- LANDSCAPING, SCREENING AND FENCES
Recognizing that the proper management and use of trees, plants and other types of vegetation improves the appearance, value, character, quality of life, and the natural environment in Grosse Pointe Park, this article establishes standards for the development, installation, and maintenance of landscaping to accomplish the following:
A)
Preserve existing trees and vegetation.
B)
Conserve energy, provide adequate light and air, prevent the overcrowding of land, and reduce impervious surfaces.
C)
Encourage the use of native plant materials and a diversity of species in plantings.
D)
Provide visual buffers and enhance the beautification of Grosse Pointe Park.
E)
Safeguard and enhance property values and protect public and private investment.
(Ord. No. 244, § 3(Exh. A), 12-9-2024)
A)
On developed sites (excluding one-family residential dwelling units, when developed on a parcel-by-parcel basis), landscaping must be brought into compliance with the appendix. This applies to:
1)
New construction (or the modification of an existing building where the total building square footage is increased by 25 percent or greater).
2)
Projects where the total amount of impervious surface on the site has increased by 50 percent or greater.
3)
Project for which a special land use permit is required.
B)
No landscaped area may be abandoned, paved, or otherwise employed without submission and approval of a site plan.
C)
These requirements are minimum requirements; nothing precludes a developer from proposing a more extensive landscape plan.
(Ord. No. 244, § 3(Exh. A), 12-9-2024)
A)
Plans. Landscape plans must be prepared, sealed, and signed by a licensed landscape architect, unless the application is for a re-occupancy only and no special planning processes (e.g., special land use, variance) are required. In addition to the standards set forth in this article, landscape plans will be reviewed to ensure compliance with the following general standards for quality and design:
1)
The proper spacing, placement, and location of plant materials must ensure that the required horizontal and vertical obscuring effect of proposed land uses will be achieved. The proposed relationship between deciduous and evergreen plant materials must ensure that the obscuring effect will be maintained throughout the various seasonal periods. The size of plant material must be able to adequately screen use at the time of planting and over time as the plants mature.
2)
The choice and selection of plant materials must ensure that root systems will not interfere with public utilities or rights-of-way and that fruit and other debris (other than leaves) will not constitute a nuisance within public rights-of-way, or to abutting property owners.
B)
General requirements. The entire landscaped area (including lawn areas and landscape islands) must be planted with grass, groundcover, shrubbery, or other suitable plant material (excluding areas used as paved patios, terraces, sidewalks, and similar site features).
C)
Maintenance of existing landscaping. All existing landscaping must be maintained in good condition to present a healthy, neat, and orderly appearance, free from refuse and debris. All unhealthy and dead materials must be replaced within 45 days of notice from the city (or within the next planting period, whichever comes next). Grass areas must be kept weed free and mowed on a regular basis and all edges trimmed and maintained. Landscape inspections may be conducted on a regular basis to ensure long-term compliance.
D)
Preservation of existing vegetation. Existing healthy vegetation must be protected during construction with temporary fencing around the drip line. To promote the preservation of natural features, sites should be designed to preserve existing woodlands and wetlands to the greatest extent possible.
E)
Planting setbacks. The trunks of trees cannot be planted closer than four feet to a property line. Trees must be located in a manner that avoids future conflicts between roots and sidewalks, paved areas, or building foundations. This distance will vary based on the species of tree and the spread of the roots.
F)
Alternative stormwater methods. The integration of alternative stormwater detention and retention features, also commonly known as green infrastructure, in the overall landscape is recommended. Landscaped islands may be located below grade if serving as a swale or other form of bioretention. For features adjacent to a parking lot or right-of-way, salt and sediment-tolerant plants must be selected. Naturalized stormwater management features that are integrated in a cohesive and logical manner to take advantage of site topography, orientation, and visibility should be utilized. The following low impact development (LID) principles for stormwater management are recommended for incorporation into landscape design, subject to adopted engineering standards:
1)
Swales.
2)
Pervious paving/pavers.
3)
Rain gardens, which do not require engineering review when being installed as an accessory feature in the EP, NR-A, NR-B, or NR-C districts.
4)
Rain barrels or cisterns, subject to the following:
a)
Underground cisterns or rain barrels are subject to engineering review and constructed in accordance with the State building code.
b)
Aboveground rain barrel or cistern systems in excess of 250 gallons must conform to the accessory building standards in place for those building types, must be constructed in accordance with the building code, and may be subject to engineering review at the discretion of the Building Official.
5)
Vegetated roofs, in accordance with the building code.
Other methods of onsite stormwater control may be submitted to the Planning Department and, at their discretion, may be approved, approved subject to another City department(s) review, approved subject to Planning Commission review, or denied. The alternative stormwater methods described in this subsection may be used to meet landscaping requirements (including quantity and placement) of this article, provided that the Planning Commission or other approving body finds that the intent of this article is met.
G)
Plant minimum requirements.
1)
Trees planted in Grosse Pointe Park must conform to the list of recommended species of trees for community planting, as amended, published by the State of Michigan Department of Natural Resources Forest Resources Division.
2)
All landscape plans must include a minimum of 50 percent native plants.
3)
All plant material must conform to the description consistent with generally accepted and published nursery and landscape standards. Plant materials must be typical of their species or variety, have normal habitat of growth, well-branched and densely foliated when in leaf.
4)
Artificial plants are prohibited from satisfying landscape requirements.
H)
Mulch. Planting beds must present a finished appearance, with shredded hardwood bark mulch or a similar natural material at a minimum depth of three inches. All mulched areas must be refreshed seasonally.
I)
Lawn area and ground cover. Where present, lawns must be planted with species of grass normally grown as permanent lawns in southeast Michigan. Grass may be sodded or seeded and mulched. Sod or seed must be clean, free of weeds and noxious pests or disease. The property owner is responsible for soil erosion protection prior to the installation and for maintaining the approved grade before and after lawn installation. Lawns may be substituted for alternative forms of groundcover, such as myrtle, wildflowers, garden beds, or clover in whole or in part. The combined ground cover(s) must achieve full lot coverage, and at no point shall landscaping consist of loose dirt or gravel. Where possible, xeriscape design is highly encouraged.
J)
Irrigation. Where irrigated, sprinklers may only operate between the hours of 6:00 pm and 10:00 am.
K)
Minimum planting size. All plantings must meet the following minimum size at the time of planting:
1)
Deciduous trees. Two and one-half inches in caliper, measured at 18 inches above grade.
2)
Ornamental trees. Two inches in caliper, measured at 18 inches above grade.
3)
Evergreen trees. Eight feet in height, measured from grade.
4)
Shrubs. 30 inches in height, measured from grade.
L)
Prohibited species. All invasive plant species, as designated by the State of Michigan as invasive, shall be prohibited in the City of Grosse Pointe Park. Based on their undesirability, the following species are also prohibited; the city may prohibit other species not listed in the following table:
Prohibited Tree Species
Ash
Black locust
Box elder
Buckthorn
Catalpa
Cottonwood
Elm
Ginkgo (female)
Honey locust (with thorns)
Horse chestnut (nut bearing)
Mulberry
Norway maple
Olive
Poplar
Silver maple
Tree of heaven
Willow
Poplar
Buckeye
If damaged, diseased, removed during construction, or otherwise destroyed, a prohibited plant cannot be replanted or encouraged to continue.
M)
Installation. All landscaping must be installed in a manner consistent with generally accepted and published nursery and landscape standards, the approved landscape plan, and the following:
1)
All trees must be balled and burlapped at the time of planting.
2)
Plant material must be freshly dug, and nursery grown. Plant material must be of sound health, vigorous and uniform in appearance with a well-developed root system and free from disease, insects, pests, eggs, or larvae. Trees must have straight trunks with leaders intact, undamaged, and uncut.
3)
A minimum of four inches of topsoil must be provided for all lawn areas, groundcovers, berms, and planting beds.
4)
All tags must be left on planted materials and may only be removed after the site passes the landscape inspection.
N)
Payment in-lieu of tree planting. The Planning Commission may allow for a payment in-lieu of tree planting, in an amount to be established by resolution of the City Council, on a case-by-case basis, to be used for tree planting elsewhere in the city. In doing so, rough proportionality between the number of trees that would be required to be planted and those that are being planted per the site plan is achieved.
(Ord. No. 244, § 3(Exh. A), 12-9-2024)
All landscaping must comply with the following minimum standards:
A)
Site trees. One deciduous tree or evergreen tree per 1,000 square feet of non-paved surface must be provided, in addition to other trees required elsewhere.
B)
Frontage landscaping. When a site abuts a road right-of-way, frontage landscaping must be provided in the front yard area adjacent to the right-of-way or within the right-of-way, per the table below. For the purposes of computing length of road frontage, openings for driveways and sidewalks are counted towards the total linear frontage. Shrubs may be planted at uniform intervals, at random, or in groupings.
C)
Parking lot landscaping. To improve the safety of pedestrian and vehicular traffic, guide traffic movement, and improve the appearance of parking lots, off-street parking lots with 20 or more parking spaces must dedicate at least five percent of the total parking lot area to interior landscape islands: each island must be a minimum size of 150 square feet, contain at least one deciduous tree, two decorative shrubs, and be covered with grasses or alternative groundcover (excluding mulch).
D)
Screening from parking lot. Screening adjacent to a parking lot is not required if the parking surface area is completely screened from the right-of-way by an intervening building or structure. Where a parking lot is located adjacent to sidewalks, streets, and other rights-of-way, screening must be provided within ten feet of the parking lot with the following (or a combination thereof):
1)
Vegetative buffer. A minimum five-foot-wide greenbelt with an evergreen or deciduous hedge, at least three feet in height. No plant material may be located within two feet from the front of a parking space curb (to account for vehicle overhang).
2)
Screen wall/fence. A decorative masonry wall or black aluminum fencing, at least three feet in height. Walls must contain a stone or masonry cap and fences must incorporate stone or masonry piers at regular intervals. Masonry walls may be constructed with openings which do not in any square section (height and width) exceed 20 percent of the surface. Where included, the openings must be so spaced as to maintain the obscuring character required and cannot be used to reduce the minimum height requirement.
E)
Screening from residential uses. All non-residential uses that abut a residentially used property must provide screening by one or a combination of the following:
1)
Screen wall. A reinforced, decorative masonry wall, six feet in height above grade. Required walls shall be located on the lot line except where underground utilities interfere and except in instances where this appendix requires conformance with front yard setback lines in abutting residential districts. Required walls may, upon approval of the Planning Commission, be located on the opposite side of an alley right-of-way from a non-residential zone that abuts a residential zone when mutually agreeable to affected property owners. Masonry walls may be constructed with openings which do not in any square section (height and width) exceed 20 percent of the surface. Where included, the openings must be so spaced as to maintain the obscuring character required and cannot be used to reduce the minimum height requirement.
2)
Vegetated buffer. A minimum ten-foot-wide greenbelt with evergreen trees forming a continuous screen (trees planted ten to 15 feet apart (on center) in two staggered rows).
F)
Landscaping adjacent to buildings. All building walls visible from a right-of-way or publicly accessible area must have a three-foot-wide landscape area adjacent to them for at least 25 percent of their total width. This area may include inground landscaping, raised landscape beds, decorative landscape containers, or a combination thereof.
G)
Dumpster/refuse containers. In all zoning districts except single-family residential districts, dumpsters must be screened by a decorative masonry or composite wall as approved by the Director of Public Services, at least six feet in height above grade, or one foot above the object which it is screening, whichever is greater, with posts or bumpers installed at the opening doorway to the screening walls. A gate constructed from metal, wood, or composite material is required. Chain link fencing with obscuring fabric or slats is prohibited. The inside dimensions of the enclosure shall permit adequate access for refuse collection vehicles and the enclosure shall be situated on a reinforced concrete pad at least six inches thick, which pad shall extend at least six feet beyond the opening of the enclosure.
Refuse dumpsters and exterior service areas must be maintained in good repair and be structurally sound, free of debris and neat and clean in appearance. The name, address and telephone number of the owner and lessee of each dumpster shall be clearly marked on each dumpster.
The proposed structure, location and materials shall be acceptable to the Director of Public Services as a prerequisite to the issuance of any building permit, and the Director of Public Services shall not issue a certificate of occupancy unless the provisions of this section have been fully met. Within one year of the effective date of this appendix, any outside storage of rubbish in dumpsters shall comply with this section.
H)
Outdoor storage. Outdoor storage areas must be screened from all adjacent rights-of-way with an obscuring wall no less than four feet six inches in height or the height of the materials being screened, whichever is greater. This includes screening for vehicles, if approved as part of a special land use. The Planning Commission may approve a wood fence as an alternative to a masonry wall in the event that masonry wall would negatively impact the community design context.
I)
Mechanical and utility equipment screening. Transformers, wireless communication facilities, climate control and mechanical equipment, and other above ground utility cabinets must be screened with evergreen plantings or a decorative opaque fence at least one foot taller than the height of the cabinet/equipment. This requirement does not apply to equipment serving one- or two-family dwelling units.
(Ord. No. 244, § 3(Exh. A), 12-9-2024)
A)
Single-family residential. Within one year of the issuance of a temporary certificate of compliance, the following is required for new single-family dwelling units:
1)
Landscaping. Front yards must be landscaped with lawns, groundcover plants, flower beds, deciduous shrubs, evergreen material, and ornamental trees. All such landscaping and planting shall be maintained in a healthy, growing condition, neat and orderly in appearance.
2)
Where present, lawns must be sodded, seeded or hydro seeded, and installed in all areas of residential property not otherwise landscaped, and must be maintained and present complete coverage within three months of planting. The property owner is responsible for soil erosion protection prior to the installation and for maintaining the approved grade before and after lawn installation.
3)
Trees. Two trees (deciduous or evergreen) must be provided per parcel (unless they already exist on the site and are in a healthy condition); at least one tree must be planted in the front yard. Ornamental trees do not count toward this requirement.
B)
Multiple-family residential. In addition to the standards listed in subsection A, multiple-family residential uses must provide a minimum of two deciduous or evergreen trees per dwelling unit, unless otherwise determined by the Planning Commission. This requirement does not apply to mixed-use residential projects, which are governed by Section 6.04, Non-residential landscape design standards.
(Ord. No. 244, § 3(Exh. A), 12-9-2024)
A)
General standards.
1)
Fences shall not contain barbed wire or any other type of sharp-edged wire or have electric current or a charge of electricity.
2)
No chain link or similar type fencing shall contain slats, webbing, synthetic materials, or other fabric for the purpose of creating a privacy type fence.
3)
Fences, over two feet in height (other than spit rail and chain link) shall not be constructed within the clear corner vision triangle as defined in Section 5.08, Clear vision triangle.
4)
For fences erected along a lot line, a joint permit application shall be submitted and consent to install the fence provided by all property owners. Except for a fence with a common end or corner post, no fence shall be attached to or touch a fence located on another property owner's lot or on the same lot.
5)
All fence support posts shall face the property of the person erecting the fence. In the case of abutting property owners who elect to share the expense and erect a fence together, both shall be co-owners of the same and it shall be the responsibility of the property owners to determine the location of the posts in compliance with this section.
B)
Materials.
1)
Fences may be constructed of metal, wire, chain link, iron, vinyl (or similar), composite, naturally durable wood or treated wood.
2)
Hedges, ornamental shrubs and trees, and bushes may be considered fences for the purpose of this article when placed in a manner or position to serve as such. A living fence shall be a continuous natural barrier intended to separate two yards or two areas of a yard. A continuous hedge, tightly knit row of shrubs or ornamental trees, or lattice-woven fence composed of living woody plants are all considered a living fence.
3)
A mixture of differing materials shall not be permitted along a continuous face of the fence.
C)
Definitions. The following definitions apply when considering fences, specifically:
1)
Height. Height is measured from the general level of the ground in the immediate vicinity. Where the level is different on either side of a fence, the average between the two shall be used.
2)
Frontage (corner parcels). For corner lots, or lots that have two parallel or multiple street frontages, the front and rear yards are determined by the Public Services Director based on the pattern of development on adjacent lots.
3)
Front/rear yard (waterfront parcels). For the purposes of this section, the side of the parcel abutting the waterbody shall be considered the "front yard" and the side of the parcel abutting the street shall be considered the "rear yard" for all waterfront parcels, with "yard" meaning the space as defined in Section 16.02, Glossary.
D)
Location and height.
1)
No fence shall be constructed or maintained on any part of a front yard.
2)
No fence shall be more than four inches off the ground at its lowest point between the supporting posts or slats.
3)
Fences shall not be located less than two feet from any public sidewalk.
4)
Fences shall not exceed six feet in height along any rear lot line, or when constructed in the rear yard interior, and shall not exceed four feet in height along any side lot line, or when constructed in the side yard interior.
a)
Fence height may be increased up to six feet along any side lot line, or when constructed in the side yard interior, if the side yard directly abuts a right-of-way or the resident proposing to build such fence has notified his immediately adjoining property owners of his intention to construct such fence and has obtained their written consent thereto within a period of 60 days preceding the issuance of a permit for the construction of such fence.
b)
For all waterfront parcels, fences shall not exceed four feet in height along any rear lot line, or when constructed in the rear yard interior, and fences shall be set back no less than three feet from the established right-of-way or rear lot line, whichever is greater.
c)
For all waterfront parcels, standard fence requirements apply on side yards up to the water view side of the principal structure, except living fences shall not exceed nine feet in height. Only living fences of four feet in height or below are allowed between the front line of the structure and the water itself, on the condition that the adjacent owner gives written consent within a period of 60 days preceding the issuance of a permit for the construction of such fence.
Rear yard fences on waterfront parcels are limited to four feet in height. The height limit may be increased to six feet if the fence is 50 percent transparent or greater.
d)
For commercial uses, fence height may be increased up to six feet along any side lot line, or when constructed in the side yard interior, when, in the determination of the Planning Commission, the additional height is necessary to adequately screen and secure a permanent outdoor storage area.
E)
Construction and maintenance.
1)
Construction of fences shall comply with the state construction code as applicable.
2)
Fences shall be maintained in a neat and safe condition at the expense of the owner of the property in accordance with the terms of this appendix.
3)
The maintenance of fences erected between residential properties shall be at the expense of the owner constructing the fence or as may be mutually agreed upon with the adjoining property owner; the city shall not enforce any agreement regarding a mutual or separate payment for the costs of maintenance or repair.
F)
Permitting. Unless otherwise provided, no person shall erect, re-erect, alter or relocate any fence unless a permit has first been obtained from the Department of Public Services, unless a review has been conducted by the city Department of Public Services verifying no permit or fee is required. The Department of Public Services shall have the authority to issue a fence permit, provided the application satisfies all requirements of this article and other applicable laws of the city and the state. An application for a fence permit shall be submitted to the Department of Public Services and shall include:
1)
Plans and specifications showing the dimensions, materials and required details of erecting the fence.
2)
Plans indicating the location of the parcel of land upon which the fence is to be erected, the property line and the position of the fence in relation to adjoining houses, buildings or structures (it shall be the responsibility of the person erecting the fence to identify the property lines).
3)
A plot plan or survey which shall be attached to the application, and which shall show the property line.
4)
Such other information as the Department of Public Services may require showing full compliance with this and other applications of the city and the state.
5)
The assigned fee, as set by the fee schedule adopted by resolution of the Council and, paid to the Department of Public Services at the time the application is filed.
G)
Exceptions and appeals. Deviations from this section may be allowed in the circumstances described herein:
1)
Religious institutions, child care facilities, and private schools are exempt from the location requirements of subsection D(1).
2)
Any party who has been refused a fence permit by the Department of Public Services for a proposed fence erection may seek a special exception from the provisions of this article by filing a claim of appeal to the Zoning Board of Appeals.
3)
At the variance hearing, the Zoning Board of Appeals may grant a special exception upon a finding of all of the following:
a)
The particular physical surroundings, shape or topographical conditions of the property would render compliance with the provisions of this article difficult and would likely result in a particular hardship on the person erecting the fence as distinguished from inconvenience of the article requirements or a desire to increase financial gain or avoid the financial expense of compliance.
b)
Strict enforcement of the provisions of this article would be futile.
c)
The type of fence and the location proposed would not pose a significant risk to the public health, safety and general welfare.
d)
The benefit of the fence to the public and/or the applicant under the circumstances outweighs any risk to the health, safety and general welfare of the residents of the city.
e)
A variance would be in the best interest of the city and not against the spirit and intent of this section.
4)
In issuing a variance from the strict letter of the provisions of this appendix, the Zoning Board of Appeals may modify any fence requirement or place reasonable conditions or restrictions upon issuance of a permit.
(Ord. No. 244, § 3(Exh. A), 12-9-2024)
- LANDSCAPING, SCREENING AND FENCES
Recognizing that the proper management and use of trees, plants and other types of vegetation improves the appearance, value, character, quality of life, and the natural environment in Grosse Pointe Park, this article establishes standards for the development, installation, and maintenance of landscaping to accomplish the following:
A)
Preserve existing trees and vegetation.
B)
Conserve energy, provide adequate light and air, prevent the overcrowding of land, and reduce impervious surfaces.
C)
Encourage the use of native plant materials and a diversity of species in plantings.
D)
Provide visual buffers and enhance the beautification of Grosse Pointe Park.
E)
Safeguard and enhance property values and protect public and private investment.
(Ord. No. 244, § 3(Exh. A), 12-9-2024)
A)
On developed sites (excluding one-family residential dwelling units, when developed on a parcel-by-parcel basis), landscaping must be brought into compliance with the appendix. This applies to:
1)
New construction (or the modification of an existing building where the total building square footage is increased by 25 percent or greater).
2)
Projects where the total amount of impervious surface on the site has increased by 50 percent or greater.
3)
Project for which a special land use permit is required.
B)
No landscaped area may be abandoned, paved, or otherwise employed without submission and approval of a site plan.
C)
These requirements are minimum requirements; nothing precludes a developer from proposing a more extensive landscape plan.
(Ord. No. 244, § 3(Exh. A), 12-9-2024)
A)
Plans. Landscape plans must be prepared, sealed, and signed by a licensed landscape architect, unless the application is for a re-occupancy only and no special planning processes (e.g., special land use, variance) are required. In addition to the standards set forth in this article, landscape plans will be reviewed to ensure compliance with the following general standards for quality and design:
1)
The proper spacing, placement, and location of plant materials must ensure that the required horizontal and vertical obscuring effect of proposed land uses will be achieved. The proposed relationship between deciduous and evergreen plant materials must ensure that the obscuring effect will be maintained throughout the various seasonal periods. The size of plant material must be able to adequately screen use at the time of planting and over time as the plants mature.
2)
The choice and selection of plant materials must ensure that root systems will not interfere with public utilities or rights-of-way and that fruit and other debris (other than leaves) will not constitute a nuisance within public rights-of-way, or to abutting property owners.
B)
General requirements. The entire landscaped area (including lawn areas and landscape islands) must be planted with grass, groundcover, shrubbery, or other suitable plant material (excluding areas used as paved patios, terraces, sidewalks, and similar site features).
C)
Maintenance of existing landscaping. All existing landscaping must be maintained in good condition to present a healthy, neat, and orderly appearance, free from refuse and debris. All unhealthy and dead materials must be replaced within 45 days of notice from the city (or within the next planting period, whichever comes next). Grass areas must be kept weed free and mowed on a regular basis and all edges trimmed and maintained. Landscape inspections may be conducted on a regular basis to ensure long-term compliance.
D)
Preservation of existing vegetation. Existing healthy vegetation must be protected during construction with temporary fencing around the drip line. To promote the preservation of natural features, sites should be designed to preserve existing woodlands and wetlands to the greatest extent possible.
E)
Planting setbacks. The trunks of trees cannot be planted closer than four feet to a property line. Trees must be located in a manner that avoids future conflicts between roots and sidewalks, paved areas, or building foundations. This distance will vary based on the species of tree and the spread of the roots.
F)
Alternative stormwater methods. The integration of alternative stormwater detention and retention features, also commonly known as green infrastructure, in the overall landscape is recommended. Landscaped islands may be located below grade if serving as a swale or other form of bioretention. For features adjacent to a parking lot or right-of-way, salt and sediment-tolerant plants must be selected. Naturalized stormwater management features that are integrated in a cohesive and logical manner to take advantage of site topography, orientation, and visibility should be utilized. The following low impact development (LID) principles for stormwater management are recommended for incorporation into landscape design, subject to adopted engineering standards:
1)
Swales.
2)
Pervious paving/pavers.
3)
Rain gardens, which do not require engineering review when being installed as an accessory feature in the EP, NR-A, NR-B, or NR-C districts.
4)
Rain barrels or cisterns, subject to the following:
a)
Underground cisterns or rain barrels are subject to engineering review and constructed in accordance with the State building code.
b)
Aboveground rain barrel or cistern systems in excess of 250 gallons must conform to the accessory building standards in place for those building types, must be constructed in accordance with the building code, and may be subject to engineering review at the discretion of the Building Official.
5)
Vegetated roofs, in accordance with the building code.
Other methods of onsite stormwater control may be submitted to the Planning Department and, at their discretion, may be approved, approved subject to another City department(s) review, approved subject to Planning Commission review, or denied. The alternative stormwater methods described in this subsection may be used to meet landscaping requirements (including quantity and placement) of this article, provided that the Planning Commission or other approving body finds that the intent of this article is met.
G)
Plant minimum requirements.
1)
Trees planted in Grosse Pointe Park must conform to the list of recommended species of trees for community planting, as amended, published by the State of Michigan Department of Natural Resources Forest Resources Division.
2)
All landscape plans must include a minimum of 50 percent native plants.
3)
All plant material must conform to the description consistent with generally accepted and published nursery and landscape standards. Plant materials must be typical of their species or variety, have normal habitat of growth, well-branched and densely foliated when in leaf.
4)
Artificial plants are prohibited from satisfying landscape requirements.
H)
Mulch. Planting beds must present a finished appearance, with shredded hardwood bark mulch or a similar natural material at a minimum depth of three inches. All mulched areas must be refreshed seasonally.
I)
Lawn area and ground cover. Where present, lawns must be planted with species of grass normally grown as permanent lawns in southeast Michigan. Grass may be sodded or seeded and mulched. Sod or seed must be clean, free of weeds and noxious pests or disease. The property owner is responsible for soil erosion protection prior to the installation and for maintaining the approved grade before and after lawn installation. Lawns may be substituted for alternative forms of groundcover, such as myrtle, wildflowers, garden beds, or clover in whole or in part. The combined ground cover(s) must achieve full lot coverage, and at no point shall landscaping consist of loose dirt or gravel. Where possible, xeriscape design is highly encouraged.
J)
Irrigation. Where irrigated, sprinklers may only operate between the hours of 6:00 pm and 10:00 am.
K)
Minimum planting size. All plantings must meet the following minimum size at the time of planting:
1)
Deciduous trees. Two and one-half inches in caliper, measured at 18 inches above grade.
2)
Ornamental trees. Two inches in caliper, measured at 18 inches above grade.
3)
Evergreen trees. Eight feet in height, measured from grade.
4)
Shrubs. 30 inches in height, measured from grade.
L)
Prohibited species. All invasive plant species, as designated by the State of Michigan as invasive, shall be prohibited in the City of Grosse Pointe Park. Based on their undesirability, the following species are also prohibited; the city may prohibit other species not listed in the following table:
Prohibited Tree Species
Ash
Black locust
Box elder
Buckthorn
Catalpa
Cottonwood
Elm
Ginkgo (female)
Honey locust (with thorns)
Horse chestnut (nut bearing)
Mulberry
Norway maple
Olive
Poplar
Silver maple
Tree of heaven
Willow
Poplar
Buckeye
If damaged, diseased, removed during construction, or otherwise destroyed, a prohibited plant cannot be replanted or encouraged to continue.
M)
Installation. All landscaping must be installed in a manner consistent with generally accepted and published nursery and landscape standards, the approved landscape plan, and the following:
1)
All trees must be balled and burlapped at the time of planting.
2)
Plant material must be freshly dug, and nursery grown. Plant material must be of sound health, vigorous and uniform in appearance with a well-developed root system and free from disease, insects, pests, eggs, or larvae. Trees must have straight trunks with leaders intact, undamaged, and uncut.
3)
A minimum of four inches of topsoil must be provided for all lawn areas, groundcovers, berms, and planting beds.
4)
All tags must be left on planted materials and may only be removed after the site passes the landscape inspection.
N)
Payment in-lieu of tree planting. The Planning Commission may allow for a payment in-lieu of tree planting, in an amount to be established by resolution of the City Council, on a case-by-case basis, to be used for tree planting elsewhere in the city. In doing so, rough proportionality between the number of trees that would be required to be planted and those that are being planted per the site plan is achieved.
(Ord. No. 244, § 3(Exh. A), 12-9-2024)
All landscaping must comply with the following minimum standards:
A)
Site trees. One deciduous tree or evergreen tree per 1,000 square feet of non-paved surface must be provided, in addition to other trees required elsewhere.
B)
Frontage landscaping. When a site abuts a road right-of-way, frontage landscaping must be provided in the front yard area adjacent to the right-of-way or within the right-of-way, per the table below. For the purposes of computing length of road frontage, openings for driveways and sidewalks are counted towards the total linear frontage. Shrubs may be planted at uniform intervals, at random, or in groupings.
C)
Parking lot landscaping. To improve the safety of pedestrian and vehicular traffic, guide traffic movement, and improve the appearance of parking lots, off-street parking lots with 20 or more parking spaces must dedicate at least five percent of the total parking lot area to interior landscape islands: each island must be a minimum size of 150 square feet, contain at least one deciduous tree, two decorative shrubs, and be covered with grasses or alternative groundcover (excluding mulch).
D)
Screening from parking lot. Screening adjacent to a parking lot is not required if the parking surface area is completely screened from the right-of-way by an intervening building or structure. Where a parking lot is located adjacent to sidewalks, streets, and other rights-of-way, screening must be provided within ten feet of the parking lot with the following (or a combination thereof):
1)
Vegetative buffer. A minimum five-foot-wide greenbelt with an evergreen or deciduous hedge, at least three feet in height. No plant material may be located within two feet from the front of a parking space curb (to account for vehicle overhang).
2)
Screen wall/fence. A decorative masonry wall or black aluminum fencing, at least three feet in height. Walls must contain a stone or masonry cap and fences must incorporate stone or masonry piers at regular intervals. Masonry walls may be constructed with openings which do not in any square section (height and width) exceed 20 percent of the surface. Where included, the openings must be so spaced as to maintain the obscuring character required and cannot be used to reduce the minimum height requirement.
E)
Screening from residential uses. All non-residential uses that abut a residentially used property must provide screening by one or a combination of the following:
1)
Screen wall. A reinforced, decorative masonry wall, six feet in height above grade. Required walls shall be located on the lot line except where underground utilities interfere and except in instances where this appendix requires conformance with front yard setback lines in abutting residential districts. Required walls may, upon approval of the Planning Commission, be located on the opposite side of an alley right-of-way from a non-residential zone that abuts a residential zone when mutually agreeable to affected property owners. Masonry walls may be constructed with openings which do not in any square section (height and width) exceed 20 percent of the surface. Where included, the openings must be so spaced as to maintain the obscuring character required and cannot be used to reduce the minimum height requirement.
2)
Vegetated buffer. A minimum ten-foot-wide greenbelt with evergreen trees forming a continuous screen (trees planted ten to 15 feet apart (on center) in two staggered rows).
F)
Landscaping adjacent to buildings. All building walls visible from a right-of-way or publicly accessible area must have a three-foot-wide landscape area adjacent to them for at least 25 percent of their total width. This area may include inground landscaping, raised landscape beds, decorative landscape containers, or a combination thereof.
G)
Dumpster/refuse containers. In all zoning districts except single-family residential districts, dumpsters must be screened by a decorative masonry or composite wall as approved by the Director of Public Services, at least six feet in height above grade, or one foot above the object which it is screening, whichever is greater, with posts or bumpers installed at the opening doorway to the screening walls. A gate constructed from metal, wood, or composite material is required. Chain link fencing with obscuring fabric or slats is prohibited. The inside dimensions of the enclosure shall permit adequate access for refuse collection vehicles and the enclosure shall be situated on a reinforced concrete pad at least six inches thick, which pad shall extend at least six feet beyond the opening of the enclosure.
Refuse dumpsters and exterior service areas must be maintained in good repair and be structurally sound, free of debris and neat and clean in appearance. The name, address and telephone number of the owner and lessee of each dumpster shall be clearly marked on each dumpster.
The proposed structure, location and materials shall be acceptable to the Director of Public Services as a prerequisite to the issuance of any building permit, and the Director of Public Services shall not issue a certificate of occupancy unless the provisions of this section have been fully met. Within one year of the effective date of this appendix, any outside storage of rubbish in dumpsters shall comply with this section.
H)
Outdoor storage. Outdoor storage areas must be screened from all adjacent rights-of-way with an obscuring wall no less than four feet six inches in height or the height of the materials being screened, whichever is greater. This includes screening for vehicles, if approved as part of a special land use. The Planning Commission may approve a wood fence as an alternative to a masonry wall in the event that masonry wall would negatively impact the community design context.
I)
Mechanical and utility equipment screening. Transformers, wireless communication facilities, climate control and mechanical equipment, and other above ground utility cabinets must be screened with evergreen plantings or a decorative opaque fence at least one foot taller than the height of the cabinet/equipment. This requirement does not apply to equipment serving one- or two-family dwelling units.
(Ord. No. 244, § 3(Exh. A), 12-9-2024)
A)
Single-family residential. Within one year of the issuance of a temporary certificate of compliance, the following is required for new single-family dwelling units:
1)
Landscaping. Front yards must be landscaped with lawns, groundcover plants, flower beds, deciduous shrubs, evergreen material, and ornamental trees. All such landscaping and planting shall be maintained in a healthy, growing condition, neat and orderly in appearance.
2)
Where present, lawns must be sodded, seeded or hydro seeded, and installed in all areas of residential property not otherwise landscaped, and must be maintained and present complete coverage within three months of planting. The property owner is responsible for soil erosion protection prior to the installation and for maintaining the approved grade before and after lawn installation.
3)
Trees. Two trees (deciduous or evergreen) must be provided per parcel (unless they already exist on the site and are in a healthy condition); at least one tree must be planted in the front yard. Ornamental trees do not count toward this requirement.
B)
Multiple-family residential. In addition to the standards listed in subsection A, multiple-family residential uses must provide a minimum of two deciduous or evergreen trees per dwelling unit, unless otherwise determined by the Planning Commission. This requirement does not apply to mixed-use residential projects, which are governed by Section 6.04, Non-residential landscape design standards.
(Ord. No. 244, § 3(Exh. A), 12-9-2024)
A)
General standards.
1)
Fences shall not contain barbed wire or any other type of sharp-edged wire or have electric current or a charge of electricity.
2)
No chain link or similar type fencing shall contain slats, webbing, synthetic materials, or other fabric for the purpose of creating a privacy type fence.
3)
Fences, over two feet in height (other than spit rail and chain link) shall not be constructed within the clear corner vision triangle as defined in Section 5.08, Clear vision triangle.
4)
For fences erected along a lot line, a joint permit application shall be submitted and consent to install the fence provided by all property owners. Except for a fence with a common end or corner post, no fence shall be attached to or touch a fence located on another property owner's lot or on the same lot.
5)
All fence support posts shall face the property of the person erecting the fence. In the case of abutting property owners who elect to share the expense and erect a fence together, both shall be co-owners of the same and it shall be the responsibility of the property owners to determine the location of the posts in compliance with this section.
B)
Materials.
1)
Fences may be constructed of metal, wire, chain link, iron, vinyl (or similar), composite, naturally durable wood or treated wood.
2)
Hedges, ornamental shrubs and trees, and bushes may be considered fences for the purpose of this article when placed in a manner or position to serve as such. A living fence shall be a continuous natural barrier intended to separate two yards or two areas of a yard. A continuous hedge, tightly knit row of shrubs or ornamental trees, or lattice-woven fence composed of living woody plants are all considered a living fence.
3)
A mixture of differing materials shall not be permitted along a continuous face of the fence.
C)
Definitions. The following definitions apply when considering fences, specifically:
1)
Height. Height is measured from the general level of the ground in the immediate vicinity. Where the level is different on either side of a fence, the average between the two shall be used.
2)
Frontage (corner parcels). For corner lots, or lots that have two parallel or multiple street frontages, the front and rear yards are determined by the Public Services Director based on the pattern of development on adjacent lots.
3)
Front/rear yard (waterfront parcels). For the purposes of this section, the side of the parcel abutting the waterbody shall be considered the "front yard" and the side of the parcel abutting the street shall be considered the "rear yard" for all waterfront parcels, with "yard" meaning the space as defined in Section 16.02, Glossary.
D)
Location and height.
1)
No fence shall be constructed or maintained on any part of a front yard.
2)
No fence shall be more than four inches off the ground at its lowest point between the supporting posts or slats.
3)
Fences shall not be located less than two feet from any public sidewalk.
4)
Fences shall not exceed six feet in height along any rear lot line, or when constructed in the rear yard interior, and shall not exceed four feet in height along any side lot line, or when constructed in the side yard interior.
a)
Fence height may be increased up to six feet along any side lot line, or when constructed in the side yard interior, if the side yard directly abuts a right-of-way or the resident proposing to build such fence has notified his immediately adjoining property owners of his intention to construct such fence and has obtained their written consent thereto within a period of 60 days preceding the issuance of a permit for the construction of such fence.
b)
For all waterfront parcels, fences shall not exceed four feet in height along any rear lot line, or when constructed in the rear yard interior, and fences shall be set back no less than three feet from the established right-of-way or rear lot line, whichever is greater.
c)
For all waterfront parcels, standard fence requirements apply on side yards up to the water view side of the principal structure, except living fences shall not exceed nine feet in height. Only living fences of four feet in height or below are allowed between the front line of the structure and the water itself, on the condition that the adjacent owner gives written consent within a period of 60 days preceding the issuance of a permit for the construction of such fence.
Rear yard fences on waterfront parcels are limited to four feet in height. The height limit may be increased to six feet if the fence is 50 percent transparent or greater.
d)
For commercial uses, fence height may be increased up to six feet along any side lot line, or when constructed in the side yard interior, when, in the determination of the Planning Commission, the additional height is necessary to adequately screen and secure a permanent outdoor storage area.
E)
Construction and maintenance.
1)
Construction of fences shall comply with the state construction code as applicable.
2)
Fences shall be maintained in a neat and safe condition at the expense of the owner of the property in accordance with the terms of this appendix.
3)
The maintenance of fences erected between residential properties shall be at the expense of the owner constructing the fence or as may be mutually agreed upon with the adjoining property owner; the city shall not enforce any agreement regarding a mutual or separate payment for the costs of maintenance or repair.
F)
Permitting. Unless otherwise provided, no person shall erect, re-erect, alter or relocate any fence unless a permit has first been obtained from the Department of Public Services, unless a review has been conducted by the city Department of Public Services verifying no permit or fee is required. The Department of Public Services shall have the authority to issue a fence permit, provided the application satisfies all requirements of this article and other applicable laws of the city and the state. An application for a fence permit shall be submitted to the Department of Public Services and shall include:
1)
Plans and specifications showing the dimensions, materials and required details of erecting the fence.
2)
Plans indicating the location of the parcel of land upon which the fence is to be erected, the property line and the position of the fence in relation to adjoining houses, buildings or structures (it shall be the responsibility of the person erecting the fence to identify the property lines).
3)
A plot plan or survey which shall be attached to the application, and which shall show the property line.
4)
Such other information as the Department of Public Services may require showing full compliance with this and other applications of the city and the state.
5)
The assigned fee, as set by the fee schedule adopted by resolution of the Council and, paid to the Department of Public Services at the time the application is filed.
G)
Exceptions and appeals. Deviations from this section may be allowed in the circumstances described herein:
1)
Religious institutions, child care facilities, and private schools are exempt from the location requirements of subsection D(1).
2)
Any party who has been refused a fence permit by the Department of Public Services for a proposed fence erection may seek a special exception from the provisions of this article by filing a claim of appeal to the Zoning Board of Appeals.
3)
At the variance hearing, the Zoning Board of Appeals may grant a special exception upon a finding of all of the following:
a)
The particular physical surroundings, shape or topographical conditions of the property would render compliance with the provisions of this article difficult and would likely result in a particular hardship on the person erecting the fence as distinguished from inconvenience of the article requirements or a desire to increase financial gain or avoid the financial expense of compliance.
b)
Strict enforcement of the provisions of this article would be futile.
c)
The type of fence and the location proposed would not pose a significant risk to the public health, safety and general welfare.
d)
The benefit of the fence to the public and/or the applicant under the circumstances outweighs any risk to the health, safety and general welfare of the residents of the city.
e)
A variance would be in the best interest of the city and not against the spirit and intent of this section.
4)
In issuing a variance from the strict letter of the provisions of this appendix, the Zoning Board of Appeals may modify any fence requirement or place reasonable conditions or restrictions upon issuance of a permit.
(Ord. No. 244, § 3(Exh. A), 12-9-2024)