[Ord. No. 186 §1-46, 9-14-1992]
Recognizing that certain uses may be desirable when located in the community, but that these uses may be incompatible with other uses permitted in a district, certain conditional uses when found to be in the interest of the public health, safety, morals and general welfare of the community may be permitted, except as otherwise specified, in any district from which they are prohibited. Before the location or establishment thereof or before any change of use of the premises existing at the time of the effective date of the regulations are permitted as herein provided is made, preliminary plans in sufficient detail and a statement as to the proposed use of the buildings, structures and premises shall be submitted to the Board of Adjustment. The Board of Adjustment shall hold a public hearing as provided in Section 405.200 and shall review such plans and statements and shall, after a careful study thereof and the effect that such buildings, structures or uses will have upon the surrounding territory, submit a recommendation to the Board of Aldermen within thirty (30) days following said hearing. Following receipt of the Board of Adjustment's report, the Board of Aldermen may, within the specifications herein provided, permit such buildings, structures or uses where requested, provided that the public health, safety, morals and general welfare will not be adversely affected, that ample off-street parking facilities will be provided and that necessary safeguards will be provided for the protection of surrounding property, persons and neighborhood values.
[Ord. No. 186 §1-47, 9-14-1992]
When found to be in the interest of the public health, safety,
morals and general welfare, the Board of Adjustment is hereby authorized
to approve any and all additions or structural alterations to conditional
uses after they have qualified and have been approved by the Board
of Aldermen.
[Ord. No. 186 §1-48, 9-14-1992]
The issuance of special permits is hereby delegated to the Board
of Zoning Adjustment.
In considering an application for a special permit for any use,
the Board shall take into account the following: Accessibility of
the property involved to Fire and Police protection; access of light
and air to the property and to adjoining properties; traffic conditions;
transportation requirements and facilities; the size, type and kind
of buildings, uses and structures in the vicinity and the suitability
of the proposed use to the said buildings, uses and structures, including
the proposed use to the said buildings, uses and structures, including,
but not limited to, the safety and convenience of persons apt to gather
in said buildings and any decrease or impairment in the market value
of said buildings, uses and structures if the proposed use be granted;
provision and adequacy of utilities, access roads, drainage and/or
necessary facilities; the general safety, health, peace, comfort and
general welfare of the community at large; the location and size of
the proposed use; the nature and intensity of the operations involved;
the size of the site in relation to the use and the location of the
site with respect to existing or future streets giving access to it;
that the location, nature and height of buildings, walls and fences
not discourage the appropriate development and use of adjacent land,
uses, structures and buildings or impair the value thereof; and that
the special permit use, in all other respects, conforms to the applicable
regulations of the district in which it is located except as such
regulations shall, in each instance, be expressly modified by the
Board.
Operations in connection with any special permit use shall not
be more objectionable to nearby properties by reason of noise, fumes,
vibration or lights than would be the operations of any use permitted
by right.
Prior to determination of any application for a special permit
use, the Board of Adjustment shall request and review a recommendation
from the Planning Commission as to all of the above general considerations.
It is further provided that in granting or denying a special
permit, the Board shall specify in the decision the particular grounds
relied upon and their relation to the proposed use.
[Ord. No. 186 §1-49, 9-14-1992]
A.
Application And Reference. An application for special permit
use shall be filed with the Board of Adjustment. The application shall
be accompanied by such plans and/or data for site plan approval by
the Planning Commission and shall include a statement in writing by
the applicant and adequate evidence showing that the proposed special
permit use will conform to the standards set forth in these regulations.
Such application shall be forwarded from the Board of Adjustment to
the Planning Commission with a request to review said application
and accompanying data and submit written recommendations thereon to
the Board of Adjustment within thirty (30) days after receipt of same.
B.
Hearing. Upon receipt of the formal application and all
accompanying material, a public hearing shall be called for the next
scheduled meeting of the Board of Adjustment to be held at least fifteen
(15) days following receipt of the Planning Commission report and
recommendations. The Board of Adjustment shall submit a notice for
publication in one (1) newspaper of general circulation in the City
to be published at least fifteen (15) days prior to the public hearing.
The Board shall render and file as a public record its decision not
later than sixty (60) days after the close of the public hearing on
which the application was heard.
C.
Other Procedures. All other procedures for special permits
shall follow the procedures set forth in these regulations governing
applications before the Board. Every special permit shall also conform
to all special findings relating thereto that are required by these
regulations. The Board may also require, as a condition of issuance
of any special permit, that it be periodically renewed; or may issue
any special permit for a specific period of time, subject to adequate
guarantees that the use covered will be terminated at the end of the
period specified or such extension thereof as may be granted by said
Board. Any such renewal or extension shall be subject to the same
procedure and requirements as specified herein for the original issuance
of the special permit involved. In granting a special permit or a
renewal or extension thereof, the Board shall file a written report
setting forth the applicable additional requirements and conditions
and special findings for granting or denying such permit, renewal
or extension.
A special permit will be deemed to authorize only one (1) particular
special use and shall expire automatically, without revocation by
the Board, unless:
1.
A building permit to effectuate such use is obtained within twelve
(12) months following the decision of the Board issuing the special
permit;
2.
If a building permit is not required, substantial evidence of use
is filed within the twelve (12) month period. A special permit, including
the use of all buildings, structures and land in connection therewith,
shall expire if the special use shall cease or be abandoned for more
than twelve (12) months for any reason. Violation of these conditions
of a special permit shall be considered a violation of these regulations.
D.
On Lots Divided By District Boundaries. In appropriate cases
where a lot lies within the two (2) districts, the Board of Adjustment
may permit the extension of an existing or proposed building structure
or accessory off-street parking space. The district requiring the
greater number of parking spaces shall apply to all of the lot. Parking
spaces on such a lot may be located without regard to district lines,
provided that no such parking spaces shall be located in any residential
district, unless the use to which they are accessory is permitted
in such district.
[Ord. No. 186 §1-50, 9-14-1992]
No accessory building shall be constructed upon a lot until
the construction of the main building has been actually commenced.
No accessory building shall be used unless the main building on the
lot is also used. Construction of basements to be used temporarily
as residence for a period of not more than two (2) years is permitted,
provided the approval of all property owners within two hundred (200)
feet in each direction is secured before finding is made such use
will not adversely affect another property holder.
[Ord. No. 186 §1-51, 9-14-1992; Ord. No. 291 §1, 3-8-2010]
A.
The
purpose of these fence and hedge regulations is to establish criteria
for the location, maintenance and appearance of fences and hedges
within the City. The intent is to ensure the safe visibility of pedestrian
and vehicular traffic.
1.
Permit required. A fence permit shall be obtained and the required fee paid as set out in Section 500.010 before installation of any fence. A diagram indicating the location of the proposed fence, property lines, setbacks and buildings, and a typical detail of the fence showing the material and general appearance of the fence shall be submitted with the permit request.
2.
For all property within the City, no person or business shall erect
or maintain a sight-obscuring fence forward from the front building
line, excluding any and all porches, decks, patios or similar appurtenances,
except where otherwise authorized by this Code.
3.
Fences over three (3) feet in height and with more than fifty percent
(50%) obscured shall be deemed to be a sight-obscuring fence.
4.
Fences shall not exceed four (4) feet in height in any front yard
area, six (6) feet in height in any side yard area and eight (8) feet
in height in any rear yard area of any property used for residential
purposes.
5.
Commercial or industrial buildings adjacent to residential properties
shall install a six (6) foot high sight-obscuring fence constructed
of a consistent solid material such as wood or block. The fence shall
be so constructed so that the finished side is facing the residential
properties.
6.
The height of a fence shall be measured from the highest adjoining
finished grade.
7.
No person shall erect or maintain any barbed wire fence except under
the following circumstances:
a.
When the barbed wire fence is erected and maintained as an integral
part of the security fence for non-residential properties only, provided
that the barbed wire is not maintained within five (5) feet of the
ground; or
b.
When the barbed wire fence is erected or maintained around a tract
of land used for agricultural purposes as defined by the zoning laws
of the City of Dearborn.
c.
In no case shall razor wire be permitted in any zone within City
limits except as used by official governmental agencies.
8.
No person shall erect or maintain any electrical fence.
9.
No fence shall be constructed within any drainage easement or floodway
unless the appropriate City Official has advised that the fence shall,
in all probability, not interfere with or impair the natural flow
of water across the drainage easement or floodway.
10.
All fences shall be designed, erected and maintained in accordance
with the following:
a.
All fences shall be maintained in good repair and in their original
upright position.
b.
No fence shall be maintained with protruding nails, boards, wires
or other similar materials.
c.
All fences shall be constructed of a consistent material such as
chain link, wood, concrete block, brick, stone, wrought iron or other
like material.
d.
Missing boards, pickets or posts shall be replaced in a timely manner
with material of the same type and quality.
e.
All fences shall be constructed with the finished side facing outward
from the property or with both sides finished. The post and support
beams shall not be on the outside.
f.
Wood fences shall be constructed of material which is naturally resistant
to insects and decay or has been treated to resist insects and decay
underground.
g.
All posts used for any type of fencing shall be set in a concrete
base.
11.
Any swimming pool area, where the pool depth is two (2) feet or more,
shall be entirely enclosed and separated from the remainder of the
property by a protective fence or other permanent structure at least
four (4) feet in height, with locked gates or entrances. A permanent
fence shall be in place during construction of any pool. Arrangements
may be made with the Chief Building Official to provide a temporary
section of fence during pool construction to allow for ingress and
egress. A sight-obscuring or other approved fence constructed on the
property lines adjacent to the pool may be considered a protective
fence meeting this requirement.
