Whenever any provision of this Ordinance imposes more stringent requirements, regulations, restrictions or limitations that are imposed or required by the provisions of any other law or ordinance, this Ordinance shall govern.

(Ord. of 5-24-2021(2))

No building or structure, or part thereof, shall hereafter be erected, constructed, reconstructed, or altered and maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this Ordinance.

All street, lane and alley rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such street, lane and alley rights-of-way where the center line of a street, lane or alley serves as a zone boundary, the zoning of such street, lane or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such line.

No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, designed or arranged for any purpose other than is permitted in the zone in which the building or land is located.

No building shall be erected, converted, enlarged, reconstructed or structurally altered, except in conformity with the area regulations of the zone in which the building is located.

No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limitation hereinafter established for the zone in which said building is located, including roof structures, housing for elevator, stairway, tanks, steeples, skylights, stage lofts, screens, and ventilation fans or similar equipment required to operate and maintain the building. Flagpoles may exceed the height limitations specified in Article XIII.

Antennas shall not exceed the height requirements for the district in which they are located, unless a higher antenna is permitted by a state or federal law or regulation which pre-empts local regulations and except that reception antennas shall be subject to the restrictions in Section 4.15 (1).

The maximum height of a chimney and appurtenance thereto (such as a chimney cap or screen) on a residential structure shall not exceed the minimum chimney height specified in the adopted building or masonry code of the City by more than three (3) feet. However, the maximum height of a chimney and appurtenance thereto or smokestack on a non-residential structure shall be equal to the minimum chimney or smokestack height specified in the adopted building masonry code of the City.

Every building hereafter erected or structurally altered to provide dwelling units shall be located on a lot as herein defined, and in no case shall there be more than one (1) such building on one (1) lot unless otherwise provided in this Ordinance

No space which for the purpose of a building or dwelling group has counted or calculated as part of a side yard, rear yard, front yard or other open space required by this Ordinance, may by reason of change in ownership or otherwise be counted or calculated to satisfy or comply with a yard, court or other space requirement of or for any other building. In any residential district, the front and rear yard requirements of double frontage lots shall be the same as prescribed for any single lot in the zone wherein the double frontage lot is located.

Except as otherwise provided in this Section, all projections such as outside stairways, fire escapes, porches, platforms, balconies, tennis courts, swimming pools, fences, boiler flues, solar energy systems, decks, and courtyards shall comply with the setback requirements for the district in which they are located. For the purposes of this requirement, porches with screens or removable storm window sash shall be considered enclosed projections.

Notwithstanding these requirements, yard encroachments shall be permitted subject to the following condition:

A.

Chimneys, Cornices, and Driveways. The following structures shall be permitted to extend into the required setbacks:

1.

One (1) chimney, not more than eight (8) feet in width, projecting not more than twelve (12) inches into a required side yard setback.

2.

Cornices or overhangs that project no farther than eighteen (18) inches (including the gutter) into a required yard setback.

3.

Driveways (whether paved with asphalt, concrete or other suitable material) shall be permitted in any yard, except a waterfront yard. However, driveways may be permitted in the waterfront yard of parcels where the main access to the parcel is via a public road that is located along the lakefront.

B.

Ground Level Unenclosed Projections and Decks. Ground Level Unenclosed Projections (G.L.U.P.) and decks shall be permitted to encroach into the required setback areas as follow:

1.

G.L.U.P.S and decks shall be permitted to extend to twelve (12) feet into the required front, rear, or waterfront setback, subject to the following provisions:

a.

G.L.U.P.S shall be permitted to extend up to twelve (12) feet into the fifty-five (55) foot setback from the water's edge in Residential Zone 1 and seventy-five (75) foot setback from the water's edge in Residential Zones, 2, 3 and 4.

b.

Decks and G.L.U.P.S shall comply with height and area requirements in Article XIII, the Schedule of Regulations.

c.

G.L.U.P.S may extend up to four (4) feet into a required side setback. Decks may not extend into the required side yard setback.

d.

No G.L.U.P.S or decks shall be located closer than thirty-five (35) feet to the legal level of the lake, as measured on the horizontal.

e.

G.L.U.P.S and decks shall be subject to applicable lot coverage and open space requirements.

2.

One (1) G.L.U.P. Shall be permitted on the waterfront of the property, subject to the following provisions:

a.

G.L.U.P.S that are located in the waterfront setback of the property shall not exceed five hundred (500) square feet in area.

b.

The G.L.U.P. must be detached from the [principal] building and attached accessory structures.

c.

The G.L.U.P. may not extend into a required side yard setback.

d.

No G.L.U.P. shall be located closer than thirty-five (35) feet to the legal level of the lake, as measured on the horizontal.

e.

A G.L.U.P. may include a deck that satisfies the definition of G.L.U.P.S in Section 2.02 (e.g., plus-or-minus three (3) inches of the adjacent ground level).

f.

G.L.U.P.S and decks shall be subject to applicable lot coverage and open space requirements.

C.

Lakeside Stairs. Stairs and landing areas (not to exceed twenty (20) square feet in area) may be permitted to extend to the actual waterfront edge, as established by the legal lake level, where required by topography. Stair treads are to be limited to four (4) feet or less in width by fourteen (14) inches or less in depth.

D.

Swimming Pools. Ground level swimming pools, pool deck area and the required enclosure shall be permitted to extend into the required waterfront yard, subject to the following conditions:

1.

Maximum Waterfront Setback. A ground level swimming pool, pool deck area and the required enclosure shall be permitted to extend up to fifty (50) feet maximum into the Established Residential Building Pattern (ERBP) or the minimum lakeside setback, whichever is greater. In no case shall the ground level swimming pool, pool deck area and the required enclosure be located closer than fifty-five (55) feet from the water's edge in all Residential Zones.

2.

In no case shall the ground level swimming pool itself, be located a distance greater than twenty (20) feet from the closest point of the principal building.

3.

Minimum Side Setback. Ground level swimming pools, pool deck area and the required enclosure shall not extend closer to the side lot line than any portion of the principal residence, or the minimum side yard setback required in the zone in which it is located in, whichever is greater.

4.

Maximum Lot Coverage. Swimming [pools] shall comply with the lot coverage requirements for accessory buildings and structures in Section 4.15, sub-section E.

E.

Manufactured Landscape Features. Manufactured landscape features shall be permitted in any single family district. Any such feature that exceeds three (3) feet in dimension (height, width, length, diameter, etc.) shall be subject to the following.

1.

Manufactured landscape features shall be permitted to encroach into a required yard setback, provided that no such structure shall extend more than twelve (12) feet into the required front or rear yard setback, no more than four (4) feet into a required side yard setback, and no closer than thirty-five (35) feet to the edge of any body of water as established by the legal level of the lake.

2.

Up to three (3) features may be located between the road rights-of-way line and any portion of the principal building.

3.

No such feature shall exceed twelve (12) feet in height, measured from ground level at the base of the landscaped feature to the highest point of the feature.

4.

The combined coverage of all such landscape features in front of the dwelling shall not exceed twenty-five (25) square feet.

5.

No such landscape feature shall be located where it would obstruct the vision of drivers or otherwise impede traffic.

F.

Retaining and Landscape Walls. A retaining or landscaping wall, as defined in Section 2.02, may encroach into a required setback area, subject to the following conditions (as used in this sub-section, a "landscaping wall: is a low wall, used as an integral part of a landscaping plan, often to create or define planting areas"):

1.

The wall shall not exceed three (3) feet in height, measured at any point on either side of the wall, from the grade level adjacent to the wall to the top of the wall.

2.

A series of two (2) more-or-less parallel walls, each measuring up to three (3) feet in height, may be permitted within a required setback area for the purpose of retaining earth on a slope, provided that the walls are separated at least six (6) feet from each other by a flat area.

3.

In no case shall any wall be located closer than thirty-five (35) feet to the water's edge, as established by the legal level of the lake.

4.

In no case shall any wall be permitted where it would disrupt natural drainage patterns, except where it is demonstrated that a proposed change in drainage patterns will not have an adverse impact on adjoining properties or cause a threat to public safety.

5.

Walls shall not be used to alter the overall natural topography of the land, and any land alteration shall comply with the City's Filling and Excavation Ordinance General Ordinance Chapter 18, Article VIII. For example, retaining walls could be used to create a terrace on a slope, but the direction of the slope and the drainage patterns should not be altered.

6.

Walls shall comply with the regulations in Section 4.12 pertaining to maintaining visibility for drivers.

7.

Notwithstanding the conditions above, replacement retaining and landscape walls that are proposed to be removed and reinstalled in the same location and at the same height shall not be required to meet the requirements outlined in this section.

G.

Stairwells and Window Wells. Stairwells and window wells may be constructed to provide access to daylight and to maximize the utility of the lower level of homes. For the purpose of this subsection, a stairwell is a vertical shaft within which an exterior staircase is constructed to provide access from the lower level to exterior ground level. A window well is an exterior shaft or well that is constructed to allow daylight to filter into the lower level. Stairwells and window wells shall comply with the regulations in the following table:

* A vegetative buffer, such as trees or shrubs, or other type of barrier may be used instead of a guardrail, subject to approval by the Building Official. Guardrails must meet Michigan Residential Code Specifications.

H.

Play Structures. Play structures as defined in Section 2.02, shall be permitted on waterfront parcels in any yard area, subject to the following conditions:

1.

Setbacks. Play structures shall be subject to the following provisions:

a.

Side Setback. Play structures shall comply with the side setback requirements for the districts in which they are located, plus ten (10) feet.

b.

Waterfront Setback. Play structures shall be permitted to extend up to twenty-five (25) feet into the required waterfront setback. However, no play structure shall be located closer than thirty-five (35) feet to the legal level of the lake, as measured on the horizontal.

c.

Street Setback. Play structures shall comply with the minimum street side setback required for all other structures.

d.

Where feasible, play structures shall be located on a lot so as to avoid blocking the lakefront views of neighbors on adjoining lots.

2.

Maximum Height. Play structures shall not exceed twelve (12) feet in height. A safety rail may exceed the maximum height no more than three (3) feet.

3.

Maximum Lot Coverage. Play structures may occupy not more than 600 square feet. The area of the play structure shall be computed by measuring the area of the envelope required to enclose the components of the play structure. Play structures shall also comply with the lot coverage requirements for accessory buildings and structures in Section 4.15, sub-section E.

4.

Miscellaneous Provisions.

a.

Play structures shall be kept and maintained in good and safe condition. Play structures that are no longer in use shall be dismantled.

b.

All materials in play structures will be a dark solid color, although wood used in play structures may be left in its natural color.

(Ord. of 8-20-2018(1); Ord. of 12-18-2023(1))

Essential services, as defined in Section 2.02, shall be permitted as authorized and regulated by franchise agreements and federal, state, and local laws and ordinances, it being in the intention of this ordinance to permit modification to regulations governing lot area, building or structure height, building or structure placement, and use of land in the City when strict compliance with such regulations would not be practical or feasible.

Although essential services may be exempt from certain regulations, proposals for construction of essential services shall still be subject to site plan review and special land use review, it being the intention of the City to achieve efficient use of the land and alleviate adverse impact on nearby uses or lands. Essential services shall comply with all applicable regulations that do not affect the basic design or essential operation of said services.

No front or other yard shall be used for the storage material or equipment, e.g., lumber piles, crates, boxes, building blocks or other materials either discarded, unsightly or showing evidence of a need for repairs, in any open area that is visible from the street, public place or adjoining residential property; and should such use of land occur, it shall be declared to be a nuisance. In addition to penalties provided in Section 18.02 of the Zoning Ordinance, if such nuisance is not abated within ten (10) days after the owner of such land is notified by the City Clerk, then the city may perform the necessary work to eliminate the nuisance with reimbursement to the city within thirty (30) days after receiving notice of the amount due from the City Treasurer, then the amount shall become a lien upon said property.

No structure, wall, fence, shrubbery or trees shall be erected, maintained or planted on any lot which will obstruct the view of a driver of a vehicle approaching an intersection. Fences, walls, structures, or plantings located in the triangular area described below shall not be permitted to obstruct cross-visibility between a height of thirty (30) inches and eight (8) feet above the lowest point of the intersecting roads.

Unobstructed Sight Area

The unobstructed sight area triangle is described as follows:

The area formed at the corner intersection of two road rights-of-way lines, the two (2) sides of the triangular area being thirty (30) feet in length measured along abutting road rights-of-way lines, and the third side being a line connecting these two sides.

In the case of a rounded corner, the unobstructed area shall be an area formed by curved curb or roadway surface edge line and an arc with a radius of thirty (30) feet measured from the midpoint of the rounded corner of said lines extending from one street curb or roadway surface edge to the center street curb or roadway surface edge.

No dwelling unit shall be erected in Zone 5 or 6.

In connection with each residence these shall be no more than one (1) principle building and two (2) accessory buildings.

Accessory buildings, structures, and uses (as defined in Article II, Section 2.02), except as otherwise permitted in this Ordinance, shall be subject to the following regulations:

A.

Permitted Accessory Buildings and Structures. Excepts as otherwise specifically permitted in this Ordinance, accessory, accessory buildings and structures shall be permitted only in Zones 1, 2, 3 and 4; except that signs shall be permitted Zones 5 and 6 in accordance with Article IV-A. Permitted accessory buildings and structures in Zones 1, 2, 3 and 4 are limited to those specified in the following table; except that the Zoning Board of Appeals may permit other accessory buildings and structures, but only if the proposed buildings or structures are not specifically "non-permitted" by Section 4.15, sub-section B.

In deciding whether a proposed accessory building or structure should be permitted, the Zoning Board of Appeals shall consider whether the building or structure will alter the essential character of an area, the Zoning Board of Appeals shall consider the established type and pattern of land uses, buildings, and structures in the area, the natural characteristics of the site and would be screened from view off the site.

B.

Non-Permitted Accessory Buildings and Structures. The following accessory buildings and structures are not permitted in Zones 1, 2, 3 and 4:

Non-Permitted Accessory Buildings and Structures

Detached Car Ports

Plastic Wrap Greenhouses

New Boat Houses

Summer Houses (only one (1) principal is on each lot)

Detached Greenhouses

Ground-Mounted Solar Energy Systems Permanent Docks

C.

Applicability of Other Codes and [Ordinances]. Accessory buildings and structures shall be subject to all other applicable codes and [ordinances] regarding construction, installation and operations.

D.

Setback and Location Requirements. Except as otherwise specified in this Ordinance (for example, in Section 4.09), accessory building and structures shall comply with the following setback and location requirements:

1.

General Setback and Location Requirements.

a.

Detached Accessory Buildings and Structures. Detached accessory buildings and structures shall comply with applicable setback regulations in Article XIII, the Schedule of Regulations, subject to the following conditions:

(i)

On non-waterfront parcels, detached accessory buildings and structures shall be located to the rear or side of the principal structure.

(ii)

On waterfront parcels, detached accessory buildings and structures shall be located on the side of the principal structure, provided that any such accessory building or structure shall be landscaped with a combination of deciduous and/or evergreen trees and shrubs to, at minimum, partially screen the building or structure from the road and integrate the accessory building or structure into the overall site.

b.

Attached Accessory Buildings and Structures. Except as otherwise noted in this Section, accessory buildings and structures that are an integral part of the principal building or structure (such as an attached garage, a porte-cochere, or a garage that is attached to the principal building by a covered walkway) shall be considered a part of the principal building or structure for the purposes of determining conformance with area, setback, height, and lot coverage requirements. An accessory building or structure is considered an integral part of the principal building if interior access exists or if there is a roof connection between the two. An attached garage shall be considered an integral part of the principal building.

2.

Exceptions to the General Setback and Location Requirements.

a.

Sheds. The minimum side and rear yard setback for sheds shall be three (3) feet. Any such structure shall be screened. Any such structure shall be screened on all encroaching sides with evergreen shrubs or other planting. The screening shall be subject to administrative review and approval.

b.

HVAC Equipment. Freestanding heating, ventilation, and air-conditioning (HVAC) equipment and power generators may be located on any side of the principal structure, subject to the following conditions:

(i)

HVAC Equipment and power generators shall comply with the minimum setback requirements applicable to the principal building. However, there shall be no setback requirement between the principal building and the HVAC equipment and power generators.

(ii)

HVAC Equipment, power generators and swimming pool equipment shall be screened with non-deciduous plantings so that HVAC equipment, power generators and swimming pool equipment are not visible from the road, adjacent residences, or any lake.

(iii)

Power generators shall use natural gas as their fuel and shall be enclosed within a cabinet that is sufficiently insulated so that such devices comply with the noise standards in the Nuisance Ordinance and Noise Control Ordinance (Ordinance 9.03 and 9.10).

E.

Lot Coverage. The total ground floor area of attached and detached accessory buildings and structures, excluding attached garages, shall occupy no more than ten percent (10%) of the total area, subject to the following provisions:

1.

Detached buildings and structures. The total ground area coverage of all detached accessory buildings and structures shall not exceed seventy-five percent (75%) of the ground floor area of the principal building.

2.

Attached Garages. The total ground floor area of all attached garages on a parcel shall not exceed fifty percent (50%) of the ground floor area of the principal building. Notwithstanding this provision, each house shall be permitted at least a 3-car garage.

F.

Maximum Height of Accessory Buildings that Are Not an Integral Part of the [Principal] Building are subject to the following provisions:

1.

Except as noted in Section 4.15(D)(1)(b), accessory buildings shall comply with the following height regulations:

(i)

Accessory buildings shall not exceed one (1) story, provided that the height of the accessory building or structure shall not exceed the height of the principle building or structure.

(ii)

The maximum exterior wall height (measured from ground level to the underside of the eaves) shall not exceed fifteen (15) feet.

(iii)

The roof pitch shall be compatible with the roof pitch on the principal building.

2.

Accessory structures, other than buildings, shall not exceed fifteen (15) feet in overall height.

G.

Reception antenna facilities. In all zoning districts the installation of reception antenna facilities shall be permitted as an accessory use, subject to the provisions in this sub-section.

1.

Purposes: The purposes of this sub-section are as follows:

i.

To provide reasonable regulations for the placement of reception antenna facilities.

ii.

To promote safety and prevent dangers to persons and property resulting from accidents involving improperly installed antenna facilities.

iii.

To maintain the high architectural and aesthetics standards of the City, so as to preserve property values.

2.

General Requirements.

i.

Permits required by the adopted electrical code, if required, shall be obtained prior to installation of an antenna.

ii.

All wiring to the antenna shall be installed underground.

iii.

Antennas shall comply with the setback requirements for the districts in which they are located.

iv.

There shall be no restriction on the number of antennas on each parcel.

3.

Ground and Building-Mounted Antennas.

i.

To the maximum extent feasible, ground-and-tower-mounted antennas shall be screened from view from adjacent properties, from any public or private road, and from any lake by a screen wall, fence, evergreen plantings, or a combination thereof, provided that such screening does not prevent reception of an acceptable quality signal.

ii.

Antennas mounted on a building or roof shall not extend higher than twelve (12) feet above the highest point of the roof within a ten (10) foot radius.

iii.

Building or roof-mounted antennas shall be permitted on the front of a building only when no other option is available to provide acceptable quality signal reception.

4.

Antennas Equal to or Greater than One Meter in Diameter.

i.

Antennas that are equal to or greater than one meter in diameter shall be permitted only on the side or in the rear of non-lakefront properties. Such antennas shall be permitted in the front yard or lakefront only when documentation is presented to demonstrate there is no other option available to provide acceptable quality signal reception, subject to Zoning Board of Appeals approval.

ii.

Such antennas shall be screened from view from the road, from the lake and from adjacent residences with evergreen screening.

H.

Permanent Barbecues and Outdoor Kitchens:

1.

Definitions: For the purposes of this Section, the following terms have the meaning as listed below:

a.

Permanent Barbecue. A permanent, immovable structure that is attached to the ground and is typically used for grilling or smoking food in preparation for consumption. A permanent barbecue is sometimes called a "built-in island barbecue." This definition of permanent barbecue is not intended to include portable barbecues that are not permanently attached to the ground, in-ground post barbecues, fire pits, or chimneys.

b.

Outdoor Kitchen. An outdoor food preparation workspace, consisting of permanent barbecue and other features associated with a kitchen, such as counter tops, a sink, and cupboard space.

2.

Dimensional Requirements. Permanent barbecues and outdoor kitchens shall comply with the following regulations:

I.

Roof Mounted Solar Energy Systems in Zones 5 and 6. Roof mounted solar energy systems in Zones 5 and 6 shall comply with the following regulations.

1.

Permit Required. A building permit shall be required for installation of roof mounted systems.

2.

Mounting and Projection.

Pitched Roofs:

a.

For the purpose of Section 4.15(I) only, a pitched roof is defined as roof that has a slope greater than one-inch (1") vertical to four feet (4') horizontal.

b.

Solar panels shall be mounted flush (within 6" of the roof line) and shall not project above the peak of the roof or beyond any roof edge.

c.

Solar panels shall not be mounted on any roof that is steeper than 12/12 pitch or on the face of any building.

d.

Solar panels shall be setback a minimum of two (2) feet from any roof edge.

Flat Roofs:

a.

For the purpose of Section 4.15(I) only, a flat roof is defined as a roof that has no greater slope than one inch (1") vertical to four feet (4') horizontal.

b.

Solar panels shall not project more than two (2) feet above the roof plane at it its highest point and not more than six (6) inches at its lowest point.

c.

Solar panel installation shall require site plan approval from the Planning Commission when angled mounted.

d.

Solar panels shall be setback a minimum of two (2) feet from any roof edge.

3.

Height. In no case is a roof mounted solar energy system in Zones 5 or 6 permitted to be installed in a manner which would exceed the maximum height restrictions applicable for the property.

4.

Screening. Architectural screening may be required if, in the determination of the Director of City Services, the roof mounted solar energy system is proposed in a location or manner that is reasonably expected to have a negative impact in terms of glare, noise, or visual impact to adjacent property owners and the effects can be mitigated by such means. Flush mounted solar panels shall not be subject to the screening requirements.

(Ord. of 9-21-2020(1), Ord. of 9-21-2020(2); Ord. of 7-18-2022(1); Ord. of 12-18-2023(2))

Vehicles shall be subject to the following parking regulations in residential districts (see parking requirements in Article VI):

A.

Definitions: For the purposes of this Section 4.16 the following definitions shall apply. The State Classification of Vehicles, which is published by the Michigan Secretary of State, shall be used where a more detailed identification of vehicles and body styles is required.

1.

"Commercial Vehicle" includes all motor vehicles used for the transportation of goods, wares or merchandise, and/or all motor vehicles designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or on any part of the vehicle or load so drawn.

2.

"Motor Home" means a motor vehicle constructed or altered to use or provide living quarters, including permanently installed cooking and sleeping facilities, and is used for recreation, camping or other non-commercial use.

3.

"Operable" when used in reference to a vehicle having motive power, means the engine can be started and the vehicle may be driven at any time.

4.

"Parking" shall mean stopping and leaving a vehicle.

5.

"Stake Truck" means a truck having a platform with stakes inserted along outside edges to retain load.

6.

"Trailer" means every vehicle with or without motive power, other than a pole-trailer, designed for carrying property (including, but not limited to, boats, jet skis, snowmobiles and other property) or persons and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

7.

"Travel Trailer" means a vehicle, without motive power, designed to provide temporary living or sleeping quarters, and used for recreation, camping, or other non-commercial use. This definition of "travel trailer" is intended to include vehicles known as "fifth wheelers".

8.

"Truck Tracker": means a motor vehicle designed and used primarily for drawing other vehicles.

B.

Parking in Residential Districts. The following regulations shall apply to parking in residential districts. Vehicle parking that is not specifically permitted by these regulations is prohibited.

1.

Permitted Parking.

a.

Operable passenger vehicles (includes sports utility vehicles SUV's and passenger vans) and operable pick-up trucks having a curb weight not exceeding seven thousand, five hundred (7,500) pounds and gross weight not exceeding thirteen thousand (13,000) pounds may be parked on a single family lot where such vehicle is regularly used by an occupant on the premises.

b.

In addition to the parking permitted in the previous item (a), an operable commercial vehicle may be parked inside a fully enclosed building on a single family lot, provided that the vehicle shall have no flammable, toxic or hazardous materials, liquids or equipment that would threaten the safety of residents on the lot or on lots in the vicinity.

c.

In addition to the parking permitted in the previous items (a) and (b), one (1) operable commercial vehicle may be parked outside on a single family lot subject to the following conditions:

i.

The vehicle shall be parked on gravel or paved surface parking area, which surface shall comply with all required setback requirements.

ii.

The area surrounding the parking space shall be landscaped sufficiently to provide year-round screening from adjacent residences and roads.

iii.

The vehicle must be used as the principle means of transportation for a resident in that resident's employment or profession or must be the resident's sole means of motor vehicle transportation. The vehicle must not be a dump truck, stake truck, tank truck, flatbed truck, step van, panel truck, wrecker, car hauler, truck tractor, construction and landscaping vehicles and equipment, logging vehicle, bus, hearse, ambulance or limousine.

iv.

No part of the vehicle shall exceed eight (8) feet in height measured from the ground.

v.

The vehicle shall have no more than one (1) rear axle.

vi.

The vehicle shall have no ladders, poles, storage boxes above the fender, external auxiliary fuel tanks, or other equipment attached to or mounted on the outside of the vehicle.

vii.

The vehicle shall not exceed eight thousand, five hundred (8,500) pounds curb weight or thirteen thousand (13,000) pounds gross weight. The vehicle shall have no flammable toxic or hazardous materials, liquids or equipment that would threaten the safety of residents on the lot or lots in the vicinity.

viii.

The provisions in this sub-section (1) shall not preclude the parking of commercial vehicles on a single-family lot for the sole purpose of rendering an immediate and/or current service on the lot (e.g., construction or repair, landscaping, cleaning, etc.)

ix.

Parking or storage of trailers, parts, equipment, or materials related to operation of a commercial vehicle shall be prohibited in single-family residential districts.

2.

Mobile Homes. Mobile homes shall comply with the requirements in Section 4.32.

3.

Motor Homes and Travel Trailers. No more than (1) motor home or travel trailer may be parked on a residential lot. Any motor home or travel trailer parked for more than thirty (30) consecutive days shall comply with required setbacks and shall be landscaped sufficiently to provide year-round screening from road and adjacent properties. At no time shall a motor home that is parked be used for living or housekeeping purposes.

The following regulations shall apply to all lots which abut any lake or stream located within or partly within the City. For the purposes of this Ordinance, regulations which refer to a lake, river, stream or navigable waterway shall include any inlet, canal, cove or similar natural or man-made passage of water that is connected to a lake.

A.

The land area of the lake or stream lying below the established lake level mark shall not be filled nor shall soil or materials be removed without obtaining a license pursuant to City Ordinance No. 12.03.

B.

No structure, including a principle or accessory building shall be erected on a lot or parcel nearer than seventy-five feet (75') in Zones 2, 3, and 4 and fifty-five feet (55') in Zone 1 (as measured on the horizontal from the water line as established by the legal level of the lake) to the said lake, river, stream or other navigable waterway, except as is permitted in Section 4.09. In the event that there is an Established Residential Building Pattern along the waterway, then the required setback shall be determined in accordance with the standards in Section 4.36.

No lot or parcel of land, improved or unimproved, bordering on a lake or stream shall be used as a means of providing persons with access to such lake or stream or be used for recreational purposes except in accordance with the following:

A.

The owner(s) of the parcel of land bordering on the lake or stream of the tenant-occupant of a dwelling located thereof may make use of said premises. So long as the use does not constitute a public nuisance or is not in violation of any Ordinance of the City, such person(s) together with their family and occasional guests may make use of said premises without limitation. As used in this sub-paragraph, owner(s) shall mean the owner(s) of the entire equitable interest in the parcel and not include the owner(s) of undivided interests.

B.

Persons having an interest in a parcel of land bordering on a lake or stream, other than those referred to in sub-section (A) above, may use such land for access and/or recreational purposes provided that such use shall be made only in accordance with the following:

i.

No person, other than those above-identified in sub-paragraph (B), shall make use of said premises, unless they are either members of the immediate family of the persons identified in said sub-paragraph or occasional guests of said persons.

ii.

No person having the right to use said parcel of land shall at any time have more than six (6) persons other than members of his/her family on the premises or using them for access to the water at any given time.

iii.

Not more than one (1) owner or tenant-occupant shall make such use of each twenty (20') feet of natural lake or stream frontage, provided that this frontage requirement may be reduced by (1') foot for each ten (10') feet or fraction thereof of depth of the parcel and provided further that such required width shall not be less than five (5') feet for each owner or tenant-occupant.

iv.

The depth of any parcel used pursuant to the provision of this Section shall be measured from the edge of any platted or un-platted road.

v.

If the owner of the right to use parcel of land is other than an individual or individuals, such owner shall at no time have more than six (6) persons on the premises or using them for access to the water at any given time.

vi.

Such premises shall not be used as a means of access to any dock or boat storage area. No boat shall be stored or moored along the frontage of said premises nor shall any boats be moved to or from the water across said premises nor stored thereon.

vii.

The parking of automobiles closer than one hundred (100') feet to the water's edge is prohibited on any parcel of land under this Section to provide access to a lake or stream or for recreational purposes.

C.

At the time the City gives its final approval to any platted subdivision, the proprietor shall designate on the plat, or furnish a document in recordable form which does so, the lots by number which will, under the provision of this Section, have the right to use such frontage lot and those lots in the subdivisions, if any, which will not have such right.

D.

The frontage created by digging out and filling in shall be excluded from computing the lot frontage for purposes of this Section.

E.

Owners and occupants of lots contained in a recorded plat, which plat was created prior to March 25, 1956, and which plat set aside a portion of the platted premises for the use of owners occupants of the lots contained in the plat, and which lots comply with the original provisions of this Section, shall not be subject to the provisions of sub-section (B) above.

F.

Docks, boat hoists, rafts and other seasonal fixtures are permitted on waterfront lots or parcels, regardless whether a principle use or structure is located on the lot or parcel, subject to Section 4.17.

In all zones which require a stated minimum lot width, variances may be made as follows:

A.

In the case of a lot located adjoining and facing the outside to the curve of a curved street or lane line, wherein the lot lines diverge toward the rear, the measurement of lot width may be taken at the front building of the principle building parallel to the tangent of the curb at the center of the front lot line or in such a direction as to intersect the side lot lines at angles equal on both sides, provided, however, that in no case shall the width of the front yard at the street or lane be less than one-half (1/2) of the required lot width.

B.

In the case of a lot facing the inside curve of the street or lane so that the side lines converge toward the rear, the measure of lot width shall be taken at the rear building line of the principle building and in such a direction as to intersect the side lot lines at angles equal on both sides or at a 90 degree angle to a line equally bisecting the lot.

Any building erected on a lot that abuts upon a street or lane both in the front and in the rear shall be designed to present the appearance of a front on both streets and lanes. On the rear façade, the appearance of a front can be achieved to incorporating characteristics that are typically part of a front façade. Such characteristics may include, by way of example:

The rear façade will not be approved unless it achieved a score of at least 15. The purpose of this regulation is to avoid the diminution of property values and neighborhood appearance that would result from a home having an inappropriately-designed near façade along a street that is otherwise occupied by homes with their front facades facing said street.

No garage, basement, accessory building, temporary building now existing or in the future erected or placed on a lot or parcel shall be occupied or used for dwelling purposes. Expressly excepted from this regulation are living quarters for members of the family occupying the principle building located on the same lot and domestics servants employed by said family.

Any building or structure which has been wholly or partially erected on any premises that is moved into the City shall meet all appropriate Building Codes.

The construction, maintenance or existence within the City of Orchard Lake Village of any unprotected, unbarricaded, open or dangerous excavation, holes, pits or wells, or of any excavations, holes or pits which constitute or are reasonably likely to constitute a danger or menace to public health, safety or welfare, are hereby prohibited; provided, however, that this Section shall not prevent any-excavation under a permit issued pursuant to this Ordinance or the Building Code of the City of Orchard Lake Village, where such excavation are properly protected and warning signs posted in such manner as may be approved by the Building Official and, provided further that this Section shall not apply to streams, natural bodies of water or to ditched, streams, reservoirs or other major bodies of water created or existing by authority of the State of Michigan, County of Oakland, City of Orchard Lake Village, or other governmental agency. (See also City Ordinance No. 12.04, the Landfill Ordinance).

The use of land for the excavation, removal, filling or depositing of any type of earth material, topsoil, gravel, rock, garbage, rubbish or other wastes or by-products, is not permitted in any zone except under a certificate from, and under the supervision of the Building Official in accordance with a topographic plan, approved by the City Engineer, submitted by the fee-holder owner of the property concerned, pursuant to the City's General Ordinance Chapter 18, Article VIII. The topographic plan shall be drawn at a scale of not less than fifty (50') feet equals one (1) inch and shall show existing and proposed grades and topographic features and such other data as may from time to time be required by the City Engineer. Such certificate may be issued in appropriate cases upon the filing with the application of a cash bond or surety bond by a surety company authorized to do business in the State of Michigan running to the City in an amount as established by the City Engineer which will be sufficient in amount to rehabilitate the property upon default of the operator of such excavating or filling operation, and to cover court costs and other reasonable expenses. This regulation does not apply to normal soil removal for basement, septic system or foundation work when a building permit has previously been issued by the Building Official. Costs of a permit to fill and excavate shall be established by the City Council.

Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition of any part of any conforming building or structure declared unsafe by the Building Official.

Nothing in this Ordinance shall be deemed to require any change in the plans, construction or designed use of any building upon which actual construction was lawfully begun prior to the adoption of this Ordinance, and upon which building actual construction has been diligently carried on, and provided further, that such building shall be completed within one (1) year from the date of passage of this Ordinance.

The provisions of this Ordinance shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

No proposed plat of a new subdivision shall hereafter be approved by the City Council unless the lots within such plat equal or exceed the minimum size and width requirements set forth in the various districts of this Ordinance, and unless such plat fully conforms with the statutes of the State of Michigan and City Ordinance No. 14.04, Subdivision Regulations.

(Repealed Sign Regulations, Article IVA).

In order to provide adequate protective screening for residential areas adjacent or near non-residential areas, the following regulations shall apply:

1.

Adjacent Residential Property. Where a Zone 5 or 6 use abuts directly upon a residentially zoned district, one of the following three (3) methods for protective screening shall be required:

2.

Residential Property Across Alley. Any Zone 5 or 6 land on which a drive-in business, open air display, commercial parking lot or other similar use is conducted, and which is adjacent to a residentially zoned district located across a public alley of not less than twenty feet (20') in width, shall be separated along its entire length by either a building housing a permitted use or by a solid obscuring wall subject to the standards in Section 4B.07, Obscuring Walls and Fences. Said obscuring wall shall be located, preferably, on the residential side of the public alley, subject to approval of the wall location by the Planning Commission.

(Ord. of 5-24-2021(3))

Editor's note— Ord. of May 24, 2021(3) changed the title of § 4.30 from "protective screening" to read as herein set out.

Outside permanent trash containers shall be permitted in Zone 5 and 6 provided that they comply with the following requirements:

1.

Adequate vehicular access shall be provided to such containers for truck pickup either via a public alley or vehicular access aisle which does not conflict with the use of off-street parking areas or entrances to or exits from principle buildings nearby.

2.

A solid ornamental screening wall or fence shall be provided around all sides of trash containers which shall be provided with a gate for access and be of such height as to completely screen said containers, the maximum height of which shall not exceed eight (8') feet.

3.

The trash container(s), the screening wall or fence and the surrounding ground area shall be maintained in a neat and orderly appearance, free from rubbish, waste paper or other debris. This maintenance shall be the responsibly of the owner of the premises upon which the containers are placed.

4.

There shall be compliance with all City, County and State Health Ordinances and Statutes.

1.

While mobile homes offer an alternative to conventional single family housing in such areas as structural design, facility arrangement and cost, they can have potential adverse impacts on a residential neighborhood because of marked differences from single family housing and design, placement, structure and site size, and fire and wind resistance. Generally, mobile homes value have restricted to locations within mobile home parks, positioned at areas specifically zoned for them, in order to assure compatibility with nearby residential uses. However, through the application of certain standards, mobile homes and mobile home sites may be designed to more closely resemble nearby conventional housing and be permitted outside mobile home parks and within residential zoning districts. This Section presents specific conditions and standards whereby mobile homes may be located outside of mobile home parks.

2.

Mobile homes may be located outside of mobile home parks provided that they are located in zoning districts which permit them and further subject to site plan approval by the Planning Commission in accordance with Section 4.33.

3.

To insure compatibility in appearance with single-family housing in the neighborhood, a mobile home shall meet the following design requirements:

a.

ROOF- Must be pitched, minimum 3:12 slope, shingled, with a minimum roof overhang of not less than six (6") inches on all sides. The roof must be permanently attached to the mobile home and supported by the mobile home rather than by external supports. Additions and accessory buildings may have flat roofs, but unattached accessory buildings must satisfy the same roof requirements as the mobile home.

b.

EXTERIOR WALLS- Must have wood, aluminum or vinyl siding and/or brick facing for all exterior walls, including additional and accessory buildings. All siding must be placed in the same direction, except that minor variations for styling purposes may be approved by the Planning Commission.

c.

INTERIOR WALLS- Must be of dry wall construction and a minimum of four (4") inches thickness.

d.

EAVE TROUGHS- Must be provided where appropriate.

e.

CEILING HEIGHT- Minimum seven and one half (7 ½') feet for all rooms.

f.

ENTRY STEPS- Must be permanently attached on a frost-free foundation similar to single family houses and connected to exterior doors or to porches connected to said door areas where a difference in elevation requires same.

g.

DOORS/WINDOWS- Must be similar in design to single-family housing; a minimum of two (2) exterior doors is required.

4.

Except as otherwise noted herein, minimum construction standards for a mobile home shall be those of the Mobile Home Construction and Safety Standards Act of 1974 (Title VI of PUB L. 93-383, 88 Stat. 700, 42 S.C. 5401, et seq.).

5.

A mobile home must be installed on a permanent foundation. At minimum, this shall include a forty-two (42") inch cement block foundation with cement footings around the complete outside perimeter of the mobile home. A basement, satisfying the same standards as for single family housing, in accordance with applicable City-adopted codes and ordinances, may be substituted for equivalent portions of the forty-two (42") inch foundation. If the foundation or basement does not meet the manufacturer's specifications for pillar placement and imposed load capacity, adequate additional support shall be provided as specified in R125.1602 of the Michigan Administrative Code. Wheels and axles shall be removed. A crawl space of not less than twenty-four (24") inches shall be provided between the floor of the mobile home and the ground level. The crawl space shall not be utilized for storage purpose.

6.

A mobile home, prior to any addition, shall have a minimum length of no less than sixty (60') feet. That portion of the mobile home facing a public street shall have a minimum width of twenty-four (24') feet. The minimum floor area requirements for the zoning district in which the mobile home is located shall be complied with. Any additions to a mobile home must either be constructed by a licensed mobile home manufacturer or satisfy the applicable City-adopted BOCA Basic Building Code and ordinances for single family residences. Any addition must be similar in appearance, materials and foundation to the mobile home itself. Any addition to a mobile home is subject to the same procedures on this Section as for the mobile home itself.

7.

A mobile home shall be anchored by an anchoring system meeting the standard and specifications of R125.1605 of the Michigan Administrative Code.

8.

The minimum requirements for lot width and area, lot coverage, building height and yard setbacks shall be the same as those required of single family housing in the zoning district wherein the mobile home is located and shall be for safety purposes twenty (20') feet from any dwelling unit on an adjoining lot.

9.

All utility and service lines, including water, telephone, electricity, heating and cooking fuels and television service, shall be located underground. Utility and service lines, except for electrical and natural gas, shall be designed for permanent attachment to the mobile home using, wherever feasible, the same designs and specification as for single family housing in accordance with applicable City-adopted codes and ordinances. A utility area containing a clothes washer and dryer is required along with appropriate hookup for such facilities. Where the Planning Commission deems that said code and ordinance requirements are not feasible for mobile homes, the Planning Commission may permit standards as described in R125.1603 and R125.1932 to R125.1940 of the Michigan Administrative Code. An exterior faucet is required.

10.

Electrical service installation shall be in accordance with R125.1932 and R125.1933 of the Michigan Administrative Code. The electrical service pedestal shall be screened from view from the adjoining street and/or lake by the mobile home itself or by opaque ornamental fencing.

11.

Natural gas service installation shall be in accordance with R125.1934 of the Michigan Administrative Code. The natural gas service pedestal shall be screened from view from the adjoining street and/or lake by the mobile home itself or by opaque ornamental fencing.

12.

If permitted by the Planning Commission, fuel oil systems shall comply with R125.1939 of the Michigan Administrative Code. Liquefied petroleum gas containers and fuel oil tanks, if permitted by the Planning Commission, shall be installed, mounted and secured in compliance with the National Fire Protection Association's current standard. Above ground fuel tanks/containers shall be screened from view from adjoining street and/or lake by the mobile home itself, by enclosure in a storage shed or by opaque ornamental fencing.

13.

A garage, storage shed and/or basement, or combinations thereof containing at least four hundred and eighty (480) square feet of floor area, shall be located on the same site as the mobile home and be constructed according to the same standards as for the mobile home itself or for single family housing in accordance with applicable City-adopted codes and ordinances. Occupancy of the mobile home shall not be allowed until mobile home and garage, storage shed and/or basement, or combinations thereof are completed. Above ground fuel oil and gas tanks are not permitted.

14.

A mobile home site shall comply with the same City-adopted codes as for single family housing, and ordinances relative to sidewalk, driveway and parking placement, sizing and construction.

15.

A mobile home site shall comply with the same City-adopted codes and ordinances relative to fencing as for single family housing.

16.

No garbage or refuse may be stored outdoors unless it is placed on a concrete slab having a minimum area of nine (9') square feet and screened from the adjoining street by either the mobile home itself or by opaque ornamental fencing.

The site plan review procedures in this section are intended to provide a consistent and uniform method of review of proposed development plans, to ensure full compliance with the standard contained in this Ordinance and other applicable ordinances and State and Federal laws, to achieve efficient use of the land, to protect natural resources, and to prevent adverse impact on adjoining or nearby properties.

1.

Applicability: Submission of a site plan shall be required in conjunction with any proposal to construct, move, relocate, convert, or structurally alter a building in any zoning district.

2.

Procedures and Requirements: Site plans shall be submitted in accordance with the following procedures and requirements:

a.

Application Forms and Documentation. The application for site plan review shall be made on the forms and according to the guidelines provided by the Building Official. The application materials, required fee, and three (3) folded copies of the site plan shall be submitted to the Building Official. If Planning Commission review is required, then ten (10) additional folded copies of the site plan shall be submitted at least fifteen (15) days prior to the meeting at which review is requested.

b.

Site Plan Preparation. The site plan shall be prepared in the manner specified in this section and on the site plan application form. A site plan which does not meet the stipulated requirements shall be considered incomplete and shall not be eligible for formal review.

c.

Distribution of Plans. The site plans and application shall be distributed to the Planning Commission and other appropriate City Official for review. If deemed necessary by the Building Official, the plans may also be submitted to the City Planning Consultant, City Engineer, or other qualified professionals for review.

d.

Planning Commission Review. The Planning Commission Review and approval shall be required for site plans except those involving a single family detached dwelling or accessory building or use thereto.

i.

Review and Revision. The Commission shall review the site plan in relation to applicable standards and regulations, and in relation to the intent and purpose of this Ordinance. If the Commission determines that revisions are necessary to bring the site plan into compliance with applicable standards, the applicant shall be given the opportunity to submit a revised plan.

ii.

Determination. The Planning Commission shall make a determination on a final plan based on the requirements and standards in this Ordinance. The Commission is authorized to grant approval, grant approval subject to conditions, or reject a site plan, as follows:

1.

Approval. Upon determination that a site plan is in compliance with the standards and requirements of this Ordinance, the Commission shall approve the plan.

2.

Approval Subject to Condition. Upon determination that a site plan is in compliance, except for minor modifications, the conditions for approval shall be identified and the applicant shall be given the opportunity to correct the site plan. The conditions may include the need to obtain approval from other agencies.

3.

Denial. Upon determination that a site plan does not comply with the standards and regulations set forth in this Ordinance, or requires extensive revision in order to comply with said standards and regulations, the Planning Commission shall deny site plan approval.

iii.

Review of Single Family Site Plans. Building Official review and approval shall be required for the site plans involving a single family detached dwelling or accessory building or use thereon. The Building Official shall follow the same review procedures outlined in sub-section 2, above. Following initial review of the site plans, the Building Official may request a review of the plans by the City Planner, City Engineer, or other professionals prior to making a final determination. In accordance with sub-section 2, the Building Official is authorized to grant approval subject to condition, or reject a single family site plan.

iv.

Recording of Site Plan Action. Each action taken with reference to a site plan review shall be recorded in the minutes of the Planning Commission, where appropriate, and in the file established by the Building Department for each site plan. The grounds for action taken upon each site plan shall also be recorded.

v.

Variances. Requests for variances may be initiated by the petitioner to the Zoning Board of Appeals, following review of the proposed variances by the Planning Commission, or following review by the Building Official if a single family dwelling is involved.

vi.

Building Permit. Following approval of the site plan, the Building Official shall issue a building permit, subject to:

1.

Submission of proper engineering and construction plans.

2.

Acquisition of all other applicable City, County, or State permits.

3.

Compliance with any conditions that were made a part of site plan approval, including obtaining any required variances.

4.

Where required, obtaining Special Use Approval from the City Council.

vii.

Expiration of Site Plan. If a building permit has not been obtained for at least twenty-five percent (25%) of the gross floor area of the building within six (6) months after approval of the site plan, the site plan approval becomes null and void and a new application for site plan review shall be required. The Building Official may grant a six (6) month extension, upon written request from the applicant, if it finds that the approval site plan adequately represents current conditions on and surrounding the site.

viii.

Revocation of Site Plan Approval. Approval of a site plan may be revoked by the Building Official if construction is not in conformance with the approved plans.

ix.

Performance Guarantee. The Planning Commission or Building Official may require that a performance guarantee be deposited with the City to ensure faithful completion of improvements, in accordance with Section 15.09.

x.

Revision to Approval Plans.

1.

General Requirements. Revisions to an approval plan involving any use other than a single family use shall require the review and approval of the Planning Commission. Revisions to an approved site plan involving a single family use shall require the review and approval of the Building Official.

2.

Minor Revisions. Notwithstanding the above general requirements, minor revisions to an approved site plan may be reviewed and approved by the Building Official. Minor revisions are changes that do not substantially affect the character or intensity of the use, vehicular or pedestrian circulation, drainage patterns, the demands for public services, or compliance with the minimum standards set forth in Article XIII.

3.

Application Data Requirements. The following information shall be included with any site plan submitted where applicable:

a.

Site Plan Descriptive and Identification Data. Site plans shall consist of an overall plan for the entire development, drawn to a scale of not less than one (1") inch = 50 feet, or other scale approved by the Building Official. The following descriptive and identification information shall be included on all site plans:

i.

Applicant's name, address, and telephone number.

ii.

Name and address of property owner, if different from applicant.

iii.

Title blocks indicating the name of the development.

iv.

Scale, north point, and dates of original submission and revision.

v.

Location map drawn to scale with north point.

vi.

Legal and common description of property.

vii.

Identification and seal of architect, engineer, land surveyor, or landscape architect who prepared plan.

viii.

Zoning classification of petitioner's parcel and all adjoining parcels.

ix.

Notation of any variances that have been or must be secured.

1.

Net acreage (minus rights-of-way) and total acreage, to the nearest 1/10 acre.

2.

Total square feet of floor area of any proposed buildings.

b.

Site Data.

i.

Existing lot lines, building structures, parking areas, and other improvements on the site and on adjoining sites.

ii.

Proposed front, side, rear, and waterfront setback dimensions.

iii.

Footprint of buildings on adjacent parcels and front and waterfront setback dimensions for the adjacent buildings.

iv.

Existing and proposed topography on the site at two foot contour intervals, referenced to a U.S.G.S. benchmark.

v.

Dimensions and centerlines of existing and proposed roads and road rights-of-way.

vi.

Acceleration, deceleration, and passing lanes, where required.

vii.

Proposed location of driveway entrance and on-site driveways.

viii.

Location of existing drainage courses, floodplains, lake and streams, with elevations.

ix.

Location of existing and proposed interior sidewalks and sidewalks in the rights-of way.

x.

Exterior lighting locations and method of shielding lights from shining off of the site.

xi.

Trash receptacle locations and method of screening if applicable.

xii.

Parking spaces, typical dimensions of spaces, indication of total number of spaces.

xiii.

Method of surfacing of parking lots, driveways, and other vehicle maneuvering areas.

xiv.

Information to calculate required parking in accordance with Zoning Ordinance standards.

xv.

Landscape plan indicating: the location, type, size and number of shrubs, trees, and other live plant material, location of lawn areas and indication whether they will be seeded or sod, and location of underground irrigation system.

xvi.

Cross-section of proposed berms.

xvii.

Location, sizes, and species of existing trees having a diameter at breast height (d.b.h.) of three inches (3") or greater, before and after proposed development. D.B.H. is the diameter in inches of a tree measured at 4 ½ feet above existing grade.

xviii.

Location and description of all easements for public rights-of-way, utilities, access, shared access, and drainage.

xix.

Designation of fire lanes.

xx.

Loading/unloading areas.

c.

Building and Structure Details.

i.

Locations, height, and outside dimensions of all proposed buildings and structures.

ii.

Building floor plan.

iii.

Building façade elevations, drawn to a scale of 1 inch = 4 feet, or another scale approved by the Building Official. Elevations of proposed buildings shall indicate type of building material, roof design, projections, canopies, awnings and overhangs, screen walls and accessory building, and any outdoor or roof-mounted mechanical equipment.

iv.

Total floor area and building coverage.

v.

Building height and number of stories.

vi.

Proposed fences and walls, including typical cross-section and height above the ground on both sides.

vii.

Location, size, height, and lighting of all proposed signs.

d.

Information Concerning Utilities, Drainage, and Related Issues.

i.

Primary and back-up locations of proposed sanitary sewer lines.

ii.

Location of well sites or water mains and hydrants.

iii.

Location of storm sewers and other drainage facilities, including open drains and retention/detention basins.

iv.

Location of gas, electric, and telephone lines.

v.

Indication of proposed site grading and drainage patterns, including proposed topography and finish grades of all buildings, driveways, walkways, and parking lots.

vi.

Location of floodplains and wetlands, if applicable.

vii.

Soil erosion and sedimentation control measures.

e.

Other Required Data. Other data may be required if deemed necessary by the Building Official or Planning Commission to determine compliance with provisions in this Ordinance.

4.

Standards for Site Plan Approval: The following criteria shall be used as a basis upon which site plans are reviewed and approved:

a.

Adequacy of Information. The site plan shall include all required information in sufficiently complete and understandable form to provide an accurate description of the proposed uses and structures.

b.

Site Design Characteristic. All elements of the site design shall be harmoniously and efficiently organized in relation to topography, the size and type or parcel, the character of uses on adjoining parcels, and the type and size of buildings. The site shall be developed so as not to impede the normal and orderly development of surrounding property for uses permitted by this Ordinance.

c.

Appearance. Landscaping, earth berms, fencing, signs, walls, and other site features shall be designed and located on the site so that the proposed development is aesthetically pleasing and harmonious with nearby development.

d.

Functional Considerations. In commercial districts the nature, locations, height, size and site layout shall be such that it will be a harmonious part of the district in which the use is located, taking into account prevailing shopping habits, convenience and access by patrons, the physical and economic relationship of one type of use to another, characteristic grouping of uses in commercial district, and other similar economic and functional considerations.

e.

Compliance with District Requirements. The site plan shall comply with district requirements for minimum floor area, building height, lot size, setbacks, and all other requirements set forth in the Schedule of Regulations, Article XIII.

f.

Preservation of Natural Areas. The landscape shall be preserved in its natural state as much as possible, by minimizing tree and soil removal alteration to natural drainage courses, and the amount of cutting, filling and grading.

g.

Emergency Vehicle Access. All buildings or groups of buildings shall be so arranged as permit convenient and direct emergency vehicle access.

h.

Ingress and Egress. Every structure or dwelling unit shall be so arranged as to permit convenient and direct emergency vehicle access.

i.

Pedestrian Circulation. Site plans involving non-residential uses shall provide a pedestrian circulation system which is insulated as completely as is reasonably possible from the vehicular circulation systems.

j.

Drainage. Appropriate measures shall be taken to insure that the removal of surface waters will not adversely affect adjoining properties or the capacity of the public or natural storm drainage system. Provisions shall be made for a feasible storm drainage system, the construction of drainage facilities, and the prevention of erosion.

k.

Soil Erosion and Sedimentation. The proposed development shall include measures to prevent soil erosion and sedimentation.

l.

Exterior Lighting. Exterior lighting shall be designed so that it is deflected away from adjoining properties and so that it does not impede the vision of drivers on adjacent streets. (See the Illumination Control Ordinance, Ordinance 5.10B.).

m.

Screening. Off-street parking areas, loading and unloading areas, and outside refuse storage areas visible from adjacent homes or from public roads shall be screened by walls or landscaping of adequate height.

n.

Health and Safety Concerns. Any use in any district shall comply with Federal, State, County and Local health and pollution laws and regulations with respect to noise, dust, smoke and other air pollutants, vibration, glare and heat, fire and explosive hazard, gases, electromagnetic radiation, radioactive materials, and toxic and hazardous materials.

o.

Sequence of Development. All development phases shall be designed in logical sequence to ensure that each phase will independently function in a safe, convenient, and efficient manner without being dependent upon subsequent improvements in a later phase or on other sites.

p.

Coordination with Adjacent Sites. All site features including circulation, parking, building orientation, landscaping, lighting, utilities, common facilities, and open space shall be coordinated with adjacent properties.

q.

Barrier-Free Access. All developments shall comply with applicable Federal and State laws and regulations regarding barrier-free access.

r.

Woodland and Tree Preservation. The site plan shall demonstrate compliance with the Woodland, Tree, and Vegetation Preservation Ordinance.

Repealed 3/22/2001

Repealed 7/22/2010

The following standards apply wherever an Established Residential Building Pattern is specified as the basis for determining required setbacks. The intent of these regulations is to ensure uniformity in terms of setbacks, to protect existing views for all residents, to provide setbacks that generally follow the natural contour of the waterfront or curve of the road, and to avoid the appearance of crowded housing along a waterway or street front.

1.

Determination that an Established Residential Building Pattern Exists. The Building Official shall have the authority to determine if an Established Residential Building Pattern exists in a particular location. The Building Official may consult with the Planning Consultant or other experts as authorized by the mayor. In making such a determination, the Building Official shall examine the general alignment and orientation of houses, existing setbacks of houses, contour of the waterfront and/or road, and similar considerations that may reflect the presence of an existing uniform setback pattern.

2.

Waterfront Setback. The required waterfront setback shall be based on the Established Residential Building Pattern (ERBP), if the Building Official determines that such a pattern exists. The ERBP for a particular parcel shall be determined by drawing a straight line between the adjacent homes on each side of the subject parcel, provided that the adjacent houses are within five hundred (500') feet of the subject parcel. This straight line is the required waterfront setback on the subject parcel.

The following criteria shall be used to determine where the straight ERBP line should be drawn:

a.

On the exterior face of each adjacent home identify the point that is closest to the water's edge. Connect these two points to establish the ERBP line. The water's edge shall be based on the legal water level of the lake or other body of water.

b.

Boat houses, swimming pools, tennis courts, decks, patios, porches and similar accessory structures or attachments shall be disregarded when determining the ERBP.

c.

If an adjacent house in Zone 2, 3, and 4 is closer than 75 feet to the water's edge or if an adjacent house in Zone 1 is closer than 55 feet, or if there is no adjacent house within five hundred (500') feet, then the following criteria shall be used to determine the point from which the straight ERBP line should be drawn:

i.

Draw a line more-or-less parallel to the side lot lines bisecting said adjacent parcel.

ii.

Locate the point on the bisecting line that is 75 feet from the water's edge in Zone 2, 3, or 4, or 55 feet from water's edge in Zone 1.

d.

If the Building Official determines the ERBP does not exist, then the minimum required waterfront setback on the subject parcel shall be 75 feet in Zones 2, 3, and 4, and 55 feet in Zone 1.

3.

Front Setback. The required front setback shall be based on the Established Residential Building Pattern along the road, or the minimum front setback specified in Article XIII, whichever is greater. The Established Residential Building Pattern along the road shall be equal to ninety percent (90%) of the average front yard setbacks of the immediate adjacent dwellings within two hundred (200') feet on each side of the subject parcel on the same side of the street, subject to the following requirements:

a.

In no case shall the front yard setback exceed the Established Residential Building Pattern computed above by more than ten percent (10%). This requirement shall apply to non-waterfront parcels only. For the purposes of this subsection only, the front yard setback shall be the distance between the front lot line and the nearest exterior building wall, provided that the building wall shall enclose interior building space (for example, a wing wall or a wall that delineates an open courtyard shall not be used to determine setback for the purpose of this subsection). See Section 4.09 for yard encroachments.

b.

In the event that one of the adjacent parcels is vacant, the minimum front yard setback specified in Article XIII shall be used to calculate the Established Residential Building Pattern along the road.

c.

The front setback of an adjacent structure shall be measured at the shortest distance between the structure's exterior surface or projection and the front lot line.

Condominium developments shall be permitted subject to the following requirements:

1.

Regulatory Intent and Applicability. All condominium projects shall comply with the requirements of this section and all other applicable regulations of this Ordinance. The intent of this section is to review and regulate proposed condominium developments in the same manner and subject to the same standards that other similar non-condominium projects are reviewed and regulated in the City. Accordingly, condominium projects shall be subject to the following regulations:

A.

Site Condominiums. Site condominiums shall be subject to all applicable requirements for the zoning district in which condominiums are located. These regulations shall be applied by requiring the site condominium unit and a surrounding limited common element to be equal in size to the minimum lot size and lot width requirements for the district in which the project is located. The site condominium unit shall be equivalent to the area of the lot where a principle building can be constructed and there shall be a limited common element associated with each site condominium unit which shall be at least equivalent to the minimum yard area requirements. In addition, site condominium projects shall comply with applicable design and construction requirements set forth in Section 6 and 7 of the Plat and City's Subdivision Control Ordinance, Ordinance No. 4.01, (as amended, including requirements for street, blocks, lots, and utilities).

B.

Detached Condominium. Detached condominiums shall be subject to all applicable requirements for the zoning districts in which the condominiums are located. These regulations shall be applied by requiring that the detached condominium units comply with the requirements governing minimum distance between buildings, attachment of buildings, and other applicable requirements for the district in which the projects shall not exceed the maximum permitted density for the districts in which the project is located, as determined on the basis of minimum lot size standards in Article XIII. In addition, detached condominiums shall be subject to all applicable requirements for the zoning district in which the condominiums are located, including minimum floor area requirements, regulation governing the distance between buildings, attachment of buildings, and other requirements as set in this Ordinance.

C.

Attached Condominiums. Attached condominiums shall be subject to all applicable requirements for the zoning district in which the condominiums are located, including minimum floor area requirements, regulations governing the distance between buildings, attachment of buildings, and other requirements as set forth in this Ordinance.

2.

Review Procedures.

A.

Condominium Projects Involving New Construction. Prior to the recording of the Master Deed, condominium projects involving new construction or expansion to include additional land in a new phase shall undergo site plan review pursuant to Section 4.33 of this Ordinance. The procedures outlined in Section 4.33, sub-section B, shall be complied with, except that the City Council shall take final action on any site condominium or detached condominium proposal, following recommendation by the Planning Commission.

B.

Condominium Project Not Involving New Construction. Site plan review shall not be required for a condominium project which involves only the conversion of an existing approved development to condominium form and which does not involve any new construction. However, prior to recording the Master Deed, the applicant shall submit copies of the Master Deed, restrictive covenants, and condominium bylaws to the office of the City Clerk for review and approval by the City Attorney.

C.

Revision to an Approved Master Deed. Prior to revision to an approved and/or recorded Master Deed, restrictive covenants, or condominium bylaws, copies of the proposed revised documents shall be submitted to the City Clerk for review and approval by the City Council, following recommendation by the City Attorney. The Master Deed shall contain provisions to the Master Deed and other condominium documents.

D.

Public Hearing Requirements. A public hearing shall be held only if such a hearing would have been required for the same project if it had not been proposed to be a condominium project. For example, a public hearing shall be required if the condominium project involves a special land use, in which case the public hearing requirements in Article XIV shall be complied with.

E.

Review by Outside Agencies and Consultant. Condominium projects involving new construction shall require the review and approval of the following agencies and consultant prior to final approval by the City.

i.

The Oakland County Road Commission, if any part of the subject includes or abuts a street or road that is under the jurisdiction of the County.

ii.

The City Engineer and the City's Department of Public Works.

iii.

Agencies having jurisdiction over the proposed water and sanitary systems, including where applicable the Oakland County Health Department, the Michigan Department of Natural Resources, and the Michigan Department of Health.

iv.

Other State, County, or local agencies having jurisdiction over specific aspects of the project, such as wetlands, storm drainage, soil erosion and sedimentation, and utilities.

F.

Notice to the City. Pursuant to Section 71 of Public Act 59 of 1978, as amended, written notice shall be provided to the City not less than ten (10) days before taking reservations under a preliminary reservation agreement for a unit in a condominium project, recording of a Master Deed for a project, or beginning construction of a proposed condominium project.

3.

Application Requirements. In addition to the requirements in Section 4.33 of this Ordinance and the requirements specified on the Site Plan Review checklist, the information listed below shall be included on or attached to all condominium site plans.

A.

The name, address, and telephone number of:

i.

All persons with an ownership interest in the land on which the condominium project will be located together with a description of the nature of each entity's interest (for example, fee owner, optionee, leaseholder, or land contracts vendee).

ii.

All engineers, attorneys, architects or registered land surveyors associated with the project.

iii.

The developer or proprietor of the condominium project.

B.

The purpose of the project (for example, residential, commercial, industrial, etc.)

C.

Number of condominium units to be developed.

D.

A site plan, drawn to scale, which shows the layout and boundaries of condominium units, limited common elements, and general common elements.

E.

Condominium documents, including the proposed Master Deed, restrictive covenants, and condominium bylaws.

F.

A schedule for completing the condominium project, including the phasing or timing of all proposed improvements.

G.

Condominium subdivision plan requirements, as specified in Section 66 of Public Act 59 of 1978, as amended, and Rule 401 of the Condominium Rules promulgated by the Michigan Department of Commerce, Corporation and Securities bureau.

H.

In the case of proposed site condominium or detached condominium project, the following information shall be submitted.

i.

Proposed name of the development.

ii.

An area map showing the general relationship of the proposed development to the surrounding area within one-half mile, drawn at a scale of not less than one (1") inch = 800 feet. The area map shall show the topography drawn at two (2') feet contour intervals, based on U.S.G.S. datum.

iii.

Property lines of adjacent tract of subdivided or un-subdivided land shown in relation to the tract being proposed for development, including those areas across abutting roads.

iv.

Location, width, and names of existing streets, private roads and public easements within or adjacent to the tract being proposed for development, including those areas across abutting roads.

v.

Location of existing sewer, water mains, storm drains, and other underground and above ground utilities within or adjacent to the tract being proposed for development.

vi.

Layout of proposed streets indicating proposed street names, rights-of-way widths, cross-sections, and connections to adjoining streets.

vii.

Location of alleys, easements and walkways within or adjacent to the tract being proposed for development.

viii.

Information concerning the proposed sanitary sewer system, including the location of sewer lines.

ix.

Information concerning the proposed water supply system, including the location of water supply lines and wells, where applicable.

x.

Proposed storm water and drainage system, including retention and detention areas.

4.

Master Deed, Condominium Bylaws, "As-Built" Survey and Mylar Copy. Upon approval of the site plan for a condominium project involving new construction, the condominium project developer or proprietor shall furnish the City with the following:

A.

One (1) copy of the recorded Master Deed.

B.

One (1) copy of any Condominium Bylaws and restrictive covenants.

Upon completion of the project, the condominium project developer or proprietor shall furnish the City with the following:

i.

Two (2) copies of an "as built survey".

ii.

One (1) copy of the site plan on a Mylar sheet of at least thirteen by sixteen (13" × 16") inches with an image not to exceed ten and one-half by fourteen (10 ½" × 14") inches.

The as-built survey shall be reviewed by the City Engineer for compliance with City Ordinance. Fees for this review shall be established by the City Council.

5.

Issuance of Permits. A building permit for a structure in a proposed condominium project shall not be issued until evidence of a recorded Master Deed has been provided to the City. However, the Building Official may issue permits for site grading, erosion control, installation of public water and sewage facilities, and construction of roads prior to recording of the Master Deed. No permit issued or work undertaken prior to recording of the Master Deed pursuant of this Section shall grant any rights or any expectancy interest in the approval of the Master Deed.

6.

Monuments Required. All condominium projects shall be marked with monuments as required by the Condominium Rules promulgated by the Michigan Department of Commerce, Corporation and Securities Bureau.

7.

Temporary Occupancy. The Building Official may allow occupancy of a condominium project before all improvements required by this Ordinance are installed, provided that a bond is submitted that is sufficient in amount and type to provide for the installation of all improvements without expense to the City, before expiration of the Temporary Occupancy Permit.

8.

Performance Guarantee. The Planning Commission, City Council, or Building Official may require that a performance guarantee be deposited with the City to insure faithful completion of improvements, in accordance with Section 15.09. Improvements that shall be covered by the performance guarantee include, but are not necessarily limited to: landscaping, open space improvements, streets, and sidewalks.

9.

Continued Maintenance. The Master Deed shall contain provisions describing the responsibilities of the condominium association, condominium owners, and public entities, with regard to maintenance of the property in accordance with the approved site plan on a continuing basis. The Master Deed shall further establish the means of permanent financing required maintenance and improvement activities which are the responsibility of the condominium association. Failure to maintain an approved site plan shall be deemed in violation of the use provisions of this Ordinance and shall be subject to the same penalties appropriate for a use violation.

A.

Enforcement.

1.

Application. An application for a fence permit shall be submitted on forms provided by the Building Official. The application shall be accompanied by a site plan, drawn to scale, which shall be prepared by a registered surveyor. The plan shall be dimensioned and show the location of the proposed fence. In addition, stakes shall be in place on the property to designate property lines. The application shall be accompanied by payment of a fee, the amount of which shall be established from time to time by the City Council.

2.

Review of Application. The Building Official shall review the application for a fence proposal to determine compliance with the zoning ordinance and applicable City Codes.

3.

Permit. Following review and approval of a fence application, the Building Official shall have the authority to issue a fence permit.

4.

Existing Fences. An existing fence shall not be altered or relocated except in conformity with the provisions of this ordinance and subject to a permit being issued. However, a permit shall not be required for ordinary servicing or repainting of an existing fence.

B.

General Requirements.

1.

Applicable Codes. All fences constructed in the City of Orchard Lake Village shall be constructed in accordance with the requirements of the State of Michigan Residential Code and/or the Michigan Building Code.

2.

Fence Materials. Fences that carry electric current are prohibited. Fences containing exposed nails, spikes, broken glass or barbed wire are also prohibited.

3.

Obstruction to Use of Adjoining Property. A fence shall not be erected where it would prevent or unreasonably obstruct the use of an adjacent property, nor shall a fence be erected where it would obstruct or prevent the safe use of an existing driveway that provides access to the adjacent property. In enforcing this requirement, the Building Official may require a fence to be set back a minimum distance from a driveway or property line.

4.

Obstruction of Sight. No fence shall be erected that would obstruct the view while approaching an intersection of two roads or the intersection of a road and a driveway.

5.

Fence Maintenance. Fences shall be maintained in good condition. Rotten or broken components shall be replaced, repaired, or removed, and surfaces shall be painted, stained or similarly treated.

6.

Fences Enclosing Utility Facilities. In the interest of public safety, it is necessary to control entry into facilities, stations, and yards housing utilities and to protect resources that are vital to the well-being of the general public. Therefore, utilities are permitted to fence their facilities as necessary, regardless of the zoning district in which they are located, subject to review and approval by the Building Official.

C.

Fences in Residential Districts

1.

Location. Permitted fence locations are noted in the following chart:

Fences shall be located on the parcel of land owned by the person constructing the fence. However, a fence may be constructed on the property line if agreed to in writing by the adjoining property owner.

2.

Height. Fences shall not exceed four (4) feet in height above grade in residential districts.

3.

Fences Enclosing Public Areas. Fences that enclose parks, playgrounds, an d similar public areas located within developed residential areas shall not exceed six (6) feet in height.

4.

Entrance Gates. An entrance gate may be permitted within the required front setback to control driveway ingress and egress onto a parcel of property, subject to the following conditions:

a.

Front Setback. Entrance gates may be permitted in the front setback only on residentially-zoned properties that abut Commerce Road or Pontiac Trail. Such gates shall be set back at least twenty-five (25) feet from the nearest edge of road pavement, provided that any such gate shall be located entirely on private property, outside of the road right-of-way. Entrance gates on roads other than Commerce Road and Pontiac Trail shall comply with the minimum front yard setback requirements for the district in which they are located or the Established Residential Building Pattern (ERBP), whichever is greater.

b.

Side Setback. Entrance gates and pillars shall be set back a minimum of one (1) foot from any side property line, provided that a certified property line survey shall be required if an entrance gate is proposed within five (5) feet of a side property line.

c.

Materials. Entrance gates shall be constructed of wrought iron or shall have the appearance of wrought iron. The gates shall be anchored on each side of the driveway to a pillar, which shall be constructed of stone, brick, or similar masonry materials, but not including exposed concrete block.

d.

Dimensions. Gates and pillars shall not exceed a height of six (6) feet. The footprint of any pillar shall not exceed fifteen (15) square feet. Entrance gates shall have vertical pickets no wider than one (1) inch, and pickets shall be spaced a minimum of four (4) inches apart. The horizontal support rails shall be no wider than four (4) inches. Pillars shall be located a sufficient distance apart to provide a minimum opening of fifteen (15) feet when the gates are open.

e.

Opacity. Gates shall have maximum opacity of twenty percent (20%), i.e., the gate shall not obstruct vision to a greater extent than 20% of its total area.

f.

Colors. Gates shall be black in color. Street numbers attached to a gate or pillar may be any color desired, but must comply with the adopted Building Code and or adopted Property Maintenance Code.

g.

Lighting. A light fixture may be attached to the top of any pillar, provided that the fixture height is not greater than two (2) feet, and provided further that the fixture complies with the Illumination Control Ordinance, General Ordinance, Chapter 18, Article VI.

h.

Permit Required. Prior to construction of an entrance gate and pillar, plans shall be submitted to the Building Official for review and to obtain proper permits. Details concerning proposed footing and/or foundation shall be provided to demonstrate that the pillars will be structurally stable, giving consideration to the weight of the gates, depth of the frost line, character of the soils, and other pertinent structural concerns.

i.

Security Devices. Any security entrance gate shall comply with the following requirements:

i.

Security entrance gates that are locked shall have coded electronic touch pad controls.

ii.

Codes for such touch pad controls shall be filed with the City of Orchard Lake Police Department, and the owner, possessor, or occupant of the property in question shall insure that the Police Department has the current code at all times.

iii.

The touch pad control system shall provide a method of preventing the gate from closing during the utilization by emergency providers, police or fire agencies.

iv.

The touch pad control system shall have a battery back up to insure the gate can be operational during power outages.

5.

Swimming Pool Fences. Fences surrounding swimming pools shall be subject to the requirements in the adopted Building Code.

D.

Fences in Non-Residential Districts.

1.

Location. Fences shall be permitted in the side or rear yards of non-residential districts, provided that no fence shall extend toward the front of the lot any further than any portion of the principal structure.

2.

Height. Fences in non-residential districts shall not exceed six (6) feet in height.

E.

Natural Fences and Natural Barriers. The purposes of the regulations in this sub-section are to permit use of trees, shrubs, and other plant materials to enclose or screen areas, without impeding scenic views of public lands or waterways from adjacent properties. Natural fences and barriers shall comply with applicable regulations in the Landscaping Ordinance, General Ordinance Chapter 18, Article X.

1.

Natural Fences and Barriers in the Waterfront Yard. Natural fences and barriers shall be permitted in the area between a dwelling unit and the water's edge, subject to the following:

a.

Natural fences shall be allowed to grow no higher than thirty (30") inches and shall not be planted closer than thirty-five (35') feet to the water's edge.

b.

Subject to the provisions in the following subsection 2.a., natural barriers shall not extend closer than thirty-five (35) feet to the water's edge, except that replacement of plantings within an existing natural barrier shall be permitted regardless of the setback from the water's edge.

2.

Natural Fences and Barriers in the Side Yard on Waterfront Property. Natural fences and barriers may be permitted in the side yard of waterfront parcels, subject to the following conditions:

a.

Where there are dwelling units on adjacent parcels, such fence or barrier may extend from the corner, as projected perpendicular to the property of the dwelling that is closest to the road, to the corner as projected perpendicular to the property line of the dwelling unit that is closest to the water.

b.

Such fence or barrier shall be permitted without restriction on height.

c.

Such fence or barrier shall be located totally on the parcel of land owned by the person responsible for the planting. However, such fence or barrier may be planted on the property line if agreed to in writing by adjoining property owners.

d.

Such fence or barrier shall be maintained in a neat and orderly appearance on both sides by the person responsible for the plantings, unless the owner of the adjacent property agrees to share the maintenance responsibility.

(Ord. of 5-20-2019)

A.

Sidewalks Required. For all developments in Zone 5 and 6, a new public sidewalk or safety path shall be constructed by the developer or property owner in accordance with City Engineering Standards along any road rights-of-way. In the event that sidewalks or safety paths already exist, they shall be repaired or constructed as necessary.

B.

Location and Width. Sidewalks shall be five (5') feet in width and shall be located one (1') foot off the property line if the road rights-of-way is greater in width than the existing rights-of-way, in which case the sidewalk shall be located one (1') foot inside the planned rights-of-way. The Planning Commission may modify this requirement in consideration of the location of utilities, existing landscaping, or other site features.

C.

Design Standards. Sidewalks shall be constructed of concrete in accordance with established engineering standards of the City. Sidewalks need not to be continuous across driveways. However, where a sidewalk abuts a driveway, road, or crosswalk, the sidewalks should be sloped to meet the grade of the abutting driveway, road or crosswalk to provide a continuous paved surface.

D.

Alignment with Adjacent Sidewalks. Sidewalks shall be aligned horizontally and vertically with existing sidewalks on adjacent properties. The Planning Commission may modify this requirement if existing adjacent sidewalks are not constructed in conformance with the standards set forth herein.

E.

Signage. The Planning Commission may require installation of signage for the purposes of safety where it is necessary to separate vehicular traffic of the presence of the sidewalks.

F.

Maintenance. The owner of the property which fronts on the sidewalks shall be responsible for maintenance of the sidewalk, including patching cracked or deteriorated pavement, snow removal, and removal of grass and other debris.

The property owner shall be liable for damages in the event that a person is injured while using a sidewalk that said property owner has not properly maintained.

G.

Permits. It shall be the responsibility of the owner or developer to secure any required permits from the Road Commission of Oakland County to allow sidewalk construction in the road rights-of-way, when necessary.

A.

PURPOSE AND INTENT. It is the intent of the City of Orchard Lake Village to carry out the will of the United States Congress and the State of Michigan by permitting facilities needed to operate wireless communication facilities. It is further the intent of the City to provide for such authorization in a manner that will retain the integrity of residential areas and the character, property values, and aesthetic quality of the community at large.

The City Council of the City of Orchard Lake Village finds that the presence of numerous tower structures, particularly if located in or near residential areas, would decrease the attractiveness and destroy the character and integrity of the community. This, in turn, would have an adverse impact upon property values.

Therefore, it is necessary to minimize the adverse impact from the presence of numerous tall towers having low architectural and aesthetic appeal to most persons, recognizing that the absence of regulation would result in a material impediment to the maintenance of property values, and further recognizing that this economic concern is an important part of the public health, safety and welfare.

These regulations have been drafted in recognition that the adverse impact of towers is greater in Orchard Lake Village because the City contains only four square miles, of which forty-two percent (42%) is occupied by open water and thirty-eight percent (38%) is occupied by residential uses. There is a limited amount of non-residential land so it is not feasible to erect towers without adversely affecting the attractiveness and appeal of residential areas and natural features.

It is further the purpose of this Section to:

1.

Provide adequate sites for wireless communication facilities.

2.

Ensure that wireless communication facilities are situated in appropriate locations and relationships to other land uses, structures and buildings.

3.

Comply with the requirements concerning wireless communication facilities set forth in Michigan Public Act 110 of 2006, as amended, the Michigan Zoning Enabling Act.

4.

Promote the public health, safety and welfare.

5.

Provide a means to obtain adequate information about plans for wireless communication facilities so the City can effectively plan for such facilities.

6.

Minimize the adverse impacts of wireless communication facilities by requiring removal of unused or unnecessary facilities in a timely manner.

7.

Minimize the negative visual impact of wireless communication facilities on neighborhoods, community landmarks, historical sites and buildings, the natural beauty of the City, and public rights-of-way. This contemplates the establishment of as few wireless communication towers as reasonably feasible, maximum use of towers through colocation, and avoidance of lattice towers.

8.

Protect the City so that, in comparison to surrounding communities, it does not proportionately bear the burden of providing wireless communication facilities.

B.

AUTHORIZATION TO INSTALL WIRELESS COMMUNICATION FACILITIES. Wireless communication facilities shall be permitted subject to the regulations and conditions set forth herein.

C.

DEFINITIONS.

1.

Class A Facilities. Wireless communications equipment is a permitted use of property and is not subject to special land use approval or any other zoning approval if all of the following requirements are met:

a.

The wireless communications equipment will be colocated on an existing wireless communications support structure or in an existing equipment compound.

b.

The existing wireless communications support structure or existing equipment compound is in compliance with the City Zoning Ordinance or was approved by the City Planning Commission.

c.

The proposed colocation will not do any of the following:

1)

Increase the overall height of the wireless communications support structure by more than twenty (20) feet or ten percent (10%) of its original height, whichever is greater.

2)

Increase the width of wireless communications support structure by more than the minimum necessary to permit colocation.

3)

Increase the area of the existing equipment compound to greater than 2,500 sq. ft.

d.

The proposed colocation complies with the terms and conditions of any previous final approval by the Planning Commission and City Council.

2.

Class B Facilities. Wireless communications equipment is subject to special land use approval, in accordance with Section 15.08 of the Zoning Ordinance, if the equipment does not meet requirements "c" and "d" under Class A Facilities, but the equipment meets all of the following requirements:

a.

The wireless communications equipment will be colocated on an existing wireless communications support structure or in an existing equipment compound.

b.

The existing wireless communications support structure or existing equipment compound is in compliance with the City Zoning Ordinance or was approved by the City Planning Commission.

3.

Class C Facilities. Wireless communication equipment is subject to special land use approval, in accordance with Section 15.08 of the Zoning Ordinance if the proposal does not involve colocation alone (e.g., a new facility).

4.

"Colocate" means to place or install wireless communications equipment on an existing wireless communications support structure or in an existing equipment compound.

5.

"Equipment compound" means an area surrounding or adjacent to the base of a wireless communications support structure and within which wireless communications equipment is located.

6.

"Wireless communications equipment" means the set of equipment and network components used in the provision of wireless communications services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cables, and coaxial and fiber optic cables, but excluding wireless communications support structures.

7.

"Wireless communications support structure" means a structure that is designed to support, or is capable of supporting, wireless communications equipment, including a monopole, self-supporting lattice tower, guyed tower, water tower, utility pole, or building.

D.

APPROVAL PROCEDURES. The following procedures have been established to achieve approval of a proposed wireless communications facility:

1.

Class A Facilities. Class A Wireless communication equipment proposals require no zoning approval. However, plans for Class A improvements shall be submitted to the City. Depending on the scope of improvements, building and/or electrical permits may be required.

2.

Class B Facilities. Class B wireless communication equipment proposals require special land use approval. Accordingly, such proposals are subject to the procedures and requirements in Sections 4.33 and 15.08 and the following special procedures and requirements.

a.

The applicant shall submit a $1,000 fee with the application and plans.

b.

Within 14 days of submittal, the Director of City Services or his/her designee shall determine if the application is administratively complete.

c.

The final decision by the City Council shall be incorporated into a Statement of Conclusions.

d.

Special land use review must be completed within sixty (60) days after the application is considered administratively complete.

3.

Class C Facilities. Class C wireless communication equipment proposals require special land use approval. Accordingly, such proposals are subject to the procedures outlined for Class B Facilities, except that in subsection D(2)d the special land use review must be completed not more than ninety (90) days after the application is considered administratively complete.

E.

REQUIREMENTS AND CONDITIONS. All applications for wireless communication facilities shall be reviewed in accordance with the standards in this Ordinance that apply generally to site plan review and special land use review, and subject to the following requirements and conditions. If approved, such facilities shall be constructed and maintained in accordance with such requirements and conditions and any additional conditions imposed by the Planning Commission and City Council.

1.

Public Health and Safety. Facilities and/or support structures shall not be detrimental to the public health, safety and welfare.

2.

Harmony with Surroundings. Facilities shall be located and designed to cause minimal visual distraction, minimize impact on driver visibility, maximize aesthetic appearance, and achieve harmony with surroundings. Wherever feasible, facilities shall be designed to be concealed.

3.

Compliance with Federal and State Requirements. Wireless communication facilities shall comply with applicable federal and state requirements, including requirements promulgated by the Federal Aviation Administration (FAA), Federal Communication Commission (FCC), and Michigan Aeronautics Commission, as well as requirements set forth in the Michigan Zoning Enabling Act (P.A. 110 of 2006, as amended). Wireless communication support structures shall comply with all applicable building codes.

4.

Maximum Height. Applicants shall demonstrate a justification for the proposed height of the support structure, including an evaluation of alternative designs that may result in lower heights. The maximum height of a new or modified support structure shall be the minimum height demonstrated to be necessary for reasonable communications by the service provider (and by other entities that may wish to colocate on the structure). The buildings, cabinets, and other accessory structures shall not exceed the maximum height for accessory structures in the zoning district in which the facility is located.

5.

Minimum Setbacks. The minimum setback of a new or modified support structure from any residential zoned district or existing or proposed right-of-way or other publicly traveled road shall be no less than the total height of the structure and attachments thereto.

a.

Where the proposed new or modified support structure abuts a parcel of land zoned for a use other than residential, the support structure shall comply with the required setbacks for principal buildings specified in the Schedule of Regulations for the zoning district in which the facility is located.

b.

Buildings and facilities accessory to the wireless communication facility (other than the support structure) shall comply with the required setbacks for principal buildings specified in the Schedule of Regulations for the zoning district in which the facility is located.

6.

Access. Unobstructed permanent access to the support structure shall be provided for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. The permitted type of surfacing, dimensions and location of such access route shall be subject to approval by the Planning Commission, based on evaluation of the location of adjacent roads, layout of buildings and equipment on the site, utilities needed to service the facility, proximity to residential districts, disturbance to the natural landscape, and the type of vehicles and equipment that will visit the site.

7.

Division of Property. The division of property for the purpose of locating a wireless communication facility shall be permitted only if all zoning requirements, including lot size and lot width requirements are met.

8.

Equipment Enclosure. If an equipment enclosure is proposed as a building or ground-mounted structure, the building design shall be "residential" in character, having a roof with gable and brick exterior. The structure shall comply with the setbacks and other requirements specified for principal buildings in the Schedule of Regulations for the zoning district in which the facility is located. If an equipment enclosure is proposed as a roof appliance on a building, it shall be designed, constructed and maintained to be architecturally compatible with the principal building.

9.

Design Objectives. The support structure and all accessory buildings shall be designed to minimize distraction and visual impact, minimize impact on driver visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. Support structures shall not have lights unless required otherwise by the Federal Aviation Administration (FAA) or Michigan Bureau of Aeronautics. No signs or logos visible from off-site shall be permitted on a support structure.

10.

Fencing. Wireless communication facilities shall be enclosed by a fence having a height of six (6) feet. Barbed wire is not permitted.

11.

Structural Integrity. Wireless communication facilities and support structures shall be constructed and maintained in structurally sound condition, using the best available technology, to minimize any threat to public safety.

12.

Maintenance. A plan for the long term, continuous maintenance of the facility shall be submitted. The plan shall identify who will be responsible for maintenance, and shall include a method of notifying the City if maintenance responsibilities change.

F.

REMOVAL.

1.

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 one or more of the following events:

a.

When the facility has not been used for one hundred eight (180) days or more. For purpose 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.

b.

Six (6) months after new technology is available at reasonable cost, as determined by the City Council, which permits the operation of the communication system without the requirement of the support structure.

2.

The situations in which removal of a facility is required, as set forth in paragraph (1) above, may be applied and limited to portions of a facility.

3.

Upon the occurrence of one or more of the events requiring removal, within thirty (30) days the property owner or persons who had used the facility shall apply for any required demolition or removal permits, and proceed with and complete the demolition, removal, and site restoration.

4.

If the required removal of a facility or a portion thereof has not been lawfully completed within sixty (60) days of the applicable deadline, and after at least thirty (30) days written notice, the City 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 and/or enforced from or under the security posted.

5.

Security shall be posted, subject to the requirements in sub-section (H)(4), to assure proper removal.

G.

BUSINESS LICENSE REQUIREMENTS. A business license is required to operate a wireless communication facility in the City of Orchard Lake Village. The owner or operator of such a facility shall apply for such a license in accordance with the procedures and requirements in the City's Licensing Ordinance, Ordinance No. 10.01.

H.

APPLICATION REQUIREMENTS.

1.

Site Plan and Special Land Use Review. If required, a site plan prepared in accordance with Section 4.33 shall be submitted, showing the location, size, screening and design of all buildings, outdoor equipment, and structures, including towers. If special land use review is required, approval procedures and standards in Section 15.08 shall be followed. Class B and Class C proposals shall be accompanied by a $1,000 review fee.

2.

Landscape Plan. A landscape plan shall be submitted with Class B and Class C proposals illustrating the number, species, location, and size at the time of planting of all proposed trees and shrubs. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings and enclosure.

3.

Structural Specifications. Structural specifications for the support structure and foundation shall be submitted for review. The structural specifications shall state the number of various types of antennae capable of being supported on the structure. Structural plans shall be sealed by a registered professional engineer having proper credentials. Structural plans shall be subject to review and approval by the City Engineer.

4.

Security. The application shall include a description of security to be posted immediately upon issuance of a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed, as previously noted. The applicant may choose any of the following forms of security: a) Cash, b) Surety bond, or c) Letter of credit.

In addition, the applicant shall annually submit a written commitment in a form approved by the City Attorney and recordable at the office of the Oakland County Register of Deeds, that accomplishes the following: a) Provides a commitment from the applicant and the owner of the property to remove the facility in a timely manner as required herein, b) Requires that the property be restored to the condition it was in prior to installation of the facility, and c) Acknowledges that the applicant and owner shall be responsible for the payment of any costs and attorney's fees incurred by the City in securing removal. In the event that a facility is sold, security and a written commitment as described herein shall be required of the new owner.

5.

Service Area Documentation. Class C proposals shall include a map showing existing and known proposed wireless communication facilities in the City and in surrounding areas to help determine need for the facility and colocation potential. If such information is on file with the City, the applicant shall be required only to update as needed. Any such information that is a trade secret and/or other confidential commercial information which, if released would result in commercial disadvantage to the applicant, may be submitted with a request for confidentiality in connection with the development of governmental policy {MCL 15.243(l)(g)}. This ordinance 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 City.

6.

Contact Person. The application shall include 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.

The requirement in this Section shall apply to boats of any type (motor craft or sailboat) that are over fourteen (14') feet in length. No more than two (2) boats shall be stored on any residentially-zoned lot or parcel, provided that no such boat shall exceed thirty (30') feet in length and ten (10') feet in height, and provided further that, where feasible, such boats shall be stored in a location that is screened from view from the road. Boats may be stored on trailers.

1.

For the purpose of this section, "eligible parcels" shall near any undeveloped and residentially-zoned parcels of land. "Open space option" shall mean the development option described in this section.

2.

Eligible parcels of land may be developed, at the option of the landowner, with the same number of dwelling units on a smaller portion of land than could otherwise be developed under the provisions of this Ordinance if all of the following apply:

a.

Not less than twenty percent (20%) of the land area of the eligible parcels will remain perpetually in an undeveloped state by means of a conservation easement, restrictive covenant, or other legal means that runs with the land.

b.

The open space option has not previously been exercised with respect to the subject parcels.

3.

The development of the land under the open space option is subject to all other applicable ordinance, laws, and rules.

A.

Purpose. The City Council of the City of Orchard Lake Village has determined that the establishment of outdoor dining will promote the public interest by creating an attractive pedestrian environment of its businesses during the day and evening and will foster a pleasant and distinctive ambience within the City. The purpose of this Section is to establish appropriate regulations, to regulate this activity, and to ensure that the health, safety, and welfare of the City are protected.

B.

Definition. "Outdoor Dining" means any outdoor eating area or similar food service accessory to a restaurant or business providing food and/or drink.

C.

Permitted Uses. Outdoor dining is a permitted use when accessory to a restaurant, subject to site plan review. Retail food establishments that do not provide table service may operate outdoor dining where patrons carry their food from inside the premises to tables located outside are also subject to site plan review.

D.

Application for a Permit. An application for an outdoor dining permit shall be on a form provided by the City and shall require at least the following:

a.

The name, mailing address, and telephone number of the applicant and the owner of the property (if different from the applicant).

b.

A drawing to scale of the site indicating the following:

i.

The layout and dimensions of the proposed outdoor dining facility.

ii.

The points of ingress and egress.

iii.

The proposed locations of tables.

iv.

Chairs.

v.

Serving equipment.

vi.

Railing, refuse containers, and awnings.

vii.

Umbrellas and other facilities to be included in the seating area.

The plan should indicate the nearest restroom facilities intended to serve the outdoor dining area. If electricity is to be provided, the locations of electrical lines and fixtures shall be noted, if the proposed outdoor dining facility is to be on a sidewalk, then the drawing must also include the locations of existing nearby public improvements, including street signs, street lights, mail boxes, trees, planting boxes, etc.

c.

A copy of a valid Health Division permit.

d.

If alcohol is to be served, a copy of a valid State of Michigan liquor license.

e.

Application and permit fees.

f.

The Building Official shall review the site plan and related documents to determine compliance with the Building Code and Zoning Ordinance.

g.

A permit may be issued by the Building Official upon approval of a site plan by the Planning Commission. The site plan shall be prepared in accordance with this sub-section.

E.

Period of Validity. Permits shall remain valid for a period of one (1) year from the date of issuance. A permit may be renewed for subsequent one (1) year periods, subject to Building Official approval, provided that the outdoor dining facility has maintained compliance with the terms and conditions of the original approval, as well as with the regulations contained in this section of the Zoning Ordinance, Section 4.43, Outdoor Dining, in effect at the time of renewal, or in the case of a new owner/operator, reapplication must be made to the City. In the event that an outdoor dining facility has not maintained compliance, the renewal of the permit shall require a new site plan approval under the Zoning Ordinance then in effect.

F.

Safety and Access.

a.

An outdoor dining facility shall not obstruct any fire exit fire escape, or other required means of ingress and egress.

b.

Outdoor dining facilities located on a sidewalk shall maintain an unobstructed sidewalk width of at least five (5') feet.

c.

Outdoor dining facilities shall not be permitted to obstruct the sight distance of vehicular or pedestrian traffic.

d.

Outdoor dining facilities shall not interfere with any public service facility, such as a mailbox or street furniture (e.g. public benches, planters, etc.).

e.

Outdoor dining facilities shall not be located within fifty (50') feet of any residentially zoned property.

G.

Indemnification, Insurance. The owner of an outdoor dining facility shall indemnify and hold harmless the City and its agencies and employees from any liability arising from the existence of the facility and shall provide insurance protecting the City and public from such claims, as deemed appropriate by the City Attorney.

H.

Barrier Free Access. An outdoor dining facility shall at all times comply with applicable Federal, State and City laws and regulations concerning accessibility and non-discrimination of service.

I.

Hours or Operation. Outdoor dining facility operations must end at or before the close of business, or by 11:00 p.m., whichever is earlier.

J.

Alcohol Consumption. The sale and consumption of alcoholic beverages in an outdoor dining establishment shall be restricted by the liquor license governing the restaurant. Any seating area where alcoholic beverages are to be served, sold, or consumed shall be enclosed by a railing and shall be supervised at all times by an employee of the restaurant. No alcoholic beverages may be removed from the outdoor dining area, except to the interior of the restaurant or as may be otherwise permitted by law.

K.

Quality of Furnishings. Outdoor furnishings, objects and finishes shall be of quality design, materials, and workmanship, both to ensure the safety and convenience of users and to enhance the visual and aesthetic quality of the environment, subject to approval of the site plan.

L.

Signs. No sign shall be allowed at any outdoor dining facility except for :

a.

One menu board sign, not to exceed six (6) square feet, which may display within the area of the outdoor dining. The sign can be mounted on an easel or other easily removable fixture and it must be stored indoors each night.

b.

The menu board sign shall be constructed of durable, weather-resistant materials, such as but not limited to:

i.

Stainless steel or aluminum frame.

ii.

Lexan or Plexiglas cover.

iii.

Slate or porcelain board.

Cardboard signs are prohibited.

M.

Public Health Measurers. Refuse containers must be provided and serviced. All outdoor dining areas shall be cleared of trash, debris and litter at the time of closing each day. No soiled food service equipment, utensils or tableware may be kept in the outdoor dining area.

N.

Seasonal Removal. Tables, chairs, and other furnishings may be left in place, not stocked, but all other outdoor dining accessories shall be removed or stored indoors whenever outdoor dining is not in seasonal operation, but in all cases such other dining accessories shall be stored during the period between December 1st and March 1st of the following year.

O.

Storage. Outdoor storage of food and beverages shall be prohibited.

P.

Outdoor Lighting. Outdoor lighting shall be subdued and downward focused. No wall pack fixtures shall be used. Lighting shall be shut off each night when dining is completed. (See Illumination Control Ordinance).

Q.

Area Limitation. The outdoor seating area may not occupy an area in excess of twenty (20%) percent of the gross floor area of the permitted use.

R.

Miscellaneous Provisions. Outdoor dining facilities shall be located on an impervious surface or on an approved pervious paving surface. Outdoor dining shall not be permitted in required parking areas.