Village of New Haven, MI
Macomb County
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Table of Contents
Table of Contents

§ 515-75 Applicability.

§ 515-76 Visibility at intersections and corner clearance.

§ 515-77 Sight distance at driveways and roads.

§ 515-78 Accessory buildings and structures.

§ 515-79 Swimming pools.

§ 515-80 Erection of more than one principal structure on lot.

§ 515-81 Private radio, television and satellite dish antennas.

§ 515-82 Streets, alleys and railroad rights-of-way.

§ 515-83 Road access and frontage required.

§ 515-84 Zoned lots.

§ 515-85 Dwellings in nonresidential districts.

§ 515-86 Single-family dwelling unit standards (mobile and manufactured homes).

§ 515-87 Building grades.

§ 515-88 Approval of plats.

§ 515-89 Adult entertainment uses.

§ 515-90 Performance standards for all land uses.

§ 515-91 Screening and landscaping.

§ 515-92 Fences, walls and other protective barriers.

§ 515-93 Moved buildings or structures.

§ 515-94 Portable structures.

§ 515-95 Temporary construction structures.

§ 515-96 Sidewalks.

§ 515-97 Site condominium regulations.

§ 515-98 Recreational vehicles in residential districts.

§ 515-99 Commercial vehicles in residential districts.

§ 515-100 Site plan review.

§ 515-101 Off-street parking and loading.

§ 515-102 Raising or keeping of animals.

§ 515-103 Ponds.

§ 515-104 Residential driveway standards.

§ 515-105 Home occupations.

§ 515-106 Residential accessory yard waste composting.

§ 515-107 Restoration of condemned or unsafe buildings.

§ 515-108 Nonresidential building facing material standards.

§ 515-109 Transient and temporary amusement activities.

§ 515-110 Garage sales.

§ 515-111 Hobby farms.

§ 515-112 Wireless communication facilities.

§ 515-113 Temporary structure during construction of principal building.

§ 515-75 Applicability.

The general provisions of this Article XVIII shall apply to all uses in all zoning districts within the Village.

§ 515-76 Visibility at intersections and corner clearance.

On corner lots, at the intersection of public or private roads and/or railroads, nothing shall be erected, placed or allowed to grow in such a manner that impedes or obstructs vision between a height of 30 inches and eight feet in an area bounded by the existing or proposed street or railroad right-of-way lines (whichever is greater) of such corner lots and a line joining points along said right-of-way lines 25 feet from the point of intersection. In the case of private driveways intersecting with public or private streets, the clear vision triangle shall be measured along the edge of the driveway if a right-of-way or easement does not exist. Otherwise it shall be measured along existing or proposed street right-of-way lines, whichever is greater.
515 Visibility at Intersections.tif

§ 515-77 Sight distance at driveways and roads.

Nothing shall be erected, placed or allowed to grow at the intersection of driveways or roads with any road in such a manner that materially impedes or obstructs sight distance. Sight distance specifications for new driveways shall be in conformance with Macomb County Road Commission standards.

§ 515-78 Accessory buildings and structures.

Accessory buildings and structures shall be subject to the following regulations except as otherwise specified in this chapter:
A. 
Nonresidential districts (RO, GBD, GB, IO, LI, HI): All accessory structures in the nonresidential zoning districts shall conform with Article XVII, Schedule of District Regulations,[1] and shall require site plan review and approval in accordance with § 515-100, Site plan review. Accessory structures less than 500 square feet may be reviewed administratively by the Village Planner and Village Engineer.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
B. 
Residential districts (SF, SF-1, SF-2, MF, MH):
(1) 
Accessory buildings which are structurally attached to a principal building shall conform with all regulations of this chapter applicable to the principal building.
(2) 
Detached accessory buildings which are accessory to single-family residences shall comply with the following:
(a) 
One detached accessory building is permitted on an individual lot or parcel. In addition, one attached or detached garage shall be permitted on an individual lot or parcel. For purposes of determining maximum allowable size of accessory buildings in Subsection B(2)(e) below, 600 square feet of the garage shall not be included in the calculations.
(b) 
Detached accessory buildings shall not exceed one story or 17 feet in height.
(c) 
Detached accessory buildings shall be located only in a side or rear yard and shall be located a minimum 10 feet from any other building or structure and five feet from any lot line. In no instance shall an accessory building be located within a dedicated easement or right-of-way.
[Amended 6-12-2001 by Ord. No. 272]
(d) 
When a detached accessory building is located on a corner lot, the minimum front yard setback required on the lot under Article XVII, Schedule of Regulations, shall be maintained for both the front yard and the street-side side yard.
(e) 
Detached accessory buildings shall not exceed 66% of the gross floor area of the principal building up to a maximum of 1,200 square feet and shall not occupy more than 30% of a rear yard.
(3) 
Accessory buildings used solely in an agricultural or farm operation shall meet the criteria below:
(a) 
Where an accessory building is utilized solely for activities directly related to agriculture or farm operations on the same parcel, the following shall apply:
Size of Parcel
(acres)
Number of Detached Accessory Agricultural Buildings Permitted
Total Area of Accessory Building Permitted
(square feet)
Maximum Height of Agricultural Accessory Buildings
(feet)
Less than 5
2
2,400
25
Greater than 5
2
3,600
25
(b) 
No accessory agricultural building, regardless of use, shall be located within 50 feet of a property line. In no instance shall an accessory building be located within a dedicated easement or right-of-way.
(c) 
Where the accessory building is partially or wholly accessory to a single-family residence, the accessory building shall meet all criteria specified in Subsection B(1) and (2) above.
C. 
Accessory buildings in any district shall only be used for permitted uses or activities customarily incidental to the permitted principal use(s) in the district.
D. 
Accessory buildings which are structurally attached to a principal building shall conform with all regulations of this chapter applicable to the principal building.
E. 
No accessory building shall be constructed prior to construction of the principal building on the same lot or parcel, except in accordance with one of the following:
(1) 
For principal permitted uses that do not require structures, an accessory building may be constructed following Village approval of the principal use and issuance of required building permits.
(2) 
For single-family residences, a permanent accessory building may be erected in order to secure tools or materials for the residence under construction after issuance of a building permit for the residence and after installation, inspection and approval of the foundation for the residence by the appropriate permitting authority. Said accessory structure shall be designed and constructed in accordance with all requirements of this section.
F. 
All accessory structures shall be suitably anchored to a foundation in accordance with the Building Code.
G. 
All accessory buildings must be located on the same lot as the principal structure to which it is accessory.

§ 515-79 Swimming pools.

[Amended 6-12-2001 by Ord. No. 272]
A. 
A building permit is required prior to installation of a swimming pool in conformance with § 515-199. All swimming pools must provide a four-foot-high fence enclosure with a locking gate either surrounding the property or pool area, sufficient to make the pool inaccessible to small children. All swimming pools must also comply with the Building Codes adopted by the Village.
B. 
All swimming pools shall be installed with the following minimum setbacks:
(1) 
Pools shall be set back a minimum of six feet from all property lines.
(2) 
Pools shall be set back a minimum of 10 feet from all structures.

§ 515-80 Erection of more than one principal structure on lot.

In the SF, SF-1 and SF-2 Districts, there shall not be more than one principal residential dwelling on a recorded lot or parcel. (Accessory apartments may be permitted in conformance with § 515-123 when otherwise permitted in this chapter.) In these districts, every principal residential dwelling shall be on a recorded lot or parcel in conformance with this chapter and the Village of New Haven Land Division Ordinance.[1] In all other districts the number, location and size of principal structures shall be in conformance with Article XVII, Schedule of District Regulations, and subject to site plan review and approval in conformance with § 515-100.
[1]
Editor's Note: See Ch. 455, Subdivision Regulations.

§ 515-81 Private radio, television and satellite dish antennas.

In all districts, private radio and television receiving antennas which are accessory to a permitted principal use in the district are permitted subject to the following:
A. 
No antenna shall exceed the height limit of the zoning district in which it is located.
B. 
There shall be not more than one radio antenna, one standard television antenna, and one satellite dish antenna per residential home site or principal residential building.
C. 
Satellite dish receiving antennas may be permitted subject to the following criteria:
(1) 
Installations must comply with all accessory use requirements for yard, bulk and setback requirements specified within the district.
(2) 
Installation shall employ materials and colors that blend with the surroundings.
(3) 
No text, pictures, logos or advertising shall be displayed on any surface of the satellite dish antenna.
(4) 
Ground-mounted satellite dish antennas shall not exceed an installed height of 17 feet. Roof-mounted satellite dish antennas shall not exceed the height permitted for principal buildings in the same district.
(5) 
All ground-mounted satellite dish antennas shall be screened from view between the ground level and six feet above grade from any adjoining residential zoned property. The screening shall consist of a decorative wall, fence, hedge, evergreen trees, or similar solid vegetation. All antennas, supporting structures, and accessory equipment shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets.
(6) 
If one side of the fence provides a more finished or decorative appearance than the other, then the more finished or decorative side shall face outward from the lot.
[Added 6-12-2001 by Ord. No. 272]
D. 
No antennas or supporting structure shall be located within required front, rear or side setbacks.
E. 
Radio receiving and/or transmitting antennas shall be permitted to a maximum height of 70 feet from grade level for persons holding a valid amateur radio station license issued by the Federal Communications Commission or any successor agency.
F. 
Nothing in this section shall be construed as regulating or permitting commercial television, radio, cellular or other transmitting and/or receiving towers or antennas of any type as regulated under § 515-130.

§ 515-82 Streets, alleys and railroad rights-of-way.

All public or private roads, streets, alleys, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such roads, streets, alleys or railroad rights-of-way. Where the center line of a road, street or alley serves as a district boundary, the zoning of such road, street or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line.

§ 515-83 Road access and frontage required.

A. 
Every use, building or structure shall be located on a lot which has frontage for the minimum width of a lot required in that district (where the lot is located on a cul-de-sac bulb, a minimum frontage equal to 70% of the minimum lot width in the district is permitted) on one of the following:
(1) 
A public road.
(2) 
An access easement of record to a public road, where the access easement:
(a) 
Is a minimum 66 feet wide;
(b) 
Is part of a lot or parcel which meets all lot area and width requirements of this chapter;
(c) 
Is duly recorded and approved by the Village as a part of the land division review process (as regulated by the Village's Land Division Ordinance); and
(d) 
Provides access to not more than two dwelling units or not more than one principal use or structure other than a dwelling unit.
B. 
All structures and use areas shall be so located on lots as to allow safe and convenient access for fire and police protection, required off-street parking, and Village services.

§ 515-84 Zoned lots.

A. 
Every building hereafter erected or structurally altered shall be located on a lot as herein defined.
B. 
Lots or parcels created after the effective date of this chapter shall meet the minimum requirements of this chapter.

§ 515-85 Dwellings in nonresidential districts.

No dwelling units are permitted in the GBD, GB, IO, LI and HI Districts with the following exceptions:
A. 
Sleeping quarters of a night watchman or caretaker may be permitted subject to the following:
(1) 
Sleeping quarters shall be provided solely for the on-duty watchman or caretaker and his or her immediate family.
(2) 
Site plans and building plans shall indicate location and layout of all proposed caretakers' quarters.
B. 
Accessory apartments may be permitted in the RO, GB and GBD Districts after special land use approval in accordance with the criteria in § 515-123.

§ 515-86 Single-family dwelling unit standards (mobile and manufactured homes).

All single-family dwellings shall comply with the following:
A. 
All such dwellings shall meet the current construction standards of the State of Michigan and Village of New Haven prior to being brought into or constructed in the Village and prior to issuance of a building permit. The minimum acceptable standard for factory-built homes shall be the Department of Housing and Urban Development's Mobile Home Construction and Safety Standards, as from time to time such standards may be amended.
B. 
All such dwellings shall meet the minimum floor area requirements of this chapter for the district in which they are located. Any addition to a dwelling unit shall be designed and constructed with similar workmanship and materials complementary to the original and shall be permanently attached to the principal structure in compliance with applicable building codes.
C. 
All such dwelling units shall be firmly attached to a permanent foundation constructed on the site in conformance with applicable building codes and shall have a wall of the same perimeter dimensions as the dwelling and constructed of such materials and type as required in the applicable single-family building code. Factory-built homes shall be installed pursuant to the manufacturer's setup instructions and applicable building codes and shall be installed on a permanent foundation in conformance with Michigan Mobile Home Commission rules and regulations as well as applicable building codes.
D. 
All wheels, axles and towing apparatus must be removed from a factory-built or manufactured home prior to issuance of a certificate of occupancy.
E. 
All dwellings shall be connected to a public sewer and water system. If none is available, all such dwellings shall be connected to septic and well systems approved by the County Health Department.
F. 
All such dwellings shall be compatible in appearance with other site-built homes in the Village. To this end, a roof with a minimum pitch of 3 to 12 shall be required with overhangs or eaves of at least six inches. There shall be at least two exterior doors, on different sides of the dwelling, with access to both doors by means of exterior steps or porches, where a difference in elevation or grade requires same.
G. 
All such dwellings shall have a minimum width on all sides of at least 24 feet. This provision does not apply to additions to existing dwellings which otherwise meet these single-family dwelling standards.
H. 
All such dwellings shall contain a minimum storage area in a basement, attic, closets or in a separate accessory structure equal to 10% of the square footage of the dwelling.
I. 
These standards shall not apply to a manufactured homes located in a licensed manufactured housing park, except to the extent required by state or federal law.

§ 515-87 Building grades.

All buildings shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building. Yards shall be graded to prevent the accumulation of surface water on the property and not increase the natural flow or runoff of surface water onto adjacent properties.

§ 515-88 Approval of plats.

All plats for new subdivisions shall conform with the Village of New Haven Subdivision Regulations,[1] all other applicable Village ordinances, and with all applicable laws of the State of Michigan.
[1]
Editor's Note: See Ch. 455, Subdivision Regulations.

§ 515-89 Adult entertainment uses.

A. 
Purpose: dispersal of adult entertainment uses. The Village of New Haven recognizes that there are some uses which, because of their very nature, have serious objectionable operational characteristics, particularly when such uses are concentrated under certain circumstances, or when one or more of them are located in near proximity to a residential zone, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the community or surrounding neighborhood. These special regulations itemized in this section are to prevent a concentration of these uses within any one area or to prevent deterioration or blighting of a nearby residential neighborhood. These controls do not legitimize activities which are prohibited in other sections of this chapter, or any other Village ordinances.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT ENTERTAINMENT USE
Any use of land, whether vacant or combined with structures or vehicles thereon, by which said property is devoted to displaying or exhibiting material for entertainment, a significant portion of which includes matter, actions depicting, describing or presenting specified sexual activities or specified anatomical areas. Adult entertainment uses shall include but not be limited to the following:
(1) 
ADULT MOTION-PICTURE THEATER — An enclosed building used for presenting material which is depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
(2) 
ADULT MOTION-PICTURE ARCADE — Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where a significant portion of images so displayed depict, describe or relate to specified sexual activities or specified anatomical areas.
(3) 
ADULT BATHHOUSE — An establishment or business that provides the services of baths of all kinds, including forms of hydrotherapy, unless operated by a medical practitioner or professional therapist licensed by the State of Michigan.
(4) 
ADULT BOOKSTORE — A use which has a display containing books, magazines, periodicals, slides, pictures, cassettes or other printed or recorded material which has as a significant portion of its content or exhibit matter actions depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a (substantial) segment or section devoted to the sale or display of such material.
(5) 
ADULT CABARET — A nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where a significant portion of such performances show, depict or describe specified sexual activities or specified anatomical areas.
(6) 
ADULT MOTEL — A motel wherein, for any form of consideration or gratuity, a significant portion of the facility is provided as a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.
(7) 
ADULT MASSAGE PARLOR — Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentation, electric or magnetic treatment or any other treatment or manipulation of the human body occurs as part of or in connection with specified sexual activities or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.
(8) 
ADULT MODEL STUDIO — Any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such considerations or gratuities, except that this provision shall not apply to any bona fide art school or similar educational institution.
(9) 
ADULT SEXUAL ENCOUNTER CENTER — Any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.
(10) 
ADULT VIDEO STORE — An establishment having as a substantial or significant portion of its stock-in-trade for sale or rental, video, movies, tapes or any other material of such nature, which are distinguished by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this chapter, or an establishment with a segment or section devoted to sale, rental or display of such material.
DISPLAY
As used in the above definitions, the word "display" shall mean any single motion or still picture, presentation, dance or exhibition, live act or collection of visual materials, such as books, films, slides, periodicals, pictures, videocassettes or any other printed or recorded matter which is open to view or available to the general population whether for free or otherwise.
REGULATED USES
Those uses and activities which require licenses, approval or permits by Village regulations.
SIGNIFICANT PORTION
As used in the above definitions, the phrase "significant portion" shall mean and include:
(a) 
Any one or more portions of the display having continuous duration in excess of five minutes;
(b) 
The aggregate of portions of the display having a duration equal to 10% or more of the display; and/or
(c) 
The aggregate of portions of the collection of any materials or exhibits composing the display equal to 10% or more of the display.
(a) 
Less than completely and opaquely covered human genitals, pubic region; buttocks; and female breast below a point immediately above the top of the areola; and
(b) 
Human genitals in a discernibly turgid state, even if completely and opaquely covered.
(a) 
Human genitals in a state of sexual stimulation or arousal;
(b) 
Acts of human masturbation, sexual intercourse or sodomy; and
(c) 
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
C. 
Dispersal regulations.
(1) 
Limitations on location.
(a) 
No adult entertainment use shall be located within 1,000 feet of any other adult entertainment use nor within 500 feet of any of the following uses:
[1] 
Any Class C establishment licensed by the Michigan Liquor Control Commission.
[2] 
Pool or billiard halls.
[3] 
Arcades.
[4] 
Banquet halls.
[5] 
Ice- or roller-skating rinks.
[6] 
Pawnshops.
[7] 
Indoor or drive-in movie theaters.
[8] 
Any public park.
[9] 
Any church.
[10] 
Any public or private school having a curriculum including preschools, kindergarten or any one or more of the grades one through 12.
[11] 
Any other regulated adult entertainment uses as defined herein.
(b) 
Such distance shall be measured from all the property lines of the subject parcel to all the property lines of any of the above listed uses.
(2) 
Prohibited zone. No adult entertainment use shall be located within 500 feet of any area residentially zoned. Such distance shall be measured by a straight line from all the property lines of the subject parcel to all the boundary lines of all areas zoned residential.
(3) 
Acceptable zones. Adult entertainment uses shall be located in the GB General Business Zoning District only.
(4) 
Freestanding building required. All adult entertainment uses shall be contained in a freestanding building. Commercial strip stores, common wall structures and multi-uses within the same structure do not constitute a freestanding building.
(5) 
Display content. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not regulated as an Adult Entertainment Use. This provision shall apply to any display, decoration, sign, window or other opening.

§ 515-90 Performance standards for all land uses.

It shall be unlawful to carry on or permit to be carried on any activity or operation or use of any land, building or equipment that produces irritants to the sensory perceptions or other physical results greater than the measures herein established, which are hereby determined to be the maximum permissible hazards to humans or human activities. Such measures may be supplemented by other measures which are duly determined to be maximum permissible hazards to human activity.
A. 
Noise. No operation or activity shall cause or create noise that exceeds the sound levels prescribed below, using an A-weighted decibel scale dB(A), when measured at the lot line of any adjoining use, based upon the following maximum allowable levels for each use district:
Zoning of Adjoining Land Use
Maximum Allowable Noise Level Measured in dB(A)
From 6:00 a.m. to 9:00 p.m.
From 9:00 p.m. to 6:00 a.m.
SF, SF-1, SF-2, MH (single-family residential)
60
55
MF (multiple-family residential)
65
60
RO, GBD, GB (commercial)
70
65
IO, LI, HI (industrial)
80
70
B. 
Vibration. All machinery shall be so mounted and operated as to prevent transmission of ground vibration exceeding a displacement of 3/1,000 of one inch measured at any lot line of its source, or ground vibration which can be readily perceived by a person standing at any such lot line. No stamping machine, punchpress, press break, or similar machines shall be located closer than 300 feet to a residential district without written certification by the Administrative Official that a nuisance is not thereby caused to the residential district.
C. 
Odor. The emission of noxious, odorous matter in such quantities as to be readily detectable at any point along lot lines or to produce a public nuisance or hazard beyond lot lines is prohibited.
D. 
Gases. The escape or emission of any gas which is injurious, destructive or explosive is prohibited. In addition, in accordance with Rule 901 of the Michigan Department of Environmental Quality, Air Quality Division, no escape or emission of any gas shall unreasonably interfere with the comfortable enjoyment of life and property.
E. 
Glare and heat. Any operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot line, except as necessary for construction purposes during the period of construction.
F. 
Open storage and waste disposal.
(1) 
Open storage of any industrial or commercial equipment, vehicles (except vehicles for sale and/or display), and all materials including wastes shall be screened from public view from a public street by an obscuring screen wall or fence as specified in § 515-91. In no case shall open storage be permitted within a required front yard in any zoning district.
(2) 
No materials or waste shall be placed upon a parcel in a manner that they may be blown, washed or transferred off the parcel by natural causes.
(3) 
All materials that may cause fumes or dust, that constitute a fire hazard, or may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.
G. 
Site lighting.
(1) 
No use shall be conducted in a manner that has illumination that produces glare or directs illumination across a property line of an intensity that creates a nuisance or detracts from the use or enjoyment of adjacent property. Site lighting shall be installed so that the surface of the source of light shall not be visible from any property line.
(2) 
In no case shall more than one footcandle power of light cross a lot line five feet above the grade in a district that allows residential uses.
(3) 
All wall-mounted lighting for the exterior of buildings shall have hooded or similar cutoff fixtures that do not allow illumination above the horizontal plane parallel to the ground elevation. Exterior lighting for gas station canopies shall have fixtures with flat lenses or lenses that project no more than 3/4 inch from the shielded portion of the fixture. All parking lot lights mounted on poles shall have nonadjustable, shoebox or similar cutoff fixtures that do not allow illumination above the horizontal plane parallel to the ground elevation.
H. 
Smoke, dust and other particulate matter.
(1) 
For purposes of this section, "smoke" is any visible emission into the open air from any source, except emissions of an uncontaminated water vapor. A "smoke unit" is a measure of the quantity of smoke being discharged and is the number obtained by multiplying the smoke density in the smoke chart by the time of emission in minutes. Thus, the emission of smoke at a density of smoke chart No. 1 for one minute equals one smoke unit. The Ringelmann Smoke Chart shall be the standard smoke chart and shall be on file with the Administrative Official.
(2) 
The density of smoke emission shall not exceed smoke chart No. 2, and the quantity of smoke shall not exceed 10 smoke units per hour per stack.
I. 
Fire and explosive hazards. The storage and handling of flammable liquids, liquefied petroleum, gases and explosives shall comply with the Rules and Regulations of the State of Michigan.
J. 
Nuclear radiation. Nuclear radiation shall not be emitted to exceed quantities established as safe by the U.S. Nuclear Regulatory Commission.
K. 
Water supply and sewage disposal. Every building used or intended to be used for human habitation or human occupancy, including but not limited to dwellings, industrial, commercial, office and institutional uses, shall be furnished with water supply and sewage disposal as provided for in the Building Code. Accessory buildings, such as garages or storage buildings, intended and used for incidental or no human occupancy are excluded from this requirement, except that if water supply and/or sewage disposal is required and/or furnished to such building, it shall comply with the standards of the Building Code.

§ 515-91 Screening and landscaping.

Screening and landscaping in all zoning districts, where required, shall adhere to the following minimum standards.
A. 
General provisions. In all zoning districts the following minimum standards apply:
(1) 
All required landscaping shall be continuously maintained in a healthy, growing condition.
(2) 
All required landscaped areas shall be covered with grass, living or natural ground cover, wood chips, mulch or a combination of the above.
(3) 
Plastic or other nonorganic plant materials are prohibited.
(4) 
All required landscape areas in excess of 200 square feet shall be irrigated to assist in maintaining a healthy condition for all landscape plantings and lawn areas. All site plans shall note installation of required irrigation. The Planning Commission may modify this requirement due to unique circumstances or practical difficulties.
(5) 
All required landscape plantings which are diseased or dead must be replaced in conformance with the approved landscape plan.
(6) 
All required landscape areas and screen walls which abut vehicular drives, parking or other use areas shall be separated from the vehicular use area with a six-inch minimum curb of concrete or asphalt construction.
(7) 
The Planning Commission may permit the reduction of required landscaping when, based on the review of a landscape plan and other relevant information, the proposed development includes the preservation of existing trees and vegetation sufficient to provide the required screening.
B. 
Screening and landscaping standards.
(1) 
The table below provides the standards for various types of screening and landscaping required in this chapter:
Type of Screening or Buffer
Height
Width
Planting Requirements
Extensive landform buffer
8-foot berm with a 2-foot crown and maximum 3:1 slope
50 feet
1 large deciduous or evergreen tree and 4 shrubs for every 30 linear feet
Landform buffer
3-foot berm with a 2-foot crown and maximum 3:1 slope
20 feet
1 large deciduous or evergreen tree and 4 shrubs for every 30 linear feet
Buffer strip
5-foot visual barrier
20 feet
1 large deciduous or evergreen tree and 4 shrubs for every 15 linear feet
Screen wall2
6-foot (8-foot for HI District)
8 inches of brick, or decorative concrete
5-foot greenbelt adjacent to screen wall for its entire length
Greenbelt1
n/a
20 feet
1 large deciduous or evergreen tree and 4 shrubs for every 30 linear feet
NOTES:
1
Greenbelts required adjacent to road rights-of-way may be substituted with a masonry screen wall, 30 inches in height, when approved by the Planning Commission. A five-foot greenbelt adjacent to the screen wall must be provided.
2
Screen walls shall comply with the §§ 515-76 and 515-77 that relate to visibility at intersections and driveways, and § 515-92, Fences, walls and other protective barriers.
C. 
Required minimum screening and landscaping.
(1) 
The Table of Required Minimum Screening and Landscaping specifies the minimum required screening and landscaping between a subject parcel and adjacent properties.[1]
[1]
Editor's Note: The Table of Required Minimum Screening and Landscaping is included at the end of this chapter.
(2) 
The Planning Commission may permit a combination of a required landform buffer, buffer strip, screen wall, or greenbelt upon finding, based on its review of a landscape plan, that the combined landscaping and/or screening will achieve the same effect as otherwise required.
(3) 
The Planning Commission may permit a reduction of screening between single-family residential and nonresidential or multiple-family districts or uses when separated by a road right-of-way.
(4) 
The Planning Commission may modify the screening requirements where, in unusual circumstances, no good purpose would be served by compliance with the standards.
EXTENSIVE LANDFORM BUFFER
515 Ext Land Form Buf.tif
LANDFORM BUFFER
515 Land Form Buf.tif
BUFFER STRIP
515 Buffer Strip.tif
GREENBELT
515 Greenbelt.tif
SCREEN WALL
515 Screen Wall.tif
D. 
Interior landscaping. For every new development that requires site plan review, except site condominiums as regulated in § 515-97, interior landscaping areas shall be provided equal to at least 5% of the total lot area. These landscaped areas may be grouped near building entrances, building foundations, pedestrian walkways, service areas or adjacent to fences, walls or rights-of-way. All interior landscaping shall provide one large deciduous, small ornamental deciduous or evergreen tree and two shrubs for every 400 square feet of required interior landscaping area.
E. 
Parking lot landscaping. Within every parking area containing 10 or more spaces there shall be parking lot landscaping in accordance with this subsection. These landscaping areas shall be located so as to better define parking spaces and drives. All required parking lot landscaping shall conform with the following:
(1) 
Any off-street parking areas containing 10 or more parking spaces shall have parking lot landscaping according to the following schedule:
Use
Square Feet of Required Parking Lot Landscaping Per Parking Space
Commercial/office
20
Residential (multiple)
15
Industrial
10
(2) 
All required parking lot landscaping shall be designed to conform with the following requirements, subject to Planning Commission approval:
(a) 
One deciduous tree shall be required for every 100 square feet of required parking lot landscaping area.
(b) 
Parking lot landscaping areas shall be curbed with six-inch concrete curbing.
PARKING LOT LANDSCAPING (example)
515 Parking Lot Landscaping.tif
PARKING LOT ISLAND (detail)
515 Parking Lot Island.tif
F. 
Minimum plant size. All required plant materials shall have the following minimum sizes at the time of installation:
Plant Material
Minimum Size at Installation
Large deciduous canopy tree:
2 1/2-inch caliper
Small deciduous ornamental tree:
1 1/2-inch caliper
Evergreen tree:
4 feet
Shrubs:
24-inch height or spread
G. 
Suggested trees and shrubs for parking lot landscaping:
London planetree
Snowdrift crabapple
Sweetgum
Linden trees
Honey Locust
Marshall's green ash
Junipers
Dwarf pear
H. 
Suggested trees and shrubs for greenbelt areas and interior landscape areas:
Amur maple
Sweetgum
European hornbean
Hawthorns
Border privet
Little leaf linden
White ash (seedless)
Junipers
Buckhorn
Honey locust
Serbian spruce
Gingko (male only)
Scotch pine
Euonymus
Eastern ninebark
Mugo pine
Smoke tree
Cottoneaster
Beauty bush
Hedge maple
Dwarf Callery pear
Snowdrift crabapple
Bayberry
London planetree
I. 
Plant material not permitted:
Box elder
Elm (American)
Poplar
Soft maples
Tree of Heaven
Willow
Cottonwood
Mulberry
Horse chestnut (nut bearing)
Gingko (female)
Black locust
Honey locust (with thorns)
J. 
Installation and maintenance of plant materials.
(1) 
Required landscaping and screening shall be installed within six months from the date of completion of the building or improvement. A final certificate of occupancy shall be withheld until all required landscaping and screening has been installed and approved. A temporary certificate of occupancy may be issued in the interim.
(2) 
All landscaped areas shall be provided with a readily available and acceptable water supply.
(3) 
Tree stakes, guy wires and tree wrap are to be removed after one year.
(4) 
Landscaped areas and plant materials shall be kept free from refuse and debris. Plant materials, including lawns, shall be maintained in a healthy growing condition, neat and orderly in appearance. If any plant materials required by this chapter dies or becomes diseased, they shall be replaced within 30 days of written notice from the Village or within an extended time period as specified in said notice.
K. 
Trash receptacle, transformer, and mechanical equipment screening
(1) 
Dumpsters and trash storage enclosures. All areas used for the storage of trash and other waste products shall be completely screened from view. The following standards shall apply to all such trash enclosures:
(a) 
Enclosure shall be constructed of similar masonry or wood exterior materials as the buildings to which they are accessory.
(b) 
Enclosures shall be at least six feet but not more than eight feet high and shall obscure all wastes and/or containers within. An obscuring wood gate shall be installed which forms a complete visual barrier the same height as that of the other three sides.
(c) 
No enclosures shall be permitted within a required front yard or street-side side yard setback.
(d) 
All dumpsters shall be located on a six-inch concrete pad.
(2) 
Transformer and mechanical equipment screening.
(a) 
All ground-mounted transformers, climate control, and similar equipment shall be screened from view from any street or adjacent property by a wall constructed of the same exterior materials as the building and not less than the height of the equipment to be screened. As an alternative, the equipment may be screened by landscaping approved by the Planning Commission.
(b) 
All rooftop climate control equipment, transformer units, and similar equipment shall be screened. The materials used to screen the equipment shall be compatible in color and type with exterior finish materials of the building. All rooftop equipment shall conform to the maximum height regulations of this chapter.

§ 515-92 Fences, walls and other protective barriers.

All fences, walls and other protective barriers of any kind shall conform with the following provisions:
A. 
In all districts the following standards apply:
(1) 
The erection, construction or substantial rebuilding of any fence, wall or privacy screen shall be constructed in conformance with this chapter.
(2) 
A fence permit must be obtained from the Village prior to erection, construction or substantial rebuilding of any fence, wall or other protective barrier.
(3) 
All fences, walls or other protective barriers shall be located on the property unless otherwise specified.
(4) 
All fences shall meet the visibility criteria in §§ 515-76 and 515-77.
(5) 
No portion of any fence shall project beyond any property line.
(6) 
It shall be the duty of each property owner to ensure that all fences, walls and privacy screens on the property are installed and maintained plumb, with adequate support and footings, and in a safe and sightly manner, and to remove or repair any fence, wall or privacy screen that is dangerous, damaged, dilapidated or otherwise in violation of this chapter.
(7) 
Bumper-stops curbing or guard posts/rails shall be provided where any fence or wall abuts a required drive or parking area.
B. 
Residential standards. In addition to the standards in Subsection A above, the following provisions shall apply to fences and walls in all SF, SF-1, and SF-2 Districts:
(1) 
Fences or walls erected in any front yard or street-side side yard shall not exceed four feet in height, unless otherwise required by this chapter for screening of adjacent land. Where screening fences or walls are required by this chapter to be located within a required front yard or a required street-side side yard, they shall not exceed 3 1/2 feet in height within the required front yard setback. Fences or walls within a side or rear yard shall not exceed six feet in height.
(2) 
Only one fence or wall may be erected along a common lot line.
(3) 
Fences or walls containing barbed wire, razor wire, spikes, nails, sharp points, or electric current or charge are prohibited. However, barbed wire in cradles may be placed on top of fences or walls enclosing public utility facilities.
C. 
Multiple-family residential, office and commercial standards. In addition to the standards in Subsection A above, the following provisions shall apply to fences and walls for all multiple-family residential, office and commercial districts and land uses:
(1) 
No fence or wall shall be erected in any front yard or street-side side yard unless required by this chapter for screening of adjacent land. Where screening fences or walls are required by this chapter to be located within a front yard or a street-side side yard, they shall not exceed 3 1/2 feet in height within the required front yard setback. Fences or walls within side or rear yards shall not exceed six feet nor shall they be less than four feet in height above the grade of the surrounding land, unless otherwise required by this chapter.
(2) 
Fences containing barbed wire, razor wire, spikes, nails, sharp points, or electric current or charge are prohibited; however, barbed wire in cradles may be placed on top of fences enclosing public utility facilities.
D. 
Industrial standards. In addition to the standards in Subsection A above, the following provisions shall apply to fences and walls in the IO, LI, and HI Districts:
(1) 
No fence or wall shall be erected in any front yard or street-side side yard unless required by this chapter for screening of adjacent land. Where screening fences or walls are required by this chapter to be located within a front yard or a street-side side yard, they shall not exceed four feet in height within the required front yard setback. Fences or walls within side or rear yards shall not exceed eight feet nor shall they be less than four feet in height above the grade of the surrounding land.
(2) 
Fences containing razor wire, spikes, nails, or electric current or charge are prohibited; however, barbed wire in cradles may be placed on top of fences enclosing outdoor equipment storage or use areas which have received site plan approval in accordance with § 515-100.

§ 515-93 Moved buildings or structures.

Any building or structure which is moved shall be considered a new building or structure and shall conform to all provisions of this chapter and all applicable building codes.

§ 515-94 Portable structures.

Portable structures, such as a trailer or similar type of structure designed and used for hauling and/or storing inventory, merchandise or equipment, and not designed to be a permanent structure, shall not be located on any premises for more than 15 days in a calendar year, unless as permitted in § 515-94. Where permitted, portable structures shall be located in full conformance with the setback, dimensional and design requirements of this chapter. The use of any portable structure for dwelling purposes for any period of time is prohibited.

§ 515-95 Temporary construction structures.

Construction trailers which are necessary to facilitate construction on any site in the Village where construction is proceeding under a valid building permit shall be permitted and are exempt from § 515-95. However, no such structure shall be located at any construction site longer than one month after completion of construction. All temporary construction structures shall conform with all applicable provisions of this chapter. No temporary construction structure shall be used in any manner as a business sign for the use under construction.

§ 515-96 Sidewalks.

A. 
Where sidewalks are provided or required, they shall meet the following minimum standards:
Sidewalk Type
Minimum Width
(feet)
Material
Location
Public (right-of-way)
5
Concrete
1 inch inside right-of-way
Internal
4
Concrete
On site
B. 
All sidewalks shall be of barrier-free design in compliance with the Americans With Disabilities Act (ADA). Ramps and railings shall be provided as necessary to ensure barrier-free accessibility.

§ 515-97 Site condominium regulations.

The review, design, development and maintenance of a site condominium project shall conform with the provisions of this section.
A. 
Review process. Review and approval as provided in this section shall be required to construct, expand or convert a site condominium project. The review process shall involve three phases:
(1) 
Preliminary plan review and approval.
(a) 
Application. A developer of a proposed site condominium project shall submit to the Village an application for preliminary plan approval on an application form provided by the Village. The application form shall include all information called for on the form and shall be accompanied by 12 copies of a preliminary plan, the application and review fee, and any supplemental information the applicant desires to be considered during the preliminary plan review process.
(b) 
Preliminary plan content. The preliminary plan shall show the name, location and position of the project. The plan and layout shall be of sufficient detail on a topographic plan to enable a determination of whether the project meets requirements for size and shape of lots, streets, roads, drainage, floodplains and wetlands. The preliminary plan shall be drawn to scale of not more than 100 feet to one inch. It shall contain a legal description of the parcel of land to be developed, proposed layout of the individual building sites, streets, roads, floodplains, wetlands and location of proposed drainage, water and septic service. In addition, the application and/or plan shall include other information deemed necessary by the Planning Commission, Village planning consultant, or Village engineering consultant for preliminary review, including all data submittal requirements in the Village Subdivision Ordinance.[1] The plan shall also contain the name and address of the developer and the name, address and seal of the surveyor or engineer who prepared it.
[1]
Editor's Note: See Ch. 455, Subdivision Regulations.
(c) 
Preliminary plan review process.
[1] 
The application form and preliminary plan shall be forwarded to the Planning Commission, Village engineering consultant and Village planning consultant for their review.
[2] 
Following review and recommendation by the engineering and planning consultants, the preliminary plan shall be reviewed by the Planning Commission for conformance with all applicable laws and ordinances, including all ordinance design standards relative to density, condominium building sites, streets, roads, drainage, floodplains and wetlands.
[3] 
The Planning Commission shall ascertain whether, based upon the submitted application and preliminary plan, the preliminary plan will conform with all applicable ordinance requirements relative to condominium building site size, shape and layout, and street design. In addition, the Planning Commission shall review the plan for compliance with § 515-100, Site plan review.
[4] 
If the preliminary plan conforms with all applicable ordinance standards, including the design standards within the Village Subdivision Ordinance, and demonstrates conformance with requirements for site plan review, it shall be approved by the Planning Commission. If the preliminary plan fails to conform, the Planning Commission shall either deny the application or grant approval with conditions with a time limit for compliance with such conditions and resubmission, as deemed appropriate by the Planning Commission.
[5] 
Preliminary plan approval shall confer upon the developer an approval, for a period of one year, of the proposed size, shape and layout of building sites and street layout. Such preliminary plan approval may be extended if applied for by the proprietor within one year of the initial approval and approved by the Planning Commission.
(2) 
Site plan review and approval.
(a) 
After preliminary plan approval is granted by the Planning Commission, the developer shall submit an application for site plan review and approval in accordance with the submittal and review requirements in § 515-100, Site plan review.
(b) 
Application for site plan review shall include a copy of the proposed master deed, bylaws and any additional documentation to be recorded with the Register of Deeds for review and approval. The master deed shall be reviewed with respect to all matters subject to regulation by the Village, including, without limitation, ongoing preservation and maintenance of drainage, retention, wetland and other natural areas, and maintenance of general and limited common elements.
(c) 
The Planning Commission shall review the site plan and all associated submittal information and shall approve the proposed condominium project if it conforms with all applicable ordinance standards and conditions of preliminary plan approval. If the proposed condominium project does not conform with said standards and conditions, the Planning Commission may approve with conditions or deny the proposed condominium project.
(d) 
Site plan approval shall be effective for a period of one year. Such approval may be extended if applied for by the developer within the effective period and granted by the Planning Commission.
(3) 
Final engineering plan review and approval.
(a) 
Following site plan approval by the Planning Commission, the developer shall submit an application for final engineering approval to the Village, on forms provided for that purpose. The application shall include plans and information in sufficient detail for the Village and appropriate consultants to determine compliance with all applicable laws, codes, ordinances, rules and regulations enforceable by the Village subject to applicable provisions of Subsection B below.
(b) 
The Village's engineering consultants and planning consultants shall review the final engineering plans and shall approve the plans when they conform with all applicable ordinance standards, requirements and conditions of site plan approval.
(c) 
A building permit for construction of individual condominium units shall be issuable at such time as the final engineering plan has been approved, all applicable permits and approvals have been secured from all other applicable government entities, and all improvements for the project have been constructed. The Village may determine that certain improvements need not be constructed prior to the issuance of building permit for a condominium unit, provided that all improvements shall be completed prior to issuance of a certificate of occupancy for any condominium unit and the developer posts a performance guarantee in conformance with § 515-100H for the timely completion of such improvements.
B. 
Additional site condominium regulations.
(1) 
Each condominium building site shall front on and have direct access to a public street constructed to Macomb County Road Commission or Village of New Haven standards.
(2) 
There shall be compliance with all requirements of Article XVII, Schedule of Regulations,[2] and other provisions of this chapter and other applicable ordinances, with the understanding that reference to "lot" in such regulations shall mean and refer to "condominium building site" and reference to "building" (meaning principal building) or "structure" (meaning principal structure) shall mean and refer to "condominium unit envelope." In the review of preliminary plans, site plans and engineering plans, it is recognized that it may not be feasible to precisely apply traditional definitions and measures which would be made for developments proposed under, for example, the Land Division Act. However, the review of plans submitted under this section shall be accomplished with the objective and intent of achieving the same results as if the improvements were being proposed pursuant to the Land Division Act.[3]
[2]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
[3]
Editor's Note: See MCLA § 560.101 et seq.
(3) 
Prior to any grading or land development activity and/or the issuance of building permits, the developer shall demonstrate approval by county and state entities having jurisdiction with regard to any aspect of the development, including, without limitation, roads, water supply, sewage disposal and stormwater drainage.
(4) 
Prior to issuance of any certificates of occupancy, the developer shall demonstrate approval by any other governmental entities having jurisdiction that all improvements have been completed in accordance with approved plans.
(5) 
Within 60 days following final inspection and approval of all improvements, the developer shall submit to the Village an as-built survey, including dimensions between each improvement and the boundaries of the building sites, and distance of each improvement from any wetland, floodplain and/or floodway. The corners of each condominium building site shall be staked in the customary manner in connection with a survey performed for the project.
(6) 
The fees for all reviews shall be established by resolution adopted by the Village Council.
(7) 
Any proposed amendments of plans or the master deed which have received final approvals and which would have any direct effect upon any matter reviewed or approved under this section shall be reviewed and approved by the Planning Commission prior to recording.

§ 515-98 Recreational vehicles in residential districts.

Recreational vehicles, as defined in § 515-3, which are owned by a member of the family residing in a single-family home on the same lot or parcel, may be parked on a lot or parcel in any SF, SF-1 or SF-2 District subject to the following:
A. 
A maximum of one recreational vehicle may be parked on a lot or parcel outside of a garage.
B. 
Recreational vehicles may be located in a rear or side yard, provided a minimum five-foot setback is maintained from all side and rear property lines. Recreational vehicles may be located on a driveway in a front yard for a period not to exceed 24 hours during loading and unloading, provided the recreational vehicle does not impede visibility and a five-foot setback is maintained from all side lot lines (compliance with the visibility limitations in §§ 515-76 and 515-77 is required).
C. 
Recreational vehicles may not be utilized for dwelling purposes at any time. This subsection does not include the temporary use of recreational vehicles for purely recreational dwelling purposes within approved campgrounds.
D. 
Recreational vehicles must be currently registered and/or licensed for use.
E. 
Recreational vehicles must be owned by a member of the family that resides in the home.

§ 515-99 Commercial vehicles in residential districts.

Commercial vehicles, as defined in § 515-3, which are owned or operated by a member of the family residing in a single-family home on the same lot or parcel, may be temporarily parked in a SF, SF-1 or SF-2 District subject to the following:
A. 
A maximum of one commercial vehicle may be parked on a lot or parcel whether inside or outside of a garage.
B. 
The commercial vehicle must be located inside a garage or on a driveway.
C. 
The commercial vehicle shall be no larger than a regularly manufactured pickup or panel van of one-and-one-half-ton capacity. No wreckers, garbage trucks, septic tank haulers/pumpers or semi-truck/trailers are permitted.
D. 
The commercial vehicle must be currently registered and licensed for use.
E. 
The commercial vehicle must be owned or operated by a member of the family that resides in the home.
F. 
The provisions of this section shall not apply to vehicles that are utilized in the operation of a limited farm use on the same lot or parcel.

§ 515-100 Site plan review.

This section sets forth the requirements for the site plan review process in the Village of New Haven.
A. 
Developments, uses or activities requiring submittal of a site plan. A site plan shall be submitted to the Village in accordance with the procedures in this section for any of the following activities and uses in all zoning districts, excluding single-family homes, two-family homes, and residential accessory structures:
(1) 
All new construction, structural alteration, or substantial change in use, as determined by the Zoning Administrator, for principal permitted uses in all zoning districts, excluding single-family homes, two-family homes, and residential accessory structures.
(2) 
All site condominium developments in any district.
(3) 
All special land uses in any district.
(4) 
Any use that requires a new, modified or expanded parking lot.
(5) 
All multiple-family residential developments and manufactured housing parks.
(6) 
The improvement, expansion, extension or abandonment of any public or private overhead or underground utility or utility lines or easement.
(7) 
All public buildings, structures and parks.
B. 
Site plan review process. Site plans shall be reviewed in conformance with the following process:
(1) 
Applicant applies to Village Clerk for preapplication conference with Village President, Village Manager, Planning Commission Chair (or designee), planning consultant, engineering consultant, Zoning Administrator, and/or other appropriate officials, to discuss the proposed site plan, review procedures, design elements, and ordinance requirements. (Optional, but strongly recommended.)
(2) 
Applicant initiates site plan review process by submitting the following information to the Village Clerk:
(a) 
Fifteen copies of the completed site plan application form. Note: Incomplete applications, including insufficient plans, will not be processed until required information is submitted.
[Amended 6-12-2001 by Ord. No. 272]
(b) 
Fifteen copies of the site plan. A site plan submitted to the Village for preliminary site plan review must contain all of the information set forth in Subsection C below.
[Amended 6-12-2001 by Ord. No. 272]
(c) 
Fifteen copies of the Hazardous Substance Reporting Form and Environmental Permits Checklist (provided by Village).
[Amended 6-12-2001 by Ord. No. 272]
(d) 
Payment of all applicable fees.
(3) 
Village Clerk distributes complete application and site plan to Planning Commission, engineering consultant and planning consultant for their review. The Planning Commission may require review by other agencies to ensure compliance with applicable standards and requirements.
(4) 
When the completed application and site plan have been reviewed by the planning and engineering consultants, the application will be placed on the agenda of a meeting of the Planning Commission. The applicant will be notified of the date, time and place of the meeting at which the Planning Commission will consider the application.
NOTE: The applicant or a representative should attend all meetings at which his development is scheduled for discussion or action. Failure to appear at the meeting may cause the item to be tabled to the next meeting. The Planning Commission may take action on a scheduled agenda item regardless of the attendance of the applicant or a representative.
(5) 
The Planning Commission conducts preliminary site plan review to determine compliance with applicable ordinance requirements. The Planning Commission will consider all review letters and reports from the planning and engineering consultants and, where necessary, other agencies, together with such information as the applicant may present concerning the application.
(6) 
Upon determination by the Planning Commission that a preliminary site plan is in compliance with the Zoning Ordinance, as amended, and other applicable standards and requirements, the applicant may then proceed to the final site plan review process. Where a preliminary site plan is not in compliance and extensive revisions to the preliminary site plan are necessary to meet applicable standards and requirements, the required changes shall be stated in writing and the applicant shall revise the site plan and resubmit the site plan for preliminary site plan review. If changes are minor, they shall be made a part of the final site plan submission.
(7) 
The applicant initiates final site plan review by submitting the following information to the Village Clerk:
(a) 
Twelve copies of the site plan revised to address all preliminary plan review comments.
(b) 
Submission of any additional required information to address preliminary site plan review comments.
(c) 
Additional data required for final site plan approval.
(8) 
The Village planning consultant and engineering consultant shall approve, approve with conditions, or deny the final site plan after review and consideration of other reviewing agencies' comments, together with information the applicant presents concerning the application.
(9) 
Upon approval of the final site plan, such approval shall be indicated on the plan including the stamp of the Planning Commission Chairperson.
(10) 
If revisions to the final site plan are necessary to meet conditions of approval, ordinance requirements or standards, the final site plan shall be revised by the applicant and resubmitted to the Village Clerk for verification of compliance with necessary plan revisions. The Village Clerk may request assistance in verifying compliance with required plan revisions from the Planning Commission, Village consultants, or other applicable agencies.
(11) 
All denials, along with the reasons for denial, shall be indicated in writing. If the applicant desires to prepare an alternative plan, the same procedure as outlined above, beginning with submittal of final site plans for Planning Commission review, shall be followed.
(12) 
When all conditions of approval are met by the applicant, the Village Planning Commission Chair shall stamp the final site plans "APPROVED" and shall transmit copies in accordance with the following:
Sent To
Number of Copies of Approved Plan
Applicant
1
Village Clerk
2
Zoning Administrator
1
(13) 
Applicant applies for building permits.
C. 
Submission requirements.
(1) 
Site plan application form contents.
(a) 
Applicant's name, address and phone number.
(b) 
Name of proposed development.
(c) 
Common description of property and complete legal description.
(d) 
Land acreage and frontage on public roads or rights-of-way.
(e) 
Existing zoning of subject property and adjacent properties.
(f) 
Detailed description of the proposed use of the land.
(g) 
Name, address and phone number of:
[1] 
Firm(s) or individual(s) who prepared site plan(s).
[2] 
Legal owner(s) of property.
(h) 
Signature of applicant and legal owner(s) of property, if not the applicant.
(2) 
Preliminary site plan submission/data requirements. The following information shall be detailed on the preliminary site plan:
(a) 
Name of development and title block.
(b) 
Location map showing site location, major roads, and railroads.
(c) 
The site plan shall be drawn to scale of not less than one inch equals 50 feet.
(d) 
Date, North arrow, and scale.
(e) 
Property identification number(s) and the dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties.
(f) 
Location of all existing and proposed structures, uses, number of stories, gross building area, required and proposed setback lines, and distances between structures on the subject property.
(g) 
Location of all existing structures within 100 feet of the subject property lines.
(h) 
All existing and proposed aisles, drives, pedestrian paths, roadways, parking areas and number of parking spaces and location of loading areas on the subject property.
(i) 
All existing and proposed roadways, drives, parking areas and pedestrian paths within 200 feet of the subject property.
(j) 
Location and height of all walls, fences and landscaping, including a plan for landscaping of the development and the method by which landscaping is to be maintained.
(k) 
Location and widths of all abutting streets, existing and proposed rights-of-way, easements and pavement.
(l) 
Types of existing and proposed surfacing of all roads, such as asphalt or concrete paving.
(m) 
Types of facing materials to be used on structures.
(n) 
Elevations (front, sides, and rear views) of all sides of the building(s).
(o) 
A floor plan drawing showing the specific use areas of all existing and proposed building on site.
(p) 
Seal of registered architect, landscape architect, land surveyor, or civil engineer who prepared the plan.
(q) 
Density calculations (for multiple-family projects).
(r) 
Principal and accessory buildings.
(s) 
Designation of units by type of buildings.
(t) 
Interior walks and pedestrian or bicycle paths within rights-of-way.
(u) 
Exterior lighting locations, type of fixtures, and methods of shielding from projecting onto adjoining properties.
(v) 
Trash receptacle and transformer locations and method of screening.
(w) 
Drive or street approaches, including acceleration, deceleration and passing lanes, where appropriate.
(x) 
All utilities located on or serving the site, including waterlines/wells and septic/sanitary sewer lines. If any water or sewer system is proposed which serves more than one building or use, detailed construction plans shall be submitted for review by the Village's engineering consultant. All necessary reviews and permits shall be obtained and verified by the applicant prior to final site plan review.
(y) 
Loading and unloading areas.
(z) 
Designation of fire lanes.
(aa) 
Address location on building and size of numbers.
(bb) 
Location and boundaries of wetlands, one-hundred-year floodplains, lakes, streams, rivers, detention basins, drainageways, or other bodies of water, with water elevation levels indicated.
(cc) 
Soil types and characteristics using the U.S. Soil Conservation Service's Soil Survey of Macomb County, Michigan, or more detailed surveys if available.
(dd) 
Location, size and types of all proposed signs.
(ee) 
Preliminary storm system layout and flow arrows, demonstrating that storm flow connections and disposal methods are feasible.
(ff) 
Typical existing and proposed cross sections for streets, roads, alleys, parking lots, etc., as applicable, including right-of-way.
(gg) 
Existing and proposed ground contours at intervals of two feet or spot elevations sufficient to review the proposed grading and drainage plan, as determined by the Village's consulting engineer.
(hh) 
Proposed fire lanes and fire lane signs.
(ii) 
Proposed signs and specifications for control of traffic flow.
(jj) 
Location of all tree stands and measures to be taken to protect existing on-site trees not proposed for removal as part of the development.
(kk) 
Landscape plan showing species, spacing and size of each tree and plant material and ground cover.
(ll) 
Such other reasonable and relevant information as may be required by the Village to assist in the review of the proposed development.
(3) 
Final site plan submission/data requirements. In addition to the preliminary site plan data specified above, the following minimum information must be submitted for final site plan review and approval:
(a) 
Site engineering plans prepared by a registered civil engineer. Such plans shall be submitted for the Village engineering and planning consultant's review and approval. Plans shall include the following:
[1] 
A proposed grading and drainage plan. The plan shall show proposed finished floor elevations, finished grades at structures, proposed stormwater collection system, storm outlet(s), ultimate downstream outlet and, when required, retention/detention basin design calculations. Any areas of filled or reclaimed land shall be identified and all development shall detain stormwater so that the runoff from the property does not negatively impact upon adjacent properties or public and private rights-of-way. Compliance with engineering standards shall be determined by the Village Engineering consultant. The Planning Commission shall require compliance with engineering standards, subject to the Village consulting engineer's final approval, as a condition of final site plan approval.
[2] 
All utilities located on or serving the site, including sizes of waterlines and sewer lines, wells, proposed hydrants, proposed meter size, and proposed fire suppression line into building. Proposed sanitary leads, proposed sanitary sewers or on-site disposal systems must also be shown, as applicable.
[3] 
Proposed streets and drives showing types of surfacing, whether public or private, and grade elevations.
[4] 
Modifications to the site plan demonstrating compliance with all preliminary site plan review conditions of approval.
D. 
Site plan review criteria. In reviewing site plans, the Village and its consultants shall consider and require compliance with the following:
(1) 
All application and site plan review submittal criteria have been met.
(2) 
The site plan is in full conformance with all applicable Zoning Ordinance requirements.
(3) 
The location of development features, including principal and accessory buildings, open spaces, parking areas, driveways and sidewalks, minimize possible adverse effects on adjacent properties and promote pedestrian and vehicular traffic safety.
(4) 
On-site circulation of both vehicular and pedestrian traffic will achieve both safety and convenience of persons and vehicles using the site.
(5) 
Landscaping, earth berms, fencing, signs and obscuring walls are of such a design and location that the proposed development is aesthetically pleasing and is harmonious with nearby existing or proposed developments.
(6) 
Utility services, including proposed water, sanitary sewer and stormwater runoff systems, are sufficient to fulfill the projected needs of the development and the recommendation of the Village consulting engineer. Approval by a state or county department having jurisdiction, such as the Department of Health, Drain Commission or Road Commission, may also be a prerequisite to approval.
(7) 
Notwithstanding any other provisions of this chapter, the Village may require as a condition of final site plan approval, landscaping, berming, fencing, construction of walls, marginal access drives or other appurtenances as necessary or desirable to promote the health, safety and welfare of the community; to provide adequate protection to surrounding properties, to preserve and promote the character of the district and the intent of this chapter; and to achieve a lasting and desirable improvement to the community.
E. 
Site plan review standards for groundwater protection. The following provisions shall apply to all uses and facilities which require site plan review under the provisions of this chapter.
(1) 
Hazardous substances and polluting materials are defined as a chemical or other material which is or may be injurious to the public health, safety or welfare, or the environment.
(2) 
Site plan review information requirements.
(a) 
The applicant for site plan review shall complete and submit the Hazardous Substances Reporting Form for Site Plan Review and the Environmental Permits Checklist at the time of application for site plan review (forms provided by Village).
(b) 
The Village may require a listing of the type and quantity of all hazardous substances and polluting materials which will be used, generated, produced or stored on the site.
(c) 
The site plan shall detail the location of the following:
[1] 
Public or private wells on site and on adjacent sites.
[2] 
Septic systems and other wastewater treatment systems, including the location of all subcomponents of the system.
[3] 
Interior and exterior areas to be used for the storage, use, loading, recycling, production or disposal of any hazardous substances and polluting materials.
[4] 
Underground storage tanks. (Note material to be stored.)
[5] 
Aboveground storage tanks. (Note material to be stored.)
[6] 
Exterior and interior drains, dry wells, catch basins, retention/detention areas, sumps and other facilities designed or intended to collect, store or transport stormwater or wastewater. The point of discharge for all drains and pipes shall be specified on the site plan.
[7] 
Wetlands, watercourses, lakes, ponds, rivers and streams.
[8] 
Soil characteristics of the parcel, at least to the detail provided by the U.S. Soil Conservation Service Soil Survey.
[9] 
Areas on the site which are known or suspected to be contaminated, along with a report on the status of cleanup efforts, if applicable.
(3) 
Groundwater protection standards.
(a) 
General.
[1] 
The project shall be designed to protect the natural environment, including lakes, ponds, streams, wetlands, floodplains and groundwater, and to ensure the absence of an impairment, pollution and/or destruction of the air, water or other natural resources.
[2] 
Stormwater management and drainage facilities shall be designed to retain the natural retention and storage capacity of any wetland, water body or watercourse and shall not increase flooding or the potential for pollution of surface water or groundwater, on site or off site.
[3] 
Floor drains shall be connected to a public sewer system, an on-site holding tank without an outlet, or a system authorized by through a state groundwater discharge permit.
[4] 
Sites shall be designed to prevent spills and discharges of hazardous substances and polluting materials to the air, surface of the ground, groundwater or surface water.
[5] 
State and federal agency requirements for storage, spill prevention, recordkeeping, emergency response, transport and disposal of hazardous substances and polluting materials shall be met. No discharges to groundwater, whether direct or indirect, shall be allowed without required permits and approvals.
[6] 
In determining compliance with the standards in this chapter, the Village may utilize appropriate and applicable reference standards regarding best management practices for groundwater protection.
(b) 
Aboveground storage and use areas for hazardous substances and polluting materials.
[1] 
Secondary containment of hazardous substances and polluting materials shall be provided. Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substance.
[2] 
Outdoor storage of hazardous substances and polluting materials shall be prohibited except in product-tight containers which are protected from weather, leakage and vandalism.
[3] 
Secondary containment structures shall not have floor drains or other outlets, except as necessary for connection to pumping trucks for removal of spilled product.
[4] 
Areas and facilities for loading, handling, production, use or disposal of hazardous substances and polluting materials shall be designed and constructed to prevent discharge or runoff to floor drains, rivers, lakes, ponds, wetlands, groundwater or soils.
(c) 
Underground storage tanks for the storage of hazardous substances and polluting materials.
[1] 
Existing and proposed underground storage tanks shall be registered with the authorized state agency in accordance with applicable state and federal law.
[2] 
Installation, operation, maintenance, closure and removal of underground storage tanks shall be in accordance with requirements of the authorized state agencies. Leak detection, corrosion protection, spill prevention and secondary containment requirements shall be met. Records of monthly monitoring and inventory control shall be retained and available for review by appropriate federal, state and local government officials in the event of a product release or spill.
[3] 
Out-of-service or abandoned underground tanks shall be emptied and removed from the ground in accordance with requirements of the authorized state and federal agencies.
(d) 
Sites with contaminated soils and/or groundwater.
[1] 
Site plans shall detail the location and extent of any contaminated soils or groundwater on the site.
[2] 
Written verification from the authorized state agencies shall be provided as a part of site plan review application that indicates their approval of the proposed use or activity in relation to the contamination on site and cleanup efforts underway or anticipated.
F. 
Expiration of site plan approval.
(1) 
The approval of any preliminary site plan under the provisions of this chapter shall expire and be void one year after the date of such approval unless final site approval has been granted or is in an active stage of review. Approval of any final site plan under the provisions of the chapter shall expire and be void one year after the date of such approval unless actual construction has commenced in accordance with the issuance of a valid building permit. Upon expiration of a final site plan approval, all preliminary site plan approvals shall expire.
(2) 
The time limits set forth above may be extended by the body which approved the site plan, subject to the following:
(a) 
The extension must be requested in writing prior to the expiration of the preliminary or final site plan approval period;
(b) 
An extension may be granted for any period of time not to exceed one year; and
(c) 
No more than two one-year extensions may be granted.
G. 
Fees. Any application for site plan approval, preliminary or final, shall be accompanied by a fee as determined from time to time by resolution of the Village Council.
H. 
Performance guarantee.
(1) 
The Village may require a cash deposit, certified check, irrevocable bank letter of credit, or surety bond to cover the estimated cost of improvements necessary to ensure compliance with this chapter. This performance guarantee shall be deposited with the Clerk of the Village to ensure faithful completion of the improvement. The performance guarantee shall be deposited at the time of issuance of the permit authorizing the activity or the project.
(2) 
Whenever a cash deposit is required, the Village shall establish a reasonable rebate of such cash deposit based on a proportion of work completed versus the total work required. This section shall govern whenever a financial guarantee is required by authority of this chapter notwithstanding any provisions to the contrary.
I. 
Approval and issuance of building permits. Building permits shall not be issued until site plan approval has been granted by the Planning Commission and, where applicable, the Village engineering consultant has approved the final engineering plans for the site.
J. 
Amendments of approved site plans.
(1) 
An approved site plan may be amended by written application to the Village Clerk in accordance with the submittal and review procedures for site plan review detailed in § 515-100. Where the changes are minor, the Planning Commission may waive the preliminary site plan review process and refer the revisions to staff or consultants for final action.
(2) 
Any actual construction or plan changes made during construction which are not approved by the Planning Commission and which differ from an approved site plan shall be made at the applicant's own risk without any assurances that the Planning Commission will approve such changes. It shall be the responsibility of the developer and/or applicant to apply for and receive site plan approval for any modifications to approved site plans.
K. 
Inspection. Inspections of all construction shall be conducted by the Building Inspector and Administrative Official in conformance with §§ 515-198, 515-199 and 515-201.
L. 
Staging or phasing of development.
(1) 
Whenever a project is proposed to be developed in stages, each stage shall be clearly denoted on the preliminary and final site plan.
(2) 
Site plan review and approval shall be required (including fees) for each subsequent stage which is proposed to begin later than one year after the original approval. An extension may be granted by the body which approved the site plan, subject to the following:
(a) 
The extension must be requested in writing prior to the expiration of the original site plan approval period;
(b) 
An extension may be granted for any period of time not to exceed one year; and
(c) 
No more than two one-year extensions may be granted.
M. 
Certificates of occupancy and performance guarantees. Certificates of occupancy shall only be considered by the appropriate administrative official in conformance with the provisions in §§ 515-199 and 515-200.
N. 
Violations and enforcement. Violations and enforcement of the provisions of this section shall be addressed in accordance with the provisions in § 515-206.

§ 515-101 Off-street parking and loading.

A. 
Off-street parking and loading requirement established. In all zoning districts, off-street parking and loading facilities for the parking of motor vehicles and the loading and unloading of merchandise or materials shall be provided in accordance with this section for all new developments, uses or activities specified, and shall not subsequently be reduced below the requirements of this section. In addition, any change in use, expansion, alteration or significant change in the size or intensity of an activity, land use or structure shall also conform to the provisions of this section.
B. 
Off-street parking facility standards. Whenever the off-street parking requirements in this chapter require the building of an off-street parking facility, such off-street parking facility shall be designed, constructed, and maintained in accordance with the following standards and regulations:
(1) 
Plans for the layout of off-street parking facilities shall be in accordance with the following minimum requirements:
Off-Street Parking Lot Layout
Parking Pattern
(degrees)
Maneuvering Lane Width
(feet)
Parking Space Width
(feet)
Parking Space Length
(feet)
Total Width of Two Tiers Plus Maneuvering Lane
(feet)
0
12
8
22
40
30 to 53
14
9
18
50
54 to 74
16
9
18
56
75 to 90
24
9
18
60
(2) 
All parking spaces shall be provided adequate access by means of on-site maneuvering lanes. Backing directly onto or into a right-of-way or street shall be prohibited. All parking spaces and associated maneuvering lanes shall be located on private property and shall not be located partially or wholly in any right-of-way.
(3) 
Adequate ingress and egress to any parking lot shall be provided for all vehicles by means of clearly defined driveways.
(4) 
The number of driveways provided shall be the minimum necessary to provide reasonable ingress and egress. Parking facilities shall be designed to minimize the potential for pedestrian and vehicle sideswipe accidents adjacent to through aisles.
(5) 
Parking facilities shall be designed to minimize the potential for pedestrian and vehicle sideswipe accidents to through aisles.
(6) 
All maneuvering lanes shall permit one-way traffic only except zero-degree (parallel) and ninety-degree spaces, which shall permit two-way traffic (zero-degree spaces must have two twelve-foot maneuvering lanes if two-way traffic is proposed).
(7) 
All parking areas shall be provided with a paved, asphalt or concrete surface in accordance with the specifications approved by the Village engineering consultant.
(8) 
All driveways to and from any off-street parking facility shall be at least 25 feet distant from any adjacent property line.
(9) 
Off-street parking spaces shall be no closer than 20 feet to any front lot line or exterior side lot line and no closer than 10 feet to any rear or interior side lot line. Furthermore, in the GB District, not more than 66% of provided off-street parking shall be located in the front yard.
(10) 
Off-street parking spaces and associated drives shall not be located in any required front or street-side side yard.
(11) 
All parking areas shall be adequately drained, in accordance with specifications of the Village's engineering consultant, so as to prevent ponding or drainage of runoff onto adjacent parcels or rights-of-way. Runoff shall be detained or retained, in accordance with the specifications of the Village's engineering consultant, so as to minimize impact of stormwater runoff on the site, adjacent parcels and rights-of-way. In no instance shall stormwater runoff exceed the agricultural rate for the site.
(12) 
Lighting shall be located and designed in accordance with § 515-90. Lighting fixtures shall be shielded downward and away from adjacent properties and rights-of-way.
(13) 
Landscaping and screening of parking facilities shall be provided in accordance with §§ 515-91 and 515-92.
(14) 
All off-street parking facilities shall be located on the same lot or parcel as the building or use which they are intended to serve. Where collective or joint-use parking facilities are proposed or desired, they may be permitted after site plan review and approval in accordance with § 515-100 and the following:
PARKING LAYOUT ILLUSTRATION
515 Parking Layout Illus.tif
(a) 
Parking shall be provided for the sum of the total parking required under the provisions of this section for the individual uses to be served by the joint-use parking facility.
(b) 
Where the joint use of parking facilities involves two or more lots or parcels which are in separate ownership, written consent to the proposed joint use of parking facilities shall be provided. Said written consent shall be in the form of an easement for joint use of parking and shall be recorded with the County Register of Deeds.
(15) 
All new or expanded parking facilities, including paving of existing unpaved parking lots, shall be reviewed and approved in accordance with § 515-100.
C. 
Off-street parking facility limitations.
(1) 
Off-street parking facilities shall not be used for the storage of materials or merchandise at any time.
(2) 
Where the outdoor storage of vehicles is associated with the principal or accessory use(s) of a site, the approved site plan shall detail the location of required off-street parking facilities and the location of outdoor areas for the parking or storage of vehicles.
(3) 
Required parking facilities may be provided within garages or carports or in paved outside parking lots. Where parking is provided in a garage, carport or other accessory structure, said accessory structure shall be located in accordance with § 515-78.
(4) 
Existing off-street parking facilities provided at the effective date of this chapter, actually being used at that date for off-street parking in connection with the operation of an existing building or use, shall not be reduced to an amount less than hereinafter required under this section for a similar new building or new use.
D. 
Schedule of required parking spaces by type of use. The number of off-street parking spaces required under Subsection A of this section shall be determined in accordance with the following table:
Use
Minimum Number of Parking Spaces per Indicated Area or Unit of Measure
Residential:
1-family residential (including mobile homes)
2 for each dwelling unit
2-family residential
2 for each dwelling unit
Multiple-family residential
2 for each dwelling unit
Independent senior residential, where residents live in their own independent apartments or other housekeeping units
1 for each dwelling unit and 1 for each employee
Congregate senior residential, where residents occupy a private or shared room and have meals, medical, laundry, and other services provided daily
3 for each 4 units and 1 for each employee
Institutional:
Convalescent or rest homes
1 for each 2 beds
Places of worship
1 for each 3 persons allowed under state, county or local fire and health regulations; or 1 for each 5 feet of pews, or 1 for each 3 seats in the main unit of worship, whichever is greater
Hospitals; clinics
2 for each bed plus parking for related uses
Private and public elementary and junior high schools
1 for each 2 seats in the auditorium or assembly hall or 1 space for each employee, plus 10 visitor spaces, whichever is greater
Public and private high schools and similar institutions
1 for each 2 seats in the auditorium or assembly hall or 1 space for each employee, plus 1 space for each 5 students, whichever is greater
Public and private schools converted or used for adult education classes
1 space for each 1 1/2 students, based on the maximum occupancy as determined by local or state fire codes
College, university, business, vocational or similar school principally enrolling students 17 years of age or older
1 parking space for each pupil, plus parking requirements for places of public assembly shall be met if used during periods of classroom assembly
Small residential colleges, religious schools and similar institutions
1 for each 3 students plus 1 for each employee
Private clubs or lodges
1 for each 3 persons allowed within the maximum occupancy load as established by local, county, or state fire or health codes
Private swimming pools, clubs or other similar uses
1 for each 2 member-families or individuals plus spaces required for each accessory use, such as a restaurant or bar
Fraternity or sorority
1 for each 5 active members or 1 for each 2 beds, whichever is greater
Theaters and auditoriums
1 for each 3.4 seats plus 1 for each employee
Theaters and auditoriums in shopping centers
1 for each 4 seats
Stadiums, sports arenas or other place of outdoor assembly
1 for each 3 seats or 5 feet of benches
Libraries, museums or post offices
1 for each 200 square feet of gross floor area (GFA)
Nursery schools, day-care centers
1 for each 350 square feet of usable floor area, plus 1 space for each employee. See Subsection E below for stacking spaces
Offices:
Banks, savings and loans, credit union
1 for each 200 square feet of usable floor area. See Subsection E below for stacking space requirements
General offices under 30,000 square feet GFA
4 for each 1,000 square feet of gross leasable area (GLA)
General offices containing over 30,000 square feet GFA
3.3 for each 1,000 square feet of GLA
Professional offices of doctors, dentists, veterinarian or similar professionals; clinics
1 for each 100 square feet of usable floor area in waiting rooms and 1 for each examining room, x-ray room, dental chair or other similar use area
Industrial:
Industrial or research establishments and related accessory offices
5 plus 1 for each employee in largest working shift, or 5 plus 1 for each 500 square feet GFA, whichever is greater
Warehouses and wholesale establishments and related accessory offices
5 plus 1 for every 1 employee in the largest working shift, or 5 plus one for each 1,700 square feet of GFA, whichever is greater
Self-storage or mini-warehouse
5
Business/Commercial:
Commercial retail shopping centers
1 for each 192 square feet of gross leasable area (GLA)
Furniture and appliances, showroom of a plumber, decorator, electrician or similar trade
1 for each 800 square feet GFA plus 1 for each two employees
Beauty and barber shops
3 for each chair, tanning station, or other similar use area
Mortuaries and funeral parlors
1 for each 3 persons allowed under state, county, or local fire and health codes
Miniature golf establishments; par-3 golf courses
3 for each 1 hole and 1 for each employee, plus required parking for accessory uses
Golf courses, excluding par-3 courses
6 for each 1 hole and 1 for each employee, plus required parking for accessory uses
Bowling alleys
5 for each bowling lane plus required parking for all accessory uses
Dance halls, pool or billiard parlors, roller-skating rinks and exhibition halls without fixed seats
1 for each 3 persons allowed under state, county, or local fire and health codes
Restaurant, sit down
1 for each 70 square feet of GFA
Restaurant, carry out or fast food
1 for each 60 square feet of GFA of waiting area, plus 1 for each 70 square feet of sit down area. See Subsection E below for stacking space requirements
Laundromats and coin-operated dry cleaners
1 for each 2 machines
Automobile wash (automatic)
1 for each one employee plus an automobile standing area outside the car wash structure equal to 4 times the maximum capacity of the auto wash. The maximum capacity of the auto wash shall mean the greatest number of automobiles possible undergoing some phase of washing at the same time, which shall be determined by dividing the length in feet of each wash line by 20
Automobile wash (self-service)
1 for each employee plus 5 automobile standing spaces for each washing stall in addition to the stall itself; the automobile standing spaces shall be no less than 18 feet by 9 feet
Vehicle convenience stations; vehicle repair garage; vehicle service center
A minimum of 5 spaces, plus 4 spaces exclusive of service stall space for each service stall, plus spaces as required for any other accessory uses
Motel, hotel or other commercial lodging establishments
1 1/2 for each unit plus required parking for all accessory uses
Motor vehicle sales and service
1 for each 200 square feet of usable floor area of sales room and 1 for each auto service stall exclusive of the stall itself
Conference facility
1 for every 3 persons allowed within the maximum occupancy established by the Fire Department or state, county or local building or health codes, plus parking for accessory uses
Retail stores except as specified herein
1 space for each 175 square feet of GFA
E. 
On the same premises with every building, structure or part thereof that serves customers in their automobiles by means of a service window, the following off-street stacking spaces shall be provided:
Use Served
Minimum Stacking Requirements
(per lane)
Restaurant
The distance between the order board and first pickup window shall provide for 4 vehicles in advance of the window. In addition, 4 vehicle stacking spaces shall be provided in advance of the order board. The above shall be increased by 100% for drive-through-only facilities.
Financial institution
6 vehicles per lane, inclusive of the vehicle at the window
Nursery school, day-care center
1 vehicle per 15 children, inclusive of the vehicle at the dropoff point. No parking area or maneuvering lanes shall be permitted between the dropoff point and the principal entrance to the building.
Dry cleaners
4 vehicles per lane, inclusive of the vehicle at the window
Other uses
For uses not listed above, the Planning Commission shall make a determination of minimum required vehicle stacking at the time of site plan review, based upon analysis by the planning consultant
NOTES:
(1)
Drive-through lanes shall not utilize any space which is necessary for adequate access to parking from internal maneuvering lanes.
(2)
Drive-through lanes shall have a minimum center-line radius of 25 feet.
(3)
Drive-through lanes shall be striped, marked or otherwise distinctly delineated.
(4)
Stacking spaces shall be no more that 18 feet in length by nine feet in width.
F. 
Rules for calculating required number of parking spaces:
(1) 
When units of measurement determining number of required parking spaces result in requirement of a fractional space, any fraction up to and including 1/2 shall be disregarded and fractions over 1/2 shall require one parking space.
(2) 
In the case of a use not specifically listed, the requirements for off-street parking facilities for a use which is listed and to which said use is similar shall apply. In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements of the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as herein specified for joint use. In the case where there is no similar use for comparative parking calculation, the Administrative Official shall determine the required parking for a given use.
(3) 
Nothing in this subsection shall be construed to prevent collective provision of off-street parking facilities for two or more buildings or uses, provided that the total of such off-street parking facilities provided collectively shall not be less than the sum of the requirements for the various individual uses computed separately.
(4) 
A parking facility which provides collective parking for two or more uses may be designed to provide less than the sum of the requirements for each use, subject to the following:
(a) 
The operating hours of the uses shall not overlap;
(b) 
Seventy-five percent of the total required off-street parking for the uses collectively shall be provided. Where the proposed collective parking facility is intended to also provide parking for a church, the off-street parking requirements for the church may be reduced to 50% of the total required off-street parking for purposes of calculating the total collective spaces required, provided all other provisions of this subsection are met.
(c) 
Written verification, in the form of a recorded collective parking agreement, shall be provided to the Village prior to approval of any site plan or building permit which includes a collective parking facility.
G. 
Barrier-free parking standards.
(1) 
Barrier-free parking spaces shall be provided in accordance with the following.
(a) 
Table of required number of barrier-free spaces:
Spaces in Lot
Required No. of Barrier Free Spaces
1 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1,000
2% of total
1,001 and over
20, plus 1 per 100 above 1,000
(b) 
Van-accessible spaces shall be provided according to the following:
[1] 
At least one van-accessible space; and
[2] 
One van-accessible space for every eight required barrier-free spaces. Van spaces count as a designated barrier-free space.
(2) 
Barrier-free signage shall be provided in accordance with the following:
(a) 
Signs shall be provided for each barrier-free space or van barrier-free space. The stall signs shall be at least 70 square inches and shall be pole- or building-mounted at least five feet above grade. The signs shall conform with the blue-and-white international symbol of accessibility.
(b) 
Barrier-free paint markings shall be blue.
(3) 
Barrier-free spaces shall be located in close proximity to main entrance doors or access points to the primary building(s) or use(s).
(4) 
Barrier-free parking space stall widths shall be a minimum of nine feet.
(5) 
A barrier-free access aisle shall be immediately adjacent to all required barrier-free spaces and shall be located on the passenger side of each space unless it is located between and is shared by two barrier-free spaces. Access aisles shall be a minimum of 60 inches wide for barrier-free spaces and 96 inches wide for van spaces.
(6) 
Ramps shall be provided at all curbs where necessary to provide direct barrier-free access to principal building(s) or use(s). Ramps shall not exceed a slope of 1:12.
H. 
Off-street loading requirements.
(1) 
All developments which include uses or facilities involved in the receipt or distribution of materials, goods or merchandise shall provide and maintain adequate loading areas in accordance with the following schedule:
Required Loading Space
Gross Floor Area
(square feet)
0
0 to 1,999
1
2,000 to 19,999
1 space plus one space for each 20,000 square feet in excess of 20,000 square feet
20,000 to 99,999
5 spaces plus one space for each 40,000 square feet in excess of 100,000 square feet
100,000 or more
(2) 
Loading areas shall be a minimum of 10 feet wide and 50 feet long and shall have a minimum overhead clearance of 15 feet.
(3) 
Loading areas shall be located to eliminate conflicts with pedestrian, vehicular drive and parking areas.
(4) 
Loading areas shall be designed to minimize the impact of loading and unloading activities on adjacent properties and rights-of-way. They shall be screened from view by walls, building setbacks, landscaping or a combination thereof, and shall be designed to reduce the noise and light nuisances associated with service activities.
(5) 
Loading areas shall be located only in side or rear yards. No required front or street-side side yard shall be used for a loading area. Loading areas shall not be located closer than 50 feet to any adjacent property zoned SF-1 or SF-2, or 25 feet to any other property line.
(6) 
Loading areas shall be designed to accommodate all truck or other service vehicle turning movements on site. No public rights-of-way shall be utilized for truck or service vehicle maneuvering.

§ 515-102 Raising or keeping of animals.

The raising or keeping of animals shall be in accordance with the following:
A. 
Domestic pets may be kept by the resident(s) of any parcel, subject to the provisions of § 515-145, Kennels.
B. 
The operation of a private or commercial kennel in any district in which such use is permitted by this chapter shall be in accordance with § 515-145, Kennels.

§ 515-103 Ponds.

Private residential or limited farm ponds may be permitted in the SF District in conformance with the following:
A. 
A zoning compliance permit shall be required for the construction or enlargement of all private residential limited/farm ponds. The property owner shall submit an application to the Village Clerk, for review by the Village Zoning Administrator. The application shall be accompanied by a site plan that demonstrates compliance with Subsections B through J below. The Zoning Administrator shall review and approve or deny the zoning compliance permit in accordance with §§ 515-199, 515-200 and 515-201.
B. 
A minimum setback of 100 feet shall be maintained between the edge of any pond excavation to any property line.
C. 
A minimum setback of 100 feet shall be maintained from the edge of any pond to any septic tank or septic drain field.
D. 
A minimum setback of 25 feet shall be maintained from the edge of excavation to the nearest point of any single-family home or any accessory building.
E. 
There shall be no slope in excess of 4:1 (four feet horizontal to one foot vertical) until the pond reaches a depth of five feet at the low-water mark on all sides of the pond.
F. 
Excavated materials in excess of 1,000 cubic yards may not be hauled off the site unless special approval is granted in full conformance with § 515-139.
G. 
All applications for private residential or limited hobby farm ponds shall be accompanied by a permit fee in an amount established by resolution of the Village Council.
H. 
A performance bond, in an amount established by the Village Council, shall be posted by the applicant prior to issuance of a zoning compliance permit to ensure completion of all required improvements.
I. 
If requested by the Zoning Administrator, the applicant shall submit written verification from the Michigan Department of Environmental Quality that the proposed pond will not impact a wetland as regulated by the MDEQ under Act 203 of 1979, as amended.
J. 
All approved ponds shall be completed within six months of the date of permit issuance. Extensions may be granted by the Zoning Administrator for a period not to exceed an additional six months.
K. 
Commercial use of any private residential pond or limited farm pond for swimming, fishing, boating or the like shall be prohibited.
L. 
On-site dispersal of excavated material shall be in accordance with the following guidelines:
(1) 
Excavated materials shall be contoured or used to create berms with a maximum slope of 1:3.
(2) 
Where excavated materials are bermed or otherwise will result in an increase in grade, the materials shall be contoured to avoid interruption of the horizon with the top layer of the redistributed materials. The following graphic details the desired design effect of this subsection.
(3) 
All excavated material shall be suitably graded and seeded or otherwise covered with grass or other living ground cover so as to prevent erosion and to visually incorporate redistributed excavated materials into the surrounding landscape.
PROPER USE OF OVERBURDEN FOR PRIVATE RESIDENTIAL PONDS
515 Overburden Private Res Ponds.tif

§ 515-104 Residential driveway standards.

In order to improve response time and ensure adequate access by emergency services vehicles, the following standards shall apply to all private driveways for all principal uses in all districts in the Village of New Haven:
A. 
All trees and brush shall be kept cleared for a minimum width of 14 feet for the full length of all private drives.
B. 
All topsoil, stumps and unstable soil shall be removed and backfilled with appropriate material and surfaced with a bituminous pavement a minimum of three inches in depth for a minimum width of 12 feet for the full length of the driveway.
C. 
The surface of the driveway shall be properly drained so that water damage and frost heave will not impede access by emergency vehicles.
D. 
A minimum center-line radius of 50 feet shall be maintained for all curves to ensure access by emergency vehicles. (Refer to sketch below for an illustration of this standard.) In addition, a minimum clear area of 18 feet shall be maintained through all curved sections.
515 Centerline Radius.tif
E. 
No bridges shall be permitted as part of driveway construction unless they are certified by a registered civil engineer as capable of supporting a thirty-ton fire truck.
F. 
No structures shall be over or across any driveway unless said structure maintains not less than 14 feet of vertical and horizontal clearance.

§ 515-105 Home occupations.

Home occupations, where permitted in this chapter, shall conform with the following:
A. 
The home occupation shall be a use or activity which is clearly incidental to the residential use of the lot or parcel and the residence on the same lot or parcel.
B. 
No article, merchandise or service shall be sold or offered for sale on the premises except such as is produced by the permitted home occupation on the same lot or parcel.
C. 
No internal or external alterations, construction features, equipment or machinery shall be used in conjunction with a home occupation which is not customary and incidental to a residential use.
D. 
No employees are permitted, other than members of the family residing in the same home as the home occupation.
E. 
Signage shall be limited to one sign which shall not exceed one square foot. Said sign shall not be illuminated.
F. 
No equipment, process or activity shall occur which creates noise, vibration, glare, fumes, odors or electrical interference on another lot or in another dwelling.
G. 
Traffic generated by the home occupation shall not exceed volumes which would be customarily expected in a residential area. Any parking areas associated with the home occupation shall be located in a side or rear yard only.
H. 
No hazardous or explosive materials or products shall be used, produced or stored in conjunction with any home occupation.

§ 515-106 Residential accessory yard waste composting.

The construction and maintenance of residential yard waste composting bins accessory to one single-family residential dwelling unit shall be permitted, subject to the following specifications:
A. 
One bin is permitted as accessory to a single-family residence on the same lot or parcel. Said bin shall not exceed five feet cubed (125 cubic feet) in volume area.
B. 
Compost materials shall be located in a bin constructed of wood, wire, metal or plastic.
C. 
The bin may be a stationary or rotating unit.
D. 
The bin shall be located only in a rear yard.
E. 
The bin shall be maintained to minimize odors.
F. 
Compost material shall not include meats, bones, dairy products, vegetable oils, cooked foods, pet manure, fish remains, plastics or other nonbiodegradable materials.

§ 515-107 Restoration of condemned or unsafe buildings.

Any building or structure which has been condemned by authorized officials in conformance with applicable condemnation procedures shall not be restored or rebuilt unless there is full compliance with the provisions of this chapter, including but not limited to setback, area, bulk, height and use regulations. Condemned buildings or structures are hereby declared exempt from the nonconforming provisions of this chapter and shall not be used in any fashion unless in full conformance with the provisions of this chapter. This section shall not be construed as preventing the required boarding or other necessary actions to make a condemned or unsafe structure secure or in any way prevent a structure from being maintained in a safe manner.

§ 515-108 Nonresidential building facing material standards.

The exterior of all buildings in the GB, IO, LI and HI Districts shall conform with the following:
A. 
The front and those sides visible from the road of new buildings shall be constructed of masonry building materials such as face brick, stone or decorative block (scored, fluted or split-faced), or other materials approved by the Planning Commission during site plan review as equivalent in quality and appearance to the above materials.
B. 
The Planning Commission shall find that the proposed building facade and materials include a complementary contrast between materials in the overall appearance of the building.
C. 
The Planning Commission shall review and approve the proposed exterior facing materials during site plan review. The proposed exterior facing materials shall be noted on the building elevation drawings.

§ 515-109 Transient and temporary amusement activities.

Circuses, carnivals or other transient amusement enterprises may be permitted in accordance with the provisions of this section.
A. 
Transient and temporary amusement activities may be proposed in any district except SF, SF-1 and SF-2 Districts, and shall include all the following characteristics to be considered for approval under this section:
(1) 
The activity is of a clearly transient and temporary nature, with a duration of less than two weeks, including setup and removal of associated temporary structures.
(2) 
The activity does not include any permanent structures or other improvements.
(3) 
The activity can be accommodated completely on the proposed site, with no use of any off-site area, including rights-of-way, for any activity related to the proposed use, including parking, vehicle queuing, entrance admittance procedures, and signage.
B. 
Proposed activities under this section shall be reviewed in conformance with the following process:
(1) 
Application for a transient and temporary amusement activity shall be made by the applicant to the Village Clerk on forms provided for that purpose by the Village. The application shall be completely filled out and shall include the review fee, as established by Village Council resolution, and all other plans and submittals as required under Subsection C below.
(2) 
The Planning Commission shall review the proposed application, site plan and other required submittals. The Planning Commission may hold a public hearing to solicit public input and shall make recommendation to the Village Council regarding the following:
(a) 
Applicant's conformance with required submittals;
(b) 
Appropriateness of the use at the proposed location;
(c) 
Adequacy of the road network to provide access to the site;
(d) 
Conformance of the site plan with the submission, content and review criteria in § 515-100, Site plan review;
(e) 
Adequacy of proposed methods of reducing impact of use on the road network, adjacent properties and the natural environment; and
(f) 
Conformance with the provisions of Subsection B(4)(a)[1] through [6] below.
(3) 
The Village Council shall review the proposed application, site plan, and other required submittals. The Council shall consider the Planning Commission's recommendation and findings in its review. In addition, the Village Council may also conduct a public hearing to solicit public comment.
(4) 
Grant of permit; denial.
(a) 
The Village Council may grant a permit to conduct the proposed temporary amusement activity if the Village Council finds all of the following criteria have been met:
[1] 
The proposed activity will not adversely affect adjoining properties, the road network or the natural environment;
[2] 
The proposed site plan conforms with the review comments and recommendations of the Planning Commission;
[3] 
The proposed activity has been designed to reduce, to the extent possible, negative impacts on adjacent properties;
[4] 
Appropriate sanitary facilities will be provided;
[5] 
Appropriate security and public safety measures will be provided during all phases of the proposed activity; and
[6] 
All required permits from other agencies have been secured.
(b) 
Where the Village Council finds that these criteria have not been met, it shall deny the requested permit. Appeals from a denial shall be made to the Zoning Board of Appeals.
(5) 
Where a permit is granted for a temporary amusement activity, the Zoning Administrator shall conduct a zoning compliance inspection prior to commencement of the permitted activity to ensure compliance with the approved permit and site plan. All other necessary reviews, inspections and approvals from other agencies having jurisdiction shall be the responsibility of the applicant and shall be completed prior to commencement or opening of the activity to the public.
C. 
Applications shall include the following:
(1) 
Application form completely filled out and signed by all necessary signatories;
(2) 
Written letter of agreement between all property owners and the applicant permitting use of subject parcel(s) for the proposed activity, including any restrictions, length of agreement, and all signatures of all parties to the agreement. Said agreement shall be notarized by a notary public in the County of Macomb;
(3) 
A site plan prepared in conformance with the preparation, content and submittal requirements for a preliminary site plan as specified in § 515-100, Site plan review; and
(4) 
Review fee, as established by resolution of the Village Council.
D. 
The Village Council shall require posting of a performance guarantee in conformance with the provisions of § 515-100H. Said bond shall be utilized to recover Village expenses related to the following:
(1) 
Zoning Administrator's legal or other time and expenses associated with review and inspection of the activity after permit issuance but prior to grant of a zoning compliance permit;
(2) 
Zoning Administrator's legal or other expenses associated with any zoning compliance or enforcement inspections and resulting administrative activities resulting from the use during or after its permitted operating period; and
(3) 
Cleanup or restoration expenses necessary after discontinuance of the activity.

§ 515-110 Garage sales.

The homeowner or occupant of a single-family home may conduct a garage sale in conformance with the following:
A. 
Garage sales shall include such terms as "yard sale," "basement sale," "attic sale" or other type of so-called residential sale of used tangible personal property, such as, but not limited to, clothing, household effects, tools, garden implements, toys, recreation equipment or other used or secondhand items customarily found in and about the home and advertised in a manner whereby the public at large is, or can be, aware of such sale.
B. 
Each garage sale shall be limited to five consecutive days of operation and no more than two such sales may be conducted by any household per calendar year. No sale shall be conducted before 8:00 a.m. or after 7:00 p.m. each day.
C. 
No person, firm, corporation or other organization other than the homeowner or occupant shall conduct a garage sale unless in conjunction with an estate sale of a deceased former owner or occupant of the dwelling.
D. 
This section shall not apply to the householder who, during the normal course of housekeeping, advertises or otherwise offers for sale individual pieces of furniture or an appliance of value being replaced or no longer needed.

§ 515-111 Hobby farms.

Hobby farms, as defined in § 515-3, are permitted within SF Districts in conformance with § 515-146.

§ 515-112 Wireless communication facilities.

A. 
Wireless communication facilities shall be principal permitted uses in the following circumstances, subject to the provisions of § 515-130, and following site plan approval by the Planning Commission in conformance with § 515-100:
(1) 
An existing structure will serve as a support structure for a wireless communication facility within a district where the existing structure is not, in the discretion of the Planning Commission, proposed to be either materially altered or materially changed in appearance.
(2) 
A proposed co-location upon an existing wireless communication facility which had been preapproved for such co-location as part of an earlier approval by the Village.
(3) 
An existing utility pole located within a right-of-way which will serve as a support structure for a wireless communication facility where the existing pole is not proposed to be modified in a manner which, in the discretion of the Planning Commission, would materially alter the structure and/or result in an impairment of sight lines or other safety interests.
B. 
Wireless communication facilities not meeting the above standards may be authorized as special land uses within certain districts subject to the standards and conditions set forth in § 515-130.
C. 
If it is demonstrated by an applicant that a wireless communication facility may not reasonably be established as permitted under Subsections A and B above, wireless communication facilities may be permitted elsewhere in the community as a special land use, subject to the criteria and standards of § 515-130.

§ 515-113 Temporary structure during construction of principal building.

A temporary structure may be permitted, as specified in this chapter, in accordance with the following:
A. 
The temporary structure will be occupied only during the period of construction of a new principal building on the same lot or parcel or during the period of construction of a new principal building on the same lot or parcel where the existing principal building has been destroyed or damaged to the extent that it is uninhabitable.
B. 
The owner or occupant of the principal building shall be the owner or occupant of the temporary structure.
C. 
The temporary structure shall comply with all applicable zoning and building provisions regarding the construction of the structure and its placement on the site.
D. 
The temporary structure shall comply with all applicable zoning and building provisions regarding the construction of the structure and its placement on the site.
E. 
The temporary residential structures shall be connected to a sanitary sewage disposal system and water supply system approved by the County Health Department or a public sewer and water system.
F. 
The date for removal of the temporary structure shall not exceed one year. The owner of the property shall be responsible for removal of the structure in accordance with the specified removal date. The temporary structure shall be removed within two weeks of issuance of a certificate of occupancy.
G. 
The property owner shall deposit with the Village a performance guarantee in the amount of $1,000 in accordance with § 515-100. Said performance guarantee shall be to ensure removal of the temporary dwelling in conformance with this section and the special land use permit.