It is the intent of this article to specify landscape requirements and to provide for landscape techniques to achieve compatibility between abutting and adjacent land uses, including public and private streets. The landscape regulations in this article are further intended to:

A.

Promote the public health, safety and general welfare by reducing noise, air, and visual pollution, air temperature, and light glare.

B.

Minimize the adverse effects of certain outdoor activities upon their surroundings.

C.

Prevent soil erosion.

D.

Improve the appearance of parking areas, vehicular-use areas, and property abutting public rights-of-way.

E.

Improve the aesthetics and safety on sidewalks.

F.

Provide screening between incompatible land uses and protect residential privacy.

A.

Design. Fences, walls, and screening are subject to the following regulations:

1.

The erection, construction or alteration of any fence, wall, or privacy screen as defined herein, shall be constructed to meet all relevant codes.

2.

Fences with barbed wire or concertina wire are only permitted in the ID Industrial District. Fences with electrical current are permitted only in the ID Industrial District.

3.

Fences shall be made of ornamental metal, rot-resistant wood, or other high-quality, durable materials. The finished side of a fence or wall shall face outward toward abutting lots and rights-of-way. Chain link fence material is not permitted in a front yard unless otherwise permitted in this Section. A fence is not considered a wall.

4.

Walls shall be made of masonry, decorative block, poured concrete, brick, stone or other high-quality, appropriate material. The material used shall be compatible with material used in the construction of the main building, as determined by the Zoning Administrator.

B.

Placement.

1.

Fences, walls, and screens shall be outside of the public right-of-way and set back at least one (1) foot from the right-of-way line. Fences may otherwise be on the property line.

2.

The footings of a wall cannot encroach on other properties or within the right-of-way.

3.

Where underground utilities interfere with the placement of the wall or fence at the property line, in which case the fence or wall shall be placed on the utility easement line nearest the property line.

4.

Fences, walls, and screens shall be located in accordance with Section 3.05, Clear Vision Areas.

5.

For waterfront lots, fences in the rear yard can be located no closer than thirty (30) feet from the highwater mark, as determined by the Zoning Administrator.

C.

Height.

1.

Measurement. The height of the fence or the wall shall be measured from the lowest ground level elevation up to a distance of three (3) feet from each side of the wall or fence to the top of the fence or wall. Posts may extend a maximum of six (6) inches above the fence.

2.

Front Yard. Open fences (decorative metal, chain link) shall not be taller than four (4) feet in a required front yard. Solid fences and walls shall not be higher than two (2) feet in a required front yard.

3.

Side and Rear Yards. Fences and walls cannot be higher than six (6) feet in required side or rear yards within residential districts except as allowed below.

4.

Fences that enclose school grounds, playgrounds, tennis courts or other public areas may be erected to a height in excess of eight (8) feet.

5.

Fences on parcels located in the ID District may be up to ten (10) feet in height.

D.

Maintenance. Walls and fences shall be maintained in good repair and in safe and attractive condition, including but not limited to replacement of missing, decayed or broken structural and decorative elements with the same materials and removal of graffiti.

E.

Permits. All fences and walls higher than thirty (30) inches shall require a zoning permit.

A.

Applicability. The landscaping standards of this Article shall apply to all new development and redevelopment, unless otherwise exempted in this Ordinance.

B.

Expansions or Enlargements. An addition to a building or expansion of a use on an existing site shall not be required to come into compliance with this article unless one (1) of the following conditions is met:

1.

The gross floor area of an existing structure is expanded by twenty-five (25) percent or more; or

2.

There is a change of use of the existing building that requires an increase of off-street parking by twenty-five (25) percent or more; or

3.

Any expansion or enlargement of a structure or land use that requires a Special Land Use Permit.

C.

Site Improvements. These landscaping standards shall apply when major parking area improvements are made including reconfiguring, reconstructing, or other similar projects. Resurfacing and re-striping projects are not considered major improvements.

D.

Exemptions. Individual single-family or two-family residential uses that are not part of a new subdivision are exempt from these requirements.

E.

Requirements. The minimum percentage of site area to be landscaped is as follows:

1.

Residential Zone Districts: Twenty-five (25) percent.

2.

Mixed-Use Commercial Zone District: Fifteen (15) percent.

3.

Industrial Zone District: Fifteen (15) percent.

F.

Parking Lot Landscaping Islands. Landscaped islands and/or rain gardens shall be provided in parking areas along the ends of parking rows, adjacent to lot lines, and used to define the location and pattern of primary internal access drives.

1.

Residential Zone Districts. In Residential Zone Districts, landscaped islands and/or rain gardens shall be used to separate rows of more than six (6) parking spaces.

2.

Commercial and Industrial Zone Districts. In all Commercial and Industrial Zone Districts, landscaped islands and/or rain gardens shall be used to separate rows of more than twelve (12) parking spaces.

3.

Curb Design. Internal landscape areas shall be curbed for protection of the landscape materials, but planted areas shall be installed at a lower grade than the parking lot pavement, and curbing shall allow drainage from the pavement to enter and percolate through the landscaped areas.

G.

Recommended Plantings. Trees, plants, shrubs, flowers and other landscaping features should be identified as native by a local or state institution, such as the Michigan State University Extension. It is recommended that turfgrass be a low-maintenance cultivar, such as tall fescue.

H.

Minimum Installation Standards. Selected plants shall meet the following minimum standards:

1.

A minimum of seventy-five (75) percent of plant species on a development site shall be native species;

2.

All required trees shall be a minimum of eight (8) feet high at planting; and

3.

All required shrubs shall be a minimum of two (2) feet high at planting.

I.

Grades, Elevation Differentials, and Retaining Walls. The grading of all building lots shall be such so as to divert water away from buildings and to prevent standing water and soil saturation detrimental to structures, lot use, and surrounding property. However, water should not be diverted to adjacent properties.

A.

Purpose and Intent. Landscape buffers shall be used where non-residential activities or intense household or group living situations would affect an existing residential use with glare, noise, or exhaust, or where the effect of incompatible uses or proportionately different structures cannot be mitigated through building design or transitional features.

B.

Applicability. Landscape buffers are required in the following circumstances or as may otherwise be required by this Ordinance:

1.

Where a parking lot, non-residential driveway, or drive-through facility is adjacent to a residential use, public park, recreation facility, or open space.

2.

Where a twenty-four (24)-hour non-residential use of property is adjacent to a residential use, regardless of Zone District.

3.

When required as a condition of approval for a zoning approval required by this Ordinance.

C.

Location. The landscape buffer shall be located in the rear and side yards on the subject property extending from the lot line.

D.

Minimum Conflicting Land Use Buffer Standards.

1.

Minimum Buffer Width.

b.

Side yard: Ten (10) feet.

c.

Rear yard: Ten (10) feet.

2.

Types of Plant Material Per fifty (50) Linear Feet.

a.

Trees: Three (3).

b.

Shrubs: Fifteen (15).

3.

Plant Material Specifications.

a.

Species composition of trees shall include at least forty (40) percent large maturing deciduous canopy trees and at least forty (40) percent large maturing evergreen varieties, except where the Zoning Administrator approves other species and tree sizes based on site factors that physically prevent the larger sizes, such as existing overhead utilities.

b.

At least seventy-five (75) percent of all shrubs shall be evergreen or a dense variety of deciduous bush that provides year-round screening.

c.

The Zoning Administrator may determine that additional landscaping is required in the landscape buffer to ensure that any unusual adverse effects of the more intense use require additional mitigation.

4.

For parking lots, the requirements of Section 8.03 shall also apply.

E.

Reduction in Buffer Requirements.

1.

The minimum width of a required buffer may be reduced by up to one-third (⅓) with the installation of a six (6)-foot high solid wall or fence along the lot line.

2.

If a required perimeter landscape buffer abuts a public alley, then up to one-half (½) of the alley width may be credited towards the minimum width requirement.

3.

Administrative Departure. If the land use relationships between two (2) abutting lots are such that a lesser buffer would be acceptable, the minimum width of the required buffer may be reduced as an Administrative Departure.

F.

Development within Landscape Buffer.

1.

Sidewalks, trails, bike paths, and stormwater management facilities are permitted within a landscape buffer provided they do not interfere with the performance and maintenance of the buffer area.

2.

The required buffer shall not contain any development, vehicle storage, dumpsters, outdoor storage, or site features that do not meet the requirements of this Section.

A.

Applicability. The requirements of this Section shall apply to all properties using a receptacle, other than a residential waste container, that is used for the purpose of waste removal, recycling, or reuse of household waste, household goods, clothing, or similar materials.

B.

Enclosure. All outdoor waste, recycling and compost receptacles, including grease barrels, shall be enclosed on three (3) sides and screened. The fourth side of the enclosure shall consist of a gate, made of wood, vinyl, or other high-quality material, as determined by the Zoning Administrator. If the waste receptacle is a dumpster, it shall have an enclosing lid or cover which shall remain closed when not in use.

C.

Materials. The enclosure shall be constructed of brick or decorative textured block wall and be consistent with the building materials of the main building. Steel or concrete bollards shall be installed to assist in the positioning of dumpsters and to protect the enclosure.

D.

Size. The waste receptacle base shall be at least nine (9) feet by six (6) feet in area, constructed on six (6) inches of reinforced concrete pavement. The base shall extend six (6) feet beyond the waste receptacle pad or gate to support the front axle of a refuse vehicle. The enclosure shall have a minimum height of six (6) feet or one (1) foot above the height of the waste receptacle, whichever is greater.

E.

Placement.

1.

Waste receptacles and enclosures shall be placed a minimum of twenty (20) feet from an adjacent residential use.

2.

Waste receptacles and enclosures shall not be placed in the front yard.

F.

Administrative Departure. An Administrative Departure for enclosure materials and the placement of an enclosure may be granted. In granting a waiver from the placement requirements, the Zoning Administrator shall take into consideration the proximity of adjacent residential structures, topography, natural features, existing screening or other barriers, and operational requirements for trash removal that would mitigate potentially adverse effects.

A.

Applicability. The requirements of this Section shall apply to all properties featuring an outside air conditioning unit within their front yard or side yard.

B.

Enclosure and Size. All air conditioning units located within the front yard or side yard shall be screened on at least one (1) side to avoid visibility from the road. The screen shall be at least one (1) foot taller than the air conditioning unit.

C.

Materials. The screen shall be constructed of either of the following:

1.

A wall constructed of masonry, decorative block, poured concrete, brick, stone or other high-quality, appropriate material. The material used shall be compatible with the material used in construction of the main building.

2.

Dense landscape features, such as hedges and closely spaced bushes or other plant materials.