The intent of the environmental provisions is to preserve the quality and character of the city's environment by regulating man-made development and by preserving existing environmental amenities. The requirements of this article are designed to achieve the following objectives:

(1)

Uphold the city's right and duty to protect its natural resources and amenities, as established within the State Constitution and the enabling legislature.

(2)

To enhance the visual quality of the city, while preserving and/or enhancing each individual property's economic value.

(3)

To protect adjacent property owners, persons passing by, and the city from activities and/or negative impacts created by development.

a.

Reduce or eliminate glare into and from adjacent sites and activities.

b.

Reduce or eliminate debris, dust and other pollutants from the air.

c.

Control noise and provide acoustical modification into and from adjacent sites.

d.

Control the direction and velocity of surface water runoff and minimize soil erosion.

e.

Minimize visibility of undesirable elements contained within the site.

(4)

Recognizing the above-cited benefits of the natural environment, it is important to integrate these features into development to improve the community's environmental qualities and to enhance the visual character of the built environment.

(Ord. No. 158, § 9.00, 9-22-2008)

(a)

Screening shall be required between different zoning districts and uses according to the requirements of this section of this chapter. The type of screening required in different situations is based on one of two impact rankings: (1) minor, or (2) major.

(b)

Where screening is required, only one adjoining use shall be responsible for its installation, except as noted herein. This use shall be referred to as the "use providing screening." The other less intense use shall be the "protected use." In instances where a protected use is developed adjacent to and after the use which is intended to provide the screening, the protected use shall provide the required screening.

(c)

To determine the appropriate level of impact, refer to the adjoining zoning districts on the following schedule of screening requirements. The level of impact is indicated where both uses interface. Specific requirements for screening improvements are described in the following subsections (1)—(3). If the planning commission determines that more intense and/or compatible screening is necessary due to the nature of the proposed use and/or the nature of the protected use, it may require additional and/or alternative screening methods. These requirements are in addition to specific screening requirements set forth elsewhere in this chapter. The planning commission may waive the following screening requirements for a portion of the site where the building setback does not provide adequate space to install a required greenbelt or the planning commission may vary the following planting requirements for a portion of the site where a more comparable scenario is proposed.

(1)

Screening requirements for each intensity/impact classification.

a.

Minor. The purpose of screening in this situation is to soften the impact of one land use on another. This creates an impression of space separation without necessarily eliminating visual contact. Screening intended to satisfy these objectives shall conform to the following standards:

1.

Five-foot wide greenbelt (minimum).

2.

Within greenbelt, either: a) eight-foot high columnar evergreens planted at intervals not exceeding 20 feet on center and/or three-inch caliper deciduous trees planted at intervals not exceeding 30 feet on center; or b) a six-foot high wall meeting the requirements of section 60-182(2)a. below.

3.

Whenever a wall is not proposed, a minimum of five shrubs per thirty lineal feet shall also be planted in the greenbelt, and they shall have an average height of three feet. If evergreens are utilized as the primary screening device, deciduous shrubs shall be utilized. If deciduous trees are utilized as the primary screening device, evergreen shrubs shall be utilized.

4.

In Industrial districts, when industrial uses abut industrial uses, a wall or plantings shall not be required within the greenbelt between the similar uses. Screening of outdoor storage shall be required. If there is a side yard to side yard relationship between industrial uses in the industrial districts, no greenbelt shall be required.

b.

Major. In instances where major impacts occur, the required screening is intended to block the view of obtrusive or undesirable visual elements, exclude all contact between such uses, provide protection from noise and blowing debris, and create a strong impression of spatial separation. Major screen requirements between the CB and BT district and a residential use shall be waived if the properties are separated by a public right-of-way or alley. Screening in all other situations shall conform to at least one of the two minimum standards options listed below:

1.

Major option 1. A minimum buffer zone of ten feet shall be maintained between the protected use and the more intense use. The buffer zone shall be developed with a six-foot high continuous, decorative masonry wall.

i.

One deciduous tree, not less than two and one-half-inch caliper, shall be planted within the greenbelt for every 20 lineal feet.

ii.

Additional low-level plant material shall be required along the entire length of the wall to provide continuous coverage. All such plantings shall meet the height and spacing requirements specified herein.

2.

Major option 2. A minimum buffer zone of 15 feet shall be maintained between the protected use and the more intense use. In addition, provide two continuous rows of evergreens (spruce or pine), measuring at least eight feet in height, evenly staggered, with each row planted at intervals not exceeding 20 feet on center.

(2)

Other screening specifications.

a.

Walls. Whenever a wall is used in conjunction with the previously mentioned screening requirements, it shall be constructed according to the following specifications:

1.

Walls shall be constructed of reinforced protective decorative face brick (same as building), decorative poured reinforced concrete (to match building), or similar decorative building material determined to be acceptable by the planning commission. The color of brick or facing shall be compatible with brick used on the site and shall be durable, weather resistant, and easy to maintain.

2.

Walls shall be placed on the subject property with the outer edge of the wall located on the property line. Walls shall have no openings for vehicular traffic, unless providing vehicular cross-access as approved by the planning commission.

3.

The wall shall be constructed to meet all building and engineering requirements of the city.

4.

No such wall shall be painted, nor shall it be constructed of exposed concrete block, cinder block, or wood products.

5.

Unless otherwise expressly directed by the provisions of this chapter, all protective walls or greenbelts shall be provided when required along, and immediately joining, the zoning district boundary line and/or property line and shall be installed so as to lie wholly on the land of the applicant seeking site plan approval. In instances where drains, trees or other obstacles preclude such location, the planning commission shall determine the most appropriate alternative location.

6.

All walls or greenbelts required by this chapter shall be completely installed prior to the issuance of an occupancy permit for the use of the premises, except as provided hereinafter.

7.

In any case where the development of the land and/or buildings has been fully completed and an occupancy permit would otherwise be issued, and the completed installation of the wall, greenbelt and/or landscaping required is prevented by inclement weather or acts of nature beyond the control of the owner, the owner may receive a six-month temporary occupancy permit subject to the completion of all such landscaping, provided that a sufficient financial guarantee has been posted at the city by the applicant.

8.

Maintenance of the wall or any other substituted screening device shall be the responsibility of the property owner on whose property such wall or screen is located.

(3)

Schedule of screening requirements.

⁽¹⁾ In instances where a "protected use" is developed adjacent to and after the use which is intended to provide the screening, the "protected use" shall provide the required screening.

(Ord. No. 158, § 9.0, 9-22-2008; Ord. No. 216, § 6, 2-26-2018)

(a)

Intent. The intent of these requirements is to enhance the aesthetic appeal of the city; to promote public safety; to moderate heat, wind and other local climatic effects produced by parking lots; and to minimize nuisances, particularly noise and glare.

(b)

Parking lot greenbelt requirement. All parking areas in nonresidential zoning districts (BT, LC, GC, and CB) shall be setback a minimum of 15 feet from the right-of-way or road easement of all abutting roadways. In the IND districts, this shall be reduced to ten feet. The setback area shall be landscaped in a manner consistent with the intent of this article.

(c)

Interior parking lot landscaping. All unpaved areas between a building and a facing street shall be landscaped and maintained to include grass and/or placement of shrubbery. See the CB district for specific requirements in that district. All off-street parking areas shall incorporate and provide curbed tree planting spaces to be laid out square and constructed to provide not less than 126 square feet of land area for each tree planting. These curbed islands shall be planted with sod (landscape rock, gravel, or other similar material is prohibited). Curbed, landscaped islands shall be placed at the ends of all parking space groupings to separate the parking spaces from the maneuvering lanes and to provide for safe traffic flow. These planting areas shall not be less than seven feet in width. Trees shall be planted throughout the parking area. Trees shall be a minimum of two and one-half-inch caliper at the time of planting and shall be provided at a ratio of one tree for each six parking spaces or fraction thereof. These trees shall not be counted towards street frontage tree requirements. The following trees or similar types are suitable for parking lot and urban conditions:

(1)

White fir (only when clear vision is maintained).

(2)

Norway maple.

(3)

Tulip tree.

(4)

Ginkgo tree (male only).

(5)

Red oak.

(d)

Frontage landscaping. Large, deciduous street trees shall be provided within every zoning district. The trees shall be spaced evenly in a linear fashion along all road rights-of-way. One tree shall be planted for each 25 feet of road frontage and shall be planted five feet outside of the road right-of-way. This requirement may be waived in the CB and BT districts if street-facing setbacks do not permit such planting and planting within the road right-of-way is not feasible.

In the case of single-family residential development one street tree shall be required per lot or for every 40 feet of road frontage, whichever is greater.

The planning commission may approve plantings within the road right-of-way in instances where setbacks or other similar circumstances prevent the applicant from planting said trees outside of the public right-of-way. Where street trees are permitted to be planted within the road right-of-way, final approval of such plantings shall be granted by the City of New Baltimore. Plantings within the road right-of-way shall meet all requirements of the New Baltimore Trees, Shrubs and Plants Ordinance. In no way shall the plantings impair the clear vision triangle. The trees shall be a minimum of two and one-half-inch caliper at the time of planting. These trees may not be counted towards parking lot tree requirements.

(e)

Landscaping of buildings. Wherever a building is constructed which abuts a drive, service aisle, road, or other means of access or maneuvering, a minimum of seven feet of landscaped area shall be provided around the equivalent of three sides or 60 percent of the building. Landscaping shall not include walkways or paved service areas. One small deciduous tree (see the plant material size table in subsection 60-187(d)) shall be provided for every 20 feet of building length of such building. Modifications to this requirement may be made by the planning commission where it is determined that unique circumstances warrant such modification. This requirement shall not apply to the CB district.

(Ord. No. 158, § 9.02, 9-22-2008; Ord. No. 216, § 7, 2-26-2018)

(a)

The location of trash receptacles shall be indicated on a site plan. All such trash receptacles shall be located so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, site traffic circulation patterns, or any public right-of-way. Trash receptacles shall not be located within the front yard.

(b)

All trash receptacles shall be screened on three sides by durable masonry walls which are similar to, or compatible with, the exterior construction materials used elsewhere on site. The walls shall be constructed of either color impregnated poured concrete with a simulated brick pattern or decorative clay brick, the same as that used for the principle building. The dumpster enclosure shall not be painted. Further, the trash receptacle enclosure shall be complemented with evergreen plantings which provide a continuous screen. All trash receptacles shall be placed on an ten-by-12-foot concrete pad. Concrete or metal bollards shall be placed between the trash receptacle and the rear wall of the enclosure. The trash receptacle area shall be screened at the opening with a six-foot high metal framed wood screening gate.

(c)

The height of the masonry screening walls shall be six feet. The walls shall be maintained so as to remain structurally sound and neat in appearance. Trash receptacles shall be so located and arranged to minimize their visibility from adjacent streets and uses. All trash receptacles shall be located on site to be as accessible as possible without interfering with vehicular circulation patterns.

(Ord. No. 158, § 9.03, 9-22-2008)

Refrigeration equipment used for central air conditioning purposes and installed outside of residential dwellings and their attached structures shall not result in being a noise nuisance, and shall not be located in the front yard of the structure and shall be no less than two feet from the wall of the main structure. All such equipment shall maintain a minimum distance of three feet from the property line. Further, all such refrigeration equipment, wherever placed, must be properly screened from view and noise as required by the building department. Installation of any such equipment shall also comply with all other applicable provisions of this chapter, as amended.

(Ord. No. 158, § 9.04, 9-22-2008)

Roof-mounted appliances, including, but not limited to, air conditioners, heating apparatus, dust collectors, filters, transformers, and any other such appliance or apparatus, shall be enclosed on all sides by view-obscuring screening so as not to be visible from off the site. The design of the screening shall be approved by the planning commission as compatible with the architectural design of the building upon which it is located. Ground mounted appliances shall be screened using decorative landscaping, a decorative wall or wood screening fence, whichever the planning commission determines to be most appropriate.

(Ord. No. 158, § 9.05, 9-22-2008)

(a)

General requirements.

(1)

Whenever any yard (front, side or rear) is not designated for building, off-street parking, loading and unloading, storage, or other purpose within the terms and requirements of a given zoning district, it shall be landscaped with either approved natural materials or living plant materials which shall be maintained in an aesthetically pleasing condition.

(2)

All landscaped areas shall be protected from the encroachment of vehicles by concrete curbing or other suitable device. The installation of sprinklers shall be required to ensure the maintenance of all landscaped areas.

(3)

A detailed landscape plan for all unpaved areas shall be submitted to the planning commission, showing the names (common and botanical), location, spacing, planting size, planting and staking details of all plantings to be installed, and the location and types of all natural materials proposed to be included in the landscape treatment of the yard areas. This provision shall apply to all landscape yards, with the exception of single-family residential uses. This landscape plan shall be reviewed and approved by the planning commission.

(4)

Existing significant trees, tree stands, natural vegetation, and wild-life habitat shall be integrated into the site landscape plan to the maximum extent possible.

(5)

Undeveloped portions of the site shall be seeded, mowed and maintained.

(6)

Maintenance. The owner of the site shall maintain such landscaping in good condition so as to present a healthy, neat and orderly appearance, free from refuse and debris. All plant materials shall be continuously maintained in a sound, weed-free, healthy and vigorous growing condition and shall be kept free of plant diseases and insect pests. All unhealthy and dead material shall be replaced within one year or the next appropriate planting period, whichever comes first.

(7)

Quality. Plant and grass materials shall be of acceptable varieties and species, free of pests and diseases, hardy in Macomb County, and shall conform to standards of the American Association of Nurserymen and the city, and shall have passed any inspections required under state regulations.

(8)

No plant materials used to satisfy some or all planting requirements of this section shall be composed of nonliving materials.

(9)

Approved ground cover used in lieu of grass, in whole or in part, shall be planted in such a manner as to present a finished appearance and reasonably complete coverage after one complete growing season, with at least three plants per square foot.

(10)

Lawn grass. Grass areas shall be planted in species normally grown as permanent lawns in Macomb County. Grass may be plugged, sprigged, seeded or sodded, except that rolled sod, erosion reducing net or suitable mulch shall be used in swales or other areas subject to erosion. Grass, sod and seed shall be clean and free of weeds and noxious pests or diseases. Grass shall be maintained at a length no greater than six inches in height. The front yard of all single-family residences shall be seeded or sodded within six months of final occupancy.

(b)

Design objectives. The following general design objectives and criteria shall be considered in the evaluation of landscape plans:

(1)

Ample variety and quantity of ornamental plants, trees and shrubs should be provided. Variety should be achieved with respect to seasonal changes, species selected, texture, color and size at maturity.

(2)

Landscaping should be encouraged that will serve the functions of enhancing the visual environment, ensuring public safety, moderating the microclimate and minimizing nuisances.

(3)

Landscaping should serve to integrate the project with the site, with a particular sensitivity to the natural topography, drainage and existing native vegetation. It should enhance the architecture of surrounding structures, when possible, by being of similar scale.

(4)

Preservation of the existing landscape material and landforms is mandatory, particularly where mature trees are a part of the site.

(5)

Landscaping shall be protected from vehicular encroachment. Raised planting surfaces and the use of curbs are required.

(6)

The aesthetic and functional aspects of the proposed landscaping, both at installation and at maturity, shall be a paramount consideration in review and approval by the planning commission.

(c)

Prohibited materials. Where a landscape plan is required, the following plant materials are specifically prohibited:

(1)

Black Walnut.

(2)

Boxelder.

(3)

Catalpa.

(4)

Chinese or Siberian Elm.

(5)

Chokecherry.

(6)

Cottonwood.

(7)

Fruit-bearing Trees.

(8)

Horse Chestnut.

(9)

Green and White Ash.

(10)

Mulberry.

(11)

Ribes (Gooseberry).

(12)

Soft maple (red, silver).

(13)

Tree of Heaven.

(14)

Willow.

(15)

All thorned trees and shrubs.

(d)

Plant material species and size requirements. All proposed landscaped plantings shall meet the minimum size requirements specified in the plant material size table listed below:

(Ord. No. 158, § 9.06, 9-22-2008)

To ensure that landscape materials do not constitute a driving hazard, clear vision site triangles shall be established at all street intersections and at the intersection of site driveways and streets. No fence, wall, shrubbery, sign, or other obstruction to vision above a height of 36 inches from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines at a distance of 25 feet from their point of intersection. Internal parking lot landscaping improvements should be of an appropriate size, location, and species to avoid blocking the vision of drivers within the parking lot.

(Ord. No. 158, § 9.07, 9-22-2008)

Outdoor lighting in conjunction with any site plan or special land use approval in all use districts shall conform to the following requirements as to type, location and intensity.

(1)

All outdoor lighting used to light a specific site shall be shielded downward or below horizontal (maximum of 85 degrees from vertical) to reduce glare and shall be so arranged and designed to reflect light away from all adjacent residential districts or existing adjacent residences and public right of ways. No light shall cast a glare onto adjacent roadways.

(2)

Artificial light shall be stationary and constant in intensity and color at all times when in use. There shall be no flashing, oscillating, moving or intermittent type of lighting or illumination. In addition, there shall be no bare bulb illumination of any kind exposed to public view.

(3)

The lighting sources (bulbs or lenses) for non-residential properties, shall not be visible from adjoining properties or rights-of-way. In addition, the height of the non-residential lighting fixture, including the base, measured from the established grade shall not exceed 24 feet.

(4)

Carriage style and similar decorative lights which may have lighting sources which are not directed downward may be utilized in any district, however, such lights shall have internal shields to direct light downward and away from adjacent properties and roadways as necessary. The height of such lights shall not exceed 18 feet.

(5)

Lighting at any nonresidential drive and street intersection may be required upon planning commission determination. Fixtures located at an intersection shall be full cut-off fixtures. Such lighting shall not exceed an average of one footcandle. Lighting at major intersections shall not exceed an average of 1.4 footcandles.

(6)

Ground lighting (up-lighting) used for the purpose of illuminating signs, landscaping and architectural details shall be shielded away from public view, directed solely at the object to be lit and landscaped as necessary.

(7)

A ground level illumination plan (in footcandles) which demonstrates compliance with the standards of this chapter may be required for each site or development, as determined necessary by the planning commission.

(8)

Light poles shall be located within parking islands or at the boundary of the parking lot area. In instances where parking abuts such location, the light pole must be set back a minimum of 2½ feet to ensure proper overhang clearance.

(9)

The city standard light specification shall be provided along all major road frontages. The light may be required across road frontages of a lesser intensity where determined necessary by the planning commission.

(10)

The intensity of outdoor lighting in all use districts shall be limited to the following amounts:

  Schedule of Illumination

  (in footcandles measured at the surface)

(Ord. No. 158, § 9.08, 9-22-2008)