Grosse Ile Township
City Zoning Code
City Zoning Code
ARTICLE 19
General Provisions
[Ord. No. 235A, effective 11-24-1996; Ord. No. 272, effective 8-29-1999; Ord. No. 293, effective 9-24-2000]
285-19.1 Scope of application.
The standards and regulations listed in this article shall apply to all uses, buildings and structures within all zoning districts unless otherwise addressed.
285-19.2 Voting place.
The provisions of this chapter shall not be construed to interfere with the temporary use of any property as a voting place in connection with a Township, school or other public election.
285-19.3 Principal building, structure or use.
No zoning lot may contain more than one principal building, structure or use, except groups of multiple-family dwellings under the same ownership, condominium developments, mobile or manufactured housing parks, shopping centers or office and industrial complexes.
285-19.4 Single-family dwelling design standards.
Single-family dwellings in any zoning district, whether manufactured homes or site ("stick") built homes, located outside a mobile home park shall conform to the residential design standards of § 285-3.4E in addition to the Township Building Code.[1]
[1]
Editor's Note: See Ch. 40, Building Construction.
285-19.5 Uses not otherwise included within a district.
[Amended 11-13-2006 by Ord. No. 06-07; 12-13-2010 by Ord. No. 10-05]
A land use which is not cited by name as a permitted use in a zoning district may be permitted upon determination by the Planning Commission that such use is clearly similar in nature and compatible with the principal uses permitted by right, special land use, or as a permitted accessory use listed in that district. Such determination shall be made at a public hearing, with notice given following the procedures contained in Article 22. Such public hearing shall not replace the requirement for a separate public hearing to consider special land use approval, following the procedures and requirements of Article 22, if such use is determined to be a special land use. The applicant shall be required to submit pertinent information on the physical and operational characteristics of the proposed use and any additional information that may be requested by the Planning Commission. In making a determination of similarity and compatibility with the listed uses in that district, the Planning Commission shall consider the following:
A.
Determination of compatibility. In making the determination of compatibility, the Planning Commission shall consider specific characteristics of the use in question and compare such characteristics with those of the uses which are expressly permitted by right or special land use in the district. Such characteristics shall include, but are not limited to, traffic generation, parking, types of service offered, types of goods produced, methods of operation, and building characteristics.
B.
Conditions by which use may be permitted. If the Planning Commission determines that the proposed use is compatible with permitted uses in the district, the Commission shall decide whether the proposed use is most similar to those permitted by right, as a special land use, or as a permitted accessory use. The proposed use shall be subject to the review and approval requirements for the district in which it is located. The Planning Commission shall have the authority to establish additional standards and conditions under which a use may be permitted in a district.
C.
Use provided for in other district. No use shall be permitted in a district under the terms of this section if said use is specifically listed as a use permitted by right or as a special land use in any other district.
D.
Prohibited uses. Certain uses may not be appropriate within the Township of Grosse Ile given the existing development pattern, environmental condition, limited road access to the island and overall character in the community. In accordance with the Michigan Zoning Enabling Act, Public Act 110 of 2006, a zoning ordinance or zoning decision can prohibit establishment of a requested land use within a Township upon a finding that there is not an appropriate location within the Township or the use is unlawful, even if there is a demonstrated need for that land use in the Township or surrounding area. In finding that there is no appropriate location for the use within the Township, the Planning Commission shall consider the following:
(1)
The land area required by the proposed use;
(2)
Existing environmental conditions and potential environmental hazards;
(3)
The potential impact on surrounding properties in terms of traffic, noise, lighting, property valuation and views;
(4)
Demand and capacity of utilities and municipal services to support the proposed use; and
(5)
The applicant cannot demonstrate to the satisfaction of the Planning Commission that there is not an alternative land use that will provide the property owner with a reasonable rate of return on investment.
E.
Other laws and ordinances: Any use that would constitute a violation of any other federal, state or local law or regulation shall be prohibited.
285-19.6 Yard and bulk regulations and exceptions.
[Amended 7-23-2007 by Ord. No. 07-02]
All lots, buildings, and structures shall comply with the following general yard and bulk regulations unless specifically stated otherwise in this chapter:
A.
General compliance.
(1)
Every building hereafter erected on a lot or parcel of land created subsequent to the effective date of this chapter shall comply with the lot size, lot coverage, and setback requirements for the district in which it is located.
(2)
No yards in existence on the effective date of this chapter shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this chapter. The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located for as long as the building is in existence.
B.
Exceptions to required yards. The following structures and projections shall be permitted when located in the required yards, as specified:
(1)
In all required yard setbacks, the following shall be permitted:
(a)
Awnings and canopies that project two feet or less into the required yard;
(b)
Steps or access ramps necessary for access that are four feet or less above grade;
(c)
Driveways, sidewalks, pathways, and boardwalks two feet or less above grade;
(d)
Chimneys that project two feet or less into the required yard;
(e)
Approved freestanding signs;
(f)
Arbors and trellises;
(g)
Flagpoles;
(h)
Window air-conditioning units;
(i)
Fences and walls, except in waterfront yards and subject to applicable restrictions set forth herein; and
(j)
Landscape materials that are in compliance with § 285-19.8, Corner clearance.
(2)
Residential lots or parcels fronting onto the Detroit River or a canal and abutting a public or private road shall maintain the yard (both required and non-required yard) which fronts on the water as an open, unobscured yard, except that a boat port or boat dock/well, a swimming pool and other allowable waterfront structures shall be permitted in accordance with Article 17.
(3)
In required front yard setbacks the following shall be permitted:
(a)
Open paved terraces not over three feet above the average grade of the adjoining ground and not projecting farther than 10 feet into the required front yard setback, but not including roofed-over terraces or porches; and
(b)
Bay windows, overhanging eaves, and other architectural features which project three feet or less into the required front yard setback.
(4)
In required side yard setbacks; bay windows, overhanging eaves and other architectural features which project no more than two inches for each one foot of width of the side yard setback shall be permitted, provided that such features shall not project farther than three feet into the required side yard setback and such features shall maintain a minimum separation of 10 feet from any building or other such feature on an adjacent property.
(5)
In required rear yard setbacks, open paved terraces, decks and open porches not over three feet above the average grade of the adjoining ground and not projecting farther than 10 feet into the required rear yard setback shall be permitted. Roofed-over terraces or porches, bay windows, overhanging eaves, and other architectural features which project three feet or more into the required rear yard setback shall be subject to the requirements for principal buildings.
C.
Permitted height. No structure shall be erected, converted, enlarged, reconstructed or structurally altered subsequent to the effective date of this chapter to exceed the maximum height established for the district in which the structure is located, except as follows:
(1)
Chimneys, church spires, cupolas, domes, towers, water tanks, chimneys, smokestacks and monuments may be erected to a height up to 60 feet, as shown on an approved site plan.
(2)
Flag poles may be up to 40 feet tall.
(3)
Structural extensions appropriate to the building design, such as cornices and pediments, may be up to five feet above the stated height limit of the zoning district, as shown on an approved site plan.
(4)
Mechanical equipment, including elevator housings, stairways, tanks, heating, ventilation and air-conditioning equipment, and other similar equipment, located on the roof of any building shall comply with the height limit established for the district in which the structure is located and the following standards:
(a)
All such equipment shall be screened from view at the property line by a pediment, solid wall or architectural feature that is constructed of the same material and compatible in appearance with the principal building.
(b)
Roof-mounted equipment shall not exceed a height of 10 feet above the surrounding roof surface, and shall occupy no more than 15% of the total roof area.
285-19.7 Road frontage.
A.
No structure shall be erected on property which does not directly abut for at least 60 feet upon a public road right-of-way or a private road that complies with the requirements of Chapter 205, Roads and Driveways, of the Municipal Code, except within the R-1-C Single-Family Residential District and Macomb Street District where the minimum frontage requirement shall be 40 feet.
B.
No land which is located in a residential district shall be used for a driveway or other access to land which is located in a nonresidential district.
285-19.8 Corner clearance.
No fence, wall, structure, or planting shall be erected, established, or maintained on any corner lot which will obstruct the view of drivers in vehicles approaching the intersection. Fences, walls, structures, or plantings located in the triangular area described below shall not be permitted to exceed a height of 30 inches above the lowest point of the intersecting road(s). The unobstructed triangular area is described as follows:
A.
The area formed at the corner intersection of two road right-of-way or easement lines, the two sides of the triangular area being 30 feet in length measured along abutting public right-of-way lines, and the third side being a line connecting these two sides; or
B.
The area formed at the corner intersection of a road right-of-way or easement and a driveway, the two sides of the triangular area being 10 feet in length measured along the right-of-way line and edge of the driveway, and the third side being a line connecting these two sides.
285-19.9 Entrance features.
In all districts, so-called entranceway structures, including but not limited to walls, columns, and gates marking entrances to single-family subdivisions or multiple-family housing projects, office complexes, shopping centers and industrial parks, may be permitted. Such entrance features may be located in a required yard, provided such entranceway structures meet the requirements of § 285-19.8, Corner clearance, and are approved by the Department of Community Development. A permit from the Wayne County Department of Public Services shall be required if the entrance feature is in the public right-of-way.
285-19.10 Essential services.
Essential services shall be permitted as authorized and regulated by state, federal, and local ordinances and laws. Proposals for construction of essential services shall be subject to review, following the procedures and requirements of Article 21 and Article 22, as applicable, it being the intention of the Township to achieve efficient use of the land and alleviate adverse impact on nearby uses or lands. Essential services shall comply with all applicable regulations that do not affect the basic design or nature of operation of said services.
285-19.11 Accessory structures and uses.
[Amended 1-13-2003 by Ord. No. 03-01.5; 7-23-2007 by Ord. No. 07-02]
Accessory structures and uses shall comply with the following regulations:
A.
Timing of construction. No accessory structure or use shall be constructed or established on a parcel unless there is a principal building, structure, or use being constructed or already established on the same parcel of land.
B.
Attached accessory structures. Accessory structures attached to the principal building or structure shall be considered part of the principal building for the purposes of determining conformance with area, setback and bulk requirements. Detached accessory structures shall be no less than 10 feet from the principal building or structure.
C.
Permitted number of accessory buildings. Only one detached accessory building per principal structure is allowed.
D.
Detached accessory structure location. Detached accessory structures shall meet the following location requirements:
[Amended 11-14-2022 by Ord. No. 22-04]
Type of Lot | Floor Area of Accessory Building (square feet) | Yard Permitted | Minimum Setback Required |
|---|---|---|---|
Internal lot | 900 or less | Rear yard | Side yard: 6 feet Rear yard: 6 feet |
Greater than 900 up to 1,200(a) | Rear yard | Side yard: principal building setback requirement Rear yard: principal building setback requirement | |
Greater than 1,200(a) | Rear yard | Side yard: height of accessory building Rear yard: principal building setback requirement | |
Corner lot | 900 or less | Rear yard | Side yard: 6 feet Rear yard: 6 feet Side street: equal to or greater than the principal building |
Greater than 900 up to 1,200(a) | Rear yard | Side yard: principal building setback requirement Rear yard: principal building setback requirement Side street: equal to or greater than the principal building | |
Greater than 1,200(a) | Rear yard | Side yard: height of the accessory building Rear yard: principal building setback requirement Side street: equal to or greater than the principal building | |
Through lot or double frontage lot | 120 maximum | Side yard Secondary front yard | Side yard: principal building setback requirement Secondary front yard: principal building setback requirement |
Waterfront lot - other than listed below | 120 maximum | Side yard Waterfront yard | Side yard: principal building setback requirement Waterfront yard: may not be located in the average shoreline setback, except for waterfront structures permitted in Article 17 |
Waterfront lot - R-1-B District fronting Thorofare Canal | 120 maximum | Side yard Waterfront yard | Side yard: 6 feet Waterfront yard: 25 feet from the shoreline, except for waterfront structures permitted in Article 17(b), (c) |
Waterfront lot - R-1-F Hickory Island | 900 or less | Street front yard | Side yard: 3 feet Street front yard: 15 feet |
NOTES: | |
|---|---|
(a) | Accessory buildings larger than 900 square feet shall only be allowed subject to the requirements of Subsection E below. |
(b) | Such buildings shall have a maximum height of 10 feet. |
(c) | The Zoning Administrator may reduce the shoreline setback based upon property conditions, neighborhood character, and the established setback of similar structures on adjacent properties. |
Where a reduction is not granted or it is unclear that one is warranted, the Zoning Administrator may forward the request to the Planning Commission for their review/approval. | |
E.
Detached accessory structure area and height. Detached accessory buildings and structures shall meet the following maximum floor area and height requirements:
(1)
On lots with an area less than 30,000 square feet, the height of detached accessory buildings and structures shall not exceed one story and 12 feet. The cumulative square footage of all detached accessory structures and buildings shall not occupy more than 25% of the rear yard and shall not exceed 900 square feet in area.
(2)
On lots with an area of 30,000 square feet or more, the area of accessory buildings shall be a maximum of 1,200 square feet and the height shall be a maximum of 15 feet. A half-story is allowed within the roofed area above the main floor, provided that it shall only be used for storage. The roof shall be a pitched roof with the gable ends at the short sides of the building.
(3)
On lots with an area of 43,560 square feet or more, the maximum allowable area of accessory buildings shall be 1,400 square feet, and the maximum height shall be 17 feet. A half-story is allowed within the roofed area above the main floor, provided it shall only be used for storage. The roof shall be a pitched roof with the gable ends at the short sides of the building.
[Amended 4-19-2012 by Ord. No. 12-02]
(4)
The Planning Commission may grant approval to allow an accessory building larger than the above maximum floor area where the following conditions are met. The public hearing procedures and standards of Article 22, Special Land Use Review, shall be followed, except that the Planning Commission shall be the approval authority.
(a)
The lot shall have an area of at least 30,000 square feet.
(b)
The accessory building shall be screened from view of adjacent lots through a combination of setback, existing vegetation and proposed landscaping, as depicted on a landscape plan.
(c)
The accessory building shall meet principal building rear yard setbacks and be set back from the side lot lines a distance at least equal to the height of the accessory building.
[Amended 4-19-2012 by Ord. No. 12-02]
(d)
The architecture shall be compatible with the principal building, including architectural style, detailing and roof pitch. The Planning Commission may require dormers or other features to break up the mass of the roof.
(5)
On waterfront lots within the R-1-F District, the ground floor area of detached accessory buildings shall be a maximum of 900 square feet and the height shall be a maximum of 15 feet. A half-story is allowed within the roofed area above the main floor.
F.
Use of accessory buildings. An accessory building shall not be used as a dwelling. Residential plumbing shall not be installed within accessory buildings. Accessory buildings shall not be used for a home occupation or any business within a residential zoning district.
G.
Conformance with lot coverage standards. Accessory buildings and structures shall be included in computations to determine compliance with maximum lot coverage standards.
H.
Site plan approval. If submission of a site plan for review and approval is required, then said plan shall indicate the location of proposed accessory structures and uses.
I.
Location of potential nuisances.
[Amended 4-19-2012 by Ord. No. 12-02]
(1)
Accessory uses and related structures that could produce noise, odors, or other nuisances, such as, but not limited to, household animal enclosures, dog runs, storage of wood, yard composting and storage of maintenance equipment, shall be located in the rear yard behind the principal structure.
(2)
Mechanical equipment, such as central air-conditioning units, heat pumps and generators shall be located in the rear yard behind the principal structure, except that the Zoning Administrator may allow placement in the nonrequired side yard where a rear yard location is not practical and adequate screening is provided from the adjacent property.
(3)
Wood-burning furnaces located in an accessory structure shall be prohibited.
J.
Conformance with zoning district standards. Accessory buildings and structures shall be subject to the provisions set forth in the particular zoning district.
K.
Fences. Fences shall comply with Chapter 103 of the Municipal Code, Fences.
285-19.12 Noncommercial communication antennas.
Communication antennas or towers, including radio, television, satellite dishes and other accessory noncommercial transmitting, relay or reception antennas below 300 watts of output, shall be permitted provided that such antennas conform to the provisions of this section and other applicable Township codes. Television, radio antennas and satellite dishes are exempted from the regulations of this section provided the diameter is one meter (39.4 inches) or less in any zoning district that permits residential and two meters (78.8 inches) or less in any zoning district that does not permit residential.
A.
Only one antenna shall be permitted on each single-family residentially zoned parcel for personal use by the occupant of the residence, in addition to one traditional residential television antenna.
B.
Antennas, towers or satellite dish antennas shall be located in a side or rear yard only.
C.
Ground-mounted satellite dish antennas shall be obscured from the view of the public right-of-way and adjacent properties by a screening wall or fence, evergreen plantings, or a combination of the above.
D.
Antennas shall not be located where they will block fire lanes or utility easements.
E.
The setbacks for such antennas from all lot lines shall be a distance equal to the height of such antennas, provided that no portion of an antenna, including a satellite dish antenna, shall be located closer than six feet, measured on a horizontal plane, to any side or rear lot line.
F.
The diameter of antennas and satellite dishes shall not exceed 10 feet.
G.
No advertising or identification display shall be placed on any portion of an antenna or tower, including a satellite dish antenna.
H.
Roof-mounted antennas shall be subject to the following conditions:
(1)
For the purposes of this section, a reception antenna regulated by this section shall be considered to be a portion of the structure.
(2)
All roof-mounted antennas must be anchored in an approved method as outlined in the Building Code.[1]
[1]
Editor's Note: See Ch. 40, Building Construction.
(3)
The antenna shall not be mounted on the front of the structure.
I.
Erection or movement of an antenna, tower or satellite dish shall require a building permit. The applicant shall submit a sketch plan to the Zoning Administrator for approval. The sketch plan shall indicate the location and height of the satellite dish and buildings, paved areas and other appropriate site features within 100 feet of the proposed location.
J.
Variances. The Zoning Board of Appeals may grant a variance from these standards upon determining compliance with the standards of this section would not provide reasonably good reception, that the variance requested is the minimum necessary to provide reasonably good reception and that any negative impact on adjacent properties shall be minimized to the maximum extent practical.
285-19.13 Commercial communication towers.
The following regulations shall be met by all commercial radio and television, microwave, mobile phone, public utility, television, and other transmitting or relay towers ("towers" hereafter). The regulations contained in this section shall not apply to antennas which are accessory to an unrelated principal use and are for personal use by the occupant(s), including radio, television, satellite dishes and other noncommercial transmitting, relay or reception antennas, provided that such noncommercial antennas meet the requirements of § 285-19.12.
A.
Towers shall be permitted in any commercial or industrial district. A site plan must be submitted for approval as outlined in Article 21, Site Plan Review. Towers which exceed the district height limit may be allowed subject to special land use approval as outlined in Article 22, Special Land Use Review. The installation of antennas to existing towers where the total height of the tower with antennas is not increased or additional lighting is not required by the Federal Aviation Administration shall be subject to administrative approval as outlined in Article 21, Site Plan Review.
B.
All towers shall meet the following conditions:
(1)
The setbacks for such towers from all abutting streets or adjacent property shall be a distance equal to the height of such tower. The setback shall be the total height of the tower and shall remain clear of any building or structure except an accessory utility building for the tower itself. If the tower is located on a lot with a building, the tower shall be located to the rear of the building.
(2)
The tower shall be approved by the Federal Aviation Administration, and all aviation hazard lighting shall be shown on the site plan.
(3)
Any lighting on the tower shall be subject to Planning Commission approval.
(4)
No signs or logo visible from off site shall be permitted on the tower.
(5)
The Planning Commission may require a security fence to prevent access to the tower.
(6)
The fenced yard surrounding the tower shall be screened with six-foot-tall evergreen trees placed every 10 feet around the perimeter of the yard.
(7)
Any utility building(s) shall be constructed of brick and have a pitched roof of at least 1:4.
(8)
The applicant shall demonstrate to the satisfaction of the Planning Commission that there are no existing towers that can practically accommodate, or be modified to accommodate, the communication equipment planned for the proposed tower.
(9)
The tower shall be constructed to allow future collocation and accommodate the maximum number of foreseeable users technically practicable. The applicant shall provide the Township with a letter of intent to lease excess space on the tower and commit the tower owner and successors to:
(a)
Respond to any requests for information from another potential shared use applicant;
(b)
Negotiate in good faith and allow for leased shared use if an applicant demonstrates that it is technically practicable; and
(c)
Make no more than a reasonable charge for a shared use lease.
(10)
The structural plans must be approved by the Township Engineer.
285-19.14 Waste receptacles.
Receptacles, including waste receptacles, waste compactors, and recycling bins, shall be designed, constructed and maintained according to the standards of this section. Waste receptacle location and details of construction shall be shown on site plans. A change in receptacle location or size shall require modification to the enclosure, as warranted by this section.
A.
Waste receptacles shall be located in the rear yard or non-required side yard (i.e., not within the minimum side yard setback), unless otherwise approved by the Planning Commission. Waste receptacles shall be as far as practical, and in no case less than 20 feet, from any residential district and located so that they are not easily damaged by the refuse device. The location and orientation of the waste receptacle and enclosure shall minimize the potential for the waste receptacle to be viewed from a public street or adjacent residential districts.
B.
Waste receptacles shall be easily accessed by refuse vehicles without potential of damaging the building or automobiles parked in designated parking spaces.
C.
The receptacle base shall be at least 10 feet by six feet, constructed of six inches of reinforced concrete pavement. The base shall extend six feet beyond the front of the waste receptacle pad or gate to support the front axle of a refuse vehicle.
D.
Waste receptacles shall meet the following standards:
(1)
Each waste receptacle shall have an enclosing lid or cover.
(2)
Waste receptacles shall be enclosed on three sides with a berm or wall meeting the requirements of Subsection D(3), below, and with a gate on the fourth side. The gate must be maintained in operable and sanitary condition, kept closed except when access is needed to the receptacle and be lockable.
[Amended 4-13-2015 by Ord. No. 15-003]
(3)
The enclosure shall be a berm or wall constructed of brick, concrete or decorative precast panel with brick effect, a wooden enclosure provided the lumber is treated to prevent decay, or an alternative material deemed acceptable by the Planning Commission. The Commission's determination shall be based on property conditions, including, but not limited to, the zoning of the property, nature of the land use, character of neighboring properties and visibility of the enclosure. Enclosures shall have a minimum height of six feet or at least one foot higher than the top of the receptacle, whichever is higher, and spaced at least three feet from the receptacle. If a wooden enclosure is proposed, suggested timber materials include Cedar, No. 2 Cedar rough sawn seasoned, Redwood, No. 2 Common Finish (S4S), Douglas Fir-larch or Southern Pine. Posts shall be set in concrete 42 inches below grade. Posts shall be either six-inch-by-six-inch pressure-treated wood or three-inch diameter galvanized steel posts.
[Amended 4-13-2015 by Ord. No. 15-003]
(4)
Spacing between the enclosure and any part of the receptacle shall not be less than two feet, and bollards, curbing or similar protective devices may be required by the Planning Commission to prevent damage to the enclosure.
[Amended 4-13-2015 by Ord. No. 15-003]
(5)
The enclosure shall be screened with five-foot-high evergreens planted a minimum of six feet apart wherever the enclosure wall is visible to a public street or residential district.
[Amended 4-13-2015 by Ord. No. 15-003]
285-19.15 Home occupations.
A.
Requirements. Home occupations shall be subject to the requirements of the zoning district in which they are located, as well as the following standards:
(1)
Home occupations must be clearly incidental to the use of the dwelling as a residence.
(2)
No outdoor display or storage of materials, goods, supplies, or equipment used in the home occupation shall be permitted on the premises.
(3)
The appearance of the principal structure shall not be altered, nor shall the home occupation be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or signs or the emission of sounds, noises, or vibrations.
(4)
Only the residents of the dwelling unit may be engaged in the home occupation.
(5)
No home occupation shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure.
(6)
No home occupation shall cause an increase in the use of any one or more utilities (water, sewer, electricity, trash removal, etc.) such that the combined total use for the dwelling unit and home occupation would exceed the average for residences in the neighborhood.
(7)
No signs are permitted for a home occupation.
(8)
A home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be generated within the same residentially zoned district in Grosse Ile Township.
B.
Uses prohibited as home occupations.
(1)
The following uses, by the nature of their operation, have a pronounced tendency to increase in intensity beyond the limits permitted for home occupations, thereby impairing the reasonable use and value of surrounding residential properties. Therefore, the following uses shall not be permitted as home occupations:
(a)
Animal hospitals or kennels;
(b)
Vehicle and engine repair businesses or storage;
(c)
Antique shops;
(d)
Barbershops and beauty parlors;
(e)
Clinics and hospitals;
(f)
Private clubs;
(g)
Landscape installation and maintenance businesses, including lawn mowing businesses;
(h)
Snowplowing and tree removal businesses;
(i)
Concrete contractors;
(j)
Trailer rental;
(k)
Restaurants and tea rooms;
(l)
Tourist homes and bed-and-breakfast operations; and
(m)
Repair shops and service establishments.
(2)
Uses that have similar negative impacts on a residential area to those listed above, as determined by the Planning Commission, shall also be prohibited.
285-19.16 Keeping of animals.
A.
The keeping of up to three domesticated household pets over one pound and over six months of age, including dogs, cats, birds, and other animals generally regarded as household pets, is permitted as an accessory use in any single-family detached dwelling; the keeping of one such domesticated household pet is permitted in an attached dwelling unit. These standards are based on the intensity of use. Such activity shall be in compliance with the regulations of the Wayne County Health Department and other ordinances, deeds or development bylaws.
B.
The keeping of horses and other equines is permitted in any single-family residential zoning district, subject to the limitations and conditions contained in Chapter 130, Horses, of the Municipal Code. The keeping of livestock other than horses and other equines is prohibited in all zoning districts, except as may be authorized in the Public Recreation District (PRD) in accordance with § 285-11.2, Permitted uses.
[Amended 4-19-2012 by Ord. No. 12-02]
C.
The keeping of nondomesticated animals, such as wild and exotic animals, and the keeping of vicious animals is prohibited in all zoning districts.
285-19.17 Temporary structures and uses.
[Amended 10-13-2025 by Ord. No. 25-04]
Unless otherwise specified in this chapter, temporary buildings, structures and uses shall comply with the following requirements. A temporary building or structure shall not be used as an accessory building or structure.
A.
Residential use.
(1)
A temporary building or structure which could be used on a temporary basis, such as a house trailer, basement, tent, shack, garage, barn, or other outbuilding, shall not be used as a residence on any parcel without prior approval of the Zoning Board of Appeals. Approval by the Zoning Board of Appeals shall be for a period not to exceed six months with a single six-month extension allowed with approval by the Zoning Board of Appeals. A structure which has not been completed according to approved plans shall not be issued a certificate of occupancy and shall not be occupied or otherwise used.
(2)
A building or structure may be approved for temporary residential use only while damage to the principal dwelling due to fire, flood, ice, wind, or other natural disaster is being repaired under an approved building permit.
B.
Nonresidential use. Temporary buildings for nonresidential use, including semitrucks/trailers, shall be permitted only when the intended use is by a contractor or builder in conjunction with a construction project under an approved building permit. Such temporary structures shall be removed immediately upon completion of the construction project prior to issuance of a certificate of occupancy.
C.
Performance guarantee. A performance guarantee in the form of a cash escrow and in an amount set by resolution of the Township Board shall be required to ensure proper and complete removal and cleanup of all temporary buildings upon completion of the project.
285-19.18 Bed-and-breakfast inns.
The following standards apply to bed-and-breakfast inns which are special land uses within the Airport District and permitted principal uses in the Macomb Street District:
A.
Such dwelling shall meet all applicable codes and ordinances of the Township, County of Wayne and State of Michigan.
B.
Floor plans drawn to scale of all floors to be utilized for bed-and-breakfast activities shall be submitted to the Planning Commission.
C.
The dwelling shall be suitable in character for the use proposed, shall not be cause for a change in character of the neighborhood and shall have a facade style consistent with surrounding principal buildings.
D.
The dwelling shall be the permanent residence of the bed-and-breakfast operator. The bed-and-breakfast shall employ only those living in the house or up to one additional employee.
E.
The dwelling shall be a single-family dwelling which contributes to the historical significance of the district, with not more than eight sleeping rooms available for guests of the bed-and-breakfast dwelling.
F.
The site shall meet the minimum requirements of the single-family residential districts. The bed-and-breakfast operator's living area shall be a minimum of 900 square feet (not including the bedroom and bathroom facilities of the bed-and-breakfast occupants).
G.
There shall be no separate cooking facilities provided for the bed-and-breakfast occupants. Meals, other than those served as a part of the normal operation of the household, shall be served only to occupants of the bed-and-breakfast facility.
H.
Occupancy shall be of a transient nature, for periods not to exceed four weeks within a given one-year period.
I.
An unlighted sign meeting the requirements of Article 16, Sign Regulations, may be provided. Such sign may be provided as a ground sign or a wall sign.
J.
Off-street parking shall be provided based upon space for each rental room and two spaces for the operator of the facility. It is the Township's intent to discourage the alteration to yards, removing of landscaping or the intruding upon the integrity of the neighborhood altered in order to provide parking. In those instances where required parking cannot be provided on site in compliance with these standards, the applicant may request special consideration from the Planning Commission. In such a case, the applicant shall submit an analysis of parking required and parking provided within a three-hundred-foot radius of the subject parcel. After analyzing these data, the Planning Commission may reduce the number of the required parking spaces if it is established that sufficient off-street parking exists in the neighborhood.
K.
Adequate lavatories and bathing facilities shall be provided to all guests, and a minimum of one bathroom per floor is required for all bed-and-breakfast operations.
L.
A bed-and-breakfast dwelling establishment shall be considered to have ceased operation when active rental of the facility lapses for six months or more.
M.
The operator must first obtain a license from the Township of Grosse Ile to operate a bed-and-breakfast dwelling.
N.
A bed-and-breakfast operation shall be confined to the single-family dwelling unit that is the principal dwelling unit on the property. No premises shall be utilized for a bed-and-breakfast operation unless the following conditions are met:
(1)
Minimum exits. There shall be at least two exits to the outdoors from such premises.
(2)
Size of sleeping rooms. Rooms utilized for sleeping shall have a minimum size of 100 square feet for two occupants, with an additional 30 square feet for each additional occupant to a maximum of four occupants per room.
(3)
Smoke detectors. Each sleeping room used for the bed-and-breakfast operation shall have a separate smoke detector alarm, installed in accordance with the applicable Building Code requirements.[1]
[1]
Editor's Note: See Ch. 40, Building Construction.
(4)
Lavatory facilities. Lavatory and bathing facilities shall be available to all persons using any bed-and-breakfast operation.
285-19.19 Lighting.
A.
General. All lighting shall be in conformance with the adopted Building and Electrical Codes of the Township.[1]
[1]
Editor's Note: See Ch. 40, Building Construction.
B.
Shielding.
(1)
Lighting shall be placed and shielded to direct the light onto the site and away from adjoining properties or across the street. The lighting source shall not be directly visible from adjoining properties or across the street. Lighting shall be shielded so that it does not cause glare for motorists. Light output shall be limited to 2.5% of fixture luminosity at a height equal to the light. This requirement may be waived for ornamental lighting which is part of an overall architectural theme, as approved by the Planning Commission. Bollard lights are permitted to light driveways and pedestrian areas. Light shall not exceed more than 0.5 footcandle at a residential property line. Light shall not exceed more than 1.0 footcandle at a nonresidential property line.
(2)
Lighting used for illumination of the exterior of buildings shall be placed and shielded so as not to interfere with the vision of persons on adjacent roads or adjacent properties.
C.
Height. Light fixtures shall have a maximum height of 20 feet where adjacent to a residential district. Light fixtures shall have a maximum height of 25 feet where adjacent to nonresidential districts. Such height shall be measured from the ground adjacent to the pole to the center of the light fixture.
D.
Photometric plan. During site plan review, the Planning Commission may require the submission of a photometric plan prepared by an electrical engineer graphically illustrating the planned layout and footcandles of the site lighting. The evaluation of the photometric plan is intended to permit the Planning Commission to determine potential adverse effects the site lighting may have on adjoining properties and motorists. Compliance with the lighting design criteria shall be demonstrated by submitting the following for review:
(1)
Lighting plan showing light fixture locations and type designations;
(2)
Photometric plan for an empty and full parking lot showing horizontal luminance levels for all lighting, including canopy lighting, in a point-by-point format with contour lines;
(3)
Lighting equipment specifications and data sheets; and
(4)
Any other presentations required to convey the intent of the design.
E.
Signs. Signs shall be illuminated in accordance with the regulations set forth in Article 16, Sign Regulations.
285-19.20 Safety provisions.
A.
Public service access. All structures shall be provided with adequate access for fire, police, sanitation and public works vehicles.
B.
Fire protection. All structures constructed after the effective date of this chapter shall be provided with adequate fire protection, including adequate water supply for fire-fighting purposes, adequate internal fire suppression system, use of fire walls and fireproof materials, and other fire protection measures deemed necessary by the Township Fire Chief.
C.
Excavations and holes. Excavations and holes created in conjunction with a construction project shall be adequately barricaded and illuminated if not filled in at the end of the working day. Where such excavations or holes are located in a public right-of-way, it shall be the responsibility of the contractor to notify the Police Department of their existence.
D.
Building demolition. Before a building or structure is demolished, the owner, wrecking company, or person who requests the demolition permit shall notify all utilities providing service to the building. A demolition permit shall not be issued until all utilities have provided notification that service has been properly terminated.
E.
Duration of building construction. Construction of any structure that requires a building permit must commence within the limits established by the Township Building Code.[1] All exterior construction, site grading and landscaping must be completed within two years of the date construction commenced. The applicant may request a one-year extension from the Zoning Board of Appeals, provided a written request is received before the expiration date and the structure(s) and site comply with current standards (i.e., any amendments to this chapter since the building permit was issued).
[1]
Editor's Note: See Ch. 40, Building Construction.
285-19.21 Lot splits and consolidations.
A.
Intent. The purpose of this section is to establish the conditions under which parcels of land may be divided or consolidated for the purposes of sale, development, or use.
(1)
Parcels and tracts. The division of parcels or tracts that are not part of a recorded plat shall not exceed four, provided additional splits may be allowed based upon the standards contained in Section 108 of the Michigan Land Division Act (Public Act 288 of 1967, as amended).
(2)
Recorded plats. Notwithstanding the above and pursuant to Section 263 of the Michigan Land Division Act (Public Act 288 of 1967, as amended), a lot, outlot or other parcel of land in a recorded plat shall not be partitioned or divided into more than four parts under the provisions of this section. A division to a subdivision lot that creates more than four parts shall require approval as a subdivision under the provisions of Chapter 238, Subdivision Control, of the Municipal Code.
B.
Application requirements.
(1)
Application. An application for lot or parcel split or consolidation shall be submitted to the Community Development Department in triplicate on forms provided by the Community Development Department.
(2)
Additional submission requirements. Along with the application, a written instrument fully executed in a form legally sufficient for recording with the County Register of Deeds shall be submitted. Such instrument shall contain a legal description of all lots, parcels and outlots that will result from the division or consolidation of parcels described thereon.
(3)
Deed history. Records from the County Register of Deeds for the previous 10 years shall be submitted that detail the deed history of the lot or parcel and the parent lot or parcel sufficient to determine whether the proposed division will violate the maximum number of land divisions allowed by Act 288 of the Michigan Public Acts of 1967, as amended.
(4)
Plan or drawing. The applicant shall also submit a plan or drawing, drawn to scale by a registered engineer or surveyor, showing all of the following information:
(a)
A location map at an appropriate scale illustrating the subject lot or parcel in relationship to surrounding parcels and street system.
(b)
Name and address of the property owner and applicant if not the property owner.
(c)
Name, address and professional seal of the registered land surveyor or civil engineer who prepared the plan and easement information.
(d)
A boundary survey in accordance with Public Act 132 of 1970 of the lot or parcels illustrating dimensions.
(e)
A topographic survey by contours on USGS datum at intervals of not more than two feet may be required for lots or parcels that contain wetlands or floodplain.
(f)
Site information including the location of any shoreline, streams, public drains and boundaries of any areas which have characteristics of wetlands regulated by the United States Army Corps of Engineers, the State of Michigan or the Township and other natural or man-made features of special interest in development and use of the parcels.
(g)
The surveyed location of all buildings and structures on the lot or parcel and within 100 feet of all property lines with notes indicating if the buildings and structures are to be retained, modified or removed.
(h)
Existing access points adjacent to or across from the subject parcel frontage within 150 feet of the subject parcel.
(i)
Land area of existing and resultant lot(s) including and exclusive of public rights-of-way and submerged lands.
(j)
Type, location and dimensions of all existing and proposed easements.
(k)
Completely dimensioned limits within which the principal structure and accessory buildings or structures shall be confined on each parcel.
(l)
Any deed restrictions or conservation easements.
(m)
Any Zoning Board of Appeals variances or rulings on the property.
(5)
Access permit. The applicant shall provide documentation from the Wayne County Department of Public Services that adequate sight distance is provided at any proposed access point along a public road.
C.
Approval standards. All divisions or consolidations to lots, parcels and tracts shall comply with the following standards:
(1)
Lot area. Each lot or parcel resulting from the proposed division shall have a net area not less than that required for a lot in the particular zoning district, exclusive of any submerged area or area occupied by a public street right-of-way or an access easement.
(2)
Building envelope. Within each proposed lot or parcel, there shall be delineated and fully dimensioned an area within which the principal structure shall be confined. The areas so delineated shall be such that, in the opinion and judgment of the Planning Commission, development on each parcel will be in conformity with the spirit and intent of the chapter with respect to the particular zoning district, will be compatible with existing development in the vicinity primarily as to yard relationships, and will not adversely affect adjacent properties. No building permits shall be issued for buildings not located within the limits shown on an approved site plan.
(3)
Buildable area. For any lot or parcel where available references or on-site observation indicates potential for a wetland regulated by the United States Army Corps of Engineers, the State of Michigan or the Township, the applicant shall submit a wetland determination study of the site conducted by a qualified wetland consultant or the Michigan Department of Natural Resources. If the study indicates the presence of a regulated wetland, the applicant shall illustrate on a site plan that the proposed lots or parcels have sufficient area for building in compliance with the setback requirements.
(4)
Minimum frontage. Every lot or parcel being created shall abut a public street right-of-way or a private road that complies with the requirements of § 285-19.7 and Chapter 205, Roads and Driveways, of the Municipal Code.
(5)
Minimum lot width. Each lot or parcel being created shall provide the minimum lot width as required in the particular zoning district.
(6)
Shape of parcels. Lots and parcels should resemble rectangles but may be irregularly shaped as conditions dictate. However, unusual shapes proposed only for the purpose of meeting lot area or width requirements shall not be permitted.
(7)
Depth to width ratio. The depth to width ratio of lots or parcels created through land division that are one acre or less in size shall not exceed four to one. Variation from these proportions may be permitted where such action would reduce existing nonconformance with these standards.
(8)
Easement. Approval of a proposed division of land shall be subject to the dedication of any easements necessary for roads, public utilities or other necessary public facilities required. An accurate legal description shall be provided for all such easements, prepared by a registered land surveyor or civil engineer, that includes recitation of the purpose of the easement, with grant to the Township, its successors and assigns, in perpetuity, of the right to occupy and use such easement for installation, maintenance and operation of public utilities.
(9)
Elimination or reduction of nonconforming situations. The land division or combination shall not create and shall eliminate any nonconforming situation or reduce the degree of nonconformity (such as a nonconforming use, lot, building, building setback or access) to the degree deemed practical by the Zoning Board of Appeals.
(10)
Special assessment districts. In cases where water, sanitary sewer, storm sewer, street paving, or other such facilities have been installed by special assessment, and a lot or parcel proposed to be divided has been assessed therefor, no division shall be permitted unless the applicant agrees in writing to pay to the special assessment district an additional amount, to be determined by the Township Assessor, representing the increased benefit that may be derived through such land division. The additional amount shall be credited to the appropriate special assessment district.
(11)
Required information and permits. No land division shall be approved unless all of the required information and approved permits have been provided.
D.
Review procedures for lot splits and consolidations within recorded plats. The following procedure shall be followed to split or consolidate a lot, outlot or other parcel of land in a recorded plat:
(1)
Review by Township departments. The Community Development Department shall circulate the application among applicable Township departments for review and comment before transmitting it to the Planning Commission. The Community Development Department shall make a determination whether the proposed division will violate the maximum number of land divisions allowed by Act 288 of the Michigan Public Acts of 1967, as amended, based upon information provided by the applicant.
(2)
Review by Planning Commission. The Planning Commission shall review the application, along with the reports from various Township departments, and make a recommendation to the Township Board. In reviewing an application, the Planning Commission shall consider the approval standards of Subsection C.
(3)
Utilities and road improvements. Following a recommendation by the Planning Commission, the applicant shall be responsible for installing all required utilities and road improvements necessary to serve the proposed lots. The Township Board shall not take final action on the land division until all required utility and road improvements have been made. Required utility and road improvements shall be installed within one year of the Planning Commission recommendation to the Township Board, provided that the Planning Commission may grant up to a one-year extension upon written request by the applicant.
(4)
Township Board action. The Township Board shall make the final decision to approve or deny any application for division of land. The Township Board, based upon a recommendation by the Planning Commission, may waive the above standards in Subsection C for lots to be dedicated to the public for purposes such as roads, utilities, parks or natural preserves/open space.
E.
Review procedures for splits and consolidations of parcels and tracts. The following procedure shall be followed to split or consolidate a parcel or tract of land that is not part of a recorded plat:
(1)
Review by Township departments. The Community Development Department shall circulate the application among applicable Township departments for review and comment before transmitting it to the Planning Commission. The Community Development Department shall make a determination whether the proposed division will violate the maximum number of land divisions allowed by Act 288 of the Michigan Public Acts of 1967, as amended, based upon information provided by the applicant.
(2)
Review by Planning Commission. The Planning Commission shall review the application, along with the reports from various Township departments, and approve or deny the application for division of land within 30 days of the Community Development Department receiving a complete application. In reviewing an application, the Planning Commission shall consider the approval standards of Subsection C. The Planning Commission may waive the above standards in Subsection C for parcels to be dedicated to the public for purposes such as roads, utilities, parks or natural preserves/open space.
(3)
Utilities and road improvements. Following an approval by the Planning Commission, the applicant shall be responsible for installing all required utilities and road improvements necessary to serve the proposed parcels. The Township shall not grant building permits for the subject parcels until all required utility and road improvements have been made.
F.
Recording of action. Upon approval by the Township Board, the Township shall forward one copy of the approved form to the County Bureau of Taxation, and one copy shall be retained in the Township records.
285-19.22 Bridges, causeways and ferry landings.
[Added 6-9-2003 by Ord. No. 03-07]
Bridges, causeways and ferry landings for vehicular, pedestrian or rail traffic shall be permitted in all districts by special land use approval by the Grosse Ile Township Board in accordance with Article 22 Special Land Use Review. Due to the potential community-wide impact, notice of the public hearing for a bridge, causeway or ferry landing special land use request shall be published twice in a newspaper of general circulation in the Township and separate notice shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within one mile of the proposal and to the occupants of all structures within one mile. A site plan for any proposed bridge, causeway or ferry landing must also be submitted for approval by the Planning Commission in accordance with Article 21, Site Plan Review. All bridges, causeways and ferry landings shall meet the following conditions:
A.
Design of the bridge, causeway or ferry landing shall be compatible with surrounding land uses and will minimize impact on views along the waterfront. Bridges shall have a low-profile design to ensure vehicle, and pedestrian safety and minimal impact on aesthetics. Bridges and causeways shall be designed in accordance with Wayne County standards. The design of the bridge shall incorporate measures to ensure pedestrian safety. The design of the bridge shall be approved by the Township Board.
B.
The bridge, causeway or ferry landing shall be located and designed to minimize impact to natural features, including natural shorelines, wetlands, fish, and wildlife habitat and waterways.
C.
The bridge, causeway or ferry landing shall be constructed so as not to obstruct the navigability of the waterway. Where a bridge crosses a navigable waterway; a swing, drawbridge or other opening mechanism shall be provided to allow passage of watercraft.
D.
Ferry landings shall be constructed in accordance with the requirements of Article 17, Waterfront Provisions.
E.
A traffic impact study shall be prepared that demonstrates the following:
(1)
The proposed bridge, causeway or ferry landing will not generate a significant additional amount of traffic in such a way that represents a burden to existing bridges or roads.
(2)
The bridge, causeway or ferry's capacity will withhold estimated traffic and any projected traffic increases within 30 years of completion of the structure.
F.
Adequate screening shall be provided to ensure that the privacy of adjacent land uses is protected. Preservation of natural vegetation and supplemental landscaping may be required. New structures shall be placed to minimize impact to waterfront views of adjacent lots.
G.
The bridge, causeway or ferry landing shall not be located such that it creates nonconforming conditions for buildings on adjacent lots by virtue of the side yard adjacent to the proposed bridge access road becoming a front yard.
H.
The applicant shall obtain all necessary permits from the U.S. Army Crops of Engineers, the Michigan Department of Environmental Quality, the U.S. Coast Guard and Wayne County.
I.
Any lighting shall be subject to Planning Commission approval.
J.
Any directional sign to the bridge, causeway or ferry landing shall be subject to Planning Commission approval in accordance with the Roads and Driveways Ordinance.[1]
[1]
Editor's Note: See Ch. 205, Roads and Driveways.
K.
No sign or logo visible from off-site shall be permitted for a ferry landing.
L.
Any proposed utility building or toll booth shall be no larger than necessary to accommodate the activity and be consistent with existing conditions, use and character of the area.
M.
Any utility building or toll booth shall be constructed of brick and have a pitched roof of at least 1:4.
N.
Off-street parking and loading shall be provided to accommodate facility users and employees in accordance with Article 12, Parking and Loading Requirements.
O.
The applicant shall demonstrate to the satisfaction of the Planning Commission that there are no existing bridges, causeways or ferry landings that can accommodate the need for the proposed bridge, causeway or ferry landing.
P.
The bridge, causeway or ferry shall provide for unimpeded emergency vehicle access meeting the requirements of the Township Fire Marshal. A ferry shall not serve as the means of access to residential dwellings. All residential dwellings shall be accessible by roadways and bridges, and building permits for dwellings shall not be issued until completion of the bridge and road access.
Q.
Bridges and causeways shall comply with the requirements of the Township Roads and Driveways Ordinance.
285-19.23 Alternative energy systems.
[Added 6-28-2010 by Ord. No. 10-03; amended 5-9-2022 by Ord. No. 22-03; 10-13-2025 by Ord. No. 25-04]
A.
Wind energy conversion systems. Wind energy conversion systems (WECS) shall be allowed in all zoning districts, except where prohibited under Subsection A(5), subject to the following regulations:
(1)
Intent. The intent of these regulations is to provide for the development of sustainable energy sources while providing regulations that limit the impact of these facilities and protect the community from impacts of WECS facilities as follows:
(a)
Protect the visual character of neighborhoods and the natural residential character of the island;
(b)
Protect neighboring property owners from noise and safety impacts;
(c)
Protect waterfowl and birds within the Detroit River International Wildlife Refuge and avian wildlife inherent to the neighborhoods; and
(d)
Ensure structures do not exceed a height that would impact aviation safety, and the airspace around the Grosse Ile Airport.
(2)
Special land use. A WECS shall be allowed with special land use approval from the Township Board, based upon a Planning Commission public hearing and recommendation following the procedures and standards of Article 22, Special Land Use Review.
(3)
Accessory structure. A WECS shall be allowed as an accessory structure on a lot that contains a principal building. Only one WECS shall be allowed per principal building.
(4)
Location. A WECS may only be located in a rear yard within prescribed setbacks. A WECS may not be attached to a building.
(5)
Prohibited locations. In order to protect wildlife in the Detroit River International Wildlife Refuge and to protect views along the waterfront, WECS shall not be permitted in the following locations:
(a)
In any waterfront yard or over a waterway;
(b)
Between the shoreline and East River Road, south of Horsemill and north of Manchester; and the front yards of lots fronting along this segment of East River Road;
(c)
Between the shoreline and West River Road, south of Horsemill and north of Groh Road; and the front yards of lots fronting along this segment of West River Road;
(d)
Any of the following locations: Calf Island, Celeron Island, Hennepin Point, Hickory Island, Round Island, Sugar Island and Stony Island.
(6)
Permitted height. The maximum permitted height of a WECS shall be 35 feet. The allowable height of a WECS may be further limited in order to meet the setback requirements of Subsection A(7) below.
(7)
Setback. A WECS shall be setback at least equal to 1 1/2 times the height of the WECS from all lot lines, wetlands, utility lines, easements and any public road right-of-way.
(8)
Aviation hazard. The WECS shall not be located or erected to a height that would pose a hazard to aircraft operations and shall not encroach above the height limits of any of the airport runway approach zones for the Grosse Ile Municipal Airport.
(9)
Blade clearance. The minimum blade or rotor clearance from the ground shall be 20 feet for a horizontal-axis WECS and 10 feet for a vertical-axis WECS. The minimum blade or rotor clearance from a building or utility line shall be 20 feet.
(10)
Blade diameter. The blades or rotor of a WECS shall have a maximum diameter of six feet.
(11)
Braking system. Each WECS shall be equipped with both a manual brake and automatic braking, governing or feathering device capable of keeping the WECS operation in high winds within 80% of its survival wind speed.
(12)
Tower construction. A WECS shall be constructed with a tubular tower. Lattice towers and guy wires shall be prohibited. The WECS shall be constructed of quality materials with a coating that will prevent rust and discoloring.
(13)
Climbing devices. Towers shall not have permanent attached tower climbing devices.
(14)
Color. A WECS shall be painted a nonobtrusive (light color such as white, beige or light gray) color that is nonreflective. No striping or color shall be visible on the blades or tower.
(15)
Electrical lines. All distribution lines from the WECS to the building and the electrical grid connection shall be underground. The generator and all other electrical equipment, and controls shall be enclosed within the nacelle, pole or within a building.
(16)
Power grid connection. The applicant shall provide proof of written notice to the local electric utility of the proposed interconnection to the power grid and the utility's response. The resident shall comply with all requirements of the servicing utility if the WECS is interfaced with the utility grid. The utility will install appropriate electric metering (for sellback and non-sellback), and the customer will be required to install a disconnecting device adjacent to the electric meter(s). Any connection shall be inspected and approved by the appropriate utility company.
(17)
Noise.
(a)
Noise emissions from the operation of a WECS shall not exceed all the following, as measured at the nearest property line and road:
[1]
Forty-five dBA;
[2]
Ten dBA greater than the statistical background sound level (L90) or the sound level that is exceeded 90% of the time by ambient background noise; and
[3]
Three dBA less than the statistical high sound level (L10) or the sound level that is exceeded 10% of the time by ambient background noise.
(b)
After installation of the WECS, sound pressure level measurements shall be provided to the Township within 60 days of the operation of the WECS. Two tests are shall be done as follows:
[1]
First with the WECS turned off, so that ambient background noise can be documented; and
[2]
A second test with the WECS operating.
(c)
All sound pressure levels shall be done at the applicant's expense by a third party, qualified professional according to the procedures in the most current version of ANSI S12.18, and measured with a sound meter that meets or exceeds the most current version of ANSI S1.4 specifications for a Type II sound meter. The test will be taken with wind speeds of at least 10 miles per hour. The Township may require the owner to pay for a sound evaluation by a professional at any time to determine compliance with the requirements of this section.
(d)
The WECS shall be maintained such that the noise limit is not exceeded for the life of the WECS. Where a WECS exceeds the noise limits of this section, the owner shall discontinue WECS operation and it shall be removed, repaired or replaced with a new WECS of equal or lesser size that complies with this section. If a property owner fails to properly maintain the WECS, the Township may remove the WECS in accordance with Subsection A(22) below.
(18)
Radio interference. WECS shall be designed, constructed and operated so as not to cause radio and television interference. In the event that electromagnetic interference is experienced, the applicant must remove the WECS. If a property owner fails to remove the WECS, the Township may remove the WECS in accordance with Subsection A(22) below.
(19)
Water pumping. A WECS shall not be used for pumping water.
(20)
Emergency contact. The survival wind speed in miles per hour, and meters per second, the name and telephone number of the installer, and the name and telephone number of the person responsible for maintenance and shutdown procedures shall be provided on labels attached to the WECS tower subsystem in a visible, easily read, and easily accessible location.
(21)
Sketch plan. The special land use application shall be accompanied by a sketch plan meeting the requirements of § 285-21.5 along with the following additional information:
(a)
Location and height of all buildings, structures, electrical lines, towers, guy wires, guy wire anchors, security fencing, and other aboveground structures associated with the WECS.
(b)
The location of all existing and proposed overhead and underground electrical transmission or distribution lines shall be shown.
(c)
Lot survey showing all lot lines, rights-of-way and easements.
(d)
Inventory of any trees that will need to be removed or trimmed for the WECS in accordance with Chapter 282, Woodland and Tree Preservation.
(e)
Proposed setbacks for the WECS from all lot lines, structures located on the property where the WECS will be located and structures on adjacent lots within 100 feet of the lot lines.
(f)
A copy of the manufacturer's installation instructions and blueprints and stamped engineered drawings of the tower, base, footings, and foundation.
(g)
Ambient noise measurements taken on the site of the proposed WECS indicating the statistical background sound level (L90) and statistical high sound level (L10) measured on the dB(A)-weighted scale.
(h)
Manufacturer's specifications indicating the operating noise levels of the WECS at full RPM based upon industry standards; expected noise level at property line or road right-of-way. Demonstration that noise specifications shall meet standards of this chapter to be confirmed after the WECS is installed. The petitioner shall certify that the WECS will comply with the noise limit of this chapter as a condition of approval.
(i)
Documentation to ensure that construction code, utility interconnection, and safety requirements shall be complied with.
(22)
Performance guarantee. A performance guarantee in the form of a cash escrow and in an amount set by resolution of the Township Board shall be posted at the time of receiving a special land use permit for the WECS to ensure removal of the facility when it is no longer used or is no longer maintained in compliance with this chapter. The applicant shall provide funds to the Township for removal of the WECS, which reasonably reflects the cost of removal of the WECS and restoration of the property. Cost estimates for removal of the WECS shall be provided for the Township Engineer's approval. Adequate funds shall also be provided to cover the Township's administrative costs in the event that the applicant or its successor does not remove the WECS in a timely manner. The performance guarantee shall be in the form of a cash escrow.
(23)
Maintenance. The WECS must be kept and maintained in good repair and condition at all times. If a WECS is not maintained in operational and reasonable condition or poses a potential safety hazard, the applicant shall take expeditious action to correct the situation or remove the WECS. The Township may require documentation of maintenance.
(24)
Inspection. The Township may require testing of any WECS to ensure proper operation and compliance with the requirements of this section. Any necessary repair shall be required to comply with the requirements of this section and shall be completed within 45 days of the test or the WECS shall be ordered to be removed. Failure to remove a WECS within 45 days shall be grounds for the Township to remove the WECS at the owner's expense. The Township may order repair or removal sooner where there is an immediate safety hazard.
(25)
Abandonment. Any WECS that has not produced electricity for a period of six successive months or longer shall be deemed to be abandoned and shall be promptly dismantled and removed from the property. All above and below ground materials must be removed within 45 days of receiving an abandonment notification from the Township. Failure to remove an abandoned WECS within 45 days shall be grounds for the Township to remove the WECS at the owner's expense. The ground must be restored to its original condition within 60 days of receiving the abandonment notification.
(26)
Change in ownership. Where there is a change in ownership for a property containing a WECS, the new owner must register with the Community Development Department to update the ownership information on the permit. The updated permit can be approved administratively by the Zoning Administrator, provided the WECS is in compliance with all requirements of this section, based upon an inspection conducted in accordance with Subsection A(24) above.
B.
Solar panels. Solar panels shall be allowed in all zoning districts either attached to permitted principal or accessory buildings or as accessory structures subject to the following regulations:
(1)
Attached to building. Where attached to a building, the solar panels shall be subject to the same regulations as the building in terms of height and setbacks. Solar panels may be attached to the roof or the building wall, but not both.
(a)
Roof-mounted panels shall include solar panels integrated as the surface layer of the roof structure with no additional apparent change in relief or projection (the preferred installation), or separate flush-mounted solar panels attached to the roof surface.
[1]
Solar panels integrated as the surface layer of the roof structure, as well as separate flush-mounted solar panels, may be located on any part of the roof.
[2]
Separate flush-mounted solar panels shall be parallel with the roofline and shall not project more than 12 inches above the roof.
[3]
Separate flush-mounted solar panels installed on a building or structure with a sloped roof surface shall not project vertically above the peak of the roof to which it is attached.
[4]
Solar panels mounted on a flat roof shall not be subject to the standards of Subsection B(1)(a)[2] above. However, they shall not project vertically higher than the height of the parapet wall surrounding the roof or shall be screened by architectural features in accordance with § 285-19.6C(4).
(b)
Flush-mounted solar panels on the building wall may only be attached to one side or rear building facade and shall not face a street.
(c)
Roof-mounted panels shall be permitted on the roof of a covered boat well, subject to the provisions of Subsection B(1)(a) above, but freestanding solar panels shall not be permitted over the water.
(2)
Freestanding. Solar panels that are not attached to a building shall be permitted as accessory structures subject to the following regulations:
(a)
Freestanding solar panels shall be permitted in the rear yard only.
(b)
Freestanding solar panels shall be set back no less than six feet from the side and rear lot lines.
(c)
Freestanding solar panels shall not exceed a height of four feet.
(d)
The surface area covered by a freestanding system shall not exceed 2% of the lot or 360 square feet, whichever is less, except as provided for in Subsection B(5) below. Area covered shall be included in the lot coverage calculations for the lot.
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(e)
All power transmission lines shall be underground.
(f)
Freestanding solar panels shall not be visible from adjacent property and shall be screened by landscaping where necessary.
(3)
Glare. Solar panels shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties or roadways.
(4)
Building permit. Solar energy systems shall conform to applicable industry standards. A building permit shall be obtained for a solar energy system in accordance with the Building and Electrical Codes.
(5)
Commercial solar array. In the A-1 Airport and Light Industrial District, the Planning Commission may approve a site plan under Article 21 for solar photovoltaic plants or arrays of photovoltaic modules, mounted on buildings or ground mounted, developed for commercial purposes.
(a)
The solar array may be developed as a principal use on a lot and shall not be subject to surface area limits of Subsection B(2)(d) above.
(b)
The solar array shall meet all dimensional and site design requirements of the A-1 Airport and Light Industrial District.
(c)
The solar array shall be designed to not create glare that would be a hazard to aviation.
