ART1CLE XII

ART1CLE XII. GENERAL PROVISIONS

SECT1ON 1200. GENERAL

Except to the extent as may be otherwise specifically provided and in addition to any other applicable provision of this Ordinance, all buildings, structures and/or uses in the City shall be governed by these General Provisions.

SECTION 1201. FRONTAGE REQUIREMENTS

1. Every lot or parcel of record created after the effective date of this Ordinance shall front upon a public street for the required width of the lot as provided in Section 201 of this Ordinance. Lot width shall be measured as defined in the definition of lot width in Article II of this Ordinance.

2. No lot shall be used for any purpose permitted by this Ordinance unless said lot fronts upon a public street; or unless such lot fronts upon a private street which was lawfully constructed prior to the adoption of this Ordinance.

3. The Board of Zoning Appeals may grant an exemption from this requirement in cases where a lot has contained two or more dwelling units since prior to passage of this Ordinance and it is proposed that such lot be split so as to create lots containing only one house each, or in other cases where the requirement would serve no useful purpose. An exemption shall be granted only if the Board of Zoning Appeals determines that the exemption will not be detrimental to the public welfare.

SEC1ION 1202. ACCESSORY BUILDINGS

1. Where the accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all regulations of this Ordinance applicable to main buildings.

2. Accessory buildings shall not be erected in any required yard, except a rear yard.

3. An accessory building shall not occupy more than twenty-five (25%) percent of a required rear yard, and in a residential district the accessory building shall not exceed the ground floor area of the main building.

4. No detached accessory building shall be located closer than three (3) feet to any side or rear lot line.

5. In those instances where the rear lot line is coterminous with an alley right-of-way, the accessory building shall not be closer than one (1) foot to such rear lot line. In no instance shall an accessory building be located within a dedicated easement or right-of-way.

6. An accessory building may not exceed one (1) story or fifteen (15) feet in height unless approved by the Planning Commission.

7. When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building shall not project beyond the front yard setback required on the lot in the rear of such corner lot.

8. All motor homes or travel trailers owned by residents of the City and stored on individual lots in residential districts shall be stored only within the confines of the rear yard and shall further comply with the requirements of this section applicable to accessory buildings, insofar as distances from principal structures, lot lines and easements are concerned.

9. Any building erected as a garage or in which the main portion is a garage shall in no ease be occupied for dwelling purposes unless it is auxiliary to a residence already being occupied upon the lot and unless it also complies with all the provisions of this Ordinance relating to buildings for residential purposes.

10. A Television Satellite Dish shall not be installed, placed, attached or parked, whether permanent or temporary, on any front or side yard of any residential property within the City. A Television Satellite Dish may be placed in a rear yard of a residential property so long as no part of it extends any closer than eight (8) feet from the property line.

11. No accessory building or use shall exist prior to the establishment of the principal building or use upon the lot except as a temporary building. Such temporary building use shall terminate upon completion of the principal building or buildings upon the lot.

SECTION 1203. BASEMENT

No structure, the major portion of which consists of a basement, shall be occupied for living and/or sleeping purposes by human beings except under a variance permit from the Zoning Board of Appeals for a limited period to permit the construction of the above grade dwelling as shown on appropriate plans submitted by the applicant and provided said board is satisfied with the applicant's ability and intent to complete such construction within said period.

SECTION 1204. CONFLICTING REGULATIONS

Whenever any provision of this Ordinance imposes more restrictive requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this Ordinance shall govern. Whenever the provisions of any other law or ordinance impose more restrictive requirements than are imposed or required by this Ordinance then the provisions of such other law or ordinance shall govern.

SECTION 1205. DRIVEWAY STANDARDS

The intent of this section is to establish standards for driveway spacing and the number of driveways for application during the site plan review process. The standards of this section are intended to promote safe and efficient travel within the township; minimize disruptive and potentially hazardous traffic conflicts; separate traffic conflict areas by reducing the number of driveways; provide efficient spacing standards between driveways, and between driveways and intersections; implement the Master Plan and other subarea plan recommendations; protect the substantial public investment in the street system; and to ensure reasonable access to properties, though not always the most direct access.

The standards herein apply to site plans and plats along roads which are under the jurisdiction of the Huron County Road Commission or Michigan Department of Transportation (MDOT). Both of those agencies have driveway design and permit requirements, however, those general standards may not be sufficient to meet the particular traffic issues and objectives of the City of Bad Axe. Therefore, the driveway standards herein may be more restrictive than those provided by the road agencies. Construction within the public right-of-way under the jurisdiction of Huron County or MDOT still must also meet the permit requirements of the road agency. Where any conflicts arise, the more stringent standard shall apply.

1. Definitions

Arterials, Major Arterials, Collectors, and Local Roads: Arterials, Major Arterials, Collectors, and Local Roads are classified in the City Master Plan. Major Arterial Roads are as follows:

M-53

M-142

Bad Axe Road

Commercial Driveway: For the purposes of this section, a commercial driveway is defined as any vehicular access except those serving one (1) or two (2) dwelling units or an essential public service use, building or structure.

Offset: The distance between the centerline of the subject driveway and the centerline of driveways on the opposite side of the street.

2. General Standards for Driveway Location

Driveways shall be located so as to minimize interference with the free movement of traffic, to provide adequate sight distance, and to provide the most favorable driveway grade.

Driveways, including the radii but not including right turn lanes, passing lanes and tapers, shall be located entirely within the right-of-way frontage. The Planning Commission may modify this requirement provided:

a. The request will further of public objective identified in the City’s Master Plan and;

b. Approval from Huron County or the Michigan Department of Transportation and;

c. Written certification from the adjacent property owner agreeing to such encroachment.

3. Standards for the Number of Commercial Driveways

The number of commercial driveways shall be the minimum necessary to provide reasonable access for regular traffic and emergency vehicles, while preserving traffic operations and safety along the public roadway. A single means of direct or indirect access shall be provided for each separately owned parcel. Where possible, this access shall be via a shared driveway or a service drive. Where it is not possible to provide shared access, this access may be by a single driveway. Additional driveways may be permitted for a property only under one of the following:

a. One (1) additional driveway may be allowed for properties with a continuous frontage of over five hundred (500) feet, and one (1) additional driveway for each additional five hundred (500) feet of frontage, if the Planning Commission determines there are no other reasonable access opportunities.

b. Two (2) one-way driveways may be permitted along a frontage of at least one hundred twenty five (125) feet, provided the driveways do not interfere with operations at other driveways or along the street.

c. The Planning Commission may determine additional driveways are justified due to the amount of traffic generated by the use without compromising traffic operations along the public street, based upon a traffic impact study submitted by the applicant.

4. Driveway Spacing Standards

a. Between driveways: The minimum spacing between two commercial driveways on the same side of the road shall be determined based upon posted speed limits along the parcel frontage. The minimum spacings indicated below are measured from centerline to centerline.

Posted Speed Limit (MPH)	Minimum Driveway Spacing (In Feet)
25	125
30	155
35	185
40	225
45+	300

For sites with insufficient street frontage to meet the above criterion, the Planning Commission may require construction of the driveway along a side street, a shared driveway with an adjacent property, construction of a driveway along the property line farthest from the intersection or require a service/frontage road.

b. Offsets: To reduce left-turn conflicts, new commercial driveways should be aligned with driveways or streets on the opposite side of the roadway where possible. If alignment is not possible, driveways should be offset a minimum of two hundred fifty (250) feet along an Arterial or Major Arterial roadway and one hundred fifty (150) feet along other roadways. Longer offsets may be required depending on the expected inbound left-turn volumes of the driveways, or sight distance limitations

c. Spacing from intersections: Minimum spacing requirements between a proposed commercial driveway and an intersection either adjacent or on the opposite side of the street may be set on a case-by-case basis by the Planning Commission during site plan review but in no instance shall be less than the distances listed below. The following measurements are from the near edge of the proposed driveway, measured at the throat perpendicular to the street, to the near lane edge of the intersecting street or pavement edge for uncurbed sections.

MINIMUM COMMERCIAL DRIVEWAY SPACING FROM STREET INTERSECTIONS
Location of Driveway	Minimum Spacing for a Full Movement Driveway	Minimum Spacing for a Channelized Driveway Restricting Left Turns
Along Arterial from intersection with another Arterial	300 feet	300 feet
Along Arterial from intersection with a collector or local street	250 feet	125 feet
Along Collector or Local Street from an intersection with an Arterial street	125 feet	75 feet
Along a Collector from intersection with a non-arterial	125 feet	125 feet
Along a Local Street or Private Road from intersection with a non‑arterial intersection	75 feet	75 feet

5. Standards for Shared Driveways and Service/Frontage Roads

The use of service roads, in conjunction with driveway spacing, is intended to preserve traffic flow along major thoroughfares and minimize traffic conflicts, while retaining reasonable access to the property. Where noted above, or where the Planning Commission determines that reducing the number of access points may have a beneficial impact on traffic operations and safety while preserving the property owner's right to reasonable access, access from a side street, a shared driveway or service road connecting two or more properties or uses may be required. In particular, service drives, frontage roads or at least a connection between uses may be required in the following cases:

a. Where the driveway spacing standards of this section can not be met.

b. Where recommended in the City’s Master Plan and other corridor or sub-area master plans.

c. When the driveway could potentially interfere with traffic operations at an existing or potential traffic signal location.

d. The site is along an Arterial or Major Arterial, particularly along segments experiencing congestion or a relatively high number of accidents.

e. The property frontage has limited sight distance.

f. The fire department recommends a second means of emergency access.

6. Design Standards for Service Drives

Service roads, as an alternate to numerous individual driveways serving a series of uses or lots, shall be designed according to the following additional standards:

a. Location: Service roads shall generally be parallel or perpendicular to the front property line and should be located adjacent to, or behind, principal buildings and may be placed in required yards. The Planning Commission may consider a service road located in front of a principal building provided the service drive contributes to the pedestrian accessibility to the proposed use and adjacent uses, In considering the most appropriate alignment for a service road, the Planning Commission shall consider the setbacks of existing and/or proposed buildings and anticipated traffic flow for the site.

b. Access Easement: The service road shall be within an access easement permitting traffic circulation between properties. This easement shall be at least forty (40) feet wide.

c. Construction and Materials: Service roads shall have a base, pavement, and curb and gutter in accordance with City/County standards, except the width of the service road shall be twenty-six (26) feet wide, measured from curb edge-to-edge.

d. Parking: The service road is typically intended to be used exclusively for circulation, not as a parking maneuvering aisle. The Planning Commission may require the posting of "no parking" signs along the service road. In reviewing the site plan, the Planning Commission may permit temporary parking in the easement area where a continuous service road is not yet available, provided that the layout allows removal of the parking in the future to allow extension of the service road. The Planning Commission may approve angled or parallel parking.

e. Access Points: The Planning Commission shall approve the location of all accesses to the service/frontage road, based on the driveway spacing standards of this Article. The throat depth of the access points shall be considered adequate to minimize conflicts with traffic on the public road, in consideration of expected traffic volumes.

f. Temporary Access: The Planning Commission may approve temporary access points where a continuous service road is not yet available and a performance bond or escrow is created to assure elimination of temporary access when the service road is continued.

g. Elevation: The site plan shall indicate the proposed elevation of the service/frontage road at the property line and the Township shall maintain a record of all service road elevations so that their grades can be coordinated.

h. Maintenance: Each property owner shall be responsible for maintaining the service/frontage road.

7. Commercial Driveway Design

Commercial driveways shall be designed according to the standards of the Huron County Road Commission or MDOT, as applicable, and in accordance with the following:

a. For high traffic generators, or for commercial driveways along roadways experiencing or expected to experience congestion, all as determined by the Planning Commission, two (2) egress lanes may be required (one being a separate left turn lane).

b. Where a boulevard entrance is desired by the applicant or Planning Commission, a fully curbed island shall separate the ingress and egress lanes. The radii forming the edges on this island shall be designed to accommodate the largest vehicle that will normally use the driveway. The minimum area of the island shall be one hundred eighty (180) square feet. The Planning Commission may require landscaping within the curbed island. Such landscaping shall be tolerant of roadway conditions. Direct alignment of boulevard entrances is discouraged

c. All commercial driveways shall provide an unobstructed clear vision area between a height of three (3) feet and ten (10) feet in a triangular area measured ten (10) feet back from the point of intersection of the driveway and the street right-of-way (see graphic)

8. Standards For Shared Residential Driveways (Residential Zoning Districts)

a. The number of residential driveways shall be the minimum necessary to provide reasonable access for regular traffic and emergency vehicles, while preserving traffic operations and safety along the public roadway. A single means of direct or indirect access shall be provided for each separately owned parcel. Where possible along arterials and collectors, access shall be via a shared driveway. Where it is not possible to provide shared access, this access may be by an individual driveway.

b. A lot split for a parcel that has frontage along an arterial road that will result in more than one parcel with access to said arterial, shall meet the following shared access requirements:

Road Type	One Driveway For Each
M-53/M-142	500 ft. of frontage
Other Arterials	250 ft. of frontage
Other Roads	Based on minimum lot width (frontage) of the zoning district

c. All lots created that do not provide the above required frontage shall have shared access from the single driveway meeting the standards of subsection e below, a private road meeting the standards of the Township Private Road Ordinance or a public street.

d. The Planning Commission may approve additional driveways where safe traffic operations will be maintained based upon vehicular speeds, traffic volumes relationship to other access points, sight distance and comments of MDOT or the Huron County Road Commission.

e. Two (2) single-family lots may have access from a private driveway when the following conditions are met:

(1) The driveway surface shall be a uniform minimum sixteen (16) feet wide, measured edge to edge. The width may be reduced to twelve (12) feet if the length of the shared driveway is less than three hundred (300) feet or if there are significant topographic, wetland, or other natural features on the site and sixteen (16) foot wide passing flares are provided at least every three hundred (300) feet.

(2) The driveway shall be constructed of materials suitable to accommodate emergency vehicles.

(3) There shall be a recorded shared access easement. The applicant shall provide record of the shared access agreement and documentation that shared access agreement has been recorded with the Huron County Registrar of Deeds prior to the issuance of a Land Use permit.

(4) The driveway shall be maintained by the landowners to ensure adequate access for emergency vehicles. (It is the land owners responsibility to maintain this access).

9. Modification of Standards for Special Situations

During site plan review the Planning Commission shall have the authority to modify the standards of this Article upon consideration of the following:

a. The standards of this section would prevent reasonable access to the site.

b. Access via a shared driveway or service/frontage road is not possible due to the presence of existing buildings or topographic conditions.

c. Roadway improvements (such as the addition of a traffic signal, a center turn lane or bypass lane) will be made to improve overall traffic operations prior to project completion, or occupancy of the building.

d. The use involves the redesign of an existing development or a new use which will generate less traffic than the previous use.

e. The proposed location and design is supported by the Huron County Road Commission or MDOT as an acceptable design under the conditions. The Planning Commission may also request the applicant provide a traffic impact study to support the requested access design.

f. The modification shall be of the minimum amount necessary, but in no case shall spacing of a full-access driveway be less than sixty (60) feet, measured centerline to centerline.

g. Where there is a change in use or expansion at a site that does not comply with standards herein, the Planning Commission shall determine the amount of upgrade needed in consideration of the existing and expected traffic pattern and the capability to meet the standards herein to the extent practical. (See also section 1209 Nonconforming Uses).

SECTION 1206. HOME OCCUPATIONS

A home occupation, where permitted, shall be subject to the following limitations:

1. It shall occupy no more than twenty (20%) percent of the floor area of the dwelling unit.

2. It shall be operated in its entirety within the dwelling and not within any garage or accessory building located on the lot, except for incidental storage in or use of a residential-type garage on the lot except educational or instructional lessons.

3. It shall not have a separate entrance from outside the dwelling.

4. It shall be conducted only by the person or persons occupying the dwelling as their principal residence a major portion of each month; provided, however, the Planning Commission may permit additional subordinate workers who do not reside in the dwelling when such approval would not materially impair the residential character of the neighborhood or cause traffic congestion or parking problems. In no event, however, shall such additional workers exceed three (3) in number.

5. The dwelling and/or lot shall have no exterior evidence to indicate that the same is being utilized for any purpose other than that of a dwelling except for one unanimated, non-illuminated, wall sign having an area of not more than three (3) square feet.

6. No goods shall be sold from the premises that are not strictly incidental to the principal home occupation conducted therein.

7. No mechanical equipment shall be used except that which is used normally for purely domestic or household purposes.

8. No occupation shall be conducted upon or from the premises which would constitute a nuisance.

9. Any home occupation shall be subject to annual inspection by the Zoning Inspector and may be terminated by order of such inspector whenever it fails to comply with this Ordinance.

10. The Planning Commission shall have authority to determine whether or not a proposed or present home occupation complies with this Ordinance, whether or not it is compatible with the character of the zoning classification in which located, and whether or not the health, safety, and general welfare of the neighborhood will thereby be impaired.

11. Educational or instructional lessons may be permitted provided there are no more than 10 students on the premises at any given time.

SECTION 1207. INTERPRETATION

In interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience, and/or general welfare of the City.

SECTION 1208. LIGHTING

Lighting Definitions

1. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

a. CANOPY STRUCTURE: Any overhead protective structure which is constructed in such a manner as to allow pedestrians/vehicles to pass under.

b. FLOOD OR SPOT LIGHT: Any light fixture or lamp that incorporates a reflector or refractor to concentrate the light output into a directed beam in a particular direction.

c. GLARE: Direct light emitted by a lamp, luminous tube lighting or other light source.

d. LAMP: The component of the luminaire that produces the actual light including luminous tube lighting.

e. LIGHT FIXTURE: The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and a refractor or lens. A light fixture also includes the assembly for luminous tube and fluorescent lighting.

f. LIGHT POLLUTION: Artificial light which causes a detrimental effect on the environment, enjoyment of the night sky or causes undesirable glare or unnecessary illumination of adjacent properties.

g. LIGHT TRESPASS: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

h. LUMINAIRE: The complete lighting system including the lamp and light fixture.

i. LUMINOUS TUBE LIGHTING: Gas filled tubing which, when subjected to high voltage, becomes luminescent in a color characteristic of the particular gas used, e.g., neon, argon, etc.

j. OUTDOOR LIGHT FIXTURES: Outdoor artificial illuminating devices, outdoor fixtures, lamps and other similar devices, permanently installed or portable, used for flood lighting, general illumination or advertisement.

k. SHIELDED FIXTURE: Outdoor light fixtures shielded or constructed so that light rays emitted by the fixture are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted, e.g. "shoebox-type" fixtures. A luminaire mounted in a recessed fashion under a canopy or other structure such that the surrounding structure effectively shields the light in the same manner is also considered fully shielded for the purposes of this Section.

5. Submittal Requirements

The following information must be included for all site plan submissions and where site plan approval is not required, some or all of the items may be required by the Building Official/Zoning Administrator prior to lighting installation:

a. Location of all freestanding, building-mounted and canopy light fixtures on the site plan and building elevations.

b. Photometric grid overlaid on the proposed site plan indicating the overall light intensity throughout the site (in foot candles).

c. Specifications and details for the type of fixture being proposed including the total lumen output, type of lamp and method of shielding.

d. Use of the fixture proposed.

e. Any other information deemed necessary by the Building Official/Zoning Administrator to determine compliance with provisions of this Section.

SECTION 1209. NONCONFORMING USES

1. Any building or structure for which a building permit has been issued and the actual construction of the whole or a part of which has been started, or for which a contract or contracts have been entered into pursuant to a building permit issued prior to the effective date of this Ordinance may be completed and used in accordance with the plans and application on which said building permit was granted. Failure to start construction within thirty (30) days or complete construction of any such building or structure within one (1) year after the effective date of this Ordinance shall be a violation.

2. Any sign or object which lawful existed and was maintained at the time this Ordinance became effective may be continued even though such use does not conform with the provisions of this Ordinance; provided that, all such nonconforming signs and objects and their supporting members located in R-1, R-2, or B-1 districts shall be completely removed from the premises within five (5) years from the effective date of this Ordinance.

3. There may be a change of tenancy, ownership, or management of an existing nonconforming use of land or structure, or land and a structure in combination; provided there is no change in the nature or character of such nonconforming use.

4. Where a lawful structure exists on the effective date of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, density, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful; subject to the following:

a. A structure which is nonconforming as to use regulations, shall not be added to or enlarged in any manner unless such structure, including such additions and enlargements, is made to conform to all regulations of the district in which it is located.

b. A structure nonconforming as to height or density regulations, may be added to or enlarged if such addition or enlargement conforms to the regulations of the district in which it is located.

c. When a structure or portion thereof is moved from one district to another or to another location within the same district, it must conform or be made to conform to all of the regulations of the district to which it is moved.

d. A nonconforming use of a portion of a structure, which structure otherwise conforms to the provisions of this Ordinance, shall not be expanded or extended into any other portion of such conforming structure, nor changed except to a conforming use. If such nonconforming use or portion thereof is discontinued or changed to a conforming use, any future use of such structure or portion thereof shall be in conformity with the regulations of the district in which such structure is located.

e. Should such structure be destroyed by any means to an extent of more than fifty (50%) percent of its latest state equalized value, it shall be reconstructed only in conformity with the provisions of this Ordinance.

f. On any structure devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding fifty (50%) percent of the latest state equalized value of the structure; provided that the cubic content of the structure as it existed on the effective date of this Ordinance shall not be increased. Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

5. When, on the effective date of this Ordinance, a lawful use of land exists that is made no longer permissible under the terms of this Ordinance, such use may be continued, so long as it remains otherwise lawful; subject to the following:

a. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of this Ordinance.

b. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use on the effective date of this Ordinance.

c. If such nonconforming use of land ceases for any reason for a period of more than six (6) consecutive months, any subsequent use of such land shall conform to the regulations for the district in which such land is located.

d. No structure shall be placed on this land except in conformity with the provisions of this Ordinance.

6. If a lawful use of a structure, or of structure and land in combination, exists on the effective date of this Ordinance, that is made no longer permissible under the terms of this Ordinance, such lawful use may be continued so long as it remains otherwise lawful; subject to the following:

a. No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except to change the use of the structure to a use permitted in the district in which it is located.

b. Any nonconforming use may be extended throughout any parts of a structure which were manifestly arranged or designed for such use, and which existed on the effective date of this Ordinance, but no such use shall be extended to occupy any land outside such structure.

c. If no structural alterations are made, any nonconforming use of a structure and land in combination, may be changed to another nonconforming use of the same or a more restricted classification; provided that the Zoning Board of Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Zoning Board of Appeals may require conditions and safeguards in accord with the purpose and intent of this Ordinance. When a nonconforming use of a structure, or structure and 1and in combination, is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use.

d. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

e. When a nonconforming use of a structure, or structure and land in combination, is discontinued, vacated, unoccupied, or ceases to exist for six (6) consecutive months or for eighteen (18) months during any three (3) year period, it shall be conclusively presumed that same has been legally abandoned; and the structure, or structure and 1and in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses shall be excepted from this provision. Seasona1 uses shall be determined by the Planning Commission in their sole discretion.

f. When nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

7. Whenever the owner shall fail to comply with the provisions of this Ordinance relating to removal or discontinuance of a nonconforming use, the Zoning Inspector shall serve notice in writing on such owner or his agent requiring him to comply herewith within a reasonable time after such notice. If, after such notice, the owner shall fail to comply herewith, the Zoning Inspector shall take such action as may be necessary, including civil action, to cause compliance with the provisions hereof.

SECTION 1210. PARKING, STORAGE AND LOADING SPACES

1. It shall be unlawful to use the off-street parking or loading areas established to meet the requirements of this Ordinance for any purpose other than the parking of licensed vehicles or the loading or unloading of necessary and licensed service vehicles.

2. All planting plans shall be submitted to the Planning Commission for approval as to suitability of planting material and arrangement thereof, in accordance with the provisions of Article XIII

3. There shall be provided, in all districts at the time of erection or enlargement of any main building or structure, motor vehicle off-street parking space with adjacent access to all spaces in accordance with the following provisions, compliance with which shall be determined prior to the issuance of any Zoning Compliance Certificate:

a. Off-street parking shall be permitted in a side or rear yard.

b. Off-street parking for other than residential use shall be permitted to occupy a portion of a required front yard provided that there shall be maintained a minimum unobstructed and landscaped setback of ten (10) feet between the nearest point of the off-street parking area, exclusive of access driveways, and the nearest right-of-way one.

c. Off-street parking for other than residential use shall be either on the same lot or within three hundred (300) feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot. Ownership by the applicant shall be shown of all lots or parcels intended for use as parking by the applicant.

d. Residential off-street parking shall consist of e parking strip, parking bay, driveway, garage, or combination thereof and shall be located on the lot intended to be served.

e. Minimum required off-street parking shall not be replaced by any other use unless and until equal facilities are provided elsewhere.

Minimum Spacing for a Channelized Driveway Restricting Left Turns