Manchester City Zoning Code

SPECIAL PROVISIONS

§ 151.065 INTENT.

The intent of §§ 151.065 et seq. is to provide for those regulations which generally apply regardless of the particular zoning district and to those conditional uses which may be permitted in certain zoning districts.

(Ord. 239, passed 3-5-2001, § 5.1)

§ 151.066 CLUSTER HOUSING OPTION.

(A) Generally. The cluster housing option may be applied for as a conditional use in R-1A, R-1B, R-2, and R-3 Districts subject to the standards set forth in § 151.022 and this section.

(B) Intent. The intent of the cluster housing option is to permit the development of single-family residential patterns which, through design innovation, will:

(1) Allow greater flexibility;

(2) Encourage a more creative approach to the development of single-family residential areas;

(3) Encourage a more efficient, aesthetic, and desirable use of the land;

(4) Provide a more desirable living environment through the preservation and conservation of natural features such as topography, wetlands, woodlands, bodies of water, and other natural assets; and

(5) Encourage the provision of open space so that benefits may accrue directly to the residents of the development.

(C) Qualification of parcels. The parcel must be located in a district zoned for residential use and must meet 1 or more of the following characteristics listed below. Requests for qualification under these conditions must be supported by documented evidence supplied by the applicant in either narrative or graphic form.

(1) The parcel contains natural assets which would be preserved through the use of cluster development. The assets may include natural stands of large trees, land which serves as a natural habitat for wildlife, wetlands, bodies of water, unusual topographic features, or other natural assets which should be preserved. Requests for qualification under these conditions must be supported by documented evidence.

(2) The parcel contains major topographic conditions which would require mass grading resulting in loss of significant natural features.

(3) The parcel contains substantial portions of flood plain and wetlands. A flood plain and wetlands map indicating the extent of the wetlands and flood plain area shall be submitted to the Planning Commission in order to support the proposal for the parcel's qualification for cluster development.

(4) The parcel, due to its size or shape, cannot be reasonably developed as a conventional subdivision or site condominium development.

(D) Site design requirements. All cluster developments submitted under this option shall conform to the following site design requirements.

(1) Attached or detached. Development is permitted as either attached or detached dwelling units, provided the number of attached units shall not exceed 20% of the total number of units in an R-1A and R-1B District.

(2) Open space.

(a) When completed, the development shall have 20% of the gross acreage in the development devoted to open space, which shall remain in its natural state and/or be restricted to active and/or passive outdoor recreational purposes. Dedication of open space shall comply with the standards set forth in § 151.082. Designated open space shall include area within any greenbelts required by this division (D), subject to the restrictions contained herein.

(b) The computation of designated open space shall not include: rights-of-way or easements designated for road purposes; areas within the minimum setbacks of a dwelling unit; land which is under water (lakes, streams, water courses, and other similar bodies of water); any area to be improved into a lake or pond; and/or more than 25% of the area of regulated wetlands.

(3) Greenbelt adjacent and parallel to public streets.

(a) In addition to any required minimum setback specified in division (D)(6) below, a greenbelt, the minimum width as set forth below, shall be required along any adjacent public street. The greenbelt shall be measured from the street right-of-way. The village, at its discretion, may permit either reductions or variations in width of the greenbelt taking into consideration topographic and/or other natural resource conditions, density of existing vegetation to be preserved, and size and shape of the development site.

(b) The following minimum greenbelt from adjacent public streets shall be applied:

District	Minimum Width of Greenbelt From Adjacent Public Streets (in feet)
R-1A	50
R-1B	50
R-2	50
R-3	75

(4) Transition from adjacent parcels. In order to provide an orderly transition of density when a cluster development abuts a single-family residential district of equal or lower density, the Planning Commission, at it discretion, may require 1 or more of the following measures: designation of open space along the common boundaries; screening in accordance with the requirements of § 151.101; and/or an area or row of lots of commensurate size as neighboring residential lots.

(5) Density. The number of dwelling units within any development permitted hereunder shall not exceed the number of dwelling units permitted in the Zoning District in which the proposed development is located without application of the cluster housing option. The applicant must submit a concept plan that illustrates a site layout without the cluster option and all applicable ordinances and laws observed.

(6) Setbacks. Minimum setback requirements are established in a manner which permits variation in the siting of individual dwelling units in order to encourage creativity in design and compatibility with natural resource features. The minimum setback requirements for each dwelling unit shall be shown on the site plan as follows.

(a) In the case of single-family detached dwellings, the following minimum setbacks shall be applied:

Minimum Yard Setbacks Per Unit
District	Front	Rear	Total Front and Rear	Side
District	Front	Rear	Total Front and Rear	Least	Total
R-1A	20	30	55	5	15
R-1B	20	30	55	5	15
R-2	20	30	55	5	15
R-3	20	30	55	5	15

(b) In the case of single-family attached dwellings, the following minimum setbacks shall be required:

District	Minimum Setback
District	From Internal Drives and Streets	From Perimeter Property Boundaries
R-1A	20	50
R-1B	20	50
R-2	20	50
R-3	20	50

(c) In the case of single-family attached dwellings, the minimum distance between buildings shall comply with Appendix B.

(7) Required street frontage. Any cluster lot contained within a cluster lot development shall have frontage on and direct access to a public street which has been accepted for maintenance by the village. The extent of street frontage shall be determined by the village, in its discretion, taking into consideration topographic and/or other natural resource considerations, size and shape of the development site, and public safety factors.

(Ord. 239, passed 3-5-2001, § 5.2) Penalty, see § 151.999

§ 151.067 OPEN SPACE PRESERVATION.

(A) (1) (a) Whenever the preservation of open space is required by this chapter, the applicant shall provide a demonstrated means that all open space portions of the development will be maintained in the manner approved.

(b) Documents shall be presented that bind all successors and future owners in fee title to commitments made as a part of the proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of the transfer is provided to the village and the land uses continue as approved in the open space community plan.

(2) The dedicated open space shall be set aside by the applicant through an irrevocable conveyance that is found acceptable to the Village Attorney, such as:

(a) Recorded deed restrictions;

(b) Covenants that run perpetually with the land; and/or

(c) Conservation easements such as those established per the State of Michigan Conservation and Historic Preservation Act, Public Act 197 of 1980, being M.C.L.A. § 399.251, as amended.

(B) The conveyance shall assure that the open space will be protected from all forms of development, except as shown on an approved site plan, and shall never be changed to another use. The conveyance shall:

(1) Indicate the proposed allowable use(s) of the dedicated open space;

(2) Demonstrate to the satisfaction of the village that dedicated open space shall be maintained;

(3) Provide standards for scheduled maintenance of the open space; and

(4) Provide for maintenance to be undertaken by the village in the event that the dedicated open space is inadequately maintained, or is determined by the village to be a public nuisance, with the assessment of costs upon property owners within the proposed development.

(Ord. 239, passed 3-5-2001, § 5.3) Penalty, see § 151.999

§ 151.068 ACCESSORY BUILDINGS AND USES.

(A) General requirements.

(1) No accessory building or structure shall be built upon a lot or parcel unless and until a principal structure is erected. A building or structure not attached to a principal building shall be considered a detached accessory building or structure.

(2) Accessory structures shall be subject to all applicable building code regulations. Land use permits shall be required for buildings greater than 36 square feet in area and/or greater than four feet in height. Electrical service for ground-mounted antennas shall be provided only through underground lines.

(3) In no instance shall an accessory structure be located within a dedicated easement or right-of-way.

(4) Detached accessory structures shall be erected only in a rear yard. If the lot is a corner lot, accessory structures shall remain behind all building lines adjacent to streets.

(B) Accessory buildings in residential zoning districts.

(1) Attached accessory buildings.

(a) Where the accessory building is structurally attached to a main building, it shall conform to all setback and height regulations of this chapter and building codes applicable to main buildings.

(b) The sum total floor area of all accessory buildings and structures shall not exceed 50% of the total floor area of all stories of the principal building.

(2) Detached accessory buildings.

(a) Detached accessory structures shall be erected only in a rear yard. If the lot is a corner lot, accessory structures shall remain behind all building lines adjacent to streets.

(b) The sum total floor area of all accessory buildings and structures shall not exceed 25% of the total required and nonrequired rear yard area.

(d) The combined ground floor area of all detached accessory buildings shall not exceed 450 square feet plus 2% of the total lot area. However, in no instance shall the combined floor area of all detached accessory buildings and detached accessory supplemental buildings exceed the ground floor footprint of the living area of the dwelling.

(e) Accessory buildings and structures located in rear yards shall not be closer than 10 feet to any rear or side lot line. No detached accessory building or structure shall be constructed within 10 feet of any other building located on the same lot or parcel. No detached accessory building or structure shall exceed 15 feet in overall height.

(f) Detached accessory structures in all other districts may be constructed to equal the permitted maximum height of principal structures in said districts.

(g) If a detached accessory structure has side facing or is visible from a public or private street and is larger than 200 square feet, that side shall be constructed of like materials of the principal structure.

(h) When located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building shall not project beyond the front yard setback required.

(1) No portion of the swimming pool or associated structures shall be permitted to encroach upon any easement or right-of-way that has been granted for public utility use.

(2) Front yard and side yard setbacks shall comply with required setbacks specified for the zoning district wherein the pool is located. Rear yard setbacks shall be a minimum of 15 feet.

(3) All swimming pools shall be enclosed in accordance with applicable building codes.

(D) Requirements for outdoor wood-, corn- or pellet-fired boilers or furnaces. Outdoor wood-, corn- or pellet-fired boilers or furnaces shall be subject to the following.

(1) This section is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the village due to the air pollution and fire hazards of outdoor burning. However it does not apply to the following:

(a) Grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.

(b) Burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation.

(c) Use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.

(2) An outdoor wood-, corn- or pellet-fired boiler may be installed and used in the village only in accordance with the following provisions:

(a) Shall not be used to burn any of the prohibited materials listed in Chapter 91, Fire Prevention and Protection.

(b) Shall be located at least 200 feet from the property line when located adjacent to a vacant parcel, or the same distance from an existing home on any abutting parcels.

(c) Shall have a chimney that extends to a height no less than the highest point of the roofs of the adjacent residences.

(d) Only boilers (a.k.a. furnaces) with manufacturer labels that indicate their intentions (design) for such a use shall be permitted within the village.

(e) All furnaces shall be located within the rear yard, and the base structure shall be fully screened using landscaping and/or fencing of comparable height to the structure.

(f) All stockpiles and/or pellet dispensers shall be fully screened at opacity of no less than 80%. The height of stockpiles shall not exceed 5 feet, which will ensure they are at least 1 foot lower than the maximum fence height permitted within the residential districts in the village. Additionally, both stockpiles and dispensers shall be screened with a double-staggered row of evergreens, no less than 1 foot taller than the fuel storage area, to ensure adequate screening for adjacent property owners.

(E) Requirements applicable to accessory buildings within all other districts. Accessory buildings shall be subject to the same placement and height requirements to principal structures in the district in which located.

(Ord. 239, passed 3-5-2001, § 5.4; Am. Ord. 275, passed 12-20-2010, § 2; Am. Ord. 302, passed 4-20-2020) Penalty, see § 151.999

§ 151.069 EMERGENCY TEMPORARY DWELLINGS.

(A) When permitted. Emergency temporary dwellings may be permitted upon a finding by the village that the principal residential structure has been destroyed in whole or in part by fire, explosion, or natural disaster and therefore is uninhabitable and the standards set forth herein have been met.

(B) Permit application and review.

(1) An application for a permit for the emergency temporary use and installation of a mobile home, modular, or prefabricated dwelling unit shall be made to the Zoning Administrator. The application shall be accompanied by a plot plan showing the location of the proposed structure.

(2) The application shall be reviewed by a committee composed of the Zoning Administrator and 2 elected Village Council members, other than the Zoning Administrator. Approval of the application may be granted by a majority vote of the committee upon a finding that all of the following conditions are met.

(a) The principal residential structure has been destroyed in whole or in part by fire, explosion, or natural disaster and therefore is uninhabitable.

(b) The temporary dwelling unit shall be connected to public sewer and water.

(c) The temporary dwelling unit shall comply with all applicable zoning district requirements including setback, area, bulk, and other requirements, except minimum house size requirements.

(3) (a) The granting of a permit for an emergency temporary dwelling unit shall be for a period of up to 1 year from the date of approval by the committee.

(b) Any conditions of approval shall be specified in writing on the permit.

(4) To guarantee compliance with the provisions of the ordinance and removal of the emergency temporary dwelling upon expiration of the permit, the Village Council may require a cash bond to be posted prior to the issuance of a permit.

(Ord. 239, passed 3-5-2001, § 5.5) Penalty, see § 151.999

§ 151.070 SINGLE-FAMILY DWELLINGS; MOBILE HOMES; PREFABRICATED HOUSING.

(A) Generally. No single-family dwelling (site built), mobile home, modular housing, or prefabricated housing located outside a mobile home park or mobile home subdivision shall be permitted unless the dwelling unit conforms to the following standards.

(B) Square footage. Each dwelling unit shall comply with the minimum square footage requirements of this chapter for the zone in which it is located.

(C) Dimensions. Each dwelling unit shall have a minimum width across any front, side, or rear elevation of 20 feet and shall comply in all respects with the building code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where the standards or regulations for construction are different than those imposed by the Michigan State Construction Code Commission, then and in that event the federal or state standard or regulation shall apply.

(D) Foundation. Each dwelling unit shall be firmly attached to a permanent foundation constructed on the site in accordance with the building code and shall have a wall of the dimensions to adequately support the dwelling. All dwellings shall be securely anchored to the foundation in order to prevent displacement during windstorms.

(E) Undercarriage. Dwelling units shall not be installed with attached wheels. Additionally, no dwelling shall have any exposed towing mechanism, undercarriage, or chassis.

(F) Sewage disposal or water supply. Each dwelling unit shall be connected to public sewer and water.

(G) Storage area. Each dwelling unit shall contain a storage capability area either in a basement located under the dwelling, in an attic area, or in a separate or attached structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to 10% of the square footage of the dwelling or 100 square feet, which ever shall be less.

(H) Architecture and compatibility.

(1) The compatibility of design and appearance shall be determined in the first instance by the Zoning Administrator. The Zoning Administrator may also refer any determination of compatibility to the Planning Commission. Any determination of compatibility shall be based upon the character, design, and appearance of 1 or more residential dwellings located outside of mobile home parks within 500 feet of the subject dwelling. All dwellings shall be aesthetically compatible in design and appearance with other residences in the vicinity.

(2) All homes shall have a roof overhang of not less than 6 inches on all sides or alternatively with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling. The dwellings shall not have less than 2 exterior doors with the second one being in either the rear or side of the dwelling. Steps shall also be required for exterior door areas or to porches connected to the door areas where a difference in elevation requires the same. The foregoing shall not be construed to prohibit innovative design concepts involving the matters as solar energy, view, unique land contour, or relief from the common or standard designed home.

(I) Additions. Each dwelling unit shall contain no addition or room or other area which is not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.

(J) Code compliance. Each 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 the mobile home shall be of a type and quality conforming to the Mobile Home Construction and Safety Standards as promulgated by the United States Department of Housing and Urban Development, being 24 C.F.R. pt. 3280, and as from time to time the standards may be amended or superseded. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

(K) Building permit. All construction required herein shall be commenced only after a building permit has been obtained in accordance with the applicable building code provisions and requirements.

(L) 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 the 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 the uses, or unless used as a temporary residence as otherwise provided in this chapter.

(Ord. 239, passed 3-5-2001, § 5.6) Penalty, see § 151.999

§ 151.071 MOBILE HOME PARK REQUIREMENTS.

(A) The Mobile Home Code, as established by the Mobile Home Commission and the Michigan Department of Public Health Rules under the authority of the Mobile Home Commission Act, Public Act 96 of 1987, being M.C.L.A. §§ 125.2301 - 125.2350, as amended, regulates development of mobile home parks. All mobile home parks must be constructed according to the standards of the Code.

(B) In addition to the rules and standards of the State of Michigan, the Village of Manchester imposes the following conditions.

(1) Mobile home parks shall be constructed, licensed, operated, and managed in accordance with the provisions of the Mobile Home Commission Act, Public Act 96 of 1987, being M.C.L.A. §§ 125.2301 - 125.2350, as amended, and subsequently adopted rules and regulations governing mobile home parks.

(2) Mobile home parks shall not be permitted on parcels less than 10 acres in size.

(3) Individual mobile home sites within a mobile home park shall have a minimum lot size of 5,500 square feet per mobile home being served. This 5,500 square foot minimum may be reduced by 20%, provided that the individual site shall be equal to at least 4,400 square feet. For each square foot of land gained through this reduction of the site below 5,500 square feet, an equal amount of land shall be dedicated as open space. In no case shall the open space requirements be less than that required under R125.1946, Rule 946 of the Michigan Administrative Code.

(4) The on-site storage of boat trailers, boats, camping units, horse trailers, and similar recreational equipment shall be prohibited on mobile home sites and in designated open space areas. The mobile home park may provide, within the confines of the park, a common outdoor storage area for the storage of the above mentioned equipment.

(5) (a) Mobile home parks shall be landscaped as follows.

1. If the mobile home park abuts an existing residential development, the park shall be required to provide screening along the park boundary abutting the residential development.

2. If the park abuts a nonresidential development, the park need not provide screening.

3. In all cases, however, a park shall provide screening along the park boundary abutting a public right-of-way.

(b) The landscaping shall consist of evergreen trees or shrubs a minimum 3 feet in height which are spaced so they provide a continuous screen at maturity. Alternative screening devices may be utilized if they conceal the mobile home park as effectively as the required landscaping described above.

(6) Mobile home parks shall be subject to preliminary plan review requirements in accordance with Public Act 96 of 1987, being M.C.L.A. §§ 125.2301 - 125.2350, as amended.

(7) A permit shall not be required for the construction or erection of canopies or awnings which are open on 3 sides. A building permit shall be required, however, before the construction of erection of any screened, glassed-in, or otherwise enclosed awning or canopy.

(Ord. 239, passed 3-5-2001, § 5.7) Penalty, see § 151.999

§ 151.072 DAY-CARE FACILITIES.

(A) Intent. It is the intent of this section to establish standards for day-care facilities which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(B) Application of regulations.

(1) A state licensed family day-care home shall be considered a residential use of property and a permitted use in all residential districts. Family day-care homes shall be prohibited in all other districts.

(2) The Village Council may, by issuance of a conditional use permit, authorize the establishment of group day-care homes and day-care centers as specified in district regulations and subject to the standards herein.

(C) Standards for group day-care homes. Group day-care homes shall be considered as conditional land use subject to the requirements and standards of § 151.022 and the following additional standards.

(1) The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located.

(2) The property is maintained in a manner that is consistent with the character of the neighborhood.

(3) There shall be an outdoor play area of at least 500 square feet provided on the premises. The play area shall not be located within the front yard setback. This requirement may be waived by the Planning Commission if a public play area is within 500 feet of the subject parcel.

(4) All outdoor play areas shall be enclosed by a fence that is designed to discourage climbing, and is at least 4 feet in height, but no higher than 6 feet.

(5) The hours of operation do not exceed 16 hours within a 24-hour period. Activity between the hours of 10:00 p.m. and 6:00 a.m. shall be limited so that the drop-off and pick-up of children is not disruptive to neighboring residents.

(6) One off-street parking space per employee not a member of the group day-care home family shall be provided.

(7) Appropriate licenses with the State of Michigan shall be maintained.

(D) Standards for day-care centers. Day-care centers shall be considered as a conditional land use subject to the requirements and standards of § 151.022 and the following standards.

(1) The day-care center shall be served by public sewer and water.

(2) A separate drop-off and pick-up area shall be provided adjacent to the main building entrance, located off of a public street and the parking access lane, and shall be of sufficient size so as to not create congestion on the site or within a public roadway.

(3) Off-street parking shall be provided at a rate of 1 space per employee plus 1 space for every 5 children enrolled at the facility.

(4) There shall be an outdoor play area of at least 1,000 square feet provided on the premises the play area shall not be located within the front setback. This requirement may be waived by the Planning Commission if public play area is available 500 feet from the subject parcel.

(5) Appropriate licenses with the State of Michigan shall be maintained.

(Ord. 239, passed 3-5-2001, § 5.8) Penalty, see § 151.999

§ 151.073 ADULT FOSTER CARE FACILITIES.

(A) Intent. It is the intent of this section to establish standards for adult foster care facilities which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(B) Application of regulations.

(1) A state licensed adult foster care small group home serving 6 persons or less and adult foster care family home shall be considered a residential use of property and a permitted use in all residential districts.

(2) The village may, by issuance of a conditional use permit, authorize the establishment of adult foster care small group homes serving more than 6 persons and adult foster care large group homes in the following zoning districts: R-1A, R-1B, R-2, and R-3. The facilities shall be prohibited in all other districts.

(3) The village may, by issuance of a conditional use permit, authorize the establishment of an adult foster care congregate facility in the following zoning districts: R-2 and R-3. The facilities shall be prohibited in all other districts.

(C) Standards for adult foster care small group homes serving more than 6 persons and adult foster care large group homes. These homes shall be considered as conditional land use subject to the requirements and standards of § 151.022 and the following additional standards.

(1) A site plan, prepared in accordance with § 151.023, shall be required to be submitted.

(2) The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of 1,500 square feet per adult, excluding employees and/or care givers.

(3) The property is maintained in a manner that is consistent with the character of the neighborhood.

(4) One off-street parking space per employee and/or caregiver shall be provided.

(5) In its sole discretion, the village may determine that landscape screening in accordance with § 151.101(D) is required.

(6) Appropriate licenses with the State of Michigan shall be maintained.

(D) Standards for adult foster care congregate facilities. These facilities shall be considered as a conditional land use subject to the requirements and standards of § 151.022 and the following standards.

(1) A site plan, prepared in accordance with § 151.023, shall be required to be submitted.

(3) Parking requirements as required for convalescent homes and similar facilities, set forth in §§ 151.165 et seq. shall be met.

(4) All landscape requirements set forth in § 151.101 shall be met.

(5) Appropriate licenses with the State of Michigan shall be maintained.

(Ord. 239, passed 3-5-2001, § 5.9) Penalty, see § 151.999

§ 151.074 HOME OCCUPATIONS.

(A) Generally. All home occupations shall be in single-family residences subject to the following requirements.

(B) Requirements.

(1) A home occupation must be clearly incidental and secondary to the primary use of the dwelling unit for dwelling purposes. No more than 25% of the floor area of dwelling shall be devoted to a home occupation.

(2) A home occupation use shall not change the character of the residential nature of the premises, both in terms of use and appearance.

(3) A home occupation use shall not create a nuisance or endanger the health, safety, welfare, or enjoyment of any other person in the area, by reason of noise, vibration, glare, fumes, odor, unsanitary or unsightly conditions, fire hazards, or the like, involved in or resulting from the home occupation.

(4) A home occupation shall not generate sewage or water use in excess of what is normally generated from a single-family dwelling in a residential area.

(5) No employees shall be permitted other than members of the immediate family resident in the dwelling unit.

(6) All activities shall be carried on within an enclosed structure. There shall be no outside display of any kind, or other external or visible evidence of the conduct of a home occupation.

(7) There shall be no vehicular traffic permitted for the home occupation, other than that which is normally generated for a single dwelling unit in a residential area, both as to volume and type of vehicles.

(Ord. 239, passed 3-5-2001, § 5.10) Penalty, see § 151.999

§ 151.075 SEASONAL SALES.

The sale of Christmas trees, pumpkins, firewood, and other seasonal items shall be considered temporary uses within any zoning district subject to the conditions contained herein. All sales shall be conducted in a manner so as not to create a traffic hazard or a nuisance to neighboring properties. Adequate parking and ingress and egress to the premises shall be provided. Upon discontinuance of the seasonal use, any temporary structures shall be removed. Signs shall conform to the provisions of the district in which the seasonal use is located.

(Ord. 239, passed 3-5-2001, § 5.11) Penalty, see § 151.999

§ 151.076 GARAGE SALES, RUMMAGE SALES, AND SIMILAR ACTIVITIES.

Garage sales, rummage sales, yard sales, moving sales, and similar activities shall be considered temporary accessory uses within any residential zoning district subject to the conditions contained herein. Any garage sale, rummage sale, or similar activity shall be allowed without a permit for a period not to exceed 4 days within a 6-month period. All the sales shall be conducted in a manner so as not to create a traffic hazard or a nuisance to neighboring properties. No signs advertising a garage sale or similar activity shall be placed upon public property. Signs shall not be placed more than 24 hours prior to the sale and must be removed upon completion of the sale.

(Ord. 239, passed 3-5-2001, § 5.12) Penalty, see § 151.999

§ 151.077 ESSENTIAL SERVICES.

Essential services shall be permitted as authorized and regulated by law and other ordinances of the village. The construction of buildings associated with essential services shall be subject to the provisions of § 151.023. Otherwise, the construction, maintenance, and alteration of essential services shall be exempt from the provisions of this chapter.

(Ord. 239, passed 3-5-2001, § 5.13) Penalty, see § 151.999

§ 151.078 SELF-STORAGE FACILITIES.

(A) Generally. Self-storage facilities shall be subject to the following requirements and conditions.

(B) Requirements and conditions.

(1) No activity other than rental of storage units and the rental of outside storage space for recreational vehicles shall be allowed. No commercial, wholesale, retail, industrial, or other business use on, or operated from, the facility shall be allowed.

(2) The storage of any toxic, explosive, corrosive, flammable, or hazardous materials is prohibited. Fuel tanks on any motor, vehicle, boat, lawn mower, or similar property will be drained or removed prior to storage. Batteries shall be removed from vehicles before storage.

(3) Other than the storage of recreational vehicles, all storage shall be contained within a building. All recreational vehicle storage shall be screened from the view of neighboring properties and public roads in accordance with § 151.101.

(4) Exterior walls of the ends of all storage units shall be of masonry or face-brick construction.

(5) All storage units must be accessible by paved circular drives clearly marked to distinguish traffic flow. A minimum 26-foot drives shall be provided between buildings. Site circulation shall be designed to accommodate fire trucks, as well as trucks that will customarily access the site.

(Ord. 239, passed 3-5-2001, § 5.14) Penalty, see § 151.999

§ 151.079 OUTDOOR SALES.

Outdoor sales for new and used automobiles, boats, mobile homes, farm machinery, and other vehicles and manufactured products and similar uses shall be subject to the following provisions.

(A) There shall be no strings of flags, pennants, or bare light bulbs permitted.

(B) No vehicles or merchandise for sale shall be displayed within any required front yard setback.

(Ord. 239, passed 3-5-2001, § 5.15) Penalty, see § 151.999

§ 151.080 GENERAL, BUILDING, AND LANDSCAPE CONTRACTOR'S OFFICES AND YARDS.

(A) A contractor's office building shall be of permanent construction. Temporary construction trailers shall not be permitted to be occupied as the office of the contractor. Outdoor storage shall be strictly and clearly accessory to the contractor's principal office use of the property. Only products, materials, and equipment owned and operated by the principal use shall be permitted for storage.

(B) Storage shall not be located within the required front yard. The storage shall not be located in any required parking or loading space.

(C) Storage shall be screened from the view of public street, and adjacent properties zoned either residential, commercial, or office. Screening measures shall meet the requirements of § 151.101(D).

(D) The location and size of areas for storage, nature of items to be stored therein, and details of the enclosure, including description of materials, height, and typical elevation of the enclosure, shall be provided as part of the information submitted under § 151.023.

(Ord. 239, passed 3-5-2001, § 5.16) Penalty, see § 151.999

§ 151.081 AUTOMOBILE SERVICE STATIONS.

(A) Generally. Automobile service stations and washes shall be subject to the following standards.

(B) Standards.

(1) Separation shall be made between the pedestrian sidewalk and vehicular parking and maneuvering areas with the use of curbs, wheel stops, greenbelts, or traffic islands.

(2) All activities related to vehicle washing, service, and repair equipment shall be entirely enclosed within a building.

(3) Driveways shall be designed to accommodate the type and volume of vehicular traffic using the site and located in a manner which is compatible with uses located adjacent to and across from the site.

(4) Inoperative or unlicensed vehicles shall not be stored outside for more than 7 days. The storage shall not occur in front of the building front line.

(5) Vehicle sales shall not be permitted on the premises of any automobile service station or wash.

(Ord. 239, passed 3-5-2001, § 5.17) Penalty, see § 151.999

§ 151.082 OUTDOOR DISPLAYS OF PRODUCTS OR MATERIALS INTENDED FOR RETAIL SALE OR RENTAL.

(A) General standards.

(1) An outdoor display shall be considered as an accessory to the principal business use conducted on the premises.

(2) The exterior of the premises shall be kept clean, orderly, and maintained.

(3) The village shall not be held liable or responsible for any type of damage, theft, or personal injury which may occur as a result of an outdoor display.

(4) In the administration of these provisions, the Zoning Administrator shall be permitted to refer a request to the Planning Commission for review and recommended where site conditions may create difficulty in adherence to the standards contained herein.

(B) Standards within CBD Districts.

(1) An outdoor display may be located in front of or adjacent to the establishment. An outdoor display that extends beyond the property lines of the applicant shall require the permission of the affected property owners.

(2) If an outdoor display is located on a public sidewalk, a minimum of 5 feet of unobstructed, pedestrian access along the sidewalk shall be maintained. Sufficient room shall also be provided to allow car doors to open along the curbside.

(1) An outdoor display may be located within any required yard but shall not be located within any public road right-of-way.

(2) An outdoor display shall not occupy or obstruct the use of any fire lane, required off-street parking, or landscaped area required to meet the requirements of this chapter.

(D) Transient and seasonal sales.

(1) Transient or seasonal sales may be located within any required yard but shall not be located within any public road right-of-way.

(2) Transient or seasonal sales shall not occupy or obstruct the use of any fire lane, required off-street parking, or landscaped area required to meet the requirements of this chapter.

(Ord. 239, passed 3-5-2001, § 5.18) Penalty, see § 151.999

§ 151.083 SIDEWALK CAFÉ SERVICE.

(A) Generally. A sidewalk café service operated by a restaurant or other food establishment which sells food for immediate consumption may be permitted in the CBD Central Business District, subject to the following conditions.

(B) Conditions.

(1) (a) An application depicting the location and a site layout of the café facility shall be submitted to the Zoning Administrator.

(b) Each permit application for a sidewalk café shall be accompanied by a policy or certificate of insurance, in an amount acceptable to the village, including worker’s compensation, naming the village as additionally insured. Establishments serving alcohol shall also provide a liquor liability policy or certificate of insurance naming the village as additionally insured.

(c) Each permit shall be effective 8 months from April 1 to December 1 and must be renewed annually through administrative review. The annual permit fee for establishing and maintaining a sidewalk café shall be established by Village Council resolution.

(2) A sidewalk café shall be allowed only during the 8 month period beginning April 1. All sidewalk café furniture is to be removed by December 1 each year.

(3) A sidewalk café may be located in front of the establishment.

(4) If a sidewalk café is located on a public sidewalk, a minimum of 5 feet of unobstructed, pedestrian access along the sidewalk shall be maintained.

(5) A sidewalk café shall be allowed only during normal operating hours of the establishment.

(6) The exterior of the premises shall be kept clean, orderly and maintained.

(7) The permittee shall be responsible for repair of any damage to the sidewalk caused by the sidewalk café furniture. No permanent attachments to the sidewalk are permitted.

(8) All sidewalk café furniture is to be maintained in a manner that is compatible with the building’s site elements (i.e. signs, awnings and walls). No broken, peeling, rusting or other aesthetic elements should be left outdoors for continued use.

(9) The village shall not be held liable or responsible for any type of damage, theft or personal injury which may occur as a result of a sidewalk café operation.

(10) All sidewalk cafes shall comply with applicable regulations of the County Health Department, the State Liquor Control Commission and any other applicable county, state or federal regulation.

(11) The Village of Manchester reserves the right to deny, revoke or suspend a sidewalk café permit if the permittee has failed to correct violations of the sidewalk café permit within the time specified on the violation notice. If the village denies, revokes or suspends the permit the village will notify the permittee in writing. The decision to deny, revoke or suspend a permit may be appealed to the Village Council. Variances from the sidewalk café standards must be appealed before the Zoning Board of Appeals.

(Ord. 239, passed 3-5-2001, § 5.19; Am. Ord. 288, passed 12-16-2013) Penalty, see § 151.999

§ 151.084 BED AND BREAKFAST ACCOMMODATIONS.

(A) Each premises must be occupied and operated by its owner.

(B) The proposed use shall not cause a nuisance to adjoining residences due to noise, odor, lighting, or traffic.

(D) There shall be no separate cooking facilities used for bed and breakfast stay.

(E) The stay of bed and breakfast occupants shall be no more than 14 consecutive days and not more than 30 days in any 1 calendar year.

(F) The operator of each facility shall keep a list of the names of all persons staying at the bed and breakfast which list shall be available for inspection by the Zoning Administrator.

(G) One bathroom for every 3 sleeping rooms shall be provided, with a minimum of 2 bathrooms.

(H) One parking space shall be provided off-street in the side or rear yard area for each bed and breakfast bedroom.

(Ord. 239, passed 3-5-2001, § 5.20)

§ 151.085 MINERAL MINING AND EXTRACTIVE OPERATIONS.

(A) Intent and purpose. It is the intent and purpose of this section to promote the underlying spirit and intent of the entire zoning code, but at the same time allow for the extraction of minerals in locations where they have been naturally deposited, and to ensure that mineral mining activity shall be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land use, and, to ensure that mineral mining activities are consistent with the public health, safety, and welfare of the village.

(B) Use restriction. Mineral mining and extractive operations may be considered as a conditional use in the I-2 District. The extraction, removal, and/or processing of sand, gravel, stone, and/or other mineral mining in the village shall be prohibited unless first authorized by the grant of a conditional approval use application by the village in accordance with this section and § 151.022.

(C) Exemption. Usual and customary land balancing by cutting and filling, in preparation for immediately planned and approved development in accordance with this and all other applicable ordinances and law, shall be exempted from the provisions of this section.

(D) Application. An application shall be filed with the Zoning Administrator and shall include the following:

(1) Site plan prepared in accordance with § 151.023;

(2) Vertical aerial photograph, enlarged to a scale of 1 inch equals 200 feet, from original photograph flown at a negative scale no smaller than 1 inch equals 660 feet. The date of the aerial photograph shall be certified, and shall have been flown at the time as the foliage shall be off of on-site trees, provided, if there are changes in the topography from the date of the photograph, an accompanying text shall be provided explaining each change. The vertical photograph shall cover:

(a) All land anticipated to be mined in the application, together with adjoining land owned by the applicant;

(b) All contiguous land which is or has been used by the owner or leasehold applicant for mineral extraction and/or processing and/or storage, and all contiguous (land) in which the applicant or any affiliate has a current interest;

(d) All private and public roads from which access to the property may be immediately gained;

(e) Boundary of the entire planned mining area by courses and distance;

(f) Site topography and natural features including location of water courses within the planned mining area; and

(g) Means of vehicular access to the proposed operation.

(3) Duration of proposed operation, and location, timing, and any other relevant details with respect to the phasing and progression of work on the site;

(4) Land use study/drawing showing the existing land uses with specification of type of use, e.g., single-family residential, multiple-family residential, retail, office, and the like, and density of individual units in areas shown, including:

(a) Property within a radius of 1 mile around the site; and

(b) The property fronting on all vehicular routes within the village contemplated to be utilized by trucks which will enter and leave the site.

(5) Geological/hydrological/engineering survey prepared by appropriate and qualified experts, indicating:

(a) All anticipated impact to the qualitative and quantitative aspects of surface water, ground water, and drainage during and subsequent to the operation to the geographical extent reasonably expected to be affected; and

(b) Opinion whether the exposure of subterranean waters and/or the impoundment of surface waters, where permitted, will establish a suitable water level at the level or levels proposed as part of the operation, and whether the same will not interfere with the existing subterranean water or cause any harm or impairment to the general public.

(6) Description of the vehicles, machinery, and equipment proposed for use on the property, specifying with respect to each, the anticipated noise and vibration levels.

(E) Review procedure.

(1) The Zoning Administrator shall forward the original of the application to the Village Clerk for the file, and forward the copies to the members of the Planning Commission, the Village Engineer, the Village Planner, and to the Road Commission.

(2) The Village Engineer and the Village Planner shall each file a report with the Zoning Administrator, together with a recommendation on the need for additional experts. The Zoning Administrator shall retain the original of these reports for the file, and forward copies to the Planning Commission.

(3) The Zoning Administrator shall request a report from the Road Commission regarding traffic safety relevant to the application and any road improvements deemed appropriate to protect the public health, safety, and welfare for areas located outside of the village.

(4) After receiving all reports, including any additional reports of experts recommended by the Village Engineer and/or Planner, if deemed appropriate the Planning Commission shall consider the application in accordance with the procedures set forth in § 151.022.

(5) (a) Reasonable conditions may be required with the approval of the application for the conditional land use, to ensure that public services and facilities affected by proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner.

(b) Conditions imposed shall be reasonable and shall be in compliance with applicable law.

(F) Requirements and standards. The determination on applications submitted under this section shall be based upon the following requirements and standards, as determined in the discretion of the Planning Commission, and if the application is approved, the standards and requirements shall be maintained as a condition to continued operation and use by the applicant.

(1) Demonstration by the applicant that the proposed land use shall not result in a probable impairment to, pollution of, unreasonable impact upon, and/or destruction of the following:

(a) The water table and/or private wells of property owners within the reasonably anticipated area of impact during and subsequent to the operation;

(b) The course, quantity, and quality of surface water, ground water, and/or the watershed anticipated to be impacted by the operation; and

(c) The surrounding property and/or property along haul routes, in terms of noise, dust, air, water, odor, light, and/or vibration, and further, shall not unreasonably impact upon persons perceiving the operation in terms of aesthetics.

(2) The proposed land use shall not be incompatible with the surrounding uses, based upon an application of generally accepted planning standards and principles.

(3) The proposed land use shall not unreasonably burden the capacity of public services and facilities.

(4) The proposed land use shall have immediate and direct access to a paved road having a planned right-of-way not less than 120 feet and having necessary and appropriate load bearing and traffic volume capacity in relation to the proposed intensity of the use.

(5) All activities conducted in connection with the operation shall occur at least 160 feet from the nearest property line, provided, all processing and stockpiling shall be conducted at least 200 feet from the nearest property line.

(6) The hours of operation shall not reasonably interfere with usual and customary uses of land within the surrounding area anticipated to be impacted.

(7) The maximum duration of the proposed use, if conducted in or immediately adjacent to a residential zoning district, shall be 10 years.

(8) The site shall be secured with fencing and screened from all adjacent public highways and residentially used parcels.

(9) The total area being mined which has not been reclaimed shall at no time exceed 40% of the entire parcel.

(10) The proposed transportation route or routes within the village shall be as direct and minimal in detrimental impact as reasonably possible, as determined in the discretion of the village at the time of application, and thereafter.

(G) Reclamation. Reclamation of the site shall be in accordance with a reclamation plan approved by the village as part of the application review process. There shall be no final slopes having a grade in excess of a minimum ratio of 1 foot vertical to 5 feet horizontal, and, for permanent water areas, for a distance of not less than 10 feet nor more than 50 feet, the submerged slopes shall be graded from the water’s edge at a grade not in excess of a minimum ratio of 1 foot vertical to 7 feet horizontal; the entire site shall be planted with sufficient vegetation so as to sustain short and long term growth, in order to avoid erosion and washout, and, to the extent necessary to achieve this objective, suitable soils shall be placed on the property; and, all structures, machinery, equipment, and improvements shall be removed from the site. The Village Council shall have the right to impose performance bonds or letters of credit to ensure that the reclamation and restoration plans as submitted are implemented.

(Ord. 239, passed 3-5-2001, § 5.21) Penalty, see § 151.999

§ 151.086 BUILDINGS TO BE MOVED.

(A) No permit shall be granted for the moving of buildings or structures from without or within the limits of the village to be placed on property within the limits unless the Building Official shall have made an inspection of the building to be moved and has found that it is structurally safe, will not adversely affect the character of existing buildings in the neighborhood of the new location, and will fully comply with the building code and other codes regulating public health, safety, and general welfare. A performance bond as established by the Village Council of sufficient amount to insure the cost of completing the building for occupancy within a period of not less than 6 months from date of permit shall be furnished before permit is issued.

(B) Any building moved within a district and placed upon a foundation or any building moved into a district shall be subject to all the limitations and requirements herein set forth relating to uses, construction, permits, and certificates.

(Ord. 239, passed 3-5-2001, § 5.22)

§ 151.087 WIRELESS COMMUNICATION FACILITIES.

(A) Purpose and intent.

(1) It is the general purpose and intent of the village to carry out the will of the United States Congress by authorizing communication facilities needed to operate wireless communication systems. However, it is the further purpose and intent of the village to provide for the authorization in a manner which will retain the integrity of neighborhoods and the character, property values, and aesthetic quality of the community at large. In fashioning and administering the provisions of this section, attempt has been made to balance these potentially competing interests.

(2) Recognizing the number of providers authorized to establish and operate wireless communication services and coverage, it is the further purpose and intent of this section to:

(a) Facilitate adequate and efficient provision of sites for wireless communication facilities and ensure that wireless communication facilities are situated in appropriate locations and relationships to other land uses, structures, and buildings;

(b) Establish predetermined districts or zones of the number, shape, and in the location, considered best for the establishment of wireless communication facilities, subject to applicable standards and conditions;

(c) Recognize that operation of a wireless communication system may require the establishment of facilities in locations not within the predetermined districts or zones;

(d) Minimize the adverse impacts of technological obsolescence of the facilities, including a requirement to remove unused and/or unnecessary facilities in a timely manner; and

(e) Minimize the negative visual impact of wireless communication facilities on neighborhoods, community land marks, historic sites and buildings, natural beauty areas, and public rights-of-way.

(B) Authorization.

(1) Subject to the standards and conditions set forth in division (C) below, wireless communication facilities shall be permitted uses in the following circumstances, and in the following districts.

(a) Circumstances creating permitted use treatment. In all zoning districts, a proposal to establish a new wireless communication facility shall be deemed a permitted use in the following circumstances:

1. An existing structure which will serve as an attached wireless communication facility within a nonresidential zoning district, where the existing structure is not, in the discretion of the Zoning Administrator, proposed to be either materially altered or materially changed in appearance;

2. A proposed collocation upon an attached wireless communication facility which had been pre-approved for the collocation as part of an earlier approval by the village; and/or

3. An existing structure which will serve as an attached wireless communication facility consisting of a utility pole located within a right-of-way, where the existing pole is not proposed to be modified in a manner which, in the discretion of the Zoning Administrator, would materially alter the structure and/or result in an impairment of sight lines or other safety interests.

(b) Permitted use districts. Wireless communication facilities shall be a permitted use in the I-2 Industrial District.

(2) If it is demonstrated by an applicant that a wireless communication facility is required to be established outside of a district identified in division (B)(1) above, in order to operate, the wireless communication facilities may be permitted elsewhere in the community as a conditional land use, subject to the requirements and standards of § 151.022 and the following.

(a) At the time of the submittal, the applicant shall demonstrate that a location within the areas identified in division (B)(1) above cannot reasonably meet the coverage and/or capacity needs of the applicant.

(b) Locations outside of the districts identified in division (B)(1) above shall be permitted on the following sites, subject to application of all other standards contained in this section:

1. Municipally owned site;

2. Other governmentally owned site;

3. Religious or other institutional site;

4. Public park and other large permanent open space areas when compatible;

5. Public or private school site;

6. Other locations if none of the above is available; and

7. Wireless communication facilities shall be of a design such as (without limitation) a steeple, bell tower, or a form which is compatible with the existing character of the proposed site, neighborhood, and general area, as approved by the village.

(3) All other criteria and standards set forth in § 151.085(C) and (D) are met.

(1) Standards and conditions applicable to all facilities. All applications for wireless communication facilities shall be reviewed, constructed, and maintained in accordance with the following standards and conditions. In addition, if the facility is approved, it shall be constructed and maintained with any additional conditions imposed by the village in its discretion.

(a) Facilities shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare.

(b) Facilities shall be located and designed to be harmonious with the surrounding areas.

(c) Facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.

(d) The following additional standards shall be met.

1. The maximum height of the new or modified support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant and by other entities to collocate on the structure. Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights.

2. The accessory building contemplated to enclose switching equipment shall be limited to the maximum height for accessory structures within the respective district.

3. The setback of the support structure from any residential district shall be no less than the height of the structure. The setback of the support structure from any existing or proposed rights-of-way or other publicly traveled roads shall be no less than the height of the structure.

4. Where the proposed new or modified support structure abuts a parcel of land zoned for a use other than residential, the minimum setback of the structure, and accessory structures, shall be in accordance with the required setbacks for principal buildings as provided in the schedule of regulations for the zoning district in which the support structure is located.

5. There shall be an unobstructed paved access drive to the support structure, for operation, maintenance, repair, and inspection purposes, which may be provided through or over an easement. This access drive shall be a minimum of 14 feet in width.

6. The division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements and conditions are met.

7. Where an attached wireless communication facility is proposed on the roof of a building, any equipment enclosure shall be designed, constructed, and maintained to be architecturally compatible with the principal building. The equipment enclosure may be located within the principal building or may be an accessory building. If proposed as an accessory building, it shall conform with all district requirements for principal buildings, including yard setbacks.

8. The village shall review and approve the color of the support structure and all accessory buildings, so as to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition.

9. The support system shall be constructed in accordance with all applicable building codes and shall include the submission of a soils report from a geotechnical engineer, licensed in the State of Michigan. This soils report shall include soil borings and statements indicating the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communication Commission, and Michigan Aeronautics Commission shall be noted.

10. A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. The plan shall be designed to ensure the long-term, continuous maintenance to a reasonably prudent standard.

(2) Standards and conditions applicable to conditional land use facilities. Applications for wireless communication facilities which may be approved as conditional land uses shall be reviewed, and if approved, constructed and maintained, in accordance with the standards and conditions in division (C)(1) above and in accordance with the following standards.

(a) The applicant shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of 1 or more of the following factors:

1. Proximity to a major thoroughfare;

2. Areas of population concentration;

3. Concentration of commercial, industrial, and/or other business centers;

4. Areas where signal interference has occurred due to tall buildings, masses of trees, or other obstructions;

5. Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate; and/or

6. Other specifically identified reason creating facility need.

(b) The proposal shall be reviewed in conformity with the collocation requirements of this section.

(D) Application requirements.

(1) A site plan prepared in accordance with § 151.023;

(2) The site plan shall also include a detailed landscaping plan illustrating screening and aesthetic enhancement for the structure base, accessory buildings, and enclosure. In all cases, there shall be shown on the plan fencing which is required for protection of the support structure and security from children and other persons who may otherwise access facilities;

(3) The application shall include a signed certification by a State of Michigan licensed professional engineer with regard to the manner in which the proposed structure will fall, which certification will be utilized, along with other criteria such as applicable regulations for the district in question, in determining the appropriate setback to be required for the structure and other facilities;

(4) The application shall include a description of security to be posted at the time of receiving a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed, as provided in division (F) below. In this regard, the security shall, at the election of the applicant, be in the form of:

(a) Cash;

(b) Surety bond;

(d) An agreement in a form approved by the Village Attorney and recordable at the office of the Register of Deeds, establishing a promise of the applicant and owner of the property to timely remove the facility as required under this section, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorneys fees incurred by the village in securing removal.

(5) The application shall include a map showing existing and known proposed wireless communication facilities within the village, and further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the village in the location, and in the area, which are relevant in terms of potential collocation or in demonstrating the need for the proposed facility. If and to the extent the information in question is on file with the community, the applicant shall be required only to update as needed. Any proprietary information may be submitted with a request for confidentiality in connection with the development of governmental policy, in accordance with M.C.L.A. § 15.243. This chapter shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be prominently stated in order to bring it to the attention of the village; and

(6) The name, address, and phone number of the person to contact for engineering, maintenance, and other notice purposes. This information shall be continuously updated during all times the facility is on the premises.

(E) Collocation.

(1) Statement of policy. It is the policy of the village to minimize the overall number of newly established locations for wireless communication facilities and encourage the use of existing structures.

(2) Feasibility of collocation. Collocation shall be deemed to be feasible for purposes of this section where all of the following are met.

(a) The wireless communication provider entity under consideration for collocation will undertake to pay market rent or other market compensation for collocation.

(b) The site on which collocation is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support.

(c) The collocation being considered is technologically reasonable, e.g., the collocation will not result in unreasonable interference, given appropriate physical and other adjustment in relation to the structure, antennas, and the like.

(d) The height of the structure necessary for collocation will not be increased beyond a point deemed to be permissible by the village, taking into consideration the standards set forth in this section.

(3) Requirements for collocation.

(a) Approval for the construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that a feasible collocation is not available for the coverage area and capacity needs.

(b) All new and modified wireless communication facilities shall be designed and constructed so as to accommodate collocation.

(c) If a party who owns or otherwise controls a facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible collocation, the facility shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded, or extended in any respect.

(F) Removal.

(1) The village reserves the right to request evidence of ongoing operation at any time after the construction of an approved tower.

(2) A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of 1 or more of the following events:

(a) When the facility has not been used for 180 days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse; and/or

(b) Six months after new technology is available at reasonable cost as determined by the municipal legislative body, which permits the operation of the communication system without the requirement of the support structure.

(3) The situations in which removal of a facility is required, as set forth in division (F)(2) above, may be applied and limited to portions of a facility.

(4) Upon the occurrence of 1 or more of the events requiring removal, specified in division (F)(2) above, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the Zoning Administrator.

(5) If the required removal of a facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30-days’ written notice, the village may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected from the security posted at the time application was made for establishing the facility.

(Ord. 239, passed 3-5-2001, § 5.23) Penalty, see § 151.999

§ 151.088 WIND ENERGY CONVERSON SYSTEMS (WECS).

(A) Intent. The intent of this section is to promote the effective and efficient use of wind energy conversion systems (WECS) with minimum regulations on the siting, design and installation of conversion systems so that the public health, safety, and welfare of neighboring property owners or occupants will not be jeopardized.

(B) Approval required.

(1) (a) Except where noted in this section, it shall be unlawful to construct, erect, install, alter, locate, or use any WECS project within Manchester Village unless a conditional use permit has been obtained pursuant to this section.

(b) Application for conditional use permit required by this section shall be made on forms provided by Manchester Village and shall contain the following, in addition to § 151.022 (Conditional land uses):

1. Plot plan to show location of the WECS pole or tower, guy lines where required, guy line anchor bases, and their distance from all property lines;

2. Methods to screen the base of the WECS pole and/or other ground apparatus; and

3. A permit fee for each WECS as set by Village Council must accompany the application.

(2) Roof mounted WECS are prohibited.

(1) Private freestanding WECS not exceeding 40 feet may be permitted with administrative approval. An application shall be submitted to Zoning Administrator for approval.

(2) Agricultural WECS projects accessory to permitted farm and agricultural operations shall be exempt from the requirements of this section. Agricultural WECS projects shall conform to the regulations of the zoning district, including maximum height and minimum setback standards.

(D) General standards. The following standards shall apply to all private and commercial wind energy conversion systems in Manchester Village:

(1) Design safety certification. The safety of the design of all WECS towers shall be certified by a professional engineer registered in the State of Michigan. The standard for certification shall be included with the permit application.

(2) Controls and brakes.

(a) All private projects shall be equipped with manual and automatic controls to give protection to power grids and to limit rotation of blades to a speed below the designed limits of the WECS. The professional engineer must certify that the rotor and over-speed control design and fabrication conform to applicable design standards.

(b) No changes or alterations from certified design standards shall be permitted unless accompanied by a professional engineer’s statement of certification.

(3) Electrical components. All electrical compartments, storage facilities, wire conduit, and interconnections with utility companies must conform to national and local electrical codes.

(4) Compliance with laws. Projects shall be in compliance with all Manchester Village zoning ordinance requirements, applicable ordinances, statutes, rules, and laws.

(5) Setbacks. All projects must be setback from property lines at a distance equal to or greater than 150% of the WECS height. No part of the wind system structure, including guy wire anchors, may extend within the required setbacks.

(6) Height is measured by the height above grade of the wind energy tower, including the wind turbine or blades at their maximum height. Maximum height of private WECS shall be 70 feet. Commercial WECS projects shall be exempt from the height requirements of this chapter, subject to the provisions of § 151.022 (Conditional uses), and compliance with FAA regulations.

(7) Installation certification. The professional engineer shall certify that the construction and installation of the project meets or exceeds the manufacturer’s construction and installation standards.

(8) Climb prevention. All project towers, guy wires, and or poles must be un-climbable by design or protected by anti-climbing devices such as:

(a) Fences with locking portals at least 6 feet high;

(b) Anti-climbing devices 12 feet from base of pole; or

(c) Anchor points for guy wires supporting tower shall be enclosed by a 6-foot high fence or shall be located within the confines of a yard that is completely fenced.

(9) Interference. It shall be the responsibility of the person in charge of the WECS to submit acceptable documentation as part of the conditional use permit to determine if the WECS project would in any way cause interference with microwave transmissions, residential television reception, or radio reception.

(10) Fire risk. All private projects must adhere to all applicable electrical codes and standards, must remove fuel sources, such as vegetation, from the immediate vicinity of electrical gear and connections, and must utilize twistable cables on turbines.

(11) Waste. All solid wastes, whether generated from supplies, equipment parts, packaging, operation, or maintenance of the WECS, including old parts and equipment, shall be removed from the site immediately and disposed of in an appropriate manner. All hazardous waste generated by the operation and maintenance of the WECS, including but not limited to lubricating materials, shall be removed from the site immediately and disposed of in a manner consistent with all local, state, and federal rules and regulations.

(12) Noise levels. The noise level measured at the property line of the property on which the project has been installed shall not exceed 55 decibels.

(13) Liability insurance. The owner or operator of the project shall maintain a current insurance policy with a bond rating acceptable to the Village to cover installation and operation of the project and provide proof to the village. The amount of the policy shall be established as a condition of conditional use permit approval. For a private WECS project accessory to a principal residence, proof of homeowner’s insurance with specific coverage of at least $1,000,000 general liability for the WECS shall satisfy this requirement.

(14) Performance guarantee required. In the interest of insuring compliance with these provisions the applicant shall deposit a performance guarantee for a conditional use as set forth in § 151.026.

(E) Additional standards for private wind energy systems.

(1) Utility notification. No project shall be installed until written evidence has been provided to the village that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(2) Signage and color. No project shall display visible signage, such as advertisements, on its face and should be painted a neutral grey, white or light blue. Other neutral colors may be approved by the Zoning Administrator.

(3) Shadow flicker. At the discretion of the Zoning Administrator the applicant shall submit a copy of a shadow flicker analysis at the property line to identify the locations of shadow flicker that may be caused by the project and it shall also identify problem areas where shadow flicker may affect adjacent parcels and show measures that shall be taken to eliminate or mitigate the problems.

(4) Guy wire safety. If the system is supported by guy wires, the wires shall be visible to a height of a least 6 feet above the guy wire anchors.

(5) Lightening protection. All towers shall have lightning protection.

(6) Lighting. Artificial lighting shall be at the discretion of the Zoning Administrator. Artificial lighting shall be discouraged unless required by the Federal Aviation Administration.

(7) Abandonment and removal. In the event a project which has been granted a conditional use permit or administrative approval is abandoned or unused for a period of 180 days, the owner of the system or land shall promptly remove system and all related equipment. Failure to remove the system and related equipment in accordance with the foregoing shall subject the system and land owners to fines established by the Village Council. In addition, by accepting a conditional use permit for the system the applicant and the land owner agree that in the event the tower and equipment is not removed as required, after 30 days’ notice from the village, the village shall undertake such removal and bill the costs to the applicant and the land owner plus administrative fees of 15% which, if not paid within 30 days shall be assessed against the land on which the system and related equipment is located and collected in the same manner as delinquent taxes. In addition, the village can pursue any other relief to which it is entitled to by law.

(F) Additional standards for commercial WECS projects. The following additional standards shall apply to all commercial wind energy conversion systems in Manchester Village:

(1) Color. Towers and blades shall be painted any neutral color that is acceptable to Manchester Village or otherwise required by law.

(2) Compliance with FAA. It shall be the responsibility of the person in charge of the project to complete the proper FAA applications and obtain the proper permits for the project. It shall also be the responsibility of the person in charge of the project to obtain a determination of no significant impact to air navigation from the FAA.

(3) Warning. A visible warning sign of “High Voltage” may be required to be placed at the base of all projects. The sign must have at a minimum six-inch letters with 3/4-inch stroke. Such signs shall be located a maximum of 300 feet apart and at all points of site ingress and egress.

(4) Annual inspection. Every project must be inspected annually by an authorized factory representative or professional engineer to certify that it is in good working condition and not a hazard to the public. Such records shall be submitted to Manchester Village and considered a part of the continuing conditional use permit.

(5) Compliance with additional regulations. It shall be the responsibility of the person in charge of the project to contact the FCC and FAA regarding additional permits necessary or any other applicable federal or state regulations for the installation, prior to the Manchester Village granting a conditional use permit.

(6) Migratory birds. The village may require an avian study conducted to determine any potential impacts the project may present to migratory birds. The study as part of the conditional use permit must provide assurances that the project does not negatively affect the path of migratory birds.

(7) Decommissioning plan and escrow.

(a) The project must contain a decommissioning plan to ensure it is properly decommissioned upon the end of the project life or facility abandonment. Facility abandonment shall mean out of production for a period of time not less than 1 year.

(b) Decommissioning shall include: removal of all structures (including transmission equipment and fencing) and debris to a depth of 4 feet, restoration of the soil, and restoration of vegetation within 6 months of the end of project life or facility abandonment.

(c) The decommissioning plan shall state how the facility will be decommissioned, the professional engineer’s estimated cost of decommissioning, the financial resources to be used to accomplish decommissioning, and the escrow agent with which the resources shall be deposited. The decommissioning plan shall also include an agreement between the applicant and the village that:

1. The financial resources for decommissioning shall be in the form of a surety bond, irrevocable bank letter of credit, or a cash surety that shall be deposited in an escrow account with an escrow agent acceptable to Manchester Village.

2. The village shall have access to the escrow account funds for the expressed purpose of completing decommissioning if decommissioning is not completed by the applicant within 6 months of the end of project life or facility abandonment.

3. The village is granted the right of entry onto the site, pursuant to reasonable notice, to effect or complete decommissioning.

4. The village is granted the right to seek injunctive relief to effect or complete decommissioning, as well as the village’s right to seek reimbursement from applicant or applicant’s successor in interest for decommissioning costs in excess of the amount of the surety and to file a lien against any real estate owned by applicant or applicant's successor or in which they have an interest for the amount of the excess, and to take all steps allowed by law to enforce said lien. Applicant shall consent to lien rights of the village to recover excess costs as part of conditional use approval for the WECS.

(Ord. 279, passed 9-19-2011)

§ 151.089 MEDICAL MARIJUANA HOME OCCUPATION.

(A) Generally. The possession, use, and cultivation of medical marijuana by a caregiver shall only be permitted in the Village of Manchester if such possession, use, and cultivation is in accordance with the Act and the requirements of this section. All other use, possession, and cultivation is prohibited.

(B) Home occupation permit required. The cultivation of medical marijuana within the Village of Manchester requires a medical marijuana home occupation permit under this section. The medical marijuana home occupation permit may be applied for in R-1A, R-1B, R-2, and R-3 Districts subject to the standards set forth in § 151.074 (Home occupations) and this section.

(1) Patient limitation. No more than 2 qualifying patients shall be on the premises at any 1 time where a valid medical marijuana home occupation permit has been secured.

(2) Exterior alterations. Home occupations shall not require exterior alterations or involve construction features not customary in dwellings, or require the use of mechanical or electrical equipment which creates a nuisance to the adjacent neighborhood.

(3) Interior alterations. Any permanent structural alterations to the interior of the dwelling unit for purposes of conducting the home occupation which would render it unsuitable for residential use shall be prohibited.

(4) Outdoor storage. There shall be no outdoor storage of items supportive of the home occupation.

(5) Not more than 5 qualifying patients shall be assisted with the medical use of marijuana within any given calendar week.

(6) All medical marijuana shall be contained within the main building in an enclosed, locked facility inaccessible on all sides and equipped with locks or other security devices that permit access only by the registered primary caregiver, as reviewed and approved by the Village Police Department.

(7) All necessary building, electrical, plumbing, and mechanical permits shall be obtained for any portion of the residential structure in which electrical wiring, lighting and/or watering devices that support the cultivation, growing or harvesting of marijuana are located.

(8) If a room with windows is utilized as a growing location, any lighting methods that exceed usual residential periods between the hours of 11:00 p.m. to 7:00 a.m. shall employ shielding methods, without alteration to the exterior of the residence, to prevent ambient light spillage that may create a distraction for adjacent residential properties.

(9) That portion of the residential structure where energy usage and heat exceeds typical residential use, such as a grow room, and the storage of any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the Manchester Area Fire Department to insure compliance with the Michigan Fire Protection Code.

(10) The medical use of marijuana shall comply at all times and in all circumstances with the Michigan Medical Marijuana Act and the General Rules of the Michigan Department of Community Health adopted pursuant to the Act as they may be amended from time to time.

(11) A parcel of land for which a permit is issued under this section must be located outside of a 1,000-foot radius from any school, including child care or day care facility, to insure community compliance with federal “Drug-Free School Zone” requirements.

(12) A parcel of land for which a permit is issued under this section must be located outside of a 1,000-foot radius from any other registered primary caregiver.

(13) Not more than 1 primary caregiver shall be permitted to service qualifying patients on a parcel.

(14) Permits are non-transferable and shall only apply to the person listed on the permit.

(15) Permits shall be valid for a period of 1 year, and may be renewed if the home occupation is in compliance with the Act, the General Rules adopted pursuant to the Act, and the provisions of this chapter.

(D) Rights acquired. A registered primary caregiver who is in compliance with the Act, the General Rules adopted pursuant to the Act, and the requirements of this chapter, may obtain a medical marijuana home occupation permit under this chapter. Nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marijuana not in strict compliance with that Act and the General Rules. Also, since federal law is not affected by that Act or the General Rules, nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law. The Michigan Medical Marijuana Act does not protect users, caregivers, or the owners of properties on which the medical use of marijuana is occurring from federal prosecution, or from having their property seized by federal authorities under the Federal Controlled Substances Act.

(Ord. 282, passed 2-6-2012)

§ 151.090 TEMPORARY PORTABLE STORAGE CONTAINERS.

(A) Temporary portable storage containers may be permitted in all zoning districts subject to the following regulations:

(1) A portable storage container shall be permitted subject to the validation of an active building permit.

(2) In agricultural and residential zoning districts, no more than one temporary portable storage container may be permitted on a property at one time. In commercial and industrial zoning districts, no more than two temporary portable storage containers may be permitted on a property at one time.

(3) A portable storage container shall not be utilized for or contain habitable space.

(4) Temporary portable storage containers may not be located in an area that would interfere with vehicular or pedestrian circulation or cause reduced visibility at street intersections.

(5) A temporary portable storage container may be utilized as a detached accessory structure incidental to a principal structure, subject to the following additional standards:

(a) A temporary portable storage container shall be located within the rear yard and shall be set back at least ten feet from side and rear property lines and at least ten feet from the principal structure.

(b) An individual temporary portable storage container shall not exceed 200 square feet in area and 8.5 feet in height.

(c) The exterior appearance of all temporary portable storage containers shall be maintained and absent of all rust, holes, and any other evidence of aging or wear.

(d) A temporary portable storage container may be placed on a paved or gravel off-street surface in the front yard. In all cases, temporary portable storage containers shall be set back at least 20 feet from the front property line and ten feet from the side or rear property line.

(e) The use of not more than one temporary portable storage container is permitted for not more than 60 continuous or separate days. One time extension shall be permitted beyond the initial 60 days contingent on Village Council approval.

(f) A temporary portable storage container may be placed on a property with an active building permit and must be removed no later than 12 days after the issuance of a certificate of occupancy or the completion of construction.

(B) The Zoning Administrator may authorize time to utilize temporary portable storage containers based upon reasonable storage needs and construction needs upon the written request of the applicant, but in no case shall the Zoning Administrator allow such storage containers on properties without active building permits for greater than four months.

(Ord. 300, passed 8-5-2019) Penalty, see § 151.999