Wherever any provision of this chapter conflicts with the requirements,
regulations or limitations imposed by any other law or ordinance,
the law or ordinance with more stringent provisions shall govern.
Uses permitted within any district shall conform to the following
standards of use, occupancy, and operation:
A. Smoke:
(1)
Emission; exceptions. It shall be unlawful for any person, firm
or corporation to permit the emission of any smoke from any source
whatever to a density greater than that density described as No. 2
on the Ringelmann Chart; provided that the following exceptions shall
be permitted:
(a)
Smoke, the shade or appearance of which is equal to but not
darker than No. 3 on the Ringelmann Chart for a period, or periods,
aggregating four minutes in any 30 minutes.
(b)
Smoke, the shade or appearance of which is equal to but not
darker than No. 3 of the Ringelmann Chart for a period or periods,
aggregating three minutes in any 15 minutes, when building a new fire
or when breakdown of equipment occurs such as to make it evident that
the emission was not reasonably preventable.
(2)
Method of measurement. For the purposes of grading the density
of smoke, the Ringelmann Chart, as now published and used by the United
States Bureau of Mines, which is hereby made a part of this article,
shall be the standard. However, the Umbrascope readings of smoke densities
may be used when correlated with the Ringelmann Chart.
B. Dust, dirt and fly ash.
(1)
No person, firm or corporation shall operate or cause to be
maintained any process for any purpose, or a furnace or combustion
device for the burning of coal or other natural or synthetic fuels,
without maintaining and operating while using said process or furnace
or combustion device, recognized and approved equipment means, method,
device or contrivance to reduce the quantity of gas borne or airborne
solids of fumes emitted into the open air, which is operated in conjunction
with said process, furnace, or combustion device so that the quantity
of gas borne or airborne solids shall not exceed 9.29 grains per cubic
foot of the carrying medium at a temperature of 500° F.
(2)
Method of measurement. For the purpose of determining the adequacy
of such devices these conditions are to be conformed to when the percentage
of excess air in the stack does not exceed 50% at full load. The foregoing
requirement shall be measured by the ASME Test Code for dust-separating
apparatus. All other forms of dust, dirt and fly ash shall be completely
eliminated insofar as escape or emission into the open air is concerned.
The Zoning Administrator may require such additional data as is deemed
necessary to show that adequate and approved provisions for the prevention
and elimination of dust, dirt and fly ash have been made.
C. Open storage:
(1)
The open storage of any equipment, vehicles, and all materials,
including wastes, shall be screened from public view from public streets
and adjoining properties by an enclosure consisting of a wall or an
obscuring fence not less than eight feet in height, except as otherwise
provided herein. Scrap, junk cars and other junk materials shall not
be piled or stacked as open storage to a height in excess of 25 feet.
Sand, gravel, aggregate, slag or other materials of this nature, piled
or stored outside buildings shall not exceed the height of 40 feet.
D. Glare and radioactive materials:
(1)
Glare from any process which emits harmful rays shall be completely
shielded from public view. Radioactive materials and wastes, including
electromagnetic radiation such as X-ray machine operation, shall not
emit radiation at levels which exceed quantities established as safe
by the United States Bureau of Standards, when measured at the property's
lot lines.
E. Fire and explosive hazards:
(1)
The storage, utilization or manufacture of materials, goods
or products ranging from incombustible to moderate burning, as determined
by the fire department, is permitted, subject to compliance with all
other performance standards of this chapter.
(2)
The storage, utilization, or manufacture of combustible materials,
goods, or products ranging from free or active to intense burning,
as determined by the fire department, is permitted subject to compliance
with all other yard requirements and performance standards of this
chapter, providing that the following conditions are met:
(a)
Said materials or products shall be stored, utilized or produced
within completely enclosed buildings or structures having incombustible
exterior walls, which meet the requirements of the Building Code.
(b)
All such buildings or structures shall be set back at least
40 feet from lot lines and all such buildings or structures shall
be protected throughout by an automatic sprinkler system installed
pursuant to the applicable state or local fire code.
(c)
The storage and handling of flammable liquids, liquefied petroleum,
gases, and explosives shall comply with the state rules and regulations
as established by Public Act No. 207 of 1941, as amended (MCLA § 29.2
et seq., MSA § 4.559 et seq.)
F. Noise:
(1)
Noise from any use of property shall not exceed 55 dB(A) as
measured at the property line of the use emitting such noise. Exceeding
this level shall constitute prima facie evidence that such noise unreasonably
disturbs the comfort, quiet and repose of persons in the area. The
"dB(A)" represents the sound pressure level in decibels measured on
the "A" scale of a standard level meter. Temporary uses such as lawn
mowers, snow blowers and portable generators are excepted, provided
such uses does not exceed one hour per 24 hours. Portable generators
may be utilized for the entire period of a power outage.
[Amended 5-27-2014 by Ord. No. 2014-005]
A. A. General provisions. All fences and walls shall comply with the
following standards.
(1)
Approval required. No fence or wall shall be erected prior to the submittal of an application to the Zoning Administrator and the issuance of a certificate of zoning compliance. Such an application shall comply with the site plan or plot plan requirements of Article
XXII, as applicable, and shall clearly and accurately depict the location, height and construction details for the fence or wall. The Zoning Administrator shall approve a fence or wall application if it complies with the standards of this section and all other provisions of this Zoning Ordinance, except that the Planning Commission shall be the approval body for uses requiring site plan approval.
(2)
Finished side. The finished side of a fence or wall shall face
the exterior of the property on which it is located, the finished
side being that side on which structural, framing and similar less
ornamental features are less visible.
(3)
Sharp objects/electrification. Fences and walls with barbs,
spikes, nails, or other sharp or electrified devices shall be prohibited
except where expressly authorized by the Planning Commission during
site plan review proceedings, upon the finding of a practical need
for such fencing and that such barbs, spikes, nails, or other sharp
or electrified devices are a minimum of eight feet above the ground
below.
(4)
Clear vision. No fence or wall shall be erected along or near
a street in such a manner as to obstruct safe, free and clear vision
of oncoming traffic or vehicles attempting to access such street or
negotiate movement through an intersection.
(5)
Gates. No fence or wall shall include gates that open over an
alley, public right-of-way or other public property.
(6)
Materials and maintenance. Fences and walls shall be constructed
of materials designed and intended for such purposes. In no case shall
a fence or wall be constructed of tires, vehicle parts, rotting lumber,
pallets, glare-producing materials, trash or any materials capable
of providing habitat for pests or vermin. All fences and walls shall
be maintained in good exterior and structural condition.
(7)
Vertical support heights. Vertical supports of a fence or wall,
such as in the case of a post or column, may exceed the maximum specified
fence and wall heights of this section by no more than four inches.
(8)
Height increases. Where a use is subject to site plan approval
by the Planning Commission, the Planning Commission may grant a maximum
25% increase in the specified maximum fence or wall heights of this
section, upon a finding that unique conditions are present that substantiate
the need for an increased height. Such unique conditions may pertain
to, by example, public safety concerns, special screening issues,
or special operational aspects of the use of the lot.
B. Residential and agricultural districts. Fences and walls in the AG,
RA, RB, and RC districts, and any other agricultural and residential
districts, shall comply with the following:
(1)
Obscuring fences and walls:
(a)
Side and rear yards. Obscuring fences and walls are permitted
in side and rear yards, subject to the following standards:
[1] Minimum setback. No setback is required except
that in the case of a multiple-family development and any nonresidential
use, where the Planning Commission determines tree or shrub plantings
along the exterior side of the fence or wall are necessary during
site plan review proceedings to mitigate impacts or otherwise enhance
the character of the development, the Planning Commission may require
a setback not to exceed 15 feet.
[2] Maximum height: six feet.
(b)
Front yards. Obscuring fences and walls are prohibited in a
front yard except as provided below:
[1] In the case of a corner lot, an obscuring fence
or wall may be erected along one of the front yards subject to the
following limitations:
[a] Minimum setback. The minimum setback from the front
lot line of the yard in which the fence or wall is to be located shall
be a minimum of 10 feet.
[b] Maximum height: six feet.
[c] Yard selection. The fence or wall shall not be
erected in a front yard adjacent to a major street as defined in this
chapter, unless both front yards are adjacent to a major street.
[d] Maximum length. The fence or wall shall not extend
along the front yard in which it is located, toward the other front
yard, beyond the leading edge of the building's facade facing
such other yard.
[2] In the case of a through-lot, an obscuring fence
or wall may be erected within one of the front yards subject to the
following limitations:
[a] Minimum setback. The minimum setback from the respective
front lot line shall be equal to the district's required minimum
front yard setback for the principal building on the lot.
[b] Maximum height: six feet.
[c] Yard selection. The fence or wall shall not be
erected in a front yard adjacent to a major street as defined in this
chapter, unless both front yards are adjacent to a major street.
(2)
Ornamental fences and walls:
(a)
Side and rear yards. Ornamental fences and walls, including
wire-woven, chain-link, and other mesh-like fencing that is commonly
used to contain farm animals, are permitted in side and rear yards
subject to the following standards:
[1] Minimum setback: No setback is required.
[2] Maximum height: six feet.
(b)
Front yards: Ornamental fences and walls are permitted in a
front yard, subject to the following standards:
[1] Minimum setback. The minimum setback from the front
lot line shall be two feet. No setback is required from side and rear
lot lines within a front yard.
[2] Maximum height: four feet.
[3] Materials and design. Ornamental fences and walls
shall be of a minimum 50% open construction for all portions of such
fence or wall in excess of three feet in height. "Open construction"
shall be construed to mean the allowance of visibility through the
fence or wall, measured across any one square foot of its vertical
surface and as viewed perpendicularly to the fence or wall.
(3)
Exemptions. Fences and walls for the purpose of confining livestock in association with agriculture in the AG District are exempt from the provisions of this Subsection
B.
C. Commercial and industrial districts. Fences and walls in BOS, CBD,
GB, I-1 and I-2 Districts, and any other commercial and industrial
districts, shall comply with the following:
(1)
Obscuring fences and walls:
(a)
Side and rear yards. Obscuring fences and walls are prohibited
in side and rear yards in the CBD. Obscuring fences and walls are
permitted in side and rear yards in the BOS, GB, I-1 and I-2 Districts,
and any other commercial and industrial districts, subject to the
following standards:
[1] Minimum setback. No setback is required except
where the Planning Commission determines tree or shrub plantings along
the exterior side of the fence or wall are determined necessary during
site plan review proceedings to mitigate impacts or otherwise enhance
the character of the development, in which case the setback shall
be as determined necessary by the Planning Commission but not to exceed
15 feet.
[2] Maximum height: six feet, except that a maximum
height of 10 feet may be approved during site plan review proceedings
upon the Planning Commission finding the proposed increased height
is necessary due to the nature of the particular use and such increased
height shall not unreasonably impact adjacent properties.
(b)
Front yards. Obscuring fences and walls in front yards are prohibited
in BOS, CBD, GB, and any other commercial districts. Obscuring fences
and walls in front yards in I-1, I-2 and any other industrial districts,
are prohibited except upon a finding by the Planning Commission during
site plan review proceedings that the practical development and use
of the site necessitates the use of such obscuring fence or wall in
the front yard and that the proposed height, setback, design and construction
materials shall be compatible with surrounding conditions. However,
in no case shall such fence or wall exceed eight feet in height and
be less than 40 feet from the front lot line.
(2)
Ornamental fences and walls.
(a)
Side and rear yards. Ornamental fences and walls, including
wire-woven, chain-link, and other mesh-like fencing that is commonly
used to contain farm animals, are permitted in side and rear yards
subject to the following standards:
[1] Minimum setback. No setback is required except
where the Planning Commission determines tree or shrub plantings along
the exterior side of the fence or wall are determined necessary during
site plan review proceedings to mitigate impacts or otherwise enhance
the character of the development, in which case the setback shall
be as determined necessary by the Planning Commission but not to exceed
10 feet.
[2] Maximum height: six feet, except that a maximum
height of 10 feet may be approved during site plan review proceedings
upon the Planning Commission finding the proposed increased height
is necessary due to the nature of the particular use and such increased
height shall not unreasonably impact adjacent properties.
(b)
Front yards. Ornamental fences and walls are permitted in a
front yard, subject to the following standards:
[1] Minimum setback. No setback is required except
where the Planning Commission determines tree or shrub plantings along
the exterior side of the fence or wall are necessary during site plan
review proceedings to mitigate impacts or otherwise enhance the character
of the development, in which case the setback shall be as determined
necessary by the Planning Commission but not to exceed five feet in
the CBD District and 15 feet in all other districts.
[2] Maximum height. Four feet, except that the Planning
Commission may approve fence and wall heights of not greater than
six feet during site plan review proceedings, upon a finding that
the additional height is in keeping with surrounding conditions, the
fence is compatible in design, location and scale with adjacent developed
lots, is compatible with site features on adjacent developed lots,
and/or otherwise enhances the visual appearance of the site as viewed
from adjacent lots and road corridors.
[3] Materials and design. Any portion of a decorative
fence or wall in excess of four feet in height, as may be approved
by the Planning Commission according to subsection above, shall be
of a minimum 50% open construction. "Open construction" shall be construed
to mean the allowance of visibility through the fence or wall, measured
across any one square foot of its vertical surface and as viewed perpendicularly
to the fence or wall.
Permitted Fence Height and Location
|
[Amended 4-10-2012 by Ord. No. 2012-001; 1-22-2018 by Ord. No. 2018-001]
Accessory buildings, structures and uses, except as otherwise
permitted in this chapter, shall be subject to the following regulations.
A. Attached. An accessory building, including carports which are attached
to the principal building, shall comply in all respects with the requirements
of this chapter applicable to the principal building.
B. Separation distance. An accessory building or structure unless attached
and made structurally a part of the principal building, shall not
be closer than 10 feet to any other structure on the lot, except that
no separation setback is required in the case of an unenclosed breezeway,
or decks, porches, patios and similar features, that do not exceed
30 inches in height at their highest point including posts and railings
and do not unreasonably interfere with nonvehicular emergency access.
C. Placement. Except for fences, accessory buildings and structures
are subject to all setback requirements from the street applying to
the principal building. Except for docks, boathouses, and pump houses
on waterfront lots, accessory buildings shall not be erected in the
required front yard setback. Except for fences, no accessory building
or structure shall be closer than five feet to any interior side or
rear lot line.
D. Lot coverage. An accessory building or structure shall not occupy
more than 30% of the area of a required rear yard and in no instance
shall the accessory building or structure exceed the ground floor
area of the principal building, except that an accessory building
or structure may occupy up to 50% of the area of a rear yard of a
nonconforming lot of record, and side and rear yard setbacks are met.
E. Accessory farm buildings and structures. Accessory buildings on farms
in AG Districts are excluded from these regulations, provided; however,
residential lots separate from a farm operation shall comply with
requirements of this § 155-23.04.
F. Front yard. In all zones the minimum required front yard setback
shall be the same as required for the principal building. A detached
accessory building may be located between the minimum required front
yard setback and the principal building provided the accessory building
is setback from the side yard lot line the same distance as required
for the principal building.
[Added 10-27-2009 by Ord.
No. 2009-002]
An on-site use wind energy system and an anemometer are an accessory
use which shall meet the following standards:
A. Designed to primarily serve the needs of a home, farm, or small business.
B. Shall have a tower height of 20 meters or less.
C. Property setback. The distance between an on-site use wind energy
system and the site's property lines shall be equal to or greater
than 1 1/2 times the height of the wind energy system tower,
including the top of the blade in its vertical position. The distance
between an anemometer tower and the site's property lines shall
be equal to or greater than 1 1/2 times the height of the tower.
No part of the wind energy system structure, including guy wire anchors,
may extend closer than 10 feet to the owner's property lines,
or the distance of the required setback in the respective zoning district,
whichever results in the greater setback.
D. Sound pressure level. On-site use wind energy systems shall not exceed
55 dB(A) at the property line closest to the wind energy system. This
sound pressure level may be exceeded during short-term events such
as utility outages and/or severe wind storms. However if the ambient
sound pressure level exceeds 55 dB(A), the sound pressure level that
shall not be exceeded shall be ambient dB(A) plus 5 dB(A).
E. Construction codes, towers, and interconnection standards. On-site
use wind energy systems, including towers shall comply with all applicable
state construction and electrical codes and local building permit
requirements. On-site use wind energy systems, including towers, shall
comply with Federal Aviation Administration requirements, the Michigan
Airport Zoning Act (Public Act 23 of 1950, MCLA § 259.431
et seq.), the Michigan Tall Structures Act (Public Act 259 of 1959,
MCLA § 259.481 et seq.), and local jurisdiction airport
overlay zone regulations. An interconnected on-site use wind energy
system shall comply with Michigan Public Service Commission and Federal
Energy Regulatory Commission standards. Off-grid systems are exempt
from this requirement.
F. Safety. An on-site use wind energy system shall have automatic braking,
governing, or a feathering system to prevent uncontrolled rotation
or over speeding. All wind towers shall have lightning protection.
If a tower is supported by guy wires, the wires shall be clearly visible
to a height of at least six feet above the guy wire anchors. The minimum
vertical blade tip clearance from grade shall be 20 feet for a wind
energy system employing a horizontal axis rotor.