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. ordinance) means properties that abut the south Erected means built, constructed, altered, side of Montezuma Avenue to the Keweenaw reconstructed, moved upon, or any physical Waterway, between Bridge Street and Franklin operations on the premises which are required for Street. construction, excavation, fill, drainage and the Drainage means the collection, like. conveyance, or discharge of ground water and/or Erosion means the process by which the surface water. ground surface is worn away by action of wind, Drainage area means the contributing water, gravity or a combination thereof. watershed, which is expressed in acres or square Essential services means the erection, miles. construction, alteration or maintenance by public Drive-in means a business establishment utilities or municipal departments of underground, so developed that its service character is surface or overhead gas, electrical, steam, fuel or dependent on a driveway approach or parking for water transmission or distribution system, motor vehicles so as to serve patrons while in the collection, communication, supply or disposal motor vehicle. systems, including towers, poles, wires, mains, Drive-thru means a takeaway lane for a drains, sewers, pipes, conduits, hydrants and restaurant, bank, etc. designed so that customers connected similar equipment, but not including can use it without leaving their cars. buildings which are necessary for the furnishing of Dwelling, multiple-family, means a adequate service by such utilities or municipal building or a portion of a building designed departments for the general health, safety or exclusively for occupancy by three or more welfare. families living independently of each other. Excavation means any breaking of Dwelling, one-family, means a building ground, except common household gardening and designed exclusively for and occupied exclusively ground care. by one family. Extended detention basin means a Dwelling, two-family, means a building detention basin that releases the storm water or a portion of a building designed exclusively for runoff from a 24-hour storm event over a

3 minimum of 48 hours after the conclusion of the considered when determining the maximum event. permitted size. Sign shall be located completely Family means: on the premises to which its subject matter relates. 1. An individual, or group of two or Fuel price sign means a sign indicating more persons related by blood, marriage or the price per unit of fuel. adoption, together with not more than one (1) Garage, private, means accessory additional unrelated person, who are domiciled building space designed or used solely for the together as a single housekeeping unit in a storage of vehicles, boats, etc., owned and used by dwelling unit; or the occupants of the building to which it is 2. A collective number of accessory. individuals living together in one dwelling unit Garage, service, means any premises whose relationship is of a regular and permanent used for the storage or care of motor-driven nature and having a distinct domestic character or vehicles, or where any such vehicles are equipped a demonstrable and recognizable bond where each for operation, repaired, or kept for remuneration, party is responsible for the basic material needs of hire or sale. the other and all are living and cooking as a single Gasoline service station means a place housekeeping unit; for the dispensing, sale or offering for sale of 3. “Family” does not include any motor fuels directly to users of motor vehicles, society, club, fraternity, sorority, association, together with the sale of minor accessories and lodge, co-op, organization, or group of students or services for motor vehicles, but not including other individuals where the common living major automobile repair. arrangements, or where the basis for the Grade (related to building height) means establishment of the housekeeping unit is the level of the ground adjacent to the walls of the temporary or for an anticipated limited period. building. If the ground is not level, the grade shall Farm means structures, facilities and be determined by averaging the elevation of the lands for carrying on of any agricultural activity or ground for each face of the dwelling. the raising of livestock or small animals as a Grading means any stripping, excavating, source of income. or filling of soil, or any combination thereof, and FEMA means the Federal Emergency the land in its excavated or filled condition. Management Agency. Hotel or motor inn means a building or Fill means earth or other materials added part of a building with a common entrance in to existing topography. which the dwelling or rooming units are used First-flush means the term given to the primarily for transient occupancy. The hotel or initial runoff quantity, having the highest pollutant motor inn is distinguished from a motel in that it is concentration, which is defined as the first ½ inch more than two stories above the ground. A hotel or of runoff. motor inn may contain major restaurant, cocktail Flashing signs means any lighted or lounge and conference center facilities, while a electrical sign which emits light in sudden motel normally would not. intermittent bursts. On/off time and temperature Illuminated sign means a sign which is signs are not considered flashing signs for the directly lighted by an electrical source, internal or purpose of this ordinance. external. Floor area, residential, means the sum of Impervious means the surface condition the horizontal areas of each story of the building, which does not allow percolation or infiltration of which shall be measured from the exterior faces of precipitation, which results in nearly 100% runoff the exterior walls or from the centerline of walls (roads, parking lots, sidewalks, and rooftops, etc.) separating two buildings. Floor area excludes Infiltration means the percolation and areas of basements, unfinished attics, attached movement of water downward into and through garages, breezeways and porches. the soil profile. The rate of this movement is Forebay means a depression near the expressed in inches per hour. entrance to a basin where coarse sediments are Internal business sign means a sign deposited. within the walls of a building utilizing window Freestanding sign means a sign and/or door display area for exterior viewing. supported by permanent uprights or braces in the Junkyard means an open area where ground. Both sides of such sign shall be waste, used or secondhand materials are bought 4 and sold, exchanged, stored, baled, packed, 2. Rear lot line means that lot line disassembled or handled, including but not limited opposite the front lot line. In the case of a lot to scrap iron and other metals, paper, rags, rubber pointed at the rear, the rear lot line shall be an tires and bottles. A junkyard includes automobile imaginary line parallel to the front lot line, but not wrecking yards and includes any area of more than less than ten feet long lying farthest from the front 200 square feet for storage, keeping or lot line and wholly within the lot. abandonment of junk but does not include uses 3. Side lot line means any lot line established entirely within enclosed buildings. other than the front lot line or rear lot line. A side Kennel, commercial, means any lot or lot line separating a lot from a street is a side street premises on which three or more dogs, cats or lot line. A side lot line separating a lot from other household pets are either permanently or another lot is an interior side lot line. temporarily boarded, and/or where household pets Lot of record means a parcel of land the are bred and sold. dimensions of which are shown on a document or Land-Use is the characterization of land map on file with the county register of deeds or in based on what can be built on it and what the land common use by municipal or county officials, and can be used for. which actually exists as so shown. Loading space means an off-street space Lot, through, means any interior lot on the same lot with a building for the temporary having frontage on two more or less parallel parking of a commercial vehicle while loading and streets as distinguished from a corner lot. In the unloading merchandise or materials. case of a row of double-frontage lots, all sides of Lot means a parcel of land occupied or lots adjacent to streets shall be considered intended to be occupied by a main building or a frontage, and front yards shall be provided as group of such buildings and accessory buildings, required. or utilized for the principal use and accessory uses, Lot width means the horizontal distance together with such yards and open spaces as are between the side lot lines, measured at the two required under the provisions of this chapter. A lot points where the building line, or setback line may or may not be specifically designated as such intersects the side lot lines. on public records. Lot, zoning, means a single tract of land, Lot, corner, means a lot where the located within a single block, which, at the time of interior angle of two adjacent sides at the filing for a building permit, is designated by its intersection of two streets is less than 135 degrees. owner or developer as a tract to be used, A lot abutting upon a curved street shall be developed or built upon as a unit, under single considered a corner lot for the purposes of this ownership or control. A zoning lot shall satisfy chapter if the arc is of less radius than 150 feet and this chapter with respect to area, size, dimensions the tangents of the curve, at the two points where and frontage as required in the district in which the the lot lines meet the curve, or the straight street zoning lot is located. A zoning lot therefore may line extended, form an interior angle of less than not coincide with a lot of record as filed with the 135 degrees. county register of deeds, but may include one or Lot coverage means the part or more lots of record. percentage of the lot occupied by buildings, Main building means a building in which including accessory buildings. is conducted the principal use of the lot upon Lot depth means the horizontal distance which it is situated. between the front and rear lot lines, measured Main use means the principal use to along the median between the side lot lines. which the premises are devoted and the principal Lot, interior, means any lot other than a purposes for which the premises exist. corner lot. Major street, means arterial streets Lot lines means the lines bounding a lot: intended to serve as large-volume trafficways for both the immediate municipal area and the region 1. Front lot line means, in the case of beyond. The city's street plan identifies those an interior lot, that line separating the lot from the streets designated major streets. street; in the case of a corner lot, or double- Marihuana means that term as defined in frontage lot, that line separating the lot from either section 7106 of the public health code, 1978 PA street. 368 MCL 333.7106.

Master plan means the comprehensive Nursery, plant materials means a space, plan adopted by the council, including graphic and building or structure, or combination, for the written proposals, indicating the general location storage of live trees, shrubs or plants offered for for streets, parks, schools, public buildings and all sale on the premises, including products used for physical development of the city, and includes any gardening or landscaping. This definition does not unit or part of such plan, and any amendment to include any space, building or structure used for such plan or parts of the plan. the sale of fruits or vegetables. Medical marihuana dispensary means Offsite facility means any portion of a any structure used for dispensing marihuana by a storm water management system which is located primary caregiver or caregivers to one or more off the development site which it serves. qualifying patient(s). A medical marihuana Off-premises sign means any sign which dispensary does not include a qualifying patient’s is located on property and transmits a message residence if the marihuana transferred is pertaining to a product, use, occupancy or function exclusively for the qualifying patient’s use. which is not located on the same property as the Medical marihuana nursery means any sign. structure which is used, intended for use, or Off-street parking lot means a facility designed for use in planting, propagating, providing vehicular parking spaces along with cultivating, growing, harvesting, manufacturing, adequate drives and aisles, for maneuvering, so as producing, processing, preparing, packaging, to provide access for entrance and exit for the repackaging, or storing medical marihuana for one parking of more than three vehicles. or more qualifying patients. A medical marihuana 100-year storm means a storm event nursery does not include a qualifying patient’s having a 1 percent probability of occurrence in any residence if the marihuana is exclusively for the given year. Thus, a 50-year storm has a two qualifying patient’s use. percent probability, a ten-year storm a ten percent Mobile home means a structure, probability, etc. transportable in one or more sections, which is Ordinary High Water Mark means the built on a chassis and designed to be used as a point on a streambank, lakeshore, or other dwelling with or without permanent foundation, waterbody shoreline to which the presence and when connected to the required utilities, and action of surface water is so continuous as to leave includes the plumbing, heating, air conditioning, a distinct mark of erosion, destruction or and electrical systems contained in the structure. prevention of woody terrestrial vegetation, Motel means as defined in "Hotel or predominance of aquatic vegetation, or other motor inn”. easily recognized characteristics. Nonconforming signs means any sign Owner-Occupied as it pertains to Short- erected or displayed prior to the effective date of Term Rentals means one or more Owner(s) of the ordinance from which this chapter derives or record of the dwelling unit are living in the subsequent amendments which does not conform dwelling unit, and the dwelling unit qualifies for a with the standards of this ordinance. personal residence exemption. Non-point source means any discharge Parking space-Automobile means an that does not meet point source criteria. area that is a minimum of 9 feet wide and 20 feet Nuisance factor means an offensive, long, exclusive of drives, aisles or entrances annoying, unpleasant or obnoxious thing or giving access to the space, and fully accessible for practice, a cause or source of annoyance, the storage or parking of permitted vehicles. especially a continuing or repeating invasion of Parking space – Bicycle means an area any physical characteristics of activity or use that is at least two feet wide by six feet long with a across a property line which can be perceived by vertical clearance of at least six feet. or affects a human being, or the generation of an Parking – Shared means common excessive or concentrated movement of people or parking spaces are shared by more than one things, such as but not limited to noise, dust, building or use allowing parking facilities to be smoke, odor, glare, fumes, flashes, vibration, used more efficiently. objectionable effluent, noise or congregation of Peak discharge rate means the maximum people, particularly at night, passenger traffic or rate of storm water flow from within a drainage invasion of nonabutting street frontage by traffic. area expressed as cubic feet per second.

Pedestrian sign means any sign located sanitary facilities, utility provisions, corridors, flush against the building wall or on doors or hallways and storage. windows and intended to convey incidental Roominghouse means a residential information to pedestrians. building where rooms or suites of rooms are rented Permanent sign means a sign of a ridged where the renters use common facilities, such as and durable material (including paint) applied, hallways, bathrooms, and kitchens. A anchored or secured to a building, accessory roominghouse shall not include hotels, motels, structure or the ground. apartment houses, or fraternity and sorority Point source means a discharge that is houses. released to the surface waters of the State by a Runoff means the portion of precipitation discernible, confined and discrete conveyance, which does not infiltrate or percolate into the including, but not limited to, a pipe, ditch, ground or evaporate, but rather moves over the channel, tunnel, conduit, and well. land, eventually reaching a waterbody, wetland, or Portable sign means a sign not low area. permanently affixed, anchored or secured to the Sandwich board sign means a free- ground or a structure on the lot it occupies, standing, two sided, hinged advertising sign. including trailered signs, tripod and sandwich Sealed in reference to plan drawings, board signs. These signs are not located on the means stamped, and signed by a licensed public right-of-way. Michigan professional engineer. Predevelopment means existing site Sediment means any solid particulate conditions prior to earth change. matter which has been moved from its site of Projecting sign means a sign indicating origin by erosion, is being transported by water, is the name and/or logo of a business which is in suspension in water, or has been deposited in a mounted perpendicular to the building wall and water body, wetland or floodplain. projecting over the public right-of-way. Setback means the distance from the Property owner or legal representative property line required to obtain front, side or rear means any person, firm or corporation having yard open space provisions of this chapter. legal or equitable title to property or any person Sheetflow means overland runoff which having or exercising care, custody, or decision- moves relatively uniformly over the ground making control. surface rather than being concentrated in a Public utility means a person, firm, conveyance channel. corporation, municipal department, board or Short Term Rental (STR), or vacation commission duly authorized to furnish and rental, means any property for rent on a nightly or furnishing under federal, state or municipal weekly basis for the purpose of facilitating a guest regulations to the public gas, steam, electricity, for less than 28 days. sewage disposal, communication, telegraph, Sign means a graphic device, including its transportation, or water. base, foundation or erection supports, upon which Redevelopment means new changes is displayed any words, letters, figures, emblems, (demolition, reconfiguration, regrading, etc) to a symbols, designs or trademarks by which any such developed site. message or image is afforded public visibility Retention basin means a storm water from out-of-doors, on behalf of and for the benefit management facility, either natural or manmade, of any product, place, activity, individual, firm, which captures and holds runoff directed into it institution, profession, association, business or until it infiltrates the soil or evaporates. organization. A series of painted letters on the Roof-mounted sign means a sign which is exterior surface of a building is also a sign. located upon or over the roof of a structure, or in Sign area means the maximum height the case of a building with a mansard roof, a sign multiplied by the maximum width of the sign which is above the deck line of the mansard roof. components, including any frame or other material Room means, for the purpose of or color or open spaces forming an integral part of determining lot area requirements and density in a the display or used to differentiate such sign from residential district, a living room, dining room and the background against which it is placed. Both bedroom, each equal to at least 80 square feet in sides of a sign structure may be used for sign area. A room shall not include the area in kitchens, purposes, provided the notices have a 180-degree back-to-back relationship. In the case of a broken 7 sign (a sign with open spaces between the letters) Time of concentration means time the total surface area shall be measured by required for water to flow from the most remote multiplying the height of the individual letters or point of a watershed to a design location or combination of letters by the distance between the discharge point. Flow paths, ground surface slope outer edges of the two furthermost letters. and roughness, and channel characteristics affect Site means any tract, lot, or parcel of land this time. or combination of tracts, lots, or parcels, which Tower means a free standing or attached compose an area proposed for development and/or device used for such purposes as, but not limited earth change. to, mounting an antenna, satellite dish, or wind Soil erosion and sedimentation control generating device. means structures, facilities, barriers, berms, Travel trailer, camper means a vehicle vegetative cover, basins, and/or any other either towed or self-propelled, and designed installation, temporary or permanent, which are primarily as a vacation camping unit for short- designed to minimize and prevent erosion and off- term seasonal occupancy. site sedimentation. Trailer or mobile home court means a Storm drain means a system of open or parcel or tract of land under the control of a person enclosed conduits and appurtenant structures upon which three or more mobile homes are intended to convey or manage storm water runoff, located on a continual, non-recreational basis and ground water and drainage. which is offered to the public for that purpose Storm water facility means structures, regardless of whether a charge is made, together BMP’s, areas, or related items, which are used to with any building, structure, enclosure, street, control, store, receive, infiltrate, or convey runoff. equipment or facility used or intended for use Storm water runoff means the surface incident to the occupancy of a mobile home. drainage of precipitation resulting from rainfall, Usable floor area means the area used for snowmelt, or other natural event or process. or intended to be used for the sale of merchandise Story means that part of a building, except or services, or use to serve patrons, clients or a mezzanine or basement, included between the customers. Such floor area which is used or surface of one floor and the surface of the next intended to be used principally for the storage or floor above, or if there is no floor above, then the processing of merchandise, hallways or for ceiling next above. utilities or sanitary facilities, shall be excluded Story, half, means an uppermost story from this computation of “Usable Floor Area”. lying under a sloping roof having an area of at Measurement of usable floor area shall be the sum least 200 square feet with a clear height of at least of the horizontal areas of the several floors of the seven feet. For the purposes of this chapter, the building, measured from the interior faces of the usable floor area is only that area having at least exterior walls. four feet clear height between floor and ceiling. Use means the principal purpose for which Street frontage means the length of the land or a building is arranged, designed or property line adjoining a street. intended, or for which land or a building is or may Strip Mall is defined as having three or be occupied. more stores with a common wall between each Variance is a modification of the literal store and a common, on site, parking lot. provisions of this chapter granted when strict Structure means anything constructed or enforcement of this chapter would cause undue erected, the use of which requires location on the hardship owning to circumstances unique to the ground or attachment to something having location individual property on which the variance is grant. on the ground, including buildings. A variance can only be grant by the Board of Temporary sign means a sign used for Appeals. only a temporary period of time not to exceed six Wall-mounted sign means a sign which is (6) months within a one-year period to promote a attached directly to a building wall and/or specific, special event. marquee, and the sign surface is parallel to the Temporary use or building means a use building wall. or building permitted by the board of appeals to Wayfinding sign means a sign erected by exist during periods of construction of the main a public entity which enables a person to find his building or use, or for special events. or her way to a given destination through the use of effective signage. 8

Watershed means the total land area nearest point on the side lot line to the nearest which contributes runoff, or is within such an area, point of the main building. to a common outlet, such as a lake or stream. Also Zoning Administrator means the city known as the drainage area or catchment. manager, his deputy or assigns, as authorized by Wet Detention Basins - See Detention the council. Basins. Wetland means land composed of hydric Sec. 98-8 – 98-15 Reserved. soils, characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation and/or aquatic life. Hydric soils are saturated or ponded long enough to exhibit anaerobic conditions. These areas are generally referred to as; bogs, fens, swamps, marshes, etc. (from Section 324.30301 of Michigan Compiled Laws, part 303 of NREPA, Wetlands Protection, most recent edition thereof). The Michigan Department of Environmental Quality and the U.S. Army Corp of Engineers are the authorities on the presence and regulatory statues of wetlands. Window area means the area of a window as measured by the perimeter of the window glass, including glass windows in doors. Wireless communications facilities means a broad range of telecommunication services that enables people on devices to communicate independent of location. This includes, but is not limited to, current technologies of cellular communications and personal communication services. This excludes public utilities, noncommercial antennas, radio and television signals and noncommercial satellite dishes. Yards means 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: 1. Front yard means 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 means 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 means 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

ARTICLE 2 – ZONING DISTRICTS planning commission. This map shall be prepared within 90 days.

DIVISION 1 – General Sec. 98-19. District requirements.

Sec. 98-16. Districts established. Accessory buildings and uses customarily incident to any permitted use in any district established by For the purpose of this chapter, the city is divided this chapter are assumed permissible uses under into the following districts: the terms of this chapter.

Residential districts: Sec. 98-20—98-30 Reserved.

R-1 Single-family residential district R-2 Two-family residential district R-3 Multiple-family residential district R-4 Redevelopment Ready Residential District

Nonresidential districts:

B-1 Local business district B-2 Community business district B-3 General business district I-1 Industrial district RSV Reserve district MU Multiple-use district

Sec. 98-17. District boundaries.

The boundaries of the city's zoning districts are established as shown on the zoning map in Article 8. The map, with all notations, references and other information shown, shall be as much a part of this chapter as if fully described in this section. Copies of such zoning map shall remain on file and be available to members of the public at the office of the city clerk.

Sec. 98-18. Zoning of annexed areas.

Whenever any area is annexed to the city, one of the following conditions will apply:

1. Land that is zoned previous to annexation shall be lawfully zoned as being in whichever district of this chapter most closely conforms with the zoning that existed prior to annexation, such district to be recommended by the planning commission within 90 days. 2. Land not previously zoned shall be automatically zoned R-1 until a zoning map for the area is lawfully adopted by the council, after a recommendation by the

DIVISION 2 – R-1 Single-Family Residential District

Sec. 98-31. Intent.

The R-1 single-family residential district is designed to provide for an environment of predominantly single-family detached dwellings along with other residentially related facilities which serve the residents in the district.

Sec. 98-32. Development Standards.

Minimum Lot Size Per Dwelling Unit: 9,000 7,500 square feet* 75 feet in width*

Maximum Dwellings Per Lot 1 (subject to 98-34(1))

Maximum Height of Structures: 30 feet

Minimum Yard Setbacks in feet: Front – 25** Side – 10*** Rear – 30*** Minimum Yard Setbacks in feet For accessory buildings only For 50’ X 100’ lots Front – 25** Side – 5*** Rear – 15***

Minimum Yard Setbacks in feet For lots abutting Keweenaw Waterway. Measured from the Ordinary High Water Mark Front – 25**

Side – 10*** Rear – 20***

Minimum Floor Area per Unit: 500 square feet one bedroom

200 square feet each additional bedroom

Maximum Percentage of Lot Area Covered by all buildings: 30 11

Notes:

*See Article 7, Section 98-762 regarding nonconforming lots.

**Where the existing front yards of two or more principal structures in any block in the same district and on the same side of the street are less than the minimum required front yard, any subsequent buildings within that block need not have a front yard greater than the minimum depth of any existing front yard.

***Whenever a rear yard abuts a side yard on the same side of a street in a residential district, the required side yard abutting the street shall not be less than the required front yard of the district in which it is located.

Sec. 98-33. Principal uses permitted.

1. Single-family detached dwellings. 2. Publicly owned and operated libraries, parks, and recreational facilities. 3. Nursery schools and child care centers without a dormitory adjunct. 4. Short-Term Rental – Owner Occupied subject to requirements in 98-428.

98-34. Uses allowed with a Special Land Use Permit in Article 6, Division 2 and subject to the use standards in Article 4.

1. Accessory Dwelling Unit. 2. Home Based Business. 3. Churches and schools. 4. Utility and public service buildings and uses. 5. Private noncommercial recreation areas, and institutional or community recreation centers.

Sec. 98-36—98-44 Reserved.

DIVISION 3 – R-2 Two-Family Residential District

Sec. 98-45. Intent.

The R-2 two-family districts are intended to provide lower density rental housing (and ownership) than the multiple-family districts, but higher density than in a single-family area. Two- family districts also recognize the need to allow limited conversions of older one-family homes (perhaps larger units) to extend the economic life of these structures, provided the premises are capable of supporting a higher density use.

Sec. 98-46. Development Standards.

Minimum Lot Size Per Dwelling Unit: 3,750 square feet* 37.5 feet in width*

Maximum Dwellings Per Lot 2

Maximum Height of Structures: 30 feet

Minimum Yard Setbacks in feet: Front – 20** Side – 8*** Rear – 35***

Minimum Yard Setbacks in feet For 50’ X 100’ lots: Front – 20** Side – 5*** Rear – 15***

Minimum Yard Setbacks in feet For lots abutting Keweenaw Waterway. Measured from the Ordinary High Water Mark Front – 25** Side – 10*** Rear – 20***

Minimum Floor Area per Unit: n/a

Maximum Percentage of Lot Area Covered by all buildings: 30 13

1. Every two-family use, new or converted, shall provide unobstructed vehicular access to a public street for the designated parking area of each dwelling unit. Notes: 2. There shall be a minimum setback of 30 feet to any exterior property line of *See Article 6, Division 3 for exceptions related to developments involving two acres or open space plans, cluster developments, and more. Where more than one multiple average size lot. Article 7, Division 5 discusses building on one site is involved, the nonconforming lots. Minimum lot size for two- minimum spatial requirements shall be as family dwellings in the R-2 district shall be 7,500 follows: square feet with 75 feet of lot width. However, if either public water or a public sewerage system is Front to front (or back) 70 unavailable or inaccessible to a residential lot, Back to back (or front) 70 such residential lot shall not have an area of less Side to side 20 than 12,000 square feet; and such residential lot Side to back or front 40 shall not be less than 65 feet wide at a distance of 25 feet from its front line. If the lot diminishes in width from front to rear, it shall be no less than 65 Sec. 98-50—98-55 Reserved. feet wide at a distance of 50 feet from its front line.

**Where the existing front yards of two or more principal structures in any block in the same district and on the same side of the street are less than the minimum required front yard, any subsequent buildings within that block need not be greater than the minimum depth of any existing front yards.

Sec. 98-47. Principal uses permitted.

1. All principal uses permitted and as regulated in single-family residential districts. 2. Two-family dwellings. 3. Short-Term Rental – Owner-Occupied subject to requirements in 98-428.

Sec. 98-48. Uses allowed with a Special Land Use Permit in Article 6, Division 2 and subject to use standards in Article 4.

1. Home Based Business.

Sec. 98-49. Required conditions.

DIVISION 4 - R-3 Multiple-Family Residential Architectural Guidelines: District The intent of these Guidelines is to provide guidance for achieving high quality building Sec. 98-56. Intent. design in the R-3 District that enhances the City’s visual character. The R-3 multiple-family residential districts are designed to provide sites for multiple-family and 1. Employ variation of wall planes, rooflines, apartment dwellings, and related uses. and building form to create visually engaging designs that avoid monotony. Sec. 98-57. Development Standards and 2. Use offsets and articulations within the Architectural Guidelines. form of buildings to minimize the bulky look of a block-shaped building and Minimum Lot Area per dwelling unit:* enhance the pedestrian and vehicular experience. 1. Efficiency 1,100sf per unit 3. Give building presence and appearance 2. One Bedroom 1,800sf per unit from the street high priority as an 3. Two Bedroom 2,400sf per unit important component of façade design, 4. Three Bedroom 3,000sf per unit recognizing that the façade is the public 5. Four Bedroom 3,600sf per unit face of a building. 4. Incorporate such façade design elements Development Standards: as roof overhangs, cornices awnings, transoms, friezes, bulkheads, shutters, Maximum Height window surrounds, dormers, chimneys, of Structures: 40 feet balconies, railings, and landscaped elements as appropriate. Minimum Yard 5. Emphasize doors, especially for principal Setbacks in feet: Front – 20** entry-ways, using canopies, pediments, or Side – 8*** other appropriate design features. Rear – 30*** 6. Use harmonious colors and textures that Minimum Yard avoid discordant or harsh appearance. Setbacks in feet 7. Avoid locating utility meters, building for accessory buildings mechanical/electrical equipment, and vent only on 50’ X 100’ outlets, stacks and covers in locations lots: Front – 20** visible from the street. If such locations Side – 5*** cannot be avoided, use landscape or other Rear – 15*** screening to the extent feasible.

Minimum Yard Setbacks in feet For lots abutting Keweenaw Waterway. Measured from the Ordinary High Water Mark Front – 25** Side – 10*** Rear – 20***

Minimum Floor Area per Unit: n/a

Minimum percentage of Lot Landscaped: 30

**For existing buildings that are not covered by Sec. 98-60, off-street parking shall be permitted to occupy a portion of the required front yard provided there shall be maintained a minimum unobstructed and landscaped setback of ten feet between the nearest point of the off-street parking area, exclusive of access driveways, and the nearest right-of-way line or structure.

Sec. 98-58. Principal uses permitted.

1. All principal uses permitted and as regulated in the R-1 and R-2 residential districts. 2. Multiple-family dwellings, including housing for the elderly. 3. Group quarters, including apartments, roominghouses, fraternities, sororities, etc. 4. Nursery schools and child care centers, with a dormitory adjunct. 5. Short-Term Rental – Non-Owner Occupied subject to requirements in 98- 428.

Sec. 98-59. Uses permitted only with a Special Land use Permit in Article 6, Division 2, and subject to the use standards in Article 4.

1. Home Based Business. 2. General hospitals. Notes: 3. Convalescent homes and orphanages. 4. Motels. *A higher density development may be approved 5. Medical clinics and professional offices by both the council and planning commission (except veterinarian clinics or animal provided all of the set-back, landscaping, and hospitals). parking requirements are met. In this event, the 6. Lodge halls and fraternal assembly higher density shall not exceed the density buildings. requirement in the R-4 district. 7. Mortuaries and funeral homes.

Sec. 98-60. Required conditions.

1. There shall be a minimum setback of 30 feet to any exterior property line of developments involving two acres or more. Where more than one multiple building on one site is involved, the minimum spatial requirements shall be as follows:

Building Distance Between Arrangement Buildings (feet) Front to front (or back) 70 Back to back (or front) 70 Side to side 20 Side to back or front 40

Sec. 98-61 – 98-65 Reserved.

DIVISION 5 – R-4 REDEVELOPMENT Development Standards: READY RESIDENTIAL DISTRICT Maximum Height Sec. 98-66. Intent. Of Structures: 40 feet

The R-4 Redevelopment Ready Residential Minimum Yard Front** --10 District is intended to encourage: Setbacks in feet: Side -- 5 1. The renovation and conversion of current Rear*** -- 15 unsightly housing stock, or housing stock which fails to comply with the current Minimum Percentage property maintenance codes (Chapter 14, of Lot Landscaped: 20 Article III of the City of Houghton Code of Ordinances) into multi-unit dwellings or Architectural Guidelines: residential units. These multi-unit The intent of these Guidelines is to provide dwellings or residential units will have new guidance for achieving high quality building or refurbished siding or exterior treatments, design in the R-4 District that enhances the City’s windows and roofing that improve the visual character. overall appearance of the renovated housing stock and neighborhood; or 1. Employ variation of wall planes, rooflines, 2. The demolition of current unsightly and building form to create visually housing stock, or housing stock which fails engaging designs that avoid monotony. to comply with the current property 2. Use offsets and articulations within the maintenance codes (Chapter 14, Article III form of buildings to minimize the bulky of the City of Houghton Code of look of a block-shaped building and Ordinances) and its replacement with new enhance the pedestrian and vehicular residential units or new multi-unit experience. dwellings. These residential units or multi- 3. Give building presence and appearance unit dwellings will have new siding or from the street high priority as an exterior treatments, windows and roofing important component of façade design, that improve the overall appearance of the recognizing that the façade is the public neighborhood; or face of a building. 3. Existing housing stock that is currently in 4. Incorporate such façade design elements compliance with the property maintenance as roof overhangs, cornices awnings, codes (Chapter 14, Article III of the City transoms, friezes, bulkheads, shutters, Houghton Code of Ordinances) into multi- window surrounds, dormers, chimneys, unit dwellings; or balconies, railings, and landscaped 4. The construction of new dwellings on elements as appropriate. vacant lots. 5. Emphasize doors, especially for principal entry-ways, using canopies, pediments, or The intent is the improved appearance of a other appropriate design features. neighborhood in exchange for an allowed density 6. Use harmonious colors and textures that higher than R-3. avoid discordant or harsh appearance. Cross ref. Chapter 14, Article III 7. Avoid locating utility meters, building mechanical/electrical equipment, and vent Sec. 98-67. Development Standards and outlets, stacks and covers in locations Architectural Guidelines. visible from the street. If such locations cannot be avoided, use landscape or other Minimum Lot area per dwelling unit*: screening to the extent feasible. Efficiency/One Bedroom 300 sf per unit Two Bedroom 600 sf per unit Three Bedroom 900 sf per unit Four Bedroom 1,200 sf per unit Increase 300 sf for each additional bedroom.

Sec. 98-68. Principal uses permitted.

1. All principal uses permitted and as regulated in the R-1 and R-2, and R-3 residential districts.

Sec. 98-69. Uses permitted only with a Special Land Use Permit in Article 6, Division 2 and subject to the use standards in Article 4.

1. Home Based Business.

Secs. 98-70 – 98-80 reserved.

*See Article 7, Section 98-762 regarding nonconforming lots.

DIVISION 6 - B-1 LOCAL BUSINESS DISTRICT

Sec. 98-81. Intent.

The B-1 district is intended to meet the demand for local business services and minimum tourist services in areas regarded to have a residential or neighborhood environment.

Sec. 98-82. Development Standards.

Minimum Lot Size in square feet: n/a

Maximum Height of Structures: n/a

Minimum Yard Setbacks in feet: Front – 20* Side – 5** Rear – 20

Minimum Floor

Area per Unit: n/a

Notes: unobstructed open space, free from parked vehicles, minor structure and advertising *Where the existing front yards of two or more signs. principal structures in any block in the same 4. No sign shall project beyond or overhang district and on the same side of the street are less the wall, roof or any permanent than the minimum required front yard, any architectural feature by more than one subsequent buildings within that block need not foot. have a front yard greater than the minimum depth 5. A planted greenbelt (if physically feasible) of any existing front yard. shall be provided between any B-1 district use which directly abuts any R-1, R-2, R- *Off-street parking shall be permitted to occupy a 3, or R-4 district boundary. portion of the required front yard provided there shall be maintained a minimum unobstructed and Sec. 98-85 – 98-94 Reserved. landscaped setback of ten feet between the nearest point of the off-street parking area, exclusive of access driveways, and the nearest right-of-way line or structure.

**No side yards shall be required along interior side lot lines. However, if a side yard is provided, it shall not be less than five feet. Yards which abut a residential district shall be at least 30 feet or equal to the height of the building, whichever is greater.

Sec. 98-83. Principal uses permitted.

1. All principal uses, and all uses allowed with a Special Land Use Permit, as regulated in any Residential District. and all uses subject to conditions, as regulated in any Residential District. 2. Professional and administrative offices. 3. Banks and other financial institutions. 4. Personal and professional services. 5. Retail services to meet basic local needs. 6. Off-street parking lots. 7. Retail food stores and restaurants. 8. Professional and medical offices, except animal hospital, kennels or veterinarian services. 9. Motels. 10. Short-Term Rental.

Sec. 98-84. Required conditions.

1. Refer to Article 3, Division 1 regarding off-street loading and unloading. 2. In the B-1 district, the outdoor storage of goods or materials shall be prohibited, and indoor storage shall be limited to that normally incident to the principal uses. 3. The front ten feet of the required front yard setback shall be maintained as 21

DIVISION 7 - B-2 COMMUNITY BUSINESS DISTRICT

Sec. 98-95. Intent.

The B-2 community business district is designed to meet the general shopping and retail service needs of persons residing in residential areas of the city as well as trade area residents.

Sec. 98-96. Development Standards.

Minimum Lot Size in square feet: n/a

Maximum Height of Structures: n/a

Minimum Yard Setbacks in feet: Front – 20* Side – 5** Rear – 20

Notes: Sec. 98-98. Uses allowed with a Special Land Use Permit in Article 6, Division 2 and subject *Where the existing front yards of two or more to the use standards in Article 4. principal structures in any block in the same district and on the same side of the street are less 1. Open air business. than the minimum required front yard, any 2. Gasoline service stations along with minor subsequent buildings within that block need not repair work. have a front yard greater than the minimum depth 3. Publicly owned buildings, public utility of any existing front yard. buildings, telephone exchange buildings; electric transformer stations and *Off-street parking shall be permitted to occupy a substations; gas regulator stations with portion of the required front yard provided there service yards, but without storage yards; shall be maintained a minimum unobstructed and water and sewage pumping stations. landscaped setback of ten feet between the nearest 4. Automobile showrooms and service point of the off-street parking area, exclusive of centers. access driveways, and the nearest right-of-way 5. Wireless communications. line or structure. Sec. 98-99 Required conditions. **No side yards shall be required along interior side lot lines. However, if a side yard is provided, 1. Refer to Article 3, Division 1 regarding it shall not be less than five feet. Yards which off-street loading and unloading. abut a residential district shall be at least 30 feet or equal to the height of the building, whichever is greater. Sec. 98-100 – 98-105 Reserved.

Sec. 98-97. Principal uses permitted.

1. All principal uses and all uses subject to conditions and all uses allowed with a Special Land Use Permit, as regulated in the B-1 District or in any Residential District. 2. Retail commercial uses. 3. Any service establishment of an office, showroom or workshop nature. 4. Private clubs, fraternal organizations and lodge halls. 5. Restaurants, taverns or other places serving food or beverages. 6. Theaters, assembly halls, concert halls or similar places of assembly. 7. Business schools and colleges or private schools operated for profit. 8. Hotels and motels. 9. Health and fitness facilities. 10. Indoor commercial recreation. 11. Bus stations, taxi stands and parking lots.

DIVISION 8 - B-3 GENERAL BUSINESS DISTRICT

Sec. 98-106. Intent.

The B-3 district is designed to provide sites for more diversified business types than are found in the B-1 or B-2 districts and are frequently located so as to serve passer-by traffic.

Sec. 98-107. Development Standards.

Minimum Lot Size in square feet: n/a

Maximum Height of Structures: n/a

Minimum Yard Setbacks in feet: Front – 20* Side – 5** Rear – 20

Notes: Sec. 98-109. Uses allowed with a Special Land Use Permit in Article 6, Division 2 and subject *Where the existing front yards of two or more to the use standards in Article 4. principal structures in any block in the same district and on the same side of the street are less 1. Medical Marihuana Dispensary, Medical than the minimum required front yard, any Marihuana Nursery, Provisioning Center, subsequent buildings within that block need not be as that term is defined in Sec. 98-422. greater than the minimum depth of any existing 2. Marihuana Retailer. front yards. 3. Adult Business. 4. Wireless communications. *Off-street parking shall be permitted to occupy a portion of the required front yard provided there Sec. 98-110. Required Conditions. shall be maintained a minimum unobstructed and landscaped setback of ten feet between the nearest 1. Refer to Article 3, Division 1 regarding point of the off-street parking area, exclusive of off-street loading and unloading. access driveways, and the nearest right-of-way line or structure. Sec. 98-111 – 98-115 Reserved.

Sec. 98-108. Principal uses permitted.

1. All principal uses, and all uses allowed with a Special Land Use permit all uses subject to conditions permitted as regulated in any Residential District or the B-1 and B-2 Districts, except as may be modified in this article. 2. Establishments renting equipment, tools and household articles. 3. Automobile dealer showrooms. 4. Automobile car wash. 5. Wholesale uses, freezer plants and storage services, when enclosed. 6. Bottling works and food packaging. 7. Distilleries and breweries. 8. Government uses including public utility offices, exchanges, transformer stations, pump stations and service yards, but not including outdoor storage. 9. Enclosed greenhouses, florists and plant materials. 10. Veterinary hospitals or clinics. 11. Technology, research, and light manufacturing facilities whose operations are wholly contained indoors and do not produce noise, dust, fumes, or other environmental or safety hazards.

DIVISION 9 - I-1 INDUSTRIAL DISTRICT

Sec. 98-116. Intent.

The I-1 industrial district is designed to accommodate wholesale activities, warehouses, major repair operations, manufacturing and other industrial operations, subject to certain performance requirements relative to their impact on the community and adjacent nonindustrial districts.

Sec. 98-117. Development Standards.

Minimum Lot Size in square feet: n/a

Maximum Height of Structures: n/a

Minimum Yard Setbacks in feet: Front – * Side – 30** Rear –

Minimum Floor Area per Unit: n/a

Maximum Percentage of Lot Area Covered by all buildings: n/a

Notes: 3. Whenever any use permitted in this article faces a residential district by sharing a *Where the existing front yards of two or more common fronting street, the industrial use principal structures in any block in the same shall provide and maintain a landscaped district and on the same side of the street are less front yard no less than 40 feet deep. The than the minimum required front yard, any planning commission may require either a subsequent buildings within that block need not be buffer greenbelt or buffer fence depending greater than the minimum depth of any existing on the character of the industrial use and front yards. specific site conditions. The required front yard shall not be used for parking. *Off-street parking shall be permitted to occupy a 4. The height of industrial structures and portion of the required front yard provided there uses shall be controlled by the land area. shall be maintained a minimum unobstructed and Therefore, the minimum yard setbacks landscaped setback of ten feet between the nearest shall be increased by one foot for each right-of-way line or structure. foot of building height above 20 feet when adjacent to nonindustrial districts. Any **No side yards shall be required along interior structures proposed to exceed the height side lot lines. However, if a side yard is provided, limits stated in the schedule of regulations, it shall not be less than five feet. Yards which section 98-586, shall require approval by abut a residential district shall be at least 30 feet or the board of appeals after a hearing. equal to the height of the building, whichever is 5. Any industrial activity that produces glare, greater. noise, vibration, smoke, dust, odors and similar or related nuisances shall confine Sec. 98-118. Principal uses permitted. these nuisances to the industrial district and must conform to state and federal 1. All generally recognized manufacturing, environmental regulations. processing, research and experimental 6. Industrial operations involving the laboratories, including sawmills and manufacture, processing or packaging of related lumber-forest industries. materials which are inherently dangerous 2. Any storage, wholesale, transportation or hazardous due to flammability, toxicity, and/or terminal facilities. radioactivity or explosiveness shall require 3. Contractors' yards, equipment storage, and special approval by the board of appeals materials-handling operations. after a hearing; and approval shall be 4. Any repair operations and/or maintenance contingent upon a showing by the activities for vehicles of any kind, applicant industry that no dangerous, including farm implements, conveyors and noxious or nuisance conditions will other equipment or machinery. Uses impact any adjacent nonindustrial related to public buildings and utility premises. The recommendations of the services of all kinds (public or private). health officer and/or public safety officer 5. B district uses, provided the site has (fire-police) shall be obtained by the board access features suitable for offering retail of appeals prior to allowing uses which services to the public and does not disrupt have inherently dangerous characteristics. the continuity of development in any planned industrial park, so called, or the use is accessory to the industrial activity. Sec. 98-120 – 98-126 Reserved. 6. Wireless communications.

Sec. 98-119. Required conditions.

1. Refer to Article 3, Division 1 regarding off-street loading and unloading. 2. Refer to Article 3, Division 3 regarding Fences and Wall Buffers.

DIVISION 10 - RSV RESERVE DISTRICT

Sec. 98-127. Intent.

The RSV reserve districts are intended primarily to serve the needs of undeveloped city areas areas and lands bordering the Portage Waterway. As a reserve district, RSV lands may be rezoned to allow more intensive urban usage as the demand for additional urban land increases.

Sec. 98-128. Development Standards.

Minimum Lot Size in square feet: 12,000*

Maximum Height of Structures: 100

Minimum Yard Setbacks in feet: Front – 30** Side – 10*** Rear – 35*** Minimum setback From Portage Waterway Not including docks 35

Minimum Floor

Area per Unit: n/a

Maximum Percentage of Lot Area Covered by all buildings: 30

Notes: boundary or any off-premises residential use. *See Article 6, Division 3 for exceptions related to 2. Mining and quarrying when adequate open space plans, cluster developments, and measures have been instituted to protect average size lot. Article 7, Division 5 discusses the residential areas of the community nonconforming lots. Minimum lot size for two- from operational hazards, air and stream family dwellings in the R-2 district shall be 7,500 pollution, and other serious nuisance square feet with 75 feet of lot width. However, if effects which may detract from the either public water or a public sewerage system is environmental amenities of the city. unavailable or inaccessible to a residential lot, 3. Utility services and facilities necessary to such residential lot shall not have an area of less serve the city and immediate environs. than 12,000 square feet; and such residential lot 4. Railroad uses and switching yards shall not be less than 65 feet wide at a distance of necessary to sustain rail transportation 25 feet from its front line. If the lot diminishes in services, but not manufacturing. width from front to rear, it shall be no less than 65 5. Public or private marine transportation feet wide at a distance of 50 feet from its front facilities. line. Sec. 98-131. Required conditions. **Where the existing front yards of two or more principal structures in any block in the same 1. Any permitted uses in the RSV district district and on the same side of the street are less which border within 1,000 feet of the than the minimum required front yard, any Portage Waterway shall not be approved subsequent buildings within that block need not until a site plan has been submitted for have a front yard greater than the minimum depth review and approval by the planning of any existing front yard. commission. 2. The required site plan shall illustrate the ***Whenever a rear yard abuts a side yard on the intended uses of the premises, building same side of a street in a residential district, the arrangement, access routes, docking, required side yard abutting the street shall not be parking and related features; and further less than the required front yard of the district in shall indicate methods, devices and which it is located. manners by which the waterway will be protected from shoreline erosion, siltation, Sec. 98-129. Principal uses permitted. and chemical or biological pollution. To the extent practical or feasible, whenever 1. One-family dwellings. reasonable options are available, endeavor 2. Seasonal homes and/or vacation cottages. to: 3. Farms. a. Retain and enhance existing 4. Growing and harvesting of forest products scenic features of the site and nursery stock. (vegetation). 5. Publicly owned parks, playgrounds and b. Provide for open views of the recreational facilities. waterway, and avoid walling off 6. Private or commercial recreation areas. the shoreline with structures over 7. Non-profit schools. four feet in height. 8. Public buildings and uses, including cemeteries. 9. Churches and religious uses. Sec. 98-132 – 98-139 Reserved. 10. Wireless communications.

Sec. 98-130. Uses permitted only with a Special Land Use Permit. (Article 6, Division 2)

1. Riding academies or stables, provided that all animal housing and pasture areas are at least 200 feet from any residential district 29

applicable with respect to each of the lots DIVISION 11 – MULTIPLE USE DISTRICTS contained in the subdivision.

Sec. 98-140. Intent. Sec. 98-142. Reserved.

The multiple use district is intended to serve the DIVISION 12 – CENTRAL BUSINESS needs of undeveloped city areas that are or may OVERLAY DISTRICT become suitable for the integration of any combination of uses previously permitted. Sec. 98-143. Purpose The purpose of these standards is to establish clear Sec. 98-141. Principal uses permitted. and concise principles for the area hereby established as the Central Business Overlay 1. Subject to the prior review, consent and District. The boundary of the District is defined approval of the planning commission and by the southern-most lines of properties that abut the council, any combination of uses the south side of Montezuma Avenue to the permitted in divisions 2 through 9 of this Portage Waterway, between Bridge Street and chapter may be permitted in the multi-use Franklin Street. These standards are intended to: district. All proposed subdivisions within 1. Preserve the extant historic aesthetic and a multi-use district shall be subject to character of downtown Houghton. approval by the council after first having 2. Foster the District as a place that provides received the review recommendation of an attractive, lively social environment the planning commission. Prior to any that is economically viable. review, a subdivision plan shall be 3. Focus on all users including existing and submitted by the developer to the planning new businesses, community members, and commission illustrating the intended use visitors. of the premises, building and housing 4. Cultivate the District by maintaining and arrangements, access routes, docking, enhancing it as a thriving center with a parking and related features; and further high concentration of retail, service, and shall indicate methods, devices and dining experiences. manners by which any waterway will be 5. Provide access for pedestrians, bicyclists, protected from shoreline erosion, siltation motorists, and transit riders of all ages and and chemical and biological pollution and abilities. shall indicate such information otherwise 6. Facilitate and manage adequate parking required by this chapter. Any other that meets the needs of the activities in the provisions of this chapter notwithstanding, District the council may approve a subdivision 7. Improve pedestrian, bicycle and motor plan permitting construction to extend up vehicle wayfinding. to one boundary of one or more of the lots 8. Enhance the waterfront and improve its in the proposed subdivision. connectivity to Shelden Avenue. 2. The preliminary plat for any multi-use 9. Encourage street facades of new subdivision shall be presented by the developments and renovations of existing developer to the planning commission, buildings that respect the character of the which plat shall depict the general designated Historic Downtown District. intended use and restrictions applicable to the various lots in the subdivision in Sec. 98-144. Development Standards. addition to the information otherwise 1. Building Placement. Buildings can be required in this chapter. Such plats shall built no more than 10 feet from the front be approved or rejected by the council lot line on Shelden Avenue. after having received the review 2. Residential dwellings are not permitted at recommendation of the planning street level on Shelden Avenue. commission. The final plat of the 3. Parking. All uses and buildings, except subdivision shall, likewise, depict the lodging facilities, within this district shall specific uses permitted and the restrictions be exempt from the minimum parking space requirements in this chapter. Shared 30

parking arrangements are strongly furniture and fixtures must be encouraged to allow parking spaces to be stored inside the building or in an shared by more than one user. alternate location other than a public sidewalk. Sec. 98-145. Principal Uses Permitted. H. Other additional signs are not The following uses are permitted in addition to the permitted beyond those permitted uses already permitted in the district. for the existing restaurant. 1. Outdoor cafes, outdoor eating areas, and I. Preparation of food and beverages open front restaurants. Those establishments is prohibited in the outdoor café or proposing to use the public right-of-way are any outside eating area using public subject to the following site design right-of-way. standards: J. The outdoor café, or its operation, A. An annual permit from the city for shall not damage, stain, or discolor use of the right-of-way is required. any part of the sidewalk or public B. Use of the right-of-way is only right-of-way. permitted seasonally between April K. The outdoor café shall provide 1 and October 31. evidence of insurance coverage C. The sale and consumption of naming the city as an additional alcohol are governed by the insured party in an amount Michigan Liquor Control Act and acceptable to the city. any applicable local ordinance. 2. Outdoor theatres. D. A minimum of five feet of public sidewalk along the curb and leading to the entrance of the establishment Sec. 98-146 – 98-149 Reserved. must be maintained free of tables and other encumbrances. The pedestrian area shall also be free from benches, waste receptacles, fire hydrants, and similar structures. If the sidewalk is not wide enough to allow for a five-foot-wide clearance for circulation, the outdoor café shall not be permitted on a public sidewalk. E. Pedestrian circulation and access to building entrances shall not be impaired. A boundary (maximum encroachment width and length) into the public sidewalk shall be established with an accessible aisle being maintained between this line and the curb, in accordance with the provisions of all state and federal regulations. F. The outdoor café must be kept clean, litter free, and with a well- kept appearance. Outdoor waste receptacles may be required. G. Tables, chairs, waste receptacles, and other elements of street furniture shall be compatible with the architectural character of the adjacent buildings. When not in use, all tables, chairs, and other 31

DIVISION 12 – GENERAL EXCEPTIONS the width of an adjoining alley shall be considered as part of such lot. No Sec. 98-150. Area, height and use exceptions. building can be erected in the alley. 6. Yard regulations. When yard regulations The regulations in this chapter shall be subject to cannot reasonably be complied with, or the following interpretations and exceptions: where their application cannot be determined on lots of peculiar shape, 1. Essential services. topography or due to architectural or site a. Essential services shall be arrangement, such regulations may be permitted as authorized and regulated by modified or determined by the board of law and other ordinances of the city, it appeals. being the intention of this chapter to 7. Porches. An open, unenclosed and exempt such essential services from the uncovered porch or paved terrace may application of this chapter. project into a front yard for a distance not b. Major essential services such as exceeding ten feet, but this shall not be high-tension transmission towers, electric interpreted to include or permit fixed substations, gas regulator stations, sanitary canopies. fill sites, incinerators, and the like shall 8. Access through yards. Access drives may require special approval from the board of be placed in required front or side yards so appeals before being allowed in any area as to provide access to rear yards and/or that abuts a residential district. accessory structures. Any walk, terrace or 2. Voting place. The provisions of this a like surface area not in excess of nine chapter shall not be so construed as to inches above the grade upon which placed interfere with the temporary use of any shall not be considered a structure, and property as an official public voting place. shall be permitted in any required yard. 3. Height limit. The height limitations of this chapter shall not apply to farm buildings, Sec. 98-151 -- 98-155 Reserved. chimneys, church spires, flagpoles, public monuments or wireless transmission towers; however, the board of appeals DIVISION 13 - MISCELLANEOUS may specify a height limit for any such structure when such structure requires Sec. 98-156. Averaged Size Lot authorization as a conditional use. 4. Lot area. Any lot existing and of record on For flexibility in dealing with parcels of irregular the effective date of the ordinance from shape or parcels which do not divide equally into which this chapter derives may be used for lots, the subdivider or developer may vary his lot any principal use permitted in the district sizes and lot widths so as to average the minimum in which such lot is located, whether or size of lot per unit as required in the schedule of not such lot complies with the lot area regulations, for R-1 residential districts. requirements of this chapter, but not conditional uses for which special lot area The subdivision shall not create lots having an requirements are specified in this chapter, area or width greater than ten percent below that and except as provided in section 98-760. area or width required in the schedule of Such use may be made provided that all regulations and shall not create an attendant requirements other than lot area increase in the number of lots. requirements prescribed in this chapter are complied with, and provided that not more All computations showing lot area and the than one dwelling unit shall occupy any resultant average shall be indicated on the print of lot except in conformance with the the preliminary plat. provisions of this chapter for required lot area for each dwelling unit. 5. Lots adjoining alleys. In calculating the area of a lot, for the purposes of applying lot area requirements of this chapter, half Sec. 98-157. Performance standards. 32

No use otherwise allowed shall be permitted within the use district which does not conform to the following:

1. Smoke, dust, dirt, fly ash, odor and fumes; It shall be unlawful for any person to permit the emission or discharge of any smoke, dust, dirt, fly ash, or odor and fumes in quantities sufficient to create a nuisance within the city. 2. Glare and radioactive materials; Glare from any process (such as or similar to arc welding or acetylene torch cutting) which emits harmful rays shall be permitted in such a manner as not to extend beyond the property line, and as not to create a public nuisance or hazard along lot lines. Radioactive materials and wastes, and including electromagnetic radiation such as X-ray machine operation, shall not be emitted to exceed quantities established as safe by the Michigan Department of Environmental Quality, when measured at the property line. 3. Fire and explosive hazards; Either on the inherent nature of the use or whenever, the zoning administrator deems the storage, utilization or manufacture of any materials to be a fire hazard or potential fire hazard, the city fire chief shall prescribe buildings, setbacks and other requirements necessary to assure safe property use conditions. Also, the storage and handling of flammable liquids, liquefied petroleum, gases and explosives shall comply with the state rules and regulations as established by Public Act No. 207 of 1941 (MCL 29.1 et seq.).

Sec. 98-158 – 98-199 Reserved.

as otherwise provided in this chapter, but ARTICLE 3 – SITE STANDARDS is allowed in the rear-yard setback or underneath the building or ground. (See exception in 98-204). DIVISION 1 – PARKING 4. Any parking area that is not on a hard surface shall have a definite separation Sec. 98-200. Off-Street Parking. from the non-parking area and have properly bedded surface aggregate. Rental Off-Street parking facilities for the parking of properties shall remain subject to the hard- motor vehicles and bicycles for occupants, surface parking lot construction customers, employees and other invitees shall be requirements of 98-204. provided and continuously maintained in 5. Any area once designated as required off- accordance with the provisions of this chapter. street parking or any existing off-street parking area shall not be changed to any Sec. 98-201. Off-Street Parking Space Design other use unless it is on surplus parking and Construction. area and/or until equal facilities are provided elsewhere. Parking lots required under the terms of this 6. Driveway entrances shall be a minimum chapter shall be approved by the zoning of 25 feet from an intersection. administrator, subject to any required (city or otherwise) construction specifications and Sec. 98-203. Non-Residential Off-Street standards and due consideration for the following: Parking Requirements.

1. Safe ingress and egress from public In addition to the standards included in 98-201, streets. off-street parking for non-residential uses shall be 2. Effective storm drainage and dust control constructed in accordance with the following measures provisions: 3. Safe maneuvering lanes and effective spacing between vehicles. 1. Dedicated off-street parking for non- 4. A logical circulation system in parking residential uses shall be either on the same lots. lot or within 500 feet of the building it is 5. The avoidance of backing directly onto a intended to serve, measured from the public street. nearest point of the building to the nearest point of the parking lot. Sec. 98-202. Residential Off-Street Parking 2. Any area once designated as required off- Requirements. street parking or any existing off-street parking area shall not be changed to any In addition to the standards included in 98-201, other use unless it is on surplus parking off-street parking for residential uses shall be area and/or until equal facilities are constructed in accordance with the following provided elsewhere. provisions: 3. Shared parking agreements. Where a mix of land uses creates staggered peak 1. Parking spaces shall be a minimum of 9 periods of parking demand, shared parking feet wide and 20 feet long. agreements that have the effect of 2. Parking spaces shall have free and reducing the total amount of required unobstructed access to the street parking spaces are encouraged. Shared consisting of a parking strip, parking bay, parking agreements for off-street parking driveway, garage or a combination, and for two or more buildings or uses is shall be located on the premises they are permitted subject to the following: intended to serve. (See exception at 98- A. The total number of required 204). parking spaces for each use on 3. Off-street parking shall not be permitted each lot shall not be reduced by within a required front yard or a side yard more than 25 percent. setback unless in an approved driveway or 34

B. Shared parking areas shall be 98-204. Exceptions. located within 300 feet of the use, measured from the nearest point 1. All uses and buildings, except lodging of the building to the nearest point facilities, within the Downtown shall be of the off-street parking area or exempt from the minimum parking space space. requirements listed in this Article, this C. If lots are adjacent, they shall be area being defined as Downtown in this interconnected for vehicular ordinance. passage. 2. In the R-2, R-3, and R-4 Residential D. Written agreements that provide Districts, for any change to the footprint or for continued use and new construction, all parking must be maintenance of shared parking provided for in the rear-yard or side-yard. shall be submitted at the time of No parking is permitted in the front yard. site plan or zoning permit However, if there are existing physical approval. All agreements shall characteristics of the property that present include provisions to address practical obstacles to rear-yard parking, changes in use. the planning commission may either: E. Shared parking agreements or a. Reduce the front yard setback to leases shall remain in full force 15 feet so that the parking can be and effect binding on both parties. provided in the rear yard; or In the event the shared parking b. Allow off-street parking in the agreement or lease is terminated front yard which may include a by either party, or is not being portion of the required front-yard enforced or complied with, full setback. parking requirements must be 3. In the R-3 and R-4 Residential Districts, met. off-street parking lot construction on a lot F. The City is not responsible for the which is not contiguous to the property for enforcement of any agreement which the parking lot is used must meet between the parties. the following standards: 4. In the instance of dual function of off- a. The noncontiguous parking lot street parking spaces where operating must be within 500 feet of the hours of buildings do not overlap, the property for which the parking is board of appeals may grant an exception used and must be under the same to the spaces required. ownership. To ensure there is 5. The storage of merchandise, motor always adequate parking vehicles for sale, trucks or the repair of available, the owner of the vehicles is prohibited on required off- properties must record with the street parking spaces. Houghton County Register of 6. On any side of a nonresidential off-street Deeds a statement that no sale of parking area which abuts a residential either property will be made district, there shall be provided a without a concurrent sale of the continuous screening device (fence, wall other property. The properties can or greenbelt) not less than four feet six only be divided with prior inches in height. All screening devices approval of the Houghton City shall be maintained in good condition and Council. shall consist of materials which b. There must be a 10-foot complement the residential environment landscaped setback exclusive of of the area as well as a regard for access driveways on the front, continuity with any existing screening back and side yards. Setbacks devices. must be landscaped in accordance 7. Driveway entrances shall be a minimum with 98-230. Parking lot surfaces of 25 feet from an intersection. must be in accordance with Chapter 14-148.B.2.

c. A site plan review is required for of bicycles. Such facilities shall provide all non-contiguous parking. lockable racks or enclosed locker d. Any use established under this structures in which a bicycle may be subsection shall preserve and locked by the user. Structures that require respect existing site amenities to a user supplied locking device shall be the fullest; and any site work in designated to accommodate U-shaped the required front yards that will locking devices. All racks and lockers disturb grass lawns, scenic views, must be securely anchored to the ground tree stands and/or shrubbery shall or the building structure to prevent the be subject to review by the board racks and lockers from being removed of appeals for approval or from the location. Enclosed facilities shall disapproval. be designed and maintained to be clean. 2. Bicycle parking facilities shall be located 98-205. Bicycle Parking Requirements. in a clearly designated, well-lighted, safe, and convenient location. The design and Bicycle off-street parking space shall be required location of such facility shall be in all districts except for R-1 and the Downtown. harmonious with the surrounding environment. The facility location shall 1. Accessory off street parking for bicycles be at least as convenient as a majority of shall include provisions for secure storage the automobile parking spaces provided.

98-206. Off-Street Parking and Bicycle Spaces Required per Unit of Measure

Intent By including off-street parking maximums, the city recognizes that land is a valuable resource for residents, the environment, and development. Excess parking adds unnecessary impervious surfaces that increases storm water runoff, creates heat islands, promotes urban sprawl, increases costs, and decreases the availability of land for higher purposes. In specifying single-value minimums and maximums, the city intends a balanced approach that takes into account the above factors while providing convenient and safe vehicular access for the public, including residents, business patrons, and employees. The city recognizes that special circumstances may create valid needs for exceptions to specified parking space maximums. Accordingly, Sec. 998- 208 provides for modifications.

Land Use Residential Automobile Minimum and Maximum Bicycle Minimum Single-family Residence 2-person dwelling (no maximum) Not applicable Conversion from single-family to multi- 1 per efficiency apartment and /or 1 per 1per 2 bedrooms family residence in R-2, R-3, and any bedroom conversion residential use in any other district except R-4. Purpose-built multi-family residence in Efficiency units: 1 per unit 1 per 2 bedrooms R-2, R-3, and any purpose-built Single bedroom units: 1 per bedroom residential use in any other district 2-bedroom units: 1 per 1.25 bedrooms except R-4. 3-or more bedroom units: 1 per 1.5 bedrooms

R-4 1 per 2 bedrooms 1 per 2 bedrooms Elderly housing 1 per 2 bedrooms 1 per 10 bedrooms

Land Use Commercial and Public Automobile Minimum and Bicycle Minimum Maximums Places of public assembly 1 for each 4 seats 1 per 10 auto spaces Schools 1 per employee. High schools add 1 One per 10 auto for each 10 students spaces Extended care facilities 1 per 6 beds plus 1 per employee of 1 per 10 auto spaces largest shift Professional and administrative offices; e.g., 1.5 per employee 1 per 10 auto spaces insurance, real estate, accounting, financial services, law Professional offices of doctors, dentists or 1.5 per employee 1 per 10 auto spaces similar professions and outpatient clinics Retail business; durable goods 1 per 350 gross square feet of floor 1 per 10 auto spaces area Eating and drinking establishments; (if both 2 for every 5 seats plus 1 per 1 per 10 auto spaces parking and service lane(s), drive-thru employee of largest shift requirement below also applies Drive-thru businesses: e.g., eating and 100 feet of queue lane plus 1 space 1 per 10 employee drinking establishments, and banks (drive-thru per employee of the largest shift if auto spaces component only) drive-thru only

Banks (non-drive-thru component only) 1.5 per employee 1 per 10 auto spaces Beauty or barber shops 1 per employee plus 1 per service 1 per 10 auto spaces chair or position Recreational facility 1 per 100 square feet of usable floor 1 per 10 auto spaces area Lodging 1 per rental unit plus 1 per 1 per 10 auto spaces employee of the largest shift Assisted Living 0.5 per unit plus 1 per employee of 1 per 15 auto spaces the largest shift Equipment 1.5 per employee of the largest shift 1 per 10 auto spaces assembly/warehouse/wholesale/manufacturing facility All others not clearly falling within any of the As determined to be adequate by the As determined to be above classifications Planning Commission adequate by the Planning Commission

Notes: not be inconsistent with the purpose and a. Space requirements are cumulative; intent of such requirements. hence, a country club may require parking for the golf use as well as restaurant or bar use. The applicant must provide evidence, b. Employees refer to all full-time staff and deemed sufficient by the Planning part-time equivalents. Commission, showing that the proposed

Sec. 98-207. Off-Street Loading and modification is necessary to meet higher or Unloading. adequate to meet lower parking, loading, or bicycle demand for the specified use. In the On the same premises with every building or case of a proposed increase, the evidence structure involving the receipt or distribution of must include a determination that off-site vehicles or materials or merchandise, there shall shared parking is not available or adequate be provided and maintained on the lot, adequate to meet demand. Evidence shall include a space for standing, loading and unloading. quantitative analysis.

All designated loading spaces shall be approved by the zoning administrator; and such space Sec. 98-209 – 98-229 Reserved. shall be in keeping with the character of the use and the normal size of vehicles serving the use DIVISION 2 – LANDSCAPING (e.g. small vans and panel trucks, large vans, and/or semitrailer rigs, etc.). Uses in the central 98-230. Landscaping requirements. business district exempt from meeting the off- street parking requirements shall also be exempt In any case where a site plan review, greenbelt, from off-street loading requirements. or planting is required, all site landscaping improvements shall conform to the following Sec. 98-208. Exceptions. standards:

The Planning Commission may permit the 1. Landscape Plan. A detailed landscape modification (either an increase or decrease) plan for all yard areas shall be submitted of automobile parking space, loading space, to the city showing the names (common or bicycle requirements where, in the and botanical), location, spacing, particular instance, such modification will starting size and planting and staking 38

details of all plantings to be installed, shall be considered in the evaluation of and the location and types of all landscape plans. Ample variety and materials proposed to be included in the quantity of ornamental plants, trees and landscape treatment of the yard areas. shrubs should be provided. A few This provision shall apply to all dominant types are usually chosen with landscape yards including those subordinate types interspersed for expanded beyond the minimum setback accent. Repeating some types creates requirements of this article. unity, but no types should be overused. 2. General Requirements. Existing Variety should be achieved with respect significant trees, tree stands, natural to seasonal changes, species selected, vegetation, and wildlife habitat shall be texture, color and size at maturity. integrated into this site landscape plan to Landscaping should be encouraged that the maximum extent possible. Whenever will serve the functions of enhancing the any yard (front, side or rear) is not visual environment, ensuring public designated for a building, off-street safety, moderating the microclimate and parking, loading and unloading, storage minimizing nuisances. Landscaping or other purpose within the terms and should serve to integrate the project with requirements of a given zoning district, the site, with a particular sensitivity to it shall be landscaped with approved the natural topography, drainage and materials or living plant materials which existing native vegetation. It should shall be maintained in an aesthetically enhance the architecture of surrounding pleasing condition. All landscaped structures, when possible, by being of areas shall be protected from the similar scale. Visual variety would be encroachment of vehicles or pedestrians the aim of landscaping treatment. by curbing or other suitable device. Landscaping should be used to break up The zoning administrator may approve large expanses of pavement. Local soil, constructed features of other materials, water, and other climatic conditions such as masonry walls or brick, stone should be considered when choosing and cobblestone pavement, as a landscape material to create optimum supplement or substitute, upon a conditions for their survival and to showing by the applicant that general ensure that they will thrive with a plantings will not prosper at the minimum amount of maintenance. intended location. Raised planting surfaces and use of 3. Construction. Landscaping shall be curbs may be used to achieve this planted, landscape elements shall be objective. Species that are a public installed, and earth moving or grading nuisance or that cause litter should be performed in a sound workmanlike avoided. manner and according to accepted good 6. Parking lot landscaping requirements. planting and grading procedures, with A. Interior parking lot landscaping. the plant materials and grading as The interior portion of parking described in this chapter. lots shall incorporate and 4. Time Limits. All landscaping shall be provide curbed tree planting completed within six (6) months from spaces providing not less than the date of occupancy and shall 100 square feet of land area per thereafter be reasonably maintained with each tree planted. Trees shall be permanent plant materials to provide a placed somewhat evenly, either screen to abutting properties. symmetrically or Subsequent phases of the site shall be asymmetrically, throughout the seeded, mowed and maintained. parking area. The number of 5. Design Objectives. The following trees required shall be based on general design objectives and criteria a ratio of one tree for each six 39

parking spaces, or fraction 9. Plant material size. Minimum size thereof, for the first 20 spaces. allowance to be measured at Beyond the first 20 spaces, the ratio shall be 1 tree for every 12 Height Caliper parking spaces, or fraction Evergreens 5’ 6” (at 12”above thereof. Small parking areas of ground) less than 20 spaces may have Narrow 3’ 4” (at 12” above the required trees placed next to Evergreens ground) the parking area, rather than Large 8’ 2 ½” (at 6” above within the lot proper. The Deciduous ground) minimum size of all parking lot Small 2” (at 6” above trees shall be 1 inch caliper at Deciduous ground) the time of planting. Large 6’ B. Frontage landscaping. Street Deciduous landscaping shall be required Shrubs along any public right-of-way Tree-like 4’ line of any street, road or shrubs highway in the required front yard setback of districts where 10. Approved Plant Materials. parking is not permitted. One A. Evergreen trees: Juniper, Fir, tree shall be planted for each 30 Spruce, Hemlock, Pine, linear feet of the landscaping Douglas-Fir. strip and shall be located within B. Narrow Evergreens: Column said required front yard setback. Hinoki Cypress, Blue Columnar Chinese Juniper, Pyramidal C. Vision clearance. To ensure Red-Cedar, Swiss Stone Pine, that landscape materials do not Pyramidal White Pine, Irish constitute a driving hazard, clear Yew, Douglas Arbor-Vitae, vision site triangles shall be Columnar Giant Arbor-Vitae. established at all street C. Tree-Like Shrubs: Flowering intersections and at the Crabs, Mountain Ash, Redbud, intersection of site driveways Hornbeam Magnolia, Russian and streets. Internal parking lot Olives, Dogwood, Rose of landscaping improvements Sharon, Hawthorn. should be located to avoid D. Large Deciduous Shrubs: blocking the vision of drivers Honeysuckle, Mock-Orange, within the parking lot. Lilac, Cotoneaster, Euonymus, 7. Plants and materials. All plant materials Viburnum, Forsythia, Ninebark, used shall be placed in fertile soil with Hazelnuts, Privet, Sumac. suitable drainage and shall be given E. Large Deciduous Trees: Oaks, reasonable maintenance necessary to Hackberry, Planetree ensure their healthy existence and (Sycamore), Ginkgo, Sweet- survival. All materials shall be gum, Linden, Hard maples, maintained or refurbished as necessary Birch, Beech, Honeylocust, Hop to ensure a positive aesthetic quality. All Hornbeam. proposed landscaped plantings shall F. Trees Recommended for meet the minimum size requirements Parking Lots: specified in this section. i. Small Trees: (< 30 ft.) 8. Plant material spacing for natural appropriate for narrow fences. See Section 98-242 4. a. spaces (less than 4 feet wide), planting squares or 40

circles surrounded by Bur Oak, Chinkapin Oak, concrete, large raised Yellow Chestnut Oak, planting containers or other English Oak, Northern Red places where underground Oak, Basswood, American space for roots will not Linden, Littleleaf Linden, support large trees. Trident Silver Linden, Japanese Maple, Hedge Maple, Zelkova. Freeman Maple, Tatarian Maple, Amur Maple, 11. Prohibited Plant Materials. Where a Serviceberry, Ironwood, landscape plan is required, the following American Hornbeam, plant materials are specifically Musclewood, Eastern prohibited: redbud, White Fringetree, A. Box Elder. Washington Hawthorn, B. Silver Maple. Winter King Hawthorn, C. Elm. Flowering Crabapple, D. Poplar/Aspen/Popple Canada Red Chokecherry, E. Tree of Heaven. Smooth Sumac, Japanese F. Catalpa. Lilac Tree. G. Willow. ii. Medium Trees: (30-45 ft.) H. Horse Chestnut (nut bearing). Appropriate for medians 4-8 I. Norway Maple and similar feet wide, large planting cultivar. squares, and other open areas J. Giant Japanese Knotweed of at least 50 square feet K. Buckthorn where the above and below ground growing space will 12. Maintenance. The owner of property allow mature trees 30-45 ft. required to be landscaped by this section tall. European or Black shall maintain such landscaping in good Alder, Black Tupelo, Black condition so as to present a healthy, neat Gum, American and orderly appearance, free from refuse Hophornbeam, Persian and debris. All plant materials shall be Parrotia, Korean continuously maintained in a sound, Mountainash. weed-free, healthy and vigorous iii. Large Trees: (>45 ft.) growing condition, and shall be kept Recommended for streets free of plant diseases, weeds and insect without overhead restrictions pests. All unhealthy and dead material where planting lawns or shall be replaced within one year or the medians greater than 8 feet next appropriate planting period, wide will allow for a large whichever comes first. root system, trunk diameter, and root flare. Also Sec 98-231 – 98-239 Reserved. appropriate for parks or other large open areas. Red Maple, Sugar Maple, DIVISION 3 – FENCES, WALLS Common Hackberry, Hardy Rubber Tree, Thornless Sec. 98-240. Corner clearance. Common Honeylocust, Kentucky Coffeetree, No fence, wall, shrubbery, sign or other European Larch, American obstruction to vision above a height of two feet Larch, Tamarack, Amur from the established street grades shall be Corktree, Swamp White Oak, permitted within the triangular area formed at 41 the intersection of any street right-of-way lines 9. The design and construction materials by a straight line drawn between the right-of- for fences shall be of a type approved by way lines at a distance along each line of 25 feet the zoning administrator, or be in from their point of intersection. accordance with any official city standards, and further shall be consented Sec. 98-241. Fences, walls and hedges to by a signed agreement between the generally. abutting property owners. In cases of disagreement, the board of appeals shall Fences, walls and hedges may be permitted in rule on fence construction features. any district subject to the following limitations and conditions: Requirements for fences, walls and hedges are not intended to restrict landscaping features that 1. If mutually agreeable to the abutting exist or may be planted as a part of the property owners, a fence may be erected beautification of any premises provided such on the property line; otherwise the fence planting does not constitute a hedge that may be erected one foot inside and obstructs the vision of drivers on streets or parallel to the property line with the driveways and does not obstruct natural light finished side facing the abutting and air on adjacent premises. property. 2. Fences or walls in a required rear yard setback shall not exceed six feet in Sec. 98-242. Fence and wall buffers. height in residential districts subject to the provision in 98-240. 1. For those use districts and uses listed 3. In residential districts, fences, walls or below, there shall be provided and hedges shall not exceed a height of six maintained on those sides abutting or feet in required side yard setbacks and adjacent to a residential district an four feet in required front yard setbacks. obscuring wall or fence as required. 4. Privacy fences, walls or hedges may be These requirements do not apply erected outside the required rear yard whenever the use, storage area, etc., is setback to a maximum height of eight more than 200 feet from the adjacent feet. residential district boundary. 5. Fences in residential districts shall not contain barbed wire or be electrified. Use Required Primary 6. No fence, wall or hedge shall be Height of Purpose to be constructed nearer than five feet to any Buffer(feet) Served public street or alley right-of-way. (See Off-street 6 Screening and 98-240). parking lots Protective 7. Fences or walls which enclose public for all uses areas shall not exceed a height of ten except 1 & 2 feet and shall not obstruct vision to an family extent greater than 25 percent of the residential fence or wall surface area. B1, B2 and I 6 to 8 where Screening 8. Fences, walls and/or hedges may be district uses indicated and/or modified with respect to height containment limitations by the zoning administrator, Open outdoor 6 Screening provided a signed agreement between all storage areas abutting property owners consent to any larger than modification, and there is no 200 square interference with sight distances at street feet corners or driveway entrances. Hospital and 6 Screening funeral home 42 entrances shall be planted not more than 30 Utility service 6 Screening and feet on centers, and shall be not buildings Protective less than eight feet in height. and/or substations Sec. 98-243 – 98-249 Reserved.

DIVISION 4 – ACCESSORY BUILDINGS 2. All plans and specifications for buffer and ADDITIONAL BUILDINGS walls and fences must be approved by the zoning administrator for materials, Secs. 98-250. Accessory buildings for non- entranceways, locations, basic design residential use. and related materials. All fences shall be designated to fulfill the primary function 1. Intent. It is the intent of this chapter that of protection, containment and/or accessory buildings for non-residential screening and further shall be use be placed on the lot in such a maintained in a pleasing appearance. manner that they can be maintained on 3. Depending on continuity and property all sides and there is no undue owner agreement, required buffer walls encroachment upon adjacent properties, or fences may be located on the opposite and sunlight, movements of air and side of an alley right-of-way from a views from adjacent residential premises nonresidential district whenever a are not impaired beyond a reasonable nonresidential district abuts a residential point. Therefore, some premises which district. have extremely limited land areas may 4. The board of appeals may waive or not be capable of supporting an modify wall and fence requirements accessory building. where cause can be shown that no good 2. Minimum requirements. Accessory purpose would be served by strict buildings shall comply with the compliance. Greenbelts and naturally minimum requirements for main wooded areas may be substituted for buildings, except as follows: buffer walls and fences upon approval a. Unless structurally attached, of the board of appeals. If the board of accessory buildings shall not be appeals approves a natural fence, the located closer than five feet to any plant materials shall be placed as main building. follows: b. In districts other than R-1 districts a. Plant materials shall not be placed (except in cluster situations), closer than four feet from the accessory buildings may locate in fence line or property line. Where required side yards or required front plant materials are placed in two yards subject to approval by the or more rows, plantings shall be board of appeals, who shall staggered in rows. Evergreen trees determine that: shall be planted not more than 30 i. There is at least 15 feet feet on centers and shall be not vehicular backing space less than five feet in height. between a residential garage Narrow evergreens shall be and any sidewalk or similar planted not more than six feet on pedestrian walkway. centers and shall be not less than ii. There is no undue three feet in height. Large encroachment upon adjacent deciduous shrubs shall be planted premises; and sunlight, air flow not more than four feet on centers, and views from the adjacent and shall not be less than six feet property's dwellings are not in height. Large deciduous trees impaired by shadows, high 43

walls and related obstructions. amended, being MCL 324.101, et seq.; Section A minimum side yard of eight 401(p) of the Federal Water Pollution Control feet shall be provided. Act (also known as the Clean Water Act), as amended, being 33 USC 1342(p) and 40 CFR Sec. 98-251. Additional Buildings. Parts 9, 122, 123 and 124; and other applicable state and federal laws. Intent. It is the intent of this chapter that additional buildings for residential and 2. Purpose. commercial use, where applicable, be placed on the lot in such a manner that they can be It is the purpose of this ordinance to establish maintained on all sides, and sunlight, minimum storm water management movements of air and views from adjacent requirements and controls to accomplish, among structures are not impaired beyond a reasonable others, the following objectives: point, and emergency services, such as the fire department, are able to perform necessary A. To reduce artificially induced flood duties. damage; B. To minimize increased storm water Additional buildings shall not be located closer runoff rates and volumes from than 25’ to any adjacent building on the lot. identified new land development; C. To minimize the detrimental impact Secs. 98-252 – 98-259 Reserved. on existing watercourses, culverts and bridges, and other structures; DIVISION 5 – EXTERIOR LIGHTING D. To encourage water recharge into the ground where acceptable Sec. 98-260. Exterior lighting. geologically favorable conditions exist; 1. Exterior lighting shall be designed and E. To prevent an increase in non-point constructed in such a manner to ensure source pollution; that all glare and lighting is confined to F. To limit overtaxing of existing the development site, and that any point storm water infrastructure by new light sources are not directly visible post-development flow; from beyond the boundary of the site. G. To maintain the integrity of stream channels for their natural aesthetic, Secs. 98-261 – 98-269 Reserved. geological, and biological functions, as well as for drainage and other purposes; DIVISION 6 – STORM WATER H. To minimize any negative impact of MANAGEMENT development upon streambank and streambed stability; Sec. 98-270. General. I. The preferred solution for the accomplishment of the majority of 1. Statement of Authority. these objectives is by limiting post- development peak discharge to This ordinance is adopted in accordance with the predevelopment peak discharge for Home Rule City Act, as amended, being MCL the four (4) storm events listed in 117.1, et seq.; the Drain Code of 1956, as Section III.B.5 and filtering amended, being MCL 280.1, et seq.; the Land impervious surface runoff in grass Division Act, as amended, being MCL 560.1, et swales or with other similar seq.; the Revenue Bond Act, as amended, being methods. MCL 141.101, et seq.; and the Natural Resources and Environmental Protection Act, as 44

3. Applicability, Exemptions and General “minor” project) provided an Provisions acceptable general management plan for any additional storm water This ordinance shall apply to any development generated is presented. or redevelopment site which requires approval of a plat, site plan review, or any other permit 4. Wetland Permitting for work which will alter storm water drainage characteristics of the development or Developers must be aware of the Michigan redevelopment site, provided, however, that this Department of Natural Resources, Michigan ordinance shall not apply to the following: Department of Environmental Quality and U.S. Army Corps of Engineers definitions of A. Agricultural activity or silvicultural wetlands and floodplains. These regulatory practice that is consistent with an entities oversee and regulate wetlands and approved Natural Resources floodplains. Permits may be required from these Conservation Service conservation regulators, and are the responsibility of the plan; developer to determine if required and to obtain. B. Additions or modifications to any single family or duplex structure; Sec. 98-271. Storm water Permit. C. Landscaping or gardening involving less than 1 acre of land; 1. Permit Required D. Construction of a single family or duplex structure on a legal lot within A developer or property owner shall not engage a development that itself previously in any development without first receiving a received approval under this storm water management permit from the city ordinance provided that less than 1 except as otherwise exempted. acre of land is cleared or graded for such construction; City approval of the storm water management E. Construction of a single family or plan and facilities does not connote approval of duplex structure on a legal lot that other state and federal laws such as Part 301, existed prior to this ordinance Part 303, Part 31, Construction Site Storm water. provided that less than 1 acre of land is disturbed. 2. Planning Commission Review F. Any development within the Downtown is exempt from meeting The planning commission shall review the storm any peak flow requirements, but water management plan to determine must meet Best Management compliance with the conditions contained in Practices (“BMPs”) for water Section 98-271. 3. quality where practical. During major construction or reconstruction The storm water management plan shall be part in the Downtown, the owner is of the planning commission site plan review. required to remove roof and perimeter drains from sanitary sewer 3. Conditions of Approval and reroute to storm water sewer system when it is in, or adjacent to The city shall grant a storm water management the construction or reconstruction. construction and maintenance permit, with the G. The planning commission has the terms and conditions in accordance with this right to waive a professionally ordinance, and shall be granted only upon sealed storm water plan requirement compliance with each of the following based on size (affected area) and requirements: type of development (e.g.: if development could be classified as a 45

A. The developer/owner has submitted a storm water management plan complying B. Plan submittal requirements: with Section 98-271.4.; B. The storm water management plan The following plan requirements are in addition conforms with all applicable design and to the design requirements and performance performance standards for storm water standards specified in Section 98-272. The management systems, as set forth in applicant shall provide a storm water Section 98-272 of this ordinance; management plan to the city for review and C. All storm water facilities and approval. Upon written request with justification construction site erosion and runoff by the applicant, or at its own initiative, the controls are designed in accordance with planning commission may determine that one or the most current BMPs; more of the requirements may be waived. D. The developer has paid or deposited the Waivers are only valid upon written approval by storm water permit review fee(s) the city. Applicant shall submit 3 paper copies pursuant to Section 98-271. 6.; and one electronic copy of the sealed storm E. For commercial and industrial water management plan, which shall identify developments and all other developments and contain all of the following information: remaining private, the developer/property i. Contact information - The name, owner provides the required maintenance address, telephone number, e-mail agreement for routine, emergency, and address or other contact information long-term maintenance of all storm water of all persons having a legal interest runoff facilities and in compliance with in the property, the design the approved storm water management engineering firm, and the licensed plan and this ordinance. The maintenance professional engineer. The property agreement shall be acceptable to the city description or parcel number of the in form and substance and shall be properties to be developed and all recorded with the Houghton County adjacent or affected properties. Register of Deeds; Include information on the zoning classification of the applicant's parcel 4. Storm water Management Plan and all adjacent parcels. The plan Requirements coversheet shall include an index and the signature(s) of the owner(s) of the A. General Plan Requirements: parcel(s) and the licensed i. Using thorough maps, illustrations, professional engineer. reports, and calculations, the storm ii. General Location map – A large area water management plan shall map depicting the location of the display the required information in a development site and all nearby clear and logical sequence. The water bodies, ditches, or municipal storm water management plan shall storm water sewer systems that will be sufficiently detailed, including receive storm water runoff. calculations, to specify the type, iii. Topographic base map - The existing location, and size of all erosion and proposed topography of the control, storm water facilities and development site, including the storm water structures. alignment and boundary of the ii. The storm water management plan natural drainage courses, with shall be drawn to a scale of at least contours having a maximum interval one inch equal to 40 feet (1 inch = of not greater than two feet. The map 40 feet) for property less than three shall also show existing surface water acres and one inch equal to one drainage (permanent and hundred feet (1 inch = 100 feet) for intermittent) and flow direction, property three acres or more in size. including streams, ponds, culverts, 46

ditches, and wetlands; location of meet the requirements as 100-year floodplain, if applicable to outlined in Section 98-271(7). the site; current land use including all This plan shall provide the existing structures, utilities, roads, effective control of construction etc. and easements; designated site storm water runoff and natural areas; and any proposed sediment track-out onto environmental mitigation features. roadways. iv. Soils map - The site delineated x. Maintenance plan - A document on the Houghton County Soil detailing the maintenance of the Survey Map. Provide full planned storm water facilities. descriptions of all the site’s The maintenance plan for soils. Areas classified as private systems shall include a udipsamments will require site mandatory association or other specific evaluations to enforceable commitment to determine the soil classification provide routine, emergency, and to be used for runoff long-term maintenance of the calculations. facilities and, in the event that v. Watershed - A map showing the the facilities are not maintained drainage boundary contributing in accordance with the approved to the proposed development storm water management plan, and/or earth change, and each the maintenance plan shall discharge point and its authorize the city to maintain contributing watershed exiting any onsite storm water facility the development and/or earth as reasonably necessary, at the change on a topographical map. owner's expense. vi. Calculations – Storm water xi. Sealed Plans – The submitted calculations shall be provided in plan shall be stamped and accordance with the design signed by a licensed Michigan standards referenced in Section professional engineer unless a 98-272. waiver is granted. vii. Site plan - A drawing showing xii. Vegetation plan - A drawing, all proposed storm water which details the existing facilities with existing and final vegetation to remain and grades. This map shall also protective measures to be show existing and proposed lot undertaken during construction. lines, property lines, easements, xiii. Fees - Payment of applicable structures, parking areas and review fees is required before adjacent landowners, etc. on the any review will commence. parcel and within 100 feet of the xiv. Phased development plans - site. Should the applicant plan to viii. Construction plan - An subdivide or develop a given implementation and sequencing area but wishes to begin with plan for construction and only a portion of the total area, inspection of all storm water the storm water management facilities, including a schedule plan shall include the proposed of the estimated dates of general layout for the entire completion of the storm water area. The first phase of the facilities shown on the plan. subdivision/development will be ix. Sedimentation and erosion clearly superimposed upon the control plan - A soil erosion and overall plan in order to illustrate sedimentation control plan shall clearly the method of 47

development and/or earth upon by the city. The zoning change that the applicant administrator shall consider the intends to follow. The storm following to be a minor change. water management plan for the a. Any change that does not current phase shall comply in decrease the effectiveness detail with this ordinance. of approved storm water Moreover, the storm water facilities. management plan shall include b. Any change that does not preliminary calculations and cause an increase in runoff devices for future phases rate. sufficient to demonstrate to the Should the zoning administrator city the feasibility of future determine that the requested phases complying with the modification to the approved standards of this ordinance. plan is not minor, then the applicant shall submit a new 5. Approved Plans and Amendments plan for review as required by A. Approved plans - Approval of final this ordinance. development plans, site plans, and C. Expiration – City approval shall final preliminary subdivision plats expire one year from the date of shall not be granted prior to such approval, unless construction approval of the storm water has commenced and proceeds management plan, but may be satisfactorily. simultaneously approved with the storm water plan approval. Final 6. Storm water Permit Review Fees approval of the storm water plan shall be made by the entity The fee for reviewing, and approving or denying (planning commission, council) that a storm water management permit shall be set makes final approval for other city from time to time by the council and is listed in requirements. Upon approval of the Appendix A to this Code. sealed storm water management plan, the zoning administrator shall 7. Construction Site Runoff Controls sign two copies thereof. One signed copy shall be made a part of the Prior to making any earth change on a city’s files; and one copy shall be development site regulated by this ordinance, the returned to the applicant. developer shall first obtain a soil erosion permit B. Amendments - Amendments to an issued in accordance with Part 91 of Act No. approved storm water management 451 of the Public Acts of 1994, as amended, if plan may occur only under the one is required. The developer shall install following circumstances: construction site runoff controls and shall phase i. The holder of an approved plan the development activities so as to control shall notify the zoning sediment/construction site storm water runoff administrator of any proposed and off-site sedimentation. amendment to such approved plan. 8. Completion of Construction ii. Minor changes may be approved by the city manager A. The city shall issue a Certificate of upon certification in writing to Completion of Construction when the the city that the proposed following requirements are met. revision does not alter the basic i. Certification by the developer’s design nor any specified licensed Michigan professional conditions of the plan as agreed engineer that the storm water 48

management plan facilities have designed, constructed, and maintained been completed in accordance with to control runoff, prevent flooding and the storm water management plan. protect water quality. The storm water ii. Submittal of as-constructed plans management features and facilities prepared by the design engineer designed for the site shall consider: which show the final constructed i. the natural features, wetland, and conditions of the improvements. watercourses on the site; B. Failure to comply with requirements a. ii. the potential for onsite and offsite and b. prior to the occupancy of the flooding, water pollution, and building, will result in the withholding erosion; of the Certificate of Completion of iii. The size of the site. Construction and the Certificate of B. All redevelopment shall comply with Occupancy until the developer provides the sections of this ordinance. If equal a suitable reason for the failure to or greater than 50% of the developed complete the storm water management site is redeveloped, then the entire site plan prior to the occupancy of the must comply with this ordinance. building including: C. All post-development peak flow shall i. An estimate of the date of not exceed predevelopment peak flow completion of the storm water while addressing first-flush water management plan quality. All discharges must be ii. An estimate of the cost of the addressed from the site in question, remaining work while riparian rights are maintained. All previously developed sites that are 9. No Change in Approved Facilities being redeveloped shall meet the same criteria as sites starting in an Storm water management facilities, after undeveloped condition. construction and approval, shall be maintained D. General standards – The standards for in good condition, in accordance with the onsite and offsite storm water approved storm water management plan, and management are: shall not be subsequently altered, revised or i. Storm water facilities shall be replaced except in accordance with the approved designed to prevent flood hazards storm water management plan, or in accordance and water pollution related to storm with approved amendments or revisions in the water runoff, soil erosion and plan. channel erosion from the proposed earth change. 10. Terms and Conditions of Permits ii. Existing storm water from upstream and offsite locations shall In granting a storm water permit, the city may be safely conveyed around or impose such terms and conditions as are through the site, or stored onsite. reasonably necessary to effectuate the purposes Existing offsite flow that of this ordinance. A developer shall comply with contributes to onsite flow shall be such terms and conditions. incorporated into all the onsite calculations. Sec. 98-272. Design and Performance iii. Unless otherwise approved, storm Standards water runoff shall be conveyed through swales and vegetated 1. Performance and General Standards buffer strips so as to decrease runoff velocity, to allow for natural A. All developments and earth changes infiltration and passive storage, to subject to review under the allow suspended sediment particles requirements of this ordinance shall be to settle, and to remove pollutants. 49

iv. Cutting, filling, and grading shall guarding of soil structure during be minimized and the natural saturated periods when designing topography of the site shall be storm water infiltration preserved, except where specific components of a management findings demonstrate that major system. Furthermore, the alterations will still meet the following areas and conditions are purposes and requirements of this considered inappropriate for use ordinance. of storm water infiltration: v. All development involving earth a. Fueling and vehicle changes shall be designed, maintenance and storage constructed, and completed so that areas. the exposed area of any disturbed b. Areas with less than 3 feet land is exposed for the shortest separation distance from the possible period of time. bottom of the infiltration vi. Developers of residential system to the elevation of developments shall provide storm seasonal high groundwater water facilities that account for the or the top of bedrock. total buildout of the development c. Areas with runoff from including, but not limited to, industrial, commercial and projected roof, lawn and driveway institutional parking lots areas, and all new roads. and roads with less than 5 vii. Developers of commercial or feet separation distance industrial areas shall provide storm from the bottom of the water facilities for all proposed infiltration system to the improvements for which planning elevation of seasonal high commission approval is sought. groundwater or the top of For subdivided commercial or bedrock. industrial lots, future d. Areas within 400 feet of a developers/owners will be community water system responsible for their proposed well or within 100 feet of a development. However, the city private well. may request evidence that future e. Any area where the soil development can reasonably between the bottom of the accommodate facilities that meet infiltration system and the requirements of this ordinance. seasonal high groundwater E. Storm water facilities - The types of or the top of bedrock is a storm water facilities are listed in clean sand (consisting of order of preference, with the most less than 10% silt/clay sized desirable listed first. soil particles). i. Storm water storage facilities - Storage may be open air basins or 2. Design and Performance Standards below ground. Options for storage basins are: For additional design and performance a. Wet detention basin. assistance to meet this ordinance, the MDEQ b. Extended detention basins. BMP, and MDEQ Storm water Guidebook may c. Detention basins be utilized. d. Retention basins ii. Infiltration facilities Storm water A. Rate of Peak Discharge – By design, management plan designers shall storm water facilities for the developed consider the site criteria, including site shall maintain or reduce the peak soil permeability and the safe- runoff discharge rate following the same 50

rainfall, as compared to predevelopment iii. 50-year, 24-hr Type II storm = conditions applicable to the developed 4.25 inches. site. iv. 100-year, 24-hour Type II storm B. Volume of Total Discharge – Any = 4.75 inches. increased volume of water discharged F. Runoff and Routing Calculation: due to earth changes and/or i. Methods - All existing and proposed development of the site shall not create storm water runoff calculations shall adverse impacts to downstream property be completed using the USDA – owners and watercourses. These Natural Resources Conservation adverse impacts may include, but are not Service (NRCS) NEH Part 630 limited to, flooding, excessive soil methodology (commonly known as saturation, crop damage, erosion, water TR-55), or equivalent methodology. quality impairment or wildlife habitat Equivalent methodology can be damage. TR-20, winTR-20 (limited to 2,000 C. First-Flush from Impervious Surfaces – acres) HEC-1, or HEC-HMS (any First flush must be contained within an size basin) which include basin and infiltration or extended detention basin. pond routing. Other methods must Border areas, and streets and rights of be approved in writing by the City way immediately adjacent to the before submittals are made. development not readily served by ii. Submittals – To demonstrate proposed onsite storm water runoff compliance with performance collection features may not need to be standards indicated in Section III A. captured by first flush containment, & B. above, calculations must be provided they account for less than 5% supplied for, at a minimum, the four of the calculated first-flush runoff. storm events listed in Section III, B. D. Detention and Retention Basin Design – 5) above. Give a brief description All types of detention and retention of methods used and state all basins shall be designed to hold assumptions. Provide flow rates, runoff in accordance with Section detention volumes, routing 98-272 2. E. All basins: calculations, conveyance capacities, i. Shall be permanently stabilized freeboard heights, and any other to minimize erosion; pertinent calculations. ii. Shall have an overflow system; iii. Basins and associated berms iii. Landscaping and Vegetation and landscaping shall be designed to protect public safety Vegetative materials used must adhere to the and to be visually attractive; city’s landscape ordinances. iv. Shall include a forebay depression; iv. Proximity to Water Bodies and Wetlands v. Shall be provided in platted outlots, common areas or open All shoreline, floodplain and wetland space areas. development shall comply with state and federal vi. May be below ground. regulations. E. Design Storm Events - The following National Weather Service rainfall data v. Variances shall be used when completing runoff calculations for locations within the city: The Zoning Board of Appeals shall have the i. 2-year, 24-hour Type II storm = authority to interpret this ordinance and may 2.25 inches. grant variances to these requirements provided ii. 25-year, 24-hour Type II storm the variances are consistent with the general = 3.75 inches. purpose and intent of the requirements. In 51 addition to these procedures, when variances are during inspection of the facility and at requested from the storm water management other reasonable times upon request. ordinance, the applicant shall show that storm water management systems have been provided 2. Access. to the maximum extent feasible within the requirements of this ordinance. When any new storm water facilities are installed on private property, or when any Sec. 98-273. Maintenance new connection is made between private property and a public drainage system, the 1. Responsibility property owner shall grant to the City, through an easement, the right to enter the A. Responsibility - Maintenance of storm property at reasonable times and in a water facilities shall be the reasonable manner for the purpose of responsibility of the person or persons periodic inspections. This access includes holding title to the property except as the right to enter a property when the city listed below. These persons are has reason to believe that a violation of this responsible for the continual operation, ordinance is occurring or has occurred, and maintenance, and repair of storm water to enter when necessary for the abatement of facilities and BMPs in accordance with a public nuisance or correction of a violation the provisions of this ordinance. of this ordinance. Options, other than the property owner, include: Property owner's association 3. Easements which shall include provisions for financing necessary maintenance in A. Easements - The owner shall provide all deed restrictions or other contractual easements necessary to implement the agreements. Means of permanent storm water management plan and to maintenance through agreement with the otherwise comply with this ordinance in city, or other appropriate governmental form and substance required by the city. agency. The owner shall submit the easement to B. Maintenance plan - A maintenance plan, the city for recording prior to issuance as specified in Section II, D, shall of the permit. The easements shall include specific maintenance activities assure access for proper inspection and for each storm water facility and any maintenance of storm water facilities in other elements of the approved storm perpetuity and shall provide adequate water management plan. Provisions emergency overland flow ways. must be made for the removal of B. Easement widths - Widths will be sediment materials and trash from storm determined by the city and be situated in water facilities. The maintenance plan such a way as to allow maximum shall be submitted simultaneously for adequate maintenance access. In municipal review with all other required general, easement widths are 20 feet, but elements of the storm water final determination will be as deemed management plan. necessary by the city. C. Record keeping - Parties responsible for the operation and maintenance of storm 98-274. Enforcement. water facilities shall make records of the installation and of all maintenance and 1. Violations repairs, and shall retain the records for at least five years after the maintenance A person who violates any provision of this or repairs are completed. These records ordinance is responsible for a municipal civil shall be made available to the city infraction, subject to payment of a civil fine as set forth in Chapter 51 of the city code. 52

If any billing for fees or fines related to City 2. Stop Work Order maintenance of, or noncompliance with requirements of this ordinance shall remain A. Stop work order – Where there is work unpaid, the amount unpaid thereof shall in progress that causes a violation of any constitute a lien on the property to which such provision of this ordinance, the city is service is provided. If any bill remains unpaid authorized to issue a stop work order to for 60 days from the date of issue, then the City prevent further or continuing violations. shall serve notice, by registered mail with return All persons to whom the stop work receipt requested, that if the amount owed is not order is directed, or who are involved in paid in full within six months of the registered any way with the work or matter letter, The nonpayment will be certified described in the stop work order shall annually, on January 1, by the City official or fully and promptly comply with this officials in charge of the collection, to the order. The city may also undertake or Assessor of the local unit the facts of cause to be undertaken any necessary delinquency, who shall place the same on the protective measures to prevent next tax roll of the local unit. Such charges so violations of this ordinance or to avoid assessed shall be collected in the same manner or reduce the effects of noncompliance. as general taxes of the local unit against such The cost of any such protective premises are collected and lien there and measures shall be the responsibility of enforced. In addition, the city may, adopt, by the owner of the property upon which Resolution, and require a security deposit as a the work is being done and the protection against possible future delinquencies responsibility of any person carrying out in an amount not to exceed a reasonable estimate or participating in the work. of the previous delinquent payment. The deposit B. Emergency measures - When shall be refunded without interest when the emergency measures are necessary to development has been clear of fines or fees for a moderate a nuisance, to protect public period of two (2) years, or if the city sooner safety, health and welfare, or to prevent decides the deposit is no longer required. loss of life, injury or damage to property, the city is authorized, but not Secs. 98-275—98-399 Reserved. required, to carry out or arrange for all such emergency measures. Property owners shall be responsible for the cost of such measures made necessary as a result of a violation of this ordinance, and shall promptly reimburse the city for all such costs.

3. Restoration

Any violator of this ordinance may be required to restore land to its predevelopment condition and/or repair and stabilize damaged areas. In the event that restoration or repairs are not undertaken within a reasonable time after notice, the City may take necessary corrective action, the cost of which shall become the responsibility of the violator.

4. Fees and Fines, Delinquent

ARTICLE 4 – USE STANDARDS

98-415 Outdoor sales spaces for 98-400 Accessory Dwelling Units automobiles, house trailers, recreation vehicles or boats 98-401 Churches and schools 98-416 Drive-in restaurant or drive- 98-402 Utility and public service thru. buildings and uses. 98-417 Veterinary hospitals or clinics 98-403 Private noncommercial recreation areas 98-418 Outdoor sales space for plant materials, nurseries, lawn 98-404 Private outdoor swimming furniture, playground equipment pools and garden supplies

98-405 General hospitals 98-419 Commercially used outdoor recreational space 98-406 Convalescent homes and orphanages 98-420 Riding academies or stables

98-407 Motels and motor inns 98-421 Home based business

98-408 Medical clinics and professional 98-422 Medical marihuana dispensaries offices and medical marihuana nurseries 98-409 Lodge halls and fraternal assembly buildings 98-423 Adult business

98-410 Mortuaries and funeral homes 98-424 Solar panels

98-411 Open-air business 98-425 Personal wind generating towers

98-412 Automobile showrooms and 98-426 Wireless communications service centers 98-427 Marihuana Retailer 98-413 Gasoline service stations 98-428 Short-Term Rental 98-414 Recreation resorts

10. At least one owner of record shall Use Standards are allowed as provided in the occupy either the primary dwelling unit Zoning Districts and subject to their conditions. or the accessory dwelling unit. The owner occupant shall meet the Sec. 98-400. Accessory Dwelling Units located requirements for a principal residence within the R-1 single-family zoning district tax exemption. require a Special Land Use Permit and must 11. If the accessory dwelling unit is to be meet the following requirements: rented, a rental license is required in 1. An application must be submitted to the accordance with Chapter 14. The zoning administrator that includes the Accessory Dwelling Unit shall not be floor plans for the accessory dwelling leased for a period of less than six (6) unit including any alterations needed to months at a time. the exterior of the primary structure to accommodate the accessory dwelling Sec. 98-401. Churches and schools and unit. other facilities normally incidental thereto, when 2. The existing site and use are located in a residential district shall have at least substantially in compliance with this one property line abutting a major street or state Ordinance and the International or federal highway as designated on the Act 51 Property Maintenance Code (Chapter road map. 14). 3. The accessory dwelling unit is allowed Sec. 98-402. Utility and public service only on a parcel having at least 5,000 buildings and uses (without storage yards) are square feet. only allowed in residential districts when 4. Only one Accessory Dwelling Unit per operating requirements necessitate the locating parcel is allowed with a maximum of of the building within the district to serve the two dwellings per parcel. immediate vicinity. 5. The Accessory Dwelling must be fully contained within the structure of the Sec. 98-403. Private noncommercial primary dwelling. recreation areas, and institutional or 6. Only one entrance may be located on the community recreation centers, are subject to façade of the primary structure facing the following conditions: the street, unless the primary structure contained additional entrances before 1. The proposed site for uses permitted in the accessory dwelling unit was created. this article which would serve areas An exception to this regulation is beyond the immediate neighborhood entrances that do not have access from shall have primary access from a major the ground such as entrances from street, or a state or federal highway as balconies or decks. designated on the Act 51 road map. 7. Fire escapes or exterior stairs for access 2. Front, side and rear yards required for to an upper level accessory dwelling the district shall be landscaped. There shall not be located on the front of the shall be no parking or structures primary structure. permitted in these yards except walls or 8. The accessory dwelling unit must have fences used to obscure the use from at least 250 square feet of gross floor abutting residential districts. area. 9. There shall be one hard-surface, off- Sec. 98-404. Private outdoor swimming street parking space provided for the pools shall be permitted as an accessory use accessory dwelling unit in excess of the within the rear yard only, provided they meet the required parking for the primary following. dwelling.

1. There shall be a distance of not less than which contain at least 100 feet of width and have four feet between the outside pool wall and direct access to a major street as designated on any building located on the same lot, 35 the city’s Act 51 road plan. feet from any front lot line and ten feet from any property line. Sec. 98-410. Mortuaries and funeral homes, 2. All swimming pools shall be enclosed when located in an R-3 zoning district must have by a fence not less than five feet in height. a minimum lot width of 100 feet and direct The gate shall be of a self-closing and access to a major street as designated on the latching type, with the latch on the inside of city’s Act 51 road plan. the gate to protect children. Gates shall be capable of being securely locked. Raised Sec. 98-411. Open-air business uses when pools may be exempted by the zoning developed in planned relationship with the B-2 administrator whenever a fence may not be district, to include retail sales of plant material practical. and sales of lawn furniture, playground equipment, sporting goods and garden supplies. Sec. 98-405. General hospitals will have no maximum height restrictions when the following Sec. 98-412. Automobile showrooms and conditions are met: service centers when developed and planned as a part of a larger retail center and designed so as 1. All such hospitals shall be developed to integrate the automobile service center with only on sites consisting of at least two adjacent stores so that pedestrian access routes acres in area. to retail specialty shops and general merchandise 2. All access to the site shall be from a stores are not interrupted by the establishment, major street or state or federal highway extension or expansion of automotive service as indicated on the Act 51 road plan. centers.

Sec. 98-413. Gasoline service stations, Sec. 98-406. Convalescent homes and engine and body repair, tire shops, steam orphanages shall provide not less than 1,000 cleaning and undercoating. square feet of open space for each bed in the home. The 1,000 square feet of land area shall 1. Must be conducted within a completely provide for landscaping, off-street parking, enclosed building. drives, loading space, and accessory uses, but 2. Are limited to activities whose external shall not include the area covered by main or effects will not adversely extend beyond accessory buildings. the property line. 3. No vehicles, pumps or appurtenances Sec. 98-407. Motels and motor inns, when shall be stored or located nearer than located in an R-3 zoning district, must have a ten feet from the front lot line. minimum lot width of 150 feet and direct access 4. Wrecked vehicles shall be obscured to a major street as designated on the city’s Act from public view and shall not be 51 road plan. stored in the open for a period longer than 15 days. Sec. 98-408. Medical clinics and 5. Ingress-egress points to the lot shall be professional offices (except veterinarian clinics at least 30 feet from the intersection of and animal hospitals), when located in an R-3 any two streets. zoning district, must have a minimum lot width of 150 feet and direct access to a major street as Sec. 98-414. Recreation resorts. Public or designated on the city’s Act 51 road plan. private outdoor recreational facilities of a resort character may be permitted in any district by the Sec. 98-409. Lodge halls and fraternal board of appeals, after a hearing, provided: assembly buildings must be located on lots 56

1. The use occupies a total site area of at 2. Soil fertilizer, or other loose or least 40 acres. unpackaged materials shall be contained 2. The site has physical characteristics so as to prevent any nuisance effects on readily adapted for the proposed use adjacent uses. with minimum disturbance to natural site features. Sec. 98-419. Commercially used outdoor 3. There is no conflict with the recreational space subject to the following: comprehensive land use plan relative to neighborhood units and industrial park 1. Parking areas shall be provided off the areas. road right-of-way. 4. All principal site uses and facilities are 2. Children’s amusement facilities must be set back at least 100 feet from the fenced on all sides with a minimum property line. five-foot wall or fence. 3. All manufacturer’s safety specifications Sec. 98-415. Outdoor sales space for are complied with as well as any automobiles, house trailers, recreation additional safety measures that may be vehicles or boats subject to the following: prescribed as necessary by this Code. 4. When discontinued or abandoned, the 1. Ingress and egress to the outdoor sales site shall be left in a reusable condition area shall be at least 30 feet from a street free from hazards, dangerous intersection. excavations and abandoned structures. 2. No major repair or major refinishing shall be done except in an enclosed Sec. 98-420. Riding academies or stables. building. Facilities for horseback riding, accessory trails 3. Dust and surface water runoff shall be and stables may be allowed by the board of controlled. appeals in RSV, B-3, and I districts, or on farms in unplatted areas, provided that animal housing Sec. 98-416. Drive-in restaurant or drive-thru facilities or enclosures are located at least 300 subject to the following: feet from any off-premises residential structure. Under a temporary permit basis, riding trails 1. A setback of at least 30 feet from the may extend into the rugged and/or undeveloped right-of-way line of an existing street is portions of any district. maintained. 2. Ingress and egress points shall be Sec. 98-421. Home-Based Business. Home located at least 30 feet from a street based businesses in an R-1, R-3, R-4 zoning intersection. district require a Special Land Use Permit and are subject to the following conditions: Sec. 98-417. Veterinary hospitals or clinics must conduct all activities within a completely 1. The business shall not occupy more than enclosed main building. All buildings must be 25% of the floor area of the dwelling set back at least 200 feet from a residential unit or a maximum of 500 square feet, district boundary. whichever is smaller. 2. There will not be more than one person Sec. 98-418. Outdoor sales space for plant who is not a member of the household materials, nurseries, lawn furniture, employed by the business. playground equipment and garden supplies 3. Only one person other than residents of must meet the following conditions: the dwelling unit and the one employee shall visit the business at a time. 1. All storage and/or display shall meet all 4. There shall be no signs used to indicate setback requirements for a structure or the presence of the business on the 20 feet, whichever is greater. premises. 57

5. There shall be no equipment used, the effective date of this ordinance, marihuana operation of which can be sensed remains classified as a Schedule 1 controlled outside of the dwelling unit. substance under the Federal Controlled 6. No activity related to the business shall Substances Act, 21 U.S.C.§ 801 et seq., which be conducted in an accessory building. makes it unlawful to manufacture, distribute, or 7. Approval of a home-based business dispense marihuana. Nothing in this ordinance shall vest only in the person making the is intended to grant immunity from any criminal application, and shall not be transferable prosecution under federal laws. Medical to another person. Marihuana Dispensaries, Medical Marihuana 8. Application for approval of a home- Nurseries, and Provisioning Centers shall be based business shall include a signature allowed in the B-3 district subject to the indicating approval of the property following conditions and standards: owner if that person is different from the

applicant. 1. Words used herein shall have the definitions 9. The business shall not constitute a retail store. No goods other than those as provided in Medical Marihuana Facilities produced or processed on the premises Licensing Act, MCL § 333.27101 et shall be sold. seq. and Michigan Medical Marihuana 10. The business shall not necessitate the Act, MCL § 333.26421, both as may use of commercial vehicles. be amended. To the extent that the 11. There shall be one designated hard following definitions conflict with the surface parking space for visitors of the definitions found in the act, the business supplied on the property. definitions found in the Medical Marihuana Facilities Licensing Act, Sec. 98-422. Medical marihuana MCL § 333.27101 et seq. and dispensaries and medical marihuana Michigan Medical Marihuana Act, nurseries, and provisioning centers. MCL § 333.26421 shall apply. A. “Marihuana” means all It is the intent of this ordinance to authorize the parts of the plant Cannabis establishment of certain Medical Marihuana sativa L., growing or not; the Dispensaries and Medical Marihuana Nurseries seeds of that plant; the resin under the Michigan Medical Marihuana Act, extracted from any part of the MCL § 333.26421 et seq., and certain plant; and every compound, Provisioning Centers under the Medical manufacture, salt, derivative, Marihuana Facilities Licensing Act, MCL § mixture, or preparation of the 333.27101 et seq., in the City and to provide for plant or its seeds or resin. the adoption of reasonable restrictions to protect Marihuana does not include the the public health, safety, and general welfare of mature stalks of the plant, fiber the community at large; retain the characteristics produced from the stalks, oil or of neighborhoods; and mitigate potential impacts cake made from the seeds of the on surrounding properties and persons. Nothing plant, any other compound, in this ordinance is intended to grant immunity manufacture, salt, derivative, from criminal or civil prosecution, or sanction mixture, or preparation of the for the cultivation, manufacture, possession, use, mature stalks, except the resin sale, or distribution of marihuana, in any form, extracted from those stalks, that is not in compliance with Michigan law, fiber, oil, or cake, or any including but not limited to the Medical sterilized seed of the plant that Marihuana Facilities Licensing Act, MCL § is incapable of germination. 333.27101 et seq. and Michigan Medical Marihuana does not include Marihuana Act, MCL § 333.26421. As of the industrial hemp. 58

B. “Dispensary” means 2. The City shall not grant any any structure used for permits or licenses for the operation of dispensing marihuana by a any of the following Medical Marihuana primary caregiver or caregivers Facilities, as defined in the Medical to one or more qualifying Marihuana Facilities Licensing Act: patient(s). A medical A. Growers; marihuana dispensary does not B. Processors; include a qualifying patient’s C. Safety Compliance residence if the marihuana Facilities; transferred is exclusively for the D. Secure Transports qualifying patient’s use. 3. At the time the initial C. “Nursery” means any application is submitted, no Medical structure which is used, Marihuana Dispensary, Medical intended for use, or designed for Marihuana Nursery, or Provisioning use in planting, propagating, Center operated under this Sec. shall be cultivating, growing, harvesting, located within 1,000 feet of any of the manufacturing, producing, following pre-existing uses: processing, preparing, A. Any church synagogue, mosque packaging, repackaging, or or any house of worship. storing medical marihuana for B. Any school, public or private, one or more qualifying patients. that has a curriculum including A medical marihuana nursery kindergarten or any one or more of does not include a qualifying the grades one through twelve. C. patient’s residence if the Any nursery school or child care marihuana is exclusively for the center. qualifying patient’s use. D. Any public park. D. “Provisioning Center” E. Any public library. shall mean a commercial entity F. Any residentially zoned located in Michigan that district or residential use. purchases marihuana from a grower or processor and sells G. Any community supplies, or provides marihuana college, university or to registered qualifying patients professional school. directly or through the patient’s 4. Medical Marihuana registered primary caregivers. Dispensaries and Medical Marihuana Provisioning Centers include Nurseries shall only be operated after any commercial property where obtaining a special land use permit marihuana is sold to registered under Sec. 98-109. qualifying parties or registered 5. Provisioning Centers shall not primary caregivers. A be operated without a license issued by noncommercial location used by the City pursuant to the provisions of a primary caregiver, in this ordinance. accordance with the Michigan A. Every applicant for a Medical Marihuana Act, MCL license to operate a Provisioning 333.26421 et seq., is not a Center shall file an application provisioning center for purposes with the Houghton City Clerk or of this article. other designee of the City Council.

B. Upon receipt of a application for a state operating complete application, including license. the initial annual fee outlined F. Within thirty (30) days below and any necessary from the applicant submitting documents required by the proof of obtaining a state application, the application shall operating license and be time and date stamped. completing all other required C. A conditional permits and approvals required authorization means only that by the City, the Clerk shall the applicant has submitted a approve the Provisioning Center valid application for a license. Provisioning Center license. G. If a conditionally The applicant shall not locate or authorized applicant fails to operate a Provisioning Center obtain full authorization from without first obtaining a license the City within one year from from the City as provided the date of the conditional herein, and all other permits and authorization, then such approvals as required by all conditional authorization shall other applicable ordinances and be canceled by the Clerk. regulation of the City, including H. A valid Provisioning a special land use permit under Center license may be renewed 98-109. on an annual basis by submitting D. Within thirty (30) days a renewal application upon a of the applicant receiving the form provided by the City and conditional authorization from payment of the annual license the City, the conditionally fee. Application to renew a authorized applicant must marihuana facility license shall submit proof to the Clerk that be filed at least thirty (30) days the applicant has applied for a prior to the date of its prequalification for a state expiration. operating license or has 6. A Provisioning Center shall submitted a full application for only be operated by the holder of a state such license. If the applicant operating license issued pursuant to the fails to submit such proof, then Medical Marihuana Facilities Licensing such conditional authorization Act, MCL § 333.27101 et seq. Prior to shall be cancelled by the Clerk. operating a provisioning Center the E. If a conditionally facility must comply with all zoning, authorized applicant is denied construction, building or any other prequalification for a state Ordinance of the City. The Provisioning operating license or is denied on Center shall only be operated as long as full application for a state it remains in compliance with Michigan operating license, then such law and all ordinance regulations. An conditional authorization shall authorized Provisioning Center shall be canceled by the Clerk. consent to inspection of the Provisioning Applicant shall provide City Center by City officials and/or by the notice of any denial of (1) Houghton City Police, upon reasonable prequalification for a state notice, to verify compliance with this operating license or (2) full ordinance. If at any time an authorized Provisioning Center violates any 60

Michigan law or ordinance, the City Marihuana Nursery, or Provisioning Council may request that the state Center. revoke or refrain from renewing the 13. No qualifying patients under the Provisioning Center’s state operating age of 18 (eighteen) shall be permitted license. Once such state operating in Medical Marihuana Dispensaries, license is revoked or fails to be renewed, Medical Marihuana Nurseries, or the Clerk shall cancel the City’s license Provisioning Centers at any time except 7. Once a licensed Medical in the presence of qualifying patient’s Marihuana Dispensary, Nursery, or parent or legal guardian or their primary Provisioning Center ceases operation of caregiver. the business, the owner shall notify the 14. Each Medical Marihuana Clerk of the day the business will no Dispensary, Medical Marihuana longer be in operation. Nursery, and Provisioning Center shall 8. It is hereby expressly declared display in a manner legible and visible that nothing in this ordinance shall be to its clientele: held or construed to give or grant to any A. Notice that qualifying Medical Marihuana Dispensaries, Patients under the age of Medical Marihuana Nurseries, or eighteen (18) are not allowed in Provisioning Center a vested right, the Medical Marihuana license, privilege or permit to continue Dispensary, Medical Marihuana authorization from the City for Nursery, or Provisioning Center operations within the City. The City except in the presence of his/her expressly reserves the right to amend or parent or legal guardian; repeal this ordinance in any way B. No smoking, inhalation including, but not limited to, complete or consumption of medical elimination of or reduction in the type marihuana shall occur within the and/or number of authorized Medical vicinity of the Medical Marihuana Dispensaries, Medical Marihuana Dispensary, Medical Marihuana Nurseries, and Provisioning Marihuana Nursery, or Center. Provisioning Center. 9. Application and renewal fees 15. Only operators and their for Provisioning Centers, if any, will be employees, qualifying patients, parents set by Resolution. or guardians of qualifying patients under 10. All activity related to a Medical 18 years of age, and their primary Marihuana Dispensary, Medical caregiver may be permitted to enter a Marihuana Nursery, or Provisioning Medical Marihuana Dispensary, Center including but not limited to Medical Marihuana Nursery, or growing, shall be done indoors in a Provisioning Center for the purpose of locked structure. obtaining medical marihuana or other 11. Medical Marihuana goods or products associated with its Dispensaries and Medical Marihuana use. A Provisioning Center, Medical Nurseries shall be operated in Marihuana Dispensary, or Medical compliance with the provisions of the Marihuana Nursery, may share the same Michigan Medical Marihuana Act MCL retail space with a Medical Retailer, as 333.26421 et seq. regulated by Section 98-427 of this 12. Smoking, inhalation, or Chapter, but the licensees shall separate consumption of medical marihuana shall and clearly label medical and not be allowed on the site of the Medical recreational products. No person under Marihuana Dispensary, Medical the age of twenty-one (21) years shall be 61 permitted in a retail space for the to be invalid by a court of competent purpose of obtaining recreational jurisdiction, such holding shall not marihuana or products associated with affect the validity or the enforceability its use. of the remaining sections, provisions, 16. Medical Marihuana Nurseries phrases or words of this Ordinance. can grow a maximum of 72 marihuana plants, unless otherwise limited by Michigan law. Sec. 98-423. Adult Business.

17. Primary caregivers and/or Allowed in the B-3 district subject to the qualified patients at the facility must be following conditions and standards: legally registered by the Michigan Department of Community Health 1. No Adult Business shall be located (MDCH) in accordance with the within 1,000 feet of any other Adult Michigan Medical Marihuana Act, as Business Use nor within 1,000 feet of amended and/or the Medical Marihuana any of the following uses: Facilities Licensing Act. A. Any church synagogue, mosque 18. A Medical Marihuana or any house of worship. Dispensary, Medical Marihuana B. Any school, public or private, Nursery, and Provisioning Center shall that has a curriculum including open no earlier than 8:00 a.m. local time kindergarten or any one or more and close no later than 8:00 p.m. local of the grades one through time, and no patients shall be allowed in twelve. the facility after hours. C. Any nursery school or child care 19. Any person who violates any of center. the provisions of this Ordinance shall be D. Any public park. responsible for a municipal civil E. Any public library. infraction and subject to the payment of F. Any residentially zoned district a civil fine of not more than $50.00 plus or residential use. costs. Each day a violation of this G. Any community college, university or professional Ordinance continues to exist constitutes school. a separate violation. A violator of this

Ordinance shall also be subject to such 2. Persons operating an Adult Business additional sanctions, remedies and shall not permit any person under the judicial orders as are authorized under age of eighteen to be on the premises of Michigan law. A violation of this said adult business either as an Ordinance is deemed to be a nuisance employee or as a customer. per se. In addition to any other remedy 3. The maximum hours of operation of the available at law, the City may bring an Adult Business shall be from 8:00 a.m. action for an injunction or other process to 12:00 midnight. against a person to restrain, prevent, or 4. Sexually oriented products or services or abate any violation of this Ordinance. any picture or other representation This Ordinance shall be enforced and thereof, shall not be displayed so as to administered by the Zoning be visible from the exterior of the Administrator or such other city official building. as may be designated from time to time by resolution of the council. Sec. 98-424. Solar Panels 20. In the event that any one or more sections, provisions, phrases or Solar panels are permitted within any zoning words of this Ordinance shall be found district, but cannot exceed the maximum 62 structure height permitted within the zoning A. The zoning administrator shall send district. Solar panels are not permitted in the via first class mail notice of the front yard, but are permitted in a side or rear application to all owners and yard. Solar panels are not allowed in the occupants of all residential minimum required setback for the zoning district properties which lie within 300 feet in which it is located. Solar panels must be of the proposed antenna. The notice removed when not active for a continuous shall identify the proposed location twelve (12) month period. and describe the intended installation. The notice shall Sec. 98-425. Personal Wind Generating indicate that written protests in Towers are permitted within any zoning district, opposition to the application may be but cannot exceed the maximum structure height submitted to the planning and permitted within the zoning district. Towers are zoning administrator's office within not permitted in the front yard, but are permitted 30 days of the mailing. in a side or rear yard. Towers are not allowed in B. If no protest is received, the zoning the minimum required setback for the zoning administrator may approve as an district in which it is located. Towers must be administrative matter. placed on the property so that the height of the C. If a written protest in opposition to tower does not exceed the distance from the the application is submitted within tower base to the property line. the 30-day period by any property owner or occupant within the notice Sec. 98-426. Wireless communications. area, the planning and zoning Wireless communications are permitted subject administrator shall forward the to the following criteria: application to the council for action. The council shall consider the 1. Administrative Review. The zoning application at a public hearing. administrator may administratively Notice of the hearing shall be sent approve any wireless communication via first class mail to the owners and facility for which all support equipment occupants of all residential is screened from view and which properties which lie within 300 feet complies with one of the following of the proposed antenna. criteria: D. Following the public hearing, the council may act to approve the 1) A roof-mounted antenna not application, or approve the exceeding ten feet in height and application with conditions located on a nonresidential necessary to mitigate adverse structure. impacts of the application, or it may 2) Antennas which are architecturally reject the application if it finds that integrated with a building or the proposed antenna installation structure so as not to be recognized would be detrimental to the as antennas. residential neighborhood due to 3) Up to three whip antennas with a visual impacts, noise, traffic, loss of maximum height of 20 feet. privacy or safety or security concerns. 2. However, if any such wireless communication antenna is to be located 3. Special Land Use Permit. All other on property owned by the city, and if the wireless communication facilities shall antenna would be located within 300 be new monopoles or similar support feet of any residential use the following structures and shall be subject to the provisions shall apply. granting of special land use permit in

accordance with article 6, division 2 of zoned lands or apply this chapter and the following standards. nonresidential uses 1) Locational criteria. 2) Facilities shall be sited to provide 2) Mounted wireless communication the least intensive impact as is facilities shall meet the required reasonably possible to minimize setbacks for the structure upon views from residential areas or the which they are located and shall be public right-of-way. situated to provide for maximum 3) Support structures will be limited safety on the site. in all geographic areas to avoid 3) Height. Height of the support excessive visual impacts. structure must be the minimum 4) Monopoles and similar support necessary to support the required structures are prohibited in all coverage; however, in no case shall residential zones. Wireless the antenna or its support structure communication facilities are exceed: For a single user, 100 feet. permitted in the B-2, B-3, I or For two users, 150 feet. For three unplatted RSV districts. or more users, 200 feet. 5) Monopoles and similar support 4) Color. Support structures shall be structures are prohibited in parks, painted in unobtrusive colors, schoolgrounds or other areas unless in accordance with any other heavily trafficked by children. statutory or regulatory 4. Development and design standards. requirements. 1) Setbacks 5) Equipment buildings. Where an i. Wireless communications equipment building accompanying employing guy anchors shall be the support structure is erected, it sited so that the guy anchors for shall be designed to be compatible the structure meet the minimum with the adjacent architecture. setback requirements of the 6) Landscaping and visual impact zoning district where they are requirements. located and do not cross into i. Landscaping shall be provided another zoning district. in sufficient quantity around ii. Separation requirements for the perimeter of the required towers shall comply with the security fencing, as well as following minimum standards: adjacent to any buildings and anchors. Site access entrances Off-site Separation Distance shall also be landscaped. This Use/Designated Area information shall be presented Residential Dwellings 200 feet or 300% on a landscape plan. (single-family or height of tower, ii. When located on an otherwise multi-family) whichever is greater undeveloped site, the existing Residentially zoned 200 feet or 300% natural vegetation of the land which is either height of tower, property shall be maintained platted or has whichever is greater to the greatest extent possible. preliminary The applicants shall provide subdivision plan information on a landscape approval which is not plan regarding existing expired vegetation which is proposed Vacant, unplatted 100 feet or 100% to be removed and methods residentially zoned height of tower, for replacement. In no case land whichever is greater shall an entire site be graded Non-residentially Non, only setbacks and/or cleared for installation 64

of a wireless communication 5) All wireless communication tower. facilities shall receive regular and iii. Whether a freestanding or routine care and maintenance. mounted wireless 6. Co-location. communications facility is 1) In order to maximize the efficiency proposed, the applicants shall of the provision of wireless demonstrate how the communication services, while also accessory building’s design minimizing the impact of such will limit adverse visual facilities on the community, co- impacts to neighboring locating (the provision of more property owners. than one facility at a single location iv. Lighting at the facility and and on a single tower) shall be accessory structures shall be encouraged. All applicants for designed so not to adversely wireless communication facilities affect adjacent property shall be required to provide owners and shall be in information regarding the compliance with FAA feasibility of co-location at standards. proposed or existing sites. 7) Prevention of unauthorized Furthermore, all applicants shall be climbing. Support structures shall required to provide a notarized be designed to prevent letter of intent to lease excess space unauthorized climbing. on the proposed facility and 5. Safety and security requirements. commit itself to the following: 1) All new wireless communication i. Respond to any requests for facilities shall be designed within information from another the applicable ANSI/EIA standards potential shared use applicant; (RSA-22, Revision E), and so as ii. Negotiate in good faith and not to be in conflict with existing allow for leased shared use if airport locations and flight patterns. an applicant demonstrates that 2) The application shall, in it is technically feasible; and conjunction with the application, make no more than a submit a statement that is certified reasonable charge for a shared and sealed by a licensed architect use lease. or engineer indicating that the 2) Should co-location be proposed at proposed wireless communication a wireless communication facility, facility is in compliance with all accessory mechanical buildings Federal Communications shall either be situated directly Commission (FCC) regulations and adjacent to or abutting each other all building and code requirements. and separated by a firewall, shall 3) All wireless communication be placed underground, or shall be facilities shall maintain appropriate designed in a manner which limits liability insurance and supply the the number and size of the city with proof of same prior to building(s) on the site. On-site construction. constraints, such as existing 4) Security fencing shall be installed topographical and other natural completely around freestanding features, may be considered when facilities, any accessory utility reviewing a proposed co-location structures and guy anchors. Access design. Accessory mechanical shall be provided only by a locked buildings shall be designed to be gate. Security fencing shall not be consistent in design, style and required for mounted facilities. exterior appearance. Review and 65

approval of accessory mechanical specific information about the building(s) at a co-location site location, height and design of each shall be made by the zoning tower. The zoning administrator administrator. may share such information with 7. Abandonment. Wireless other applicants applying for communication facilities which have administrative approvals or seeking been abandoned or are unused or special land use permits under this disconnected from the network for a chapter or other organizations period of 12 months shall be seeking to locate antennas within immediately removed from the site at the city, provided, however, that the cost of the facility applicant, or their the zoning administrator is not, by successor(s). Upon removal from the sharing such information, in any site of a tower, the foundation shall also way representing or warranting that be removed to a depth of at least six such sites are available or suitable. feet. Additionally, the fencing and accessory structure(s) shall be Sec. 98-427. Marihuana Retailer. It is the intent demolished and removed from the site at of this ordinance to authorize certain marihuana the cost of the facility applicant, or their establishments under the Michigan Regulation and successor(s). Taxation of Marihuana Act, MCL § 333.27951 et 8. Application requirements. Applications seq. (the “Act”), in the City and to provide for the for a special land use permit as set forth adoption of reasonable restrictions to protect the in in the section shall contain the public health, safety, and general welfare of the following: community at large; retain the characteristics of 1) An explanation of the need of the neighborhoods; and mitigate potential impacts on applicant’s clientele for this surrounding properties and persons. Nothing in communications capacity; this ordinance is intended to grant immunity from 2) Site and landscape plans drawn to criminal or civil prosecution, or sanction for the scale; cultivation, manufacture, possession, use, sale, or 3) A report including a description of distribution of marihuana, in any form, that is not the tower with technical reasons for in compliance with Michigan law, including but its design; not limited to the Act. As of the effective date of 4) Documentation establishing the this ordinance, marihuana remains classified as a structural integrity for the tower’s Schedule 1 controlled substance under the Federal proposed uses; Controlled Substances Act, 21 U.S.C.§ 801 et 5) The general capacity of the tower, seq., which makes it unlawful to manufacture, and information necessary to distribute, or dispense marihuana. Nothing in this assure the ANSI standards are met; ordinance is intended to grant immunity from any 6) A statement of intent on whether criminal prosecution under federal laws. excess space will be leased; Marihuana Retailers shall be allowed in the B-3 7) Proof of ownership or district, subject to the following conditions and authorization to utilize the standards: proposed site; 1. Words used herein shall have the definitions as 8) Copies of any easements provided in the Act, as may be amended. To the necessary; extent that the following definitions conflict with 9) An analysis of the area containing the definitions found in the Act, the definitions existing topographical contours; found in the Act shall apply. 10) A presentation size map which A. “Marihuana” means all parts of the shows an inventory of existing and plant of the genus cannabis, growing or proposed cell site installations not; the seeds of the plant; the resin within the city and within one mile extracted from any part of the plant; and of the border thereof, including every compound, manufacture, salt, 66

derivative, mixture, or preparation of the E. Marihuana Microbusiness. plant or its seeds or resin, including 3. At the time the initial application is submitted, marihuana concentrate and marihuana- no Marihuana Retailer operated under this Section infused products. For purposes of this shall be within 1,000 feet of any of the following act, marihuana does not include the pre-existing uses: mature stalks of the plant, fiber produced A. Any church, synagogue, mosque, or from the stalks, oil or cake made from any house of worship; seeds of the plant, any other compound, B. Any school, public or private licensed manufacture, salt, derivative, mixture, or pre-school, or a public, private, or charter preparation of the mature stalks, except elementary, middle, junior high, or high the resin extracted from those stalks, school, vocational school, secondary fiber, oil, or cake, or any sterilized seed of school, community college, professional the plant that is incapable of germination, school, or other institution of higher industrial hemp, or any other ingredient education; combined with marihuana to prepare C. Any nursery school or child care topical or oral administrations, food, center; drink, or other products. D. Any public park; B. “Marihuana Retailer” means a person E. Any public library; or or entity licensed to obtain marihuana F. Any residentially zoned district or area from a marihuana establishment and to used for residential purposes. sell or otherwise transfer marihuana to 4. Marihuana Retailers shall only operate after marihuana establishments and to obtaining a Special Use Permit under Section 98- individuals who are twenty-one (21) years 109 of this Chapter. of age or older. 6. Marihuana Retailers shall not operate without a C. “Marihuana Retailer License” means Marihuana Retailer License issued by the City the final license granted by the City of pursuant to the provisions of this ordinance. Houghton, under which the licensee may A. Every applicant for a Marihuana operate as a Marihuana Retailer within the Retailer License to operate as a City of Houghton. Marihuana Retailer shall file an D. “Person” shall mean an individual, application with the Houghton City Clerk corporation, limited liability company, or other designee of the City Council, partnership of any type, trust or other upon a form provided by the City. The legal entity. application shall include: E. “Stakeholder” shall mean a shareholder i. The municipal application fee of a corporation, partner in a partnership, in the amount determined by member of a limited liability company or resolution of the council; individual of a sole proprietorship. ii. If the applicant is an 2. It shall be unlawful to operate as a Marihuana individual, the applicant’s name; Retailer without first obtaining a local Marihuana date of birth; Social Security Retailer License, pursuant to this ordinance, and number; physical address, having a validly issued license in good standing including residential and any from the State of Michigan. It shall be unlawful to business address; copy of act as a marihuana event organizer, operate a government-issued photo marihuana event, or operate any of the following identification; email address; and marihuana establishments or facilities, all as one or more phone numbers, defined in the Act: including emergency contact A. Marihuana Growers; information; B. Marihuana Processors; iii. If the applicant is not an C. Marihuana Safety Compliance individual, the names; dates of Facilities; birth; physical addresses, D. Marihuana Secure Transports; or including residential and any 67

business address; copy of meet the criteria set forth in this government-issued photo ordinance. If the background identifications; email address; check indicates a pending and one or more phone numbers charge or conviction within the of each Stakeholder of the past ten (10) years for a applicant, including designation controlled substance-related of the highest ranking felony, the applicant shall not representative as an emergency hire the prospective employee or contact person; contact agent without written information for the emergency permission from the City contact person; articles of Council; viii. The name, date of incorporation or organization; birth, physical address, copy of assumed name registration, if photo identification, and email any; Internal Revenue Service tax address for any managerial identification confirmation letter; employee or employee of the copy of the operating agreement marihuana establishment, if of the applicant, if a limited other than the applicant; liability company; copy of the partnership agreement, if a ix. An affirmation under oath as partnership; names and addresses to whether the applicant or of the beneficiaries, if a trust; or a Stakeholder has ever applied for copy of the bylaws or shareholder or has been granted any agreement, if a corporation; commercial license or certificate iv. The name and address of the issued by a licensing authority in proposed marihuana Michigan or any other establishment; jurisdiction that has been denied, v. For the applicant, or for each restricted, suspended, revoked, or Stakeholder of the applicant, an not renewed and a statement affirmation under oath as to describing the facts and whether they are at least twenty- circumstances concerning the one (21) years of age and are not application, denial, restriction, currently under indictment or suspension, revocation, or have never been convicted of, nonrenewal, including the pled guilty or nolo contendere to, licensing authority, the date each forfeited bail concerning any action was taken, and the reason criminal offense under the laws for each action; of any jurisdiction, either felony or controlled-substance-related x. One of the following: (a) proof misdemeanor not including of ownership of the entire traffic violation; premises wherein the marihuana establishment is to be operated; vi. A signed release or (b) written consent from the authorizing the City of property owner for use of the Houghton Police Department to premises in a manner requiring perform a criminal background licensure under this ordinance check, for a fee established by along with a copy of the lease for the City Council, to ascertain the premises; whether the applicant, each Stakeholder of the applicant, xi. Proof of adequate premises each managerial employee, and liability and casualty insurance each employee of the applicant coverage in an amount not 68 exceeding the requirements graphical materials to be shown addressed in the Act or applicable on the exterior of the proposed Michigan laws, covering the marihuana establishment; marihuana establishment and naming the City as an additional xviii. A location area map of the insured party, available for the marihuana establishment and payment of any damages arising surrounding area that identifies out of an act or omission of the the relative locations and the applicant or its Stakeholders, distances from the closest agents, employees, or exterior corner or exterior wall of subcontractors; the licensed marihuana establishment’s building, or xii. A description of the security distinct portion of a building plan for the marihuana having its own address (e.g.: suite establishment, including, but not or leased portion of a larger limited to, any lighting, alarms, building encompassing the area barriers, recording/monitoring to inspected as a condition of the devices, and/or security guard special land use permit) within arrangements proposed for the which the licensed marihuana facility and premises. The establishment may be licensed to security plan must contain the do business, to the closest real specification details of each piece property line of any of the uses of security equipment; listed in 3 above; xix. A facility sanitation plan to xiii. A floor plan of the protect against any marihuana marihuana establishment, as well being ingested by any person or as a scale diagram illustrating the animal, indicating how the waste property upon which the will be stored and disposed of, marihuana establishment is to be and how any marihuana will be operated; rendered unusable upon disposal (disposal by on-site burning or xiv. An affidavit that neither the introduction in the sewerage applicant nor any Stakeholder of system is prohibited); the applicant is in default to the City. Specifically, that the xx. A copy of the Special Use applicant or Stakeholder of the Permit issued by the Planning applicant has not failed to pay Commission; any property taxes, special xxi. A signed acknowledgment assessments, fines, fee or other that the applicant is aware and financial obligations to the City; understands that all matters related to marihuana growing, cultivation, possession, testing, xv. An affidavit that the transfer safety compliance and of marihuana to and from transporting, are currently subject marihuana establishment shall be to state and federal laws, rules in compliance with the Act or and regulations, and that the other applicable Michigan laws; approval or granting of a Marihuana Retailer License xvi. A staffing plan; hereunder does not exonerate or exculpate the applicant from xvii. Any proposed text or abiding by the provisions and 69

requirements and penalties the applicant, have passed a criminal associated with those laws, rules, background check conducted by the and regulations, or exposure to Houghton City Police Department. A any penalties associated conditional license will not be granted therewith; and further, the until the city treasurer verifies that the applicant waives and forever applicant does not owe to the city any releases any claim, demand, taxes or other default. The Zoning action, legal redress, or recourse Administrator may grant or deny a against the City, its elected and conditional license following the appointed officials, and its foregoing review. The Zoning employees and agents for any Administrator shall deny the conditional claims, damages, liabilities, license if the police chief or designee, the causes of action, damages, or fire chief or designee, or the city treasurer attorney fees that the applicant or designee do not approve the may incur as a result of the application. If the application is denied, violation by the applicant, its the Zoning Administrator shall issue a Stakeholders and agents of those written notice of denial to the applicant laws, rules, and regulations; and identifying the reason for denial. All xxii. Any other information communications will be sent by first class which may be required by the mail to the address for the applicant City Clerk. provided on the application. Should the B. Within fourteen (14) days of receipt of Zoning Administrator deny the a complete application, including the conditional license for any reason, the application fee and any necessary applicant shall have fourteen (14) days documents required by the application, from the mailing date of the denial to (i) the application shall be time- and date- appeal by filing a notice of appeal with stamped by the City Clerk or other the City Council or (ii) amend and authorized City official and referred to the resubmit its application to the Zoning Zoning Administrator or designee for a Administrator for reconsideration of a conditional license review. The Zoning conditional license. The City Council Administrator shall act to approve or deny may require additional information or act an application not later than sixty (60) upon the appeal based upon the days from the date the completed information supplied to the City. The application, complying with the City Council shall hear the appeal. requirements set forth in this Ordinance, Should the City Council reverse the is filed. The Zoning Administrator shall decision of the Zoning Administrator, the review the application and determine Zoning Administrator shall issue a whether the (i) application is complete conditional license. Should the City and complies with all application Council affirm the Zoning requirements and (ii) marihuana Administrator’s denial, the applicant shall establishment adequately protects and have thirty (30) days to appeal the promotes the health, safety, well-being, decision to the Circuit Court for and interests of the community. The Houghton County, State of Michigan. To zoning administrator shall provide a copy the extent an applicant amends and of the application to each of the following resubmits its application to the Zoning for their review and approval: the police Administrator for reconsideration of a chief or designee, the fire chief or conditional license, the conditional designee, and the city treasurer or licensing procedures of this Section shall designee. A conditional license will not govern. be granted until the applicant, and each C. A conditional license will be person holding an ownership interest in accompanied by a completed attestation 70 form, in compliance with the Act and the the conditional license, then such state rules, specifically the Emergency conditional license shall be canceled by Rules of July 3, 2019, Rule 8, Section the Zoning Administrator. 1€(iii), and will facilitate the application H. Should the City grant a Marihuana process for a state license. All Marihuana Retailer License, the application fee shall Retailer Licenses and conditional licenses be considered as the fee imposed for the issued are contingent upon the State of first year the Marihuana Retailer License Michigan issuing a license for the is granted. operation under state law. Withing thirty 6. A Marihuana Retailer License issued under this (30) days of an applicant receiving the ordinance is not transferable without the prior conditional license from the City, the approval of the City under the same terms and conditionally licensed applicant must conditions required for the initial issuance of a submit proof to the Zoning Administrator license under this ordinance. that the applicant has applied for a prequalification for a state operating 7. Information submitted to the City in license or has submitted a full application conjunction with an application for Marihuana for such license. If the applicant fails to Retailer License, shall be subject to disclosure submit such proof, then such conditional under the Michigan Freedom of Information Act, license shall be cancelled by the Zoning 1976 PA 442, MCL 15.231, et seq., unless an Administrator. exemption exists. D. Applicants and license holders shall report any change in the information 8.A Marihuana Retailer shall only be operated by required by this ordinance to the city clerk the holder of a state operating license issued within ten (10) business days of the pursuant to the Act. Prior to operating as a change. Failure to do so may result in Marihuana Retailer, the facility must comply with suspension or revocation of the license. all zoning, construction, building or any other E. If a conditionally licensed applicant is ordinance of the City. The Marihuana Retailer denied prequalification for a state shall only be operated as long as it remains in operating license or is denied a full compliance with Michigan law and all ordinance application for a state operating license, regulations. A Marihuana Retailer shall consent to then such conditional license shall be inspection of the Marihuana Retailer by City canceled by the Zoning Administrator. officials and/or by the Houghton City Police, upon Applicant shall provide the City notice of reasonable notice, to verify compliance with this any denial of (1) prequalification for a ordinance. If at any time a Marihuana Retailer state operating license or (2) full violates any Michigan law or ordinance, the application for a state operating license. Zoning Administrator may request that the state F. Within thirty (30) days from the revoke or refrain from renewing the Marihuana applicant submitting proof of obtaining a Retailer’s state operating license. Once such state state operating license and completing all operating license is revoked or fails to be renewed, other required permits and approvals the Zoning Administrator shall cancel the required by the City, the Zoning Marihuana Retailer License or conditional license. Administrator shall approve the 9. Annually, a licensed Marihuana Retailer must Marihuana Retailer License. The provide the Zoning Administrator with a copy of applicant shall not locate or operate as a the renewed state operating license and pay the Marihuana Retailer without first obtaining annual license fee to the City (if applicable). a Marihuana Retailer License. A 10. It is hereby expressly declared that nothing in conditional license is not a Marihuana this ordinance shall be held or construed to give or Retailer License. grant to any Marihuana Retailer a vested right, G. If a conditionally licensed applicant license, privilege or permit to continued fails to obtain full authorization from the authorization from the City for operations within City within one (1) year from the date of the City. The City expressly reserves the right to 71 amend or repeal this ordinance in any way records, and videotapes, including, but not limited to, complete elimination including electronically stored of or reduction in the type and/or number of records, money receptacles, or authorized Marihuana Retailers. equipment in which the records 11. Application and renewal fees for Marihuana are stored; and Retailers, if any, will be set by Council Resolution. If not set by Council Resolution, the iii. To investigate alleged default application fee and annual fee shall be the violations of the Act, this maximum permitted by the Act. ordinance and applicable 12. The following minimum standards shall apply Michigan law. to all Marihuana Retailers within the City: A. All activity related to a Marihuana D. The Marihuana Retailer shall be Retailer including, but not limited to, continuously monitored with a growing, shall be done indoors in a locked surveillance system that includes security structure. cameras. The video recordings shall be B. Marihuana Retailer shall be operated in maintained in a secure, offsite storage compliance with the provisions of the establishment for a period of fourteen (14) Act, applicable Michigan law, and the days on a continuing rolling basis and be general rules of the Department of available upon request of the City of Licensing and Regulatory Affairs Houghton Police Department. The storage (LARA), as they may be amended from establishment shall not be used for any time to time. It is the responsibility of the other commercial purpose. owner to be aware of changes in the Act, supporting regulations, or other Michigan E. Smoking, inhalation, or consumption Law. The City bears no responsibility for of marihuana shall not be allowed on the failure of the owner to be unaware of site of the Marihuana Retailer. changes in the Act, supporting F. All marihuana shall be contained regulations, or other Michigan Law. within an enclosed, secure area;

C. The establishment shall be open, G. All persons working in direct contact during regular business hours, to any with marihuana shall conform to representative of LARA, state police acceptable hygienic practices while on officer, or City of Houghton Police duty, including, but not limited to: Officer, and said individual(s) may enter the premises, offices, establishments, or i. Maintaining adequate personal other places of business of a licensee, for cleanliness; the following purposes: ii. Washing hands thoroughly in i. To inspect and examine all adequate hand-washing areas premises of Marihuana Retailer; before starting work and at any other time when their hands may ii. To inspect, examine, and audit have become soiled or relevant records of the licensee contaminated; and and, if the licensee or any employee fails to cooperate with iii. Refraining from having direct an investigation, impound, seize, contact with marihuana if the assume physical control of, or person has or may have an summarily remove from the illness, open lesion, including premises all books, ledgers, boils, sores or infected wounds, documents, writings, or any other abnormal source of photocopies, correspondence, 72

microbial contamination, until the condition is corrected. P. Marihuana Retailers shall not sell or otherwise transfer marihuana that is not H. Litter and waste shall be properly contained in an opaque, resealable, child- removed and the operating systems for resistant package designed to be waste disposal shall be maintained in an significantly difficult for children under adequate manner so that they do not the age of five (5) years to open and not constitute a source of contamination. difficult for normal adults to use properly as defined by 16 C.F.R. 1700.20 (1995). I. Floors, walls, and ceilings shall be Q. No person under the age of twenty-one constructed in such a manner that they (21) years shall be permitted in a may be kept clean and in good repair; Marihuana Retailer at any time, except qualifying patients under the age of J. There shall be adequate screening or twenty-one (21) years where a Marihuana other protection against the entry of pests. Retailer shares its location with a Medical Rubbish shall be disposed of so as to Marihuana Dispensaries, Medical minimize the development of odor and Marihuana Nurseries, or Provisioning minimize the potential for the waste Center. If the qualifying patient is under becoming an attractant, harborage, or the age of eighteen (18) years, the breeding place for pests; qualifying patient must be accompanied by the qualifying patient’s parent, legal K. All, buildings, building fixtures and guardian, or their primary caregiver. other property shall be maintained in a R. Marihuana Retailers may sell sanitary condition; Marihuana Accessories (as that term is defined in the Act) to persons who are L. Odor from operations shall be twenty-one (21) years of age or older. controlled as provided in the Zoning S. Marihuana Retailer shall display in a Ordinance and as may be required under manner legible and visible to its clientele: the City Code. i. Notice that no person under the age of twenty-one (21) years is M. The Marihuana Retailer shall secure allowed in the Marihuana every entrance to the establishment and Retailer except qualifying only permit those individuals described in patients as permitted herein; this ordinance or the Act access to the ii. No smoking, inhalation, or premises. consumption of marihuana shall occur within the vicinity of the N. The Marihuana Retailer shall be Marihuana Retailer. maintained and operated so as to comply T. A Marihuana Retailer shall open no with all state and local rules, regulations earlier than 8:00 a.m. local time and close and ordinances. The Marihuana Retailer no later than 8:00 p.m. local time, and no shall comply with applicable requirements person, except employees, shall be of the Zoning Ordinance, including allowed in the facility after hours. obtaining and maintaining a Special Use 13. A Marihuana Retailer License issued under Permit. this ordinance may be revoked after an administrative hearing at which the Zoning O. Marihuana Retailers shall not sell Administrator determines that grounds for edible marihuana-infused candy in shapes revocation under this ordinance exist. Notice of or packages that are attractive to children the time and place of the hearing and the grounds or that are easily confused with for revocation must be given to the holder of a commercially sold candy that does not Marihuana Retailer License at least five (5) days contain marihuana. prior to the date of the hearing, by first class mail 73 to the address given on the application; a licensee vii. LARA has denied, revoked, whose Marihuana Retailer License is the subject or suspended the applicant's state of such hearing may present evidence and/or call operating license. witnesses at the hearing. B. Should the Zoning Administrator A. A Marihuana Retailer License applied revoke a conditional license or Marihuana for or issued under this ordinance may be Retailer License, the licensee shall have denied or revoked on any of the following fourteen (14) days from the mailing of the basis: written notice of revocation to appeal the decision to the City Council. The City i. Any violation of this ordinance; Council may require additional information or act upon the appeal based ii. Any conviction of delivery of a upon the information supplied. The City controlled substance to a minor; Council shall hear the appeal at its next regular meeting, but not sooner than iii. Zoning Administrator finding seven (7) days from the receipt of the of fraud, misrepresentation or the appeal. Should the City Council reverse making of a false statement by the decision of the Zoning Administrator, the applicant or any Stakeholder the Zoning Administrator shall reinstate of the applicant while engaging the conditional license or Marihuana in any activity for which this Retailer License. Should the City Council ordinance requires a Marihuana affirm the Zoning Administrator’s denial, Retailer License or in connection the applicant shall have thirty (30) days to with the application for a appeal the decision to the Circuit Court Marihuana Retailer License or for Houghton County, State of Michigan. request to renew a Marihuana Retailer License; 14. A Marihuana Retailer License shall be valid for one (1) year from the date of issuance, unless iv. Sufficient evidence that the revoked as provided by law, including this licensee lacks, or has failed to ordinance. A valid Marihuana Retailer License demonstrate, the requisite may be renewed on an annual basis by submitting professionalism and/or business a renewal application upon a form provided by the experience required to assure City and payment of the annual license fee. strict adherence to this ordinance, Applications to renew a Marihuana Retailer and the rules and regulations License shall be filed with the City Clerk at least governing the Act; thirty (30) days prior to the date of its expiration. As long as no changes to the licensee have v. The Marihuana Retailer occurred and there is no pending request to revoke License holder or any of its or suspend a Marihuana Retailer License, and the Stakeholders is in default to the licensee has paid the renewal fee, the Zoning City personally or in connection Administrator shall renew the Marihuana Retailer with any business in which they License. hold an ownership interest, for failure to pay property taxes, 15. A Marihuana Retailer holding a Marihuana special assessments, fines, fees or Retailer License that ceases operation of its other financial obligation; business shall notify the Clerk and Zoning Administrator of the date the business will no vi. The Marihuana Retailer is longer be in operation. determined by the City to have become a public nuisance; or 16. Any act which is a violation of the Act, or any amendment thereto, shall also be considered a 74 violation of this ordinance. It shall be unlawful to must be obtained following the requirements set consume marihuana in a public place in the city of forth in Chapter 14-148 of City Ordinance. Houghton, except in a location designated by the Parking and maximum occupancy requirements act of the City Council for consumption and only shall be adhered to. when not accessible to persons under the age of twenty-one (21) years. Secs. 98-428 – 98-499 Reserved.

17. Any person who violates any of the provisions of this ordinance shall be responsible for a municipal civil infraction and subject to the payment of a civil fine of not more than $500.00 plus costs. Each day a violation of this ordinance continues to exist constitutes a separate violation. A violator of this ordinance shall also be subject to such additional sanctions, remedies, and judicial orders as are authorized under Michigan law. A violation of this ordinance is deemed to be a nuisance per se. In addition to any other remedy available at law, the City may bring an action for an injunction or other process against a person to restrain, prevent, or abate any violation of this ordinance. This ordinance shall be enforced and administered by the Zoning Administrator or such other city official as may be designated from time to time by Council Resolution. 18. In the event that any one or more sections, provisions, phrases, or words of this ordinance shall be found to be invalid by a court of competent jurisdiction, such holding shall not affect the validity or the enforceability of the remaining sections, provisions, phrases, or words of this ordinance. (2019-302)

98-428 Short-Term Rental (STR).

1.Owner-Occupied STR’s may be allowable in the R-1 Single-Family Residential District and R-2 Two-Family Residential District. An Owner-Occupied Rental License must be obtained following the requirements set forth in Chapter 14-149 of City Ordinance. Parking and maximum occupancy requirements shall be adhered to. 2. Non-Owner Occupied STR’s are allowable in the R-3 Multiple-Family Residential District, R- 4 Redevelopment Ready Residential District, and any of the business group zoning classifications. A Residential Rental License

ARTICLE 5 – SIGNS 3. Nonconforming signs shall be removed by their owner within ten days of the period set Sec. 98-500. General objectives. forth in section 98-504, or else the zoning administrator may cause their removal at the The general objectives of this article are to: expense of the owner. 4. When any sign or advertising device is 1. Regulate and encourage private signs and found by the zoning administrator to be in lights which do not overload the public's such condition as to make it immediately capacity to receive information, which do dangerous, the administrator is authorized not violate privacy, or which do not increase and empowered to abate such nuisance by the probability of accidents by distracting taking action necessary to protect the public attention or obstructing vision. and property, including the authority to take 2. Encourage signing and lighting and other down and remove such signs without notice private communications which aid to the owner. orientation, identify activities, express local history and character, or serve other Sec. 98-502. Allowed signs. educational purposes. 3. Provide guidelines for individuals and Signs are allowed as follows: groups to express themselves in the public 1. Unless excepted, signs are allowed on environment. private property if the subject matter relates 4. Reduce conflict among private signs and to a business located in the city. between private and public information 2. Each building may have a sign oriented to systems. each street or to the Portage Waterway if the 5. Enhance the overall visual appearance of the building has frontage on the waterway. city. 3. With the exceptions given in this Article, the total surface area of all signs oriented to any Sec. 98-501. Administration. street shall not exceed 15 times the square root of street frontage on that street, and the 1. No sign, except those specifically exempted combined area of all signs shall not exceed by this article, shall be erected without a 15 times the square root of the combined permit issued by the zoning administrator, street frontage: application for which shall contain the following: Street Frontage (feet) Allowable Area A. Name, address and telephone number of (square feet) the applicant. 20 67 B. Type of sign or sign structure. 25 75 C. Sketch showing sign size, height, type 30 82 of support (if applicable), zoning district 35 89 in which the sign is located, location of 40 95 the sign on property including front and 50 106 side yard setback distances, and any 60 116 other information required in this article. 70 126 D. Street address of the property upon 80 134 which the sign is proposed to be located. 90 143 E. The name of the sign contractor who 100 150 shall erect the sign and/or sign structure. 125 168 F. Any other information deemed 150 185 appropriate by the zoning administrator. 2. Fees for sign permits shall be fixed by the 175 198 council. 200 212

4. Sign size exceptions are as follows: renovation project, or part of a past historic renovation; A. No sign on a structure shall exceed two b. The main, permanent lettering square feet in an R-1 zone, and the total identifies the building itself or area in an R-2, R-3, and R-4 zone shall the generic type of business not exceed 50 percent of the total located within; not the specific allowable area stated in 3 above. business name (franchise, B. No free-standing sign shall exceed a trademark name, logo, etc.); total of 150 square feet on each face. c. The specific business or proper C. The following are allowed in addition to name may be identified on the signs as limited by section 98-502: sign, but shall be constructed in i. Names of buildings, date of such a way that it can be erection, monumental citations, and removed/changed separately commemorative tablets up to 32 from the identifying lettering square feet in area, when made a described in b. above; permanent and integral part of the d. The type, size, scale, and overall building. shape can be clearly ii. Building directories, up to 20 square demonstrated to emulate a sign feet in area if located outside. that was historically associated iii. Traffic control and guidance signs, with the building as shown in in conformance with public traffic photographs or other historical sign standards, but located on documentation for the historic private property, and orientational period which is represented by signs up to two square feet in area, the overall period to which displayed for purposes of direction downtown façade renovation(s) or convenience, including signs are being, or were, performed; identifying restrooms, freight e. It can project no more than 32 entrances and the like. inches from the building; D. Within the traditional downtown f. Maximum height, including business district (Montezuma Avenue to bracket, shall be 18 feet above the Portage Waterway and between sidewalk; Franklin Street and Bridge Street) g. The area of this sign will not be projecting signs are allowed as follows: subtracted from the total i. Where a business does not front on allowed signage. state trunkline highway; a projecting iii. Provided that the sign meets all sign may be a maximum of 33 other requirements (projection percent larger in area than the width, bottom height, lighting, etc.) prescribed area of the 30 inches x 30 of the ordinance not specifically inches maximum size for a addressed above. projecting sign (see 98-502. 7.) provided that the sign meets all 5. Illumination shall be regulated as follows: other requirements of the ordinance and provided that it blocks existing A. Signs shall be illuminated only by signs as little as possible. steady, stationary, shielded light sources ii. A projecting sign of not more than directed solely at the sign, or internal to 20 square feet on a side may be it, without causing glare for motorists, permitted provided that it meets all pedestrians or neighboring premises. of the following criteria: B. Signs shall not be illuminated between a. The sign is being done as part of the hours of midnight and 7:00 a.m. a comprehensive historic/façade unless related to an establishment operating during those hours. 77

C. All permanent outdoor lights such as permission of the owner of the those used for area lighting or building business it is located in front of. floodlighting shall be steady, stationary, B. The sign may only be displayed when shielded sources directed so as to avoid the business it is advertising is open causing glare for motorists, pedestrians and only between the hours of 7:00 or neighboring premises. a.m. to midnight. C. There must be at least five feet of 6. Temporary signs are regulated as follows. unimpeded sidewalk width maintained No permit is required. and not obstructed at the location of the sign. A. Temporary signs are not permitted on public property unless placed by a 9. Height restrictions are as follows: public institution. B. Except for sandwich board signs, A. No freestanding sign shall be more temporary signs are not allowed in the than six feet above grade in residential public right-of-way. areas. C. Up to two (2) temporary signs at a B. The maximum height of a free time are permitted on a parcel of land. standing sign is 25 feet. D. Temporary signs are not to exceed the C. Signs above foot traffic areas have to size of 4 square feet per side in a be at least 7 feet above the walking residential zoned district. surface. E. Temporary signs are not to exceed the size of 25 square feet per side on a 10. Strip Mall Signs (A strip mall is defined as parcel of land in a business or having three or more stores with a common industrial zoned district. wall between each store and a common, on F. Temporary signs are not to be site, parking lot). illuminated and must have a fixed message. A. Each store front in a strip mall may G. Temporary signs promoting an event have a sign with the allowable square must be removed within 5 days footage to be determined by the length following the event. of the store front, using the size formula set forth in 98-502. 3. The 7. Projecting signs shall not be larger than 30 end stores with one side facing a street inches by 30 inches and shall not project and one side facing a parking lot may more than 42 inches from the building. not exceed the square footage Mounting brackets shall not extend more limitations of the sign on the front of than six inches beyond the sign and shall be the store. of appropriate size. The bottom of the sign B. In addition to the signs for each store, shall be mounted a minimum of 8 feet above there may be additional signage not the sidewalk. The top of the sign shall not be exceeding 100 square feet for the more than 13 feet above the sidewalk. name of the mall.

8. Sandwich Board sign: Signs are allowed in 11. Electronic Message Board Signs. areas zoned “business” with the following conditions: A. Shall be permitted only in the B-3 zone within the TIFA district. A. One sign is allowed in front of a B. Shall be no more than 4’ x 8’ in business. This sign can advertise the size. business it is located in front of or a C. Shall be a stationary message that different business in the city with can change no more frequently

than every eight seconds, but not 4. Have the face or faces changed when such flash, scroll, or have animation. sign is of a type of construction to permit D. Must employ automatic brightness such a complete change of face. controls. 5. Be reestablished after the activity, business or usage to which it relates has been Sec. 98-503. Prohibited signs or devices. discontinued. 6. Require other than normal maintenance. 1. Flashing lights. 2. Roof signs. Sec. 98-505. Abandoned Signs. 3. Billboard signs. 4. Banners as permanent signage. All abandoned signs including frames, brackets, 5. Signs with lights that move, flash or make and supports must be removed within 30 days noise except as provided in 11 above. This after meeting the abandoned sign definition. If includes signs that are displayed within a the owner of the abandoned sign does not building intended to be viewed from outside remove it after the time stated above, the city the building through a window. may remove the abandoned sign and bill the 6. Colored lights and illuminated signs owner for removal. employing colors in use in traffic signal lights are prohibited within view of any signalized intersection. Secs. 98-506 – 98-599 Reserved. 7. Any imitation of official traffic signs or signals and the use of such words as "stop," "look," "danger," "go slow," "caution," or "warning" are prohibited.

Sec. 98-504. Nonconforming signs.

It is the intent of this section to recognize that the eventual elimination, as expeditiously as is reasonable, of existing signs and their supporting structures that are not in conformity with the provisions of this article is as much a subject of health, safety and welfare as is the prohibition of new signs that would violate the provisions of this article. It is also the intent of this section that any elimination of nonconforming signs shall be affected so as to avoid any unreasonable invasion of established private property rights. To expedite this intent, no nonconforming sign shall:

1. Be changed to another nonconforming sign. 2. Have any changes made in the words or symbols or the message displayed on the sign unless the sign is designed for periodic change of message. 3. Be structurally altered so as to prolong the life of the sign or so as to change the shape, size, type or design of the sign.

or institutional structures including new ARTICLE 6 – DEVELOPMENT additions to buildings. PROCEDURES 8. Non-contiguous parking lots. 9. Any commercial, office, industrial, DIVISION 1 – SITE PLAN REVIEW business, recreational or institutional structures/uses including any changes in Sec. 98-600. Intent exterior material, landscaping, parking, and new additions to buildings. It is recognized by this ordinance that there is a 10. All other uses requiring site plan review value to the public in establishing a safe, and approval as required by this orderly, and beneficial development pattern; Ordinance. there is value in encouraging a harmonious 11. Any earthwork greater than 40,000 sf. relationship of buildings and uses both within a site and in relation to adjacent uses; further that Sec. 98-602. Application procedure. there are benefits to the public in conserving natural resources. Toward this end, this An application for site plan review shall be ordinance requires site plan review and approval made to the zoning administrator along with a by the planning commission for certain fee, if any, as mentioned in Appendix A. The buildings, structures and projects that can be application shall, at a minimum, contain the expected to have a significant impact on natural following information: resources, traffic patterns, on adjacent land usage, and on the character of future 1. The applicant’s name, address, phone development. It is important that consultation number and signature. and cooperation between the applicant and the 2. The property owner’s address, phone planning commission take place in order that number and signature. applicant may accomplish their objectives in the 3. The address of the project and parcel utilization of their land and the public interest is number. upheld. 4. Project description.

Sec. 98-601. Buildings, structures and uses The zoning administrator, upon receipt of the requiring site plan review application and related materials, drawings, other necessary data, and payment of required A site plan shall be submitted for review and fee, shall forthwith transmit the copies to the approval to the planning commission for the planning commission. following uses: Within forty-five (45) days of receipt of all 1. An apartment building containing two required information, a meeting of the planning (2) or more dwelling units. commission shall take place in which the site 2. More than one multiple-family building plan is approved, denied or approved with on a lot, parcel or tract of land, or a conditions. Written notice shall be sent to the combination of lots under single applicant stating the time and place of the ownership. review of the site plan by the planning 3. Mobile Home Park commission. The site plan shall be presented to 4. Subdivision consisting of four or more the planning commission by the applicant or a dwellings. plan representative. All meetings of the 5. Changes in land use. planning commission shall conform to the 6. A change in the building site/property provisions of the Open Meeting Act, Act 267 of which results in an increase in storm the Michigan Public Acts of 1976 as amended. water volume. 7. Any new construction commercial, Sec. 98-603. Site plan content office, industrial, business, recreational 80

Site plans should be submitted on both 24" x 36" drives showing number and size of and 11" x 17' plan sheets. Site Plans submitted spaces, aisles, and loading areas. for review shall be drawn at a scale of 1 inch = 16. Location and type of significant existing 200 feet or greater and shall contain the vegetation, water courses and water following information: bodies including county drains and manmade surface drainage ways, and 1. Vicinity map illustrating the location of wetlands. the site within the city. 17. Statement of FEMA floodplain map of 2. Date site plan was prepared. flood hazard to include FEMA Flood 3. Name, address or preparer. Professional insurance rate map number. seal of preparer if available. 18. Zoning of the site. 4. North arrow. 19. Zoning of adjacent sites. 5. Legal description based upon most 20. Location and specifications for any current survey. existing or proposed above or below 6. Existing and proposed topographic ground storage facilities for any elevations at two (2) foot intervals on chemicals, salts, flammable materials, the site and to a distance of ten (10) feet hazardous materials as well as any outside the boundary lines of the site. containment structures or clear zones 7. Direction of storm water drainage and required by this Ordinance or any other how storm water runoff will be handled. state or federal agencies. 8. Location of existing and proposed 21. Building Elevations - Building buildings, their intended use, the length, Elevation Plan showing all sides of the width and height of each building and building including material and color of the square footage of each building. all sides. Elevation drawings may be 9. Location of abutting streets, rights-of- submitted at a later date, but must still way, service drives, curb cuts, and be approved by the planning access easements serving the site, as commission prior to the issuance of a well as driveways opposite the site and building permit. driveways within 100 feet of the site. 10. Location and size of all water and Sec. 98-604. Standards sanitary sewer lines and storm drainage lines as well as fire hydrants and catch The planning commission shall review each site basins, and location of septic tanks and plan according to the standards for site plan drain fields and utility easements. review and any other applicable regulations of 11. Location of all sidewalks, bike paths, this ordinance. In addition, the planning and other walkways. commission is empowered to seek the review 12. Location and size of any walls, fences or and recommendations of appropriate county, other screening provisions. state or federal agencies, city departments, other 13. Location of all proposed landscape professionals, consultants, or agencies, as the materials, including size and type of planning commission deems necessary to assist planting. Location of significant trees it in its review in establishing a safe, orderly and and other important landscape features beneficial development pattern. The planning on the site. commission shall review the site plan for 14. Location of all proposed accessory compliance with the requirements of this structures, including light poles or ordinance and conformance with the following fixtures, flagpoles, storage sheds, general standards: transformers, dumpsters and recycle areas, signs, and existing and proposed 1. All elements of the site plan shall be utility poles. harmoniously and efficiently organized 15. Proposed parking areas for both in relation to topography, the size and automobiles and bicycles plus access type of the lot, the character of adjoining 81

property, and the type and size of 12. All streets shall be constructed in buildings. The site shall be developed to accordance with the requirements and not impede the normal and orderly specifications of the Houghton County development or improvement of Road Commission. surrounding property for uses permitted 13. Site plans shall conform to all applicable in this ordinance. requirements of state and federal statutes 2. Electric, telephone and cable television and approval may be conditioned on the lines on site shall be underground where applicant receiving necessary State and practicable. Any utility installations Federal permits before final approval is remaining aboveground shall be located granted. so as to have a harmonious relationship 14. Site plans shall conform to the city to neighboring properties and the site. master plan. 3. The landscape shall be preserved in its natural state, insofar as practical, by Sec. 98-605. Expiration of site plan minimizing tree and soil removal, and by topographic modifications that result Site Plan Review is valid for one year. If in greatest harmony with adjacent areas. applicant does not receive a building permit Landscape must also comply with within one year of the site plan approval; or, if Article 3, Division 2. after one year the building permit is revoked or 4. Site drainage must comply with Article suspended, then applicant must go through Site 3, Division 6. Plan Review again. 5. The site plan shall provide reasonable, visual, and sound privacy for all Sec. 98-606. Revocation of site plan approval dwelling units located herein. Fences, walks, barriers, and landscaping shall be The planning commission may, upon notice and used, as appropriate, for the protection hearing, revoke approval of a site plan if the and enhancement of property and for the commission determines that any information on privacy of its occupants. the approved site plan is erroneous. Upon 6. All buildings or groups of buildings revocation, work on the affected part of the shall be so arranged as to permit development, or on the entire development, as emergency vehicle access. determined by the planning commission, shall 7. All site plans should provide cease. The zoning administrator may issue a stop information on where snow that is work order to enforce the determination. Upon removed from parking areas and revocation, the planning commission may walkways will be stored and/or how it require the applicant to amend the site plan in a will be removed from the site. manner appropriate to reflect the corrected 8. Every structure or dwelling unit shall information. Any work so suspended shall not have access to a public street, walkway, resume until the planning commission approves or other area dedicated to common use. an amended site plan. 9. There shall be provided a pedestrian circulation system that is insulated as 98-607. Penalty completely as reasonably possible from vehicular circulation system. If it has been determined that a development has 10. All loading and unloading areas and not been completed in accordance with an outside storage areas including areas for approved site plan, the zoning administrator may the storage of trash shall be screened by issue a civil infraction against the owner of the a vertical buffer consisting of structural property until the original site plan approval is and/or plant materials no less than six amended or until the owner complies with the (6) feet in height. original site plan as approved. 11. Exterior lighting must comply with Article 3, Division 5. 82

If it has been determined that a development has contain a list of all approved been, or is being, developed without an amendments and a place for the zoning approved site plan, the zoning administrator may administrator to sign and date all issue a civil infraction against the owner of the approved amendments. property until the owner applies for and receives an approved site plan. Secs. 98-609 – 98-629 Reserved.

98-608. Amendment of an approved site plan DIVISION 2 – SPECIAL LAND USE PERMITS Amendments to an approved site plan shall be permitted only under the following Sec. 98-630. Special Land Use Permits. circumstances: This section shall govern issuance of Special 1. The owner of property for which a site Land Use Permits only where the use is plan has been approved shall notify the specifically authorized in the zoning ordinance. zoning administrator of any desired change to the approved site plan. Minor Sec. 98-631. Application. changes may be approved by the zoning administrator upon determining that the A person desiring a special land use permit shall proposed revision(s) will not alter the provide an application along with all supporting basic design and character of the site documentation for a special land use permit to plan, nor any specified conditions the clerk. The fee for the special land use imposed as part of the original approval. permit, if any, will be set in Appendix A. The Minor changes shall include the application shall contain: following: A. Reduction of the size of any 1. Parcel number(s) of site. building and/or sign. 2. Zoning district. B. Movement of buildings and/or 3. Proposed use described in detail signs by no more than ten (10) including, but not limited to, the feet. proposed manner of operation, hours of C. Landscaping approved in the operation, occupancy loads, and site plan that is replaced by adequacy of parking. similar landscaping to an equal 4. Detailed listing of how any applicable or greater extent. standards will be met. D. Changes in floor plans that do 5. Site and floor plans. not exceed five (5%) percent of When the clerk receives a complete application the total floor area and which do and supporting materials, the clerk will supply not alter the character of the use this information to the planning commission. or increase the amount of any required parking. Sec. 98-632. Planning Commission Review. E. Internal rearrangement of a parking lot which does not Upon receipt of an application, the planning affect the number of parking commission shall hold at least one public spaces or alter access locations hearing, notice of which shall be given pursuant or design. to the requirements of the Michigan Zoning 2. All amendments to a site plan approved Enabling Act, Public Act 100 of 2006, as by the zoning administrator shall be in amended. writing. After approval by the zoning administrator, the applicant shall prepare Following the public hearing, the planning a revised site plan showing the approved commission shall review the proposed amendment. The revised site plan shall application in accordance with the 83

Administrative Standards listed in Section 98- permit shall expire. The planning commission, 772. The planning commission shall also upon application made before said expiration, consider if the site area of the property is of may grant an extension of not more than one sufficient size to prevent nuisance to year from the expiration date. Only one neighboring uses and if the special land use will extension may be granted. not be injurious to the spirit of this ordinance, the intent of the district, or detrimental to the Sec. 98-635. Alterations. neighborhood or public health and welfare. The planning commission may prescribe appropriate No alterations to a special land use permit shall conditions and safeguards on a special land use be made without approval by the planning permit. commission following another public hearing.

After the public hearing and review by the Sec. 98-636. Violations. planning commission, the commission may recommend approval, approval with conditions, Violation of any of the conditions or safeguards or deny an application. made as part of the terms of the permit shall be deemed a violation of this ordinance and subject A vote by the planning commission on the to a municipal civil infraction. proposed application shall be a roll-call vote. An affirmative vote by a majority of the Sec. 98-637. Appeals. membership of the planning commission is required to recommend approval of a special An appeal of a decision of the council can be land use permit. made to the circuit court.

After review and if approved, the planning Secs. 98-638 – 98-649 Reserved. commission shall prepare for the council a statement of findings and conclusions relative to the special land use permit which specifies the DIVISION 3 – PLANNED UNIT basis for the decision and any conditions DEVELOPMENT imposed. Sec. 98-650. Intent. Sec. 98-633. City Council Review. Planned unit or cluster development under the After receipt of the statement of findings from terms of this chapter may be initiated in terms of the planning commission, the council shall land and/or buildings. When land clustering is consider the special land use permit based upon contemplated, the development shall be in the statement of findings. accord with section 98-652.

The council may recommend approval, approval Process. All intended open space subdivisions with conditions, or deny an application. or planned unit developments shall be subject to the following process: A vote of the council shall be a roll-call vote. The special land use permit shall only be • Submit a site plan for review by the approved by an affirmative vote of a majority of zoning administrator. The site plan shall the membership of the council. include a detailed plan of before and after site conditions including Sec. 98-634. Time Limit. topography, vegetation, structures, services, open spaces, access routes, and If action is not taken by the petitioner to other items as may apply to the implement a special land use permit within one particular site. year of the date of approval by the council, said 84

• Within 40 days of receiving the site Under these provisions, for each square foot of plan, the zoning administrator will land gained through the reduction of lot sizes submit the site plan to the planning below the minimum stated in the schedule of commission for site plan review. The regulations, at least equal amounts of land shall planning commission will either be dedicated to the common use of the lot recommend the site plan to the council owners of the subdivision. or deny the site plan. If the planning commission denies the site plan, the 2. Rear yards may be reduced to 50 feet owner may appeal the decision to the when such lots border on land dedicated council. for open space purposes, provided the • Following recommendation by the adjoining dedicated open space land planning commission, the council will shall not be less than 100 feet across. review the site plan and approve or deny 3. The area to be dedicated on the plat for the site plan. If the council denies the subdivision open space purposes shall site plan, the owner may appeal to be in a location and shape approved by circuit court. the planning commission. To the consideration of reasonable use, the Final approval by the council for any open space dedicated open space shall not include or cluster development plan shall be valid for a bodies of water, swamps or land with period of 24 months. Failure to start and proceed excessive grades. The entire open area with the plan shall void all prior approvals; may, however, be located in a except that agreed-upon time extensions may be floodplain. granted upon formal request to the council, and bonds or other guarantees may be required to Sec. 98-652. Planned unit construction. assure that all development proceeds in strict accordance with the approved site plan. Planned unit construction in this chapter shall refer to housing construction programs involving Sec. 98-651. Subdivision open space plan. the cluster concept, wherein certain side yards may be eliminated for the purpose of Modifications to the residential lot standards consolidating building masses and open space required for one-family homes in the schedule of resources in order to achieve the most effective regulations, section 98-586, may be made in use of lands in the city. accordance with the following conditions: Planned unit construction is regulated in 1. Lot area reductions under the open accordance with the following situations: space subdivision plan may be permitted in accordance with the standards of this 1. Situation 1. Essentially open land. section, provided that the dwelling unit A. In any R-1, R-2 or R-3 district, density shall be no greater than if the interior side yards between any land area to be subdivided were four single-family units may be developed under the standards outlined eliminated for the purpose of in the schedule of regulations. clustering, attaching or semi- attaching residential units. Allowable Lot Reductions: B. Individual dwellings may be District Area Width Gross attached with 100 percent wall (percent) (percent) Density in overlap (e.g. share a common Dwellings party wall), provided the walls per Acre are entirely without openings, R-1 15 10 5 and enclose nonliving space, such as garages, utility rooms or similar service areas. 85

C. Party walls which enclose living include and dedicate areas may overlap 50 percent of common open space in their surface area if the walls are the ratio of not less than of soundproof and fireproof 1,000 square feet per construction, and are entirely dwelling unit, exclusive without openings (doors, of parking areas. windows, etc.) D. In clustering dwelling units, the In R-3 general residence areas, one-family overall density shall not be more homes with common party walls may be than 15 percent higher than if approved and developed as provided for in the the entire parcel were developed R-1 and R-2 districts. Multiple-family units may according to conventional be constructed at the densities provided for in individual lot techniques. Each the R-3 multi-family district. dwelling shall have a prescribed yard area, and yards on the Secs. 98-653 – 98-699 Reserved. exterior sides of any cluster of units shall be provided with minimum side yards of 15 feet.

2. Situation 2. Essentially built-up areas. A. Cluster housing developments in situation 2 concern community areas which are predominantly developed and may involve dwelling units which are of advanced age, on small or limited lots, are obsolete, and/or are considered blighted. This section encourages the developer to acquire properties and redevelop the site at a higher density to enhance economic feasibility. B. In areas zoned R-1 or R-2 and which encompass a minimum parcel of 20,000 square feet: i. Each dwelling shall contain not less than two bedrooms. ii. All side yards, except exterior yards, may be eliminated, to allow the construction of townhouses or rowhouses. iii. Density shall not be less than 2,000 square feet of land area per bedroom. iv. The plan for development shall 86

ARTICLE 7 – ADMINISTRATION, APPEALS, AMENDMENTS The following shall apply in the issuance of any permit:

DIVISION 1 - ADMINISTRATION 1. Permits for new use of land. No vacant land shall be used or an existing use of Sec. 98-700. Duties of Zoning Administrator. land be changed to a use of a different class or type unless a certificate of 1. The zoning administrator shall have the occupancy is first obtained for the new power to grant zoning compliance and or different use without first obtaining a occupancy permits and to make Zoning Permit from the Zoning inspections of buildings or premises Administrator. The Zoning necessary to carry out the duty of Administrator shall determine if the enforcing this chapter by issue of a proposed use shall require the Site Plan Zoning Permit. All issuance of Review process before the Planning necessary building or demolition Commission as stated in Article 6 of this permits shall be issued by the Houghton Chapter. County Building Department. Building 2. Permits for new use of buildings. No and demolition permits shall not be building or structure shall be changed to issued until a Zoning Permit has been or occupied by a use of a different class submitted to and approved by the or type unless a certificate of occupancy Zoning Administrator or designee. is first obtained for the new or different 2. The zoning administrator shall record all use. without first obtaining a Zoning nonconforming uses existing at the Permit from the Zoning Administrator. effective date of the ordinance from The Zoning Administrator shall which this chapter derives for carrying determine if the proposed use shall out the provisions of Article 7, Division require the Site Plan Review process 5. before the Planning Commission as 3. The zoning administrator shall not stated in Article 6 of this Chapter. refuse to issue a permit when conditions imposed by this chapter are complied 3. Building Permits. No building or with by the applicant despite violations structure shall be erected, altered, of contracts, such as covenants or moved or repaired unless a building private agreements which may occur permit shall have been first issued for upon the granting of the permit. such work. The terms "altered" and "repaired" shall include any changes in Sec. 98-701. Designation of planning structural parts, stairways, type of commission. construction, type, class or kind of occupancy, light or ventilation, means of The planning commission is designated as the egress and ingress, or other changes commission specified in the Michigan Zoning affecting or regulated by the city Enabling Act, Public Act No 110 of 2006, as building code, housing law, or this amended, and shall perform the zoning duties of chapter, except for minor repairs or that commission as provided in the statute in changes not involving any of the connection with the amendment of this chapter. aforesaid features. A. The zoning administrator shall Secs. 98-702 – 98-709 Reserved. require that all applications for Zoning Permits shall be DIVISION 2 - PERMITS accompanied by plans and specifications, including a plot plan, Sec. 98-710. Permits. 87

or site plan, drawn to scale, showing certificates of occupancy as required by the following: this article. i. The actual shape, location and 3. Certificates for existing buildings. dimensions of the lot. Certificates of occupancy shall be issued ii. The dimensions and location of for existing buildings or structures or all structures existing or to be existing uses of land if, after inspection, erected, altered or moved on the it is found that such buildings or lot. structures or such use of land are in iii. The existing and intended uses conformity with the provisions of this of the lot, including, in chapter. residential areas, the number of 4. Record of certificates. A record of all dwelling units. certificates issued may be kept on file in iv. Such other information the office of the zoning administrator, concerning the lot or adjoining and copies shall be furnished upon lots as may be essential for request to any person having a determining whether the proprietary or tenancy interest in the provisions of this chapter are property involved. being observed. 5. Certificates for dwelling accessory 4. Demolition Permits. No building or buildings. Buildings or structures structure shall be demolished in whole accessory to dwellings shall not require or in part unless a demolition permit separate certificates of occupancy but shall have been first issued for such may be included in the certificate of work by the Houghton County Building occupancy for the dwelling when shown Department. on the plot plan or site plan and when completed at the same time as such Sec. 98-712. Certificates of occupancy. dwellings. 6. Application for certificates. No land or building shall be occupied by, or any A. Application for certificates of use thereof made, until a certificate of occupancy shall be made in writing occupancy has been issued by the Houghton to the zoning administrator on County Building Department shall have been forms furnished by his office, and issued for such use. The following shall apply such certificates shall be issued in the issuance of any certificate: within five days after receipt of such application if it is found that 1. Certificates required. No building or the building or structure or the use structure in a B zoning district which is of land is in accordance with the erected or altered, and no store front that provisions of this chapter. has been renovated, shall be occupied or B. If such certificate is refused for used, until a certificate of occupancy cause, the applicant shall be shall have been issued for such building notified of such refusal and the or structure. Alteration and renovation cause of the refusal within the five- shall include, but shall not be limited to, day period. painting, residing and installation of new windows. Sec. 98-713. Final inspection. 2. Certificates including zoning. Certificates of occupancy as required by The holder of every building permit for the the city building code for new buildings construction, erection, alteration, repair or or structures or for alterations to or moving of any building or structure shall notify changes of use of existing buildings or the Houghton County Building Department structures shall also constitute immediately upon the completion of the work authorized by such permit, for a final inspection. 88

Sec. 98-714. Fees. A separate offense shall be deemed committed upon each day during or when a violation occurs Fees for inspection and the issuance of permits or continues. or certificates or copies required or issued under the provisions of this chapter may be collected Secs. 98-730 – 98-739 Reserved. by the zoning administrator in advance of issuance. The amount of such fees shall be established by resolution of the council. DIVISION 4 – BOARD OF APPEALS

Secs. 98-715 – 98-724 Reserved. Sec. 98-740. Zoning exceptions and variances.

Exception. An exception is a use permitted only DIVISION 3 – ENFORCEMENT AND after review of an application by the board of PENALTIES appeals or a commission other than the zoning administrator, such review being necessary Sec. 98-725. Authorized City Official. because the provisions of this chapter covering conditions, precedent or subsequent, are not The zoning administrator or designee is hereby precise enough to all applications without designated as the authorized city official to issue interpretation, and such review is required by municipal civil infraction citations and this chapter. Exceptions do not involve undue municipal civil infraction violation notices as hardship. provided by this Code. Variance. A variance is a modification of the Sec. 98-726. Enforcement. literal provisions of this chapter granted when strict enforcement of this chapter would cause The provisions of this chapter shall be enforced undue hardship owing to circumstances unique by the Zoning Administrator or Designee. to the individual property on which the variance is granted. Sec. 98-727. Public nuisance per se. Specific exceptions. The exceptions that are Any building or structure which is erected, found in this chapter appear as special approval altered or converted, or any use of premises or uses subject to planning commission, council, or land which has begun or changed in violation of board of appeals review. These land uses could any of the provisions of this Chapter is hereby not be conveniently allocated to one zone or declared to be a public nuisance per se, and may another, or the effects of such uses cannot be be abated by order of any Court of competent definitely foreseen because of one or more of the jurisdiction. following:

Sec. 98-728. Municipal Civil Infraction. 1. Large site area. 2. Infrequent occurrence. A person who violates any provision of this 3. Unusual amounts of traffic. Chapter is responsible for a municipal civil 4. Obnoxious or hazardous character. infraction, subject to a payment of a civil fine of 5. Public safety or convenience need. not less than $50 plus costs and other sanctions, for each infraction. Repeated offenses under Sec. 98-741. Creation and membership. this Chapter shall be subject to increased fines as provided by Chapter 51 of this Code. There is established a board of zoning appeals, which shall perform its duties and exercise its Sec. 98-729. Each day a separate offense. powers as provided in Article VI, Section 89

125.3601 of Public Act No. 110 of 2006, and in notice of appeal, specifying the grounds of the such a way that the objectives of this chapter appeal. shall be observed, public safety secured, and substantial justice done. The board shall consist The zoning administrator shall forthwith of five members. These five members will be transmit to the board all of the papers the five regular members of the council. The constituting the record upon which the action board shall have two alternate members. appealed from was taken. An appeal shall stay Alternate Number 1 shall be the Mayor. all proceedings in furtherance of the action Alternate Number 2 shall be the Mayor Pro- appealed from unless the zoning administrator Tem. An alternate member may be called to certifies to the board of appeals after notice of serve as a member if a regular member will be appeal has been filed with him that by reason of unable to attend one or more meetings. An facts stated in the certificate a stay would, in his alternate member may also be called to serve as opinion, cause imminent peril to life or property, a member for the purpose of reaching a decision in which case the proceedings shall not be on a case in which a member has abstained for stayed otherwise than by a restraining order, reasons of conflict of interest. The alternate which may be granted by a court of record. member appointed shall serve in the case until a final decision is made. An alternate member The board shall select a reasonable time and serving on the zoning board of appeals has the place for the hearing of the appeal and give due same voting rights as a regular member. notice to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or Sec. 98-742. Meetings. attorney.

All meetings of the board of appeals shall be Sec. 98-744. Fees. held at the call of the chairman and at such times as the board may determine. All hearings The council may prescribe and amend by conducted by the board shall be open to the resolution a reasonable schedule of fees and public. The city clerk shall keep minutes of its manner of payment to be charged to applicants proceedings showing the vote of each member for appeals to the board of appeals. upon each question, or if absent or failing to vote, indicating such fact, and shall also keep Sec. 98-745. Jurisdiction. records of its hearings and other official action. Four members of the board shall constitute a The board of appeals shall have the following quorum for the conduct of its business. The powers, and it shall be its duty to hear and board shall have the power to subpoena and decide appeals where it is alleged there is error require the attendance of witnesses, administer of law in any order, requirement, decision or oaths, and compel testimony and the production determination made in the enforcement of this of books, papers, files and other evidence chapter. pertinent to the matter before it. In hearing and deciding appeals, the board of appeals shall have the authority to grant such Sec. 98-743. Appeal. variances as may be in harmony with the general purpose and intent of this chapter, public safety An appeal may be taken to the board of appeals and welfare secured, and substantial justice by anyone affected by a decision of the zoning done, including: administrator. Such appeal shall be taken within such time as shall be prescribed by the board of 1. Interpreting the provisions of this appeals by general rule, by filing with the zoning chapter in such a way to carry out the administrator and with the board of appeals a intent and purpose of the plan, as shown 90

upon the zoning map fixing the use its use that do not apply generally to districts, where street layout actually on other properties or uses in the same the ground varies from the street layout district. as shown on the map. 2. That such variance is necessary for the 2. Permitting the erection and use of a preservation and enjoyment of a building or use of premises for substantial property right possessed by municipal or public utility purposes and other property in the vicinity. making exceptions to the height and 3. That the granting of such variance or bulk requirements which the board modification will not be materially considers necessary for the public detrimental to the public welfare or convenience or welfare. materially injurious to the property or 3. Permitting the modification of the improvements in the district in which automobile parking space or loading the property is located. space requirements where, in the 4. That the granting of such variance will particular instance, such modification not adversely affect the purposes or will not be inconsistent with the purpose objectives of the zoning plan of the city. and intent of such requirements. 4. Permitting such modification of the Nothing contained in this section shall be height and area regulations as may be construed to give or grant to the board the power necessary to secure an appropriate or authority to alter or change this chapter or the improvement of a lot which is of such zoning map, such power and authority being shape or so located with relation to reserved to the council in the manner provided surrounding development or physical by law. characteristics that it cannot otherwise be appropriately improved without such In consideration of all appeals and all proposed modification. variances to this chapter, the board shall first 5. Permitting temporary buildings and uses determine that the proposed variance will not: for periods not to exceed 12 months, provided adequate conditions of 1. Impair an adequate supply of light and performance are required to assure air to adjacent property; public safety and compatibility with 2. Unreasonably increase congestion in surrounding uses or properties. public streets; 3. Increase the danger of fire or endanger Where, owing to special conditions, a literal the public safety; enforcement of the use provisions of this chapter 4. Unreasonably diminish or impair would involve practical difficulties or cause established property values within the unnecessary hardships within the meaning of surrounding area; or this chapter, the board shall have power upon 5. In any other respect impair the public appeal in specific cases to authorize such health, safety, comfort, morals or variation or modification as may be in harmony welfare of the inhabitants of the city. with the spirit of this chapter, so that public safety and welfare are secured and substantial The concurring vote of four members of the justice done. No such variance or modification board shall be necessary to reverse any order, of the use provisions of this chapter shall be requirement, decision or determination of the granted unless it appears beyond a reasonable zoning administrator or to decide in favor of the doubt that all the following facts and conditions applicant any matter upon which it is authorized exist: by this chapter to render a decision.

1. That there are exceptional or Sec. 98-746. Orders. extraordinary circumstances or conditions applicable to the property or 91

In exercising its powers, the board of appeals alteration is started and proceeds to completion may reverse or affirm wholly or partly, or may in accordance with the terms of such permit. modify the order, requirement, decision or determination appealed from and may make Secs. 98-749 – 98-759 Reserved. such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the zoning Division 5 - NONCONFORMITIES administrator from whom the appeal is taken. Sec. 98-760. Intent. Sec. 98-747. Notice. It is recognized that there exists within the The board of appeals shall make no districts established by this chapter or by recommendation except in a specific case and amendments, lots, structures and uses of land after a public hearing conducted by the board. which were lawful before this chapter was The public hearing shall be noticed pursuant to passed or amended, which would be prohibited the requirements of the Michigan Zoning or restricted under the terms of this chapter or Enabling Act, Public Act 100 of 2006, as future amendment. amended. It shall determine the interested parties who, in the opinion of the board, may be It is the intent of this chapter to permit these affected by any matter brought before it, which nonconformities to continue until they are shall in all cases include all owners of record of removed, but not to encourage their survival. property within 300 feet of the premises and occupants of single- and two-family dwellings Sec. 98-761. Board of appeals variance. within 300 feet of the premises in question, such notices to be delivered personally or by mail Although it is the intent of this chapter to restrict addressed to the respective owners at the address the expansion and perpetuation of given in the last assessment roll. The board may nonconforming uses of land and/or buildings, require any party applying to the board for relief the board of appeals, subject to a hearing, may to give such notice to other interested parties as allow an expansion or enlargement provided that it shall prescribe. it is conclusively shown that such extension or enlargement will: Sec. 98-748. Time limitations. 1. Not further reduce the value or No order of the board of appeals permitting the otherwise limit the lawful use of erection of a building shall be valid for a period adjacent premises. longer than one year unless a building permit for 2. Essentially retain the character and such erection or alteration is obtained within environment of abutting premises. such period and such erection or alteration is 3. Not materially increase or perpetuate the started and proceeds to completion in nuisance aspects of the use upon accordance with the terms of such permit. adjacent uses (noise, glare, traffic congestion, land overcrowding, No order of the board permitting a use of a vibration, signs, hours of operation and building and/or premises shall be valid for a related). period longer than one year unless such use is 4. Be limited to the minimum requirements established within such period; however, where in Article 2. such use permitted is dependent upon the erection or alteration of a building, such order Sec. 98-762. Nonconforming lots. shall continue in force and effect if a building permit for such erection or alteration is obtained A permitted single-family dwelling and within such period and such erection or customary accessory building may be erected on any single lot on record at the effective date of 92 adoption or amendment of this chapter, even nonconforming use may not thereafter though such lot may fail to meet the district be resumed. There may be changes in requirements for area or width, or both. Yard tenancy and ownership of dimensions and other requirements not involving nonconforming premises. area or width, or both, shall conform to the 8. When a nonconforming use of land, regulations of the district in which such lot is structure, or structure and land in located. Variance to yard requirements shall be combination is discontinued or ceases to obtained through the board of appeals. exist for 12 consecutive months, the structure, or structure and premises in Sec. 98-763. Nonconforming use of land combination, shall not thereafter be used and/or structures. except in conformance with the regulations of the district in which it is 1. No nonconforming use of land shall be located. enlarged or increased nor extended to 9. Removal or destruction of the use and/or occupy a greater area of land than was structure shall eliminate the occupied at the effective date of the nonconforming status of the land ordinance from which this chapter (premises). derives. 2. No nonconforming use of land or building shall be moved in whole or in Sec. 98-764. Repairs and maintenance. part to any other portion of the lot or parcel occupied. Nothing in this chapter shall be deemed to 3. No nonconforming structure may be prevent the strengthening or restoring to a safe enlarged or altered in a way which condition of any building or part declared to be increases its nonconformity. unsafe by any official charged with protecting 4. Should a nonconforming structure be the public safety, upon order of such official. destroyed by any means to an extent of more than 60 percent of the usable cubic Sec. 98-765. Uses under exception space above the floor area, it shall not be provisions not nonconforming uses. reconstructed except in conformity with the provisions of this chapter. Any use for which a general exception or special 5. Any nonconforming use may be carried condition is permitted as provided in this chapter on throughout any parts of a building shall not be deemed a nonconforming use but which were manifestly arranged or shall without further action be deemed a designed for such use, but no such use conforming use in such district. shall be extended to occupy any land outside such building. Secs. 98-766 – 98-769 Reserved. 6. Any nonconforming use of a structure, land, or structure and land may be DIVISION 6 – ZONING AMENDMENTS changed to another nonconforming use provided that the proposed use is Sec. 98-770. Initiation. equally or more appropriate to the district than the existing nonconforming Initiation of Amendments. Amendments may be use as determined by the zoning board initiated by the council, planning commission, or of appeals. by petition of one or more persons having an 7. Any structure, or structure and land in interest in the property to be affected by the combination, in or on which a proposed amendment. Each petition for nonconforming use is superseded by a amendment shall be submitted to the zoning permitted use shall thereafter conform to administrator who shall refer it for the regulations for the district in which recommendation action to the planning such structure is located; and the commission. Amendments will be regulated by 93 the provisions of the Michigan Zoning Enabling requirements of the Michigan Zoning Act, Public Act 110 of 2006, as amended. Enabling Act, Public Act 100 of 2006, as amended. Following the public Fees. The council may establish, by resolution, hearing, the council shall consider the fees for zoning amendment petitions. Such fees, proposed amendment based on the if any, shall be listed in Appendix A of the code. following: A. Comments received at the public Sec. 98-771. Procedures. hearing. B. The summary report provided by the 1. Upon receipt of a petition for planning commission. amendment, the planning commission C. The Administrative Standards listed shall hold at least one public hearing, in Section 98-772. notice of which shall be given pursuant 6. The council shall grant a hearing on a to the requirements of the Michigan proposed ordinance amendment to an Zoning Enabling Act, Public Act 100 of interested property owner who requests 2006, as amended. a hearing by certified mail to the city 2. Following the public hearing, the clerk. Notice of the hearing shall be planning commission shall review the given to the interested property owner in proposed amendment in accordance accordance with the Michigan Zoning with the Administrative Standards listed Enabling Act, Public Act 100 of 2006, in Section 98-772. as amended. 3. A vote by the planning commission on 7. A vote of the council for an amendment the proposed amendment shall be a roll- shall be a roll-call vote. The call vote. The amendment shall be amendment shall be approved by a considered recommended if it receives a majority of vote of the membership of majority vote of the membership of the the council. planning commission. 8. Pursuant to the Michigan Zoning 4. After public hearing and review, the Enabling Act, Public Act 110 of 2006, planning commission may recommend as amended, the council shall make no approval or denial of the rezoning. The change in the proposed amendment planning commission shall prepare a without first referring the petition back summary report for the council of their to the planning commission which shall decision with the following items have thirty (30) days from such referral included: to make a further recommendation to the A. A copy of the proposed zoning council. If the petition is referred back ordinance. to the planning commission, the council B. A summary of the comments shall make specific mention of their received at the public hearing. objections to the planning commission’s C. Detailed findings concerning the findings and recommendations. amendment based on planning and zoning criteria and concerns raised 98-772. Administrative Standards. at the hearing. D. A recommendation of approval or For the purpose of administering this ordinance, denial supported by the the zoning administrator, the planning Administrative Standards listed in commission, the council, and any other 98-772. reviewing body or official, shall consider each 5. After receipt of the planning petition for amendment as an individual case. commission’s recommendation or Consideration shall be given to the location, denial, the council may hold one public size, and character of a use to determine if the hearing if it chooses, notice of which use will promote public health, safety, and shall be given pursuant to the general welfare, and be in harmony with the 94 intent and appropriate and orderly development 15. Is the proposed amendment precedent of the district in which it is situated, and will not setting? be detrimental to the orderly development of 16. Will the proposed amendment conserve adjacent districts. natural resources such as aesthetics and historic, old growth trees? Consideration for zoning changes and use 17. Are there any other factors considered permits may be given to the following factors. pertinent to the proposed amendment? This is a comprehensive list. Some factors will weigh heavier depending on the proposal: When considering a Conditional Rezoning request, the conditions restricting the use or 1. Is the proposed amendment/use development of the property should be generally compatible with the existing considered by the planning commission and use of the property surrounding the council when considering all of the above proposed site? factors. 2. Will the proposed amendment/use result in traffic congestion on the adjacent Sec. 98-773 Conditional Rezoning. streets or create a safety problem? 3. Will the proposed amendment/use have Intent: It is recognized that there are certain a significant adverse effect on property instances where it would be in the best interests values in the adjacent area? of the city, as well as advantageous to property 4. Will the proposed amendment/use owners seeking a change in zoning boundaries, significantly increase noise in the area? if certain conditions could be proposed by 5. Will the proposed amendment/use property owners as part of a request for a satisfy a need in the community? rezoning. It is the intent of this Section to 6. Is the proposed amendment/use provide a process consistent with the provisions compatible with the master plan for that of Section 125.3405 of the Michigan Zoning area? Enabling Act, Public Act 110 of 2006, as 7. Does the amendment/use comply with amended by which an owner seeking a rezoning the intent of the Zoning District? may voluntarily propose conditions regarding 8. Is the proposed location an appropriate the use and/or development of land as part of the location for all of the uses which would rezoning request. be permitted under the requested district? Sec. 98-774. Application and Offer of 9. Are the physical characteristics of the Conditions. site appropriate for the proposed amendment? 1. An owner of land may voluntarily offer 10. Are there public services available to in writing conditions relating to the use meet the demands of the proposed and/or development of land for which a amendment/use? rezoning is requested. This offer may 11. Will the proposed amendment/use be made either at the time the increase the taxable value of the application for rezoning is filed or may property? be made at a later time during the 12. Will the rezoning constitute a spot zone rezoning process. granting a special privilege to one 2. The required application and process for landowner not available to others? considering a rezoning request with 13. Are adequate sites available elsewhere conditions shall be the same as that for that are already properly zoned to considering rezoning requests made accommodate the proposed uses? without any offer of conditions, except 14. Has there been a change of conditions in as modified by the requirements of this the area supporting the proposed Section. amendment? 95

3. The owner’s offer of conditions may not The planning commission, after public hearing purport to authorize uses or and consideration of the factors for rezoning set developments not permitted in the forth in Section 98-772 of this Ordinance, may requested new zoning district. recommend approval, approval with 4. The owner’s offer of conditions shall recommended changes or denial of the rezoning; bear a reasonable and rational provided, however, that any recommended relationship to the property for which changes to the offer of conditions are acceptable rezoning is requested. to and thereafter offered by the owner. 5. Any use or development proposed as part of an offer of conditions that would Sec. 98-776 City Council Review. require a special land use permit under the terms of this Ordinance may only be After receipt of the planning commission’s commenced if a special land use permit recommendation, the council shall deliberate for such use or development is upon the requested rezoning and may approve or ultimately granted in accordance with deny the conditional rezoning request. The the provisions of this Ordinance. council’s deliberations shall include, but not be 6. Any use or development proposed as limited to, a consideration of the factors for part of an offer of conditions that would rezoning set forth in Section 98-772 of this require a variance under the terms of Ordinance. Should the council consider this Ordinance may only be commenced amendments to the proposed conditional if a variance for such use or rezoning advisable and if such contemplated development is ultimately granted by the amendments to the offer of conditions are Zoning Board of Appeals in accordance acceptable to and thereafter offered by the with the provisions of this Ordinance. owner, then the council shall refer such 7. Any use or development proposed as amendments to the planning commission for a part of an offer of conditions that would report thereon within a time specified by the require site plan approval under the council and proceed thereafter in accordance terms of this Ordinance may only be with said statute to deny or approve the commenced if site plan approval for conditional rezoning with or without such use or development is ultimately amendments. granted in accordance with the provisions of this Ordinance. Sec. 98-777 Approval. 8. The offer of conditions may be amended during the process of rezoning 1. If the council finds the rezoning request consideration provided that any and offer of conditions acceptable, the amended or additional conditions are offered conditions shall be incorporated entered voluntarily by the owner. An into a formal written Statement of owner may withdraw all or part of its Conditions acceptable to the owner and offer of conditions any time prior to conforming in form to the provisions of final rezoning action of the council this Section. The Statement of provided that, if such withdrawal occurs Conditions shall be incorporated by subsequent to the planning attachment or otherwise as an commission’s public hearing on the inseparable part of the ordinance original rezoning request, then the adopted by the council to accomplish rezoning application shall be referred to the requested rezoning. the planning commission for a new 2. The Statement of Conditions shall: public hearing with appropriate notice A. Be in a form recordable with the and a new recommendation. Houghton County Register of Deeds, or, in the alternative, be Sec. 98-775 Planning Commission Review. accompanied by a recordable Affidavit of Memorandum prepared 96

and signed by the owner giving be of no material benefit to the city or to notice of the Statement of any subsequent owner of the land. Conditions in a manner acceptable 5. Upon the rezoning taking effect, the use to the council. of the land so rezoned shall conform B. Contain a legal description of the thereafter to all of the requirements land to which it pertains. regulating use and development within C. Contain a statement acknowledging the new zoning district as modified by that the Statement of Conditions any more restrictive provisions runs with the land and is binding contained in the Statement of upon successive owners of the land. Conditions. D. Incorporate by attachment or reference any diagram, plans or Sec. 98-778 Compliance with Conditions. other documents submitted or approved by the owner that are 1. Any person who establishes a necessary to illustrate the development or commences a use upon implementation of the Statement of land that has been rezoned with Conditions, if any such documents conditions shall continuously operate are incorporated by reference, the and maintain the development or use in reference shall specify where the compliance with all of the conditions set document may be examined. forth in the Statement of Conditions. E. Contain a statement acknowledging Any failure to comply with a condition that the Statement of Conditions or contained within the Statement of an Affidavit of Memorandum giving Conditions shall constitute a violation of notice thereof may be recorded by this Zoning Ordinance and be the city with the Houghton County punishable accordingly. Additionally, Register of Deeds. any such violation shall be deemed a F. Contain the notarized signatures of nuisance per se and subject to judicial all of the owners of the subject land abatement as provided by law. preceded by a statement attesting to 2. No permit or approval shall be granted the fact that they voluntarily offer under this Ordinance for any use or and consent to the provisions development that is contrary to an contained within the Statement of applicable Statement of Conditions. Conditions. 3. Upon the rezoning taking effect, the Sec. 98-779. Time Period for Establishing Zoning Map shall be amended to reflect Development or Use. the new zoning classification along with a designation that the land was rezoned Unless another time period is specified in the with a Statement of Conditions. The Ordinance rezoning the subject land, the city clerk shall maintain a listing of all approved development and/or use of the land lands rezoned with a Statement of pursuant to building and other required permits Conditions. must be commenced upon the land within 18 4. The approved Statement of Conditions months after the rezoning took effect and or an Affidavit of Memorandum giving thereafter proceed diligently to completion. This notice thereof shall be filed by the city time limitation may upon written request be with the Houghton County Register of extended by the council if (1) it is demonstrated Deeds. The council shall have authority to the council’s reasonable satisfaction that there to waive this requirement if it is a strong likelihood that the development determines that, given the nature of the and/or use will commence within the period of conditions and/or the time frame within extension and proceed diligently thereafter to which the conditions are to be satisfied, completion, and (2) the council finds that there the recording of such a document would has not been a change in circumstances that 97 would render the current zoning with Statement Nothing in the Statement of Conditions or in the of Conditions incompatible with other zones and provisions of this Section shall be deemed to uses in the surrounding area or otherwise prohibit the City from rezoning all or any inconsistent with sound zoning policy. portion of land that is subject to a Statement of Conditions to another zoning classification. Any Sec. 98-780 Reversion of Zoning. rezoning shall be conducted in compliance with this Ordinance and the Michigan Zoning If approved development and/or use of the Enabling Act, Public Act 110 of 2006 as rezoned land does not occur within the time amended. frame specified under 98-779 above, then the land shall revert to its former zoning Sec. 98-784 Failure to Offer Conditions. classification. The reversion process shall be initiated by the council requesting that the The City shall not require an owner to offer planning commission proceed with conditions as a requirement for rezoning. The consideration of rezoning of the land to its lack of an offer of conditions shall not affect an former zoning classification. The procedure for owner’s rights under this Ordinance. considering and making this reversionary rezoning shall thereafter be the same as applies Secs. 98-785 - 98-799 Reserved. to all other rezoning requests.

Sec. 98-781 Subsequent Rezoning of Land.

When land that is rezoned with a Statement of Conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no Statement of Conditions; whether as a result of a reversion of zoning pursuant to 98-780 above or otherwise, the Statement of Conditions imposed under the former zoning classification shall cease to be in effect. The city clerk shall record with the Houghton County Register of Deeds a notice that the Statement of Conditions is no longer in effect.

Sec. 98-782 Amendment of Conditions.

1. During the time period for commencement of an approved development or use specified pursuant to 98-779 above or during any extension thereof granted by the council, the city shall not add to or alter the conditions in the Statement of Conditions. 2. The Statement of Conditions may be amended thereafter in the same manner as was prescribed for the original rezoning and Statement of Conditions.

Sec. 98-783 City Right to Rezone.

ARTICLE 8 – ZONING MAP