Fennville City Zoning Code
ARTICLE 14
Site Development Standards Applicable to Specific Uses
§ 450-1401 Accessory dwelling units (ADU).
 Accessory Dwelling Units |
A.
Definition. An accessory dwelling unit is a detached dwelling unit that is permitted only on properties with a single detached principal dwelling unit. ADUs are a lesser size than the principal dwelling unit and include a kitchen, a sleeping area, and full bathroom facilities.
B.
Where permitted.
(1)
Accessory dwelling units are only permitted in the R-1, R-2, RM, RMH, CBD, and B-1 Zoning Districts.
(2)
Accessory dwelling units are only permitted on properties with a single detached principal dwelling unit.
(3)
A maximum of one accessory dwelling unit is permitted per property.
C.
Permit required. After special land use approval from the Planning Commission is received, the owner of an accessory dwelling unit, or their designee, shall be required to obtain a permit from the City of Fennville prior to the construction and operation of the accessory dwelling unit.
D.
Location.
(1)
Accessory dwelling units shall not encroach upon the front yard of the principal structure.
(2)
Accessory dwelling units are only permitted in the side or rear yard of a property. However, an accessory dwelling unit may be permitted if constructed above an existing detached garage located anywhere on a property.
(3)
Accessory dwelling units shall comply with all front, side, and rear yard setback requirements for principal structures for the zoning district in which it is located.
E.
Height. Accessory dwelling units shall be a maximum of 16 feet in height. If located on a second floor of an existing detached garage or accessory structure, the maximum height of the structure shall not exceed 22 feet.
F.
Parking. An accessory dwelling unit shall require one off-street parking space.
G.
Appearance. The accessory dwelling unit shall consist of building materials that are common within the zoning district and surrounding properties. The accessory dwelling unit shall be consistent with the existing character of the neighborhood in which it is located.
(1)
Accessory dwelling units shall comply with all Building Code requirements and shall require a perimeter skirting comprised of brick, masonry, cement, or another similar material.
H.
Size and occupancy. In no case shall an accessory dwelling unit exceed 720 square feet in gross floor area. Accessory dwelling units shall have a maximum of four occupants.
§ 450-1402 Accessory utility buildings.
A.
All utility buildings and structures accessory to a tower or antenna shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the zoning district where the tower or antenna is located. Ground-mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood.
§ 450-1403 Adult oriented business.
A.
Commercial and service establishments of an adult nature as listed and defined herein and subject to the following conditions:
(1)
In order to prevent undesirable concentration of such uses, the following uses and activities shall not be located within 1,000 feet of two other such uses nor within 100 feet of any residentially zoned district, residential land use, or school as measured along a line forming the shortest distance between any portion of the respective properties of the existing and proposed following specified uses and activities and between such uses and the adjoining residentially zoned district, residential use, or school.
(a)
Adult bookstore.
(b)
Adult motion picture and mini theater.
(c)
Adult sexual paraphernalia store.
(d)
Host or hostess establishments, offering socialization with a host or hostess for consideration.
(e)
Any other retail, event, indoor recreation, or personal service business where 25% of the floor area is dedicated to, 25% or more of the inventory is composed of, or 25% of the gross revenues derive from items or activities predominantly characterized by an emphasis on matter depicting, describing, or relating to specified anatomical areas or sexual activities.
B.
For the purpose of interpreting the application of the foregoing limitations on certain business locations, the following terms or designations shall have the following meanings:
ADULT BOOKSTORE
An establishment having 25% of its floor space or sales volume, whichever is lesser, in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as hereinafter defined, and established with a segment or section devoted to the sale or display of such material.
ADULT MINI MOTION PICTURE THEATER
An enclosure with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as hereinafter defined for observation by patrons therein.
ADULT MOTION PICTURE THEATER
An enclosure with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing and relating to "specified sexual activities" or "specified anatomical areas," as hereinafter defined for observation by patrons therein.
SPECIFIED ANATOMICAL AREAS
(1)
Less than completely and opaquely covered human genitals, pubic regions, buttocks and breasts below a point immediately above the top of the areola.
(2)
Human genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
(1)
Acts of human masturbation or sexual intercourse.
(2)
Fondling or other erotic touching.
(3)
Human genitals in a state of sexual stimulation or arousal.
§ 450-1404 Automobile (vehicle) dealership.
A.
Automobile or vehicle dealers with repair facilities or outdoor sales space shall be subject to the following requirements. These requirements shall apply to operations involved in the sale, lease, or rental of new or used vehicles, house trailers, recreational vehicles, trucks, and other vehicles.
(1)
Grading, surfacing, and drainage. Outdoor sales lots, parking areas, and other vehicle maneuvering areas shall be hard-surfaced and shall be graded and drained so as to dispose of surface waters. Grading, surfacing, and drainage plans shall be subject to review and approval by the City Engineer.
(2)
Driveway location. The nearest edge of any driveway serving an outdoor vehicle sales area shall be located no closer than 60 feet from any street or road intersection (as measured from the nearest intersection right-of-way line).
(3)
Broadcasting devices prohibited. Devices for the transmission or broadcasting of voice or music shall be prohibited outside of any building.
(4)
Setbacks. Outdoor sales lots, parking areas, and other vehicle maneuvering areas shall comply with the locational requirements as established in the zoning district for which it is located.
§ 450-1405 Automobile (vehicle) repair shops.
A.
Outside storage or parking of disabled, wrecked, or dismantled vehicles for any overnight period shall not exceed more than four vehicles awaiting service for each indoor repair stall located on said premises and in no event shall the outdoor storage or parking of any such vehicle be permitted for a period exceeding five days.
B.
When adjoining residentially used or zoned property, a six-foot-high fence or planting strip shall be erected and maintained along the connecting interior lot line. Fences shall comply with the requirements of § 450-508.
C.
No sale of used cars or any other vehicles on the premises may be permitted.
D.
All automobile repair shops shall comply with required state and county regulations in addition to the requirements of this chapter.
§ 450-1406 Automobile (vehicle) disposal and junkyards.
A.
Automobile (vehicle) disposal and junkyards shall be in accordance with the following, even though they may be more restrictive than the provisions of this chapter:
(1)
The site shall be a minimum of three acres in size.
(2)
There shall be a required yard setback of at least 100 feet from any public street and any lot line. The front yard setback shall be planted with trees, grass, and shrubs to minimize the appearance of the installation. Nothing shall be piled, stored, or accumulated in any required yard area.
(3)
A solid fence or wall at least eight feet in height shall be provided along the setback lines of the entire site in order to screen said site from surrounding property. Such a fence or wall shall be of sound construction, painted or otherwise finished neatly and inconspicuously.
(4)
All activities shall be confined within the fenced-in area. There shall be no stocking of material above the height of the fence or wall, except that movable equipment used on the site may exceed the wall or fence height. No equipment, material, signs, or lighting shall be used or stored outside the fenced-in area.
(5)
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.
(6)
Wherever a side or rear lot line of such use abuts residential use or a residential zoning district, the required yard shall be doubled and shall contain plant material, grass, and structural screens to effectively minimize the appearance of the installation.
§ 450-1407 Automobile (vehicle) gasoline and service stations.
A.
Minimum lot area shall be 15,000 square feet.
B.
Minimum lot width shall be 100 feet.
C.
An automobile gasoline and service station shall be located not less than 40 feet from any right-of-way line and not less than 25 feet from any side or rear lot line abutting residentially used property.
D.
Ingress and egress drives shall be separated by a minimum of 30 feet.
E.
No more than one curb opening shall be permitted for every 50 feet of frontage (or major fraction 50% thereof) along any street.
F.
A raised curb of six inches in height shall be constructed along all street frontages at the right-of-way line, except for drive openings.
G.
The entire lot, excluding the area occupied by a building, shall be hard surfaced with concrete or a plant-mixed bituminous material except desirable landscaped areas which shall be separated from all paved areas by a low barrier curb.
H.
All lubrication equipment, motor vehicle washing equipment, hydraulic hoists, and pits shall be enclosed entirely within a building.
I.
All gasoline pumps shall have a minimum setback of 15 feet from any lot line and shall be arranged so that motor vehicles shall not be supplied with gasoline or services while parked upon or overhanging any public sidewalk, street, or right-of-way.
J.
When adjoining residentially used or zoned property, a six-foot masonry wall shall be erected and maintained along the connecting interior lot line, or if separated by an alley, then along the alley lot line.
K.
All masonry walls shall be protected by a fixed curb or similar barrier to prevent contact by vehicles. Such walls may be eliminated or gradually stepped down in height within 25 feet of any right-of-way line, subject to approval by the City Commission.
L.
All outside storage areas for trash, used tires, auto parts and similar items shall be enclosed by a six-foot masonry wall and shall comply with requirements for location of accessory buildings.
M.
Outside storage or parking of disabled, wrecked, or partially dismantled vehicles for any overnight period shall not exceed more than two vehicles awaiting repairs for each indoor repair stall located within said premises, and in no event shall the outdoor storage or parking of any such vehicle be permitted for a period exceeding five days.
N.
No sales of new or used cars shall be permitted.
O.
All exterior lighting, including signs, shall be erected, and hooded so as to shield the glare of such lights from view by adjacent properties. Lighting shall comply with Article 16, and signs shall comply with all standards as set forth in Article 18.
§ 450-1408 Automobile (vehicle) wash establishments.
A.
The minimum lot size shall be 20,000 square feet.
B.
All washing activities must be carried out within a building.
C.
Vacuuming activities may be carried out only in the rear or side yard and at least 50 feet distant from any adjoining residential use.
D.
The entrances and exits of the facility shall be from within the lot and not directly to or from an adjoining street or alley. An alley shall not be used as maneuvering or parking space for vehicles being serviced by the subject facility.
E.
The City Engineer shall review and approve all drainage methods and patterns.
§ 450-1409 Bed-and-breakfasts.
A.
The minimum lot size shall be 10,000 square feet with a minimum frontage of 60 feet on a public street.
B.
The minimum size of rental room shall comply with the Building Code, as amended.
C.
The minimum size for manager/owner living quarters shall be 480 square feet.
D.
The bed-and-breakfast establishment shall have 10 or fewer sleeping rooms, including sleeping rooms occupied by the innkeeper, one or more of which are available for rent to transient tenants.
E.
A common room or area for guest relaxation is required.
F.
The owner/manager shall reside on the premises.
G.
One off-street parking space shall be provided for each rental room in addition to the two off-street spaces required for single-family dwellings. Parking shall be adequately screened from adjacent residentially developed or zoned property.
H.
Bathrooms must be furnished for guestrooms at a ratio of not less than one bathroom per two rental rooms.
I.
The premises (including corner lots) may be permitted one sign not exceeding six square feet in area.
J.
Approval by the City Planning Commission is required prior to occupancy of the facility. Thereafter, the Building Inspector and/or Fire Department may conduct an annual compliance inspection.
K.
Approval of the Allegan County Health Department is required if other than a continental breakfast is served.
L.
Smoke alarms must be installed and maintained in all guest rooms.
M.
The use of the facility may be subject to any other reasonable conditions placed upon the use by the Planning Commission or City Commission considered necessary to achieve the purpose of this chapter.
§ 450-1410 Bungalow courts.
 |
A.
Definition. Bungalow courts are clusters of detached single-family dwelling units gathered around a communal green space.
(1)
Bungalow courts shall be organized as condominiums with a homeowners' association to maintain common areas.
B.
Location. All structures within the bungalow court shall comply with setback requirements for the applicable zoning district.
C.
General standards.
(1)
Bungalow courts shall have a minimum of 2,000 square feet of lot area per unit.
(2)
A minimum of five units shall be required. There is no maximum number of units.
(3)
The main entrance to each unit shall face the center landscaped court.
(4)
Maximum of 10 feet between buildings (courtyard excepted).
(5)
Bungalow courts shall have a site coverage maximum of 90%, including parking.
(6)
The court must be accessible to pedestrians and provide a main entrance on one side, facing the street address.
(7)
Each unit shall be a maximum 2 1/2 stories, with one story preferred.
(8)
Sidewalk access to the front of each unit must be included from both the court and the parking access.
D.
Parking. Each unit shall include at least one off-street parking space.
§ 450-1411 Indoor recreation and similar uses.
A.
Driveway openings to the site shall be located at least 75 feet from any intersection as measured from the intersecting street right-of-way lines to the edge of said driveway.
B.
The main and accessory buildings shall be located a minimum of 100 feet from any residential use.
§ 450-1412 Child care centers, nursery school, and day nurseries.
A.
No dormitory facilities permitted on premises.
B.
For each child cared for, there shall be provided, equipped, and maintained, on the premises a minimum of 150 square feet of outdoor play area.
C.
A fence, compliant with § 450-508, shall be required around all areas designated for outdoor play.
D.
All child care facilities in the City of Fennville shall comply with regulations as set forth by the State of Michigan.
§ 450-1413 Contractors' storage yards.
A.
Contractors' storage yards shall comply with the following requirements:
(1)
All vehicles shall be stored in a fully enclosed building.
(2)
There shall be no outside storage or stock piling of materials or debris, other than peat, bark, stone, and other similar raw materials normally seen in the nursery/landscaping business. Such materials shall be screened so they are not visible from any property line and comply with the following setback requirements:
(a)
Front yard: not permitted. The Planning Commission may permit front yard outdoor storage if it is determined that sufficient justification is provided to warrant front yard storage or stock piling. In no case shall front yard storage or stockpiles be located closer than 30 feet to the front property line.
(b)
Side yard: 30 feet.
(c)
Rear yard: 40 feet.
(3)
The Planning Commission shall have the authority to establish hours of operation to minimize the impact of the facility on nearby residential uses.
§ 450-1414 Drive-in restaurant.
A.
The main and accessory buildings shall be set back a minimum of 60 feet from any adjacent right-of-way line or residential property line.
B.
Driveway openings to the site shall be located at least 75 feet from any intersection as measured from the intersecting right-of-way lines to the edge of said driveway.
C.
Screening shall be required for drive-in restaurants located adjacent to a residentially developed or zoned property. Screening shall comply with requirements described in Article 15.
D.
Parking may be located in the front, but not within the front yard.
§ 450-1415 Drive-thru restaurant.
A.
Where permitted. Drive-thru restaurants are permitted in the E Enterprise District.
B.
Requirements.
 Source: La Puente, CA Zoning Ordinance |
(1)
Nuisance. Drive-thrus shall not negatively impact the adjacent properties with excessive traffic, noise, odors, litter, or other similar factors.
(a)
Devices for the transmission of voices shall be directed or muffled to prevent sound from being audible beyond the boundaries of the site.
(2)
Stacking. A minimum of one stacking lane shall be provided to accommodate a minimum of five vehicles. The Planning Commission may alter this standard if the applicant can demonstrate that fewer stacking spaces will not adversely impact the operations of the establishment or negatively impact neighboring properties or the traffic flow in the area.
(a)
Stacking lanes shall be a minimum of 10 feet in width.
(b)
Stacking lanes shall be separate from drive aisles used to access parking spaces.
(c)
Stacking spaces shall be a minimum of eight feet in width and 18 feet long and provide direct access to the service window.
§ 450-1416 Dry cleaning establishments.
A.
The minimum lot area shall be one acre.
B.
Underground storage tank installation or removal shall be pursuant to the State of Michigan regulations.
C.
The storage and transportation of flammable and combustible liquids shall be in accordance with the Michigan State Fire Safety Board.
§ 450-1417 Funeral homes and mortuaries.
A.
Definition. A building or part thereof used for human funeral services.
(1)
The building may contain space and facilities for embalming and the performance of other services used in preparation of the dead for burial, the performance of autopsies, and other surgical procedures, the storage of caskets, funeral urns, and other related vehicles, and other accessory uses as authorized by state law.
B.
Minimum site requirements.
(1)
All ingress and egress to the site shall be from a major thoroughfare, and all internal roads, streets, and drives shall be paved.
(2)
Assembly of vehicles for funeral processions shall not occur on a public street.
(3)
A funeral chapel shall also be permitted as an accessory use.
C.
Screening. All funeral homes and mortuary establishments shall be adequately screened along the side and rear property lines in accordance with Article 15.
§ 450-1418 Hospitals.
A.
The minimum lot area shall be five acres.
B.
The lot location shall be such that at least one property line abuts a major thoroughfare. The ingress and egress for off-street parking facilities for guests and patients shall be directly from said major thoroughfare.
C.
The minimum main and accessory building setback shall be 100 feet.
D.
Ambulance and emergency entrance areas shall be visually screened from the view of adjacent residential uses by a structure or by a masonry wall of six feet or more in height. Any landscaped screening shall comply with Article 15.
E.
No power plant or laundry shall be located nearer than 300 feet to any adjacent residential use.
§ 450-1419 Hotels and motels.
A.
Public access to the principal business shall be located so as not to conflict with access to adjacent uses or not adversely affect traffic flow on adjacent streets. No more than two driveway openings onto a major thoroughfare (M-89) shall be permitted.
B.
Each unit of commercial occupancy shall contain a minimum of 250 square feet of gross floor area.
C.
Each hotel or motel establishment shall provide customary motel and hotel services, such as maid service, linen service, telephone and/or desk service, and the use of furniture.
D.
Motels and hotels may exceed the height limitation of the zoning district so long as they do not exceed four stories and no portion of the building including building appurtenances shall exceed 55 feet in height.
E.
Where adjacent to a residential use or zoning district, the screening requirements as set forth in Article 15 shall apply.
§ 450-1420 Mini-warehouses and storage units.
A.
The following regulations shall apply to mini-warehouses (self-storage) and portable storage units (also known as PODS®, or Portable On-Demand Storage Units):
(1)
Lot area. The minimum lot size for mini-warehouses and portable storage units shall be three acres.
(2)
Permitted use. Mini-warehouse establishments shall provide for storage only. All such storage must be contained within an enclosed building. Use of semi-trailers for storage is prohibited. Portable storage units for lease or rent shall not be used for storage on the rental site. Electrical service, except for lighting, is prohibited within storage units.
(3)
Site enclosure. The entire site, exclusive of access drives, shall be enclosed with a six-foot-high fence or landscape screening authorized by § 450-1502 of this chapter and approved by the Planning Commission.
 Image example of mini-warehouse building Source: Trachte Building Systems. |
(4)
Exterior appearance. The exterior of any mini-warehouse shall comply with the following minimum requirements:
(a)
Storage buildings shall have pitched roofs.
(b)
Buildings shall be oriented so that doors to storage units do not face toward the road unless such doors will be completely screened from view from the road.
(c)
If a manager's office is proposed, it shall be located in front to screen the storage units. Fences or walls shall project no closer to the front of the site than the front of any such office or residence.
(5)
Resident manager. A resident manager may be permitted on the site for the purposes of maintaining the operation of the facility in conformance with the conditions of the approval.
(a)
On-site circulation and parking.
[1]
All one-way driveways shall be designed with one ten-foot-wide loading/unloading lane and one fifteen-foot travel lane.
[2]
All two-way driveways shall be designed with one ten-foot-wide loading/unloading lane and two twelve-foot travel lanes.
[3]
The parking lanes may be eliminated if the driveway does not serve storage units. Signs and painted lines shall be used to indicate parking and traffic direction throughout the site.
§ 450-1421 Office developments (two or more structures).
A.
Office developments shall be subject to the following:
(1)
Buildings shall be so located and arranged that all structures have access to emergency vehicles.
(2)
Maximum lot coverage upon lot shall not exceed 60%, including accessory uses and structures.
§ 450-1422 Marihuana uses and establishments.
A.
All marihuana establishments within the City shall comply with Chapter 244, Article I, Medical Marihuana Establishments, and Article II, Recreational Marihuana Establishments, or any amended version thereafter. No marihuana facility shall be established within the required buffer zones as described in Chapter 244, Article I, Medical Marihuana Establishments, and Article II, Recreational Marihuana Establishments, or any amended version thereafter.
B.
Marihuana establishments shall comply with all applicable laws as established by the State of Michigan and general rules of the Department of Licensing and Regulatory Affairs, as they may be amended.
§ 450-1423 Planned industrial parks.
A.
In order to facilitate the growth of employment, to ensure a viable tax base for the City, and to prevent the conflicts of incompatible industrial uses, planned industrial parks are permitted with site plan approval by the Planning Commission in the E Enterprise District.
B.
An industrial park is hereby defined as a tract of land laid out in accordance with an overall plan which is designed and equipped to accommodate a cluster of wholesale commercial and industrial activities, providing them with all necessary facilities and services in an attractive park like surrounding.
C.
Planned industrial parks shall be subject to the following:
(1)
In addition to the required site plan, all proposed planned industrial parks (public and private) shall first have an overall plan detailing the development concept, the spatial arrangement of site and structures and phased implementation and development, thereof.
(2)
Maximum lot coverage shall not exceed 50%, including accessory buildings and structures.
§ 450-1424 Senior housing, assisted living.
A.
Minimum lot size shall be one acre.
B.
The main and accessory building(s) shall be set back at least 75 feet from all property lines.
C.
The facility shall be designed to provide a minimum of 1,500 square feet of open space for every bed used or intended to be used. This open space shall include landscaping and may include off-street parking areas, driveways, required yard setbacks and accessory uses.
§ 450-1425 Short-term rentals.
A.
Intent. It is the intent of this section to permit and regulate the use and operation of short-term rentals in the City of Fennville. The City of Fennville is committed to protecting the health, safety, and welfare of its citizens, while balancing that with economic development and tourism incentives. It is recognized that short-term rentals can have adverse effects on neighbors and the overall affordability of the City's housing stock. However, it is also recognized that short-term rentals can bring more economic activity to businesses in Fennville and provide alternative lodging opportunities in the area. It is the intent of this section to establish requirements pertaining to short-term rentals to ensure the continuance of high quality of life in the City of Fennville.
B.
Applicability.
(1)
Definition.
SHORT-TERM RENTAL
The rental of any part of any residential home or accessory dwelling unit for a period of 28 days or less for a fee.
(2)
State registration. In determining if a proposal is a short-term rental as opposed to a bed-and-breakfast or hotel, a short-term rental is typically not registered in the State of Michigan as a specific type of lodging facility.
(3)
Occupancy. Per the State of Michigan Fire Code, the City of Fennville Fire Department shall have the authority to determine the maximum number of occupants that can safely occupy a short-term rental during a time or stay.
C.
General requirements. The following includes general requirements applicable to all short-term rentals in the City of Fennville.
(1)
Noise and other nuisances. All short-term rentals within the City of Fennville shall comply with all City ordinances, including but not limited to those related to noise, light, dust, smoke, glare, and other nuisance potentials. All such complaints related to noise and other nuisance factors shall be enforced by the City of Fennville Police Department.
(2)
Trash and refuse. All short-term rentals shall dispose of trash and other refuse generated on-site in a manner that is compliant with all City policies.
(a)
Short-term rental properties that contain five or more bedrooms shall be required to obtain an additional ninety-six-gallon trash container, for a total of two ninety-six-gallon trash containers located on site.
(b)
Dumpsters shall be prohibited.
(3)
Permit required. The City of Fennville shall require the owner of a short-term rental to obtain an annual permit and register the short-term rental property/unit with the City. In the event it is discovered a property owner has failed to register and obtain a permit with the City prior to operating a short-term rental, the City Administrator, or their designee, reserves the right to issue a cease-and-desist order, municipal civil infraction to the property owner, or pursue other enforcement measures as deemed appropriate.
(a)
The City Administrator, or their designee, shall have the authority to approve, deny, or revoke the short-term rental permit application subject to the following criteria:
[1]
Completeness. The permit approval or denial shall be evaluated upon the completeness of the application as well as the adequacy and accuracy of the information provided.
[2]
Compliance. If, in any circumstance, a short-term rental is found in violation of the requirements of this chapter, the City Administrator, or their designee, shall reserve the right to pursue applicable code enforcement action and processes.
[3]
Inspections. The City of Fennville Fire Department shall reserve the right to implement annual safety inspections of all registered short-term rental properties within the City of Fennville.
D.
Location. Short-term rentals in the City of Fennville shall be subject to the following location requirements:
(1)
Districts permitted. Notwithstanding the exceptions provided herein, short-term rentals shall only be permitted by special land use and site plan approval granted by the City of Fennville Planning Commission in the R-1, R-2, B-1, and CBD Districts. All applications shall comply with applicable standards set forth in Article 19 and Article 20.
(a)
Exceptions. Notwithstanding the capping requirements as described herein, short-term rentals shall be permitted in all accessory dwelling units within the City of Fennville in any zoning district. All accessory dwelling units shall comply with the provisions set forth in § 450-1401.
E.
Parking. Short-term rental properties shall be required to meet the following requirements as it relates to overnight vehicle parking.
(1)
On-street parking. On-street overnight parking for short-term rental use shall be permitted in any district, unless as otherwise specified by City policy.
(2)
Minimum parking requirements. With the exception of short-term rentals located within accessory dwelling units and those within the CBD District, all short-term rentals shall provide a minimum of two paved parking spaces per bedroom. Minimum parking requirement calculations do not include on-street parking availability.
(3)
Maximum parking requirements. In no case shall the parking area for a singular short-term rental exceed more than 10 spaces. The property owner shall demonstrate to the Planning Commission's satisfaction a plan for overflow parking, should it be needed.
F.
Screening. Short-term rentals shall be required to provide adequate screening from adjacent residential zoning districts and residential uses, either by fencing or vegetative screening, or any combination thereof, subject to the following requirements:
(1)
Fence screening requirements. An opaque fence, no less than four feet in height or more than six feet in height, along each side and rear property line may be used to comply with the screening requirement. Fences shall comply with standards for fences in § 450-508.
(2)
Screening requirements. Vegetative screening in the form of trees, hedges, shrubs, and/or bushes may be used to comply with the screening requirements. Vegetative screening shall be a minimum of four feet in height. Landscaping shall be compliant with provisions set forth in Article 15.
(3)
Exceptions. For short-term rental properties located in the CBD and applicable parcels of the B-1 District that are subject to architectural design requirements, fences and/or vegetative screening is not required.
(4)
Screening plan required. The short-term rental site plan shall include details of the fence and/or vegetative screening (e.g., height, location, vegetation type, fence material) in order for the Planning Commission to review and approve the special land use and site plan.
G.
Short-term rental property maximums. Where short-term rentals are permitted, there shall be no more than one short-term rental unit per property. In instances of two-, three- or four-family homes and mixed-use buildings with residential units, there shall be a maximum of one short-term rental unit permitted per property. This maximum restriction includes accessory dwelling units.
H.
Short-term rental caps.
(1)
R-2 District cap. For residential dwelling units in the R-2 District, where the primary structure is a short-term rental, there shall be a short-term rental cap of 10% of total residential units in the R-2 District. In instances of two-, three- and four-family homes, each family dwelling is considered one unit.
(a)
Example: If the R-2 District includes 100 primary residential units in total, the short-term rental cap would be a total of 10 short-term rentals.
(2)
R-1 District cap. For residential dwelling units in the R-1 District, where the primary structure is a short-term rental, there shall be a short-term rental cap of 5% of total residential units in the R-1 District. In instances of two- and three-family homes, each family dwelling is considered one unit.
(a)
Example: If the R-1 District includes 100 primary residential units in total, the short-term rental cap would be a total of five short-term rentals.
(3)
The City of Fennville does not establish a cap on the number of accessory dwelling units used as short-term rentals.
I.
Enforcement. The City of Fennville Administrator, Zoning Administrator, or their designee shall have the authority to enforce all requirements as described by the City of Fennville Zoning Ordinance per the procedures described in Article 23.
§ 450-1426 Solar panel arrays.
A.
Solar panel arrays shall meet the standards of this section.
 Example of roof-mounted solar panels |
(1)
Solar arrays may be permitted in all zoning districts.
(2)
Solar arrays shall not be a principal use and shall be considered an accessory structure.
(3)
Freestanding solar panel arrays shall meet all setback requirements for the zoning district in which they are located.
(4)
Any freestanding solar panel arrays shall not exceed 15 feet in height.
(5)
Roof-mounted solar panel arrays installed on residential homes shall not project two feet above the established roofline. However, the solar panel when installed shall not exceed the maximum height allowed in the zoning district for which it is located.
§ 450-1427 Wind energy conversion systems.
A.
Wind energy conversion systems, or wind-powered generators, shall meet the standards of this section.
 Image example of personal-scale wind energy system. Source: altE |
(1)
A wind energy conversion system shall not be a principal use and shall be considered an accessory structure.
(2)
Wind-powered generators shall be sized and intended only to supplement the electricity need of the property on which they are located.
(3)
Such structures shall only be located in the rear yard, but outside the required rear or side yards.
(4)
The diameter of the generator blades shall not exceed eight feet.
(5)
A freestanding wind-powered generator shall comply with the maximum height permitted for the zoning district. A wind-powered generator attached to the primary use may not be taller than 10 feet above the roof structure.
(6)
A wind-powered generator shall be so located on the premises that a distance at least equal to the height of the generator blades at their apogee is provided to the nearest property line.
(7)
The installation of a wind-powered generator shall meet all applicable structural and electrical codes and shall require a permit issued by the City of Fennville.
(8)
A wind-powered generator shall comply with the City Noise Ordinance and shall not produce off-site shadow flicker.
§ 450-1428 Veterinary hospitals and clinics.
A.
All activities shall be conducted within a totally enclosed building.
§ 450-1429 Wireless communication towers and antennas.
A.
Background.
(1)
The City finds that it is in the public interest to permit the siting of wireless communications towers and antennas within its boundaries.
(2)
It is the City's intent to permit the siting of wireless communications towers and antennas within its boundaries.
(3)
It is the City's intent to protect and promote public health, safety, and welfare by regulating the siting of wireless communications towers and antennas within its boundaries.
B.
Purpose and goals. The purpose of this section is to establish general guidelines for siting wireless communications towers and antennas. The goals of this section are to:
(1)
Protect residential areas and land uses from potential adverse impacts of towers and antennas.
(2)
Encourage the location of towers and antennas in nonresidential areas.
(3)
Minimize the total number of towers and antennas throughout the City.
(4)
Promote the joint use of existing tower sites rather than construction of additional towers.
(5)
Promote the location of towers and antennas in areas where the adverse impact on the City is minimal.
(6)
Promote the configuration of towers and antennas to minimize their adverse visual impact through careful design, siting, landscape screening and innovative camouflaging techniques.
(7)
Promote telecommunications services to the City which are quick, effective and efficient.
(8)
Protect the public health and safety of the City and its residents.
(9)
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
(10)
To further these goals, the City shall consider its Land Use Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
C.
Definitions. For the purpose of this section only, the following terms shall have the following meanings:
ALTERNATIVE TOWER STRUCTURE
Man made trees, clock towers, bell steeples, church spires, light poles, elevator bulkheads, and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA
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 communications signals or other communication signals.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT
When referring to a tower or other building or structure upon which an antenna is mounted, the distance measured from the finished grade of the parcel at the center of the front of the building or structure to the highest point on the tower or other building or structure, including the base pad and any antenna.
LATTICE TOWER
A support structure constructed of vertical metal struts and cross braces, forming a triangular or square structure which often tapers from the foundation to the top.
PRE-EXISTING TOWERS and PRE-EXISTING ANTENNAS
Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of the amendment to the chapter adding this section, or any tower or antenna for which no building and/or special use permit was required, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not yet expired.
TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting (i.e., without guy-wire or other external means of support) lattice towers, guyed towers, or monopole towers, used for the transmission or reception of radio, telephone, cellular telephone, television, microwave or any other form of telecommunication signals. The term includes the structure and any support for the structure.
D.
Applicability.
(1)
New towers and antennas. All new towers and new antennas in the City shall be subject to this section, except as otherwise provided in this section.
(2)
Amateur radio station operators receive-only antennas. Television antennas: This section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station or is used exclusively for receive-only antennas or is used for television reception.
(3)
Pre-existing towers and antennas. Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this section other than the requirements of the definition of "pre-existing towers and pre-existing antennas" in § 450-1429C, and the general requirements of this chapter concerning pre-existing structures (i.e., § 450-510).
E.
General requirements.
(1)
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of or on the same lot shall not preclude the installation of an antenna or tower on that lot.
(2)
Lot size. Even though antennas or towers may be located on leased portions of a lot, the dimensions of the entire lot shall be used to determine if the installation of a tower or antenna complies with the regulations of the applicable zoning district, including but not limited to setback requirements, lot coverage requirements and other such requirements.
(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 City or within one mile of the City border, including specific information about the location, height, and design of each tower or antenna.
(4)
Tower finish. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(5)
Tower site. 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.
(6)
Antenna color. An antenna and its 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.
(7)
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.
(8)
State or federal requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency or 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 and applicable 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 comply with such revised and applicable standards and regulations shall constitute grounds for the City to seek a court order, authorizing the City or its designee to remove the tower or antenna at the owner's expense.
(9)
Building codes; safety standards. The owner of a tower or antenna shall ensure its structural integrity by maintaining it in compliance with standards contained in applicable state or local building codes and applicable standards published by the Electronic Industries Association or any similar successor organization, as amended from time to time. If the City suspects that a tower or an antenna does not comply with such codes and standards and constitutes a danger to persons or property, then the City may proceed under applicable State of Michigan law (i.e., Michigan Public Act 144 of 1992, as amended,[1] or any successor statute) or common law to bring the tower or antenna into compliance or to remove the tower or antenna at the owner's expense.
[1]
Editor's Note: See MCL 125.539 et seq.
(10)
Measurement. Tower setbacks and separation distances shall be measured and applied to facilities located in the City without regard to municipal and county jurisdictional boundaries.
(11)
Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section. They shall not be regulated or permitted as essential services, public utilities, or private utilities.
(12)
Franchises. Owners 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 City have been obtained; they shall file a copy of all required franchises with the Zoning Administrator.
(13)
Signs. No signs shall be allowed on an antenna or tower. However, the tower owner may post a sign designating a person to contact in an emergency, together with the person's telephone number and address.
(14)
Metal towers. Metal towers shall be constructed with corrosion-resistant material.
(15)
No interference. Towers shall not interfere with television or radio reception on surrounding properties.
(16)
Paving requirement. All parking and driving areas must be paved as provided in this chapter.
F.
Special land use permits.
(1)
General. The following provisions shall govern the issuance of special use permits for towers or antennas by the Planning Commission.
(a)
If the tower or antenna is not a permitted use, then a special land use permit shall be required for the construction of a tower or the placement of an antenna in any zoning district.
(b)
Applications for special use permits under this section shall be subject to the general procedures and requirements of this chapter for special uses, except as modified in this section.
(c)
In granting a special use permit, the Planning Commission may impose such conditions that the Planning Commission concludes are necessary to minimize any adverse effect of the proposed tower or antenna on adjoining properties.
(d)
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. Such an engineer shall certify that the tower or antenna will be structurally sound and will comply with all applicable building and other construction code requirements.
(2)
Processing special use applications.
(a)
Information required. Applicants for a special use permit for a tower or an antenna shall submit the following information, in addition to any other information required by this chapter.
[1]
A scaled site plan showing the location, type and height of the proposed tower or antenna; on site land uses and zoning; adjacent land uses and zoning (even if adjacent to another municipality); Land Use Plan classification of the site and all properties within the applicable separation distances set forth in Table 2 in this section; adjacent roadways; proposed means of access; setbacks from property lines; elevation drawings of the proposed tower or antenna and any other structures; topography; parking; and other information deemed necessary by the Zoning Administrator or Planning Commission to assess compliance with this chapter.
[2]
Legal description of the lot and the leased portion of the lot (if applicable), together with a copy of the deed or lease pertaining to that lot.
[3]
The setback distance between the proposed tower or antenna and the nearest dwelling, platted residentially zoned properties and unplatted residentially zoned properties.
[4]
The separation distance from other towers or antennas described in the inventory of existing sites.
[5]
The type of construction of those existing towers or antennas, and the owners/operators of those existing towers and antennas, if known.
[6]
A landscape plan showing specific landscape materials.
[7]
Method of fencing, finished color and, if applicable, the method of camouflage and illumination.
[8]
A description of compliance with the requirements of this section, and of all applicable federal, state, county or City laws, regulations, and ordinances.
[9]
A notarized statement by the applicant for a tower, indicating if the tower will accommodate collocation of additional antennas for future users.
[10]
A description of services to be provided by the proposed new tower or antenna, and any alternative ways to provide those services without the proposed new tower or antenna.
[11]
A description of feasible location(s) of future towers or antennas within the City based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower or antenna is erected.
(b)
Factors considered in granting special use permits for towers or antennas. In addition to any other standards specified in this chapter for considering special use permit applications, the Planning Commission shall consider the following factors in determining whether to issue a special use permit under this section.
[1]
Height of proposed tower or antenna;
[2]
Proximity of the proposed tower or antenna 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 proposed tower or antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
[7]
Proposed ingress and egress to the proposed tower or antenna;
[8]
Availability of suitable existing towers or antennas, alternative tower structures, other structures, or alternative technologies not requiring the use of towers or antennas or other structures, as discussed below in this section;
[9]
The effect of the proposed tower or antenna;
[10]
The zoning and use of surrounding properties and the surrounding neighborhood; and
[11]
Whether or not the proposed tower or antenna is located in zoning district or on structures where the City intends at least most towers and antennas in the City to be located, as subsequently described in this section.
(c)
City intentions concerning the location of most if not all towers and antennas. The City intends that most if not all towers and antennas will be located as described below.
[1]
The City encourages the location of towers and antennas, including the placement of additional buildings or other supporting equipment used in connection with them, in the E Zoning District.
[2]
The City encourages the location of antennas on existing structures or towers consistent with the terms of Subsections F(2)(c)[2][a] and [b] below.
[a]
The City encourages antennas on existing structures which are towers, as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight or more dwelling units, provided the antenna does not extend more than 30 feet above the highest point of the structure;
[b]
The City encourages antennas on existing towers, provided that:
[i]
A tower which is modified or reconstructed to accommodate the collocation of one or more additional antennas shall be of the same tower type as the existing tower or monopole;
[ii]
A tower which is modified or reconstructed to accommodate the collocation of additional antennas may be modified or rebuilt to a taller height, not more than once per tower and not to exceed 30 feet over the tower's existing height (this additional height shall not require an additional distance separation per Table 2 of this section; rather the tower's pre-modification height shall be used to calculate such distance separations); and
[iii]
A tower which is modified or reconstructed to accommodate the collocation of an additional antenna may be moved on site within 50 feet of its existing location, provided that only one tower remains on the lot (a relocated tower shall continue to be measured from its original location for purposes of calculating separation distances between towers pursuant to Table 2 of this section).
[c]
Availability of suitable existing towers, antennas, alternative tower structures, other structures, or alternative technology. No new tower or antenna shall be permitted unless the applicant demonstrates to the Planning Commission that no existing tower, antenna, alternative tower structure or alternative technology can provide the services sought by the applicant without the erection of the applicant's requested new tower or antenna. Evidence that no existing tower, antenna, alternative tower structure, or alternative technology can provide the services sought by the applicant may consist of the following.
[i]
The applicant could demonstrate that no existing towers, antennas, alternative tower structures, alternative technology or other structures are available within the geographical area which meet the applicant's engineering requirements.
[ii]
The applicant could demonstrate that existing towers, antennas, alternative tower structures, or other structures are not of sufficient height to meet the applicant's engineering requirements, and that their height cannot be increased to meet such requirements.
[iii]
The applicant could demonstrate that existing towers, alternate tower structures, or other structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment, and that their strength cannot practically be increased to provide that support.
[iv]
The applicant could demonstrate that the proposed antenna would cause electromagnetic interference with existing towers or antennas, or that existing towers or antennas would cause interference with the applicant's proposed antenna.
[v]
The applicant could demonstrate that the costs to collocate an antenna exceed the costs of erecting a new tower or antenna.
[vi]
The applicant could demonstrate that there are other limiting factors that render existing towers, antennas, alternative tower structures, and other structures unsuitable.
[vii]
The applicant could demonstrate that an alternative technology that does not require the use of towers or antennas is cost prohibitive or unsuitable.
[d]
Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required.
[i]
Towers must be set back a distance equal to at least 75% of the height of the tower from any adjoining lot line. The setback is measured from the perimeter or outside edge of the base of the tower.
[ii]
Guys and accessory buildings must satisfy the minimum setback requirements for the applicable zoning district.
[e]
Separation. The following separation requirements shall apply to all towers for which a special use permit is required.
[i]
Separation of towers from off-site uses/designated areas.
[A]
Tower separation shall be measured from the perimeter or outside edge of 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. The separation distance shall be measured by drawing or following a straight line between the base of the proposed tower and the off-site uses or designated areas, pursuant to a site plan of the proposed tower.
[B]
Separation requirements for towers shall comply with the minimum standards (listed in linear feet) established in the table below.
Table 1: Separation Requirements | |
|---|---|
Off-Site Use/Designated Area | Separation Distance2 |
Single-family or two-family dwelling units1 | 200 feet or three times the height of the tower, whichever is greater |
Unimproved land which is platted, has preliminary subdivision plan approval which is not expired, or has PUD approval which is not expired | 200 feet or three times the height of the tower, whichever is greater |
Other unimproved residentially zoned lands3 | 100 feet or the height of the tower, whichever is greater |
Existing multiple family dwelling units | 100 feet or the height of the tower, whichever is greater |
Nonresidentially zoned lands or nonresidential uses, if not covered by any of the above categories | None; only setbacks established by this chapter apply |
1 | Includes modular homes and manufactured homes used for living purposes. |
2 | Separation measured from base of tower to closest building setback line. |
3 | Includes any unplatted residentially zoned properties without a preliminary subdivision plan or development approval and any RM Zoning District land. |
[ii]
Separation distances between towers.
[A]
Separation distances between towers shall be applicable for and measured between the proposed tower and pre-existing 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.
[B]
Separation distances between towers shall comply with the minimum distances (listed in linear feet) established in the table below.
Table 2: Separation Distances Between Towers | |
Proposed Tower | Required Minimum Distance |
Lattice | 5,000 feet |
Guyed | 5,000 feet |
Monopole 75 feet in height or greater | 1,500 feet |
Monopole less than 75 feet in height | 750 feet |
[f]
Security fencing. Towers for which a special use permit is required shall be enclosed by security fencing not less than six feet in height. The towers shall also be equipped with appropriate anti-climbing devices.
[g]
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required. The required landscaping shall be maintained for the duration of the special use permit.
[i]
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property then used for dwellings, single-family, two-family or multiple family, or included in a residential zoning district. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
[ii]
Existing mature tree growth and natural landforms on site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, the Planning Commission may include that natural growth around the property perimeter may be a sufficient buffer.
G.
Removal of abandoned antennas and towers. Notwithstanding anything to the contrary elsewhere in this chapter, 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 City notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within 90 days shall be grounds for the City to proceed under applicable State of Michigan law 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.