Negaunee City Zoning Code
SUPPLEMENTARY REGULATIONS
§ 156.160 RIGHT TO LIGHT.
(A) No person, firm or corporation shall build any structure in any single-family, two-family, or rural residential zone in the city without complying with all of the provisions of this section.
(B) No person, firm or corporation shall build or place any structure taller than the height set forth in the applicable zoning district, unless the structure comes within the exceptions set forth in division (C) below.
(C) An applicant must obtain approval from the Planning Commission for a building higher than the limitation set forth in division (B) above, where the applicant can show any one of the following conditions.
(1) There is an existing principal residence building on an adjacent lot and the roof of the building will not be shaded by the building for more than one hour in any day at any time of the year, except one hour after sunrise and one hour before sunset.
(2) There is an adjacent lot with no principal residence building and the proposed building will not shade any part of the lot on which the building is permitted by law and by applicable restrictions on the real estate, at a height of 18 feet, for more than one hour in any day at any time of the year, except one hour after sunrise and one hour before sunset.
(3) The adjacent lot is zoned for commercial or industrial purposes and is not in use for residential purposes.
(D) New subdivisions may be designed with innovative ways of preventing shading of residential buildings. Any design will be deemed to comply with the requirements of this section if that design results in no roof of any residence building being shaded for more than one hour in any day at any time of year, except one hour after sunrise and one hour before sunset.
(Prior Code, § 1286.01) (Ord. passed 11-12-2009)
§ 156.161 HEIGHT EXPECTATIONS.
Chimneys, cooling towers, elevators, windmills, penthouses, stacks, towers, shaft houses, tanks, monuments, cupolas, and mechanical appurtenances pertaining to or necessary to a permitted use in the district in which they are located shall not be included in calculating the height of the principal structure.
(Prior Code, § 1286.02) (Ord. passed 11-12-2009)
§ 156.162 EXTERNAL WOOD AND SOLID FUEL BURNING BOILERS.
(A) It is the intent of this section to safeguard the health, comfort, living conditions, safety, and welfare of the citizens by regulating the air pollution and fire hazards of outdoor wood, and solid fuel burning boilers.
(B) Stand-alone wood and solid fuel fired heating/boiler systems shall conform to the following requirements:
(1) Minimum setback of 50 feet from all lot lines;
(2) Minimum lot size of two acres;
(3) Minimum chimney height of 15 feet, measured from grade to chimney top;
(4) Associated wood or solid fuel storage and stove shall be located in rear of lot; and
(5) Installation and use shall be as per manufacturer’s requirements, except as noted above.
(Prior Code, § 1286.04) (Ord. passed 11-12-2009)
§ 156.163 WIRELESS COMMUNICATIONS FACILITIES.
(A) It is the intent of this section to recognize that the city has a clear and identifiable interest in accommodating the communication needs of residents and businesses but also has an interest in regulating highly visible structures such as large, high communication towers. It is the city’s interest, also, to induce, to the extent reasonable, cooperative use and collocation of such towers and their associated facilities and structures.
(B) Wireless communication facilities located by special land use permit in the R-1, R-2, RR, B-1, B-2, I, M, and PA Districts are subject to the following qualifying conditions and/or regulations and to the considerations of §§ 156.065 and 156.066.
(1) The height of the wireless communication facility shall not exceed 175 feet from the ground to the highest point of the facility.
(2) All sites must contain a minimum area sufficient to contain the wireless communication facility and all related accessory uses.
(a) If the property is undeveloped or occupied by a non-residential use, it must have a minimum area of two and one-half acres.
(b) If the property is occupied by a residential use, it must have a minimum area of 20 acres.
(3) The site shall have legal documented access to a public road.
(4) Any wireless communication tower must be set back from all property lines a distance equal to its height, unless engineering plans and specifications have been certified by a licensed mechanical, civil, professional engineer or architect, or other engineer licensed and competent in assessing the structural integrity of such towers, verifying a safe fall zone. All towers shall be certified by licensed engineer to verify that the structural design will meet federal standards to withstand wind speeds and icing under 100-year event conditions in the area.
(5) Accessory structures shall not exceed a total of 600 square feet of gross building area.
(6) No wireless communication facility shall be approved unless the applicant is able to establish in writing that any existing tower, structure, or facility is not available for co-utilization based upon technical inadequacy or lack of capacity, unreasonable or prohibitive cost, denial by owner, or other practical impediment to use or access.
(7) There shall not be displayed on the wireless communication facility advertising or identification of any kind intended to be visible from the ground or other structures, except as required for emergency purposes.
(8) The wireless communication facility shall be maintained in a predominant color, coating, or material which matches the exterior surroundings. The predominant color scheme shall be designed to minimize off-site visibility of the structure.
(9) All wireless communication facilities must comply with the standards of the Federal Aviation Administration, the Federal Communications Commission, and the airport zoning ordinance for the county and all applicable state or local codes.
(10) Any wireless communication tower or antenna that is not operated for continuous period of 12 months shall be considered abandoned and the owner of such tower or antenna shall remove the same within 90 days of receiving an abandonment notification from the city. Failure to remove an abandoned tower or antenna within 90 days shall be grounds for the city to remove the tower or antenna at the owner’s expense. The Planning Commission may require the applicant to post a bond in an amount equal to the reasonable cost of removal for the tower and/or antenna. If a bond is to be required, the Planning Commission shall include the requirement as a condition of approval.
(11) Minimum spacing between wireless communication facilities containing one or more towers shall be one mile in order to prevent a concentration of facilities in one area.
(12) Wireless communication facilities shall not be artificially lighted unless required by the Federal Aviation Administration.
(13) The base of any tower and any cable supports shall be fenced with a minimum six- foot high security fence and all fencing shall be screened with landscaping. Accessory structures shall match the construction characteristics of other existing buildings in the surrounding area.
(14) All wireless communication facilities shall be inspected after being constructed and then once every three years for compliance with all ordinance, structural, and operational requirements and shall be certified as in compliance by a licensed mechanical, civil, professional engineer or architect, or other engineer licensed and competent in assessing the structural integrity of such towers, and said certification shall be submitted to the city.
(15) The Planning Commission may require additional setback distances as part of a special land use permit approval or for towers located within 1,000 feet of property zoned for residential use.
(Prior Code, § 1286.05) (Ord. passed 11-12-2009)
§ 156.164 FENCES, WALLS, AND HEDGES.
(A) Fences, walls, and hedges are permitted in any zoning district provided that they comply with the following requirements and restrictions.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FENCE. Any partition, structure, wall, retaining wall, or gate erected as a dividing marker, barrier, or enclosure, including hedges, encircling either wholly or any portion of any area, or within or along the bounds of any portion of a lot or parcel.
HEIGHT. The distance from the grade to the top of the highest point of the fence at any given point along the fence.
PROTECTIVE MEASURES FENCE. A fence erected for the express purpose of protecting an enclosed area and the property therein, or a fence intended to deny access to a dangerous property or location.
(C) Any fence, wall, or hedge must be completely contained inside the owner’s property line, with a finished side facing the abutting property. Adjoining property owners may enter into an agreement, which may be recorded at the Register of Deeds, to place a fence on the lot line and provide an easement for fence maintenance.
(D) Fences or walls on all lots in all Residential Zoning Districts which enclose property and/or are within a required side or rear yard, shall not exceed eight feet in height, measured from the surface of the ground and shall not extend toward the front of the lot nearer than the front of the house or the minimum required front yard set-back, whichever is greater. Fences up to four feet in height may be erected from the front edge of the dwelling to within two feet of the sidewalk (or of the right-of-way line if there is no sidewalk), unless the fence is of chain-link, split-rail, or other “see through” material, in which case it may be up to six feet in height. Fences, walls, or hedges shall be placed so that they are contained at least five feet from the right-of-way line of an alley.
(E) No property owner shall allow a hedge, fence or other material to intrude into the public sidewalk space, over the lot line, or into the street right-of-way, in the space from the ground to eight feet above the ground, nor to block clear sight lines of vehicles on streets and driveways.
(F) Fences shall be constructed such that posts and framework are on the interior or fence owner’s side of the fence and so that the sheeting or face of the exterior, as seen from the adjoining properties or street, is the more presentable and attractive side of the fence.
(G) All fences shall be maintained in good condition, including, but not limited to paint, stain, repair of damaged portions, rusted metal, holes, loose components, and sagging.
(H) Fences must be maintained so as not to endanger life or property. Any fence which through lack of repair, type of construction, or otherwise, imperils life or property, shall be deemed to be a nuisance.
(I) Requirements in this section for fences, walls, and hedges are not intended to restrict landscaping features that exist or may be planted as a part of the beautification of any premises provided such planting does not obstruct the vision of drivers on streets or driveways nor interfere with clear sight lines at corners or adjacent driveways and does not obstruct natural light and air on adjacent premises.
(J) Any violation of the provisions of this section is hereby declared to be a public nuisance which may be enjoined or abated and may subject the violator to civil damages, fines, and penalties, including the costs of abatement, as provided in the city’s nuisance ordinance. The city specifically reserves the right to contract for the removal and clean-up of nuisance fencing, walls, or hedges and to assess the cost thereof to the property owner. In the event that said cost remains unpaid for more than 30 days, it shall be spread upon the tax roll in the manner prescribed for utility arrears and the city shall have all other rights of collection allowed under state law.
(K) All swimming pools shall be fenced in compliance with the state’s Building Codes.
(L) Fences containing barbed wire, concertina, or similar wire, shall not be allowed in any district, except that barbed wire which is part of a protective measures fence approved pursuant to this subchapter will be allowed according to the conditions under which it is approved. Electrified fences may be allowed only in the Rural Residential District for the purpose of containing animals provided that proper signage is maintained.
(M) A protective measures fence shall not be allowable in Residential Districts and shall constitute a special use in all Non-Residential Districts. A protective measures fence may only be constructed pursuant to a finding by the Planning Commission of a need for such fence. In approving such a fence, the Planning Commission shall determine that the definition of protective measure fence is met and there is no reasonable alternative to the erection of the fence. The owner of a protective measures fence may be granted permission to erect necessary and reasonable barriers along the uppermost edge of such fence including barbed wire. The applicant may appeal a denial or conditions of an approval by the Planning Commission to the Zoning Board of Appeals.
(N) A fence site plan review is required for all fences in Residential Zones (R-1, R-2, RR), said fence site plan review will require a fee as set by City Council.
(O) Fences or walls on all lots in all Business Zoning Districts shall not exceed eight feet in height without approval of the Planning Commission.
(Prior Code, § 1286.07) (Ord. passed 7-9-2020)