Holly City Zoning Code
GENERAL REGULATIONS
§ 157.025 INTRODUCTION.
The standards and regulations listed in this subchapter shall apply to all uses, buildings, and structures within all zoning districts, unless otherwise specifically addressed.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.026 WITHHOLDING OF APPROVAL.
The Planning Commission and/or Zoning Commission, as required, Board of Appeals, or Village Council may withhold granting of approval of any use, special land use, site plan, planned unit development plan, variance, or other approval required by this chapter pending approvals which may be required by state, county, or federal agencies or departments.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.027 VOTING PLACE.
The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a village, school, or other public election.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.028 LOT AREA.
Any lot existing and of record on the effective date of this chapter may be used for any principal use permitted, other than special land uses for which special lot area requirements are specified in this chapter, permitted in the district in which such lot is located, whether or not such lot complies with the lot area and width requirements of this chapter. Such use may be made; provided, that all requirements other than lot area and width prescribed in this chapter are complied with, and provided, that not more than one dwelling unit shall occupy any lot, except in conformance with the provisions of this chapter for required lot area for each dwelling unit.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.029 PRINCIPLE BUILDING, STRUCTURE, OR USE.
No lot may contain more than one principal building, structure, or use, except, groups of multiple-family dwellings under the same ownership; condominium developments; manufactured housing parks; unified shopping centers; an auto dealership; an office complex; a mixed-use development with residential and office uses; a multi-building industrial use; or a planned unit development.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012; Council Action Req. passed 4-18-2018)
§ 157.030 SINGLE-FAMILY DWELLING DESIGN STANDARDS.
(A) (1) Single-family dwellings, whether mobile homes, manufactured homes, modular homes, or site (“stick”) built homes, located outside a mobile home park, shall conform to the standards of this section in addition to HUD standards or the Village Building Code, as appropriate.
(2) In order to preserve the substantial investment of property owners in single-family neighborhoods, single-family homes erected in residential districts shall not be grossly dissimilar to the exterior design and appearance of existing detached single-family homes in the surrounding area. The term GROSSLY DISSIMILAR as used in this section, means an immediately obvious difference apparent to professionals in the building trade, neighbors, and potential residents.
(B) The standards herein are intended to prevent grossly dissimilar dwellings which would adversely affect the value of dwellings in the surrounding area, adversely affect the desirability of an area to existing or prospective homeowners, impair the stability of the environment, prevent the most appropriate use of real estate, and lessen the opportunity to realize the development pattern envisioned in the community Master Plan.
(1) Code compliance.
(a) Each such dwelling unit shall comply with all pertinent building and fire codes. In the case of a mobile home, all construction and all plumbing, electrical apparatus, and insulation within and connected to said mobile home shall be of a type and quality conforming to the Mobile Home Construction and Safety Standards, as promulgated by the U.S. Department of Housing and Urban Development, being 24 C.F.R. pt. 3280, as amended.
(b) Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements. Where there are conflicting applicable regulations, the more stringent shall apply.
(2) Building permit. All construction required herein shall be commenced only after a building permit has been obtained in accordance with the Village Building Code and other building regulations.
(3) Certification. If the dwelling unit is a mobile home, the mobile home must, either be:
(a) New and certified by the manufacturer and/or appropriate inspection agency as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as amended, or any similar successor or replacement standards which may be promulgated; or
(b) Used and certified by the manufacturer and/or appropriate, inspection agency as meeting the standards referenced in division (B)(2)(a) above, and found, on inspection by the Zoning Official or his or her designee, to be in excellent condition and safe and fit for residential occupancy.
(4) Dimensional standards. Each such dwelling unit shall comply with the minimum standards listed in § 157.009 for the zoning district in which it is located, including minimum lot area, minimum lot width, minimum floor area, required setbacks, and maximum building height.
(5) Foundation.
(a) Each dwelling unit shall be firmly attached to a permanent basement or crawl space foundation constructed on the site in accordance with the Village Building Code and shall have a wall of the same perimeter dimensions of the dwelling and constructed of such materials and type as required in the applicable Building Code for single-family dwellings.
(b) If said dwelling is a mobile home, the dwelling shall be securely anchored to the foundation to prevent displacement during windstorms.
(6) Undercarriage.
(a) In the event that such dwelling unit shall be a mobile home, the wheels, tongue, hitch assembly, and other towing appurtenances shall be removed before attachment to its permanent foundation.
(b) The foundation or skirting shall fully enclose the towing mechanism, undercarriage, and chassis.
(7) Storage area.
(a) Each such dwelling unit shall contain a storage area equal to 10% of the square footage of the dwelling or 100 square feet, whichever shall be less.
(b) This storage area shall consist of a basement, attic, or attached garage, or in a separate detached accessory structure which complies with the standards of this section regarding accessory buildings and structures. The intent of these standards is to limit the extent of outdoor storage.
(8) Architectural compatibility.
(a) In the event that such dwelling unit shall be a manufactured, modular, or mobile home as defined herein, each such home shall be aesthetically compatible in design and appearance with at least one-half of all other residences in similar zoning districts in the surrounding area. Surrounding area shall be defined as within 500 feet of the subject dwelling unit; with measurements made from the edge of the lot in each direction.
(b) The determination shall be made by the Zoning Official based on the following factors:
1. The type of material used in the proposed dwelling is not grossly dissimilar to the type of materials used in single-family homes in the surrounding area, provided, the reflection from such exterior surface shall be no greater than from white semi-gloss exterior enamel;
2. The design and position of windows shall not be grossly dissimilar in relation to other single-family homes in the surrounding area;
3. A roof overhang of not less than six inches on all sides shall be provided, or alternatively with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling;
4. A minimum of two exterior doors shall be provided with the second one being in either the rear or side of the dwelling;
5. The width across any front, side, or rear elevation shall be a minimum of 20 feet and comply in all respects with the Village Building Code;
6. An applicant may appeal to the Board of Appeals within a period of 20 days from the receipt of notice of said Zoning Official’s decision; or
7. The above standards shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.
(9) Exceptions. The foregoing standards shall not apply to a mobile home located in a licensed mobile home park, except to the extent required by state or federal law or otherwise specifically required in this chapter and pertaining to such parks. Mobile homes which do not conform to the standards of this section shall not be used for dwelling purposes within the village, unless located within a mobile home park or a mobile home subdivision district for such uses, or unless used as a temporary residence as otherwise provided in this chapter.
(Ord. 259, passed 10-24-1995; Ord. 357, passed 3-16-2003; Ord. passed 2-1-2012)
§ 157.031 REGULATIONS ON USE OF BUILDING FOR DWELLING.
(A) The use of any portion of the cellar (more than one-half the room is below grade) of a partially completed building, detached garage, or accessory building for sleeping purposes in any zoning district is prohibited.
(B) (1) Dwellings are not permitted in the office, commercial, or industrial districts, except for legal nonconforming dwelling existing at the time the zoning ordinance was adopted, a caretaker’s quarters in a funeral home or veterinary clinic, upper story residential in the Central Business District which meets applicable standards of this chapter, and the Village Building Code, or housing used exclusively by security or custodial personnel and approved by the Board of Zoning Appeals.
(2) The use of trailers and recreational vehicles for housing such security and custodial personnel is prohibited.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.032 DETERMINATION OF SIMILAR USES
(A) In recognition that every potential use cannot be addressed in this chapter, districts may include the phrase “uses of the same nature or class as uses listed in this district as either a permitted use or a special land use, but not listed elsewhere in this chapter, as determined by the Planning Commission and/or Zoning Commission, as required, based on the standards of this section” at the end of the list of special land uses. The Planning Commission and/or Zoning Commission, as required, shall make a determination of “uses of the same nature and class...” according to the following:
(1) A finding the proposed use is not listed as a principle use permitted or special land use in any zoning district;
(2) If the use is not addressed in the zoning ordinance, the Planning Commission and/or Zoning Commission, as required, shall select the use listed in the zoning ordinance which most closely resembles the proposed use using criteria such as potential impact on property values, traffic generated, aesthetics, noise, vibration, dust, smoke, odor, glare, and other objectionable impacts terms of health, safety, and welfare in the village. The Planning Commission and/or Zoning Commission, as required, may determine that there is no similar use and that the use should be prohibited (see § 157.033);
(3) Once a similar use is determined, the proposed use shall comply with any special conditions or special land use standard that apply to the similar use;
(4) The Planning Commission and/or Zoning Commission, as required, or applicant shall have the option to request that the Village Council consider an amendment to the zoning ordinance to specifically address the use in question, rather than treating the proposed use as a similar use; and
(5) (a) The determination as to whether a proposed use is similar in nature and class to other principal use permitted or special land uses within a district should be considered as an expansion of the use regulations, not a variance applying to a particular situation.
(b) Any use determined by the Planning Commission to and/or Zoning Commission, as required, be a “use of the same nature or class as uses listed” shall thereafter be included in the enumeration of the uses.
(B) The Planning Commission’s and/or Zoning Commission’s, as required, determination of a “similar use” may be appealed to the Zoning Board of Appeals.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.033 PROHIBITED USES.
(A) (1) Certain uses may not be appropriate within the village given the existing development pattern, environmental condition, and overall character of the community.
(2) In accordance with the Village and City Zoning Act, a zoning ordinance or zoning decision can totally prohibit the establishment of a requested land use within a village if there is not an appropriate location within the community or the use is unlawful, even if there is a demonstrated need for that land use either in the village or surrounding area.
(B) In determining if there is no appropriate location for the requested use within the village, the Planning Commission and/or Zoning Commission, as required, 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) Finding there is an alternative land use for the property that will provide the property owner with a reasonable rate of return on investment.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.034 ESSENTIAL PUBLIC SERVICES.
(A) Essential services buildings and structures.
(1) Essential services buildings and structures shall be permitted as authorized under any franchise in effect within the village, subject to regulation as provided in any law of the state the list of uses within each zoning district or in any other village ordinance provided it is the intent of this section to ensure conformity of all buildings, structures uses, and storage yards to the requirements of this chapter wherever such conformity shall be practicable and not in conflict with the specific requirements of such franchise, state legislation. or village ordinance.
(2) In the absence of such conflict, the zoning ordinance shall prevail.
(3) Appeal from the application of this chapter in regard to any essential service may be made to the Board of Zoning Appeals.
(B) Public and on-site utilities. Prior to issuance of a building permit under the terms of this chapter, the applicant shall obtain engineering approval from the village.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.035 ACCESSORY BUILDINGS.
All accessory buildings and structures permitted in this chapter shall be subject to the following.
(A) Relation to principal building.
(1) Accessory buildings, structures, and uses are permitted only in connection with, incidental to and on the same lot with, a principal building, structure, or use which is permitted in the particular zoning district.
(2) No accessory building, structure, or use shall be occupied or utilized, unless the principal structure to which it is accessory is occupied or utilized.
(B) Maximum size.
(1) In residential districts, the total floor area of all accessory buildings on a lot shall not exceed 35% of the floor area of the principal structure, plus 4% of the total lot area.
(2) Not more than two accessory structures shall be permitted on any residential lot.
(C) Placement and setbacks.
(1) Accessory buildings.
(a) Accessory buildings shall not be erected in any right-of-way, easement, front yard, required front yard, or in the required side yard between the required front yard and required rear yard.
(b) An accessory building wall shall be located a minimum of five feet from a property line when the width of the lot is 80 feet or less.
(2) Accessory building wall.
(a) An accessory building wall shall be located a minimum of nine feet from a property line on all other properties.
(b) Overhangs shall be allowed to extend into the setback area up to a maximum of 18 inches.
(c) A separate accessory building overhang shall not he or she located within five feet of any other building overhang.
(d) An enlargement or alteration of an existing nonconforming building line shall be permitted; provided, that the accessory structure is not enlarged by more than 50% of its existing gross floor area and; provided, that the accessory building is setback at least three feet from the lot line.
(3) Setback of the addition. The setback of the addition shall not be less than the existing building as illustrated below.
(4) Corner lot location.
(a) When an accessory building is located on a corner lot, it shall not be placed in either front yard. In the case of attached residential dwelling complexes, detached parking garages, or carports may be permitted in the non-required front yard provided the Planning Commission and/or Zoning Commission, as required, approves the site plan, landscaping, elevation drawings, and construction materials.
(b) In reviewing such structures, the Planning Commission and/or Zoning Commission, as required, shall consider the impact of headlights and views from nearby public streets and adjacent properties.
(5) Required setbacks (attached). Where the accessory building, structure, or use is structurally attached to a principal building, structure, or use (e.g., a deck, garage or breezeway), it shall be subject to all the regulations of this section applicable to principal buildings, structures, and uses.
(6) Maximum, height.
(a) The maximum height of any detached accessory building or structure in any district shall be 12 feet when allowed to be placed five feet or less from a property line, and 18 feet for all other locations.
(b) The height may exceed the limits listed above if the roof pitch matches the principal building, and the accessory building wall height is limited to eight feet or less.
(7) Drainage. The placement and design of any accessory building or structure shall not have a significant impact on stormwater runoff. The Zoning Official may require grading plans to ensure compliance with this section.
(8) Restrictions on use. Accessory buildings shall not be occupied for dwelling purposes nor used for any business, trade, or occupation, except for permitted caretaker’s dwellings, except as permitted in § 157.031.
(9) Permit required. The construction or placement of any accessory building or structure greater than 200 square feet shall require a building permit.
(D) Design standards.
(1) This type of structure shall be suitably anchored to a foundation, piers, or by some other means so as to prevent the building from being moved by high winds.
(2) Shall be similar-colored to match the facades of buildings located on the property or earth tone.
(3) Shall have a pitched roof with the same slope as the primary structure on the property.
(Ord. 259, passed 10-24-1995; Ord. 319, passed 12-15-1998; Ord. 362, passed 9-14-2003; Ord. passed 2-1-2012; Ord. 459, passed 3-10-2020)
§ 157.036 WASTE RECEPTACLES.
(A) (1) Receptacles, including waste receptacles, waste compactors, and recycling bins shall be designed, constructed, and maintained according to the standards of this section.
(2) Waste receptacle location and details of construction shall be shown on site plans.
(B) A change in receptacle location or size shall require modification to the enclosure, as warranted by this section.
(1) Location.
(a) Waste receptacles shall be located in the rear yard or non-required side yard, unless otherwise approved by the Planning Commission and/or Zoning Commission, as required, shall be as far as practical, and in no case be less than 20 feet from any residential district, and in such a way that they are not easily damaged by the refuse device.
(b) The location and orientation of waste receptacle and enclosure shall minimize the potential for the waste receptacle to be viewed from public street or adjacent residential districts.
(2) Access. Waste receptacles shall be easily accessed by refuse vehicles without potential to damage the building or automobiles parked in designated parking spaces.
(3) Base design.
(a) The receptacle base shall be at least ten feet by six feet, constructed of six inches of reinforced concrete pavement.
(b) The base shall extend six feet beyond the waste receptacle pad or gate to support the front axle of a refuse vehicle.
(4) Enclosure.
(a) Waste receptacles shall meet the following standards. Each waste receptacle shall have an enclosing lid or cover.
(b) Waste receptacles shall be enclosed on three sides with a gate on the fourth side. The gate must be maintained in operable and sanitary condition.
(c) The enclosure shall be a berm or constructed of brick, decorative block, or decorative pre-cast panel with brick effect or of the same material as the principal building with a maximum height of six feet or at least one foot higher than the receptacle, whichever is higher, and spaced on three sides at least three feet from the receptacle.
(d) Bollards or similar protective devices shall be installed at the opening to prevent damage to the enclosure.
(e) Two bollards shall be located at the front corners of the receptacle as shown on the sketch below. Two bollards or a concrete curb shall be located at the rear of the enclosure, behind the receptacle.
(g) The gates shall be constructed of wood or metal and shall be opaque so the receptacles are not visible when the gates are closed.
(h) In locating trash enclosures, primary consideration shall be given to access for service, minimizing on-site traffic congestion and minimizing visibility or other effects on those utilizing the site or adjoining properties.
(i) The Planning Commission and/or Zoning Commission, as required, may modify or waive the required enclosure or its construction standards when it determines that no significant negative effects will result from the waiver.
(5) Receptacle and enclosure required.
(a) All nonresidential uses shall have access to a dumpster enclosure on site or on a nearby property. The dumpster may be shared by two or more businesses.
(b) All newly created nonresidential sites shall be required to have an exterior trash receptacle and enclosure included in their site plan proposal.
(c) All existing nonresidential sites shall construct and utilize a proper enclosure within five years from the adoption date of this chapter. This provision shall be removed from this chapter at the end of the fifth year.
(Ord. 259, passed 10-24-1995; Ord. 349, passed 1-30-2002; Ord. passed 2-1-2012)
§ 157.037 FENCES.
Fences are permitted subject to the following regulations.
(A) Location in front yards. Fences of an ornamental nature may be located in a front yard of any lot of record up to a height of 36 inches; provided, that for corner lots adequate sight distance is provided as described in § 157.049.
(B) Location in other yards. Fences between two properties should be located on the property line or at least six inches inside the property line and the fence owner is responsible for maintaining the property between the fence and the property line. On all lots of record, fences which enclose property and/or are within a required side, or rear yard shall not exceed six feet in height, and shall not extend toward the front of the lot nearer the front of the house or the required front yard, whichever is greater.
(C) Prohibition in right-of way. Fences shall not be erected in public street rights-of-way.
(D) Location/height in industrial districts. Fences in the M Industrial Districts with a maximum height of six feet may be located in any yard, except the front yard provided such fences shall be located on parcels with a principal building containing an approved industrial use, the fence is maintained in good condition and does not constitute an unreasonable hazard or nuisance.
(E) Wood fence standards. Wooden fences shall be a maximum of six feet in height measured from the surrounding grade at every point along the fence line. Wood fences having one finished side shall have the exposed fence posts facing inward with the finished side of the fence facing outward, unless otherwise approved by the Zoning Official. There shall not be more than two inches separating the bottom of the face board and the surface of the ground.
(F) Chain link standards. No chain link or wire fence shall hereafter be erected in any required rear or side yard area on any lot of record in excess of six feet in height measured from the surrounding grade at every point along the fence line. Welded wire fences are strictly prohibited, unless utilized in conjunction with an approved fencing operation.
(G) Materials. Ornamental fences are of approved materials, of a design as to be non-sight obscuring and of a fence type listed below:
(1) Post and rail;
(2) Split rail;
(3) Picket;
(4) Wrought iron; or
(5) Other types of ornamental fences must be approved by the Planning Commission and/or Zoning Commission, as required, prior to placement in a front yard area.
(H) Restrictions on electrification. Fences shall not contain electric current or charge of electricity.
(I) Restriction on barbed wire, and the like. Barbed wire, spikes, nails, or any other sharp instruments of any kind are prohibited on top of or on the sides of any fence, except in industrial districts.
(J) Maintenance. All fences shall be maintained in a good condition, in an upright position and shall not constitute an unreasonable hazard. Any fence which is not maintained, as determined by the Zoning Official, shall be removed or replaced (any required fence shall be replaced).
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.038 RECEPTION ANTENNAS.
(A) Radio or television antennas or towers, including satellite dish antennas and transmission or reception antennas below 300 watts of output, erected, or installed in any zoning district shall comply with the following requirements.
(B) Traditional television and radio antennas, reception antennas with a diameter of two feet or less and short wave (HAM) radio antenna are exempted from these regulations when not exceeding a 50-foot height above mean grade or ten feet above the roof line in a residential district; or 100 feet above mean grade in other zoning districts based on a finding that they do not impose potential negative safety, aesthetic, and welfare problems.
(1) There shall be only one antenna constructed per parcel or lot.
(2) An antenna, tower, or satellite dish antenna shall be located only in a side or rear yard.
(3) No portion of an antenna, including a satellite dish antenna, shall be located closer than six feet, measured on a horizontal plane, from any side or rear lot line, or placed on any easement.
(4) (a) Ground-mounted satellite dish antennas in a yard fronting on a public street shall be screened from view from such street by landscaping or a wall. The applicant shall submit a sketch plan to the Zoning Official 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.
(b) Ground-mounted antennas shall be subject to the following conditions:
1. Maximum height permitted shall be 14 feet and 17 feet if placed on a structure;
2. The antenna shall be located in the non-required side or rear yard area; or
3. The antenna shall be obscured from the view of adjacent properties by a screening wall or fence, evergreen plantings, or a combination of the above.
(5) The diameter of antennas and satellite dishes shall not exceed ten feet.
(6) No advertising or identification display shall be placed on any portion of an antenna or tower, including a satellite dish antenna.
(7) (a) Erection or movement of an antennas, tower, or satellite dish shall require a permit from the Village Zoning Official.
(b) 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 and must comply with the maximum building height regulations in § 157.009.
2. All roof-mounted antennas must be anchored in an approved as outlined in the Village Building Code.
3. The antenna shall not be mounted on the front of the structure.
(8) 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 adjacent properties shall not be negatively impacted.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.039 ACCESSORY USE AND BUILDING PARKING.
Each accessory use that may generate additional demand for parking shall provide parking in addition to that required for the principal use. The parking standards provided in §§ 157.145 to 157.151, shall be used as a guide to determine additional parking needed. If no specific standard is provided, the Zoning Official shall determine the additional parking needed based on factors such as increased occupancy potential, additional employees or patrons expected.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.040 NATURAL FEATURES PRESERVATION.
(A) Woodlands.
(1) The standards of this section are intended to promote the preservation of important woodlands and large mature trees which contribute to the character, welfare, and quality of life in the village.
(2) These standards are intended to prevent the unnecessarily removal of woodlands prior to, during, and following construction on a site.
(a) Any property owner or his or her representative proposing to clear more than 25% of the trees of eight-inch caliper or greater on a site, as determined by the Zoning Official, shall first notify the village of the intent of such clearing and/or earth change and submit a proposed sketch plan describing the sites features for review and approval by the Planning Commission and/or Zoning Commission, as required. In the case that such clearing is proposed on a site requiring site plan review, this information shall be provided as part of the submittal requirements for site plan review.
(b) The Planning Commission and/or Zoning Commission, as required, shall review the sketch plan and approve a clearing plan which minimizes disturbance to valuable natural site features and trees which exceed the eight-inch caliper standard.
(c) This section shall not prevent tree clearing for approved building envelopes, swimming pools, decks, essential services, utility lines, or construction drives, nor shall this chapter prohibit site alterations for farming purposes. The Planning Commission and/or Zoning Commission, as required, may waive the caliper standard for select clearing of lower quality species, including box elders, elms, poplars, willows, and cottonwoods.
(B) Wetlands.
(1) The village intends to promote compliance with the Goemaere-Anderson Wetland Protection Act, Public Act 203 of 1979, 451 of 1994, being M.C.L.A. §§ 324.30301 et seq., as amended. The village encourages placement of buildings to protect State Department of Natural Resources regulated wetlands and non-regulated wetlands between two acres and five acres in size.
(2) The village intends to ensure important wetlands are preserved, to prevent the mistaken elimination of regulated wetlands and to promote the goals of the Village Master Plan.
(a) Any disturbance of soils, removal of landmark trees or stumps, grading, alteration of water flowing into or from an MDNR regulated wetland, or any prohibited activity as listed in Public Act 203 of 1979, § 5, without a permit from the MDNR, may result in a stop work order issued by the village and/or require restoration of the wetland in accordance with MDNR standards.
(b) Judicious effort shall be made through site plan design to preserve non-MDNR regulated wetlands which exceed two acres in size, particularly those with standing water or considered to be important wildlife habitat.
(c) Where stormwater is planned to drain into a wetland, a filtration strip or other material shall be used to control runoff of sediment and the wetland. Maintenance of these material shall be addressed in a deed or as a condition of site plan approval.
(d) Land shall not be subdivided in a manner creating parcels or lots which cannot be used in conformance with the requirements of this section or the MDNR regulations.
(C) Grading, removal, and filling of land.
(1) Any grading which changes site elevation by more than three feet, or the use of land for the excavation, removal, filling, or depositing of any type of earth material, topsoil, gravel, rock, garbage, rubbish, or other wastes or by-products, is not permitted in any zoning district, except under a certificate from, and under the supervision of the Zoning Official in accordance with a topographic plan, approved by the Zoning Official, submitted at a scale of not less than one inch equals 50 feet and shall show existing and proposed grades and topographic features and such other data as may from time to time be required by the Zoning Official.
(2) (a) Such certificate may be issued in appropriate cases upon the filing with the application of a performance or surety bond in an amount as established by the Zoning Official sufficient to rehabilitate the property upon default of the operator or such other reasonable expenses.
(b) The form of the bond shall be approved by the Village Attorney. This regulation does not apply to normal soil removal for basement or foundation work when a building permit has previously been duly issued by the Building Department.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.041 MINIMUM FRONTAGE ON PUBLIC STREET.
No lot shall be used for any purpose permitted by this chapter, unless said lot has at least 35 feet abutting a public or approved private street. The minimum lot width is required at the front setback line as described in § 157.009. This shall not preclude use of existing lots of record which have a frontage of less than 35 feet. The intent of this section is to ensure no new lots with less than 35 feet of frontage are created and that conformance be required, except where may be allowed by a variance granted by the Zoning Board of Appeals. Once obtained, the minimum lot width shall not be reduced at any point on the lot (see definition of “lot width”).
(Ord. 259, passed 10-24-1995; Ord. 327, passed 9-23-1999; Ord. passed 2-1-2012)
§ 157.042 CALCULATION OF BUILDING LOT AREA.
Lakes and ponds, overhead utility easements, public street rights-of-way and private road easements are excluded from area calculations for buildable lot area.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.043 EXTERIOR LIGHTING.
(A) Intent and purpose.
(1) Village residents value small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the nighttime sky, and results in unnecessary use of electric power. It is also recognized that some exterior lighting is appropriate and necessary to maintain public safety and welfare.
(2) This section is intended to help maintain the health, safety, and welfare of the residents of the village through regulation of exterior lighting in order to:
(a) Promote safety and security;
(b) Help preserve the small town character;
(c) Eliminate the escalation of nighttime light pollution;
(d) Reduce glaring and offensive light sources;
(e) Provide clear guidance to builders and developers;
(f) Encourage the use of improved technologies for lighting;
(g) Conserve energy; and
(h) Prevent inappropriate and poorly designed or installed outdoor lighting.
(B) Applicability. The lighting standards of this section shall be applicable to all outdoor lighting within the village.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FIXTURE HEIGHT. Height of the fixture shall be the vertical distance from the ground directly below the centerline of the fixture to the lowest direct light emitting part of the fixture.
FOOTCANDLES. A unit of illumination of a surface that is equal to one lumen per square foot. For the purposes of these regulations, FOOTCANDLES shall be measured at a height of three feet above finished grade.
FULLY SHIELDED LIGHT. Light fixtures shielded or constructed so that no light rays are directly emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. The fixture must also be properly installed to effectively direct light down in order to conform with the definition.
HIGH-INTENSITY DISCHARGE LIGHT SOURCE (HID). Light sources characterized by an arc tube or discharge capsule that produces light, with typical sources being metal halide, high pressure sodium, and other similar types which are developed in accordance with accepted industry standards.
LIGHT TRESPASS. The shining of light produced by a light fixture beyond the boundaries of the property on which it is located.
POINT LIGHT SOURCE. The exact place from which illumination is produced (i.e., a light bulb filament or discharge capsule).
(D) Lighting plans.
(1) Subject to the provisions set forth herein, all parking areas, walkways, driveways, building entryways, off-street parking and loading areas, and building complexes with common areas shall be sufficiently illuminated to ensure the security of property and the safety of persons using such public or common areas. One lighting structure shall be provided on each side of an entrance or exit drive or street at its intersection with the public road, except where a boulevard or divided entrance/exit drive is proposed, one lighting structure may be located in the boulevard or island area for the purpose of illuminating the intersection.
(2) (a) An outdoor lighting plan shall be submitted in conjunction with applications for subdivision, planned unit development, special use permit application, site plan review, and building permit application for a commercial, industrial, or multi-family building. Such lighting plans shall be subject to establishment and approval through the applicable review processes.
(b) Said lighting plan shall show, the following:
1. The location and height above grade of light fixtures;
2. The type (such as incandescent, halogen, high pressure sodium) and luminous intensity of each light source;
3. The type of fixture (such as floodlight, full-cutoff, lantern, coach light);
4. Estimates for site illumination resulting from the lighting, as measured in footcandles, should include minimum, maximum, and average illumination. Comparable examples already in the community that demonstrate technique, specification, and/or light level should be provided if available to expedite the review process; and
5. Other information deemed necessary by the Zoning Official to document compliance with the provisions of this subchapter.
(E) Nonresidential lighting standards. The following lighting standards shall be applicable to all nonresidential properties, including mixed uses.
(1) Shielding.
(a) Outdoor lighting used to illuminate par-king spaces, driveways, maneuvering areas, or buildings shall conform to the definition for “fully shielded light fixtures” and be designed, arranged, and screened so that the point-light source shall not be visible from adjoining lots or streets.
(b) No portion of the bulb or direct lamp image may be visible beyond a distance equal to or greater than twice the mounting height of the fixture. For example, for a fixture with a mounting height of 12 feet, no portion of the bulb or direct lamp image may be visible from 24 feet away in any direction.
(c) All light sources which are not fully shielded shall use other than a clear lens material as the primary lens material to enclose the light bulb so as to minimize glare from that point light source. Exceptions may be allowed where there is a demonstrated benefit for the community determined through the exemption process listed in this section.
(2) Intensity. The light level shall maintain an average of one-half footcandles over the entire area to be illuminated, but no more than ten footcandles as measured three feet above finished grade in any given area. Exemptions may be requested for areas with high commercial, pedestrian, or vehicular activity up to a maximum of 20-footcandles. Where adjacent to Residential (R) Zoned Districts, light levels at the property line shall be limited to one-tenth footcandles. Exemptions may be granted by the Planning Commission and/or Zoning Commission, as required, based on actual use of the adjacent property or other conditions specific to the site plan.
(3) Height. Outdoor lighting shall be 12 feet or less in height, maximum, unless it meets one or more of the following criteria:
(a) Fixture heights may be match the roof height of the primary building on the site or parcel which the public or common area serves, provided the overall height does not exceed 20 feet;
(b) Fixtures in pedestrian walkways, i.e., along internal sidewalks, shall be limited to 12 feet in height or less;
(c) Building mounted lighting located above over-head-doors shall be limited to 36 inches above the top of the door opening;
(d) Decorative building mounted lighting; and
(e) Lighting on above grade decks or balconies which shall be fully shielded.
(4) Fixtures. Outdoor pole type light fixtures shall be similar to that manufactured by D.S. Daley Co, of Highland, Michigan. See sketch 320-A below.
(5) High-intensity discharge (HID) light sources. High Intensity discharge (HID) light sources are allowed with a maximum of 175-watt metal halide (coated lamp - 3,000 degrees Kelvin). Standards for other HID light sources may be established by the village for new technology consistent with the above restrictions.
(6) Spacing. Based on 20-foot high fixture height, parking lot lighting shall be no less then 80 feet and no more then 100 feet apart to achieve required illumination levels. Decorative fixtures (which are also fully shielded) are allowed to maintain 50 feet fixture spacing. Wall mounted fixture spacing for security lighting shall be no less than 50 feet measured horizontally. Decorative fixtures directed back toward a building face shall be exempt from this spacing requirement when shielded and shall not exceed 50 watts. Decorative fixtures that are not shielded shall maintain a minimum spacing of 25 feet and shall not exceed 50 watts.
(7) Color. Colors shall be determined by the Planning Commission and/or Zoning Commission, as required, selected from the manufacturer’s range of standard colors.
(8) Pole-mounted fixture. Pole-mounted fixtures shall be limited to two light sources per pole.
(9) Mixed-use areas. Mixed use areas that include residential occupancies shall comply with the residential standards on those floors or areas that are more than 50% residential based on square footage of uses.
(10) Up-lighting.
(a) Up-lighting is only permitted if the light distribution from the fixture is effectively contained by an overhanging architectural or landscaping element. Such elements may include awnings, dense shrubs, or year-round tree canopies, which can functionally contain or limit illumination of the sky.
(b) In these cases the fixture spacing is limited to one fixture per 150 square feet of area (as measured in a horizontal plane) and a total lamp wattage within a fixture of 35 watts. Up-lighting of flags is permitted with a limit of two fixtures per flagpole with a maximum of 150 watts each. The fixtures must be shielded such that the point source is not visible outside of a 15-foot radius.
(11) Time period. Required lighting shall be turned on daily from one-half hour after sunset to one-half hour before sunrise.
(12) Design. The design of building mounted light fixtures shall compliment the character of the surrounding uses. In areas within the Downtown Development Authority (DDA) District, the applicant shall consult with the DDA on the appropriateness of the fixture, and the DDA shall provide a recommendation to the Planning Commission and/or Zoning Commission, as required. The DDA shall also provide a recommendation on the color of the lighting fixtures. In areas within the Historic District, the applicant shall consult with the Historic District Commission (HDC) on the appropriateness of the fixture, and the HDC shall provide a recommendation to the Planning Commission and/or Zoning Commission, as required.
(F) Residential lighting standards. The following lighting standards shall be applicable to residential properties.
(1) Height.
(a) No light fixture shall be greater than 12 feet in height.
(b) Exceptions are building mounted flood lights fully shielded, downward directed lights using a light of 50 watts or less.
(2) Intensity. Light intensity shall not exceed ten-footcandles measured three feet above finished grade. Outdoor lighting with HID light sources in excess of 35 watts (bulb or lamp) shall be prohibited. In addition, incandescent light sources, including halogen shall not exceed 50 watts. Landscape lighting is limited to 35 watts per fixture per 150 square feet of landscaped area (as measured in a horizontal plane).
(3) Shielding. Lights must be fully shielded, down directed and screened from adjacent properties in a manner that limits light trespass to one-tenths of a footcandle as measured at the property line. All light sources that are not fully shielded shall use other than a clear lens material, as the primary lens material, to enclose the light bulb to minimize glare from a point source.
(4) Street lighting.
(a) New residential subdivision construction shall be required to include street lighting.
(b) All new lighting illuminating public right-of-ways and easements or private streets shall conform with the following standards of this section.
1. Location. A minimum of one streetlight shall be placed at all intersections and curves in streets that exceed 25 degrees. One lighting structure shall be provided on each side of an entrance or exit drive or street at its intersection with the public road, except where a boulevard or divided entrance/exit drive is proposed, one lighting structure may be located in the boulevard or island area for the purpose of illuminating the intersection.
2. Fixtures. Streetlights shall be full cut-off traditional tear-drop type fixtures and shall be mounted on aluminum pole. Milled steel or cement poles may be considered as an option by the Planning Commission and/or Zoning Commission, as required. Street light fixtures shall not be attached to utility poles.
3. Design. In areas within the Historic District, the applicant shall consult with the Historic District Commission (HDC) on the appropriateness of the fixture, and the HDC shall provide a recommendation to the Planning Commission and/or Zoning Commission, as required.
(5) Security lights. Security lights shall be restricted as follows.
(a) The point light source shall not be visible from adjoining lots or streets.
(b) Floodlights must be controlled by a switch or preferably a motion sensor activated only by motion within owners property.
(c) Timer-controlled flood lights shall be prohibited.
(d) Photo-cell lights shall be allowed under the following circumstances:
1. At primary points of entrance (e.g., front entries) or in critical common areas for commercial and multi-family properties;
2. Where the light sources are fully-shielded by opaque material (i.e., the fixture illuminates the area but is not itself visibly bright); and
3. The light source or fluorescent (or compact fluorescent) to eliminate excess electricity consumption.
(6) Motion sensor lights. Motion sensor lights may be permitted, but only where the sensor is triggered by motion within the owner’s property lines. Light trespass at property lines should not exceed one-tenth of a footcandle as measured at the brightest point.
(G) Exemptions. The following types of lighting installations shall be exempt from the provisions, requirements, and review standards of this section, including those requirements pertaining to Zoning Compliance Officer review.
(1) Holiday lighting. Holiday lighting which is temporary in nature shall be exempt from the provisions of this section; provided, that such lighting does not create dangerous glare on adjacent streets or properties, is maintained in an attractive condition, and does not constitute a fire hazard.
(2) Municipal lighting. Municipal lighting installed for the benefit of public health, safety, and welfare, including, but not limited to, traffic-control devices, existing streetlights, and construction lighting.
(3) Temporary lighting.
(a) Any person may submit a written request to the Village Planner for a temporary exemption request. If approved, the exemption shall be valid for not more than 14 days from the date of issuance of a written and signed statement of approval. An additional 14-day temporary exemption may be approved by the Planner. The Planner shall have the authority to refer an application for a temporary exemption to the Planning Commission and/or Zoning Commission, as required, or the Historic District Commission if deemed appropriate.
(b) A temporary exemption request shall contain at least the following information:
1. Specific exemption or exemptions requested;
2. Type, use, and purpose of outdoor lighting fixture(s) involved;
3. Duration of time requested for exemption;
4. Type of lamp and calculated lumens;
5. Total wattage of lamp(s);
6. Proposed location on premises of the outdoor light fixture(s);
7. Previous temporary exemptions, if any;
8. Physical size of outdoor light fixture(s) and type of shielding provided; and
9. Such other information as may be required by the Village Planner.
(4) Approved historic lighting fixtures. Nonconforming lighting fixtures which are consistent with the character of the historic structure or district may be exempted with approval from the Historic District Commission. Approved fixtures shall be consistent with the architectural period and design style of the structure or district and shall not exceed 50 watts.
(5) Decorative lighting. Decorative lighting elements such as shades with perforated patterns and opaque diffusers may be exempted from the fully-shielded requirement provided they do not exceed 50 watts.
(6) Lighting plans or fixture proposals.
(a) If a proposed lighting plan or fixtures are proposed that do not meet this chapter but that have demonstrable community benefit, an exemption may be considered by the Planning Commission and/or Zoning Commission, as required.
(b) The applicant shall submit additional information to adequately assess the community benefit for review by the Village Planner.
(H) Prohibitions. The following types of exterior lighting sources, fixtures, and installations shall be prohibited in the village.
(1) Light sources shall not be affixed to the top of a roof or under a roof eave, except where required by the Building Code.
(2) Lighting for the purpose of illuminating a building facade shall be prohibited when such lighting is mounted to the ground or poles, or is mounted on adjoining/adjacent structures.
(3) Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity, and changing color lights and internally illuminated signs shall be prohibited, except for temporary holiday displays, lighting for public safety or traffic control, or lighting required by the FAA for air traffic control and warning purposes.
(4) Unshielded floodlights and timer-controlled floodlights shall be prohibited.
(5) (a) No outdoor lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares.
(b) The following is prohibited:
1. Any fixed light not designed for roadway illumination that produces direct light or glare that could be disturbing to the operator of a motor vehicle; and
2. Any light that may be confused with or construed as a traffic-control device, except as authorized by state, federal, or city government.
(6) No beacon or searchlight shall be installed, illuminated, or maintained.
(7) Up-lighting is prohibited, except as otherwise provided for in this section.
(I) Nonconforming lighting. Unless otherwise specified within this chapter, existing nonconforming outdoor lighting shall be replaced with conforming fixtures or existing fixtures must be retrofitted to comply with this chapter whenever an application is submitted for a building permit for an addition or alteration to a structure or to part of a structure of which said lighting is an integral part, or any instance in which a special use or site plan review by the Planning Commission and/or Zoning Commission, as required, is necessary.
(J) Review standards.
(1) Height.
(a) Outdoor residential and commercial lighting shall not exceed the footcandles designated in their respective sections.
(b) Special review by the Planning Commission and/or Zoning Commission, as required, may allow lighting of greater height under the following circumstances: a fixture at a greater height is required due to safety, building design, or extenuating circumstances in which case the light shall be fully shielded with a non-adjustable mounting.
(2) Intensity.
(a) Outdoor nonresidential and residential lighting shall not exceed the footcandles designated in their respective sections.
(b) Special review by the Planning Commission and/or Zoning Commission, as required, may allow lighting of a greater intensity under the following circumstances:
1. A fixture of a greater light intensity is required due to safety, building design, or extenuating circumstances in which case the light shall be fully shielded with a non-adjustable mounting; or
2. An architectural or historical feature requires greater illumination, in which case the light shall be fully shielded with a non-adjustable mounting.
(3) Fixtures.
(a) Lighting fixtures must comply with the provisions of the residential or nonresidential section as appropriate.
(b) The Planning Commission and/or Zoning Commission, as required, will consider the recommendations of the HDC and/or DDA as appropriate.
(K) Procedures.
(1) Administrative review procedures. Lighting plans submitted in conjunction with applications for subdivision, planned unit development, development within any environmentally sensitive area, site plan review, or special review application shall be reviewed by the Planning Commission and/or Zoning Commission, as required.
(Ord. 259, passed 10-24-1995; Ord. 371, passed 1-20-2005; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.044 ENTRANCES FEATURES.
In all districts, so called entrance-way structures, including, but not limited to, walls, columns, and gates marking entrances to single-family subdivisions or multiple housing projects, office complexes, shopping centers, and industrial parks may be permitted and may be located in a required yard, but not within a public street right-of-way, provided, such entrance-way structures do not conflict with required sight distance. (See § 157.049.)
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.045 BUILDING GRADES.
(A) Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of water to run away from the walls of the structures thereon. The balance of yard spaces shall be graded and adequate drainage provided where necessary to deflect proper drainage of surface waters from the said premises.
(B) When a new building is constructed on a vacant lot between two existing buildings or adjacent to an existing building, the existing established grade shall be used in determining the grade around the new building and the yard around the new building shall be graded in such a manner as to meet existing grades. The final grade shall be approved by the Zoning Official.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.046 EXCAVATION OF HOLES.
(A) The construction, maintenance, or existence within the village of any unprotected, un-barricaded, open, or dangerous excavations, holes, pits or wells, or any excavations, holes or pits which constitute or are reasonably likely to constitute a danger or menace to public health, safety, or welfare, is hereby prohibited; provided; however, this section shall not prevent any excavation under a permit issued pursuant to this chapter or the Village Building Code.
(B) Where such excavations are properly protected and warning signs posted in such a manner as may be required by the Zoning Official.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.047 BUILDINGS TO BE MOVED.
(A) Any building or structure which has been wholly or partially erected on any premises within or outside the village shall not be moved to and/or placed upon any premises in the village, unless a building permit for such a building or structure shall have been secured.
(B) Any such building or structure shall fully conform to all the provisions of this chapter in the same manner as a new building or structure.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.048 REQUIREMENTS FOR ENVIRONMENTAL IMPACT ASSESSMENT.
(A) (1) For certain land uses that are considered to have a significant potential impact on traffic, infrastructure, demands for public services, and/or significant impacts on surrounding properties due to scale, the applicant shall be required to provide an impact assessment during the initial submittal for either a rezoning or site plan approval.
(2) The cost of the impact assessment and review by the village shall be borne by the applicant.
(3) The applicant may request a meeting with village staff, consultants, and key agency, staff prior to developing the impact assessment.
(B) The minimum contents of this impact assessment shall be:
(1) Generally. Name(s) and address(es) of person(s) or firm(s) responsible for preparation of the impact assessment and a brief statement of their qualifications;
(2) Area plan. An area plan or aerial photograph illustrating the entire site and nearby properties;
(3) Overall site conditions. Narrative and illustration describing adjacent uses, zoning, public roadways, utilities, significant woodlands, trees over eight inches caliper, soils types, 100-year floodplains, drainageways, and general topography. The area described shall be within one-quarter mile for sites up to 100 acres, and one-mile radius for larger sites. Aerial photographs are recommended to assist in describing the general vicinity;
(4) Wetlands. Documentation by a qualified wetland specialist shall be required wherever the village determines there is a potential state or federally regulated wetland which may be impacted by the proposed project;
(5) Conceptual site plans. Conceptual site plan illustrating a very general layout of proposed uses upon which preliminary impact analysis is based, and any proposed phasing;
(6) Land use impacts.
(a) Description of the types of proposed uses and other man made facilities, including any project phasing, and an indication of how the proposed use(s) conforms or conflicts with existing and future development patterns.
(b) A description shall be provided of any increases in light, noise, or air pollution which could negatively impact adjacent properties, particularly associated with smoke or truck routing;
(7) Environmental impacts.
(a) Description of any general impacts expected to wildlife areas, lakes, streams, ponds, and regulated wetlands. Conceptual mitigation or replacement measures under consideration shall be described.
(b) The study shall also describe general measures to control soil erosion and sedimentation during and after construction.
(8) Impact on public facilities and services.
(a) Describe the number of expected employees, visitors or residents and the anticipated impact on police and fire protection.
(b) In particular, describe the relationship of the use to municipal fire stations and the need for any new facilities or equipment. Letters from the appropriate agencies should be provided;
(9) Utility impacts.
(a) Describe proposed water and sanitary sewer facilities, including any improvements or off-site extensions needed to serve the long range development on the site.
(b) For sites served with sanitary sewer and public water, general calculations for sewage flows, and water demands shall be provided in comparison with sewer line capacity;
(10) Drainage.
(a) Describe conceptual plans to control drainage and any significant changes from existing drainage patterns.
(b) If wetlands are to be used as stormwater basins, methods to control fertilizers and filter runoff shall be identified. Correspondence from the County Drain Commissioner shall be attached indicating their concerns and suggestions;
(11) Storage and handling of waste and hazardous materials.
(a) Methods of on- and off-site disposal of solid waste shall be identified. The information shall describe the type of hazardous substances expected to be used, stored or disposed of on the site; general location within the site; and method of containment.
9b) Documentation of compliance with federal and state requirements, and a pollution incident prevention plan (PIPP) shall be submitted, as appropriate; and
(12) Traffic impacts.
(a) A traffic impact analysis, including information regarding the existing volume of traffic and capacity of roads to be accessed by the project and the forecasted trip generation by the proposed project, including the a.m. and p.m. peak hour and average daily traffic generated.
(b) The forecasts shall be based on the data and procedures outlined in the most recent edition of the Institute of Traffic Engineers Trip Generation Manual.
(c) The analysis shall include a distribution (inbound versus outbound, left turn versus right turn) onto the existing street network to project turning movements at major site access points and nearby intersections.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.049 CLEAR VISION ZONE.
(A) There shall be a clear vision zone at all corners of intersecting streets and/or private roads, consisting of a triangular area defined by the point of intersection of the right-of-way lines and the two points extended along such lines a distance of 25 feet from the point of intersection, and within which area no obstruction to vision, excluding existing topography, shall be permitted from a height of two feet to eight feet above centerline elevation of abutting streets, except not more than two trees with trunks of not more than 30 inches in diameter each, and clear of any branches for such heights may be located within such area.
(B) A greater clear vision area may be reviewed where necessary in view of anticipated traffic volumes, traffic speeds, geographic or topographic conditions, or based on a traffic engineering analysis using the standards of the American Association of State and Highway Transportation Officials (AASHTO). See illustration.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.050 ACCESS THROUGH YARDS.
(A) For the purpose of this chapter, access drives may be placed in the required front or side yards so as to provide access to rear yards or accessory or attached structures.
(B) These drives shall not be considered as structural violations in front and side yards.
(C) Further, any walk, terrace, or other pavement servicing a like function, and not in excess of nine inches above the grade upon which placed, shall for the purpose of this chapter not be considered to be a structure, and shall be permitted in any required yard.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.051 TEMPORARY USES AND SEASONAL OR SPECIAL USES.
(A) Temporary uses, temporary sales, and seasonal or special events may be allowed in any zoning district upon issuance of a license under applicable village ordinances.
(B) Such events are permitted on the basis that they contribute to the economy and welfare of the village but with recognition that some regulation of such events is needed to protect the public health and safety.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.052 MAINTENANCE OF COMMONLY-OWNED PRIVATE FACILITIES.
(A) (1) The Planning Commission and/or Zoning Commission, as required, or Village Council, as appropriate, may require documents suitable to the Village Attorney to ensure the quality, construction, maintenance, and replacement of commonly- owned private facilities and land whether improved or unimproved.
(2) These facilities may include, but are not limited to, detention ponds, retention basins, lighting, open space, wetlands, signs, landscaping, fences, screen walls, drains, trails, and sidewalks to which more than two owners of lots or condominiums have rights of use or access or enjoyment; or which are owned in common by an association of owners.
(B) Prior to approving such commonly-owned private facilities, the Planning Commission and/or Zoning Commission, as required, or Village Council shall approve legal documents which assure the continuing maintenance, and periodic replacement of any commonly-owned private facilities.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.053 PERFORMANCE STANDARDS FOR SOUND, VIBRATION, ODOR GASES, AND THE LIKE.
(A) (1) It shall be unlawful to carry on or permit to be carried on any activity or operation or use of any land, building, or equipment that produces irritants to the sensory perceptions greater than the measures herein established which are hereby determined to be the minimum permissible hazards to humans or humans’ activities.
(2) Such measures may be supplemented by other means which are duly determined to be maximum permissible hazards to humans or human activity.
(B) The adoption of these standards is not intended to convey legal nonconforming status to any existing use or activity that may be in violation of these standards.
(1) Sound.
(a) The intensity level of sounds shall not exceed the following decibel levels when adjacent to the following types of uses.
In Decibels | Adjacent Uses | Where Measured |
55 | Residential dwellings | Common lot line |
60 | Commercial | Common lot line |
75 | Industrial and other | On lot line |
(b) The sound levels shall be measured with type of audio output meter approved by the Bureau of Standards. Objectionable noises due to intermittence, beat frequency, or shrillness, shall be muffled so as not to become a nuisance to adjacent uses.
(2) Vibration. All machinery shall be mounted and operated as to prevent transmission of ground vibration exceeding the displacement of three thousandths of one inch measured at any lot line of its source, or ground vibration which can be readily perceived by a person standing at any such lot line.
(3) Odor. The emission of noxious, odorous matter in such quantities as to be readily detectable at any point along lot lines, when diluted in the ratio of one volume of odorous air to four or more volumes of clean air or as to produce a public nuisance or hazard beyond lot lines, is prohibited.
(4) Gases. The escape of or emission of any gas which is injurious or destructive or explosive shall be unlawful and may be summarily caused to be abated, except as required in the delivery of essential service.
(5) Glare and heat. Any operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot line, except during the period of construction of the facilities to be used and occupied.
(6) Light. Exterior lighting shall be 30 installed that the surface of the source of light shall not be visible from any bedroom window, and shall be so arranged as far a practical to reflect light away from any residential use, and in no case shall more than one footcandle power of light cross a lot line five feet above the ground in a residential district.
(7) Smoke, dust, dirt, and fly ash. It shall be unlawful to discharge into the atmosphere from any single source of emission whatsoever any air contaminator for a period or periods aggregating more than four minutes in any one half hour which is:
(a) As dark or darker in shade as that designated as No. 2 on the Ringelmarm Chart. The Ringelmann Chart, as published by the U.S. Bureau of Mines, is hereby made a part of this chapter, shall be the standard; however, the unbrascope readings of smoke densities may be used when correlated with the Ringelmann Chart. A Ringelmann Chart shall be on file in the office of the Zoning Official; or
(b) Of such opacity as to obscure an observer’s view to a degree equal to or greater than the smoke described in division (B)(7)(a) above, except when the emission consists only of water vapor. The quantity of gas-borne or airborne solids shall not exceed two-tenths grains per cubic foot of the carrying medium at a temperature of 500°F.
(8) Drifted air blown material. The drifting or airborne transmission beyond the lot line of dust, particles or debris from any open stockpile shall be unlawful and may be summarily caused to be abated.
(9) Radioactive materials. Radioactive materials shall not be emitted to exceed quantities, established as safe by the U.S. Bureau of Standards.
(10) Water and sewage. Every building used or intended to be used for human habitation or human occupancy, including, but not limited to, dwellings, industrial, commercial, office, and institutional uses, shall be furnished with water supply and sewage disposal as provided for in the Village’s Building Code. Accessory buildings, such as garages or storage buildings, intended and used for incidental or no human occupancy are excluded from this requirement, except that if water supply and/or sewage disposal is furnished to such building, it shall comply with the standards of the Building Code.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.054 LAND DIVISIONS NOT REQUIRING PLATTING (LOT SPLITS).
The following standards shall apply to proposed divisions of land not requiring platting under the State Land Division Act Public Act 288 of 1967, being M.C.L.A. §§ 560.101 et seq., and Ch. 153.
(A) No lot, outlot, or other parcel shall be divided or changed without the written approval of the Planning Commission and/or Zoning Commission, as required, in accordance with the procedures of this section.
(B) Applicants for a lot, outlot, or other parcel division shall submit a written application to the Zoning Official. The application shall be accompanied by a survey prepared and certified by a licensed and registered land surveyor. The survey shall depict the original parcel, the proposed division, existing buildings, utilities, easements, drainage, all pertinent dimensions, legal descriptions of the new parcels to be created by the division, and such other pertinent data as the Zoning Official determines is necessary.
(C) The proposed division shall not create parcels which would fail to meet the minimum standards of the zoning district in which they are located, nor shall such division leave any existing principal or accessory buildings in violation of yard setback requirements; provided, however, that if existing nonconforming conditions are to be lessened by the proposed division, this requirement may be waived by the Planning Commission and/or Zoning Commission, as required.
(D) The proposed division shall not create parcels which are irregular in shape, unless the irregularity is due to a pre-existing natural feature such as a wetland, waterway, or woodland area.
(E) The Zoning Official shall determine if reviews of the application by the Village Planner, Village Engineer, or other Village Officials are needed to determine compliance with this section. Upon completion of the necessary reviews, and provided, that all taxes and special assessments on the original parcel have been paid, the Zoning Official shall recommend approval or denial of the application to the Planning Commission and/or Zoning Commission, as required. The Planning Commission and/or Zoning Commission, as required, shall act on the application at its next regularly scheduled meeting after receipt of the recommendation.
(F) If a property line is proposed to be altered (one parcel losing area and the other receiving it) in a manner that will meet the requirements of divisions (B) through (E) above, the Zoning Official shall be authorized to approved or deny the application. No new parcels shall be created under the provisions of this division (F). Not more than 10,000 square feet of property shall be reassigned from one parcel to another under the provisions of this section. The Zoning Official shall report all lot splits approved under this division (F) at the next regularly scheduled Planning Commission and/or Zoning Commission, as required, meeting.
(Ord. 259, passed 10-24-1995; Ord. 327, 9-23-1999; Ord. 351, passed 7-14-2002; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.055 PRIVATE ROAD AND DRIVEWAY STANDARDS.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PRIVATE ROAD. A road owned and maintained by the owners of the property it serves and that provides access to four or more dwelling units or parcels, or four or more nonresidential principal buildings. PRIVATE ROADS include roads within site condominium projects, roads serving two-family dwelling units and roads within office or industrial complexes. A PRIVATE ROAD may be used to provide public services such as utility easements, waste collection, and emergency services.
SHARED DRIVEWAY. A SHARED PRIVATE DRIVEWAY serving three or fewer residential units shall be provided within an access easement recorded in the deeds of all parcels that have access to the driveway. The minimum finish surface width of the shared private driveway shall be 18 feet. A cul-de-sac turnaround may not be required if the length of the shared private driveway is 300 feet or less. For longer shared private driveways, a circular or hammerhead “T” turnaround shall be required depending on the length of the private driveway and the recommendation of the Fire Department. A proposed shared private driveway exceeding 1,000 feet in length or serving more than three residential units shall not be considered a shared private driveway and must be reviewed as a private road meeting village’s Standard Specifications for Street Construction.
(B) Exclusion for multiple family drives. The definitions of “private road” or “shared private driveway” do not include drives serving multiple family buildings with three or more attached dwelling units, parking lot aisles, or drives connecting parking lots to internal roads.
(C) Access to public or private road. Any single-family residential lot or site created after the effective date of this chapter shall have frontage on and access to a public road right-of-way an approved private road or shared private driveway meeting the definitions and standards of this section.
(1) Parcel number and name of owner for all properties having legal interest in the private road;
(2) Plans designed by a registered engineer showing location, dimension, and design of the private road. The plan shall identify existing and proposed elevation contours within all areas to be disturbed or altered by construction of the private road;
(3) Location of all public or private utilities located within the private road right-of-way or easement, or within 20 feet, including, but not limited to, water, sewer, telephone, gas, electricity, and television cable;
(4) Location of any lakes, streams, drainage-ways, MDNR regulated wetlands, or trees with a caliper of eight inches or greater, within 100 feet of the proposed private road right-of-way or easement; and
(5) Evidence that property owners served by the road will provide financial and administrative mechanisms to ensure maintenance of the private road. A copy of a private road maintenance agreement shall be provided to the village in a manner acceptable to the Village Attorney.
(E) Design standards. Private roads shall be constructed to the following design standards.
(1) Road design.
(a) A private road shall meet the right-of-way width, street base, pavement width, surface, slope, drainage system, and all other standards of the Village’s Standard Specifications for Street Construction.
(b) The design of private roads shall be approved by the Village Engineer.
(2) Reduced width to preserve natural features. The minimum pavement width may be reduced to not less than 22 feet wide where the Planning Commission and/or Zoning Commission, as required, determines that the reduced width will preserve significant natural features and there is no alternative design that will preserve the natural features and meet the regular width standard.
(3) Maximum length, cul-de-sac turnarounds.
(a) Maximum length of a private road providing access to more than two lots, buildings, or dwellings units shall be 1,000 feet with a maximum 24 lots or dwelling units served by a single means of access.
(b) Any single means of access serving more than five lots or dwelling units shall include a turn-around with a 45-foot radius, 55-foot radius if a center landscaped island is included, a hammerhead “T” turn or a continuous loop layout.
(c) A larger turnaround may be required for commercial and industrial private roads. These standards may be modified by the Planning Commission and/or Zoning Commission, as required, in particular cases, with input from the fire department and township staff or consultants.
(4) Grade. Grades shall not exceed 10% with a maximum grade of 2% for a minimum distance of 30 feet from its intersection with a public right-of-way or another private road.
(5) Intersection design standards.
(a) Private roads which intersect with existing or proposed private roads or public street rights-of-way should intersect at a 90-degree angle.
(b) Where constrained by environmental features, the Village Engineer may allow a reduced angle of intersection, but in no case shall the angle be less than 70 degrees.
(6) Intersection offsets from public streets.
(a) Proposed private roads or entrances to a development shall align directly across from, or be offset at least 250 feet from, public streets or private road intersections on the opposite side of the street, measured centerline to centerline.
(b) This standard may be reduced if approved by the County Road Commission.
(7) Minimum offsets along private roads. Private roads and driveways (excluding driveways serving one or two dwelling units) within a development shall align directly across from other private roads or driveways or be offset at least 150 feet measured centerline to centerline.
(8) Vertical clearance. In order to provide adequate access for emergency vehicles, 15 feet of overhead tree clearance shall be provided within the width of the pavement.
(9) Street names. Street names may be required by the Planning Commission and/or Zoning Commission, as required, to assist public emergency services.
(10) Signs.
(a) All signs within the private road or access easement shall be identified on the site plan and be in accordance with the State Manual of Uniform Traffic-Control Devices, unless the Planning Commission and/or Zoning Commission, as required, approves another type of design for consistency with the character of the development. Street signs shall be provided at all intersections.
(b) These signs shall contrast in terms of color with public street signs, and shall clearly indicate the road is private.
(F) Existing nonconforming private roads and access easements.
(1) (a) The village recognizes there exist private roads, service roads, and access easements which were lawful prior to the adoption of this section and which are inconsistent with the standards herein. Such roads are declared by this section to be legal nonconforming roads or easements. The intent of this section is to permit legal nonconforming roads and easements to continue and undergo routine maintenance for safety purposes, as determined by the Zoning Official.
(b) This section is also intended to allow new construction to occur on existing lots which front along such a road on the adoption date of this section if the roads are reasonably capable of providing sufficient access for the uses permitted in the zoning district and for provision of emergency service vehicles.
(2) This section is also intended to discourage the extension of nonconforming roads or increase the number of lots or building sites served by such a road, except in platted subdivisions, divisions of land, or site condominium projects existing on the adoption date of this section, unless provisions are made to upgrade such road to comply with the standards herein. Any reconstruction, widening, or extension of a nonconforming private road or access easement shall be in conformity with this section.
(G) Existing lot. For purposes of determining whether a lot along a private road or access easement qualifies as an existing lot as used in this section, at least one of the following conditions must have existed at the time this section was adopted:
(1) The lot consists of a “condominium unit” for which a master deed had been recorded with the County Register of Deeds in accordance with the requirements of the State Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 et seq., and other applicable laws and ordinances;
(2) The lot consists of a parcel that was described by metes and bounds as recorded by a deed or as a land contract, and registered with the County Register of Deeds; and
(3) The lot had been assigned a unique parcel number by the County Register of Deeds and was individually assessed and taxed on that basis.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.056 STATE-LICENSED RESIDENTIAL CHILD AND ADULT CARE FACILITIES.
State-licensed child and adult care facilities, as defined in § 157.008, are allowed within a residential structure only as provided in Table 3.1.
Table 3.1 | ||
Type of facility | Districts | |
R1A and R1B | RM | |
Table 3.1 | ||
Type of facility | Districts | |
R1A and R1B | RM | |
Adult foster care family home (6 or fewer adults) | Permitted | Permitted |
Adult foster care large group home (13 to 20 adults) | Not allowed | Special use |
Adult foster care small group home (12 or fewer adults) | Permitted | Permitted |
Family day care home (6 or fewer children less than 24 hours per day) | Permitted | Permitted |
Foster family home (4 or fewer children 24 hours per day) | Permitted | Permitted |
Foster family group home (5 to 6 children 24 hours per day) | Permitted | Permitted |
Group day care home (7 to 12 children less than 24 hours per day) | Permitted | Permitted |
Notes: Permitted: permitted by right Special use: may be allowed upon review and approval of a special land use permit, in accordance with the general and specific standards of §§ 157.120 through 157.130, “Special Land Uses” Not allowed: not allowed in zoning district | ||
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)
§ 157.057 WIRELESS COMMUNICATIONS TOWERS AND ANTENNAS.
(A) Purpose.
(1) The purpose of this section is to establish general guidelines for the siting of wireless communications towers aud antennas.
(2) The goals of this section are to:
(a) Protect residential areas and land uses from potential adverse impacts of towers and antennas;
(b) Encourage the location of towers on public land, existing water towers, school, and park property areas;
(c) Minimize the total number of towers throughout the community;
(d) Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
(e) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(f) Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;
(g) Encourage the location of essential public wireless services to be co-located on all new towers in the community;
(h) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
(i) Consider the public health and safety of communication towers; and
(j) Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
(3) In furtherance of these goals, the village shall give due consideration to the Village’s Master Plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERNATIVE TOWER STRUCTURE. Human-made trees, clock towers, bell steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA. Any exterior transmitting or receiving device mounted on a tower, building, or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, or other communication signals.
BACKHAUL NETWORK. The lines that connect a provider’s towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
FAA. The Federal Aviation Administration.
FCC. The Federal Communications Commission.
HEIGHT. When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
PRE-EXISTING TOWERS AND PRE-EXISTING ANTENNAS. Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
(C) Applicability.
(1) New towers and antennas. All new towers or antennas in the village shall be subject to these regulations, except as provided in divisions (C)(2) through (C)(4) below.
(2) Amateur radio station operators/receive only antennas. This subchapter shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.
(3) Pre-existing towers or antennas. Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this section, other than the requirements of divisions (D)(6) through (D)(7) below.
(4) AM array. For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
(D) General requirements.
(1) Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
(2) Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(3) Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning Official an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the village or within two miles of the border thereof, including specific information about the location, height, and design of each tower. The Zoning Official may share such information with other applicants applying for administrative approvals or special use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the village; provided; however that the Zoning Official is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(4) Aesthetics. Towers and antennas shall meet the following requirements:
(a) Towers shall be subject to any applicable standards of the FAA, be constructed of a material with, or be painted a neutral color so as to reduce visual obtrusiveness;
(b) At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings; and
(c) When an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(5) Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(6) State or federal requirements.
(a) All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas.
(b) If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
(7) Building Codes; safety standards.
(a) To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time.
(b) If, upon inspection, the village concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards.
(c) Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
(8) Measurement. For purposes of measurement, tower setbacks, and separation distances shall be calculated and applied to facilities located in village irrespective of municipal and county jurisdictional boundaries.
(9) Nonessential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.
(10) Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in village have been obtained and shall file a copy of all required franchises with the Zoning Administrator.
(12) Public notice. For purposes of this section, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in division (G)(2)(e) below, in addition to any notice otherwise required by this chapter.
(13) Signs. No signs shall be allowed on an antenna, tower, or associated buildings or equipment storage areas.
(14) Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of division (H) below.
(15) Multiple antenna/tower plan. The village encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
(16) Public wireless antennas and equipment. All new towers and associated facilities shall provide space for collocation of public wireless services and instruments used by police and fire departments, weather departments, emergency preparedness organizations, and similar uses as determined by the Zoning Administrator.
(17) Removal plan.
(a) All applications for the installation of any wireless antenna or tower shall include a plan for the removal of the antenna or tower to be executed when the antenna or tower is no longer needed. The removal plan shall include security for the removal in the form of cash or a surety bond covering the amount of the removal of the antenna or tower.
(b) The funds or bond would be released upon the village determining that the antenna or tower had been completely removed. Any costs incurred by the village in this process would be deducted from the funds or bond.
(E) Permitted uses.
(1) Generally. The uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a special use permit.
(2) Permitted uses. The following uses are specifically permitted:
(a) Antennas or towers located on property owned, leased, or otherwise controlled by the village provided a license or lease authorizing such antenna or tower has been approved by the village;
(b) Antennas or towers located on property owned by the Village of Holly;
(c) Antennas or towers located on property owned by the village area school district; and
(d) The Zoning Official shall review the application for administrative approval and determine if the proposed use complies with division (D) above and divisions (G)(2)(d), and (G)(2)(e) below.
(F) Administratively approved uses.
(1) Generally. The following provisions shall govern the issuance of administrative approvals for towers and antennas.
(a) The Zoning Official may administratively approve the uses listed in this section.
(b) Each applicant for administrative approval shall apply to the Zoning Official providing the information set forth in divisions (G)(2)(a) and (G)(2)(c) below, and a non-refundable fee as established by resolution of the Village Council for the costs of reviewing the application.
(c) The Zoning Official shall review the application for administrative approval and determine if the proposed use complies with division (D) above and divisions (G)(2)(c) and (G)(2)(d).
(d) The Zoning Official shall respond to each such application within 60 days after receiving it by either approving or denying the application. If the Zoning Official fails to respond to the applicant within said 60 days, then the application shall be deemed to be approved.
(e) In connection with any such administrative approval, the Zoning Official may, in order to encourage shared use, administratively waive any zoning district setback requirements in division (G)(2)(d) below or separation distances between towers in division (G)(2)(e) below by up to 50%.
(f) In connection with any such administrative approval, the Zoning Official may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.
(g) If an administrative request for approval is denied, the applicant shall file an application for a special use permit pursuant to division (G) below prior to filing any appeal that may be available under this chapter.
(2) List of administratively-approved uses. The following uses may be approved by the Zoning Official after conducting an administrative review:
(a) Locating antennas on existing structures or towers consistent with the terms of this division (F)(2)(a).
1. Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Zoning Administrator as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight or more dwelling units, provided:
a. The antenna does not extend more than 30 feet above the highest point of the structure;
b. The antenna complies with all applicable FCC and FAA regulations; and
c. The antenna complies with all applicable building codes.
2. Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the Zoning Official and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided, such collocation is accomplished in a manner consistent with the following.
a. Modification or reconstruction. A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless the Zoning Administrator allows reconstruction as a monopole.
b. Height.
i. An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower’s existing height, to accommodate the collocation of an additional antenna;
ii. The height change referred to in division (F)(2)(a)2.a.i. above may only occur one time per communication tower.
iii. The additional height referred to in division (F)(2)(a)2.a.i. above shall not require an additional distance separation as set forth in division (G) below. The tower’s pre-modification height shall be used to calculate such distance separations.
c. On-site location.
i. A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on-site within 50 feet of its existing location.
ii. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.
iii. A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to division (G)(2)(e) below. The relocation of a tower hereunder shall in no way be deemed to cause a violation of division (G)(2)(e) below.
iv. The on-site re-location of a tower which comes within the separation distances to residential units or residentially zoned lauds as established in division (G)(2)(e) below shall only be permitted when approved by the Zoning Official.
(b) 1. New towers in nonresidential zoning districts.
2. Locating any new tower in a nonresidential zoning district other than industrial, provided, a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the Zoning Official concludes the tower is in conformity with the goals set forth in section a and the requirements of division (D) above; the tower meets the setback requirements in division (G)(2)(d) below and separation distances in division (G)(2)(e) below; and the tower meets the following height and usage criteria:
a. For a single user, up to 90 feet in height;
b. For two users, up to 120 feet in height; and
c. For three or more users, up to 150 feet in height.
(c) Locating any alternative tower structure in a zoning district other than industrial that in the judgment of the Zoning Official is in conformity with the goals set forth in division (A) above.
(d) Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.
(G) Special use permits.
(1) Generally. The following provisions shall govern the issuance of special use permits for towers or antennas by the Planning Commission and/or Zoning Commission, as required.
(a) If the tower or antenna is not a permitted use under division (E) above or permitted to be approved administratively pursuant to division (F) above, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.
(c) In granting a special use permit, the Planning Commission and/or Zoning Commission, as required, may impose conditions to the extent the Planning Commission and/or Zoning Commission, as required, concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(d) Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
(e) An applicant for a special use permit shall submit the information described in this section and a non-refundable fee as established by resolution of the Village Council to reimburse the village for the costs of reviewing the application.
(2) Towers.
1. A scaled site plan clearly indicating the location, type, and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in division (G)(2)(e) below, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, and any other structures, topographies, parking, and other information deemed by the Zoning Official be necessary to assess compliance with this section;
2. Legal description of the parent tract and leased parcel (if applicable);
3. The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties;
4. The separation distance from other towers described in the inventory of existing sites submitted pursuant to division (D)(3) above shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
5. A landscape plan showing specific landscape materials;
6. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination;
7. A description of compliance with divisions (D)(3) through (D)(7), (D)(10),(D)(11), (D)(13) above and divisions (G)(2)(d) and (G)(2)(e) below and all applicable federal, state, or local laws;
8. A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users;
9. Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality;
10. A description of the suitability of the use of existing towers, other structures, or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower; and
11. A description of the feasible location(s) of future towers or antennas within the village based upon existing physical, engineering, technological, or geographical limitations in the event the proposed tower is erected.
(b) Factors considered in granting special use permits for towers. In addition to any standards for consideration of special use permit applications pursuant to §§ 157.120 through 157.130, “Special Land Uses”, the Planning Commission and/or Zoning Commission, as required, shall consider the following factors in determining whether to issue a special use permit, although the Planning Commission and/or Zoning Commission, as required, may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Commission and/or Zoning Commission, as required, concludes that the goals of this section are better served thereby:
1. Height of the proposed tower;
2. Proximity of the tower to residential structures and residential district boundaries;
3. Nature of uses on adjacent and nearby properties;
4. Surrounding topography;
5. Surrounding tree coverage and foliage;
6. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
7. Proposed ingress and egress; and
8. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in division (G)(2)(c) below.
(c) Availability of suitable existing towers, other structures, or alternative technology.
1. No new tower shall be permitted, unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission and/or Zoning Commission, as required, that no existing tower, structure, or alternative technology that does not require the use of towers or structures can accommodate the applicant’s proposed antenna. An applicant shall submit information requested by the Planning Commission and/or Zoning Commission, as required, related to the availability of suitable existing towers, other structures, or alternative technology.
2. Evidence submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the applicant’s proposed antenna may consist of any of the following:
a. No existing towers or structures are located within the geographic area which meet applicant’s engineering requirements;
b. Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements;
c. Existing towers or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment;
d. The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna;
e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable;
f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable; and
g. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable.
h. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(d) Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required; provided, however, that the Planning Commission and/or Zoning Commission, as required, may reduce the standard setback requirements if the goals of this section would be better served thereby:
1. Towers must be set back a distance equal to at least 75% of the height of the tower from any adjoining lot line; and
2. Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
(e) Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the Planning Commission and/or Zoning Commission, as required, may reduce the standard separation requirements if the goals of this section would be better served thereby.
1. Separation from off-site uses/designated areas.
a. Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1 below, except as otherwise provided in Table 1 below.
b. Separation requirements for towers shall comply with the minimum standards established in Table 1 below.
Table 1
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Off-Site Use/Designated Area | Separation Distance |
Table 1
| |
Off-Site Use/Designated Area | Separation Distance |
Existing multi-family residential units greater than duplex units | 100 feet or 100% height of tower, whichever is greater |
Nonresidentially-zoned lands or nonresidential uses | None; only setbacks apply |
Single-family or duplex residential units1 | 200 feet or 300% height of tower, whichever is greater |
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired | 200 feet or 300% height of tower2, whichever is greater |
Vacant unplatted residentially zoned lands3 | 100 feet or 100% height of tower, whichever is greater |
Notes: 1 Includes modular homes and mobile homes used for living purposes 2 Reparation measured from base of tower to closest building setback line 3 Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex | |
2. Separation distances between towers.
a. Separation distances between towers shall be applicable for and measured between the proposed tower and pre-existing towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower.
b. The separation distances (listed in linear feet) shall be as follows:
i. All towers and antennas shall be separated by a minimum distance of 2,000 feet;
ii. Any new or existing municipal water towers shall not be subject to the minimum separation distance listed in division (G)(2)(e) above; and
iii. All towers above 150 feet high shall be separated from all other towers above 150 feet high by one mile (5,280 feet).
(f) Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the Planning Commission and/or Zoning Commission, as required, may waive such requirements, as it deems appropriate.
(g) Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Planning Commission and/or Zoning Commission, as required, may waive such requirements if the goals of this section would be better served thereby.
1. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound. All landscaping shall meet the planting requirements of §§ 157.165 through 157.176, “Landscaping Standards”.
2. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
3. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(H) Buildings or other equipment storage.
(1) Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following.
(a) The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than ten feet in height, in addition, all structures placed on buildings shall not exceed the height limitations found in § 157.009 for the zoning district in which the structure is located.
(b) If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.
(c) Equipment storage buildings or cabinets shall comply with all applicable building codes.
(2) Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following.
(a) In residential districts, the equipment cabinet or structure may be located in a side or rear yard provided the cabinet or structure is no greater than ten feet in height and no greater than 200 square feet of gross floor area and the cabinet/structure is located a minimum of ten feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
(b) In commercial or industrial districts the equipment cabinet or structure shall be no greater than ten feet in height or 200 square feet in gross floor area and the cabinet/structure is located a minimum of 25 feet from the front property line, and ten feet from all other lot lines. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
(3) Antennas located on towers. The related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than ten feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
(4) Modification of building size requirements. The requirements of divisions (H)(1) through (H)(3) above may be modified by the Zoning Official in the case of administratively-approved uses or by the Planning Commission and/or Zoning Commission, as required, in the case of uses permitted by special use to encourage collocation.
(I) Removal of abandoned antennas and towers.
(1) Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the village notifying the owner of such abandonment.
(2) Failure to remove an abandoned antenna or tower within said 90 day shall be grounds to remove the tower or antenna at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
(J) Nonconforming uses.
(1) No expansion of nonconforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.
(2) Pre-existing towers.
(a) Pre-existing towers shall be allowed to continue their usage as they presently exist.
(b) Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such pre-existing towers. New construction other than routine maintenance on a pre-existing tower shall comply with the requirements of this chapter.
(3) Rebuilding damaged or destroyed nonconforming towers or antennas.
(a) Notwithstanding division (I) above, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in divisions (G)(2)(d) through (G)(2)(e) above.
(b) The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval building permits to rebuild the facility shall comply with then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed.
(c) If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in division (I) above.
(Ord. 259, passed 10-24-1995; Ord. 340, passed 5-27-2001; Ord. passed 2-1-2012) Penalty, see § 157.999
§ 157.058 LITTLE FREE LIBRARIES
(A) A little free library is a "take a book, return a book" gathering place where neighbors share their favorite literature and stories. In its most basic form, a little free library is a box full of books where anyone may stop by and pick up a book (or two) and bring back another book to share.
(B) Little free libraries are permitted to be placed on single-family residential lots, church properties and public or parochial school properties. These are considered an accessory structure and accessory use to the property and shall conform to the following guidelines:
(1) The little free library shall not be located in or overhang the public street right-of-way or any public or utility easement and shall be at least five feet behind the curb;
(2) The associated structures shall not obstruct vehicular, bicycle or pedestrian traffic, either physically or by a person utilizing the little free library;
(3) The structures shall not obstruct access aisles or paths utilized by persons in wheelchairs or for ADA accessibility;
(4) The little free library must be placed in the front yard between the face of the house or building and the street right-of-way. At its discretion, the village may make exceptions for churches and schools which may be approved administratively by the Village Manager;
(5) The library structure shall be designed to hold books. The overall structure shall be limited to a height not to exceed 66 inches; a width not to exceed 30 inches; a depth not to exceed 18 inches; and the box height shall not exceed 30 inches from the ground on which it is placed;
(6) The structures shall be anchored to the ground or securely attached to something having a permanent location on the ground;
(7) The structure shall be maintained and kept in good repair at all times; and
(8) There shall be a limit of one little free library per address.
(C) A little free library meeting the above conditions will not be subject to any permits or special licensing requirements.
(Ord. 441, passed 8-23-2016)