City of Coldwater, MI
Branch County
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Table of Contents
Table of Contents
[Ord. No. 738, passed 2-22-2010]
Except as hereinafter specified, no building, structure, or premises shall hereafter be used or occupied, and no building or part thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged, or altered, except in conformity with the regulations herein specified for the district in which it is located.
[Ord. No. 738, passed 2-22-2010]
Nothing in this Zoning Code shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Zoning Administrator.
[Ord. No. 738, passed 2-22-2010]
Before issuing a building permit for the construction of any building intended for a combination of dwelling and commercial or dwelling and industrial occupancy, or for construction which would result in an increased number of dwelling units within a building partly occupied by business or industrial usage, or which would result in an increased area being devoted to business or industrial usage within a building partly occupied as a dwelling, the Zoning Administrator shall refer the plans to the Fire Chief and request his or her report as to any fire or health hazards that exist or may be expected to exist, and his or her recommendations as to desirable additional provisions or changes in the interest of safety or health which shall be complied with before the issuance of a permit. Where mixed occupancy includes residential units the side and rear yard and area requirements of Residential Districts shall be met.
[Ord. No. 738, passed 2-22-2010]
No lot, or lots in common ownership, and no yard, court, parking area or other space shall be so divided, altered or reduced as to make said area or dimension less than the minimum required under this Zoning Code. If already less than the minimum required under this Zoning Code, said area or dimension shall not be further divided or reduced.
Where an existing lot has an area of not less than 90% of its zone district requirements, and where such lot can provide the side yard requirements of its zone, a permitted principal use of the zoning district is permitted. An existing lot in single ownership of less than 90% of its zone requirements may be utilized for a permitted principal use and the required side yards may be reduced by the same percentage the width of such lot bears to its zoning district requirements, provided that off-street parking requirements are met and that for residential lots, no side yard shall be less than five feet.
Where there are three or more adjacent lots under single ownership (see Section 1260.07) at the time of the passage of this Zoning Code, and such lots each contain less than 90% of the zone district width and/or area requirements, such lots shall be combined for uses in conformity with the dimensional standards of the zoning district.
[Ord. No. 738, passed 2-22-2010]
In any Residential Zone District on any corner lot, no fence, structure or planting over 30 inches in height above the crown of the road shall be erected or maintained within 25 feet of the corner property line so as to interfere with traffic visibility across the corner of alleys, drives or streets.
[Ord. No. 738, passed 2-22-2010]
The splitting of platted lots of record, when the same is in conformity with the minimum lot width and area requirements shall be approved under the provisions of Chapter 1250.
No use to be situated on an unplatted lot or parcel created subsequent to the adoption of this Zoning Code shall be issued a building permit unless the lot meets the area and dimensional requirements of the zoning district in which it is located and has a minimum public street frontage of 40 feet.
[Ord. No. 738, passed 2-22-2010]
The height requirements of all districts shall be subject to the following exceptions: parapet walls not exceeding four feet in height, chimneys, cooling towers, elevator bulkheads, fire towers, gas tanks, grain elevators, penthouses, stacks, stage towers or scenery lofts, flour tanks, water towers, ornamental towers, monuments, cupolas, domes and spires, necessary mechanical appurtenances, or additions to existing buildings which now exceed the height limitations of the zone district up to the height of the existing building.
[Ord. No. 738, passed 2-22-2010]
Essential services, as defined in this Zoning Code, are permitted in all zoning districts, provided that prior to the construction of any electrical substation and/or gas regulator station or other public utility building the plans for such shall be submitted to the Planning Commission under the provisions of Chapter 1265 to ensure that landscaping, architecture, and buffering are suitable and in keeping with the character of the neighborhood.
[Ord. No. 738, passed 2-22-2010]
No basement, cellar or garage, or incomplete structure shall be used as a dwelling. No such structures used as a dwelling on the effective date of this Zoning Code shall be used as a dwelling after 365 days from the said effective date.
[Ord. No. 738, passed 2-22-2010]
(a) 
Purpose and intent. The intent and purpose of these provisions is to ensure safe sight lines and to minimize the potential negative visual impact and hazards of excessively tall and unsightly fences.
(b) 
Definitions.
(1) 
DECORATIVE FENCE — A fence constructed from wrought iron, vinyl, wood pickets, split rail, stone, brick or other material, designed to be esthetically appealing, and having at least 50% of the surface area open or transparent, but excluding chain link fences or similar fences.
(2) 
FRONT YARD — The area between the front of the principal structure and the street right-of-way, for the full width of the lot; for a corner lot, the area between the side of the principal structure and the street, for the full length of the lot, also. If one or more lot(s) are used for a common use, and that use extends the full length between two street rights-of-way, the full width of the lot on both street rights-of-way shall be treated as a front yard.
(3) 
SIDE YARD — The area between the side of a principal structure and the side lot line.
(4) 
REAR YARD — Any area adjacent to a principal structure that is not a front yard or a side yard.
(5) 
PRIVACY FENCE — A fence having a surface area 50% or more of which is opaque.
(c) 
Permit required.
(1) 
It shall be unlawful for any person to erect, construct, enlarge, alter, or replace a fence without first obtaining a permit. A permit shall be received before construction of the fence commences.
(2) 
A permit application shall be filed in accord with Chapter 1262 of the Codified Ordinances, showing the proposed location, type of fence, materials and height.
(3) 
A permit shall not be required for painting, and repairs not affecting more than 25% of the fence surface performed within a one-year period.
(4) 
No fence permit shall be issued for any commercial, office/service, or industrial district, or for any commercial, office/service, or industrial use, without prior approval by the Zoning Administrator, either as a part of the site plan review or otherwise.
(5) 
A permit is not required for a fence on property used for agricultural purposes if the property does not adjoin property used or zoned for residential purposes.
(6) 
The Zoning Administrator may, in exceptional circumstances, authorize the issuance of a permit for a fence not meeting the location or construction materials requirements set forth herein, upon a finding of unusual need, circumstances, or property uses making the issuance of such permit appropriate.
(d) 
Height regulations.
(1) 
Except as otherwise provided herein, no fence in any front yard shall exceed four feet six inches in height, nor shall any fence exceed six feet six inches in height.
[Amended 11-12-2018 by Ord. No. 815]
(2) 
In the C-2 Central Business District, a fence for nonresidential properties shall not exceed four feet six inches in height.
[Amended 11-12-2018 by Ord. No. 815]
(3) 
A fence used to enclose outdoor retail display and storage areas in the C-4 General Business District is permitted, providing it is contiguous to the principal use, not more than 20 feet tall, located in the side yard or rear yard, and has been approved as part of site plan review.
(4) 
In the Agricultural and Industrial districts, a fence in the side yard and rear yard may not exceed eight feet in height.
(e) 
Location and construction regulations.
(1) 
Except as otherwise provided herein, no chain link fence, wire mesh fence, or privacy fence may be located in any front yard.
(2) 
Except as otherwise provided herein, in all zoning districts other than residential, and for all properties used for purposes other than residential, no fence other than a decorative fence may be located in the front yard.
(3) 
Except as otherwise provided herein, a decorative fence only may be placed on any property used for nonresidential purposes in the C-2 zoning district.
(4) 
Allowable materials for a fence include wood, chain link, brick, stone, stucco, wrought iron, aluminum, wood pickets and plastic fence, as otherwise allowed herein.
(5) 
A wooden fence must be constructed so that the exposed framing of the fence faces the principal structure. The exposed framing of the fence may face an adjacent side yard or rear yard when either (a) there is an existing fence located on the adjacent property and that fence is of a construction or location such that it is physically impractical to install a wood fence with the exposed framing facing the principal structure, or (b) all owners of property adjacent to the proposed fence declare in writing that they have no objection to the exposed framing facing their properties.
(6) 
The owner of any fence shall maintain the fence by painting, treating, trimming, repairing or removal, as necessary to maintain the fence in a safe and reasonably attractive condition. A fence that is dangerous to public safety, health or general welfare is a public nuisance and the City may commence proceedings for the abatement thereof.
(7) 
It is recommended that an applicant for a fence permit inform the adjoining property owner(s) of the intention to construct a fence, and have a surveyor locate the property lines involved. Fences shall be constructed inside the property line or on the property line between adjoining neighbors. Utility providers should be contacted prior to any fence installation regarding meter access requirements and location of utility lines.
(f) 
General regulations.
(1) 
Location. No fence shall be located closer than one foot to a street right-of-way. No fence shall obstruct a vision clearance triangle as set forth in Section 1299.05.
(2) 
Method of measurement. Where a fence is located at a common property line with varying elevations, the height of the fence shall be measured and averaged at regular intervals on both sides of the property line. The final height shall be determined by averaging the dimensions obtained from the measured interval averages. The measured interval distances shall typically be eight feet.
(3) 
Decorative architectural features on fences shall not be included in the height of a fence so long as they do not extend more than nine inches above the maximum height and shall have minimum five-foot spacing between them.
(4) 
Any fence must allow access to the rear yard, and the access must be at least four feet wide. All gates are required to swing inward, away from adjacent property, and toward the property owner's yard.
(5) 
Legally existing, nonconforming fences will be required to comply with this section when any change is made to the fence, except for painting, and repair(s) not affecting more than 25% of the fence surface within a one-year period.
(6) 
Any conflict between this Section 1299.10 and any ordinance, statute or regulation regarding fences around swimming pools shall be controlled by that ordinance, statute or regulation regarding swimming pools.
(g) 
Prohibited fencing.
(1) 
No fence erected within the City limits shall be electrically charged in any manner.
(2) 
A fence may not be constructed of plywood, scrap lumber, exposed concrete, cinder block, or other non-customary materials.
(3) 
No fence shall be constructed of barbed wire, razor wire, concertina strands or similar materials; provided however that a fence which includes barbed wire strands may be used to enclose hazardous materials or land uses, or where such additional security is appropriate for land used for industrial purposes, in the discretion of the Zoning Administrator, provided that only three strands are used, not more than a total of nine inches in height.
(4) 
A fence is not permitted on a vacant lot having no principal use.
(5) 
A fence may not interrupt traffic patterns, parking spaces, maneuvering lanes, or drainage areas.
[Ord. No. 738, passed 2-22-2010]
All mobile homes located outside of mobile home parks shall be installed as provided in Section 1299.13 or as approved within a licensed manufactured home park. No mobile home shall be parked or stored in any zone in the City for any period exceeding 72 hours unless in an approved mobile home sales area.
[Ord. No. 738, passed 2-22-2010]
(a) 
Residential Districts are reserved for the housing and noncommercial needs of the community.
(b) 
The installation of oil or fuel storage tanks in a conspicuous exposed fashion is prohibited.
(c) 
All uses not specifically permitted within a Residential District by the provisions of this Zoning Code are prohibited.
(d) 
Garage sales occurring on the same lot in excess of three per calendar year, or any sale lasting longer than three consecutive days, is considered a commercial use and is therefore prohibited. Only the property owners of a specific property can operate a garage sale on their property.
[Ord. No. 738, passed 2-22-2010]
All dwelling units located outside of mobile home parks shall comply with the following requirements:
(a) 
All dwelling units shall provide a minimum height between the floor and ceiling of 7 1/2 feet, or, if a mobile home, shall meet the requirements of Mobile Home Construction and Safety Standards, effective June 15, 1976, as amended, being a standard of the United States Department of Housing and Urban Development.
(b) 
The minimum width of any single-family dwelling unit in the R-3 District shall be 14 feet. In all other Residential Districts the minimum width shall be 22 feet. Such width shall be maintained for at least 67% of its length, measured between the exterior part of the walls having the greater length.
(c) 
All dwellings shall be firmly attached to a permanent foundation constructed on the site in accordance with Section 1420.01, and the area between the grade elevation of the lot and structure shall have a wall of the same perimeter dimensions as the dwelling and shall be constructed of such materials and type as required in the applicable building code for single-family dwellings. In the event that the dwelling is a mobile home, as defined herein, such dwelling shall be installed pursuant to the manufacturer's setup instructions, shall be secured to the premises by an anchoring system or device complying with the rules and regulations of the Michigan Manufactured Home Commission, and shall contain a perimeter wall as required in division (e) of this section.
(d) 
If a dwelling is a mobile home, as defined herein, it shall be installed with the wheels removed. Additionally, no such dwelling shall have any exposed towing mechanisms, undercarriage or chassis.
(e) 
If a dwelling is a mobile home, as defined herein, it shall contain skirting along the entire perimeter of the main frame between the ground and the bottom edge of the mobile home body. Such skirting shall be a minimum of twenty-six-gauge metal with ribbing, or of other accepted building materials having similar design and durability. Brick or concrete block wall construction may be permitted as skirting. The skirting shall be securely attached and sealed to the mobile home body and shall contain a rat-proof wall or slab to prevent the entrance of rodents and other animals underneath the mobile home. One access door shall be permitted in the skirting, and adequate screening vents shall be required in the skirting around the entire perimeter at intervals of not more than 20 feet to provide adequate cross-ventilation. All skirting shall be maintained in good condition at all times. Unprotected flammable materials, including hay bales and newspaper, shall not be allowed as skirting for mobile homes.
(f) 
All dwellings shall be connected to an approved sewer system and water supply system.
(g) 
All dwellings shall provide steps or porch areas, permanently positioned in the ground or permanently attached to the foundation, where there exists an elevation differential of more than one foot between any door and the surrounding grade. All dwellings shall provide a minimum of two points of ingress and egress.
(h) 
All additions to dwellings shall meet all of the requirements of this Zoning Code.
(i) 
All dwellings shall be aesthetically compatible in design and appearance with other residences in the vicinity, with a roof overhang of not less than six inches on all sides, or, alternatively, with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwellings. The front door of said dwellings shall be located on the front facade of the building, that which faces the public street. The compatibility of design and appearance shall be determined in the first instance by the Zoning Administrator upon review of the plans submitted for a particular dwelling. An appeal by an aggrieved party may be taken to the Zoning Board of Appeals. Any determination of compatibility shall be based upon the standards set forth in this section as well as the character, design and appearance of residential dwellings located outside of mobile home parks within 750 feet of the subject dwelling. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour or relief from the common or standard designed home.
(j) 
Prior to issuance of a building permit for any dwelling unit, construction plans at a scale of no less than 1/4-inch to one foot, including a plot plan, adequate to illustrate compliance with the requirements of this Zoning Code, shall be submitted to the Zoning Administrator. If the dwelling unit is a mobile home, there shall also be submitted adequate evidence to assure that the dwelling complies with the standards applicable to mobile homes as set forth in division (k) of this section.
(k) 
All mobile homes shall meet the standards for mobile home construction contained in Mobile Home Construction and Safety Standards, effective June 15, 1976, as amended, being a standard of the United States Department of Housing and Urban Development. All other dwellings shall meet the requirements of the construction code adopted by the City.
(l) 
A minimum of 100 square feet of enclosed storage space, excluding closets, shall be provided for each dwelling. Said enclosed storage space may consist of a basement, garage, shed or other structure, approved by the Building Inspector.
[Ord. No. 738, passed 2-22-2010]
(a) 
No accessory building shall be located within a required front yard or closer to a side street than the minimum setback allowed for a principal building situated on an adjacent lot which faces the same side street, and no accessory building shall occupy more than 10% of the lot area on which it is situated.
(b) 
No residential accessory building shall exceed 12 feet in height.
(c) 
All detached accessory buildings shall be located at least 10 feet from a principal building or dwelling and six feet from any other detached or attached accessory building.
(d) 
In all zoning districts, detached accessory buildings may be located within three feet of a side or rear lot line, except where the side lot line abuts a public street, in which case the minimum setback requirements for principal buildings within the district shall apply.
(e) 
In all zoning districts, attached accessory buildings shall observe the minimum yard setback requirements of the district.
(f) 
Where a corner lot adjoins in the rear, the rear of another corner lot and accessory building, whether attached or detached, may be erected three feet from such common rear lot line if all portions of such building are located within the furthest quarter of the lot from the street line and no part of such building projects beyond the side street line of the principal building.
(g) 
Swimming pools shall not be governed by the side and rear yard requirements of this Zoning Code but shall conform to the yard restrictions of the City's Building Code.
[Ord. No. 738, passed 2-22-2010]
Accessory uses are permitted when located on the same lot with the principal use, including customary home occupations as defined and further regulated in Chapter 1260, if the dwelling conforms to all of its zoning district requirements, provided that no more than one person, not a resident in said dwelling, is employed in said dwelling, that no more than 1/2 of the floor area of one story of the dwelling or an accessory building or garage is devoted to such use, that no stock in trade is kept or commodities sold, that no mechanical or electrical equipment which will create a nuisance to the adjacent neighborhood is used, and that adequate parking in accordance with Chapter 1296 is provided.
[Ord. No. 738, passed 2-22-2010]
The conversion of any existing building into a dwelling or the conversion of an existing dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only as specified in its zone district requirements irrespective of the area requirements for new buildings.
[Ord. No. 738, passed 2-22-2010]
No building in the rear of a main building of the same lot shall be used for residential purposes.
[Ord. No. 738, passed 2-22-2010]
Where a proposed use of land or use of a building is not contemplated or specified by this Zoning Code or where the Zoning Administrator has a question as to the appropriateness of a use which, although basically permitted, involves other features which were not contemplated or specified by this Zoning Code, the Zoning Administrator shall request a determination by the Planning Commission. If the Planning Commission determines that such use is not contemplated or specified by this Zoning Code, or that it involves features which were not contemplated or specified herein, then the Planning Commission may permit such use as a special use, but only after it determines that it will have no adverse effect upon adjacent property, that the use is similar to other uses in the district in which it is proposed to be placed, and the spirit, purpose and intent of this Zoning Code and the Master Plan are not impaired by permitting such use at the proposed location.
[Ord. No. 738, passed 2-22-2010]
(a) 
Adult uses.
(1) 
Intent. In the development and execution of these zoning regulations, it is recognized that there are some uses that, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby causing a deleterious effect upon adjacent areas. The proximity of adult uses to certain uses considered particularly susceptible to the negative impacts or the concentration of adult uses tends to erode the quality of life, adversely affect property values, disrupt business investment, encourage residents and businesses to move from or to avoid the community, increase crime and contribute a blighting effect on the surrounding area. This section describes the uses regulated and the specific standards needed to ensure that the adverse effects of these uses will not contribute to the deterioration of the surrounding neighborhood, to prevent undesirable concentration of these uses and to require sufficient spacing from uses considered most susceptible to negative impacts.
(2) 
Applicability. The uses defined in Section 1260.07 as "adult regulated uses" shall be permitted only in zoning districts zoned C-4 and only by special use permit, subject to the generally applicable provisions and procedures set forth in these Codified Ordinances for obtaining such special use permits, and subject to the licensing and other requirements of the Part 8 of the Codified Ordinances, and subject to the following location requirements and specific design standards:
A. 
Required spacing. Adult regulated uses shall be located no less than 500 feet from the boundary of a residential district and 500 feet from a residential use, regardless of whether the residential district or use is located in or outside of the City. Adult regulated uses shall be spaced at least 1,000 feet from the following uses: any other adult regulated use; child day care homes; nurseries; primary or secondary schools; churches; convents; temples and similar religious institutions; and public parks, community centers, movie theaters, ice or roller skating rinks and other places of public assembly frequented by children and teenagers, regardless of whether such use is located in or outside of the City. The distance shall be measured horizontally between the nearest point of each property line. Upon denial of any application for a special use permit under this section, the applicant may appeal for a waiver of the above location requirements to the Zoning Board of Appeals. The Zoning Board of Appeals may waive the location requirements set forth in this section following a public hearing provided in the manner described in Section 1262.08 of this Zoning Code, upon a finding that the proposed use will not be contrary to any other provision of this Zoning Code or injurious to nearby properties and will not enlarge or encourage the development of a "skid row" or "strip."
B. 
Special site design standards.
1. 
The building and site shall be designed, constructed and maintained so that material such as a display, decoration or sign depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined in this Zoning Code) cannot be observed by pedestrians and motorists on a public right-of-way or from an adjacent land use.
2. 
The site shall have access only onto an arterial street.
C. 
Conditions of approval. A Special Use Permit, approved hereunder, shall be conditioned upon the applicant obtaining and maintaining a license under the Chapter 804 of these Codified Ordinances.
D. 
Minors on premises. No person operating, assisting in the operation of, or an employee of, an adult regulated use, shall permit any person under the age of 18 years of age to be on the premises of such business, either as an employee or customer.
(b) 
Application of section. The provisions of this section shall be applicable to all zoning districts unless otherwise specified in this section.
(c) 
Procedure for processing applications. All applications to establish an adult regulated use shall be processed as a special use in accordance with the provisions and procedures set forth in this Zoning Code including but not limited to Chapter 1295. In addition, the Planning Commission shall adhere to the following procedures when reviewing a special use application for an adult regulated use:
(1) 
If the Planning Commission determines that a special use application for an adult regulated use is not complete when it is first presented to the Commission, it shall provide written notice by first class mail within five business days of such determination detailing the items required to complete the application.
(2) 
If the Planning Commission determines that the application is complete, it shall, within 90 days of such determination, make and adopt specific findings with respect to whether the adult regulated use is in compliance with the approval standards for special use permits and the design standards set forth in this chapter. If the Planning Commission has not made and adopted findings of fact with respect to a proposed adult regulated use and either approved or denied the issuance of a special use permit for the same within 90 days of its determination that a completed application has been filed, then the special use permit shall be deemed to have been approved.
(d) 
Limit on reapplication. No application for such use which has been denied wholly or in part shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence not previously available or proof of changed conditions.
(e) 
Appeal from adverse decision.
(1) 
In the event that an application is denied, the applicant shall be entitled to prompt review by the Zoning Board of Appeals as a means to exhaust local remedies and to be consistent with the intent of Paragon Properties Co. v. Novi, 206 Mich. App. 74; 520 N.W.2d 344 (1994). The applicant shall file an appeal with the City Clerk within five business days of the denial of the special use permit application by the Planning Commission. The review shall, upon the applicant's request, be conducted at a special Zoning Board of Appeals meeting convened for such purposes within 15 business days of receipt of such a request. The Zoning Board of Appeals shall review the record of proceedings conducted before the Planning Commission and determine whether the Commission's decision was based upon competent material and substantial evidence and otherwise review the determination to ensure that it complies with all requirements of both the Michigan and United States Constitutions.
(2) 
If the Zoning Board of Appeals affirms denial of the special use permit, then the applicant shall be entitled to prompt judicial review by submitting a written request to the City Clerk. Such written request must be received by the City Clerk within 30 business days of the date of the decision of the Zoning Board of Appeals. The City shall, within five business days of receipt of such written request do the following:
A. 
File a petition in the Circuit Court for the County of Branch seeking a judicial determination with respect to the validity of such denial, and in conjunction therewith, apply for a preliminary and permanent injunction restraining the applicant from operating the adult regulated use in violation of this section.
B. 
Request that the application for issuance of a preliminary injunction be set for a show-cause hearing within five business days or as soon as thereafter possible. In the event that the applicant appears at or before the time of such show cause hearing, waives the notice otherwise provided by Michigan Court Rule and requests that at the time set for such hearing the court proceed to hear the case under applicable rules of civil procedure for the issuance of such permanent injunction on its merits, the City shall be required to waive its application for preliminary injunction and shall join such request. In the event that the applicant does not waive notice and/or does not request an early hearing on the City's application for permanent injunction, it shall nevertheless be the duty of the City to seek the earliest possible hearing date under Michigan law and the Michigan Court Rules.
C. 
The filing of written notice of intent to contest the City's denial of a special use permit shall not in any way affect the validity of such denial, but such denial shall be deemed invalid and the permit automatically approved if, within 15 days of the filing of the petition, a show-cause hearing has not been scheduled.
[Ord. No. 738, passed 2-22-2010]
(a) 
Permitted as principal uses. In the following circumstances, a new wireless communication facility shall be a principal permitted use, or a permitted accessory use, subject to site plan approval as provided in Chapter 1265, Site Plan Review, and also subject to the conditions set forth in division (d) of this section:
(1) 
Attached wireless communication facilities within all districts where the existing structure is not, in the discretion of the Planning Commission, proposed to be either materially altered or materially changed;
(2) 
Collocation of an attached wireless communication facility, which has been previously approved for collocation by the Planning Commission;
(3) 
Wireless communication facilities attached to a utility pole located within a right-of-way, where the existing pole is not modified to materially alter the structure and or result in an impairment of sight lines or other safety interests; or
(4) 
Wireless communication facilities with monopole support structures of no more than 150 feet in height within the AA, D-1, and D-2 Zoning Districts.
(b) 
Permitted as special land uses. Wireless communication facilities with monopole or lattice tower support structures with a height of greater than 150 feet shall be permitted as special land uses or special accessory uses only in the AA, D-1, or D-2 Zoning District, subject to the standards of Chapter 1295, Special Land Uses, except that they shall not be located within 500 feet of any A-1 or A-2 Zoning District, or within a distance equal to the height of the support structure from the right-of-way line of any interstate or limited-access highway or other major thoroughfare. If located on the same parcel with another permitted use, such facilities and any other structures connected therewith shall not be located in a front yard.
(c) 
Permitted as special land uses in other districts. If an applicant can demonstrate to the satisfaction of the Planning Commission that a location permitted in divisions (a) and (b) above cannot reasonably meet the coverage and/or capacity needs of the applicant, and the applicant can demonstrate that it has reasonably exhausted all efforts to locate its facility in accordance with divisions (a) or (b) above, a wireless communication facility with a monopole support structure may be permitted as a special land use or a special accessory use within all other zoning districts, subject to the standards of Chapter 1295, Special Land Uses, and further subject to the following conditions:
(1) 
Such wireless communication facilities shall be located on a priority basis only on the following sites:
A. 
Governmentally owned sites;
B. 
Religious or other institutional sites;
C. 
Public or private school sites; or
D. 
Public park and other large permanent open space areas, when compatible.
(2) 
Wireless communication support structures in such locations shall be of an alternative or stealth design such as (without limitation) a steeple, bell tower, tree, or other form which is compatible with the existing character of the proposed site, the adjacent neighborhoods, and the general area, as approved by the Planning Commission.
(d) 
Required standards for wireless communication facilities in all districts.
(1) 
Required information.
A. 
Site plan. A site plan prepared in accordance with Chapter 1265, Site Plan Review, also showing as-built drawings for all proposed attached wireless communication facilities and/or wireless communication support structures.
B. 
Demonstration of need. Demonstration of the need for the proposed wireless communication support structure due to a minimum of one of the following:
1. 
Proximity to an interstate or limited-access highway or major thoroughfare.
2. 
Proximity to areas of population concentration.
3. 
Proximity to commercial or industrial business centers.
4. 
Avoidance of signal interference due to buildings, woodlands, topography, or other obstructions.
5. 
Other specific reasons.
C. 
Service area and power. As applicable, a description of the planned, proposed, or existing service area of the facility, and wireless communication support structure height and type, and signal power expressed in effective radiated power (ERP) upon which the service area has been planned.
D. 
Map of other facilities nearby. A map showing existing or proposed wireless communication facilities within the City and Branch County, and further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the County, which are relevant in terms of potential collocation or in demonstrating the need for the proposed facility. If the information is on file with the City, the applicant shall update as needed. A written request for confidentiality must be prominently stated by the applicant.
E. 
Data on other facilities nearby. For each location identified by the applicant/provider, the application shall include the following data, if known, with the applicant/provider expected to exercise reasonable diligence to obtain such information:
1. 
The structural capacity and whether it can accommodate the applicant's facility, as proposed or modified.
2. 
Evidence of property owner approvals.
3. 
Whether the location could be used by the applicant/provider for placement of its attached wireless communication facility. If the location cannot be used, a disclosure of the technological considerations involved shall be provided, with specific reference to how use of the location would prohibit the applicant/provider from providing services.
F. 
Fall zone certification. To determine the required setbacks, a Michigan registered engineer shall submit a determination and certification regarding the manner in which the proposed structure will fall.
The fall zone or collapse distance as cited in the certification shall therefore be the minimum setback required. However, in the absence of an engineer's certification, the minimum setback shall be equal to the total height of the tower. Furthermore, in no case shall the minimum setback from a property line be less than 75 feet.
G. 
Description of security for removal. A financial security (performance guarantee) may be required for the wireless communication support structure to ensure removal and maintenance, in accordance with this section. The security shall be required at the discretion of the Planning Commission and shall be in the form of a performance bond or dedicated escrow account placed with the City for coverage of stated purposes. The security shall be a promise of the applicant and owner of the property to timely remove the facility as required, with the provision that the applicant and owner shall pay costs and attorney's fees incurred by the City in securing removal.
H. 
Data on FCC and FAA approval. Due to the proximity of the Branch County Memorial Airport to the western corporate limits of the City, an application for a wireless communication installation shall have first been submitted for review and have been approved for such facility before the Branch County Airport Zoning Board.
A copy of the application submitted to the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA) detailing technical parameters authorization for the facility shall be submitted to the City as part of the City's required application packet. Approved facilities shall be subject to all FAA and FCC requirements for placement, maintenance, and operation.
I. 
Minimum lot size; access to right-of-way. All wireless communication facilities shall be located on a minimum of a one-acre parcel and shall have direct or deeded access to a public road right-of-way. Verification of said access shall be provided upon application for approval.
J. 
Vegetation. All existing vegetation shall be shown on the submitted site plan and shall be preserved during and after installation to the maximum extent possible. Furthermore, additional landscaping shall be required in accordance with the provisions of Chapter 1297, Landscape Requirements.
K. 
Visual analysis. A visual analysis shall be conducted with simulated photos, graphic renderings, or similar visual aids provided to show the proposed appearance of the site from a distance upon completion of the tower installation.
L. 
Fencing. The perimeter of all wireless communication sites shall be fenced with appropriate material with a minimum height of six feet and a maximum height of nine feet. All support structures, wires, and accessory buildings shall be located within the fenced area.
(2) 
Compatibility of support structures. Wireless communication support structures shall not be injurious to the neighborhood or detrimental to the public safety and welfare. Support structures shall be harmonious with the surrounding areas, and aesthetically and architecturally compatible with the natural environment. In addition, all structures shall be equipped with an anti-climbing device to prevent unauthorized access.
(3) 
Maximum height. The maximum height of wireless communication support structures shall be: (a) 250 feet; or (b) the minimum height demonstrated to be necessary by the applicant; or (c) such lower heights as required and approved by the Federal Aviation Administration (FAA). The applicant shall demonstrate a justification for the height and provide an evaluation of alternative designs, which might result in lower heights. Accessory buildings shall be limited to the maximum height for accessory structures within respective zoning districts.
(4) 
Setbacks from nonresidential districts. Wireless communication support structures abutting any lot zoned for other than residential purposes shall have a minimum setback in accordance with the required setbacks for the principal buildings for the zoning district in which the support structure is located.
(5) 
Variances. The Zoning Board of Appeals may grant variances for the setback of a wireless communication support structure to accommodate a change that would reduce its visual impact or to meet the required standards of paragraph (d)(10) hereof. The Zoning Board of Appeals may also grant variances for the height of a support structure of up to 50 feet only in cases where a variance would permit additional collocations.
(6) 
Compatibility of accessory structures. Wireless communication facilities proposed on the roof of a building with an equipment enclosure shall be architecturally compatible with the principal building upon which it is located. The equipment enclosure may be located within the principal building or may be an accessory building, provided the accessory building conforms to all district requirements for accessory buildings and is constructed of the same or compatible building material as the principal building.
(7) 
Appearance of support structures. The color of wireless communication support structures and all accessory buildings shall minimize distraction, reduce visibility, maximize aesthetics, and ensure compatibility with its surroundings. The applicant shall be responsible for the maintenance of the wireless communication facility in a neat and orderly condition, as well as maintaining the safety of the site and structural integrity of any structures.
(8) 
Federal and state requirements. The requirements of the Federal Aviation Administration (FAA), the Federal Communication Commission (FCC) and the Michigan Aeronautics Commission shall be noted on the site plan. Structures shall be subject to any State and Federal regulations concerning non-ionizing electromagnetic radiation. Furthermore, if more restrictive State or Federal standards are adopted in the future, the antenna shall be made to conform to the extent required by such standard or the approval and permit for the structure shall be subject to revocation by the City. The cost for testing and verification of compliance shall be borne by the operator of the antenna.
(9) 
Lighting. Lighting on a wireless communication facility shall be prohibited unless otherwise required by the Federal Aviation Administration (FAA). The applicant shall propose a height reduction to eliminate the need for lighting, or shall submit detailed technical data demonstrating the need for the requested height, including an analysis demonstrating that other sites are unavailable or inadequate for the applicant's purposes.
(10) 
Collocation. All wireless communication support structures shall accommodate no more than six attached wireless communication facilities. Support structures shall allow for future rearrangement of attached wireless communication facilities to accept other attached facilities mounted at varying heights.
A. 
When collocation is not feasible. Wireless communication support structures shall not be approved unless the applicant documents that its attached wireless communication facilities cannot be feasibly collocated or accommodated on an existing support structure or other existing structure due to one or more of the following reasons:
1. 
The planned equipment would exceed the structural capacity of the existing support structure or other structure, as documented by a licensed engineer, and the existing support structure or other structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.
2. 
The planned equipment would cause interference affecting the function of other equipment on the existing support structure or other structure as documented by a licensed engineer, and the interference cannot be prevented at a reasonable cost.
3. 
Support structures and other structures within the search radius cannot accommodate the planned equipment at a height necessary for the coverage area and capacity needs to reasonably function as documented by a qualified and licensed professional engineer.
4. 
Other unforeseen reasons that make it infeasible to locate the planned communication equipment upon an existing support structure or other structure.
B. 
Determining feasibility of collocation. Collocation shall be deemed to be feasible when all of the following are met:
1. 
The applicant/provider will pay market rent or other market compensation for collocation.
2. 
The site is able to provide structural support, considering reasonable modification or replacement of a facility.
3. 
The collocation being considered is technically reasonable and will not result in unreasonable interference, given appropriate physical adjustments.
4. 
The height of the structure necessary for collocation will not be increased beyond maximum height limits.
C. 
Refusal to permit collocation. If a party who owns or otherwise controls a wireless communication support structure shall fail or refuse to alter a structure to accommodate a feasible collocation, such facility shall thereafter be a nonconforming structure and use, and shall not be altered, expanded or extended in any respect.
D. 
Refusal of collocation constitutes violation. If a party who owns or otherwise controls a facility shall fail or refuse to permit a feasible collocation, and this requires the construction and/or use of a new wireless communication support structure, the party failing or refusing to permit a feasible collocation shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of this section of the Zoning Code.
E. 
Violation resulting in prohibition of new structures. Consequently, such party shall take responsibility for the violation, and shall be prohibited from receiving approval for a new support structure within the City for a period of five years from the date of the failure or refusal to permit the collocation.
F. 
Appeal of prohibition: variance. Such a party may seek and obtain a variance from the Zoning Board of Appeals if and to the limited extent the applicant demonstrates entitlement to variance relief which, in this context, shall mean a demonstration that enforcement of the five-year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services, or that such enforcement would have the effect of prohibiting the provision of personal wireless communication service.
G. 
Offer of collocation required. An application for a new wireless communication support structure shall include a letter from the applicant to all potential users offering an opportunity for collocation. The list of potential users shall be provided by the City based on those entities who or which have requested approval of a wireless communication facility, current FCC license holders, and other entities requesting to be on the list. If, during a period of 30 days after the notice letters are sent to potential users, a user requests, in writing, to collocate on the new support structure, the applicant shall accommodate the request(s), unless collocation is not feasible based on the criteria of this section.
(11) 
Removal. When a wireless communication facility has not been used for 90 days, or 90 days after new technology is available which permits the operation of a facility without the requirement of a wireless communication support structure, all or parts of the wireless communication facility shall be removed by the users and owners of the facility and owners of the property.
The removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of non-use. The situation(s) in which removal of a wireless communication facility is required may be applied and limited to a portion of the facility.
A. 
Upon the occurrence of one or more of the events requiring removal, the property owner or persons who had used the wireless communication facility shall immediately apply for and secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition or removal, restoring the condition which existed prior to the construction of the facility.
B. 
If the required removal of the wireless communication facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days written notice, the City may remove or secure the removal of the facility or required portions thereof, with its actual costs and reasonable administrative charges to be drawn or collected from the security posted at the time application was made for establishing the facility or, if necessary, through appropriate judicial remedies.
(12) 
Radio frequency emission standards. Wireless communication facilities shall comply with applicable Federal and State standards relative to electromagnetic fields and the environmental effects of radio frequency emissions.
(13) 
Effect of approval.
A. 
Subject to division (d)(13)B. below, final approval for a wireless communication support structure shall be effective for a period of six months.
B. 
If construction of a wireless communication support structure is commenced within two miles of the land upon which a facility has been approved, but upon which construction has not been commenced during the six-month period of effectiveness, the approval for the support structure that has not been commenced shall be void 30 days following written notice from the City of the commencement of the other support structure. Such voiding shall apply unless the applicant granted approval for the support structure, which has not been commenced, demonstrates that it would not be feasible to collocate on the support structure that has been newly commenced.
[Ord. No. 738, passed 2-22-2010]
The purpose of this section is to establish guidelines for the location and design of driveways that can be used for new construction in undeveloped areas and for redevelopment of existing developed areas within the office (OS), commercial (C-1, C-2, C-3, and C-4) and industrial (D-1 and D-2) districts. The objectives of these requirements are to reduce the frequency of conflicts between vehicular movements and to increase the spacing between conflict points, thereby providing motorists with increased decision process time, which will increase safety and assure smoother traffic flow.
The Planning Commission shall review site plans for development within this District in light of the following standards:
(a) 
Lanes per driveway. The number of driveway lanes shall be based on analysis of expected trip generation and peak turning volumes. (See division (h) of this section.)
(b) 
Turn prohibitions. Left turns may be prohibited to and/or from driveways under the following conditions:
(1) 
Inadequate corner clearance;
(2) 
Inadequate sight distance; or
(3) 
Inadequate driveway spacing.
(c) 
Relationship to opposing driveways. To the extent reasonably possible, driveways shall be aligned with driveways on the opposite side of the street.
(d) 
Sight distance. Adequate sight distance shall be ensured for all vehicles exiting from a proposed development. If certain movements cannot be made safely, then they shall be prohibited.
(e) 
Driveway permits. Prior to the granting of a building permit for any construction involving a new or expanded driveway opening to a public street, a permit for such driveway from the appropriate governmental entity having jurisdiction over the roadway shall be submitted to the Zoning Administrator.
(f) 
Driveway spacing. The minimum spacing allowed between a proposed driveway and all other driveways or streets located on the same side of the street shall be as follows:
Minimum Driveway Spacing Requirements
Legal Driving Speed Limit on the Street Which Adjoins or Abuts the Proposed Driveway
(miles per hour)
Minimum Spacing*
(feet)
30 or less
125
35
175
40
225
45
275
50
300
NOTE:
*
The above spacings are based on average vehicle acceleration and deceleration rates (Federal Highway Administration, FHWA-H1-91-0212). The spacing is measured from centerline to centerline of the driveways.
In the event that a particular parcel or parcels lack sufficient road frontage to maintain adequate spacing, the landowner(s) have one of two options:
(1) 
They may seek a variance from the Zoning Board of Appeals for minimum spacing unless denial of the variance would prohibit access to the site. In no case shall the variance be greater than the next lowest classification. For example, on a 40 mph road requiring two-hundred-twenty-five-foot spacing, the distance may be reduced to no less than 175 feet, which is the standard for a 35 mph road facility; or
(2) 
They may cooperate with an adjacent landowner to establish a common driveway serving the subject property and an adjacent property.
(g) 
Number of driveways per parcel.
(1) 
Under normal circumstances a maximum of one driveway opening shall be permitted to a particular parcel from any abutting street.
(2) 
The Planning Commission may permit one additional driveway entrance along a continuous site with frontage in excess of 330 feet and two additional driveway entrances along a continuous site if driveway access volumes exceed 5,000 vehicles per day and frontage exceeds 600 feet.
(3) 
A dual-service (median-divided) driveway is considered to be one direct-access driveway.
(4) 
Only one pair of one-way drives may be used per 250 feet of street frontage.
(h) 
Driveway design.
(1) 
Driveway width shall be sufficient for the particular use and anticipated traffic flows. One-way drives shall be a minimum of 16 feet and a maximum of 19 feet in width. Two-way drives shall be at least 25 feet wide, but no greater than 16 feet per lane.
(2) 
For uses which generate exit volumes in excess of 100 vehicles per hour or more than 5,000 vehicles per day, two exit lanes shall be provided and clearly marked for left and right turns. Driveways shall be designed with a minimum twenty-five-foot radius for in-bound curbs and a minimum 20 feet for out-bound curbs.
(3) 
Unless written permission is obtained from adjacent property owners, no portion of the driveway shall extend beyond the adjacent property lines extended to the edge of the street.
(i) 
Corner clearance. The minimum corner clearance distance between the centerline of a proposed driveway and the edge of the right-of-way of a nearby cross street shall be 100 feet. Traffic movements into and out of a driveway with a centerline located less than 150 feet from the edge of the right-of-way of a signalized intersection may be limited to right turns into the driveway and right turns out of the driveway.
(j) 
Shared driveways, frontage roads, parking lot connections and rear service drives. Alternative access shall be encouraged. One or more of the following may apply:
(1) 
Shared driveways. Sharing or joint use of a driveway by two or more property owners shall be encouraged. In cases where access is restricted by the driveway spacing requirements of this section, a shared driveway may be the only practical access design. The shared driveway shall be constructed along the midpoint between the two properties unless a written easement is provided which allows traffic to travel across one parcel to access another and/or to access the public street.
(2) 
Frontage roads. In cases where a frontage road exists, is recommended either in the City's Comprehensive Plan or in an adopted corridor study, and/or is proposed in an approved site plan for an adjoining lot or parcel, access shall be provided by such frontage road, rather than by direct connection to the arterial street.
(3) 
Parking lot connections. Where a proposed parking lot is adjacent to an existing parking lot of a similar use, there shall be a vehicular connection between the two parking lots where possible, as determined by the Planning Commission. For developments adjacent to vacant properties, the site shall be designed to provide for a future connection.
(4) 
Rear service drives. Rear service drives shall be encouraged, especially for locations where connection to a side street is available. In addition to access along the rear service drive, direct connections to the arterial street may be allowed, provided that the driveways meet the requirements of this section in terms of spacing and location.
Frontage roads, parking lot connections and rear service drives shall be constructed according to the standards set forth in division (k) of this section.
In areas where frontage roads or service drives are recommended, but adjacent properties have not yet developed, the site shall be designed to accommodate a future road/facility designed according to the standards set forth in division (k) of this section. In such instances, the Planning Commission may temporarily grant individual parcels a direct connection to the adjacent arterial. This access point shall be closed at such time as the frontage road or service drive is constructed.
(k) 
Design of frontage roads or service drives.
(1) 
Frontage roads and rear service drives shall have a width of 30 feet to 36 feet, measured from edge to edge of the driving surface, with an approach width of 39 feet at internal intersections. Curbs may be required by the Planning Commission based upon the recommendation of City staff.
(2) 
Frontage road and rear service drive entrances and exits to the public street shall be designed according to the same minimum standards as required for driveways in this chapter.
(3) 
Frontage roads shall have a minimum setback of 30 feet from the right-of-way. However, a minimum of 60 feet of vehicle storage shall be provided at the frontage road intersection with a public street. Where it can be demonstrated that traffic exit volumes will exceed 1,000 vehicles per day, a minimum of 80 feet of stacking space shall be required. Stacking room shall be measured from the pavement edge of the public street (end of curb radius).
(4) 
The frontage road's intersection with a public road shall be located at least 100 feet from the edge of the right-of-way of any nearby cross street. Traffic movements into and out of a frontage road entrance or exit that is located less than 150 feet from a signalized cross street intersection may be limited to right turns in and right turns out.
(5) 
Intersections for rear access service drives should be located at least 300 feet from the street that the adjacent buildings have frontage on.
(6) 
Parking shall be prohibited along two-way frontage roads and service drives that are constructed at the minimum thirty-foot width. One-way roads or two-way roads designed with additional width for parallel parking may be allowed if it can be demonstrated through traffic studies that on-street parking will not significantly affect the capacity, safety or operation of the frontage road or service drive. Perpendicular or angle parking along either side of a designated frontage road or service drive shall be prohibited.
(7) 
In the case of expansion, alteration or redesign of existing development, where it can be demonstrated that pre-existing conditions prohibit installation of a frontage road or service drive in accordance with the aforementioned standards, the Planning Commission shall have the authority to allow alternative cross access between adjacent parking areas through the interconnection of main circulation aisles. Under these conditions, the aisles servicing the parking stalls shall be aligned perpendicularly to the access aisle, with islands, curbing and/or signage to further delineate the edges of the route to be used by through traffic.
[Ord. No. 740, passed 5-10-2010]
(a) 
Purpose and Intent. The purpose of this section is to establish zoning guidelines for small wind energy turbines in the City that:
(1) 
Promotes the development of a clean renewable energy resource;
(2) 
Establishes safe, effective, and efficient use of small wind energy turbines;
(3) 
Minimizes potential adverse impacts between land uses; and
(4) 
Establishes standards and procedures for the site placement, design, engineering, installation, operation, maintenance, and decommissioning of small wind energy turbines.
(b) 
Permitted uses.
(1) 
A building-mounted wind turbine (building mounted) and a small tower wind turbine (small tower) shall be considered a permitted use in all zoning districts and shall not be erected, constructed, installed, or modified as provided in this section unless a building permit has been issued to the owner(s) or operator(s).
(2) 
All building-mounted and small tower turbines are subject to the following minimum requirements:
A. 
Site placement and design requirements.
1. 
Visual appearance.
a. 
A building-mounted or small tower turbine, including accessory buildings and related structures, shall be a non-reflective, non-obtrusive color (e.g. white, gray, black). The Zoning Administrator may require a photo of a small wind energy system of the same model that is the subject of the landowner's application adjacent to a building or some other objects illustrating scale (e.g. manufacturer's photo). The appearance of the turbine, tower, and any ancillary facility shall be maintained throughout the life of the building mounted or small tower turbine.
b. 
A building-mounted or small tower turbine shall not be artificially lighted, except to the extent required by the FAA or other applicable authority, or otherwise necessary for the reasonable safety and security thereof.
c. 
Building-mounted or small tower turbine shall not be used for displaying any advertising (including flags, streamers, or decorative items), except for identification of the turbine manufacturer.
d. 
The visual impact of all electrical and mounting components of the wind energy turbine shall be kept to an absolute minimum at all times.
2. 
Ground clearance. The lowest extension of any blade or other exposed moving component of a building-mounted or small tower turbine shall be at least 20 feet above the ground (at the highest point of the natural grade within 30 feet of the base of the tower) and, in addition, at least 20 feet above any outdoor surfaces intended for human use, such as balconies or roof gardens, that are located directly below the building-mounted or small tower turbine.
3. 
Noise. Audible sound due to small wind turbine operations shall not exceed 55 decibels for any sustained period of time, when measured at the property line. The only times this level may be exceeded are during short-term events such as utility outages and/or severe windstorms.
4. 
Vibration. Vibrations shall not be produced which are humanly perceptible beyond the property on which a building-mounted or small tower turbine is located.
5. 
Guy wires. Guy wires shall not be permitted as part of the building-mounted or small tower turbine.
6. 
Shadow flicker. Small wind energy systems shall be sited in a manner that does not result in significant shadow flicker impacts. The applicant has the burden of proving that the shadow flicker will not have significant adverse impact on neighboring or adjacent uses.
7. 
Building-mounted turbines. In addition to the site placement and design requirements listed previously, the building-mounted turbine shall also be subject to the following:
a. 
Height: The height of a building-mounted turbine shall not exceed 15 feet as measured from the highest point of the roof, excluding chimneys, antennae, and other similar protuberances.
b. 
Setback: The setback of the building-mounted turbine shall be a minimum of 40 feet from the property line, public right-of-way, public easement, or overhead utility lines if mounted directly on a roof or other elevated surface of a structure. If the building-mounted turbine is affixed by any extension to the side, roof, or other elevated surface, then the setback from the property line or public right-of-way shall be a minimum of 40 feet. The setback shall be measured from the furthest outward extension of all moving parts.
c. 
Location: The building-mounted turbine shall not be affixed to the wall of a structure facing a road.
d. 
Quantity:
i. 
For one-family homes, two-family homes, and multiple-family dwellings in any zoning district, no more than one building-mounted turbine shall be installed on any parcel of property.
ii. 
In all other zoning districts, no more than two building-mounted turbines shall be installed on any parcel of property.
e. 
Separation: If more than one building-mounted turbine is installed, a distance equal to the height of the highest building-mounted turbine must be maintained between the base of each building-mounted turbine.
8. 
Small tower turbines. In addition to the site placement and design requirements listed previously, the small tower turbine shall also be subject to the following:
a. 
Height: The maximum total height of a small tower turbine shall be equal to the distance from the location of the small tower turbine to the nearest property line, or up to 100 feet, whichever is smaller. Any small tower turbine shall be in compliance with the Michigan Tall Structures Act (P.A. 259 of 1959, as amended), FAA guidelines, and Michigan Aeronautics Commission guidelines.
b. 
Location: Small tower turbines shall only be located in a rear yard of a property that has an occupied building.
c. 
Occupied building setback: The setback from all occupied buildings on the applicant's parcel shall be a minimum of 1.1 times the total height of the turbine, as measured from the base of the tower.
d. 
Other setbacks. The setback shall be equal to the total height of the small tower turbine, as measured from the base of the tower, from the property line, public right-of-way, public easement, or overhead public utility lines.
e. 
Quantity:
i. 
For one-family homes, two-family homes, and multiple-family dwellings in any zoning district, no more than one small tower turbine shall be installed on any parcel of property.
ii. 
In all other zoning districts, no more than three small tower turbines shall be installed on any parcel of property.
f. 
Separation: If more than one small tower turbine is installed on a parcel of property, a distance equal to the height of the highest small tower turbine is the minimum distance permitted between the bases of each small tower turbine.
g. 
Electrical system: All electrical controls, control wiring, grounding wires, power lines, and system components shall be placed underground within the boundary of each parcel at a depth designed to accommodate the existing land use to the maximum extent practicable. Wires necessary to connect the wind generator to the tower wiring are exempt from this requirement.
h. 
Rotor diameter: A small tower turbine may have a rotor diameter that does not exceed 15 feet.
(c) 
Anemometers. The following is permitted in all zoning districts as a temporary use, in compliance with the provisions contained herein, and the applicable small wind turbine regulations.
(1) 
The construction, installation, or modification of an anemometer tower shall require a building permit and shall conform to all applicable local, State, and Federal applicable safety, construction, environmental, electrical, communications, and FAA requirements.
(2) 
An anemometer shall be subject to the minimum requirements for height, setback, separation, location, safety requirements, and decommissioning that correspond to the size of the wind energy turbine that is proposed to be constructed on the site.
(3) 
An anemometer shall be permitted for no more than 13 months for a building-mounted or a small tower wind turbine.
(d) 
Permit application requirements.
(1) 
Name of property owner(s), address, zoning of parcel, and parcel number.
(2) 
A site plan shall include maps (drawn to scale) showing the proposed location of all components and ancillary equipment of the building-mounted or small tower turbines, property lines, physical dimensions of the property, existing building(s), setback lines, right-of-way lines, public easements, overhead utility lines, sidewalks, non-motorized pathways, roads and contours. The site plan must also include adjoining properties as well as the location and use of all structures.
(3) 
The proposed type and height of the building-mounted or small tower turbine to be constructed; including the manufacturer and model, manufacturer's product specifications including maximum noise output (measured in decibels at a specified distance), total rated generating capacity, dimensions, rotor diameter, and a description of ancillary facilities.
(4) 
Documented compliance with the noise requirements set forth in this section.
(5) 
Documented compliance with applicable local, State and Federal regulations including, but not limited to, all applicable safety, construction, environmental, electrical, communications, and FAA requirements.
(6) 
Proof of applicant's liability insurance.
(7) 
Evidence that the utility company has been informed of the customer's intent to install an interconnected, customer-owned generator and that such connection has been approved. Off-grid systems shall be exempt from this requirement.
(8) 
Other relevant information as may be reasonably requested.
(9) 
Signature of the applicant.
(10) 
In addition to the permit application requirements previously listed, the application shall also include the total proposed number of building-mounted turbines, if applicable, or in the case of a small tower turbine, a description of the methods that will be used to perform maintenance on the small tower turbine and the procedures for lowering or removing the small tower turbine in order to conduct maintenance.
(e) 
Safety requirements.
(1) 
If the building-mounted or small tower turbine is connected to a public utility system for net-metering purposes, it shall meet the requirements for interconnection and operation as set forth in the public utility's then-current service regulations meeting Federal, State, and industry standards applicable to wind power generation facilities, and the connection shall be inspected by the appropriate public utility.
(2) 
The building-mounted or small tower turbine shall be equipped with an automatic braking, governing or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower structure, rotor blades and other wind energy components unless the manufacturer certifies that a braking system is not necessary.
(3) 
A clearly visible warning sign regarding voltage shall be placed at the base of the building-mounted or small tower turbine.
(4) 
The structural integrity of the building-mounted or small tower turbine shall conform to the design standards of the International Electrical Commission, specifically IEC 61400-1, "Wind Turbine Safety and Design" and/or IEC 61400-2, "Small Wind Turbine Safety," IEC 61400-22 "Wind Turbine Certification," and IEC 61400-23 "Blade Structural Testing," or any similar successor standards.
(5) 
On-site wind energy systems shall comply with all applicable State and local construction and electrical codes, Michigan Public Service Commission requirements and Federal Energy Regulatory Standards.
(6) 
The potential ice throw or ice shedding for the wind turbine generator shall not cross the property lines of the site nor impinge on any right-of-way or overhead utility line.
(f) 
Signal interference. The building-mounted or small tower turbine shall not interfere with communication systems such as, but not limited to, radio, telephone, television, satellite, or emergency communication systems.
(g) 
Decommissioning.
(1) 
The building-mounted or small tower turbine owner(s) or operator(s) shall complete decommissioning within 12 months after the end of the useful life. Upon request of the owner(s) or assigns of the building-mounted or small tower turbine, and for a good cause, the City Council may grant a reasonable extension of time. The building-mounted or small tower turbine will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months as evidenced by the appearance of missing turbine parts, poor aesthetics, or a deteriorated condition. All decommissioning expenses are the responsibility of the owner(s) or operator(s).
(2) 
If the building-mounted or small tower turbine owner(s) or operator(s) fails to complete decommissioning within the period prescribed above, the City Council may designate a contractor to complete decommissioning with the expense thereof to be charged to the violator and/or to become a lien against the premises.
(3) 
In addition to the decommissioning requirements listed previously, the small tower turbine shall also be subject to the following:
A. 
Decommissioning shall include the removal of each small tower turbine, buildings, electrical components, and any other associated facilities. Any foundation shall be removed to a minimum depth of 60 inches below grade, or to the level of the bedrock if less than 60 inches below grade.
B. 
The site and any disturbed earth shall be stabilized, graded, and cleared of any debris by the owner(s) of the facility or its assigns. If the site is not to be used for agricultural practices following removal, the site shall be seeded to prevent soil erosion, unless the property owner(s) requests in writing that the land surface areas not be restored.
(h) 
Definitions.
(1) 
ANEMOMETER — A device used to measure wind speed.
(2) 
BUILDING-MOUNTED WIND TURBINE — Equipment that converts wind energy into electricity that includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system. A building-mounted wind turbine is attached to a structure's roof, walls, or other elevated surface. The total height of a building-mounted wind turbine must not exceed 15 feet as measured from the highest point of the roof, excluding chimneys, antennae, and other similar protuberances.
(3) 
DECIBEL — The unit of measure used to express the magnitude of sound pressure and sound intensity.
(4) 
HEIGHT — The distance measured from ground level to the highest point of the wind turbine generator including the top of the blade in its vertical position.
(5) 
IEC — International Electrotechnical Commission.
(6) 
NACELLE — The protective casing of a wind turbine, covering the gearbox, generator, blade hub, and other parts.
(7) 
ROTOR — An element of a wind energy turbine that acts as a multi-bladed airfoil assembly, thereby extracting through rotation, kinetic energy directly from the wind.
(8) 
SCADA TOWER — A free-standing tower containing instrumentation such as anemometers that is designed to provide present moment wind data for use by the supervisory control and data acquisition (SCADA) system.
(9) 
SHADOW FLICKER — Alternating changes in light intensity caused by the moving blade of a wind energy turbine casting shadows on the ground and stationary objects, such as a window at a dwelling.
(10) 
SMALL TOWER WIND TURBINE — A type of wind turbine that converts wind energy into electricity through the use of equipment that includes any base, blade, foundation, generator, nacelle, rotor, transformer, vane, inverter, batteries, or other components. The total height does not exceed 100 feet.
(11) 
SOUND PRESSURE — Average rate at which sound energy is transmitted through a unit area in a specified direction. The pressure of the sound measure at a receiver.
(12) 
SOUND PRESSURE LEVEL — The sounds pressure mapped to a logarithmic scale and reported in decibels (dB).
(13) 
TIP HEIGHT — When referring to a wind turbine, the distance measured from ground level to the furthest vertical extension of the rotor.
(14) 
UTILITY-GRID WIND ENERGY SYSTEM — A system of wind turbines that is designed and built to provide electricity to the electric utility grid.
(15) 
WIND SITE ASSESSMENT — An assessment to determine the wind speeds at a specific site and the feasibility of using that site for construction of a wind energy turbine.