No land or structure shall hereafter be used, occupied, located, erected, altered or moved upon any premises other than in conformity with provisions of this chapter.

(Ord. of 5-28-2002, § 3.00.00)

No new lot boundaries of an already existing site may be established less than 15 feet from a building on such a building site.

(Ord. of 5-28-2002, § 3.03.00)

Trash, debris, garbage, junk, vehicles, equipment, etc., shall not be buried on premises other than those appropriately licensed and approved. Biodegradable material generated on an owner's agriculturally zoned premises may be disposed of thereon if such disposal complies with DNR, EPA, Department of Agriculture and County Health Department Regulations.

(Ord. of 5-28-2002, § 3.04.00)

Unsightly ventures, either for profit or non-profit, including landfills, junkyards, dumps and unsightly industrial uses, shall be concealed from, the public view by either a thickly planted green strip 15 feet in width and not less than eight feet in height or a solid fence eight feet in height or a combination of both, if a fence is utilized, it shall be well maintained and properly painted with one color.

(Ord. of 5-28-2002, § 3.05.00)

Whenever any provisions of this chapter impose more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance then the provisions of this chapter shall govern. Whenever the provisions of any other law or ordinance impose, more stringent requirements than are required by this chapter, then the provisions of such law or ordinance shall govern. Procedural and jurisdictional requirements of the Village Zoning Act shall always control and govern.

(Ord. of 5-28-2002, § 3.06.00)

Every property owner in the village shall provide adequate means for the conveyance and drainage of surface water along the street or road in front of his/her property. No land or structures may be altered or erected in such a fashion as to increase the deposit of surface water on neighboring properties.

(Ord. of 5-28-2002, § 3.08.00)

Developments of drive-in nature, such as drive-in banks, restaurants, service stations, and theaters shall be so located that entrance and exit drives shall be a minimum of 100 feet from any intersection unless a variance is approved by the board of appeals. Paved off-street waiting space shall be provided, so that no vehicles will be waiting on the public thoroughfare to gain entry to the premises.

(Ord. of 5-28-2002, § 3.09.00)

See Ag-Res District.

(Ord. of 5-28-2002, § 3.11.00)

Property owners conducting garage sales on the premises shall obtain from the village clerk, and conspicuously post, a maximum of three garage sale permits per year. Three or fewer consecutive days of sales on a single premises shall be considered one garage sale.

(Ord. of 5-28-2002, § 3.12.00)

(1)

Examples. Home occupations generally include crafts and services such as dressmaker, music teacher, dance instructor, professional artist, physician, surgeon, chiropractor, osteopath, dentist, architect, engineer, lawyer and other professional occupations and services.

(2)

Employees. Only the resident occupants shall be employed as primary providers of the services offered on the premises. Nonresident support employees and parking therefore may be authorized by the planning commission as SLU.

(3)

Portion of dwelling used. The use shall occupy no more than one-quarter of the total floor area of the dwelling and shall be situated entirely within the dwelling on the premises. In no event shall the occupation reduce the actual living space below that established as the current minimum requirement in the district involved.

(4)

Parking. Sufficient off-street parking shall be provided, which, in no event, shall be less than the parking prescribed in section 54-54 (ie. two spaces for each dwelling unit plus two additional spaces).

(5)

Signs. Not more than one name plate, not exceeding eight square feet in area and containing only the name of the person and the service provided, may be exhibited. In no event shall such signs be illuminated.

(6)

Displays. No merchandise shall be sold or displayed on the premises other than those items crafted thereon.

(7)

Appearance. The appearance of the premises shall be aesthetically compatible with the neighborhood, conforming as closely as possible to a residential use (e.g. lawns, shrubbery, trees, backyards, etc.).

(Ord. of 5-28-2002, § 3.14.00)

No land or premises shall be used for the erection, maintenance, alteration, enlarging or extending of a junkyard as herein defined, except by obtaining a special land use permit from the village planning commission in accordance with the provisions of sections 54-56 (performance standards) and 54-182 (special land uses).

(Ord. of 5-28-2002, § 3.15.00)

Unless specifically permitted in a district, not more than one dwelling shall be allowed on a parcel of land.

(Ord. of 5-28-2002, § 3.17.00)

On the same premises with every building which is altered or constructed after the adoption of this chapter and which is devoted to retail trade, retail, and wholesale food markets, warehouses, supply houses, wholesale or manufacturing trade, hotels, hospitals, laundry, dry cleaning establishments or other buildings where goods are received or skipped, loading and unloading space shall be provided as follows:

(1)

Such businesses shall provide not less than 500 square feet (ten feet x 50 feet) x 16 feet in height of off-street loading space for the first 750 square feet of building floor area, plus one additional off-street loading and unloading space for each additional 1,000 square feet (or portion thereof) of floor area.

(Ord. of 5-28-2002, § 3.18.00)

Mobile homes shall not be erected, placed, moved or otherwise located in any district other than mobile home subdivision or park (MHS).

(Ord. of 5-28-2002, § 3.19.00)

See article VIII, section 54-181.

(Ord. of 5-28-2002, § 3.20.00)

(1)

Definition. Any violation of this chapter is hereby designated as a nuisance per se. Any condition or use of premises or of building exteriors which is unsightly or detrimental to the property of others, which causes or tends to cause diminution in the value of other property in the neighborhood, or which repeatedly offends or annoys members of the neighborhood shall also be considered as a nuisance in fact. This includes, but is not limited to:

(2)

Examples.

(a)

Exposed storage or keeping or depositing on the premises any of the following:

1.

Lumber, junk, trash or debris.

2.

Highway vehicles (e.g. trucks, trailers, semitractors, automobiles and semi-trailers) unlicensed and unused, junked, dismantled or otherwise not in good and safe operating condition.

3.

Vehicles, implements, machinery and other property which is no longer safely usable for the purpose for which it was manufactured.

4.

Abandoned, discarded or unused objects or equipment such as furniture, stoves, refrigerators, freezers, cans, containers or other boxes with or without outside latches.

5.

Any house that has been marked as condemned.

(b)

All uncovered basements, abandoned wells, shafts or similar excavations.

(c)

Accumulation of ashes, rubbish, litter, boxes, lumber, shavings, or straw so as to create, increase or enhance danger of fire or accumulate in such a manner as to kinder or obstruct fire control operations.

(d)

Creation or maintenance of any noxious odors, gases noises or smoke which exceeds the performance standards listed in this chapter.

(e)

Causing changes (quantity, direction, quality) to the natural flow of surface water, increasing the depositing of surface water on adjacent premises, concentrating run-off from roofs, damming run-off, routinely pumping sub-surface water into surface run-off (e.g. open well heat sinks).

(f)

Failure to maintain structures in compliance with all applicable structural, plumbing, beating, electrical, mechanical and health codes.

(3)

Abatement of nuisance by owners, exception. The owners, tenants or occupants of any property upon which a nuisance is alleged, and also the owners, lessees, or users of any property declared to be a nuisance, shall jointly or severally abate said nuisance by the prompt removal of said offensive property or cessation of offensive activity. Licensed junk yards shall be exempt from this section.

(4)

Abatement by village. Whenever said owners, tenants, etc., fail to terminate such nuisance, the village council may schedule, post and hold a hearing to have the offenders show cause why the village should not abate same, the expense therefor to be billed to said owners, tenants, etc., jointly and severally. The expenses of abatement may be imposed against the property tax roll as a single lot special assessment.

(5)

Costs of abatement. When property has been removed and placed in storage by the village, said property shall be sold after the lapse of such time as is provided by law. If the proceeds of such sale are insufficient to pay the costs of abatement said owners shall be liable to the village for the balance of the costs, jointly and severally. If the proceeds are in excess of costs, the balance shall be paid to the owners, or deposited to the village treasury for the owners' use.

(Ord. of 5-28-2002, § 3.22.00)

(1)

The owner of a parcel of land may park or store one recreational unit upon residential premises if such RV is titled to the landowner.

(2)

A recreational unit that is parked or stored by the owner thereof on a parcel of land or premises owned or occupied by the same owner, shall not be occupied as a dwelling while so parked or stored for more than 30 days in a 120-day period.

(3)

A recreational unit that is not owned by the owner of the parcel of land shall not be parked, stored or occupied upon said parcel of land or premises for more than 30 days in any 120-day period.

(Ord. of 5-28-2002, § 3.23.00)

(1)

For each dwelling, business, commercial, industrial or similar building hereafter erected or altered, and located adjacent to a public highway in the village and including buildings or structures used principally as a place of public assembly, there shall be provided and maintained suitable space off the public right-of-way that is in general adequate for the parking, loading and unloading of vehicles in proportions no less than shown on the following table.

(2)

Such space shall be provided with safe exit to and entrance from the public thoroughfare.

(3)

Such exit and entrance may be combined or provided separately.

(4)

Approval of the location of such exit and entrance shall be obtained in writing from the county road commission and/or the village department of public works, which approval shall including the design and construction thereof in the interest of safety, adequate drainage and other public requirements.

(5)

A minimum of 180 square feet, exclusive of drives, entrances and exits shall comprise one automobile space.

(6)

Commercial, agricultural-residential and industrial uses shall provide adequate space in the off-street parking area for turning a vehicle so that when a vehicle re-enters a public highway it shall be driven in a forward manner and not backed into said highway.

(Ord. of 5-28-2002, § 3.24.00)

When in its opinion the best interests of the community will be serve thereby, the village board of appeals may permit temporarily or permanently the use of land in a residential district for a parking lot where the land abuts or is across the street from a district other than a residential district,

Provided that:

(1)

The lot is to be used only for parking, of passenger automobiles of employees, customers, or guests of the person or firm controlling and operating the lot, who shall be responsible for its maintenance.

(2)

No charge is to be made for parking in the lot.

(3)

The lot is not to be vised for sales, repair, work, or servicing of any kind.

(4)

Entrance to and exit from the lot are to be located so as to do the least harm to the residence district.

(5)

No advertising sign or material is to be located on the lot.

(6)

All parking is to be kept back of the setback building line by barrier unless otherwise specifically authorized by the board of appeals.

(7)

The parking lot and that portion of the driveway back of the building line is to be adequately screened from the street and from adjoining property in a residence district by a hedge, fence or wall not less than four feet high and not more than eight feet high located back of the setback building line; all lightning is to be arranged, so that there will be no glare therefrom annoying to the occupants of adjoining property in a residence district, and the surface of the parking lot is to be smoothly graded, hard surfaced and adequately drained.

(8)

Such other conditions as may be deemed necessary by the village planning commission to protect the character of the residential district.

(Ord. of 5-28-2002, § 3.25.00)

(1)

Requirement. All applications, for zoning compliance permits and building permits for structures and uses located in industrial and mobile home subdivision districts and certain special land use applications shall be accompanied by an environmental impact statement describing the project and actions that will be taken to avoid adverse environmental effects.

(a)

The statement shall be prepared by personnel with applicable environmental expertise.

(b)

The zoning administrator or the village planning commission may also require environmental impact statements for:

1.

Special land use and/or commercial district applications when deemed necessary because of size, type, location, etc.

(2)

Contents of environmental impact statements. Environmental impact statements will, at a minimum, evaluate the structure(s) and/or use by the following performance standards:

(a)

[Smoke emission density.] Smoke emission density shall not be greater than No. 1 of the Ringlemann chart except that for an aggregate of not more than four minutes in any 30-minute period in emission equal to but not darker than No. 2 of the Ringlemann chart will be tolerated.

(b)

Dust, dirt and flyash. The quantity of gas-borne or airborne solids emitted into the open air shall not exceed 20 grains per cubic foot of the carrying medium. At a temperature of 500 degrees Fahrenheit, foregoing conditions shall prevail when the percentage of excess air in the stack does not exceed 50 percent at full load. All other forms of dust, dirt and flyash shall be completely eliminated in such a way as to prevent their emission into the open air.

(c)

Odor. No pungent or otherwise obnoxious odors shall be emitted from the premises.

(d)

Gases. Emission of gases shall not exceed the following designated limits:

1.

Sulpher dioxide (SO ₂ ) an average of 0.3 ppm. over a 24-hour period, provided, however, that maximum concentration of 0.5 ppm. will be allowed one hour out of every 24-hour period;

2.

Hydrogen sulfide (H ₂ S) shall riot exceed 1.0 ppm.;

3.

Fluorine shall not exceed 0.1 ppm.;

4.

Nitrous fumes (NO ₂ , etc.) shall not exceed 0.1 ppm.;

5.

Carbon Monoxide (CO) shall not exceed 0.15 ppm.

(e)

Lighting. Exterior and/or interior lighting shall be so installed that the surface of the source of light shall not be visible from any bedroom window, and shall be so arranged to reflect light away from any residential use. In no case shall more than one foot candle power of light cross a property line five feet above the ground in a residential district.

(f)

Noise. Emitted noise shall be so muffled or otherwise controlled, as not to become objectionable, due to intermittence, beat frequency, impulsive character (hammering, etc.), periodic character (humming, screeching, etc.) or shrillness. Sirens, bells, whistles, etc., which are maintained and utilized solely to serve a public purpose (such as fire, ambulance, police, civil warning alarms) shall be excluded from this regulation.

The intensity level of sounds shall not exceed the following decibel levels on land adjacent to the described uses:

(g)

Vibration. No operation shall cause a seismographic displacement exceeding 0.001 of one inch measured at the property line.

(h)

Drainage and erosion. Plans for management of surface water shall be reviewed, evaluated and approved by the zoning administrator and the county soil erosion inspector. No use or alteration of land may result in the increase or diversion of surface water to adjacent property.

(i)

Traffic. Traffic access and control patterns and devices shall be reviewed, evaluated and approved by the state or county road engineer and the village DPW.

(j)

Water use. Water supply and consumption and wastewater pollution shall be evaluated.

(3)

It is the intent of the foregoing standards to prevent injury, detriment, or nuisance to the public, persons, or property.

(4)

Engineering evaluation of the proposed development in commercial and industrial districts in relation to all site development standards, prepared at the owner's expense, may be required by the village planning commission.

(5)

Adequate greenbelts and/or screening barriers shall be established and maintained between unlike district boundaries, between roadways and site and between developed industrial sites. The village planning commission may, at its discretion, require such buffers between commercial sites.

(Ord. of 5-28-2002, § 3.26.00)

The erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, communication, steam or water transmission or distribution systems including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions for the public health, safety or general welfare, shall be permitted in every zoning district as authorized and regulated by other laws and ordinances, it being the intention hereof to exempt such structures, systems and facilities from the application of this chapter, provided, that such exemption shall not include buildings other than such buildings as are primarily enclosures or shelters of the above essential service equipment.

(Ord. of 5-28-2002, § 3.27.00)

(1)

Intent. The intent of this section is to provide minimum standards for adequate access to all structures for emergency and rescue vehicles, and to ensure private road quality on a continuing basis.

(2)

General requirements.

(a)

This section shall apply to all parcels of property which individual or shared access to and/or from a public road by a driveway (servicing a single parcel) or a private road (servicing more than one parcel of property).

(b)

No private road or driveway shall be constructed within the village unless it is in compliance with the requirements of this section.

(c)

No certificate of occupancy for any structure shall be issued within the village unless the parcel or lot fronts on:

1.

A public road.

2.

A recorded private road, improved to the standards of this chapter and in full compliance with the provisions recited herein.

(d)

Each lot or parcel shall have private or public road frontage equal to the minimum lot width required by the applicable provisions of the zoning ordinance or shall be served by an approved driveway.

(e)

Private roads shall not be dedicated to the village, nor shall they be maintained by the village except pursuant to a duly established special assessment district.

(f)

Prior to construction of any private road or driveway, serving industrial, commercial and agricultural facilities, plans for it shall be reviewed and approved by the planning commission.

(g)

All private roads shall provide a public utility easement allowing for the installation of electric, telephone, TV cable, lighting, gas, water and sewer mains and any other such services.

(3)

Definitions.

(a)

Private driveway: A privately owned and maintained property, which is used for vehicular ingress and egress serving only one parcel or use.

(b)

Private road: A privately owned and maintained road constructed on a privately owned easement serving two or more parcels of land or residential building sites.

(c)

Proprietors: Those constructing or desiring to construct a private road and all those property owners whose property is being or is intended to be served by a private road.

(4)

Requirements for driveways and approvals.

(a)

A driveway meeting the minimum design standards in this section of this chapter shall be required under the following conditions:

1.

If the rear of the principal use or ancillary use requiring a building permit is more than 75 feet from the right-of-way of a public or private road.

2.

If the parcel or parcels of land, which otherwise meet all village zoning requirements, have no frontage on a public or private road.

(b)

An application for a driveway serving property, which does not front on a road shall be filed with the village planning commission. The application shall include a drawing, which shows the location, dimensions, and setbacks of all buildings and driveways, proposed or existing, on the subject property and within 300 feet of the subject property. The drawing shall also indicate the location and dimensions of any easement on which the driveway is proposed to be located.

(c)

The planning commission may require the modification of the drawing as a condition of approval, so as to minimize any adverse effects on the surrounding properties and residential building sites.

(d)

Any driveway easement approved under this section shall connect directly on to a private road improved to the standards of this section or else on to a public road.

(e)

All driveways shall be located on a legally valid and recorded easement or other permanent interest in lands at least 66 feet in width.

(f)

If a pre-existing driveway serves more than one dwelling, a maintenance agreement meeting the requirements of subsection (7)(a)1, shall be required.

(5)

Minimum design standards for driveways.

(a)

All trees and brush shall be cleared for a minimum width of 14 feet for the full length of all driveways.

(b)

All topsoil, stumps, and unstable soil shall be removed and back-filled with appropriate sand. The driveway shall be surfaced and maintained with gravel, crushed limestone, finely crushed concrete or similar material for a minimum width of 12 feet and minimum depth of four inches for the full length of the driveway.

(c)

The surface of the driveway shall be properly drained so that water damage and frost heave will not impede access by emergency vehicles.

(d)

Driveway shall provide a minimum centerline radius of 40 feet for all curves to insure access by firefighting equipment. In addition, the driveway shall provide minimum clearance from trees and brush of 18 feet through all curved sections.

(e)

No bridges shall be permitted as part of driveway construction unless they are certified by a registered engineer as capable of supporting a 30-ton fire truck.

(f)

Any structures, which span any driveway, shall maintain not less than 14 feet vertical and horizontal clearance.

(g)

A culvert, 12-inch minimum diameter and 24 feet in length shall be provided where a driveway crosses the ditch centerline. A minimum of 18 feet shall be covered with gravel or similar material (reference subsection (b), above) with and equal amount of uncovered culvert on each side.

(6)

Pre-existing, nonconforming driveways. Pre-existing, nonconforming driveways in existence prior to the enactment of this chapter may continue without conforming to the requirements of this section; provided however that if such driveway is to be improved, expanded, constructed, or altered, including, but not limited to, the servicing of additional buildings, the same must then conform to the requirements of this section, without regard to its pre-existing status, unless excepted, upon application for a variance, because compliance would constitute hardship, or an impossibility such as insufficient area and additional area not being reasonably available; and provided further that these altered pre-existing private driveways shall be required to comply with subsections (4) and (5) above, within one year of the effective date of this chapter, unless excepted, upon application for a variance.

(7)

Requirements for private road approvals.

(a)

Plans for a private road shall be submitted to the village planning commission for review. Materials submitted shall include:

1.

All permit applications and applicable fees.

2.

A legal description and survey of all properties to be served by the private road, together with a letter from the village president or zoning administrator stating that all proposed parcels are in compliance with zoning ordinance and Subdivision Control Act requirements.

3.

A legal description and survey of the proposed private road casement.

4.

Drawing showing the existing and proposed structures, roads, drives, drains and other significant physical features on the property.

5.

Engineering plans for the proposed private road shall comply with subsection (5) of this section.

6.

The construction plans shall include the following drawing: Typical cross-section and drainage layout.

7.

A proposed maintenance agreement. The agreement shall utilize the model agreement provided by the village or else shall be accompanied by a letter from the village attorney indicating that alternate agreement complies with this chapter.

(b)

No private road construction shall begin until the planning commission has approved the proposed road by a recorded vote and a permit has been issued by the zoning administrator.

(c)

A document describing (ie. private road and the provisions for maintenance) shall be recorded with the register of deed and also provided to the purchaser. The maintenance provisions shall apportion maintenance responsibilities among the benefiting and/or abutting property owners and shall run with the land the proposed maintenance agreement shall be reviewed and approved by the village attorney prior to recording.

(8)

Minimum design standard for private roads.

(a)

Preliminary plans, final plans, construction plans and construction methods for a private road shall be designed by a professional engineer and hear the seal of a professional engineer.

(b)

The Sanilac County Road Commission's "Procedures for Plat Street Development", including all subsequent amendments and/or revisions shall be used as a standard for the design of the private roads where parcels are three and one-half acres or less. Those parcels more than three and one-half acres are subject to the above standards with the exception of hard surface but aggregate road must comply with the illustration included in this section, as a minimum design standard.

(c)

Private roads that do not conform to the Sanilac County Road Commission's "Procedures for Plat Street Development", including all subsequent amendments and/or revisions will not be allowed in to the Sanilac County Road Commission's system until work has been done to meet Sanilac County Road Commission's minimum requirements.

(d)

If any existing private road or easement is to be expanded said private load or easement will be brought up to Sanilac County Road specifications.

(e)

Dead end roads terminating in a cul-de-sac of approved design will not be limited to 600 feet.

(f)

All private roads shall be designated by name, subject to approval of the village planning commission and the Sanilac County Road Commission. The proprietor shall furnish and erect street name and stop signs at all intersections with both public and private roads. The design of the signs shall be same as those used by the Sanilac County Road Commission for similar purposes. Signs marked "private road" shall be erected and maintained by the proprietor at die entrance to all private roads or the development.

(g)

The Village of Deckerville reserves the right to have any plans reviewed by another professional engineer.

(9)

Inspections, fees, and permits for private roads and driveways.

(a)

The village shall not grant final approval for the use of any private road or driveway until the completed road or drive has been inspected for compliance with this chapter.

(b)

The village shall contract with a public agency, qualified engineer, or surveyor to inspect private road improvements. All such costs shall be borne by the applicant.

(c)

The village council shall establish fees to cover the cost or review and inspections.

(d)

A permit shall be obtained as to compliance with the Michigan Soil Erosion and Sedimentation Act prior to the commencement of private road construction.

(e)

A permit shall be obtained from the county drain commission and/or road commission as required.

(f)

The proprietor's engineer shall certify that he has personally supervised and inspected all construction that drainage facilities have been installed and all roads have been built in accordance with the approved plans and specifications.

(10)

Pre-existing, nonconforming easements/private roads.

(a)

Pre-existing, nonconforming easements/private roads in existence prior to the enactment of this chapter may continue without conforming to the requirements of this chapter; provided however that: If such private road or access casement is to be expanded, or constructed, or altered, including, but not limited to, the servicing of additional dwelling or commercial, industrial or other units, the same must then conform to the requirements of this chapter, without regard to its pre-existing status, unless excepted, upon application for a variance, because compliance would constitute hardship or an impossibility such as insufficient area and additional area not being reasonably available; and provided further that these altered pre-existing private casements/private roads shall be required to comply with subsections (6) and (7) within one year of the effective date of this chapter, unless excepted, upon application for a variance.

(b)

Waiver or provision. Any provision in subsection (8) may be waived upon:

1.

Written request or applicant and proposed site plan.

2.

Review and approval or the planning commission and a licensed engineer.

3.

A determination by the planning commission that the waiver is in the best interest of the health, safety, and welfare of the village, residents of said private road; and the intent of the private road and driveway ordinance is met.

4.

In the event a provision is waived, the planning commission may impose alternative restrictions.

(11)

Performance bond for private roads. The applicant shall file with the village clerk a cask deposit, certified check, certificate of deposit, irrevocable bank letter of credit acceptable to the village, sufficient to cover the total cost of the required road improvements. When the work is completed by the applicant and approved by the village, the bond will be released to the applicant.

(12)

Appeals.

(a)

The village board of zoning appeals shall have jurisdiction to consider appeals for variance from this section.

(b)

The board of zoning appeals may only grant a variance if the applicant can show that he would suffer a unique hardship if the street requirements of the section were not waived.

(13)

Enforcement. Such persons who shall be so designated by the village board shall enforce this chapter.

(14)

Violations. The owner, if possible, and the occupant of any property upon which any violations set forth in this section is found to exist shall be notified in writing to remove, eliminate, or repair such violations within 14 days after service of the notice upon him. Such notice may be personally delivered or by certified mail, return receipt requested.

(15)

Failure to comply. Any person who shall violate the provisions of this section shall be guilty of a civil infraction and shall be punished by a fine not to exceed $500.00 and appropriate costs. Each day that the person is in continuous violation of said ordinance is a separate and continuous civil infraction subject to an additional fine not to exceed $500.00 and appropriate costs per day.

(16)

Granting additional time. Additional time may be granted at the discretion of the enforcement officer where there are bona fide efforts to conform or repair any violations.

(Ord. of 5-28-2002, § 3.28.00)

Outdoor advertising signs shall be permitted, subject to the following restrictions:

(1)

Residential, residential-agricultural, or mobile home park zoned property may utilize not more one sign of not larger than eight square feet in area.

(2)

Commercial or industrial zoned property may utilize one sign which shall not be larger than 35 square feet of total area per business on the premises.

(3)

Signs of larger total size or quantity than designated in subsection (1) and (2) may be allowed only when specifically approved by the village board of appeals as a variance.

(4)

Outdoor advertising signs shall not be placed nearer any highway, street or road than the line of the public right-of-way and such sign shall not obscure traffic vision or create a hazard to the public safety. Signs affixed to any building shall not project more than one foot therefrom. Any signs erected on property adjacent to a state highway shall be subject to approval of the Michigan Department of Highways.

(5)

Any permanent signs shall incorporate the theme (if applicable) of the village. Any illuminated sign or display shall be non-rotating and non-blinking and of low enough light intensity that it will not interfere with the vision of persons on highways, streets or roads, nor be an annoyance to neighbors.

(Ord. of 5-28-2002, § 3.30.00)

(1)

Notification to the village. The village zoning board shall be notified of all property divisions. The owner of any parcel of property proposed for a split shall file a site plan and request for approval with the zoning administrator. If approved by the zoning administrator, a certified survey with total property description must be prepared and presented to the zoning administrator and the division must then be submitted to the village planning commission for final approval.

(2)

Splitting of platted property prohibited.

(a)

The division of a lot in a recorded plat is prohibited unless an application (with reason) for splitting the platted parcel has been filed with the village zoning administrator and the division has been approved by the village planning commission.

(b)

No land use permit or building permit shall be issued for split lots, or any construction commenced unless the suitability of the land for building sites has been approved by the village planning commission.

(Ord. of 5-28-2002, § 3.31.00)

No land or premises shall be used as a storage yard as herein defined except by approval of the village planning commission as provided in article VIII of this chapter.

(Ord. of 5-28-2002, § 3.32.00)

All streets hereafter developed or built for eventual incorporation into the village street system shall meet the following development standards prior to dedication to and acceptance by the Village of Deckerville:

(1)

Top soil removed;

(2)

Six inches of sand;

(3)

Six inches of gravel (22A standard spec.);

(4)

Twenty-four feet wide;

(5)

Final surface black top 20 feet wide;

(6)

Right-of-way 66 feet.

(Ord. of 5-28-2002, § 3.33.00)

For the express purpose of promoting the health, safety, morals and general welfare of the inhabitants of the village, and reducing hazards to health, life and property, no fixed or movable substandard building or structure shall hereafter be permitted, occupied or erected or moved upon any premises and used for dwelling purposes.

(Ord. of 5-28-2002, § 3.34.00)

(1)

Permits. A zoning compliance permit shall be required for all manmade ponds, in-ground pools and above-ground pools utilizing electrical service or requiring more than three feet of excavation.

(2)

Setback and safety provisions. All swimming pools and manmade ponds shall be located in the rear or side yard, not less than five feet from the rear and side lot lines, enclosed by a four-foot fence with latched gate. All electrical installations or wiring in connection with swimming pools shall conform to the provisions of the National Electrical Code. If service drop conductors or other utility wires cross under or over a proposed pool area, the applicant shall make satisfactory arrangements with the utility involved for the relocation thereof before a permit shall be issued for the construction of a swimming pool. No portion of a swimming pool or associated structure shall be permitted to encroach upon any easement or right-of-way which has been granted for public utility use.

(Ord. of 5-28-2002, § 3.35.00)

No person may erect or occupy a temporary dwelling on any lot except as hereinafter provided:

(1)

A building, including a basement home, which does not comply with the area requirements of its district may be occupied as a temporary dwelling for a period of not more than nine months if construction of a permanent dwelling is actually under way and in active progress during occupancy of such temporary dwelling. One consecutive additional month period of occupancy may be granted at the discretion of the village planning commission.

(2)

In the event that any person shall reside in any such temporary dwelling for a period of more than 18 months and has had extensions granted by the village planning commission for the additional period, the zoning administrator, the planning commission, the village council, any delegated official or any interested party may proceed to have such extended use abated as a nuisance or may enforce this chapter by other means herein provided.

(3)

The village planning commission may permit the use of a house trailer or mobile home as a temporary accessory dwelling to a permanent dwelling. No more than one trailer may be used and occupied as such accessory dwelling and then only if the occupants of such trailer have access to and the unlimited use of sanitary facilities of the permanent dwelling.

(4)

The use of tents as a temporary dwelling in connection with recreational activities may be permitted upon application to the village zoning administrator showing that the necessary and proper health, sanitation, plumbing and fresh water facilities are provided.

(5)

The village planning commission may permit on application the use of a trailer as a temporary dwelling with dimensions less than 12 [feet] by 50 [feet] for a period of six months when the occupant of said trailer is definitely engaged in the erection of a permanent dwelling on said lot and when necessary and proper health, sanitation, plumbing and fresh water facilities are provided. If substantial progress has been made toward completion of the building, the village council (acting in lieu of a board of appeals) may grant an extension for six months.

(6)

One travel trailer, or motor home at each dwelling brought by visitors for traveling purposes may be occupied and allowed for 30 days if the visitors occupying said trailer use the sanitary facilities of the dwelling of the property owner or occupants they are visiting, or make other suitable provisions for sanitary facilities and extended for 30 days upon application.

(Ord. of 5-28-2002, § 3.37.00)

(1)

Lots in two districts. Where a district boundary line as established in this chapter or as shown on the zoning map divides a lot which was in single ownership and of record at the time of this chapter, the use thereon and the other district requirements applying to the least restricted portion of such lot under this chapter shall be considered as extending to the entire lot, provided the more restricted portion of such lot is entirely within ten feet of said dividing district boundary line. The use so extended shall be deemed to be conforming.

(2)

Lots in commercial or industrial districts adjacent to a residential zone. Where a lot in a commercial or industrial district abuts a lot in a residential district there shall be provided along such abutting lines a yard equal in width or depth to that required in the residential district.

(3)

Front yard transition. Where the frontage on one side of a street between two intersecting streets is zoned partly as residential and partly as commercial or industrial, the front yard depth in the commercial or industrial district shall be equal to the required front depth of the residential district.

(4)

Corner lot transition. On every corner lot in residential subdivisions created after the enactment of this chapter, there shall be provided on the side street a side yard equal in depth to the required front yard depth on said side street.

(5)

Garage entrances. No public or private garage for more than five motor vehicles shall have an entrance or exit for motor vehicles within 40 feet of a residential district.

(6)

Parking lots and driveways abutting residential zones. Whenever a parking lot or a driveway to a parking lot is hereafter established in other than a residential district so as to abut the side or rear line of a lot in a residential district a solid masonry wall, or a substantial view obstructing fence not less than three feet high and not more than eight feet high, shall be constructed and maintained along said side or rear lot line up to, but not beyond, the setback building line. In addition, in all use districts, the lighting, including any permitted illuminated sign, on any parking lot or driveway shall be arranged so that there will be no annoying glare directed or reflected toward residence buildings or residence districts.

(Ord. of 5-28-2002, § 3.38.00)

(1)

Authorization. Changing technology in the field of communications has resulted in a reliance upon more versatile convenient forms of communication. Businesses, individuals and government have all developed a strong dependence upon the ability to quickly contact others. The use of radios and cellular phones have proven themselves over and over gain in emergency situations.

(2)

Qualifying conditions.

(a)

Site and development requirements. The following site and developmental requirements shall apply:

1.

A minimum site of .75 acre and 125 feet of road frontage.

2.

The use of guyed wires is strictly prohibited within residential district.

3.

The base of the tower and wire cable supports shall be fence with a minimum five-foot high fence.

(b)

Special performance standards.

1.

The tower must be setback from all property lines a distance equal to its height, unless engineering plans and specifications have been verified by the village engineer that the structural integrity of the tower will withstand high winds and impacts, and the likelihood of a tower failure is minimal. The applicant shall incur all cost associated with village engineering review.

2.

Accessory structures are limited to uses associated with the operation of the tower and may not be located any closer to any property line than 30 feet.

3.

Accessory structures shall not exceed 600 square feet of gross building area.

4.

All bufferyard requirements within the zoning ordinance shall be met.

5.

The plans of the tower construction shall he certified by a registered structural engineer.

6.

The applicant shall provide verification that the antenna mount and structure have been reviewed and approved by a professional engineer and that the installation is in compliance with all applicable codes.

7.

All towers must meet the standards of the Federal Aviation Administration and the Federal Communications Commission.

8.

Communication towers in excess of 100 feet in height above grade level shall be prohibited within a two-mile radius of a public airport or one-half-mile radius of a helipad.

9.

No part of any tower or antenna shall be constructed, located or maintained at any time, permanently or temporarily, on or upon any required setback area for the district in which the antenna or tower is to be located. In no case shall a tower or antenna be located within 30 feet of a property line.

10.

Metal towers shall be constructed of, or treated with, corrosive-resistant material.

11.

Antennae and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with all applicable local statutes, regulations and standards.

12.

Towers with antenna shall be designed to withstand a uniform wind loading as prescribed in the building code.

13.

All signals and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least 81 feet above the ground at all points, unless buried underground.

14.

Towers shall be located so that they do not interfere with reception in nearby residential areas.

15.

Towers shall be located so there is room for vehicles doing maintenance to maneuver on the property owned and or leased by the applicant.

16.

The base of the tower shall occupy no more than 500 square feet.

17.

Minimum spacing between tower locations shall be one mile in order to prevent a concentration of towers in one area.

18.

Height of the tower shall not exceed 175 feet from grade within a residential district, 200 feet from grade with a business district, and 300 feet from grade within a manufacturing district.

19.

Towers shall not be artificially lighted unless required by the Federal Aviation Administration.

20.

Existing on-site vegetation shall be preserved to the maximum extent practicable.

21.

There shall not be displayed advertising or identification of any kind intended to be visible from the ground or other structures, except as required for emergency purposes.

22.

The antenna shall be painted to match the exterior treatment of the tower. The chosen paint scheme should be designed to minimize off-site visibility of the antenna.

23.

Structures shall be subject to any state and federal regulations concerning nonionizing electromagnetic radiation, if more restrictive state or federal standards are adopted in the future, the antenna shall be made to conform to the extent required by such standard or the special use approval will be subject to revocation by the village board. Cost for testing and verification of compliance shall be borne by the operator of the antenna.

24.

There shall be no employees located on the site on a permanent basis to service or maintain the antenna. Occasional or temporary repair and service activities are excluded from this restriction.

25.

All parking and drive areas must be paved as provided in this chapter.

26.

Where the property adjoins any residentially zoned property or land use, the developer shall plant two alternating rows of evergreen trees with a minimum height of five feet on 20-foot centers along the entire perimeter of the tower and related structures. In no case shall the evergreens be any closer than ten feet to any structure.

27.

The tower shall be removed by the property owner or lessee within six months of being abandoned.

(3)

Colocation.

(a)

Statement of policy. It is the policy of the village to minimize the overall number of newly established locations for wireless communication facilities and wireless communication support structures within the community, and encourage the use of existing structures for attached wireless communication facility purposes, consistent with the statement of purpose and intent, of this section. Each licensed provider of a wireless communication facility must, by law, be permitted to locate sufficient facilities in order to achieve the objectives promulgated by the United States Congress. However, particularly in light of the dramatic increase in the number of wireless communication facilities reasonably anticipated to occur as a result of the change of federal law and policy in and relating to the Federal Telecommunications Act of 1996, it is the policy of the village that all users should colocate on attached wireless communication facilities and wireless communication support structures in the interest of achieving the purposes and intent of this section, as stated above, if a provider fails or refuses to permit colocation on a facility owned or otherwise controlled by it, where colocation is feasible, the result will be that a new and unnecessary additional structure will be compelled, in direct violation of and in direct contradiction, to the basic policy, intent and purpose of the village, the provisions of this subsection are designed to carry out and encourage conformity with the policy of the village.

(b)

Feasibility of coloration. Colocation shall be deemed to be "feasible" for purposes of this section where all of the following are met;

1.

Wireless communication provider entity tinder consideration for colocation will undertake to pay market rent or other market compensation for colocation.

2.

The site on which colocation is being considered, taking into consideration reasonable modification of replacement of a facility, is able to provide structural support.

3.

The colocation being considered is technologically reasonable, e.g., the colocation will not result in unreasonable interference, given appropriate physical and other adjustment in relation to the structure, antennas, and the like.

4.

The height of the structure necessary for colocation will not be increased beyond a point deemed to be permissible by the village.

(c)

Requirements for colocation.

1.

Special land use permit for the construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that a feasible colocation is not available for the coverage area and capacity needs.

2.

All new and modified wireless communication facilities shall be designed and constructed so as to accommodate colocation.

3.

The policy of the community is for colocation. Thus, if a party who owns or otherwise controls a wireless communication facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible colocation, such facility shall, thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded or extended in any respect and subject to removal as a not conforming structure.

4.

If a party who owns or otherwise controls a wireless communication facility shall fail or refuse to permit a feasible colocation, and this requires the construction and/or use of a new wireless communication support structure, the party failing or refusing to permit a feasible colocation shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of the village, and, consequently such party shall take responsibility for the violation, and shall be prohibited from receiving approval for new wireless communication support structures within the village for a period of five years from the date of the failure or refusal to permit the colocation. Such a party may seek a variance from the zoning board of appeals if and to the limited extent the applicant demonstrates entitlement to variance relief which, in this context, shall mean a demonstration that enforcement of the five-year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services, or that such enforcement would have the effect of prohibiting the provision of personal wireless communication services.

(d)

Incentive. Review of an application for colocation, and review of an application for a permit for use of a facility permitted under paragraph (c) above, shall be expedited by the village.

(4)

Removal.

(a)

A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or pan of the facility by users and owners upon the occurrence of one or more of the following events:

1.

The facility has not keen used for 180 days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of non-use.

2.

Six months after new technology is available at reasonable cost as determined by the village council, which permits the operation of the communication system without the requirement of the support structure, or with a support structure, which is lower and/or less incompatible with the area.

(b)

The situations in which removal of a facility is required, may be applied and limited to portions of a facility.

(c)

Upon the occurrence of one or more of the events requiring removal, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal restoring the premises to an acceptable condition as reasonably determined by the planning official.

(d)

If the required removal of a facility or a portion thereof has not keen lawfully completed within 60 days of the applicable deadline, and after at least 30 days written notice, the village may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn, collected and/or enforced from or under the security posted at the time application was made for establishing the facility.

(e)

The person who had used the facility shall immediately notify the village clerk in writing if and as soon as use of a facility ceases.

(5)

Effect of approval.

(a)

Subject to the following paragraph, final approval under this section shall be effective for a period of six months.

(b)

If construction of a wireless communication facility is commenced within two miles of the land on which a facility has been approved, but on which construction has not keen commenced during the one-year period of effectiveness, the approval for the facility that has not keen commenced shall be void 30 days following notice from the village of the commencement of the other facility unless the applicant granted approval of the facility which has not keen commenced demonstrates that it would not be feasible for it to colocate on the facility that has been newly commenced.

(Ord. of 5-28-2002, § 3.39.00)

(1)

If any outdoor premises contain unused, nonfunctional or dismantled automobiles, trucks, other self-propelled vehicles, trailers, etc., for a period of 30 days consecutively, the owner shall remove said vehicle on request of the zoning administrator. Automobiles, trailers, or other vehicles that do not bear current state registration shall be presumed to be nonfunctional.

(2)

No nonfunctional, dismantled automobile, truck, van, trailer or other vehicle shall be used for purposes (dwelling, housing livestock, storage, tool sked, etc.) other than that originally intended (viz. transportation).

(Ord. of 5-28-2002, § 3.40.00)

All buildings in the Village of Deckerville, including those that are partially or completely vacant and unoccupied shall be maintained in a condition prepared for immediate occupancy, in full compliance with all structural, electrical, plumbing, heating, mechanical, and health code requirements for that type of structure. Windows may be boarded up for periods not to exceed two weeks annually.

(Ord. of 5-28-2002, § 3.42.00)

Nothing in this chapter should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein and they are hereby declared to be subject to subsequent amendments, change or modification as may be necessary to the preservation or protection of public health, safety and welfare.

(Ord. of 5-28-2002, § 3.44.00)

A land use permit shall be contingent upon the approval of the water supply and sewage disposal systems by Sanilac County Department of Health, the village DPW and other appropriate official governmental authorities.

(Ord. of 5-28-2002, § 3.45.00)

(1)

Cutting and removing of grass, weeds, unsightly vegetation and other rank, poisonous or harmful vegetation. It shall be unlawful for any owner, lessee or occupant or any agent, servant, representative or employee of any such owner, lessee or occupant having control of any occupied or unoccupied lot or land or any part thereof in the Village of Deckerville to permit or maintain on any such lot or land or along the sidewalk, street or alley adjacent to the same, between the property line and the curb or middle of the alley or for ten feet outside of the property line and the curb or middle of the alley or for ten feet outside of the property line if there be no curb, any growth or weeds, grass or other rank vegetation to a greater height then 12 inches or any accumulation of dead weeds, grass, brush, unsightly vegetation or other refuse or rubbish which shall constitute a nuisance or fire hazard. It shall also be unlawful for any person or persons to cause, suffer or allow poison ivy, ragweed or other poisonous plants or plants detrimental to health to grow on any such lot or land in such manner that any part of the ivy, ragweed or other poisonous or harmful weed shall extend upon, overhand or border any public place or allow seed, pollen or other poisonous particles or emanations therefrom to be carried through the air into any public place.

(2)

Duty of owner, lessee or occupant. It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed or otherwise destroyed all such weeds, grass or other rank poisonous or harmful vegetation as well as any other refuse or rubbish which shall constitute a nuisance or fire hazard as often as may be necessary to comply with the first section of this chapter.

(3)

Notice.

(a)

Publication. It shall be the duty of the village clerk to give notice to all owners, lessees or occupants or any agents, servants, representatives or employees of any such owner, lessee or occupant having control of any occupied or unoccupied lot or land or any part thereof in the Village of Deckerville by annually printing the following notice for the first two weeks in the newspaper of the village:

"Notice to Owners, Possessors or Occupiers of Land or any person or persons firm or corporation having charge of any land in the Village of Deckerville, State of Michigan:

"Notice is hereby given that all weeds, grass and other ground cover and rank vegetation growing on any land in the Village of Deckerville, County of Sanilac, must not exceed 12 inches in height. Failure to comply with this notice shall make the parties so failing liable for the cost of cutting, inspection and administration as a debt to the Village, being collectible by judgment or to be levied in the same manner as other taxes are levied and collected.

"Village of Deckerville Clerk"

(b)

Mailing. At least seven days prior to remediation by the village. The clerk shall mail a copy of the notice to every owner, possessor, occupant or occupier of land and to every person or persons, firm or corporation having charge of any lands in the Village of Deckerville whereon noxious weeds or illegal grass or other ground cover are growing whose post office address is known.

(4)

Remediation by the village. If the provisions of the foregoing sections are not compiled with and if the owner, lessee, or occupant fails, neglects and refuses to cut and remove or to cause to be cut and removed or otherwise destroyed said weeds, grass, vegetation or other refuse or rubbish on or before the seven days after mailing notice, the street, administrator of the Village of Deckerville shall cause such weeds, grass, vegetation, refuse or rubbish to be cut and removed, otherwise destroyed and the actual cost of such operations plus five percent for inspection and other costs in connection therewith, shall be certified in connection therewith to the Village of Deckerville.

(5)

Cost of remediation. The street commissioner shall keep an accurate account of the expense incurred in carrying out the provisions of subsection (4) of this section with respect to every parcel of land entered upon. The amount of the expense incurred in the destruction of weeds and removing refuse or rubbish shall constitute a debt to the village by the persons so failing to comply with this chapter, and the village may maintain an appropriate action in the court of law for the collection thereof.

(6)

Assessments against property. In the event the cost of cutting grass and/or destroying such weeds or the removing of such refuse and rubbish remains uncollected or unpaid on the first day of September following the cutting of such weeds or the removal of refuse or rubbish said unpaid amount shall be returned by the village clerk to the assessor of the village and the same together with the aforesaid additional charges shall be placed upon the special tax roll next in course of preparation as a charge against the property upon which such order was carried out, and the same shall become a lien upon said land and shall be assessed and collected and the same when collected shall be paid into the general fund to reimburse the outlay therefrom aforesaid.

(7)

Penalty. If any owner, possessor or occupier of land or any person, firm or corporation having charge of any lands in the Village of Deckerville shall knowingly allow the aforesaid noxious weeds to grow thereon or shall allow refuse and rubbish to accumulate and become a nuisance in violation of this chapter shall be responsible for Grade A civil infraction.

(8)

Definition. The word "person" as used in this chapter shall mean and include one or more persons of either sex, natural persons, corporation, partnerships, associations, joint stock companies, societies and all other entities of any kind capable of being sued.

(Ord. of 5-28-2002, § 3.46.00)