[Amended 6-6-1994 by Ord. No. 94-06]
Whenever any provision 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, then the provisions of this chapter shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this chapter, then the provisions of such law or ordinance shall govern.
[Amended 6-6-1994 by Ord. No. 94-06; 11-19-2007 by Ord. No. 07-03]
(a) 
Scope. No building or structure, or part thereof, shall hereafter be erected, constructed, used, reconstructed, altered or maintained, and no lot or land, or part thereof, shall hereafter be used or maintained and no new use made of any building, structure or land, or part thereof, except in conformity with the provisions of this chapter.
(b) 
Unlawful building. In case any building, or part thereof, is used, erected, occupied or altered contrary to law or the provisions of this chapter, such building shall be deemed an unlawful structure and a nuisance and may be required to be vacated, torn down or abated by any legal means, and shall not be used or occupied until it has been made to conform to the provisions of this chapter. Public expenditures toward abating such nuisance shall become a lien upon the land.
(c) 
Temporary buildings. No temporary building shall be erected unless a valid building permit exists for a permanent building or a new use of land on the same site. Any temporary building shall be removed from the site within 30 days of issuance of a certificate of occupancy. The approval of a temporary building may not exceed one year; however, the Zoning Board of Appeals may grant multiple extensions of up to three months each for good cause shown, when the approval is due to expire.
(d) 
Building occupancy. No basement shall be used or occupied as a dwelling unit at any time, nor shall a dwelling be erected in a nonresidential district, except for the living quarters of a watchman, caretaker or resident manager.
(e) 
Frontage on public street. No building shall be erected on a R-A or R-O zoned lot unless the lot fronts no less than 80% of its full width, upon a street or road that has been dedicated to the public.
(f) 
Number of buildings on lot. In all districts, only one principal building shall be placed on a single lot of record, except more than one principal structure may be allowed within the RM, C-1, C-2, C-3, R-C, and I District, provided that adequate interior vehicular circulation to ensure public safety, and that appropriate access can be assured in a site plan submitted to and approved by the Planning Commission.
[Amended 6-6-1994 by Ord. No. 94-06]
(a) 
Building appearance in residential zones. In residential zones, after 25% of the lots and frontage on the side of the street on any block where the proposed improvement is contemplated have been improved by the erection on the residences thereon, if 1/2 or more of the residences built in any such block are of a certain type and style, the remainder of the residences built in any such block and to be constructed, altered, relocated or repaired in such block shall be of a substantially similar type and style so that new or altered buildings will be in harmony with the character of the neighborhood. Nothing in this subsection shall prevent the upgrading of any residential block by installing an exterior finish having fire or weather resistance which is greater than the minimum required in this chapter, or by constructing in such block a residence having a floor area greater than the average area of residences in such block; provided, however, that such type and style shall be such as not to impair or destroy property values in the block.
(b) 
Building appearance in nonresidential zones. In any case where a building or accessory building in a nonresidential district is erected or placed within 200 feet of the front lot line of any parcel of land fronting upon any public street, the front walls of the building or accessory building within the distance of 200 feet shall be constructed of stone, face brick or other ornamental materials approved by the Planning Commission consistent with neighboring property, and no building so situated shall be constructed of tarred paper, tin, corrugated iron, or any form of pressed board or felt or similar material within the limits specified in this subsection, nor shall any occupant of such premises be permitted to place open stock, scrap or junk piles within the 200 feet unless such materials shall be obscured from view from the street by the existence of a building, solid wall, earth berm or evergreen screen sufficient to properly obscure the materials from view from the street.
(c) 
Building completion period. All structures shall be completed within one year of the date of issuance of the building permit for such structure, unless an extension for not more than one additional year is granted for good cause by the building inspector. When a part of the building is ready for occupancy, a temporary occupancy permit may be issued, provided that the premises comply with health and fire standards required under this chapter or any other ordinance, regulation or statute.
(d) 
Personal construction authority. Nothing in this chapter shall be construed as prohibiting an owner, tenant, occupant or land contract vendee from doing his own building, altering, plumbing, electrical installations, etc., provided the minimum requirements of the electrical and plumbing codes of the state and the applicable county health department regulations are complied with.
[Amended 6-6-1994 by Ord. No. 94-06]
(a) 
Intent.
(1) 
It is the intent of this chapter to permit existing legal nonconforming lots, structures or uses to continue until they are removed, but not to encourage their survival.
(2) 
It is recognized that there exist, within the districts established by this chapter and subsequent amendments, lots, structures, and uses of land and structures which were lawful before June 10, 1994, which would be prohibited, regulated or restricted under the terms of this chapter or future amendments.
(3) 
Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(4) 
A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after the date of passage of the ordinance from which this chapter is derived by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.
(5) 
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of the ordinance from which this chapter is derived or the effective date of an amendment to this chapter, and upon which actual building construction has been diligently carried on. For purposes of this subsection, actual construction is defined to include the placing of construction materials in a permanent position and fastened in a permanent manner; except that, where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.
(b) 
Nonconforming lots. In any single-family district, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record which is under separate and distinct ownership from adjacent lots at the effective date of the ordinance from which this chapter is derived or the effective date of an amendment to this chapter. This subsection shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the Board of Appeals.
(c) 
Nonconforming uses of land. Where, at the effective date of the ordinance from which this chapter is derived or the effective date of an amendment to this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
(1) 
No such nonconforming use shall be enlarged or increased, or extended to occupy a greater area of land than was occupied at the effective date of the ordinance from which this chapter is derived or the effective date of an amendment to this chapter.
(2) 
No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of the ordinance from which this chapter is derived or the effective date of an amendment to this chapter.
(3) 
If such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this chapter for this district in which such land is located.
(d) 
Nonconforming structures. Where a lawful structure exists at the effective date of the ordinance from which this chapter is derived or the effective date of an amendment to this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) 
No such structure may be enlarged or altered in a way which increases its nonconformity. For example, existing residences on lots of a width less than required in this chapter may add a rear porch provided that other requirements relative to yard space and land coverage are met.
(2) 
Should such structure be destroyed by any means to an extent of more than 50% of its replacement cost, exclusive of the foundation, at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
(3) 
Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for this district in which it is located after it is removed.
(e) 
Nonconforming uses of structures and land. If a lawful use of a structure, or of a structure and land in combination, exists at the effective date of the ordinance from which this chapter is derived or the effective date of an amendment to this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) 
No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(2) 
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the effective date of the ordinance from which this chapter is derived or the effective date of an amendment to this chapter, but no such use shall be extended to occupy any land outside such building.
(3) 
If no structural alterations are made, any nonconforming use of a structure, or structure and land in combination, may be changed to another nonconforming use of the same or a more restricted classification; provided that the Zoning Board of Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Appeals may require conditions and safeguards in accord with the purpose and intent of this chapter. Where a nonconforming use of a structure, land, or structure and land in combination is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use.
(4) 
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
(5) 
When a nonconforming use of structure, or structure and premises in combination, is discontinued or ceases to exist for one year during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses (one season out of each year) shall be excepted from this subsection.
(6) 
Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(f) 
Repairs and maintenance.
(1) 
On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 50% of the assessed value of the building, provided that the cubic content of the building as it existed at the effective date of the ordinance from which this chapter is derived or the effective date of an amendment to this chapter shall not be increased.
(2) 
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(g) 
Conditional uses. Any conditional use as provided for in this chapter shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in such district.
(h) 
Change of tenancy or ownership. There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures and premises, provided there is no change in the nature or character of such nonconforming uses.
(i) 
Acquisition by City. The City Council may acquire, by purchase, condemnation or otherwise, private property or an interest in private property for the removal of nonconforming uses. The cost and expense, or a portion thereof, of acquiring the private property may be paid from general funds or assessed to a special district in accordance with the applicable statutory provisions relating to the creation and operation of special assessment districts for public improvements in cities. The elimination of the nonconforming uses and structures in a zoning district is declared to be for a public purpose and for a public use. The City Council may institute and prosecute proceedings for condemnation of nonconforming uses and structures under the power of eminent domain in accordance with Act No. 149 of the Public Acts of Michigan of 1911 (MCL 213.21 et seq., MSA 8.11 et seq.), as amended, or other applicable statute.
[Amended 6-6-1994 by Ord. No. 94-06; 10-7-2019 by Ord. No. 19-04]
(a) 
Intent.
(1) 
Typically, various land use activities are provided for in one or more zoning districts. The criteria for such allocations are based upon similarities in the nature of uses and their relationship to other such uses and adjoining development. Zoning districts are also established to coordinate with and provide for the effectuation of the City's long range development plan.
(2) 
The City does, however, possess various existing specialized structures which have become functionally obsolete for their original purpose, or are nonconforming, and whose redevelopment or conversion in conformance with the City comprehensive development plan would be unnecessarily burdensome. It is, therefore, the intent of this section to set forth the basic qualifying criteria, project classification, development standards and submittal requirements necessary to provide for the adaptive reuse of eligible properties within the City to support the local economic and employment base without adversely affecting the public health, safety and welfare of the City as a whole.
(b) 
Qualifying criteria.
(1) 
The City Council shall approve the adaptive reuse of buildings and uses. In qualifying a site for adaptive reuse, the City Council shall find the following conditions to exist:
a. 
The subject site is zoned in compliance with the City's comprehensive development plan;
b. 
The use can no longer be reasonably continued for its existing purpose by reason of market conditions or operational constraints (i.e., limited site size, floor area deficiencies, parking or loading area, etc.);
c. 
Site redevelopment in accordance with local development codes would be unnecessarily burdensome by reason of ordinance compliance (restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot) or cost; and
d. 
The subject site has frontage on, or direct access to, an improved major or secondary thoroughfare.
(2) 
The City Council may not grant adaptive reuse status to any property whose principal structures are found to be destroyed by any means to the extent of more than 50% of the replacement cost. Any subsequent use of such land shall conform to the regulations of the zoning district in which it is located.
(c) 
Application; data required.
(1) 
Application for an adaptive reuse project as provided under the provisions of this chapter shall be made to the City Clerk by filing an application form, submitting required data, exhibits and information, and depositing the required fee as established by resolution of the City Council, as amended from time to time. No portion of such fee shall be reimbursable to the applicant.
(2) 
An application shall contain the following:
a. 
The applicant's name, address and telephone number.
b. 
Address and tax description number of the subject parcel.
c. 
A signed statement that the applicant is the owner of the subject parcel, or is acting as the owner's representative.
d. 
A certified survey drawing of the subject parcel.
e. 
Supporting statements, evidence, data, information and exhibits which address those qualifying criteria for assessing special condition use permit applications outlined in Subsection (b) of this section.
(d) 
Public hearing. Upon receipt of an application for an adaptive reuse project, the Planning Commission shall hold a public hearing, one notice of which shall be published not less than five and not more than 15 days prior to the public hearing date in a newspaper of general circulation in the City and sent by first class mail to the owners of the property for which an adaptive reuse project is being considered, to the owners of record of all real property and to the occupants of all structures located within 300 feet of the boundaries of the property in question. The notice shall:
(1) 
Describe the nature of the adaptive reuse request.
(2) 
Adequately describe the property in question.
(3) 
State the date, time and place of the public hearing.
(4) 
Indicate when and where written comments concerning the request will be received.
(e) 
Approval; project classification.
(1) 
Upon holding a public hearing, the Planning Commission shall determine whether the qualifying criteria have been met as set forth in Subsection (b) of this section. The Planning Commission shall, within 30 days of making such determination, forward to the City Council its finding and recommendation.
(2) 
The City Council, upon receipt of the finding, may table action for purposes of further study or gaining additional information, deny the application for adaptive reuse upon finding that the criteria have not been met, or approve the application for adaptive reuse upon finding that the qualifying criteria have been met.
(f) 
Development standards.
(1) 
In areas meeting the criteria set out in this section, development standards may be modified by the Planning Commission upon finding adequate evidence that the proposed use:
a. 
Will be compatibly designed, constructed and maintained with the existing and intended character of the vicinity;
b. 
Will not be hazardous or disturbing to existing or future neighboring uses;
c. 
Will be served adequately by essential public services and facilities, or the agencies responsible for the establishment of the proposed use will be able to adequately provide for such services; and
d. 
Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive smoke, fumes, glare, noise, vibration or odor.
(2) 
The Planning Commission may require such additional safeguards as deemed necessary for the protection of the general welfare and for ensuring individual property rights and for ensuring that the intent and objectives of this chapter will be observed.
(g) 
Site plan approval.
(1) 
Site plan approval shall be required in accordance with § 86-391 and all applicable ordinances.
(2) 
The Planning Commission may, at its discretion, concurrently review the site plan at the time of its review of qualifying criteria.
[Amended 6-6-1994 by Ord. No. 94-06; 9-15-2008 by Ord. No. 08-05; 7-20-2015 by Ord. No. 2015-04]
(a) 
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ACCESSORY BUILDING
(1) 
A building that:
a. 
Has a roof that is supported by columns and walls;
b. 
Is intended for the shelter or enclosure of persons, animals, goods or chattel; and
c. 
Is further intended to be used in a manner that is clearly incidental to, customarily found in connection with, subordinate to, and located on the same lot as the principal use to which it is exclusively related.
(2) 
Examples of accessory buildings include garages, carports, storage sheds, gazebos, and greenhouses. Portable structures made of fabric/vinyl with metal supports may be included within this definition provided they meet all the requirements of this section.
(b) 
Accessory buildings, except as otherwise permitted in this chapter, shall be subject to the following regulations:
(1) 
Where the accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all regulations of this chapter applicable to the main building.
(2) 
Location of accessory buildings. Accessory buildings shall not be erected in any front yard [except as provided under Subsection (b)(6) of this section] and may be erected within a side yard or rear yard upon meeting all the required provisions of this chapter.
(3) 
Accessory building regulations. R-A (Single-Family) and R-O (Residential Office) zoned property.
a. 
Rear yard accessory buildings. An accessory building or portion thereof may occupy a portion of the required rear yard setback; however, the total area occupied in such required rear yard setback shall not exceed 25% of the required rear yard setback. At no time may the combined square footage of all accessory buildings within the rear yard exceed 25% of the total rear yard. A maximum of three accessory buildings are allowed in the rear yard. Accessory buildings located within a rear yard shall not be located closer than three feet to any side or rear lot line. No rear yard accessory building shall exceed 23 feet in height as measured from grade level to the middle of the roof trusses. No one accessory building in the rear yard shall exceed 2,500 square feet on the main floor.
(4) 
Detached accessory buildings. No detached accessory building shall be located closer than 10 feet to any other building.
(5) 
Detached accessory buildings in nonresidential and RM (multifamily) districts. Detached accessory buildings in all nonresidential and multifamily districts may be constructed to equal the permitted maximum building height in such districts, subject to the Planning Commission review and approval.
(6) 
Corner lot accessory buildings. When property is located on a corner lot in a residentially zoned district, which by definition would contain two front lots, an accessory building may occupy the front yard that does not contain the front of the house; however, such accessory building must maintain a minimal setback of 25 feet from the edge of the road right-of-way.
(7) 
All portable fabric/vinyl-type covered structures must be maintained in good condition at all times. There shall be no rips or tears in the covering nor support members that have become ineffective, bent, twisted, or rusted or nonsupportive. The covering must cover the top and all sides and be manufactured as part of the original structure or a replacement to the original structure. No makeshift coverings are allowed unless they meet appearance standards similar to the original manufacture of the structure and have approval from the building official or his or her designee. Said structure(s) must be firmly secured to the ground as to withstand wind speeds of at least 50 miles per hour and must adhere to all the other provisions listed within this section.
Portable structures not meeting the above requirements are not allowed unless covered under § 86-360.
[Amended 6-6-1994 by Ord. No. 94-06; 9-8-2009 by Ord. No. 09-03; Ord. No. 21-03, 5-17-2021]
There shall be provided in all districts motor vehicle off-street parking space with adequate access to all spaces and subject to any and all provisions of this chapter and any other requirements within the City Code book.
(1) 
Definitions. All front, rear, or side yards described within this chapter are defined under "Yards", § 86-2.
(2) 
Location. Off-street parking spaces may be located within a rear yard or within a required or nonrequired side yard, subject to any other provisions with this chapter. Off-street parking shall be permitted within a front yard under the provisions provided for under Subsection (2A) and any other provisions of this chapter.
(2A) 
Off-street parking standards for R-A (Single-Family), and R-O (Residential Office) Districts.
a. 
Vehicle parking in the front, rear, or side yard shall only be on a hard surface driveway or on improved and designated parking areas so described under Subsection (2A)b, below, except as otherwise provided under the Subsections (2A)c and h listed below.
b. 
Such a hard surface or improved area shall include bituminous, concrete, brick, gravel or crushed rock or another hard surface approved by City code officials, City Manager or his/her designated officer.
c. 
The City prohibits motor vehicle parking or storage of motor vehicles in the front yard on grass, unimproved areas, or areas without a hard surface unless directly in line and within the confines of a curb cut, and under the understanding that such area must not sustain any noticeable damage to the existing surface such as trenches and ruts as a result of such parking, otherwise, hard surface requirements under Subsection (2A)b must be adhered to.
d. 
No owner or operator shall park a motor vehicle that would block a sidewalk.
e. 
All motor vehicles parked within a front yard shall not be abandoned, shall have a current license and registration, and shall be in operable condition.
f. 
The total area in the front yard improved for parking and driveway purposes shall not exceed 40% of the total front yard.
g. 
The Planning Commission may approve an increase in front yard driveway coverage within the above defined zoning districts where such approval would meet the standards required by code for unique circumstance and where the above ordinance standards do not fit, or where such standards would create an undue hardship for the property owner. In such circumstances, the Planning Commission may require screening next to around the parking area or driveway. A privacy fence or additional landscaping may be used to meet the screening requirements subject to any other fencing or landscaping requirements with the City of Corunna Code Book.
h. 
A waiver from Subsection (2A)a above may be granted for special events or occasions that are intended for short-term use only such as birthday parties, family reunions, etc. upon approval by either a building official, City police officer, City Manager or his/her designee. Such waiver shall be subject to any application or permit process in place along with any stipulations placed upon such waiver by the above named officials.
(3) 
Off-street parking shall be on the same lot as the building it is intended to serve, except as may be otherwise provided for this chapter.
(4) 
Residential off-street parking spaces. Required residential off-street parking spaces shall consist of a parking strip, parking bay, driveways or garage, or combination thereof, and shall be located on the premises they are intended to serve, and also subject to the provisions of § 86-336 pertaining to accessory buildings and structures, for garages.
(5) 
Minimum requirements. Minimum required off-street parking spaces shall not be replaced by any other use unless and until equal parking facilities are provided elsewhere.
(6) 
Reduction of existing off-street parking. Off-street parking existing on June 10, 1994, in connection with the operation of an existing building or use shall not be reduced to an amount less than required in this section for a similar new building or new use.
(7) 
Collective off-street parking. Two or more buildings or uses may collectively provide the required off-street parking, in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately.
(8) 
Granting of exceptions. In the instance of dual function of off-street parking spaces where operating hours of buildings do not overlap, the Planning Commission may grant an exception.
(9) 
Storage, repair of vehicles, etc. The storage of merchandise, motor vehicles for sale or trucks, or the repair of vehicles is prohibited, except as otherwise provided within this chapter or other sections of the Code book, such as Chapter 34, Article V, Garage Sales, whereby such vehicles shall not be subject to licensing requirements.
(10) 
Miscellaneous. For those uses not specifically mentioned, the requirements for off-street parking facilities shall be in accordance with a use which the Planning Commission considers similar in type.
(11) 
Fractional spaces. When units or measurements determining the number of required parking spaces result in the requirement of a fractional space, any fraction up to and including 1/2 shall be disregarded and fractions over 1/2 shall require one parking space.
(12) 
Computing number of required spaces. For the purpose of computing the number of parking spaces required, the definition of usable floor area shall govern and be defined as that area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, for hallways, or for utilities or sanitary facilities shall be excluded from this computation. Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.
(13) 
Minimum number of spaces. The minimum number of off-street parking spaces by type of use shall be determined in accordance with the following schedule:
Use
Minimum Number of Parking Spaces per Unit of Measure
a.
Residential uses:
1.
Single- or two-family units
2 per dwelling unit.
2.
Multiple-family dwellings
2 per dwelling unit, plus 0.25 per unit for visitor parking.
3.
Housing for the elderly
1 per efficiency dwelling unit (no separate bedroom), 1.25 per each one-bedroom unit, and 1.5 per each two- or more bedroom unit.
4.
Mobile home parks
2 for each mobile home site and 1 for each employee of the mobile home park.
b.
Institutional uses:
1.
Churches or temples
1 for each 3 seats or 6 feet of pews in the main unit of worship.
2.
Hospitals
1 for each 1 bed.
3.
Convalescent or nursing homes
1 for each 4 beds.
4.
Elementary and junior high schools
1 for each teacher, employee or administrator, in addition to the requirements for the auditorium.
5.
Senior high schools
1 for each 1 teacher, employee or administrator and 1 for each 10 students, in addition to the requirements for the auditorium.
6.
Private clubs or lodge halls
1 for each 3 persons allowed within the maximum occupancy load as established by local, county or state fire, building or health codes.
7.
Private golf clubs, swimming pool clubs, tennis clubs or other similar uses
1 for each 2 member families or individuals and 1 for each employee, in addition to the requirements for each accessory use such as a restaurant or bar.
8.
Golf courses open to general public, except miniature or par-3 courses
6 for each 1 golf hole and 1 for each employee, in addition to the requirements for each accessory use, such as a restaurant or bar.
9.
Fraternities and sororities
1 for each 5 permitted active members or 1 for each 2 beds, whichever is greater.
10.
Stadiums, sports arenas and similar places of outdoor assembly
1 for each 3 seats or 6 feet of benches.
11.
Theaters and auditoriums
1 for each 3 seats, plus 1 for each 2 employees.
12.
Nursery schools, day nurseries and child care centers
1 for each employee and 1 for each 7 students in attendance at any particular time.
13.
Libraries
1 for each 2.5 persons allowed within the maximum occupancy load as established by local, county or state fire, building or health codes, and 1 for each employee in the largest working shift.
c.
Business and commercial uses:
1.
Planned commercial or shopping centers
4 per 1,000 square feet of gross floor area for planned commercial or shopping centers having between 10,000 and 50,000 square feet of gross floor area. Planned commercial or shopping centers containing more than 50,000 square feet of gross floor area shall provide 5 spaces per 1,000 square feet of gross floor area. When a restaurant, lounge or other establishment whose primary business offers prepared food for sale or consumption on the premises, or carryout, is part of a planned commercial or shopping center, the parking for such use shall be computed separately, based on the need for a freestanding use of this nature, and the resulting increase shall be added to the other uses in the center.
2.
Auto washes (automatic)
1 for each 1 employee. In addition, reservoir parking spaces equal in number to 5 times the maximum capacity of the auto wash shall be provided. For purposes of this subsection, maximum capacity of the auto wash shall mean the greatest number of automobiles possible undergoing some phase of washing at the same time, which shall be determined by dividing the length in feet of each wash line by 20.
3.
Auto washes (self-service or coin-operated)
5 reservoir parking spaces for each washing stall.
4.
Beauty parlors and barbershops
3 for each of the first 2 beauty or barber chairs, and 1 1/2 for each additional chair.
5.
Bowling alleys
5 for each 1 bowling lane, in addition to the requirements for each accessory use, such as a restaurant or bar.
6.
Dancehalls, roller skating rinks, exhibition halls and assembly halls without fixed seats
1 for each 2 persons allowed within the maximum occupancy load as established by local, county or state fire, building or health codes.
7.
Standard restaurants
1 for each 3 persons allowed within the maximum occupancy load as established by local, county or state fire, building or health codes, plus 1 for each 2 employees.
8.
Department store
1 for each 800 square feet of usable floor area. For that floor area used in processing, 1 additional space may be required by the Planning Commission for each 2 persons employed therein.
9.
Gasoline service stations
2 for each lubrication stall, rack or pit, 1 for each gasoline pump, and 1 for each 150 square feet of usable floorspace devoted to retail sales.
10.
Laundromats and coin-operated dry cleaners
1 for each 2 washing and dry cleaning machines.
11.
Miniature or par-3 golf courses
3 for each 1 hole, plus 1 for each 1 employee.
12.
Mortuary establishments
1 for each 50 square feet of usable floorspace.
13.
Motels, hotels and other commercial lodging establishments
1 for each 1 occupancy unit, plus 1 for each employee.
14.
Motor vehicle sales and service establishments
1 for each 200 square feet of usable floorspace of sales room, and 1 for each 1 auto service stall in the service room.
15.
Retail stores (except as otherwise specified in this section)
1 for each 150 square feet of usable floorspace.
16.
Establishments offering carryout service, being establishments primarily serving customers over a counter or through a window, i.e., food carryout, dry cleaner pickup, meat markets, bakeries, shoe repair, etc.
1 for each employee in the largest working shift, and 1 for each 30 square feet of usable floor area devoted to customer assembly or waiting area. Parking needs for areas devoted to the consumption of food on the premises shall be computed separately for such seating areas.
17.
Pool or billiard parlors, card rooms, arcades or other similar establishments
1 for each 3 persons allowed within the maximum occupancy load as established by local, county or state fire, building or health codes.
18.
Drive-in or drive-through restaurants
1 for each employee in the largest working shift, 1 for each 2 seats provided, and 1 for each 30 square feet of usable floor area devoted to customer waiting area.
19.
Miniwarehouse facilities
1 for each 2,000 square feet of gross building area. At a minimum, 2 parking spaces must be assigned to, and located conveniently to, each individual storage building. In addition, 2 spaces for the resident manager, and 1 additional space for each additional employee, shall be provided adjacent to the rental office.
20.
Marihuana facilities:
Medical marihuana grow facility or marihuana grower
1 space per employee in the largest working shift, plus 2 additional spaces.
Marihuana processor/processing facility/establishment
5 plus 1 space for every 1 1/2 employees in the largest working shift.
Medical marihuana provisioning center or marihuana retailer
1 space per 275 square feet of gross floor area, including outdoor sales space.
Marihuana safety compliance facility/establishment
5 plus 1 space for every 1 1/2 employees in the largest working shift.
Marihuana secure transporter facility/establishment
5 plus 1 space for every 1 employee in the largest working shift, or 5 spaces plus 1 for each 1,700 square feet of UFA, whichever is the greater.
d.
Offices:
1.
Banks
1 for each 100 square feet of usable floorspace.
2.
Business offices or professional offices (except as indicated in Subsection d.3 following)
1 for each 200 square feet of usable floorspace.
3.
Professional offices of doctors, dentists or similar professionals
1 for each 50 square feet of usable floor area in waiting rooms, and 1 for each examining room, dental chair or similar use area.
e.
Industrial uses:
1.
Industrial or research establishments, and related accessory offices
3 plus 1 for every 1 employee in the largest working shift, or 3 plus 1 for every 550 square feet of usable floor area, whichever is greater.
2.
Warehouses and wholesale establishments and related accessory offices
3 plus 1 for every 1 employee in the largest working shift, or 3 plus 1 for every 1,700 square feet of usable floorspace, whichever is greater. Space on-site shall also be provided for all construction workers during periods of plant construction.
(14) 
Each parking lot that services a building entrance, except single- or two-family residential or temporary structures, shall have a number of level parking spaces for the physically handicapped as set forth in the following table, and identified by above-grade signs as reserved for physically handicapped persons.
Total Spaces in Parking Lot
Required Number of Accessible Spaces
Up to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
8
301 to 400
12
Over 400
12 plus 2 for every 250 or fraction thereof over 400
Parking spaces for the physically handicapped shall be a minimum of 12 feet wide and must meet all other applicable requirements as to size as set forth in the building code.
[Amended 6-6-1994 by Ord. No. 94-06]
Whenever the off-street parking requirements in § 86-337 require the building of an off-street parking facility, such off-street parking lots shall be laid out, constructed and maintained in accordance with the following standards and regulations:
(1) 
No parking lot shall be constructed unless and until a permit therefor is issued by the building inspector. Applications for a permit shall be submitted to the building department in such form as may be determined by the building inspector, and shall be accompanied with two sets of site plans for the development and construction of the parking lot showing that the provisions of this section will be fully complied with. The entire parking area, including parking spaces and maneuvering lanes, required under this section shall be provided with asphaltic or concrete surfacing in accordance with specifications approved by the municipal engineer. Off-street parking areas shall be drained so as to dispose of all surface water accumulated in the parking area in such a way as to preclude drainage of water onto adjacent property or toward buildings.
(2) 
Plans for the layout of off-street parking facilities shall be in accordance with the following minimum requirements.[1]
[1]
Editor's Note: See Off-Street Parking Layout Requirements, included as an attachment to this chapter.
(3) 
All maneuvering lane widths shall permit one-way traffic movement, except that the 90° pattern shall permit two-way movement.
(4) 
All spaces shall be provided adequate access by means of maneuvering lanes. Backing directly onto a street shall be prohibited.
(5) 
Adequate ingress to and egress from the parking lot by means of clearly limited and defined drives shall be provided for all vehicles. Ingress and egress for a parking lot lying in an area zoned for other than single-family residential use shall not be across land zoned for single-family residential use.
(6) 
Each entrance and exit to and from any off-street parking lot located in an area zoned for other than single-family residential use shall be at least 25 feet distant from adjacent property located in any single-family residential district.
(7) 
A wall shall be provided on all sides of the off-street parking area abutting or adjacent to a residential district. The obscuring wall shall not be less than four feet six inches in height measured from the surface of the parking area. All land between the required obscuring wall and the front property line or street right-of-way line shall be kept free from refuse and debris and shall be landscaped with deciduous shrubs, evergreen material or ornamental trees. The ground area shall be planted and kept in lawn. All such landscaping and planting shall be maintained in a healthy, growing condition, neat and orderly in appearance. The Planning Commission, upon application by the property owner of the off-street parking area, may waive or modify the wall requirement by approving either an earth berm or evergreen screen in its place. The Planning Commission may also waive the wall requirement in specific cases where cause can be shown that no good purpose would be served by compliance with the requirements of this subsection.
(8) 
All lighting used to illuminate any off-street parking area shall be so installed as to be confined within and directed onto the parking area only.
(9) 
In all cases where a wall extends to an alley which is a means of ingress and egress to or from an off-street parking area, it shall be permissible to end the wall not more than 10 feet from such alley line in order to permit a wider means of access to the parking area.
(10) 
Parking aisles shall not exceed 300 feet without a break in circulation.
(11) 
Except for those serving single- and two-family dwellings, all parking lots shall be provided with wheel stops or bumper guards so located that no part of parked vehicles will extend beyond the property line or into required landscaped areas or pedestrian ways.
(12) 
No parking lot shall have more than one attendant shelter building. All shelter buildings shall conform to setback requirements for structures in the district in which the building is located.
[Amended 6-6-1994 by Ord. No. 94-06]
Off-street parking areas shall be landscaped as follows:
(1) 
In off-street parking areas containing 20 or more parking spaces, an area equal to at least 5% of the total parking area shall be used for interior landscaping. Whenever possible, parking lot landscaping shall be arranged to improve the safety of pedestrian and vehicular traffic, guide traffic movement, and improve the appearance of the parking area, through the even distribution of the landscape effort across the total off-street parking area, rather than concentrating all effort in one location.
(2) 
Parking lot landscaping shall be not less than five feet in any single dimension and not less than 150 square feet in any single island area. Not more than two landscaped units of 150 square feet may be combined in plans designed to meet the minimum requirements.
(3) 
The landscape plan shall designate the sizes, quantities and types of plant material to be used in parking lot landscaping.
(4) 
Required landscaping elsewhere on the parcel shall not be counted in meeting the parking lot landscaping requirements.
(5) 
A minimum of one deciduous tree shall be planted in each landscaped area.
[Amended 6-6-1994 by Ord. No. 94-06]
Required parking for a development may be located off-site under certain circumstances. Requests for off-site parking must meet the following requirements:
(1) 
Residential uses. Parking facilities accessory to dwelling units shall be located on the same zoning lot as the use served. Spaces accessory to uses other than dwellings (such as churches) may be located on a lot adjacent to or directly across a street or alley from the lot occupied by the use served, but in no case at a distance in excess of 300 feet from such zoning lot.
(2) 
Nonresidential uses. Parking facilities accessory to nonresidential uses may be located on other than the same lot as the use served (off-site). All required parking spaces shall be within 500 feet of such zoning lot. No parking spaces accessory to a use in a business or industrial district shall be located in a residential district, unless authorized by the Planning Commission.
(3) 
Agreement required. A written agreement shall be drawn to the satisfaction of the City Attorney and executed by all parties concerned ensuring the continued availability of the off-site parking facilities for the use they are intended to serve.
[Amended 6-6-1994 by Ord. No. 94-06]
The provisions and requirements as set forth in §§ 86-337 and 86-340 shall apply to all areas within the City except as modified by this section. The City recognizes that special provisions should be considered for the downtown area including the reduction of required parking spaces due to the availability of public parking. To this end:
(1) 
Portions of the City shall be contained within areas described as special parking districts as established by the City Council with recommendation from the Planning Commission.
(2) 
The boundaries of areas classified as special parking districts are hereby established as shown on the zoning map. Where uncertainty exists with respect to the boundaries of the special parking districts as shown on the zoning districts map, the rules as set forth in § 86-33 shall apply.
(3) 
The number of off-street parking spaces and the size of loading and unloading areas required for any new use or expanded or intensified use of property located within or partially within a special parking district shall be determined as set forth in §§ 86-340 and 86-342 and as provided for in this section.
a. 
Off-street parking. The determination of parking needs within a special parking district shall be based upon the following standards. For those uses not specified an adjustment may be made by the City Council, following Planning Commission recommendation, when it is found that a reduction from the standards would not adversely affect the retail, office and ancillary service facilities forming the commercial nucleus of these older core business areas. In this latter regard, primary consideration shall be given to uses which are generally the object of special purpose trips and thereby have little or no interrelation with those business activities in the core business areas. The following standards reflect the gross floor area actively used in day-to-day operations and shall exclude only vacant space and storage areas.
1.
Retail stores, except as otherwise specified
1 for each 350 square feet of gross floor area
2.
Furniture and appliance stores
1 for each 1,800 square feet of gross floor area
3.
Business and professional offices, except as otherwise specified
1 for each 500 square feet of gross floor area
4.
Medical and dental offices
1 for each 175 square feet of gross floor area
5.
Banks (excluding drive-in stations)
1 for each 250 square feet of gross floor area
6.
Establishments offering food, beverages or refreshments for sale and consumption on the premises
1 for each 100 square feet of gross floor area
7.
Apartments
1 for each dwelling unit, plus 1/4 for each bedroom
b. 
Off-street loading. The Planning Commission shall have the right to modify or waive the requirement for off-street loading areas as specified in § 86-342. Any such modification or waiver shall be based upon a review of a site plan and the surrounding area and a determination that there is satisfactory loading space serving the building or that the provision of such loading space is physically or functionally impractical.
(4) 
The owner of the new or expanded use may make application to the City Clerk for the option of paying a dollar amount established by resolution of the City Council per required parking space and loading and unloading space in lieu of providing the required spaces as per the provisions and requirements set forth in §§ 86-337 and 86-342. These monies would be paid into the special parking district fund established by the City Council specifically for the purpose of constructing and improving off-street parking areas to serve uses located within the special parking districts. The timing of parking spaces provided and their location shall be at the sole discretion of the City Council.
(5) 
The amount paid into the parking fund described in Subsection (4) of this section shall not apply against any present or future special assessments levied by the City for parking improvements.
(6) 
This exception may only be granted by the City Council. Granting of the exception shall be based upon evidence presented by the property owner showing that the reasonable ability to provide any or all of the required parking spaces or loading and unloading areas, as required in §§ 86-337 and 86-342, does not exist.
(7) 
A property owner granted the exception of contributing to the parking fund will not receive an occupancy permit until the monies have been paid into the fund in full.
(8) 
The provisions of this section also apply to any change in use of property located within a special parking district that would require parking spaces in excess of those required for the previous use.
[Amended 6-6-1994 by Ord. No. 94-06]
(a) 
On the same premises with every building, structure or part thereof involving the receipt or distribution of vehicles or materials or merchandise there shall be provided and maintained on the lot adequate space for standing, loading and unloading in order to avoid undue interference with public use of dedicated rights-of-way. Such space shall be provided as follows:
Total Floor Area of Building
(square feet)
Off-Street Loading Space Requirements
Office use
0 to 10,000
1 usable loading space, 10 feet by 25 feet
10,001 to 50,000
1 usable loading space, 10 feet by 50 feet
Over 50,000
2 usable loading spaces, each 10 feet by 50 feet
Commercial and industrial uses
0 to 1,400
1 usable loading space, 10 feet by 25 feet
1,401 to 20,000
1 usable loading space, 10 feet by 50 feet
20,001 to 50,000
2 usable loading spaces, each 10 feet by 50 feet
Over 50,000
3 usable loading spaces, plus 1 space for each 50,000 square feet in excess of 50,000 square feet, each 10 feet by 50 feet
(b) 
All loading spaces shall be in addition to the off-street parking area access drive and maneuvering lane requirements.
(c) 
Off-street loading space shall have a clearance of 14 feet in height.
(d) 
Off-street loading space may be completely enclosed within a building, or may occupy a portion of the site outside of the building, provided that, where any portion of a loading space is open to public view, the space shall be screened in accordance with § 86-352, pertaining to screening walls.
(e) 
All loading and unloading in the industrial district shall be provided off-street in the rear yard or interior side yard, and shall in no instance be permitted in a front yard. In those instances where exterior side yards have a common relationship with an industrial district across a public thoroughfare, loading and unloading may take place in the exterior side yard when the setback is equal to at least 50 feet.
[Amended 6-6-1994 by Ord. No. 94-06]
(a) 
Intent. The regulations set forth in this section are intended to prevent the storage or accumulation of unusable, inoperable or unsightly motor vehicles, machinery or building materials that could be hazardous to the safety of children, encourage the propagation of rats or rodents, or detract from the orderly appearance of the City.
(b) 
Restrictions.
(1) 
Motor vehicles. No motor vehicle shall be kept, parked or stored in any district zoned for residential use unless the vehicle is in operating condition and properly licensed or is kept inside a building. However, this subsection shall not apply to any motor vehicle ordinarily used but temporarily out of running condition for not more than 30 continuous days within a ninety-day period. If a motor vehicle is being kept for actual use, but is temporarily unlicensed, the building inspector may grant the owner a period of up to one month to procure a license.
(2) 
Machinery and building materials. Unusable, rusty or inoperable machinery, equipment, or parts of machines or equipment, not intended for use upon the premises, or old or used building materials, shall not be kept or stored outside of a building. However, the temporary storage of building materials intended to be used to improve the premises may be stored outside if piled off the ground so as not to become a suitable environment for rats or rodents. The temporary storage of building materials to be used for the purpose of new construction shall also be permitted. In no case shall usable or unusable machinery, building materials or other items be stored on a permanent basis in a truck trailer or other type of trailer, with or without its wheels.
[Amended 6-6-1994 by Ord. No. 94-06; 9-8-2009 by Ord. No. 09-03]
(a) 
The open parking or storage of tractors, boats or similar vehicles not owned by the property owners or tenants of the City on lands not specifically designated for such parking or storage shall be permitted for a period of up to 72 hours. However, a travel trailer may be kept in the rear or side yard of a single-family lot for a period of up to four weeks provided a permit has first been secured from the building inspector.
(b) 
Residents of the City may keep their own trailers, boats, campers, motor homes and similar vehicles on their own property for an indefinite period of time, provided such vehicles are in operable condition and are not kept within five feet of the closest edge of any neighboring road right-of-way. Such vehicles shall be subject to all other applicable provisions concerning accessory buildings set forth in § 86-336.
(c) 
A travel trailer, motor home or camper parked or stored on a residential lot shall not be connected to sanitary facilities and shall not be occupied for other than recreational use for a period not to exceed four weeks annually.
[Amended 6-6-1994 by Ord. No. 94-06; 8-1-2011 by Ord. No. 2011-01]
Home occupations shall comply with the following:
(1) 
No article or service shall be sold or offered for sale on the premises, except such as is produced on the premises by such occupation.
(2) 
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the dwelling unit (not counting areas of unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches) shall be used for purposes of the home occupation.
(3) 
There shall be no change in the outside appearance of the structure or premises, or other visible evidence of the conduct of such home occupation.
(4) 
The outdoor storage of goods and materials shall be prohibited. No interior display shall be visible from the exterior of a dwelling unit used for purposes of a home occupation.
(5) 
No more than one home occupation per dwelling unit shall be permitted over and above the provisions pertaining to medical marijuana under Subsections 11 and 12 of this section.
(6) 
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be provided by an off-street area, located other than in a required front yard.
(7) 
Exterior alterations. Home occupations shall not require exterior alterations or involve construction features not customary in dwellings or require the use of mechanical or electrical equipment which shall create a nuisance to the adjacent neighborhood.
(8) 
Interior alterations. Any permanent structural alterations to the interior of the dwelling unit for purposes of conducting the home occupation which would render it unsuitable for residential use shall be prohibited.
(9) 
Residency. The operator of the home occupation shall make the dwelling unit within which the home occupation is conducted his/her legal and primary place of residence, where all activities such as sleeping, eating, entertaining and other functions and activities normally associated with home life are conducted.
(10) 
Hazards or nuisances. No home occupation shall be permitted which would increase fire and safety hazards, noise, dirt, odor, dust, gas, glare, fumes, vibration or other nuisance elements.
(11) 
A medical marijuana primary caregiver, in compliance with the general rules of the Michigan Department of Community Health, the Michigan Medical Marihuana Act, P.A. 2008, Initiated Law MCL 333.26423(d) and the requirements of this chapter, shall be allowed as a home occupation subject to all the requirements of § 86-345, except Subsection (9) of this section, Residency. Nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marijuana not in strict compliance with that Act and the general rules. Also, since federal law is not affected by that Act or the general rules, nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting immunity from criminal prosecution under federal law. The Michigan Medical Marihuana Act does not protect users, caregivers or the owners of properties on which the medical use of marijuana is occurring from federal prosecution, or from having their property seized by federal authorities under the Federal Controlled Substances Act. The following requirements for a registered primary caregiver shall apply:
a. 
The medical use of marijuana shall comply at all times and in all circumstances with the Michigan Medical Marihuana Act and the general rules of the Michigan Department of Community Health, as they may be amended from time to time.
b. 
A registered primary caregiver must be located outside of a one-thousand-foot radius from sites where children are regularly present, specifically: any school such as a public or private preschool, elementary school, middle school, high school, community college, and all other schools that have different name references but serve students to insure community compliance with federal "drug-free school zone" requirements. This also includes a child care or day care facility, a church, synagogue, mosque, or other religious temple, a community center, recreational park or area so defined by the governing City, county or township.
c. 
Not more than one registered primary caregiver shall be permitted to service qualifying patients on a parcel or site and is prohibited within 1,000 feet from another parcel or site at which any other registered primary caregiver or where any other person cultivates marijuana, or assists in the use of marijuana, not including a patient's principal residence which is not used to cultivate marijuana or assist in the use of medical marijuana for persons other than the patient at such residence. Measurements for purposes of this section shall be made from property boundary to property boundary with contiguous parcels under the same ownership being considered as one parcel or site.
d. 
Customers, clients, or patients. No more than two customers, clients, or patients of the primary caregiver shall be on the premises at any one time.
e. 
Not more than five qualifying patients shall be assisted with the medical use of marijuana within any given calendar week.
f. 
All medical marijuana shall be contained within the main building in an enclosed, locked facility inaccessible on all sides and equipped with locks or other security devices as reviewed and approved by the City building official and/or the City police department with access to such facility permitted only to the registered primary caregiver or qualifying patient. At no time shall medical marijuana be allowed in any detached accessory buildings or structures located upon the property.
g. 
Licensure requirements. No cultivation, distribution, and other assistance to patients shall be lawful in this community at a location unless and until such location for such cultivation, distribution, and assistance shall have obtained a license for such location from the City. Licensure shall be subject to and in accordance with all provisions and fees as set forth in a license application supplied by the City. If the occupant is not the owner of the premises then consent must be obtained from the property owner to ensure the owner's knowledge of the use and/or cultivation of medical marijuana on said property and submitted along with the application.
h. 
All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of the residential structure in which electrical wiring, lighting and/or watering devices that support the cultivation, growing or harvesting of marijuana are located.
i. 
If a room with windows is utilized as a growing location, any lighting method that exceeds usual residential periods between the hours of 11:00 p.m. to 7:00 a.m. shall 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.
j. 
The portion of the residential structure where energy usage and heat exceed typical residential use, such as a grow room, and the storage of any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the Corunna/Caledonia Fire Department to ensure compliance with the Michigan Fire Protection Code.
k. 
The premises shall 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, without a warrant and without delay, during the stated hours of operation/use and at such other times as anyone is present on the premises.
(12) 
A medical marijuana "qualifying patient", in compliance with the general rules of the Michigan Department of Community Health, the Michigan Medical Marihuana Act, P.A. 2008, Initiated Law MCL 333.26423(d) and the requirements of this chapter, shall be allowed as a home occupation subject to all the requirements of § 86-345(1) through (10) and the requirements under this Subsection (12). Nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marijuana not in strict compliance with that Act and the general rules. Also, since federal law is not affected by that Act or the general rules, nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting immunity from criminal prosecution under federal law. The Michigan Medical Marihuana Act does not protect users, caregivers or the owners of properties on which the medical use of marijuana is occurring from federal prosecution, or from having their property seized by federal authorities under the Federal Controlled Substances Act. The following requirements for a "qualifying patient" shall apply:
a. 
The medical use of marijuana shall comply at all times and in all circumstances with the Michigan Medical Marihuana Act and the general rules of the Michigan Department of Community Health, as they may be amended from time to time.
b. 
All medical marijuana shall be contained within the main building in an enclosed, locked facility inaccessible on all sides and equipped with locks or other security devices with access to such facility permitted only to the "qualifying patient" and visits by City officials deemed necessary by provisions of this chapter. At no time shall medical marijuana be allowed in any detached accessory buildings or structures located upon the property.
c. 
All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of the residential structure in which electrical wiring, lighting and/or watering devices that support the cultivation, growing or harvesting of marijuana are located.
d. 
If a room with windows is utilized as a growing location, any lighting method that exceeds usual residential periods between the hours of 11:00 p.m. to 7:00 a.m. shall 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.
e. 
The portion of the residential structure where energy usage and heat exceeds typical residential use, such as a grow room, and the storage of any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the Corunna/Caledonia Fire Department to ensure compliance with the Michigan Fire Protection Code.
[Amended 6-6-1994 by Ord. No. 94-06]
Any dwelling unit used for a bed-and-breakfast operation shall comply with the following requirements:
(1) 
Not more than 25% of the total floor area shall be used for bed-and-breakfast sleeping rooms.
(2) 
There shall be no separate cooking facilities used for the bed-and-breakfast stay.
(3) 
Occupancy by guests shall be restricted to from one to seven days.
(4) 
One additional parking space shall be provided for each guestroom, on-site. The parking shall not be permitted within a required front yard.
[Amended 6-6-1994 by Ord. No. 94-06; 9-16-2002 by Ord. No. 02-12; 7-7-2006 by Ord. No. 06-03]
For uses making reference to this section, vehicular access shall be provided only to an existing or planned major thoroughfare, freeway or service drive; provided, however, that access driveways may be permitted to other than a major thoroughfare, or freeway service drive if the Planning Commission determines that allowing such access is equal to or better than those benefits realized by emptying onto a major thoroughfare.
[Amended 6-6-1994 by Ord. No. 94-06]
In all residential districts, so-called entranceway structures, including but not limited to walls, columns and gates, marking entrances to single-family subdivisions or multiple housing projects, may be permitted and may be located in a required yard, except as provided in § 86-301, provided that such entranceway structures shall comply with all codes of the municipality, and shall be approved by the building inspector and a permit issued.
[Amended 6-6-1994 by Ord. No. 94-06]
Except as may otherwise be provided in this chapter, no fence, wall, shrubbery, sign or other obstruction to vision above a height of two feet from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between such right-of-way lines at a distance along each line of 25 feet from their point of intersection.
[Amended 6-6-1994 by Ord. No. 94-06]
(a) 
Intent. Landscaping, greenbelts and screening are necessary for the protection and enhancement of the environment and for the continued vitality of all land uses in the City. Landscaping and greenbelts are capable of enhancing the visual environment, preserving natural features, improving property values, and alleviating the impact of noise, traffic and visual disruption related to intensive uses. The purpose of this section is to set minimum standards for the protection and enhancement of the environment through requirements for the design and use of landscaping, greenbelts and screening.
(b) 
Scope.
(1) 
The requirements set forth in this section shall apply to all uses, lots, sites and parcels which are developed or expanded, following June 10, 1994, requiring site plan approval. No site plan shall be approved unless the site plan shows landscaping consistent with the provisions of this section. Furthermore, where landscaping is required, a building permit shall not be issued until the required landscape plan is submitted and approved, and a certificate of occupancy shall not be issued unless provisions set forth in this section have been met or a performance bond has been posted in accordance with the provisions set forth in § 86-391(g).
(2) 
In cases where the use of an existing building changes or an existing building is changed or otherwise altered or reoccupied, all of the standards set forth in this section shall be met.
(3) 
The requirements of this section are minimum requirements, and nothing in this section shall preclude a developer and the City from agreeing to more extensive landscaping.
(c) 
Design standards. Except as otherwise specified in the general requirements for each zoning district, all landscaping shall conform to the following standards:
(1) 
General landscaping. All portions of the lot or parcel area not covered by buildings, paving or other impervious surfaces shall be landscaped with vegetative ground cover and other ornamental materials as follows, except where specific landscape elements, such as a greenbelt, berm or screening, are required:
a. 
All portions of the landscaped area shall be planted with grass, ground cover, shrubbery or other suitable plant material, except that paved patios, terraces, sidewalks and similar site features may be incorporated with Planning Commission approval.
b. 
A mixture of evergreen and deciduous trees shall be planted at the rate of one tree for each 1,000 square feet or portion thereof of landscaped open space area.
c. 
Required trees and shrubs may be planted at uniform intervals, at random, or in groupings.
d. 
On sites which are two acres or larger in size, the landscaped area shall include a greenbelt of a minimum ten-foot width, located and continually maintained along a public right-of-way.
e. 
In consideration of the overall design and impact of the landscape plan, the Planning Commission may reduce or waive the requirements outlined in this section for general landscaping, or for landscaping in greenbelt areas, on berms, or as part of a screen, provided that any such adjustment is in keeping with the intent of this chapter, and, more specifically, with the intent of Subsection (a) of this section.
f. 
The total landscaped area shall be the basis for determining the required number of trees or shrubs, irrespective of the portion which is devoted to patios, terraces, sidewalks or other site features.
(2) 
Greenbelt buffer. Where required, greenbelts and greenbelt buffers shall conform to the following standards:
a. 
A required greenbelt or greenbelt buffer may be interrupted only to provide for roads or driveways for vehicular access.
b. 
Grass, ground cover or other suitable live plant material shall be planted over the entire greenbelt area, except that paving may be used in areas of intensive pedestrian circulation.
c. 
A minimum of one deciduous tree or evergreen tree shall be planted for each 30 lineal feet, or portion thereof, of required greenbelt length. Required trees shall be at least five feet tall and may be planted at uniform intervals, at random, or in groupings.
d. 
For each 50 linear feet, or portion thereof, of required greenbelt length, at least one ornamental spring flowering tree at least five feet in height shall be installed and maintained.
e. 
Two eighteen-inch-high or eighteen-inch-wide shrubs shall be required for each 15 linear feet of greenbelt area. Required shrubs may be planted at uniform intervals, at random, or in groupings.
f. 
For the purpose of determining required plant material, required greenbelt area length shall be measured along the exterior periphery of the greenbelt area, inclusive of all driveways.
(3) 
Berms. Where required, earth berms or landscaped berms shall conform to the following standards:
a. 
The berm shall be at least three feet above the grade elevation, and shall be constructed with slopes no steeper than one foot vertical for each three feet horizontal. For the purposes of this subsection, grade elevation shall be the ground elevation at the property line adjacent to the proposed berm.
b. 
The berm area shall be planted with grass or other suitable ground cover to ensure that it withstands wind and weather and retains its height and shape.
c. 
A minimum of one deciduous or evergreen tree shall be planted for each 30 linear feet, or portion thereof, of required berm.
d. 
Eight shrubs per tree may be planted as a substitute for trees (see Subsection (3)c of this subsection).
e. 
Required trees and shrubs may be planted at uniform intervals, at random, or in groupings.
f. 
For the purpose of determining required plant material, required berm length shall be measured along the exterior periphery of the berm.
(4) 
Evergreen screening. Where required, evergreen screening shall consist of closely spaced plantings which form a visual barrier that is at least eight feet above ground level within five years of planting.
(5) 
Landscaping of rights-of-way and other adjacent public open space areas. Public rights-of-way and other public open space areas adjacent to required landscaped areas and greenbelts shall be planted with grass or other suitable ground cover and maintained by the owner of the adjacent property as if they were part of required landscaped areas and greenbelts.
(6) 
Vision clearance at intersections.
a. 
When a driveway intersects a public right-of-way or when the subject property abuts the intersection of public rights-of-way, all landscaping within the corner triangular areas described in Subsection b of this subsection shall permit unobstructed cross-visibility. Shrubs located in the triangular area shall not be permitted to grow to a height of more than two feet above the pavement grade at the edge of the pavement. Portions of required berms located within sight distance triangular areas shall also not exceed a height of two feet above the pavement grade at the edge of the pavement. Trees may be maintained in this area provided that all branches are trimmed to maintain a clear vision for a vertical height of eight feet above the roadway surface. Landscaping, except grass or ground cover, shall not be located closer than three feet to the edge of a driveway.
b. 
The triangular areas referred to in Subsection (c)(6)a of this subsection are:
1. 
The area formed at the corner intersection of a public right-of-way and a driveway, two sides of the triangular area being 10 feet in length measured along the right-of-way line and driveway line and the third side being a line connecting these two sides.
2. 
The area formed at a corner intersection of two public right-of-way lines, the two sides of the triangular area being 25 feet in length measured along the abutting public right-of-way lines and the third side being a line connecting these two sides.
(7) 
Maintenance. All required landscape areas shall be planted and maintained with living plant materials. Failure to maintain required landscaped areas, including the removal and replacement of dead or diseased plant materials, shall constitute a violation of this chapter.
[Amended 6-6-1994 by Ord. No. 94-06]
(a) 
Generally. Whenever in this chapter planting is required, it shall be planted within six months from the date of completion of the building or improvement, and shall thereafter be reasonably maintained with permanent plant materials. Plastic and other nonorganic, nonliving plant materials shall be prohibited from use and shall not be in compliance with the spirit and intent of this chapter.
(b) 
Spacing.
(1) 
Plant materials shall not be placed closer than four feet to the fence line or property line, except that shrubs may be planted no closer than two feet to the fence or property line.
(2) 
Where plant materials are planted in two or more rows, plantings shall be staggered in rows.
(3) 
Evergreen trees shall be planted not more than 30 feet on centers, except as provided in § 86-350(c)(4).
(4) 
Narrow evergreens shall be planted not more than three feet on centers.
(5) 
Deciduous trees shall be planted not more than 30 feet on centers.
(6) 
Tree-like shrubs shall be planted not more than 10 feet on centers.
(7) 
Large deciduous shrubs shall be planted not more than four feet on centers.
(c) 
Suggested plant materials. Suggested plant materials are as follows:
Suggested Plant Materials
Minimum Size
(1)
Evergreen trees:
6 feet in height
a.
Hemlock
b.
Fir
c.
Pine
d.
Spruce
e.
Douglas Fir
(2)
Narrow evergreens:
4 feet in height
a.
Column Honoki Cypress
b.
Blue Columnar Chinese Juniper
c.
Pyramidal Red Cedar
d.
Irish Yew
e.
Douglas Arborvitae
f.
Columnar Giant Arborvitae
(3)
Tree-like shrubs:
6 feet in height
a.
Flowering Crab
b.
Russian Olive
c.
Mountain Ash
d.
Dogwood
e.
Redbud
f.
Rose of Sharon
g.
Hornbeam
h.
Hawthorn
i.
Magnolia.
(4)
Large deciduous shrubs:
4 feet in height
a.
Honeysuckle
b.
Viburnum
c.
Mock-Orange
d.
Forsythia
e.
Lilac
f.
Cotoneaster
g.
Hazelnut
h.
Euonymus
i.
Privet
j.
Buckthorn
k.
Sumac
(5)
Deciduous trees:
2- to 3-inch caliper
a.
Oaks
b.
Hard Maple
c.
Hackberry
d.
Birch
e.
Planetree (Sycamore)
f.
Ginkgo (male)
g.
Beech
h.
Sweet-Gum
i.
Honeylocust
j.
Hop Hornbeam
k.
Linden
(d) 
Trees not permitted. The following trees are not permitted:
(1) 
Box Elder.
(2) 
Soft Maples (Red, Silver).
(3) 
Slippery Elms.
(4) 
Poplars.
(5) 
Willows.
(6) 
Horse Chestnut (nut bearing).
(7) 
Tree of Heaven.
(8) 
Catalpa.
(9) 
Ginkgo (female).
(e) 
Existing plant materials.
(1) 
In instances where healthy plant material exists on a site prior to its development, the building inspector may adjust the application of the standards set out in this section to allow credit for such plant material if such an adjustment is in keeping with and will preserve the intent of this section.
(2) 
All existing plant materials must first be inspected by the building inspector to determine the health and desirability of such materials. If plant materials are to be saved, prior approval must be obtained from the building inspector before any de-limbing, root pruning or other work is done.
(3) 
If such existing plant material is labeled "To Be Saved" on site plans, protective techniques, such as but not limited to fencing placed at the dripline around the perimeter of the plant material, shall be installed. No vehicle or other construction equipment shall be parked or stored within the dripline of any plant material intended to be saved.
(4) 
If healthy trees labeled "To Be Saved" on the approved site plan are destroyed or damaged, as determined by the building inspector, the owner, developer or contractor shall replace the trees with trees of a comparable type.
[Amended 6-6-1994 by Ord. No. 94-06]
(a) 
For the use districts and uses listed in this subsection, there shall be provided and maintained, on those sides abutting or adjacent to a single- or two-family residential district, an obscuring wall. The height of the wall shall be measured from the surface of the parking area or land on the nonresidential side of the wall.
Use
Minimum Height Requirements
(1)
Off-street parking area
4'6" high wall (see also § 86-340)
(2)
RM (with 17 or more units), C-1, C-2, C-3 and R-O Districts
4'6" high wall
(3)
I Districts
4'6" high wall
(4)
Open storage areas and loading and unloading zones
4'6" to 8'0" high wall or fence (see also §§ 86-342 and 86-343)
(5)
Trash receptacles
6'0" high wall (see also § 86-354)
(6)
Utility buildings, stations and substations
6'0" high wall or fence
(b) 
In the case of the variable wall height requirement in Subsection (a)(4) of this section, the extent of the obscuring wall shall be determined by the Planning Commission on the basis of land usage, provided that no wall or fence shall be less than the required minimum or greater than the required maximum height in Subsection (a)(4).
(c) 
Required walls shall be located on the lot line except where underground utilities interfere and except in instances where this chapter requires conformance with yard setback lines. Upon review of the site plan, the Planning Commission may approve an alternate location for the wall, or may modify the wall requirement by approving either an earth berm or evergreen screen in its place. The Planning Commission may also waive the wall requirement in specific cases where cause can be shown that no good purpose would be served by the screening requirement.
(d) 
Required walls shall have no openings for vehicular traffic or other purposes, except as otherwise provided in this chapter and except such openings as may be approved by the Planning Commission. All walls required by this section shall be constructed of materials approved by the building inspector to be durable, weather resistant, and easily maintained.
(e) 
The requirement for an obscuring wall between off-street parking areas, outdoor storage areas, and any abutting residential district shall not be applicable when such areas are located more than 200 feet distant from abutting residential districts.
[Amended 6-6-1994 by Ord. No. 94-06; 11-24-2002 by Ord. No. 02-13]
(a) 
Scope; permit. The installation, erection or maintenance of a fence is hereby prohibited except in strict compliance with this chapter. A permit, to be issued by the building inspector, shall be obtained prior to installation or erection of any fence within the corporate limits of the City. Application shall be made upon a form provided by the building department and shall require such information as may be required by the City Clerk. All applications for a fence permit shall be accompanied by a filing fee as may be established by City Council resolution.
(b) 
Calculation of height. The height of a rear yard fence or of a side yard fence shall be computed as the distance from the base of the fence at normal grade to the top of the highest component of the fence. The height of a front yard fence shall be computed as the distance from the curb or the centerline of the street to the top of the highest component of the fence. The City of Corunna Building Inspector may allow a deviation from these measurement requirements, if failure to allow a deviation would result in practical difficulty or unnecessary hardship due to exceptional topographic or physical conditions with respect to the parcel and compatibility with surrounding lands.
(c) 
Height and type requirements.
(1) 
Single-family or two-family residential fences. All rear or side yard fences in areas physically occupied for single-family or two-family residential purposes shall not be more than six feet in height. All front yard fences in areas physically occupied for single-family or two-family residential purposes shall not be more than 42 inches in height, provided that for corner lots, no fence shall be more than 30 inches in height within 25 feet of the intersection of the two right-of-way lines, so as not to interfere with motorist vision across the corner. Front yard fences shall be of an ornamental type only. Rear yard and side yard fences may be of an ornamental, privacy or standard type.
(2) 
Business, office or commercial fences. All fences in areas zoned or used for business, office or commercial purposes shall not be more than six feet in height and shall comply with Planning Commission site plan review requirements. Fences shall be of an ornamental, privacy or standard type.
(3) 
Industrial fences. All fences in areas zoned or used for industrial purposes shall not exceed eight feet in height and shall comply with Planning Commission site plan review requirements. Fences shall be of an ornamental, privacy or standard type.
(4) 
Multiple-family fences. Areas zoned or used for multiple-family residential purposes, with three or more total number of units, which abut single-family occupied, single-family zoned, or two-family occupied property, shall have erected upon the adjoining property line a fence to be six feet in height and shall comply with Planning Commission site plan review requirements. Fences shall be of an ornamental, privacy or standard type.
(5) 
Fences for parks, schools, public buildings, etc. The height and type of fences enclosing municipal parks, public and parochial school grounds, public building and church grounds or land used for playgrounds, parks, picnic groves, golf courses, golf driving ranges or similar facilities for outdoor exercise and recreation shall require the approval of the City Council after receiving the recommendation of the building department. Fences shall be of an ornamental, privacy or standard type.
(6) 
Safety fences. For the protection of the general public, any swimming pool, reflector pool, fish pond, lily pond or artificially constructed body of water which contains 18 inches or more of water in depth at any point shall be enclosed by a fence not less than four feet in height and shall be subject to maximum height requirements for the zoning and/or use district where in constructed. All gates shall be of a self-closing and latching type, with the latch on the inside of the gate not readily accessible for children to open. Gates shall be capable of being securely locked. If the entire premises are enclosed with a fence of not less than four feet in height, this subsection, with the exception of gating requirements, may be waived by the building department. Front yard fences shall be of an ornamental type only. Rear yard and side yard fences may be of an ornamental, privacy or standard type. Business, office, commercial, industrial and multiple family fences shall comply with Planning Commission site plan review requirements.
(d) 
Fence specifications and types. Fences shall be constructed of wood, metal or masonry, vinyl and other acceptable materials. Only appropriate material shall be used, which has been manufactured or treated in a manner to prevent rust and corrosion, and rot and decay.
(1) 
All fence posts shall be constructed as to maintain proper stability, safety and strength. All posts shall be sunk in the soil to a depth of at least three feet.
(2) 
No person shall erect or cause to be erected a fence which is:
a. 
Made with or upon which is fixed barbed wire;
b. 
Has any protective spike, nail or sharp pointed object; or
c. 
Charged with electric current;
Provided, however, that a fence in an industrial area may be erected with barbed wire on arms or brackets extending inward over such property upon application and approval by the Planning Commission under site plan review requirements.
(3) 
Fences shall be constructed in accordance with the following type requirements:
a. 
Ornamental type. Ornamental fences shall be of approved materials, and of a style listed below:
i. 
Wooden or vinyl post and rail.
ii. 
Wooden or vinyl split rail.
iii. 
Wooden or vinyl picket.
iv. 
Ornamental wrought iron or aluminum.
v. 
Other styles of ornamental fences not listed above must be approved by the City building inspector prior to any placement.
Visibility. Ornamental type fences shall be of such material and construction so as not to impair visibility in any direction. The building inspector and/or the Chief of Police shall have the authority to determine compliance with this section and may request removal or changes in any fence erected under the above requirements to meet public safety.
b. 
Privacy type. A completely obscuring fence or sight proof barrier constructed of brick, stone, masonry units or wood products that are determined by the building inspector to be durable and weather resistant.
c. 
Standard type. A chain link and/or cyclone style fence or other style as approved by the City building inspector prior to any placement.
(e) 
Location and special requirements.
(1) 
All fences must be located entirely on the private property of the person constructing the fence; provided that, if the adjoining property owner consents in writing to the construction of a fence on this property line, it may be so constructed. Such written consent shall be filed with the application for a permit.
(2) 
Gates. Gates in fences shall not open over public property or over private property owned by other persons.
(3) 
Visibility at intersections of driveways or alleys with streets. No fence, wall or screen, whether structural or botanical, may obstruct vision within 25 feet in any direction of the intersection of the edge of a driveway or alley with street right-of-way line.
(4) 
Sidewalks and rights-of-way: No fence shall be located nearer than 24 inches to the inside line of any sidewalk or street/alley rights-of-way.
(f) 
Maintenance of nuisance. Fences must be maintained in a neat and safe condition, so as not to endanger life or property. Any fence which, through lack of repair, type of construction or otherwise, endangers life or property is hereby deemed a nuisance. The building department shall notify the owner, agent or person in control of the property on which such fence is located of the existence of such nuisance and specify the required repairs or modifications to be made to render the fence safe, or require the unsafe fence or any portion thereof to be removed, and shall provide a time limit for such repairs, modification or removal.
(g) 
Existing fences.
(1) 
Fences presently in existence shall not be enlarged, rebuilt or reconstructed without first having obtained a permit therefore from the building department. Such fences, when repaired or replaced, shall conform with all provisions of this chapter.
(2) 
Any newly rezoned property or changes in use shall comply with all fence requirements.
(3) 
Existing fences may be ordered removed or altered if deemed by the Chief of Police or building inspector to impede visibility.
[Amended 6-6-1994 by Ord. No. 94-06]
(a) 
In all C-1, C-2, C-3 and I districts, there shall be provided an outdoor trash storage area. Any such area shall be limited to normal refuse which is collected on a regular basis and shall be maintained in a neat, orderly and sanitary condition. The requirement for such a trash storage area may be waived by the Planning Commission upon a finding that it is unnecessary due to the nature of the use, or owing to provisions for indoor trash storage.
(b) 
In no instance shall any such refuse be visible above the required screening.
(c) 
A screen wall, in accordance with § 86-352, of six feet in height, shall enclose three sides of the storage area. Bollards or other protective devices shall be installed at the opening and to the rear of any storage area to prevent damage to the screening walls. The surface under any such storage area shall be constructed of concrete which complies with local building requirements.
(d) 
Any such storage area shall be located in a rear yard and/or be so located and arranged as to minimize its visibility from adjacent streets and uses. The Planning Commission may require an obscuring gate when the visibility of such a storage area, from a public street or adjacent use, is deemed to render an adverse influence. In no instance shall any such area be located in a front yard.
(e) 
All trash storage areas and enclosures shall be located a minimum of 10 feet from any building or structure.
[Amended 6-6-1994 by Ord. No. 94-06; 9-16-2002 by Ord. No. 02-12]
(a) 
All outdoor lighting in all use districts other than residential districts shall be shielded so the surface of the source of the light shall not be visible from all adjacent residential districts, adjacent residences and public rights-of-way.
(b) 
Illumination guidelines shall be in accordance with the following standards:
(1) 
Street illumination.
a. 
Street illumination standards are as follows:
Nonresidential
Residential
Street Hierarchy
Lux
Footcandles
Lux
Footcandles
Major
12
1.2
6
0.6
Collector
8
0.8
4
0.4
Local
6
0.6
3
0.3
b. 
For purposes of this subsection:
1. 
Major street means the part of the roadway system that serves as the principal network for through traffic flow. The routes connect areas of principal traffic generation and important rural highways entering the City.
2. 
(Reserved)
3. 
Local street means roadways used primarily for direct access to residential, commercial, industrial or other abutting property. They do not include roadways carrying through traffic. Long local roadways will generally be divided into short sections by collector roadway systems.
(2) 
Parking illumination.
a. 
Parking illumination standards are as follows:
Vehicular Use Area Only
General Parking and Pedestrian Safety
Level of Activity
Lux
Footcandles
Lux
Footcandles
Low activity
5
0.5
2
0.2
Medium activity
11
1.0
6
0.6
High activity
22
2.0
10
0.9
b. 
For purposes of this subsection:
1. 
Examples of high activity include major-league athletic events, major cultural or civic events, regional shopping centers and fast food facilities.
2. 
Examples of medium activity include community shopping centers, office parks, hospital parking areas, transportation parking (airports, etc.), cultural, civic or recreational events, and residential complex parking.
3. 
Examples of low activity include neighborhood shopping, industrial employee parking, educational facility parking and church parking.
(c) 
Illumination shall not be of a flashing, moving or intermittent type other than used in connection with a sign for the conveyance of noncommercial information which requires periodic change, such as time, temperature or stock averages.
(d) 
All illumination shall be constant in intensity and color at all times when in use.
[Amended 6-6-1994 by Ord. No. 94-06]
(a) 
No operation or activity shall be carried out in any district which causes or creates measurable noise levels exceeding the maximum sound pressure levels prescribed in this subsection, as measured on or beyond the boundary lines of the parcel on which the use is situated.
Maximum Permitted Sound Pressure Levels in Decibels
PR-1
Octave Band
(cycles per second)
(hz)
Day
Night
0 to 74
76
70
75 to 149
70
62
150 to 299
64
56
300 to 599
57
49
600 to 1,199
51
44
1,200 to 2,399
45
39
2,400 to 4,799
38
33
4,800 and above
36
31
Maximum Permitted Sound Pressure Levels in Decibels
(Post-1960 Preferred Frequencies)
PR-1
Center Frequency
(cycles per second)
(hz)
Day
Night
31.5
77
72
63
73
68
125
67
62
250
62
57
500
55
50
1,000
51
46
2,000
44
39
4,000
37
32
8,000
33
28
(b) 
Sounds of very short duration, which cannot be measured accurately with the sound level meter, shall be measured by an impact noise analyzer, and the measurements so obtained may be permitted to exceed the maximum levels provided in the tables shown by no more than 10 decibels. For purposes of this chapter, impact noises shall be considered to be noises generated by sources that do not operate more than one minute in any one-hour period.
(c) 
Where street traffic noises directly adjacent to the boundary line exceed these maximum permitted levels, the intensity levels permitted may then exceed those levels specified in the tables but may not exceed the level of the subject adjacent street traffic noise.
(d) 
Sounds of an intermittent nature, or characterized by high frequencies, which the building inspector deems to be objectionable to adjacent land uses, shall be controlled so as not to generate a nuisance to adjacent land uses, even if the decibel measurement does not exceed that specified in the tables in this section.
(e) 
Noise resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this section.
[Amended 6-6-1994 by Ord. No. 94-06]
(a) 
A ground-mounted satellite antenna shall be located only in the rear yard and shall be subject to the accessory structures setback requirements of the zoning district in which it is located, as measured at the property line to the nearest edge of the dish.
(b) 
Not more than one satellite antenna shall be allowed on any single residential lot of record.
(c) 
Any satellite dish antenna shall be installed and maintained with a screen that shall not interfere with the reception but will obscure the view from adjacent lots or streets.
(d) 
No satellite dish antenna shall exceed 12 feet in diameter.
(e) 
A roof mount location may be considered as an alternative to a ground mount for nonresidential structures. The maximum height of a roof-mounted satellite antenna shall be not greater than 15 feet, including its base, nor shall the building and antenna exceed the maximum height permitted for a structure in its respective zoning district.
(f) 
The satellite antenna and structural support shall be of noncombustible and corrosion-resistant material.
(g) 
All satellite antennas shall be grounded as required by the applicable building codes to alleviate electrical potential differences between exposed "dead" metal parts of the antenna and the AC electrical system of the premises.
(h) 
Each satellite antenna shall be designed to withstand a wind force of 75 miles per hour without the use of any supporting guy wires.
(i) 
Wiring between a satellite dish and the receiver shall be placed at least 18 inches beneath the surface of the ground with a cable approved for direct burial.
(j) 
Any driving motor shall be limited to one-hundred-volt maximum power design and be encased in protective guards. Any motor with operating voltage of more than fifty-volt AC nominal shall comply with article 430 of the National Electrical Code, as amended.
(k) 
A satellite antenna shall be permanently mounted. A satellite antenna may only be on wheels or temporarily installed when used to demonstrate or test the feasibility of use, for no more than two weeks.
(l) 
No satellite dish antenna permanently mounted shall be used for or contain a commercial or residential advertisement, except signs indicating the manufacturer, sales or servicing agent, the total of which shall not exceed 20 square inches.
[Amended 6-6-1994 by Ord. No. 94-06]
(a) 
Permit. For permanent aboveground or belowground swimming pools, and for portable pools with a diameter exceeding 12 feet or an area exceeding 100 square feet, a building permit must be obtained for the pool's alteration, erection and construction. Before a permit is issued, an application shall be approved by the enforcing official (the building inspector or his authorized representative). An application is not required for a wading pool. An application for a permit should provide the following information: name of the owner, and a plot plan specifying dimensions and site location of the pool, as well as nearby fences, buildings, gates, septic tanks, tile fields, public utilities and easements. The application for a belowground pool must include plans and specifications, to scale, of the pool walls, slope, bottom, walkway, diving boards, type and rating of auxiliary equipment, piping and valve layout.
(b) 
Setbacks. Rear and side lot line setbacks shall not be less than 10 feet between the pool outside wall and the side or rear property line, and not less than 10 feet between pool wall and any building on the lot.
(c) 
Separation from electrical wires and other wires. With regard to overhead electrical or telephone wires, a distance of not less than 10 feet horizontally from the water's edge shall be enforced. Under no circumstances shall wire of any kind cross over the water surface.
(d) 
Separation from water wells. A swimming pool shall not be located less than 25 feet horizontally from any semipublic water well, unless a shorter distance is approved by the county health department.
(e) 
Separation from sewage disposal facilities. A distance of at least three feet horizontally must be maintained from a permanent pool to any sewer. There shall be 10 feet horizontally to a septic tank and tile field or other treatment facility, provided the water level in the pool is one foot or more above the ground surface elevation of such treatment facility.
(f) 
Separation from pipes and conduits. A distance of three feet shall be provided from any portion of the pool to any underground water, electrical, telephone, gas or other pipes and conduits, except for parts of the swimming pool system.
(g) 
Fence. No yard containing a swimming pool or wading pool shall be constructed or maintained unless such swimming pool is entirely enclosed by a building, wall or fence. The minimum height of all parts of the fence or wall, including gates, shall be four feet, and the fence or wall shall be not more than six feet in height, measured from grade. The fence shall be designed and constructed so as to make the pool inaccessible to children by climbing or entering through the fence openings. The fence must be no closer than 10 feet to the water's edge. All openings in any such fence or building shall be equipped with a self-closing, self-latching gate or door which shall be securely locked with a tamperproof lock when the pool is not in use.
(h) 
Location. A private swimming pool shall be located only in the rear yard.
[Added 2-19-2013 by Ord. No. 13-02]
(a) 
Permanent outdoor storage. The outdoor storage of surplus merchandise intended for outdoor usage. Within this definition, permanent has the meaning of merchandise that is being stored on said site beyond regular business hours and/or overnight. At no time shall any permanent outdoor storage be located within any public right of way. This definition also includes any products that are deemed by the Planning Commission and/or City building official or their designee to be excess inventory to products located within the permanent outdoor display area as defined below. This definition also includes any products in shipping containers, shipping boxes, or in crates as long as such containers, shipping boxes, or crates are appropriately packaged or weatherproofed as to cause no unnecessary waste or debris within the permanent outdoor storage area. At no time shall permanent outdoor storage be permitted in or on trailers. All permanent outdoor storage is subject to a site plan review by the Planning Commission in accordance with Subsection (e) of this section.
(b) 
Permanent outdoor display. The outdoor display of merchandise actively available for rent or sale intended for outdoor usage. Within this definition, permanent has the meaning of product(s) that is being stored on said site beyond regular business hours and/or overnight. At no time shall any permanent outdoor display be located within any public right of way except as defined under Subsection (d) of this section pertaining to temporary outdoor displays. This definition does not include storage of merchandise in shipping boxes, crates, or other shipping containers as defined in Subsection (a) above. At no time shall permanent outdoor storage be permitted in or on trailers. All permanent outdoor display is subject to a site plan review and approval by the Planning Commission in accordance with Subsection (e) of this section.
(c) 
Temporary outdoor display. The outdoor display of merchandise actively available for rent or sale within the principle business facility and such merchandise is being displayed outdoors only during regular business hours. Such merchandise must be taken indoors daily at the end of business hours. At no time shall any temporary outdoor display be located within any public right of way except as defined under Subsection (d) of this section pertaining to temporary outdoor displays allowed within the C-1 district on lots with zero front yard setbacks. This definition does not include products in shipping boxes, crates, or other shipping containers. All temporary outdoor display 200 square feet and over in total combined area is subject to a site plan review and approval by the Planning Commission in accordance with Subsection (e) of this section. Temporary outdoor displays less than 200 square feet in total combined area are subject to permit approval by the building official in accordance with Subsection (e) of this section.
(d) 
Temporary outdoor sidewalk displays within the C-1 district. Businesses located within the C-1 district that have zero front yard setbacks are permitted to use the City sidewalk directly in front of their establishment for display and sale purposes upon obtaining approval and on any forms required by the City building official or their designee. Such displays are limited to a maximum of four times a year with seven contiguous days each occurrence and may not exceed 20 square feet of total display area unless approved by the Planning Commission. A minimum of two weeks must occur between each of the four occurrences. Any displays allowed in conjunction with events sponsored by the City or Downtown Development Authority is exempt.
(e) 
Standards for Planning Commission or City building inspector approval. In the process of approval or denial of outdoor storage or display by the Planning Commission and/or the City building official, a drawing shall be submitted showing the date, owner and applicant name(s), property address, and applicant phone number, dimensions of all lot and property lines showing the location and type of outdoor storage or display in relationship to the existing buildings, any and all parking requirements of the subject business, and any other requirements that may be deemed necessary by the Planning Commission or the City building official.
Upon submission for approval, the Planning Commission or building official shall consider the following and take action either in the form of an approval, approval with conditions, or disapproval:
(1) 
Safety and convenience of both vehicular and pedestrian traffic within the site in relationship to the outdoor storage and/or display.
(2) 
Ensure that outdoor storage/display does not impede required parking, pedestrian walkways and required disabled access.
(3) 
Ensure that satisfactory and harmonious relationships exist between the outdoor storage/display and the existing and prospective development of contiguous land and adjacent neighborhoods.
(4) 
The Planning Commission or City building official, upon review, may require landscaping, fences, and walls in pursuance of these objectives, and such landscaping, fences, and walls shall be maintained as a condition of the establishment and the continued maintenance of any use to which they are appurtenant.
(5) 
Ensure that accessibility is afforded to emergency vehicles.
(6) 
The Planning Commission or City building official, upon review, may set any additional requirements they feel necessary to carry out the full intent of this section.
(7) 
The City building official may approve changes to outdoor storage/displays that were previously approved by the Planning Commission or City building official as long as the meaning and intent of this section is adhered to and the proposed changes do not increase the existing approved storage/display size.
(f) 
Outdoor storage and/or display creating a nuisance. At no time shall any outdoor storage or display be permitted to accumulate on any property to an excessive amount that is deemed unreasonable by the City building official or City Manager. In the event this occurs, the City Manager and/or City building official may revoke any and all outdoor storage and/or display privileges. If the property owner or lessee is in disagreement of the claim, they may appeal their case to the Corunna City Council if done so within 15 days from the original notification of the alleged offense.
(g) 
Special event outdoor sales and display. The City Council, Downtown Development Authority (within the boundaries of the DDA), and the Parks and Recreation Commission (on land zoned as recreational/conservation) may, by resolution, designate certain dates and locations as special events with temporary outdoor sales and display areas. Said resolution shall include any conditions and standards to be in force for outdoor sales and displays.
(h) 
Outdoor vending machine(s). An outdoor vending machine is defined as any self-contained or connected appliance, machine, and/or storage container located outside a structure that dispenses or provides storage of a product or service. Outdoor vending includes, but is not limited to, movie vending, ice machines, soda machines, and propane displays.
The following standards apply to outdoor vending machines:
(1) 
Outdoor vending machines shall be permitted as an accessory use in the C-1, C-2, and C-3, districts.
(2) 
Outdoor vending machines shall be placed against the facade of the principal structure.
(3) 
Outdoor vending machines shall be placed on an impervious surface such as concrete or asphalt.
(4) 
The linear width of all outdoor vending machines for a single occupant building or tenant shall not exceed 10% of the total facade width of a single occupant building or tenant space for a multi-tenant building with a maximum of 30 linear feet allowed.
(5) 
No tobacco product vending machine is allowed on the outside of the premises.
(6) 
No vending machine shall display, expose, produce, or emit any printed matter, advertising, writing other matter that is obscene, indecent, pornographic, or contrary to good morals.
(7) 
No vending machine shall be placed in a location so as to impede pedestrian access, block parking areas, or create an unsafe condition.
(8) 
All vending machines must be maintained and in operable condition.
(9) 
No inoperable or non-utilized vending machine shall be allowed to remain outdoors on the premises longer than 60 days.
[Added 7-20-2015 by Ord. No. 2015-04]
(a) 
Temporary outdoor sales located on private property, such as tent sales, fireworks, Christmas tree lots, etc., shall be permitted in commercially zoned districts subject to administrative site plan review and approval by planning department staff with a maximum allowance of 14 consecutive days per occurrence and no more than three occurrences per calendar year. The planning department and or City Manager may extend the 14 days in the instance of seasonal sales, but at no time shall the maximum time allowed per occurrence exceed 45 days. Such temporary retail sales shall also be subject to any fee or license requirements under § 86-1 of the City of Corunna Code book.
(b) 
Temporary outdoor sales allowed under the rules and regulations of Chapter 34, Article V, Garage Sales, utilizing a tent or canopy are exempt from zoning and licensing requirements.
(c) 
Seasonable/portable gazebos that are generally clad with some form of fabric or vinyl are exempt from zoning and licensing requirements; however, they must be kept in good conditions at all times and the coverings shall be part of the original structure or a replacement to the original structure. No makeshift coverings are allowed unless they meet appearance standards similar to the original manufacture of the structure and have approval from the building official or his or her designee. At no time shall these structures be totally enclosed in an attempt to utilized the structure for storage for anything other than their intended use such as lawn furniture, garden decor. In the event the building official believes this has occurred, he may deem the structure as permanent and said structure must adhere to all building, zoning, and licensing requirements.