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2021-322 Preservation Or Protection of Public Health, Safety, and Welfare

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2021-322 Preservation Or Protection of Public Health, Safety, and Welfare CITY OF HOUGHTON subject to subsequent amendment, change or PROPOSED modification as may be necessary to the ORDINANCE 2021-322 preservation or protection of public health, safety, and welfare. AN ORDINANCE TO AMEND CHAPTER 98 OF THE CODE OF ORDINANCES, CITY OF Sec. 98-5. Conflicting regulations. HOUGHTON, MICHIGAN Whenever any provisions of this chapter conflict with the requirements, regulations, restrictions or THE CITY OF HOUGHTON ORDAINS: limitations imposed by the provisions of any other law or ordinance, the provisions imposed by the 1. That Chapter 98 of the Houghton City more stringent law or ordinance shall govern. Code is amended to read as follows: Sec. 98-6. Uses Not Mentioned. ARTICLE 1 – PURPOSE AND DEFINITIONS When a use is not expressly mentioned in this Sec. 98-1. Short title. ordinance, the zoning administrator shall make an interpretation as to what district or districts should This chapter shall be known and may be cited as accommodate the use. The decision shall be based the City of Houghton Zoning Ordinance. on the intent of each district, similar uses mentioned in a district, and recognized rules of Sec. 98-2. Changes and amendments. interpretation. The zoning administrator’s decision is appealable to the board of appeals. The council may, on recommendation from the planning commission or on petition, amend, Sec. 98-7. Definitions. supplement or change the district boundaries or the regulations in this chapter in accordance with The following words, terms and phrases, when the provision of the Michigan Zoning Enabling used in this chapter, shall have the meanings Act, Public Act No 110 of 2006, as amended, ascribed to them in this section, except where the utilizing the procedures and standards set forth in context clearly indicates a different meaning: Article 7, Division 6. Abandoned Sign means a sign which was Sec. 98-3. Interpretation. erected on property in conjunction with a particular use which has been discontinued for a In their interpretation and application, the period of 60 days or more, or a sign, the content of provisions of this chapter shall be held to be which pertains to a time, event or purpose which minimum requirements adopted for the promotion no longer applies. Seasonal closures of business of the public health, morals, safety, comfort, are excepted. convenience or general welfare. It is not intended Accessory Dwelling Unit is a room, or set by this chapter to repeal, abrogate, annul or in any of rooms, in the primary dwelling structure located way impair or interfere with any existing provision within the single-family residential district that has of law or ordinance other than this chapter, or with been designed, configured, or altered to be used as any rules, regulations or permits previously a separate dwelling unit and has been established adopted or issued or which shall be adopted or by permit. issued pursuant to the law relating to the use of Accessory structure means a structure buildings or premises. which is incidental to and customarily found in connection with the principal structure of a lot or Sec. 98-4. Vested rights. parcel. Accessory structures may include sheds, garages, coolers or gas pumps. Accessory Nothing in this chapter shall be interpreted or structure shall not include natural features, fences, construed to give rise to any permanent vested lamps or lampposts. rights in the continuation of any particular use, Accessory use or accessory means a use district, zoning classification or any permissible which is clearly incidental to, customarily found in activities; and they are hereby declared to be 1 connection with, and located on the same zoning preventing the discharge of pollutants into lot as the principal use to which it is related. storm water) Address sign means a sign identifying a Billboard sign means a large outdoor numerical designation commonly used to indicate board for displaying advertisements. the location of a building on a given street. Building means any structure, either Adult Business means a business which temporary or permanent, and having a room either directly or indirectly provides sex-related supported by columns or walls, and intended for products, services, or adult entertainment. the shelter or enclosure of persons, animals, Alteration means any change, addition or chattels or property of any kind. modification in construction or type of occupancy, Building height means the vertical or in the structural members of a building, such as distance measured from the established grade to walls or partitions, columns, beams or girders, the the highest point of the roof surface. Where a consummated act of which may be referred to in building is located on sloping terrain, the height this chapter as "altered" or "reconstructed." may be measured from the average ground level of Apartments means a suite of rooms or a the grade at the building wall, excluding any room in a multiple-family building arranged and chimney. intended for a place of residence of a single family Building line means a line formed by the or a group of individuals living together as a single face of the building; and for the purposes of this housekeeping unit. chapter, a minimum building line is the same as a Auto repair or service garage means a front setback line. place where the following services may be carried Changes in land use means any land use out: general repair, engine rebuilding, collision change, including, but not limited to, construction, service, tire service, painting, and undercoating. earth change, and redevelopment. The sale of engine fuels and lubricants may be Changeable letter sign means a sign in included. which the letters may be manually changed. Awning means a permanent covering Club means a nonprofit organization of installed according to the state construction code persons for the promulgation of sports, arts, requirements. When used for signage, area of the sciences, literature, politics or the like. signage shall be included in allowable amount. Construction site storm water runoff Banner sign means a temporary sign hung means storm water runoff from a development site or strung from point to point. following an earth change until development is Basement means that portion of a complete and landscaping is established. building which is partly or wholly below grade but Convalescent or nursing home means a so located that the vertical distance from the structure with sleeping rooms where persons are average grade to the floor is greater than the housed furnished with meals, nursing and medical vertical distance from the average grade to the care. ceiling. A basement shall not be counted as a Cut means an earth change which lowers story. topography or removes soil. Best Management Practice (BMP) Design storm means a precipitation event means a practice, or combination of practices and of a designated duration, type and return design criteria, that comply with the most recent frequency. Typically used in a regulatory setting edition of the following manuals or their to designate required design parameters for storm replacement. water facilities. -Michigan Department of Environmental Detention basin means a storm water Quality (MDEQ) Guidebook of BMP’s for management facility which captures, stores and Michigan Watersheds. detains runoff and releases it through an outlet -MDEQ Storm water Management structure at a controlled rate. These basins may be Guidebook. dry between runoff events or may be “wet -Equivalent practices and design criteria bottom”, where a base water level occurs below that accomplish the purposes of this the elevation of the outlet structure. ordinance (including, but not limited to, Developer means a person or entity minimizing storm water runoff, removing contracted by the owner to develop property. pollutants from storm water, and Developed or Development (regarding storm water) means the installation or 2 construction of impervious surfaces on a site that occupancy for two families living independently require, pursuant to state law or local ordinance, of each other. the City approval of a site plan, plat, site Dwelling unit means a building or portion condominium, special land use, planned unit of a building, designed for occupancy by one development, land division, private road or other family for residential purposes and having cooking actions resulting in land use changes; provided, facilities. Structures intended for permanent family however, that for purposes of this ordinance only, occupancy shall be considered as dwelling units if developed or development shall not include the provisions of the city building code can be exemptions per subsection I c of the storm water complied with. ordinance. Earth change means any human activity Development means the construction of a which removes ground cover, changes the slope or new building or other structure on a zoning lot, the includes, but is not limited to, any excavating, relocation of an existing building on another surface grading, filling, landscaping, creation, zoning lot, or the use of open land for a new use. removal or relocation of spoil piles, or removal of Directory sign means a sign whose vegetative roots. content indicates the names and location of at least Efficiency Unit means a dwelling unit five businesses, as well as the location of related that is occupied by one person in a single room customer convenience services and facilities. with combined living spaces, sleeping space, and a Discharge means the rate of flow passing kitchenette (includes counter space, a sink a given point, usually expressed as cubic feet per (separate from the bathroom sink)), refrigerator, second. and a stand-alone range or permanently mounted Disturbed area means the surface of land range top for cooking with a separate dedicated from which vegetation has been disturbed, private bathroom. removed and/or subjected to earth moving Electronic message board sign means an activities. electrical sign utilizing lights going on and off Downtown (for purposes of this periodically for conveyance of information.
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