The general provisions of this Article XVIII shall apply to all uses in all zoning districts within the Village.
On corner lots, at the intersection of public
or private roads and/or railroads, nothing shall be erected, placed
or allowed to grow in such a manner that impedes or obstructs vision
between a height of 30 inches and eight feet in an area bounded by
the existing or proposed street or railroad right-of-way lines (whichever
is greater) of such corner lots and a line joining points along said
right-of-way lines 25 feet from the point of intersection. In the
case of private driveways intersecting with public or private streets,
the clear vision triangle shall be measured along the edge of the
driveway if a right-of-way or easement does not exist. Otherwise it
shall be measured along existing or proposed street right-of-way lines,
whichever is greater.
 |
Nothing shall be erected, placed or allowed
to grow at the intersection of driveways or roads with any road in
such a manner that materially impedes or obstructs sight distance.
Sight distance specifications for new driveways shall be in conformance
with Macomb County Road Commission standards.
Accessory buildings and structures shall be
subject to the following regulations except as otherwise specified
in this chapter:
A.
Nonresidential districts (RO, GBD, GB, IO, LI, HI): All accessory structures in the nonresidential zoning districts shall conform with Article XVII, Schedule of District Regulations,[1] and shall require site plan review and approval in accordance with § 515-100, Site plan review. Accessory structures less than 500 square feet may be reviewed administratively by the Village Planner and Village Engineer.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
B.
Residential districts (SF, SF-1, SF-2, MF, MH):
(1)
Accessory buildings which are structurally attached
to a principal building shall conform with all regulations of this
chapter applicable to the principal building.
(2)
Detached accessory buildings which are accessory to
single-family residences shall comply with the following:
(a)
One detached accessory building is permitted on an individual lot or parcel. In addition, one attached or detached garage shall be permitted on an individual lot or parcel. For purposes of determining maximum allowable size of accessory buildings in Subsection B(2)(e) below, 600 square feet of the garage shall not be included in the calculations.
(b)
Detached accessory buildings shall not exceed
one story or 17 feet in height.
(c)
Detached accessory buildings shall be located
only in a side or rear yard and shall be located a minimum 10 feet
from any other building or structure and five feet from any lot line.
In no instance shall an accessory building be located within a dedicated
easement or right-of-way.
[Amended 6-12-2001 by Ord. No. 272]
(d)
When a detached accessory building is located on a corner lot, the minimum front yard setback required on the lot under Article XVII, Schedule of Regulations, shall be maintained for both the front yard and the street-side side yard.
(e)
Detached accessory buildings shall not exceed
66% of the gross floor area of the principal building up to a maximum
of 1,200 square feet and shall not occupy more than 30% of a rear
yard.
(3)
Accessory buildings used solely in an agricultural
or farm operation shall meet the criteria below:
(a)
Where an accessory building is utilized solely
for activities directly related to agriculture or farm operations
on the same parcel, the following shall apply:
|
Size of Parcel
(acres)
|
Number of Detached Accessory Agricultural
Buildings Permitted
|
Total Area of Accessory Building Permitted
(square feet)
|
Maximum Height of Agricultural Accessory
Buildings
(feet)
| |
|---|---|---|---|---|
|
Less than 5
|
2
|
2,400
|
25
| |
|
Greater than 5
|
2
|
3,600
|
25
|
(b)
No accessory agricultural building, regardless
of use, shall be located within 50 feet of a property line. In no
instance shall an accessory building be located within a dedicated
easement or right-of-way.
C.
Accessory buildings in any district shall only be
used for permitted uses or activities customarily incidental to the
permitted principal use(s) in the district.
D.
Accessory buildings which are structurally attached
to a principal building shall conform with all regulations of this
chapter applicable to the principal building.
E.
No accessory building shall be constructed prior to
construction of the principal building on the same lot or parcel,
except in accordance with one of the following:
(1)
For principal permitted uses that do not require structures,
an accessory building may be constructed following Village approval
of the principal use and issuance of required building permits.
(2)
For single-family residences, a permanent accessory
building may be erected in order to secure tools or materials for
the residence under construction after issuance of a building permit
for the residence and after installation, inspection and approval
of the foundation for the residence by the appropriate permitting
authority. Said accessory structure shall be designed and constructed
in accordance with all requirements of this section.
F.
All accessory structures shall be suitably anchored
to a foundation in accordance with the Building Code.
G.
All accessory buildings must be located on the same
lot as the principal structure to which it is accessory.
[Amended 6-12-2001 by Ord. No. 272]
A.
A building permit is required prior to installation of a swimming pool in conformance with § 515-199. All swimming pools must provide a four-foot-high fence enclosure with a locking gate either surrounding the property or pool area, sufficient to make the pool inaccessible to small children. All swimming pools must also comply with the Building Codes adopted by the Village.
In the SF, SF-1 and SF-2 Districts, there shall not be more than one principal residential dwelling on a recorded lot or parcel. (Accessory apartments may be permitted in conformance with § 515-123 when otherwise permitted in this chapter.) In these districts, every principal residential dwelling shall be on a recorded lot or parcel in conformance with this chapter and the Village of New Haven Land Division Ordinance.[1] In all other districts the number, location and size of principal structures shall be in conformance with Article XVII, Schedule of District Regulations, and subject to site plan review and approval in conformance with § 515-100.
In all districts, private radio and television
receiving antennas which are accessory to a permitted principal use
in the district are permitted subject to the following:
A.
No antenna shall exceed the height limit of the zoning
district in which it is located.
B.
There shall be not more than one radio antenna, one
standard television antenna, and one satellite dish antenna per residential
home site or principal residential building.
C.
Satellite dish receiving antennas may be permitted
subject to the following criteria:
(1)
Installations must comply with all accessory use requirements
for yard, bulk and setback requirements specified within the district.
(2)
Installation shall employ materials and colors that
blend with the surroundings.
(3)
No text, pictures, logos or advertising shall be displayed
on any surface of the satellite dish antenna.
(4)
Ground-mounted satellite dish antennas shall not exceed
an installed height of 17 feet. Roof-mounted satellite dish antennas
shall not exceed the height permitted for principal buildings in the
same district.
(5)
All ground-mounted satellite dish antennas shall be
screened from view between the ground level and six feet above grade
from any adjoining residential zoned property. The screening shall
consist of a decorative wall, fence, hedge, evergreen trees, or similar
solid vegetation. All antennas, supporting structures, and accessory
equipment shall be located and designed so as to minimize the visual
impact on surrounding properties and from public streets.
(6)
If one side of the fence provides a more finished
or decorative appearance than the other, then the more finished or
decorative side shall face outward from the lot.
[Added 6-12-2001 by Ord. No. 272]
D.
No antennas or supporting structure shall be located
within required front, rear or side setbacks.
E.
Radio receiving and/or transmitting antennas shall
be permitted to a maximum height of 70 feet from grade level for persons
holding a valid amateur radio station license issued by the Federal
Communications Commission or any successor agency.
All public or private roads, streets, alleys,
and railroad rights-of-way, if not otherwise specifically designated,
shall be deemed to be in the same zone as the property immediately
abutting upon such roads, streets, alleys or railroad rights-of-way.
Where the center line of a road, street or alley serves as a district
boundary, the zoning of such road, street or alley, unless otherwise
specifically designated, shall be deemed to be the same as that of
the abutting property up to such center line.
A.
Every use, building or structure shall be located
on a lot which has frontage for the minimum width of a lot required
in that district (where the lot is located on a cul-de-sac bulb, a
minimum frontage equal to 70% of the minimum lot width in the district
is permitted) on one of the following:
(1)
A public road.
(2)
An access easement of record to a public road, where
the access easement:
(a)
Is a minimum 66 feet wide;
(b)
Is part of a lot or parcel which meets all lot
area and width requirements of this chapter;
(c)
Is duly recorded and approved by the Village
as a part of the land division review process (as regulated by the
Village's Land Division Ordinance); and
(d)
Provides access to not more than two dwelling
units or not more than one principal use or structure other than a
dwelling unit.
B.
All structures and use areas shall be so located on
lots as to allow safe and convenient access for fire and police protection,
required off-street parking, and Village services.
No dwelling units are permitted in the GBD,
GB, IO, LI and HI Districts with the following exceptions:
A.
Sleeping quarters of a night watchman or caretaker
may be permitted subject to the following:
All single-family dwellings shall comply with
the following:
A.
All such dwellings shall meet the current construction
standards of the State of Michigan and Village of New Haven prior
to being brought into or constructed in the Village and prior to issuance
of a building permit. The minimum acceptable standard for factory-built
homes shall be the Department of Housing and Urban Development's Mobile
Home Construction and Safety Standards, as from time to time such
standards may be amended.
B.
All such dwellings shall meet the minimum floor area
requirements of this chapter for the district in which they are located.
Any addition to a dwelling unit shall be designed and constructed
with similar workmanship and materials complementary to the original
and shall be permanently attached to the principal structure in compliance
with applicable building codes.
C.
All such dwelling units shall be firmly attached to
a permanent foundation constructed on the site in conformance with
applicable building codes and shall have a wall of the same perimeter
dimensions as the dwelling and constructed of such materials and type
as required in the applicable single-family building code. Factory-built
homes shall be installed pursuant to the manufacturer's setup instructions
and applicable building codes and shall be installed on a permanent
foundation in conformance with Michigan Mobile Home Commission rules
and regulations as well as applicable building codes.
D.
All wheels, axles and towing apparatus must be removed
from a factory-built or manufactured home prior to issuance of a certificate
of occupancy.
E.
All dwellings shall be connected to a public sewer
and water system. If none is available, all such dwellings shall be
connected to septic and well systems approved by the County Health
Department.
F.
All such dwellings shall be compatible in appearance
with other site-built homes in the Village. To this end, a roof with
a minimum pitch of 3 to 12 shall be required with overhangs or eaves
of at least six inches. There shall be at least two exterior doors,
on different sides of the dwelling, with access to both doors by means
of exterior steps or porches, where a difference in elevation or grade
requires same.
G.
All such dwellings shall have a minimum width on all
sides of at least 24 feet. This provision does not apply to additions
to existing dwellings which otherwise meet these single-family dwelling
standards.
H.
All such dwellings shall contain a minimum storage
area in a basement, attic, closets or in a separate accessory structure
equal to 10% of the square footage of the dwelling.
I.
These standards shall not apply to a manufactured
homes located in a licensed manufactured housing park, except to the
extent required by state or federal law.
All buildings shall be located at such an elevation
that a sloping grade shall be maintained to cause the flow of surface
water to run away from the walls of the building. Yards shall be graded
to prevent the accumulation of surface water on the property and not
increase the natural flow or runoff of surface water onto adjacent
properties.
All plats for new subdivisions shall conform
with the Village of New Haven Subdivision Regulations,[1] all other applicable Village ordinances, and with all
applicable laws of the State of Michigan.
A.
Purpose: dispersal of adult entertainment uses. The
Village of New Haven recognizes that there are some uses which, because
of their very nature, have serious objectionable operational characteristics,
particularly when such uses are concentrated under certain circumstances,
or when one or more of them are located in near proximity to a residential
zone, thereby having a deleterious effect upon the adjacent areas.
Special regulation of these uses is necessary to ensure that these
adverse effects will not contribute to the blighting or downgrading
of the community or surrounding neighborhood. These special regulations
itemized in this section are to prevent a concentration of these uses
within any one area or to prevent deterioration or blighting of a
nearby residential neighborhood. These controls do not legitimize
activities which are prohibited in other sections of this chapter,
or any other Village ordinances.
B.
ADULT ENTERTAINMENT USE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any use of land, whether vacant or combined with structures
or vehicles thereon, by which said property is devoted to displaying
or exhibiting material for entertainment, a significant portion of
which includes matter, actions depicting, describing or presenting
specified sexual activities or specified anatomical areas. Adult entertainment
uses shall include but not be limited to the following:
(1)
ADULT MOTION-PICTURE THEATER — An enclosed building
used for presenting material which is depicting or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
(2)
ADULT MOTION-PICTURE ARCADE — Any place to which
the public is permitted or invited wherein coin- or slug-operated
or electronically or mechanically controlled still or motion-picture
machines, projectors or other image-producing devices are maintained
to show images to five or fewer persons per machine at any one time,
and where a significant portion of images so displayed depict, describe
or relate to specified sexual activities or specified anatomical areas.
(3)
ADULT BATHHOUSE — An establishment or business
that provides the services of baths of all kinds, including forms
of hydrotherapy, unless operated by a medical practitioner or professional
therapist licensed by the State of Michigan.
(4)
ADULT BOOKSTORE — A use which has a display
containing books, magazines, periodicals, slides, pictures, cassettes
or other printed or recorded material which has as a significant portion
of its content or exhibit matter actions depicting, describing or
relating to specified sexual activities or specified anatomical areas
or an establishment with a (substantial) segment or section devoted
to the sale or display of such material.
(5)
ADULT CABARET — A nightclub, theater or other
establishment which features live performances by topless and/or bottomless
dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers,
where a significant portion of such performances show, depict or describe
specified sexual activities or specified anatomical areas.
(6)
ADULT MOTEL — A motel wherein, for any form
of consideration or gratuity, a significant portion of the facility
is provided as a place where three or more persons, not all members
of the same family, may congregate, assemble or associate for the
purpose of engaging in specified sexual activities or exposing specified
anatomical areas.
(7)
ADULT MASSAGE PARLOR — Any place where, for
any form of consideration or gratuity, massage, alcohol rub, administration
of fomentation, electric or magnetic treatment or any other treatment
or manipulation of the human body occurs as part of or in connection
with specified sexual activities or where any person providing such
treatment, manipulation or service related thereto exposes specified
anatomical areas.
(8)
ADULT MODEL STUDIO — Any place where, for any
form of consideration or gratuity, figure models who display specified
anatomical areas are provided to be observed, sketched, drawn, painted,
sculptured, photographed, or similarly depicted by persons paying
such considerations or gratuities, except that this provision shall
not apply to any bona fide art school or similar educational institution.
(9)
ADULT SEXUAL ENCOUNTER CENTER — Any business,
agency, or person who, for any form of consideration or gratuity,
provides a place where three or more persons, not all members of the
same family, may congregate, assemble or associate for the purpose
of engaging in specified sexual activities or exposing specified anatomical
areas.
(10)
DISPLAY
REGULATED USES
SIGNIFICANT PORTION
(a)
(b)
(c)
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
ADULT VIDEO STORE — An establishment having
as a substantial or significant portion of its stock-in-trade for
sale or rental, video, movies, tapes or any other material of such
nature, which are distinguished by their emphasis on matter depicting,
describing, or relating to specified sexual activities or specified
anatomical areas, as defined in this chapter, or an establishment
with a segment or section devoted to sale, rental or display of such
material.
As used in the above definitions, the word "display" shall
mean any single motion or still picture, presentation, dance or exhibition,
live act or collection of visual materials, such as books, films,
slides, periodicals, pictures, videocassettes or any other printed
or recorded matter which is open to view or available to the general
population whether for free or otherwise.
Those uses and activities which require licenses, approval
or permits by Village regulations.
As used in the above definitions, the phrase "significant
portion" shall mean and include:
Any one or more portions of the display having
continuous duration in excess of five minutes;
The aggregate of portions of the display having
a duration equal to 10% or more of the display; and/or
The aggregate of portions of the collection
of any materials or exhibits composing the display equal to 10% or
more of the display.
C.
Dispersal regulations.
(1)
Limitations on location.
(a)
No adult entertainment use shall be located
within 1,000 feet of any other adult entertainment use nor within
500 feet of any of the following uses:
[1]
Any Class C establishment licensed by the Michigan
Liquor Control Commission.
[2]
Pool or billiard halls.
[3]
Arcades.
[4]
Banquet halls.
[5]
Ice- or roller-skating rinks.
[6]
Pawnshops.
[7]
Indoor or drive-in movie theaters.
[8]
Any public park.
[9]
Any church.
[10]
Any public or private school having
a curriculum including preschools, kindergarten or any one or more
of the grades one through 12.
[11]
Any other regulated adult entertainment
uses as defined herein.
(b)
Such distance shall be measured from all the
property lines of the subject parcel to all the property lines of
any of the above listed uses.
(2)
Prohibited zone. No adult entertainment use shall
be located within 500 feet of any area residentially zoned. Such distance
shall be measured by a straight line from all the property lines of
the subject parcel to all the boundary lines of all areas zoned residential.
(3)
Acceptable zones. Adult entertainment uses shall be
located in the GB General Business Zoning District only.
(4)
Freestanding building required. All adult entertainment
uses shall be contained in a freestanding building. Commercial strip
stores, common wall structures and multi-uses within the same structure
do not constitute a freestanding building.
(5)
Display content. No adult use shall be conducted in
any manner that permits the observation of any material depicting,
describing or relating to specified sexual activities or specified
anatomical areas from any public way or from any property not regulated
as an Adult Entertainment Use. This provision shall apply to any display,
decoration, sign, window or other opening.
It shall be unlawful to carry on or permit to
be carried on any activity or operation or use of any land, building
or equipment that produces irritants to the sensory perceptions or
other physical results greater than the measures herein established,
which are hereby determined to be the maximum permissible hazards
to humans or human activities. Such measures may be supplemented by
other measures which are duly determined to be maximum permissible
hazards to human activity.
A.
Noise. No operation or activity shall cause or create
noise that exceeds the sound levels prescribed below, using an A-weighted
decibel scale dB(A), when measured at the lot line of any adjoining
use, based upon the following maximum allowable levels for each use
district:
|
Zoning of Adjoining Land Use
|
Maximum Allowable Noise Level Measured
in dB(A)
| ||
|---|---|---|---|
|
From 6:00 a.m. to 9:00 p.m.
|
From 9:00 p.m. to 6:00 a.m.
| ||
|
SF, SF-1, SF-2, MH (single-family residential)
|
60
|
55
| |
|
MF (multiple-family residential)
|
65
|
60
| |
|
RO, GBD, GB (commercial)
|
70
|
65
| |
|
IO, LI, HI (industrial)
|
80
|
70
| |
B.
Vibration. All machinery shall be so mounted and operated
as to prevent transmission of ground vibration exceeding a displacement
of 3/1,000 of one inch measured at any lot line of its source, or
ground vibration which can be readily perceived by a person standing
at any such lot line. No stamping machine, punchpress, press break,
or similar machines shall be located closer than 300 feet to a residential
district without written certification by the Administrative Official
that a nuisance is not thereby caused to the residential district.
C.
Odor. The emission of noxious, odorous matter in such
quantities as to be readily detectable at any point along lot lines
or to produce a public nuisance or hazard beyond lot lines is prohibited.
D.
Gases. The escape or emission of any gas which is
injurious, destructive or explosive is prohibited. In addition, in
accordance with Rule 901 of the Michigan Department of Environmental
Quality, Air Quality Division, no escape or emission of any gas shall
unreasonably interfere with the comfortable enjoyment of life and
property.
E.
Glare and heat. Any operation producing intense glare
or heat shall be performed within an enclosure so as to completely
obscure and shield such operation from direct view from any point
along the lot line, except as necessary for construction purposes
during the period of construction.
F.
Open storage and waste disposal.
(1)
Open storage of any industrial or commercial equipment, vehicles (except vehicles for sale and/or display), and all materials including wastes shall be screened from public view from a public street by an obscuring screen wall or fence as specified in § 515-91. In no case shall open storage be permitted within a required front yard in any zoning district.
(2)
No materials or waste shall be placed upon a parcel
in a manner that they may be blown, washed or transferred off the
parcel by natural causes.
(3)
All materials that may cause fumes or dust, that constitute
a fire hazard, or may be edible by or otherwise be attractive to rodents
or insects shall be stored outdoors only in closed containers.
G.
Site lighting.
(1)
No use shall be conducted in a manner that has illumination
that produces glare or directs illumination across a property line
of an intensity that creates a nuisance or detracts from the use or
enjoyment of adjacent property. Site lighting shall be installed so
that the surface of the source of light shall not be visible from
any property line.
(2)
In no case shall more than one footcandle power of
light cross a lot line five feet above the grade in a district that
allows residential uses.
(3)
All wall-mounted lighting for the exterior of buildings
shall have hooded or similar cutoff fixtures that do not allow illumination
above the horizontal plane parallel to the ground elevation. Exterior
lighting for gas station canopies shall have fixtures with flat lenses
or lenses that project no more than 3/4 inch from the shielded portion
of the fixture. All parking lot lights mounted on poles shall have
nonadjustable, shoebox or similar cutoff fixtures that do not allow
illumination above the horizontal plane parallel to the ground elevation.
H.
Smoke, dust and other particulate matter.
(1)
For purposes of this section, "smoke" is any visible
emission into the open air from any source, except emissions of an
uncontaminated water vapor. A "smoke unit" is a measure of the quantity
of smoke being discharged and is the number obtained by multiplying
the smoke density in the smoke chart by the time of emission in minutes.
Thus, the emission of smoke at a density of smoke chart No. 1 for
one minute equals one smoke unit. The Ringelmann Smoke Chart shall
be the standard smoke chart and shall be on file with the Administrative
Official.
(2)
The density of smoke emission shall not exceed smoke
chart No. 2, and the quantity of smoke shall not exceed 10 smoke units
per hour per stack.
I.
Fire and explosive hazards. The storage and handling
of flammable liquids, liquefied petroleum, gases and explosives shall
comply with the Rules and Regulations of the State of Michigan.
J.
Nuclear radiation. Nuclear radiation shall not be
emitted to exceed quantities established as safe by the U.S. Nuclear
Regulatory Commission.
K.
Water supply and sewage disposal. Every building used
or intended to be used for human habitation or human occupancy, including
but not limited to dwellings, industrial, commercial, office and institutional
uses, shall be furnished with water supply and sewage disposal as
provided for in the Building Code. Accessory buildings, such as garages
or storage buildings, intended and used for incidental or no human
occupancy are excluded from this requirement, except that if water
supply and/or sewage disposal is required and/or furnished to such
building, it shall comply with the standards of the Building Code.
Screening and landscaping in all zoning districts,
where required, shall adhere to the following minimum standards.
A.
General provisions. In all zoning districts the following
minimum standards apply:
(1)
All required landscaping shall be continuously maintained
in a healthy, growing condition.
(2)
All required landscaped areas shall be covered with
grass, living or natural ground cover, wood chips, mulch or a combination
of the above.
(3)
Plastic or other nonorganic plant materials are prohibited.
(4)
All required landscape areas in excess of 200 square
feet shall be irrigated to assist in maintaining a healthy condition
for all landscape plantings and lawn areas. All site plans shall note
installation of required irrigation. The Planning Commission may modify
this requirement due to unique circumstances or practical difficulties.
(5)
All required landscape plantings which are diseased
or dead must be replaced in conformance with the approved landscape
plan.
(6)
All required landscape areas and screen walls which
abut vehicular drives, parking or other use areas shall be separated
from the vehicular use area with a six-inch minimum curb of concrete
or asphalt construction.
(7)
The Planning Commission may permit the reduction of
required landscaping when, based on the review of a landscape plan
and other relevant information, the proposed development includes
the preservation of existing trees and vegetation sufficient to provide
the required screening.
B.
Screening and landscaping standards.
(1)
The table below provides the standards for various
types of screening and landscaping required in this chapter:
|
Type of Screening or Buffer
|
Height
|
Width
|
Planting Requirements
| |
|---|---|---|---|---|
|
Extensive landform buffer
|
8-foot berm with a 2-foot crown and maximum
3:1 slope
|
50 feet
|
1 large deciduous or evergreen tree and 4 shrubs
for every 30 linear feet
| |
|
Landform buffer
|
3-foot berm with a 2-foot crown and maximum
3:1 slope
|
20 feet
|
1 large deciduous or evergreen tree and 4 shrubs
for every 30 linear feet
| |
|
Buffer strip
|
5-foot visual barrier
|
20 feet
|
1 large deciduous or evergreen tree and 4 shrubs
for every 15 linear feet
| |
|
Screen wall2
|
6-foot (8-foot for HI District)
|
8 inches of brick, or decorative concrete
|
5-foot greenbelt adjacent to screen wall for
its entire length
| |
|
Greenbelt1
|
n/a
|
20 feet
|
1 large deciduous or evergreen tree and 4 shrubs
for every 30 linear feet
|
|
NOTES:
| ||
|---|---|---|
|
1
|
Greenbelts required adjacent to road rights-of-way
may be substituted with a masonry screen wall, 30 inches in height,
when approved by the Planning Commission. A five-foot greenbelt adjacent
to the screen wall must be provided.
| |
|
2
| ||
C.
Required minimum screening and landscaping.
(1)
The Table of Required Minimum Screening and Landscaping
specifies the minimum required screening and landscaping between a
subject parcel and adjacent properties.[1]
[1]
Editor's Note: The Table of Required Minimum Screening and Landscaping is included at the end of this chapter.
(2)
The Planning Commission may permit a combination of
a required landform buffer, buffer strip, screen wall, or greenbelt
upon finding, based on its review of a landscape plan, that the combined
landscaping and/or screening will achieve the same effect as otherwise
required.
(3)
The Planning Commission may permit a reduction of
screening between single-family residential and nonresidential or
multiple-family districts or uses when separated by a road right-of-way.
(4)
The Planning Commission may modify the screening requirements
where, in unusual circumstances, no good purpose would be served by
compliance with the standards.
|
EXTENSIVE LANDFORM BUFFER
 |
|
LANDFORM BUFFER
 |
|
BUFFER STRIP
 |
|
GREENBELT
 |
|
SCREEN WALL
 |
D.
Interior landscaping. For every new development that requires site plan review, except site condominiums as regulated in § 515-97, interior landscaping areas shall be provided equal to at least 5% of the total lot area. These landscaped areas may be grouped near building entrances, building foundations, pedestrian walkways, service areas or adjacent to fences, walls or rights-of-way. All interior landscaping shall provide one large deciduous, small ornamental deciduous or evergreen tree and two shrubs for every 400 square feet of required interior landscaping area.
E.
Parking lot landscaping. Within every parking area
containing 10 or more spaces there shall be parking lot landscaping
in accordance with this subsection. These landscaping areas shall
be located so as to better define parking spaces and drives. All required
parking lot landscaping shall conform with the following:
(1)
Any off-street parking areas containing 10 or more
parking spaces shall have parking lot landscaping according to the
following schedule:
|
Use
|
Square Feet of Required Parking Lot Landscaping
Per Parking Space
| |
|---|---|---|
|
Commercial/office
|
20
| |
|
Residential (multiple)
|
15
| |
|
Industrial
|
10
|
(2)
All required parking lot landscaping shall be designed
to conform with the following requirements, subject to Planning Commission
approval:
F.
Minimum plant size. All required plant materials shall
have the following minimum sizes at the time of installation:
|
Plant Material
|
Minimum Size at Installation
| |
|
Large deciduous canopy tree:
|
2 1/2-inch caliper
| |
|
Small deciduous ornamental tree:
|
1 1/2-inch caliper
| |
|
Evergreen tree:
|
4 feet
| |
|
Shrubs:
|
24-inch height or spread
|
G.
Suggested trees and shrubs for parking lot landscaping:
|
London planetree
|
Snowdrift crabapple
|
Sweetgum
| |
|
Linden trees
|
Honey Locust
|
Marshall's green ash
| |
|
Junipers
|
Dwarf pear
|
H.
Suggested trees and shrubs for greenbelt areas and
interior landscape areas:
|
Amur maple
|
Sweetgum
|
European hornbean
| |
|
Hawthorns
|
Border privet
|
Little leaf linden
| |
|
White ash (seedless)
|
Junipers
|
Buckhorn
| |
|
Honey locust
|
Serbian spruce
|
Gingko (male only)
| |
|
Scotch pine
|
Euonymus
|
Eastern ninebark
| |
|
Mugo pine
|
Smoke tree
|
Cottoneaster
| |
|
Beauty bush
|
Hedge maple
|
Dwarf Callery pear
| |
|
Snowdrift crabapple
|
Bayberry
|
London planetree
|
I.
Plant material not permitted:
|
Box elder
|
Elm (American)
|
Poplar
| |
|
Soft maples
|
Tree of Heaven
|
Willow
| |
|
Cottonwood
|
Mulberry
|
Horse chestnut (nut bearing)
| |
|
Gingko (female)
|
Black locust
|
Honey locust (with thorns)
|
J.
Installation and maintenance of plant materials.
(1)
Required landscaping and screening shall be installed
within six months from the date of completion of the building or improvement.
A final certificate of occupancy shall be withheld until all required
landscaping and screening has been installed and approved. A temporary
certificate of occupancy may be issued in the interim.
(2)
All landscaped areas shall be provided with a readily
available and acceptable water supply.
(3)
Tree stakes, guy wires and tree wrap are to be removed
after one year.
(4)
Landscaped areas and plant materials shall be kept
free from refuse and debris. Plant materials, including lawns, shall
be maintained in a healthy growing condition, neat and orderly in
appearance. If any plant materials required by this chapter dies or
becomes diseased, they shall be replaced within 30 days of written
notice from the Village or within an extended time period as specified
in said notice.
K.
Trash receptacle, transformer, and mechanical equipment
screening
(1)
Dumpsters and trash storage enclosures. All areas
used for the storage of trash and other waste products shall be completely
screened from view. The following standards shall apply to all such
trash enclosures:
(a)
Enclosure shall be constructed of similar masonry
or wood exterior materials as the buildings to which they are accessory.
(b)
Enclosures shall be at least six feet but not
more than eight feet high and shall obscure all wastes and/or containers
within. An obscuring wood gate shall be installed which forms a complete
visual barrier the same height as that of the other three sides.
(c)
No enclosures shall be permitted within a required
front yard or street-side side yard setback.
(d)
All dumpsters shall be located on a six-inch
concrete pad.
(2)
Transformer and mechanical equipment screening.
(a)
All ground-mounted transformers, climate control,
and similar equipment shall be screened from view from any street
or adjacent property by a wall constructed of the same exterior materials
as the building and not less than the height of the equipment to be
screened. As an alternative, the equipment may be screened by landscaping
approved by the Planning Commission.
(b)
All rooftop climate control equipment, transformer
units, and similar equipment shall be screened. The materials used
to screen the equipment shall be compatible in color and type with
exterior finish materials of the building. All rooftop equipment shall
conform to the maximum height regulations of this chapter.
All fences, walls and other protective barriers
of any kind shall conform with the following provisions:
A.
In all districts the following standards apply:
(1)
The erection, construction or substantial rebuilding
of any fence, wall or privacy screen shall be constructed in conformance
with this chapter.
(2)
A fence permit must be obtained from the Village prior
to erection, construction or substantial rebuilding of any fence,
wall or other protective barrier.
(3)
All fences, walls or other protective barriers shall
be located on the property unless otherwise specified.
(5)
No portion of any fence shall project beyond any property
line.
(6)
It shall be the duty of each property owner to ensure
that all fences, walls and privacy screens on the property are installed
and maintained plumb, with adequate support and footings, and in a
safe and sightly manner, and to remove or repair any fence, wall or
privacy screen that is dangerous, damaged, dilapidated or otherwise
in violation of this chapter.
(7)
Bumper-stops curbing or guard posts/rails shall be
provided where any fence or wall abuts a required drive or parking
area.
B.
Residential standards. In addition to the standards in Subsection A above, the following provisions shall apply to fences and walls in all SF, SF-1, and SF-2 Districts:
(1)
Fences or walls erected in any front yard or street-side
side yard shall not exceed four feet in height, unless otherwise required
by this chapter for screening of adjacent land. Where screening fences
or walls are required by this chapter to be located within a required
front yard or a required street-side side yard, they shall not exceed
3 1/2 feet in height within the required front yard setback.
Fences or walls within a side or rear yard shall not exceed six feet
in height.
(2)
Only one fence or wall may be erected along a common
lot line.
(3)
Fences or walls containing barbed wire, razor wire,
spikes, nails, sharp points, or electric current or charge are prohibited.
However, barbed wire in cradles may be placed on top of fences or
walls enclosing public utility facilities.
C.
Multiple-family residential, office and commercial standards. In addition to the standards in Subsection A above, the following provisions shall apply to fences and walls for all multiple-family residential, office and commercial districts and land uses:
(1)
No fence or wall shall be erected in any front yard
or street-side side yard unless required by this chapter for screening
of adjacent land. Where screening fences or walls are required by
this chapter to be located within a front yard or a street-side side
yard, they shall not exceed 3 1/2 feet in height within the required
front yard setback. Fences or walls within side or rear yards shall
not exceed six feet nor shall they be less than four feet in height
above the grade of the surrounding land, unless otherwise required
by this chapter.
(2)
Fences containing barbed wire, razor wire, spikes,
nails, sharp points, or electric current or charge are prohibited;
however, barbed wire in cradles may be placed on top of fences enclosing
public utility facilities.
D.
Industrial standards. In addition to the standards in Subsection A above, the following provisions shall apply to fences and walls in the IO, LI, and HI Districts:
(1)
No fence or wall shall be erected in any front yard
or street-side side yard unless required by this chapter for screening
of adjacent land. Where screening fences or walls are required by
this chapter to be located within a front yard or a street-side side
yard, they shall not exceed four feet in height within the required
front yard setback. Fences or walls within side or rear yards shall
not exceed eight feet nor shall they be less than four feet in height
above the grade of the surrounding land.
Any building or structure which is moved shall
be considered a new building or structure and shall conform to all
provisions of this chapter and all applicable building codes.
Portable structures, such as a trailer or similar type of structure designed and used for hauling and/or storing inventory, merchandise or equipment, and not designed to be a permanent structure, shall not be located on any premises for more than 15 days in a calendar year, unless as permitted in § 515-94. Where permitted, portable structures shall be located in full conformance with the setback, dimensional and design requirements of this chapter. The use of any portable structure for dwelling purposes for any period of time is prohibited.
Construction trailers which are necessary to facilitate construction on any site in the Village where construction is proceeding under a valid building permit shall be permitted and are exempt from § 515-95. However, no such structure shall be located at any construction site longer than one month after completion of construction. All temporary construction structures shall conform with all applicable provisions of this chapter. No temporary construction structure shall be used in any manner as a business sign for the use under construction.
A.
Where sidewalks are provided or required, they shall
meet the following minimum standards:
|
Sidewalk Type
|
Minimum Width
(feet)
|
Material
|
Location
| |
|---|---|---|---|---|
|
Public (right-of-way)
|
5
|
Concrete
|
1 inch inside right-of-way
| |
|
Internal
|
4
|
Concrete
|
On site
|
B.
All sidewalks shall be of barrier-free design in compliance
with the Americans With Disabilities Act (ADA). Ramps and railings
shall be provided as necessary to ensure barrier-free accessibility.
The review, design, development and maintenance
of a site condominium project shall conform with the provisions of
this section.
A.
Review process. Review and approval as provided in
this section shall be required to construct, expand or convert a site
condominium project. The review process shall involve three phases:
(1)
Preliminary plan review and approval.
(a)
Application. A developer of a proposed site
condominium project shall submit to the Village an application for
preliminary plan approval on an application form provided by the Village.
The application form shall include all information called for on the
form and shall be accompanied by 12 copies of a preliminary plan,
the application and review fee, and any supplemental information the
applicant desires to be considered during the preliminary plan review
process.
(b)
Preliminary plan content. The preliminary plan
shall show the name, location and position of the project. The plan
and layout shall be of sufficient detail on a topographic plan to
enable a determination of whether the project meets requirements for
size and shape of lots, streets, roads, drainage, floodplains and
wetlands. The preliminary plan shall be drawn to scale of not more
than 100 feet to one inch. It shall contain a legal description of
the parcel of land to be developed, proposed layout of the individual
building sites, streets, roads, floodplains, wetlands and location
of proposed drainage, water and septic service. In addition, the application
and/or plan shall include other information deemed necessary by the
Planning Commission, Village planning consultant, or Village engineering
consultant for preliminary review, including all data submittal requirements
in the Village Subdivision Ordinance.[1] The plan shall also contain the name and address of the
developer and the name, address and seal of the surveyor or engineer
who prepared it.
(c)
Preliminary plan review process.
[1]
The application form and preliminary plan shall
be forwarded to the Planning Commission, Village engineering consultant
and Village planning consultant for their review.
[2]
Following review and recommendation by the engineering
and planning consultants, the preliminary plan shall be reviewed by
the Planning Commission for conformance with all applicable laws and
ordinances, including all ordinance design standards relative to density,
condominium building sites, streets, roads, drainage, floodplains
and wetlands.
[3]
The Planning Commission shall ascertain whether, based upon the submitted application and preliminary plan, the preliminary plan will conform with all applicable ordinance requirements relative to condominium building site size, shape and layout, and street design. In addition, the Planning Commission shall review the plan for compliance with § 515-100, Site plan review.
[4]
If the preliminary plan conforms with all applicable
ordinance standards, including the design standards within the Village
Subdivision Ordinance, and demonstrates conformance with requirements
for site plan review, it shall be approved by the Planning Commission.
If the preliminary plan fails to conform, the Planning Commission
shall either deny the application or grant approval with conditions
with a time limit for compliance with such conditions and resubmission,
as deemed appropriate by the Planning Commission.
[5]
Preliminary plan approval shall confer upon
the developer an approval, for a period of one year, of the proposed
size, shape and layout of building sites and street layout. Such preliminary
plan approval may be extended if applied for by the proprietor within
one year of the initial approval and approved by the Planning Commission.
(2)
Site plan review and approval.
(a)
After preliminary plan approval is granted by the Planning Commission, the developer shall submit an application for site plan review and approval in accordance with the submittal and review requirements in § 515-100, Site plan review.
(b)
Application for site plan review shall include
a copy of the proposed master deed, bylaws and any additional documentation
to be recorded with the Register of Deeds for review and approval.
The master deed shall be reviewed with respect to all matters subject
to regulation by the Village, including, without limitation, ongoing
preservation and maintenance of drainage, retention, wetland and other
natural areas, and maintenance of general and limited common elements.
(c)
The Planning Commission shall review the site
plan and all associated submittal information and shall approve the
proposed condominium project if it conforms with all applicable ordinance
standards and conditions of preliminary plan approval. If the proposed
condominium project does not conform with said standards and conditions,
the Planning Commission may approve with conditions or deny the proposed
condominium project.
(d)
Site plan approval shall be effective for a
period of one year. Such approval may be extended if applied for by
the developer within the effective period and granted by the Planning
Commission.
(3)
Final engineering plan review and approval.
(a)
Following site plan approval by the Planning Commission, the developer shall submit an application for final engineering approval to the Village, on forms provided for that purpose. The application shall include plans and information in sufficient detail for the Village and appropriate consultants to determine compliance with all applicable laws, codes, ordinances, rules and regulations enforceable by the Village subject to applicable provisions of Subsection B below.
(b)
The Village's engineering consultants and planning
consultants shall review the final engineering plans and shall approve
the plans when they conform with all applicable ordinance standards,
requirements and conditions of site plan approval.
(c)
A building permit for construction of individual condominium units shall be issuable at such time as the final engineering plan has been approved, all applicable permits and approvals have been secured from all other applicable government entities, and all improvements for the project have been constructed. The Village may determine that certain improvements need not be constructed prior to the issuance of building permit for a condominium unit, provided that all improvements shall be completed prior to issuance of a certificate of occupancy for any condominium unit and the developer posts a performance guarantee in conformance with § 515-100H for the timely completion of such improvements.
B.
Additional site condominium regulations.
(1)
Each condominium building site shall front on and
have direct access to a public street constructed to Macomb County
Road Commission or Village of New Haven standards.
(2)
There shall be compliance with all requirements of Article XVII, Schedule of Regulations,[2] and other provisions of this chapter and other applicable
ordinances, with the understanding that reference to "lot" in such
regulations shall mean and refer to "condominium building site" and
reference to "building" (meaning principal building) or "structure"
(meaning principal structure) shall mean and refer to "condominium
unit envelope." In the review of preliminary plans, site plans and
engineering plans, it is recognized that it may not be feasible to
precisely apply traditional definitions and measures which would be
made for developments proposed under, for example, the Land Division
Act. However, the review of plans submitted under this section shall
be accomplished with the objective and intent of achieving the same
results as if the improvements were being proposed pursuant to the
Land Division Act.[3]
[2]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
[3]
Editor's Note: See MCLA § 560.101
et seq.
(3)
Prior to any grading or land development activity
and/or the issuance of building permits, the developer shall demonstrate
approval by county and state entities having jurisdiction with regard
to any aspect of the development, including, without limitation, roads,
water supply, sewage disposal and stormwater drainage.
(4)
Prior to issuance of any certificates of occupancy,
the developer shall demonstrate approval by any other governmental
entities having jurisdiction that all improvements have been completed
in accordance with approved plans.
(5)
Within 60 days following final inspection and approval
of all improvements, the developer shall submit to the Village an
as-built survey, including dimensions between each improvement and
the boundaries of the building sites, and distance of each improvement
from any wetland, floodplain and/or floodway. The corners of each
condominium building site shall be staked in the customary manner
in connection with a survey performed for the project.
(6)
The fees for all reviews shall be established by resolution
adopted by the Village Council.
(7)
Any proposed amendments of plans or the master deed
which have received final approvals and which would have any direct
effect upon any matter reviewed or approved under this section shall
be reviewed and approved by the Planning Commission prior to recording.
Recreational vehicles, as defined in § 515-3, which are owned by a member of the family residing in a single-family home on the same lot or parcel, may be parked on a lot or parcel in any SF, SF-1 or SF-2 District subject to the following:
A.
A maximum of one recreational vehicle may be parked
on a lot or parcel outside of a garage.
B.
Recreational vehicles may be located in a rear or side yard, provided a minimum five-foot setback is maintained from all side and rear property lines. Recreational vehicles may be located on a driveway in a front yard for a period not to exceed 24 hours during loading and unloading, provided the recreational vehicle does not impede visibility and a five-foot setback is maintained from all side lot lines (compliance with the visibility limitations in §§ 515-76 and 515-77 is required).
C.
Recreational vehicles may not be utilized for dwelling
purposes at any time. This subsection does not include the temporary
use of recreational vehicles for purely recreational dwelling purposes
within approved campgrounds.
D.
Recreational vehicles must be currently registered
and/or licensed for use.
E.
Recreational vehicles must be owned by a member of
the family that resides in the home.
Commercial vehicles, as defined in § 515-3, which are owned or operated by a member of the family residing in a single-family home on the same lot or parcel, may be temporarily parked in a SF, SF-1 or SF-2 District subject to the following:
A.
A maximum of one commercial vehicle may be parked
on a lot or parcel whether inside or outside of a garage.
B.
The commercial vehicle must be located inside a garage
or on a driveway.
C.
The commercial vehicle shall be no larger than a regularly
manufactured pickup or panel van of one-and-one-half-ton capacity.
No wreckers, garbage trucks, septic tank haulers/pumpers or semi-truck/trailers
are permitted.
D.
The commercial vehicle must be currently registered
and licensed for use.
E.
The commercial vehicle must be owned or operated by
a member of the family that resides in the home.
F.
The provisions of this section shall not apply to
vehicles that are utilized in the operation of a limited farm use
on the same lot or parcel.
This section sets forth the requirements for
the site plan review process in the Village of New Haven.
A.
Developments, uses or activities requiring submittal
of a site plan. A site plan shall be submitted to the Village in accordance
with the procedures in this section for any of the following activities
and uses in all zoning districts, excluding single-family homes, two-family
homes, and residential accessory structures:
(1)
All new construction, structural alteration,
or substantial change in use, as determined by the Zoning Administrator,
for principal permitted uses in all zoning districts, excluding single-family
homes, two-family homes, and residential accessory structures.
(2)
All site condominium developments in any district.
(3)
All special land uses in any district.
(4)
Any use that requires a new, modified or expanded
parking lot.
(5)
All multiple-family residential developments
and manufactured housing parks.
(6)
The improvement, expansion, extension or abandonment
of any public or private overhead or underground utility or utility
lines or easement.
(7)
All public buildings, structures and parks.
B.
Site plan review process. Site plans shall be reviewed
in conformance with the following process:
(1)
Applicant applies to Village Clerk for preapplication
conference with Village President, Village Manager, Planning Commission
Chair (or designee), planning consultant, engineering consultant,
Zoning Administrator, and/or other appropriate officials, to discuss
the proposed site plan, review procedures, design elements, and ordinance
requirements. (Optional, but strongly recommended.)
(2)
Applicant initiates site plan review process
by submitting the following information to the Village Clerk:
(a)
Fifteen copies of the completed site plan application
form. Note: Incomplete applications, including insufficient plans,
will not be processed until required information is submitted.
[Amended 6-12-2001 by Ord. No. 272]
(b)
Fifteen copies of the site plan. A site plan submitted to the Village for preliminary site plan review must contain all of the information set forth in Subsection C below.
[Amended 6-12-2001 by Ord. No. 272]
(c)
Fifteen copies of the Hazardous Substance Reporting
Form and Environmental Permits Checklist (provided by Village).
[Amended 6-12-2001 by Ord. No. 272]
(d)
Payment of all applicable fees.
(3)
Village Clerk distributes complete application
and site plan to Planning Commission, engineering consultant and planning
consultant for their review. The Planning Commission may require review
by other agencies to ensure compliance with applicable standards and
requirements.
(4)
When the completed application and site plan
have been reviewed by the planning and engineering consultants, the
application will be placed on the agenda of a meeting of the Planning
Commission. The applicant will be notified of the date, time and place
of the meeting at which the Planning Commission will consider the
application.
|
NOTE: The applicant or a representative should
attend all meetings at which his development is scheduled for discussion
or action. Failure to appear at the meeting may cause the item to
be tabled to the next meeting. The Planning Commission may take action
on a scheduled agenda item regardless of the attendance of the applicant
or a representative.
|
(5)
The Planning Commission conducts preliminary
site plan review to determine compliance with applicable ordinance
requirements. The Planning Commission will consider all review letters
and reports from the planning and engineering consultants and, where
necessary, other agencies, together with such information as the applicant
may present concerning the application.
(6)
Upon determination by the Planning Commission
that a preliminary site plan is in compliance with the Zoning Ordinance,
as amended, and other applicable standards and requirements, the applicant
may then proceed to the final site plan review process. Where a preliminary
site plan is not in compliance and extensive revisions to the preliminary
site plan are necessary to meet applicable standards and requirements,
the required changes shall be stated in writing and the applicant
shall revise the site plan and resubmit the site plan for preliminary
site plan review. If changes are minor, they shall be made a part
of the final site plan submission.
(7)
The applicant initiates final site plan review
by submitting the following information to the Village Clerk:
(8)
The Village planning consultant and engineering
consultant shall approve, approve with conditions, or deny the final
site plan after review and consideration of other reviewing agencies'
comments, together with information the applicant presents concerning
the application.
(9)
Upon approval of the final site plan, such approval
shall be indicated on the plan including the stamp of the Planning
Commission Chairperson.
(10)
If revisions to the final site plan are necessary
to meet conditions of approval, ordinance requirements or standards,
the final site plan shall be revised by the applicant and resubmitted
to the Village Clerk for verification of compliance with necessary
plan revisions. The Village Clerk may request assistance in verifying
compliance with required plan revisions from the Planning Commission,
Village consultants, or other applicable agencies.
(11)
All denials, along with the reasons for denial,
shall be indicated in writing. If the applicant desires to prepare
an alternative plan, the same procedure as outlined above, beginning
with submittal of final site plans for Planning Commission review,
shall be followed.
(12)
When all conditions of approval are met by the
applicant, the Village Planning Commission Chair shall stamp the final
site plans "APPROVED" and shall transmit copies in accordance with
the following:
|
Sent To
|
Number of Copies of Approved Plan
| |
|---|---|---|
|
Applicant
|
1
| |
|
Village Clerk
|
2
| |
|
Zoning Administrator
|
1
|
(13)
Applicant applies for building permits.
C.
Submission requirements.
(1)
Site plan application form contents.
(a)
Applicant's name, address and phone number.
(b)
Name of proposed development.
(c)
Common description of property and complete
legal description.
(d)
Land acreage and frontage on public roads or
rights-of-way.
(e)
Existing zoning of subject property and adjacent
properties.
(f)
Detailed description of the proposed use of
the land.
(h)
Signature of applicant and legal owner(s) of
property, if not the applicant.
(2)
Preliminary site plan submission/data requirements.
The following information shall be detailed on the preliminary site
plan:
(a)
Name of development and title block.
(b)
Location map showing site location, major roads,
and railroads.
(c)
The site plan shall be drawn to scale of not
less than one inch equals 50 feet.
(d)
Date, North arrow, and scale.
(e)
Property identification number(s) and the dimensions
of all lot and property lines, showing the relationship of the subject
property to abutting properties.
(f)
Location of all existing and proposed structures,
uses, number of stories, gross building area, required and proposed
setback lines, and distances between structures on the subject property.
(g)
Location of all existing structures within 100
feet of the subject property lines.
(h)
All existing and proposed aisles, drives, pedestrian
paths, roadways, parking areas and number of parking spaces and location
of loading areas on the subject property.
(i)
All existing and proposed roadways, drives,
parking areas and pedestrian paths within 200 feet of the subject
property.
(j)
Location and height of all walls, fences and
landscaping, including a plan for landscaping of the development and
the method by which landscaping is to be maintained.
(k)
Location and widths of all abutting streets,
existing and proposed rights-of-way, easements and pavement.
(l)
Types of existing and proposed surfacing of
all roads, such as asphalt or concrete paving.
(m)
Types of facing materials to be used on structures.
(n)
Elevations (front, sides, and rear views) of
all sides of the building(s).
(o)
A floor plan drawing showing the specific use
areas of all existing and proposed building on site.
(p)
Seal of registered architect, landscape architect,
land surveyor, or civil engineer who prepared the plan.
(q)
Density calculations (for multiple-family projects).
(r)
Principal and accessory buildings.
(s)
Designation of units by type of buildings.
(t)
Interior walks and pedestrian or bicycle paths
within rights-of-way.
(u)
Exterior lighting locations, type of fixtures,
and methods of shielding from projecting onto adjoining properties.
(v)
Trash receptacle and transformer locations and
method of screening.
(w)
Drive or street approaches, including acceleration,
deceleration and passing lanes, where appropriate.
(x)
All utilities located on or serving the site,
including waterlines/wells and septic/sanitary sewer lines. If any
water or sewer system is proposed which serves more than one building
or use, detailed construction plans shall be submitted for review
by the Village's engineering consultant. All necessary reviews and
permits shall be obtained and verified by the applicant prior to final
site plan review.
(y)
Loading and unloading areas.
(z)
Designation of fire lanes.
(aa)
Address location on building and size of numbers.
(bb)
Location and boundaries of wetlands, one-hundred-year
floodplains, lakes, streams, rivers, detention basins, drainageways,
or other bodies of water, with water elevation levels indicated.
(cc)
Soil types and characteristics using the U.S.
Soil Conservation Service's Soil Survey of Macomb County, Michigan,
or more detailed surveys if available.
(dd)
Location, size and types of all proposed signs.
(ee)
Preliminary storm system layout and flow arrows,
demonstrating that storm flow connections and disposal methods are
feasible.
(ff)
Typical existing and proposed cross sections
for streets, roads, alleys, parking lots, etc., as applicable, including
right-of-way.
(gg)
Existing and proposed ground contours at intervals
of two feet or spot elevations sufficient to review the proposed grading
and drainage plan, as determined by the Village's consulting engineer.
(hh)
Proposed fire lanes and fire lane signs.
(ii)
Proposed signs and specifications for control
of traffic flow.
(jj)
Location of all tree stands and measures to
be taken to protect existing on-site trees not proposed for removal
as part of the development.
(kk)
Landscape plan showing species, spacing and
size of each tree and plant material and ground cover.
(ll)
Such other reasonable and relevant information
as may be required by the Village to assist in the review of the proposed
development.
(3)
Final site plan submission/data requirements.
In addition to the preliminary site plan data specified above, the
following minimum information must be submitted for final site plan
review and approval:
(a)
Site engineering plans prepared by a registered
civil engineer. Such plans shall be submitted for the Village engineering
and planning consultant's review and approval. Plans shall include
the following:
[1]
A proposed grading and drainage plan. The plan
shall show proposed finished floor elevations, finished grades at
structures, proposed stormwater collection system, storm outlet(s),
ultimate downstream outlet and, when required, retention/detention
basin design calculations. Any areas of filled or reclaimed land shall
be identified and all development shall detain stormwater so that
the runoff from the property does not negatively impact upon adjacent
properties or public and private rights-of-way. Compliance with engineering
standards shall be determined by the Village Engineering consultant.
The Planning Commission shall require compliance with engineering
standards, subject to the Village consulting engineer's final approval,
as a condition of final site plan approval.
[2]
All utilities located on or serving the site,
including sizes of waterlines and sewer lines, wells, proposed hydrants,
proposed meter size, and proposed fire suppression line into building.
Proposed sanitary leads, proposed sanitary sewers or on-site disposal
systems must also be shown, as applicable.
[3]
Proposed streets and drives showing types of
surfacing, whether public or private, and grade elevations.
[4]
Modifications to the site plan demonstrating
compliance with all preliminary site plan review conditions of approval.
D.
Site plan review criteria. In reviewing site plans,
the Village and its consultants shall consider and require compliance
with the following:
(1)
All application and site plan review submittal
criteria have been met.
(2)
The site plan is in full conformance with all
applicable Zoning Ordinance requirements.
(3)
The location of development features, including
principal and accessory buildings, open spaces, parking areas, driveways
and sidewalks, minimize possible adverse effects on adjacent properties
and promote pedestrian and vehicular traffic safety.
(4)
On-site circulation of both vehicular and pedestrian
traffic will achieve both safety and convenience of persons and vehicles
using the site.
(5)
Landscaping, earth berms, fencing, signs and
obscuring walls are of such a design and location that the proposed
development is aesthetically pleasing and is harmonious with nearby
existing or proposed developments.
(6)
Utility services, including proposed water,
sanitary sewer and stormwater runoff systems, are sufficient to fulfill
the projected needs of the development and the recommendation of the
Village consulting engineer. Approval by a state or county department
having jurisdiction, such as the Department of Health, Drain Commission
or Road Commission, may also be a prerequisite to approval.
(7)
Notwithstanding any other provisions of this
chapter, the Village may require as a condition of final site plan
approval, landscaping, berming, fencing, construction of walls, marginal
access drives or other appurtenances as necessary or desirable to
promote the health, safety and welfare of the community; to provide
adequate protection to surrounding properties, to preserve and promote
the character of the district and the intent of this chapter; and
to achieve a lasting and desirable improvement to the community.
E.
Site plan review standards for groundwater protection.
The following provisions shall apply to all uses and facilities which
require site plan review under the provisions of this chapter.
(1)
Hazardous substances and polluting materials
are defined as a chemical or other material which is or may be injurious
to the public health, safety or welfare, or the environment.
(2)
Site plan review information requirements.
(a)
The applicant for site plan review shall complete
and submit the Hazardous Substances Reporting Form for Site Plan Review
and the Environmental Permits Checklist at the time of application
for site plan review (forms provided by Village).
(b)
The Village may require a listing of the type
and quantity of all hazardous substances and polluting materials which
will be used, generated, produced or stored on the site.
(c)
The site plan shall detail the location of the
following:
[1]
Public or private wells on site and on adjacent
sites.
[2]
Septic systems and other wastewater treatment
systems, including the location of all subcomponents of the system.
[3]
Interior and exterior areas to be used for the
storage, use, loading, recycling, production or disposal of any hazardous
substances and polluting materials.
[4]
Underground storage tanks. (Note material to
be stored.)
[5]
Aboveground storage tanks. (Note material to
be stored.)
[6]
Exterior and interior drains, dry wells, catch
basins, retention/detention areas, sumps and other facilities designed
or intended to collect, store or transport stormwater or wastewater.
The point of discharge for all drains and pipes shall be specified
on the site plan.
[7]
Wetlands, watercourses, lakes, ponds, rivers
and streams.
[8]
Soil characteristics of the parcel, at least
to the detail provided by the U.S. Soil Conservation Service Soil
Survey.
[9]
Areas on the site which are known or suspected
to be contaminated, along with a report on the status of cleanup efforts,
if applicable.
(3)
Groundwater protection standards.
(a)
General.
[1]
The project shall be designed to protect the
natural environment, including lakes, ponds, streams, wetlands, floodplains
and groundwater, and to ensure the absence of an impairment, pollution
and/or destruction of the air, water or other natural resources.
[2]
Stormwater management and drainage facilities
shall be designed to retain the natural retention and storage capacity
of any wetland, water body or watercourse and shall not increase flooding
or the potential for pollution of surface water or groundwater, on
site or off site.
[3]
Floor drains shall be connected to a public
sewer system, an on-site holding tank without an outlet, or a system
authorized by through a state groundwater discharge permit.
[4]
Sites shall be designed to prevent spills and
discharges of hazardous substances and polluting materials to the
air, surface of the ground, groundwater or surface water.
[5]
State and federal agency requirements for storage,
spill prevention, recordkeeping, emergency response, transport and
disposal of hazardous substances and polluting materials shall be
met. No discharges to groundwater, whether direct or indirect, shall
be allowed without required permits and approvals.
[6]
In determining compliance with the standards
in this chapter, the Village may utilize appropriate and applicable
reference standards regarding best management practices for groundwater
protection.
(b)
Aboveground storage and use areas for hazardous
substances and polluting materials.
[1]
Secondary containment of hazardous substances
and polluting materials shall be provided. Secondary containment shall
be sufficient to store the substance for the maximum anticipated period
of time necessary for the recovery of any released substance.
[2]
Outdoor storage of hazardous substances and
polluting materials shall be prohibited except in product-tight containers
which are protected from weather, leakage and vandalism.
[3]
Secondary containment structures shall not have
floor drains or other outlets, except as necessary for connection
to pumping trucks for removal of spilled product.
[4]
Areas and facilities for loading, handling,
production, use or disposal of hazardous substances and polluting
materials shall be designed and constructed to prevent discharge or
runoff to floor drains, rivers, lakes, ponds, wetlands, groundwater
or soils.
(c)
Underground storage tanks for the storage of
hazardous substances and polluting materials.
[1]
Existing and proposed underground storage tanks
shall be registered with the authorized state agency in accordance
with applicable state and federal law.
[2]
Installation, operation, maintenance, closure
and removal of underground storage tanks shall be in accordance with
requirements of the authorized state agencies. Leak detection, corrosion
protection, spill prevention and secondary containment requirements
shall be met. Records of monthly monitoring and inventory control
shall be retained and available for review by appropriate federal,
state and local government officials in the event of a product release
or spill.
[3]
Out-of-service or abandoned underground tanks
shall be emptied and removed from the ground in accordance with requirements
of the authorized state and federal agencies.
(d)
Sites with contaminated soils and/or groundwater.
[1]
Site plans shall detail the location and extent
of any contaminated soils or groundwater on the site.
[2]
Written verification from the authorized state
agencies shall be provided as a part of site plan review application
that indicates their approval of the proposed use or activity in relation
to the contamination on site and cleanup efforts underway or anticipated.
F.
Expiration of site plan approval.
(1)
The approval of any preliminary site plan under
the provisions of this chapter shall expire and be void one year after
the date of such approval unless final site approval has been granted
or is in an active stage of review. Approval of any final site plan
under the provisions of the chapter shall expire and be void one year
after the date of such approval unless actual construction has commenced
in accordance with the issuance of a valid building permit. Upon expiration
of a final site plan approval, all preliminary site plan approvals
shall expire.
(2)
The time limits set forth above may be extended
by the body which approved the site plan, subject to the following:
G.
Fees. Any application for site plan approval, preliminary
or final, shall be accompanied by a fee as determined from time to
time by resolution of the Village Council.
H.
Performance guarantee.
(1)
The Village may require a cash deposit, certified
check, irrevocable bank letter of credit, or surety bond to cover
the estimated cost of improvements necessary to ensure compliance
with this chapter. This performance guarantee shall be deposited with
the Clerk of the Village to ensure faithful completion of the improvement.
The performance guarantee shall be deposited at the time of issuance
of the permit authorizing the activity or the project.
(2)
Whenever a cash deposit is required, the Village
shall establish a reasonable rebate of such cash deposit based on
a proportion of work completed versus the total work required. This
section shall govern whenever a financial guarantee is required by
authority of this chapter notwithstanding any provisions to the contrary.
I.
Approval and issuance of building permits. Building
permits shall not be issued until site plan approval has been granted
by the Planning Commission and, where applicable, the Village engineering
consultant has approved the final engineering plans for the site.
J.
Amendments of approved site plans.
(1)
An approved site plan may be amended by written application to the Village Clerk in accordance with the submittal and review procedures for site plan review detailed in § 515-100. Where the changes are minor, the Planning Commission may waive the preliminary site plan review process and refer the revisions to staff or consultants for final action.
(2)
Any actual construction or plan changes made
during construction which are not approved by the Planning Commission
and which differ from an approved site plan shall be made at the applicant's
own risk without any assurances that the Planning Commission will
approve such changes. It shall be the responsibility of the developer
and/or applicant to apply for and receive site plan approval for any
modifications to approved site plans.
L.
Staging or phasing of development.
(1)
Whenever a project is proposed to be developed
in stages, each stage shall be clearly denoted on the preliminary
and final site plan.
(2)
Site plan review and approval shall be required
(including fees) for each subsequent stage which is proposed to begin
later than one year after the original approval. An extension may
be granted by the body which approved the site plan, subject to the
following:
A.
Off-street parking and loading requirement established.
In all zoning districts, off-street parking and loading facilities
for the parking of motor vehicles and the loading and unloading of
merchandise or materials shall be provided in accordance with this
section for all new developments, uses or activities specified, and
shall not subsequently be reduced below the requirements of this section.
In addition, any change in use, expansion, alteration or significant
change in the size or intensity of an activity, land use or structure
shall also conform to the provisions of this section.
B.
Off-street parking facility standards. Whenever the
off-street parking requirements in this chapter require the building
of an off-street parking facility, such off-street parking facility
shall be designed, constructed, and maintained in accordance with
the following standards and regulations:
(1)
Plans for the layout of off-street parking facilities
shall be in accordance with the following minimum requirements:
|
Off-Street Parking Lot Layout
| |||||
|---|---|---|---|---|---|
|
Parking Pattern
(degrees)
|
Maneuvering Lane Width
(feet)
|
Parking Space Width
(feet)
|
Parking Space Length
(feet)
|
Total Width of Two Tiers Plus Maneuvering
Lane
(feet)
| |
|
0
|
12
|
8
|
22
|
40
| |
|
30 to 53
|
14
|
9
|
18
|
50
| |
|
54 to 74
|
16
|
9
|
18
|
56
| |
|
75 to 90
|
24
|
9
|
18
|
60
| |
(2)
All parking spaces shall be provided adequate
access by means of on-site maneuvering lanes. Backing directly onto
or into a right-of-way or street shall be prohibited. All parking
spaces and associated maneuvering lanes shall be located on private
property and shall not be located partially or wholly in any right-of-way.
(3)
Adequate ingress and egress to any parking lot
shall be provided for all vehicles by means of clearly defined driveways.
(4)
The number of driveways provided shall be the
minimum necessary to provide reasonable ingress and egress. Parking
facilities shall be designed to minimize the potential for pedestrian
and vehicle sideswipe accidents adjacent to through aisles.
(5)
Parking facilities shall be designed to minimize
the potential for pedestrian and vehicle sideswipe accidents to through
aisles.
(6)
All maneuvering lanes shall permit one-way traffic
only except zero-degree (parallel) and ninety-degree spaces, which
shall permit two-way traffic (zero-degree spaces must have two twelve-foot
maneuvering lanes if two-way traffic is proposed).
(7)
All parking areas shall be provided with a paved,
asphalt or concrete surface in accordance with the specifications
approved by the Village engineering consultant.
(8)
All driveways to and from any off-street parking
facility shall be at least 25 feet distant from any adjacent property
line.
(9)
Off-street parking spaces shall be no closer
than 20 feet to any front lot line or exterior side lot line and no
closer than 10 feet to any rear or interior side lot line. Furthermore,
in the GB District, not more than 66% of provided off-street parking
shall be located in the front yard.
(10)
Off-street parking spaces and associated drives
shall not be located in any required front or street-side side yard.
(11)
All parking areas shall be adequately drained,
in accordance with specifications of the Village's engineering consultant,
so as to prevent ponding or drainage of runoff onto adjacent parcels
or rights-of-way. Runoff shall be detained or retained, in accordance
with the specifications of the Village's engineering consultant, so
as to minimize impact of stormwater runoff on the site, adjacent parcels
and rights-of-way. In no instance shall stormwater runoff exceed the
agricultural rate for the site.
(12)
Lighting shall be located and designed in accordance with § 515-90. Lighting fixtures shall be shielded downward and away from adjacent properties and rights-of-way.
(14)
All off-street parking facilities shall be located on the same lot or parcel as the building or use which they are intended to serve. Where collective or joint-use parking facilities are proposed or desired, they may be permitted after site plan review and approval in accordance with § 515-100 and the following:
|
PARKING LAYOUT ILLUSTRATION
 |
(a)
Parking shall be provided for the sum of the
total parking required under the provisions of this section for the
individual uses to be served by the joint-use parking facility.
(b)
Where the joint use of parking facilities involves
two or more lots or parcels which are in separate ownership, written
consent to the proposed joint use of parking facilities shall be provided.
Said written consent shall be in the form of an easement for joint
use of parking and shall be recorded with the County Register of Deeds.
C.
Off-street parking facility limitations.
(1)
Off-street parking facilities shall not be used
for the storage of materials or merchandise at any time.
(2)
Where the outdoor storage of vehicles is associated
with the principal or accessory use(s) of a site, the approved site
plan shall detail the location of required off-street parking facilities
and the location of outdoor areas for the parking or storage of vehicles.
(3)
Required parking facilities may be provided within garages or carports or in paved outside parking lots. Where parking is provided in a garage, carport or other accessory structure, said accessory structure shall be located in accordance with § 515-78.
(4)
Existing off-street parking facilities provided
at the effective date of this chapter, actually being used at that
date for off-street parking in connection with the operation of an
existing building or use, shall not be reduced to an amount less than
hereinafter required under this section for a similar new building
or new use.
D.
Schedule of required parking spaces by type of use. The number of off-street parking spaces required under Subsection A of this section shall be determined in accordance with the following table:
|
Use
|
Minimum Number of Parking Spaces per Indicated
Area or Unit of Measure
| |
|---|---|---|
|
Residential:
| ||
|
1-family residential (including mobile homes)
|
2 for each dwelling unit
| |
|
2-family residential
|
2 for each dwelling unit
| |
|
Multiple-family residential
|
2 for each dwelling unit
| |
|
Independent senior residential, where residents
live in their own independent apartments or other housekeeping units
|
1 for each dwelling unit and 1 for each employee
| |
|
Congregate senior residential, where residents
occupy a private or shared room and have meals, medical, laundry,
and other services provided daily
|
3 for each 4 units and 1 for each employee
| |
|
Institutional:
| ||
|
Convalescent or rest homes
|
1 for each 2 beds
| |
|
Places of worship
|
1 for each 3 persons allowed under state, county
or local fire and health regulations; or 1 for each 5 feet of pews,
or 1 for each 3 seats in the main unit of worship, whichever is greater
| |
|
Hospitals; clinics
|
2 for each bed plus parking for related uses
| |
|
Private and public elementary and junior high
schools
|
1 for each 2 seats in the auditorium or assembly
hall or 1 space for each employee, plus 10 visitor spaces, whichever
is greater
| |
|
Public and private high schools and similar
institutions
|
1 for each 2 seats in the auditorium or assembly
hall or 1 space for each employee, plus 1 space for each 5 students,
whichever is greater
| |
|
Public and private schools converted or used
for adult education classes
|
1 space for each 1 1/2 students, based
on the maximum occupancy as determined by local or state fire codes
| |
|
College, university, business, vocational or
similar school principally enrolling students 17 years of age or older
|
1 parking space for each pupil, plus parking
requirements for places of public assembly shall be met if used during
periods of classroom assembly
| |
|
Small residential colleges, religious schools
and similar institutions
|
1 for each 3 students plus 1 for each employee
| |
|
Private clubs or lodges
|
1 for each 3 persons allowed within the maximum
occupancy load as established by local, county, or state fire or health
codes
| |
|
Private swimming pools, clubs or other similar
uses
|
1 for each 2 member-families or individuals
plus spaces required for each accessory use, such as a restaurant
or bar
| |
|
Fraternity or sorority
|
1 for each 5 active members or 1 for each 2
beds, whichever is greater
| |
|
Theaters and auditoriums
|
1 for each 3.4 seats plus 1 for each employee
| |
|
Theaters and auditoriums in shopping centers
|
1 for each 4 seats
| |
|
Stadiums, sports arenas or other place of outdoor
assembly
|
1 for each 3 seats or 5 feet of benches
| |
|
Libraries, museums or post offices
|
1 for each 200 square feet of gross floor area
(GFA)
| |
|
Nursery schools, day-care centers
|
1 for each 350 square feet of usable floor area, plus 1 space for each employee. See Subsection E below for stacking spaces
| |
|
Offices:
| ||
|
Banks, savings and loans, credit union
|
1 for each 200 square feet of usable floor area. See Subsection E below for stacking space requirements
| |
|
General offices under 30,000 square feet GFA
|
4 for each 1,000 square feet of gross leasable
area (GLA)
| |
|
General offices containing over 30,000 square
feet GFA
|
3.3 for each 1,000 square feet of GLA
| |
|
Professional offices of doctors, dentists, veterinarian
or similar professionals; clinics
|
1 for each 100 square feet of usable floor area
in waiting rooms and 1 for each examining room, x-ray room, dental
chair or other similar use area
| |
|
Industrial:
| ||
|
Industrial or research establishments and related
accessory offices
|
5 plus 1 for each employee in largest working
shift, or 5 plus 1 for each 500 square feet GFA, whichever is greater
| |
|
Warehouses and wholesale establishments and
related accessory offices
|
5 plus 1 for every 1 employee in the largest
working shift, or 5 plus one for each 1,700 square feet of GFA, whichever
is greater
| |
|
Self-storage or mini-warehouse
|
5
| |
|
Business/Commercial:
| ||
|
Commercial retail shopping centers
|
1 for each 192 square feet of gross leasable
area (GLA)
| |
|
Furniture and appliances, showroom of a plumber,
decorator, electrician or similar trade
|
1 for each 800 square feet GFA plus 1 for each
two employees
| |
|
Beauty and barber shops
|
3 for each chair, tanning station, or other
similar use area
| |
|
Mortuaries and funeral parlors
|
1 for each 3 persons allowed under state, county,
or local fire and health codes
| |
|
Miniature golf establishments; par-3 golf courses
|
3 for each 1 hole and 1 for each employee, plus
required parking for accessory uses
| |
|
Golf courses, excluding par-3 courses
|
6 for each 1 hole and 1 for each employee, plus
required parking for accessory uses
| |
|
Bowling alleys
|
5 for each bowling lane plus required parking
for all accessory uses
| |
|
Dance halls, pool or billiard parlors, roller-skating
rinks and exhibition halls without fixed seats
|
1 for each 3 persons allowed under state, county,
or local fire and health codes
| |
|
Restaurant, sit down
|
1 for each 70 square feet of GFA
| |
|
Restaurant, carry out or fast food
|
1 for each 60 square feet of GFA of waiting area, plus 1 for each 70 square feet of sit down area. See Subsection E below for stacking space requirements
| |
|
Laundromats and coin-operated dry cleaners
|
1 for each 2 machines
| |
|
Automobile wash (automatic)
|
1 for each one employee plus an automobile standing
area outside the car wash structure equal to 4 times the maximum capacity
of the auto wash. The maximum capacity of the auto wash shall mean
the greatest number of automobiles possible undergoing some phase
of washing at the same time, which shall be determined by dividing
the length in feet of each wash line by 20
| |
|
Automobile wash (self-service)
|
1 for each employee plus 5 automobile standing
spaces for each washing stall in addition to the stall itself; the
automobile standing spaces shall be no less than 18 feet by 9 feet
| |
|
Vehicle convenience stations; vehicle repair
garage; vehicle service center
|
A minimum of 5 spaces, plus 4 spaces exclusive
of service stall space for each service stall, plus spaces as required
for any other accessory uses
| |
|
Motel, hotel or other commercial lodging establishments
|
1 1/2 for each unit plus required parking
for all accessory uses
| |
|
Motor vehicle sales and service
|
1 for each 200 square feet of usable floor area
of sales room and 1 for each auto service stall exclusive of the stall
itself
| |
|
Conference facility
|
1 for every 3 persons allowed within the maximum
occupancy established by the Fire Department or state, county or local
building or health codes, plus parking for accessory uses
| |
|
Retail stores except as specified herein
|
1 space for each 175 square feet of GFA
| |
E.
On the same premises with every building, structure
or part thereof that serves customers in their automobiles by means
of a service window, the following off-street stacking spaces shall
be provided:
|
Use Served
|
Minimum Stacking Requirements
(per lane)
| |
|---|---|---|
|
Restaurant
|
The distance between the order board and first
pickup window shall provide for 4 vehicles in advance of the window.
In addition, 4 vehicle stacking spaces shall be provided in advance
of the order board. The above shall be increased by 100% for drive-through-only
facilities.
| |
|
Financial institution
|
6 vehicles per lane, inclusive of the vehicle
at the window
| |
|
Nursery school, day-care center
|
1 vehicle per 15 children, inclusive of the
vehicle at the dropoff point. No parking area or maneuvering lanes
shall be permitted between the dropoff point and the principal entrance
to the building.
| |
|
Dry cleaners
|
4 vehicles per lane, inclusive of the vehicle
at the window
| |
|
Other uses
|
For uses not listed above, the Planning Commission
shall make a determination of minimum required vehicle stacking at
the time of site plan review, based upon analysis by the planning
consultant
|
|
NOTES:
| ||
|---|---|---|
|
(1)
|
Drive-through lanes shall not utilize any space
which is necessary for adequate access to parking from internal maneuvering
lanes.
| |
|
(2)
|
Drive-through lanes shall have a minimum center-line
radius of 25 feet.
| |
|
(3)
|
Drive-through lanes shall be striped, marked
or otherwise distinctly delineated.
| |
|
(4)
|
Stacking spaces shall be no more that 18 feet
in length by nine feet in width.
| |
F.
Rules for calculating required number of parking spaces:
(1)
When units of measurement determining number
of required parking spaces result in requirement of a fractional space,
any fraction up to and including 1/2 shall be disregarded and fractions
over 1/2 shall require one parking space.
(2)
In the case of a use not specifically listed,
the requirements for off-street parking facilities for a use which
is listed and to which said use is similar shall apply. In the case
of mixed uses, the total requirements for off-street parking facilities
shall be the sum of the requirements of the various uses computed
separately. Off-street parking facilities for one use shall not be
considered as providing required parking facilities for any other
use except as herein specified for joint use. In the case where there
is no similar use for comparative parking calculation, the Administrative
Official shall determine the required parking for a given use.
(3)
Nothing in this subsection shall be construed
to prevent collective provision of off-street parking facilities for
two or more buildings or uses, provided that the total of such off-street
parking facilities provided collectively shall not be less than the
sum of the requirements for the various individual uses computed separately.
(4)
A parking facility which provides collective
parking for two or more uses may be designed to provide less than
the sum of the requirements for each use, subject to the following:
(a)
The operating hours of the uses shall not overlap;
(b)
Seventy-five percent of the total required off-street
parking for the uses collectively shall be provided. Where the proposed
collective parking facility is intended to also provide parking for
a church, the off-street parking requirements for the church may be
reduced to 50% of the total required off-street parking for purposes
of calculating the total collective spaces required, provided all
other provisions of this subsection are met.
(c)
Written verification, in the form of a recorded
collective parking agreement, shall be provided to the Village prior
to approval of any site plan or building permit which includes a collective
parking facility.
G.
Barrier-free parking standards.
(1)
Barrier-free parking spaces shall be provided
in accordance with the following.
(a)
Table of required number of barrier-free spaces:
|
Spaces in Lot
|
Required No. of Barrier Free Spaces
| |
|---|---|---|
|
1 to 25
|
1
| |
|
26 to 50
|
2
| |
|
51 to 75
|
3
| |
|
76 to 100
|
4
| |
|
101 to 150
|
5
| |
|
151 to 200
|
6
| |
|
201 to 300
|
7
| |
|
301 to 400
|
8
| |
|
401 to 500
|
9
| |
|
501 to 1,000
|
2% of total
| |
|
1,001 and over
|
20, plus 1 per 100 above 1,000
|
(2)
Barrier-free signage shall be provided in accordance
with the following:
(a)
Signs shall be provided for each barrier-free
space or van barrier-free space. The stall signs shall be at least
70 square inches and shall be pole- or building-mounted at least five
feet above grade. The signs shall conform with the blue-and-white
international symbol of accessibility.
(b)
Barrier-free paint markings shall be blue.
(3)
Barrier-free spaces shall be located in close
proximity to main entrance doors or access points to the primary building(s)
or use(s).
(4)
Barrier-free parking space stall widths shall
be a minimum of nine feet.
(5)
A barrier-free access aisle shall be immediately
adjacent to all required barrier-free spaces and shall be located
on the passenger side of each space unless it is located between and
is shared by two barrier-free spaces. Access aisles shall be a minimum
of 60 inches wide for barrier-free spaces and 96 inches wide for van
spaces.
(6)
Ramps shall be provided at all curbs where necessary
to provide direct barrier-free access to principal building(s) or
use(s). Ramps shall not exceed a slope of 1:12.
H.
Off-street loading requirements.
(1)
All developments which include uses or facilities
involved in the receipt or distribution of materials, goods or merchandise
shall provide and maintain adequate loading areas in accordance with
the following schedule:
|
Required Loading Space
|
Gross Floor Area
(square feet)
| |
|---|---|---|
|
0
|
0 to 1,999
| |
|
1
|
2,000 to 19,999
| |
|
1 space plus one space for each 20,000 square
feet in excess of 20,000 square feet
|
20,000 to 99,999
| |
|
5 spaces plus one space for each 40,000 square
feet in excess of 100,000 square feet
|
100,000 or more
|
(2)
Loading areas shall be a minimum of 10 feet
wide and 50 feet long and shall have a minimum overhead clearance
of 15 feet.
(3)
Loading areas shall be located to eliminate
conflicts with pedestrian, vehicular drive and parking areas.
(4)
Loading areas shall be designed to minimize
the impact of loading and unloading activities on adjacent properties
and rights-of-way. They shall be screened from view by walls, building
setbacks, landscaping or a combination thereof, and shall be designed
to reduce the noise and light nuisances associated with service activities.
(5)
Loading areas shall be located only in side
or rear yards. No required front or street-side side yard shall be
used for a loading area. Loading areas shall not be located closer
than 50 feet to any adjacent property zoned SF-1 or SF-2, or 25 feet
to any other property line.
(6)
Loading areas shall be designed to accommodate
all truck or other service vehicle turning movements on site. No public
rights-of-way shall be utilized for truck or service vehicle maneuvering.
The raising or keeping of animals shall be in
accordance with the following:
Private residential or limited farm ponds may
be permitted in the SF District in conformance with the following:
A.
A zoning compliance permit shall be required for the construction or enlargement of all private residential limited/farm ponds. The property owner shall submit an application to the Village Clerk, for review by the Village Zoning Administrator. The application shall be accompanied by a site plan that demonstrates compliance with Subsections B through J below. The Zoning Administrator shall review and approve or deny the zoning compliance permit in accordance with §§ 515-199, 515-200 and 515-201.
B.
A minimum setback of 100 feet shall be maintained
between the edge of any pond excavation to any property line.
C.
A minimum setback of 100 feet shall be maintained
from the edge of any pond to any septic tank or septic drain field.
D.
A minimum setback of 25 feet shall be maintained from
the edge of excavation to the nearest point of any single-family home
or any accessory building.
E.
There shall be no slope in excess of 4:1 (four feet
horizontal to one foot vertical) until the pond reaches a depth of
five feet at the low-water mark on all sides of the pond.
F.
Excavated materials in excess of 1,000 cubic yards may not be hauled off the site unless special approval is granted in full conformance with § 515-139.
G.
All applications for private residential or limited
hobby farm ponds shall be accompanied by a permit fee in an amount
established by resolution of the Village Council.
H.
A performance bond, in an amount established by the
Village Council, shall be posted by the applicant prior to issuance
of a zoning compliance permit to ensure completion of all required
improvements.
I.
If requested by the Zoning Administrator, the applicant
shall submit written verification from the Michigan Department of
Environmental Quality that the proposed pond will not impact a wetland
as regulated by the MDEQ under Act 203 of 1979, as amended.
J.
All approved ponds shall be completed within six months
of the date of permit issuance. Extensions may be granted by the Zoning
Administrator for a period not to exceed an additional six months.
K.
Commercial use of any private residential pond or
limited farm pond for swimming, fishing, boating or the like shall
be prohibited.
L.
On-site dispersal of excavated material shall be in
accordance with the following guidelines:
(1)
Excavated materials shall be contoured or used
to create berms with a maximum slope of 1:3.
(2)
Where excavated materials are bermed or otherwise
will result in an increase in grade, the materials shall be contoured
to avoid interruption of the horizon with the top layer of the redistributed
materials. The following graphic details the desired design effect
of this subsection.
(3)
All excavated material shall be suitably graded
and seeded or otherwise covered with grass or other living ground
cover so as to prevent erosion and to visually incorporate redistributed
excavated materials into the surrounding landscape.
|
PROPER USE OF OVERBURDEN FOR PRIVATE RESIDENTIAL
PONDS
 |
In order to improve response time and ensure
adequate access by emergency services vehicles, the following standards
shall apply to all private driveways for all principal uses in all
districts in the Village of New Haven:
A.
All trees and brush shall be kept cleared for a minimum
width of 14 feet for the full length of all private drives.
B.
All topsoil, stumps and unstable soil shall be removed
and backfilled with appropriate material and surfaced with a bituminous
pavement a minimum of three inches in depth for a minimum width of
12 feet for the full length of the driveway.
C.
The surface of the driveway shall be properly drained
so that water damage and frost heave will not impede access by emergency
vehicles.
D.
A minimum center-line radius of 50 feet shall be maintained
for all curves to ensure access by emergency vehicles. (Refer to sketch
below for an illustration of this standard.) In addition, a minimum
clear area of 18 feet shall be maintained through all curved sections.
 |
E.
No bridges shall be permitted as part of driveway
construction unless they are certified by a registered civil engineer
as capable of supporting a thirty-ton fire truck.
F.
No structures shall be over or across any driveway
unless said structure maintains not less than 14 feet of vertical
and horizontal clearance.
Home occupations, where permitted in this chapter,
shall conform with the following:
A.
The home occupation shall be a use or activity which
is clearly incidental to the residential use of the lot or parcel
and the residence on the same lot or parcel.
B.
No article, merchandise or service shall be sold or
offered for sale on the premises except such as is produced by the
permitted home occupation on the same lot or parcel.
C.
No internal or external alterations, construction
features, equipment or machinery shall be used in conjunction with
a home occupation which is not customary and incidental to a residential
use.
D.
No employees are permitted, other than members of
the family residing in the same home as the home occupation.
E.
Signage shall be limited to one sign which shall not
exceed one square foot. Said sign shall not be illuminated.
F.
No equipment, process or activity shall occur which
creates noise, vibration, glare, fumes, odors or electrical interference
on another lot or in another dwelling.
G.
Traffic generated by the home occupation shall not
exceed volumes which would be customarily expected in a residential
area. Any parking areas associated with the home occupation shall
be located in a side or rear yard only.
H.
No hazardous or explosive materials or products shall
be used, produced or stored in conjunction with any home occupation.
The construction and maintenance of residential
yard waste composting bins accessory to one single-family residential
dwelling unit shall be permitted, subject to the following specifications:
A.
One bin is permitted as accessory to a single-family
residence on the same lot or parcel. Said bin shall not exceed five
feet cubed (125 cubic feet) in volume area.
B.
Compost materials shall be located in a bin constructed
of wood, wire, metal or plastic.
C.
The bin may be a stationary or rotating unit.
D.
The bin shall be located only in a rear yard.
E.
The bin shall be maintained to minimize odors.
F.
Compost material shall not include meats, bones, dairy
products, vegetable oils, cooked foods, pet manure, fish remains,
plastics or other nonbiodegradable materials.
Any building or structure which has been condemned
by authorized officials in conformance with applicable condemnation
procedures shall not be restored or rebuilt unless there is full compliance
with the provisions of this chapter, including but not limited to
setback, area, bulk, height and use regulations. Condemned buildings
or structures are hereby declared exempt from the nonconforming provisions
of this chapter and shall not be used in any fashion unless in full
conformance with the provisions of this chapter. This section shall
not be construed as preventing the required boarding or other necessary
actions to make a condemned or unsafe structure secure or in any way
prevent a structure from being maintained in a safe manner.
The exterior of all buildings in the GB, IO,
LI and HI Districts shall conform with the following:
A.
The front and those sides visible from the road of
new buildings shall be constructed of masonry building materials such
as face brick, stone or decorative block (scored, fluted or split-faced),
or other materials approved by the Planning Commission during site
plan review as equivalent in quality and appearance to the above materials.
B.
The Planning Commission shall find that the proposed
building facade and materials include a complementary contrast between
materials in the overall appearance of the building.
C.
The Planning Commission shall review and approve the
proposed exterior facing materials during site plan review. The proposed
exterior facing materials shall be noted on the building elevation
drawings.
Circuses, carnivals or other transient amusement
enterprises may be permitted in accordance with the provisions of
this section.
A.
Transient and temporary amusement activities may be
proposed in any district except SF, SF-1 and SF-2 Districts, and shall
include all the following characteristics to be considered for approval
under this section:
(1)
The activity is of a clearly transient and temporary
nature, with a duration of less than two weeks, including setup and
removal of associated temporary structures.
(2)
The activity does not include any permanent
structures or other improvements.
(3)
The activity can be accommodated completely
on the proposed site, with no use of any off-site area, including
rights-of-way, for any activity related to the proposed use, including
parking, vehicle queuing, entrance admittance procedures, and signage.
B.
Proposed activities under this section shall be reviewed
in conformance with the following process:
(1)
Application for a transient and temporary amusement activity shall be made by the applicant to the Village Clerk on forms provided for that purpose by the Village. The application shall be completely filled out and shall include the review fee, as established by Village Council resolution, and all other plans and submittals as required under Subsection C below.
(2)
The Planning Commission shall review the proposed
application, site plan and other required submittals. The Planning
Commission may hold a public hearing to solicit public input and shall
make recommendation to the Village Council regarding the following:
(a)
Applicant's conformance with required submittals;
(b)
Appropriateness of the use at the proposed location;
(c)
Adequacy of the road network to provide access
to the site;
(d)
Conformance of the site plan with the submission, content and review criteria in § 515-100, Site plan review;
(e)
Adequacy of proposed methods of reducing impact
of use on the road network, adjacent properties and the natural environment;
and
(f)
Conformance with the provisions of Subsection B(4)(a)[1] through [6] below.
(3)
The Village Council shall review the proposed
application, site plan, and other required submittals. The Council
shall consider the Planning Commission's recommendation and findings
in its review. In addition, the Village Council may also conduct a
public hearing to solicit public comment.
(4)
Grant of permit; denial.
(a)
The Village Council may grant a permit to conduct
the proposed temporary amusement activity if the Village Council finds
all of the following criteria have been met:
[1]
The proposed activity will not adversely affect
adjoining properties, the road network or the natural environment;
[2]
The proposed site plan conforms with the review
comments and recommendations of the Planning Commission;
[3]
The proposed activity has been designed to reduce,
to the extent possible, negative impacts on adjacent properties;
[4]
Appropriate sanitary facilities will be provided;
[5]
Appropriate security and public safety measures
will be provided during all phases of the proposed activity; and
[6]
All required permits from other agencies have
been secured.
(b)
Where the Village Council finds that these criteria
have not been met, it shall deny the requested permit. Appeals from
a denial shall be made to the Zoning Board of Appeals.
(5)
Where a permit is granted for a temporary amusement
activity, the Zoning Administrator shall conduct a zoning compliance
inspection prior to commencement of the permitted activity to ensure
compliance with the approved permit and site plan. All other necessary
reviews, inspections and approvals from other agencies having jurisdiction
shall be the responsibility of the applicant and shall be completed
prior to commencement or opening of the activity to the public.
C.
Applications shall include the following:
(1)
Application form completely filled out and signed
by all necessary signatories;
(2)
Written letter of agreement between all property
owners and the applicant permitting use of subject parcel(s) for the
proposed activity, including any restrictions, length of agreement,
and all signatures of all parties to the agreement. Said agreement
shall be notarized by a notary public in the County of Macomb;
(3)
A site plan prepared in conformance with the preparation, content and submittal requirements for a preliminary site plan as specified in § 515-100, Site plan review; and
(4)
Review fee, as established by resolution of
the Village Council.
D.
The Village Council shall require posting of a performance guarantee in conformance with the provisions of § 515-100H. Said bond shall be utilized to recover Village expenses related to the following:
(1)
Zoning Administrator's legal or other time and
expenses associated with review and inspection of the activity after
permit issuance but prior to grant of a zoning compliance permit;
(2)
Zoning Administrator's legal or other expenses
associated with any zoning compliance or enforcement inspections and
resulting administrative activities resulting from the use during
or after its permitted operating period; and
(3)
Cleanup or restoration expenses necessary after
discontinuance of the activity.
The homeowner or occupant of a single-family
home may conduct a garage sale in conformance with the following:
A.
Garage sales shall include such terms as "yard sale,"
"basement sale," "attic sale" or other type of so-called residential
sale of used tangible personal property, such as, but not limited
to, clothing, household effects, tools, garden implements, toys, recreation
equipment or other used or secondhand items customarily found in and
about the home and advertised in a manner whereby the public at large
is, or can be, aware of such sale.
B.
Each garage sale shall be limited to five consecutive
days of operation and no more than two such sales may be conducted
by any household per calendar year. No sale shall be conducted before
8:00 a.m. or after 7:00 p.m. each day.
C.
No person, firm, corporation or other organization
other than the homeowner or occupant shall conduct a garage sale unless
in conjunction with an estate sale of a deceased former owner or occupant
of the dwelling.
D.
This section shall not apply to the householder who,
during the normal course of housekeeping, advertises or otherwise
offers for sale individual pieces of furniture or an appliance of
value being replaced or no longer needed.
A.
Wireless communication facilities shall be principal permitted uses in the following circumstances, subject to the provisions of § 515-130, and following site plan approval by the Planning Commission in conformance with § 515-100:
(1)
An existing structure will serve as a support
structure for a wireless communication facility within a district
where the existing structure is not, in the discretion of the Planning
Commission, proposed to be either materially altered or materially
changed in appearance.
(2)
A proposed co-location upon an existing wireless
communication facility which had been preapproved for such co-location
as part of an earlier approval by the Village.
(3)
An existing utility pole located within a right-of-way
which will serve as a support structure for a wireless communication
facility where the existing pole is not proposed to be modified in
a manner which, in the discretion of the Planning Commission, would
materially alter the structure and/or result in an impairment of sight
lines or other safety interests.
B.
Wireless communication facilities not meeting the above standards may be authorized as special land uses within certain districts subject to the standards and conditions set forth in § 515-130.
C.
If it is demonstrated by an applicant that a wireless communication facility may not reasonably be established as permitted under Subsections A and B above, wireless communication facilities may be permitted elsewhere in the community as a special land use, subject to the criteria and standards of § 515-130.
A temporary structure may be permitted, as specified
in this chapter, in accordance with the following:
A.
The temporary structure will be occupied only during
the period of construction of a new principal building on the same
lot or parcel or during the period of construction of a new principal
building on the same lot or parcel where the existing principal building
has been destroyed or damaged to the extent that it is uninhabitable.
B.
The owner or occupant of the principal building shall
be the owner or occupant of the temporary structure.
C.
The temporary structure shall comply with all applicable
zoning and building provisions regarding the construction of the structure
and its placement on the site.
D.
The temporary structure shall comply with all applicable
zoning and building provisions regarding the construction of the structure
and its placement on the site.
E.
The temporary residential structures shall be connected
to a sanitary sewage disposal system and water supply system approved
by the County Health Department or a public sewer and water system.
F.
The date for removal of the temporary structure shall
not exceed one year. The owner of the property shall be responsible
for removal of the structure in accordance with the specified removal
date. The temporary structure shall be removed within two weeks of
issuance of a certificate of occupancy.
