CHAPTER 152: ZONING CODE

Section

152.001 Title

152.002 Scope

152.003 Interpretation and Application

152.004 Construction of Language and Definitions

152.005 Conflicting Regulations

152.006 Permanent Vested Rights Prohibited

152.007 Area, Height and Use Exceptions

152.008 Cluster Housing Options

152.009 Single-Family Dwelling Requirements

152.010 Private Roads

Zoning Districts and Maps

152.020 Districts established

152.021 Zoning Map and Boundaries

152.022 Zoning of Vacated Areas

152.023 Zoning of Annexed Areas

152.024 District Requirements

152.035 RA-1, RA-2 One-Family Residential Districts

152.036 RM-1 Multiple-Family Residential District

152.037 MHP Mobile Home Park District

152.038 O-S Office Service District

152.039 B-1 Central Business District

152.040 B-2 General Business District

152.041 I-1 Light Industrial District

152.042 H Historic Overlay District

152.043 P-1 Vehicular Parking

152.044 Schedule of Regulations; Subdivision Open Space Plan

152.045 Special Land Use Application and Review Procedures

152.046 Review and Approval Procedures for Site Plans and Condominium Projects

152.055 Accessory Buildings

152.056 Performance Standards

152.057 Plant Materials

152.058 Residential Entranceway

152.059 Exterior Lighting

152.060 Corner Clearance

152.061 Walls

152.062 Inspection of Sewer Grades

152.063 Finished Ground Surfaces

152.064 Use Restriction

152.065 Uses Not Included Within Specific Use District

152.066 Cellular Towers and Antennae

152.080 Intent

152.081 Nonconforming Lots

152.082 Nonconforming Uses of Land

152.083 Nonconforming Structures

152.084 Nonconforming Uses of Structures and Land

152.085 Repairs and Maintenance

152.086 Uses Allowed as Conditional Uses Not Nonconforming Uses

Off-Street Parking and Loading

152.100 Off-Street Parking Requirements

152.101 Off-Street Parking Space Layout, Standards, Construction and Maintenance

152.102 Off-Street Loading and Unloading

152.103 Barrier-Free Parking Requirements

152.104 Off-Street Waiting Area for Drive-Thru Facilities

Signs

152.115 Title

152.116 Findings

152.117 Purpose

152.118 Definitions

152.119 Permit Required; Existing Signs

152.120 Application for a Sign Permit

152.121 Permit Limitations

152.122 Installations; Consent of Property Owner, of Occupant Required

152.123 Issuance and Denial of Permits

152.124 Permit Fees

152.125 Inspection of Completed Work

152.126 Permitted Signs

152.127 Maintenance of Signs

152.128 Prohibited and Unsafe Signs

152.129 Maintenance of Unlawful Signs

152.130 Granting of Sign Variance; Standards

152.131 Temporary Signs

152.132 Exemptions

152.133 Nonconforming Signs

152.134 Enforcement; Notifications of Violations

152.135 Zoning Board of Appeals

Administration and Enforcement

152.160 Enforcement Authority

152.161 Building Inspector; Duties

152.162 Zoning Commission

152.163 Planning Commission; Approvals

152.164 Plot Plan

152.165 Permit Requirements

152.166 Certificates

152.167 Changes and Amendments

152.168 Petition for Amendment; Fees

152.169 Final Inspections

152.170 Fees

152.171 Public Nuisance; Abatement

152.172 Owners Liability to Punishment

152.173 Rights and Remedies are Cumulative

152.999 Penalty

GENERAL PROVISIONS

This chapter shall be known and may be cited as the City Zoning Code.

(Ord. 102, passed 3-16-70)

No building or structure, or part thereof, shall hereafter be erected, constructed or altered and maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this chapter.

(Ord. 102, passed 3-16-70) Penalty, see § 152.999

In the interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience, or general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance other than the above described zoning chapter, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises. However, where this chapter imposes a greater restriction than is required by existing ordinance or by rules, regulations or permits; the provisions of this chapter shall control.

(Ord. 102, passed 3-16-70)

(A) Construction of Language. For the purposes of this Ordinance, certain terms or words used herein shall be interpreted as follows:

(1) The word "person" includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual.

(2) The present tense includes the future tense, and the singular number includes the plural, and the plural number includes the singular.

(3) The words "used" or "occupied" include the words "intended," "designed," or "arranged" to be used or occupied.

(4) The word "shall" is mandatory; the word "may" is permissive.

(5) The particular shall control the general.

(6) In case of any difference of meaning or implication between the text of this Ordinance and any caption or illustration, the text shall control.

(7) A "building" or "structure" includes any part thereof.

(Ord. 243, passed 11-4-96)

(B) Definitions. For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY STRUCTURE. A detached structure on the same lot and customarily incidental and subordinate to the principal structure.

ACCESSORY USE. A use on the same lot and customarily incidental and subordinate to the principal use.

ADULT ENTERTAINMENT USES. Any use of land, whether vacant or combined with structures or vehicles by which the property is devoted to, displaying or exhibiting material for entertainment, a significant portion of which includes matter or actions depicting, describing or presenting "specified sexual activities" or "specified anatomical areas."

ADULT FOSTER CARE FACILITY. A governmental or nongovernmental establishment subject to State licensing procedures and having as its principal function the receiving of adults for foster care. It includes facilities and foster care family homes for adults, who are aged, emotionally disturbed, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care.

ADULT FOSTER CARE FAMILY HOME. A private residence subject to State licensing with the approved capacity to receive not more than six (6) adults who shall be provided foster care for five (5) or more days per week, and for two (2) or more consecutive weeks. The adult foster care family home licensee shall be a member of the household and an occupant of the residence.

ADULT FOSTER CARE LARGE GROUP HOME. An adult foster care facility subject to State licensing with the approved capacity to receive at least thirteen (13), but not more than twenty (20) adults who shall be provided supervision, personal care, and protection, in addition to room and board, for twenty-four (24) hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks.

ADULT FOSTER CARE SMALL GROUP HOME. An adult foster care facility subject to State licensing with the approved capacity to receive at least 13, but not more than 20 adults who shall be provided supervision, personal care, and protection, in addition to room and board, for 24 hours a day, five or more days a week, and for two or more consecutive weeks.

ALLEY. Any dedicated public way affording a secondary means of access to abutting property, and not intended for general traffic circulation.

ALTERATIONS. Any change, addition or modification in construction or type of occupancy, or in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as ALTERED or RECONSTRUCTED.

APARTMENT. A suite of rooms or a room in a multiple-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.

AUTO REPAIR FACILITY. Any building, premises, or land in which or upon which a business, service, or industry involving the maintenance, servicing, repair, or painting of motor vehicles is conducted or rendered.

AUTO REPAIR STATION. A place where, along with the sale of engine fuels, the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; overall painting and undercoating of automobiles.

AUTO SERVICE STATION. Any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning are conducted. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted.

BASEMENT. That portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.

BLOCK. The property abutting one side of a street and lying between the two nearest intersecting streets, (crossing or terminating) or between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, river or live stream; or between any of the foregoing and any other barrier to the continuity of development, or corporate boundary lines of the municipality.

BUFFER/BARRIER. A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.

BUILDING. Any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter, or enclosure of persons, animals, chattels, or property of any kind. The word BUILDING includes the word STRUCTURE.

BUILDING ENVELOPE. That area remaining after required setbacks have been applied to a parcel of land on which a structure can be placed.

BUILDING HEIGHT. The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall.

BUILDING INSPECTOR. The Building Inspector or Official designated by the City Council.

BUILDING LINE. A line formed by the face of the building, and for the purpose of this chapter, a minimum building line is the same as a front setback line.

CAR WASH ESTABLISHMENT. A building where the primary purposes is that of washing motor vehicles, whether by the owner or driver, attendants, or mechanical devices.

CELLULAR TOWER. Means a structure used to support wireless, telecommunications antennae.

CELLULAR ANTENNAE. Means antennae used to send or receive wireless, telecommunication signals.

CLINIC. An establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists or similar professionals.

CLUBS. An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics or the like, but not operated for profit.

CLUSTER RESIDENTIAL DEVELOPMENT. A development designed for a site containing unique topographical, environmental, agricultural, or natural areas or designed as a method for infilling an appropriate parcel which is surrounded by existing development.

CONDITIONAL USE. See Special Land Use.

CONDOMINIUM ACT. Public Act 59 of 1978, as amended.

CONDOMINIUM, DETACHED. A condominium development consisting of single-family detached residential dwelling units (also known as a site condominium).

CONDOMINIUM DOCUMENTS. All documents required by the Michigan Condominium Act, Act 59 of 1978, as amended.

CONDOMINIUM PROJECT. A plan or project consisting of not less than two (2) condominium units established in conformance with the Condominium Act, Act 59 of 1978, as amended.

CONDOMINIUM SUBDIVISION PLAN. Site plan, survey, utility plans, floor plans, and sections showing the existing and proposed structures and improvements including the location. The condominium subdivision plan shall show the size, location, area, vertical boundaries, and volume for each unit comprised of enclosed air space. A number shall be assigned to each condominium unit. The condominium subdivision plan shall include the nature, location, and approximate size of common elements.

CONDOMINIUM UNIT. That portion of the condominium project designed and intended for separate ownership and use, as described in the master deed.

CONVALESCENT or NURSING HOME. A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care.

DAY CARE. Day care homes and centers are defined as follows:

"Family Day Care Home" is a private home subject to State licensing in which one (1) but less than seven (7) minor children are received for care and supervision for periods less than twenty-four (24) hours a day, unattended by a parent or guardian, except children related to an adult member of the family by blood, marriage, or adoption. Family day care home includes a home that gives care to an unrelated minor child for more than four (4) weeks during a calendar year.

"Group Day Care Home" is a private home subject to State licensing in which at least six (6) but not more than twelve (12) minor children are received for care and supervision for periods less than twenty-four (24) hours a day, unattended by a parent or guardian, except children related to an adult member of the family by blood, marriage, or adoption. Group day care home includes a home that gives care to an unrelated minor child for more than four (4) weeks during a calendar year.

(3) "Day Care Center" is a facility subject to State licensing which receives children for care, maintenance and supervision in a structure other than a private residence for less than twenty-four hours (24) per day, unattended by a parent or legal guardian, and any place, including a private residence, which receives more than seven (7) children for care, maintenance and supervision for less than twenty-four (24) hours per day, unattended by a parent or legal guardian.

DEVELOPMENT. The construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new use.

DISTRICT. A portion of the incorporated area of the municipality within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.

DRIVE-IN. A business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure.

DWELLING. A structure that is used exclusively for human habitation.

DWELLING, SINGLE-FAMILY DETACHED. A detached residential dwelling unit with or without an attached garage, other than a mobile home, designed for and occupied by one (1) family only and surrounded by open space or yards on all sides.

DWELLING, SINGLE-FAMILY ATTACHED (TOWNHOUSE). A residential structure or group of structures, each of which contains three (3) or more attached single-family dwelling units with individual rear and/or front yards designed as an integral part of each single-family dwelling unit. There are no units located over another unit(s) and each unit is separated by one (1) or more common fire resistant walls.

DWELLING, SINGLE-FAMILY SEMI-DETACHED. A single-family dwelling attached to one (1) other single-family dwelling by a common vertical wall and each dwelling located on a separate lot. The dwelling units are side by side as opposed to one (1) on top of the other.

DWELLING, TWO-FAMILY (DUPLEX). A structure on a single lot containing two (2) dwelling units, each of which is totally separated from the other by an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common exterior stairwell, if any, to both dwelling units.

DWELLING, MULTI-FAMILY. A residential structure or group of structures, each of which contains three (3) or more attached single-family dwelling units and shares common front and/or rear yards. Dwelling units can be located on top of each other, provided the maximum number of stories in any structure will be three (3).

DWELLING UNIT. One (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically independent of any other group of rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. But in no case shall a travel trailer, automobile chassis, or tent be considered a dwelling.

ERECTED. Built, constructed, altered, reconstructed, moved upon or any physical operations on the premises which are required for construction, excavation, fill, drainage and the like, shall be considered a part of erection.

ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution system, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection herewith, but not including buildings which are necessary for the furnishing of adequate services by such utilities or municipal departments for the general health, safety, or welfare.

EXCAVATION AND EXTRACTION. Includes the removal of sand, stone, gravel, minerals or fill dirt below the average grade of the surrounding land and/or road grade, whichever shall be highest. To extract is the act of removing resources from the ground by physical effort.

FAMILY. An individual or group of two or more persons related by blood, marriage or adoption, together with foster children and servants of the principal occupants, with not more than one (1) additional unrelated person who are domiciled together as a single, domestic, housekeeping unit in a dwelling unit, or a collective group of individuals domiciled together in one (1) dwelling unit whose relationship is of a continuing nontransient domestic character and who are cooking and living as a single nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization, or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature, or for an anticipated limited duration of a school term or terms, or other similar determinable period.

FARM. The carrying on of any agricultural activities or the raising of livestock or small animals as a source of income.

FLOOR AREA, RESIDENTIAL. For the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches.

FLOOR AREA, USABLE. (For the purpose of computing parking). 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 that is used or intended to be used principally for the storage or processing of merchandise, hallways or for utilities or sanitary facilities, shall be excluded from this computation of USABLE FLOOR AREA. Measurement of usable floor area shall be the sum of horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.

GARAGE, PRIVATE. An accessory building or portion of a main building designed or used solely for the storage of motor-driven vehicles, boats and similar vehicles owned and used by the occupants of the building to which it is accessory.

GARAGE, SERVICE. Any premises used for the storage or care of motor-driven vehicles, or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale.

GASOLINE SERVICE STATION. A place for the dispensing, sale or offering for sale of motor fuels directly to users of motor vehicles together with the sale of minor accessories and services for motor vehicles, but not including major automobile repair.

GRADE. The ground elevation established for the purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the dwelling.

HOME OCCUPATION. An occupation, profession, activity or use that is clearly customary, incidental and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.

(1) A building or part of a building, with a common entrance or entrances, in which the dwelling units or rooming units are used primarily for transient occupancy, and in which one or more of the following services are offered:

(a) Maid service.

(b) Furnishing of linen.

(c) Telephone, secretarial or desk service.

(d) Bellboy service.

(2) A HOTEL may include a restaurant or cocktail lounge, public banquet halls, ballrooms or meeting rooms.

JUNK YARD. An open area where wastes, used or second hand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A junkyard includes automobile wrecking yards and includes any area of more than 200 square feet for storage, keeping or abandonment or junk but does not include uses established entirely within enclosed buildings.

KENNEL, COMMERCIAL. Any lot or premise on which three or more dogs, cats or other household pets are either permanently or temporarily boarded. KENNEL shall also include any lot or premises where household pets are bred or sold.

LOADING SPACE. An off-street space on the same lot with a building, or group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

LOT. A parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this chapter. A lot may or may not be specifically designated as such on public records. The word LOT includes the words PLOT or PARCEL.

LOT, CORNER. A lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this chapter if the arc is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees.

LOT, INTERIOR. Any lot other than a corner lot.

LOT, THROUGH. Any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all sides of those lots adjacent to streets shall be considered frontage, and front yards shall be provided as required.

LOT, ZONING.

(1) A single tract of land, located within a single block, which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control.

(2) A ZONING LOT shall satisfy this chapter with respect to area, size, dimensions and frontage as required in the district in which the ZONING LOT is located. A ZONING LOT therefore, may not coincide with a lot of record as filed with the County Register of Deeds, but may include one or more lots of record.

LOT AREA. The total horizontal area within the lot lines of the lot.

LOT COVERAGE. The part or percent of the lot occupied by buildings including accessory buildings.

LOT DEPTH. The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.

LOT LINES. The lines bounding a lot as defined herein:

(1) FRONT LOT LINE. In the case of an interior lot, is the line separating the lot from the street. In the case of a corner lot, or double frontage lot, is that line separating the lot from either street.

(2) REAR LOT LINE. That lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet long lying farthest from the front lot line and wholly within the lot.

(3) SIDE LOT LINE. Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

LOT OF RECORD. A parcel of land, the dimensions of which are shown on a document or map on file with the County Register of Deeds or in common use by the municipal or county officials, and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.

LOT WIDTH. The horizontal distance between the side lot lines, measured at the two points where the building line, or setback line intersects the side lot lines.

MAIN BUILDING. A building in which is conducted the principal use of the lot upon which it is situated.

MAIN USE. The principal use to which the premises are devoted and the principal purpose for which the premises exists.

MAJOR THOROUGHFARE. An arterial street which is intended to serve as a large volume traffic way for both the immediate municipal area and the region beyond, and is designated as a major thoroughfare, parkway, freeway, expressway or equivalent term on the Major Thoroughfare Plan to identify those streets comprising the basic structure of the Major Thoroughfare Plan.

MANUFACTURED HOUSING. A dwelling fabricated in an off-site manufacturing facility for installation or assembly at the building site and bearing a label certifying that it is built in compliance with federal standards.

MASTER PLAN. The Comprehensive Plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the municipality, and includes any unit or part of such plan, and any amendment to such plan or parts thereof. Such plan may or may not be adopted by the Planning Commission and/or the Council.

MEZZANINE. An intermediate floor in any story occupying not to exceed one-third of the floor area of such story.

MOBILE HOME. A detached single-family structure, transportable in one or more sections, which is built on a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure.

MOBILE HOME PARK. A park licensed under provisions of the Mobile Home Commission Act, being Act 96 of 1987, as amended. Furthermore, a mobile home park is a parcel or tract of land under the control of a person or corporation upon which three (3) or more mobile homes are located on a continual, nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made therefore, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home.

MODULAR HOME. Factory built housing certified as meeting the United States Department of Housing and Urban Development (HUD) standards as applicable to modular housing.

MOTEL. A series of attached, semi-detached or detached rental units containing a bedroom, bathroom and closet space. Units shall provide for overnight lodging and are offered to the public for compensation, and shall cater primarily to the public traveling by motor vehicle.

MUNICIPALITY. The City of West Branch.

NONCONFORMING BUILDING. A building or portion thereof lawfully existing at the effective date of this chapter, or amendments thereto and that does not conform to the provisions of the chapter in the district in which it is located.

NONCONFORMING LOT. A lot with dimensions which conflict with the provisions of this Ordinance.

NONCONFORMING STRUCTURE. A structure conflicting with the regulations of the district in which it is located.

NONCONFORMING USE. A use of land or a structure for purposes which conflict with the provisions of this Ordinance.

NURSERY, PLANT MATERIALS. A space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping. The definition of NURSERY within the meaning of this chapter does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.

NUISANCE FACTORS. An offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as: noise, dust, smoke, odor, glare, fumes, flashes, vibration, shock waves, heat, electronic or atomic radiation, objectionable effluent, noise or congregation of people, particularly at night, passenger traffic and invasion of non-abutting street frontage by traffic.

OFF-STREET PARKING LOT. A facility providing vehicular parking spaces along with adequate drives and aisles, for maneuvering, so as to provide access for entrance and exit for the parking of more than three vehicles.

OPEN FRONT STORE. A business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter the structure. The term OPEN FRONT STORE shall not include automobile repair stations or automobile service stations.

PARKING SPACE. An area of definite length and width, said area shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the storage or parking of permitted vehicles.

PRIVATE ROAD. A way open to vehicular ingress and egress established as a separate tract for the benefit of certain, adjacent properties. This definition shall not apply to driveways.

PERSON. Includes CORPORATION, COPARTNERSHIP and ASSOCIATION, as well as an INDIVIDUAL.

PUBLIC ROAD. All public property reserved or dedicated for street traffic.

RESTAURANT. Shall include the following:

(1) STANDARD RESTAURANT. Any establishment whose principal business is the sale of food, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design or principal method of operation includes one or both of the following characteristics:

(a) Customers, normally provided with an individual menu, are served their foods, frozen desserts, or beverages by a restaurant employee at the same table or counter at which said items are consumed.

(b) A cafeteria-type operation where foods, frozen desserts, or beverages generally are consumed within the restaurant building.

(2) FAST-FOOD RESTAURANT. Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building, by means of a drive-up or drive-through window or by carry-out with consumption off the premises, and whose design or principal method of operation includes both of the following characteristics:

(a) Foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposal containers either directly to the customer or by means of a drive-through or drive-up window.

(b) The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is posted as being prohibited and such prohibition is strictly enforced by the restaurateur.

DRIVE-IN RESTAURANT. A drive-in restaurant is any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design, method of operation, or any portion of whose business includes one or both of the following characteristics:

(a) Foods, frozen desserts, or beverages are served directly to the customer in a motor vehicle either by a carhop or by other means, which eliminate the need for the customer to exit the motor vehicle, including by means of a drive-through or drive-up window.

(b) The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is allowed, encouraged, and permitted.

(4) CARRY-OUT RESTAURANT. An establishment that by design of the physical facilities, service, or packaging sells prepared ready-to-eat foods intended primarily to be consumed off the premises.

ROADSIDE STANDS. Retail outlets with all related structures used primarily for the sale of farm produce grown on the farm upon which such stand is located.

ROOM. For the purpose of determining lot area, requirements and density in a multiple-family district, a living room, dining room, and bedroom, equal to at least 80 square feet in area. A room shall not include the area in kitchen, sanitary facilities, utility provisions, corridors, hallways and storage. Plans presented showing one, two or three bedroom units and including a den, library or other extra room shall count such extra room as a bedroom for the purpose of computing density.

SETBACK. The distance required to obtain front, side or rear yard open space provisions of this chapter.

SIGN. The use of any words, numerals, figures, devices, designs or trademarks by which anything is made known such as are used to show an individual, firm profession or business, and are visible to the general public.

SIGN, ACCESSORY. A sign, which is accessory to the principal use of the premises.

SIGN, NONACCESSORY. A sign, which is not accessory to the principal use of the premises.

SPECIAL LAND USE. Any use of land listed as a Special Land Use which, due to its potential effect on adjacent lands, in particular, and the overall City in general, requires approval by the Planning Commission according to the standards as provided in this Ordinance.

STORY. That part of a building, except a mezzanine as defined herein, included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. A story thus defined shall not be counted as a story when more than 50%, by cubic content, is below the height level of the adjoining ground.

STORY HALF. An uppermost story lying under a sloping roof having an area of at least 200 square feet with a clear height of seven feet six inches. For the purpose of this chapter the usable floor area is only that area having at least four feet clear height between floor and ceiling.

STREET. A public dedicated right-of-way, other than an alley, which affords the principal means of access to abutting property.

STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

TEMPORARY USE or BUILDING. A use or building permitted by the Board of Appeals to exist during periods of construction of the main building or use, or for special events.

USE. The principal purpose, for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.

USED or OCCUPIED. Includes the words INTENDED, DESIGNED or ARRANGED TO BE USED OR OCCUPIED.

UTILITY OR PUBLIC SERVICE BUILDINGS. Any person, firm, corporation, municipal department or board, duly authorized under state or municipal regulation to furnish, and furnishing: transportation, water, gas, electricity, telephone, steam, telegraph, or sewage disposal and other services to the public.

WETLAND. Land characterized by the presence of water at a frequency and duration sufficient to support, and, that under normal circumstances does support, wetland vegetation or aquatic life and is commonly referred to as a bog, swamp, or marsh and which is any of the following:

Contiguous to the Great Lakes or Lake St. Clair, an inland lake or pond, or a river or stream.

Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream; and more than five

(5) acres in size; except this subdivision shall not be of effect, except for the purpose of inventorying, in counties of less than one hundred thousand (100,000) population until the Michigan Department of Natural Resources certifies to the commission of natural resources it has substantially completed its inventory of wetlands in that county.

Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream; and five (5) acres or less in size if the Michigan Department of Natural Resources determines that protection of the area is essential to the preservation of the natural resources of the state from pollution, impairment, or destruction and the department has so notified the owner; except this subdivision may be utilized regardless of wetland size in a county in which subdivision (B) is of no effect; except for the purpose of inventorying, at the time.

YARDS. The open spaces on the same lot with a main building, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter, and as defined herein:

(1) FRONT YARD. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.

(2) REAR YARD. An open space extending the full width of the lot the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. In the case of a corner lot, the rear yard may be opposite either street frontage.

(3) SIDE YARD. An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the main building.

ZONING DISTRICT. A portion of the City within which, on a uniform basis, certain uses of land and buildings are permitted and within which contain yard, open spaces, lot area, and other requirements as established by this Ordinance.

(Ord. 102, passed 3-16-70, Am. Ord. 243, passed 11-4-96; Am. Ord. 253, passed 8-17-98)

Wherever 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 then are imposed or required by this chapter, then the provisions of such ordinance shall govern.

(Ord. 102, passed 3-16-70)

Nothing in this chapter shall be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and, they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety and welfare.

(Ord. 102, passed 3-16-70)

The regulations in this chapter shall be subject to the following interpretations and exceptions:

(A) Essential services. Essential services shall be permitted as authorized and regulated by law and other ordinances of the City it being the intention hereof to exempt such essential services from the application of this chapter.

(B) Voting place. The provisions of this chapter shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

(C) Height limit. The height limitations of this chapter shall not apply to farm buildings, chimneys, church spires, flag poles, public monuments or wireless transmission towers; provided, however, that the Board of Appeals may specify a height limit for any such structure when that structure requires authorization as a conditional use.

(D) Lot area. Any lot existing and of record at the time this chapter becomes effective may be used for any principal use permitted, other than conditional uses for which special lot area requirements are specified in this chapter, in the district in which such lot is located whether or not such lot complies with the lot area requirements of this chapter, except as provided in §§ 152.080 through 152.086. This use may be made provided that all requirements other than lot area requirements prescribed in this chapter are complied with, and provided that not more than one dwelling unit shall occupy any lot except in conformance with the provisions of this chapter for required lot area for each dwelling unit.

(E) Lots adjoining alleys. In calculating the area of a lot that adjoins an alley or lane, for the purpose of applying lot area requirements of this chapter, one-half the width of such alley abutting the lot shall be considered as part of such lot.

(F) Yard regulations. When yard regulations cannot reasonably be complied with, as in the case of a planned development in the multiple-family district, or where their application cannot be determined on lots of peculiar shape, topography or due to architectural or site arrangement, such regulations may be modified or determined by the Board of Appeals.

Multiple dwelling side yard. For the purpose of side yard regulations, a row house or a multiple dwelling shall be considered as one building occupying one lot. When more than one structure is involved on one zoning lot, the above requirement shall not negate the formula contained in § 152.044(A)(e) pertaining to the distance spacing for multiple dwellings.

Porches. An open, unenclosed and uncovered porch or paved terrace may project into a front yard for a distance not exceeding ten feet, but this shall not be interpreted to include or permit fixed canopies.

(I) Projections into yards. Architectural features, not including vertical projections, may extend or project into a required side yard not more than two inches for each one foot of width of such side yard; and may extend or project into a required front yard or rear yard not more than three feet.

(J) Residential yard fences. Fences or walls of not more than six feet in height may be constructed in residential districts within a required rear or side yard, and not more than 30 inches in height within a required front yard, for example, along the property line.

(K) Access through yards. For the purpose of this chapter, access drives may be placed in the required front or side yards so as to provide access to rear yards and/or accessory or attached structures. These drives shall not be considered as structural violations in front and side yards. Further, any walk, terrace or other pavement servicing the like function, and not in excess of nine inches above the grade upon which placed, shall for the purpose of this chapter not be considered to be a structure and shall be permitted in any required yards.

(Ord. 102, passed 3-16-70, Am. Ord. 243, passed 11-4-96)

(A) Purpose. The purpose of the cluster housing option is to permit the development of single-family dwellings in an attached or detached residential pattern, which, through design innovation, will:

(1) allow greater flexibility;

(2) encourage a more creative approach to the development of single-family residential areas;

(3) encourage a more efficient, aesthetic, and desirable use of the land;

(4) provide a more desirable living environment through the preservation and conservation of natural features such as topography, wetlands, woodlands, bodies of water, and other natural assets;

(5) provide for optimum setbacks from major thoroughfares and/or freeways;

(6) provide for the sound physical development and handling of site situations where a conventional subdivision approach would be unnecessarily restrictive.

(B) Special approval and site plan review required.

Cluster housing may be permitted in the RA-1 and RA-2 Districts under such conditions as the Planning Commission, following public hearings affording the same notice as provided for in a zoning amendment (with all costs of publication to be paid by the applicant), finds that the proposed use is not injurious to the district and surrounding area and is not contrary to the spirit and purpose of this ordinance, subject further to the review by the City Council and approval thereof.

In order to determine whether special approval may be granted, the submission of a site plan, as set forth in Section 152.046 Site Plan review will be required. During site plan review, the Planning Commission shall consider parking requirements, ingress and egress access, greenbelt plantings, landscaping, utility easements, drainage patterns, outdoor lighting and all other allowances, restrictions, prohibitions or conditions that will have the effect of causing the proposed cluster housing development to be compatible with neighboring parcels and the spirit of the zoning ordinance. The City Council shall consider the same breadth of items and shall base the approval or disapproval of any proposed development on the adequacy or appropriateness of any cluster development's amenities, physical layout and practicality.

(C) Qualifications of Parcels. In order for the Cluster Housing Option designation for a parcel of land zoned either RA-1 or RA-2 the parcel must meet one or more of the following characteristics:

(1) The parcel contains natural assets, which would be preserved through the use of cluster development. Such assets may include natural stands of large trees, land which serves as a natural habitat for wildlife, wetlands, bodies of water (streams, rivers, and lakes), unusual topographic features or other natural assets, which should be preserved. Requests for qualification under these conditions must be supported by documented evidence.

(2) The parcel contains major topographical conditions, which make development under the normal subdivision approach impractical. In considering qualification under this Subsection, the City shall determine that the following conditions exist, where applicable:

(a) The natural landforms are so arranged that the change of elevation within the site includes slopes in excess of the 15% between these elevations. These elevation changes and slopes shall appear as the predominant feature of the site rather than the exceptional or infrequent feature of the site.

(b) Mass grading of the site would be necessary if developed without the Cluster Housing Option.

(c) The use of one-family clusters will allow for a greater preservation of a desirable natural setting.

(3) The parcel contains substantial portions of flood plain and a wetlands map, certified by the appropriate federal, state, or county agency, indicating the extent of the wetlands and flood plain area, shall be submitted to the City in order to support the proposal for the parcel's qualification for cluster development.

(4) The parcel is either too small or unusually shaped to be reasonably platted as a conventional subdivision.

(D) Site Design Requirements. All Cluster Housing Option developments submitted shall conform to the following site design requirements.

Minimum total site area is 1/2 acre.

A minimum of 20% of the total site area shall be designated and preserved as common open space. The computation of designated open space shall not include: rights-of-way or easements designated for road purposes; or, any area within 30 feet of a dwelling unit. 50% of land which is under water (lakes, streams, water courses, and other similar bodies of water), or an area to be improved into a lake or pond may be included in the calculation of the designated open space. Wetlands regulated by the Michigan Department of Natural resources may be included in the calculation of designated open space.

(3) Maximum densities shall not exceed 4.0 units per acre in either the RA-1 or RA-2 districts excluding land located within a designated 100-year flood plain.

(4) In the case of single-family detached units, the following yard requirements shall be applied:

Minimum Setbacks Per Unit

Front Side Rear

RA-1, RA-2 25' 7' 25'

(5) In the RA-1 and RA-2 Districts, up to 75% of the total number of dwelling units may be attached, provided that individual buildings shall not include more than four attached dwelling units. In single-family districts up to 100% of the total number of dwelling units may be attached provided that individual buildings shall not include more than four attached dwelling units. In the case of single-family attached units, setback requirements are governed by the district in which the development is located.

Minimum Setbacks

From internal street rights-of-way easements From perimeter for ingress and egress property boundaries RA-1,RA-2 25' 50'

Minimum Distance Between Buildings Based on Building Orientation

Side/side Side/front Front/front Side/rear Rear/rear RA-1,RA-2 20' 35' 50'

(6) No building shall be located closer than 50 feet from the ordinary high water mark of a body of water (lake, pond, creek, river, etc.)

(7) All open space and common areas shall have a demonstrated means of maintenance.

Reasonable timeliness of completion; schedule of construction to be submitted with site plan; performance bond required. Applicant shall complete the project as approved by the Planning Commission and the City Council within 18 months of the start of construction. The start of construction shall commence within one year of final Council approval of the project. A schedule of construction phases shall be submitted with the original site plan. Any deviation from an approved site plan and/or completion schedule shall be allowed only as approved by the Planning Commission with confirmation by the City Council. Applicant shall submit a performance bond to cover the projected costs of all public and common area improvements.

Violations. Any person, firm, or corporation violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction, shall be subject to fines and imprisonment as provided for in § 152.999.

(Ord. 102, passed 3-16-70; Am. Ord. 219, passed 7-20-92)

The intent of this Section is to regulate single-family dwellings, to prescribe uniform standards, to provide for inspection and enforcement, to provide conditions and limitations for the construction and occupancy to protect surrounding areas from depressed property values and to protect the safety, health, and welfare of the residents and occupants. These regulations do not apply to mobile home parks.

(A) No person, firm or corporation shall construct, build, or place a single-family dwelling on any lot without first obtaining a building permit from the City.

(B) Before a building permit may be issued for the construction of a single-family dwelling, the applicant must first petition the City Manager for a permit and shall submit two (2) sets of a lot layout plan which shall contain the following information:

(1) Statistical data including name and address of owner, size of lot, zoning classification, location of sewer and water, results of perk test, square feet and number of rooms together with any other requirements as are reasonable and that the City Manager may require.

(2) A plan drawn to scale of 1" = 20' showing the proposed layout of home, with driveway, auto parking, landscaping, water and sewer locations and any other information the City Manager deems necessary.

(3) The City Manager shall review the plan and communicate his or her approval or recommend plan modification to the applicant. In cases where modifications have been recommended, the applicant shall submit a new plan to the City Manager for review.

(4) The City Manager shall approve the plan only upon a finding that the proposed construction will not, upon the facts shown, cause undue hardships, create unsafe or hazardous health or safety conditions and that the proposed home should not depress real property values or be inconsistent with aesthetics of the immediate surrounding neighboring homes as determined in §152.009 (F).

(5) The final plan, as submitted by the applicant, may be disapproved for any inadequacy found to be detrimental to the character or real property values of the neighborhood or detrimental to the public health, safety, and general welfare.

(6) Any such disapproval may be appealed to the Zoning Board of Appeals, unless such appeal is properly directed to the Board of Construction Appeals.

(C) All single-family dwellings shall be subject to the requirements of the City Zoning and Building Code, as amended. All such dwellings shall also be subject to all other laws and ordinances that pertain to such dwellings.

The following general requirements are necessary to facilitate the orderly placement of new dwellings in single-family districts in conjunction with existing dwellings; to assure adequate construction and health standards; to provide for the development of safe, economical housing in the community; and to maintain property values.

(1) Single-family dwellings, including attached additions, and detached accessory structures shall comply with the minimum lot size, floor area, and setback requirements, and height limitations for the district in which the dwelling is proposed.

(2) A single-family dwelling shall be constructed to meet or exceed the requirements of the City Building Code or the current United States Department of Housing and Urban Development (HUD) Mobile Home Construction and Safety Standards, as may be amended, whichever is applicable. Each modular or mobile home dwelling must bear an approved HUD certification label.

(3) All dwellings shall be firmly anchored to a permanent foundation to restrain potential displacement resulting from wind velocity. The foundation shall be designed to completely enclose the perimeter of the dwelling and all attached additions, and shall be constructed in conformance with the City Building Code. If the dwelling is a mobile home, it shall, in addition, also comply with the manufacturer's pillar placement and load bearing capacity specifications, as may be applicable.

(4) All dwellings shall be connected to either municipal sanitary sewer and water service, to private on-site facilities, or to individual well and septic systems as may be approved by the appropriate agencies.

(5) Prior to installation of a modular or mobile home dwelling on the permanent foundation, any wheels and towing mechanism, including tongue, hitch assembly, and any other towing apparatus shall be completely removed. Axles may remain, although tires shall be removed.

(E) The following miscellaneous requirements shall apply to all residential dwellings.

(1) Such dwellings shall provide a minimum width and depth of at least twenty-four (24) feet over eighty (80%) percent of any such width or depth dimension in any zoning district.

(2) Such dwellings shall have an overhang or eave as required by the building code for residential dwellings or be similar to the surrounding residential neighborhood.

(3) Any type of roofing materials generally acceptable and applied in a manner resulting in an appearance similar to traditionally site-built dwellings in the vicinity may be used on the roof of the dwelling, attached additions, and detached accessory structures.

(4) Dwellings shall have no fewer than two (2) exterior doors, one (1) of which shall enter upon a main living area of the dwelling, with the other located in either the rear or side.

(5) Steps designed to provide safe, convenient access to each exterior door shall be provided to the door area, or to porches accessible to the door area, when required by a difference in elevation between the doorsill and the surrounding grade.

(6) Dwellings shall be provided with exterior finished materials similar to that found in the surrounding residential neighborhood.

(7) Dwellings shall have an exterior wall configuration, which represents an average width-to-depth or depth-to-width ratio, which does not exceed three-to-one, or is in reasonable conformity with the configuration of dwelling units in the surrounding residential neighborhood.

(8) Additions attached to the dwelling shall be constructed in conformance with the requirements of the City Zoning Ordinance, City Building Code, HUD Mobile Home Construction and Safety Standards, and/or other laws and ordinances, as applicable.

(9) Detached accessory buildings shall be located on the lot or parcel in conformance with regulations for the placement of accessory buildings of this zoning ordinance.

(10) The dwelling shall contain a storage area in a basement located underneath the dwelling, in an attic area, in closet areas or in a separate structure of standard construction similar to, or of better quality than, the principal dwelling, which storage area shall be equal to 10% percent of the square footage of the dwelling or 100 square feet, whichever is less.

(F) The dwelling shall be aesthetically compatible in design and appearance with other residences in the vicinity. The compatibility of design and appearance shall be determined in the first instance by the City Manager upon review of the plans submitted for a particular dwelling, subject to appeal by an aggrieved applicant to the Zoning Board of Appeals within a period of fifteen (15) days from the receipt of notice of the City’s decision. Any determination of compatibility shall be based upon the following standards:

(1) Architectural style is not restricted. Evaluation of the appearance of a project shall be based on the quality of its design and relationship to surroundings residences.

(2) Buildings shall have a good scale and be in harmonious conformance with permanent neighboring development.

(3) Materials shall have good architectural character and shall be selected to promote harmony of the building with adjoining buildings.

(a) Materials shall be selected for suitability to the type of buildings and the design in which they are used. Buildings shall have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways.

(b) Materials shall be of durable quality.

(c) In any design in which the structural frame is exposed to view, the structural materials shall be compatible within themselves and harmonious with their surroundings.

(d) Building components, such as windows, doors, eaves, and parapets, shall have good proportions and relationships to one another.

(e) Mechanical equipment or other utility hardware on roof, ground, or buildings shall be screened from public view.

(Ord. 243, passed 11-4-96)

Private Roads Permitted. Private roads are permitted provided they conform to the requirements of this Section.

Construction Standards and Road Geometrics. The creation of a road that serves a division of land or a development which consists of one or more principal buildings, other than a subdivision as defined by the Subdivision Control Act of 1967, shall meet or exceed the cross-sectional construction standards established by the City of West Branch for public roads except that the paving of a private road is not required unless three (3) or more principal buildings gain access from the private road.

(C) Maintenance Agreement. An agreement shall specify how the costs for paving the road initially, or when the third principal building is created, will be paid. If the maintenance agreement fails to so specify, the City Council may apportion the paving costs via a special assessment to all benefiting property owners or decide that all the costs should be borne by the creator of the third principal building, whichever under the circumstances, seems fair following a hearing at which each of the affected property owners are notified by mail at least ten (10) days before the hearing.

(D) Right-of-Way Width. All private roads shall have a minimum right-of-way easement of at least sixty-six (66) feet or the current City of West Branch designated right-of-way width, whichever is greater.

(E) Dedication of Rights-of-Way or Easements. While not required to be dedicated to the public, no structure or development activity shall be established within approved rights-of-way or easements. All plans, as submitted for approval, must show the private road easement including a legal description, and must include the grades for these roads.

(F) Cul-de-sacs. Cul-de-sacs shall meet or exceed the City of West Branch cross-section specifications and:

(1) Any cul-de-sac shall terminate at the property line except when precluded by a natural barrier or when the cul-de-sac terminates at the last available building envelope, lot or parcel within the development and that building envelope, lot or parcel fronts upon the cul-de-sac.

(2) Frontage measurements along a cul-de-sac shall be measured at the front setback line and at right angles to the lot depth.

(3) Not more than four (4) principal buildings shall have frontage on a cul-de-sac.

(G) Limit on Length. Private roads with only one connection to a City road or state highway or another approved private road meeting the requirements of this Ordinance shall not be longer than two thousand (2,000) feet.

(H) Maximum Number of Principal Single-Family Dwellings Served. No more than twenty-five (25) principal buildings may gain access to a single private road where one (1) point of intersection is provided between a private road and a public road. No more than seventy-five (75) principal buildings may gain access to a single private road where two or more points of intersection are provided between a private road and a public road. Where more than seventy-five (75) principal buildings are served, the road shall be a paved public street designed and constructed to the City of West Branch street standards.

(I) Road Construction Application. Application for road construction shall be made at the same time as application for land division and at least twenty-one (21) days prior to the meeting date for which the applicant requests consideration. Prior to approval by the City Planning Commission, the applicant shall prepare and provide ten (10) sets of a general property development plan. The following additional information shall be submitted:

Road maintenance agreement signed by applicant/owner(s) to be recorded with the City Clerk and Ogemaw County Register of Deeds providing for:

(a) A method of financing the maintenance of such road in order to keep the road up to properly engineered specifications and free of snow or debris.

(b) A workable method of assessing the costs of maintenance and improvements to current and future users.

(c) A notice that if repairs and maintenance are not made, the City Council may bring the road up to established City standards for public roads and assess owners of parcels on the private road for the improvements, plus an administrative fee in the amount of twenty-five (25) percent of total costs.

(d) A notice that no public funds of the City of West Branch are to be used to build, repair, or maintain the private road.

(2) Road easement agreement signed by the applicant/owner(s) to be recorded with the City Clerk and Ogemaw County Register of Deeds providing for:

(a) Easements to the public for purposes of emergency and other public vehicles and for whatever public utility services are necessary.

(b) A provision that the owners of the properties using the road shall refrain from prohibiting, restricting, limiting or in any manner interfering with normal ingress and egress and use by any of the other owners. Normal ingress and egress and use shall include use by family, guests, invitees, vendors, tradesman, delivery persons, and others bound to or returning from any of the properties and having a need to use the road.

(J) Application Review and Approval or Rejection.

(1) The following information shall be submitted to the City Manager: a site plan for the private road, proposed road maintenance agreement and road easement agreement. The City Manager shall submit the private road site plan to the City Planning Commission and City Engineer for review and comment. The proposed road maintenance agreement and road easement agreement shall be sent to the City Attorney and City Engineer for review and comment.

(2) The recommendations of the City Manager, City Attorney, and City Engineer shall be forwarded to the Planning Commission for its recommendation.

(3) The reports of the City Manager, City Attorney, and City Engineer and the recommendation of the Planning Commission shall be forwarded to the City Council who shall be responsible for granting final approval for the private road.

(4) If the private road application is approved by the City Council, construction authorization will be issued by the City Manager. If the application is rejected, the reasons for the rejection and any requirements for approval shall be given in writing to the applicant.

(5) The City Manager will arrange for inspections by the City Engineer during construction and upon completion of the private road.

The above standards shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the standard designed home.

(K) Failure to Perform. Failure by the applicant to begin construction of the private road within one (1) year from the date of approval shall void the approval and a new plan shall be required by the City. A private road shall be completed within one and one-half (1-1/2) years of the date of approval.

(L) Issuance of Building Permit for Structures on Private Roads. No building permit shall be issued for a structure on any private road until such private road is given final approval by the City Council.

Posting of Private Roads. All private roads shall be designated as such and shall be clearly posted with a clearly readable name, which can be easily seen in an emergency. The sign shall be paid for, posted, and thereafter maintained by the property owner's association or developer.

(N) Private Roads Serving Only One Single-Family Dwelling. When a private road serves only one (1) residential unit, compliance with the established standards of the City of West Branch for public roads is not required. However, in the event any divisions of land are thereafter made, or the private road serves an additional principal building, then such road shall comply with the established cross-sectional standards of the City of West Branch for public roads except that it need not be paved unless required by Subsection B above. Further, a performance guarantee may be required.

(O) Notice of Easements. All purchasers of property where a private road provides access to the premises shall, prior to closing of the sale, receive from the seller a notice of easement, in recordable form, substantially conforming to the following:

"This parcel of land has private road access across a permanent sixty-six (66) foot easement which is a matter of record and a part of the deed. This notice is to make Purchaser aware that this parcel of land has egress and ingress over this easement only. Neither the County nor City has any responsibility for maintenance or upkeep of any improvement across this easement. This is the responsibility of the owners of record. The United States mail service and the local school district are not required to traverse this private improvement and may provide service only to the closest public access. (Maintenance of Private Roads Act, PA 139 of 1972, as amended.)"

(P) Fees. An application fee shall be established by resolution of the City Council. Before final approval, any costs incurred by the City shall be paid for by the applicant.

(Ord. 243, passed 11-4-96)

ZONING DISTRICTS AND MAPS

For the purpose of this chapter, the City is hereby divided into the following districts:

RA-1 One-Family Residential District

RA-2 One-Family Residential District

RM-1 Multiple-Family Residential District

MHP Mobile Home Park District

O-S Office Service District

B-1 Central Business District

B-2 General Business District

I-1 Light Industrial District

H Historic Overlay District

P-1 Parking District

(Ord. 102, passed 3-16-70, Am. Ord. 243, passed 11-4-96)

§ 152.021 ZONING MAP AND BOUNDARIES.

(A) The boundaries of these districts are hereby established as shown on the Zoning Map, City of West Branch Zoning Ordinance, which accompanies this Ordinance, and which map, with all notations, references and other information shown thereon, shall be as much a part of this Ordinance as if fully described herein.

(B) The Zoning Map shall be kept on display in the City Hall and descriptions accompanying enacted amendments to the Zoning Map shall be displayed adjacent to the map until such time as the map is corrected. The Zoning Map shall be the final authority as to the current zoning status in the City.

District boundaries interpreted. Where uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning Map, the following rules shall apply:

(1) Boundaries indicated, as approximately following the centerlines of the streets, highways, or alleys, shall be construed to follow such centerlines.

(2) Boundaries indicated, as approximately following platted lot lines shall be construed as following such lot lines.

(3) Boundaries indicated as approximately following corporate limits shall be construed as following corporate limits.

(4) Boundaries indicated as following railroad lines shall be construed to be the midway between the main tracks.

(5) Boundaries indicated as parallel to or extensions of features indicated in Subsections 1 through 4 above shall be so construed. Distances not specifically indicated on the official Zoning Map shall be determined by the scale of the map.

(6) Where physical or natural features existing on the ground are at variance with those shown on the official Zoning Map, or in other circumstances not covered by Subsections 1 through 5 above, the Board of Appeals shall interpret the district boundaries.

(7) Insofar as some or all of the various districts may be indicated on the Zoning Map by patterns which, for the sake of map clarity, do not cover public rights-of-way it is intended that such district boundaries do extend to the center of any public right-of-way.

(Ord. 102, passed 3-16-70, Am. Ord. 243, passed 11-4-96)

Whenever any street, alley or other public way, within the City shall have been vacated by official governmental action, and when the lands within the boundaries thereof attach to and become a part of the land formerly within such vacated street, alley or public way shall automatically, and without further governmental action, thenceforth acquire and be subject to the same zoning regulations as are applicable to the lands to which same shall attach, and the same shall be used for that same use as is permitted under this chapter for such adjoining lands.

(Ord. 102, passed 3-16-70)

Any areas, annexed to the City shall immediately upon that annexation be automatically classified as an RA-2 District until a Zoning Map district for that area has been adopted by the City Council. The Planning Commission shall recommend appropriate zoning for such area within three months after the matter is referred to it by the City Council.

(Ord. 102, passed 3-16-70)

All buildings and uses in any district shall be subject to the provisions of §§ 152.002, 152.005 and 152.007 and §§ 152.055 through 152.102 and § 152.167.

(Ord. 102, passed 3-16-70)

ZONING DISTRICT REGULATIONS

These One-Family Residential Districts are designed to be composed of low-density residential home development. The regulations are intended to stabilize, protect, and encourage the residential character of the District and prohibit activities not compatible with a residential neighborhood. Development is limited to single family dwellings plus such other uses as schools, parks, churches and certain public facilities, which serve residents of the District.

(A) Principal Uses Permitted

In One-Family Residential Districts no building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided in this chapter:

(1) Adult foster care family homes and adult foster care group homes consisting of six (6) or less residents.

(2) Family day care homes.

(3) Publicly owned and operated libraries, parks, parkways, and recreational facilities.

(4) Single-family residential dwellings.

(5) Accessory buildings, structures, and uses customarily incidental to the above Permitted Uses.

(B) Special land uses.

The following uses are considered Special Land Uses within the district and may be approved by the Planning Commission subject to the applicable general and specific standards in §152.045:

(1) Adult foster care facilities or group homes.

(2) Bed and Breakfast Inns.

(3) Cemeteries.

(4) Churches, synagogues, and other places of worship.

(5) Cluster residential development. (See §152.008)

(6) Colleges, universities, and other such institutions of higher learning.

(7) Day care centers, group day care homes, and nursery schools.

(8) Duplex (two-family residential structure).

(9) Home occupations.

(10) Municipal facilities and public, semi public, and private institutional buildings.

(11) Nonprofit recreational areas and recreation facilities when not operated for profit and primarily intended to serve City residents.

(12) Public, parochial and private elementary, intermediate and/or secondary schools offering courses in general education, not operated for profit.

(13) Utility and public service buildings and uses (without storage yards) when operating requirements necessitate the locating of said facilities within the district in order to serve the immediate vicinity.

(14) Accessory buildings, structures, and uses customarily incidental to the above Special Land Uses.

(C) Site development standards.

(1) Schedule of Regulations - § 152.044.

(2) Site Plan Review - § 152.046.

(3) Parking and Loading-Unloading Standards - § 152.100.

(4) Sign Standards - § 152.115.

(Ord. 102, passed 3-16-70, Am. Ord. 243, passed 11-4-96)

§ 152.036 RM-1 MULTIPLE-FAMILY RESIDENTIAL DISTRICTS.

The RM-1 Multiple-Family Residential Districts are designed to provide sites for multiple-family dwelling structures, and related uses, which will generally serve as zones of transition between the nonresidential districts and the lower density One-Family Residential Districts. The Multiple-Family Districts are further provided to serve the limited needs for the apartment type of unit in an otherwise low density, single-family community.

(A) Principal uses permitted.

In a Multiple-Family District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses less otherwise provided in this chapter:

(1) Adult foster care family homes, and adult foster care group homes.

(2) Duplex (two-family residential structure).

(3) Elderly housing and congregate care facilities.

(4) Family day care homes.

(5) Group day care homes.

(6) Multiple-family developments (including townhouses).

(7) Accessory buildings, structures, and uses customarily incidental to the above Permitted Uses.

(B) Special land uses.

The following uses are considered Special Land Uses within the district and may be approved by the Planning Commission subject to the applicable general and specific standards in § 152.045.

(1) Churches, synagogues, and other places of worship.

(2) Convalescent or nursing home.

(3) Day care centers, nursery schools, and day nurseries.

(4) Hospitals.

(5) Nonprofit recreational areas and recreation facilities when not operated for profit and primarily intended to serve City residents.

(6) Public, parochial and private elementary, intermediate and/or secondary schools offering courses in general education, not operated for profit.

(7) Tourist homes and tourist rooms.

(8) Utility and public service buildings and uses (without storage yards) when operating requirements necessitate the locating of said facilities within the district in order to serve the immediate vicinity.

(9) Accessory buildings, structures, and uses customarily incidental to the above Special Land Uses.

(C) Site development standards.

(1) Schedule of Regulations - § 152.044.

(2) Site Plan Review - § 152.046.

(3) Parking and Loading-Unloading Standards - § 152.100.

(4) Sign Standards - § 152.115.

(Ord. 102, passed 3-16-70, Am. Ord. 243, passed 11-4-96)

§ 152.037 MHP MOBILE HOME PARK DISTRICT.

It is the purpose of the Mobile Home Park District to provide for the development of Mobile Home Parks in appropriate locations and in accordance with the regulations established by the Michigan Mobile Home Commission (MMHC) and the City of West Branch that have been approved by the Commission.

(A) Principal uses permitted.

(1) Clubhouse, swimming pool, and recreation facilities for the use of park residents.

(2) Family day care homes.

(3) Mobile home park developments subject to all minimum requirements and standards as established in the Mobile Home Commission Act, Act 96 of 1987 as amended, and all rules promulgated pursuant to Act 96, as may be amended, unless otherwise provided herein.

(4) Accessory uses and structures, such as managers’ offices, laundry facilities, tool or storage sheds, and other services for the residents of the park, shall be permitted. Adequate parking for such services shall be provided, as required by the Michigan Mobile Home Commission rules, as amended. The park manager may display mobile homes and accessories for sale, provided the accessories are contained within a mobile home or an approved permanent structure. Such sales are to permit the development of the park and are not intended to be a retail operation. Such sales shall cease with the total development of the park. Only one (1) mobile home either occupied or for sale, shall be allowed on each individual lot within the park.

(B) Special land uses. The following uses are considered Special Land Uses within the district and may be approved by the Planning Commission subject to the applicable general and specific standards in § 152.045:

(1) Group day care homes.

(2) Home occupations.

(3) Public, parochial and private elementary, intermediate and/or secondary schools offering courses in general education, not operated for profit.

(4) Utility and public service buildings and uses (without storage yards) when operating requirements necessitate the locating of said facilities within the district in order to serve the immediate vicinity.

(5) Accessory buildings, structures, and uses customarily incidental to the above Special Land Uses.

(C) Site development standards. All mobile home parks developed after the effective date of this Ordinance shall comply with the standards and rules of the Michigan Mobile Home Commission.

Site layout, pedestrian, and vehicular circulation in mobile home parks shall be consistent with Michigan Mobile Home Commission Rules 942-943, 928, and 920 respectively.

There shall be open spaces between each mobile home of not less than ten (10) feet, and not less than twenty (20) feet of open space between the ends of adjacent mobile homes. No part of any structure shall extend beyond the property lines of the site.

No mobile home shall be located closer than fifty (50) feet from the right-of -way line of a public street or fifty (50) feet from the mobile home park property line.

Two (2) parking spaces shall be provided for each mobile home site.

Parking standards outlined in Michigan Mobile Home Commission Rules 920, 925, and 926 shall be incorporated in the design and construction of a mobile home park.

All plumbing, heating, and electrical installation in mobile home parks shall be maintained in accordance with the State of Michigan plumbing, heating, and electrical codes and standards established by the Michigan Mobile Home Commission. All utilities shall be underground.

All internal roads and parking facilities shall be provided with a paved surface in compliance with the standards of the AASHTO Specifications referenced in Rule 922 of the Michigan Mobile Home Commission Rules. 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 prevent the drainage of water onto adjacent property or toward buildings. No portion of any off-street parking area may be allowed to encroach into sidewalk areas.

Sidewalks, which meet the standards established in Rule 928 of the Michigan Mobile Home Commission Rules, and AASHTO Standards shall be installed along one (1) side of all internal collector roads within the park and to the public right-of-way and to all service facilities including, but not limited to, central laundry, central parking, and central recreation/park areas. Sidewalks shall also be required along that portion of a site fronting along public streets. Walks connecting the entrance of each mobile home to the balance of the park walk system shall be designed according to the Michigan Mobile Home Commission rules.

The installation of utilities within a mobile home park shall be in accordance with the following requirements:

All electrical, telephone, and utility service shall be underground and specifically designed in conformance with the standards established in Rules 932(a), 934(a), 935(a), 937(2)(a), and 940 of the Michigan Mobile Home Commission. When separate meters are installed, each meter shall be located in a uniform manner.

All gas distribution lines shall be located underground. Each mobile home lot so served shall have the service line located underground to a connection point below the mobile home. Any line running between such connection point and the mobile home shall be supported so it cannot be abraded by the pad surface. If fuel oil is used, it shall be supplied from a central storage tank, with underground distribution and service lines to the individual mobile home sites, and shall be subject to the same requirements given herein for gas lines. The use of independent bottled gas service for individual mobile homes is prohibited. All heating systems shall be designed and installed in accordance with Rules 934 and 940 of the Michigan Mobile Home Commission.

Service roadway and parking lights shall be installed so as to permit the safe movement of vehicles and pedestrians at night. All lighting shall be so located and shielded as to direct the light away from adjacent properties. All site lighting shall meet the requirements of the Michigan Mobile Home Commission Rules.

All mobile home sites and all other buildings within the park shall be connected to the water system of the City, if it is available to the park, or to another state approved system. The park water system shall conform to parts 2-4 of the Michigan Department of Public Health (MDPH) Mobile Home Park Standards.

All mobile home sites and all other buildings within the park shall be connected to the sanitary sewerage system of the City, if it is available to the park, or to other state approved systems. The park sanitary sewerage system shall conform to MDPH Mobile Home Park standards.

All storm sewers shall be constructed in accordance with parts 2-4 of the MDPH Mobile Home Park Standards by the developer.

(10) Skirting shall be installed around all mobile homes. Such skirting shall be compatible aesthetically with the appearance and construction of the mobile home. All skirting shall be installed prior to the issuance of a Certificate of Occupancy. In the event that such installation is delayed due to weather, or for other similar reasons, a temporary Certificate of Occupancy may be issued for a period not to exceed ninety (90) days. All skirting shall meet the specifications established by the Michigan Mobile Home Commission Rules.

Individual mobile homes shall be skirted around the perimeter of the mobile home unit to conceal the underbody from view. Skirting shall be vented in accordance with the requirements of Rule 604 of the Michigan Mobile Home Commission Rules. All skirting shall be manufactured of fire-resistant material and certified as such by the manufacturer. Skirting shall be installed in a manner so as to resist damage under normal weather conditions and shall be properly maintained.

(11) Storage/Parking: If boats, boat trailers, and utility trailers are permitted to be parked within a mobile home park, adequate parking spaces for such vehicles shall be provided in a central or collective parking area. This area shall be in addition to the Parking Requirements of this Ordinance and shall be adequately fenced, locked or secured, and visually buffered or screened by means of landscaping.

Each mobile home site shall conform with the Michigan Mobile Home Commission requirements of Rule 602 for installation of mobile homes.

(D) Miscellaneous provisions.

(1) If a developer elects to provide a recreational area, the developer shall show this area on the site.

(2) Mobile home parks shall be landscaped as follows:

(a) If the mobile home park abuts an existing residential development, the park shall be required to provide screening along the park boundary abutting the residential development.

(b) If the park abuts a non-residential development, the park need not provide screening.

(c) In all cases, however, a park shall provide screening along the park boundary abutting a public right-of-way. (The landscaping shall consist of evergreen trees or shrubs of a minimum three feet in height that are spaced so they provide a continuous screen at maturity. Alternative screening devices may be utilized if they conceal the mobile home park as effectively as the required landscaping described above.)

(3) The front yard and the side yard adjacent to a street shall be landscaped and the entire mobile home park shall be maintained in a good, clean presentable condition at all times.

(4) There shall be no storage underneath any mobile home and each mobile home site shall be maintained in a clean and presentable condition at all times and each mobile home shall be skirted within ninety (90) days of the date the mobile home is sited.

(5) Fences shall conform to the standards of MMHC Rule 945(2).

(6) Removal of Towing Mechanisms: Towing mechanisms shall be removed from the mobile home dwelling at the time of dwelling installations and stored so as not to be visible from the exterior of the mobile home park.

(7) The grounds of a mobile home park shall be graded to drain properly.

(8) No home occupations shall be conducted in any mobile home, except as permitted or approved as a conditional use.

(9) The business of selling new and/or used mobile homes as a commercial operation in connection with the operation of a mobile home development is prohibited. A licensed dealer and/or broker may sell new or used mobile homes located on lots within the mobile home development to be used and occupied on that site. This Section shall not prohibit the sale of a used mobile home by a resident of the mobile home development provided the development permits the sale. (Sec. §152.037(A) 4)

(10) All requirements of Act No. 96 of the Public Acts of 1987, as amended, shall apply.

(11) The owner or operator of any mobile home park shall be responsible for all street construction and street maintenance, snow removal, and picking up trash and garbage within the confines of the mobile home park.

(12) No mobile home shall be occupied by more than one (1) family.

No mobile home shall be occupied for dwelling purposes unless the mobile home is placed on a site or lot and connected to water, sanitary sewer, electrical, and other facilities as may be necessary or prior to building official inspection and permit approval.

(Ord. 102, passed 3-16-70, Am. Ord. 243, passed 11-4-96)

The O-S Office Service District is designed to accommodate office buildings and uses that provide basic personal services and are intended to serve the function of land use transition between Commercial Districts and the adjacent residential