[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:
(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:
(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.
[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)
ACCESSORY BUILDING
(1)
a.
b.
c.
(2)
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:
A building that:
Has a roof that is supported by columns and walls;
Is intended for the shelter or enclosure of persons, animals,
goods or chattel; and
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.
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
| |||
(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
| ||
|
(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.
(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.
