Zoning Ordinance - Article 5

ARTICLE 5

GENERAL PROVISIONS

Section 5.01 Intent.

The intent of this Article is to provide for those regulations which generally apply to all uses regardless of the particular zoning district, and to those Special Land Uses which may be permitted in certain zoning districts upon approval by the City Council.  Whenever any provision of this Ordinance imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, the provisions of this Ordinance shall govern unless prohibited by law. Nothing in this Ordinance shall require any change in plans, construction or designated use of any building upon which actual construction was lawfully begun prior to its adoption.

Section 5.02 Accessory Buildings and Structures.

1. Residential Uses. Accessory buildings and structures within residential districts shall comply with the following requirements:
   1. No accessory building or structure shall be built upon a lot or parcel unless and until a principal building is erected.
   2. Where a garage or carport is structurally attached to the principal building, it shall be built only in the rear or side yard and shall be considered part of the principal building for purposes of all setback regulations and building codes applicable to principal buildings.
   3. Front facade attached garages will be allowed if the following conditions are met:
      1. any front facade garage will be set back a minimum of 5 feet from the building façade;
      2. any single garage door will not exceed 8 feet in width or 8 feet in height;
      3. any two garage doors will be separated by a minimum 2 foot solid jamb;
      4. the garage opening on the building facade shall not exceed 50% of the total linear building frontage.
   4. No detached accessory building or structure shall be constructed within ten (10) feet of any principal building located on the same lot or parcel.
   5. No more than one (1) accessory building shall be permitted unless the lot is of such dimension that a second structure can be built at least twenty-five (25) feet from any other building or structure located on the same lot and a minimum of three (3) feet from any property line or edge of an easement.
   6. Detached accessory buildings and structures shall be located a minimum of three (3) feet from any adjoining lot line or easement. On corner lots and alleys, detached accessory buildings and structures shall be located at least ten (10) feet from the lot line adjacent to the side street or alley.
   7. All accessory buildings and structures shall be in the side or rear yard.
   8. Accessory buildings and structures shall be included in lot coverage limitations.
   9. The building height of an accessory building or structure shall not exceed sixteen (16) feet.
   10. Detached carports shall not be constructed closer to the side or rear lot line than the permitted distance for a residential garage. No portion of the carport shall extend into the required front yard area. Detached carport structures for multiple family residential dwellings shall be screened in accordance with applicable City Ordinances.
   11. Accessory buildings located on double frontage (through) lots shall observe front yard setback requirements on both streets.
   12. Play structures for children shall not be considered accessory buildings, but shall comply with the provisions of A (1), (4), (6) and (7), above.
   13. No detached accessory building or structure shall have a greater square footage than the principal building on the same site. (No. 1025, 5-1-07)
2. Non-residential Uses. Accessory Buildings and Structures Within All Other Districts shall comply with the following requirements:
   1. Accessory buildings and structures shall be subject to all of the same requirements as principal buildings in the District in which they are located.
   2. Accessory buildings located on double frontage (through) lots shall observe front yard setback requirements on both streets.

Section 5.03 Adult Businesses.

1. Purpose. In the preparation and enactment of this Ordinance, it is recognized that there are some uses which, because of their very nature, have operational characteristics which may have a deleterious effect upon residential, office and commercial areas.  Regulating the locations of these uses is necessary to ensure that the adverse effects of such businesses will not cause or contribute to the blighting or downgrading of the City's residential neighborhoods and commercial centers. The purpose of the following regulations is to locate these uses in areas where the adverse impact of their operations may be minimized by the separation of such uses from one another and from other places of public congregation.
   1. Provisions regarding adult business shall not apply to hospitals,  nursing homes, medical clinics, physicians, nurses, medical assistants, physical therapists and other professionals who are licensed to practice their respective professions in the State of Michigan, or who are permitted to practice temporarily under the auspices of an associate, while practicing within the scope of their license.
2. Location. Adult businesses, as defined in Article 2, shall be permitted only within the C-3 District, and shall be subject to the following regulations:
   1. No adult business shall be permitted within a one-thousand (1,000) foot radius of an existing adult business. Measurement of the 1,000-foot radius shall be made from the outermost boundaries of the lot or parcel upon which the proposed adult use will be situated.
   2. No adult business shall be permitted within a five hundred (500) foot radius of a school, library, park, playground, day-care center, licensed group home, or institutions for religious worship. Measurement of the five hundred (500) foot radius shall be made from the outermost boundaries of the lot or parcel upon which the proposed adult use will be situated.
   3. No person shall reside in or permit any person to reside in the premises of an adult business.
   4. No business or residential uses shall be located in the same building as an adult business.

Section 5.04 Architectural Compatibility and Design Guidelines.

1. Purpose. The purpose of this section is to advance the interest of public health, safety and general welfare as related to the exterior of buildings by:
   1. stabilizing and reinforcing property values to protect private and public investment, reverse neighborhood decline, and upgrade housing quality;
   2. promoting the renovation of existing buildings and neighborhoods in order to preserve and reinforce their natural, historic, cultural, social and architectural qualities;
   3. encouraging the enhancement and maintenance of the economic vitality and character of the City; and
   4. ensuring that new projects are compatible with the character of the surrounding area.
2. Standards. In the preparation of this Ordinance, it is determined that gross dissimilarity in exterior design and appearance adversely affects property values in the surrounding area, adversely affects the desirability of immediate and neighboring areas, impairs the stability of the area, and prevents the most appropriate use and development of real estate, thereby adversely affecting the public health, safety, comfort, and welfare of the citizens of this City.
   1. For purposes of this Ordinance, gross dissimilarity shall be interpreted to mean an immediately obvious difference including, but not limited to, roof pitch, materials, architectural style and details, and fenestration.
   2. The Director shall initially determine whether the standards of this section are met and shall have discretion to forward the matter to the Plan Commission for final determination
   3. A structure may be determined to be compatible in design and appearance to other structures in the context in which it is to be located, even if it does not comply with all of the outlined criteria, if it has other design features which make it harmonious with other structures in the context in which it is located.
3. Existing Sites. Existing buildings and structures undergoing improvement, change in use, or expansion, shall be brought into reasonable compliance with the minimum standards of this section.
4. Non-residential, Mixed Use and Multiple Family Residential Buildings. The following design standards apply to all non-residential buildings and structures, including those located in the Residential Overlay district, that allow residential uses:
   1. Building Materials. The following exterior finish materials shall be permitted: natural clay brick, glazed brick, ceramic tile, stone, finished metal panels, glass, glass block, molded cornices and trim, plank wood, fiber cement materials, cement plaster and similar materials.  The following exterior finish materials shall be prohibited: aluminum, metal and vinyl siding, E.I.F.S. covering more than 10% of any elevation, concrete masonry units covering more than 10% of any wall facing a public right of way, T1-11 and other plywood siding materials, and cantilevered mansard roofs.
   2. Windows. In the CBD District, building facades at street level facing public rights of way shall consist of at least fifty percent (50%) window area; upper level windows shall be vertically proportioned; and tinted and reflective glass shall be prohibited.
   3. Details. Blank walls shall not face public rights-of-way. Architectural features customarily found on the front façade of a building, such as awnings, cornice work, edge detailing and decorative finishes, are encouraged.  Balconies, railings and porch structures shall be metal, wood, glass, cast concrete or stone.
   4. Color. The color of each façade material shall be harmonious with the color of all other façade materials used on the same building, and on adjacent buildings, and shall be in character with the surrounding area. For purposes of this Ordinance, colors are harmonious if they are complementary in hue, tone and intensity. The use of dissonant and/or intensely colored façade materials shall be deemed inconsistent with this Section. Additionally,
      1. Bright or contrasting colors may be used on trim only.
      2. Mullion "storefront" systems shall be primed and painted, anodized or powder-coated.
      3. Structural elements that support signage shall be primed and painted, anodized or powder-coated.
   5. Awnings. Facades may be supplemented by awnings which shall be straight sheds or domed. Glass, steel, canvas and other natural fabric awnings shall be permitted. Slatted metal, vinyl, plastic and other synthetic awnings are prohibited. The front extended edge of awnings shall be compatible in height to others in the same block, but in no case shall be lower than 8’6" above grade. Awnings shall be compatible in color to others in the same block.  Back-lighted and internally illuminated awnings shall be prohibited. Awnings shall be constructed so as to discourage harborage of birds and their structural elements shall be primed and painted, anodized or powder-coated. Signage on awnings shall be restricted to the name and address of the businesses located on the site. Refer to the Sign Ordinance for other requirements.
5. Residential Dwellings. New construction of single and single family attached residential dwellings shall be compatible in design and appearance to dwellings in the neighborhood in which it is located.
   1. The following design standards apply:
      1. The façade materials used are not grossly dissimilar to the materials typically found in the neighborhood in which it is located, including, but not limited to, roof pitch, materials, architectural style and details, and fenestration. However, brick may be used as an acceptable building material in neighborhoods where it is not typically found.
      2. The roof pitch of the dwelling is comparable to or greater than the roof pitch of dwellings typically found in the neighborhood in which it is located.
      3. If applicable, the dwelling has steps and/or a porch which is permanently attached to the ground and is compatible with the architecture of the building.
      4. The dwelling has a garage located no closer to the front property line than the garages of dwellings typically found in the neighborhood in which it is located.
      5. The building has windows located on the front façade similar in style and quantity to those of dwellings typically found in the neighborhood in which it is located.
      6. The exterior colors of the dwelling are compatible with the colors of dwellings typically found in the neighborhood in which it is located. Bright or contrasting colors may be used on trim only.

Section 5.05 Automobile Service Stations, Automobile Major and Minor Repair Establishments, and Automobile Washes.

Automobile service stations (including those associated with other businesses), automobile major and minor repair establishments, and automobile washes shall be subject to the following requirements:

1. All applicable provisions of the current building code, the Fire Prevention Code of the City of Ferndale, N.F.P.A. Standards, the Michigan State Police Fire Marshal Flammable Liquid Regulations, the Michigan Department of Environmental Quality regulations, the Environmental Performance Standards Ordinance, and any other applicable federal and state laws, and ordinances. Wherever any conflict exists in the above codes, the stricter provision shall apply.
2. All such uses shall have a frontage of not less than one hundred-forty (140) feet along a principal street and a minimum area of 14,000 square feet.
3. Ingress and egress driveways shall be located on a principal street, a minimum of twenty (20) feet from any corner, and shall not be more than twenty-five (25) feet wide.  Only one curb cut for each fifty (50) foot of frontage shall be allowed. Driveways shall be located a minimum of fifty (50) feet apart, as measured along the property line.
4. Driveways shall be designed to accommodate the type and volume of vehicular traffic using the site, and shall be located in a manner which does not create a traffic safety or congestion problem.
5. Pedestrian sidewalks shall be separated from vehicular parking, stacking spaces and maneuvering lanes by concrete curbs or greenbelts.
6. Vehicle sales shall not be permitted on the premises.
7. All work, including but not limited to sales, repairs, servicing, greasing and/or washing motor vehicles, shall be conducted within an enclosed building that is equipped with doors that are secured during non-business hours.
8. Outdoor storage or parking of vehicles shall be prohibited between the hours of 10:00 p.m. and 6:00 a.m. except that no more than four (4) vehicles undergoing repair may be parked on the lot overnight.
9. All exterior lighting, including illuminated signs, shall comply with applicable ordinances. No light or glare shall extend beyond the property line. No strings of flags, pennants or bare light bulbs shall be permitted.
10. There shall be no broadcast of music or announcements over any loudspeaker or public address system, except for emergency safety announcements.
11. All combustible waste and rubbish shall be kept in metal receptacles fitted with a tight cover, until removed from the premises. No gasoline, oil, grease or flammable liquid shall be allowed to flow into or be placed in the drainage system. Oil, gasoline, grease and flammable liquids shall not be allowed to accumulate on the floor or to be absorbed into the ground. Combustible materials such as sawdust shall not be used to absorb gasoline, oil, grease or flammable liquids.
12. Automobile service stations shall comply with the following provisions:
    1. Every person, firm or corporation who intends to construct, reconstruct, convert, or alter any automobile service station shall furnish the Fire Chief and the Director with plans for the proposed service station which will include the location of the pump islands, control console and fire extinguishers.
    2. A qualified attendant or supervisor, at least sixteen (16) years of age, shall be on duty at all times that the station is open for business and shall be familiar with and trained to operate the fuel dispensing equipment shut-off controls.
    3. Fuel dispensing units shall be located no less than fifteen (15) feet from any lot line, and their off-street stacking space shall comply with Section 8.09.
    4. Service stations shall have no more than eight (8) fuel dispensing units, each accommodating a maximum of two (2) vehicles, and two (2) enclosed stalls for minor repairs. An additional two (2) fuel dispensing units and one enclosed stall may be included for each additional two thousand (2,000) square feet of lot area above the minimum area set forth in Section 5.05 B.
    5. Where a service station site abuts any residentially zoned district, a screening wall shall be provided in accordance with Section 5.18.

Section 5.06 Abandoned Businesses.

During any period when a business is vacated, closed, or otherwise not open for business for more than thirty (30) consecutive days, the owner or lessee shall comply with the following regulations:

1. A. Vehicular parking and storage shall be prohibited at all times anywhere on the premises, except as necessary for construction in connection with a building permit or for maintenance of the premises. The owner or lessee shall post a sign or signs on the premises giving notice that all parked or stored vehicles shall be ticketed and removed by the City at vehicle owner's expense.
2. B. The premises shall be kept free of rubbish and debris, and the grass, if any, shall be well-kept and cut as necessary so as to present a neat and attractive appearance at all times.
3. C. Within thirty (30) additional days after such closing, all curb cuts shall be closed to vehicular traffic by bumper blocks or the equivalent, as may be approved by the Director.

Section 5.07 Assisted Living Facilities.

The location, size, design, and operating characteristics of assisted living facilities shall be compatible with the character of the surrounding neighborhood, with consideration given to scale, size lot coverage and density, available services and utilities, traffic, and to any other relevant factors. Assisted living facilities shall comply with all applicable federal and state regulations.

Section 5.08 Building Grades.

All building sites and parking lots shall be sloped so as to cause the flow of surface water to run away from the walls of buildings and structures located on the lot, without creating a nuisance to adjacent properties or crossing a public sidewalk. Parking lots are also required to provide storm water retention/detention and/or proper drainage, in compliance with the Environmental Performance Standards Ordinance, and any applicable State and Federal laws. Final grades are to be approved by the Building Inspector or the City Engineer. A property owner may be required to obtain a Certificate of Grading and Location of Building Within the City of Ferndale to ensure compliance with the approved grading plan. These certificates shall be completed and certified by a registered civil engineer or land surveyor at the building owner’s expense.

Section 5.09 Buildings to be Moved.

No permit shall be granted for the moving of buildings or structures to, from, or within the City until the Building Inspector has inspected the building or structure and found it to be structurally safe; and, in the case of a building or structure to be moved into or within the City, that it complies with the design guidelines of Section 5.04, the current building code, zoning district requirements, and other codes regulating public health, safety, and general welfare.

Section 5.10 Contractor’s Offices and Associated Storage Yards.

Contractor's offices and associated storage yards shall be subject to the following requirements:

1. A contractor's office building shall be of permanent construction. Temporary construction trailers shall not be permitted except on construction sites, with a temporary permit, in compliance with Section 8.10.A.
2. Outdoor storage yards shall be strictly and clearly accessory to the contractor's principal office use of the property. Only products, materials and equipment owned and operated by the principal use shall be permitted for storage.
3. Storage yards for motorized equipment shall be hard-surfaced, paved with asphalt or concrete, and graded as required by section 5.08. Storage yards shall not be located within the required front yard or in any required off street parking, loading/unloading space(s), or stacking spaces.
4. Storage yards shall be screened from adjacent properties zoned either residential, commercial, mixed use or office, in compliance with the requirements of Section 5.18.
5. The loading and unloading of equipment and construction materials shall be conducted entirely within the site and shall not be permitted within a public right-of-way.

Section 5.11 Day Care Centers.

It is the intent of this section to establish standards for child day care centers which will insure compatibility with adjacent land uses and preserve the character of the neighborhood. Day care centers, as the term is defined in this Ordinance, shall be subject to the following requirements:

1. The property shall be kept free of rubbish and debris, and shall be maintained so as to present a neat and attractive appearance at all times.
2. There shall be an outdoor play area of at least three hundred (300) square feet provided on the premises. Said play area shall not be located within the front yard setback.
3. Outdoor play areas shall be enclosed by a fence that is designed to discourage climbing, and that is at least forty-two (42) inches in height but no higher than six (6) feet.
4. Day care centers shall open no earlier than 6:00 a.m. and shall close no later than 8:00 p.m.
5. Day care centers shall comply with all applicable ordinances, and with applicable State and Federal laws. Any required licenses shall be posted in a conspicuous place on the premises.
6. Drop-off and pick-up areas shall be provided. Drop-off and pick-up areas shall be located in a manner which protects the safety of children, does not create traffic congestion on the site or within a public roadway, and is not disruptive to neighboring uses.

Section 5.12 Drive-through Establishments.

Drive-through establishments shall be subject to the following requirements:

1. Permitted in C-2 Zoning District only as a special land use.
2. Consideration shall be given to proximity of existing places of congregation of children, such as schools, playgrounds and daycare centers and to pedestrian safety. A traffic Impact study shall be submitted with the application for site plan review. Pedestrian sidewalks shall be separated from vehicular parking, stacking spaces, maneuvering lanes, and loading/unloading areas by concrete curbs or greenbelts.
3. The establishment of a new drive-through restaurant shall require the lot be separated a minimum of five hundred (500) feet from any other lot containing a drivethrough restaurant measured from the outermost boundaries of the lots or parcels.
4. Construction and maintenance of all on and off-site improvements that are deemed necessary to properly accommodate the proposed land use shall be provided by the land owners or developers at their expense. Such improvements include, but are not limited to, streets, curbs, catch basins, drains, sewers, curb cuts, driveways, deceleration and acceleration lanes, street lights, traffic control devices, landscaping, sidewalks, parking areas, land for street or alley relocation, and screening walls.
5. The hours of service and the nature and intensity of the proposed land use shall be weighed against existing land uses in the area. No such proposed use shall be permitted which presents a significant interference to or materially detracts from such existing land uses in the area. The nature of the proposed land use shall be such as to contribute to a tendency for increased property values in the area, and otherwise complement or reinforce existing or future land uses.
6. Sufficient attendant personnel and programs will be provided and maintained such that the land use will provide satisfactory service and protection to customers, clients and the public, and that the property and the improvements will be maintained in an attractive, clean, and safe condition and will not contribute to the attraction or maintenance of undesirable factors, such as rodents.
7. Outdoor speakers for the drive-through facility shall comply with the provisions of Article III, Section 7-43 of the Code of Ordinances.
8. All lighting or illuminated displays shall not reflect into any adjacent residential property and shall comply with the Environmental Performance Standards.
9. Each drive-through facility shall comply with parking, approach and stacking space requirements of Article 8. Driveways shall be designed to accommodate the type and volume of vehicular traffic using the site, and shall be located in a manner which does not create a traffic safety or congestion condition. Vehicular access shall be directly from a principal arterial road as defined in the City’s Future Land Use Plan and with a minimum right-of-way width of 120 feet.
10. Each drive-through facility shall provide an escape lane to allow other vehicles to pass those waiting to be served.
11. Rear setbacks shall be sixty (60) feet measured from the rearmost edge of construction of the building or canopy to the nearest residential property line except when such property is occupied by a use other than residential. Overhead canopy setbacks shall match the required building setbacks and be constructed of materials consistent with the principal building. The proposed clearance of any canopy shall be noted on the site plan.  Canopies shall be no higher than the principal building.
12. The drive-through access (window) shall be attached to the principal building.  Satellite structures that do not comply with the provisions of this Section are prohibited.
13. Each drive-through facility shall be required to exceed the provisions of Section 5.18 and Article 8 by ten (10%) relative to screening, landscaping, driveway, parking, stacking and loading/unloading, e.g., 8’ to10’ walls to be 8’-9" to 11’; 3 trees per 25 parking spaces to be 4 trees per 25 parking spaces. etc.

No site plan shall be approved under this Section after expiration of one year from the date it was filed with the City for approval. Any site plan approved pursuant to this subsection shall require approval by City Council and shall expire under the conditions of Section 3.04 of Ordinance 1004.

The Plan Commission, in approving a site plan under this subsection may recommend conditions conforming to Section 125.3504 of PA 110 of 2006, as amended. A finding and determination factually supported in the materials submitted by the applicant for the special land use and contained in the public record of the proceedings of the Plan Commission shall be contained in a resolution in the form required by Section 3.04 of Ordinance 1004, as amended, for each condition in (A) through (M) above.

Conditions may be required by City Council in conjunction with the approval of a special land use. Conditions so required shall conform to the requirements of Section 125.3504 of PA 110 of 2006, as amended. (No. 1021, 2-16-07)

Section 5.13 Essential Services.

Essential services shall comply with all applicable ordinances, State and Federal laws. Buildings associated with essential services shall be screened from adjacent residential areas and shall be subject to Site Plan Review. (No. 1025, 5-1-07)

Section 5.14 Excavations.

All excavations and dumping shall comply with the Excavations and Landfills Ordinance. The use of land for depositing or storing any garbage or liquid or recyclable materials is prohibited, except temporarily in conjunction with a building permit.

Section 5.15 Fences.

Site plans must comply with the Fence Ordinance.

Section 5.16 Home Business.

All home businesses shall be subject to the following requirements:

1. The following home businesses shall be permitted in single family residential dwellings:
   1. Family day care homes and group day care homes as defined in this Ordinance and permitted by the State, as a Special Land Use only.  (No. 1017, 12-11-06)
   2. Instruction in crafts and fine arts, as provided by PA 110 of 2006 MCL 125.3204, as amended. (No. 1017, 12-11-06)
   3. Tutoring.
   4. Home offices and studios.
2. Home businesses must be clearly incidental and subordinate to the residential use of the home.
3. Home businesses that would require internal or external alterations, equipment, or machinery not customary in residential areas shall not be permitted.
4. All activities shall be carried on within the dwelling, including storage, except as otherwise permitted by law.
5. No signs may be attached to any building or structure, or placed anywhere on the premises.
6. A home business shall not create a nuisance to the surrounding neighborhood, including but not limited to, excessive noise and parking problems.
7. A home business shall not cause more traffic than is normally generated for a single family dwelling in a residential area and shall not draw truck traffic into the neighborhood.
8. No merchandise shall be sold or offered for sale on the premises.

Section 5.17 Institutions for Religious Worship.

Institutions for religious worship or other public assembly shall be subject to the following requirements:

1. A minimum lot area of two (2) acres is required.
2. No off-street parking shall be located in any required front yard, setback or greenbelt.
3. The site shall be located on a major thoroughfare or principal street.
4. Off-street parking areas must be screened in compliance with Section 5.18.

Section 5.18 Landscaping, Greenbelts, Buffers, and Screening.

1. General Provisions
   1. Site plans must comply with the Vegetation Ordinance. Proposals to remove, relocate or substitute any protected tree shall comply with the Tree Protection provisions of the Vegetation Ordinance.
   2. Required screening walls shall conform to the schedule of wall heights provided below, as measured on the side of the proposed wall having the higher grade.
   3. Screening walls and landscaping located near driveways and maneuvering lanes, or within fifteen (15) feet of the front property line must also comply with the requirements of Section 5.29, Visibility at Intersections.
   4. Any land located between a screening wall and an adjacent lot line shall be landscaped.
   5. Screening walls shall be constructed of face brick, poured-in-place simulated face brick, precast brick face panels having simulated wood, brick or stone texture, or similar materials as approved by the Plan Commission. One-sided decorative wall materials shall be installed with the decorative side facing the adjacent property or street.
   6. Concrete curbing shall be installed as necessary to prevent vehicles from striking a required screening wall. The use of bumper or wheel blocks is discouraged.
2. Screening Between Residential and Non-Residential Districts.
   1. Upon any improvement for which a site plan is required, a greenbelt or screening wall shall be constructed along all boundaries between nonresidential and residentially zoned property.
   2. Where residential property abuts the M-1 and M-2 zoning districts, any outdoor storage areas, any drive-through facilities, or any vehiclerelated uses, including off-street parking, a screening wall shall be required, except within the front yard setback.
   3. A required screening wall shall be located on the lot line except where it would be located above and parallel to an underground utility easement, in which case it shall be located at the nearest edge of the easement.
   4. Where a street, alley or right-of-way separates non-residential and residentially zoned property, the Commission may eliminate the requirement for a screening wall or greenbelt if it finds that shielding between the two uses would be ineffective or unnecessary.
3. Off-Street Parking Area Screening and Landscaping.
   1. Whenever an off-street parking area, including loading and unloading areas, maneuvering lanes and stacking spaces, faces residentially zoned property across a street, alley or right of way, a screening wall or a greenbelt, at least five (5) feet wide, shall be constructed along any streets adjacent to the off-street parking area.
   2. Off-street parking areas shall incorporate greenbelts containing three (3) trees for every twenty-five (25) parking spaces within the boundaries of the parking lot, spaced throughout the lot.
4. Greenbelts.
   1. Greenbelts shall be improved with grass, flowers, ground covers, shrubs, trees and other live plant materials in compliance with the Vegetation Ordinance, and may include up to twenty-five percent (25%) decorative pavers, decorative gravel or rocks.
   2. Where this Ordinance permits a greenbelt to be used in place of a screening wall, it shall create a visual screen at least six (6) feet in height, based upon reasonably anticipated growth over a period of three (3) years, and have a minimum opacity of eighty percent (80%).
   3. Driveways may pass through required greenbelts, but such driveways shall not be subtracted from the lineal dimension used to determine the minimum number of trees required by the Vegetation Ordinance.
5. Site Landscaping. Landscaping shall be provided to screen potentially objectionable site features such as, but not limited to, retention/detention ponds, transformer pads, air-conditioning units, storage and loading/unloading areas. Landscaped bioretention areas for storm water are encouraged and need not be screened.
6. Screening of Trash and Recycling Containers.
   1. All commercial and multi-family outside trash disposal and recycling containers shall be screened on all sides with a masonry screening wall and opaque gate. The screen and gate shall be at least as high as the containers, but no less than six (6) feet in height. In the M-1 and M-2 Districts, a masonry wall shall not be required if the area is otherwise screened.
   2. Containers shall be consolidated to minimize the number of collection sites. Insofar as possible, containers shall be located away from the public view, and shall be situated to avoid causing a nuisance to the occupants of nearby buildings.
   3. Concrete pads and approaches of at least six (6) inches in depth and protective bollards shall be provided for trash and recycling containers.
   4. For storage of recycling materials, the enclosure area and pad size shall be increased to amply accommodate the extra materials and their containers.
7. Landscape ponds shall comply with all applicable ordinances.
8. Residential Districts. At least forty percent (40%) of the site of single and two family residential dwellings shall be unpaved, permeable open space. All such open space shall be landscaped with live plant materials or permeable hardscape and properly maintained.

Section 5.19 Lodging Facilities.

Lodging facilities, bed and breakfast operations, hotels and motels shall be subject to the following requirements:

1. No guest shall rent a unit for more than thirty (30) consecutive days within any twelve (12) consecutive months.
2. Each unit shall measure no less than two hundred and fifty (250) square feet of floor area.
3. Boarding houses are prohibited.
4. Extended stay lodging facilities shall be allowed as a special land use only.

Section 5.20 Mobile Homes and Manufactured Dwellings.

No mobile home or manufactured dwelling shall be located outside a mobile home park unless the dwelling conforms to the requirements set forth for the specific zoning district in the Schedule of Regulations, and to the following standards:

1. Foundation. The dwelling shall be firmly anchored to a permanent foundation, constructed on the site, in accordance with all pertinent building and fire codes.  Dwellings shall not be installed with attached wheels. Additionally, no dwelling shall have any exposed towing mechanism, undercarriage, or chassis.
2. Additions. The dwelling shall contain no addition or room or other area which is not constructed with similar or better quality as the original structure. All additions shall be constructed on a permanent foundation.
3. Code Compliance. The dwelling shall comply with all pertinent building and fire codes. Where the dwelling is required by state or federal law to comply with any regulations for construction that are different than those imposed for single-family site built housing, then such federal or state regulations shall control.

Section 5.21 Open Air Businesses.

1. Outdoor sales of seasonal and transient products or materials, and sidewalk sales, shall be subject to the requirements of the Business Regulations and Licenses Section of the Ferndale Code of Ordinances.
2. Outdoor sales and/or rental of recreational vehicles, lawn care equipment, construction equipment, and similar items and rental of motor vehicles shall comply with the following requirements:
   1. A landscaped greenbelt measuring a minimum of ten (10) feet in width shall be provided at the front lot line. No vehicles or merchandise shall be displayed within the required greenbelt.
   2. No strings of flags, pennants or bare light bulbs shall be permitted.
   3. There shall be no outdoor loudspeaker or public address system.
   4. Used items may only be sold as an accessory use to and in conjunction with an authorized dealer of new items, of the same kind, housed in a permanent building on the same lot.
   5. The lot shall have a minimum area of ten thousand (10,000) square feet, and a minimum frontage of one hundred (100) feet.
   6. The outdoor sales area shall comply with section 5.08, Building Grades.
   7. Ingress and egress driveways shall be located on a principal street, a minimum of twenty (20) feet from any corner, and shall not be more than twenty-five (25) feet wide. Only one curb cut for each fifty (50) foot of frontage shall be allowed. Driveways shall be located a minimum of fifty (50) feet apart, as measured along the property line.  (No. 1030, 7-12-07)

Section 5.22 Plats.

Land divisions and subdivisions must comply with Article 7 of this Ordinance and with the Land Division Act, MCL 560.101, et seq, as amended. Any proposed subdivision must first be approved by the Plan Commission and the City Council.

Section 5.23 Recycling Facilities.

Recycling facilities must comply with the definition set forth in Article 2. No other types of facilities shall be permitted. Recycling facilities shall comply with the Environmental Performance Standards Ordinance and with the landscaping and screening requirements of Section 5.18.

1. Recycling facilities must also comply with the following requirements:
   1. Vehicles must be unloaded by hand.
   2. No more than two hundred cubic yards of uncompacted recyclable materials may be accepted per day.
   3. Maximum hours of operation are 7 a.m. to 10 p.m.
   4. All processing and storage shall be conducted within an enclosed building.
   5. Materials may only be stored on site for a maximum of thirty (30) days.
   6. The site shall be maintained free of litter, odors, pests, and any other undesirable materials, and shall be cleaned of loose debris on a daily basis.
   7. Containers provided for after-hours donations of recyclable materials shall be at least one hundred (100) feet from any residentially zoned or used property. Containers shall be of sturdy, rust-proof construction, shall have sufficient capacity to accommodate the materials collected, and shall be secure from unauthorized entry and unauthorized removal of materials.
   8. An attendant shall be on site at all times during business hours.
   9. Outdoor lighting shall be provided in compliance with the Environmental Performance Standards Ordinance.
2. The following shall be prohibited:
   1. Accepting materials from vehicles with mechanical compaction devices.
   2. Incineration of materials.
   3. Recycling of flammable materials with a flashpoint under one hundred (100) degrees Fahrenheit.
   4. Recycling or storage of corrosive, explosive, hazardous or toxic materials.
   5. Transfer stations, composting facilities, and waste handling facilities.

Section 5.24 Reuse Facilities.

Reuse facilities must comply with the definition set forth in Article 2. No other type of facilities shall be permitted.

1. Reuse facilities must comply with the following requirements:
   1. All processing and storage shall be conducted within an enclosed building.
   2. Maximum hours of operation are 7 a.m. to 10 p.m.
   3. Materials may only be stored on site for a maximum of thirty (30) days.
   4. The site shall be maintained free of litter, odors, pests, and any other undesirable materials, and shall be cleaned of loose debris on a daily basis.
   5. An attendant shall be on site at all times during business hours.
   6. Outdoor lighting shall be provided in compliance with the Environmental Performance Standards Ordinance.
2. The following shall be prohibited:
   1. Receipt or storage of corrosive, explosive, hazardous or toxic materials.
   2. Receipt or storage of batteries.
   3. Receipt or storage of any vehicles, heavy equipment, or vehicle parts.
   4. Drop off of goods or materials during non-business hours.
   5. Incineration of materials.

Section 5.25 Self-storage Facilities.

1. Self-storage facilities shall be subject to the following requirements:
   1. Unless all storage units can only be accessed from inside the building where they are located, screening walls shall surround the property.
   2. Access to storage units shall be restricted to customers and employees, with mechanical or electronic locking devices at all access points.
   3. An attendant shall be on site at all times during business hours. An apartment may be provided on site for the attendant.
   4. The site shall be maintained free of litter, odors, pests, and any other undesirable material and shall be cleaned of loose debris on a daily basis.
   5. Self-storage facilities shall comply with the design standards applicable to non-residential buildings.
   6. Outdoor lighting shall be provided in compliance with the Environmental Performance Standards Ordinance.
   7. Landscaping shall be provided in compliance with section 5.18.
   8. Self-storage units that are designed to be individually accessed by vehicles must have paved twenty-four (24) feet wide continuous access lanes.
   9. All driveways and access lanes shall comply with Section 8.03 and 8.07. Site circulation shall be designed to accommodate fire trucks and equipment, as well as trucks that will customarily access the site.
   10. No one shall be permitted to reside or socialize in storage areas or inside storage units.
2. The following shall be prohibited:
   1. Commercial, wholesale, retail, industrial or other business activity with the exception of minor storage-related commercial activity, such as the sale of packing materials.
   2. Storage of any toxic, explosive, corrosive, flammable, illegal or hazardous materials.
   3. Outdoor storage.

Section 5.26 Signs.

Signs must conform to the Sign Ordinance and be presented to the Plan Commission as part of any required site plan review. Businesses in the Downtown Development District must comply with the Appearance Review Ordinance.

Section 5.27 Swimming, Wading and Landscape Pools and Ponds.

Site plans must conform to the Pool and Pond Ordinance.

Section 5.28 Vehicle Storage Facilities.

The design, construction, screening and landscaping of vehicle storage facilities shall comply with section 5.18 and with Article 8 of this Ordinance, Off-Street Parking, Loading and Stacking. Facilities must comply with the Environmental Performance Standards Ordinance, and with the Sign Ordinance. Unless otherwise provided in this Section, vehicle storage facilities shall comply with the requirements of Section 5.25.  Vehicle storage facilities shall also be subject to the following requirements:

1. Indoor facilities:
   1. Floor drains shall be prohibited.
   2. Compliance with the Ferndale Fire Prevention Code is required.
2. Outdoor facilities:
   1. Minimum site area of two (2) acres; maximum site area of five (5) acres.
   2. Screening walls surrounding the property, built in compliance with Section 5.18. All access points shall have mechanical or electronic locking devices for security. Access shall be restricted to customers and employees only.
   3. Site drainage shall comply with all applicable federal and state laws. Secondary containment shall be required.
   4. Site plans shall specify if the facility will allow the storage of any vehicle over thirty (30) feet in length.
3. The following uses shall be prohibited:
   1. All commercial, wholesale, retail, and industrial business uses with the exception of minor storage-related commercial activity.
   2. All residential uses except for a caretaker’s apartment. Sleeping or living in the vehicles parked on the premises is strictly prohibited.
   3. Vehicle repair, maintenance, detailing and/or restoration.
   4. Recreational activity.
   5. Installation of electrical, water or sewer connections to individual storage spaces.
   6. Storage of any vehicle carrying toxic, explosive, corrosive, flammable, illegal or hazardous materials.
   7. Storage of contractor materials and construction equipment.
   8. Facilities open between 10 p.m. and 7 a.m.
4. Outdoor lighting shall be provided in compliance with the Environmental Performance Standards Ordinance.

Section 5.29 Visibility at Intersections

No structure, wall, fence, shrubbery, trees or other visual barrier taller than thirty-two (32) inches shall be permitted within fifteen (15) feet of an intersection of two streets, or of a driveway or alley and a street. Shrubbery under thirty-two (32) inches in height and trees with branches no lower than eight (8) feet above street level are permitted.  In the case of corner lots, a triangular area shall be kept unobstructed at each intersection.  That triangular area shall be delineated by the lot lines and a line connecting them at points ten (10) feet from the corner, or in the case of a rounded corner, from the intersection of the lot lines extended.

Section 5.30 Wireless Communication Facilities

Wireless communication facilities must comply with the Wireless Communication Facilities Ordinance.

Section 5.31 Automobile Dealerships (No. 1030, 7-12-07)

Automobile dealerships shall be subject to the following requirements:

1. Automobile dealerships integrate a single business operation at one location which includes all of the following components: (1) the sale of new or new and used automobiles, (2) major and minor automobile repair, and (3) associated retail activities such as, by way of example, the sale of automotive parts and accessories. New automobiles shall be displayed in a showroom. Used automobiles may be displayed within or outside of a building, but sales transactions must be conducted within a building located on the premises where the automobiles are displayed. The outside sale of automobiles shall comply with the additional requirements of Subsection (D), below.
2. At the discretion of the Planning Commission, the required major automobile repair operation may be conducted at a location within the City of Ferndale that is physically remote from the dealership when deemed appropriate to reduce the possible adverse effect of generating noise and fumes near residential areas, provided however the location of the remote major automobile repair facility must be situated in a zoning district that specifically permits major automobile repair facilities, and complies with applicable provisions of Section 5.05 A, D, E, G, I and K and Section 8.03 H and I.
3. Automobile dealerships as described in (A) above when specifically permitted in a zoning district shall not be subjected to special land use requirements. Except as otherwise required by Section 5.31B, Automobile Dealerships with all required components physically integrated at a common location shall not be subject to the individual requirements of the Zoning Ordinance established for separate or free standing Automobile Service Stations, Automobile Major and Minor Repair, and Automobile Washes, provided that all applicable provisions of the building code, Fire Prevention Code, NFPA Standards, The Michigan State Police Fire Marshall Flammable Liquid Regulations, The Michigan Department of Environmental Quality regulations, the Environmental Performance Standards Ordinance, and all applicable State of Michigan and Federal laws, regulations, standards and ordinances, are complied with.
4. Outside sales of automobiles are permitted only at an automobile dealership and shall not be governed by the requirements of Section 5.21, but shall instead comply with the following:
   1. A landscaped greenbelt measuring a minimum of ten (10) feet in width shall be provided at the front lot line. No automobiles shall be displayed within the required greenbelt.
   2. No strings, flags, pennants or bare light bulbs shall be permitted.
   3. No outdoor loudspeakers or public address system shall be permitted.
   4. The open lot displaying the used automobiles shall contain not less than 10,000 square feet and a minimum frontage of 100 feet.
   5. The outdoor sales area shall comply with Section 5.08, Building Grades.
5. Ingress and egress to an Automobile Dealership shall be to and from a public street and designed to provide optimal safety to pedestrians and vehicles, with minimal impact upon residential streets.