Zoning 4.1 Accessory Structures and Fences

Chapter 1
Accessory Structures and Fences

Accessory buildings and structures shall comply with the requirements established for each zoning district in Article 2, Chapter 3 along with the following requirements:

4.101 General Standards Applicable to All Accessory Structures.

A. Principal Building Required. Accessory structures or buildings may only be constructed on a lot that contains a principal building. No accessory structure or building may be constructed on a lot that does not have a principal building.

B. Appearance. The exterior facade materials and architectural design of all accessory structures shall match the character of the use to which they are accessory. The overall appearance of the structure shall be in accordance with the purpose of the district where it is located.

C. Temporary Accessory Structures. Temporary accessory structures that do not require permanent attachment to the ground but have similar characteristics as an accessory structure such as moveable carports shall comply with the setback requirements for detached accessory structures.

D. Accessory Structures in Residential and C-O Districts.

1. Swimming pool or other recreational equipment shall be located in rear or side yards, except that such equipment shall have a setback equal to that required for a principal building in a side street yard on a corner lot having an abutting interior lot along its side street.

2. Communication facilities, mechanical equipment and other similar incidental equipment may be located within the rear or side yards and shall be setback at least 15’ from any side lot line except that such equipment shall have a setback equal to that required for a principal building in a side street yard on a corner lot having an abutting interior lot along its side street.

E. Maximum Number of Accessory Structures. The maximum number of accessory structures located on any residentially zoned lot shall not exceed two structures and the allowable square footage outlined in each zoning district.

(Ord. No. 2291, § 1(F), 6-27-13)

4.102 Attached Decks.

A. The outer perimeter of a an attached deck may extend up to 20 feet from the main building, but in no case may be located closer than 15 feet to a rear property line or 5 feet to a side property line.

B. The surface of any attached deck that extends more than 8 feet from the face of the building to which it is attached may not be higher than the first floor elevation of the principal structure.

4.103 Fences or Walls.

A. Residential Districts. Fences are permitted in residential and C-O districts as follows:

1. Height requirements.

a. Front or Side Street Yards. In any R-1 and R-2 district, decorative, non-opaque fences such as wood picket fences or wrought iron-appearing fences not exceeding four feet in height measured above immediate ground level are permitted in front yard.

b. Rear or Interior Side Yards. Decorative or concealing or opaque type fences or walls not exceeding six feet in height above immediate ground level are permitted in side or rear yards.

2. Location. Fences may be located in any required or non-required yard.

3. Materials. Barbed wire and other similar hazardous materials are prohibited in residential districts.

B. Industrial Districts. Fences are permitted in the M-1, M-2, and IP-1 districts as follows:

1. Front Yards. Decorative fences not exceeding three feet in height are allowed within the required front yard.

2. Rear and Side Yards. Walls or fences not exceeding eight feet in height are permitted in side yards, rear yards and non-required front yards.

C. Mixed Use Districts. Fences are permitted in the mixed use districts as follows:

1. Front Yards. Decorative fences not exceeding three feet in height are allowed within the front yard (except as provided in subsection (C)(3) of this section).

2. Rear and Side Yards. Walls or fences up to six feet in height are permitted in side and rear yards. All fences in mixed use districts shall be decorative in nature, and barbed wire and other hazardous materials are prohibited.

3. Building Facade Wall Plane. Maximum height for fences between the building wall plane and the street is six feet.

D. General Requirements. All fences shall comply with the following general requirements:

1. Materials.

a. In and Near Residential Districts. Materials used for fences and walls located within 200 feet of a residential district shall consist of wood, brick, masonry, wire mesh, metal bars not exceeding one and one-half inches in diameter or other durable and weather-resistant materials which may be approved by the building official.

b. Screening Walls. Any wall used for screening purposes shall be constructed of masonry material (e.g., brick, decorative stone) that is architecturally compatible with the materials used on the facade of the principal structure on the site. Concrete block may only be used for screening walls in the rear yard.

2. Maintenance. Walls and fences shall be maintained in good condition. Rotten, crumbled, or broken components shall be replaced, repaired, or removed. As required, surfaces shall be painted, stained, or similarly treated so as to prolong the life of the structure.

3. Prohibited Obstructions.

a. Clear Vision Area. Fences shall not be erected within the public right-of-way or in any corner clear vision area as described in Section 2.303.

b. Obstruction of Adjacent Uses Prohibited. No wall or fence may be erected where it would prevent or unreasonably obstruct the use of any adjacent parcel, nor shall a wall or fence be erected where it would prevent or unreasonably obstruct the safe use of an existing driveway or other means of access to any adjacent parcel. In enforcing this provision, the City may require a wall or fence to be set back a minimum distance from a driveway or property line.

4. Orientation of finished side. Where a fence has a single finished or decorative side, it shall be oriented to face outward towards adjacent parcels or street rights-of-way (away from the interior of the lot to which the fence is associated).

5. Site drainage and utilities. Fences shall not be erected in a manner that obstructs the free flow of surface water or causes damage to underground utilities.

6. Location. Fences shall be located completely within the boundaries of the lot to which they are associated, or on a common property line with the written and notarized consent of adjacent property owners.

7. Removal of illegal or damaged fences. Damaged or illegal fences shall be immediately repaired or removed by the property owner. Upon identification of a damaged or illegal fence, the building official shall order the property owner to remove such fences or make necessary repairs within 20 days.

If the property owner fails to take such actions within 20 days, the City may act to remove such fences at the expense of the property owner. The City may then place a lien on the property, adding necessary removal expenses to the tax bill for the property.

E. Temporary Construction Fencing. Temporary fencing shall be installed on all residential and nonresidential construction sites to ensure security, public safety and mitigate noise and/or dust in accordance with the following:

1. General Provisions.

a. Temporary construction fencing shall be installed at the start of any site grading, excavation or building construction, renovation or demolition and be maintained and shall be removed before issuance of a certificate of occupancy from the Building and Safety Department.

b. All construction fencing shall be constructed in a sound and sturdy manner and shall be maintained in a good state of repair, including the replacement of defective parts, and other acts required for maintenance.

c. Temporary construction fencing shall not be permanently attached to the ground or attached to any other structure or material that is itself permanently attached to the ground.

d. All temporary construction fencing to be secured with metal posts spaced eight feet on-center.

e. Temporary construction fencing to be erected in the public right-of-way or driveway clear vision area shall be subject to the approval of DPW Director, City Engineer or designee.

f. Temporary construction fencing shall not enclose a fire hydrant.

2. Nonresidential Construction Sites.

a. Permitted Materials:

i. Six-foot chain link fence with fabric and/or vinyl screen is permitted.

ii. Temporary construction fencing shall be installed on all property lines of the construction site property/parcel with the approval of the Building Official or designee.

iii. Access opening(s) in the temporary construction fencing shall be protected by gates with chain link fence.

iv. Screening made of fabric and/or vinyl must be attached to chain link on the outside of the temporary construction fence.

b. Prohibited Materials:

i. Plywood, metal sheets, or similar materials are not permitted.

3. Residential Construction Sites.

a. Permitted Materials:

i. Four-foot snow fencing is permitted.

ii. Temporary construction fencing at a residential construction site shall be limited to the area of construction, renovation and/or demolition area on the site. If the area exceeds 60 percent of the total parcel/property area, temporary construction fencing shall be located on all property lines of the construction site parcel/property.

b. Prohibited Materials:

i. Plywood, metal sheets, or similar materials are not permitted.

4. Temporary Construction Fencing Signs.

a. A temporary construction sign shall be installed in conformance to the Zoning Ordinance and Section 5.106, Temporary Signs. The provisions of this section shall precede over conflicting subsequent sections.

b. Emergency access signs, access and safety signs, and visitor check-in signs may be attached to the fencing only on both sides of an entrance for a distance of ten feet, or at locations required by the Building Official or designee.

c. Location of traffic control signs attached to temporary construction fencing shall be subject to the approval of DPW Director, City Engineer or designee.

(Ord. No. 2291, § 1(G), 6-27-13; Ord. No. 2371, 9-24-19)

4.104 Donation Boxes.

A. Intent and Definitions.

1. This section is intended to be a regulatory ordinance in the public’s health, safety and welfare for the protection of all citizens who use donation boxes. The intent of this section is to impose restrictions and conditions on all donation boxes in the City so that they are, and remain, clean, safe and do not create hazards to pedestrians and to vehicular traffic. This ordinance codified in this section is passed under the City’s regulatory authority pursuant to MCLA 117.4 et seq., and the Pontiac City Charter.

2. Definitions.

a. Donation box means any metal container, receptacle, or similar device that is located on any parcel or lot of record within the City and that is used for soliciting and collecting the receipt of clothing, household items, or other salvageable personal property. This term does not include recycle bins for the collection of recyclable material, any rubbish or garbage receptacle or any collection box located within an enclosed building.

b. Operator means a person who owns, operates or otherwise is in control of donation boxes to solicit collections of salvageable personal property.

c. Permittee means a person over 18 years of age or an entity who is issued a permit authorizing placement of donation box(es) on real property.

d. Property owner means the person who is an owner of real property where the donation box(es) are located.

e. Real property, property or land means a lot of record located in the City of Pontiac.

B. Donation Box Permit. No later than 30 days from the effective date of the ordinance codified in this section, no person shall place, operate, maintain or allow any donation box on any real property without first obtaining an annual permit issued by the Department of Building and Safety (“Department”), to locate a donation box.

C. Application for a Permit.

1. Any person desiring to secure a permit shall make an application to the Department of Building and Safety.

2. A permit shall be obtained for each donation box(es) proposed. Combining fees for donation box(es) located on a lot of record may be addressed in the fee resolution.

3. The application for a permit shall be upon a form provided by the Department and be signed by an individual who is an officer, director, member or manager of an entity applicant. The applicant shall furnish the following information:

a. Name, address and email of all partners or limited partners of a partnership applicant, all members of an LLC applicant, all officers and directors of a non-publicly traded corporation applicant, all stockholders owning more than five percent of the stock of a non-publicly traded corporate applicant, and any other person who is financially interested directly in the ownership or operation of the business, including all aliases.

b. Date of birth of individuals and date of establishment of an entity or the birth date of an individual applicant.

c. Whether the applicant has previously received a permit for a donation box in the City or operates a donation box or similar type receptacle without a permit in the City.

d. The name, address, email and telephone number of a contact person for all matters relating to a donation box located in the City.

e. The physical address of the real property where the donation box is proposed to be located.

f. A scaled drawing sufficient to illustrate the proposed location of the donation box on the real property, the dimensions of the proposed donation box and that the location complies with all code requirements.

g. If not the owner of the real property, an affidavit from the property owner providing written permission to place the donation box(es) on the property, as well as an acknowledgment from the property owner of receipt of a copy of this section, shall be provided on a form provided by the Director. For purposes of this subsection, the affidavit and acknowledgment may be executed by an individual who is an officer, director, member or manager of an entity owning the property.

h. A nonrefundable fee in an amount established by resolution of City Council.

i. A payment in the amount of $500.00 which shall be held in escrow to ensure compliance with this section.

j. Proof of general liability insurance no less than $1,000,000 per occurrence.

4. Waiver of Permit Fee.

a. The City will waive the permit fee if the applicant can provide the following:

i. Documentation showing that the organization is a registered 501(c)(3) charitable organization as defined by the Internal Revenue Service.

ii. Proof of ownership of both the proposed donation box(es) and the real property on which the donation box is proposed to be located, as well as documentation showing that the charitable organization intends to utilize the items donated to benefit the charitable purpose for which the organization was organized. Proof of ownership of the real property must be in the form of a property deed recorded with the Oakland County Register of Deeds. Proof of ownership of the donation box can come in the form of an affidavit executed by the owner of the donation box. Similarly, documentation of intent can come in the form of an affidavit executed by the owner of the donation box and real property.

b. The intent of this waiver provision is to encourage charitable donations to charitable organizations located within the City of Pontiac which regularly maintain their property and contribute to the health, safety, and welfare of the residents of the City.

5. Within ten days of receiving an application for a permit, the Director shall notify the applicant whether the permit is granted or denied. If the Director denies an application, the Director shall state in writing the specific reasons for denial.

6. No person to whom a permit has been issued shall transfer, assign, or convey such permit to another person or legal entity.

7. A person shall be issued a permit by the Director if the requirements of this section are satisfied.

D. Requirements for a Permit.

1. A permittee shall operate and maintain, or cause to be operated and maintained, all donation boxes located in the City for which the permittee has been granted a permit as follows:

a. Donation boxes shall be metal and be maintained in good condition and appearance with no structural damage, holes or visible rust and shall be free of graffiti.

b. Donation boxes shall be locked or otherwise secured in such a manner that the contents cannot be accessed by anyone other than those responsible for the retrieval of the contents.

c. Donation boxes shall have, at minimum, in one-half-inch type visible from the front of each donation box, the name, address, email, website and phone number of the operator, as well as whether the donation box is owned and operated by a for-profit company or a not-for-profit company. The donation box shall not have information, advertising or logos other than those relating to the operator.

d. Donation boxes shall be serviced and emptied as needed, but at least every 30 days.

e. The permittee and property owner shall maintain, or cause to be maintained, the area surrounding the donation boxes free from any junk, debris or other material. The property owner shall be responsible to the extent provided by law for the City’s cost to abate any nuisance, in accordance with the City Code.

f. Donation boxes shall:

i. Not be permitted on any land used for residential purposes;

ii. Not be permitted on any unimproved parcel, nor where the principal use of the land has been closed or unoccupied for more than 30 days;

iii. Not be less than 1,000 feet from another donation box as measured along a straight line from one box to the other. Notwithstanding this separation requirement, up to two donation boxes on a single lot of record are permitted if the two donation boxes are side by side and are no more than one foot apart;

iv. Not exceed seven feet in height, six feet in width and six feet in depth;

v. Not cause a visual obstruction to vehicular or pedestrian traffic;

vi. Not be placed closer than ten feet from: (A) a public or private sidewalk; (B) a public right-of-way; (C) a driveway; or (D) a side or rear property line of adjacent property used for residential purposes;

vii. Not be placed within any public easement;

viii. Not cause safety hazards with regard to a designated fire lane or building exit;

ix. Not: (A) interfere with an access drive, off-street parking lot maneuvering lane and/or required off-street parking space to an extent which would cause safety hazards and/or unnecessary inconvenience to vehicular or pedestrian traffic; or (B) encroach upon an access drive, off-street parking lot maneuvering lane and/or required off-street parking space; and

x. Be placed on a level, hard (asphalt or concrete) paved, dust-free surface;

xi. Shall have adequate screening to shield the same from neighboring properties.

E. Term of Permit and Renewal of Permit.

1. The permit year shall begin on January 1 in each year and shall terminate on December 31 of the same calendar year. An annual permit issued between December 1 and December 31 of any year shall expire on December 31 of the calendar year next following issuance thereof. For year 2023 only, the annual permit fee shall be prorated.

2. A donation box permit shall be renewed annually. The application for renewal must be filed not later than 30 days before the permit expires. The application for renewal shall be upon a form provided by the Director.

3. The Director shall either approve or deny the renewal of a permit within ten days of receipt of the complete renewal application and payment of the renewal fee. Failure of the Director to act before expiration of the permit shall constitute approval of the renewal of the permit.

4. A permit renewal fee set by resolution of the City Council shall be submitted with the application for renewal.

5. Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the Director in writing of the intent to cancel the permit. The permit shall become void upon the Director’s receipt of a written notice of intent to cancel the permit.

6. The Director shall approve the renewal of a permit if the Director finds that no circumstances existed during the term of the permit which would cause a violation to exist, and that at the time of submission of the application for renewal, or at any time during the renewal of the application for renewal, there were not circumstances inconsistent with any finding required for approval of a new permit. Any permittee whose permit has been revoked shall be denied renewal of the permit for the subsequent calendar year.

7. If the permit expires and is not renewed, the donation box(es) must be removed from the real property within a maximum of ten days after expiration of the permit.

F. Revocation of Permit, Removal of Donation Boxes and Liability.

1. The Director shall have the right to revoke any permit issued hereunder for a violation of this section. Any of the grounds upon which the Director may refuse to issue an initial permit shall also constitute grounds for such revocation. In addition, the failure of the permittee to comply with the provisions of this section or other provisions of this code or other law shall also constitute grounds for revocation of the permit. The Director shall provide a written notification to the permittee and property owner stating the specific grounds for a revocation and a demand for correction and abatement. The notice shall allow a maximum of ten days from mailing of the notice to correct or abate the violation. Upon failure to make the correction or abatement, the permit shall be revoked by the Director and, thereafter, the permittee shall not be eligible for a permit on the property for the subsequent calendar year.

2. Upon revocation, the donation box shall be removed from the real property within ten days and, if not so removed within the time period, the City may remove, store or dispose of the donation box at the expense of the permittee and/or real property owner, the cost of which shall be paid from the escrow fee secured at the time of the permit application. All costs exceeding the escrow fee associated with the removal of the donation box incurred by the City, or the City’s contractor, shall be the responsibility of the property owner. If such obligation is not paid within 30 days after mailing of a billing of costs to the property owner, the City may place a lien upon such real property enforceable as a tax lien in the manner prescribed by the general laws of this state against the property and collected as in the case of general property tax. If the same is not paid prior to the preparation of the next assessment roll of the City, the amount shall be assessed as a special tax against such premises on the next assessment roll and collected thereunder.

3. A permit for a donation box may be revoked if any governmental authority or agency determines that the donation box has violated the Michigan Consumer Protection Act and/or the Charitable Organizations and Solicitations Act.

G. Appeal to Planning Commission. Any person aggrieved by the decision rendered by the Director in granting or denying an application for a permit under this section or in revoking a permit issued under this section may appeal the decision to the Planning Commission. The appeal shall be made by filing a written notice thereof with the Department of Community Development setting forth the grounds for the appeal not later than ten days after receiving notice of the decision of the Director. The Planning Commission may grant relief if the applicant presents clear and convincing evidence that there was an error in the decision of the Director.

H. Penalty and Remedies.

1. In addition to revocation of permit pursuant to subsection F of this section, any person violating the provisions of this section is guilty of a civil infraction.

2. In addition to the penalty provided in subsection (H)(1) of this section, any condition caused or permitted to exist in violation of the provisions of this section, or any ordinance, shall be deemed a new and separate offense for each day that such condition continues to exist.

3. Nothing in this section shall prevent the City from pursuing any other remedy provided by law in conjunction with or in lieu of prosecuting persons under this subsection for violation of this section.

4. The real property owner and permittee shall be jointly and severally liable for each violation and for payment of any fine and costs of abatement.

5. No fines shall be imposed for a violation of this section until 90 days after its effective date. All donation boxes existing at the effective date of the ordinance codified in this section shall apply for a permit as required herein within 30 days of the effective date. Any donation boxes not in compliance with this section after 90 days of the effective date of the ordinance codified in this section shall be subject to all remedies for violation as provided herein.

I. Repeal. All ordinance or parts of ordinances in conflict herewith are repealed only to the extent necessary to give this section full force and effect.

(Ord. No. 2409, 5-2-23)

4.105 PODs.

A. Intent and Definitions.

1. The PODs ordinance is intended to be a regulatory ordinance in the public’s health, safety and welfare for the protection of all citizens who use donation boxes. The intent of this section is to restrict the use of PODs in the City as they are unsafe, unsanitary and create hazards to pedestrians and to vehicular traffic. The ordinance codified in this section is passed under the City’s regulatory authority pursuant to MCLA 117.4 et seq., and the Pontiac City Charter.

2. “PODs” are defined as portable containers that are placed on a property for the purpose of storing, loading, and/or unloading furniture, clothing, or other personal or household belongings other than donation boxes as defined in Section 4.104.

B. Permitted Usage. The use of PODs for storage is prohibited within the City of Pontiac for any period longer than 30 days in a 12-month period. In the event a resident would like to utilize a POD for storage, they must submit an application on a prescribed form to the City Planner’s office to notify the City of the intended use of a POD for a period of no longer than 30 days prior to the installation of the POD. This application must be signed by a member of the Planning Division before installation of the POD. This first 30-day period shall begin upon the installation of the POD by the resident. Residents are entitled to seek a maximum of two extensions from the initial 30-day approval. In order to seek an extension of the initial approval, a resident must provide proof of an open building permit to substantiate the need for additional storage due to an ongoing construction project. In no circumstances can any resident utilize a POD for a period longer than 90 days in one 12-month period.

C. Penalty and Remedies.

1. Any person violating the provisions of this section is guilty of a civil infraction.

2. In addition to the penalty provided in subsection (C)(1) of this section, any condition caused or permitted to exist in violation of the provisions of this section, or any ordinance, shall be deemed a new and separate offense for each day that such condition continues to exist.

4. Any PODs not in compliance with this section after 90 days of the effective date of the ordinance codified in this section shall be subject to all remedies for violation as provided herein.

D. Repeal. All ordinances or parts of ordinances in conflict herewith are repealed only to the extent necessary to give this section full force and effect.