The development and execution of this article is based upon
the division of the Village into districts within which the uses of
land and buildings and the bulk and location of buildings and structures
in relation to the land are substantially uniform. It is recognized,
however, that there are special uses which, because of their unique
characteristics, cannot be properly classified in any particular district
or districts without consideration, in each case, on the impact of
those uses upon neighborhood land. These uses include public uses
and uses entirely private in character, but of such nature that their
operation may give rise to unique problems with respect to their impact
upon neighboring property or public facilities. Regulations in this
article are in addition to regulations within other articles of this
chapter. Where this article's regulations are more stringent
than the regulations in other articles of this chapter, this article's
regulations shall prevail.
[Amended 1-12-2015 by Ord. No. 2015-001]
[Amended 1-22-2018 by Ord. No. 2018-001]
It is the purpose of this article to specify the process that
shall be followed in the review and approval of "special land uses"
as authorized by the districts and elsewhere in this chapter, including
the standards by which such applications shall be evaluated to ensure
conformance with this chapter and encourage public health, safety
and welfare. Special land uses are uses and structures which have
been generally accepted as reasonably compatible with the primary
uses and structures permitted in the district, but could present potential
injurious effects upon the primary uses or are otherwise unique in
character, and therefore require special consideration in relation
to the welfare of adjacent properties and to the Village as a whole.
[Amended 1-22-2018 by Ord. No. 2018-001]
A.
Application. An application for a zoning permit for a special land
use shall consist of:
(1)
An application form available from the Zoning Administrator,
signed by the property owner(s) and applicant(s).
(3)
A detailed description of the proposed project, in narrative
form and part of a document signed by the applicant. Such description
shall address, at a minimum, the intended use of the property, typical
day-to-day operational features of the proposed use, hours of operation,
number of employees by shift, the extent to which there will be indoor
or outdoor storage and the materials to be stored, the extent of hazardous
materials to be present and for what purpose, the means of waste disposal,
and anticipated traffic by volume and type including the extent to
which truck traffic will be present in association with customers
and deliveries.
B.
Review and action/public hearing:
(1)
Application for a zoning permit for a special land use shall
follow the same general procedures as delineated for site plan review
according to § 155-22.03, except that the Planning Commission
shall hold a public hearing on such application before forwarding
a recommendation on the application to the Village Council for final
action. The Planning Commission's recommendation shall provide
for approval, conditional approval or denial. Notice of the hearing
shall comply with the Public Act 110 of 2006, the Michigan Zoning
Enabling Act, as amended.
(2)
When evaluating the application, the Planning Commission and
Village Council shall refer to the approval standards set forth in
§ 155-17.03 in addition to those specified for site plan
approval (§ 155-22.04). The recommendation of the Planning
Commission and decision of the Village Council shall each be incorporated
in a statement of findings and conclusions relative to the special
land use application that specifies the basis for the decision and
any conditions of approval.
(3)
An application for a special land use shall be an application
to determine the appropriateness of both the proposed use on the subject
property and the manner in which the proposed use is to be arranged
and function on the site as delineated in the required site plan.
The use and site plan shall be viewed as inseparable and shall be
acted upon through a single motion of approval, conditional approval
or denial.
C.
Changes:
(1)
Site plan. Changes to an approved site plan that are classified as "minor" according to § 155-22.06 shall be acted upon as provided in § 155-22.06. In the case where such change constitutes a "major" change, such change shall be subject to the same review and approval provisions of Subsections A and B.
(2)
Use or activity. A change in the character of the use or activity from what the originally approved zoning permit authorized shall not occur until such change is applied for and approved according to the application and review procedures of Subsections A and B. Examples requiring a new application and review procedure include the establishment of another special land use; the expansion or reduction of the land area comprising the original approved application; and the expansion or increase in intensity of the use, including the erection of additional buildings and the extension of authorized hours of operation.
D.
Appeals. A person aggrieved in association with a special land use decision may appeal the decision to the circuit court only. This limitation shall not prohibit an applicant from seeking a variance from a specific site development standard of this chapter according to Article XXVI.
E.
Reapplication. No application for a zoning permit for a special land use which has been denied wholly or in part shall be resubmitted until the expiration of one year from the date of such denial, except on the grounds of newly discovered evidence or proof of changed conditions having bearing on the basis for the previous denial, as determined by the Village Council. Reapplication shall follow the provisions of Subsections A and B.
F.
Expiration of approval. A zoning permit issued for a special land
use shall not expire except according to § 155-24.04C and
in the case where the special land use has been abandoned or has been
otherwise inactive for a period of more than five years. Where such
a permit has expired, the use shall not be reinitiated except upon
approval of a newly submitted application including site plan approval
and a public hearing.
[Amended 1-22-2018 by Ord. No. 2018-001]
A.
General approval standards. No special land use application shall
be approved except where the application complies with the following
general standards:
(1)
Master plan. The application shall be consistent with the Village
of Bellevue Master Plan.
(2)
Zoning district. The application shall be consistent with the
purpose of the zoning district in which it is located.
(3)
Compatibility of character. The proposed facility shall be designed,
constructed, operated and maintained so as to be compatible with the
existing and planned character of the general vicinity, taking into
consideration such features as the bulk, placement, and materials
of proposed structures, open space areas, lighting, and landscaping
and screening of parking and storage areas, and hours of operation.
(4)
Neighborhood impact. The proposed facility shall not be substantially
hazardous, disturbing, or detrimental to the use, peaceful enjoyment,
economic value or development of neighboring property, or the vicinity
in general, taking into consideration such features as hours of operation;
and the production of noise, glare, vibration, odors, or other external
impacts.
(5)
Public facilities/utilities. The proposed facility shall be
served adequately by essential public facilities and services such
as utilities including water and sewage facilities, police and fire
protection, streets, drainage structures, refuse disposal, schools,
and streets including minimizing the impact of traffic generated by
the proposed development on adjacent properties.
(6)
Public cost. The proposed facility shall not require excessive
additional public facilities and services requirements at public cost.
(7)
Public health, safety and welfare. The proposed facility shall
not involve uses, activities, processes, materials and equipment or
conditions of operation that will endanger the public health, safety
or welfare, including detrimental impacts on air, soil, surface and
groundwater resources, and other features of the natural environment.
(8)
Site plan approval standards. The proposed facility shall be
in compliance with the site plan approval standards of § 155-22.04.
B.
Specific site development standards. In addition to compliance with the above general standards in Subsection A, special land uses shall also comply with the specific site development standards and regulations presented in this article for delineated uses. Unless otherwise specified, each specific use addressed in this article shall be subject to all setback, lot area and other standards of the district in which the use is located. Where this article establishes a standard more stringent than that required elsewhere in this chapter, including the district in which the lot is located, the standard of this article shall apply. Any requirements of this article regarding application submittal data, plans, and drawings shall be in addition to the data requirements of Article XXII, Site Plan Review. Compliance with the standards and requirements of this article does not relieve the owner or operator of a permitted use from complying with requirements of other ordinances.
Adult entertainment facilities may be permitted provided the
conditions below and such other conditions as may be required to protect
adjacent uses and residential neighborhoods are met.
A.
No adult entertainment facility shall be permitted within 600 feet
of a church, park, or a public or private school property.
B.
No adult entertainment facility shall be permitted within 600 feet
of a residentially zoned district.
C.
No adult bookstore or adult motion-picture theater shall be located
within 800 feet of any other establishment that is an adult bookstore
or adult motion-picture theater.
D.
In determining the distance limitation in the paragraphs above, measurement
shall be made from the lot line of the church, park, school, adult
bookstore or adult motion-picture theater or residential zoning district
in a direct line to the nearest point on the lot line of the proposed
adult motion-picture theater or adult bookstore.
A.
Permitted uses:
(1)
Commercial riding stable.
(2)
Food, feed, fiber, alcohol processing facility, handling products
for more than one farm operator.
(3)
Grain and feed elevators.
(4)
Greenhouses with on premise retail sales.
(5)
Livestock auction yards.
(6)
Livestock transport facilities.
(7)
Nurseries with on premise retail sales.
(8)
Sawmills.
(9)
Seasonal farm markets; provided, however, that seasonal farm
markets selling only fresh produce raised on the premises and conducting
retail sales shall not be regulated under this article.
(10)
Slaughterhouse selling products butchered on the premises.
(11)
Veterinary hospital or clinic and kennel.
B.
Special performance standards.
(1)
Animal holding areas associated with livestock auctions, transportation
facilities or slaughterhouses shall be set back 100 feet from all
property lines and the road right-of-way.
(2)
There shall be no storage of manure or dust producing material
within 100 feet of any property line or road right-of-way.
(5)
Agricultural business shall be established and conducted in
compliance with all other applicable federal, state and local laws
and ordinances.
A.
The following site and developmental requirements shall apply:
(1)
For facilities with new underground storage tanks, the site
shall be not less than 300 feet from any residential well, 800 feet
from a non-community public water well and 2,000 feet from any public
water well, or as otherwise required by state or federal law.
(2)
Ingress and egress to the facility shall be only from a paved
major thoroughfare, or from a shared access drive to such roadway.
(3)
No more than two driveways onto a roadway shall be permitted
per site. Curb openings for driveways shall not exceed 50 feet and
driveway widths shall not exceed 35 feet. Driveways shall be separated
by a minimum of 20 feet.
(4)
Curb openings shall be no closer than 10 feet to any adjoining
lot line and shall be no closer than 20 feet to an intersection, as
measured from the right-of-way.
(5)
No lot line of the site shall be less than 200 feet from any
lot line of any place of public assembly, including, but not limited
to, hospitals, sanitariums, schools, churches or other institutions.
(6)
All buildings shall be set back not less than 40 feet from all
street right-of-way lines.
(7)
All gasoline pumps shall be located not less than 15 feet from
any lot line or within 30 feet from the street right-of-way and shall
be arranged so that motor vehicles using them will not be parked on
or overhanging any public sidewalk or street right-of-way.
(8)
The site shall be a minimum of 14,000 square feet in area and
have a minimum of 140 feet of frontage. On lots with frontage on two
streets, the street designated as the major access side of the site
shall have not less than 90 feet of street frontage.
(9)
The entire area used for vehicle service shall be hard-surfaced
and adequately drained.
B.
Special performance standards:
(1)
Hydraulic hoists, service pits, lubricating, greasing, washing,
and repair equipment and operations shall be located within a completely
enclosed structure.
(2)
Storage of vehicles rendered inoperative for any reason, and
vehicles without current license plates and registration, shall be
limited to a period of not more than 30 days and then only for the
purpose of temporary storage pending transfer to another facility.
Such storage shall not occur in front of the building.
(3)
A car wash may be established as part of the principal structure
or as a separate structure but shall conform to all setback requirements
for a principal structure.
(4)
Retail sales of convenience store merchandise sold primarily
to patrons purchasing fuel or services may be permitted.
A.
The following site and development standards shall apply:
(1)
The minimum lot area shall be 10,000 square feet, and so arranged
that ample space is available for motor vehicles which are required
to wait for service.
(2)
The curb cuts for ingress and egress shall not be permitted
at such locations that will tend to create traffic hazards in the
streets immediately adjacent thereto. Entrances shall be no less than
20 feet from a street intersection or from adjacent residential districts.
(3)
There shall be provided, on those sides abutting or adjacent
to a residential district or use, a four-foot solid wall such as brick,
decorative block or decorative poured concrete. The height of the
fence or wall shall be measured from the surface of the ground of
the abutting residential district or use.
(4)
All lighting shall be shielded from adjacent residential districts.
(5)
The sale of propane gas is permitted provided all requirements
of the International Fire Code as amended are complied with.
A.
The following site and developmental requirements shall apply:
(1)
Off-street parking shall be provided based upon one space for
each rental room and one space for the operator of the facility. It
is the intent to discourage yards from being destroyed, landscaping
removed or the integrity of the neighborhood altered in order to provide
parking. In those instances where parking requirements cannot be met,
the applicant may request special consideration by submittal of an
analysis of parking required and parking available within a three-hundred-foot
radius of the subject parcel. After analyzing this data, the Planning
Commission may recommend the Village Council approve a lower number
of required parking spaces if sufficient off-street parking exists
in the neighborhood.
(2)
A bed-and-breakfast dwelling shall not be located on a lot which
is within 300 feet of the nearest lot line of another such facility.
B.
Special performance standards. The bed-and-breakfast facility must
be a single-family dwelling which is operated and occupied by the
owner of the dwelling. The bed-and-breakfast facility may have up
to six bedrooms used for and material.
(1)
Paying guests. Meals may be served to overnight guests only,
and may not be served to the public at large.
(2)
The applicant shall provide a scaled floor plan of the premise
as part of the special land use application.
(3)
The exterior appearance of the structure shall not be altered
from its single family character.
(4)
The impact of the bed-and-breakfast establishment on the neighborhood
shall be no greater than that of a private home with overnight guests.
(5)
Retail sales are not permitted beyond those activities serving
overnight patrons.
(6)
No receptions, private parties or activities for which a fee
is paid shall be permitted.
(7)
Exterior solid waste facilities beyond what might normally be
expected for a single-family dwelling shall be prohibited.
(8)
The establishment shall contain at least two exits to the outdoors.
(9)
Rooms utilized for sleeping must be part of the primary residential
structure and not have been specifically constructed or remodeled
for rental purposes.
(10)
No guest room shall be located in a basement or cellar unless
that guest room is provided direct access to the outside by way of
a door.
(11)
No paying guests shall reside on the premises for more than
seven days in any thirty-day period. A guest registry indicating name,
address, phone number, and vehicle license number shall be kept, indicating
dates of arrival and departure, and shall be available for inspection
by the Zoning Administrator upon request.
(12)
Lavatories and bathing facilities shall be available to all
persons using the premises.
(13)
No separate or additional kitchen facilities shall be provided
for paying guests.
[Amended 1-12-2015 by Ord. No. 2015-001]
A.
The following site and developmental requirements shall apply:
(1)
All ingress and egress to and from the site shall be hard-surfaced.
(2)
No more than 25% of the site area shall be covered by buildings,
except that this limitation shall not apply to the (CBD) Central Business
District zoning district.
(3)
No more than 60% of the site shall be covered by impervious
surface, except that this limitation shall not apply to the (CBD)
Central Business District zoning district.
(4)
No building shall be closer than 50 feet to any lot line or
right-of-way, except that this limitation shall not apply to the (CBD)
Central Business District zoning district.
(5)
No building shall be erected to a height greater than that permitted
in the district in which it is located unless the building is set
back an additional one foot for each one-foot of additional height
above the district height limitation. A spire is excluded.
(6)
No day-care center, private school, or other use requiring special
land use Approval shall be allowed on the site without a separately
approved special land use permit for each use.
A.
Intent and purpose. It is the intent and purpose of this section
to establish regulations and concepts for placement of wireless communication
towers and antennas. In this regard, it is the Village's desire
to protect residential areas and land uses from potential adverse
impacts of such towers and antennas; and encourage the location of
towers in nonresidential areas, minimize the total number of towers
throughout the Village, encourage the joint use of new and existing
tower sites as a primary option, rather than construction of additional
single use towers; encourage owners and users of such facilities to
place same to the extent possible in areas where adverse impact on
the Village is minimized; to encourage owners and users of such facilities
to adopt designs and configurations that minimize the adverse visual
impact of said facilities, including, but not limited to, siting,
landscape, screening, camouflage technique and coloration; to enhance
the ability of providers of telecommunication services to provide
such services to users within the Village; to consider public health
and safety; and avoid potential damage to adjacent properties from
tower failure through engineering and site selection.
B.
ALTERNATIVE TOWER STRUCTURE
ANTENNA
BACKHAUL NETWORK
FAA
FCC
HEIGHT
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
TOWER
As used in this chapter, the following terms shall have the meanings
as set forth below.
Man-made trees, clock towers, bell steeples, light poles
and similar alternative design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
The lines that connect a provider's towers/cell sites
to one or more cellular telephone switching office(s), and/or long
distance providers, or the public switched telephone network.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, means the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antenna.
Any legally existing tower or antenna prior to the effective
date of this chapter, including permitted towers or antennas that
have not yet been constructed so long as such approval is current
and not expired.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
radio and television transmission towers, microwave towers, common
carrier towers, cellular telephone towers, alternative tower structures,
and the like. The term includes the structure and any support thereto.
C.
Applicability.
(1)
New towers and antennas. All new towers and antennas in the
Village shall be subject to these regulations, except as provided
in Subsection C(2) through (4) of this section, inclusive.
(2)
Amateur radio station and antennas capable of reception only.
This chapter shall not be deemed to be applicable to any tower or
installation of any antenna that is owned and operated by a federally
licensed amateur radio station operator, or is used exclusively for
receive only antennas.
(3)
Preexisting towers or antennas. Preexisting towers and preexisting
antennas shall not be required to meet the requirements of this chapter,
other than the requirements of Subsection D(6) and (7).
(4)
AM array. For purposes of implementing this chapter, an AM array,
consisting of one or more tower units and supporting ground system
which functions as one AM broadcasting antenna, shall be considered
one tower. Measurements for setbacks and separation distances shall
be measured from the outer perimeter of the towers included in the
AM array. Additional tower units may be added within the perimeter
of the AM array by right.
D.
General requirements.
(1)
Principal or accessory use. Antennas and towers may be considered
either principal or accessory uses. A different existing use of an
existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot.
(2)
Lot size. For purposes of determining whether the installation
of a tower or antenna complies with district development regulations,
including, but not limited to, setback requirements, lot-coverage
requirements, and other such requirements, the dimensions of the entire
lot shall control, even though the antennas or towers may be located
on leased parcels within such lot.
(3)
Inventory of existing sites. Each applicant for an antenna and/or
tower shall provide to the Zoning Administrator an inventory of its
existing towers, antennas, or sites approved for towers or antennas,
that are either within the jurisdiction of the Village or within an
adjacent municipality that provides service within the Village of
Bellevue, including specific information about the location, height
and design of each tower. The Zoning Administrator may share such
information with other applicants applying for administrative approvals
or special use permits under this chapter or other organizations seeking
to locate antennas within the jurisdiction of the Village; provided,
however, that the Zoning Administrator is not, by sharing such information,
in any way representing or warranting that such sites are available
or suitable.
(4)
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
Towers shall be of monopole construction only unless the applicant
can demonstrate that a lattice (non-guyed) tower is the only structure
feasible based upon engineering criteria. Towers shall maintain a
galvanized steel finish or, subject to applicable FAA standards, be
painted a neutral color so as to reduce visible obtrusiveness.
(b)
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening
and landscaping that will blend them into the natural setting and
surrounding buildings.
(c)
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment must
be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
(5)
Lighting. Towers shall not be artificially lighted unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
(6)
State or federal requirements. All towers must meet or exceed
current standards and regulations of the FAA, the FCC, and any other
agency of the state or federal government with the authority to regulate
towers and antennas. If such standards and regulations are changed,
then the owners of the towers and antennas governed by this chapter
shall bring such towers and antennas into compliance with such revised
standards and regulations within six months of the effective date
of such standards and regulations, unless a different compliance schedule
is mandated by the controlling state or federal agency. Failure to
bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
(7)
Building codes; safety standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable state or local
building codes and the applicable standards for towers that are published
by the Electronic Industries Association, as amended from time to
time. If, upon inspection, the Village concludes that a tower fails
to comply with such codes and standards and constitutes a danger to
persons or property, then, upon notice being provided to the owner
of the tower, the owner shall have 30 days to bring such tower into
compliance with such standards. Failure to bring such tower into compliance
within said 30 days shall constitute grounds for the removal of the
tower or antenna at the owner's expense.
(8)
Measurement. For purposes of measurement, tower setbacks and
separation distances shall be calculated and applied to facilities
located in the Village irrespective of municipal and county jurisdictional
boundaries.
(9)
Not essential services. Towers and antennas shall be regulated
and permitted pursuant to this chapter and shall not be regulated
or permitted as essential services, public utilities or private utilities.
(10)
Franchises. Owner and/or operators of towers or antennas shall
certify that all franchises required by law for the construction and/or
operation of a wireless communication system in the Village have been
obtained and shall file a copy of all required franchises with the
Zoning Administrator.
(11)
Public notice. For purposes of this chapter, any special use
request, variance request or appeal of an administratively approved
use or special use shall require public notice to all abutting property
owners and all property owners of properties that are located within
the corresponding separation distance listed in Subsection F(2)(g)[1]
and [2], in addition to any notice otherwise required by this chapter.
(12)
Signs. No signs shall be allowed on an antenna or tower.
(13)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection H.
(14)
Multiple antenna/tower plan. The Village encourages the users
of towers and antennas to submit a single application for approval
of multiple towers and/or antenna sites. Applications for approval
of multiple sites shall be given priority in the review process.
E.
Administratively approved uses.
(1)
General. The following provisions shall govern the issuance
of administrative approvals for towers and antennas.
(a)
The Zoning Administrator may administratively approve the uses
listed in this section.
(b)
Each applicant for administrative approval shall apply to the
Zoning Administrator providing the information set forth in Subsection
F(2)(b) and (d) of this chapter and a nonrefundable fee as established
by resolution of the Village Council to reimburse the Village for
the costs of reviewing the application.
(c)
The Zoning Administrator shall review the application for administrative approval and determine if the proposed use complies with Subsection D and F(2)(d), (e), (f) and (g).
(d)
The Zoning Administrator shall respond to each such application
within 60 days after receiving it by either approval or denying the
application. If the Zoning Administrator fails to respond to the applicant
within said 60 days, applicant may apply to the Village Council for
action within the following 30 days.
(e)
In connection with any such administrative approval, the Zoning
Administrator may, in order to encourage shared use, administratively
waive any zoning district setback requirements in Subsection F(2)(f)
or separation distances between towers in Subsection F(2)(g) by up
to 50%.
(f)
In connection with any such administrative approval, the Zoning
Administrator may, in order to encourage the use of monopoles, administratively
allow the reconstruction of an existing tower to monopole construction.
(2)
List of administratively approved uses. The following uses may
be approved by the Zoning Administrator after conducting an administrative
review:
(a)
Locating an antenna, including the placement of additional buildings
or other supporting equipment used in connection with said antenna,
in the AG, I-1 and I-2 zoning districts.
(b)
Locating antennas on existing structures or towers consistent
with the terms of Subsection E(2)(b)[1] and [2] below.
[1]
Antennas on existing structures. Any antenna which
is not attached to a tower may be approved by the Zoning Administrator
as an accessory use to any commercial, industrial, professional, institutional
or multifamily structure of eight or more dwelling units, provided:
[2]
Antennas on existing towers. An antenna which is
attached to an existing tower may be approved by the Zoning Administrator
and, to minimize adverse visual impacts associated with the proliferation
and clustering of towers, co-location of antennas by more than one
carrier on existing towers shall take precedence over the construction
of new towers, provided such co-location is accomplished in a manner
consistent with the following:
[a]
A tower which is modified or reconstructed to accommodate
the co-location of an additional antenna shall be of the same tower
type as the existing tower, unless the Zoning Administrator allows
reconstruction as a monopole;
[b]
Height.
[c]
On-site location.
[i]
A tower which is being rebuilt to accommodate the
co-location of an additional antenna may be moved on site within 50
feet of its existing location.
[ii]
After the tower is rebuilt to accommodate co-location,
only one tower may remain on the site.
[iii]
A relocated on-site tower shall continue to be
measured from the original tower location for purposes of calculation
of separation distances between towers pursuant to Subsection F(2)(g).
The relocation of a tower hereunder shall in no way be deemed to cause
a violation of Subsection F(2)(g).
[iv]
The on-site relocation of a tower which comes
within the separation distances to residential units or residentially
zoned lands as established in Subsection F(2)(g) shall only be permitted
when approved by the Zoning Administrator.
F.
Special use permits.
(1)
General. The following provisions shall govern the issuance
of special use permits for towers or antennas by the Village Council:
(a)
Applications for special use permits under this section shall be subject to the procedures and requirements of Article XXV of this chapter, except as modified in this section.
(b)
In granting a special use permit, the Village Council may impose
conditions to the extent the Council considers such conditions to
be necessary to minimize any adverse effect of the proposed tower
on adjoining properties.
(c)
Any information of an engineering nature that the applicant
submits, whether civil, mechanical or electrical, shall be certified
by a licensed professional engineer.
(d)
An applicant for a special use permit shall submit the information
described in this section and a nonrefundable fee as established by
resolution of the Village Council to reimburse the Village for the
costs of reviewing the application.
(2)
Towers.
(b)
Information required. In addition to any information required for applicants for special use permits pursuant to Article XXV of this chapter, applicants for a special use permit for a tower shall submit the following information:
[1]
A scaled site plan clearly indicating the location,
type and height of the proposed tower, on-site land uses and zoning,
adjacent land uses and zoning (including adjacent land users in other
municipalities), comprehensive development plan classification and
zoning classification of the site and all properties within the applicable
separation distances set forth in Subsection F(2)(g), adjacent roadways,
proposed means of access, setbacks from property lines, elevation
drawings of the proposed tower and any other structures, topography,
parking and other information deemed by the Zoning Administrator to
be necessary to assess compliance with this chapter.
[2]
Legal description of the parent tract and leased
parcel (if applicable).
[3]
The setback distance between the proposed tower
and the nearest residential unit, platted residentially zoned properties,
and unplatted residentially zoned properties.
[4]
The separation distance from other towers described
in the inventory of existing sites submitted pursuant to Subsection
D(3) shall be shown on an updated site plan or map. The applicant
shall also identify the type of construction of the existing tower(s)
and the owner/operator of the existing tower(s), if known.
[5]
A landscape plan showing specific landscape materials.
[6]
Method of fencing, and finished color, and, if
applicable, the method of camouflage and illumination.
[7]
A description of compliance with Subsections D(3),
(4), (5), (6), (7), (10), (12), and (13) and F(2)(f) and F(2)(g) and
all applicable federal, state or local laws.
[8]
A notarized statement by the applicant as to whether
construction of the tower will accommodate co-location of additional
antennas for future users.
[9]
Identification of the entities providing the backhaul
network for the tower(s) described in the application and other cellular
sites owned or operated by the applicant in the municipality.
[10]
A description of the suitability of the use of
existing towers, other structures or alternative technology not requiring
the use of towers or structures to provide the services to be provided
through the use of the proposed new tower.
[11]
A description of the feasible location(s) of future
towers or antennas within the Village based upon existing physical,
engineering, technological or geographical limitations in the event
the proposed tower is erected.
(c)
Installing a cable microcell network through the use of multiple
low-powered transmitters/receivers attached to existing wire line
systems, such as conventional cable or telephone wires, or similar
technology that does not require the use of towers.
(d)
Factors considered in granting special use permits for towers. In addition to any standards for consideration of special use permit applications pursuant to Article XXV of this chapter, the Planning Commission and Village Council shall consider the following factors in determining whether to issue a special use permit, although the Village Council may waive or reduce the burden on the applicant of one or more of these criteria if the Village Council concludes that the goals of this chapter are better served thereby:
[1]
Height of the proposed tower;
[2]
Proximity of the tower to residential structures
and residential district boundaries;
[3]
Nature of uses on adjacent and nearby properties;
[4]
Surrounding topography;
[5]
Surrounding tree coverage and foliage;
[6]
Design of the tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness;
[7]
Proposed ingress and egress; and
[8]
Availability of suitable existing towers, other
structures, or alternative technologies not requiring the use of towers
or structures, as discussed in Subsection F(2)(e) of this chapter.
(e)
Availability of suitable existing towers, other structures,
or alternative technology. No new tower shall be permitted unless
the applicant demonstrates to the reasonable satisfaction of the Village
Council that no existing tower, structure or alternative technology
that does not require the use of towers or structures can accommodate
the applicant's proposed antenna. An applicant shall submit information
requested by the Planning Commission and Village Council related to
the availability of suitable existing towers, other structures or
alternative technology. Evidence submitted to demonstrate that no
existing tower, structure or alternative technology can accommodate
the applicant's proposed antenna may consist of any of the following:
[1]
No existing towers or structures are located within
the geographic area which meet applicant's engineering requirements;
[2]
Existing towers or structures are not of sufficient
height to meet applicant's engineering requirements;
[3]
Existing towers or structures do not have sufficient
structural strength to support applicant's proposed antenna and
related equipment;
[4]
The applicant's proposed antenna would cause
electromagnetic interference with the antenna on the existing towers
or structures, or the antenna on the existing towers or structures
would cause interference with the applicant's proposed antenna;
[5]
The fees, costs or contractual provisions required
by the owner in order to share an existing tower or structure or to
adapt an existing tower or structure for sharing are unreasonable.
Costs exceeding new tower development are presumed to be unreasonable;
[6]
The applicant demonstrates that there are other
limiting factors that render existing towers and structures unsuitable.
(f)
Setbacks. The following setback requirements shall apply to
all towers for which a special use permit is required; provided, however,
that the Village Council may reduce the standard setback requirements
if the purpose and goals of this chapter would be better served thereby:
(g)
Separation. The following separation requirements shall apply
to all towers and antennas for which a special use permit is required;
provided, however, that the Village Council may reduce the standard
separation requirements if the purpose and goals of this chapter would
be better served thereby.
[1]
Separation from off-site uses/designated areas.
[a]
Tower separation shall be measured from the base
of the tower to the lot line of the off-site uses and/or designated
areas as specified in Table 1, except as otherwise provided in Table
1.
[b]
Separation requirements for towers shall comply
with the minimum standards established in Table 1.
|
Table 1
| |
|---|---|
|
Off-Site Use/Designated Area
|
Separation Distance
|
|
Single-family or duplex residential units[1]
|
200 feet or 300% height of tower, whichever is greater
|
|
Vacant single-family or duplex residentially zoned land which
is either platted or has preliminary subdivision plan approval which
is not expired
|
200 feet or 300% of height of tower, whichever is greater[2]
|
|
Vacant unplatted residentially zoned lands[3]
|
100 feet or 100% height of tower, whichever is greater
|
|
Existing multifamily residential units greater than duplex units
|
100 feet or 100% of height of tower. whichever is greater
|
|
Nonresidentially zoned lands or nonresidential uses
|
None; only setbacks apply
|
[1]
Includes modular homes and mobile homes used for living purposes.
[2]
Separation measured from base of tower to closest building
setback line.
[3]
Includes any unplatted residential use properties without
a valid preliminary subdivision plan or valid development plan approval
and any multifamily residentially zoned land greater than duplex.
[2]
Separation distances between towers.
[a]
Separation distances between towers shall be applicable
for and measured between the proposed tower and preexisting towers.
The separation distances shall be measured by drawing or following
a straight line between the base of the existing tower and the proposed
base, pursuant to a site plan, of the proposed tower. The minimum
separation distance for towers of 75 feet or less shall be one mile;
for towers in excess of 75 feet not to exceed 90 feet, separation
distance shall be 1.25 miles; and in excess of 90 feet but not to
exceed 120 feet, the separation distance shall be 1.5 miles.
(h)
Security fencing. Towers shall be enclosed by security fencing
not less than six feet in height and shall also be equipped with an
appropriate anti-climbing device; provided, however, that the Village
Council may waive such requirements as it deems appropriate.
(i)
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a special use permit is required; provided,
however, that the Village Council may waive such requirements if the
purpose and goals of this chapter would be better served thereby.
[1]
Tower facilities shall be landscaped with a buffer
of plant materials that effectively screens the view of the tower
compound from property used for residences. The standard buffer shall
consist of a landscaped strip at least four feet wide outside the
perimeter of the compound.
[2]
In locations where the visual impact of the tower
would be minimal, the landscaping requirement may be reduced, waived
or postponed and the special use permit may require installation of
landscaping at a later date based upon changes in surrounding area
land use.
[3]
Existing mature tree growth and natural land forms
on the site shall be preserved to the maximum extent possible. In
some cases, such as towers sited on large, wooded lots, natural growth
around the property perimeter may be a sufficient buffer.
G.
Buildings or other equipment storage. Buildings to house equipment
used in association with antennas or towers shall not exceed 360 square
feet in floor area and nine feet in height for each user; provided,
however, upon good cause shown, the Planning Commission may allow
a larger structure if necessary to serve the particular tower or number
of users. Equipment cabinets utilized for antennas mounted on structures,
rooftops, utility poles, light poles or similar facilities shall be
no larger than necessary to serve each user of said antenna.
H.
Removal of abandoned antennas and towers. The tower owner shall advise
the Village of discontinuance of tower use or abandonment within 60
days of such discontinuance. Any antenna or tower that is not operated
for a continuous period of 12 months shall be considered abandoned,
and the owner of such antenna or tower shall remove the same within
90 days of receipt of notice from the Village notifying the owner
of such abandonment. Failure to remove an abandoned antenna or tower
within said 90 days shall be grounds for the Village to remove the
tower or antenna at the owner's expense. If there are two or
more users of a single tower, then this provision shall not become
effective until all users cease using the tower. The Village may,
as a condition for approval, require a financial guarantee in the
form of a performance bond, cash deposit or irrevocable letter of
credit to provide sufficient funds for removal of abandoned towers
and buildings associated therewith.
I.
Nonconforming uses.
(1)
No expansion of nonconforming use. Towers that are constructed,
and antennas that are installed, in accordance with the provisions
of this chapter shall not be deemed to constitute the expansion of
a nonconforming use or structure.
(2)
Preexisting towers. Preexisting towers shall be allowed to continue
their usage as they presently exist. Routine maintenance (including
replacement with a new tower of like construction and height) shall
be permitted on such preexisting towers. New construction other than
routine maintenance on a preexisting tower shall comply with the requirements
of this chapter.
(3)
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding Subsection I, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the setback and separation requirements specified in Subsection F(2)(f) and (g). The type, height, and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as set forth in Subsection H.
J.
Final determinations; written decision. No determination rejecting
a request to place, construct or modify personal wireless facilities,
including wireless communication towers, shall be final until a written
decision is adopted by the Village entity which made the decision.
A.
The following site and developmental requirements shall apply:
(1)
All egress and ingress to and from the site shall be hard-surfaced
and shall be at a distance of at least 60 feet from the intersection
of two streets, as measured from the right-of-way of the intersecting
street.
(2)
All buildings shall be set back a minimum distance of 60 feet
from all street right-of-way lines.
A.
The following site and developmental requirements shall apply:
(1)
A minimum lot area of five acres is required.
(2)
Notwithstanding any other minimum yard sizes required by this
chapter, extraction activities shall be set back the following minimum
distances:
(3)
A landscape buffer zone (which may consist of naturally occurring
vegetation) shall be provided for a minimum of 50 feet in depth around
the perimeter of the site.
B.
Special performance standards:
(1)
The extraction areas shall not be used for the disposal of foreign
material without prior approval from the Village, and any appropriate
federal, county, or state entities.
(2)
No operation shall be conducted in a manner so as to raise or
lower the water table on surrounding properties except as may be authorized
by a Department of Environmental Quality permit.
(3)
If, in the opinion of the Village Council, an extractive use
operation might present a dangerous condition if left unprotected,
the Council may require that the area involved in the use be enclosed
by a chain-link or similar fence.
(4)
Any excavator shall be responsible for notifying the Michigan
Department of State, Bureau of History when human remains and/or artifacts
are discovered.
(5)
All extractions shall use measures to substantially reduce the
potential for erosion and limit the amount of sediment reaching surface
waters.
(6)
The extraction operations shall be graded in a fashion which
will not cause water to accumulate in stagnant pools.
(7)
Air pollution, noise and vibrations shall be minimized from
any effect upon adjacent properties by adequate soundproofed equipment
and buildings designed to accomplish such minimization and by the
proper use of berms, walls, and natural planting screens.
(8)
Truck or heavy vehicle traffic related to extraction operations
shall use points of ingress and egress as approved by the County Road
Commission.
(9)
Public streets within 1,500 feet of the exit of the extractive
use site shall be kept reasonably clear of mud, dirt and debris from
vehicles exiting the site.
(10)
All permitted buildings, structures and stationary equipment
associated with extraction activities shall be located a minimum of
150 feet from all lot lines.
(11)
All reclamation activities shall be initiated at the earliest
possible date. Reclamation of the site concurrent with extraction
activities shall be undertaken to the extent that the reclamation
activities will not interfere with the excavating activity or if the
excavating activity will damage the reclaimed areas. No extraction
work can extend more than five acres in area until reclamation of
the previously excavated five acre area is satisfactorily completed
or underway. Excavated areas shall be reclaimed pursuant to a phasing
plan reviewed by the Planning Commission and approved by the Village
Council, and shall comply with the following standards:
(a)
Vegetation shall be restored by the appropriate
seeding of grasses, or the planting of trees and shrubs, to establish
a permanent vegetative cover on the land surface to minimize erosion.
(b)
When extraction operations are completed, the excavated
area shall be graded so that no gradients in disturbed earth are steeper
than a slope of 3:1 (horizontal-vertical).
(c)
A layer of arable topsoil shall be spread over
the excavated area, except exposed rock surfaces or areas lying below
natural water level in accordance with the approved reclamation plan.
(d)
Extraction which has created or extended lakes,
ponds or other bodies of water shall meet standards and specifications
(particularly with respect to underwater slopes and dropoffs) promulgated
by the United States Department of Agriculture, Natural Resources
Conservation Service, and shall be approved by that agency.
(e)
Where extraction operations result in a body of
water, the owner or operator shall place appropriate "Keep Out-Danger"
signs around said premises not more than 150 feet apart.
(f)
Backfill and grading materials shall not be noxious,
flammable or toxic.
(g)
Fill and soils shall be of sufficient quality to
be well drained and nonswelling and shall not be overly compacted.
If the reuse plan involves development of dwellings or other buildings,
fill and soils shall be of proper bearing capacity to support foundations
and septic systems.
(h)
All temporary structures shall be removed from
the premises upon completion of the extraction activity unless said
structures are of sound construction and are compatible with the reclamation
goals. Said structures shall be accurately depicted upon the approved
reclamation plan.
(i)
If the reuse plan involves a recreational or wildlife
facility, reclamation plans shall be reviewed by recreation, fisheries
and wildlife specialists in the Michigan Department of Natural Resources.
(12)
The excavator may be required to post an acceptable performance
bond pursuant to § 155-24.05 of this chapter in the amount
up to 100% of the estimated reclamation costs for each five acres
of land to be disturbed or excavated or fraction thereof. Extraction
activities shall not be initiated on any location of the site until
such performance bond or letter of credit has been posted for that
area of the site.
(13)
Trees and other vegetation or ground cover shall not be prematurely
stripped off the surface of the ground so as to unnecessarily expose
areas of ground prone to wind or water erosion such that ground or
dust could be carried by wind or water onto adjoining or surrounding
properties, or onto public or private roads, or create a nuisance.
(14)
The hours of operation shall be set by the Village Council after
consideration of the surrounding land uses and traffic patterns on
public roads in the area. The maximum range of hours is Monday through
Saturday from 7:00 a.m. to 7:00 p.m. with no operations permitted
on legal holidays and Sundays. The zoning administrator may grant
temporary exemption from the limitation on hours of operation for
emergency repair of equipment or for public emergencies.
C.
Additional materials to be submitted for special land use review. In addition to the data requirements of Article XVII, each application shall be accompanied by plans, drawings, and information prepared by appropriate registered professionals depicting, at a minimum:
(1)
Name and address of surface owner and/or mineral rights owner
of land from which extraction activities will take place.
(2)
Name, address and telephone number of operator (person, firm
or corporation who will be conducting the actual extraction).
(3)
Location, size and legal description of the total site area
to be excavated, including a legend showing a North point, scale and
date.
(4)
Location, width and grade of all easements or rights-of-way
on or abutting the area subject to extraction.
(5)
A statement from the applicant identifying all other federal,
state and local permits required, if any.
(6)
Proof of liability insurance from the operator.
(7)
Notification of any deed restrictions on the property.
(8)
Provisions for buffer zone, landscaping and screening.
(9)
A description of the proposed method of extraction, including:
(a)
The area and amount of material to be excavated in cubic yards.
(b)
Proposed side slopes and depths for all portions of the excavated
area.
(c)
Proposed drainage system, settling ponds and retention ponds,
as appropriate.
(d)
The time, duration, phasing and proposed work schedule of the
total project.
(e)
The proposed location of any buildings, storage areas, stockpiling
areas, and sorting or crushing equipment as appropriate.
(f)
Area from which extraction will take place in the first year
of operation and likewise for each successive year to completion.
(10)
The proposed location of access points to the site and proposed
haul routes for disposal of excavated material.
(11)
A detailed reclamation plan, drawn to an acceptable scale, and
program to be performed upon completion of each phase of the project.
At a minimum, the plan of reclamation shall include:
(a)
Physical descriptions of the location of each cell,
number of acres included in each cell, estimated length of time to
complete each cell in extraction.
(b)
Depiction of finished, stabilized, side slopes,
including methods and plant materials proposed for use.
(c)
Landscape plan for the portion of the property
disturbed by extraction and associated activities, including an inventory
of plant/tree species to be used.
(d)
A reuse plan for the site once extraction is complete.
(12)
Site plan and associated background reports shall document the
method of compliance with the performance standards of this section.
D.
Other conditions. The conditions of any special land use permit issued
under this section apply not only to the owner but also to the operator
who is either an owner or lessee of mineral rights or any other person
engaged in or preparing to engage in extraction.
(1)
When an operator disposes of his interest in extraction area
prior to final reclamation by sale, lease, assignment, termination
of lease, or otherwise, the Zoning Administrator may release the operator
from the duties imposed upon him/her by this chapter as to the operations,
but only if the successor, operator or owner assumes the obligations
of the former operator with reference to the reclamation activities.
At that time the special land use zoning permit may be transferred.
(2)
Extraction operations authorized by the special land use permit
shall be inspected with reasonable frequency to determine compliance
with this chapter and permits issued pursuant to this chapter.
(3)
The general site plan may be modified at any time by mutual
consent of the operator and the Village Council to adjust to changed
conditions, technology or to correct an oversight. The Village Council
shall solicit the recommendation of the Planning Commission prior
to approving any modifications.
(4)
When activities on or use of the area subjected to extraction,
or any portion thereof, have ceased for more than one year, the operation
shall be considered abandoned and a new special land use permit shall
be required before additional extraction activities can occur. Cessation
may be determined by any of the following events:
E.
Existing extraction areas. For the purposes of this section, future
operations shall be interpreted to mean any extraction activities
which are not permitted according to the originally issued permit
for the extraction operation, including expansion into areas of the
site not covered by an issued permit validly in place at the effective
date of this chapter, and shall require special approval.
A.
The following site and developmental requirements shall apply:
(1)
Group day-care homes shall not be located closer than 1,500
feet to any of the following facilities as measured along a street,
road, or other public thoroughfare, excluding an alley:
(a)
Another licensed group day-care home.
(b)
Another licensed group day-care home, a licensed adult foster
care small or large group home.
(c)
A facility offering substance abuse treatment and rehabilitation
services to seven or more people which is licensed by the State of
Michigan.
(d)
A community correction center, resident home, halfway house
or other similar facility which houses an inmate population under
the jurisdiction of the Department of Corrections.
B.
Special performance standards.
(1)
All outdoor play areas shall be enclosed with fencing, a minimum
of four feet high.
(2)
The property, including landscape and structural elements, shall
be maintained in a manner that is consistent with the character of
the neighborhood. A group day-care home should not require exterior
modifications to the dwelling nor should the front yard be the location
of play equipment, except on a corner lot.
(3)
One identification sign shall be permitted. Such sign face shall
not be greater the two square feet, shall be mounted flush to a wall,
made of a material that is compatible with the dwelling unit, and
shall not be illuminated. Sign text shall be limited to the name of
the facility and an address.
(4)
At least one off-street parking space shall be provided for
each nonfamily employee of the group day-care home in addition to
the parking normally required for the residence. A driveway may be
used for this purpose. An off-street dropoff area is to be provided
with the capability to accommodate at least two automobiles in addition
to the parking required for nonfamily employees of the dwelling and
the parking normally required for the residence.
(5)
Hours of operation shall not exceed 16 hours in a twenty-four-hour
period.
A.
The following site and developmental requirements shall apply:
(1)
The business shall hire no more than four employees other than
the resident occupants of the dwelling.
(2)
The business shall be conducted in a fully enclosed building.
(3)
Outdoor storage of materials shall be completely fenced to obstruct
view to a height equal to the elevation of the tallest material to
be stored; provided, however, that up to two display units produced
on site may be exhibited outside a fence.
(5)
No external alteration of the dwelling shall be made to accommodate
the home business.
(6)
The home business shall at all times comply with all other applicable
laws and ordinances.
(8)
Total floor area for home business use located both within a
dwelling and accessory buildings when taken together with outdoor
storage area and any outdoor display areas shall not exceed 4,000
square feet.
B.
Prohibited home businesses:
A.
The following site and developmental requirements shall apply:
(1)
A solid fence, wall or earthen berm at least eight feet in height
shall be provided around all sides of the area used to store junk
to screen said site from surrounding property. Such fence or wall
shall be of permanent finish and sound construction.
(2)
No portion of the enclosed area shall be located within 200
feet of residentially zoned properties, schools, day-care facilities,
churches, hospitals, and convalescent or nursing homes.
(3)
Ingress and egress to the facility shall be only from a major
thoroughfare. The Village Council may approve access to a minor thoroughfare
if the Council finds that such access point will minimize impacts
on other properties.
(4)
The minimum lot or parcel size for junkyards shall be 10 acres
and the minimum frontage and lot width shall be 300 feet.
(5)
All enclosed areas shall be set back at least 100 feet from
any lot line. Whenever the installation abuts a residential district,
a buffer strip at least 200 feet in width shall be provided between
the enclosed area and the adjoining district. Such strip shall contain
plants, grass, and structural screens of a type approved by the Planning
Commission.
(6)
Adequate parking and unloading facilities shall be provided
at the site so that no loaded vehicle at any time stands on a public
right-of-way awaiting entrance to the site.
B.
Special performance standards:
(1)
All activities shall be confined within the enclosed area, including
any storage of materials; stockpiling of materials; disassembly of
materials, parts, and vehicles; and the storage or parking of all
operative and inoperative vehicles. There shall be no stocking of
material above the height of the fence, wall, or berm, except that
moveable equipment used on the site may exceed that height. No equipment,
material, signs, or lighting shall be used or stored outside the enclosed
area.
(2)
No open burning shall be permitted and all industrial processes
involving the use of equipment for cutting, compressing, or packaging
shall be conducted within a completely enclosed building.
(3)
All roads, driveways, parking lots, and loading and unloading
areas within any junkyard shall be paved. Access drives in storage
areas shall be watered, or chemically treated so as to limit the nuisance
caused by wind-borne dust on adjoining lots and public roads.
(4)
The operation shall be licensed by the Michigan Secretary of
State to sell used vehicle parts or tow nonoperational vehicles.
(5)
Materials listed on the Michigan Critical Materials Register
(gasoline and solvents) that require secondary containment and a Pollution
incident protection plan shall be filed with the Michigan Department
of Natural Resources.
A.
The following site and developmental requirements shall apply:
(1)
The lot area shall be at least five acres in size and 300 feet
in width.
(2)
Kennels may not be located in a platted subdivision or condominium
subdivision.
(3)
Buildings where animals are kept, runs, and exercise areas shall
not be located nearer than 100 feet to any adjacent lot line in a
residential district or any adjacent building used by the general
public. Runs and/or exercise areas, and buildings where the animals
are maintained, shall be located in the rear yard only.
B.
Special performance standards:
(1)
All kennels shall be operated in conformance with all applicable
county, state and federal regulations.
(2)
All animals must be licensed and maintained in a healthful and
careful manner.
(3)
The main kennel building used to house the animals shall be
insulated in such a manner that animal noises are minimized.
(4)
Habitual barking or unusual noise from the kennel which results
in a nuisance to neighboring landowners or residents is prohibited.
(5)
Exercise yards, when provided for training or exercising, shall
not be used between the hours of 10:00 p.m. and 7:00 a.m.
(6)
During the hours of 7:00 a.m. until 10:00 p.m. animals shall
be permitted in outdoor runs or pens. Animals shall be kept confined
and not allowed to run at large in unfenced areas of the property,
except as part of supervised training.
(7)
Dust and drainage from the kennel shall not create a nuisance
or hazard to adjoining property or uses.
(8)
The outside perimeter of the run and/or exercise area shall
be enclosed by chain-link or cyclone fencing sufficient to prohibit
the escape of animals.
(9)
The premises shall be kept in a clean and sanitary manner to
prevent the accumulation of flies, the spread of disease or offensive
odor.
(10)
Animal odors shall not be detectable beyond the lot lines of
the property in which the kennel is located.
A.
The following site and developmental requirements shall apply:
(1)
The facility shall have direct access to a paved thoroughfare.
(2)
The minimum lot or parcel size for mini storage facilities shall
be two acres and the minimum frontage shall be 200 feet.
(3)
One parking space shall be provided for each 20 rental units
within the buildings, and one parking space shall be provided for
each employee.
(4)
If the space between storage facilities is to be utilized for
parking or driving, it shall be signed for parking and traffic direction
regulation. There shall be a minimum of 35 feet of driveway if the
driveway is one way and 45 feet if the driveway is two-way between
warehouses. Where no parking is provided within the building separation
areas, said building separation need only be 25 feet.
(5)
The lot area used for parking and access shall be provided with
a permanent, durable, dustless surface and shall be graded and drained
so as to dispose of all surface water.
B.
Special performance standards:
(1)
No retail, wholesale, fabrication, manufacturing, or service
activities may be conducted in or from the storage units by the lessees.
(2)
Storage of goods shall be limited to personal property with
no commercial distribution allowed and no operation which requires
the regular delivery or pickup of goods in vehicles with a gross vehicle
weight rating in excess of 10,000 pounds.
(3)
All storage shall be within the enclosed building area. There
shall be no outside storage or stockpiling.
(4)
The exterior of mini storage buildings shall be of finished
quality and properly maintained.
(5)
No storage of hazardous, toxic, or explosive materials shall
be permitted at the facility. Signs shall be posted at the facility
describing such limitations.
A.
The following site and developmental requirements shall apply:
(1)
Ingress and egress shall be only from a paved thoroughfare.
(2)
The minimum lot or parcel area shall be one acre and the minimum
lot width and frontage shall be 200 feet.
(3)
Units shall be rental units and shall not constitute permanent
residential accommodations nor shall such units be converted to other
than rental units unless such units meet the following requirements:
A.
The following site and developmental requirements shall apply:
(1)
The site shall be located on a paved thoroughfare.
(2)
Minimum site area shall be:
(a)
Three acres for; flea markets, batting cages, skateboard parks
and mini golf.
(b)
Ten acres for amphitheater, amusement parks, driving ranges,
and campgrounds. Minimum lot width shall be 600 feet.
(c)
Eighty acres for a nine-hole golf course; 160 acres for an eighteen-hole
golf course.
(d)
Twenty acres for drive-in theaters, air gun and survival games,
fairgrounds, recreational vehicle parks, travel trailer parks, go-cart
racing, automobile and motorcycle tracks, and campgrounds, including
youth camps, religious retreats, and hunting camps. Minimum lot width
shall be 600 feet.
(3)
No building or spectator seating facility shall be located within
100 feet of a lot line.
(4)
Front, side and rear yards shall be at least 80 feet. The first
50 feet of such yards shall be kept free of off-street parking and
shall be landscaped.
(5)
A landscaped buffer zone shall be provided between parking and
principal building areas and any adjacent residential development.
Whenever parking areas are within 60 feet adjacent to land zoned or
used for residential purposes, a five foot or greater wall or obscuring
fence shall be provided along the sides of the parking area adjacent
to such residential land.
(6)
The entire periphery of race tracks and drive-in theaters shall
be enclosed with an obscuring screen fence at least eight feet in
height. Fences shall be of permanent finished construction, painted
or otherwise finished neatly, attractively and inconspicuously.
B.
Special performance standards for all outdoor commercial recreation
facilities:
(1)
The applicant shall obtain and provide evidence of compliance
with all appropriate federal, state, county and local permits as appropriate.
(2)
Facilities shall provide off-street parking and passenger loading
areas.
(3)
An adequate stacking area shall be provided for vehicles waiting
to enter the lot.
(4)
No temporary sanitary facility or commercial dumpster type of
trash receptacle shall be located within 200 feet of an existing dwelling.
(5)
All sanitary facilities shall be designed and constructed in
strict conformance with County Health Department regulations.
(6)
Except in the case of golf courses, operating hours for all
uses shall be determined by the Planning Commission based on the nature
of the use and the nuisance potential to adjoining property owners.
The maximum range of hours is Monday through Sunday from 7:00 a.m.
to 12:00 a.m. (midnight) and may be prohibited on legal holidays.
A.
Site and developmental requirements, as well as site performance
standards, shall be consistent with the requirements of the Michigan
Aeronautics Commission and the Federal Aviation Authority.
A.
The following site and developmental requirements shall apply:
(1)
Ingress and egress to the site shall be only from a paved thoroughfare.
(2)
The minimum lot or parcel size shall be two acres.
(3)
Service areas and facilities, and outdoor recreation facilities,
shall not be located within 100 feet of a residential district or
use.
(4)
Parking areas shall not be located within 50 feet of a residential
district or use.
(5)
Student dropoff and vehicular turnaround facilities shall be
provided on the site so that vehicles will not interfere with traffic.
(6)
No parking shall be allowed within the minimum front yard setback
of 50 feet.
(7)
All principal buildings, including multiple-family dwellings,
shall be no closer than 75 feet from any lot line or right-of-way.
A.
The following site and developmental requirements shall apply:
(1)
Archery and gun ranges shall be designed and constructed in
accordance with the standards of the National Rifle Association (NRA)
and the design shall be certified as meeting such requirements by
an architect or engineer licensed to practice in the State of Michigan.
(2)
An applicant for a special use permit for an archery and gun
range shall submit an application on forms provided by the Village,
which application shall require a description of the proposed archery
and gun range and the qualifications of the applicant to operate the
proposed facility.
A.
The following site and developmental requirements shall apply:
(1)
Each campsite shall be set back from any right-of-way or lot
line at least 70 feet.
(2)
A common use area shall be provided in the parcel at a rate
of 500 square feet per campsite.
(3)
There shall be no permanent storage of tents, campers, travel
trailers or mobile homes units in the development unless specifically
permitted.
(4)
No more than one permanent dwelling shall be allowed in a campground
which shall only be occupied by the owner, manager or an employee.
(5)
Each campsite shall have designated places for fires.
A.
The following site and developmental requirements shall apply:
(1)
Accessory uses may include: clubhouse/pro shop/managerial facilities,
maintenance shed, toilets, lockers, standard restaurant and drinking
establishments, tennis, racket sports, and swimming facilities.
(2)
The clubhouse design is to be of a residential character.
(3)
Major accessory uses such as a standard restaurant and bar shall
be housed in same building as the clubhouse. Minor accessory uses
strictly related to the operation of the golf course itself, such
as maintenance garage and pro shop or golf shop, may be located in
separate structures.
(4)
There may be a maximum of two identification signs. Each sign
may have a maximum area of 30 square feet. Both signs may be lighted.
(5)
Additional parking shall be required for permitted accessory
uses.
(6)
The lot area used for parking and access shall be provided with
a permanent, durable, dustless surface and shall be graded and drained
so as to dispose of all surface water.
(7)
All principal or accessory buildings shall be not less than
200 feet from any lot line; provided that where topographic conditions
are such that buildings would be screened from view, the Village Council
may modify this requirement.
(8)
The total lot area covered with principal and accessory buildings
shall not exceed 15%.
(9)
A golf driving range accessory to the principal use of the golf
course is permitted provided the area devoted to this use shall maintain
a seventy-five-foot front yard and a one-hundred-foot side and rear
yard setback. The areas shall be buffered by natural vegetation and
fencing to minimize the impact upon adjoining properties. Additional
buffering may be imposed by the Village Council.
(10)
A fifty-foot minimum undisturbed buffer zone between turf areas
and natural water bodies, watercourses or wetlands must be maintained
as part of a golf course. The buffer zone must contain natural vegetation
and shall not be chemically treated.
(11)
Water quality protective measures are required as follows:
(a)
Maintenance of erosion control barriers during
construction and until all ground cover is established.
(b)
To the extent practicable, runoff must be directed
to on-site holding/sedimentation ponds with a water quality control
structure installed at the outlet prior to water discharge from the
premises.
(c)
At any time widespread or non-spot application
of herbicide, insecticide, fungicide or rodenticide is to occur, notification
signs must be posted at lot lines. The signs are to state the type
and name of the chemical, date and time of application.
(d)
All chemical applications must be made by an applicator
licensed by the Michigan Department of Agriculture. Chemicals shall
meet the requirements of the Federal Insecticide, Fungicide and Rodenticide
Act (FIFRA), the Environmental Protection Agency (EPA), and all appropriate
state statutes and administrative directives.
A.
Cafes occupying public sidewalks or a public space may be permitted
subject to the following:
(1)
A site drawing showing a detailed plan of the outdoor cafe must
be submitted to and approved by the Village Council.
(2)
Plans for setting up the outdoor cafe must provide for the passage
of pedestrians in a manner designed to ensure traffic and pedestrian
safety.
(3)
The outdoor cafe must be part of a licensed restaurant and meet
all the requirements of the Department of Health.
(4)
Liability insurance and property damage coverage naming the
Village as an insured party, in an amount approved by the Village,
must be provided before an outdoor cafe may be set up on any public
space.
(5)
Approval of the Village Council is required for the use of any
public area or facility.
A.
Apartments above stores may be permitted subject to the following:
(1)
No dwelling unit shall occupy any portion of a commercial or
industrial building at or below ground level. Businesses may occupy
any number of floors.
(2)
Above-store apartment dwellings shall meet applicable codes
and ordinances of the Village, county, or state.
(3)
Floor plans drawn to scale of all floors to be utilized for
dwelling purposes shall be submitted to the Zoning Administrator.
(4)
Approved smoke detectors shall be provided in each dwelling
unit, in common hallways and as required by the Building Code applicable
to the Village.
(5)
Emergency egress lighting shall be provided as required by the
Building Code applicable to the Village.
(6)
A approved fire extinguishers shall be provided in the common
hallway and required by the Building Code applicable to the Village.
(7)
In those instances where residential uses are proposed to occupy
the same floor as a business use, the Village Council shall review
such mixed use and may approve such mixed use based on findings that
compatibility of the business with residential occupancy will occur.
Such findings may include but are not limited to:
A.
Dwelling exterior designs shall be compatible with single-family
dwellings within 300 feet of the two-family dwelling.
[Amended 6-28-2011 by Ord. No. 2011-003]
A.
All lighting shall be shielded from adjacent residential districts.
B.
Ingress and egress to the outdoor sales area shall be at least 20
feet from the intersection of any two streets.
C.
A four-foot wall or solid fence shall be provided when abutting or
adjacent districts are zoned or used for residential use. The height
of the fence or wall shall be measured from the surface of the ground
of the abutting residential district.
D.
No major repair or major refinishing shall be done on the property,
unless this use has met the standards and been granted its own special
land use as set forth in § 155-17.06, Major automobile service
and repair stations.
E.
A suitable building for said use shall be located on the site.
F.
A minimum lot width of 100 feet fronting on a street and containing
a minimum of at least 10,000 square feet of area shall be provided.
G.
The provisions of State of Michigan Public Act 300 of 1949 as amended,
MCLA § 257.1 et seq., regulating new and used vehicles shall
be complied with.
A.
Child-care or day-care centers may be permitted as the principal
use of the property or may be permitted as an accessory use to an
approved use, such as a church, school, office or other place of employment
upon review and approval as a special use.
B.
A valid registration or license as required by the state shall continually
be on file with the Village.
C.
The facility shall comply with all applicable building codes.
D.
One parking space per caregiver and/or employee plus off-street dropoff
for delivery and pickup of children shall be provided.
F.
The building shall have an appearance which is nonintrusive and consistent
in color materials, roofline and architecture with the district in
which it is located, as determined by the Village Council.
A.
Site development requirements. The following minimum and maximum
standards shall apply to all uses and structures in the Mobile Home
Park District.
(1)
Minimum lot area: 10 acres.
(2)
Minimum lot frontage and lot width: 330 feet.
(3)
Maximum height: two stories, but not to exceed 25 feet.
(4)
Mobile home park open space requirements. All mobile home parks
having 50 or more mobile home sites shall include dedicated open space.
The total amount of land dedicated for open space shall not be less
than 2% of the park's gross acreage, or 25,000 square feet of
open space, whichever is greater.
(5)
Mobile home site area. All mobile home parks shall be developed
with sites comprised of 5,500 square feet per mobile home unit, subject
to the following:
(a)
The area requirement for any one site may be reduced by no more
than 20% in a one-for-one exchange for area dedicated as open space
above and beyond the minimum required 2% open space area required.
(b)
In no case shall the open space and distance requirements be
less than that required under Rules 941, 944, and 946 of the Mobile
Home Commission General Rules.
(6)
Mobile home construction. All mobile homes constructed after
June of 1976 and placed on sites within mobile home parks shall conform
with all United States Department of Housing and Urban Development
(HUD) mobile home certification requirements. All mobile homes constructed
prior to June of 1976 and placed on sites within mobile home parks
shall conform to all American National Standards Institute mobile
home certification requirements.
(7)
Mobile home park; nonresidential uses. No portion of any mobile
home park shall be used for nonresidential purposes, except such uses
that are required for the direct servicing and well-being of park
residents and for the management and maintenance of the mobile home
park.
(8)
Home occupations. Home occupations involving any accessory structure
shall be prohibited in mobile home parks.
(9)
Skirting. Skirting shall be installed around the entire periphery
of a mobile home.
B.
Special performance standards.
(1)
Other site development requirements. All mobile home parks shall
be constructed and maintained in accordance with PA 96 of 1987 as
amended, the Mobile Home Commission Act, MCLA § 125.2301, and
the rules and regulations promulgated by the Mobile Home Commission
pursuant to the authority vested in the Mobile Home Commission by
such Act. The construction of a mobile home park shall not be initiated,
nor shall a mobile home park be inhabited or operated until all necessary
permits have been acquired from the Michigan Department of Public
Health, Michigan Department of Commerce, and all other agencies pursuant
to the Mobile Home Commission Act.
A.
The mobile home shall be associated with a farm enterprise operating
on 20 acres or more.
B.
The mobile home shall be used as a primary or secondary residence.
C.
The mobile home shall be located no closer to a roadway than the
primary residence or the minimum yard setback of the district.
D.
Not more than one mobile home shall be located on the farm enterprise
property.
B.
Parking is permitted in required front and side yards provided a
twenty-foot landscaped, unobstructed greenbelt is provided abutting
all streets.
C.
In those instances where the commercial center abuts residential
property, either of the following shall be provided to effectively
screen the development from the residential area:
A.
Home occupations not specifically permitted, or prohibited, may be
permitted in all residential districts as a special land use subject
to the following procedures and conditions and subject further to
all conditions specified in § 155-4.02I:
(1)
The exterior appearance of the structure shall not be altered
or the occupations within the residence conducted in a manner which
would cause the premises to differ from its residential character.
(2)
No person other than members of the immediate family occupying
the dwelling shall be employed.
(3)
The occupations shall occupy no more than 25% of the floor area
of the dwelling, or 50% of a detached garage;
(4)
There shall be no outside storage of any kind related to any
home occupation.
(5)
The use may not increase vehicular traffic flow and off-street parking as set forth in the off-street parking regulations in Article XX.
(6)
Mechanical or electric equipment employed by the home occupation
shall be comparable to the machinery or equipment customarily found
in the home associated with a hobby or avocation.
(7)
Only one nameplate shall be allowed, in accordance with the
sign regulations at 144 square inches. The sign may display the name
of the home occupations, for example, John Doe, Realtor, and must
be attached to the principal building.
(8)
No use shall create noise, dust, vibration, smell, smoke, glare,
electrical interference, fire hazard or nuisance to any greater or
more frequent extent than that usually experienced in an average residential
occupancy in the district in question under normal circumstances wherein
no home occupation exists.
A.
Satellite dish antennas over 39 inches in diameter in all residential
districts.
(1)
Roof-mounted antennas shall be located only on the rear 1/2
of the roof (that portion of the roof furthest from the street upon
which the residential building abuts) so that it will be screened
from the street side.
(2)
Roof-mounted antennas shall not project upward beyond the height
in feet allowed for the main building within the district in which
said satellite antennas dish is being placed.
(3)
Ground-mounted antennas shall only be located in the rear yard
and shall not extend into any rear extension of required side yards.
(4)
Ground-mounted antennas shall not project upward more than 12
feet.
B.
Satellite dish antennas over 39 inches in diameter in nonresidential
districts.
(1)
No ground-mounted antennas shall be permitted.
(2)
Roof-mounted antennas shall not project upward beyond 12 feet
measured from the roof upon which it is mounted. The combined height
of the building and antennas shall not exceed the maximum allowable
height for a building designated for that particular district in which
said antenna is to be mounted.
The limit upon the number of persons who may reside as the functional
equivalent of the domestic family may be increased or enlarged upon
demonstration by the applicant of all the following:
A.
There are adequate provisions on the subject property for off-street
parking for each adult proposed to reside on the premises, and adequate
storage for each person proposed to reside on premises;
B.
The extent of increase or enlargement of the limit upon the number
of persons shall not, when considered cumulatively with existing and
reasonably projected population concentration in the area, place an
unreasonable burden upon public services, facilities and/or schools.
C.
There shall be a minimum of 150 square feet of usable floor space
per person on the premises;
D.
If the Village Council grants an approval under this provision, the
determination shall include the specific maximum number of persons
authorized to reside on the property, and minimum parking or storage
requirements to be maintained.
This section is intended to authorize the grant of relief from
the strict terms of the ordinance in order to provide equal housing
opportunities particularly suited to the needs of persons entitled
to reasonable accommodation under law and to encourage innovation
in land use and variety in design and layout. In the event state and
federal law, e.g., the Federal Fair Housing Amendment Act of 1988,
requires the Village to make "reasonable accommodation" for a particular
proposed uses of property, the following shall apply:
A.
As a condition to approval of a reasonable accommodation use, the
applicant shall comply with all the terms of this section, and shall
demonstrate all of the following:
(1)
The ultimate residential users of the property shall be persons
for whom the state or federal law mandates the Village shall make
reasonable accommodations in connection with proposed uses of land:
(2)
In consideration of the needs, facts, financial and other conditions
within the Village, and within the population to be served by the
proposed use, the proposed reasonable accommodation shall be necessary
to afford such persons equal opportunity and enjoyment within the
Village:
(3)
Approval of the proposed housing shall not require or likely
result in a fundamental alteration in the nature of the land use district
and neighborhood in which the property is situated, considering cumulative
impact of one or more other uses and activities in, or likely to be
in the area, and shall not impose undue financial and administrative
burden. The interests of the Village shall be balanced against the
need for accommodation on a case-by-case basis.
(4)
No other specific provision exists and is available to provide
the relief sought.
B.
The application for a reasonable accommodation use shall include
the following:
(1)
A plan drawn to scale showing the proposed use and development.
(2)
A separate document providing a summary of the basis on which
the applicant asserts entitlement to approval of a reasonable accommodation
use, covering each of the requirements of Subsection A(1) through
(4) above.
(3)
The information required for site plan review, provided, upon
showing by the applicant that the inclusion of specified information
generally required for site plan review would be irrelevant, the Village
may waive the requirement to include such material in the application.
(4)
All regulations and standards for buildings, structures and
site improvements within the district in which the property is situated
shall apply.
A.
The proposed site shall have at least one property line abutting
a major thoroughfare.
B.
The minimum distance of any main or accessory building from boundary
lot lines or streets shall be at least 50 feet for front, rear and
side yards for all two story structures. For every story above two
the minimum yard distance shall be increased by at least 10 feet.
C.
Ambulance and delivery areas shall be obscured from all residential
view with an obscuring wall or fence five feet in height. Ingress
and egress to the site shall be directly from a major thoroughfare.
D.
All ingress and egress to the off-street parking area, for guests,
employees, staff, as well as any other uses of the facilities, shall
be from a major thoroughfare.
[1]
Editor's Note: See § 155-21.08.
A.
The site shall be a minimum of 14,000 square feet in area and have
a minimum frontage on two streets. The street designated as the major
access side of the site shall have not less than 90 feet of street
frontage.
B.
Ingress and egress to the facility shall be only from a paved major
thoroughfare or from a shared access drive to such roadway.
C.
No more than two driveways onto a roadway shall be permitted per
site. Curb openings for driveways shall not exceed 50 feet and driveway
widths shall not exceed 35 feet. Driveways shall be separated by a
minimum of 20 feet.
D.
Curb openings shall be no closer than 10 feet to any adjoining lot
line and shall be no closer than 20 feet to an intersection, as measured
from the right-of-way.
E.
No lot line of the site shall be less than 200 feet from any lot
line of any place of public assembly, including, but not limited to,
hospitals, sanitariums, schools, churches or other institutions.
F.
All buildings shall be set back not less than 40 feet from all street
right-of-way lines.
G.
For facilities with underground storage tanks, the site shall be
not less than 300 feet from any residential well, 800 feet from a
non-community public water well and 2,000 feet from any public water
well or as otherwise required by state or federal law.
H.
All gasoline pumps shall be located not less than 15 feet from any
lot line or within 30 feet from the street right-of-way and shall
be arranged so that the motor vehicles using them will not be parked
on or overhanging any public sidewalk or street right-of-way.
I.
The entire area used for vehicle service shall be hard-surfaced and
adequately drained.
[Added 10-27-2009 by Ord.
No. 2009-002]
A utility grid wind energy system, on-site use wind energy system
over 20 meters high, and anemometer towers over 20 meters high shall
be a special land use and shall meet the following standards in addition
to the general special land use standards (§ 155-17.02):
A.
Property setback:
(1)
Anemometer tower setback shall be the greater distance of the
following:
(2)
The utility grid and on-site use wind energy system setback
shall be a greater distance than the following:
(a)
The setback from property lines of the respective zoning district;
(b)
The setback from the road right-of-way; and
(c)
A distance equal to 1 1/2 times the height of the tower,
including the top of the blade in its vertical position from property
lines or from the lease unit boundary, whichever is less.
(3)
An operations and maintenance office building, a substation,
or ancillary equipment shall comply with any property setback requirement
of the respective zoning district. Overhead transmission lines and
power poles shall comply with the setback and placement requirements
applicable to public utilities.
B.
Sound pressure level. The sound pressure level shall not exceed 55
dB(A) measured at the property lines or the lease unit boundary, whichever
is farther from the source of the noise. This sound pressure level
shall not be exceeded for more than three total minutes in any hour
of the day. However, if the ambient sound pressure level exceeds 55
dB(A), the sound pressure level that shall not be exceeded shall be
ambient dB(A) plus 5 dB(A).
C.
Safety. Shall be designed to prevent unauthorized access to electrical
and mechanical components and shall have access doors that are kept
securely locked at all times when service personnel are not present.
All spent lubricants and cooling fluids shall be properly and safely
removed in a timely manner from the site of the wind energy system.
A sign shall be posted near the tower or Operations and Maintenance
Office building that will contain emergency contact information. Signage
placed at the road access shall be used to warn visitors about the
potential danger of falling ice. The minimum vertical blade tip clearance
from grade shall be 20 feet for a wind energy system employing a horizontal
axis rotor.
D.
Post-construction permits. Construction codes, towers, and interconnection
standards shall comply with all applicable state construction and
electrical codes and local building permit requirements.
E.
Preapplication permits.
(1)
Utility infrastructure shall comply with Federal Aviation Administration
(FAA) requirements, the Michigan Airport Zoning Act (Public Act 23
of 1950 as amended, MCLA § 259.431 et seq.), the Michigan
Tall Structures Act (Public Act 259 of 1959, as amended, MCLA § 259.481
et seq.), and local jurisdiction airport overlay zone regulations.
The minimum FAA lighting standards shall not be exceeded. All tower
lighting required by the FAA shall be shielded to the extent possible
to reduce glare and visibility from the ground. The tower shaft shall
not be illuminated unless required by the FAA. Utility grid wind energy
systems shall comply with applicable utility, Michigan Public Service
Commission, and Federal Energy Regulatory Commission interconnection
standards.
(2)
Environment:
(a)
The site plan and other documents and drawings shall show mitigation
measures to minimize potential impacts on the natural environment,
including, but not limited to, wetlands and other fragile ecosystems,
historical and cultural sites, and antiquities, as identified in the
environmental analysis.
(b)
Comply with applicable parts of the Michigan Natural Resources
and Environmental Protection Act (Act 451 of 1994, MCLA § 324.101
et seq.), including, but not limited to:
[1]
Part 31 Water Resources Protection (MCLA § 324.3101
et seq.);
[2]
Part 91 Soil Erosion and Sedimentation Control
(MCLA § 324.9101 et seq.);
[3]
Part 301 Inland Lakes and Streams (MCLA § 324.3101
et seq.);
[4]
Part 303 Wetland Protection (MCLA § 324.30301
et seq.);
[5]
Part 323 Shorelands Protection and Management (MCLA
§ 324.32301 et seq.);
[6]
Part 325 Great Lakes Submerged Lands (MCLA § 324.32501
et seq.); and
[7]
Part 353 Sand Dune Protection and Management (MCLA
§ 324.35301 et seq.) as shown by having obtained each respective
permit with requirements and limitations of those permits reflected
on the site plan.
F.
Performance security. Performance security, pursuant to Article XXXI, § 155-31.06, Performance bonds, of this chapter, shall be provided for the applicant making repairs to public roads damaged by the construction of the wind energy system.
G.
Utilities. Power lines should be placed underground, when feasible,
to prevent avian collisions and electrocutions. All aboveground lines,
transformers, or conductors should comply with the Avian Power Line
Interaction Committee (APLIC, http://www.aplic.org/) published standards
to prevent avian mortality.
H.
The following standards apply only to utility grid wind energy systems:
(1)
Visual impact. Utility grid wind energy system projects shall
use tubular towers and all utility grid wind energy systems in a project
shall be finished in a single, nonreflective matte finished color.
A project shall be constructed using wind energy systems of similar
design, size, operation, and appearance throughout the project. No
lettering, company insignia, advertising, or graphics shall be on
any part of the tower, hub, or blades. Nacelles may have lettering
that exhibits the manufacturer's and/or owner's identification.
The applicant shall avoid state or federal scenic areas and significant
visual resources listed in the local unit of government's plan.
(2)
Avian and wildlife impact. Site plan and other documents and
drawings shall show mitigation measures to minimize potential impacts
on avian and wildlife, as identified in the avian and wildlife impact
analysis.
(3)
Shadow flicker. Site plan and other documents and drawings shall
show mitigation measures to minimize potential impacts from shadow
flicker, as identified in the shadow flicker impact analysis.
(4)
Decommissioning. A Planning Commission approved decommissioning
plan indicating the anticipated life of the project, the estimated
decommissioning costs net of salvage value in current dollars, the
method of ensuring that funds will be available for decommissioning
and restoration, and the anticipated manner in which the project will
be decommissioned and the site restored.
(5)
Complaint resolution. A Planning Commission approved process
to resolve complaints from nearby residents concerning the construction
or operation of the project.
(6)
Electromagnetic interference. No utility grid wind energy system
shall be installed in any location where its proximity to existing
fixed broadcast, retransmission, or reception antennas for radio,
television, or wireless phone or other personal communication systems
would produce electromagnetic interference with signal transmission
or reception unless the applicant provides a replacement signal to
the affected party that will restore reception to at least the level
present before operation of the wind energy system. No utility grid
wind energy system shall be installed in any location within the line
of sight of an existing microwave communications link where operation
of the wind energy system is likely to produce electromagnetic interference
in the link's operation unless the interference is insignificant.
[Added 2-22-2011 by Ord.
No. 2011-002]
A.
Ground-level apartments may be permitted subject to the following:
(1)
ground-level apartments shall only be permitted in properties
that are on the perimeter of the CBD Central Business District zone
that have a rear or side property yard abutting a residential zoning
district.
(2)
Residential unit density shall be no greater than that permitted
in the abutting residential zoning district.
(3)
Accessory structures shall comply with all zoning requirements.
Setbacks for accessory structures related to the approved ground-level
apartment use shall comply with setbacks required for the abutting
residential zoning district.
(4)
Ground-level apartment dwellings shall comply with applicable
codes and ordinances of the Village, county, and/or state.
(5)
Floor plans drawn to scale for all floors to be utilized for
dwelling purposes shall be submitted to the Zoning Administrator.
(6)
Approved smoke detectors shall be provided in each dwelling
unit, in common hallways and as otherwise required by the Building
Code applicable to the Village.
(7)
Emergency egress lighting shall be provided as required by the
Building Code applicable to the Village.
(8)
An approved fire extinguisher shall be provided in the common
hallway and required by the Building Code applicable to the Village.
(9)
In those instances where residential uses are proposed to occupy
the same floor as a business use, the Planning Commission shall review
such mixed use and may approve such mixed use based on findings that
compatibility of the business with residential occupancy will occur.
Such findings may include, but are not limited to:
