Environmental standards are established in order to preserve the short- and long-term environmental health, safety, and quality of the city. No parcel, lot, building or structure in any district shall be used or occupied in any manner so as to create any unreasonably dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises. Any use permitted by this chapter may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance standards. No use otherwise allowed shall be permitted within any district which does not conform to the following standards of use, occupancy, and operation. These standards are established as minimum requirements to be maintained.

(Code 1992, § 24-411; Ord. No. 304, § 1201, 6-2-2003)

1. Intent. The intent of this section is to:
   1. Protect and preserve the appearance, character, and value of the community.
   2. Minimize noise, air, and visual pollution.
   3. Improve the overall aesthetics and appearance, divide the expanse of pavement, and define parking areas and vehicular circulation within off-street parking lots and other vehicular use areas.
   4. Require buffering of residential areas from more intense land uses and public street rights-of-way.
   5. Prevent soil erosion and soil depletion and promote sub-surface water retention.
   6. Encourage an appropriate mixture of plant material, such as evergreen and deciduous trees and shrubs, to protect against insect and disease infestation and produce a more aesthetic and cohesive design.
   7. Encourage the integration of existing woodlands in landscape plans.
2. Application of requirements. These requirements shall apply to all uses for which site plan review is required under article XI of this chapter, site plan review procedures, of this chapter and subdivision plat review as required under the subdivision control ordinance. No site plan, site condominium plan, or subdivision plat shall be approved unless a landscape plan is provided which meets the requirements set forth herein. The planning commission shall have the authority to waive or modify the requirements of this section if any of the following conditions apply:
   1. The site lacks sufficient area for the planting of landscape materials.
   2. The required screening or buffering will serve no useful purpose.
   3. The site presents unique features involving parking, circulation or building configuration which warrants special consideration or waivers.
3. Landscape plan requirements. A separate detailed landscape plan shall be submitted to the city as part of the site plan review or tentative preliminary plat review. The landscape plan shall demonstrate that all requirements of this article are met.
4. Screening between land uses.
   1. Upon any improvement for which a site plan is required, a landscape buffer shall be constructed to create a visual screen at least six feet in height along all adjoining boundaries between either a conflicting nonresidential or conflicting residential land use and residentially zoned property. A landscape buffer may consist of landscaped earthen berms and/or living materials so as to maintain a minimum opacity of at least 80 percent. Opacity shall be measured by observation of any two square yard area of landscape screen between one foot above the established grade of the area to be concealed and the top or the highest point of the required screen. The plantings must meet this standard based upon reasonably anticipated growth over a period of three years.
   2. Where the planning commission reasonably determines there is a need to provide a greater noise or dust barrier or to screen more intense development, a solid wall or screening fence shall be required. Such wall or screening fence shall be a minimum of six feet in height as measured on the side of the proposed wall having the higher grade. A required wall shall be located on the lot line except where underground utilities interfere and in instances where this chapter requires conformity with front yard setback requirements. Upon review of the landscape plan, the planning commission may approve an alternate location of a wall. The planning commission and the building official shall approve the construction materials of the wall or fence which may include face brick, poured-in-place simulated face brick, precast brick face panels having simulated face brick, stone or wood.
5. Parking lot landscaping.
   1. Required landscaping within parking lots. Separate landscape areas shall be provided within parking lots in accordance with the following requirements:
      1. There shall be a minimum of one tree for every eight parking spaces, provided that a landscape island shall be provided for no more than 16 continuous spaces.
      2. Landscaping shall be arranged in curbed islands within the parking lot which shall not be less than 50 square feet in area.
      3. A minimum distance of three feet from the backside of the curb and the proposed landscape plantings shall be provided. Where vehicles overhang a landscape island or strip, a minimum distance of five feet from the backside of the curb and the proposed landscape plantings shall be provided.
      4. The planning commission, at its discretion, may approve alternative landscape plantings at the perimeter of parking lots where landscaping within parking lots would be impractical due to the size of the parking lot or detrimental to safe and efficient traffic flow, or would create an unreasonable burden for maintenance and snowplowing.
   2. Required landscaping at the perimeter of parking lots. Separate landscape areas shall be provided at the perimeter of parking lots in accordance with the following: parking lots which are considered to be a conflicting land use as defined by this article shall meet the screening requirements set forth in subsection (d) of this section.
6. Greenbelts. A greenbelt, which is an area established at a depth of the required front yard setback within a zoning district, shall be landscaped in accordance with the following requirements:
   1. The greenbelt shall be landscaped with a minimum of one tree for every 30 lineal feet, or fraction thereof, of frontage abutting a public street right-of-way. Non-ornamental deciduous trees within a greenbelt shall be a minimum caliper of 2 1/2 inches or greater. Evergreen trees within a greenbelt shall be in accordance with the list of recommended plant species (chart 1).
   2. If ornamental deciduous trees are substituted for either non-ornamental deciduous trees or evergreen trees, they shall be provided at a minimum of one tree for every 20 lineal feet, or fraction thereof, of frontage abutting a public street right-of-way. Ornamental deciduous trees within a greenbelt shall be in accordance with the list of recommended plant species (chart 1).
   3. In addition to the required trees within the greenbelt, the remainder of the greenbelt shall be landscaped in grass, ground cover, shrubs and other natural landscape materials.
   4. Access drives from public rights-of-way through required greenbelts shall be permitted, but such drives shall not be subtracted from the lineal dimension used to determine the minimum number of trees required.
7. Site landscaping. In addition to any landscape greenbelt and/or parking lot landscaping required by this section, ten percent of the site area, excluding existing public rights-of-way, shall be landscaped. Such site area landscaping may include a combination of the preservation of existing tree cover, planting of new trees and plant material, landscape plazas and gardens and building foundation planting beds. Site area landscaping shall be provided to screen potentially objectionable site features such as, but not limited to, retention/detention ponds, transformer pads, air-conditioning units, and loading areas.
8. Subdivision and site condominium landscaping. Landscaping for single-family residential subdivisions and site condominiums shall be provided in accordance with the following requirements:
   1. Street trees. The frontage of all internal public or private streets shall be landscaped with a minimum of one tree for every 50 lineal feet, or fraction thereof. Such street trees shall meet the minimum size and spacing requirements set forth in subsection (l) of this section.
   2. Screening between land uses. Where a subdivision or site condominium contains uses which are defined as conflicting land uses by this section, the screening requirements set forth in subsection (d) of this section shall be met.
   3. Screening from public roads. Where a subdivision or site condominium abuts a public road right-of-way located outside of the proposed subdivision or site condominium, the screening requirements set forth in subsection (d)(1) of this section shall be met.
   4. Other site improvements. A landscape plan for a subdivision or site condominium development shall also include landscaping details of the entrance to the development, stormwater retention and/or detention areas, community buildings and other recreational areas, and any other site improvement which would be enhanced through the addition of landscaping.
9. Screening of trash containers.
   1. Outside trash disposal containers shall be screened on all sides with an opaque fence or wall, and gate at least as high as the container, but no less than six feet in height, and shall be constructed of material which is compatible with the architectural materials used in the site development.
   2. Containers shall be consolidated to minimize the number of collection sites, and located so as to reasonably equalize the distance from the buildings they serve.
   3. Containers and enclosures shall be located away from public view insofar as possible.
   4. Containers and enclosures shall be situated so that they do not cause excessive nuisance or offense to occupants of nearby buildings.
   5. Concrete pads of appropriate size and construction shall be provided for containers or groups of containers having a capacity of six 30-gallon cans or more. Aprons shall be provided for loading of bins with a capacity of 1.5 cubic yards or more.
   6. For storage of recyclable materials, the enclosure area and pad size shall be increased to amply accommodate the extra materials and their containers.
   7. Screening and gates shall be of a durable construction.
10. Landscape elements. The following minimum standards shall apply:
    1. Quality. Plant materials shall be of generally acceptable varieties and species, free from insects and diseases, hardy to Iosco County, conform to the current minimum standards of the American Association of Nurserymen, and shall have proof of any required governmental regulations and/or inspections.
    2. Composition. A mixture of plant material, such as evergreen and deciduous trees and shrubs, is recommended as a protective measure against insect and disease infestation. A limited mixture of hardy species is recommended rather than a large quantity of different species to produce a more aesthetic, cohesive design and avoid a disorderly appearing arrangement.
    3. Berms. Berms shall be constructed with slopes not to exceed a 1:3 gradient. Berm slopes shall be protected with sod, seed, or other form of natural ground cover.
    4. Existing trees. The preservation and incorporation of existing trees is encouraged. Where existing trees are used to satisfy the requirements of this article, the following requirements shall apply:
       1. Paving or other site improvements shall not encroach upon the dripline of the existing tree to be preserved.
       2. If existing plant material is labeled "to remain" on site plans by the applicant or required by the city, protective techniques, such as, but not limited to, fencing or barriers placed at the dripline around the perimeter of the plant material shall be installed during construction. No vehicle or other construction equipment shall be parked or stored within the dripline of any plant material intended to be saved. Other protective techniques may be used provided such techniques are approved by the city.
       3. In the event that healthy trees which are used to meet the minimum requirements of this chapter or those labeled to remain are cut down, destroyed, damaged, or excavated at the dripline, as determined by the city, the contractor shall replace them with trees which meet the requirements of this article.
11. Installation, maintenance, and completion.
    1. All landscaping required by this chapter shall be planted before obtaining a certificate of occupancy or the appropriate financial guarantee, as set forth in this chapter, shall be placed in escrow in the amount of the cost of landscaping to be released only after landscaping is completed.
    2. All landscaping and landscape elements shall be planted, and earth moving or grading performed, in a sound workmanlike manner, according to accepted planting and grading procedures.
    3. The owner of property required to be landscaped by this chapter shall maintain such landscaping in a strong and healthy condition, free from refuse, debris and insects. All materials used to satisfy the requirements of this chapter which become unhealthy or dead shall be replaced within one year of damage or death or the next appropriate planting period, whichever comes first. All landscaped areas shall be provided with a readily available and acceptable water supply.
12. Minimum size and spacing requirements. Where landscaping is required, the following schedule sets forth minimum size and spacing requirements for representative landscape materials:
    
    Chart 1. List of Recommended Plant Species
    
    

    The Following Trees are Representative:			Minimum Size Allowable
    			Height		Caliper
    			6'	3'—4'	1.75"	2.5"
    Trees
    	Evergreen Trees:
    		Fir	*
    		Spruce	*
    		Pine	*
    		Hemlock	*
    	Narrow Evergreen Trees:
    		Red Cedar		*
    		Arborvitae		*
    		Juniper (selected varieties)		*
    	Large Deciduous Canopy Trees:
    		Oak				*
    		Maple				*
    		Beech				*
    		Linden				*
    		Gingko (male only)				*
    		Honey locust (seedless, thornless)				*
    		Birch				*
    	Small Deciduous Ornamental Trees:
    		Pagoda or Kousa Dogwood			*
    		Flowering Cherry, Pear			*
    		Hawthorn			*
    		Redbud			*
    		Magnolia			*
    		Flowering Crabapple			*
    		Serviceberry			*
    		Hornbeam			*

    The Following Trees are Representative:			Minimum Size Allowable
    			Height		Spread
    			6'	3'—4'	24"—36"	18"—24"
    Shrubs
    	Evergreen Trees:
    		Pyramidal Yew		*
    		Hicks Yew				*
    		Brown's Spruce Ward			*
    		Alberta Spruce		*
    		Chinensis Juniper Varieties			*
    		Sabina Juniper				*
    		Mugho Pine				*
    		Horizontal Juniper Varieties				*
    		Boxwood				*
    		Euonymous varieties				*
    	Deciduous Shrubs:
    		Honeysuckle			*
    		Lilac			*
    		Sumac			*
    		Pyracantha				*
    		Weigela			*
    		Flowering Quince			*
    		Cotoneaster			*
    		Dogwood			*
    		Viburnum varieties			*
    		Spirea				*
    		Fragrant Sumac				*
    		Potentilla				*

(Code 1992, § 24-412; Ord. No. 304, § 1202, 6-2-2003)

State law reference(s)—Municipal forests, MCL 324.52701 et seq.

1. Smoke and air contaminants. It shall be unlawful for any person, firm, or corporation to permit the emission of any smoke or air contaminant in violation of air quality standards adopted by federal and/or state regulatory authorities.
2. Odors. Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public or which interferes unreasonably with the comfort of the public shall be removed, stopped, or so modified as to remove the odor. The provisions of this section are not intended to apply to farming activities and the same shall be cumulative in nature and in addition to the provision of any other ordinance applicable to such odors.
3. Gases. The escape or emission of any gas which is injurious or destructive, harmful to person or property, or explosive shall be unlawful and shall be abated.

(Code 1992, § 24-413; Ord. No. 304, § 1203, 6-2-2003)

State law reference(s)—Air resources protection, MCL 324.5501 et seq.

1. Noise which is objectionable as determined by the city due to volume, frequency, or beat shall be muffled, attenuated, or otherwise controlled and shall be subject to the noise regulations as contained in chapter 20 of this Code.
2. In addition, objectionable sounds of an intermittent nature, or sounds characterized by high frequencies, shall be so controlled so as not to become a nuisance to adjacent uses. Sirens and related apparatus used solely for public purposes are exempt from this requirement. Noise resulting from temporary construction activity shall also be exempt from this requirement.
3. No use shall generate any ground-transmitted vibration in excess of the limits set forth below. Vibration shall be measured at the nearest adjacent lot line. The vibration maximums set forth below are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following standards shall apply:
   
   

   Particle Velocity (inches per second)
   Frequency in Cycles (per second)	Displacement (in inches)
   0 to 10	0.0010
   10 to 20	0.0008
   20 to 30	0.0005
   30 to 40	0.0004
   40 and over	0.0003

4. Vibrations resulting from temporary construction activity shall be exempt from the requirements of this section.

(Code 1992, § 24-414; Ord. No. 1204, § 101, 6-2-2003)

1. General prohibition. It shall be unlawful for any person, firm, corporation or other entity to pollute, impair or destroy the air, water, soils or other natural resources within the city through the use, storage and handling of hazardous substances and/or wastes or the storage and disposal of solid, liquid, gaseous and/or sanitary wastes.
2. Required permits or approval. Any person, firm, corporation or other entity operating a business or conducting an activity which uses, stores or generates hazardous substances shall obtain the necessary permits or approval from the appropriate federal, state or local authority having jurisdiction.
3. Hazardous chemicals survey. Any person, firm, corporation or other entity operating a business or conducting an activity which uses, stores or generates hazardous substances shall complete and file a hazardous chemicals survey on a form supplied by the city in conjunction with the following:
   1. Upon submission of a site plan.
   2. Upon any change of use or occupancy of a structure or premise.
   3. Upon any change of the manner in which such substances are handled, and/or in the event of a change in the type of substances to be handled.
4. Compliance to storage and use standards. All business and facilities which use, store, or generate hazardous substances in quantities greater than 100 kilograms per month (equal to or greater than 25 gallons or 220 pounds) shall comply with the following standards:
   1. Aboveground storage and use areas for hazardous substances.
      1. Secondary containment of hazardous substances and polluting materials shall be provided. Secondary containment shall be sufficiently impervious to contain the substance for the maximum anticipated period of time necessary for the recovery of any released substance.
      2. Outdoor storage of hazardous substances and polluting materials shall be prohibited except in product-tight containers which are protected from weather, leakage, accidental damage and vandalism.
      3. Secondary containment structures such as out buildings, storage rooms, sheds and pole barns shall not have floor drains.
      4. Areas and facilities for loading/unloading of hazardous substances and polluting materials, as well as areas where such materials are handled and used, shall be designed and constructed to prevent discharge or runoff.
   2. Underground storage tanks. Existing and new underground storage tanks shall be registered, installed, operated, maintained, and removed in accordance with requirements of the appropriate federal, state or local authority having jurisdiction.
   3. Loading and unloading areas. Areas used for loading and unloading hazardous substances shall be designed and constructed to prevent the harmful release to the environment of hazardous materials which may be spilled or leaked.
5. Site plan review required. All site plans for businesses or facilities which use, store or generate hazardous substances shall be reviewed by the fire department, city engineer and any other appropriate experts determined necessary by the planning commission prior to approval by the planning commission.

(Code 1992, § 24-415; Ord. No. 304, § 1205, 6-2-2003)

State law reference(s)—Waste management, MCL 324.11101 et seq.

No use shall create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance, or cause, create, or contribute to the interference with electronic signals (including television and radio broadcasting transmission) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

(Code 1992, § 24-416; Ord. No. 304, § 1206, 6-2-2003)

1. Light and glare from indirect sources.
   1. Glare from any process (such as or similar to arc welding or acetylene torch cutting) which emits harmful ultraviolet rays shall be performed in such a manner as not to be seen from any point beyond the property line, and as not to create a public nuisance or hazard along lot lines.
   2. The design and/or screening of the development shall ensure that glare from automobile and commercial or industrial vehicle headlights shall not be directed into any adjacent property, particularly residential property.
   3. Exterior doors shall be located, operated, and maintained so as to prevent any glare and light from creating a nuisance or safety hazard to operators of motor vehicles, pedestrians, and neighboring land uses.
2. Exterior lighting from direct sources.
   1. Subject to the provisions set forth herein, all parking areas, walkways, driveways, building entryways, off-street parking and loading areas, and building complexes with common areas shall be sufficiently illuminated to ensure the security of property and the safety of persons using such public or common areas.
   2. Exterior lighting shall be located and maintained to prevent the reflection and glare of light in a manner which creates a nuisance or safety hazard to operators of motor vehicles, pedestrians and neighboring land uses. This provision is not intended to apply to public street lighting.
   3. The following additional standards shall apply:
      1. Only white, non-glare lighting such as metal halide, color-corrected high-pressure sodium, or other types of lighting which achieve the same effect shall be permitted. Lighting shall be placed and shielded so as to direct the light onto the site and away from adjoining properties. Lighting shall be shielded so that it does not cause glare for motorists.
      2. The light intensity provided at ground level shall be a minimum of 0.3 footcandle anywhere in the area to be illuminated. Light intensity shall average a minimum 0.5 footcandle over the entire area, measured five feet above the surface. Not more than one footcandle shall be allowed at the property line.
      3. Except as noted below, lighting fixtures shall not exceed a height of 25 feet. In portions of a site adjacent to residential areas, lighting fixtures shall not exceed a height of 20 feet.
      4. All lighting, including ornamental lighting, shall be shown on site plans in sufficient detail to allow determination of the effects of such lighting upon adjacent properties and traffic safety. Building- or roof-mounted lighting intended to attract attention to the building and/or use and not strictly designed for security purposes is not permitted. Temporary holiday lighting and decorations are exempt from the aforementioned provision.

(Code 1992, § 24-417; Ord. No. 304, § 1207, 6-2-2003)

Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire suppression equipment and such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.

(Code 1992, § 24-418; Ord. No. 304, § 1108, 6-2-2003)

State law reference(s)—State fire prevention act, MCL 29.1 et seq.; explosives act, MCL 29.41 et seq.

Existing hazards or potential hazards and nuisances, such as construction sites, junkyards, landfills, sanitary landfills, demolition sites, unused basements, abandoned wells or cisterns and sand, gravel, and stone pits or piles are to be enclosed by suitable fencing or barriers (section 44-297) so as not to endanger public health, safety and welfare.

(Code 1992, § 24-419; Ord. No. 304, § 1109, 6-2-2003)

All developments and earth changes subject to review under the requirements of this chapter shall be designed, constructed, and maintained to prevent flooding and protect water quality. The particular facilities and measures required on site shall reflect the natural features, wetlands, and watercourses on the site; the potential for on-site and off-site flooding, water pollution, and erosion; and the size of the site.

1. Compliance to city standards. Stormwater management shall comply with the following standards:
   1. The design of storm sewers, detention facilities, and other stormwater management facilities shall comply with the standards of the city.
   2. Stormwater management conveyance, storage and infiltration measures and facilities shall be designed to prevent flood hazards and water pollution related to stormwater runoff and soil erosion from the proposed development.
   3. The use of swales and vegetated buffer strips is encouraged in cases where the planning commission deems to be safe and otherwise appropriate as a method of stormwater conveyance so as to decrease runoff velocity, allow for natural infiltration, allow suspended sediment particles to settle, and to remove pollutants.
   4. Alterations to natural drainage patterns shall not create flooding or water pollution for adjacent or downstream property owners.
   5. Discharge of runoff from any site which may contain oil, grease, toxic chemicals, or other polluting materials is prohibited. If a property owner desires to propose measures to reduce and trap pollutants, the owner must meet the requirements of the state department of environmental quality; such a proposal shall be submitted and reviewed by the city engineer, with consultation of appropriate experts.
   6. Drainage systems shall be designed to protect public health and safety and to be visually attractive.
2. On-site stormwater detention. For the purpose of controlling drainage to off-site properties and drainage ways, all properties which are developed under this chapter, whether new or improved, shall provide for on-site detention storage of stormwater in accordance with the current city standards.

(Code 1992, § 24-420; Ord. No. 304, § 1210, 6-2-2003)

State law reference(s)—Soil erosion and sedimentation control, MCL 324.9101 et seq.; soil conservation districts law, MCL 324.9301 et seq.

1. Any building requiring yard space shall be located at such an elevation that a finished grade shall be maintained to cause the flow of surface water to run away from the walls of the building. All grades shall be established and maintained so that surface water runoff damage does not occur to adjoining properties prior to, during, and after construction.
2. When a new building is constructed on a vacant lot between two existing buildings or adjacent to an existing building, the building official shall use the existing established finished grade or the minimum established grade in determining the proper grade around the new building. The yard around the new building shall be graded in such a manner as to meet existing codes and to preclude normal runoff of surface water to flow onto the adjacent property.
3. Final grades shall be approved by the building official who may require a grading plan which has been duly completed and certified by a registered engineer or land surveyor.

(Code 1992, § 24-421; Ord. No. 304, § 1211, 6-2-2003)