[Ord. No.
235A, effective 11-24-1996; Ord. No. 272, effective 8-29-1999; Ord. No. 293, effective 9-24-2000]
The standards and regulations listed in this
article shall apply to all uses, buildings and structures within all
zoning districts unless otherwise addressed.
The provisions of this chapter shall not be
construed to interfere with the temporary use of any property as a
voting place in connection with a Township, school or other public
election.
No zoning lot may contain more than one principal
building, structure or use, except groups of multiple-family dwellings
under the same ownership, condominium developments, mobile or manufactured
housing parks, shopping centers or office and industrial complexes.
[Amended 11-13-2006 by Ord. No. 06-07; 12-13-2010 by Ord. No. 10-05]
A land use which is not cited by name as a permitted use in
a zoning district may be permitted upon determination by the Planning
Commission that such use is clearly similar in nature and compatible
with the principal uses permitted by right, special land use, or as
a permitted accessory use listed in that district. Such determination
shall be made at a public hearing, with notice given following the
procedures contained in Article 22. Such public hearing shall not
replace the requirement for a separate public hearing to consider
special land use approval, following the procedures and requirements
of Article 22, if such use is determined to be a special land use.
The applicant shall be required to submit pertinent information on
the physical and operational characteristics of the proposed use and
any additional information that may be requested by the Planning Commission.
In making a determination of similarity and compatibility with the
listed uses in that district, the Planning Commission shall consider
the following:
A.
Determination of compatibility. In making the determination of compatibility,
the Planning Commission shall consider specific characteristics of
the use in question and compare such characteristics with those of
the uses which are expressly permitted by right or special land use
in the district. Such characteristics shall include, but are not limited
to, traffic generation, parking, types of service offered, types of
goods produced, methods of operation, and building characteristics.
B.
Conditions by which use may be permitted. If the Planning Commission
determines that the proposed use is compatible with permitted uses
in the district, the Commission shall decide whether the proposed
use is most similar to those permitted by right, as a special land
use, or as a permitted accessory use. The proposed use shall be subject
to the review and approval requirements for the district in which
it is located. The Planning Commission shall have the authority to
establish additional standards and conditions under which a use may
be permitted in a district.
C.
Use provided for in other district. No use shall be permitted in
a district under the terms of this section if said use is specifically
listed as a use permitted by right or as a special land use in any
other district.
D.
Prohibited uses. Certain uses may not be appropriate within the Township
of Grosse Ile given the existing development pattern, environmental
condition, limited road access to the island and overall character
in the community. In accordance with the Michigan Zoning Enabling
Act, Public Act 110 of 2006, a zoning ordinance or zoning decision
can prohibit establishment of a requested land use within a Township
upon a finding that there is not an appropriate location within the
Township or the use is unlawful, even if there is a demonstrated need
for that land use in the Township or surrounding area. In finding
that there is no appropriate location for the use within the Township,
the Planning Commission shall consider the following:
(1)
The land area required by the proposed use;
(2)
Existing environmental conditions and potential environmental
hazards;
(3)
The potential impact on surrounding properties in terms of traffic,
noise, lighting, property valuation and views;
(4)
Demand and capacity of utilities and municipal services to support
the proposed use; and
(5)
The applicant cannot demonstrate to the satisfaction of the
Planning Commission that there is not an alternative land use that
will provide the property owner with a reasonable rate of return on
investment.
E.
Other laws and ordinances: Any use that would constitute a violation
of any other federal, state or local law or regulation shall be prohibited.
[Amended 7-23-2007 by Ord. No. 07-02]
All lots, buildings, and structures shall comply
with the following general yard and bulk regulations unless specifically
stated otherwise in this chapter:
A.
General compliance.
(1)
Every building hereafter erected on a lot or
parcel of land created subsequent to the effective date of this chapter
shall comply with the lot size, lot coverage, and setback requirements
for the district in which it is located.
(2)
No yards in existence on the effective date
of this chapter shall subsequently be reduced below, or further reduced
if already less than, the minimum yard requirements of this chapter.
The maintenance of yards and other open space and minimum lot area
legally required for a building shall be a continuing obligation of
the owner of such building or of the property on which it is located
for as long as the building is in existence.
B.
Exceptions to required yards. The following structures
and projections shall be permitted when located in the required yards,
as specified:
(1)
In all required yard setbacks, the following
shall be permitted:
(a)
Awnings and canopies that project two feet or
less into the required yard;
(b)
Steps or access ramps necessary for access that
are four feet or less above grade;
(c)
Driveways, sidewalks, pathways, and boardwalks
two feet or less above grade;
(d)
Chimneys that project two feet or less into
the required yard;
(e)
Approved freestanding signs;
(f)
Arbors and trellises;
(g)
Flagpoles;
(h)
Window air-conditioning units;
(i)
Fences and walls, except in waterfront yards
and subject to applicable restrictions set forth herein; and
(2)
Residential lots or parcels fronting onto the
Detroit River or a canal and abutting a public or private road shall
maintain the yard (both required and non-required yard) which fronts
on the water as an open, unobscured yard, except that a boat port
or boat dock/well, a swimming pool and other allowable waterfront
structures shall be permitted in accordance with Article 17.
(3)
In required front yard setbacks the following
shall be permitted:
(a)
Open paved terraces not over three feet above
the average grade of the adjoining ground and not projecting farther
than 10 feet into the required front yard setback, but not including
roofed-over terraces or porches; and
(b)
Bay windows, overhanging eaves, and other architectural
features which project three feet or less into the required front
yard setback.
(4)
In required side yard setbacks; bay windows,
overhanging eaves and other architectural features which project no
more than two inches for each one foot of width of the side yard setback
shall be permitted, provided that such features shall not project
farther than three feet into the required side yard setback and such
features shall maintain a minimum separation of 10 feet from any building
or other such feature on an adjacent property.
(5)
In required rear yard setbacks, open paved terraces,
decks and open porches not over three feet above the average grade
of the adjoining ground and not projecting farther than 10 feet into
the required rear yard setback shall be permitted. Roofed-over terraces
or porches, bay windows, overhanging eaves, and other architectural
features which project three feet or more into the required rear yard
setback shall be subject to the requirements for principal buildings.
C.
Permitted height. No structure shall be erected, converted,
enlarged, reconstructed or structurally altered subsequent to the
effective date of this chapter to exceed the maximum height established
for the district in which the structure is located, except as follows:
(1)
Chimneys, church spires, cupolas, domes, towers,
water tanks, chimneys, smokestacks and monuments may be erected to
a height up to 60 feet, as shown on an approved site plan.
(2)
Flag poles may be up to 40 feet tall.
(3)
Structural extensions appropriate to the building
design, such as cornices and pediments, may be up to five feet above
the stated height limit of the zoning district, as shown on an approved
site plan.
(4)
Mechanical equipment, including elevator housings,
stairways, tanks, heating, ventilation and air-conditioning equipment,
and other similar equipment, located on the roof of any building shall
comply with the height limit established for the district in which
the structure is located and the following standards:
(a)
All such equipment shall be screened from view
at the property line by a pediment, solid wall or architectural feature
that is constructed of the same material and compatible in appearance
with the principal building.
(b)
Roof-mounted equipment shall not exceed a height
of 10 feet above the surrounding roof surface, and shall occupy no
more than 15% of the total roof area.
A.
No structure shall be erected on property which does not directly abut for at least 60 feet upon a public road right-of-way or a private road that complies with the requirements of Chapter 205, Roads and Driveways, of the Municipal Code, except within the R-1-C Single-Family Residential District and Macomb Street District where the minimum frontage requirement shall be 40 feet.
B.
No land which is located in a residential district
shall be used for a driveway or other access to land which is located
in a nonresidential district.
No fence, wall, structure, or planting shall
be erected, established, or maintained on any corner lot which will
obstruct the view of drivers in vehicles approaching the intersection.
Fences, walls, structures, or plantings located in the triangular
area described below shall not be permitted to exceed a height of
30 inches above the lowest point of the intersecting road(s). The
unobstructed triangular area is described as follows:
A.
The area formed at the corner intersection of two
road right-of-way or easement lines, the two sides of the triangular
area being 30 feet in length measured along abutting public right-of-way
lines, and the third side being a line connecting these two sides;
or
B.
The area formed at the corner intersection of a road
right-of-way or easement and a driveway, the two sides of the triangular
area being 10 feet in length measured along the right-of-way line
and edge of the driveway, and the third side being a line connecting
these two sides.
In all districts, so-called entranceway structures, including but not limited to walls, columns, and gates marking entrances to single-family subdivisions or multiple-family housing projects, office complexes, shopping centers and industrial parks, may be permitted. Such entrance features may be located in a required yard, provided such entranceway structures meet the requirements of § 285-19.8, Corner clearance, and are approved by the Department of Community Development. A permit from the Wayne County Department of Public Services shall be required if the entrance feature is in the public right-of-way.
Essential services shall be permitted as authorized
and regulated by state, federal, and local ordinances and laws. Proposals
for construction of essential services shall be subject to review,
following the procedures and requirements of Article 21 and Article
22, as applicable, it being the intention of the Township to achieve
efficient use of the land and alleviate adverse impact on nearby uses
or lands. Essential services shall comply with all applicable regulations
that do not affect the basic design or nature of operation of said
services.
[Amended 1-13-2003 by Ord. No. 03-01.5; 7-23-2007 by Ord. No. 07-02]
Accessory structures and uses shall comply with
the following regulations:
A.
Timing of construction. No accessory structure or
use shall be constructed or established on a parcel unless there is
a principal building, structure, or use being constructed or already
established on the same parcel of land.
B.
Attached accessory structures. Accessory structures
attached to the principal building or structure shall be considered
part of the principal building for the purposes of determining conformance
with area, setback and bulk requirements. Detached accessory structures
shall be no less than 10 feet from the principal building or structure.
C.
Permitted number of accessory buildings. Only one
detached accessory building per principal structure is allowed.
D.
Detached accessory structure location. Detached accessory
structures shall meet the following location requirements:
|
Type of Lot
|
Floor Area of Accessory Building
(square feet)
|
Yard Permitted
|
Setback Required
| |
|---|---|---|---|---|
|
Internal lot
|
900 or less
|
Rear yard
|
6-foot minimum from side or rear lot line: side yard: 6 feet;
rear yard; 6 feet
| |
|
Greater than 900, up to 1,200(a)
|
Rear yard
|
Must meet principal building side and rear yard setback requirement;
side yard: principal building setback requirement; rear yard: principal
building setback requirement
| ||
|
Greater than 1,200(a)
|
Rear yard
|
Side yard: height of accessory building; rear yard: principal
building setback requirement
| ||
|
Corner lot
|
900 or less
|
Rear yard
|
6-foot minimum from side or rear lot line and must be set back
from side street a distance equal to or greater than the principal
building; side yard: 6 feet; rear yard: 6 feet; side street: equal
to or greater than the principal building
| |
|
Greater than 900, up to 1,200(a)
|
Rear yard
|
Must meet principal building side and rear yard setback requirement
and must be set back from side street a distance equal to or greater
than the principal building; side yard: principal building setback
requirement; rear yard: principal building setback requirement; side
street: equal to or greater than the principal building
| ||
|
Greater than 1,200(a)
|
Rear yard
|
Side yard: height of the accessory building; rear yard: principal
building setback requirement; side street: equal to or greater than
the principal building
| ||
|
Through lot or double frontage lot
|
120 maximum
|
Side yard
|
Must meet same side yard setback as required for principal building;
side yard: principal building setback requirement; rear yard: principal
building setback requirement; front yards: equal to or greater than
the principal building
| |
|
Waterfront lot, other than the R-1-F District
|
120 maximum
|
Side yard waterfront yard
|
Must meet principal building side yard: principal building setback
requirement; waterfront yard: may not be located in the average shoreline
setback, except for waterfront structures permitted in Article 17
| |
|
Waterfront lot, R-1-F Hickory Island
|
900 or less
|
Street front yard
|
3-foot minimum from side yard: 3 feet; street front yard: 15
feet
|
|
NOTES:
| ||
|---|---|---|
|
(a)
|
Accessory buildings larger than 900 square feet shall only be allowed subject to the requirements of Subsection E below.
| |
E.
Detached accessory structure area and height. Detached
accessory buildings and structures shall meet the following maximum
floor area and height requirements:
(1)
On lots with an area less than 30,000 square
feet, the height of detached accessory buildings and structures shall
not exceed one story and 12 feet. The cumulative square footage of
all detached accessory structures and buildings shall not occupy more
than 25% of the rear yard and shall not exceed 900 square feet in
area.
(2)
On lots with an area of 30,000 square feet or
more, the area of accessory buildings shall be a maximum of 1,200
square feet and the height shall be a maximum of 15 feet. A half-story
is allowed within the roofed area above the main floor, provided that
it shall only be used for storage. The roof shall be a pitched roof
with the gable ends at the short sides of the building.
(3)
On lots with an area of 43,560 square feet or more, the maximum
allowable area of accessory buildings shall be 1,400 square feet,
and the maximum height shall be 17 feet. A half-story is allowed within
the roofed area above the main floor, provided it shall only be used
for storage. The roof shall be a pitched roof with the gable ends
at the short sides of the building.
[Amended 4-19-2012 by Ord. No. 12-02]
(4)
The Planning Commission may grant approval to
allow an accessory building larger than the above maximum floor area
where the following conditions are met. The public hearing procedures
and standards of Article 22, Special Land Use Review, shall be followed,
except that the Planning Commission shall be the approval authority.
(a)
The lot shall have an area of at least 30,000
square feet.
(b)
The accessory building shall be screened from
view of adjacent lots through a combination of setback, existing vegetation
and proposed landscaping, as depicted on a landscape plan.
(c)
The accessory building shall meet principal building rear yard
setbacks and be set back from the side lot lines a distance at least
equal to the height of the accessory building.
[Amended 4-19-2012 by Ord. No. 12-02]
(d)
The architecture shall be compatible with the
principal building, including architectural style, detailing and roof
pitch. The Planning Commission may require dormers or other features
to break up the mass of the roof.
(5)
On waterfront lots within the R-1-F District,
the ground floor area of detached accessory buildings shall be a maximum
of 900 square feet and the height shall be a maximum of 15 feet. A
half-story is allowed within the roofed area above the main floor.
F.
Use of accessory buildings. An accessory building
shall not be used as a dwelling. Residential plumbing shall not be
installed within accessory buildings. Accessory buildings shall not
be used for a home occupation or any business within a residential
zoning district.
G.
Conformance with lot coverage standards. Accessory
buildings and structures shall be included in computations to determine
compliance with maximum lot coverage standards.
H.
Site plan approval. If submission of a site plan for
review and approval is required, then said plan shall indicate the
location of proposed accessory structures and uses.
I.
Location of potential nuisances.
[Amended 4-19-2012 by Ord. No. 12-02]
(1)
Accessory uses and related structures that could produce noise,
odors, or other nuisances, such as, but not limited to, household
animal enclosures, dog runs, storage of wood, yard composting and
storage of maintenance equipment, shall be located in the rear yard
behind the principal structure.
(2)
Mechanical equipment, such as central air-conditioning units,
heat pumps and generators shall be located in the rear yard behind
the principal structure, except that the Zoning Administrator may
allow placement in the nonrequired side yard where a rear yard location
is not practical and adequate screening is provided from the adjacent
property.
(3)
Wood-burning furnaces located in an accessory structure shall
be prohibited.
J.
Conformance with zoning district standards. Accessory
buildings and structures shall be subject to the provisions set forth
in the particular zoning district.
Communication antennas or towers, including
radio, television, satellite dishes and other accessory noncommercial
transmitting, relay or reception antennas below 300 watts of output,
shall be permitted provided that such antennas conform to the provisions
of this section and other applicable Township codes. Television, radio
antennas and satellite dishes are exempted from the regulations of
this section provided the diameter is one meter (39.4 inches) or less
in any zoning district that permits residential and two meters (78.8
inches) or less in any zoning district that does not permit residential.
A.
Only one antenna shall be permitted on each single-family
residentially zoned parcel for personal use by the occupant of the
residence, in addition to one traditional residential television antenna.
B.
Antennas, towers or satellite dish antennas shall
be located in a side or rear yard only.
C.
Ground-mounted satellite dish antennas shall be obscured
from the view of the public right-of-way and adjacent properties by
a screening wall or fence, evergreen plantings, or a combination of
the above.
D.
Antennas shall not be located where they will block
fire lanes or utility easements.
E.
The setbacks for such antennas from all lot lines
shall be a distance equal to the height of such antennas, provided
that no portion of an antenna, including a satellite dish antenna,
shall be located closer than six feet, measured on a horizontal plane,
to any side or rear lot line.
F.
The diameter of antennas and satellite dishes shall
not exceed 10 feet.
G.
No advertising or identification display shall be
placed on any portion of an antenna or tower, including a satellite
dish antenna.
H.
I.
Erection or movement of an antenna, tower or satellite
dish shall require a building permit. The applicant shall submit a
sketch plan to the Zoning Administrator for approval. The sketch plan
shall indicate the location and height of the satellite dish and buildings,
paved areas and other appropriate site features within 100 feet of
the proposed location.
J.
Variances. The Zoning Board of Appeals may grant a
variance from these standards upon determining compliance with the
standards of this section would not provide reasonably good reception,
that the variance requested is the minimum necessary to provide reasonably
good reception and that any negative impact on adjacent properties
shall be minimized to the maximum extent practical.
The following regulations shall be met by all
commercial radio and television, microwave, mobile phone, public utility,
television, and other transmitting or relay towers ("towers" hereafter).
The regulations contained in this section shall not apply to antennas
which are accessory to an unrelated principal use and are for personal
use by the occupant(s), including radio, television, satellite dishes
and other noncommercial transmitting, relay or reception antennas,
provided that such noncommercial antennas meet the requirements of § 285-19.12.
A.
Towers shall be permitted in any commercial or industrial
district. A site plan must be submitted for approval as outlined in
Article 21, Site Plan Review. Towers which exceed the district height
limit may be allowed subject to special land use approval as outlined
in Article 22, Special Land Use Review. The installation of antennas
to existing towers where the total height of the tower with antennas
is not increased or additional lighting is not required by the Federal
Aviation Administration shall be subject to administrative approval
as outlined in Article 21, Site Plan Review.
B.
All towers shall meet the following conditions:
(1)
The setbacks for such towers from all abutting
streets or adjacent property shall be a distance equal to the height
of such tower. The setback shall be the total height of the tower
and shall remain clear of any building or structure except an accessory
utility building for the tower itself. If the tower is located on
a lot with a building, the tower shall be located to the rear of the
building.
(2)
The tower shall be approved by the Federal Aviation
Administration, and all aviation hazard lighting shall be shown on
the site plan.
(3)
Any lighting on the tower shall be subject to
Planning Commission approval.
(4)
No signs or logo visible from off site shall
be permitted on the tower.
(5)
The Planning Commission may require a security
fence to prevent access to the tower.
(6)
The fenced yard surrounding the tower shall
be screened with six-foot-tall evergreen trees placed every 10 feet
around the perimeter of the yard.
(7)
Any utility building(s) shall be constructed
of brick and have a pitched roof of at least 1:4.
(8)
The applicant shall demonstrate to the satisfaction
of the Planning Commission that there are no existing towers that
can practically accommodate, or be modified to accommodate, the communication
equipment planned for the proposed tower.
(9)
The tower shall be constructed to allow future
collocation and accommodate the maximum number of foreseeable users
technically practicable. The applicant shall provide the Township
with a letter of intent to lease excess space on the tower and commit
the tower owner and successors to:
(10)
The structural plans must be approved by the
Township Engineer.
Receptacles, including waste receptacles, waste
compactors, and recycling bins, shall be designed, constructed and
maintained according to the standards of this section. Waste receptacle
location and details of construction shall be shown on site plans.
A change in receptacle location or size shall require modification
to the enclosure, as warranted by this section.
A.
Waste receptacles shall be located in the rear yard
or non-required side yard (i.e., not within the minimum side yard
setback), unless otherwise approved by the Planning Commission. Waste
receptacles shall be as far as practical, and in no case less than
20 feet, from any residential district and located so that they are
not easily damaged by the refuse device. The location and orientation
of the waste receptacle and enclosure shall minimize the potential
for the waste receptacle to be viewed from a public street or adjacent
residential districts.
B.
Waste receptacles shall be easily accessed by refuse
vehicles without potential of damaging the building or automobiles
parked in designated parking spaces.
C.
The receptacle base shall be at least 10 feet by six
feet, constructed of six inches of reinforced concrete pavement. The
base shall extend six feet beyond the front of the waste receptacle
pad or gate to support the front axle of a refuse vehicle.
D.
Waste receptacles shall meet the following standards:
(1)
Each waste receptacle shall have an enclosing
lid or cover.
(2)
Waste receptacles shall be enclosed on three sides with a berm or wall meeting the requirements of Subsection D(3), below, and with a gate on the fourth side. The gate must be maintained in operable and sanitary condition, kept closed except when access is needed to the receptacle and be lockable.
[Amended 4-13-2015 by Ord. No. 15-003]
(3)
The enclosure shall be a berm or wall constructed of brick,
concrete or decorative precast panel with brick effect, a wooden enclosure
provided the lumber is treated to prevent decay, or an alternative
material deemed acceptable by the Planning Commission. The Commission's
determination shall be based on property conditions, including, but
not limited to, the zoning of the property, nature of the land use,
character of neighboring properties and visibility of the enclosure.
Enclosures shall have a minimum height of six feet or at least one
foot higher than the top of the receptacle, whichever is higher, and
spaced at least three feet from the receptacle. If a wooden enclosure
is proposed, suggested timber materials include Cedar, No. 2 Cedar
rough sawn seasoned, Redwood, No. 2 Common Finish (S4S), Douglas Fir-larch
or Southern Pine. Posts shall be set in concrete 42 inches below grade.
Posts shall be either six-inch-by-six-inch pressure-treated wood or
three-inch diameter galvanized steel posts.
[Amended 4-13-2015 by Ord. No. 15-003]
(4)
Spacing between the enclosure and any part of the receptacle
shall not be less than two feet, and bollards, curbing or similar
protective devices may be required by the Planning Commission to prevent
damage to the enclosure.
[Amended 4-13-2015 by Ord. No. 15-003]
(5)
The enclosure shall be screened with five-foot-high evergreens
planted a minimum of six feet apart wherever the enclosure wall is
visible to a public street or residential district.
[Amended 4-13-2015 by Ord. No. 15-003]
A.
Requirements. Home occupations shall be subject to
the requirements of the zoning district in which they are located,
as well as the following standards:
(1)
Home occupations must be clearly incidental
to the use of the dwelling as a residence.
(2)
No outdoor display or storage of materials,
goods, supplies, or equipment used in the home occupation shall be
permitted on the premises.
(3)
The appearance of the principal structure shall
not be altered, nor shall the home occupation be conducted in a manner
which would cause the premises to differ from its residential character
either by the use of colors, materials, construction, lighting, or
signs or the emission of sounds, noises, or vibrations.
(4)
Only the residents of the dwelling unit may
be engaged in the home occupation.
(5)
No home occupation shall require internal or
external alterations or involve construction features or the use of
electrical or mechanical equipment that would change the fire rating
of the structure.
(6)
No home occupation shall cause an increase in
the use of any one or more utilities (water, sewer, electricity, trash
removal, etc.) such that the combined total use for the dwelling unit
and home occupation would exceed the average for residences in the
neighborhood.
(7)
No signs are permitted for a home occupation.
(8)
A home occupation shall not create noise, dust,
vibration, smell, smoke, glare, electrical interference, fire hazard,
or any other hazard or nuisance to any greater or more frequent extent
than would normally be generated within the same residentially zoned
district in Grosse Ile Township.
B.
Uses prohibited as home occupations.
(1)
The following uses, by the nature of their operation,
have a pronounced tendency to increase in intensity beyond the limits
permitted for home occupations, thereby impairing the reasonable use
and value of surrounding residential properties. Therefore, the following
uses shall not be permitted as home occupations:
(a)
Animal hospitals or kennels;
(b)
Vehicle and engine repair businesses or storage;
(c)
Antique shops;
(d)
Barbershops and beauty parlors;
(e)
Clinics and hospitals;
(f)
Private clubs;
(g)
Landscape installation and maintenance businesses,
including lawn mowing businesses;
(h)
Snowplowing and tree removal businesses;
(i)
Concrete contractors;
(j)
Trailer rental;
(k)
Restaurants and tea rooms;
(l)
Tourist homes and bed-and-breakfast operations;
and
(m)
Repair shops and service establishments.
(2)
Uses that have similar negative impacts on a
residential area to those listed above, as determined by the Planning
Commission, shall also be prohibited.
A.
The keeping of up to three domesticated household
pets over one pound and over six months of age, including dogs, cats,
birds, and other animals generally regarded as household pets, is
permitted as an accessory use in any single-family detached dwelling;
the keeping of one such domesticated household pet is permitted in
an attached dwelling unit. These standards are based on the intensity
of use. Such activity shall be in compliance with the regulations
of the Wayne County Health Department and other ordinances, deeds
or development bylaws.
B.
The keeping of horses and other equines is permitted in any single-family residential zoning district, subject to the limitations and conditions contained in Chapter 130, Horses, of the Municipal Code. The keeping of livestock other than horses and other equines is prohibited in all zoning districts, except as may be authorized in the Public Recreation District (PRD) in accordance with § 285-11.2, Permitted uses.
[Amended 4-19-2012 by Ord. No. 12-02]
C.
The keeping of nondomesticated animals, such as wild
and exotic animals, and the keeping of vicious animals is prohibited
in all zoning districts.
Unless otherwise specified in this chapter,
temporary buildings, structures and uses shall comply with the following
requirements. A temporary building or structure shall not be used
as an accessory building or structure.
A.
Residential use.
(1)
A temporary building or structure which could
be used on a temporary basis, such as a house trailer, basement, tent,
shack, garage, barn, or other outbuilding, shall not be used as a
residence on any parcel without prior approval of the Zoning Board
of Appeals. Approval by the Zoning Board of Appeals shall be for a
period not to exceed six months with a single six-month extension
allowed with approval by the Zoning Board of Appeals. A structure
which has not been completed according to approved plans shall not
be issued a certificate of occupancy and shall not be occupied or
otherwise used.
(2)
A building or structure may be approved for
temporary residential use only while damage to the principal dwelling
due to fire, flood, ice, wind, or other natural disaster is being
repaired under an approved building permit.
B.
Nonresidential use. Temporary buildings for nonresidential
use, including semitrucks/trailers, shall be permitted only when the
intended use is by a contractor or builder in conjunction with a construction
project under an approved building permit. Such temporary structures
shall be removed immediately upon completion of the construction project
prior to issuance of a certificate of occupancy.
C.
Performance guarantee. The Township shall require
the posting of a performance guarantee to ensure proper and complete
removal and cleanup of all temporary buildings upon completion of
the project.
The following standards apply to bed-and-breakfast
inns which are special land uses within the Airport District and permitted
principal uses in the Macomb Street District:
A.
Such dwelling shall meet all applicable codes and
ordinances of the Township, County of Wayne and State of Michigan.
B.
Floor plans drawn to scale of all floors to be utilized
for bed-and-breakfast activities shall be submitted to the Planning
Commission.
C.
The dwelling shall be suitable in character for the
use proposed, shall not be cause for a change in character of the
neighborhood and shall have a facade style consistent with surrounding
principal buildings.
D.
The dwelling shall be the permanent residence of the
bed-and-breakfast operator. The bed-and-breakfast shall employ only
those living in the house or up to one additional employee.
E.
The dwelling shall be a single-family dwelling which
contributes to the historical significance of the district, with not
more than eight sleeping rooms available for guests of the bed-and-breakfast
dwelling.
F.
The site shall meet the minimum requirements of the
single-family residential districts. The bed-and-breakfast operator's
living area shall be a minimum of 900 square feet (not including the
bedroom and bathroom facilities of the bed-and-breakfast occupants).
G.
There shall be no separate cooking facilities provided
for the bed-and-breakfast occupants. Meals, other than those served
as a part of the normal operation of the household, shall be served
only to occupants of the bed-and-breakfast facility.
H.
Occupancy shall be of a transient nature, for periods
not to exceed four weeks within a given one-year period.
I.
An unlighted sign meeting the requirements of Article
16, Sign Regulations, may be provided. Such sign may be provided as
a ground sign or a wall sign.
J.
Off-street parking shall be provided based upon space
for each rental room and two spaces for the operator of the facility.
It is the Township's intent to discourage the alteration to yards,
removing of landscaping or the intruding upon the integrity of the
neighborhood altered in order to provide parking. In those instances
where required parking cannot be provided on site in compliance with
these standards, the applicant may request special consideration from
the Planning Commission. In such a case, the applicant shall submit
an analysis of parking required and parking provided within a three-hundred-foot
radius of the subject parcel. After analyzing these data, the Planning
Commission may reduce the number of the required parking spaces if
it is established that sufficient off-street parking exists in the
neighborhood.
K.
Adequate lavatories and bathing facilities shall be
provided to all guests, and a minimum of one bathroom per floor is
required for all bed-and-breakfast operations.
L.
A bed-and-breakfast dwelling establishment shall be
considered to have ceased operation when active rental of the facility
lapses for six months or more.
M.
The operator must first obtain a license from the
Township of Grosse Ile to operate a bed-and-breakfast dwelling.
N.
A bed-and-breakfast operation shall be confined to
the single-family dwelling unit that is the principal dwelling unit
on the property. No premises shall be utilized for a bed-and-breakfast
operation unless the following conditions are met:
(1)
Minimum exits. There shall be at least two exits
to the outdoors from such premises.
(2)
Size of sleeping rooms. Rooms utilized for sleeping
shall have a minimum size of 100 square feet for two occupants, with
an additional 30 square feet for each additional occupant to a maximum
of four occupants per room.
(4)
Lavatory facilities. Lavatory and bathing facilities
shall be available to all persons using any bed-and-breakfast operation.
B.
Shielding.
(1)
Lighting shall be placed and shielded to direct
the light onto the site and away from adjoining properties or across
the street. The lighting source shall not be directly visible from
adjoining properties or across the street. Lighting shall be shielded
so that it does not cause glare for motorists. Light output shall
be limited to 2.5% of fixture luminosity at a height equal to the
light. This requirement may be waived for ornamental lighting which
is part of an overall architectural theme, as approved by the Planning
Commission. Bollard lights are permitted to light driveways and pedestrian
areas. Light shall not exceed more than 0.5 footcandle at a residential
property line. Light shall not exceed more than 1.0 footcandle at
a nonresidential property line.
(2)
Lighting used for illumination of the exterior
of buildings shall be placed and shielded so as not to interfere with
the vision of persons on adjacent roads or adjacent properties.
C.
Height. Light fixtures shall have a maximum height
of 20 feet where adjacent to a residential district. Light fixtures
shall have a maximum height of 25 feet where adjacent to nonresidential
districts. Such height shall be measured from the ground adjacent
to the pole to the center of the light fixture.
D.
Photometric plan. During site plan review, the Planning
Commission may require the submission of a photometric plan prepared
by an electrical engineer graphically illustrating the planned layout
and footcandles of the site lighting. The evaluation of the photometric
plan is intended to permit the Planning Commission to determine potential
adverse effects the site lighting may have on adjoining properties
and motorists. Compliance with the lighting design criteria shall
be demonstrated by submitting the following for review:
(1)
Lighting plan showing light fixture locations
and type designations;
(2)
Photometric plan for an empty and full parking
lot showing horizontal luminance levels for all lighting, including
canopy lighting, in a point-by-point format with contour lines;
(3)
Lighting equipment specifications and data sheets;
and
(4)
Any other presentations required to convey the
intent of the design.
E.
Signs. Signs shall be illuminated in accordance with
the regulations set forth in Article 16, Sign Regulations.
A.
Public service access. All structures shall be provided
with adequate access for fire, police, sanitation and public works
vehicles.
B.
Fire protection. All structures constructed after
the effective date of this chapter shall be provided with adequate
fire protection, including adequate water supply for fire-fighting
purposes, adequate internal fire suppression system, use of fire walls
and fireproof materials, and other fire protection measures deemed
necessary by the Township Fire Chief.
C.
Excavations and holes. Excavations and holes created
in conjunction with a construction project shall be adequately barricaded
and illuminated if not filled in at the end of the working day. Where
such excavations or holes are located in a public right-of-way, it
shall be the responsibility of the contractor to notify the Police
Department of their existence.
D.
Building demolition. Before a building or structure
is demolished, the owner, wrecking company, or person who requests
the demolition permit shall notify all utilities providing service
to the building. A demolition permit shall not be issued until all
utilities have provided notification that service has been properly
terminated.
E.
Duration of building construction. Construction of
any structure that requires a building permit must commence within
the limits established by the Township Building Code.[1] All exterior construction, site grading and landscaping
must be completed within two years of the date construction commenced.
The applicant may request a one-year extension from the Zoning Board
of Appeals, provided a written request is received before the expiration
date and the structure(s) and site comply with current standards (i.e.,
any amendments to this chapter since the building permit was issued).
A.
Intent. The purpose of this section is to establish
the conditions under which parcels of land may be divided or consolidated
for the purposes of sale, development, or use.
(1)
Parcels and tracts. The division of parcels
or tracts that are not part of a recorded plat shall not exceed four,
provided additional splits may be allowed based upon the standards
contained in Section 108 of the Michigan Land Division Act (Public
Act 288 of 1967, as amended).
(2)
Recorded plats. Notwithstanding the above and pursuant to Section 263 of the Michigan Land Division Act (Public Act 288 of 1967, as amended), a lot, outlot or other parcel of land in a recorded plat shall not be partitioned or divided into more than four parts under the provisions of this section. A division to a subdivision lot that creates more than four parts shall require approval as a subdivision under the provisions of Chapter 238, Subdivision Control, of the Municipal Code.
B.
Application requirements.
(1)
Application. An application for lot or parcel
split or consolidation shall be submitted to the Community Development
Department in triplicate on forms provided by the Community Development
Department.
(2)
Additional submission requirements. Along with
the application, a written instrument fully executed in a form legally
sufficient for recording with the County Register of Deeds shall be
submitted. Such instrument shall contain a legal description of all
lots, parcels and outlots that will result from the division or consolidation
of parcels described thereon.
(3)
Deed history. Records from the County Register
of Deeds for the previous 10 years shall be submitted that detail
the deed history of the lot or parcel and the parent lot or parcel
sufficient to determine whether the proposed division will violate
the maximum number of land divisions allowed by Act 288 of the Michigan
Public Acts of 1967, as amended.
(4)
Plan or drawing. The applicant shall also submit
a plan or drawing, drawn to scale by a registered engineer or surveyor,
showing all of the following information:
(a)
A location map at an appropriate scale illustrating
the subject lot or parcel in relationship to surrounding parcels and
street system.
(b)
Name and address of the property owner and applicant
if not the property owner.
(c)
Name, address and professional seal of the registered
land surveyor or civil engineer who prepared the plan and easement
information.
(d)
A boundary survey in accordance with Public
Act 132 of 1970 of the lot or parcels illustrating dimensions.
(e)
A topographic survey by contours on USGS datum
at intervals of not more than two feet may be required for lots or
parcels that contain wetlands or floodplain.
(f)
Site information including the location of any
shoreline, streams, public drains and boundaries of any areas which
have characteristics of wetlands regulated by the United States Army
Corps of Engineers, the State of Michigan or the Township and other
natural or man-made features of special interest in development and
use of the parcels.
(g)
The surveyed location of all buildings and structures
on the lot or parcel and within 100 feet of all property lines with
notes indicating if the buildings and structures are to be retained,
modified or removed.
(h)
Existing access points adjacent to or across
from the subject parcel frontage within 150 feet of the subject parcel.
(i)
Land area of existing and resultant lot(s) including
and exclusive of public rights-of-way and submerged lands.
(j)
Type, location and dimensions of all existing
and proposed easements.
(k)
Completely dimensioned limits within which the
principal structure and accessory buildings or structures shall be
confined on each parcel.
(l)
Any deed restrictions or conservation easements.
(m)
Any Zoning Board of Appeals variances or rulings
on the property.
(5)
Access permit. The applicant shall provide documentation
from the Wayne County Department of Public Services that adequate
sight distance is provided at any proposed access point along a public
road.
C.
Approval standards. All divisions or consolidations
to lots, parcels and tracts shall comply with the following standards:
(1)
Lot area. Each lot or parcel resulting from
the proposed division shall have a net area not less than that required
for a lot in the particular zoning district, exclusive of any submerged
area or area occupied by a public street right-of-way or an access
easement.
(2)
Building envelope. Within each proposed lot
or parcel, there shall be delineated and fully dimensioned an area
within which the principal structure shall be confined. The areas
so delineated shall be such that, in the opinion and judgment of the
Planning Commission, development on each parcel will be in conformity
with the spirit and intent of the chapter with respect to the particular
zoning district, will be compatible with existing development in the
vicinity primarily as to yard relationships, and will not adversely
affect adjacent properties. No building permits shall be issued for
buildings not located within the limits shown on an approved site
plan.
(3)
Buildable area. For any lot or parcel where
available references or on-site observation indicates potential for
a wetland regulated by the United States Army Corps of Engineers,
the State of Michigan or the Township, the applicant shall submit
a wetland determination study of the site conducted by a qualified
wetland consultant or the Michigan Department of Natural Resources.
If the study indicates the presence of a regulated wetland, the applicant
shall illustrate on a site plan that the proposed lots or parcels
have sufficient area for building in compliance with the setback requirements.
(5)
Minimum lot width. Each lot or parcel being
created shall provide the minimum lot width as required in the particular
zoning district.
(6)
Shape of parcels. Lots and parcels should resemble
rectangles but may be irregularly shaped as conditions dictate. However,
unusual shapes proposed only for the purpose of meeting lot area or
width requirements shall not be permitted.
(7)
Depth to width ratio. The depth to width ratio
of lots or parcels created through land division that are one acre
or less in size shall not exceed four to one. Variation from these
proportions may be permitted where such action would reduce existing
nonconformance with these standards.
(8)
Easement. Approval of a proposed division of
land shall be subject to the dedication of any easements necessary
for roads, public utilities or other necessary public facilities required.
An accurate legal description shall be provided for all such easements,
prepared by a registered land surveyor or civil engineer, that includes
recitation of the purpose of the easement, with grant to the Township,
its successors and assigns, in perpetuity, of the right to occupy
and use such easement for installation, maintenance and operation
of public utilities.
(9)
Elimination or reduction of nonconforming situations.
The land division or combination shall not create and shall eliminate
any nonconforming situation or reduce the degree of nonconformity
(such as a nonconforming use, lot, building, building setback or access)
to the degree deemed practical by the Zoning Board of Appeals.
(10)
Special assessment districts. In cases where
water, sanitary sewer, storm sewer, street paving, or other such facilities
have been installed by special assessment, and a lot or parcel proposed
to be divided has been assessed therefor, no division shall be permitted
unless the applicant agrees in writing to pay to the special assessment
district an additional amount, to be determined by the Township Assessor,
representing the increased benefit that may be derived through such
land division. The additional amount shall be credited to the appropriate
special assessment district.
(11)
Required information and permits. No land division
shall be approved unless all of the required information and approved
permits have been provided.
D.
Review procedures for lot splits and consolidations
within recorded plats. The following procedure shall be followed to
split or consolidate a lot, outlot or other parcel of land in a recorded
plat:
(1)
Review by Township departments. The Community
Development Department shall circulate the application among applicable
Township departments for review and comment before transmitting it
to the Planning Commission. The Community Development Department shall
make a determination whether the proposed division will violate the
maximum number of land divisions allowed by Act 288 of the Michigan
Public Acts of 1967, as amended, based upon information provided by
the applicant.
(2)
Review by Planning Commission. The Planning Commission shall review the application, along with the reports from various Township departments, and make a recommendation to the Township Board. In reviewing an application, the Planning Commission shall consider the approval standards of Subsection C.
(3)
Utilities and road improvements. Following a
recommendation by the Planning Commission, the applicant shall be
responsible for installing all required utilities and road improvements
necessary to serve the proposed lots. The Township Board shall not
take final action on the land division until all required utility
and road improvements have been made. Required utility and road improvements
shall be installed within one year of the Planning Commission recommendation
to the Township Board, provided that the Planning Commission may grant
up to a one-year extension upon written request by the applicant.
(4)
Township Board action. The Township Board shall make the final decision to approve or deny any application for division of land. The Township Board, based upon a recommendation by the Planning Commission, may waive the above standards in Subsection C for lots to be dedicated to the public for purposes such as roads, utilities, parks or natural preserves/open space.
E.
Review procedures for splits and consolidations of
parcels and tracts. The following procedure shall be followed to split
or consolidate a parcel or tract of land that is not part of a recorded
plat:
(1)
Review by Township departments. The Community
Development Department shall circulate the application among applicable
Township departments for review and comment before transmitting it
to the Planning Commission. The Community Development Department shall
make a determination whether the proposed division will violate the
maximum number of land divisions allowed by Act 288 of the Michigan
Public Acts of 1967, as amended, based upon information provided by
the applicant.
(2)
Review by Planning Commission. The Planning Commission shall review the application, along with the reports from various Township departments, and approve or deny the application for division of land within 30 days of the Community Development Department receiving a complete application. In reviewing an application, the Planning Commission shall consider the approval standards of Subsection C. The Planning Commission may waive the above standards in Subsection C for parcels to be dedicated to the public for purposes such as roads, utilities, parks or natural preserves/open space.
(3)
Utilities and road improvements. Following an
approval by the Planning Commission, the applicant shall be responsible
for installing all required utilities and road improvements necessary
to serve the proposed parcels. The Township shall not grant building
permits for the subject parcels until all required utility and road
improvements have been made.
F.
Recording of action. Upon approval by the Township
Board, the Township shall forward one copy of the approved form to
the County Bureau of Taxation, and one copy shall be retained in the
Township records.
[Added 6-9-2003 by Ord. No. 03-07]
Bridges, causeways and ferry landings for vehicular,
pedestrian or rail traffic shall be permitted in all districts by
special land use approval by the Grosse Ile Township Board in accordance
with Article 22 Special Land Use Review. Due to the potential community-wide
impact, notice of the public hearing for a bridge, causeway or ferry
landing special land use request shall be published twice in a newspaper
of general circulation in the Township and separate notice shall be
sent by mail or personal delivery to the owners of property for which
approval is being considered, to all persons to whom real property
is assessed within one mile of the proposal and to the occupants of
all structures within one mile. A site plan for any proposed bridge,
causeway or ferry landing must also be submitted for approval by the
Planning Commission in accordance with Article 21, Site Plan Review.
All bridges, causeways and ferry landings shall meet the following
conditions:
A.
Design of the bridge, causeway or ferry landing shall
be compatible with surrounding land uses and will minimize impact
on views along the waterfront. Bridges shall have a low-profile design
to ensure vehicle, and pedestrian safety and minimal impact on aesthetics.
Bridges and causeways shall be designed in accordance with Wayne County
standards. The design of the bridge shall incorporate measures to
ensure pedestrian safety. The design of the bridge shall be approved
by the Township Board.
B.
The bridge, causeway or ferry landing shall be located
and designed to minimize impact to natural features, including natural
shorelines, wetlands, fish, and wildlife habitat and waterways.
C.
The bridge, causeway or ferry landing shall be constructed
so as not to obstruct the navigability of the waterway. Where a bridge
crosses a navigable waterway; a swing, drawbridge or other opening
mechanism shall be provided to allow passage of watercraft.
D.
Ferry landings shall be constructed in accordance
with the requirements of Article 17, Waterfront Provisions.
E.
A traffic impact study shall be prepared that demonstrates
the following:
(1)
The proposed bridge, causeway or ferry landing
will not generate a significant additional amount of traffic in such
a way that represents a burden to existing bridges or roads.
(2)
The bridge, causeway or ferry's capacity will
withhold estimated traffic and any projected traffic increases within
30 years of completion of the structure.
F.
Adequate screening shall be provided to ensure that
the privacy of adjacent land uses is protected. Preservation of natural
vegetation and supplemental landscaping may be required. New structures
shall be placed to minimize impact to waterfront views of adjacent
lots.
G.
The bridge, causeway or ferry landing shall not be
located such that it creates nonconforming conditions for buildings
on adjacent lots by virtue of the side yard adjacent to the proposed
bridge access road becoming a front yard.
H.
The applicant shall obtain all necessary permits from
the U.S. Army Crops of Engineers, the Michigan Department of Environmental
Quality, the U.S. Coast Guard and Wayne County.
I.
Any lighting shall be subject to Planning Commission
approval.
K.
No sign or logo visible from off-site shall be permitted
for a ferry landing.
L.
Any proposed utility building or toll booth shall
be no larger than necessary to accommodate the activity and be consistent
with existing conditions, use and character of the area.
M.
Any utility building or toll booth shall be constructed
of brick and have a pitched roof of at least 1:4.
N.
Off-street parking and loading shall be provided to
accommodate facility users and employees in accordance with Article
12, Parking and Loading Requirements.
O.
The applicant shall demonstrate to the satisfaction
of the Planning Commission that there are no existing bridges, causeways
or ferry landings that can accommodate the need for the proposed bridge,
causeway or ferry landing.
P.
The bridge, causeway or ferry shall provide for unimpeded
emergency vehicle access meeting the requirements of the Township
Fire Marshal. A ferry shall not serve as the means of access to residential
dwellings. All residential dwellings shall be accessible by roadways
and bridges, and building permits for dwellings shall not be issued
until completion of the bridge and road access.
Q.
Bridges and causeways shall comply with the requirements
of the Township Roads and Driveways Ordinance.
[Added 6-28-2010 by Ord. No. 10-03]
A.
Wind energy conversion systems. Wind energy conversion systems (WECS) shall be allowed in all zoning districts, except where prohibited under Subsection A(5), subject to the following regulations:
(1)
Intent. The intent of these regulations is to provide for the
development of sustainable energy sources while providing regulations
that limit the impact of these facilities and protect the community
from impacts of WECS facilities as follows:
(a)
Protect the visual character of neighborhoods and the natural
residential character of the island;
(b)
Protect neighboring property owners from noise and safety impacts;
(c)
Protect waterfowl and birds within the Detroit River International
Wildlife Refuge and avian wildlife inherent to the neighborhoods;
and
(d)
Ensure structures do not exceed a height that would impact aviation
safety, and the airspace around the Grosse Ile Airport.
(2)
Special land use. A WECS shall be allowed with special land
use approval from the Township Board, based upon a Planning Commission
public hearing and recommendation following the procedures and standards
of Article 22, Special Land Use Review.
(3)
Accessory structure. A WECS shall be allowed as an accessory
structure on a lot that contains a principal building. Only one WECS
shall be allowed per principal building.
(4)
Location. A WECS may only be located in a rear yard within prescribed
setbacks. A WECS may not be attached to a building.
(5)
Prohibited locations. In order to protect wildlife in the Detroit
River International Wildlife Refuge and to protect views along the
waterfront, WECS shall not be permitted in the following locations:
(a)
In any waterfront yard or over a waterway;
(b)
Between the shoreline and East River Road, south of Horsemill
and north of Manchester; and the front yards of lots fronting along
this segment of East River Road;
(c)
Between the shoreline and West River Road, south of Horsemill
and north of Groh Road; and the front yards of lots fronting along
this segment of West River Road;
(d)
Any of the following locations: Calf Island, Celeron Island,
Hennepin Point, Hickory Island, Round Island, Sugar Island and Stony
Island.
(6)
Permitted height. The maximum permitted height of a WECS shall be 35 feet. The allowable height of a WECS may be further limited in order to meet the setback requirements of Subsection A(7) below.
(7)
Setback. A WECS shall be setback at least equal to 1 1/2
times the height of the WECS from all lot lines, wetlands, utility
lines, easements and any public road right-of-way.
(8)
Aviation hazard. The WECS shall not be located or erected to
a height that would pose a hazard to aircraft operations and shall
not encroach above the height limits of any of the airport runway
approach zones for the Grosse Ile Municipal Airport.
(9)
Blade clearance. The minimum blade or rotor clearance from the
ground shall be 20 feet for a horizontal-axis WECS and 10 feet for
a vertical-axis WECS. The minimum blade or rotor clearance from a
building or utility line shall be 20 feet.
(10)
Blade diameter. The blades or rotor of a WECS shall have a maximum
diameter of six feet.
(11)
Braking system. Each WECS shall be equipped with both a manual
brake and automatic braking, governing or feathering device capable
of keeping the WECS operation in high winds within 80% of its survival
wind speed.
(12)
Tower construction. A WECS shall be constructed with a tubular
tower. Lattice towers and guy wires shall be prohibited. The WECS
shall be constructed of quality materials with a coating that will
prevent rust and discoloring.
(13)
Climbing devices. Towers shall not have permanent attached tower
climbing devices.
(14)
Color. A WECS shall be painted a nonobtrusive (light color such
as white, beige or light gray) color that is nonreflective. No striping
or color shall be visible on the blades or tower.
(15)
Electrical lines. All distribution lines from the WECS to the
building and the electrical grid connection shall be underground.
The generator and all other electrical equipment, and controls shall
be enclosed within the nacelle, pole or within a building.
(16)
Power grid connection. The applicant shall provide proof of
written notice to the local electric utility of the proposed interconnection
to the power grid and the utility's response. The resident shall comply
with all requirements of the servicing utility if the WECS is interfaced
with the utility grid. The utility will install appropriate electric
metering (for sellback and non-sellback), and the customer will be
required to install a disconnecting device adjacent to the electric
meter(s). Any connection shall be inspected and approved by the appropriate
utility company.
(17)
Noise.
(a)
Noise emissions from the operation of a WECS shall not exceed
all the following, as measured at the nearest property line and road:
[1]
Forty-five dBA;
[2]
Ten dBA greater than the statistical background sound level
(L90) or the sound level that is exceeded 90%
of the time by ambient background noise; and
[3]
Three dBA less than the statistical high sound level (L10) or the sound level that is exceeded 10% of the time
by ambient background noise.
(b)
After installation of the WECS, sound pressure level measurements
shall be provided to the Township within 60 days of the operation
of the WECS. Two tests are shall be done as follows:
(c)
All sound pressure levels shall be done at the applicant's expense
by a third party, qualified professional according to the procedures
in the most current version of ANSI S12.18, and measured with a sound
meter that meets or exceeds the most current version of ANSI S1.4
specifications for a Type II sound meter. The test will be taken with
wind speeds of at least 10 miles per hour. The Township may require
the owner to pay for a sound evaluation by a professional at any time
to determine compliance with the requirements of this section.
(d)
The WECS shall be maintained such that the noise limit is not exceeded for the life of the WECS. Where a WECS exceeds the noise limits of this section, the owner shall discontinue WECS operation and it shall be removed, repaired or replaced with a new WECS of equal or lesser size that complies with this section. If a property owner fails to properly maintain the WECS, the Township may remove the WECS in accordance with Subsection A(22) below.
(18)
Radio interference. WECS shall be designed, constructed and operated so as not to cause radio and television interference. In the event that electromagnetic interference is experienced, the applicant must remove the WECS. If a property owner fails to remove the WECS, the Township may remove the WECS in accordance with Subsection A(22) below.
(19)
Water pumping. A WECS shall not be used for pumping water.
(20)
Emergency contact. The survival wind speed in miles per hour,
and meters per second, the name and telephone number of the installer,
and the name and telephone number of the person responsible for maintenance
and shutdown procedures shall be provided on labels attached to the
WECS tower subsystem in a visible, easily read, and easily accessible
location.
(21)
Sketch plan. The special land use application shall be accompanied by a sketch plan meeting the requirements of § 285-21.5 along with the following additional information:
(a)
Location and height of all buildings, structures, electrical
lines, towers, guy wires, guy wire anchors, security fencing, and
other aboveground structures associated with the WECS.
(b)
The location of all existing and proposed overhead and underground
electrical transmission or distribution lines shall be shown.
(c)
Lot survey showing all lot lines, rights-of-way and easements.
(d)
Inventory of any trees that will need to be removed or trimmed for the WECS in accordance with Chapter 282, Woodland and Tree Preservation.
(e)
Proposed setbacks for the WECS from all lot lines, structures
located on the property where the WECS will be located and structures
on adjacent lots within 100 feet of the lot lines.
(f)
A copy of the manufacturer's installation instructions and blueprints
and stamped engineered drawings of the tower, base, footings, and
foundation.
(g)
Ambient noise measurements taken on the site of the proposed
WECS indicating the statistical background sound level (L90) and statistical high sound level (L10) measured on the dB(A)-weighted scale.
(h)
Manufacturer's specifications indicating the operating noise
levels of the WECS at full RPM based upon industry standards; expected
noise level at property line or road right-of-way. Demonstration that
noise specifications shall meet standards of this chapter to be confirmed
after the WECS is installed. The petitioner shall certify that the
WECS will comply with the noise limit of this chapter as a condition
of approval.
(i)
Documentation to ensure that construction code, utility interconnection,
and safety requirements shall be complied with.
(22)
Performance guarantee. A performance guarantee shall be posted
at the time of receiving a special land use permit for the WECS to
ensure removal of the facility when it is no longer used or is no
longer maintained in compliance with this chapter. The applicant shall
provide funds to the Township for removal of the WECS, which reasonably
reflects the cost of removal of the WECS and restoration of the property.
Cost estimates for removal of the WECS shall be provided for the Township
Engineer's approval. Adequate funds shall also be provided to cover
the Township's administrative costs in the event that the applicant
or its successor does not remove the WECS in a timely manner. The
performance guarantee shall, at the election of the Township Board,
be in the form of: cash; security bond; or an irrevocable letter of
credit.
(23)
Maintenance. The WECS must be kept and maintained in good repair
and condition at all times. If a WECS is not maintained in operational
and reasonable condition or poses a potential safety hazard, the applicant
shall take expeditious action to correct the situation or remove the
WECS. The Township may require documentation of maintenance.
(24)
Inspection. The Township may require testing of any WECS to
ensure proper operation and compliance with the requirements of this
section. Any necessary repair shall be required to comply with the
requirements of this section and shall be completed within 45 days
of the test or the WECS shall be ordered to be removed. Failure to
remove a WECS within 45 days shall be grounds for the Township to
remove the WECS at the owner's expense. The Township may order repair
or removal sooner where there is an immediate safety hazard.
(25)
Abandonment. Any WECS that has not produced electricity for
a period of six successive months or longer shall be deemed to be
abandoned and shall be promptly dismantled and removed from the property.
All above and below ground materials must be removed within 45 days
of receiving an abandonment notification from the Township. Failure
to remove an abandoned WECS within 45 days shall be grounds for the
Township to remove the WECS at the owner's expense. The ground must
be restored to its original condition within 60 days of receiving
the abandonment notification.
(26)
Change in ownership. Where there is a change in ownership for a property containing a WECS, the new owner must register with the Community Development Department to update the ownership information on the permit. The updated permit can be approved administratively by the Zoning Administrator, provided the WECS is in compliance with all requirements of this section, based upon an inspection conducted in accordance with Subsection A(24) above.
B.
Solar panels. Solar panels shall be allowed in all zoning districts
either attached to permitted principal or accessory buildings or as
accessory structures subject to the following regulations:
(1)
Attached to building. Where attached to a building, the solar
panels shall be subject to the same regulations as the building in
terms of height and setbacks. Solar panels may be attached to the
roof or the building wall, but not both.
(a)
Roof-mounted panels shall include solar panels integrated as
the surface layer of the roof structure with no additional apparent
change in relief or projection (the preferred installation), or separate
flush-mounted solar panels attached to the roof surface.
[1]
Solar panels integrated as the surface layer of the roof structure
may be located on any part of the roof.
[2]
Separate flush-mounted solar panels may only be located on a
rear- or side-facing roof.
[3]
Separate flush-mounted solar panels installed on a building
or structure with a sloped roof surface shall not project vertically
above the peak of the roof to which it is attached.
[4]
Solar panels mounted on a flat roof shall not project vertically higher than the height of the parapet wall surrounding the roof or shall be screened by architectural features in accordance with § 285-19.6C(4).
(b)
Flush-mounted solar panels on the building wall may only be attached
to one side or rear building facade and shall not face a street.
(c)
Roof-mounted panels shall be permitted on the roof of a covered boat
well, but freestanding solar panels shall not be permitted over the
water.
(2)
Freestanding. Solar panels that are not attached to a building
shall be permitted as accessory structures subject to the following
regulations:
(a)
Freestanding solar panels shall be permitted in the rear yard
only.
(b)
Freestanding solar panels shall be setback six feet from the
side and rear lot line.
(c)
Freestanding solar panels shall not exceed a height of four
feet.
(d)
The surface area covered by a freestanding system shall not exceed 2% of the lot or 360 square feet, whichever is less, except as provided for in Subsection B(5) below. Area covered shall be included in the lot coverage calculations for the lot.
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(e)
All power transmission lines shall be underground.
(f)
Freestanding solar panels shall not be visible from adjacent
property and shall be screened by landscaping where necessary.
(3)
Glare. Solar panels shall be placed and arranged such that reflected
solar radiation or glare shall not be directed onto adjacent buildings,
properties or roadways.
(4)
Building permit. Solar energy systems shall conform to applicable
industry standards. A building permit shall be obtained for a solar
energy system in accordance with the Building and Electrical Codes.
(5)
Commercial solar array. In the A-1 Airport and Light Industrial
District, the Planning Commission may approve a site plan under Article
21 for solar photovoltaic plants or arrays of photovoltaic modules,
mounted on buildings or ground mounted, developed for commercial purposes.
(a)
The solar array may be developed as a principal use on a lot and shall not be subject to surface area limits of Subsection B(2)(d) above.
(b)
The solar array shall meet all dimensional and site design requirements
of the A-1 Airport and Light Industrial District.
(c)
The solar array shall be designed to not create glare that would
be a hazard to aviation.
