord. No.
15-008; 10-24-2016 by Ord. No. 16-005]
Bed-and-breakfast facilities, where permitted in certain districts
after special approval, shall be subject to the following:
(1)
The principal use of the dwelling is single-family residential and
is owner-occupied at all times.
(2)
The rooms utilized are a part of the principal residential use and
not specifically constructed for rental purposes. Additions to the
home to allow expansion of the bed-and-breakfast use are not permitted.
(3)
The bed-and-breakfast facility does not require any internal or external
alterations of construction features, equipment or outdoor storage
not customary in residential areas and does not change the character
of the dwelling.
(4)
No more than five rooms shall be rented for bed-and-breakfast purposes.
(5)
Meals shall only be served to those renting rooms.
(6)
No transient occupant shall reside on premises for more than seven
consecutive days and not more than 30 total days in one year.
(7)
All such facilities shall comply with all applicable City, county, and state building, plumbing, electrical, mechanical, fire, health, and barrier free codes. The rooms shall be inspected by the Building Inspection Department and the Fire Marshall before rooms can be occupied. A bed-and-breakfast is subject to the regulations for a single-family residence. It is not subject to Chapter 10, Article V, Rental Certification, of the City Code of Ordinances.
(8)
Signage shall conform to § 52-829. An elevation drawing of the proposed sign shall be provided when applying for a special permit, and a building permit shall be obtained before the sign is erected. All signage shall require approval from the Historic District Commission.
(9)
Sufficient off-street parking shall be provided pursuant to Article VI of this chapter as it pertains to single-family dwellings and bed-and-breakfast facilities. Parking lots shall be paved, and stacking cars one behind the other for bed-and-breakfast patrons shall not be permitted. No parking areas shall be located in any required front yard or street side yard. Parking areas shall be adequately screened, as required, from other adjacent residential lots.
(10)
When applying for special approval, a site plan shall be provided
indicating the location of the dwelling, the lot dimensions, location
of proposed parking areas, signage, landscaping, etc.
(11)
Homes utilized as bed-and-breakfast facilities must display
unique historical architectural characteristics and will require a
letter of recommendation from the Historic District Commission as
a historical structure before approval is issued by Planning Commission.
(12)
Any changes to the facade of the structure will require approval
from the Historic District Commission.
(13)
The site utilized must be a conforming residential lot regarding
size.
[Code 1975, § 39-42; Code 1992, § 32-127; 8-13-2001 by Ord. No. 1188; 10-22-2007 by Ord. No. 1280; 6-25-2012 by Ord. No.
1337]
(a)
The purpose of site plan review is to determine compliance with the
sections set forth in this chapter and to promote the orderly development
of the City, the stability of land values and investments and general
welfare, and to help prevent the impairment or depreciation of land
values and development by the erection of structures or additions
or alterations thereto without proper attention to siting and appearance.
This section shall apply to all site plan review procedures unless
otherwise provided in this chapter. The procedures of this section
shall be minimum requirements, and additional procedures may be required
by this chapter or by the Planning Commission.
(b)
Whenever site plan review is required by this chapter, a copy of
the site plan, including all items required together therewith, shall
be submitted to the Planning Commission. A site plan review application,
to have site plan approval for a particular use, shall be submitted
to the Planning Director, 100 McMorran Boulevard, Port Huron, Michigan
48060. Include the name of the development; the proposed use; the
property owner's name and/or the applicant's name, address, and daytime
telephone number. If the applicant is not the property owner, please
indicate as such and the relationship thereto (for example, if the
applicant is the contractor, realtor, developer, etc.). A copy of
a purchase agreement may be requested, if the applicant is not the
property owner. The Planning Commission may prepare forms and require
the use of such information in site plan preparation. The fee for
an application for site plan review or approval shall be adopted by
resolution of the City Council and amended, as necessary, by resolution
of the City Council.
(c)
A copy of the site plan shall be distributed by the Planning Commission
to such individuals and agencies as deemed necessary by the Planning
Commission.
(d)
The following information shall accompany all plans submitted for
review:
(1)
A legal description of the property under consideration.
(2)
A copy of the site plan is required on a 8 1/2-inch by
eleven-inch paper and a twenty-four-inch by thirty-six-inch sheet.
A map indicating the gross land area of the development, the present
zoning classification thereof, and the zoning classification and land
use of the area surrounding the proposed development, including the
location of structures and other improvements, is required. All property
and building dimensions shall be indicated. The map shall be drawn
to scale by a licensed surveyor, engineer, or architect. All letters
and numbers on the map shall be clearly legible. When possible, a
site plan can be submitted as a computer file in a format readable
by AutoCAD in lieu of a paper copy.
(3)
The 8 1/2-inch by eleven-inch site plan shall be a general
development plan with at least the following details shown to scale
and dimensioned:
a.
Location of each existing and each proposed structure in the
development area, the use to be contained therein, the number of stories,
gross building areas, distances between structures and lot lines,
setback lines, and approximate location of vehicular entrances and
loading points; location of structures on adjacent properties in respect
to the property lines.
b.
All streets, driveways, easements, service aisles and parking areas, including general layout and design of parking lot spaces in accordance with Article VI of this chapter.
c.
All pedestrian walks, malls and open areas for parks and recreation.
d.
Location and height of all walls, fences and screen planting,
including general plan for the landscaping of the development and
the method by which landscaping is to be accomplished and be maintained;
location of dumpsters, if necessary for such use.
e.
Types of surfacing, such as paving, turfing or gravel, to be
used at the various locations.
(5)
Plans and elevations of one or more structures, indicating proposed
architecture and construction standards.
(6)
Such other information as may be required by the City to assist
in the consideration of the proposed development.
(7)
Any rezonings, lot splits/combinations, zoning variances, etc.,
which are required for the proposed use shall occur before a site
plan can be reviewed. The fee for an application to split or combine
a lot shall be adopted by resolution of the City Council and amended,
as necessary, by resolution of the City Council.
(8)
Public rights-of-way (alleys or streets) or utility easements
which may need to be vacated for construction purposes shall be vacated
prior to any site plan approval. If utility easements need to be relocated,
letters from the appropriate utility companies authorizing the relocation
shall be provided before such existing easements can be vacated. The
fee for an application to vacate a public rights-of-way (alleys or
streets) or utility easement shall be adopted by resolution of the
City Council and amended, as necessary, by resolution of the City
Council.
(e)
In order that buildings, open space and landscaping will be in harmony
with other structures and improvements in the area and to ensure that
no undesirable health, safety, noise and traffic conditions will result
from the development, the Planning Commission shall determine whether
the site plan meets the following criteria, unless the Planning Commission
determines that one or more of such criteria are inapplicable:
(1)
The vehicular transportation system shall provide for circulation
throughout the site and for efficient ingress and egress to all parts
of the site by fire and safety equipment.
(2)
Pedestrian walkways shall be provided as deemed necessary by
the Planning Commission for separating pedestrian and vehicular traffic.
(3)
Recreation and open space areas shall be provided in all multiple-family
residential developments.
(4)
The site plan shall comply with the district requirements for minimum floor space, height of buildings, lot size, yard space, density and all other requirements as set forth in § 52-621 of this chapter unless otherwise provided in this chapter.
(5)
The requirements for greenbelts, fencing, and walls, and other protective barriers shall be complied with as provided in § 52-693.
(6)
The site plan shall provide for adequate storage space for the
use therein, including, where necessary, storage space for recreational
vehicles.
(7)
The site plan shall comply with all requirements of the applicable
zoning district, unless otherwise provided in this chapter.
(f)
The site plan shall be reviewed by the Planning Commission and approved,
disapproved or approved with any conditions the Planning Commission
feels should be imposed. However, the applicant shall have the right
to appeal to the City Council for a site plan disapproved by the Planning
Commission, provided that the appeal is filed within 30 days after
Planning Commission denial.
(g)
The building permit may be revoked by the Chief Inspector when the conditions of the site plan as approved by the Planning Commission have not been complied with as provided in § 52-41(b)(2).
(h)
Any structure or use added subsequent to the initial site plan approval
must be approved by the Planning Commission. Incidental and minor
variations of the approved site plan with written approval of the
Planning Director shall not invalidate prior site plan approval.
[Code 1992, § 32-128; 8-13-2001 by Ord. No. 1188; 10-22-2007 by Ord. No. 1280]
Notwithstanding anything to the contrary contained in this chapter
and to secure compliance with Public Act 110 of 2006 (MCL 125.3101
et seq.) with respect to procedures contained in this chapter pertinent
to special land uses and/or planned unit developments or concepts
in this chapter under different terminology designed to accomplish
similar objectives of a reviewing process, such reviewing process
is delegated to the Planning Commission. Any site plan review required
pertinent to this section is also hereby similarly delegated notwithstanding
any other section to the contrary. In addition to specific standards
which may be applicable, the following standards shall serve as the
basis for decisions involving special land uses, planned unit developments,
and other discretionary decisions contained in this chapter. The proposed
use or activity shall:
(1)
Be compatible with adjacent uses of land;
(2)
Be consistent with and promote the intent and purpose of this chapter;
(3)
Be compatible with the natural environment;
(4)
Be consistent with the capabilities of public services and facilities
affected by the proposed use; and
(5)
Protect the public health, safety, and welfare.
[12-8-2003 by Ord. No.
1219; 10-10-2005 by Ord. No. 1253; 10-22-2007 by Ord. No. 1280]
Renovations or new construction of single-family and two-family
residential dwellings shall be compatible in design and appearance
to dwellings in the neighborhood it is located. The Zoning Administrator
shall determine whether this standard is met by reviewing the following
criteria:
(1)
New construction of residential dwellings shall be compatible with
the scale, height, period style, and architectural design of existing
homes within the block surrounding the lot.
(2)
The front entrance of the home shall face the front street side of
the lot. New homes shall not be established/constructed on the lot
sideways. On corner lots, the main entrance may face either of the
streets if in accordance with other applicable codes and ordinances.
(3)
Setbacks are to be in accordance with this chapter; exceptions may
be made to allow for setback to reflect the average established setback
line of existing, adjacent buildings only if it can be shown that
the required setback would dramatically alter the line of site, privacy
and aesthetics of the neighboring area.
(4)
Not more than 50% of the inside length of an attached garage may
protrude out past the front facade wall of the home unless the vehicle
garage doors are on the side of the garage and not facing the street.
The street side shall incorporate building design elements and materials
to blend with the front facade and shall include windows and trim.
If a garage is attached to the main structure, it can protrude out
past the house by any distance, within proper setbacks, if part of
the living quarters of the main dwelling is above the garage. This
living space above the garage must not be a separate residential dwelling
unit and must be accessed through the main part of the house not through
a set of stairs in the garage. The roof of the attached garage cannot
be more than three feet higher than the roof peak of the dwelling
unless part of the living space of the main dwelling is built as a
second story over the garage. Garage width may not exceed more than
60% of the home's front facade width.
(5)
Garage walls are to be no more than 10 feet high excluding the portion
of the wall within a gable end. The roof height may not extend more
than three feet above the roof peak of the dwelling. Exception is
noted for those structures that are attached garages with a portion
of the principle structure's living space constructed above the garage.
(6)
When alleys are existing for access, the development of garages and
parking pads to be adjacent to the alley rather than the street frontage
is preferred.
(7)
The original scale, proportions, lines and exterior construction
materials of the surrounding environment shall be respected, compatible
and enhanced.
(8)
Front entrances and porches must include design elements that are
similar in scale, height and design to those on original existing
structures in the neighborhood.
(9)
New residential construction requires the construction of a garage
structure. Dwellings of less than 1,100 square feet require a minimum
one-car enclosed garage per residential unit; dwellings of 1,100 square
feet or more require a minimum of a two-car enclosed garage per residential
unit. The enclosed garage may be attached or unattached and must meet
the appropriate setbacks and all other regulations.
[12-8-2003 by Ord. No.
1218; 9-28-2015 by Ord. No. 15-008; 10-24-2016 by Ord. No. 16-005]
The purpose of this section is to establish general minimum
standards regarding landscape plans as part of the site plan review
process; enhance the City's environmental and visual character; preserve
or stabilize ecological concerns with development needs; maintain
a healthy environment, mitigate pollution, and provide natural and
aesthetically pleasing buffers between conflicting land uses; protect
public and private investments; and improve neighborhood aesthetics
and promote high-quality developments.
(1)
The following terms are hereby defined as follows: (reserved).
(2)
For new construction or major redevelopment of building projects
within an A-1, A-2, CBD, MD, C-1, M-1, or M-2 Zone, a landscape plan
must be approved as part of final site plan approval and prior to
issuance of a building permit. Such landscape plan to include: site
drawing indicating location, type and size of plantings, berms, screens,
parking surfaces, and any other amenities required.
(3)
Landscaping; street trees.
a.
Wherever a greenbelt exists along a roadway, street trees shall be
planted 40 feet on center. Existing street trees in good health may
be counted toward fulfilling this requirement.
b.
Proposed street trees should be of a complimentary species as existing
trees on that street but do not necessarily have to be of the same
species as a protective measure against insect and disease infestation.
The following trees are permitted as street trees:
1.
Beech (American and European).
2.
Elm: Hybrids only.
3.
Flowering trees: Crabapple, Dogwood, Horsechestnut, Ohio Buckeye,
Eastern Redbud, Callery Pear, Magnolia.
4.
Maple: Crimson King, Freeman, Hedge, Norway Cultivars, Paperbark,
Red, Shantung, Striped, Sugar, Tartarian.
5.
Oak: Burr, Pin, Red, Sawtooth, Shingle, Swamp and White Miscellaneous
species: Birch, Hackberry, Hornbeam (American), Ironwood, London Planetree,
Littleleaf Linden, Honey Locust, Sweetgum (American), Tupelo and Tuliptree.
The minimum size of trees at time of planting shall be 2 1/2
inches in caliper measured 12 inches above grade.
(4)
All developed portions of the site shall conform to the following
general landscaping standards, except for specific street and parking
lot landscaping requirements:
a.
All unpaved portions of the site shall be planted with grass, ground
cover, shrubbery or other suitable plant material.
b.
One deciduous tree shall be planted every 40 linear feet of street
frontage of unpaved open area. Eight shrubs may be substituted for
each required tree. A grouped planting bed may also be substituted
with the approval of the Planning Department where trees or shrubs
are not determined to be the best option.
(5)
Unless otherwise specified, all landscape materials shall comply
with the following standards:
a.
Plant quality. Plant materials used in compliance with this section
shall be nursery grown, free of pests and diseases, hardy in the county
climate and conditions, in conformance with the standards of the American
Association of Nurserymen, and shall have passed inspections required
under state regulations.
b.
Composition. A mixture of plant material, such as evergreen deciduous
trees and shrubs, is recommended as a protective measure against insect
and disease infestation. A limited mixture of hardy species is recommended
rather than a large quantity of different species to produce a more
aesthetic, cohesive design and avoid a disorderly appearing arrangement.
c.
Plant material specifications. The following specifications shall
apply to all plant material proposed in accordance with the landscaping
requirements of this section:
1.
Deciduous shade tree. Deciduous shade trees shall be a minimum
of 2 1/2 inches in caliper measured 12 inches above grade when
planted.
2.
Deciduous ornamental trees. Deciduous ornamental trees shall
be a minimum of two inches in caliper when measured 12 inches above
grade when planted.
3.
Evergreen trees. Evergreen trees shall be a minimum of five
feet in height when planted. Evergreen trees planted to comply with
a screening requirement shall be a minimum of six feet in height when
planted.
4.
Shrubs. Shrubs shall be a minimum of two feet in height or spread
when planted. Shrubs planted to comply with a screening requirement
shall be a minimum of three feet in height.
5.
Grass. Grass area shall be planted using species normally grown
as permanent lawns in the county and/or native to the county. Grass,
sod, and seed shall be clean and free of weeds, pests, and diseases.
Grass shall be sodded in the front yard unless otherwise approved.
In other areas of the site, grass may be sodded, plugged, sprigged,
or seeded. Straw or other mulch shall be used to protect newly seeded
areas.
6.
Ground cover. Ground cover used in lieu of turf grass in whole
or in part shall be planted in such a manner as to present a finished
appearance and reasonably complete coverage after one complete growing
season.
7.
Mulch. Mulch used around trees and shrubs shall be a minimum
of three inches deep and installed in a manner as to present a finished
appearance.
8.
Undesirable plant material. Use of the following plant materials
(or other clones or cultivars) is prohibited due to susceptibility
to storm damage, disease, and other undesirable characteristics:
(6)
Landscaping required by this section shall be maintained in a healthy,
neat, and orderly appearance, free from weeds, refuse and debris.
All unhealthy and dead plant material shall be replaced immediately
upon notice from the Building Inspector or the blight inspector, unless
the season is not appropriate for planting, in which case such plant
material shall be replaced at the beginning of the next planting season.
All landscaped areas shall be provided with a readily available and
acceptable supply of water. Trees, shrubs, and other plantings and
lawn areas shall be watered regularly throughout the growing seasons.
(7)
Berms shall be graded with slopes no steeper than one-foot horizontal
for each three-foot vertical, with at least a two-foot flat area on
top. Berms shall be planted with grass, ground cover, wood mulch or
other suitable plant material to prevent erosion and shall be in such
a design so as to not create adverse drainage to adjacent land.
(8)
It shall be the responsibility of the owner of the property for which
site and/or building plan approval has been granted to maintain the
property in accordance with the approved site and/or building design
on a continuing basis until the property is razed, or until the new
zoning regulations supersede the regulations upon which approval of
the site and/or building plans was based, or until a new site and/or
building design is approved. Any property owner who fails to so maintain
an approved site and/or building design shall be deemed in violation
of the provisions of this section and shall be subject to the penalties
set forth in this chapter.
(9)
In consideration of the overall design and impact of a specific plan,
the Planning Commission may modify the specific requirements outlined
herein, provided that any such adjustment is in keeping with the intent
of this and other sections of the chapter.
(10)
For those uses requiring greater than 20 parking spaces, there
shall be a landscape plan which shows plantings and groups of plantings
that buffer the parking lot areas from adjacent uses. Such a landscape
plan shall include a mixture of planting material appropriate for
the space, so as to not create a visual/safety barrier. Such plan
shall be approved by the Planning Department. Parking lot landscaping
shall be no less than five feet in any single dimension and shall
be protected from parking areas with curbing, or other permanent means
to prevent vehicular encroachment onto landscaped areas. This parking
lot requirement is in addition to landscaping required to comply with
the parking lot screening requirement.
[10-10-2005 by Ord. No.
1253; 5-24-2010 by Ord. No. 1311]
(a)
A building permit and/or electrical permit shall be required for
all residential antennas except satellite dish antennas less than
three feet in diameter which are intended for receipt of television
or communication signals.
(b)
All antennas and satellite dishes are only allowed in the side or
rear yard. They may not be placed on an easement. The minimum setback
requirement from the side and rear property line is three feet. This
setback shall also pertain to any guy wires to secure the antenna
or any stabilization device the antenna may require. Guy wires shall
be firmly secured to the ground only or the roof of the house if said
antenna is roof mounted.
(c)
Satellite dish antennas may be ground, roof, or wall mounted to the
main or accessory building on the property but only along the side
or rear yard. When attached to a building, the dish must be secured
according to the requirements of the City building code. Residential
satellite dishes may not exceed three feet in diameter. The outer
edge of a satellite dish shall be at the setback line, not the pole
upon which it is mounted.
(d)
In the R, R-1 and A-1 Districts, domestic radio and television antennas
cannot extend higher than 12 feet above the height limit of the zoning
district in which it is located. In all other districts, the height
may not exceed more than 20 feet above the height restriction of that
district.
(e)
Any wiring or cable connections between the antenna or dish and the
dwelling shall be installed in a manner approved by the City Electrical
Inspector.
[4-24-2006 by Ord. No.
1265]
"Livestock" means that term as defined in the Animal Industry
Act of 1987, Public Act No. 466 of 1988 (MCL 287.701 through 287.747).
There shall be no storage, staging, waiting, parking or maintaining
of any livestock at any time or in any district within the City's
corporate limits.
[10-22-2007 by Ord. No.
1280; 1-11-2010 by Ord. No. 1305]
To help offset the increasing costs of electricity and heat
supplied by fossil fuels, many property owners may wish to have alternative
forms of energy. This may be accomplished in a number of ways. Due
to the close proximity of buildings within a City, it has been deemed
necessary to allow only certain types of alternative energy devices
to be placed on properties and to have restrictions on these devices
for safety and security purposes. The devices allowed are:
(1)
Solar panels. Solar energy is a source of energy that uses radiation
emitted by the sun. A solar panel is a device that collects and converts
solar energy into electricity or heat.
a.
Solar energy panels and roof shingles are allowed in all zoning districts.
b.
Solar panels may not be placed on any side of a house or building facing the street. Panels may only be placed flush along the walls or roof of a structure and shall be in placed in accordance with the rules and regulations of Division 16, Schedule of Regulations, in regards to setbacks, heights, etc., per the district that the panels are located. The panels may be placed on an accessory building. Accessory buildings must be built per the requirements of § 52-676. Solar panel grids on a ground pole may be installed in C-1, CBD, I, M-1, and M-2 Districts. The size and height are not to exceed regulations obtained from the Inspection Division.
c.
Panels may not be placed so as to reflect glare into any neighboring
property or the street.
(2)
Wind turbine. A wind turbine or wind energy conversion system means
any device which converts wind energy to mechanical or electrical
energy.
a.
Wind turbine towers are allowed in any zoning district, provided
the property size is a minimum of two or more acres of land. A site
plan indicating the location of the turbine and any ancillary equipment
shall be located on the drawing.
b.
The setback of the tower must be equal to the height of the tower
(the distance from the base of the tower to the top of the unit) plus
1/2 the rotor (blade) diameter or within an engineered fall zone.
c.
Maximum height of the wind turbine tower shall be that of the zoning
district in which it is located and shall comply with all Federal
Aviation Administration and Michigan Airport Zoning Act (PA 23 of
1950, MCL 259.431 et seq.) requirements. Wind turbine towers of up
to a maximum height of 90 feet shall be allowed in open areas in excess
of two acres and with engineered, professionally sealed construction
plans and proper permits from the Building Official.
d.
The minimum distance between the ground and the blades shall be 20
feet as measured at the lowest point of the arc of the blades.
e.
Wind turbines shall have an automatic braking, governing, or a feathering
system to prevent uncontrolled rotation or over speeding. The maximum
wind speed the wind turbine can operate without incurring structural
damage or functioning abnormally shall be at least 80 mph.
f.
All wind towers shall have lightning protection.
[6-26-2017 by Ord. No.
17-005]
g.
If a tower is supported by guy wires, the wires shall be clearly
visible to a height of at least six feet above the guy wire anchors.
h.
The tower, and any auxiliary mechanical equipment, shall be enclosed
with a six-foot fence unless the base of the tower is not climbable
for a distance of 12 feet.
i.
Wind turbines may have a vertical or horizontal rotor.
j.
Roof-mount wind turbines are allowed in all zoned districts and must
be installed according to industry standards with engineered, professionally
sealed construction plans and applicable building codes. Roof-mount
turbines may be affixed to the roof of either a primary structure
or an accessory structure and placed so as not to be easily visible
from the front public view. Roof-mount turbines may not exceed a height
of four feet above the rooftop.
(3)
Outdoor burning devices. A burning device is any apparatus or appliance,
other than a barbecue grill, that burns a material such as wood, corn,
pellets, waste materials, compost, vegetable oils, automotive waste
oil/fuel, water, or similar material for the purpose of creating energy
and is not located within the walls of the main dwelling or main structure.
Outdoor burning devices for the purpose of alternative fuel to heat
industrial, commercial, or residential structures is not allowed.
(4)
General requirements for any alternative energy device and ancillary
equipment:
a.
Any alternative energy device, or ancillary equipment, must be installed
in compliance with all local building, electrical, heating and plumbing,
fire, and zoning codes. A building permit and appropriate electrical,
HVAC, or plumbing permits must be obtained. Any structural designs
must be signed and sealed by a professional, certified engineer. When
placing equipment on the roof of a structure, a load design must be
approved.
b.
No noise shall be created by any device or ancillary equipment that
can be measured at the property line to exceed 63 decibels.
c.
The placement of any device shall not interfere with the reception,
transmission, or broadcast of radio, television, microwave, wireless
or other personal communication systems.
d.
The location of any alternative energy device shall not create any
immediate or future danger for any adjacent properties or persons.
e.
All equipment must be certified and tested by the Underwriters' Laboratories,
Inc., or other such applicable independent accrediting agency.
f.
If there is a proposed interface with a utility company's existing
grid, if applicable, there shall be a notification in writing given
to that utility company affected prior to the installation of such
interface. A copy of such notification shall be given to the City
and kept on file with all permits.
g.
All alternative energy apparatus shall be kept in good repair and
sound condition. Any equipment which has been abandoned or not utilized
for a period of one year shall be dismantled and removed from the
property within 60 days of written notice from the City to remove.
[9-28-2020 by Ord. No.
20-003; 10-26-2020 by Ord. No. 20-007]
A category of uses permitting marihuana establishments and marihuana
facilities licensed pursuant to MMFLA, MRTMA and if permitted pursuant
to the City Code of Ordinances.
(1)
General provisions. Nothing herein shall be construed to grant authorization
to operate a marihuana business without receipt of a license from
the State of Michigan and a final permit or certificate as required
by the City of Port Huron Code of Ordinances. Further, nothing herein
shall be construed as to allow any time of marihuana business which
is not specifically allowed pursuant to the City of Port Huron Code
of Ordinances. The following apply to all marihuana businesses unless
otherwise noted.
a.
General requirements.
1.
All location criteria and required separation distances apply
to both new marihuana businesses and to any proposed change in the
location of an existing marihuana business.
2.
All location criteria and required separation distances apply
to both marihuana businesses and similar protected uses located in
adjacent governmental jurisdictions.
3.
A marihuana business is prohibited from operating in any residential
zoning district or within a residential unit.
4.
A marihuana business may not be operated at any place in the
City other than the address provided in the application on file with
the City Clerk.
5.
A marihuana business must be operated in compliance with all
applicable state and City regulations for that type of marihuana business.
6.
All marihuana businesses must operate in such a manner that
odors or fumes generated by the marihuana business are filtered such
that they are not discernible outside of the licensed premises.
b.
Location criteria. All marihuana businesses must meet the following
location criteria, except marihuana safety-compliance facilities or
establishments:
1.
Required distance.
i.
A marihuana business may not operate or be located within 1,000
feet of a preexisting private or public school providing education
in kindergarten or any grades one through 12; provided, facilities
that provide primarily virtual education or education not at the site
shall not be included in calculating this distance.
ii.
A marihuana business may not operate or be located within 500
feet of a preexisting state-licensed child-care center, public playground,
public park, public beach, public pool, or youth center; provided,
public parks without children's playground equipment or public parks
not designed primarily for use by children shall not be included in
calculating this distance.
iii.
Measuring the required distance. The required distances provided
for herein are measured in a straight line from the nearest property
line of a protected use to the nearest portion of the building or
unit in which the marihuana business is located and includes distances
that lie outside of the City of Port Huron.
c.
Shared location. Subject to all other applicable rules and regulations,
marihuana businesses may operate from a location shared with an equivalent
licensed marihuana business.
(2)
Marihuana processor establishments and facilities. Marihuana processors
are licensed to obtain marihuana from marihuana establishments/facilities;
process and package marihuana; and sell or otherwise transfer marihuana
to marihuana establishments/facilities. All processing operations
must be conducted within an enclosed building. Processor establishments
and facilities, whether licensed pursuant to MMFLA or MRTMA, are permitted
as a special use only in the M-1 or M-2 zoning districts and are not
a permitted or special use in any other district.
(3)
Safety-compliance establishments and facilities. Safety compliance
establishments and facilities are licensed to test marihuana, including
certification for potency and the presence of contaminants. Safety-compliance
establishments and facilities, whether licensed pursuant to MMFLA
or MRTMA, are permitted as a special use only in the M-1, M-2, C-1
and CBD zoning districts and are not a permitted or special use in
any other district.
(4)
Secure transporter establishments and facilities. Secure transporter
establishments and facilities are licensed to obtain marihuana from
marihuana establishments/facilities in order to transport marihuana
to marihuana establishments/facilities. Secure transporter establishments
and facilities are permitted as a special use only in the M-1, M-2
and C-1 zoning districts and, whether licensed pursuant to MMFLA or
MRTMA, are not a permitted or special use in any other district.
(5)
Microbusiness establishment. A microbusiness establishment is authorized
to cultivate not more than 150 marihuana plants, process and package
marihuana, and sell or transfer marihuana to individuals 21 years
of age and older and to a safety-compliance facility, but not to other
marihuana establishments. Microbusiness establishments are permitted
as a special use only in M-1 or M-2 zoning districts and are not a
permitted or special use in any other district.
(6)
Retailer establishment and provisioning centers. Retailer establishments
and provisioning centers are licensed to obtain marihuana from marihuana
establishments or facilities and to sell or otherwise transfer marihuana
to marihuana establishments or facilities and to individuals who are
21 years of age or older. Retailer establishments and provisioning
centers, whether licensed pursuant to MMFLA or MRTMA, are subject
to the following and are not otherwise a permitted or special use:
a.
Retailer establishments and provisioning centers are permitted as
a special use only as follows and not any other location:
1.
In properties zoned C-1, which are located in the City south
of the Black River, a total of three retailer establishments or provisioning
centers are permitted as a special use. For purposes of this section,
a retailer establishment and provisioning center which are separately
licensed but co-located and operating out of the same location are
counted as one when calculating the permissible amount.
[2-22-2021 by Ord. No. 21-002]
2.
In properties zoned C-1, which are located in the City north
of the Black River, a total of two retailer establishments or provisioning
centers are permitted as a special use. For purposes of this section,
a retailer establishment and provisioning center which are separately
licensed but co-located and operating out of the same location are
counted as one when calculating the permissible amount.
3.
In properties zoned as Central Business District, a total of
two retailer establishments or provisioning centers are permitted
as a special use. For purposes of this section, a retailer establishment
and provisioning center which are separately licensed but co-located
and operating out of the same location are counted as one when calculating
the permissible amount.
b.
All retailer establishment and provisioning center activities must
be conducted within an enclosed building.
c.
Retailer establishments and provisioning centers are not permitted
on the same property or parcel or within the same building where any
of the following are located:
d.
The licensed premises for a retailer establishment shall not exceed
5,000 square feet of retail usable floor space used or capable of
being used to display merchandise and/or for a customer service area.
e.
The licensed premises for a provisioning center shall not exceed
5,000 square feet of retail usable floor space used or capable of
being used to display merchandise and/or for a customer service area.
f.
The licensed premises for a retailer establishment and provisioning
center which are co-located at the same location shall not exceed
a total of 5,000 square feet of retail usable floor space used or
capable of being used to display merchandise and/or for a customer
service area.
(7)
Grower establishments. Grower establishments are licensed to cultivate
marihuana and sell or otherwise transfer marihuana to marihuana establishments
or facilities. The three grower license types are Class A (authorized
to grow up to 100 plants); Class B (authorized to grow up to 500 plants);
and Class C (authorized to grow up to 2,000 plants). An excess grower
holds five (5) Class C adult-use marihuana grower and at least two
Class C medical marihuana grower licenses.
a.
Class A grower establishments are permitted as a special use only
in the M1 and M2 zones.
b.
Class B and C grower establishments are permitted as a special use
only in the M2 zone.
c.
Excess grower establishments are permitted as a special use only
in the M2 zone.
d.
All grower operations of grower establishments must take place within
an enclosed building.
(8)
Grower facilities. Grower facilities are licensed to cultivate, dry,
trim or cure and package marihuana for sale to a processor or provisioning
center. The three (3) grower license types are Class A (authorized
to grow up to 500 plants); Class B (authorized to grow up to 1,000
plants); and Class C (authorized to grow up to 1,500 plants).
(9)
Designated consumption establishment. A designated consumption establishment
is a space that is licensed for the consumption of marihuana products
by persons 21 and older. Designated consumption establishments are
permitted as a special use only in the C1 zone.
(10)
Co-located
marihuana facilities and/or establishments. Notwithstanding anything
to the contrary in this section, marihuana processor establishments
and/or facilities, marihuana grower establishments and/or facilities,
marihuana retailers, marihuana provisioning centers, and/or designated
consumption establishments are permitted as a special use in the M1
and/or M2 zoning districts if such facilities and/or establishments
are co-located operating at the same address or parcel as another
marihuana business within the M1 or M2 district; provided, a marihuana
retailer may not be located at the same address as another marihuana
retailer and a marihuana provisioning center may not be located at
the same address as another marihuana provisioning center.
[2-22-2021 by Ord. No. 21-002]
[9-28-2020 by Ord. No.
20-003; 10-26-2020 by Ord. No. 20-007]
All former ordinances or parts of ordinances conflicting or
inconsistent with the provisions of this ordinance[1] are repealed.
[9-28-2020 by Ord. No.
20-003; 10-26-2020 by Ord. No. 20-007]
If any section, subsection, sentence, clause, phrase or portion
of this ordinance[1] if for any reason held invalid or unconstitutional by
any court or competent jurisdiction, said portion shall be deemed
a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions of this ordinance.
[9-28-2020 by Ord. No.
20-003; 10-26-2020 by Ord. No. 20-007]
Pursuant to Michigan law, this ordinance[1] shall be effective seven days after publication.
